HomeMy WebLinkAbout1983-05-09 83-188 ORDINANCEB3 -18B
Introduced by Coanclloz sooty, May 9, 1983
4 ;p CITY OF BANGOR
(TITLE.) MrbilUR CP Amending Zoning Ordinance
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........ ........Z.44_S.tillwater Avenue ___ .........
Be it ordairwd by e/w City County of Ow City of Rouses, as A4Lmm:
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 a part of a parcel of land located at 744 Stillwater
Avenue (Tax Map R-61, Part of Parcel 4A) from Agricultural Zone
to Commercial 2 Zone. Said parcel containing approximately
20,000 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 condition:
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1) To open a tack sAop for retail sale and repair of horse
equipment and supplies.
83-186
In City council41W 9.1983
ORDINANCE
related. to_plamin 4ard. consider
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N}rtwz;ting
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(TITIE.) Amending Zor3ng ordinance 744
Stillwater Ave.
C 'Clerk
In City council Nay 2301903
Zntrrdwad and filed by
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Amended by substitution and
Passed Vote 8 yes LIDsent
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voting yes Brown,Cpr Davis,
Frankel,Gass,]ordag5oucy,
Carcilmmt
Willey Absent Waymoubb
Amended Copy Attached
City Cler Hsi
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83-180
., 93-188
TO: THE CITY COUNCIL AND DATE April 22, 1983
THE PLANNING BOARD OF BANGOR, MAINE:
1. '1 (WE) Lucille A. DeBeck
2. of RFD ! 3, Boz 648, Bangor, Maine 04401 848-
. A ass City or Post P ce a ephone
hereby petition to amend the zoning ordinance of the City of Bangor, Maine by
reclassifying from A core to the C-2 cone the
property outlinedn rem maps attached ere to, were part of this
application, and described as follows:
3. ADDRESS OF PROPERTY (if apy) 744 Stillwater Avenue
Total Area (acres or squarefeet) 20, 00 no. ft.f
4. PROPERTY LOCATION (General Deecription): Example - South side of State Street
400 yds. East of Pine Street
West aide of Stillwater Ave.,. 1330 it. (north of Gilman Brad
Part of
5. LEGAL DESCRIPTION OF PROPERTY Assessors Map No. R-61 Parcel 4A
METES and DOUNDS - (Attach a separate sheet)
6. MSTING USE: unoccupied and unfinished proposed residence
9, PROPOSED IRE: retail horse supply store (tack shoo)
8. NAME AND ADDRESS OF OWNER OF RECORD: l Nese Roger L. Averill
Address 750 Stillwater Ave., Bangor
9. WAH AND ADDRESS OF CONTRACT OWNER (if such): Lucille A. DeBeck
(lease with option to buy) RFD $ 3, Boz 64B, Bangor
10. SIGNATURE OF OWNER OR CONTRACT OWNER: /a/ .Lucille A. DeBeck
RETURN FORM AND DUPLICATE TO PLANNING DMSION, CITY CALL, BURGER 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-
commendation 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 • m $270.00
a Two Ads Required
83-188
(AMENDED)
CITY OF BANGOR
(TITIE,) tmT11[k[2CICCEy_ Amending.Zoning 0 dinance_
Bs a otda by the City Css"aU of the City oflktu o ,, as foHowa:
THAT the-zoning3oundary lines as established by the Zoning Map of
tke City of Bangor dated September 23, 1974., as amended, be hereby
further amended as follows:
By changing a part of a parcel of land located at 744 Stillwater
Avenue (Tax Map R-61, Part of Parcel 4A) from Agricultural Zone
to Coamercial_2 .Zone. Said parcel containing approximately 20,000
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 subject to
the following conditions:
1. The use and/or operation of the subject premises shall be
subject to the following limitation and/or restriction:
a. The use of the property shall be limited to that of
a tack shop far the retail sale and/or repair of horse
equipment and supplies.
2. Execution by those parties with an interest in the affected
property of an agreement providing for the implementation. and enforce -
enc 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 fromthe date of passage hereof, this Ordinance shall become
null and void.
BE IT FORMER 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.
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CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of , 1983, by
and between the CITY OF BANGOR, a municipal corporation with a
place of business located in Bangor, County of Penobscot, State
of. Maine, ROGER L. AVERILL and IRENE L. AVERILL (hereinafter
referred to as the "Owners"), residents of Bangor, County of
Penobscot, State of Maine, and GORDON A. DEBECK and LUCILLE A.
