HomeMy WebLinkAbout2002-08-26 02-317 ORDINANCE_COUNCIL ACTION
Auouet 26. 2002 Item No. 02-317
Item/Subject: Amending Land Development Code 1' Contract Zone
Change gg Spruce Street
Responsible Department: Planning Division
Commentary:
For Referral to Planning Board Meeting of September 3, 2002, 7:00
P.M.
The applicant, Eastern Maine Medical Center,rrequesting a
contract z change for four parcels of land containing
approximately 20,070 square feet located on Spruce Street. The
requested change is from Urban Residence 1 District to Contract
Government and Institutional Service District.
Department Head
Manager's Comments:
City Manager
Associated Information:
Finance Director
1 citor
Introduced For
Passage
1 First Reading Page 1 of 1
X Referral to Planning Board Meeting of September 3, 2002
02-317
Assigned to CwvcIIox Baldacd August 26. 2002
CITY OF BANGOR
(TITLE.) O r di n a n C e r Amending Land Development Code — Contract Zane
Change — Spruce Street
& it mdalaed by the CIN ufawgo.. osfNlout
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 parcels of land located on Spruce Street (Tat Map No. 59, Parcel Nos. 225, 226,
227 and 228) from Urban Residence One District to Contract Govemment and Institutional
Service District Said parcels containing approximately 20,070 sq. it and being more
particularly indicated on the map attached hereto and made a part hereof.
PROVIDED, HOWEVER THAT, in addition to the mandatory wntlidons 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. Use of the property shall be limited to the following:
(1) Facilities operated by public service agencies or private nonprofit organizations
limited to health, education, social welfare, and cultural uses.
(2) Group day-care or nursery school
(3) Nursing home.
(0) Accessory uses on the same lot and cuslormily, incidental and subordinate to the
above uses.
B. Development Restrictions:
(1) Maximum Lot Coverage: 25%
(2) Yard Dimensions: Per City Ordinance (G & ISD once)
(3) Maximum Building Height: 35 Feat
(a) Impervious Surface Ratio: 50%
(5) Maximum Floor Ares Ratio: 0.5
(6) Buffer Yards Clype and Width)
Rear Yard: Buffer YmdB
Side Yard: Buffer Yard B
NCIL t
IP CItR 6, 2002
Forst[
First sending 2002 eadivg 3
Referred to Plawisg Al 02-017
Board
nana ao .n
C 0RnI N A N CR
Cb�C
(TITLE,) a pureloperet
Code -
Contract Eave Change - Spruce Street
Itl CITT r 9. 2L
SepteMotion
9. 2002
for
Rade and Seconded
Cor Paasage
Carvell Councilor
Crowd Coafl3cC
Car Coweilra Crwiry
from
Discussion
a d Vote Cow Oityes,iI bst inin
Vote: 0 yes, 1 ng yes:iAl
Councilors ormosr Yes: Allen, Assigned b Councilor
ralduci, Paxvbam, Farrington,eand
NealleTrembly, Palvey Hohmam and
Tremble
Crwley
Pabstaivisg:
Passed
aasCd
02-317
Bk 6444 P9299 #44689
I1-08-2002 @ O1:3lp
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of,0410- 6 , 2002, by the CITY OF
BANGOR, ancipal corporation with a place of business located
at 73 Harlow Street, in Bangor, County of Penobscot, State of
Maine, AND, EASTERN MAINE MEDICAL CENTER, a Maine corporation
with its principal place of business located in Bangor, County of
Penobscot, State of
WITNESSETH:
WHEREAS, Eastern Maine Medical Center is the owner of record
of certain parcels of land situated in Bangor, County of
Penobscot, State of Maine, said land being located on Spruce
Street and identified on Assessors Map 54, as Lot Nos. 225, 226,
229 and 228 (said land hereinafter referred to as the 'subject
premises'). Reference may be had to two deeds recorded in the
Penobscot County Registry of Deeds in volume 0375, Pages 35 and
40, respectively, 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 20,090 square feet 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 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
02-317, whereby it reclassified the subject premises from an
Urban Residence 1 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 02-317 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 subject premisesfrom an Urban Residence 1 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 MAINE MEDICAL CENTER (hereinafter referred to as
the "OWNER')for itself, its heirs, personal representatives,
BN 8444 Pg3OO #44689
successors, assigns, and lessees, hereby covenants and agrees
that the use, occupancy and/or development of the subject
premises,naddition 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. Use of the property shall be limited to the following:
(1) Facilities operated by public service
agencies or
private nonprofit organizations limited to health,
education, social welfare, and cultural uses.
