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HomeMy WebLinkAbout2002-02-11 02-103 ORDINANCECOUNCIL ACTION Date February 11 2002 Item No. 02-103 Item/Subject: Amending Land Development Code - 375 Mount Hope Avenue Responsible Department: Planning Division For Referral to Planning Hoard Meeting of February 19, 2002, 7:00 P.M. The applicant, Pilgrim Orthodox Presbyterian Church, is requesting a contract zone change for their property located at 375 Mount Hope Avenue. The requested change is from Urban Residence 1 District to Contract Government and Institutional Service District. Department Head nManager's {{,, Comments; V" kbnry �0' P'a�{7� ��t2XI�'���y&I✓ �j/J.)F��� U� �3�C/....... / IIX/Y P}M�49%� icy Man g 6 g5EN/GfE 1 k A- fir der Aaeocia a nformation: y �Ic miy. f owwe glory PYA,47I/ Finance Director Legal Approval: S for Introduced For _ Passage First Reading Page 1 of 1 X Referral to Planning Hoard Meeting of February 19, 2002 Assigned to cowc3lor eahman February 11. 2002 �t. CITY OF BANGOR (TITLE.) Ordinance,Amending land Development Code — Zone Change -- 375 Mount Hope Avenue be If ofWfired by b)e City ofBmiyur, as fa/bars- THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, M hereby further amended as follows: By charging a parcel of land located at 375 Mount Hope Avenue (38x Map No. R-63, Pa" No. 12) from Urban Residence One District to Contract Government and InsBUNonal Service Distrito Said parcel containing approximately 1.56 acres and being more particularly Indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatary conditions imposed by Chapter 165-7 of the Ordinances of the City of Bangor, sold Mange 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 res icdons: A. That the use of the property be Ilmi ed to the following: places of worship; group day areor nursery School; day are center (30 children maximum); customary accessory uses. B. Development Resonctions: (1) Maximum Lot Coverage: Twenty Percent (20%) (2) Maximum Building Size: 15,000 square feet (3) Impervious Surface Ratio: 0.60 (4) Maximum Signage Size: 50 square feet (5) Yard Dimensions: Per City Ordinance It & ISD Zone) (6) Maximum Building Height 50 feet (7) Buller Yards: Eastedysideline: Buffer Yard"C"wfthfence Wesierlysideline: Buffer Yard -B' 2. Execution by those parties with an interest in the affected property of an agreement providing for Me 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 mid agreement being on file in the office "a City Clerk and incorporated herein by reference. In the event that said agreement is not so executed! within ninety (90) days from the data of passage hereof, this Ordinance shall become null and void. IN CITY COUNCIL February 11, 2002 First Needing enforced to Pirating Board Cine IN CITY COIBICn February 25. 2002 Motion Made and seconded for Passage Motion Made and Seconded to Amend by Substitution Motion Passed Members of the Surrounding Community spoke against this Amendment Members of the Clwrch spoke urging Passage of this Amendment Nation Made and Seconded to Pens As Amended by Substitution Vote: 0 yes. I absent Councilors voting yes: Allen. Crowley, Farnlmm. Farrington, Nealley, Palmer. Holman A Treadle Councilor Absent: Moldered Passed as Amended by Substitution CITY USFA v 02-103 MBO I'M AN CA Title, Atendiag Ised Development Cade - goes Change - 375 Mount Hope Avenue � (�j,A,�syssiignned to �`�"-"A,—' Councilor V 1 " L 02-103 BN 8150 P910O 013247 04-12-2002 @ 10:35a CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of April //, 2002, by 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, PILGRIM ORTHODOX PRESBYTERIAN CHURCH, a Local Independent Church and a Maine Corporation with its place of business located in Bangor, County of Penobscot, State of Maine, WITNESSETH; WHEREAS, Pilgrim Orthodox Presbyterian Church 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 or about 375 Mount Hope Avenue and identified on Assessors Map R-63 as Lot 12 (said land hereinafter referred to as the `subject premises'). Reference may be had to a deed recorded in the Penobscot County Registry of Deeds in Volume 1699, Page 299 for a more particular description of said land; and WHEREAS, pursuant to 30-A M.R.S.A. Section 9352 and Chapter 165-7 of Codes of the City of Bangor, application was made for a contract z change, so-called, to reclassify said parcel of land comprising a land area of 1.56 acres as set forth in Exhibit A attached hereto and incorporated herein by reference, from an Urban Residence One District to a Contract Government and Institutional Service District under the Land Development Code of the City of Bangor, said application proffering certain conditions or estrictions 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 02-103 (As Amended), whereby it reclassified the subject premises from an Urban Residence One District to a Contract Government 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 Ccuncil Ordinance 02-103(AS Amended) and the restrictions and/or conditions contained therein being attached hereto as Exhibit J. and incorporated herein by reference. 