Loading...
HomeMy WebLinkAbout1993-02-22 93-159 ORDINANCE6/1,�r WA, tfAreP InIn duwd For . Dismantle i 12aPirat Reading Pope_. of ®Referral Date February 16 1993 them No. 93-159 IMM/Subjecti Amending Land Development Code - Stillwater Avenue and Garden Way Pesisonsible Departrrcnt: Planning Division Commentary: For Referral to Planning Board. Applicantisrequesting a contract zone change for property located on Stillwater Avenue and Garden May (adajcent to the interstate) froun-Lov Density Residential District to Shopping and Personal Service District. a we„a. umn Manager's Comments: Q' yw'pap� Arsociated Information:®Ay,r.®�,g pny3� Budget Approval Appose OiFaaier Legal Approval: - - . deysal:;M, InIn duwd For . Dismantle i 12aPirat Reading Pope_. of ®Referral Gale March 1),^1993 Item No. 93-159 Amending Land Development Code - Stillwater Avenue and Garden Way j Item/Subject: C.O. p 93-159 (As Amended) Responsible Department Planning Division Commentary: The Planning Board at its regularly scheduled meeting of March 16, 1993, considered the City Council's referral of C.O. d 93-159. Jim Parker, the applicant, Morris far, the abutting property Owner, Jim Allen, Ken Rodnick and Steve Wilson, residents of the abutting Stillwater Gardens subdivls all spoke n favor of the contract zone change request with the amende condition regarding access. Bill Murphy, a reticent of the Stillwater Gardens Subdivision, spoke in opposition. The Planning Board voted four in favor and one opposed to recommend to the City Council that the zone change request contained in C.O. p 93-159 (As Amended) be approved. qz Ynnev and j Manager's Commands:xyuen I1� 1Lto��.—i,+� uxdou�nat� 4oika P Associated Infer etion: (peg v Irde1 g-16 -93 1 s-a-49 ou�.eW, Budget APpri K) Issue" Giotto, Legal Approval: City Sessions' Introduced For O Passage ❑ First Readirdg POBs— of El Referral Excerpt from Staff Memorandum for March 16, 1993 Planning Board Meeting. Item No 5: City Council Referral of C.O. p 93-159 - Amending the Land Development Code - Stillwater Avenue and Carden Way - MRS., INC., applicant a. Since the Planning Board public hearing was held on the above contract zone change request, the applicants have come to an agreement with the abutting property owner r to estab- lish access to the parcel through the existing cut on n the adjacent lot. This means that there is o longer any necessity for the access to the proposed site to come from Carden Way. Also, it means that it would not necessitate a additional curb out on Stillwater Avenue in closer proximity to the overpass abutments and the embankment supporting the Interstate 95 overpass over Stillwater Avenue. b. Because must of the opposition to the proposed contract zone change was from neighbors in the abutting residential subdi- vision (Stillwater Gardens) who were concerned about the addition of non-residential traffic to Drew Lane and Garden Way, the City Council voted to return the zone change to the Planning Board in order to allow the Board an opportunity to review this Change in circumstance. - C. It has been Staff's position ever since potential rezoning and r of this parcel for ether than residentialu e v surfaced, over a year ago, that there should net be an addi- tional curb cut an Stillwater Avenue and that any reuse of the site through a contract zone change should limit the extent and intensity of such activity so as not to impact the residential subdivision in a negative way. It is Staff's position that a joint access using the existing curb cut on the First Realty Property (which we had suggested to the property owners on several occasions, previously) would provide an excellent compromise to the provision of access to the site. Also, given the limitations placed on the use of an approximately two a site (which would allow for up to 18,000 sq. ft. of floors only) and given the low-density development standards (such as limiting lot coverage to 20%, maximum floor area ratio to .3, and estab- lishing "C" buffer yards on the perimeters of the property) this would minimize the impact of this site development on the residential lots which presently lie some distance away to the northeast of the site on the opposite aide of the Garden way right -of -wap. The reuse of this parcel in this way would provide anort of buffer to the open space and residential areas to the rear and to the northeast. It is approximately 200 feet distant from the nearest corner of an approved residential lot in the subdivision to the nearest corner of the parcel subject to the proposed contract zone change. (This means that there would be approximately 300 feet distance between a home on such a residential lot and the building on this site.) d. Provided that the contract conditions clearly require that access must be from the common curb cut to Stillwater Avenue n the abutting property, Staff would recommend that the Planning Board recommend this amended contract zone change to the City Council. G srr q r Kar. pate March 3, 1993 Item No. 93=159 Amending Land Development Cade - Stillwater Avenue and Garden Item/Subject: way - C.O. A 93-159 (As Amended) Responsible Department: Commenmrv: The Planning Board at its regularly. scheduled meeting of March 2, 1993, held a public hearing on the above -noted contract zone change request. James Parker, representing the applicant spoke in favor of the proposed contract zone change. Dr. Thomas Vanide5tipe spoke in favor of the change as a potential tenant. Dom neighboring property owner also spoke in support. Threeneighboring property ow spoke opposition. A petition containing 5] signatures s gnatures of people residingin the nelghborlood was presented to the Planning Board, expressing their opposition. The Planning Board voted 4 in favor and 0 opposed on a motion to recommend to the City Council that the contract zone change request contained InC.O. 93-159 (As Amended) be denied. Dvprimmat 1 Manager's Comments: —!)