HomeMy WebLinkAbout2002-03-25 02-152 ORDINANCECOUNCIL ACTION
Date March 25, 2002 Item No. 02_Ics
Item/Subject:
Amending
Land Development Code
- Otis
Street
Responsible
Department:
Planning Division
For Referral to Planning Board Meeting of April 2, 2002, 7:00
P.M.
The applicant, Eastern Maine Healthcare, is requesting a contract
zone change for their property located on Otis Street. The
requested change is from Government and Institutional Service
District, Urban Residence 1 District and Contract Government and
Institutional Service District to Contra Government and
Institutional Service District.
Uw/
ztment Head
Manager's Comments:
City Manager
Associated InEormationwo�w A40
.,m..d.'.
Finance Director
_ Passage
First Reading Page 1 of 1
X Referral to Planning Board Meeting of April 2, 2002
a2-152
Assigned to Cowcilox Tremble March 25, 2002
CITY OF BANGOR
(TITLE.) O r d l n 3T1 C2 r Amending Land Development Code - Zone Change
Otis Street
ea vomadarwe cn Mema�. aSfdmm:
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 parcels of land located on Otis Street (Tax Map No. 54, Parcel Nos. 221, 2240
and 224D) from Government and InstiWtioeel Service District, Urban Residence 1 District and
Contract Government and Institutional Service District to Contract Government and
Institutional Service District Said parcels containing approximately 6.3 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. The use of the parcel shall be for employee parking only.
e. There shall be no read, driveway, or other vehicle access to or egress from Garland
Street to the panting area.
C. The owner may provide a curb cut onto Otis Street, at the southwest corner of the
parking area, the exact location to be determined by the Planning Board, for vehicles
exiting the lot via Otis Street. The curb art will only provide egress from the parking
area and is limited to left turning, exiting traffic.
D. The lot shall have a type Di bulferyard 15' wide along Garland Street and Otis Street
and shall have a type C-4 bulferyard IV wide along the two other sidelines. On the
north side of the Wing park facility adjacent to the Garland Street residential
development (where an 8 foot high stockade fence shall be erected and maintained);
the remainder of the Wing park facility on be fenced by a chain link fence placed
behind the D-4 bulferyards.
02-152
E. Where reasonably practical, healthy mature trees located in the bufferyards shall be
preserved. No such trees shall be removed without the approval of the Planning Board;
however, Planning Board approval will not be necessary if the Qty forester certifies that
a tree has become dangerous, diseased, or otherwise should be removed.
F. This agreement repeals the prior My 31, 1989 and November 27, 1989 Agreements
relating to the parcels that are the subject of this Agreement. The Agreement shall
apply to the entirety of the Wing Park employee parking facility.
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 mndibons
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 exemted within ninety (90) days from the date of passage hereof, this Ordinance shall
become null and void.
IN CITY COUNCIL
March 25, 2002
first Reading
Referred to Pla®ing.
board
oa8�
ci Al
OCl LR
In CIT4 COUNCIL
April 8, 2002
Council voted conflict for
Councilor Crowley. Councilor
Crowley abstained from discussion
and vote. Council 8ohman
assured the Chair for this item.
Motion Made and Seconded for
Passage
Andrew Hamilton, representing the
applicant, gave details of this
request for same
change.
Vote: 8 yea. Iabstaiuing
Councilors voting yea: Allen.
