Loading...
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''� quz CITY LEPJL� IN CITY COUNCIL June 8, 1987. Referred to Planning Board - Co der next regal meeting. COOT CLERK In City mm'ilN 211957 Pasexi Ucte S YOS IM rct491es Ca[, Prm ,.Le EIM OPDINANCE91 TITLE,) Amending zoning Ordinance 616 Stillwater Avenue Intro�c®i wei (ttm W txwxitwm 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. �0K / 6 /7i��1 '� ' D1IMW1 BANGOR. MAINE Been JOHN M. LOAD TEL. A„9O1®•, "'""' 414 of Pangur, m 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. �0K / 6 /7i��1 '� ' 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. J I R1A, ,�z �4 Iff"s, 111' essor pSE 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� 6. ss -F7 f9.n/ ""� �u ✓ bl Ig/ 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 .f 67ry /v /9BrJ ze K3i/iezf7 a��0 �y h �1 V.diV O..iOP n ANWFW Y./b'bp 339. o Ia0 eo p C9 eo�nF..O M � SUB�ti 4t y pi/.,ua V= ss�,pu..c i9aJ Sc.E�.E'1"=4f