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HomeMy WebLinkAbout1989-07-24 89-325 ORDINANCE{LYIttlI NOFM _ Dan _August 22. 1989 Item No. ?9 Item/Subjecte Amending Zoning Ordinance - Contract Zone Change - C.O. q 89-325(As Amended) Rseponsible Department: planning Division Commennry: , The Planning Board held a public hearing on the above zone change request at its regular meeting on August ], 1989. P. Andrew Hamilton, attornev for Eastern Maine Medical Center, the applicant, and James. Coffey representing the Medical Center, presented the Medical Center's case for the zone change. Mr. Roper, an Otis Street resident, spoke briefly to indicate that the Medical Center had been discussing its proposed change'with him and had met most of his.concerns. Roth Gallant, spoke and said that he was concerned that if the change did not go through, that the buildings would be torn down as the hospital had purchased them. After considerable discussion about the impact of theexnanded parking lot on the neighborhood and haw mitigating actions could be taken by the hospital in development of the site plan, the Board voted 5 to 0 to recommend the contract zone change to the City Count subject to ren reviewing revised language for the contr ct c it one, as discussed at the meeting. nrHmd IviaNFm 0 Comments: CiNMvmgn Auocnti lrrksr on. Budget Approval: tt D' Leal Approval: G suLoim Introduced For 'W isanage El First Reading Page 1 OI 2 ❑Referral wR/22/89n Dab Item No. hem/BubjeeC Amending Zoning Ordinance - Contract Zone Change - C.O. 8 89-325(As Amended) Restorable Department: planning Division Commentary: At its meeting on August 21, 1989, the Board voted 5 to 0 to approve the revised lanaguage for the six contract conditions. The Council will need to amend C.O. ¢ 89-325 to add the new revised conditions attached to tlFsform. Mgrcn Arxcee ._— Meneger'sCommenu: P".,, TT � 1 d Mamgry Associated! Informtgn:p Budget Approval: N . *-. WeLano Leo Aimmi: CiryS rcrrm Irmosi For ® passage Cl First Reading papa_2 of 2 ❑ Referral Introduced For Fint opaaa.g. MFelerral to Fega—of_ Planning Board I wumn &31M Dau duly 17. 1989 Item No. 89-325 hem/Subjett: Amending Zoning Ordinance - Contract Zone Change - ,tis and Garland Streets Responsible DapartmA; Planning Division CWnmmtary: . Referral to Planning Hoard. Haut Manager's Commas c;rr w nseximed bdormation: p — i Budget ApWtrel: Fina Legal Approval: cuysdiairar Introduced For Fint opaaa.g. MFelerral to Fega—of_ Planning Board I A9-32S Aeugned w CounNor CITY OF BANGOR (TITLE.) fttinallrgy Amending Zoning .Ordinance _,,,, Be it ordairud by she Cies Counva W the oft WBangor, a ldlewe: THAT the zoning boundary lines as established by [he Zoning Map of the Eity of Bangor dated September 23, 1974, as amended, be hereby further emended as follows: By changing parcels of land located on .Otis Street and Garland Street (Tax Map No.. 54, Parcel Nos. 211, 212, 213, 214, 215, 217, 218, 219, 220, 222, and part of 2240) from Residential 4 Zane to Civic and Insti- tutional Zone. Said parcels containing approximately 1.55 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 21, Section 11:3, Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: - 1. The use and/or operation of the subject premisesshall be subject to the following limitations and/or -restrictions: A. The use of the parcel rezoned by this amendment shall be limited exclusively to employee surface parking only. B. There shall be no road, driveway, or other vehicle access to or egress from Garland Street or Otis Street to the parking lot allowed by this zone change. C. Once constructed, the owner shall erect and maintain berms, where practical, and shall erect and maintain fencing subject to site plan approval, which fencing shall be at least four (4) feet high.Owner shall plant and maintain evergreens at .least four(4)feet in height to provide a vegetative buffer zone, that shall be at least fifteen (15) feet in width, along the Otis Street and Garland Street boundaries. D. Where reasonably practical, the owner shall preserve healthy, mature trees located within fifteen (15) feet of the right of way on Otis Street. The proposed removal of any such trees shall be reviewed as part of the review by the City of .Bangor Planning Board of the owner's site plan detailing construction of the employee parking contemplated by this amendment E. The owner shall erect and maintain fencing, subject to site plan approval, at least four (4) feet high and shall provide Greening by means of plantings £ evergreens at least four (4) feet in height, to provide vegetative buffer zone along the northerly, easterly and southerly boundaries of property now or formerly owned by Michael D. O'Meara and more particularly described as Map 54, Parcel 221 of the City of Bangor Tax Maps. The owner shall also formalize the drainage channel near the eastern boundary of said O'Meara property by riprapping or other suitable means and shall provide an adequate outlet channel to avoid flooding of said O'Meara property. F. The owner shall guarantee the survivability of. All plantings contemplated by this amendment. .Said guarantee shall be secured by a bond in a form approved by the