HomeMy WebLinkAbout1982-11-08 83-16 ORDINANCEIntroduced by Councilor Brawn, November B, 1983
CITY OF BANGOR
(TITLE.) Mrbi 72T17PPo. . ....... demanding
Be ft ordairud M1v W City Couwnt o(W Civ ofBanpor. as lhgome:
THAT the coning bmmdary lines as established by the Zoning Map of the City of
Bangor dated September 23, 1974, as amended, be hereby further emended as
follws:
By changing a parcel of land located at 715 portend Street (Tax Map No. 6, Parcel
No. 87) from Residential 1 Zone to Residential 5 Zone. Said parcel containing
Approximately 9,000 sq. ft. and being more particularly indicated w the map
attached heretoand rade a pert hereof.
The applicant bee made application fora contract core change under the provisions
contained in Article 21,Section 11 of the City of Bangor. Zoning Ordinance. The
applicant proposes the following conditions:
1) That the primary use of the property be restricted to a single family
residential use.
2) That the secondary or ineidental Lee be restricted to a profeseiorel office.
3) That the a a professional off lee be limited to the existing office
space c use
of Approximately 900 square feet.
4) That the use as a professional office be further limited to only one
professional, i.e. doctor, dentist, lawyer -
5) That the owners
agree not. to expand the office apace but that they are
not limited in expansion of the residential space other than by existing
ordinances or restrictions.
6) That as long as the building is used as a professional office the caner
will continue to provide at least three off-street parking spaces as are
now provided.
83 -Ib
In city Coun ember 8,1982 ORDINANCE
Refered to PF board
Ronmsiftuc Sovda WataAdTI ,) Amending Zoning ordinance
Hamman At
C ty cler ?'
.!
in City Council NOVem6 22,1982 tnLroLttroj pM file! 6y
Cwsider next regular seating
Jordan Abstained r-gY4A� 2 ni`
l/^e � �Ur (✓AdL1
3 )L
c ty c1e
In City Council December 13,1902
Vote for amendment Passed Vote
I Yea 1 No 1 Abstained
Voting yes gromn,Cox, Davis, Frankel,
Soucy,Weyswuth,Willey, Voting NO Cass
Abstained Jordan
t:t
Vote for Passage 1 Yeal NO I Abstained
Voting Yea Protan, noes Davis, Frankel, Soucy,
Weynroutb,Willey Vot¢ng No Data Abstained Jordan
Passed as amended bF Substitution
Bangor, the center of Maine—the Gateway to Maine's North Woody and Seashore Remfn
DATE: December ], 1982
T0: The Honorable City Council
FROM: The Planning Board
SUBJECT: Zone Change - Mark Eggleton and Janet A. Berkel
715 Hammond Street
Council Ordinance Co. 83-16
Please be advised that the Planning Board at its regular
meeting of December 6, 1982 held a continuation of. the .public
hearing on the above zone change request.
After considerable discussion of the natureof applicants S,
proposal and the content of the proposed conditions to beattached
to the contract executed as a condition to the zoning, the Board
voted four in favor and one opposed Co recommend the zone change
to the City Council subject to the revisedset of conditionsproposed
by the applicants.
The proposed amendment to C.O. d 83,-16,containing the revised
conditions agreed upon by the Planning Board and the applicant,is
attached to this letter.
v✓' 't u..
Jo to S . Lord
Planning Officer
RODNEY A. McKAY
CITY HALL
CINNWI
BANGOR, MAINE G140A
JOHN M, LORD
TEL. ,o,ta,m.,
eawre.,
IN
of Pansat,
Maims
DEPARTMENT M PLANNIWA.11
COMMUNITY
DEVELOPMENT
DATE: December ], 1982
T0: The Honorable City Council
FROM: The Planning Board
SUBJECT: Zone Change - Mark Eggleton and Janet A. Berkel
715 Hammond Street
Council Ordinance Co. 83-16
Please be advised that the Planning Board at its regular
meeting of December 6, 1982 held a continuation of. the .public
hearing on the above zone change request.
After considerable discussion of the natureof applicants S,
proposal and the content of the proposed conditions to beattached
to the contract executed as a condition to the zoning, the Board
voted four in favor and one opposed Co recommend the zone change
to the City Council subject to the revisedset of conditionsproposed
by the applicants.
The proposed amendment to C.O. d 83,-16,containing the revised
conditions agreed upon by the Planning Board and the applicant,is
attached to this letter.
v✓' 't u..
