Loading...
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 G�ISD � � ~ CONTF�k z Q Ste 5 �O®r " %fes, • EXHIBIT A I]3 - Y a ]IS 10l Ix a y�mX °4 � I l! R S® Bk 8444 P9304 #44689 02-317 G�ISD � � ~ CONTF�k z Q Ste 5 �O®r " %fes, • EXHIBIT A IH CRY 00"al, September 9. 2002 02-all MI 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 N r �A w Q 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