—, Lt ,(�L. (]'I. _ .13" 1...xy,„�%� l I + Cd>tU Jif a" Liz �ir�eVmr COV Moamar Associated Intermation: OA&k, q v 1 Budget Approval: - X F e Manor Legal Approval 7W5 rn re'di K4 411iFt d Fina vde5 r AMI pe &g C der Article a, k had ayswi n.r C! lk Cif7 f5 GdAd t67Cdrl pirdnf 04 - Introduced For . yy irsR a ❑Fiata.edlne page—qr_ ❑Referral 93-159 Aadgned to Councilor Saxl, February 22, 1993 CITY OF BANGOR (TITLE,) (Orbinaltre, amending t o Deveiopm. e Code Sti... _. ........... ........ Be/t ordahwd 4 Ue City Cownml of t Cap of Header. os foUmum: 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 Stillwater Avenue and Garden Nay (Tax Map No. 55, Part of Parcel No. 12A) from Low Density Residential District to Shopping and Personal Service (Contract) District. Said parcel of land containing approximately 100,000 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED HOWEVER THAT, inaddition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6, of the Ordinanc- es 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. Property will be used for professional office, therapeu- tic care and medical rehabilitation. B. Any buildings or land used or occupied and buildings erected, constructed, reconstructed, moved or structur- ally altered shall comply with the requirements of Part II General Requirements and Part IV Land Development Permit of Chapter VIII Land Development Code of the Ordinances of the City of Bangor and the following dimensional requirements: 1. minimum front yard building setback 40 ft. 2, minimuna side yard building setback 15 ft. 3, minimum rear yard building setback 25 ft. 4. minimum parking lot setback 10 ft. 5. maximum building height 40. ft. - 6. maximum building footprint to .lot ratio 208 93-159 AuigwA to Cmmnibr Saxl, February 22, 1993 u _ CITY OF BANGOR (TITLE.) Mrbl[ltiutrey Me.ndi,nq Lane Gave Iopnent code Stillwater Avenue and Carden Ea it ordoiwd by tha Oft Cowaid Wthe City of Summer. a. (aRoma: THAT the aning boundary lines a 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 Stillwater Avenue and Garden Way (Tax Map Mo. 55, Part of Parcel No. 12A) from Low Density Residential District to Shopping and Personal Service (Contract) District. Said parcel of land containing approximately 100,000 sq. ft. 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 Ordinanc- es 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. Property will be need for professional office, therapeu- tic care and medical rehabilitation. B. Any buildings or land used or occupied and buildings erected, constructed. reconstructed, moved or structur- ally altered shall comply with the requirements of Part II General Requirements and Part IV Land Development Permit of Chapter viii Land Development Code of the Ordinances of the City of Bangor and the following dimensional requirements: 1. minimum front yard building setback 40 ft. 2. minimum side yard building setback 15 ft. 3. minimum rear yard building setback 25 ft. 4. minimum parking lot setback 10 ft. 5. maximum building height 40 ft. 6. maximum building footprint to lot ratio 20% 93-159 ORDINANCE IM CITY COUNCIL ! ( TITLE,)' "caller Land Develoment Code February 22, 1883 Received let reading Stillwater Avenue and Carden Way Referred to Appropriate Committee.ed y' CITYi L%� eaF Q r"v IN CITY COUNCIL March 10, 1993 %efexred to Planning Board ilmN - r` C3 CnCLERK IM CITY COUNCIL March 22, 1993 - Passed as Amended by the following yes and no votes. Councilors voting yes: Blanchette, Bragg, Cohen, Frankel, Seel, Shubert, Soucy, Stone and Sullivan. y 1 ITY CLBFR y t1� yµ E t = z "s 93-159 (AS AMENDED) Awsped to CouneOor Sail CITY OF BANGOR (TITLE) (Pr]Illtnitrt, Amending Land. Deuelopm¢Rt Care Stillwater Avenue am Garden May Be it ordaimdW tM City CourWi/ Nt6e Cay oflinmor, m /Mioms: THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be botchy further amended as fellows: By changing a part of a parcel of land located on Stillwater Avenue and Carden Way (Tax Map No. 55, Part of Parcel No. 12A) from Low Density Residential District to Shopping and Personal Service (Contract) District. Said parcel of land containing approximately 100,000 sq. ft. and being more particularly indi- cated 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 Ordinanc- es of the City of Bangor, said change of Zone is granted subject to the following conditions: 1. The u and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. Property will he used for professional office, therapeu- tic care or medical rehabilitation. B. Any buildings or land used or occupied and buildings acted, constructed. reconstructed, moved or structur- ally altered shall comply with the requirements of Part II General Requirements and Part IV Land Development Permit of Chapter Viii Land Development Code of the Ordinances of the City of Bangor and the following dimensional requirements: 1. minimum side yard building setback 15 £t. 2. maxlmnm lot coverage 20% 3. maximum building floor area ratio .30 9. maximum impervious surface ratio .6 S. buffer yard m 'C". 6. Maximum gross r floc area 18,000 sq. ft. There will be no vehicular access to the property from Carden Way. All vehicular access will be from Stillwater Avenue utilising an existing curb cut an the abutting property to the east. 2. execution by those parties with an interest in the af- fected 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, copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the event that said agree- ment is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. ptE 93-159 IPS PMENDED) FEB 11 "a3 09:41 it Yr OF Wfs4P 20'9+-0341 TOS THE CITY COUNCIL AND THE PLANNING BOARD OF RANGOR0 MAINE: hereby petition to amend the Lend D Bangor. Naive by reclaseifyinq from __ _••_"-rr--..a........ a.a. uwn.AAiaa 3. MDRE55 or PROPERTY (if any)M.. Total Area (acres or Square feat)i 4. PROPERTY LOCATION (General location)i m State Street 400 yards. RestofPine I Westerly side of Stillwater Avenue between Real 5. LEGAL DESCNIpTIC14 OP PROPERTY ASSanao3 6. EXISTING DSR: Vacant 7. PROPOSED USEt -Thera neut is/Sports Medicine 8. NAME AND ADDRESS OP owompt OF RECORD: Ran Addree 9. RAEE AND ADDRESS OP CONTRACT OWNER (if n 30. SIGNATURE OF OMR OR CONTRACT onstal 11. REPRESENTATIVE OF APHLICArts Nerve C.E (if applicable) Address 465 Sou 12. ATTACH ANY CONDITIONS PROPOSED FOR A CON P.2 Wnt Code of the City of LOS tlistrict for the had hereto, Which era follows. )_00 t se. ft. 2.9 acres, pie - South side of Oft World and 1-95. Nap No. 55 Parcel 12A ZONE REQUEST. Adojicatjon fee Pnovessiha Advarrisinc Total Zone Change (1/2 acre or lose) $273.50 I $200.00• $473.50 Zone Change (in excess of 1/2 acre) $437 75_i $200.00• $656.75 Contract Zone Change $656.50 I $250.00* $906.50 •Two Ade Required I PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE THE FOLLOWING PEOPLE ARE ASSOCIATED WITH: MRS.. INC. -- I - .... Jim .Parker .. ... .. Shawn Small Oa rnev Silver FOR PROPERTIES OF MRS. INC. AND NIP JAC.CO-SAC 1. Contract zone change to cover two parcels, see map NIP JAGCOSAC 24,424 sq. feet Mrs. Inc. 103,343 sq. feet 2. Property will be used for professional office, therapeutic care and rehabilitation. 