HomeMy WebLinkAbout1986-08-25 86-349 ORDINANCE86-349
Introduced Ey Caamilor Tilley, August 25, 1986
CITY OF BANGOR
(TITLE.) Mrbi dITCEt amending Zoning. Ordinance _.._ ..............
,,. __ State Street and Ga;land ,Stre x _
_._--- --- ..
8e i(ordai 4YE C&x CmaMl oftlw City WRwgmr. asjaUisac
THAT the zoning boundary linesas established by the Zoning Mapof
the City of Bangor dated September 23,. 1974, as amended, be hereby
further amended as follows:
By changing a parcel of land located on State Street and Garland
Street (Tax Map No. 54, Parcel No, Z24D and Part of Parcel 224C) from
Residential 4 Zone to Civic and Institutional Zane. Said parcel
containing approximately 67,000 sq. ft. and being more particularly
indicated on the map attached' heretoand 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 shall be
subject to the following limitations and/or restrictions:
a. The use of the parcel rezonedbythis amendment shall
be limited exclusively to the parking of not more than
140 vehicles.
b. There shall be no road,- driveway, or other vehicle
access from Garland Street to the parking, lot allowed
by this zone change.
c. Once constructed, the owner shall erect and maintain a
chain-link fence at least four (4) feet high and shall
plant and maintain evergreens at least four feet in height
along Otis Street and Garland Street boundariesof this
parcel, as described in a site plan to be approved by
the Bangor Planning Board.
In City Council August 25,1986
Refeved to Planning Board
vaide[ next meeting
Councilor Witley Conflict
C ley �
86-344
ORDINANCE
TITLE,) Amending Zoning; Ordinance
State St. and Garland St.
01 lk,
11 W�//i /
In City Council Septemter 8,1986
Passed
Vote 3 Yea 1 No 2 Conflict 1 Absent
Voting Yea Bromn�Frardml�Lebomita
TilleyiWbeeler
Voting No Cox, Conflict NC Cerbhy,
Willey Absent Sullivan
LANK,, AM" — Nev England G"'Sh Gen Yr
DATE; September 3, 1986
TO: The Honorable City Council
FROM: - The Planning Board
SUBJECT: Amending Zoning Ordinance - Contract Zone Change
Eastern Maine Medical Center - State Street and
Garland Street
Council Ordinance No. 86-349
Please be advised that the Planning. Board at its regular
meeting on September 2, 1986, held a public hearing on the above
contract zone change request. After some
a discussion as to the
mitigating effects of the proposed site improvements contained in
the contract conditions, the. Board voted five in favor and none
opposed to, recommend the above zone change request:'
n�
RODNEY G. MCKAY
CITY HALL
Oke,",
MANGO". MAINE OMPT
iE..,o):ae)o).:
AHN ME LORD
A... oxta
of Pa"bnr,
Aumr
DEPARTMENT M PLANNING PRO GOMMUNITY
DEVELOPMENT
DATE; September 3, 1986
TO: The Honorable City Council
FROM: - The Planning Board
SUBJECT: Amending Zoning Ordinance - Contract Zone Change
Eastern Maine Medical Center - State Street and
Garland Street
Council Ordinance No. 86-349
Please be advised that the Planning. Board at its regular
meeting on September 2, 1986, held a public hearing on the above
contract zone change request. After some
a discussion as to the
mitigating effects of the proposed site improvements contained in
the contract conditions, the. Board voted five in favor and none
opposed to, recommend the above zone change request:'
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 owners, 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 sixty (60) days from the date of passage hereof, this
ordinance shall become null and void.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF RANCOR
THAT this Ordinance amendment shall become effective upon the
recordation of an executed copy of the aforementioned agreement in
the Penobscot County Registry of Deeds or at such timeas the same
becomes effective pursuant to the provisions of the City Charter of
the City of Bangor, whichever is later.
86-349
86-349
APPLICATION FDR ZONING ORDINANCE AND MAP fd4:NIMENT
TO: THE CITY COUNCIL AND DATE August 14, 1986 "
THE PLANNING BOARD OF BANGOR, MAINE:
NO
1. I (WE) Eastern Maine Medical Center
2, of 489State Street Bangor, Maine 94]-3]11
A cess
City or Pestfree
e ephone
hereby petition to MORD the coming Ordinance of the City of Bangor, Maine by
reclassifying from A-4 None to the C + I (contract) zone' the
Property outlinedrenes L on emaps attached a giTt�re Dart of this
application, and described as follows:
3- ADDRESS OF PROPERTY (if any) State Street/Garland Street
Total Area (acres or square set y 6].000 s ft.
