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Home My WebLink About1993-12-13 94-40 ORDINANCEData pro. 29, 1993 It"No.g4=yd Item/SuClwAmendioF Land Development Code - 498 Essex Street and 401 end 409 Broadway - C.D. # 94-40 RaIIPMIde Deportment: Planning Division' Commenter/: - Me Planning Board held a public hearing on the above-noted contrast zone change request at its regularly scheduled meeting of December 21, 1993. Nicholas Brountas, Eeq., Brian Ames, Ames Corporation, and Fred Marshall, Amer Corporation, all represented the applicant and made presentations in support of the application. I ' No me spoke in opposition to the contract none change requeet. The Board received a letter in opposition from a neighboring property owner who resides in Florida. The Board voted 5 to C in favor of a motion to recommend to the City Council that the contract zone charge request contained in C.O. # 94-40 be approved. Manager r Comments: uy M�aeYer AY3oou tel Information: - Ofig r,, q,, g#/44,ro�if r . Budget ApprovN: Phaco pimator Leat Appeared: Thf5 will r+ para (lee, ipe. i5J a S/rrmaf e ralesaYr✓al. env+wm.. IntrorWarl For 10 Postage rage—of ❑ First Radinp ❑Referral Mo r1993 Dmo Dec. 13 Item No. 394-40 Amending Land Development Code - 498 Essex Street and 401 and Item/Subject: 409 Broadway Rimpomibte Department: Planning Division Commentary: - For Referral to Planning Board Applicant is requesting a centraet2one change for parcels of land located at 498 Essex Street and 401 and 404 Broadway. The requeeted obange is free Urban Residence 1 District, Government and Institutional Service District and Contract Urban Service District to Contract Government and Institutional Service District. ' OrMnwem Manager's Comments: -CWxtOf Cnf Mawfei Anocamol Information: CAA-r"v Yf4f ,„ __1I C Radon Appmvel: firec<Dimmr legal Approval:, GryfMeiiw Innoduoed For E2 homew hes _ of ❑ First 0 Referral 94-40 Aeeigmd to Councilor Baldacei Deyember 13, 1993 CITY OF BANGOR (TITLE.) &D[1R M9, Amending Lena Development code 498 Essex Street and 401 and 409 Broadway Beit ordained by the City Cw of Re City dBassEw. as (allows: -THAT the zoning boundary lies 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 parcels of land located at 498 Essex Street and 401 and 409 Broadway (Tax Map No. 45, Parcels 9E and 11 and Map No, 46, Parcels 29 and 32) from Urban Residence 1 District, Goverment and Institutional Service District and Contract Urban Service District to Contract Goverment and Institutional Service District. Said parcels of land containing approximately 10.25 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6 of the ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: A. The building(s) maximum gross floor area will not exceed 130,000 square feet. B. The building(s) maximum height will not exceed 60 feet. C. The maximum impervious surface ratio will not exceed A5. D. All buffer yards will be a minimum of "B" Buffer yards, s defined in the Land Development Code. Additionally, Buffer yards adjacent to residential districts which Parallel Essex Street will be a minimum width of twenty feet. E. The site's main access point will be from Broadway. IN CITY COUNCIL DECRABER 13, 1993 FIRST READING REFERRED TO PLANNING BOARD 94-40 ORDINANCE ( TIT E, (AMENDING LAND DEVELOPMENT CODE 498 ESSEX ST. ARE 401 AND 409 BROADWAY IN CITY COUNCIL December 27, 1993 Passed Vote: 9 yes' Voting Yes: Baldacci, Blanchette, Cohen. Poppet, Shubert, Soucy, Stone, Sullivan b Tyler CITY CLE 96-4o AEPLICAT,19N�9R_LANpyDfy$LOPHEjLM QQDE ANjL,)4AP�MENOBJ$Nx y. ;. T0: WE CITY COUNCIL AND DATE + DECBNfiER.I,-1993 TWE -PLANNING S6ARD OF' EANOOR -A T'NE-'- '�NO 1. xI(We) N@DIHAIpB REAL ESTATE C01ffiANY -:2.-'of ;498:@SSE% BTAEBTBANGO&°-NAIN6 >96)-6528 ' "Address%+' -- - City ror'Post='OEEice TeleBhoaa hereby petition to 'amend the iend'Devel'opment Code of the City of Bangor, Maine by reclassifying from 6SD*/URD-t district to the &6LTI1_..—____ district for the Property outlined i red On the maps: attached hereto, which are part of this application, and described as follows: 3. ADDRSSS OF PROPERTY (if any) 4981SSEX STREET, .401 6 409 BROADWAY Total Area (acres - --- o[ sguflce feet) 10.25_Acrea±_,.