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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 i ........ ........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: 11 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 - N}rtwz;ting .. •" (TITIE.) Amending Zor3ng ordinance 744 Stillwater Ave. C 'Clerk In City council Nay 2301903 Zntrrdwad and filed by - Amended by substitution and Passed Vote 8 yes LIDsent - voting yes Brown,Cpr Davis, Frankel,Gass,]ordag5oucy, Carcilmmt Willey Absent Waymoubb Amended Copy Attached City Cler Hsi . C-2 �Qr 0,2 C -y 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. i A P A P A S¢P �P c_x 4�y 6 1 Q C-R \ . T1'ftF1i A To C-R 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 - 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 Cz 4 A 4bb a5 \\i Q C'z A To C-R - E 18I'T A 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. �t i .�%iA MONEY G. MEKAY Cry HALL DYGE, BANGOR, MAINE 0E$01 JOHN M. LOM TEL wt, wims: R,nni np Onks cog ofPansarr, Aubw 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. �t i .�%iA