City Solicitor prior to final action on the Owner's site plan for the employee parking contemplated by this amendment. This survivability guarantee shall req nice that, if any evergreen planting dies(asdetermined by the City of Bangor Code Enforcement Office, in its sale discretion), the owner shall be required to replant promptly a new evergreen planting within the same planting season or, if the original planting or any replanting dies during the summer or winter, the owner shall be required to replant with a new evergreen during the next following planting season. If the owner fails to replant promptly with a new evergreen and further fails to replant after being given thirty (30) days' prior notice of its obligation to do so by the City of Bangor Code Enforcement Office, then the City of Bangor Code Enforcement Office may take action on the said bond. 2. Execution by those parties with an interest in the affected property of an agreement providing for theimplementation and enforce- ment of all the terms and conditions -s t 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 and recorded within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. 89-325 Auiemdto Councilor Sosmud, July 24, 1989 CITY OF BANGOR" (TITLE.) MrbinMWN Amending Zoning_Ord mance Otis and Garland Streets Be 4 ordained by W City Carni{ of W CUv ofBanaor, as foUni THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated September 23, 1974, as amended, be hereby further amended as follows: By changing parcels of land located on. Otis Street and Garland Street (Tax Map No. 54, Parcel Nos.211, 212, 213, 214, 215, 217, 218, 219, 220, 222, and part of 224C) from Residential 4 Zone to Civic and Insti- tutional Zone. Said parcels containing approximately 1.55 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 21, Section 11-.3, Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises. shallbe subject to the following limitations and/or restrictions: A. The use of the parcel rezoned by this amendment shall be limited exclusively to employee parking. B. There shall be no road, drivew9y, or other vehicle access from Garland Street to the parking let allowed by this zone change. C. Once constructed, the owner shall erectandmaintain a chain -Linc fence at least four;:(4)-feet high and shall plant and maintain evergreensat least four (4)feetin height along Otis Street and Garland Street boundaries of this parcel, as described in a site plan to be approved by the Bangor Planning Board. 2. Execution by those parties with an interest in theaffected property of an agreement providing for the implementation and enforce- ment of all the terms and conditions set forth above and the recording 89-325 OEOINANCE _ ( T=,) Amending Zoning TJbialaon Otis and[ carlaud streets In city Culmcil July 2e_lgoq Received ]s[ reading r ered to Planning Eyaztl Aeeip wa to cry c� itmn In City c until August 1'4,1989 con/ons''i��der rent regular weetln9. ci��'FY 1N CITY CTNic1L Auguat 28. 1989 1 Amended by Substitution and Passed by the following yes and no votes. Tonto ilo_is voting yes> Blanchette, England, Sawyer, :Saul:"Shdbeif; Soanaud,-Stone, Sullivan and Ti , L OkC CUT CLERK 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 and recorded within ninety (90) days from thedate of passage hereof, this Ordinance shall become null and void. � 89-36 C&1 in! if AREA ENLARGED APPLICATION FOR ZONINGORDINANCEAND MAP AMENDMENT T0: THE CITY COUNCIL AND - DATE July 14, 1989 THE PLANNING BOARD OF BANGOR, -MAINE: NO. 1. i(WE) Eastern MaineMedicalCenter - 2. of 489 State Street Ban or Maine 942-3111 Address City EI` OSt Office Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from R-4 zone to the 'C x i Cat., - zone the propertyout n� ed'in red on the maps attached hereto, which-arepart of this application, and described as follows: 3• ADDRESS OF PROPERTY (if any) Otis Street- Garland Street 'TOCalArea (acres Or squarefeet) 1.55 a 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street .. . East side.of Otis Street and,, scutb side of Garland Street;,please s attached plan and description, l .. S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 54 Parcels 211-220, 22 6 [''EXISTING USE:" 'Vacant/Lierexistifie a artdant and residential units T. PROPOESD'USEe Emplavee packing for tospiral employees S. NAME AND ADDRESS OF OWNER OF RECORD: Name Eastern Maise Medical Center Address 489 State Street_ - 9. NAME -AND "'ADDRESS OF CONTRACT OWNER (if such)i 10. SIGNATURE OF OWNER' OR CONTRACT OWNER: 11. REPRESENTATIVE OF APPLICANT; Name1'fIM1A%tQcIHyya.�S6h.�G bEu1.G� (if applicable) - / Address 12. ATTACH ANY CONDITIONS PROPOSED MR it CONTRACT"ZONE REQUEST. RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME. Application Fee: - Processing "Advertising Total. Zone Change - '$90.00 5 50.00 $140.00 Contract Zone Change - =9D: Bp" 250.00! $9S tR " 1400.00' 650,00 'Two Ads Required' - RECEIVED AUG 1 6 1999 EMIBIT a u Bond Given by Eastern Maine Medical Center to City of Bangor CONDITIONS 1. The use of the parcel rezoned by this amendment shall be limited exclusively to employee surface parking only. 2. There shall be no road, driveway, or other vehicle access to or egress from Garland Street or Otis Street to the parking lot allowed by this zone change. 