„ 4. PROPERTY LOCATION (General location):. Example - South aide of State Street 400 yards. East of Pine Street Existing NediHaine property: behind the Mary Snow School 45 9E, 11 5. LEGAL DESCRIPTION OF PROPERTY Assessors Hap No. 66_ Parcel 29.32 6. EXISTING USE: MEDICAL OFFICE AND VACANT_„ 7. PROPOSED USE: MEDICAL OFFICE S. NAME AND. ADDRESS OF OWNER OF RECORD: Name MEDIRAIN@ REAL ESTATE COMPANY Address 468_Pssex Sqi Baneor. Naive, 9.NAME AND ADDRESS OF CONTRACT OWNER (if such).. INS REAL T 30. SIGNATURE OF OWNER OR CONTRACT OWNER.�_p Ma-. %?/,D By: Francis I. Kittredge Partner 11'. REPRESENTATIVE OF APPLICANT: Name Bri_ap_A.. does_P.E., - _ _ (if applicable) The Anne Corporation � Address P.O.. Box 2610,_ Bangor. NaIPe,04402-2610 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETPRR. FORM 6 DUPkLCATE. TP...PLANN Inc PIY7Si0N,Q;gy. RA;k,.._6ANCe4R... HB:, Aps).zsaEt<D_fae. BreseNa?ns .A4Y.SYtigi,ps .T.aEal Zone Change (1/2 acre or 1055) $281.75 $260,00* $481.75 .Zone Change (in excess of ,l/2 acre),. $451.00 $200.00* $651.00 Contract Bone Change, ,8675.25 $250.00* $926.25 *Two Ads Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE 94-40 yfa4 CONTRACT ZONE CHANGE CONDITIONS FOR MFDIMAINE REAL ESTATE COMPANY November 30, 1993 1. The building(s) maximum grow floor area will not exceed 130,00D square feet. 2. The building(s) maximum belgbt will not exceed 60 feet. 3. The maximum impervious surface ratio will. net exceed.75. 4. AB buffer yards will be a minimum of W Buffer yards, as defined in the Iand Development Code. Additionally, Buffer yards adjacent to residential districts which parallel Esus Street will be a minimum width of twenty feet. 5. The she's main excess point will be from Broadway. 6. Development within Ne portion of the site bounded by Essex Street and extending one hundred and five feet (105 ft'.) perpendicular back from the Eaux Stud Right -of -Way line will be limited to the existing access drive. No parking or buildings will be placed in this area. 94-40 F. Development within the portion of the site bounded by Essex Street and extending one hundred and five feet (105 ft.) perpendicular back from the Essex Street Right-of-way line will be limited to the existing access drive. No parking or buildings will be placed In this area. 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 own copy of said agreement being on file in the office of the Cita y 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. G&ISD URD .2 Im 940 1— 15 -r- GSISD = aURD-1 iG1�ISD�— • 05560 PG038 004289 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of 3`ljjof Ak,m-•y , 1994, by and between the CITY OF BANGOR, amcipal corporation with a place of business located at 73 Harlow Street, in iBangor, County of Penobscot, State of Maine and MEOIMAINE REAL ESTATE COMPANY (hereinafter sometimes referred to as the "Owner"), a Maine General Partnership with a place of business located at 498 Essex Street in Bangor, County of Penobscot, State of Maine. WITNESSETH: WHEREAS, MediMaine Real Estate Company is the owner of record of certain parcels of land situated in Bangor, County Of Penobscot, State of Maine, said land being located at 498 Essex Street and 401 and 409 Broadway, and being identified on City of Bangor Tax Map No. 45, as Parcels 9E and 11 and Tax Map Map No. 46, as Parcels 29 and 32. Reference may be had to a deeds recorded in the Penobscot County Registry of needs in volume 3343, Page 60 and volume 5349, Page 78, 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 Banger, application was made for a contract tons change, so-called, to reclassify "said parcels of land (said parcels hereinafter being referred to as the subject premises") said parcels comprising a land area of approximately 10.25 acres, all as set forth in Exhibit A attached hereto and incorporated herein by reference, from Urban Residence i District, Government and Institutional Service District and Contract Urban Service District to Contract Government and Institutional Service District under the Land Development