HomeMy WebLinkAbout1996-11-13 97-7 ORDINANCECOUNCIL ACTION
Date November 25, 1996 Item No. 9]-]
Item/Subject Amending Land Development Code - Outer Broadway
C.O. # 99-9 (As Amended)
Responsible Department: Planning Division
Commentary:
The Planning Board held a public hearing on the above contract
zone change request at its regularly scheduled meeting of
November 19, 1996.
Donald Evans, Chief Operating Officer for St. Joseph Healthcare
Foundation, and John Rohman, NERO Architects, both spoke in favor
of the proposed contract zone change request.
Dr. Richard Thomas was
in
support of the proposed z change.
Dorothy Hill and Marcel Coffin, abutting property owners both
spoke in opposition. Dr. Wood, an abutting property owner, had a
question.
The Planning Board voted 5 to 0 in favor of a motion to amend
Condition No. B to include a "50'° buffer zone and recommend that
to the City Council that C.O. # 9]L(As Amended) be approve
D tment Head
Manager's Comments:
N07£. BY Gaay
S05WX7700 city Manager
Assoociate Oin oxmation:gju�&y„.(me/ mag,
Budget Approval
Finance Director
Legal Approval: 5 I nl F +uTS
Vd'(5 �r FI%SS d� City Solicitor
Introduced For 4w' M/n }
X Passage
First Reading Page X of I
Referral to Planning Board
9)-0
Aaipedto Camulor Sullivan November 13, 1996
CITY OF BANGOR
Amending .Land Development Code
(TITLE.) &YUM4M0. _.._ ...._..........- ... _....
Outer Broadway
& 4t oedelW by Wo C(t Cawed of W Cit of Denier. =jBilo or.
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 part of a parcel of land located on Outer Broadway
(Tax Map No. R-40, Lot 4) from Low Density Residential to
Government and Institutional Service (Contract) District. Said
parcel containing approximately 1].] acres and being more
particularly indicated on the map attached hereto and made a part
hereof.
PROVIDED, HOWEVER THAT, in addition to the mandatory conditions
Imposed by Chapter VIII, Article 2, Section 6.6 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:
A. Impervious surface ratio not to exceed .6
B. Establish buffer zones adjacent to residential properties
and at rear adjacent to Musson College
C. Building height limitation of 20' from property line on
Broadway to 400` back. Building height limitation of 40'
on remainder of site.
D. Activity limitations:
I. No outside storage
it. No outdoor display beyond building identification
E. No parking lots located on the Broadway side of parcel.
IN CITY COUNCIL
November 13, 1996
First Reading
Referred to Flaming
Board
CLE
IN CM COUNCIL
November 25, 1996
Notion to Arend Passed
Passed As seemed
vote: 8 yes.
Councilors voting yes:
Aube, Baldacci, Blanchette,
Lead, Soucy, Sullivan. Tyler
d Woodcock
I CLERK
9]-]
ORDINANCE
( TU E,) Amending Land Develowent Code -
Outer Broadway
i
97-7
(AS AMENDED)
Aeagmd to CommAor
CITY OF BANGOR
/p • Am ming L d Developme t C de
(TITLE.) VIICl�i118kitPr _._....... ........... ........___ ...._........
Outer Broadway
Be it ordai+ud 6y Ne Cary Cwtvi! of W Cft WRw%sor, aofoBomo:
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 part of a parcel of land located on Outer Broadway
(Tax Map No. R-40, Lot 4) from Low Density Residential to
Government and Institutional Service (Contract) District. Said
parcel containing approximately 17.7 acres and being more
particularly indicated on the map attached hereto and made a part
hereof.
PROVIDED, HOWEVER THAT, in addition to the mandatory conditions
imposed by Chapter VIII, Article 2, Section 6.6 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:
A. Impervious surface ratio not to exceed .6
B. Establish 50' buffer zones adjacent to residential
properties and at rear adjacent to Husson College
C. Building height limitation of 20' from property line on
Broadway to 400' back. Building height limitation of 40'
on remainder of site.
D. Activity limitations:
I. No outside storage
ii. No outdoor display beyond building identification
E. No parking lots located an the Broadway side of parcel.
9I-0
a. Rxecution by those parties with aninterest n 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 CityClerk 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.
9]-]
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 on copy of said agreement
being on file in the office of theCity Clerk and incorporated
herein by reference. In the event that said agreement i not s
executed within ninety (90) days from the date of passagehereof,
this Ordinance shall become null and void.