(2) Group day-care or nursery school
(3) Nursing home.
(4) Accessory uses on the same lot and customarily
incidental and subordinate to the above uses.
B. Development Restrictions:
(1) Maximum Lot Coverage: 25W
(2) Yard Dimensions: Per City Ordinance (G & IBD
zone)
(3) Maximum Building Height: 35 Feet
(4) Impervious Surface Ratio: SOW
(5) Maximum Floor Area Ratio: 0.5
(6) Buffer Yards (Type and width)
Rear Yard: Buffer Yard B
Bide Yard: Buffer Yard B
2. The OMER 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 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 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
BM 8444 Pg3O1 b44&Bg
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 ovent be deemed a waiver of the right to do so
thereafter asto 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 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.
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 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.,
and B., above, subject to the restrictions, provisions,
conditions, covenants, and agreements contained in this
Agreement, shall be allowed to continue as anonformity or a
nonconforming u whichever the case may be, in[accordance with
the provisions of the Land Development Cade, as my be in effect
at the time of said zone change, governing the same.
6. The OWNER hereby agrees, for it, its successors and
signs, to waive any and all rights to challenge the validity of
Council Ordinance 02-317 or the terms of this Agreement.
7. 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 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
Bk 8444 Pg308 #44688
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 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.
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 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.
EASTERN MINE MEDICAL CENTER
BY —/
Deborah C. Sqq n
Senior Vice P esident and
Chief Operating Officer
CITY OF BANGOR
BY eLa ((,
Edward A. Barrett.
�� /��
Its City Manager
BM 8444 Gg303 044689
STATE OF MAINE
Penobscot, as. G_ -l- Al 2002
Then personally appeared the above named Deborah C. Johnson
and acknowledged the foregoing to be her free act and deed in her
said capacity as Senior vice President and Chief Operating
Officer and the free act and deed of said Eastern Maine Medical
Center.
Before me,
Printed Name:
Justice of the Peace
Notary Public
Attorney at Law
STATE OF MAINE
Penobscot, ss. Abu, b , 20D2
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,
�an ,C ren.
PrintedName;
�e
Notary Public
baa'
P"-&' MAN
MV MMWS QN :'-:n'i8 0ECEY9B`
Bk 8444 P9304 #44689
02-317
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EXHIBIT A
IH CRY 00"al,
September 9. 2002 02-all
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Pasaed BM 6444 pg3O5 #44689
rat!✓� A'Irae C^PP, Attest:
Ass(gued to councilor Haldacd August 26, 2002
C1� a ITY OF BANGOR
(nniz.) Ordinanco Am ing land Development Code—Contract Zone
Change — Spruce Street
Sed crdalasdO the CxrsyB w, atfwm,m:
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 Ibllows:
By changing parcels of land located on Spmce Street (Tax Map No. 54, Parcel Nos. 225, 226,
227 and 228) from Urban Residence One District to Contract Government and Institutional
Service District. Said parcels containing approximately 20,070 sq. R, 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 subjW 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. Use of the pmpetty shall be limited to the following:
(1) Facilities operated by public service agencies or private nonprofit orgsnizatious
limited to hea1N, education, social welfare, And cultural sees.
(2) Group day-care or nursery school
(3) Nursing home.
(4) Accessory uses on the same lot and customarily incidental and subordinate to the
above uses.