Jo to S . Lord
Planning Officer
83-16
(AMENDED)
_.; CITY OF BANGOR
(TITLE,) f®xbiltaltx¢a .Amapa€ag zaalev O>:.. Ase....... _.
715 Hammond Street
Be az ordaiud by W Cit Coun ad of as Cay ofB Boor, as fdlowe:
THAT the zoning boundary linea as established. by The Zoning Map
of the City of Bangor dated September 23,_19]4,. as amended,be
hereby further amended as follows:
By changing a parcel of land located at 715. Hammond Street(TaxMap
No. 6, Parcel No. 8]) from Residential 1 Zone to Residential 5 Zone.
Said parcel containing approximately 9,000 sq. ft.. and being more
particularly indicated on the map attached hereto and made a part
hereof.
PROVIDED, HOWEVER THAT said change of zone is granted sutijectto the
following conditions:
1. The use
and/or operation of the subject . remises shall. be
subject to thefollowinlimitations and/or restrictions:
a. The residential character of the property shall be
retained and that portion of the property not utilized
for a dental office shall be limited to a single family
use in which the dental professional shallreside.
b. There shall be no expansion of the officespace beyond
the existing 900 square feet currently devoted to that use.
c. The total number of employees, including the dental
professional, on the premises shall not exceed four at
any one time.
d. The non-residential
esidential portion of the subject premises
shall be used only for a dental office.
e. In the event that the subject premises ceases to be used
as a dental office, the zoning classification of said
premises shall be eligible fora reversion and/or change
to a Residential 1 Zone, or such other comparable zoning
classification 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 landowner to the subject
premises, shallbe processed in accordance with the
procedure established for an amendment to. the Zoning
Ordinance in effect at that time, and shall be evaluated
in accordance with the criteria established for the review
of zone change applications.
2. Execution by those parties with an interest in theaffected
property of an agreement providing for the implementation and enforce-
ment of all the termsand conditions set forth above, and the recording
f said executed agreement in the Penobscot County Registry of Deeds
by the property .owner, 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 torso executed and r corded within
sixty (60) days from the date of passage. hereof, this eOrdinance 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 matter of the City of Bangor,
whichever is later.
83-16
_ V
bA.
R 1
R1
HAMMOND 5T
Application Fee - $35.00 Application Processing Fee - $70:00 Total = $105.(
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT ICONTRACT ZONING) &3 -
TO: THE CITY COUNCIL AND DATE October 33, 1982
THE PLANNING BOARD OF BANGOR, MAINE:
1. k (WE)
2. of 715 Hammond StreetBan o Maine 947-6003
Address, City or ost ORrce Telephone
hereby petition to Grand the zoning ordinance of the City of Bangor, Maine by
reclassifying from R-1 zone to the R-5 rune the
property outlined an re�Tps attached bereto, which are part of this
application, and described as follows:
3. ADDRESS OF PROPERTY (if any) 715 Hammond St.
Total Area (acres or square feet p�o.n.m e,y ennn =q
4. PROPERTY LOCATION (General Description): Example - South nide of State Street
400 yds, East of Pine Street
Northeasterly coiner of Hammond and 14th Streets
5. LEGAL DESCRIPTION OF PROPERTY Assessors Map No. 6 Parcel 87
METES and BOUNDS - (Attach a separate sheet)
6. EXISTING USE: Residential with home occupation
7, PROPOSED
S.
NAME AND ADDRESS OF OWNER OF RECORD:
Name Mark Eggleton and Janet Berkel
Address. 715
Hammend St., Bangor, MZ
9.
NAME AND ADDRESS OF CONTRACT OWNER (if
such): same
"/ter
30.
SIGNATURE OF OMJ1R OR CONTRACT OWNER:,,'
RETURN
POW AND DUPLICATE TO PLANNING DIVISION,
CITT HALL,
BANGOR, IMINE
Action for a zoning change will be initiated with the Bauder City Council and
referred to the Bangor Planning Board.- Statutes require a Public Bearing before the
Planning Board, after a public advertising (at least 10 days prior to such public
hearts), for all changes to the zoning ordinance of the City of Bereor. She re-
commendation of the Planning Board is then returned to the Banger City Council for
final action.
Pursuant to Ch. VIII, Art.21, Sec.1I of the ordinances
of the City of Bangor the applicants propose to impose the
following conditions or restrictions on the use of the prop,
erty, to be rezoned:
1. That the primary use of the property be restricted
to a single family residential use.