3. 4. or land used or occupied s noved, or structurally altered Code of the Ordinances of the City of a. minimum side yard building setback IS it. b. mmdmum building height 40 It c. nimdmum lot coverage 20 % d. mardmum building floor area ratio 30% a. maximum impervious surface ratio 60% I. buffer yard minimum "C° g. matdmum floor area 25,000 sq. it. Construction access Will not be from Garden Way R96CIVED FEO 1 7 Excerpt from Staff Memorandum for March 2, 1993 Planning Board Meeting. 29BLIC HEARINGS Item No. 2: Amending Land Development Code - Stillwater Avenue and Carden Way - MRS. INC. - C. O. 0 93-159 a. General Description. Applicant requests a contract zone change from Low Density Residential District to Shopping and Personal Service District for a parcel containing approxi- mately 105,000 sq. ft. located between the Interstate, Still- water Avenue and Garden Way. This Parcel was before the Planning Board on a Previous occasion (August 20, 1991) for similar request. That request was recommended by the Board but turned down by the Bangor City Council. The history of this area is that there was an initial con- tract zone change for the parcel immediately to the east Of this parcel to allow an existing home to be used for a real estate office. Subsequently, there was a contract zone change for a parcel located east of the First Realty parcel (aforementioned) fora contract zone change for the site development abutting Drew Lane (which is now used by the U.S. Department of Agriculture Offices). That parcel had contained a single-family dwelling which was removed for the USDA Building Project. b, Land Use and Zoning Policy.This area, which includes all of the land on both sides of Stillwater Avenue and northwest Of 1-95, is Proposed for low-density residential use in the City's Land Use Policy section of the Comprehensive Plan. As noted above, there are two contract zone changes for office uses along the Stillwater Avenue frontage of this area. These two non-residential site developments o Stillwater Avenue represent a contrast in zoning policy to the land use policy for low-density residential in this area and would provide the onlyjustification for granting the contract zone change request before you. The adjacent mobilshome park and Stillwater Gardens residential subdivision are both zoned Low Density Residential. c. BAisting Conditions. The existing parcel is presently bound- ed by wetlands to the west and southwest (a corner of the lot is zoned Resource Protection); the Interstate 95 right-of-way to the southeast, fifty feet of frontage on Stillwater Avenue on the easterly end of the parcel and the First Realty office (Shopping and Personal Service Contract District) on the north side of the parcel. Garden Way, an extension from the north from Drew Lane, the Primary access road to the Stillwater Gardens Subdivision, is proposed to extend along the westerly boundary of this parcel. The parcel is somewhat uniquely located due to the wetlands, the interstate, and the adjacent office. site. Access to the site has been an issue when its development has been discussed on previous occasions. Because of its close proximity to the Interstate and the abutments support- ing the Interstate overpass, it is the City's position that there should net be access to Stillwater Avenue from the limited frontage of this parcel. (Also, such access would be in close proximity to the access drive to the First Realty site.) There have been a number of suggestions relating to combined access for the First Realty site and/or USDA site which could provide access to the parcel as well, but there have been no concrete solutions proposed for this access. Use of the Garden Way access tieing into Drew Lane has been an issue with concerned neighbors in the Stillwater Gardens Subdivision. Not only is the Stillwater Avenue-acess a Problem under existing conditions, but there is aproposed southbound on-ramp at this site which would make any such access impermissible under Federal Interchange requirements. d. Urban Services. A full range of urbanservicesare avail- able to this site. e. Decision Criteria. The governing criteria for a contract zone change are that the proposed zoning must be consistent with the City's Comprehensive plan; that the proposed zone change must be"consistent with existing uses in the area and permitted uses within the original zoning district." The requirement for consistency of zoning with the Comprehen- sive Plan applies to any sone change whether it's a contract or non -contract. Obviously, there is a potential conflict with use of this parcel for non-residential use since the City's policy for the area is for low-density residential Use. However, the existence of twosimilar contract zone changes for abutting parcels to the north along the Stillwater Avenue frontage provides abasis for the City to legitimately justify such.a zone change. The requirement that the uses obe consistent with those in thearea and with those permitted under the prior zoning is also somewhat in conflict as clearly the use would be consis- tent with the two site developments to the north, but is not consistent with those uses permitted under the Low Density Residential District. The proposed contract conditions which limit gross floor area of the ultimate site development to 25,000 sq. ft.; which require a much smaller floor area ratio for the site than that permitted in the Shopping and Personal Service