® LDR TO G&ISD
a ri % CONTRACT
G&ISD
cAm ]/1/96
D D
T0: THE CITY COUNCIL AND DATE
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. I(WE) atJoseph Healthcare Foundation
2. of 160 Proad 302
Address City or Post Office Telephone
hereby petition to amend the Land Oevelopment Code of the City of
Bangor, Maine by reclassifying from low density residential
district to the Govra t t't+ SvcDith
Diet district for e
property outlined in red an the maps attached hereto, which are
Part of this application, and described as follows:
3. ADDRESS OF PROPERTY (if any)
Total Area (acres or square feet) 1].]3
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street Westerly side of
Bxoadway, opposite Hobart Street
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. R40 parcel 4
6. EXISTING USE: vacant
7. PROPOSED USE: Professional Office/Medical
S. NAME AND ADDRESS OF OWNER OF RECORDz Name St. Joseph's Healthcare
Foundation�
Address 360 Broadway, Bangor, ME
9. NAME AND ADDRESS OF CONTRACT OWNER4\iifsusuch): Sam(e�
10. SIGNATURE OF OWNER OR CONTRACT OWNER:
11. REPRESENTATIVE OF APPLICANT: Name WBRC A/E (John Rohman)
(if applicable)
Address 44 Central 3t., Bangor, ME
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN
ADPII,Qatjfee=QQ921na Advertinina Tota
ZoneChange (1/acre or less) $305.75 $212.00* $517.75
2
Zone Change (in excess of 1/2 acre) $489.00 $212.00* $701.00
Contract Zone Cnange 25 $265.00* $998.25
*Two Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
CONTRACT ZONE CHANGE. RAO LYP 4
ST. To5EP5'S R&]LTHC
BROADWAY PARCEL
OCTOBER 15, 1996
1. Impervious Surface Ratio to not exceed .6
2. Establish buffer zones adjacent to residential properties
and at rear adjacent to Husson College.
3. Building height limitation of 20' from property line on
Broadway tg.400' back. Building height limitation of 40' on
remainder of site.
4. Activity limitations:
A. No outside Storage
B. No outdoor Display beyond Building Identification
5. No parking lots located on Broadway side of parcel.
Excerpt from Staff Memorandum for November 19, 1996 Planning Board Meeting
PUBLIC HEARINGS
Item No.9: Contract Zone Change - Outer Broadway -St. Joseph Healthcare
Foundation - C.O. If 97-7
a. Geneml Description. St. Joseph Healthcare has requested a change from Low
Density Residential District to Govemment and Institutional Service District on a
parcel of land containing lust under 18 saes located opposite the radio station
and Hobart Street on Broadway. The property in question has approximately
790 feet of frontage on Broadway and extends back to the Husson College
campus property line. The 17.7 acre parcel is presently vacant.
b. Land Use and Zoning Policy. The Cdys land use policy for this area is for
Government and Institutional Service use which encompasses Me Husson
College campus and the Bangor High School site. The zoning policy is a mixture
of Government and Institutional Service and Low Density Residential for this
area.
C. Urban fierviaxs. The site has access to all required urban services.
d. Existino Condglons. This area of Broadway has a mixture of Low Density
Residential, Government and Institutional, and broadcast uses. The area directly
across Broadway from this site is presently zoned Low Density Residential but is
Flanked on either end by the recently granted Contract Government and
Institutional Service District zone at the corner of Hobart Street and the Industry
and Service District Contract Zone for Me radio station on the in -town end of this
stretch of Broadway. There Is a church on the corner of Hobart Street on the in -
town side opposite the recent Government and Institutional Service zone
change. Most of the residential uses in this area are sifter farther out Broadway
beyond Hobart Street and the G & ISD zoned parcel or in -town inside of the
radio station at the mouth of Grandview Avenue and in the Grandview Avenue
subdivision on the west side of Broadway in this same area.
e. Decision Criteria. The basis for any zoning is the City's Comprehensive Plan.
The general development policy for this area would appear to be consistent with
Me hospital request for Government and Institutional Service.
