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HomeMy WebLinkAbout1989-06-26 89-287 ORDINANCEW 4 0=1 Mbn DM awe 19. 1989 Item No. 89�p9T' r Item/Su• SIacC lwandeg zoning ordinance -Contract zone Change -. 3239 Stillwater avenue flaspoptNe Beper[nwR: Planning Division Coanmmpry: - . For Referral to the Pumping Board This is me of the propels in the area oned Prose x-5 to R-4 at me City Ceunciil's last meeting. The proposed contrast zens, change to R-5 Would basically allow for R-4 special exceptlm development standards on a lees than four acre lot. YC Managers Comments: ,a7a,ux- Z iyiy Mon(�� Aaeociated Information: - Budget Approval: Fim Legal Approval City Mknar Introduced For O Passage LI First Reading Paee_or_ ©Referral to planning Board - - _ 89-28] Aadpedto Comedo Scanned, June 26-, 1989 CITY OF BANGOR (TITLE.) OrYUUMCR.y _.._.amending zoning Ordivulne..... ..-.... 323V Stillwater Avenue Be B ordalwd by W City Couanf of Me City o(Bawaor, as /ogewa: THAT the zoning boundary lines as established by the Zoning Map of the City of $angor dated September 23, 1974, as amended, be hereby furdeer amended as follows:. By changing a parcel of land located at 323V Stillwater Avenue (Tax Map No. R-56, Parcel No. 14) from Residential 4 Zone to Residential 5 Zone subject to Certain conditions. Said parcel containing approximately 3.45 s and being more particularly indicated an the map attached hereto end made apart hereof. PROVIDED, HOWEVEN TMT, in addition ve the mandatory Conditions imposed by Chapter VIII, Article 21, Section 11.3, ordinances of the City of Danger, said change of Cane is granted subject to the following conditions: 1. The us and/or operation of the scbjebt peroxides shell be subject to the following limitations and/or restrictions: - A. The use of the premises shall be Limited to one -family.., two-family imulti -family dwellings, and any accessory uses customarily ndidental and subordinate thereto. B. The maximum density shall not exceed 15 dwelling unite per acre. C. No building shall certain more then 8 dwelling units, nor exceed 2 stories or 30 feet in height. D. The total number of dwelling units shall not exceed 48.. 2. Bxecution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said.esecuted:agreement in the Penobscot County Registry of Deeds by theproperty owner, a Copy of said agreement being on file in the Office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executedand recorded within ninety (90) days from the date of passage hereof, this ordinance stall become -mall -and void. i In City Lounuil June 26,1989 R'eferedl;tnPlarvung Eoard ¢ecaivad-tst reading In City Council July 10,1999 _ refered Co community and economic development committee Qw.tU d . r City clerk In City Cowcil July 24,1989 PaS V nine yes Voting yes blanchette,E gland, Sawyer.Saxl.Shub=a't,soeneud Sto�ne7,5u11ivan.T'1/1/y City 89-289 ORDINANCE I TITU.) aammmIdon Zoning ordieance 323 v Stillwater Ave. IN CITY COUNCIL Bc45 02 Pct 4 6 July 26. 1989 89-287 Passed _ A True COPY Amigned is Coueeiiar Sosnaud, June 26, 1989 Attest: t TY OF BANGOR CCLE �p �1L (TITLE) (DrYMMMeer _.._... ............nmenaing. Zoning ordanence _... 3,2W Stillwater_ Avenue Be it ordained By she City CowwwU of the City of Bangor, as follows: THAT the zoning boundary linesasestablished by the Zoning Wap of the City of Bangor dated September 23,. 1974, as amended, be hereby further amended as follows: By charging a parcel of land located at 32V Stillwater Avenue (Tax Wap No. R-56, Parcel No. 14) from Residential 4. Zone to Residential 5 Zone subject to certain conditions. Said parcel containing approximately 3.45 acres and being more particularly indicated on the map attached hereto And made a part hereof. PROVIDED, HOWEVER THAT, in. addition to the mandatory conditions imposed by Chapter VIII, Article 21, Section 11:3, Ordinances of the City of Ranger, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The use of the premises shall be limited to one -family, two-family or multi -family dwellings, and any accessory used customarily incidental and subordinate thereto. B. The maximum density shell not exceed 15 dwelling units per acre. C. No building shall contain more than S dwelling units, nor exceed 2 storied or 30 feet in height. D. The total number of dwelling units shall not exceed 48. 