DEBECK (hereinafter sometimes referred to as the "Lessees")',
residents of Hermon, County of Penobscot, State of Maine
WITNESSETH:
WHEREAS, Roger L. Averill and Irene L. Averill 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 744 Stillwater Avenue and being identified on City of
Bangor Assessor's Map No. R-61 as Parcel 4A. Reference may be
Thad to deeds recorded in the Penobscot County Registry of Deeds
in Volume 1404, Page 109; Volume 2655, Page 325; and Volume 2678,
'Page 142 for a more particular description of said parcel of
land; and
WHEREAS, Gordon A. DeBeck and Lucille A,DeBeck have an
interest in said parcel by virtue of a Memorandum of Lease dated
December 31, 1981 and recorded in the Penobscot County Registry
of Deeds in Volume 3252, Page 216; and
WHEREAS, pursuant to 30 M.R.S.A. § 4962(2)(I) and Chapter
VII1, 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 parcel comprising an area of approximately 20,000 square
feet, all as set forth in Exhibit A attached hereto and incor-
porated herein by reference (said land hereinafter referred to
as the "subject premises"), from an Agricultural Zone to a
Commercial Two (C-2) Zone under the Zoning Ordinance to allow for
the utilization of the subject premises as a tack shop for the
retail sale and/or repair of horse supplies and equipment, said
application proferring certain conditions or restrictions relating
to the physical development and/or operation of the subject pre-
mises: and
WHEREAS, subsequent to public hearings on the matter and
after due consideration given to the recommendations of the
Planning Board, the Bangor City Council adopted Council Ordinance
83-188 (as amended) whereby it reclassified the subject premises
from an Agricultural Zone to a Commercial Two (C-2) Zoneunderthe Zoning Ordinance of the City of Bangor subject to certain
restrictionsand/or conditions, a copy of said Council Ordinance
83-188 (as amended) and the restrictions and/or conditions
contained therein being attached hereto as Exhibit B and incor-
porated hereby by reference.
NOW, THEREFORE, in consideration of the reclassification of
the subject premises from an Agricultural' Zone to a Commercial
Two (C-2) Zone under the Zoning Ordinance of the City of Bangor,
the parties hereto agree as follows:
1. Roger L. Averill, Irene L. Averill, Gordon A. DeBeck,
and Lucille A. DeBeck, for themselves, their heirs, personal
representatives, successors and/or assigns; hereby covenant and
agree that the use, occupancy and/or development of the subject
premises, inaddition 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 develop-
ment or operation of said property:
a. The use of the subject premises shall be limited
to that of a tack shop for the retail sale and/or
repair of horse equipment and supplies.
2. The Owners and Lessees hereby agree 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 owners and lessees,
their heirs, personal representatives, successors, and assigns,
to or of said property or any part thereof or any interest
therein, and any party in possessionoroccupancy of said pro-
perty 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 and Lessees hereby agree that if they, or
any person claiming underbr through them,-shal�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
a. TheCityof Bangor shall have the right
to prosecute violations of this Agreement
in the same manner that it is authorized
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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 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 proceedings, including the
right to enforce all the terms and pro -
ions of this Agreement by injunction,
legal and equitable actions and all other
lawful process for the enforcement of the
same.
The Owners and Lessees further agree 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
restriction, provisions, conditions, covenants, or agreement
contained in this Agreement shall in no event be deemed a
waiver of the right to do so thereafter as to the se breach
or violation or as to any breach or violation oc ring prior
or subsequent thereto.
4. The City of Bangor, the Owners, and the Lessees, 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
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 promises is changed by the City Council, the
contracted use outlined in Paragraph 1 above subject to the
restrictions, provisions,. conditions, covenants, and agreements
.contained is 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,
theirsuccessorsand assigns, to waive any and all rights to
challenge the validity of Council Ordinance 82-189 (as amended)
or the terms of this Agreement.
]. The parties beveto 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 so as to constitute a material change in the restric-
tions, provisions, conditions, covenants, and agreements negotia-
ted by and betweenthe parties, - Council. Ordinance 83-169 and
this Agreement shall become null and void in their entirety and
the subject premises shall be eligible for such a zoning classi-
fication as is consistent with the City's comprehensive plan, it
being the intent of the parties hereto that the Owners shallnotbe 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 zoning.
IN WITNESS WHEREOF, this Agreement has been executed and
delivered as of the day and year first above written.
Witness
ROGER L. AVERILL
IRENE L. AVERILL
GORDON A. DEBECR
LUCILLE A. DEBECK
CITY OF BANGOR
BY
Witness John F ynn
Its City-Nanager
STATE OF MAINE
Penobscot, as. , 1983.
Then personally appeared the above-named Roger L. Averill
and Irene L. Averill and acknowledged the foregoing to be their
free act and deed.
Before me,
Attorney at Law
STATE OF MAINE
renobscot, ss. , 1983.
Then personally appeared the above-named Cordon A. DeBeck
and Lucille A. DeBeck and acknowledged the foregoing to be their
free act and deed.
- 11 Before me,
Attorney at Law
STATE OF MAINE
Penobscot, as. 1983.
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;
ttorney ae aw
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Bangor, the center of Maimt—the Gateany to Mai,u's North Woods and Seashore Re sry
DATE: May 17, 1983
T0: The Honorable City Council
FROM: The Planning Board
SUBJECT: Amending Zoning Ordinance
744 Stillwater Avenue
C.0- 1 83-188.
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 area,
and its proposed use in the Comprehensive Plan, the Boardvoted.
five in favor and none opposed to recommend approval of the above
contract zone change request.
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MONEY G. MEKAY
Cry HALL
DYGE,
BANGOR, MAINE 0E$01
JOHN M. LOM
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R,nni np Onks
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DATE: May 17, 1983
T0: The Honorable City Council
FROM: The Planning Board
SUBJECT: Amending Zoning Ordinance
744 Stillwater Avenue
C.0- 1 83-188.
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 area,
and its proposed use in the Comprehensive Plan, the Boardvoted.
five in favor and none opposed to recommend approval of the above
contract zone change request.
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