Code of the City of Bangor, said application proffering certain conditions or restrictions relating to the physical development -and/or operation of the subject premises; and WHEREAS, 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 94-40, whereby it reclassified the subject premises from Urban Residence 1 District, Government and Institutional Service District and Contract Urban Service District t0 Contract Goverment and Institutional Service District under the Land Development Code of the City of Bangor subject to certain restrictions and/or conditions, a copy of said Council Ordinance 94-40 and the restrictions and/or conditions contained therein being attached hereto as Exhibit B and incorporated herein by reference. 9K•556'0 PG044 Aeeigud to Couailor Beldacc December 13, 1993 CITY OF BANGOR (TITLE.) Wrbi1IB1CCt, amending Land Development Code 4% Essex Street ens 401 and 409 Broadway Be if ordained 611 Ge aw ems Of file city NBawyar, a fuBoms: 94-4o -THAT the zoning boundary lies 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 parcels of land located at 498 Essex Street and 401 and 409 Broadway (Tax Map No. 45, Parcels 9E and 11 and Map No. 46, Parcels 29 and 32) from Urban Residence 1 District, Government and Institutional Service District and Contract Urban Service District to Contract Government and Institutional Service District. Said parcels of land containing approximately 10.25 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: A. The building(s) maximum gross floor area will not exceed 130,000 square feet. B. The building(s) maximum height will not exceed 60 feet. C. The maximum impervious surface ratio will not exceed .I5. D. All buffer yards will be a minimum of ^B" Buffer yards, as defined in the Land Development Code. Additionally, Buffer yards adjacent to residential districts which parallel Essex Street will be a minimum width of twenty feet. �V B.-' -The site's main access point will be from Broadway. Iti CITY COUNCIL December 27, 1993 Passed EXHIBIT B Us Cop Art e ut tEc ITY CLEEK BK5 60 P0045 ` g4 -4o F. Development within the portion of the site bounded by Essex Street and extending one hundred and five feet (105 ft.) perpendicular back from the Essex Street Right-of-way line will be limited to the existing access drive. No parking or buildings will be placed in this area. 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 ;hall become null and void PENOBSCOT. ss RECD 94FEB-9 AM10:03 z ATTEST Cjmba oDna si. REGISTER BK5560 PG039 NOW THEREFORE, in consideration of the reclassification of the subject premises from Urban Residence 1 District, Government and Institutional Service District and Contract Urban Service District to Contract Government and Institutional Service District under the Land Development Code of the City of Bangor, the parties hereto agree as follows: 1. MediMaine Real Estate Company, for itself, its successors and assigns, hereby covenants and agrees that the use, occupancy and/or development of the subject premises, in addition to other applicable laws, ordinances, or regulations of the City of Bangor, shall be subject to the following restrictions and/or conditions on the physical development or operation of said property: A. The building(s) maximum gross floor area will not exceed 130,000 square feet. B. The building(s) maximum height will not exceed 60 feet. C. The maximum impervious surface ratio will. not exceed .75. D. All buffer yards will be a minimum of "B" Buffer yards, as defined in the Land Development Code. Additionally, Buffer yards adjacent to residential districts which parallel Essex Street will be a minimum width of twenty feet. E. The site's main access point will be from Broadway. F. Development within the portion of the site bounded by Essex Street and extending one hundred and five feet (105 ft.) perpendicular back from the Essex Street Right -of -Way line will be limited to the fisting access drive. No parking or buildings will be placed in this areas 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 premixes, shall bind the owner, its successors and assigns, to or of said