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Home My WebLink About1984-08-27 84-309 ORDINANCE84-309 ItRroduced by Council0c BrOon, August 27, 1964 CITY OF BANGOR (TITLE.) Vbrbin=C2,........ Amending Zoning Ordinance Outer Be a ontainvi by W City Coon ff of W City ofBaagor, ae foBowe: THAT the zoning boundary lines as established by the Zoning Map Df the City of Bangor dated September 23, 1974, as amended, be hereby further amended as follows: By changing pares of parcels of land located on Outer. Broadway ( Tax Map No. R -U, Parcels 8A, 8C, and Part of 8) from Residential 1 Zone to Residential 3 Zone. Said parts of parcels containing approximately 2.63 acres and being more particularly indicated on the map attached hereto as Exhibit A 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 limitationsand/or restrictions: a. The parties hereto hereby acknowledge that the subject premises is currently improved with a wood frame two story building containingp roximately.. 1930. square feet of ground floor area. Said building may be used as single family residence or for accessory uses to the principal use buildings which may be established on the R-3 parcel of. land. located to the rear of the subject premises. b. No additional principal use .buildings shall. be erected, constructed, or placed onthe subject premises. 2. Execution by those parties with an interest In the affected property of an agreement providing for the implementationand enforce- ment of all the terms and conditions set forth above and the recording ofsaidexecuted 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 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. 90! qj ORDINANCE v TITLE,) Amendzoning Ordinance Outer yy In City Council August 27,1984 Broadway Refered to Fleming Board nyf consider next meeting oC IntmL 3 ani %ties Cy ty Clerl In City Council September 10,1989 (buMHman Paseee vote 9 Yes voting Yes Brwn,Cox,Dsvis,TOrean, Fienkel,Mc Cartby,tilley,Whseler, Willey n C ty Clerk d 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. Bangor. the center of Maine—the Gateway to Maine's North Woods and Seashore Resorts b MINN., °w..,. CITY MALL MAINE JOHN M, LORD ,e../947,11341 A....o°w.a (gag of PanBat, 46me DATE: September 5;.1984 T0: The Honorable City Council FROM: The Planning Board SUBJECT: Amending Zoning Ordinance Outer Broadway C.O. $ 84-309 Please be advised that the Planning board held a public hearing on the above contract zone change request at its regularly scheduled meeting on September 4, 1984. After careful consideration of thenature of the area, and its proposed use in theComprehensivePlan, the Boardvoted five in favor and none opposed to recommend approvgl of the above contract zone change request. Uvan M, or planning. Officer m R' "l R RI \ Q APPLICATION FOR ZONING ORDINANCE AND W AMENDMENT e4-309 TO: THE CITY COUNCIL AND 'DATE 8/16/84 THE PLANNING BOARD OF BANGOR, MAINE: 1. i (WE)_M er Meeting Developers. Inc 2. of 122 Main St., Topsham Me 04086 907-��9-4IRA Atltlress -0ity or Post Telephone hereby petition to amend the coning ordinance of the City of Bangor, Maine by reclassifying ilvm R-1 tons to the R-3 zone the property outlined in red on the maps attached hereto, w- hicTar Apart of this application, and described as follows: 3. ADDRESS OF PROPERTY (if acv) Gould Estate Broadway Total Ares (acres or square feet) 2.63 acres 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yda. East of Pine Street East side of Broadway 244 Feet North of. Hobart Street RAS SO,.b 5. LEGAL DESCRIPTION OF PROPERTY Assessors Map No. R-40 Parcels part of 8 METES and BOUNDS - (Attach a separate sheet) 6. EXISTING USE: R-1 2.63 A F. PROPOSED USE: R-3 Contract 2.63A B. NAME AND ADDRESS OF OWNER OF RECORD: Name Address 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): Merry Meeting Developers Inc. 122 Main St., Topsham, ME 10. SIGNATURE OF OWNEROR CONTRACT PLANER: a/ William M. Altenburg, dr., for W. F. Slott em CORFORM AND DUPLICATE TO PLANNING DIVISION CITY HALL eBANGOR MAINE Action for a coning change will be initiated with the Barger 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 r endetion of the Planning Beard is than returned to the Bangor City Council for final action. - Application Fee: Processing, Advertising Total Zone Change $ 75.00 $ 40.00 a $115.00 Contract Zone Change 75,00 200.00 * _ $275.00 * Two Ads Required P7f 3 i CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of , 1984, 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 MERRYMEETINC DEVELOPERS, INC. (hereinafter some- times referred to as the "Owner"), a Maine corporation with a place of business located in Topsham, County of Sagadahoc, State of Maine. WITNESSETH: WHEREAS, Merrymeeting Developers, Inc. is the owner of record of certain parcels of land situated in Bangor, County of Penobscot, State. of Maine, said land being located on Outer Broadway, so-called, and being identified on City of Bangor Assessor's Map No. R-40, as Lots 8A, 8C, and 8. 