The contract conditions provide an impervious surface ratio limit (6) which is not
a development standard in the G & ISD zone, as well as providing for buffer
areas adjacent to residential properties on the north and south of the parcel and
at the rear abutting Husson College. The Broadway frontage of the property
would have a building height limit of 20 feet for a distance of 400' back and
would not allow for packing lois to be located between the buildings and the
street. This means that the Broadway frontage would have a low-lying building
facade (even though some of these buildings may be large because of Me
extensive street frontage) which would bs in keeping with to residential scale of
this section of Broadway.
f. Recommendation. Because the proposed zone change is consistent with the
City's Comprehensive Plan and recent zoning changes in the area, Staff would
recommend that Me Planning Board! recommend the zone change to the City
Council.
�" uo2as3 396314 PG241
COMPACT ZONING AGREEMENT
THIS AGREEMENT ismade as of January 21 1997, by and between
the CITY OF BANGOR, amunicipal corporation with a place of
business located at 73 Harlow Street, in Bangor, County of
Penobscot, State of Maine and ST. JOSEPH HEALTHCARE FOUNDATION, a
Maine Corporation with its principal place of business being
located at Bangor, County of Penobscot, State of Maine
WITNESSETH:
WHEREAS, St. Joseph Healthcare Foundation is the owner of
record of a certain parcel of land situated in Bangor, County Of
Penobscot, State of Maine, said land being located on Outer
Broadway, and being identified on City of Bangor Assessor's Map
No. R-40, as Lot 4. Reference may be had to a deed recorded i
the Penobscot County Registry of Deeds in Volume 4850, Page 249,
for a more particular description of said land; and
WHEREAS, pursuant to 30-A M.R.S.A. Section 4352 and Chapter
VIII, Article 2, Sec. 6.6 of the Laws and Ordinances of the City
of Bangor, application was made fora contract zone
change,
-called, to reclassify said parcel of land (said parcel
hereinafter being referred to as the -subject premises") said
parcel comprising a land area of approximately 17.7 acres, all a
set forth in Exhibit A attached hereto and incorporated herein by
reference, from a Low Density Residential District to a Contract
Government and Institutional 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
WHEREAS, subseghent to a public hearing on .the matter, and
after due consideration given to the recommendations of the
Planning Board, the Bangor City Council adopted Council Ordinance
97-7(as amended), whereby it reclassified the subject premises
from a Low Density Residential District to a Contract Government
and Institutional Service District under the Land Development
Code of the City of Bangor subject to certain restrictions and/or
g63.1.4 PG242
conditions, a copy of said Council ordinance 97-7 (as amended)
and the restrictions and/or conditions contained therein being
attached hereto as Exhibit B and incorporated herein by
reference.
NOW THBREPORB, i sideration of the reclassification of
the subject premises from a Low Density Residential District to a
Contract Goverment and Institutional Service District under the
Land Development Code of the City of Bangor, the parties hereto
agree as follows:
1. St. Joseph Healthcare Foundation, its s and
v
signs, 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, shall be subject to the following restrictions and/or
conditions on the physical development or operation of said
property:
A. Impervious surface ratio not to exceed
B. Establish 50' buffer zones adjacent to residential
properties and at rear adjacent to Husson College
C. Building height limitation of 20' from property line on
Broadway to 400' back. Building height limitation of
40' on remainder of site.
D. Activity limitations:
I. No outside storage
I1. No outdoor display beyond building identification
E. No parking lots located on the Broadway side of parcel.
2. The Owner hereby agrees 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 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 o 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 Owner hereby agrees that if it, or any person
claiming under or through it, shall at any time violate or
3x6314 PG243
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 severally:
a. The City of Bangor shall have the right to
prosecute violations of this Agreement in the same
manner that it is authorimed to prosecute
solations under the Land Development Code of the
City of Bangor in effect at the time of said
solations. For the purposes herein, a violation
of this Agreement shall be deemed aiolation of
said Land Development Code and shall be subject to
the penalty provisions of said Code ineffect at
the time of v lation. Each day that aviolation
iolation
s permitted to exist after notification of the
same pursuant to said Code 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 provisions of this
Agreement by injunction, legal and equitable
actions and all other lawful process for the
enforcement of the same.
The Owner further agrees that the failure of the City of Bangor
or the owner r 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 a waiver
of the right to do so thereafter as to the same breach or
violation or as to any breach or violation occurring prior to or
subsequent thereof.
4. The City of Bangor and the Owner 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 i
expressly understood by the parties hereto that any such change
shall be in accord,nCe with the laws of the State of Maine and
the Land Development Code of the City of Bangor, shall be treated
amendmentas an to said Ordinance and shall be processed
accordngly.
