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Home My WebLink About1984-06-11 84-227 ORDINANCE84-22] Introduced by Counciloa' Cox, June 11, 1984 CITY OF BANGOR (TITLE.) (DrYRTMIffPy Amending. ..2pning--Ordinance _..__ .......... Be it u de;,aa W tis Cita council of do City ofBanaot, as fo' THAT the zoning boundary lines as established by the Zoning Map of the City of BangordatedSeptember 23,_1974., as amended, be hereby further amended as follows: By changing a parcel of land located, at 498 Essex Street (Tax Map No. 45, Parcel No. 11) from Residential Zone to Commercial 2 Zone. Said parcel containing approximately 5.4 acres and being more parti- cularly indicatedon the map attached hereto as. Exhibit A and made a part hereof. PROVIDED,HOWEVER, THAT said change of zone is granted subject to the following. conditions: 1. The use/or operation of the subject premises shall be subject to the Following. limitations and/or restrictions: a. Theusage shall be. limited to. Medical. Office. b. Lot coverage shall not exceed. the. R-4 Limitation of 355. C. Parking spaces shall be limitedto the number of spaces required for an R-4. development and will not exceed 90 spaces. d. Outdoorlighting levels .will not exceed those.recosmended forresidentialneighborhoods. e. No additional freestanding outdoor signs will be. erected. 2. Execution by ,those parties with aninterest im the affected property of an .agreement providing for the implementation and enforce- ment 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 hereinby reference. In the event that said agreement is not so executed and recordedwithin 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 OR BANGOR TBAT this Ordinance amendment shall become 'effective uponthe recordation of an executed copyof 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. I _ In City Council June 11,1984 Refered to planning Board consider next meeting 'B4 im -7 OROSNA NCE ( TITLE,) Amending Zpndng Ordirence 498 P3*6 essex St. CityO erxECENED x)ell°v°oBANGOR LER IN CITY COUNCIL June 25, 1959 Amended by Substitution aN Passed by the following yea and no votes. Councilors voting yes: Grown, Cox, Davis, Jordan, Tilley, Wheeler and Nilley. Councilor voting no mcCarthy. Councilor absent: CITY In sM ab /ilei 6U G WConn L} ma M IP:i s RST pTE 95 MI Fq' 64-227 m 84-227 APPLICATION FON ZONING OROIHANCE AND MAP AMENCIGNT I RECEIV"-JUN U 5 ,P4 T0: THE CITY COUNCIL AND "DATE June. 4, 1984 THE PLANNING BOARD OF BkHGCR, MAINE: - MediMaine Real Estate Company 2. of 498 Essex Street Ban pi, ME Address City or Post Lilies a ep ne hereby petition to emend the zoning ordinance of the City of Bangor, Maine by reclassifying from R-4 zone to the C-2 (Contract) zone the property outlinedn red ps attached here—to, wig etre pert of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 498 Essex Street Total Area (acres or squarefeet) 5.4 Acres 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street Westerly side of Essex Street approximately 500 feet north of Milford and Essex Streets. 5. LEGAL DESCRIPTION OF PROPERTY Assessors Map No. 45 Parcel 11 METES and BOUNDS - (Attach a separate sheet) Attached. 6. EXISTING USE: Medical Office 7. PROPOSED ISE: Medical Office S. NAME AND ADDRESS OF OWNER OF RECORD: Name MediMaine Real Estate Company Address 498 Essex St., Bangor, ME 04401 9. NAME AND ADDRESS OF CONTRACT OWNER (if 10. SIGNATURE OF OWNER OR CONTRACT OWNER: RETURN FORA AND DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, MAI Action for a acting change will be initiated with the Bangor City Council and referred to the Bangor Planning Board. Statutes require a Public Hearing before the Planning Board, after a public advertising (at least 10 days Prior to such public hearing), for all changes to the zoning ordinance of the City of Bangor. The re- commendation of the Planning Board is then returned to the Bangor City Council for final action. Application Fee: Processing Advertising Total Zone Change $ 70.00 - $ 40.00 $110.00 Contract Zone Change 70.00 200.00 * _ $270.00 * Two Ads Required 84-2n BAlV9E5 MERCHANTS GiW01 PLAZA BANGOR, HA TS Td. (W7) 947-0153 INCORPORATED Jane 4, 1984 Mr. John Lord Planning Officer City of Bangor 73 Harlow Street Bangor, ME 04401 Dear John: SUBJECT: MediMaine Real Estate Company Please find attached the Application for zoning Ordinance and Map Amendment form submitted to change a parcel of land from R-4 to C-2 under the Contract Zone Provisions of the Zoning Ordinance. Under the Contract Zoning Amendment we suggest the following conditions be imposed: - 1. The usage shall be limited to Medical Office. 2. Lot coverage shall not exceed the R-4 Limit- ation of 358. _ 3. Parking spaces shall be limited to the number of spaces required for an R-4 development and will not exceed 90 spaces. 4. Outdoor lighting levels will not exceed those recommended for residential neighborhoods. 5. No additional freestanding outdoor signs will be erected. - These limitations are placed to maintain as near as possible - the residential quality of the neighborhood.