District; and which limit lot coverage to considerably less than that permitted in the district, as well as requiring slightly less impervious surface on the site all serve to mitigate the impact of this site development on the adjacent These development standards would make the site devel- opment more compatible with development standards found in Access to the site has been an issue when its development has been discussed on previous occasions. Because of its close proximity to the interstate and the abutments support- ing the Interstate overpass, it is the City's position that there should not be access to Stillwater Avenue from the limited frontage of this parcel. (Alan, such access would be in close proximity to the access drive to the First Realty site.) There have been a number of suggestions relating to combined access for the First Realty site and/or USDA site which could provide access to the parcel as well, but there have been no concrete solutions proposed for this access. use of the Garden way access tieing into Drew cane has been an issue with concerned neighbors in the Stillwater Gardens Subdivision. Not only is the Stillwater Avenue access a problem under existing conditions, but there is a proposed southbound on -rasp at this site which would make any such access impermissible under Federal Interchange requirements. d. Urban services. A full range of urban services are avail- able to this site. e. Decision Criteria. The governing criteria for a contract zone change are that the proposed zoning must be consistent with the City's Comprehensive plan; that the proposed sone change must be "consistent with existing uses in the area and permitted as es within the original zoning district." The requirementfor consistency of zoning with the Comprehen- sive elan applies to any zone change whether it's a contract or non -contract. Obviously. there is a potential conflict with use of this parcel for non-residential use since the City's policy for the area is for low-density residential use. However, the existence of two similar contract zone changes for abutting parcels to the north along the Stillwater Avenue frontage provides a basis for the city to legitimately justify such a zone change. The requirement that the uses be consistent with those i the area and with those permitted under the prior zoning is also somewhat in conflict as clearly the use e would be consis- tent with the two site developments to thenorth, but is not consistent with these uses permitted under the Low Density Residential District. The proposed contract conditions which limit gross floor area of the ultimate site development to 25,000 sq, ft.; which require a much smaller floor area ratio for the site than that permitted in the Shopping and Personal service District; and which limit lot coverage to considerably less than that permitted in the district, a well as requiring slightly less impervious surface on the site all serve to mitigate the impact of this site development on the adjacent area. These development standards would make the site devel- opment more compatible with development standards found in residential zoning districts. The 25,000 sq. ft. floor area limit also, indirectly, provides for a limit on traffic generation for the ultimate development of the site. The Institute of Traffic Rngineers trip generation for office uses (for buildings with less than 100,000 sq. ft. of floor area) indicates approximately 18 trips per thousand per week day for such uses. This would calculate to a cap of approxi- mately 450 trips per day for an ultimate build -out of 25,000 sq. ft. of floor area. f. Recommendation. if it were not for the impact of traffic on the Garden Way and Drew Lane section of the residential subdivision, the proposed zone change would not appear to have a serious impact an any adjacent development, especial- ly, since the site itself is not immediately opposite or adjacent to any developed or approved lots in the residen- tial subdivision. The present proposal is for approximately A 16,000 sq, ft. building to be constructed on the site which would not have traffic impact equivalent to that poten- tially available under the 25,000 sq. ft. cap. The Planning Board and City Council must decide whether the reuse of the site for non-residential, office use, (which appears more appropriate than residential use of the site) over weighs the potential for a negative impact by the traf- fic using the site through the residential street system. AeGgned to Councilor Sax CITY OF BANGOR (TITLE,) WTDRLIIargo AlandlnBJ.apd De'upieren5. Lode __. ......... Stillwater Avenue and Garden Way Be ft ordainad by the City C"Poil of his City OfEgftpor, As Allows 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 Stillwater Avenue and Garden Way (Tax Map No. 55, Part of Parcel NO. 12A) from Low Density Residential District to Shopping and Personal Service (Contract) District. Said Parcel of land containing approximately 100,000 sq. ft. and being more particularly indi- cated an the map attached hereto and made a part hereof. PROVIDED HOWEVER THAT, inaddition t0 the mandatory conditions imposed by Chanter VIII, Article 2. Section 6.6, of the Ordinanc- es o£ the City of Bangor, said change of zone is granted subiect to the following conditions: 1. The asand/Or operation of the subject premises shall be subiect to the following limitations and/or restrictions: A. Property will be used for professional office, therapeu- tic care or medical rehabilitation. B. Any buildings or land usedoroccupied and buildings erected, constructed, reconstructed, moved or structur- ally altered shall comply with the requirements Of Part 11 General Requirements and Part IV land Development Permit of Chapter VIII Land Development Code of the Ordinances of the City of Bangor and the following dimensional requirements: 1. minimum side yard building setback 15 ft. 2. maximum lot coverage 206 "'r IN CiTi, COUNCIL . Match 32,'1993 Passed as Amebae Ad ue Copy .�Attd t: aIty '''- k EXHIBIT B 96307 PG360 maximum building floor area ratio .30 maximum impervious surface ratio .6 buffer Yard minimum "C". 