HomeMy WebLinkAbout1983-05-09 83-187 ORDINANCE83-197
Introduced by Councilor Soucy, May 9, 1983
M CITY OF BANGOR
(TITLE.) Orbilt2RTC2 Amending Zoning. Ordinance
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Be it ordaiwd by W City Coyw.it of me Of ofBaayor, ae (Dooms:
THAT the zoning boundary lines as established by the Zoning Map of
the City of Bangor dazed September 23, 1974, as amended, be hereby
further amended as follows:
By changing parts of parcels oflandlocated at 119 SomersetStreet
(Tax Map No. 48, part .of Parcel Nos. 250, 240and241A) from Civic
and Institutional Zone and Residential 4 Zone to Residential 5 Zone.
Said parts of parcels containing approximately 49,720 sq. ft. and
being more particularly indicated on the map attached hereto and
made a part hereof.'
The applicant has made application for a contract zone
change under
the provisions contained in Article 21, Section 11 of the City of
Bangor Zoning Ordinance. The applicant proposes the following
conditions:
1) The proposed use of the property shall be limited to
housing for the. elderly.
2) In the event that the subject premises ceases to be used
for housing for the elderly, the zone classification
of said premises shall be eligible for a reversion or
change to the zone
u
classification of the premises currently
C a I and R-4. Said reversion and/or change may be initiated
by a representative of the City of Bangor or an abutting land
caner to the subject premises and shall proceed 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 review of zone
change applications.
St. Xavier's Nome batch y covenants and agrees that it, its
successors or assigns shall not object to or oppose any
reversion and/or change.
83-187
In City Council My 9,1983 ORDINANCE
g�Neiend t9 pluming Sea v6 7 Ana ding ZcS&r4 Ordinance 119
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83-187
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 83-187
TO: M CITY COUNCIL AND DATE ADril 29. 1983
THE PLANNING BOARD OF BANGOR, MAINE:
1. I (WE) Ravmond P. Bertrand, S.J.. President of St. Xavier's Crew
2. of 207 York Street, Box 894, Ban or Mane 04401 2-6941
SdMess Crt�T3e 'Fe3ephone
hereby petition to emend the Zoning ordinanceof. the City of Bangor, Maine by
reclassifying from CSI d R-4 zone zone to the R-5 zone the
property outlined n reds on tt:e maps sttached hereto,�ch —are pert of this
application, and described as follows:
3. ADDRESS OF PROPERTY (if envy) 119 Somerset Street Ban or Maine
Total Area (acres or square set 49. 7
20 a ft.
4. PROPERTY VOCATION (General Description): Eremple - South aide of State Street
400 yda. Seat of line Street
South side Somerset Street 250 feet east of Grove Street
Part of
5. LEGAL DESCRIPTION OF PROPERTY Assessors Map No. 48 Pareek 250. 240
"'
h@TES and BOUNDS - (Attach fl separate sheet) and 241A
6. EXISTING USE: Vacant
7. PROPOSED USE:
- Lodt inches - husizza for elderly
8. NAME AND ADDRESS OF OWNER OF RECORD: Nage Roman Catholic Bishop of Portland
Address -510 Ocean Ave..' Portland, Me. 04103
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): St. Xavier's Home
207 York Street, Boz 894
Bangor. Mine 0440L
St. Nectar's Home
30. SIGNATURE OF OWNER OR CONTRACT OWNER: BV
RETURN FORM AND DUPLICATE TO PLANNING DIVISION, CITY HALL, CARBON, MAINE
Action for a zoning 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-
omaendation of the Planning Board is then returned to the Bangor City Council for
final action.
Application Fee: Processing Advertising Total
Zone Change $ 70.00 $ 40.00 = $110.00.
Contract Zone Change 70.00 200.00 * _ $270.00
*
We Ads Required _
SBE ATTACHED
83-187
(AMENDED)
CITY OF BANGOR
MILE.) WrDIIi=Cty, Amending Zoning Ord,n e
Be a otdairud by Be CRY Coawii of CUP eftm;n wfo &:
THAT the zoning boundary 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 parts of parcels of land located at 119 Somerset Street
(Tax Map No. 48, part of Parcel Nos. 250, 240 and 241A) from Civic
and Institutional Zone and Residential 4 Zone to Residential 5 Zone.
Said parts of parcels containing approximately 49,720 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 subject to
the following conditions:
1. The use of the property shall be limited to housing for
the elderly.
2. In the event that the subject premises ceases to be used
for housing for the elderly, the zone classification of
said premises shall be eligible for a reversion and/or
,change to the current zone classifications (C 8 I and R-4),
or such other comparable zoning classifications asmay 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 abutting land-
owner to the subject premises, shall be processed in accordance
with the procedure established for anamendment to the Zoning
Ordinance in effect at that time,and shall be evaluated in
accordance with the criteria estblished for the review of zone
change applications.
3. Execution by those parties withan interest in the affected
property of an agreement providing for the implementation and
enforcement 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 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 ft=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.
m
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C81 8 R-/ To R -S
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CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of , 1983, b:
and between the CITY OF BANGOR, a municipal corporation with a
place of business located in Bangor, County of Penobscot, State
of Maine, and THE ROMAN CATHOLIC BISHOP OF PORTLAND (hereinafter
sometimes referred to as the "Owner"), a body politic and corpor-
ation sole, created and existing under the laws of the State of
Maine and having its chancery in Portland, County of Cumberland,
State of Maine.