4. PROPERTY LOCATION (General Description): Example - South side of State Street
400 yds. East of Pine Street
Rear parcel on the northerly side Of State Street, bordering on
souther}, side of Garland Street. East Of Otis Street.
5. LEGAL DESCRIPTION OF PROPERTY Assessors Nap No. 54 Parcel 224 D
METES and BOUNDS - (Attach s separate sheet) —%777h of aay C
Please see attached plan**(boundary in yellow) and description
6. EXISTING USE: Vacant -
T. PROPOSED USE: Parkinq ..
8. NAME AND ADDRESS OF GONER OF RECORD: Name Eastern Maine Medical Center
Address 489 State Street, Bangor, FSE
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): -
10. SIGNATURE OF OWNER OR CONTRACT OWNER:
RETURN FORM AND DUPLICATE TO PLANNING DIVISION CITY HALL D69A, MAINE
Action for a seeing change will be initiated with the Danger City Council and
referred to the Bangor Planning Board. Statutes require a Public Hearing before the
Planning Board, after s Public advertising (at least 10 days prior to such public
hearing), for all changes to the coning ordinance of the City of Bangor. The re-
commendation of the Planning Board Is then returned to the Bangor City Coensil'for
final action.
Application Fee: Processine Advertising Total
Zone Change $ 7.6.00 $ 40.00 , 0
Contract Zone Change ].6.00 200.00 * - $27b.000
* Two Ads Required
** Contract rezoning - Please see attached restrictions proposed by owner.
PROPOSED SWC CONTRACT ZONE CONDITIONS
The conditions imposed for rezoning this parcel to Civic and
Institutional areas follows::
1. The use of the parcel rezoned by this amendment shall
be limited exclusively to the parking of not more than 140
vehicles.
Z. There shall be no road, driveway, or other vehicle
access £rom Garland Street to the parking lot allowed by this
zonechange. _
3. Once constructed, the owner
shall erect and maintain a
chain-link fence at least four (4) feet high and shall plant and
maintain evergreens at least four feet in height along Otis
Street and Garland Street boundaries of this parcel, as described
in a site plan to be approved by the Bangor Planning Hoard.
194 of Parsisr, Rnhw
T OF PLANNING AND COMMUNITY DE
John M. Coro
fleeing Officer
Om April 12, 1991
Memo Tp: Does Mcttenna
Smpp: Contract Zone Change Agreement - C.O. 4 86-349
Attached is the original copy of the Contract Zone Change
Agreement between the City of Bangor and Eastern Maine Medical
Center for property located on State Street.
Please keep this on file with C.O. R 86-349.
0:174mG BK4489 PGO87
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of July 31 , 1989, by and
between the CITY OF BANGOR, a municipal corporation with a place of
business located at 73 Harlow Street, in Bangor County of Penob-
scot, State of Maine and EASTERN MAINE MEDICAL CENTER, a Maine
Corporacion, being located in Bangor, County of Penobscot, State of
Maine. ..
