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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- --1 01-255 r a y m 0 V1 ZURD Ws' "jMvND ST. m URD -i o� 9� �O. 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.