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HomeMy WebLinkAbout1993-04-26 93-233 ORDINANCEData June lt, Y1993 Item No. � Amending Land Development Code - 100 C grass Street mam/pubirsm C.O. N 93-233 (As Amended) Rao emlble Deperlotar: Fleming Division Commatery: The Planning Board held a public hearing on the above -noted contract zone change reqUest att its regularly sebedulea meeting of Alae 18, 1993. At the Ma}= 18th public hearing, Karmeth,L. Jordan, Esq, represented t*o applicant and stoke in favor of the. proposed esetre.et conditions. At the June 1, 1993 meeting, Mr. Jordan was present to discuss an emended at Of contract conditions. The Board moved, seconded end approved a motion to emend the proposed contract conditions. The Board than passed a action, by a vote of 3 to 2 to rxmeend to the City Council that the contrast sone change contained in D.C. 893-233 (As Amended) be approved. a� mocreacm usidj Marrpr's congresses;.yII ,. s; /U�TG Tilt (IT01 4#OA)hEp 3y su�WMA) Ciy Maxp AfS/Oe�la/ta�d� Information: p�jyNr/ m¢OI J Weser Approval: go FwsefNrsm Leal Approval: 717i5f/VC 6d`/(ma lYf va p'l P//w( Pl szo .C' y5Nia Ile a,n.CndmeI PW jeplJKA doiv da/r`. InrroduoW For ®Panops ❑ First Reading Pops _. of _ ❑Referral _ arc 5416-2R§07.7 (AS AMENDED) Amassed to Councilor CITY OF BANGOR (TITLE.) (OrMIMILC8t Anding Land ueveIopment code 100 Congress Street Be it ordained W the IXfy Cmmelt of the City dBanyer, "(allows: THAT the zoning boundary linea 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 parcel of land located at 100 Congress Street (Tax Map No. 38, Parcel No. 140) from Urban Residence 2 District to Government and Institutional Service (Contract) District. Said parcel of land containing approximately 10.,400 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 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 fallowing limitations and/or restrictions: A. The Owner shall not altar the residential character of the building. B. The Owner shall not alter the eaves line or the roof line of the,existing structure. C. The Owner shall not increase the gross floor area in theexisting structure through new construction. D. The Owner shall not add additional off-street parking to the site and shall not add any additional vehicular access from Congress Street to the site. - 0 E. The owner shall use the building only for. hospital A� administration office apace. CITY COUNCIL July, 12, 1993 Passed as Amended by Substitution - ATrue � copy; Attest: CITY CLARK 9A5418 PG078 z 2. Execution by those parties with an interest in the af- fected property of a agreement providingfor 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 Oeeds by the property owner, a copy of aid agreement being on file in the office of the City Clerk and incorporated herein by reference. in the event that said agree executedmeat is not so ithin passage hereof,this odinance shall ybecome null£and void,rom the of PENOBSCOT- ss RECD - 93 AUG 31 PN 2* 57 ATTEST: c REGISTER CCS, 4 &~^ - 93-233 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. ()% Q04 CONTRACT ZONING AGREEMENT "X5418 PG071 THIS AGREEMENTrsgg��tla asof . ttsT 3/ 1993, by and between the CITY OFB�iOR,a municipal corporation with a place of business located at 73 Haklow Street, in Bangor, County of Penobscot, State of Maine and M S J COMPANY, anon -profit Maine corporation with its place of business located in Bangor, County of Penobscot, State of Maine WITNESSETH: WHEREAS, M 6 J COMPANY is the owner of record of a certain parcel of land situated in Bangor, County of Penobscot, State of Maine, said land being located at 100 Congress Street, and being identified onCity of Bangor Assessor's Map No. 38, as Lot 140. Reference may be had to a deed recorded um in the Penobscot County Registry of Deeds in Vole 3449 , Page 358 , for a more particular description of said land; and WHEREAS, pursuant to 30-A M.R.S.A. Section 4352 and Chapter VIII, Article 2, Sec. 6.6 of the Laws and Ordinances of the City of Bangor, application was made fora contract zone change, 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 10,400 sq. ft., all set forth Exhibit rAattached hereto and incorporated herein by reference, from an Urban Residence 2 District to a Government and Institutional Service District under the Land Development Code of the City of Bangor, said application proffering certain conditions or 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 adopted Council Ordinance 93-233 (as amended), whereby it reclassified the subject premises from an Urban Residence 2 District to a Government and Institutional Service District under the Land Development Code of the City of Bangor subject tocertain restrictions and/Or conditions, a copy of said. Council Ordinance93-233 (as ended) and the astrictions and/or conditions contained therein being attached hereto as Exhibit H and incorporated herein by reference. NOW THEREFORE, in consideration of the reclassification of the subject premises from an Urban Residence 2 District to a Government and Institutional Service District under the Land Development Code of the City of Bangor, the parties hereto agree as follows: BK5418 PG072 1. M A a COMPANY, its successors and assigns, hereby covenants and agrees that the use, cupancy and/or development of the subject premises, n addition to other applicable laws, ordinances, or regulations of the City of Bangor, shall be subject t0 the following restrictions and/or conditions on the physical development or operation of said property: A. The Owner shall not alter the residential character of the building. B. The Owner shall not alter the eaves line or the roof line of the existing structure. C. The Owner shall not increase the gross floor area in the existing structure through new construction. D. The Owner shall not add additional Off-street parking to the site and shall not add any additional vehicular access from Congress Street to the site. E. The Owner shall use the building only for hospital administration office space. 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 its successors and assigns, t0 0 of said property or any part thereof o anyinterest 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 owners of any abutting parcels of land. 3. The Owner hereby agrees that it, Or any person Claiming under Or through it, shall at any time violate or attempt t0 violate, or shall omit to perform or observe anyone or more of the foregoing restrictions, provisions, conditions covenants, and agreements, the city of Bangor and the (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 solations of this Agreement in the same manner that it i authorized to prosecute violations under the Land Development Cede of the city of Bangor in effect at the time Of said violations. For the purposes herein, a violation of this Agreement shall be deemedaviolation 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 owners of parcels of land which abut the subject premises shall have the right to institute any and all actions Or proceedings, including the B954 18 PG073 right to enforce all the terms and provisions of this Agreement by injunction, legal and equitable actions and all other lawful process for the enforcement of the same. The Owner further agrees that the failure of the City of Bangor or the owner or owners of abutting parcels to object to any violation, however long continued, or to enforce any restriction, provisions, Conditions, covenants, or agreements contained In this Agreement shall in ovent be deemed a waiver of the right to do so thereafter as to the same breach or violation or as to any breach or violation occurring prior to or subsequent thereof. 4. The City of Bangor and the Owner hereby agree that the provisions of this Agreement shall regain 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 Code of the City of Bangor, shall be treated as an amendment to said Ordinance and shall be processed accordingly. 5. The parties hereto hereby agree that nothing in this Agreement shall be construed so aer s to preclude the future a of the Bangor City Council's legislative authority relative to thezoning 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., B., C., D. and E., above, subject to the restrictions, provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continuer nonconformity 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, toany and all rights to challenge the validity of Council Ordinance 931333 (as amended) or the terms of this Agreement. 7. The parties hereto hereby agree that if one of the astrictions, 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,s uch portion shall be deemed a separate, distinct and independent provisionand 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., B., C., D., and E., above, are invalidated such other provision is invalidated so as to constitute a material change inthe astrictions, 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 arn n and/or change of the zoning Of the subject premises to the current o zoning classification as may bei 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 BK5418 PGO 74 Bangor or an abutting property owner t0 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 sone change applications. It being the intent of the parties hereto that the owner shall not be allowed to benefit from theechange for the subject premises in the event that the City of Bangororabutting land owners are deprived of the conditions negotiated to minimise the negative externalties 