2. That the secondary or incidential use be restricted
to a professional office,
3. That the use as a professional office be limited to
the existing office space consisting of approximately
900 square feet,
9. That the use as a professional office be further lim-
ited-to only one professional, i.e. doctor, dentist,
lawyer,
5. That the owners agree not to expand the office space
but that they are not limited in expansion of the re-
sidential
-
sidential space other than by existing ordinances or
restrictions,
6. That as Long as the building is used as a professional
Office the owner wilR continue to provide at least three
Off-street parking spaces as are now provided,
Bangor, the center of Maine—the a temny to Maims North Woods and Seashore Resorts
DATE:
November 16, 1982
TO:
The Honorable City Council
FROM:
The Planning Board
SUBJECT
Amending Zoning Ordinance
Hammond Street
Council Ordinance 83-16
RODNEY G, msanr
CITY HALL
oo0. MAINE MAI
,E..>a, )"74041
JOHN A LORD
C4
d Pang".
dame
DATE:
November 16, 1982
TO:
The Honorable City Council
FROM:
The Planning Board
SUBJECT
Amending Zoning Ordinance
Hammond Street
Council Ordinance 83-16
Please be advisedthat the Planning Board held a public hearing
on the above request zoning amendment at its .regular meeting of
November 15, 1982. At the request o€ -thep licant to be allowed
additional time to revise the conditions of the proposed contract,
the Board continued the hearing on this request to its next regular
meeting of December 6, 1982.
o n Lor
Planning Office
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of ygg2
by and between the CITY OF BANGOR, a municipal corporation with
a place of business located in Bangor, County of Penobscot, State
of Maine, MARK E. EGGLETON and JANET A. BERKEL (hereinafter some- j
times referred to as the "Owners"), residents of Bangor, County
of Penobscot, State of Maine, and HERITAGE BANK (formerly Penob-
scot Savings Bank), a Maine corporation with a place of business
in Bangor, County of Penobscot, State of Maine.
WITNESSETH:
II WHEREAS, Mark E. Eggleton and Janet A. Berkel are the
owners of record of a certain parcel of land situated in Bangor,
County of Penobscot, State of Maine, said land being located at
or about 715 Hammond Street and identified on Exhibit A attached
hereto and incorporated herein by reference (said land hereinafter'
'[referred to as the "subject premises"). Reference may be had to
'la Warranty Deed of William A. Kuhr and Jennie L. Kuhr to Mark E.
Il Eggleton and Janet A. Berkel dated November 2, 1978, recorded in
'I the Penobscot County Registry of Deeds in Volume 2932, Page 347
i, for a more particular description of the subject premises; and
iWHEREAS, Heritage Bank (formerly Penobscot Savings Bank) is
ithe owner and holder of a certain mortgage which constitutes a
",lien against the subject premises by virtue of a mortgage deed
,dated November 22, 1978, recorded in the Penobscot County Registry
of Deeds in Volume 2932, Page 349, to which reference may be had
for a statement of the terms and conditions of said mortage and
,a description of the mortgaged premises, said instrument being
i.incorporated herein by reference with the same effect as if fully
,.last forth herein; and
11 WHEREAS, pursuant to 30 M.R.S.A. § 4962 (1)(I) and Chapter
'VIII, Article 2, Sec. 8 and Article 21, Sec. 11 of the Laws and
Ordinances of the City of Bangor, Mark E. Eggleton and Janet A.
Berkel made application for a contract zone change, so-called, to
reclassify the subject premises from a Residential Due (R-1) Zone
-� to a Residential Five (R-5) Zone under the Zoning Ordinance to
hallow for the utilization of said premises as a dental office,
said application proffering certain conditions or restrictions
relating to the physical development and/or operation of the
subject premises; and
WHEREAS, subsequent to
q public hearings on the matter and
Rafter due consideration given to the recommendations of the
,ter
Board, the Bangor City Council adopted Council Ordinance
ii83-16 (as amended) whereby it reclassified the subject premises
. from a Residential�One (R -ll 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 83-16 (as amended) and the restrictions and/or condi-
tions contained therein being attached hereto as Exhibit B and
incorporation herein by reference.
[, _
NOW, THEREFORE, in consideration of the reclassification of
the subject premises from a Residential One (R-1) Zone to a
Residential Five (R-5) Zone under the Zoning Ordinance of the
City of Bangor,the parties hereto hereby agree as follows:
1. Mark E. Eggleton and Janet A. Boreal, for themselves,
their heirs, personal representatives, successors and/or assigns,
I hereby covenant and agree that the use, occupancy and/or develop-
ment 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 residential character of the property shall be
retained and that portion of the property not
utilized for a dental office shall be limited to a
single family use in which the dental professional
shall reside.
b. There shall be no expansion of the office space
beyond the existing 900 square feet currently
devoted to that use.
C. 'the total number of employees, including the
dental professional, on the premises shall not
exceed four at any one time.
d. The n n -residential portion of the subject premises
shall be used only for a dental office.
e. In the event that the subject premises ceases to
be used as a dental office, the zoning classifica-
tion of said premises shall be eligible for a
version and/or change to a Residential 1 Zone,
or such other comparable zoning classification as i
may be in effect at the time of the processing of
said reversion and/or change. Said reversion and/
or changemay be initiated by a representative of
the City of Bangor or an abutting landowner to the
subjectpremises, 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 in accordance with the criteria
established for the review of zone change applica-
tions.
2. The Owners hereby agree that the above -stated restric-
tions, provisions, conditions, covenants, and agreements are made
n essential part of this Agreement, shall run with the subject
premises, shall bind the owners, their heirs, personal representa-
tives, successors, and assigns, to or of said proper[ or
part thereof or any interest therein, and any party in possession i
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 Owners hereby agree that if they, or any person
claiming under or through them, shall at any time violate 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
f to Ij prosecute violations of this Agreement
in thesamenner that it is authorized
to prosecute
emia lotions under the Zoning
Ordinance of the City of Bangor i 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
II 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
it premises shall have the right to institute any
:I and all actions or proceedings, including the
right to enforce all the terms and pro -
'ons of this Agreement by injunction,
!t legal and equitable actions and all other
lawful process for the enforcement of the
same.
The owners further agree that the failure of the City of Bangor or•
the owner or owners of abutting parcels to object to any on,
tion, however long conditions,
coven or to enforce any restriction,
pro conditions, covenant, or agreement contained in this
(Agreement shall in O event be deemed a waiver of the right to
I do so thereafter
violas as to the same breach or violation or as to any
breach or violation occurring prior or subsequent thereto.
L. The City of Bangor and the Owners hereby agree that the
provisions of this Agreement shall remain in full force and
11 pealed until such time as the same may be modified, agreement. ended, re-
pealed, and/Or replaced upon their written sucha It is
expressly understood by the parties hereto that such a change on
the part f the City of Bangor shall be in accordanceOrdinance
o with the
llaws 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
�J Agreement shall be construed so as to preclude the future exercise,
of the Bangor City Council's legislative authority relative to they
Izoning of the subject premises. In the event that the zoning of
said premises ischanged by the City Council, the contracted
use outlined in Paragraph,l above (i.e. dental office) subject to
•j the restrictions, provisions, conditions, covenants, and agree-
iIments contained in this Agreement, shall be allowed to continue
a 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 83-16 (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
reason held invalid 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 the parties hereto hereby further
agree that in the event the contracted use provision contained in
Paragraph 1 above is invalidated or such other provision is in-
validated
-validated s s to constitute a material change in the restric-
tions, provisions, conditions, covenants, and agreements negotia-
ted by and between the parties, the City of Bangor or abutting
landowners shall have the power to invoke the zoning classifica-
tion provisions contained in Paragraph 1(e) 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 landowners are deprived
of the conditions negotiated to minimize the negative exter-
nalties of the requested rezoning. -
8. Heritage Bank hereby assents to the execution of this
Agreement by the Owners and the imposition of the aforementioned
restrictions and/or conditions on the physical development or
operation of the mortgaged premises:. Furthermore, said Heritage
Bank hereby covenants and agrees that any subsequent possession,
lease, sale, conveyance, or similar act by it with respect to the
subject premises shall be subject to this Agreement for so .long
as the same remains in full force and effect.- I
IN WITNESS WHEREOF, this Agreement has been executed and
delivered as of the day and year first,above written.
i
witness
i
Ti tress
11
MART E.
EGGLETON
-JANET A.
BRUCE -
CITY OF
BANGOR
BY
ItsCity
Manager
HERITAGE
BANK
BY
Its
STATE OF MAINE
Penobscot, as.
1982.
Then personally appeared the above-named Mark E. Eggleton
and Janet A. Berkel and acknowledged the foregoing to be their
free act and deed.
Before me,'
Justice of tR a Peace
Notary Public
Attorney at Law
STATE OF MAINE
Penobscot, as. 1982.
i
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,
.Justice of to-Feace
Notary Public
Attorney at Law
STATE OF MAINE
Penobscot, as. 1982.
Then personally appeared the above-named
and acknowledged the foregoing to be his free
act and deed in his said capacity as
and the free act and deed of said Heritage Bank.
Before me,
Justice oftn eff ace
Notary Public
Attorney at Law
Exhibit A