Haldaccl. Paxnhm, Farrington,
Really, Palmer. ROMan S Trouble
Councilor abstaining: Crwley
Panned
=Idnig
02-152
ORDER
Tide, Amending Land Oevlopment Code -
Zoue Change - Otis Street
Assigned to
Councilor �(/ W
BN 8260 P958 #26396
07-03-2002 0 1O:13a
02-152
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of -Y Xy 3 , 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, EASTERN MAINE HEALTHCARE, a Maine corporation with
its principal place of business located in Bangor, County of
Penobscot, State of Maine, acting for itself and as authorized
representative for EASTERN MAINE MEDICAL CENTER also a Maine
corporation with its principal place of business located in
Bangor, County of Penobscot, State of Maine
WITNESSETH:
WHEREAS, Eastern Maine Healthcare is the owner of record of
a certain parcel of land situated in Bangor, County of Penobscot,
State of Maine, said land being located on Otis Street and
identified on Assessors Map 54, Lot No. 224D and Eastern Maine
Medical Center is the owner of record of a certain parcel of land
located on Otis Street insaid Bangor and identified on Assessors
Map 54, Lot Nos. 221 and224C(said land hereinafter referred to
as the -subject premises-). Reference may be had to deeds
recorded in the Penobscot County Registry of Deeds in Volume
7662, Page 44; Volume 3447, Page 258; and Volume 3531, Page 316
for a more particular description of said land; and
WHEREAS, pursuant to 30-A M.R.S.A. Section 4352 and Chapter
165-7 of Codes of the City of Bangor, application was made for a
contract zone change, so-called, to reclassify said parcels of
land comprising a land area of 6.3 acres as set forth in Exhibit
A attached hereto and incorporated herein by reference, from a
Government and Institutional Service District, Urban Residence 1
District and a Contract Government and Institutional Service
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 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
02-152, whereby it reclassified the subject premises from a
Government and Institutional Service District, Urban Residence
One District and a Contract Government and Institutional Service
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
Council Ordinance 02-152 and the restrictions and/or conditions
contained therein being attached hereto as Exhibit B and
incorporated herein by reference.
Bk
6260
Pg59
#26396
02-152
NOW THEREFORE, in consideration of the reclassification of
the subject premises from a Government and Institutional service
District, an Urban Residence One District, and a Contract
Government and Institutional service District to a Contract
Government and Institutional service District under the land
Development Code of the City of Bangor, the owner agrees as
follows:
1. EASTERN NAINE HEALTHCARE, (hereinafter referred to as
the -OWNER-)for itself, its heirs, personal representatives,
assigne,and lessees, and EASTERN NAINE MDICAL
CENTER, for itself, its heirs, personal representatives,
successors, assigns,and lessees, both hereby covenant and agree
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. The use of the parcel shall be for employee parking only.
B. There shall be no road, driveway, or other vehicle access to or egress
from Garland Street to the parking area.
C. The owner may provide a curb cut onto Otis Street at the southwest
comer of the parking area, the exact location to be determined by the
Planning Board, for vehicles exlting the lot via Otis Street. The curb cut
Will only provide egress from the parking area and is limited to left
turning, exiting traffic.
D. The lot shall have a type D4 bufferyard 15' wide along Garland Street and
Otis Street and shall have a type C-4 bufferyard 10' wide along the two
other sidelines. On the north side of the Wing park facility adjacent to the
Garland Street residential development (where an 8 foot high stockade
fence shall be erected and maintained); the remainder of the Wing park
facility can be fenced by a chain link fence placed behind the D-4
bufferyards.
E. Where reasonably practical, healthy mature trees located in the
bufferyards shall be preserved. No such trees shall be removed without
the approval of the Planning Board; however, Planning Board approval will
not be necessary if the City forester certifies that a tree has become
dangerous, diseased, or otherwise should be removed.
F. This agreement repeals the prior July 31, 1989 and November 27, 1989
Agreements relating to the parcels that are the subject of this Agreement.
The Agreement shall apply to the entirety of the Wing Park employee
parking facility.
Bk 8260 Pg60 X263962-152
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.
3. The OWNBR hereby agrees that if it, or any person
claiming under or through it, shall at any time violate o
attempt to violate, or shall omit to perform or observe any one
or 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 be deemed a waiver of the right to do so
thereafter as to the same breach o violation o s to any breach
or violation occurring prior to or subsequent thereof.
4. The OWNER hereby agrees 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 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 a amendment to said Ordinance and shall be
processed accordingly.
