HomeMy WebLinkAbout1995-11-13 96-13 ORDINANCESUBSTITUTE COPY
Date November 27. 1995 Item No. 96-13
Item/Subject: Amending Land Development Code - 968 union Street -
C.O. # 96-13
Responsible Department: Planning Division
Commentary:
The Planning Board will hold a public hearing on the above noted
request at its regularly scheduled meeting of November 21, 1995.
Managers Comments: Wra a
RA,'�Oa�t��..�.v.3�11u`,idud aTw
" � , "`^"""�City Manager
Associated Information:
Finance Director
_ Passage
First Reading Page 1 of 1
Referral to Planning Board
SUBSTITUTE Gen
96-13
Amipmd b COMMOr Baldacci November 13, 1995
CITY OF' BANGOR
(TITLE) @riIUU=Ce Amending Land Development Code .
.- ...... .... ......_....
_._ 768..Gnion Street ... ..... ..--_...
Beit ordained W W City Coaaei{ of the Cft ofBaNver, ashUsu :
THAT the zoning boundary linea as established by the Boning Map of
the City of Bangor dated October 28, 1991, as amended, be hereby
further amended as follows
By changing part of a parcel of land located at 768 Union Street
(Tax Map No. 4, Part of Parcel 8) from Urban Residence 1 District
to Multi -Family and Service (Contract) District. Said parcel
containing approximately 1.68 acres and being more particularly
indicated on the map attached hereto and made a part hereof.
PROVIDED, HOWEVER TRAT, 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. The property subject to the proposed zone change shall
incorporate a vegetative bufferyard on the entire length
of the northwesterly property line, thirty feet in width,
and preserve and maintain the existing tree and shrub
growth wherever possible but must provide a minimum of
two deciduous treesand one evergreen tree per one
hundred linear feet.
B. The property subject to the proposed sone change will
have no direct vehicular access to or from Union Street.
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 Clerk 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.
SUBSTITUTE COPY 96-13
APPLICAT/1/95
IO NE
T0: THE CITE COUNCIL AND DATE 9111195
M PUNNING "ARM OF BANGOR, MAIND: NO.
1._ I(RE) FIRST NEALTECARE CORPORATION
207 42-73-36
7000
X;• of 430 BEDFORD STREET LEy Or,IPOS 02ff 6Telephone
Address City or�Poat Offiee Telephone
hereby petition to amend the. Land Development Code of the City of
`-• Bangor, Maine by reclassifying from URD I
'district to the MASD 0 district for the
property outlined in red on the maps attached hereto, which are
part of this application, and described as follows:
3. ADDRESS OF PROPERTY (if any) 760 UNION STREET BANGOR, MINE 04401
Total Area (acres or square feet) 1.68 ACRES ♦
4- PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street
SUOTE SIDE OF UNION STREET APFROZ. 275' FROM DUNNING BLVD
5. LEGAL DESCRIPTION OF PROPERTY - ASSGUSOra Map NO.4 Parcel Wart of)
6. EXISTING USE: SINGLE FAMILY
7, PROPOSED USE: NURSING NONE FACILITY
E. NAME AND ADDRESS OF OWNER OF RECORD: Name GEORGE TSOULAS
Address BEECRBR PARE RANGOR,MAINE
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): FIRST HEALTHCARE CORP.
10. SIGNATURE OF OWNER OR CONTRACT OWNER: // _
11. REPRESENTATIVE OF APPLICANT: Name
(if applicable)
Address
12. ATTACH ANF CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FOPUI & DUPLICATE 1'0 PLANNING DIVISION, ITT HAI.J, BANGOR, ME.
A00lication fee Processing Advertising Total
Zone Change (1/2 acre or less) $297.50 $212.00* $509.50
Zone Change (in excess of 1/2 ac -e) $416.00 $212.00* $688.00
Contract Zone Change $713.75 $265.00* $978.75
_No Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
SUBSTITUTE COPY 296=0
Proposed Contract Zone Change Conditions for 768 Unlon Street
The use and/or operation of the subject premises shall be subject
to the following limitations and/or restrictions:
The property subject to the proposed sone change shall
incorporate a vegetative bufferyard on the entire length of the
north westerly property line, thirty feet in width, and preserve
and maintain the existing tree and shrub growthwhereverpossible
but must provide a minimum of two deciduous trees and one
evergreen tree per one hundred linear feet.