- in that regard, the lot fronting on Essex Street will remain zoned. R-1 for protection of those residences. Land Development . Bulding Design . Energy Systems Mr. John Lord City of Bangor June 4, 1984 Page 2 We hope these conditions will allow favorable considerations of our request. If there are any questions, please call. Very truly yours, AMES ENGINEERS INCORPORATED Brian A. Rose, P.E. President BAA:n Encs. cenur of Moine—the Gan may to Maim i Nath Woods and Saarhon Remits DATE: June 21, 1984 TO: The Honorable City Council. FROM: The Planning Board SUBJECT: Amending Zoning Ordinance (Contract) 498 Essex Street Council Ordinance No. 84-227(Amended) Please be advised that the Planning Board held a public hearing on the above zonechange request at its regular meeting on June 18, 1984. After considerable discussion as to the. consistency of this request and the City's Land Use Policy for this area, the Board voted to table the request to a special meeting on June 20, 1984. At the meeting on June 20, 1984, the Planning Board voted three in favor and two opposed to recommend the zone change request to the City Council with several changes to the contract conditions and a reduction in the area inquestion from 5 acres to approximately 2.4 acres. (The amended Council Ordinance is attached,) ATTACHMENT:. Planning Officer RODNEY G. M.KAY CITY MALL MINIM, BANGOR, MAINE 04401 JOHN M. LORD a...I" Om,' Cau of P"9or9 Ahshm DATE: June 21, 1984 TO: The Honorable City Council. FROM: The Planning Board SUBJECT: Amending Zoning Ordinance (Contract) 498 Essex Street Council Ordinance No. 84-227(Amended) Please be advised that the Planning Board held a public hearing on the above zonechange request at its regular meeting on June 18, 1984. After considerable discussion as to the. consistency of this request and the City's Land Use Policy for this area, the Board voted to table the request to a special meeting on June 20, 1984. At the meeting on June 20, 1984, the Planning Board voted three in favor and two opposed to recommend the zone change request to the City Council with several changes to the contract conditions and a reduction in the area inquestion from 5 acres to approximately 2.4 acres. (The amended Council Ordinance is attached,) ATTACHMENT:. Planning Officer 84-227 (AMENDED) CITY OF BANGOR (TITLE.) avrlti11anceP Amend ng Zoning, Ordinance- __ Be 4 ordatud bye City Cowan of City OBa ,, as fa➢ama: 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 portion of a.parcel of land located at 498 Essex Street (Tax Map No. 44, Parcel No. 11) from Residential 4 Zone to - Commercial 2 Zone. Said portion of a parcel containing approximately 2.4 acres and being more particularly indicated on the map attached hereto as Exhibit A and made a part hereof. PROVIDED, RONEVER, THAT said change of zone is grantedsubject to the following conditions: 1. The use/or operation of the .subject premises shall be subject to the following limitations and/or restrictions: a. The existing building on the subject.premises shall be..limited to medical office use. b. Any addition to the existing .building on the subject premises shall nctexceed 5,200 square feet in gross floor area. , The use of anysuchaddition shall be limited to the housing and operation of diagnostic equipment, ancillary facilities and support functions. c. Additional parking spacesshall not exceed. 10. d. Outdoor lighting levels shall not exceed those recommended for residential .neighborhoods. e. No additional freestanding outdoor signs shall be erected. 2. Execution by those parties with. an interest in the affected property of an agreement providingfor the implementation and enforce- ment of all the terms and conditions set forthaboveand the. recording of s idecuted agreement in the Penobscot County Registry of Deeds by the 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 i not so executed and recorded within sixty M) 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-executedcopy 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. 84-22] (AMENDED) C&I IM w F.XETHTT A CONTRACT ZONING AGREEMENT THIS AGREEMENT is .made as of , 1984, by and between the CITY OF BANGOR, a municipal corporation with a place of business located at 73 Harlow Street, in Bangor, County of Penobscot, State of Maine, and MEDIMAINE 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 a certain 5.4 acre parcel of real estate situated in Bangor, County of Penobscot, State of Maine, said land being located at orabout 498 Essex Street and being identified on City of Bangor Assessor's Map No. 45, as Lot 11. Reference may be had to a deed recorded in the Penobscot County Registry of Deeds in Volume 3343, Page 60, for a more particular description of said real estate, said real estate being the parcel designated as "First Parcel" in said deed. WHEREAS, pursuant to 30 M.R.S.A. 6 4962(2)(I) and Chapter. VIII, Article 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 a certain portion of said real estate, said portion consisting of a land area of approximately 2.4 acres set forth on Exhibit A attached hereto and incorporated herein by reference (said portion of the real estate hereinafter referred to as the "subject premises"), from a Residential Four (R-4) Zane to a Commercial Two (C-2) Zone under the Zoning Ordinance to allow the construction of an addition to the existingmedicaloffice facility, said application proffering certain conditions or restrictionsrelating 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 84-227 (as amended) whereby it reclassified the subject premises from a Residential Four (R-4) Zone to a Commercial Two (C-2) Zone under the Zoningg. Ordinance of the City of Bangor subject to certain restrictions ani/or conditions, a copy of said Council Ordinance 84-227 (as amended) and the restric- tions and/or conditions contained therein being attached hereto as Exhibit Hand incorporated herein by reference. NOW, THEREFORE, in consideration of the reclassification of the subject premises from a Residential Four (R-4)Zone to Commercial Two (C-2) Zone under the Zoning Ordinance 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, shah be sub- ject to the following restrictions and/or conditions on the physical development or operation of said property: a. The existing building on the subject premises shall be limited to medical office use. b. Any addition to the existing building on the subject premises shall not exceed 5,200 square feet in gross floor area. The use of any such addition shallbe limited to the housing and operation of diagnostic