S. 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 to the
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.,
B., C., D., E., and B., above, subject to the restrictions,
provisions, conditions, covenants, and agreements contained i
this Agreement, shall be allowed to continue as a nonconformity
BN 826O Pg61 #2639602-152
or a conforming 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 successors and
assigns, to waive any and all rights to challenge the validity of
Council Ordinance 02-152 or the terms of this Agreement.
]. The OWNER hereby agrees 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 OWNER hereby further agrees that
in the event any of the contracted provisions contained i
paragraph 1, Bubparagraphs A., B., C., D., E., and F., 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 o
abutting land owners shall have the power to seek a reversion
and/or change of the zoning 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 an amendment to the Land Development Code i
effect at the time, and shall be evaluated in accordance with the
criteria established for the review
n
of z change applications.
It being the intent of the parties heretothat 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
exteznalties of the requested rezoning.
a. 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.
02-152
BN 0260 Pg62 X26396
EASTERN MAINE HEALTHCARE
EY�
Menne we. Mews
Bxecut' Vice
President
CITY OF BANGOR
BY
dwara A. Barrett
Its City Manager
STATE OF MAINE
Penobscot, as. s 4 3 , sooz
Then personally appeared the above named Kenneth A. Hews and
acknowledged the foregoing to be his free act and deed in his
said capacity as Executive vice President and the free act and
deed of said Eastern Maine Healthcare.
LEONARD OIAMBALVO Before me,
Notary Public • State M Maine K,ZA+-Lerd�d-/*�7a-u�ry
My commission Mims Sail. 6. M07 Printed Name:
Justice of the Peace
Notary Public
Attorney at Law
SEAL
02-152
BN 8260 Pg63 026396
STATE OF MAINE
Penobscot, as. 7EY� 3- , 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,
rinted lame:0 Z
s amenrreane .Pa-wes
Notary Pnbllc e
SEAL
G&ISD TO:
URD 1 TO:
G&ISD CONTRACT TO:
Bk
8260
Pg64
#26396
02-152
I[CT: • • k
3IT A
Til CRY Mullltt BM 8260 Pg65 #26396
April 8, 2002 02-L52
Bass"
A lEroe Copy. Attest:
*1f
a good to Cooscilor Tremble Larch 25, 2002
CITY OF BANGOR
(TITLE.) C r d.l n d R C e r Amending Land Development Code — Zone Change
Otis Street
Be it adaW Eymecly orsongw. WfMowt
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 charging parcels of land located on Otis Street (Tax Map No. 54, Parcel Nos. 221, 2240
and 224D) from Government and Institutional Service District, Urban Residence 1 District and
Contract Government and Institutional Service District to Contract Government and
Institutional Service District. Said parcels containing apprmdmately 6.3 arms 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
fallowing limitations and/or restrictions:
A. The use of the parcel shall be for employee parking only.
B. There shall be no road, driveway, or other vehicle access to or egress from Garland
Street to the parking area.
C. The owner may provide a curb out onto Otis Street, at the southwest comer of the
parking area, the exact location to be determined by the Planning Board, for vehicles
exiting the lot via Otis Street. The curb cut will only provide egress from the parking
area and is limited to left turning, exiting tragic.
D. The lot shall have a type D4 bufferyard 15' wide along Garland Street and Otis Street
and shall have a type C4 bufferyard 10' wide along the two other sidelines. On the
north side of the Wing park facility adjacent to the Garland Street residential
development (where an 8 foot high stockade fence shall be erected and maintained);
the remainder of the Wing park facility can be fenced by a chain link fence placed
behind the D4 buReryarts.
EXHIBIT B
026396
02-152
E. Where reasonably practical, healthy mature trees located In the bufferyards shall be
preserved. No such trees shall be removed without the approval of the Planning Board;
hoverer, Planning Board approval will not be necessary if the City forester certifies that
a tree has become dangerous, diseased, w otherwise should be removed.
F. This agreement repeals the prior Jury 31, 1989 and November 27, 1989 Agreements
relating to the parcels that are the subject of this Agreement. The Agreement shall
apply to the entirely of the Wing Park employee parking facility.
2. Execution by those partes 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 shall
become null and void.
jm+ -mea 11.» W1 Wm taw ate m, iu 44, V.B Wo
152
]/1/01
APPLICATION FOR LAUD DEVELOPMENT CODE AND MAP AMENDMENT
10: THE CITY COUNCIL AND DATE 01/10/02
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. I(HE) Eastern Maine Healthcare
2. of AS c � e e Bmnoz o_nana 17n]g73-]]]3
Address aCity orn Past office Telephone
hereby petition to amend the Land Development Code of the City of
Bangor, Maine by reclassifying from G&ISD (Contract) and
district to [he G&ISD (Contract) district for the
property outlined in red on the maps attached hereto, which are
part of this application, and described as follows:
3. ADDRESS OF PROPERTY (1f any) Otis Street
Total Area (acres or square feet) 6.3 a res
4. PROPERTY LOCATION (General location): Example - South side of
State Street 400 yards. East of Pine Street
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 54 Parcel ME
6. EXISTING USE: Parking Facility
7. PROPOSED USE: Parking Facility
a. NAME AND ADDRESS OF OWNER OF RECORD: KameEastern Maine Healthcare
489 State St., P.O. Box 404
Addxese Bangor, ME 04402-0404
Eastern Mai Healthcare
9. NAME AND ADDRESS OF CONTRACT , Ba (if C...,,,h...):
489 State St., P.ER O. Box ACT OWNER:
10. SIGNAT[IRE OF OWNER OR CONTRACT OWNER: T
11. REPRRSENTATIVE OF APPLICANT: Name P. Andrew Hamilton, Esq.
(i£ applicable)Doren
ea o y
Address P. 0. Box 1210, Bangor, ME 04402-1210
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST,
RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME
Application fee Processing Advertising Total
Cone Change (1/2 acre or less) $244.75 $234.00* $5]8.]5
Zoite Change (in excess of 1/2 acre) $550.75 $234.00^ $784.75
Contract Zone Change $829.50 $292.00: $1,121.50
'Two Ads Required
�UnUIuJ FEB 19 2002 II '_
u
o2-152
Conditions of Wing park contract sone change
A. The use of the parcel shall be for employee parking only.
B. There shall be no road, driveway, or other vehicle access to or egress from Garland
Street to the parking area.
C. The owner may provide a curb cut onto Otis Street, at the southwest comer of the
parking area, the exact location 0 be determined by the Planning Board, for vehicles
asking the lot via Otis Street. This curb cut will only provide egress from the parking
area and is limited to left turning, exiting traffic.
D. the lot shall have a type D4 bufferyard 15' wide along Garland Street and Otis Street
and shall have a type C4 bufferyurd l0' wide along the two rNer sidelines. On the
north side ofthe Wing park facility adjacent to the Garland Street residential
development (where an 9 foot bigb stockade Items shall be erected and maintained);
the remainder of the Wing park facility can be fenced by a chain link fence placed
behind the D4 bufferyards.
E. Where reasonably Practical, healthy mature trees located N the butferyards shall be
preserved. No such trees shall be removed without the approval of the Planning
Board; however, Planning Board approval will not be necessary if me City Forester
c uti6es N& a was has become dangerous, diseased, or otherwise should be removed.
F. 'Phis agreement repeals the prior July 31, 1989 and November 27,1989 Agreements
relating to the parcels that arethe subject of Nis Agreement This AgreenentshaB
apply to the entirely of the Wing Park employee parking facility.
IIIUII:,'I(u'1 FEB 19 2002
IG&ISD TO: o_s
URD 1 TO:
G&ISD CONTRACT TO:
4 ® N
® �"� .I► 53
G&ISD
R E E T
URD
o
eo I
G&ISD
e i1
D
o
:o
G&ISD
e i1