HomeMy WebLinkAbout2001-06-25 01-255 ORDINANCECOUNCIL ACTION
Date June 25, 2001 Item No. OI -255
item/Subject: Amending Land Development Code - 715 Hammond
Street
Responsible Department: Planning Division
For Referral to Planning Board Meeting of July 3, 2001, 9:00 P.M.
The applicants, Mark Eggleton and Janet Berkel,erequesting to
amend the contract zone change conditions of their Contract zone
Change Agreement (Contract Multi -Family and Service District)
located at 715 Hammond Street.
D rtment Hes
Manager's Comment e:T . j IN te 1,
mk� ty n
Associated Information:QX&L," 1,
Finance Director
ISE'
Passage
First Reading - Page 1 of 1
% Referral to Planning Board Meeting of July 3, 2001
01 -ns
Assigned to Caweilon aeldacei lune 25, 2001
, M
CITY OF BANGOR
(TITLE.) Ordi.nan Ce i Amending Land Development Code - Zone Change
715 Hmmnend Short
eedmdeis syiheCYNyeonsae, wolow:
THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated
October 28, 1991, as amended, be hereby further amended as follows:
By changing a parcel of land located at 715 Hammond Street (Tax Map No. 6, Parcel No. 87)
from Contract Mudd -Family and Service District to Contract Multi -Family and Service District.
Said parcel containing approximately 9,000 sq. ft. and being more partficularly Indicated on the
map attached hereto and made a part hereof.
PROVIDED, HOWEVER THAT, In addition to the mandatory conditions Imposed by Chapter
165-7 of the Ordinances of the City of Bangor, 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
limitations and/or restrictions:
The City of Bangor, Its successors, assigns, and lessees, hereby covenants and agrees
that the use, occupancy and/or development of the subject premises, In addition to other
applicable laws, ordinances, or regulations of the City of Bangor, or regulations of the Federal
Aviation Administration, shall be subject to the following restrictions and conditions on the
physical development of the 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 gBlitthe dental professional and_famll>f shah igib sltle.
B. Thea 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 f apF seven at any one true.
D. The non-residen8al portion of the subject premises shall be used only for a dental
office.
o1-sss
E. In the event that the sbuejct premises ceases to be used as a dental office, the
zoning classification of said premises shall be eligible for a reversion and/or change
to a -Rests' 1 Zane an Wban Residence 1 District, 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 property 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. Execution by those parties with an 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 Cleric and Incorporated herein by reference. In the event that Said agreement is
not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall
become null and void.
SH CITY COOHCII
J®e 25. 2001
nr:� ¢awes
Nefetted to el Naerd
n
IN CITY COUNCIL
July 9. 2001
Passed
C
N 01-255
OR Wl e9C8
(TITIE,) Aoeoaive Lend Oeveloement Code -
Zane Change -715 Remnant Street
1
J I
HAMMOND ST. �-
9 URD -1
of \9a
M&SD contract
TO M&SD contract(revised)
01-255
"1,1,00
APPLICATION FOR LAND DEVELOPMENT CODE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE: May 29,2001
THE PLANNING BOARD OF BANGOR MAINE: NO.
1. 1(W E) Mark E. Eggleton and Janet A. Heckel
2. of 715 Hammond Street Bangor ME W401 945-64%
Address City or Port Office Telephone
hereby petition to amend me Land Development Code of the City of Bangor, Maine by amending for
Contract Zoning Agreement dated January 10, 1983 One matchmenO for the property outlined in red on
the map attached hetero, which is part of this application, and described as follows:
3. ADDRESS OF PROPERTY (if any): 715 Hammond Street, Borger
Total arrest (acres or square km): 10,75Ot
4. PROPERTY LOCATION (General location): Corner of Hammond Smon and los' Street
5. LEGAL DESCRIPTION OF PROPERTY- Assessors Map No. 6 Parcel 87
6. EXISTINGUSE: Dental Office
]. PROPOSEDUSE: Dental Office
8. NAMEANDADDRESSOFOWNEROFRECORD: Name Mark E. Eggleton
Janet A. Bedcel
Address 015 Hammond Sir«t
Bangor, ME W401
9. NAME AND ADDRESS OF CONTRACT OWNER(iferch): N/A
10. SIGNATURE OF OWNER OR CONTRACT OWNER
Il. REPRESENTATIVE OF APPLICANT: Name Thrones A. Rus I, Esq.
Of applicable) Address P.O.Bco:738
Bangor, ME 04402-0738
Tel: 990-3314
12, ATTACH ANY CONDITIONS PROPOSED FORA CONTRACT ZONE REQUEST.