'Maximum gross flood area. 18,000 sq. ft. There will be no vehicular access to the property from Carden Way. All vehicular access virl be from Stillwater Avenue utilizing a existing curb cut on the abutting Property to the east 2. Execution by those parties with an interest in the af- fected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said ax ecuted agreement in the Penobscot County Registry of Deeds bythe 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 agree- ment is not s executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. I I I I I I I � E � I RP I 1 I BK5307 PG361 93-159 (AS AMENDED) I t I I -� � I 1 i i 1 i ' I 'IR 1 I � � okPSL- CQNTRA TA OBSCOT. ss REC'0 ® LDR TO S&P! 3QPR26 0006 CONTRACT ATJEs, eecisiea aK53O7 PG353 1)10441 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of 4,oaaL . , 1993, by and be- tween the CITY OF BANGOR, acipal corporation with a place of business located at 73 Harlow Street, mnrBangor, County of Penobscot, State of Maine and MRS, INC., a Maine corporation with its principal place of business being located in Brewer, County of Penobscot, State of Maine WITNESSETH: WHEREAS, MRS, INC. 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 Stillwater Avenue, and being part of the parcel identified o City of Bangor Assessor's Map No. 55, Lot 12A, and being a portion of the land more particularly described in a deed from dAC/CO/SAC to MRS, INC., dated March 22, 1991, r orded in the Penobscot County Registry of Deeds in Volume 4807, Page 212; 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 a contract a change, so-called, to reclassify said parcel ofland (said parcel hereinafter being referred to as the "subject premises") said parcel comprising a land area of approximately 100,000 sq. ft., all asset forth in Exhibit A attached hereto and incorporated herein by reference, from a Law -Density Residential District to a Shopping S Personal Service District under the Land Development Code of the City of Bangor, said application proffering certain conditions o astrictions relating to the physical development and/or operation of the subject premises; and WHEREAS, subsequent to a public hearing on the matter, and after due consideration given to the recommendations of the Planning Board, the Bangor City Council adapted Council Ordinance 93-159 (as amended), whereby it reclassified the subject premises from Low Density Residential District to Shopping 6 Personal Service District under the Land Development Code of the City of Banger subject to certain restrictions and/or conditions, a copy of said Council Ordinance 93-159 (as amended) 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 Low Density Residential District to Shopping 6 Personal Service District under the Land Development Code of the City of Bangor, the parties hereto agree as follows: 1. HAS, INC., its successors v and assigns, hereby covenant and agree e that the u occupancy and/ordevelopment of the subjectem prises, i addition toother applicable laws, ordinances, or regulations of the City 1 ax5307 PG354 ofBangor, shall be subject to the following restrictions and/or condi- tions on the physical development or operation of said property: A. Property will be used only for professional, therapeutic care or medical rehabilitation purposes. B. Any buildings or land need or occupied and buildings erected, constructed, reconstructed, moved c structurally altered shall comply with the requirements of Part II General Requirements and Part IV Land Development Permit of Chapter VIII Land Development Code of the ordinances of the City of Bangor and the following dimensional requirements: 1. minimum side yard building setback 15 ft. 2. maximum lot coverage 20% 3. maximum building floor area ratio .30 4. maximum impervious surface ratio .6 5. buffer yard minimum "C" 6. Maximum gross floor area 18,000 sq. ft. C. There will be no vehicular access s to the property from Garden Way. All vehicular access will be from Stillwater Avenue utiliz- ing an existing curb cut on the abutting property to the east. 2. The Owner hereby agrees that the above -stated restrictions, provi- sions, conditions, covenants, and agreements are made an essential part of n this Agreement, shall r with the subject premises, shall bind the own- ers. its -sits s sors and assigns, to or of said property or any part there- of or any interest therein, and any party in possession oroccupancy 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 they, or any person claiming under or 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 restric- tions, 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 viola- tions of this Agreement in the same manner that it is autho- rised to prosecute violations under the Land Development Code of the City of Bangor in effect at the time of said solations. For the purposes herein, aviolation of this Agreement shall be deemed a violation of said Land Develop- ment Code and shall be subject to the penalty provisions of said Code in effect at the time of violation. each day that violation is permitted to exist after notification of the same pursuant to said Cade shall constitute a separate of- fense. 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 2 BK5307 PG355 institute any and all actions or proceedings, including the right to enforce all the terms and provisions of this Agree- ment 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 it the owner or owners of abutting parcels to object to any violation, however long continued, or to enforce any restrictions, provisions, conditions, covenants, or agreements contained in this Agreement shall in o event be deemed a waiver of the right to do so thereafter as to the same breach or solation or as to any breach or violation occurring prier toor subse- quent 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 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 codeof the city of Bangor, shall be treated as an amendment to said Ordinance and shall be processed accordingly. S. 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 para- graph 1, subparagraphs A., B., and C., above, subject to the restrictions, provisions, conditions, covenants, and agreements contained in this Agree- ment, shall be allowed to continue as a nonconformity or informing 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 93-159 (as amended) or the terms if this Agreement. 