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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