The property subject to the proposed zone change will have no
direct vehicular access to or from Onion Street.
SUBSTITUTE COPY
96-13
Excerpt from Staff Memorandum for November 21, 1995 Planning
Board Meeting.
PURLIC HBAAIMGS
Item No. 6, Contract Bone Change - 768 Union Street - First
Healthcare Corporation - C.O. A 96-13.
a. General Description. Applicant requests a contract zone
change for a 1.68 acre parcel from Urban Residence District -
1 (URD -1) to Contract Multi -family and Service District
(NEED) located at 768 Union Street. The Contract NEED would
allow the subject premises, currently a vacant parcel to be
utilized to expand the neighboring Westgate Nursing Home.
b. Land Use and Boning Policy. This area of Union Street,
northwest of I-95, and on the west aide of the street is in
an area the Comprehensive Plan Land Use Concepts map
indicates as High Density Residential. The current zoning
in that area is Multi -family and Service District from I-95
up to the Subject property (and beyond which is DRD-1).
Across the street the zoning Is URD -2 and URD -1. To the
rear of the site is G E ISD. The Comprehensive Plan Boning
Policy map calls for the subject premises to be URD -2. That
zoning designation is inconsistent with all of the M&SD
zoning on the wet side of the Street. Thus, the question
here is to determine which zoning designation, M&SD or URO -2
is more in keeping with the Comprehensive Plan and the
existing zoning of the area. Staff has concluded that MSD
is more n keeping with the existing zoning and the intent
of the Comprehensive Plan.
C. Urban Services. The parcel proposed for the zone change is
locatedinthe Primary Services Area and has a complete
range of urban services available to it.
d. Existing Conditions. The subject Parcel was originally a
2.2 acre house lot with a single-family home. The applicant
has a purchase agreement to buy 1.68 acres of that larger
parcel (generally the vacant land extending 500 feet to the
rear of the reduced house lot). (The parcel also includes a
40 foot wide strip fronting on Union Street and running
northwest of the reconfigured house lot).
e. .Recommendation. The applicant proposes to rezone the
subject Parcel to the same M E ED zone as the abutting
nursing home to the southeast all in one consistent zone.
That nursing home use, on a major street, is a Conditional
Use in all of the developed area residential districts. The
difference in those districts is the maximum available lot
coverage. The MSD allows 40 Percent lot coverage while the
current district allows 25 Percent lot coverage. The
proposed contract conditions are a 30 -foot wide vegetative
buffer strip running along the northwest property line and
96-13
SUBSTITUTE COPY
no direct access to Union Street from the parcel. The
buffer strip seeks to leave in place extensive existing
vegetation on the northwest property line of the subject
premises in order to mitigate the Impact of structures and
parking areas. The limitation on access to Union Street is
intended to avoid sending nursing home traffic out between
two single-family residences as well as limit the nursing
home to their two existing curb cuts.
The fundamental criteria for a contract sone change is that
it is consistent with the City's Comprehensive Plan and that
it is consistent with the existing uses in the area and
Permitted uses within the original district, contain
conditions related to the physical development of the
property, and be subject to an agreement with both the City
and the owner providing for implementation and enforcement
(Article 1, Section 6.6). Staff would find that the
proposed zoning is consistent with the Comprehensive Plan.
perxltted uses In tM OrlgXnal district. The conditions do
relate directly to the physical development of the property
directly maintaining a 30 foot vegetative buffer strip along
the northwest property line and prohibiting direct access to
Union Street. The contract would provide for implementation
and enforcement. Staff recommends that the Planning Soard
reoxamend the proposed sone change to the City Council.