RETURN FORM A DUPLICATE TO PLANNING DIVISION CITY HALL BANGOR ME
Arnl'cat'onfee precessinat Advertising Toto)
]ane Change (In acre or less) $334.50 $234.00* $568.50
Zone Change (in excess of lR acre) $534.50 $234.00* $768.50
Contract Zone Change $801.25 $29200' $1,093.25
*Two Ads Required
Proposed Amendment to Contract Zoning Agreement
715 Hammond Street Property
Mark E. Eggleton and Janet A. Partial (Owners) entered into a Contact Zoning
Agreement with the City of Bangor (City) on January 10, 1983, the Agreement being recorded in
the Penobscot County Registry of Deeds in Book 3365, Page 180. The Agreement contained
certain restrictions and/or conditions on the physical development or operation of property
located at 715 Hammond Strait. The Owners porpoise to amend Paragraph 1 of the Agreement
as follows (deletions stricken; additions underline :
a. The residential chaacta of the property shah be retained
and that potion of rhe property not utilized for a denied
office shell be limited to a single hardly use in which only
the dental professionaldmfamily shell may reside.
It Them shall be not 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 fear seven at
any one time.
d. The non-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 inning classification afraid premises
shall be eligible for a reversion and/or change to a
-..�:..,er.-7 an Urban Residencel District, orsuch
other comparable zowng classification as may be in effect
at the time of the processing of said reversion and/or
change. Said reversion andlor change may be initiated by
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.
Bk 7609 Pg127 K28297
08-01-2001 @ 04:19P
01-255
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of July �V, 2001, by the CITY OF
BANGOR, a municipal corporation with a place of business located
at 73 Harlow Street, in Bangor, County of Penobscot, State of
Maine, AND, MARX E. EGGLETON and JANET A. BERKEL, residents of
Bangor, County of Penobscot, State of Maine,
WITNESSETH:
WHEREAS, Mark B. 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 Assessors Map 6, as Lot 87
(said land hereinafter referred to as the "su)Sject premises').
Reference may be had to a Warranty Deed dated November 2, 1978,
recorded in the Penobscot County Registry of Deeds in Volume
2932, Page 347 for a more particular description of said land;
and
WHEREAS, by instrument dated January 10, 1983, Mark E.
Eggleton and Janet A. Berkel and the City of Bangor hereto
entered.into a Contract Zoning Agreement regarding these same
premise j said Agreement being recorded in said Registry of Deeds
in Book 3365, Page 180; and
WHEREAS, it is the intent of the parties hereto that this
Contract Zoning Agreement supersede and replace said prior
Agreement; and
WHEREAS, pursuant to 30-A M.R.S.A. Section 4352 and Chapter
165-7 of Codes of the City of Bangor, application was made for a
contract zone change, So-called, to reclassify said parcel of
land comprising a land area
of 9,000 sq. ft. all a set forth in
Exhibit A attached hereto and incorporated herein by reference,
from an Contract Multi -Family and Service District to a Contract
Multi -Family and Service District under the Land Development Code
of the City of Bangor, said application proffering certain
conditions or restrictions relating to the physical development
and/or operation of the subject premises; and
Bk 7609 Pg129 #20297
01-155
WHEREAS, subsequent to a public hearing on the matter, and
after due consideration given to the r emendations of the
Planning Board, the Bangor City Council adopted Council Ordinance
01-255, whereby it reclassified the subject premises from a
Contract Multi -Family and Service District t0 a Contract Multi -
Family and Service District under the Land Development Code of
the City of Bangor subject to certain restrictions and/or
conditions, a copy of said Council Ordinance 01-255 and the
restrictions and/or conditions contained therein being attached
hereto as Exhibit B and incorporated herein by reference.
NOW THEREFORE, in consideration of the reclassification of
the subject premises from a Contract Multi -Family and Service
District to a Contract Multi -Family and Service District under
the Land Development Code of the City of Bangor, the Owners agree
as follows:
1. MARK E. BGGLRTON and JANET A. BERKEL, (hereinafter
referred to as the "OWNERS")for themselves, their heirs, personal
representatives, successors, a signa,and lessees, hereby
covenant and agree that the use, occupancy and/or development 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 conditions on the
physical development of the 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 asingle-family
use in which only the dental professional and family
may reside.
S. There shall be no expansion of the office space beyond
the existing 900 square feet currently devoted to that
C. The total number of employees, including the dental
professional, on the premises shall not exceed seven at
any one time.