WITNESSETH:
WHEREAS, the Roman Catholic Bishop of Portland is the owner
of record of certain parcels of land situated in Bangor, County
of Penobscot, State of Maine, said land being located at or about
119 Somerset Street and being identified on City of Bangor
Assessor's Map No. 48 as Parcels 240, 241A, and 250. Reference
may be had to deeds recorded in the Penobscot County Registry
of Deeds in Volume 780, Page 262; Volume 902, Page 282; and
Volume 872, Page 70, respectively, for a more particular des-
cription of said parcels of 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 so-called, to reclassify certain portions
of said parcels comprising an area of approximately 49,720 square
feet, all as set forth in Exhibit A attached hereto and incorpora-
ted herein by reference (said land hereinafter referred to as the
subject premises"), from a Civic and Institutional (C 8 I) Zone
and a Residential Four (R-4) Zone to a Residential 5 (R-5) Zone
under the Zoning Ordinance to allow for the utilization of an
existing building located on the subject premises as housing for
the elderly, said application proffering certain conditions or
restrictions relating to the physical development and/or operation
of the subject premises; and
WHEREAS, subsequent to public hearings on the matter and
after due consideration given to the recommendations of the Plann-
ing Board, the Bangor City Council adopted Council Ordinance 83-
187 (as amended) whereby it reclassified the subject premises
from a C d I Zone and an R-4 Zone to an 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 83-187 (as
amended) and the restrictions and/or conditions contained therein
being attached hereto as Exhibit B and incorporated hereby by
NOW, THEREFORE, in consideration of the reclassification of
subject premises from a C S I Zone and an R-4 Zone to an R-5
under the Zoning Ordinance of the City of Bangor, the parties
to agree as follows:
1. The Roman Catholic Bishop of Portland, for itself, its
assets and assigns, hereby covenants and agrees that the use,
pancy and/or development of the subject premises, in addition
cher applicable laws, ordinances, or regulations of the City
angor, shall be subject to the following restrictions and/or
ltions on the physical development or operation of said
arty:
a. The use of the property shall be limited to housing
for the elderly.
b. In the event that the subject premises ceases to
be used for housing for the elderly, the zone
classification of said premises shall be eligible
for a reversion and/or change to the current zone
classifications (C 6 I and R-4), or such other
comparable zoning classifications 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, 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
applications.
2. The Owner hereby agrees 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 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 enforce-
able 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 time violate or
attempt to violate, or shall Omit to perform or observe any o
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 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 Bnagor 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 terns and provisions of this Agree-
ment by injunction, legal and equitable actions and
all other lawful process for the enforcement of the
same.
he Ower further agrees that the failure If the City of Bangor or
he ower or owners of abutting parcels to object to any viola -
:ion, however long continued, or to enforce any restriction,
Provisions, conditions, covenant, or agreement.contained in this
,greement shall in no event be deemed a waiver of the right to
b so thereafter as to the same breach or violation or as to any
Preach or violation occurring prior or subsequent thereto.
4. The City of Bangor and the Owner herebyagreethat the
Provisions of this Agreement shall remain in full foice and-
ffect until such time as the same may be modified, amended, re-
ealed, and/or replaced upon their written agreement. It is
xpressly understood by the parties hereto that any such change
hall be in accordance with the laws of the State of Maine and
he Zoning Ordinance of the City of Bangor, shall be treated as an
mendment 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 Paragraph 1 above (i.e. housing for the elderly)
subject to the restrictions, provisions, conditions, covenants,
and agreements contained in this Agreement, shall beallowedto
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 anyand all rights to challenge
the validity of Council Ordinance 83-187 (as amended) or the
terms of this Agreement.
7. 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 i
Paragraph 1 above is invalidated or such other provision is in-
validated so as 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 l(b) above, it being the
intent of the parties hereto that the Owners 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.
IN WITNESS WHEREOF, this Agreement has been executed and
delivered as of the day and year first above written.
THE ROMAN CATHOLIC- BISHOP. OF PORTLAND
BY
iieness ward 0 Leary
The Roman Catholic Bishop of
Portland
CITY OF BANGOR - -
_ BY
Jo nW. Flynn
Its City Manager
STATE OF MAINE
)oscor, as. , 1983.
Then personally appeared the above-named Edward E. O'Leary
acknowledged the foregoing to be his free act and deed in his
capacity as The Roman Catholic Bishop of Portland, and the
act and deed of said body politic and corporation sole.
Before me,
Attorney at Law
-STATE OF MAINE -
Penobscot, as. 1983
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,
Attorney at Law
N d,I9IIIX3
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DATE:
b
17, 1983
t
The
Honorable City Council
FROM:
The
Planning Board
S
Amending Zoning Ordinance
119
Somerset Street.
.�
8 83-187
CITY HAI.L
mww
BANGOR. MAINE
,
XMINWLGIRD
w_.,..o,,,...
19dg
of ��gain.
g
DATE:
May
17, 1983
TO:
The
Honorable City Council
FROM:
The
Planning Board
SUBJECT:
Amending Zoning Ordinance
119
Somerset Street.
C.O.
8 83-187
Please be advised that the Planning Board held a public
hearing on the above contract zone change request at its
regularly scheduled meeting on May 16, 1983.
After careful consideration of thenature of the a
and its .proposed use in the Comprehensive Plan, the Board voted
five in favor and none opposed to recommend approval of the
above contract zone change request.