Date November 13 1995 Item No. 96-13
Item/Subject: Amending
Land Development Code
- 768
Union
Street -
Responsible Department:
Planning Division
For Referral to Planning Board.
Applicant is requesting a contract zone change from Urban Residence
1 District to Multi -Family. and Service District for part of a
Parcel of land located at 768 Union Street. A
I '/
partment Toaa
Manager's Comments:
City Manager
Associated Information: NJ. triq-VVl
Budget Approval:
Finance Director
Vs`1 'I' [LU�M�A/sf�
City Solic'tor �/VJ
Introduced For
Passage
First Reading-(uc5a'�Page 1 of I
JL Referral to Planning Board) oU"L a%)
96-13
Ami good to Couwflr Haldacci November 13, 1995
CITY OF BANGOR
(TITLE.) Vtlig Amending Land Development Code
Be a ordatmd by dv Qty Couneil oftho Qty WBanow. "Mom.
THAT the zoning boundary lines as established by the Zoning Rap of
the City of Bangor dated October 28, 1991, as amended, be hereby
further amended as followal
By changing part of a parcel of land located at 968 Onion Street
(Tax Hap No. 9, Part of Parcel 8) from Urban Residence 1 District
to Multi -Family and Service (Contract) District. Said parcel
containing approximately 1.68 acres and being more particularly
indicated on the map attached herew and made a part hereof.
PROVIDED, HOHEVER 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 thefollowing llnitations and/or restrictions:
A. The property subject to the proposed zone change shall
corporate a vegetative bufferyard on the entire length
of the northwesterly property line, thirty feet in width,
and preserve and maintain the existing tree and shrub
growth wherever possible but must provide a minimum of
two deciduous trees and one evergreen tree per one
hundred linear feet.
B. The property subject to the proposed zone change will
have no direct vehicular access to or from Union Street.
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 needs 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 e
executed within ninety (90) days from the date of passagehereof,
this Ordinance shall become null and void.
96-13
IN CITY COUNCIL ORDINANCE t
November 13, 1995 T
First ReadingReferAmending Land Development Code
Board ea ee Plannivg' ( 68 Unix
Board ]68 Union Street -
CITY CLEM
IN CITY COUNCIL
November 2I, 1995
Passed
vote: 9 yes
Councilors voting Yes:
Baldacci, Blanchette, Frankel,
Leen, Popper, Soucy, Sullivan,
Tyler d Woodcock
CITY CLERK
MEMORANDUM
DATE: March 14, 19%
TO: Gal Campbell, City Clerk
FROM: Lymn Johnson, Planting
SUBJECT: Original Copy of Contract Zone Charge Agreement between the City of
Bangor ant First Heath Care Corporation - C.O. # 96-13
Attached is the original copy of the Contract Zone Change Agreemem between the City of
Bangor and First Healthcare Corporation- Please Be this original with C.O.#%-13.
BK6O59 PGO27
„ - UU5795
CONTRACT ZONING -AGREEMENT
TRIS AGREEMENT is made as of Februaryo?.i, 1996, by and between the CITY
OF BANGOR, a municipal corporation with a place of business located at 73
Harlow Street, in Bangor, County of Penobscot, State of Raine and FIRST
H THCARE, CORPORATION, a Massachusetts Corporation with a place of business
being located in Lexington, County of Middlesex, Commonwealth of
Massachusetts
WITNESSETH:
WHEREAS,. First Healthcare Corporation, is the owner of record of a
certain parcel of land situated in Bangor, County of Penobscot, State of
Heine, said land being located at 768 Union Street, and being identified on
City of Bangor Assessor's Map No. 4, as Part of Lot B. Reference may be bad
to a deed recorded in the Penobscot County Registry of Deeds in volume 6034,
Page 238, 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 for contract sone change, so-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
1.68 acres, all as set forth in Exhibit A attached hereto and incorporated
herein by reference, from an Urban Residence 1 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
NIEREAS, subsequent 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 96-13, whereby it reclassified the
subject premises from Urban Residence 1 District to Contract Multi -Family and
Service District under the Land Development Cade of the City of Bangor
subject to certain restrictions and/or conditions, a copy of said Council
Ordinance 96-13 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 Urban Residence 1 District to Nulti-Family and Service
(Contract) District under the Land Development Code of the City of Seagate
the parties hereto agree as follows,
1. First Healthcare, Corporation, its successors and assigns, barely
covenants and agrees that the use, occupancy and/or development of the
3K6059 PG028
subject premises, in addition to other applicable lana, 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. The property subject to the proposed zone change shall incorporate
vegetative bufferyard on the entire length of the northwesterly
property line, thirty feet in width, and preserve and maintain the
existing tree and shrub growth wherever possible but must provide
a minimum of two deciduous trees and one evergreen tree per one
hundred linear feet.
