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HomeMy WebLinkAbout1983-05-09 83-187 ORDINANCE83-197 Introduced by Councilor Soucy, May 9, 1983 M CITY OF BANGOR (TITLE.) Orbilt2RTC2 Amending Zoning. Ordinance .... . _.... ...... 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 I GmaiBe ng f meefiog l TITLE,) k Somerset at. City Cl k In City tom y it Ma 23,1983 Inzraucei ad faw IV Passed by substitution lAbsen ane Voting Vote yes Byes 1Abamf Voting Yes gtOan,Cag DavisFranknIVYtLNV! WilleylAbsentSoidary Seary, Gilley Absent NeymxlfE _ City Cle 0 F Ib W SOMERSET ST ST m ' G+t Ll 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 F C81 8 R-/ To R -S Q 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 tm s -v � - r•o r a -- �^ m i m 1 _ Y 1 - �^ 19 13983NOS 3 i q y Bangor. the center of Matne—the Gateway to Mainsi North Woods and Seashore Resorts 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.