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HomeMy WebLinkAbout1984-11-26 85-33 ORDINANCE85-33 Introduced by councilor McCarthy, November 26, 1984 _ CITY OF BANGOR (TITLE.) �LASBITCPt Amending...2oning..Ord non ............... ...... 8e u ordaimad by Uw City Conuit NNw Cftg of8anwr, as tallouw: THAT the zoning boundary lines as established by the Zoning Map sf the City of Bangor dated September 23, 1974, as emended, be hereby further amended as follows: By changing a parcel of land located on Husson Avenue (Tax Map No. R-41, Parcel No. 3B) from Residential 4 Zone to Residential 4 Zone Said parcel containing approximately 7.5 acres and being more parti- cularly indicated on the map attached hereto and made.a part hereof. PROVIDED, HOWEVER, THAT 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. That the density of the development will not exceed 12 dwelling unite per acre. b. That the number of dwelling units in a single building will not exceed 16. C. That the use will be limited to multi -family residential use (excluding boarding houses and roaming houses). 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 terns and conditions set forth above and therecordingof said executed agreement in the Penobscot County Registry of Deeds by the property owners, a copy of said agreement being on file in the Office of the City Clerk and incorporated hereinby reference. In the event that said agreement is not so executed and recorded within sixty (60) days from the date of passage hereof, this Ordinance shall become null and void. - „ On City Counvil November 26:19M refe al to planning board consider nett regular meeting c: yTc clerx d 85-33 ORDINANCE ( TITLE,) Amenling Zoning Ordlrenee 'aLaad met /(/LSw W IN CITY COUNCIL December 10, 1984 i Amended by substitution and peened by the following yes and no votes. Cou:CilDra voting yea: Brown, Cox, DaVi B, Frankel, Gaae, Tilley, Meeler and Willey. C7ounSSl, 0 abstaining: tk thy. /� ....P/f l ffTY CIER: Bangor, the center of Maine—the Gateway to Maine's North Woods and Seaaho a Risons DATE: December 5, 1984 TO: The Honorable City Council FROM: The Planning Board 'V 'Amending Zoning Ordinance Contract Zone Change - Husson Avenue Council Ordinance No. 85-33. RODNEY 0, WARY CITY nO0. u MW JOHIKLORIP •EL ao,,,.,a..: P1111.10M.°` IN of Pangar,.Pawz DATE: December 5, 1984 TO: The Honorable City Council FROM: The Planning Board SUBJECT: 'Amending Zoning Ordinance Contract Zone Change - Husson Avenue Council Ordinance No. 85-33. Please be advised that the Planning Board at its regular seting of December 3, 1984, helda public hearing on the above contract zone change request. After careful review of the conditions proposed, the Planning Board voted five in favor and none opposed to recommend the amended contract zone change contained in C.O. t 85-33(as Amended). In I Lora Planning Officer BE IT FURTHER ORDAINED BY TEE CITY COUNCIL. OF. THE CITY OF BANCOR THAT this Ordinance amendment shallbecome effective upon the recordation of a ecuted copy of the. aforementioned agreement in the Penobscot County Registry of Deeds or at such timeas the same becomes effective pursuant to the provisions of the City Charter of the City of Bangor, whichever is later. m APPLICATION FCR 20NING ORDINANCE AND NAP ANENIMFNT. 85-33 T0: THE CITY COUNCIL AND - DATE October 15. 1984 THE PLANNING BOARD OF BANGOR, MAINE: W. I. SX(WE) Investments Management Group 2. of569 Hammond Street. Bangor, Maine 942-3201 Atld ass City or Post Office Telephone hereby petition to amend the zonine> ordinance of the City of Banger, Maine by reclassifying from R-4ea to the R-5 a the Property outlined v red on the mapsattached hereW, whae are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) Hasson Avenue Total Area (acres or square feet) T.5 „ z 3 '- 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street 5. LEGAL DESCRIPTION CF PROPERTY Assessors Nap No. R-41 Parcel 3B b ETES and BOUNDS - (Attanh a separate sheet) 6. EXISTING USE: Vacant 7. PROPOSED USE: Residential S. NARY: AND ADDRESS OF OWNER OF RECORD: Nome _ Dennai re Tr, s - IE ey Bank) Address Bangor, ME _ 9. NAA@ AND ADDRESS OF CONTRACT OWNER (if such): Sheldon Hartstone 569 Hanmoond Street Bangor,ME 10. SIGNATURE OF OWNER OR CONTRACT OWNER: Js/ Sheldon Hart atone RETORN FOAM ANO WPLICATE TO PLANNING DNISION CITY NA[,1, p.ANOGft IMIN£ Action for a caning change will be initiated with the Bangor City Council and referred to the Bangor Planning Board. Statutes require a Public Hearing before the Planning Board, after a Public advertising (at least 10 days prior. to such public hearing), for all changes to the zoning ordinance of the City of Bangor. The re- commendation of the Planning Hoard is than returned to the Bangor City Council for' final action. - Application Fee: - Processing, Advertising, Total Zone Change $ 75.00 $ 40.00 $115.00. Contract Zane Change 75,00 200.00 * _ $275.00 * Two Ads Required 85-33 (AMENDED) CITY OF BANGOR (TITLE.) 0rbhWtCk,Amending--Zoning. Ordinance Be U ordsimd W the City Council ofdw City ofBangar, as follows: THAT the zoning boundary lines as established by the Zoning Nap of the City of Bangor dated September 23, 1974, as amended, -be hereby further amended as follows: By changing a parcel of land located on Hessen Avenue(TaxNap No. R-41, Parcel No. 3B) from Residential 4 Zone to Residential 5 Zone. Said parcel containing approximately 7.5 acres and being more parti- cularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER, THAT 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. That the density of the development will not exceed 12 dwelling units per acre. b. That the number of dwelling units in a single building will not exceed 16. C. That the use will be. limited tomulti-family residential Provided, however, that boarding houses and/or rooming houses shall not be permitted. 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 owners, a copy of said agreementbeing 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 sixty (60) days from the date of passage hereof, this Ordinance shall become null and void. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT this Ordinance amendment shall become effective upon the recordation of an executed copy of the aforementioned agreement in the Penobscot County Registry of Deeds or at such time as the same becomes effective pursuant to the provisions of the City Charter of the City of Bangor, whichever is later. FM CONTRACT ZONING AGREEMENT THIS AGREEMENT ismade as of , 198 , by and between the CITY OF BANGOR, amunicipal corporation with a place of business located at 73 Harlow Street, in Bangor, County of Penobscot, State of Maine, and SHELDON L. HARTSTONE (d/b/a Investments Management Group) (hereinafter sometimes referred to as the "Owner"), a resident of Bangor, County of Penobscot, State of Maine, WITNESSETH: WHEREAS, Sheldon L. Hartstone is the owner of record of a certain parcel of land situated in Bangor,, County of Penobscot, State of Marne, said land being located on Husson Avenue and being identified on City of Bangor Assessor's Map No. R-41, as Lot 3B (said land herein- after being referred to as the 'subject premises'). Reference may be had to a deed recorded in the Penobscot County Registry of Deeds in Volume Page for a more particular description of said land; and WHEREAS, pursuant to 30 M.R.S.A. § 4962 (2)(I) and Chapter VIII, Article 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, -called, to reclassify the subject premises, s said premises comprising a land area of approximately 7.5 acres, all as set forth in Exhibit attached hereto and incorporated herein by reference, from a Residential Four (R-4) Zone to a Residential Five (R-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 hearing on the matter, and after due consideration given to the recommendations of the Planning Board, the Bangor City Council adopted Council Ordinance 85-33 (as amended), - whereby it reclassified the subject premises from a Residential Four (R-4) Zone to a Residential Five (R-5) Zone under the Zoning Ordinance of the City of Bangor subject to certain restrictions and/or conditions, a copy of. said Council Ordinance 85-33 (as amended) 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 a Residential Four (R-4) Zone to a Residential Five (R-5) Zone under the Zoning Ordinance of the City of Bangor, the parties hereby agree as follows: 1. Sheldon L. Hartstone, for himself, his successors and assigns, hereby covenants and agrees 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. That the density of the development will not exceed 12 dwelling units per acre. b. That the number of dwelling units in a single building will not exceed 16. C. That The use will be limited to multi -family residential use. Provided, however,that boarding houses and/or rooming houses shall not be permitted. 2. The Owner hereby agrees that the above -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 or occupancy 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 be, or any person claiming under or through him, shall at any time violate or attempt to violate, r shall omit to perform or observe any one or more of the foregoing restrictions, provisions, conditions, covenants, 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 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 viola- tion 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. 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 pro- ceedings, 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 or the owner or owners of abutting parcels to object to any violation, however long continued, or to enforce any restrictions, provisions, conditions, cenants, 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 thereto. 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 be treated as an amendment to said Ordinance and shall be processed accordingly. 5. The parties hereto hereby agree that nothing in this Agree- ment shall be construed so as to preclude the future axercise of the Bangor City Council'slegislative 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 pro- visions outlined in paragraph 1, subparagraphs a., b., and c. above, subject to the restrictions, provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continue as 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 war ve any and all rights to challenge the validity of Council Ordinance85-33(as amended) or the terms of this Agreement. ]. The parties hereto hereby agree that if one of the restrictions, provisions, conditions, covenants, and agreements, or portions thereof, contained in this Agreement is for any z n held invalid or uncon- stitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such deter - nation 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, subparagraphs a., b., and c. 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 the subject premises to the current zoning classification (R-4) of the same,r such other comparable zoning classification as may bei effet 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 or an abutting land owner to the subject premises, shall be processed in accordance with the procedure established for an amendment to the Zoning Ordinance in affect at that 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. Except as expressly modified herein, the use and occupancy cpp ncy 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, the Agreement has been executed and delivered as of the day and year first above written. Sheldon L. Hartsone CITY OF BANGOR BY Witness John W. Flynn Its City Manager STATE OF MAINE Penobscot, as. 198 Then personally appeared the above-named Sheldon L. Hartstone, and acknowledged the foregoing to be his free act and deed . Before me, Printed Name: Justice of the Peace Notary Public Attorney at Law STATE OF MAINE Penobscot, as. , 198 Then personally appeared the above-named Sohn W. Flynn and acknowledged the foregoing to be his free act and deed in his said capacity as City Manager and the free act and deed of said City of Bangor. Before me, Tinted Name: Thomas A. Russe Justice of the Peace Notary Public Attorney at Law