S. The parties hereto hereby agree that nothing in this
Agreement shall be construed so as to preclude the future
%6314. PG244
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,
any use established under the provisions outlined in paragraph 1,
subparagraphs A., B., C., D., and E., above, subject to the
restrictions, provisions, conditions, Covenants, and agreements
contained in this Agreement, shall be allowed to continue as a
nonconformity or a nonconforming use, whichever the case may be,
in accordance with the provisions of the Land Development Code,
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 any and all rights to challenge
the validity of Council Ordinance 97-0(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,
r 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 parties hereto hereby further agree
that in the event any of the contracted provisions contained i
paragraph I, subparagraphs A., B., C, D., and E., above, are
validated or such other provision is invalidated so s to
constitute amaterial change in the restrictions, provisions,
conditions, covenants, and agreements negotiated by and between
the parties, the City of Bangor or abutting land owners shall
have the power to seek sand/or change of the zoning of
the subject premises to thereversion
zoning classification orits
subsequent designation i effect at the time of the approval of
this contract zone change. Said reversion and/or change may be
vitiated by a representative of the City of Bangor or an
abutting property Owner to the subject premises, shall be
processed in accordance with the procedure established for a
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 owner 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 are
deprived of the conditions negotiated to minimize the negative
externalties of the requested rezoning.
8. Except as expressly modified herein, the use and
occupancy of the subject premises shall be governed by and comply
RX6314 PG245
with the provisions of the Land Development Code Ordinance 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.
ST. JOSEPH HEALTHCARE
(� Q FOUNDATION
0.N.QM2`&.71f4LWXA.17 Bv�
Witness Donald D. Evans
Its Chief Operating Officer
\y nn CITY OF BANG/OAR
"
BY941VJ
Bass A IN
k1 Edward A. Barrett tt
Its City Manager
STATE OF MAINE y
Penobscot, as., Januaryay, 1997
Then personally appeared the above-named Donald D. Evans and
acknowledged the foregoing to be his free act and deed in his
said capacity as Chief Operating Officer and the free act and
deed of said St. Joseph Healthcare Foundation.
Before me,
_ ;Csz�i .� .
Printed Name: b'pplp'RtCIpr2L+
Notary Public aryp S+Aau03
90 314 PG246
STATE OF MAINE
Penobscot, as. Tanuaryl% 1997
Than 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,
01/
Printed Name:T�kj' 46e
NotaryPublic�
Attorney -at Sat+
aK6314 Pc247
EXHIBIT A
® LDR TO GMSD
G&ISD
- _ 9,K63 L4 PG248
9]-]
(AS AMENDED)
Awyned to Cound(ur
CITY OF BANGOR
(TITLE.) �T�ItIRLlltFa Amenaang Land Development code
Outer Broadway
Be tb ordaiwd by Coy CaatemB of the City of Bangor. as ynyma:
M CITY COUNCIL
November 25, 1996
Passed As Amended
A'True "Coon. AL [eat:
THAT the zoning boundary lines as established by the Zoning Nap of
[he City of Bangor dated October 20, 1991, as amended, be hereby
further amended as follows:
By changing a part of a parcel of land located on Outer Broadway
(Tax Map No. R-40, Lot 4) from Low Density Residential to
Sovernment and Institutional Service (Contract) District. Said
parcel containing approximately 1].] acres and being more
particularly indicated on the map attached hereto and made a part
hereof.
PROVIDED, HOWEVER THAT, in addition to the mandatory conditions
imposed by Chapter VIII, Article 2, Section 6.6 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:
A. Impervious surface ratio not to exceed .6
B. Establish 50' buffer zones adjacent to residential
properties and at rear adjacent to Hasson College
"C. Building height limitation of 20' from property line on
Broadway to 400' back. Building height limitation of 40'
on remainder of site.
D. Activity limitations:
I. No outside storage
rr. No outdoor display beyond building identification
E. No parking lots located on the Broadway side of parcel.
SK6314 PG249
9]-)
2. Execution by those parties with an
interest in the
affected property of an agreement providing forthe 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 within ninety 1901 days from the date of passagehereof,
this Ordinance shall become null and void.
PENOBSCOT. SS RECEIVED
1991 JAN 21 P 1: 38
jums��"
REGISTER It
�y °i (m I.DAmnuiq (Iw