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 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. M 6 T COMPANY ems_ _'tw- l - Witness Sister Mary Norberto, c.s.H.F. Its President CITY OF BANGOR BY Wi assp� �� Edward A.Barret ���/// Its City Manager OK5418 PG075 STATE OF MAINE //�� Penobscot, as., /�� - a,�,�y jp 1993 Then personally appeared the above-named Si''""stOOeAAr� Mary Norberta and acknowledged the foregoing to be her free act and deed and the free act and deed of said M 6 J Company. Before me, e. Printed Name: adre/�i17 Justice of the Peace Notary Public CaPaLG MlRRI Attorney at Law WCCIg1dEY11ppv[mfl19,1W1 STATE OF MAINE Penobscot, as. i /v,pU,4- 3/ , 1993 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 Manager and the free act and deed of said City of Bangor. Before me, V� Printed name TER IUECOREY jew� Q#yptary Putts, Slate of Maine Notary Public —may comm. exgtes 19/23198 93-233 BK5418 P00]( IM URD=2 TO G&ISD CONTRACT -f -I ■ I I L � t UADA -1 yIt O -r -- ■• ------V- G -- �u -2i _a NGRESS - T--- -R7 UR 1 EXHIBIT A 93-233 (AS AMENDED) Assigned to Cmmegor CITY OF BANGOR (TITLE.) VtlT1btrMtrI. Amending Lena beveloweof Code ........ ..... 100 Congress Street Bell ordained by ate City Couail of the City ofBampor, As tollomz: 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 parcel of land located at 100 Congress Street (Tax Map No. 38, Parcel No. 140) from Urban Residence 2 District to Government and Institutional Service (Contract) District. Said parcel of land containing approximately 10,400 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 the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use e and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The Ower shall not alter the residential character of the building. B. The Owner shall not alter the eaves line or the roof line of the existing structure. C. The Ower shall not increase the gross floor a in the existing structure through new construction. D. The Owner shall not add additional off-street parking to the site and shall not add any additional vehicular access from Congress Street to the site. R. The Owner shall use the building only for hospital administration office space. 2. Execution by those parties with aninterest in the af- fected property of a 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. 9]-Z� CONTRACT --- --- L ■ I i ■ G&ISD------- V ZiFm - #s.■a . . i - -U_ UR13 1 T - -R -D- I P&O APPLICATION FOR I,ASD DEVELOPMENT CODE AND MAP AMENDMENT TO: THE CITY COUNCIL ARD DATE THE PLANNING SOARD OF BANGOR, MAINE: NO. 1. I(WE) N&I cam3nv 2. of 297 Center Street, Bangor, ME - (207) 947-8311 Addreee City or Poet Office Telephone hereby Petition to amend the Land Development Code of the City of Bangor, Maine by reclassifying from Urban Residence district to the Govermnent & Institutional Servdistrict for the Property outlined in red on the mape attached hereto, which are part of thfa application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 100 Congress Street Total Area (acres or square feet) 10,400 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East of Pine Street 5. LEGAL DESCRIPTION OF PROPERTY - Asaeaeore Map No. 38 Parcel 140 6. EXISTING USE: Residential 7. PROPOSED USE: Hospital Related Offices S. EASE AND ADDRESS OF OWNER OF RECORD: Name MaJ Canpany .(¢t�C. Bangor, NE Addreae ---�- 4 �9. NAME AND ADDRESS OF CONTRACT OWNER -(if such): Mone /ia/ SIGNATURE OF OWNER OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT: Wore Kenneth L. Jordan, Jr., Esq. (if applicable) Atldraea 26-28 Columbia SL, Bangor, !9E 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT NONE REQUEST. RETURN FORM & DUPLICATE TO PLANNING D VISI IT ME. Aoolication fee processing Advertisinc Total Eons Change (1/2 acre or less) .$273.50 $200.00• $473.50 Kone Change (in eecess of 1/2 -acre) $437.75 $200.00* $656.75 Contract Zone Change - - $656.50 $250.00* $906.50 *Twn Ade Required PLEASE READ PROCESSING PROCEDURE ON RSVERSE SIDE L c;Lkr0 re 3 S } 1. The Owner will not alter the residential character of the building. 2. The Owner will not alter the eve line or the roof line of the existing structure. 3. The Owner will not increase the gross floor area in the existing structure through new construction. 4. parking to the wnsiteill not and willdnotdaddi any Off additional street additionalvehicular access from Congress Street to the site. 5. The Owner will use the building only for hospital administration office space. 