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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