B. The property subject to the proposed zone change will have no
direct vehicular access to or from Union street.
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 ower,
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
or any part thereof, and shall inure to the benefit of, and be enforceable
by, the City of Bangor, by and through its duly authorized representatives,
and the owner or Owers of any abutting parcels of land.
3. The owner hereby agrees that if it, or any person claiming under o
through it, shall at any time violate or attempt to violate, or shall omit to
perform or observe any one or more of the foregoing restrictions, provisions,
conditions, covenants, and agreements, the City of Bangor and the abutting
landowner(s) shall have the following remedies, which may be exercised by the
City of Bangor either jointly or severally:
a. The City of Bangor shall have the right to prosecute
violations of this Agreement in the same manner that it is
authorized to prosecute violations under the Land Development
Code of the City of Bangor in effect at the time of said
violations. For the purposes herein, a violation of this
Agreement shall be deemed a violation of said Land Development
Code and shall be subject to the penalty provisions of said
Code in effect at the time of violation. Each day that a
violation is 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 aw 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
Agre ent by injunction, legal and equitable actions and all
other lawful process for the enforcement of the same.
The ower further agrees that the failure of the City of Bangor or the ower
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 a
91u�11081
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.
9. 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 modif led, amended, repealed, and/or replaced upon their
written agreement. It is expressly understood by the parties hereto that any
such change shall be in accordance with the laws of the State of Maine and
the Land Development Code of the City of Bangor, shall be treated as an
amendment to said Ordinance and shall he processed accordingly.
5. The parties hereto hereby agree that nothing in this Agreement
shall be construed so as to preclude the future exercise of the Bangor City
Council's legislative authority relative to the zoning of the subject
premises. In the event that the zoning of said premises is changed by the
City Council, any use established under the provisions outline in paragraph
1, subparagraphs A., and B., 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 96-13 or the terms of this Agreement.
'/. The parties hereto hereby agree that if one of the restrictions,
provisions, conditions, covenants, and agreements, or portions thereof,
contained in this Agreement is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such
determination shall not affect the validity of the remaining portions hereof.
provided, however, that parties hereto hereby further agree that in the
event any of the contracted provisions contained in paragraph 1,
subparagraphs A., and B., above, are invalidated or such other provision is
invalidated so as toenstitute a material 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 a reversion and/or change of the zoning of the subject premises to
the current zoning classification as may be in effect at the time of the
processing of any such reversion and/or change. Said reversion and/or change
may be initiated 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 an amendment to the Land Development Code in
affect 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 o
abutting land owners are deprived of the conditions negotiated to minimize
the negative externalities of the requested rezoning.
S. Except as expressly modified herein, the use and occupancy of the
subject premises shall be governed by and comply with the provisions of the
BK6059 PG030
' 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.
4d(
Witness
/FIyRRSSST pBBA,LTNCARB, CORPORATION
BY TIeA-�-R
Richard Blinn
Its
CITYY OOF, BANGOR
/��
BY
WitnA. Barrett
ItsCityManager
COBMONWEALTE OF MASSACHIBMTS
, 1996
Then personally appeared the above-named Richard Blinn and acknowledged
the foregoing to be his free act and deed and the free act and deed of 'd
First Healthcare, Corporation. �e
Before me, SEAL
Printed Have:
Justice of the Peace
Notary Public
Attorney at Law
STATE OF MAINE
Penobscot, as
"Ak" 0-(�, 1996
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 Hanger and the free act and deed of said City of Bangor.