B. Development Restrictions:
(1) Maximum Lot Coverage: 25%
(2) Yard Dimensions: Per City Ordmence(G e: ISD cone)
(3) MAximum Building Height: 35Feet
(4) Impervious Sunece Ratio: 50%
(5) Maximum Floor Atea Ratio: 0.5
(6) Buffer Yards (Type and Width)
Rear Yard: Buffer Yard B
Side Yard: Buffer Yard B
azar
Bk 8444 Pg306 #44689
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 said agreement is
not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall
become null and void.
IWO
02-31]
G&ISD 31
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fbs, D1
P -�
®URD1 TO
G&ISD CONTRACT
02-31]
2. Execution by those parties with an interest in the affected property of an
agreement providing for the implementabon and enforcement of all the terms and condidons
set Porth above and the recording of mid 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.
7/1/02 02-317
APPLICATION FOR LAND DEVE10PMENI' CODE AND R4P AMENDMENT
TO: ' THE CITY COUNCIL AND DATE
THE PLANNING EOARD OF BANGOR, MAINE: M.-
1. I(EE) Bastern Maine Medical Center
2 of 489 State Street F.O. Boz 4.04 Bangor, ME 04402-0404 (207) 973-7000
Address City or Poet Office Telephone
hereby petitiop to amend the Land Devel(Tmcn: Cade of the City of
Bangor, Maine by OL Snn(contractt)f�m Dan i district for the
district to the
poutlined in red on the maps attached hereto, which am
part
t of of this application, and described as follows:
3. ADDRESS OF PROPE@TY (if any) Spruce Stre9t Sasser ME 04401
Tetal Area (acres or square feet)
4. PROPERTY LOCATION (General location): Ezeuple - Booth side of
State Street 400 yards. East of Pine Street 225
226
S. LEGAL DESCRIPTION OF PROPERTY - AOmmOre Map NO. 54 Parcel 227 6 228
6. ENISTING USE: Residertfal / currently vacant
7. PROPOSED ME: See attached contract conditions
8. EPME ANO ADDRESS OF OWNER OF RECORD: Nameeg ire Medical Center
689 State Street P.O. Hoa 404
Address Banner ME 04402-0404
9. MAME AND ADDRESS OF CON11U CT OWNER (if .such): Same as owns
10. SI(D7ATUR3 OF OWNER OR CONTRACTOWNER:
11. REPRESSNTATIVE OF APPLICANT: Name P. Andrew Ramilton,. Esq.
(if applicable) Eaton Peabody 80 Exchange street, B ME
Address Y Se angor,
12. ATTACH ANY CONDITIONS PROPOSED_FOR A CONTRACT ZONE REQUEST.
RRTT FORM & DUPLICATE TO PLANNING DIVISION CITY HALL, BANGOR, ME.
Application fee Proceeeinq Advertising Total
Zone Change (1/2 acre or less) $355.25 $234.00* $589.25
Zone Change (in excess of 1/2 acre) $567.50 $234.00* $801.50
Contract Zone Change $850.50 $292.00* $1,142.50
*Two Ade Required �2a2Oan2D
JUL L351 ��
02-317
Eastern Maine Medical Center
Spruce Street Dormitory- Parcel 1
Government and Institudonal Services District (contract)
Contract Zone Change- Proposed Conditions
A.) Use Restrictions:
Use of the property shall be limited to the following:
(1) Facilities operated by public service agencies or private nonprofit
organizations heated to health, education, social welfare, set cultural uses.
(2) Omitted.
(3) Group day-care ar nursery school.
(4) Omitted.
(5) Omitted.
(6) Omitted.
(7) Nmaing home.
(8) Accessory uses on the same lot and customarily incidrntal and suburdimte to
the above uses.
B.) Development Restrictions,
(1) M 'mum Lot Coverage: '1\vwty-five Peromt(250%)
(2) YardDimeruiom: Per City Otdivance(G&ISD zone)
(3) Maximum Building Heigkt 35 fee[
(4) Impervious Surface Ratio: Fifty Percent(Smo)
(5) Marinate Floor Area Ratio: 0.5
(6) Buffer Yards (Type and Width):
-RearYazd: Buffer ymdB
-Side Yard: Buffer yardB