7. 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 institu- tional by any court if competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such determina- tion shall not affect the validity if 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., B., and C., above, are invalidated or such other provi- sion is invalidated so as to constitute a material change in the restric- tions, provisions, conditions, covenants, and agreements negotiated by and between the parties, the City of Bangor or abutting land i shall have the power to seek a reversion and/or change of thezoning of the subject premises to the current zoning classification as may be in effect at the time if the processing if any such reversion and/or change. Said rever- sion and/or change may be initiated byas representative of the City of 3 A5307 PG356 Bangor or an abutting property owner to the subject premises, shall be processed in accordance with theprocedure 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 pre- mises n the event that the City of Bangor or abutting land onera are deprived of the conditions negotiated to minimize the negative external - ties of the requested rezoning. B. Except as expressly modified herein, the use and occupancy of the subject premises shall be governed by and comply with the provisions of the Land Development Code Ordinance of the City Of Bangor and any applica- ble amendments thereto or replacement thereof. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. MRS, INC. BY: ar to ses W. Parker is Vice President CITY OF B�A�NGOORR/////� BY2-g lA SAZ Wj as Edward A. Baer tt Its City Manager STATE OF MAINE Penobscot, as., lq)zpo -Q_ as 1993 Then personally appeared the above-named James W. Parker and acknowledged the foregoing to be his free act and deed and the free act and deed of the said corporation. Before me, II n My commission expires 312/95 a L AA 4 Printed Name., gRLR i. f)REBLE Notary Public J'. vey aw . _.. , 4 12, nit BK5307 FG357 STATE OF MAINE Penobscot, as. / a L ,1993 Then personally appeared the above-named Edward A. Barrett and acknowl- edged 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, Printed dame: Notary Public TERRI LEE WREY Notary Public, Win of Malde PAY comm. erplres f 2/26/96 aa5307 PG356 a 93-159 (As AMENDED) I`%r / 'v ,S`$PS LDR ..IO S&PS CONTRACT EXHIBIT A i i 1 I _J 1 � I i I ' I 1 r 1 � � I`%r / 'v ,S`$PS LDR ..IO S&PS CONTRACT EXHIBIT A MEMORANDUM DATE: July 27, 1993 TO: Russ McKenna, City Clerk FROM: Lynn Johnson, Planning Secretary SUBJECT: Original Copy of Contract Zone Change Agreement - C.O. # 93-159 (As Amended) Attached i9 the Original copy of the Contract Zone Change Agreement between the City of Bangor and MRS, INC. for property located on Stillwater Avenue. Please keep this on file with C.O. # 93-159 (As Amended) G.P.J. 95-159 (AS AMENDED) Awagned WCouncilor .,n CITY OF BANGOR (TITLE.) Mriiri=t, Amending Land Development. code Stillwater AvenueandGarden Way Be k ordahad by Us City Cousdit of Be city WBasyor, as foyawe: THAT the zoning boundary lines as established by the Zoning Hep of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as fellows: By changing a part of a parcel of land located on Stillwater Avenue and Garden way (Tax Hap No. 55, Part of Parcel No. 12A) from Low Density Residential District to Shopping and Personal Service (Contract) District. Said Parcel of land containing approximately 100,000 sq. ft. 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 c - es the City of Bangor, said change of zone is granted subject to the following conditions: 1. Thesa and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. Property will be need for professional office, therapeu- tic care or medical rehabilitation. B. My buildings or land used or occupied and buildings acted, constructed, reconstructed, moved or structur- ally altered shall comply with the requirements of Part 11 General Requirements and Part IV Land Development Permit of Chapter VIII Land Development Code of the Ordinances of the City of Bangor and the following dimensional requirements: 1. minimum side yard building setback 15 ft. 2. maximum lot coverage 201 93-159 (AS AMENDED) 3. maximum building floor area ratio .30 4. maximum impervious surface ratio .6 S. buffer yard minimum "C". 6. Maximum gross floor area 18,000 sq, ft. C. Access to the parcel subject to this contract sone change will be allowed from Stillwater Avenue through a single conditional curb cut. If the City determines, in its sole discretion, that the conditional curb cut should be closed off and its use discontinued, the owner, his heirs. successors o assigns shall close the conditional curb cut and discontinue its use and shall construct or otherwise build an access road or other way from the parcel subject to this contract zone change acceptable to the City. All costs associated with closing and discontinuingthe conditional curb cut and constructing or building the new access road or other way shall be borne by the owner, his heirs, successors or assigns. 2. Execution by those parties with.an interest in the af- fected 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 agree- ment is not so executed within ninety (90) days from the date of Passage hereof, this Ordinance shall become null and void. 93-159 -159 (N 53PNENDED) I I L' ' xkps 1 � I 1 I I I I I I I I 1 I 1 , I I L' ' xkps FEB II '93 09;31 Me O BAr M 207?390341 P,2 TOt THE CITY COUNCIL AND DATE February 11, 1993 THE PLANNING BOARD OF BANGOR. NAINES N0. 1. I(WE) Mrs. Inc 2. of P.O. Bax 539 Brewer, ME 989-4826 Addrece City 'at Poet Of£ic¢ Telephone hereby petition to amend the Land Devpm alo 1 0nt Coda of the City of district diistrMine theS y APS PS free LOB district which £or Che Property his app) in Sed on the maps attached hereto• Which are part of this application, and described as follows 3. ADOEESS OF PEOPERTY (if any) MIA i Total Area (acres or square fast).M:000 x Sp. ft. (2.9 acres+) 4. PROPERTY LOCATION (General location):. Exasple - South aide of State Street 400 yards. East of Pine St}eRt Westerly side of Stillwater Avenue between RealtyI World and I-95. 