2. Execution by those partied with an interest in the affected pnuperty of An agreement providing for the implementation And enforcement of all the terms and conditions set forth above and the 'recording of paid e em cuted agreent in the Penobscot County Registry Df Cards by the property owner, a copy of said agreement being on file in the Office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed and recorded within ninety (90) days from the date of passage hereof, this Ordinance shall become nu11 and void. TDRIHIT B FM m 89-28] I A ND TH' QV of Pangor, Amine John M. Lard Manning Officer Data 4/12/91 Memos, Russ McKenna, City Clerk sobjee: Contract Zane Change Agreement - C O 1 89-287 Attached is the original copy of the Contract Zone Change Agre went between the City of Bangor and Mostafa Al-Shair for property located at 323 Stillwater Avenue. Please keep this on file with C.O. p 89-287. BK4502 PG242 CONTRACT ZONING AGREEMENT 024287` THIS AGREEMENT is made a of /8 4: Tei 4gjpws.! 1 1989: by and be- tween the CITY OF BANGOR, amiclpal corporation with a place of business located at 73 Harlow Street, in Bangor, County of Penobscot: State of Maine and MOSTAFA AL-SHAIR, of Medina, Kingdom of Saudi Arabia WITNESSETHI WHEREAS, Moskafa Al-Shair is the owner of record of a certain parcel of land situated in Bangor, County of Penobscot, State of Maine, Paid land being located at 323V Stillwater Avenue, and being identified on City of Bangor Assessor's Map No. R-56, as Lot 14. Reference may be had to a deed recorded in the Penobscot County Registry of Deeds in Volume 3396, Page 106, for a more particular description of said land; and WHEREAS, pursuant to 30 M.R.S.A. Section 4962 (2) (1) and Chapter VIII, Article 2, Sec. 8 and Article 21, Sec. 11 of the Laws and Ordinances of the City of Bangor, application wamade for a contract z change, -called, to reclassify maid parcel of land (said parcel hereinafter being referred to as the "subject premises') said parcel comprising a land area of approximately 3.45 acres, all a set forth in Exhibit A attached hereto and incorporated herein by reference, from a Residential 4 Zone to a Residential 5 Zone under the Zoning Ordinance of the City of Bangor, said application proffering certain conditions or restrictions relating to the physical development and/or operation Of the subject premises) and WHEREAS, subsequent to a public heaping an the matter, and after due consideration given to the recommendations of the Planning Board, the Bangor City Council adopted Council ordinance 89-287 whereby it reciasai- fied the subject premises from Residential 4 Zone to Residential 5 Zane under the Zoning Ordinance of the City of Bangor subject to certain r¢ - strictiOns and/or conditions, a copy of said Council Ordinance 69-287and the restrictions and/or conditions contained therein being attached hereto as Exhibit S and incorporated herein by reference. NOW THEREFORE, in consideration of the reclassification of the subject premises from Residential 4 Zone to Residential 5 Zone under the Zoning Ordinance of the City of Bangor, the parties hereto agree as {allows: 1. Mostafa A1-Shair, his s and assigns, hereby covenant and successors leve s oven agree that the u applicable and/or development of the subject premises, in addition to usher applicable laws, a following a restrictiregulatioons a of the City vi Bangor, shall be subject to the r operation restrictions antl/Or conditions on the physical development or op¢rati on of said property; Bx4502 PG243 'A. The use of the premises Shall be limited to one -family, two-family or multi -family dwellings, and any accessary uses ustomarily incidental and Subordinate tharYtO. B. The maximum density shall not exceed 15 dwelling units per acre. C. No building shall contain more than 8 dwelling units, nor exceed 2 stories or 30 feet in height. B. The total number of dwelling units shall not exceed 48. 2. The owner hereby agrees that the above -stated restrictions, prOvi- onditions, co ants, and agreements are made an essential part of this sAgreement, shall run with the subject premises, shall bind the owner, s his s r and assigns, to or of said property o any part thereof or any interesttherein, and any party in possession Oraccupamcy of said property or any part thereof, and shall inure to the benefit of, and be enforceable by, the City of Bangor, by and through its duly authorized representatives, and the owner or owners of any abutting parcels of land. 3. The Owner hereby agrees that if he, or any person claiming under or through him, shall at any time violate or attempt to violate, or shall mit to perform o observe any a more 0f the foregoing restrictions, o provisions, Conditions, C ants% and agreements, the City of Bangor and the abutting landowner(s)shall have the following remedies, which may be exercised by the City of Bangor either jointly or severallyl a. The City of Bangor shall have the right to prosecute vials - tions of this Agreement in the same manner that it if autho- rized to prosecute violations under the Zoning Ordinance of the City of Bangor in effect at the time Of said viola- tions. For the purposes herein, aviolation of this Agree- ment shall be deemed a violatiom 04 said Zoning Ordinance and shall be subject to the penalty Arovisi Ons 04 said Ordi- nance in effect at the time 04 violation. Each day that a violation is permitted to exist after notification of the same pursuant to said Ordinance shall constitute a separate offense. b. The City of Bangor and/or the owner or owners of parcels of land which abut the subject premises shall have the right to Institute any and all actions or proceedings, including the right to enforce all the terms and provisions of this Agree- ment by injunction, legal and equitable actions and all other lawful process for the enforcement of the name. The Owner further agrees that the failure of the City of Bangor or the owner or owners of abutting parcels to object to any violation, however long Continued, or to enforce any restrictions, provisions, conditions, Covenant%, or agreements contained in this Agreement shall in no ent be deemed a waiver of the right to do so thereafter as t0 the ebreach or violation or as to any breach or violation occurring -prior tomsubsequent _ thereof. 80502 PG244 4. The City of Bangor and the Owner hereby agree that the provisions of this Agreement shall remain in full #crew and effect until such time a the s may be modified, a ended, repealed, and/gr replaced upon their written agreement. It isexpressly understood by the parties hereto that any such change shall beiaccordance with the laws of the State of Maine and the Zoning Ordinance of the City of Bangor, shall be treated as an amendment to said ordinance and shall be processed accordingly. 5. The parties hereto hereby agree that nothing in this Agreement shall be c nstrued s s to preclude the future exercise of the Bangor City Council's legislative authority relative to the zoning of the subject premises. In the event that the zoning of said premises is changed by the City Councils any use established under the provisions outline In para- graph 1, subparagraphs A., B., C., and O., above, subject to the restric- tions, provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continue as a nonconformity or a nonconform- ing use, whichever the case may be, in accordaocii with the provisions of the Zoning Ordinance, as may be in effect at the time of said acne Change, governing the same. 6. The parties hereto hereby agree, for themselves, their successors a and assigns, to w any and all rights to challenge the validityof Council Ordinance 89-287 or the terms of this Agreement. T. The parties hereto hereby agree that if onof the restrictions, provisions, conditions, c ants, and agreements, or portions thereof, contained in this Agreement is for any r n held invalid c unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such determina- tion shall not affect the validity of the remaining portions hereof. Provided, however, that parties hereto hereby further agree that n the event any of the contracted provisions contained in paragraph 1, subparagraphs A., B., C., and O., above, are invalidated on such other provision is `validated so as to constitute a material change in the restrictions,provisions, conditions, covenants, and agreements negotiated by and between the parties, the City of Bangor or abutting land owners r shall have the power to seek a and/or change of the z ingof the subject premises to the current zoning classification a may be in affect at the time of the processing of any such reversion and/or change. Said reversion and/or change may be initiated by a representative of the City of Bangor abutting property owner to the subject premises, c shall be processed In accordance with the procedure established for an amendment to the Zoning Ordinance in affect at the time, and shall be valuated in accordance with the criteria established for the review of Sena change applications. It being the intent of the parties hereto that the owner n shall not be allowed to benefit from the z change for the subject premises in the event that the City of Bangor or abutting land wners are deprived of the conditions negotiated to minimize the negative externalties of the requested rezoning. S. Except as expressly modified herein, the use and occupancy of the --- subject premises shall be governed by and comply with the provisions of BX4502 PG245 the zoning ordinance of the City of Bangor and any applicable amendments thereto or replacement thereof. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. .�D Mostafa Al-Shair W'd Q• Osce6Cy" Witness By,plas F. Schmidt under Power of Attorney dated .July 29, 1989 to be recorded in the Penobscot County Registry of Dead% CITY OF BANGOR YO BY <�ef/"l"l%�// Witness Edward A. Barrett Its City Manager STATE OF MAINE Penobscot, as., / p6f T/r , 1989 Then personally appeared the above-named Douglas F. Schmidt in his said capacity as Power of Attorney for Mostafa AI-Shair and acknowledged the foregoing to be his free act and deed and the free act and deed of said Mostafa A1-Shair. Before me, Printed _ e Attorney at Law BK4502 PG246 STATE OF MAINE Penobscot, ss. uryv_qu.�t /k 1984 Then personally appeared the above-named Edward P. Barrett and acknowl- edged the foregoing to be his free act and deed in him Said capacity as City Manager and the free act and deed of said City Of Bangor. Before me, M- �L Princee Name:TEre x. easy Notary NotaryPubllc_ Attew _ . iNIIeas6a 11, MW T N IlE NOQ'TN 0/01IR4 TO R5 CONTRAC EXiB-T A i R4 -W.� 4502 PG249 84-287' e � S RW R4 w Y@_ i ro Y H R4 \ fi I, � NoezN BK4502 PG241 POWER OF ATTORNEY lit -i" 11286 I, Mostafa Al-Shair, of Medina, Kingdom of Saudi Arabia, do hereby constitute and appoint Douglas F. Schmidt, my true and lawful attorney in fact, for me in my name, place and stead, to do any and all of the following: 1. To execute onmy behalf all documents, including, but not limited to, deeds and agreements of sale in connection with the sale of or of the disposition of real estate which Inn Stillwater Avenue, Bangor, Maine, r described n the Penobscot County Registry of Deeds in book 3396, Page 106. 2. To execute and agreement with the City of Bangor with respect to zoning changes relating to real estate I own including contract zoning. The rights, powers, and authority of my attorney in fact to exercise any and all of the rights and powers herein granted shallm and be full farce and effect -a of the date ofthes% execution of this instrument, and such rights, powers, and authority shall remain in full force and effect thereafter untilvoked by me by e written notice to the said Douglas Fe Schmidt, and recorded in said PenobscotCounty Registry of Deeds. IN WITNESS WHEREOF, I, the said Mostafa A1-Shair, have hereunto set my hand and seal this pwn day of Duly , 1989. Signed, Sealed and Delivered in Presence of: Mastafa Al-Shair Kigern of Sauince Ambu Pmvih WarCity of City of leaaaM1 ConzulHe "10General Of a UnRed Smtes rf o j ,Tnly 29 , 1989 Personally appeared the above named Mostafa AT- Shair and acknowledged the foregoing instrument to be his free D$SptTYfSS � cm Y9'Erl/'B BScU Before m e, AZA111 X dH -50 e'��`�T'EST, Dennis T.STER `1 RI=gSPER print Cast n pr rr ams Cenral of the Utdted States of Nreriea 23 `� , ;, ow/ L;