property or any part thereof or any interest therein, and any party in possession or occupancy of said property 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 if it, 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 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 solations 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 865 60 Pb040 violations. For the purposes herein, a violation of this Agreement shall be deemed a violation of said Land Development Cade and shall be subject to the penalty provisions of said Cade 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 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 restrictions, provisions, conditions, covenants, or agreements contained in this Agreement shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or violation or as to any breach or violation occurring prior to or subsequent thereof. 4. The City of Bangor and the Owner hereby agree that the provisions of this Agreement shall remain in full force and effect until such time as the same may be modified, amended, repealed, and/or replaced upon their written agreement. It is expressly understood by the parties hereto that any uch 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 s as to preclude the future exercise of the Bangor City Council's legislativeauthority relative to the zoning of the subject premises. In the event that the zoning of said premises is changed by the City Council, any u established under the provisions outline in paragraph 1, subparagraphs A., B., C., D., E., and B., above, subject to the restrictions, provisions, conditions, covenants, and agreements contained in this Agreement, shall he allowed to continue as a nonconformity or a nonconforming use, whichever themay 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 94-40 or the terms of this Agreement. ]. The parties hereto hereby agree that i£of the n astrictions, provisions, conditions, covenants, and agreements ne or portions thereof, contained s inthis Agreement is for any reason held invalid o unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such determination shall not affect the validity of the remaining portions hereof. Provided, however, that parties hereto hereby further agree that in the event any of the contracted provisions contained in paragraph 1, BK5560 FG04I subparagraphs A., e., C., D., E., and P., above, are Invalidated or such other provision is invalidated so as to constitute 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 effect at the time, and shall be evaluated in accordance with the criteria established for the review of zone change applications. It being the intent of the parties hereto that the owner shall not be allowed to benefit from the zone change for the subject premises in the event that the City of Bangor or abutting land owners are deprived of the conditions negotiated to minimize the negative externalties of the requested rezoning. S. Except as expressly modified herein, the use and occupancy of the subject pranisea 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. This Contract Sone Change Agreement replaces and supersedes a prior agreement affecting the described promisee, said prior agreement being dated July 6, 1984 and recorded in the Penobscot County Registry of Deeds in Volume 3547, Page 136. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. MEDINAIN6 REAL ESTATE COMPANY (owNER FrN�nePunL Prwue witness a I. Ki tt dge, J Its Ma Its Managing Partner CITY OF BANGOR Wise —�� Edward A. Barrett Its City Manager 96560 Pc042 STATE OF MAINE Penobscot. as R�YAiV I , 1994 Then personally appeared the above-named Francis 1. Kittredge, Sr. and acknowledged the foregoing to be his free act and deed and the free flet and deed of the said MediMaine Real Estate Company. Before me. - R(14Md.- Rr a Printed Name: RZYAU r 4 uC Attorney at Law STATE OF MAINE Penobscot, as F /A % , 1994 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, Printetl Namei %�C/',C Notary Publiclfttorffeypp _ 4 URI -2 G&IS 1-95 " :aURD-1 j G&I SID [_- 3n5560 PG -043 MMURDA, G&ISD, & 'USD.'CONTRACT TO G&ISD CONTRACT MUM- 9