5. LEGAL. DESCRIPTION OF PRGPRRTT - Asseasor'si Hap No. 55 Parcel 12A 6. EXISTING USE: Vacant 7. PROPOSED OSE: Therapeutic/Sports Medicine Fa€lily 8. NAME hND ADDRESS OF OWNER OF RECORDS Name) 9. ERNE AAD ADDRESS OF CONTRACT OWNER (if such): Mrs Inc 10. SIGAATVAE OF. OWNER OR CONTRACT ONNEAS 11. REPRESENTATIVE OF APPLICANT, flame 6.E..., loc., Donald S. Becker. P (if applicable) Addtees 465 Sou [X Main 5L, Brewer, ME 0 12. ATTACK ANY CONDITIONS PROPOSED FOR A CONTRACT EONS REQUEST. Application fee Procaseiha Advertiaina Total Zone Change (1/2 acre or lees). - $273.50 $200.00+ $473.50 Zone Change (in excess of 1/2 at") $437.75'1 $200.00* $656.75 Contract zone Change $656.50 1 $250.00* $906.50 *Twp Ade Required PLEASE READ PROCESSING PROCEDURE OR REVERSE SIDE THE FOLLOWING PEOPLE ARE ASSOCIATED WITH: 'Barney Silver — JamesParker -- Shawn Small " -- NECEIVEO Fig 1 7X531! FOR PROPERTIES OF MRS, INC. AND NIP JAC-CO-SAC 1. Contract some change to cover two parcels, see map V,' NIP JAC-CO-SAC 24,474 sq. feet Mrs. Inc. 103,343 sq. feet 2. Property will be used for professional office, therapeutic care and medl rehabilitation. yz . R 3. Any buildings or land used or occupied and build' erected, constructs' motufnuted, moved, oz stnxnually altered shalt comply with the requireme of PartlIGenexalRequtrementsand PartrV Und Development Permit of Chapt ^ VIII Land Development Code of the OMInances of the City of Bangor and titer. following dmerulonal requirements: a. minimum side yard building setback 13 it. !{ b. mi dmum building height 40 ft C. madmum ]at coverage 20% r(, d. maAmum building floor area ratio 30% e. maximum impervious surface ratio 60% .. f. buffer yard minimum "C" g. maximum Floor area 25,000 sq. ft. 4. Construction access will not be from Garden Way. NECEIVEO Fig 1 7X531! Excerpt from Staff Memorandum for March 2, 1993 Planning Beard Meeting. PDALIC HEARINGS Item No. 2: Amending Land Development Cede - Stillwater Avenue and Garden Way - MRS. INC. - C. O, Y 93-159 a. General Description. Applicant requests a contract zone change from Low Density Residential District to Shopping and Personal Service District for a parcel containing approxi- mately 105,000 sq. ft. located between the Interstate, Still- water Avenue and Garden May. This parcel was before the Planning Board on a previous occasion (August 20, 1991) for a similar request. That request was recommended by the Board but turned down by the Bangor City Council. The history of this area is s that there was an initial con- tract zone change for theparcel immediately to the eastof this Parcel to allow an existing home to be used for a real estate office. Subsequently, there was a contract zone change for a parcel located east of the First Realty parcel (aforementioned) for a contract zone change for the site development abutting Drew Lane (which is now used by the U.S. Department of Agriculture Offices). That parcel had contained a single-family dwelling which was removed for the USDA Building Project. b.d d 1' This area, which includes all of the land on both sides of Stillwater Avenue and northwest of I-95, is proposed for low-density residential use in the City's Land Use Policy section of the Comprehensive Plan. As noted above, there are two contract zone changes for office uses along the Stillwater Avenue frontage of this area. These two non-residential site developments on Stillwater Avenue represent a contrast in zoning policy to the land use policy for low-density residential in this area And would provide the only justification for granting the contract sone change request before you. The adjacent mobilehome perk and Stillwater Gardens residential Subdivision are both zoned Low Density Residential. C. Existing Conditions. The existing parcel is presently bound- ed by wetlands to the west and southwest (a corner of the lot is zoned Resource Protection); the Interstate 95 right-of-way to the southeast, fifty feet of frontage on Stillwater Avenue an the easterly end of the parcel and the First Realty office (Shopping and Personal Service Contract District) on the north side of the parcel. Garden Way, an extension from the north from Drew Lane, the primary access mad to the Stillwater Gardens Subdivision, is proposed to extend along the westerly boundary of this parcel. The parcel is somewhat uniquely located due to the wetlands, the interstate, and the adjacent office site. Access to the site has been an issue when its development has been discussed on previous occasions. Because of its close proximity to the Interstate and the abutments support- ing the Interstate overpass, it is the City's position that there should not be access to Stillwater Avenue from the limited frontage of this parcel. (Also, such access would be in close proximity to the access drive t0 the First Realty site.) There have been a number of suggestions relating to combined access for the First Realty site and/or USDA site which could provide access to the parcel as well, but there have been no concrete solutions proposed for this access. Use of the Carden Way access tieing into Drew Lane has been an issue with concerned neighbors in the Stillwater Gardens subdivision. Pot only is the Stillwater Avenue access a Problem under existing conditions, but there 1s aproposed outhbound en -ramp at this site which would make any such access impermissible under Federal Interchange requirements. d. Urban Services. A full range of urban services are avail- able to this site. e. Decision Criteria. The governing criteria for a contract zone change are that the proposed zoning must be consistent with the City's Comprehensive Plan; that the proposed zone change must be "consistent with existing uses in the area and permitted uses within the original zoning district." The requirement for consistency of zoning with the Comprehen- sive Plan applies to any zone change whether it's a contract or non -contract. Obviously, there is a potential conflict with use of this parcel for non-residential use e since the City's policy for thea a is for low-densityresidential use. However, the