93-233 Aaared to Councilor Shubert April 26, 1993 CITY OF BANGOR (TITLE.) tNTbipCIL ID81 kmendingLanaDeYeloWent Code 100 Congress Street _......... _ Beit ordained by Ns City Conned of tht City Witangor, as ldlswe: 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 parcel of land located at 100 Congress Street (Tax Map No. 38, Parcel No. 140) from Urban Residence 2 District to Goverment and Institutional Service (Contract) District. Said Parcel of land containing approximately 10,400 sq. ft. and being more particularly indicated on the map attached hereto and made apart hereof. PROVIDED HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, section 6.6, of the Ordinate - as of the City of Bangor, said change of sone 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 Owner will not alter the residential character of the existing structure. B. The Owner will not alter the eaves line or the roof line except as may be required or permitted by city building codes. - C. The Owner will net increase the grass floor area in the existing structure through new construction, except as Permitted by the zoning ordinance and building codes. D. The Owner will not add additional off-street parking to the site and will not add any additional vehicular access from Congress Street to the site. 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 s cuted within ninety (90) days from the date of passage hereof,ethis Ordinance shall become null and void. 93-233 asp I a O ME TO: THE CITY COUNCIL AND DATE THE PLANNING HOARD OF BANGOR, MINE: NO. 1. I(WE) mI Cammnv 2. of 297 Center Street, sensor, NE (207) 947-8311 Address Clty or Poet. Offiee Telephone hereby petition to aswM the Land Development Code of the City of Bangor, Maine by reclassifying free urban Residence district to the Goverment s Institutional Servdistriet for the property outlined in red on tM maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 100 Congress Street Total Area (acres or square feet) 10,4: 4. PROPRRTY LOCATION (General location): Sample - South aide of State Street 400 yards. seat of Pine Street 5. LEGAL DESCRIPTION OF PROPRRTY Assessors Rep Re. 38 parcel 140 6. EXISTING USE: Residential 7. PROPOSED USE: Hospital Related Offices B. RANGE AND ADDRESS OF OWNER OF .RECORD:- Name MiJ Company ba b..e w Address Bangor, ME 9. NA1@ AND ADDRESS OF CONTRACT OWNER (if suc/h): None SIGNATURE OF OWNER OR CONTRACT UNEERf 9 31. ifHpliOF APPLICANT: Rome Kenneth L. Jordan, Jr., Esq. ( applicable) (if applicablecable ) 'Address 26-28 Columbia S0., Bangor, Me 12. ATTACK ANY CONDITIONS PROPOSM FOR A CONTRACT ZONE REQUEST. RETURN FORK & DUPLICATETO &INC DIVISION, cm Aoolfcetion fee pro seine Advert£a£va y 1 Sone Change (1/2 acme or lase) :$273.50 -$200.00• $473.50 Zone Change (in excess of 1/2 :acre) $437.75 $200.00* $556.75 Contract Sona Change $655.50 " $250.00* $906.50 -*Two Ads Asgulred PLMASE READ PROCESSING PROCEDURE ON REV .RM SIM PROPOSED CONTRACT ZONE CHANGE CONDITIONS MED COMPANY, 100 CONGRESS STREET, BANGOR 1. The Owner will not alter the residential character of the existing structure. 2. The Owner will not alter the eves line or the roof line except as may be required or permitted by City building codes. 3. The Owner will not increase the gross floor area in the existing structure through new construction, exceptas permitted by the zoning ordinance and building codes. 4. The Owner will not add additional off street parking to the site and will not add any additional vehicular access from Congress Street to the site. TO GMSD 4. URDE1, - - P&O J At I Excerpt from Staff Memorandum - June 1, 1993 Meeting OLD BUSINESS Item No. 5: Contract Zone Change - M 6 J Company - 100 Congress Street - C.O. A 93-233. a. Applicant requests a zone change form Urban Residence 2 District to a Contract Governmental and Institutional Service District at 100 Congress Street. b. The Board will recall this item was continued from the last meeting in order to revise the contract conditions to address concerns of the Board and t0 make them m specific. Upon r of the revised conditions, s r it appears that s of the Board's concerns have been addressed. Condition p2 has been revised to state that the save line or roof line will not be altered. In addition, a condition was added to limit the proposed use to hospital administration office owes. However, the conditions still allow for the expansion of floor area within the building and the conditions do not adequately address concerns regarding parking and vehicle access from Congress Street. Item No 4: Amending Land Development Code - 100 Congress Street - H & J Company - C.O. 4 93-233 e 1 Descri2lLga. Applicant requests a zone change from Urban Residence 2 District to Government and Institutional Service District for a 10,400 sq. Et, parcel containing an existing single-family residence. Applicant proposes a contract zone change for this parcel located on Congress Street between Center Street and what was formerly Preach Street. (See conditions proposed on enclosed Council Order.) The applicant corporation is a