D. The non-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 classification of
said premises shall be eligible for a reversion and/or
change to an Urban Residence 1 District, or such other
comparable zoning classification ad may be in effect at
the time of the processing of said reversion and/or
change. Said reversion and/or change may be initiated
Bk 7B@9 Ogl2g #29297
01-255
by a representative of the City of Bangor or an
abutting property 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 i
accordance with the criteria established for the review
of zone change applications.
2. The OWNERS hereby agree that the above -stated
restrictions, provisions, conditions, covenants, and agreements
are made an essential part of this Agreement, shall runwith the
subject premises, shall bind them, theirs and assigns,
to 0 of said property o any part thereof or any interest
therein, and any party in possession o cupancy of said
property o any part thereof, and shall i e 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 o
attempt to violate, or shall omit to perform or observe any one
or more of the foregoing restrictions, provisions, conditions,
covenants, and agreements, the abutting landowner(s) shall have
the following remedies:
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
provisions of this Agreement by injunction, legal
and equitable actions and all other lawful process
for the enforcement of the same.
The OWNERS further agree that the failure of the owner or owners
of abutting parcels to object to any violation, however long
continued, or to enforce any restrictions, provisions,
conditions, covenants, or agreements contained in this Agreement
shall in no event be deemed awaiver
of the right to do so
a
thereafter as to the same breach or violation or as to any breach
or violation occurring prior to or subsequent thereof.
4. The OWNERS hereby agree that the provisions of this
Agreement shall remain in full force and effect until such time
as the same
mm
ay be modified, amended, repealed, and/or replaced
upon their written agreement. It is expressly understood that
any such change shall be in accordance with the laws of the State
of Maine and the Land Development Code of the City of Bangor,
shall be treated a amendment to said Ordinance and shall be
processed accordingly.
Bk 7809 Fg13O #88297
OI -255
5. The OWNERS 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 ctothe
zoning of the subject premises. In the event that the zoning of
said premises is changed by the City Council, any use established
under the provisions outlined in paragraph 1, subparagraphs A. B.
C. D. and E., above, subject to the restrictions, provisions,
conditions, cants, and agreements contained in this
Agreement, shall be allowed to continue asnonconformity or a
nonconforming use, whichever the case maybe, no accordance with
thesmy of the Land Development code, a be in effect
at the time of said zone change, governing the same.
6. The OWNERS hereby agree, for themselves, their
successr
and assigns, to w any and all rights to challenge
the validity of Council Ordinance 01-255 or the terms of this
Agreement.
7. The OWNERS 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 o 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 OWNERS hereby further agree that
n the event any of the contracted provisions contained i
paragraph 1, subparagraphe A., B., C. D. and E., above, are
validated or such other provision is invalidated so s to
constitute a material change in the restrictions, provisions,
conditions, covenants, and agreement the City of Bangor o
abutting land owners
shall have the power to seek a reversion
and/or change of the zoning of the subject premises to the zoning
classification or its subsequent designation in effect at the
time of the approval of this contract zone
change. Said
e
and/or change may be initiated by a representative of
the CinCity Bangor or an abutting property owner to the subject
premises, shall be processed in accordance with the procedure
established for an
amendment to the Land Development Code i
effect at the time, and shall be evaluated in accordance with the
criteria established for the review of zone
change applications.
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 land
owners e deprived of the conditions minimizing the negative
externalties of the requested rezoning.
8. The parties agree that upon the execution of this
Agreement and the recording of the same in the Penobscot County
Registry of Deeds, the Contract Zoning Agreement dated January
10, 1963, recorded in said Registry of Deeds in Book 3365, Page
180, shall automatically become null and void, and said Agreement
shall be of no further force and effect with respect to the
parties or the subject premises.
9. Except as expressly modified herein, the use and
occupancy of the subject premises shall be governed by and comply
with the provisions of the Land Development Code of the City of
Bangor and any applicable amendments thereto or replacement
thereof.
IN WITNESS WHEREOF, this Agreement has been executed and
delivered as of the day and year first above written.
Penobscot, as.
STATE OF MAINE
July , 2001
Then personally appeared the Mark E. Eggleton and
acknowledged the foregoing to be his free act and deed.
Before me,
y�p
Printed Name:
Justice of the Peace
Notary Public
Attorney at Law
MVCOMu�2352HE9,1� ��L
e1-255
Bk
7809
P9131
028297
Registry of Deeds, the Contract Zoning Agreement dated January
10, 1963, recorded in said Registry of Deeds in Book 3365, Page
180, shall automatically become null and void, and said Agreement
shall be of no further force and effect with respect to the
parties or the subject premises.
9. Except as expressly modified herein, the use and
occupancy of the subject premises shall be governed by and comply
with the provisions of the Land Development Code of the City of
Bangor and any applicable amendments thereto or replacement
thereof.