existence of two similar contract sone changes for abutting parcels to the north along the Stillwater Avenue frontage provides a basis for the city to legitimately Justify such a zone change. The requirement that the uses be consistent with these in the area and with those permitted under the prior zoning is also somewhat in conflict as clearly the use would be consis- tent with the two site developments to the north, but is not consistent with those uses permitted under the Low Density Residential District. The proposed contract conditions which limit gross floor area of the ultimate site development to 25,000 sq, ft.; which require a much smaller floor area ratio for the site than that permitted in the Shopping and Personal Service Distract; and which limit lot coverage to considerably less than that permitted in the district, as well as requiring slightly less impervious surface on the site all serve to mitigate the impact of this site development an the adjacent area. These development standards would make the site devel- opment more compatible with development standards found in residential zoning districts. The 25,000 sq. ft. floor area limit also, indirectly, provides for a limit an traffic generation for the ultimate development of the site. The Institute of Traffic 8n9ineers trip generation for office uses (for buildings with less than 100,000 sq. ft. of floor zea) indicates approximately 18 trips per thousand per week day for such uses. This would calculate to a cap of approxi- mately 450 trips Per day for an ultimate build -out of 25,000 sq. ft. of floor area. f. Recommendation. If it were not for the impact of traffic on the Garden Way and Drew Lane Section of the residential subdivision, the proposed zone change would not appear to have a serious impact on any adjacent development, especial- ly, since the site itself is not immediately opposite or adjacent to any developed or approved lots in the residen- tial subdivision. The present proposal is for approximately R 16,000 sq. ft. building to be constructed on the site which would not have traffic impact equivalent to that poten- tially available under the 25,000 sq. ft. cap. The planning Board and city Conncil must decide whether the rouse of the site for n -residential, office use, (which appears more appropriate than residential use of the site) over weighs the potential for anegative impact by the traf- fic using the site through the residential street system. 93-159 7. - maximum building floor space to lot ratio 30% S.impervious surface ratio 60% 9. buffer myard minimum "C". C. RO direct access from the site to Stillwater Avenue except for construction activity. Construction access will be primarily from Stillwater Avenue. 2. execution by those parties with an interest in the af- fected 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 agree- ment is not so executed within ninety (90) days from the date of passage hereof, this Ordinance. shall become null and void. FEB 11 '93 09-141 CITY eF BWCM 2079N7urMI TOr THE CITY COUNCIL AND THE PLANNING BOARD OF BANGOR, NAINES 1. I(WE) Mrs. Inc 2. of P.O. Box 639 Brewer. ME hereby petition to amand the Land D Bangor, Raine by reclassifying from Part of thio application, and describe 3. ADDRESS OF PRGPRRTY (if any) M/A Total Area (acres or square feet) _ 4. PROPERTY LOCATIGN (General location)[ State Street 400 yards. East of Pine Westerly side of Stillwater Avenue between Re S. LBGAL DESCRIPTION OF PROPERTY - Assesn 6. EXISTING DBE[ Vacant 7. PROPOSED USE: Therapeutic/Sports Medicine S. NAME AND ADDRESS OF OWNER OF RECORD: N, 93-159 P.2 sent Code of the City of LOA 9, BANS AND ADDRESS OF CONTRACT. OWtER (if such)s Mrs Inc. 30. SIGNATURE OF OWNER OR CONTRACT ONRERI . 41-Pwll 11.REPRESENTATIVE OF APPLICANT[ Name C.E. ., Inc.. Donald S. Backer, P.E. (if applicable) i Address 465 South Main St., Brewer, ME 04412 12. ATTACH ANY CONDITIONS PROPOSED FOR k" CONTIIACT ZONE RE90EST. RETURN LZ IVI I N BM Application fee _ Proceaeiha AdyeXcisino Total Zone Change (3/2 acre or leas) $273,50 $200.00* $473.50 Zone Change (in excess of 1/2 acre) $437.75-j $200.00* $656.75 Contract Zone Change $656.50 $250.00* $906.50 *Two Ade Requirad PLEASE REM PROCESSING PROCEDURE ON REVERSE SIDE district for the :had hereto, I follows. which are 000 ± so. ft. 12.9 acresx sple feet World Rap - South and I-95. No. 55 aide of Parcel 12A i 1'ro P.O. Box 639, Brewer, ME 04412 9, BANS AND ADDRESS OF CONTRACT. OWtER (if such)s Mrs Inc. 30. SIGNATURE OF OWNER OR CONTRACT ONRERI . 41-Pwll 11.REPRESENTATIVE OF APPLICANT[ Name C.E. ., Inc.. Donald S. Backer, P.E. (if applicable) i Address 465 South Main St., Brewer, ME 04412 12. ATTACH ANY CONDITIONS PROPOSED FOR k" CONTIIACT ZONE RE90EST. RETURN LZ IVI I N BM Application fee _ Proceaeiha AdyeXcisino Total Zone Change (3/2 acre or leas) $273,50 $200.00* $473.50 Zone Change (in excess of 1/2 acre) $437.75-j $200.00* $656.75 Contract Zone Change $656.50 $250.00* $906.50 *Two Ade Requirad PLEASE REM PROCESSING PROCEDURE ON REVERSE SIDE 93-159 CES CONDITIONS FOR PROPOSED CONTRACT ZONE FOR PROPERTIES OF MRS. INC. AND NIF 7AC-CO-SAC 1. Conhad zone change w mver two parcels, see map NIF Jac -CO -SAC 24,424 sq. feet Mrs. Inc 103,343 sq. feet 2. property will be used for professional office, therapeutic care and medical rehabilitation. 3. Any buildings or land used or occupied and buildings erected, constructed, mornstmcted, moved, or structurally, altered shall comply with the requirements of Part 11 General Requbements and part IV Land Development Permit of Chapter VM Land Development Code of the Ordinances of the City of Bangor and the following dimensional requirements: a. minimum front yard building setback 40 ft. b, minimum side yard building setback 15 R. c. mirdmvm rear yard building setback 25 ft. d. minimum parking lot setback 10 ft. e. madmum building height 40 ft. I. mammon building footprint to lot ratio 20% g. ma)dmum building floompare Io lot ratio 30% h. maximum impervious surface ratio 60 % I. buffer yard minimum ^C^ 4. No direct access from the site to Stillwater Avenue except for construction activity. Conahuction access will be primadly from Stillwater Avenue.