02403 BN 8150 Py1O1 •13247 NOW THEREFORE, in nsideration of the reclassification of the subject premises from an Urban Residence One District t0 a Contract Government and Institutional Service District under the Land Development Code of the City of Bangor, the Owner agrees as follows: 1. Pilgrim Orthodox Presbyterian Church, (hereinafter referred to as the "OWNER")for it, its successors, assigns, and lessees, 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 conditions on the physical development of the property: A. That the use of the property be limited to the following: places of worship with customary accessory dayincluding group day care o nursery school and a c eenter (30 children maximum) for church members and attendees. B. Development Restrictions: (1) Maximum Lot Coverage: Twenty Percent (208) (2) Maximum Building Size: 15,000 Square feet (3) Impervious Surface Ratio: 0.60 (4) Maximum Signage Size: 50 square feet (5) Yard Dimensions: Per City Ordinance (G & ISD Zone) (6) Maximum Building Height: 50 feet (9) Buffer Yards: - Easterly aide line: Buffer Yard "C' with Fence - westerly Side line: Buffer Yard'B' 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 it, 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. 02-103 Bk 8150 Pg1O2 %13247 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 r more of the foregoing restrictions, provisions, conditions, covenants, and agreements, the abutting landowner(s) shall have the following remedies: a. 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 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 r be deemed a of the right to do a thereafter as a to the same breach or violation or as to any breach or violation occurring prior to or subsequent thereof. 4. The OWNER hereby agrees that the provisions of this Agreement shall remain n full force and effect until such time e as the a may bem modified, amended, repealed, and/or replaced upon their written agreement. it is expressly understood 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 OWNER hereby agrees that nothing in this Agreement shall be construed so as to preclude the future exercise of the Bangor City Council's legislative authority relative tothe zoning 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 outlined in paragraph 1, subparagraphs A., and E., above, subject to the restrictions, provisions, conditions, covenants, and agreements contained in this Agreement, shall be allowed to continue as a nonconformity or 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 OWNER hereby agrees, for it, its aoand signs, to waive any and all rights to challenge theavalidity of Council Ordinance 02-103(As Amended) or the terms of this Agreement. BN 8150 Pg103 01324103 c 7. The -OWNER hereby agrees that if one of the restrictions, provisions, conditions, covenants, and agreements, o 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 OWNER hereby further agrees that n the event any of the contracted provisions contained in paragraph 1, subparagraphs A., and B., above, are invalidated or such other provision is invalidated so as to constitute a material change in the restrictions, provisions, conditions, covenants, and agreement the City of Bangor or abutting land owners shall have the power to seek a reversion and/or change of thezoning ing of the subject premises to the zoning classification or its subsequent designation in effect at the time of the approval of this contract zone 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 a Badmen 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 minimizing 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 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. PILGRIM ORTHODOX PRES YTBRIAN CHURCH Ka)i (n 0. _rftahnl c O By Witness than Connor, President and of Trustees I BN 8150 P9104 #13247 02103 CITY BANGOR BY eawara A. BSBrraEt Its City Manager STATE OF MINE Penobscot, ss. April 'Y �h 2002 Then personally appeared the above named Jonathan Connor and acknowledged the foregoing to be his free act and deed in his said capacity as President of the Board of Trustees and the free act and deed of said Pilgrim Orthodox Presbyterian Church. Before me, C Q� �7 Printed Name: Justice of the Peace Notary Public AIML.RmoYMR Attorney at LawN@E nSMMXa My 6erauM Eytllp BEpbmh128, YOYB STATE OF MAINE Penobscot, as. April // , 2002 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, ted N.0:642.