WITNESSETH:
WHEREAS, Eastern Maine Medical Center is the owner
of record of
certain parcel of land situated in Bangor, County of Penobscot,
State of Maine, said land being located on State Street and being
identified on City of Bangor Assessor's Map No. 54, as Lot 244D and
being a part of Lot 224C. Reference may be had to it deeds recorded In
the Penobscot County Registry of Deeds in Volume a , Page ,
for a more particular description of said land: and
WHEREAS, pursuant to 30 M.R.S.A. Section 4962 (2) (I) and
Chapter VIII, Artricle 2, Sec. 8 and Article 21, Sec. 11 of the Laws
and Ordinances of the City of Bangor, application was
made for a
contract zone
change -called, to reclassify saidparcel of land
(said parcel hereinafter being referred to as the "subject pre-
mises") said parcel comprising a land area of approximately 67.000
'sq, It., all asset forth In Exhibit A attached hereto and incor-
porated herein by reference, from a Residential 4 Zone to a Civic
and Institutional Zone under the Zoning Ordinance of the City of
Bangor, said application proffering Certain conditions or Castile-
ti*ns relating to the physical development and/or operation of the
subject premises: and
WHEREAS, subsequent to a public bearing on the matter,
and after
due consideration given to the recommendations of thePlanning
Board, the Bangor City Council adopted Council Ordinance 86-300,
whereby it reclassified the subject premises from a Residential 4
Zone to a Civic and Institutional Zone under the Zoning Ordinance of
the City of Bangor subject to Certain restrictions and/ox oudi-
tfans, a copy of said Council Ordinance 86-300 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
subjectpremises from a Residential 4 Zane to a Civic and Institu-
tional Zone under the Zoning Ordinance of the City of Bangor, the
parties hereby agree as follows:
1. Eastern Maine Medical Center, its successors and assigns,
hereby Covenant
s
and agree that the a occupancy and/or development
of the subjectpremises, In addition to other applicable law
Ordinances, or regulations of the City of Bangor, shell be subject
to the following restrictions and/or conditions on the physical
development or operation of said property:
*Volume 3447, Page 258; Volume 3531, Page 316; and. Volume 3907,
Page 315.
BK4489 PG088
a. The use of the parcel rezoned
ned by this amendment shall
be limited exclusively to the parking of not more than
160 vehicles.
b. There shall be no read, driveway, or other vehicle
ae from Garland Street to the parking lot allowed
by this zone change.
C. Once constructed, the n shall erect and maintain a
chain-link fence at least four (6) feet high and shall
plant and maintain evergreens at least four feet in
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. The owner hereby agrees that the above -stated restrictions,
provisions, conditions, covenants, and agreements are
made an
essential part of this Agreement, shall r with the subjectprem-
ises,'shall bind the owner, his a and assigns, to 0 of
weer successors x
said property or any part thereof o any property therein, and any
party In hallpossession
ure o e benefit
of or
property o any ➢ext there-
of, and shell inure to the benefit of, and be enforceable by, the
City of Bangor, by and through Its duly authorized representatives,
land.
and the owner or owners of any abutting parcels of land.
3. The owner hereby agrees that 1f It, or any person claiming
under or though it, shall at any time violate or attempt to vio-
late, 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 landowners(s) shall
have the following remedies. which may be exercised by the City of
Bangor either jointly or severally:
a. The City of Bangor shall have the right to prosecute
violations of this Agreement In the same manner that
It is authorised to prosecute violations under the
Zoning Ordinance of the City of Bangor in effect at
the time of said violations. For the purposes herein,
violation of this Agreement shall be deemed a viola-.
Item of said Zoning Ordinance and shall be subject to
the penalty provisions of said Ordinance in effect at
the time of violation. Each day that a violation 1a
permitted to exist after notification of the same
pureaent to said Ordinance 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 o
proceedings, including the right to enforce all the
terms and provisions of this Agree nt by injunction,
legal and equitable actions and all other lawful pro-
cess for the enforcement of the same.
------ T�
SK4489 PGO89
The Owner further agrees that the failure of the City of Bangor o
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 there-
after an to the same breach or violation or as to any breach or
violation occurring prior or subsequent thereof.
6. The City of Bangor and the Owner hereby agree that the pro-
visions of this Agreement shall remain in full force and effect
until such time as the a may be modified, amended, repealed,
and/orreplaced upon their ®
written agreement. It 1a expressly
understood by the parties hereto that any such change shall be in
accordance with the lave of the State of Maine and the Zoning
Ordinance of 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 Agree-
ment shall be construed so as to preclude the future exercise of the
Bangor City Council's legislative authority relative t the toning
of the subject premises. In the event that the zoning of said pre-
mises is changed by the City Council, any use established under the
provisions outlined In paragraph 1, subparagraphs a, b, and c
above, subject to the restrictions, provisions, onditions,-
ants, and agreements contained in this Agreement, shall be allowed
ro continue as
anonconformity o nonconforming a whichever the
ordimay be, ina accordance with the provisions of the Zoning
nance, a may cbe in effect at the time of said [one change,
governing the sane.
6. The parties hereto hereby agree, for themselves, their suc-
cessors
and assigns waive any and all rights to challenge thc
validity of Council Ordinance 86-369 or the terms of this Agreement.