Before me, .'.
ISPAL
Printed^ Name:TC '',L G
Notary Public
A=tvrrvsP"'ee-sas'-
dK 9 Pc031
SUBSTITUTE COPY
96-13
AeeiBndio Councilor. Baldacci November 13, 1995
CITY OF BANGOR
IN CITY COUNCIL
November 22, 1995
'�gy�pp - Passed
(TITLE.) 4tlC31 UM Cee Amending Land Development Code A e Copy,.Atte t;
CITY CLERK
... .. 768... Union Street __.. ....... p .
Be iU adand by She CUP Conscf/ of She CUP ofBanow. se IbUedvs. SEAL..
THAT the zoning boundary lines as established by the zonin
the City of Bangor dated October 28, 1991, as amended, be hereby
further amended as follower
By changing part of a parcel of land located at 768 Union Street
(Tax Map No. 9, Part of Parcel 8) from Urban Residence 1 District
to Multi -Family and Service (Contract) District. Said parcel
containing approximately 1.68 acres and being more particularly
indicated on the map attached hereto and made a part hereof.
.PROVIDED, HOWEVER TRACE, in addition to the mandatory conditions
Imposed by Chapter viii, ArtiCie 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 operatign of the subject premises shall be
subject to the following limitations and/or restrictions:
A. The property subject to the proposed zone change shall
incorporate a vegetative bufferyard on the entire length
of the northwesterly property line, thirty feet in width,
and preserve and maintain the existing tree and shrub
growth wherever possible but most provide a minimumof
two deciduous trees and one evergreen tree per one
hundred linear feet.
B. The property subject to the proposed zone change will
have no direct vehicular access to or from Union Street.
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 Clerk 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.
EXHIBIT B
N
ao
96-13
URDTO
M&SD CONTRACT
96-13
7/1/95
�ApprLIMION FOR WD DEVELOPIIIM2 CODE W NUkP AM2NDME1VT
TO: THE CITY COUNCIL AND DATE 9/11/95
TF -v PLANNING n^Ann OF BANGOR, MAINE: NO.
1. 1(W) FIRST HEALTHCARE CORPORATION 207
942-)336
2, Of 450 BEDFORD STREET LEYINC Fos 0Off 6Telep 7000
one
Address City or Post Office Telephone
heraby petition to amend the Land Development Code of the City of
Bangor, Maine by reclassifying from URD 1
district to the EBBS district for the
> property outlined in red on the maps attached hereto, which are
part of this application, and described as follows:
3. ADDRESS OF PROPERTY (if any) 768 UNION STREET BANGOR, MINE 04401
Total Area (acres or Square feet) 1.68 A +-
4, PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street
SOOTN SIDE OF ONION STREET APPROX. 275' FROM DONNING BLVD
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map Ne.4 Parcel 8(Part of)
6. EXISTING USEn SINGLE FAMILY
7. PROPOSED USE: NURSING HDRE FACILITY
E. NAM5 AND ADDRESS OF OWNER OF RECORD: Name GEORGE TSOULAS
Address BEECHER PARR HANCOR.MAINE
9. NAS AND ADDRESS OF CONTRACT OWNER (if succhh/))i FIRST HEALTHCARE CORP.
10. SIGNATURE OF OWNER OR CONTRACT OWNER:
11. REPRESENTATIVE OF APPLICANT: Name
(if applicable)
Address
12. ATTPCH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM & DUPLI TE TO ING DIVISION, CITY HALL BANGOR
Artlication fee Processing Advertising Total
Zone Change (1/2 acre or less) $297.50 $212.00+ $509.50
Zone Change (in excess of 1/2 acre) $476.00 $212.00* $688.00
Contract Zone Change $)13.)5 $265.00+ $978.75
Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE -