HomeMy WebLinkAbout1987-05-27 87-191 ORDINANCE8]-191
Introduced by Councilor Sullivan. May 27. 1987
CITY OF BANGOR
GITIEJ (PrbinnUCC, Amending Zoning Ordinance
416 Stillwater Avenue
Bn 1t ordained by Me Oitp C mem ofdw City ofBanynr. as 149owa:
THAT the zoning bounds" lines as established by the Zoning Map of
The City of Bangor dated September 23, 1974, as amended be hereby
further amended as follows:
By changing a parcel of land located at 416 Stillwater Avenue (Tax
Map No. R-55, Parcel No. 11) from Agricultural Zone and Residential
Due Zone to Commercial 2 Zone. Said parcel containing approximately
1.8 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
Bangor, 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 subject property shall be used only for
residential and office purposes.
b. Buildings maintained or constructed on the subject
premises will be residential in appearance.
C. Anyestructures erected on the subject property
shall comply with the height restrictions of the zone
in which the building is situate.
d. Maximum lot coverage, including existing buildings
c 'shall be limited to Thirteen Percent (13%) the maximum
lot coverage allowable in the zone in which the subject
premises are situate.
e. Minimum sideyards of Twelve (12) feet on the south
side and Twenty-five (25) feet on the north side
and a minimum rear yard of Twenty -five -(25) feet
.shall be maintained.
IN CITY COUNCIL
May 27, 1987
Referred to Planning Board
Consider next regular
meeting ^^dd''�
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CITY LEPJL�
IN CITY COUNCIL
June 8, 1987.
Referred to Planning Board -
Co der next regal meeting.
COOT CLERK
In City mm'ilN 211957
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OPDINANCE91
TITLE,) Amending zoning Ordinance 616
Stillwater Avenue
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11911. Mmx¢ — New Elglaud GwuW Come,
DATE: June 3, 1987
TO: The Honorable City Council
FROM: :The Planning Board
SUBJECT: Amending Zoning Ordinance - Contract Zone Change
- 416 Stillwater Avenue-- Marchers O'Connell
Council Ordinance No. 87-191
Agricultural and Residential 1 Zone to Commercial 2 Zone
Please be advised that the Planning. Board at its regular
meeting on Monday, June 1, 1987, held a public hearing on. the above
zone change request. After careful consideration of the proposed
use of the area for low-density residential is the Comprehensive
Plan and the existing low-density residential development and
zoning in the area, the Board voted four in favorandone opposed
to recommend denial of the above contract zone change request.
A-. i//.1,...-.
M. ],orf
Planning
ning Off'ner
AWW,
UAN�OIL MAINE ROD
JOHN LORD
n:,.:�,�.,m.,
A...�. oeia'
of Pmugor,
�9tllaie
DATE: June 3, 1987
TO: The Honorable City Council
FROM: :The Planning Board
SUBJECT: Amending Zoning Ordinance - Contract Zone Change
- 416 Stillwater Avenue-- Marchers O'Connell
Council Ordinance No. 87-191
Agricultural and Residential 1 Zone to Commercial 2 Zone
Please be advised that the Planning. Board at its regular
meeting on Monday, June 1, 1987, held a public hearing on. the above
zone change request. After careful consideration of the proposed
use of the area for low-density residential is the Comprehensive
Plan and the existing low-density residential development and
zoning in the area, the Board voted four in favorandone opposed
to recommend denial of the above contract zone change request.
A-. i//.1,...-.
M. ],orf
Planning
ning Off'ner
Hp^8u,, Male — Neo asked GMWO never
DATE: June 17, 1987
TO: The Honorable City Council
FROM: The Planning Board
SUBJECT: City Council Referral of C.O. B 87-191
Contract Zone Change - Stillwater Avenue
At the request of the City Council. the Planning Board at
its regular meeting of June 15, 1987 reviewed the proposed contract
zone change contained in C.O. F 87-191 at 416 Stillwater Avenue.