I. The parties hereto hereby agree that if one of the-Testric-
tlons, provisions, conditions, covenants, and agreements, or por-
tions thereof, contained In this Agreement is for any reason held
Invalid or unconstitutional by ,any court of competent jurisdiction.
such portionshall 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 provlsions contained in
paragraph 1, subparagraphs a, b and c above are invalidated or
such
o
other provision is invalidated e s to constitute a materialchange
n the restrictions, provisions, conditions, covenants, and agree-
ments negotiated by and between the parties, theCity of Basset o
abutting land owners shall have the power to seek a reversion and/or
change of the zoning of the subject premisesou
the current zoning
classification a may be in effect at the time of the processing of
any such reversion
rsion and/or change. Said reversion and/or change may
be Initiated by d representative 0£ the City of Bangor or an shutt-
ing property owner to the subject premises, shall be processed in
accordance with the procedure established for an amendment to the
Zoning Ordinance in affect at the time, and shall be evaluated In
accordance with the criteria as tablished for the review of zone
change applications. It beingthe Intent of the parties hereto that
the owner shall not be allowed to benefit from the zone change for
the subject premises in the event that the City of Bangor o
abutting land owners are deprived Of the conditions negotiated to
minimize the negative externalties of the requested rezoning.
%489 PG090
8. Except as expressly modified herein, the use and occupancy
of the subject premises shall be governed by and comply with the
provisions of the zoning 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.
WI g " 'mH(( mn
EASTERN MAINE MEDICAL CENTER
Ja a B. Coffey
CITY OF BANGOR
BY
Eduard A. Barrer[ a
ICs City Manage[
STATE OF MAINE
Penobscot, as. July 31 ,1989
Then personally appeared the above-named James B. Coffey and
acknowledged the foregoing to be his free act and deed and the free
act and deed of the said Eastern Maine Medical Center.
Before me,
Printed Name: Robert E. Miller
-4�e+JmoF-2Lap
Att
Attorney a[t Law
STATE OF MAINE
Penobscot, as.
July 31 ,1989
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,
\IIIc' Q
Printed eyt E. Miller
3veTlvZvF-etre--Peat
Attorney
Atatdc
At torvey et Law
OK4489 PG091
86-399
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4489 PG092
/N
Intza3we3
by Coin-ilor Tilley, Aagvet
25,
1986
CITY OF
BANGOR
(TITLE.) @Sai118tt[eo. Amending Zoning Ordinance ...
Sta4e Street and. Garland Street_
Be U ordainal by the C%Ca swi[ ofdw City ofBanpor, ae Mlome:
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 a parcel of land located on State Street and Garland
Street (Tax Map No. 54, Parcel No. 224D and Part of Parcel 224C) from
Residential 4 Zone to Civic and Institutional Zane. Said parcel
containing approximately 67,000 sq. -ft, and being more particularly
indicated on the map attached hereto and made a parthereof.
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
e and/or operation of the subject premises shall be
subject to thefollowing limitations and/or restrictions:
a-. 'The use of the parcel rezoned by this amendment shall
be limited exclusively to the parking of not more than
140 vehicles.
b. There shall be no road, driveway, or other vehicle
access from Garland Street to the parking lot allowed
by this zone change.
C. Once constructed, the owner shall erect and maintain a
chain-link fence at least four (4) feet high and shall
ecmsC.w`, plant and maintain evergreens at least four feet in height
�LL along Otis Street and Garland Street boundaries of this
parcel, as described in a site plan to be approved by
the Bangor Planning Board.
SP CITY COUNCIL
September 8, 1986
Passed
A 'late Copy, Attest! EXHIBIT B
ty City Clerk
OK4489 PG093
' 2
2. Execution by those parties with an interest in the affected
property of a agreement providing for theimplementation 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 owners, 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 sixty (60) days from the date of passage hereof, this
ordinance shall become null and void.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR
THAT this Ordinance amendment shall become effective upon the
recordation of an executed copy of the aforementioned agreement in
the Penobscot County Registry of Deeds or at such time as the same
becomes effective pursuant to the provisions of the City Charter of
the City of Bangor, whichever is later.
8x4489 Pc094
L4U
M
B6-349
�O&1 PENOBSCOT, ss RECO
_89 JUL 31 PH 2:28
~ n ATTEST'
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