related entity to St. Joseph Hospital and the proposed use of the residential structure, should the zoning be changed, is for "hospital related offic- The Hospital has indicated that this is a projected short-term use of the residential structure for necessary office apace until other floor area can be provided. A number of years ago the Hospital developed a sort of long-range plan for expansion of its campus in this area and came to the City with a request to amend the City's Land Use Plan in the area to accommodate its growth. As indicated on the Exhibit supporting the Comprehensive Plan amendment at that time and on the detailed maps showing various parcels in the block bounded by center/Congress/Broadway, it was agreed to provide protection to the residential area by maintaining the residential uses along the Congress Street frontage of the block and along the Center Street frontage up to Montgomery street, approximately, and to limit the Hospital' frontage on Center Street (including the existing Hospital building and parking lot) to approximately 700 feet (which includes two lots on the north side of the hospital complex which are not presently zoned Government and Institutional Service). (See enclosed 1982 Land Use Plan Amendment.) The idea of tal complex residential use around the perimeter of the Hospital complex was to protect the abutting residen- tial area from being exposed directly to extensive parking areas and a large building complex. b. dM Policy. The City's Land Use Policy for this area provides far a governmental and institutional service area, but excludes both the southwest corner of the Center Street and Congress Street block and the northerly end of that Center Street/congress street/Broadway area. These areas are reserved for residential use. The zoning policy for the area around the c s Iso complex is for Urban Residence 1 (Low -Density Residential). C. Urban Services. This area is currently serviced by a full range of urban services. d. existing conditions. The Center Street and Congress street areas are prime residential areas with some mixture of multi -family residential uses along the east aide of Center Street. The objective of the City's policy in this area is to protect the residential neighborhood from an expanding hospital complex. To that end, the Hospital had pledged i its long-range planning to reorient the expanding site activ- ity away from Center Street and Congress Street and toward Broadway. The present ownership of the hospital reflects an aggressive program of land acquisition along both sides of French Street, which was discontinued to accommodate the Hospital's expansion. e. Decision Criteria. Under the mandatory conditions for con- tract zoning (Article 2, Section 6.6. (B)) the proposed zone change most be consistent with the Comprehensive Plan and must be consistent with axisting uses in thea a and permitted uses within the original zoning district. In addition, the contract conditions must relate to the physical development or operation of the property. The contract zone change request before you does not meet the mandatory conditions for a contract zone change in that it is not consistent with the City's Comprehensive Plan; nor i expansion of the hospital use consistent With the existing low-density residential Onesin the area and the residential uses permitted in the ORD -2 Zoning District. Also, the conditions submitted in support of the contract zone change are very vague and undefined, which makes it difficult to anticipate how they would restrict the use or operation of the building on this site. For example, items B. and C. indicate on the one hand that floor area wouldn't be increased nor would the eaves line or roof line be al- tered, then on the other hand the conditions suggest that they could be if they are "permitted" under City Building Codes or the Zoning Ordinance. That in really nothing but stating that the changes to the building moat conform to the Government and Institutional Service District zone. That is required of any property located in any zoning district and c these conditions do not limit the use or operation of the property any more than it would be in a non contract zone situation. Condition D. indicates that there would not be additional off-street parking added to the site and then, also indicates that there would not be 'any additional vehic- ular access from Congress Street to the site." There is really no way of preventing an office tenant from driving into the driveway on this site and parking there. We have had similar difficulty controlling employee parking in the Hospital area, particularly, at the former fire station site at the corner of Montgomery and Center Streets where employ - sea have repeatedly parked