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