3. Once constructed, the owner shall erect and maintain berms, where practical, and shall erect and maintain fencing subject to site plan approval, which fencing shall be at least four 14) feet high. Owner shall plant and maintain evergreens at least four (4) feet in height to provide a vegetative buffer zone, that shall be at least fifteen (15) feet in width, along the Otis Street and Garland Street boundaries. 4. where reasonably practical, the owner shall preserve healthy, mature trees located within fifteen (15) feet of the right of way of Otis Street. The proposed removal of any such trees shall be reviewed as part of the review by the City of Bangor Planning Board of the owner's site plan detailing construction of the employee parking contemplated by this amendment. 5. The owner shall erect and maintain fencing, subject to site plan approval, at least four (4) feet high and shall provide screening, by means of plantings of evergreens at least four (4) feet in height, to provide a vegetative buffer zone along the northerly, easterly and southerly boundaries of property now or formerly Owned by Michael D. O'Meara and more particularly described as Map 54, Parcel 221 of the City of Bangor Tax Maps. The owner shall also formalize the drainage channel near the eastern boundary of said O'Meara property by riprapping or other suitable means and shall provide an adequateoutletchannel to avoid flooding of said O'Meara property. 6. The owner shall guarantee the survivability of all plantings contemplated by this amendment. Said guarantee shall be secured by a bond in a form approved by the City Solicitor prior to Final action on the owner's site plan for the employee parking contemplated by this amendment. This survivability guarantee shall require that, if any evergreen planting dies las determined by the City of Bangor Code Enforcement Office', in its sole discretion), the owner shall be required to replant promptly a new evergreen planting within the same planting season or, if the RECEIVED A06.1 61989 original planting or any replanting dies during the eynmer or winter, the owner shall be required to replant with a new evergreen during the next following planting season. I£ the owner fails to replant promptly with a new evergreen, and further fails to replant after being given thirty (30) days' prior notice of its obligation to do so by the City of Bangor Code Enforcement Office, then the City of Bangor Code Enforcement Office may take action on the said bond. -2- Zone Change -.Otis Street - Eastern Maine Medical Center - C.O. M 89-325. a. Applicant has requested a change in zoning from Residential 4 Zone t0 Civic and Institutional for approximately 1.55 acres of land located on Otis Street. Applicant has applied fora contract zone with the following conditions. That the use of the parcel be limited to parking. That there be no aces%% to garland Street. That the zoning be subject to site Plan approval. Is. There are two major issues for. the Planning Board to review. The first c is with the City's land use policy. Appli- cant's requestforCivic & Institutional Zoning is contrary to the existing high density residential land use policy. . The second concern is, largely, a site plan issue but, shouldbe considered as part of the rezoning, if deemed appropriate. That concern is; what contract conditions should be applied to this site development to insure addi- tional parking will not have an adverse impact on the sur- rounding area. C. The zoning question, an the surface, appears to be a minor issue given the tight contract restriction (parking only). Staff would note that this area, Wing Park, has se ls- ing c and institutional land u since the mid 1970's. Often labeled the "domino effect" thedevelopment of o civic & institutional use leads to another. The last two zone changes in this area have been contractual, from Resi- dential 4 to Civic & Institutional. d. The site plan issue e is as difficult to deal with as the land e question. The existing parking lot layout and a - ss/egress may not be adequate for another 200 cars. The pra present a was designed in 1975 for a parkinge of 47 cars. An effort has been made in the past to keep the traf- fic from the parking lot off of the adjacent residential streets 48arland Street and Otis Street). With the addition of more care it may well be advisable to have asand means C of a ss/egress to the parking lot. The problem a where is the appropriate location for such an access/egress if deemed necessary? e. The Planning Staff would recommend that the Board carefully consider the land use implications of extending further C&I Zoning in this area. Secondly, if the Board is comfortable with the policy issue Staff would recommend further study be c given to the a ss/egress question prior to approval of the zoning change. Staff would recommend that the contract dell specifically with this access issue. The Planning Staff would recommend the Planning Board not recommend a contract rezoning unless the Board is completely satisfied that the proposed development will net have adverse impacts on the surrounding neighborhood.