The Board requested additional comments from the applicant's
attorneys and prospective buyer of the parcel and after considerable
discussion as to the specific merits of this application and the
process under which contract zone change applications are handled,
the Board voted 3 in favor and two opposed that the conflict of
this zone change request with the City's Comprehensive Plan alone
made this zone change request unapprovable by the Board.
The Board then requested that the Council be informed that after
lengthy reconsideration of the conditions in the area
and the criteria
under which contract zoning was to be reviewed, that its previous
recommendation in this matter would stand.
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BANGOR. MAINE Been
JOHN M. LOAD
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414 of Pangur,
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Mama
DATE: June 17, 1987
TO: The Honorable City Council
FROM: The Planning Board
SUBJECT: City Council Referral of C.O. B 87-191
Contract Zone Change - Stillwater Avenue
At the request of the City Council. the Planning Board at
its regular meeting of June 15, 1987 reviewed the proposed contract
zone change contained in C.O. F 87-191 at 416 Stillwater Avenue.
The Board requested additional comments from the applicant's
attorneys and prospective buyer of the parcel and after considerable
discussion as to the specific merits of this application and the
process under which contract zone change applications are handled,
the Board voted 3 in favor and two opposed that the conflict of
this zone change request with the City's Comprehensive Plan alone
made this zone change request unapprovable by the Board.
The Board then requested that the Council be informed that after
lengthy reconsideration of the conditions in the area
and the criteria
under which contract zoning was to be reviewed, that its previous
recommendation in this matter would stand.
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2. Execution by those parties with an interest in the affected
property of an agreement providing for the implementation and enforce-
ment of all the terms and conditions set forth above and the recording
of said executed agreement in the Penobscot County Registry of Deeds
by the property owner, a copy of said agreement being on file i
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 thedate of passage hereof, this
Ordinance shall become null and void.
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8]-191
8]-191
PROPOSED CONDITIONS OF ZONING CONTRACT
1. The subject property shall be used only for residential and
office purposes.
2. Buildings maintained or constructed on the subject premises
will be residential in appearance.
3. Any new structures erected on the subject property shall
comply with the height restrictions of the zone in which
the building is situate.
6. Maximum lot coverage, including existing buildings shall be
limited to Thirteen Percent (138) the maximum lot coverage
allowable in the zone in which the subject premises are
situate.
s. Minimum sideyards of Twelve (12) feet on the south aide and
Twenty-five (25) feet on the north side and a minimum
rearyard of Twenty-five (25) feet shall be maintained.
8J-191
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE 7'�ay 6, 1987 -
THE PLANNING BOARD OF BANGOR, MAINE: N0.
1. I(WE) MABCHETA O'CONNELL
2. of 416 Stillwater Avenue, Bangor, Naine 04401 947-8524
Address City or Post Office Telephone
hereby petition to amend the zoning ordinance of the City of
Bangor, Maine by reclassifying from A zone to
the C-2 (contract) zne the property outlined in red on the maps
attached hereto, which are part of this application, and
described as follows: 1
3. ADDRESS OF PROPERTY (if any) 416 Stillwater Avenue
Total Area(acres or square feet
4. PROPERTY LOCATION (General Description): Erample - South side of
State Street 400 yds. East of Pine Street
North side Stillwater Avenue immediately northerly of the
intersection of .tillwater Avenue and 1-95
5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. R-55 Parcel 11
6. EXISTING USE: residential
]. PROPOSED USE: office and residential
R. NAME
AND
ADDRESS
OF
OWNER OF
RECORD: Name Marchetti O'Connell
$90.00
$ 40.00
= $130.00
Contract Zone Change
90.00
Atldress 416 Stillwater Avenue
9. NAME
AND
ADDRESS
OF
CONTRACT
OWNER (if such):