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; WHEREAS, pursuant to 30 M.R.S.A. g 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, so-called, to reclassify a certain portion of said real estate, said portion consisting of Lots 8A, SC and a portion of 8 and comprising a land area of approximately 2.63 acres, all as set forth in Exhibit A attached hereto and incorporated herein by reference (said portion of the real estate hereinafter referred to as the "subject premises'), from a Residential One (R-1) Zone to a Residential Three (R-3) Zone under the Zoning Ordinance of the City of Bangor, said application proffering certain conditions orrestrictions 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 84-309 whereby it reclassified the subject premises from a Residential One (R-1) Zane to a Residential Three (R-3) Zane under the Zoning Ordinance of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 84-309 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 One (R-1) Zone to a Residential Three (R-3) Zane order the Zoning Ordinance of the City of Bangor, the parties hereto agree as follows: 1. Merrymeeting Developers, Inc., for itself, its successors and assigns, hereby covenants and agrees that the use, occupancyand/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 fallowing restrictions and/or conditions on the physical development or operation of said property. a. The parties hereto hereby acknowledge that the subject premises is currently improved with a wood frame two story building containing approximately 1930 square feet of ground floor area. Said building may be used a Ingle family residence or for accessory uses to the principal use buildings which may be established on the R-3 parcel of land located to the rear of the subject premises. b. No additional principal use buildings shall be erected, constructed, or placed on the subject premises. C. In the event that the subject premises ceases to be used for the use set forth in (a) above, the zone classification of said premises shall be eligible for a reversion and/or change to the current zone classification (R-1), or such other comparable zoning classificiation as may be in effect at the time of the processing of said 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 effect at that time, and shall be evaluated n accordance with the criteria established for the review of zone change applications. 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, its 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 it, or any person claiming under or through it, shall at any timeviolate or attempt to violate, or 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 Ordi- nance of the City ofBangorin 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. b. The City of Bangor and/or the owner or owners of parcels of landwhich 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 pro- visions of this Agreement by injunction, legal and equit- able actions and all other lawful process for the enforce- ment 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, covenant, or agreement contained in this Agreement shall in no event be deemed a waiver of the right to do so there- after 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 farce 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 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, the contracted use outlined in Para- graph 1(a) above, subject to the restrictions, provisions,. conditions, covenants, and agreements contained in this Agreement, shall be allowed to continue as a nonconformity or 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 84-309 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 reason held invalid or uncon- stitutional 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 the parties hereto hereby further agree that in the event, any of the contracted provisions contained in Paragraphs 1(a) and (b) above is 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 landowners shall have the power to invoke the zoning classification provisions contained in Paragraph 1(c) above, 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. S. Except as 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 appli- cable amendments thereto or replacement thereof. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. MERRYMEETING DEVELOPERS, INC. BY: ... witness am Slattery Its President CITY OF BANGOR BY:. .. . on P)mn Its City Manager STATE OF MAINE Penobscot, as. , 1984. Then personally appeared the above-named William F. Slattery, n his capacity as President of Merrymeeting Developers, Inc., and acknowledged the foregoing to be his free act and deed in his said capacity and the free act and deed of said corporation. Before me, nce ame: Justice of the Peace Notary Public Attorney at Law STATE OF MAINE Penobscot, as. , 1984. Then personally appeared the above-named John 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, rinte ame: Justice of the Peace Notary Public Attorney at Law