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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 -