10. SIGNATURE OF OWNER OR CONTRACT OWNER Y74
�/
A^.CNE mA O'OOE NELL�—�L
11. REPRESENTATIVE OF APPLICANT: Name Paul L. Rudman, Esq.
(if applicable)
Address 84 Carlow St., Bangor, ME 04401
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM 6 DUPLICATE TO PLANNING OIVIS ION, CITY HALL, BANGOR ME
Application Fee:
Processing
Advertising
Total
Zone Change
$90.00
$ 40.00
= $130.00
Contract Zone Change
90.00
200.00•
_ $290.00
'Two Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
CONTRACT ZONING AGREEMENT �i1
THIS AGREEMENT is made as of June , 1987, by and between the
CITY OF BANGOR, a municipal corporation with a place of business
located at 73 Harlow Street, in Bangor, County of Penobscot, State
of Maine and MARCHETA O'CONNELL, of Bangor, County of Penobscot,
State of Maine
WITNESSETH:
WHEREAS, Marchers O'Connell is the Owner of record of a"cgrtain
parcel of land situated in Bangor, County of Penobscot,. State of
Maine, said land being located on Stillwater Avenue and.bdimg
identified on City of -Bangor Assessor's Map NO. R-551 as Lot 11.
Reference may be had to a deed recorded in.,the Penobscot County
Registry of Deeds in Volume 1800, Page 346, for a more particular
description of said land; and
WHEREAS, pursuant to 30 M.R.S.A. Section 4962 (2) (I) and
Chapter VIII, Artricle 2, Sec. 8 and Article 21, Sec. 11 of the Laws
and Ordinances of the City of Bangor, application was made for a
contract zone change, so-called, to reclassify said parcel of land
(said parcel hereinafter being referred to as the "subject
premises") said parcel comprising a land area of approximately";...?.
acres, all as set forth in Exhibit A attached hereto and
incorporated herein by reference, -from 'an -:Agricultural Zone -end a
Residential One Zone to a Commercial Two Zone .under the Zoning
Ordinance of the City of Bangor, said application_ proffering certain
conditions or restrictions relating to the physical development
a
and/or operation of the subject premises; and
WHEREAS, subsequent to a public hearing on the matter, and after
due consideration given to the recommendations of the Planning
Board, the Bangor City council adopted Council Ordinance 87 -
whereby it reclassified the subject premises from an Agricultural
Zone and a Residential One Zone to a Commercial Two Zone under the
Zoning Ordinance of the City of Bangor subject to certain
restrictions and/or conditions, a copy of said Council Ordinance
87- and the restrictions and/or conditions contained therein
being attached hereto as Exhibit B and incorporated herein by
reference.
NOW, THEREFORE, in consideration of the reclassification of the
subject premises from Agricultural Zone and Residential One Zone to
Commercial Two Zone under the Zoning Ordinance of the City of
Bangor, the parties hereby agree as follows:
1. Marchetti O'Connell, her successors and assigns, hereby
covenant and agree that the use, occupancy and/or development of the
subject premises, in addition to other applicable laws, ordinances,
or regulations of the City of Bangor, shall be subject to the
following restrictions and/or conditions on the physical development
or operation of said property:
a. The subject property shall be used only for residential and
office purposes.
b. Buildings maintained or constructed on the subject premises
will be residential in appearance.
C. Any new structures erected on the subject property shall
comply with the height restrictions of the zone in which
the building is situate.
d. Maximum lot coverage, including.existing buildings shall be
limited to Thirteen Percent (131)the maximum lot coverage
allowable in the zone in which the subject premises are
situate.
e. Minimum side yards of Twelve (12) feet on the south side
and Twenty-five (25) feet on the north side and a minimum
rear yard of Twenty-five (25) feet shall be maintained.
2. The Owner hereby agrees that the ahove-stated restrictions,
provisions, conditions, covenants, and agreements are made an
essential part of this Agreement, shall run with the subject
premises, shall bind the owner, his successors and assigns, to or of
said property or any part thereof or any interest therein, and any
party in possession o ccupancy 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 repre-
sentatives, and the owner or owners of any abutting parcels of land.
3. The Owner hereby agrees that if she, or any person claiming
under or through her, shall at any time violate or attempt to
folate, or shall omit to perform orobserve any one or more of the
foregoing restrictions, provisions, conditions, covenants, and
agreements, the City of Bangor and the abutting landowners(s) shall
have the following remedies, which may be exercised by the City of
Bangor either jointly or severally:
a. The City of Bangor shall have the right to prosecute
violations of this Agreement in the same manner that
it is authorized to prosecute violations under the
Zoning ordinance of the City of Bangor in effect at
the time of said violations. For the purposes herein,
a violation of this Agreement shall be deemed a
violation of said Zoning Ordinance and shall be
subject to the penalty provisions of said Ordinance in
effect at the time of violation. Each day that a
violation is permitted to exist after notification of
the same pursuant to said Ordinance shall constitute a
separate offense.
S. 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 Agreement by injunction,
legal and equitable actions and all other lawful
process for the enforcement of the same.
The Owner further agrees that the failure of the City of Bangor o
the owner
owners of abutting parcels to object to any violation,
howeverlong continued, or to enforce any restrictions, provisions,
conditions, covenants, or agreements contained in this Agreement
shall in no event be deemed a waiver of the right to do so
thereafter as to the same breach or violation or as to any breach or
violation occurring prior or subsequent thereof.
4. The City of Bangor and the Owner hereby agree that the
provisions of this Agreement shall remain in full force and effect
until such time as the same
may be modified, amended, repealed,
and/or replaced upon their written agreement. it is expressly
understood by the parties hereto that any such change shall be in
accordance with the laws of the State of Maine and the Zoning
Ordinance of the City of Bangor, shall betreatedas an amendment to
said Ordinance and shall be processed accordingly.
5. The parties hereto hereby agree that nothing in this
Agreement shall be construed so as 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 Council, any use established
under the provisions outlined in paragraph 1, subparagraphs a., b.,
d., and e., above, subject to the restrictions, provisions,
conditions, covenants,
ants, and agreements contained in this Agreement,
shall be allowed to continue as a nonconformity or a nonconforming
use, whichever the case may be, in accordance with the provisions of
the Zoning Ordinance, as may be in effect at the time of said zone
change, governing the same.
6. The parties hereto hereby agree, for themselves, their
successors and assigns, to waive any and all rights to challenge the
validity of Council Ordinance 87- or the terms of this Agreement.
]. The parties hereto hereby agree that if one of the
restrictions, provisions, conditions, covenants, and agreements, o
portions thereof, contained in this Agreement is for any reason held
valid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision and such determination shall not affect the validity of
the remaining portions hereof.
Provided, however, that parties hereto hereby further agree
that in the event any of the contracted provisions contained in
paragraph 1, subparagraphe a., b., c,0 d., and e., above are
invalidated or such other provision is invalidated 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 shall have the
Power to seek a reversion and/or change of the zoning of the subject
premises to the current zoning classification a may be in effect at
the time of the processing of any such reversion and/or change.
Said reversion add/or change may be initiated by a representative of
the City of Bangor or an abutting property owner to the subject
premises, shall be processed in accordance with the procedure
established for an amendment to the Zoning Ordinance in affect at
the time, and shall -be evaluated in accordance with the criteria
established for the review
of zone change. applications. It being
the intent of the parties hereto that the owner shall not be allowed
to benefit from the zone change for the subject premises in the
event that the City of Bangor or abutting land owners are deprived
of the conditions negotiated to minimize the negative externalties
of the requested rezoning.
8. EXCOptas expressly modified herein, the use and occupancy
of the subject premises shall be governed by and comply with the
provisions of 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.
Marcheta. O'Connell
CITYOFBANGOR
_ BY
John W. Flynn
Its City Manager
STATE OF MAINE
Penobscot, as. ,1989
Then personally appeared the above-named Hatchets O'Connell and
acknowledged the foregoing to be her free act and deed.
Before me,
Printed Name:
Justice of the Peace
Notary Public
Attorney at Law
STATE OF MAINE
Penobscot, as.
,1989
Then personally appeared the above-named John W. Flynn and
acknowledged the foregoing to be his free act and deed in this said
capacity as City Manager and the free act and deed of said City of
Bangor.
Before me,
Printed Name:
Justice of the Peace
Notary Public
Attorney at Law
C t7. i 9/
Stillwater Professional Park
16 Penn Plaza, Suite 1
Bangor, ME 04401-3616
May 21, 19B7
Mr. Harris Per
Reality World
lot Reality
115 Franklin Street
Bangor, WE 04401
RE: Reality World
1st Reality
Professional Office
Dear ft. Far;
Thank you for reviewing your proposed plans of your new
office with myself. As you are aware Stillwater Gardens,
JAC/CG/SAC, CA/CO, Realease Investment, Inc. have made a
considerable investment on and off Stillwater Avenue in
Bangor.
This is in addition to Stillwater Professional Park where in
some three years Job creation has exceeded some one hundred
eighty (180) coupled with a substantial increase in tax base.
we are very happy with all commitments made in Bangor and by
a unanimous vote of stockholders I am informing you, they
fully support your plans and in fact Welcome you to our area
of the City of Bangor.
Again my personal thanks for taking the time to go over your
new office intention. Best regards. -
Cordi 11
Car R. Snow, Jr.
President -
Stillwater Gardens
JAC/CO/SAC
Realease Investment, Inc.
SPOCA
cA/CO
Rne�
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June 1. 1987
Mr. Robert Nichols
Cbalzman
.Bangor planning Board
c/o Planning Department
city Ball
Bangor, Maine 04401 -
.Dear Nr. Nichols:
As a resident of Stillwater Gardens Sub -division, and as the
nearest resident to the O'Connell property, a wish to make my
feeling known to the Planning Board regarding the proposed
contract zone change for Marchetta O'Connell.
1 havediscussedwith Morris Far of Realty World - 1st Realty bid
plane for the property should the zoning change be granted and
his Parcbase consummated. i am thoroughly convinced that his use
Of the property would in no
w n
ay be a detriment to Ourselves o
the neighborhood whole.A¢ atter of fact Mr. Fez 1s
contemplating major improvements to the p[opezty whicy should
enhance its appearance. Shv property has been somewhat rundown,
and given the traffic noise from 1-95.awere concerned
red
that any¢ would purcha and fix it ups a
s eis
limited al believe,would act
between the highway and our residential area, without creating
any adverse effects.
Therefore, we request that you please make known to the Planning
Board our feelimgs of support for this contract zone change.
B rely, n
Dennis and victoria Payson
3 Drew Lane
Bangor, Maine 04401 -.
t?,W
May 20 , 1987
Mr. Robert Nichols
Chairman
Bangor Planning Board
c/o Planning Department
City Ball
Bangor, HE 04401
Dear Mr. Nichols:
I am toe owner of property adjacent to and across from property
owned by Marcheta O'Connell numbered and known as 416 Stillwater
Avenue, Bangor, Maine. I understand that Mrs. O'Connell has made
application for contract zoning for her property which would
permit the property to be used for office purposes with certain
dimensional restrictions.
I am concerned that unless Mrs. O'Connell is permitted to use the
fisting structure for commercial purposes that the structure
will continue to fall into disrepair and will become an eye sore.
As an adjacent owner, I endorse Mrs. O'Connell's request for a
contract zone which will permit the renovation and preservation
of the existing structure and will serve as a buffer between the
adjacent residential zone and the interstate highway..
I would appreciate your notifying the Planning Board of my
support for Mrs. O'Connell's request.
Very truly yours,
X
JU SON GRANT, JR t GG
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