on Montgomery Street even though the hospital has assured us that would not occur. f. Recommendation. Given the prior commitment of the City and the policies in the City's Land Use Plan to protect the residential area from encroaching Hospital development, and given the fact that the contract zone change does not meet the mandatory criteria established under State statutes i the City's Ordinance, Staff would recommend that the Planning Board recommend denial of the above change to the City Council. Also, while it is not the deciding factor in the City's position on this application, the contract conditions do little to mitigate any use of the site by the Hospital. g. Additional considerations. Applicant also submitted what were called "Side Agreement Terms" to be considered in the course of this application. The "Side Agreement Terme" included the following: "1. If Owner ceases to use the building primarily for office space, it will request a change back to current zone. 2. Rezoning will not be required if changes have been made to the comprehensive plan which incorporated the site into the U6IS0 s as a result of long range planning by Owner and City. 3. Owner will agree not to seek an exemption from property tax for the site; and if an exemption is granted by the tax assessors, Owner agrees to pay a service fee in lieu of Lases." we have reviewed these "kerma" with the Legal Office and find than to be inappropriate for inclusion in the contract sone change as the first two are attempts to create on the one hand a "reverter clause" which is not permissible because it s a delegation of future legislative authority of the City Council. And secondly, the discussion of changes in the Comprehensive Plan, etc., would take care of themselves without some kind of condition and onceagain, cannot commit future City Councils. It is our understanding from the Legal Office that the City cannot grant exceptions to normal assessing and tax collection policies as prescribed by State Statutes but that, of course, if applicant wishes to pay the fee in lieu of taxes, the City is always amenable to accepting such fees. Qfit NrAt-- "20,,'1993 Data April Item No. 93-233 Item/SublocL Amending Land Development Code - 100 Congress Street Responsible Department: Planning Division Commentary: For Referral to Planning Board. The applicantsrequesting a contract z change o to change a parcel of land located at 100 Congress Street from Urban Residence 2 District to Government and Institutional Service District. �✓ Urprrueer l/end Manager's Comrlmtls: Ciry Mawger Artaciated information: Budget Approval ri..we wmerer Legal Approval: M Ciry SNlAm ',io 1 Introduced For Q Palsage First Rending Foga—of— ©paermll✓(yrygb 93-233 Anignd to Comcilor Shubert April 26, 1993 CITY OF BANGOR (TITEEJ Mra[Itilr M Amending Lana pevolooment code Leo Bs it orda:wed by f COY Coamit of the City of Bangor, aefdloms: THAT the zoning boundary lines as established by the Zoning Map gf, the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a parcel of land located at 100 Congress Street (Tax Map No. 38, Parcel No. 140) from Urban Residence 2 District to Government and Institutional Service (Contract) District. Said parcel of land containing approximately 10,400 sq, ft. and being more particularly indicated on the map attached hereto and made apart hereof. PROVIDED HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6, of the Ordinanc- es the City of Bangor, said change of sone is granted subject to the following conditions: 1. The asand/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The Owner will not alter the residential character of the existing structure. B. The Owner will not alter the eaves line or the roof line except as may be required or permitted by City building codes. C. The Owner will not increase the gross floor area in the existing structure through new construction, except as permitted by the zoning ordinance and building codes. D. The Owner will not add additional off-street parking to the site and will not add any additional vehicular access from Congress Street to the site. IN CITY COUNCIL. April 26, 1993 Received tat reading Referred to Appropriate Comiccee. CITLCLERK 93-233 ORDINANCE ( TITLE.) Amending. Land Development Code leo Congress Street Argoed to IN a TY 14, OUNCIL Amended l6, 1993 V Amended by Substitution and CNYM flean Tabled by the following yea dna n votes. CouBlanchette, B Cohen, yea: BSoucy, Stone Bragg, Cohen, gaxi. Soucy, : Fra and and Shubert Councila)$ voting n Pxank X and ghubeet Cl IN CITY COUNCIL July 12, 1993 Passed as Amended by Substitution by the following yes and no votes. Councilors voting yes: Blanchette, Bragg, Cohen, Frankel, Burl, Shube if,Saucy and Sullivan. Councilor absent Stove CITY�L P 3