equipment, ancillary facilities and support functions. c. Additional parking spaces shall not exceed 10. d. Outdoor lighting levels shall not exceed those recommended for residential neighborhoods. e. No additional freestanding outdoor signs shall be erected. f. In the event that the subject premises ceases to be used for the use set forth in (a) and (b) above, the zone classification of said premises shall be eligible for a reversion and/or change to the current zone classification (R-4), or such other comparable zoning classification as my be in effect at the time of the processing of said reversion and/or change. Said reversion and/or change may be initiated by a representative of the City of Bangor or an abutting landowner to the subject premises, shall be processed in accordance with the procedure established for an amendment to the Zoning Ordinance in effect at that time, and shall be evaluated in accordance with the criteria established for the review of zone change applications. 2. The Owner hereby agrees that the above-stated restric- tions, provisions, conditions, covenants, and agreements are made an essential part of this Agreement, shall runwith the sub- ject premises, shall bind the owner, its successors and assigns, to or of said property or any part thereoforeany 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 enforce- able 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 maybe 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 authorized to prosecute violations under the Zoning Ordinance of the City of Bangor in effect at the time of said. violations. For the purposes herein, a violation. of this Agreement shall be deemed a violation 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 is permitted to exist after notification of the same pursuant 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 or proceedings, including the right to enforce all the terns and provisions of this Agreement by injunction,. legal. and equitableactions 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, covenant, or agreement contained in this Agreement shall in no event be deemed awaiver Of the right to do so there- after as to the same breach or violation oras to any breach or violation occurring prior or subsequent thereto. 4. The City of Bangor and the Owner hereby agree that the provisions of this Agreement shall remain in full forceand effect until such time as the same may be modified, amended, re- pealed, 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 Zoning Ordinance 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 as to precludethe future exercise of the Bangor City Council's legislative authority relative to the zoning of the subject premises. In the event that the zoning of said premises is changed by the City Council, the contracted use outlined in Paragraphs 1(a) and (b)above, subject to the restric- tions, provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continue as nonconformity or nonconforming use, whichever the case may be, in accordancewith the provisions of the Zoning Ordinance, as may Be in effect at .the time of said zone change, governing the same. 6. The parties hereto hereby agree, for themselves, their or successs and assigns, to waive any and all rights to challenge the validity of Council Ordinance 84-227 .(as amended) or the terms of this Agreement. 7. The parties hereto hereby agree that if one of the restrictions, provisions, conditions, covenants, -and agreements, or portions thereof, contained in this Agreement is for any reason held invalid or 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 the parties hereto hereby further agree that in the event the contracted use provision contained in Paragraphs 1(a) and (b) above is invalidated or such other provision is invalidated so as to constitute material change in the restric- tions, provisions, conditions, covenants, and agreements negotiated by and between the parties, the City of. Bangor or abutting ,land, owners shall have the power to invoke the zoning classification provisions contained in Paragraph, l(£) above, 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 landowners are deprived of the conditions negotiated to minimize the negative externalties of the requested rezoning. 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..- MEOI1AINE REAL ESTATE COMPANY (OWNER)' BY: Francis I. Kittre g Its Managing Partner CITY OF BANGOR BY John W. Fiynn Its City Manager Then personally appeared the above-named Francis I. Kittredge, Jr. in his capacity as Managing Partner of Mediiaine Real Estate Company., and acknowledged the foregoing to be his free act and deed in said capacity and the free act and deed of. said MediMaine Real Estate Company. Before me, anteName! Justice of.the Peace Notary Public Attorney at Law STATE OF MAINE Penobscot, as. , 1984 Then personally appeared the above-named John F. Flynn and acknowledged the foregoing to be his free actand deed in his said capacity as City Manager and the free act and.deed of said City of Bangor. _ Before me, - Printed eJustice. of the Peace Notary Public Attorney at Law STATE OF MAINE - Penobscot, as. 1984. Then personally appeared the above-named Francis I. Kittredge, Jr. in his capacity as Managing Partner of Mediiaine Real Estate Company., and acknowledged the foregoing to be his free act and deed in said capacity and the free act and deed of. said MediMaine Real Estate Company. Before me, anteName! Justice of.the Peace Notary Public Attorney at Law STATE OF MAINE Penobscot, as. , 1984 Then personally appeared the above-named John F. Flynn and acknowledged the foregoing to be his free actand deed in his said capacity as City Manager and the free act and.deed of said City of Bangor. _ Before me, - Printed eJustice. of the Peace Notary Public Attorney at Law