✓ Pit ted Naame: % � [.662€L Notary Public r TERRI L. COREY ROTARY PUBLIC, MAINE NY COMMISSION EXPIRES OECEMRER".POW SEAL 02-103 00or- F AD URD -1 CON RACT EXHIBIT P BN 8150 Pg105 %13247 -1 TO ®URD G&ISD CONTRACT_ ` W�� ,o® 1p 0 ®a o 9 LDR 14 00or- F AD URD -1 CON RACT EXHIBIT P BN 6150 PU106 X13247 C.O. 02-103 (Amended by Substitution) CITY OF BANGOR February 25, 2002 (TITLE.) Ordinance, Amending Land Development Code - Zone Change 375 Mount Hope Avenue Bertan*snedbydw0BojBaig ,=jBIleI THAT the zoning boundary lines as established by the Zoning Map of the Qty of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a parcel of land located at 375 Mount Hope Avenue (rax Map No. R-63, Parcel No. 12) from Urban Residence One District to Contract Government and Institutional Service District. Said parcel containing approximately 1.56 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 165-7 of the 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 anti/or restrictions: A. That the use of the property be limited to the following: places of worship with customary accessory uses, including group day ore or nursery school and a day care center (30 children maximum) for church members and attendees. B. Development Restrictions: (1) Maximum Lot Coverage: Twenty Percent (20%) (2) Maximum Building Size: 15,000 square feet SEAL (3) Impervious Surface Ratio: 0.60 (4) Maximum Signage Size: 50 square feet m cin cooecic February 25, 2002 (5) Yard Dimensions: Per City Ordinance (G & ISD Zone) Passed A ' py, eat: (6) Maximum Building Height: 50 feet t.- c xz EXHIBIT 6 02-103 A> "ed by Subetitutiw (» Buffer Yards: - Easterly side line: Buffer Yard "C" with fence Westerly side line: Buffer Yard"B" 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 sald agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. 02-103 Amended by Substitution MEMORANDUM DAM February 23, 2002 TO: The Honorable City Council FROM Katherine L. Weber, Planning Officer SUBMCf: C O. N 02-103 (As Amended) At the Planning Board Meeting ofFebmary 19, 2002, the applicant, Pilgrim Orthodox Presbyterian Church, offered an amendment to the comma zone change wnditions wNained in C.O. 9 02103 (As Amended). The amendment was under Section A to add language that the day care center would be "for church members and aneadcea" The Planning Board voted 4 to 1 to recommend M the City Council that the contract mm change contained im C O. 4 02-103 (As Amended) be approved. Therefore, we are asking to Amend by Substitution C.O. k 02-103. C.O. 02-103 s • (Mended by substitution) CITY OF BANGOR (TITLE.( Ordinance, Amending Land Development Code — Zone Change 375 Mount Hope Avenue Be it eemederde C+nefll �. mfoff 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 375 Mount Hope Avenue Cray Map No. R63, Parcel No. 12) from Urban Residence One District to Contract Government and Institutional Service District. Said parcel containing approximately 1.56 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 165-7 of the 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. That the use of the property be limited to the following: places of worship with customary accessary uses, including group day care or nursery school and a day rare center (30 children maximum) for church members and attendees. B. Development Restrictions: (1) Maximum Lot Coverage: Twenty Percent (20%) (2) Maximum Building Sire: 15,000 square feet (3) Impervious Surface Ratio: 0.60 (4) Maximum Signage Size: 50 square feet (5) yard Dimensions: Per City Ordinance (G & ISD Zone) (6) Maximum Building Height: 50 feet 02-103 ®URD -1 TO G&ISD CONTRACT_ ®= ` 1.44 19 © © \ 0 10 o URD- i CON RACT 02-103 Haden Orthodox Presbyterian Church Contract Zone Change - Proposed C dC IIse Cometions: ThdweoftheprpP ybelimitedtothefollowin: Placeaofworship;grouladay care or nursery school; day cue center (30 children noutimmn); castomary, accessory uses. DnelcomentRestrictions: (1)M ''mum Lot Coverage: 'IWenty Percent (20%) (2)Minimum Building Size: 15,000 Name feet (3) Impervious Surface Ratio: 0.60 (4) Maximum Signage Size: 50 square feet (5) Yard Dimensions: Per CRY OnEnunce(O&ISD zone) (6) Maximum Building Xeight 50 feet (7) Buffer Yards: - Easterly side line: Buff yam! "C"with fence - Westerly side line: Buffer yard "W OY(o� eCcQ�Q��bn V �{wrlL�e COMMUNICANT X -(p SrmK rerun X X x X /1RE'g/771P�I1 X X x X G(Iicu.NS T� COMMNNIC f�.' At .Y MEMBER E NO X ��,AdMW MWMOKM �MAKOWO � �o / � _� 1 1 �,. �u A.� I� �� 1 amu_ � �/1%• �� �W " / ', AO M X OOMMUNIOHM MAMP AIIORFRB MFMRFRVFRMO V. 3 t i'-�/IAIN V. 3 t