IN WITNESS WHEREOF, this Agreement has been executed and
delivered as of the day and year first above written.
Penobscot, as.
STATE OF MAINE
July , 2001
Then personally appeared the Mark E. Eggleton and
acknowledged the foregoing to be his free act and deed.
Before me,
y�p
Printed Name:
Justice of the Peace
Notary Public
Attorney at Law
MVCOMu�2352HE9,1� ��L
OI -255
Bk 7809 Cg132 X26291
STATE OF MAINE
Penobscot, as. July , 2001
Then personally appeared the Janet A. Bartel and acknowledged
the foregoing to be her free act and deed.
Before me,
4 e
Y Iri- M&UL 9
Printed Name:
Justice of the Peace
Notary Public
Attorney at Law eEAL
�piARYYNOWWANE
1%CQMM951CNETUESMIaC734m
STATE OF MAINE
Penobscot, as. July-?/ , 2001
Then personally appeared the above-named Edward A. Barrett
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,
e
J Justice of the Peace
Notary Public
�p
Attorney t Law E)
AL
S. NEITMANN, IN
MYCOMMB�ON EXPIRES J'A BY $1, said
Bk 9809Bk 9809 P-
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M&SD contract
TO M&SD contract(revised)
EXHIBIT A
01-255
Be dm mf by Me Cly ofeago,' Wfid o
THAT the zoning boundary lines as esrabBshed by the Zoning Map of the City of Bangor dated
October 28, 1991, as amended, be hereby further amended as follows:
By charging a parcel of land located at 715 Hammond Street (Tax Map No. 6, Parcel No. 87)
from Contract MuIPo-Family and Service District to Contract Mull-ramlly and Service Distinct.
Said parcel containing approximately 9,000 sq. It and being more particularly Indicated on the
map attached hereto and made a part hereof.
PROVIDED, HOWEVER THAT, In addition to the mandatory condidons Imposed by Chapter
165-7 of the Ordinances of the City of Bangor, said charge 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
limitations and/or restrictions:
The City of Bangor, Its successors, assigns, and lessees, hereby covenants and agrees
that the use, occupancy and/or development of the subject premises, in addition to other
applicable laws, ordinances, or regulations of the qty of Bangor, or regulations of the Federal
Aviation Administration, shall be subject to the following restrictions and conditions on the
physical development of the 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 pDbLthe dermal professional and famiiv shall may 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 fora- seven at any one time.
D. The non-residential portion of the subject premises shall be used only for a dental
office.
EXHIBIT B
Bk 7809
Pg134 028297
"Signed
to Couutilot Baldaecl
Save 25. 2001
1R:
Ig CIR WOaCI1
CITY
OF BANGOR
ea a 9.2003
kE
A 1Yve COPY. test:
glTLE.)OrdinanceirAmending
CI.R[
Land Development Code - nge
715 Hammond
6veet
A B
(SF
Be dm mf by Me Cly ofeago,' Wfid o
THAT the zoning boundary lines as esrabBshed by the Zoning Map of the City of Bangor dated
October 28, 1991, as amended, be hereby further amended as follows:
By charging a parcel of land located at 715 Hammond Street (Tax Map No. 6, Parcel No. 87)
from Contract MuIPo-Family and Service District to Contract Mull-ramlly and Service Distinct.
Said parcel containing approximately 9,000 sq. It and being more particularly Indicated on the
map attached hereto and made a part hereof.
PROVIDED, HOWEVER THAT, In addition to the mandatory condidons Imposed by Chapter
165-7 of the Ordinances of the City of Bangor, said charge 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
limitations and/or restrictions:
The City of Bangor, Its successors, assigns, and lessees, hereby covenants and agrees
that the use, occupancy and/or development of the subject premises, in addition to other
applicable laws, ordinances, or regulations of the qty of Bangor, or regulations of the Federal
Aviation Administration, shall be subject to the following restrictions and conditions on the
physical development of the 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 pDbLthe dermal professional and famiiv shall may 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 fora- seven at any one time.
D. The non-residential portion of the subject premises shall be used only for a dental
office.
EXHIBIT B
Bk 7809 Pg135 #29297
E. In the event that the sbuejct premises ceases to be used as a dental office, the
zoning classification of mid premises shall be eligible for a reversion and/or change
to bene an Urban Reside I Dlstnd 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 property 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. Bxecubon by those parties with an Interest in the affected property of an
agreement providing for the implementation and enforcement of all the tents 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 mid agreement being on file in the office
of the City Clerk and Incorporated herein by reference. In the event that mid agreement is
not so to meted within ninety (90) days from the date of passage hereof, this Ordinance shall
become null and void.