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Home My WebLink About2001-10-10 01-393 ORDINANCECOUNCIL ACTION Date October 10 2001 Item No. 01j93 Item/Subject: Amending Land Development Code tW 477 Essex Street Responsible Department: Planning Division For Referral to Planning Board Meeting of October 16, 2001, 7:00 P.M. The applicant, Dr. Robert Kassa, is requesting a contract zone change for a parcel of land located at 477 Essex Street. The requested change is from Urban Residence One District to Contract Neighborhood Service District. Department Head Manager's Comments; -7L NA�vaa2 City Manager Associated Information: wo✓ Passage First Reading Page 1 of 1 X Aefexral to Planning Board Meeting of October 16, 2001 Finance Director Legal Approval: Passage First Reading Page 1 of 1 X Aefexral to Planning Board Meeting of October 16, 2001 01-393 Resigned to councilor 34eoble October 10, 2001 CITY OF BANGOR (TITLE.) O rd l n a n C e 7 Amending land Development Cade - Zone Change 477 Essex Sheet Beit ormlmd by sA Ciry ofBw ,�m)Wlom 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 boated at 477 Essex Sheet (Tax Map No. 45, Parcel No. 14) from Urban Residence One District to Contract Neighborhood Service District. Said parcel containing approximately .75 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 anti/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. A maximum of 1,500 square feet of the existing building shall be used for health care professional office use. B. The health care professional staff on the premises shall net exceed five at one time. C. Health are professional office hours shall be limited to 7:00 AM to 5:00 PM. D. On site parting for health are professional office use shall not exceed twelve spaces. E. The existing parking area for health are professional office use shall remain in its present location and shall not be expanded. F. The promises shall have a minimum "C-2" buffer on the front, side and rear property lines. G. On-site signage shall not exceed two square feet in area. IN CIn COONCIL October 10. 2001 Fi:c[ Aeadiog Rbferr@a- to Pla®iag gaara C CL IN CITY CONNCIL oetober 22, 2001 Notion Made and secaodea for Passage vote: 9 yea Counciloie voting yeas Neldacci. Crowley. Pam . Farrington. Palmer. NOLmn. Presble i vara s G�Ff�OP L� p 01-393 ONOIN A N C B M ,) Averdine Lead Nevelom Cade - Zone Charge - 477 Nares Street Assigned to Councilor _ 01-393 BN 7935 Pg62 041365 „ 11-05-2001 ® O2:36P CONTRACT ZONING AGREEMENT THIS AGREEMENT is made a6 Of November .j', 2001, by the CITY OF BANGOR, amcipal corporation with a place of business located at 73 Harlow Street, in Bangor, County of Penobscot, State of Maine, AND, ROBERT M. KASSA, a resident of Bangor, County of Penobscot, State of Maine, 0 - WITNESSETH: 'WHEREAS, Robert M. Kassa is the owner of record of a certain parcel of land situated in Bangor, county of Eecot, State of Maine, said land being located at o about 4777 SSBland Serest and identified oAssessors Map 45, as Lot 14 (said land hereinafter a referred to as the Esubject premiere"M. Reference may be had ,to a deed of Harriett E. Ward to Robert o ty Re dated Of 29, 1909, and recorded in the Penobscot County Registry of Deeds in Volume 4581, Page 65 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 parcel of land comprising a land area of .75 acres as set forth in Exhibit A attached hereto and incorporated herein by reference, from a Urban Residence One District to a Contract Neighborhood Service District under the Land Development Code of the City of Landon, raid application proffering certain conditions or restrictions elating 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 01-393, whereby it reclassified the subject premises from a Urban Residence One District to a Contract Neighborhood 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 01-393 and the restrictions and/or conditions contained therein being attached hereto as Exhibit B and incorporated herein by reference. 01-393 BN 7935 Pg63 #41365 NOW THEREFORE, in consideration of the reclassification of the subject premises from an Urban Residence One District to a Contract Neighborhood Service District under the Land Development Code of the City of Bangor, the Owners agree as follows: 1. ROBERT M. MASSA, (hereinafter referred to as the -OWNER-)for himself, his heirs, personal representatives, aigns,and lessees, hereby cants and agrees that the u 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. A maximum of 1,500 square feet of the existing building shall be used for health care professional office use. B. The health care professional staff on the premises shall not exceed five at one time. C. Health care professional office hours shall be limited to 7:00 AM to 5:00 HE. D. On site parking for health care professional office use shall not exceed twelve spaces. E. The existing parking area for health care professional office use shall remain in its present location and shall not be expanded. P. The premises shall have a minimum "C-2" buffer on the front, aide and rear property lines. G. On-site signage shall not exceed two square feet in area. H. The residential character of the premises shall be retained and the portion of the premises not utilized for a health care professional office shall be limited to a single- family use. I- in the event that the subject premises ceases to be used for a health care professional office, the zoning classification of the premises shall be eligible for a reversion to an Urban Residence -1 District. 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 01-393 BN 7935 Pg64 #43365 subject premises, shall bind him, his successors and assigns, to or of said property o 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 he, or any person claiming under or through him, 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 o 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 e thereafter as a to the a 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. 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., E., G., H. and I, 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 himself, his successors and a signs, to waive any and all rights to challenge the validity of Council Ordinance 01-393 or the terms of this Agreement. 7. The OWNER hereby agrees that if one of the restrictions, provisions, conditions, covenants, and agreements, r 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., B., C., D., E., F., G., H. and I., above, are invalidated or such other provision is invalidated so s 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 reversi and/or change of the zoning of the subject premises to then z inand/or 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 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. 01-393 BM 7935 Pg65 #41365 as may be in effect at the time of said zone change, governing the same. 6. The OWNER hereby agrees, for himself, his successors and a signs, to waive any and all rights to challenge the validity of Council Ordinance 01-393 or the terms of this Agreement. 7. The OWNER hereby agrees that if one of the restrictions, provisions, conditions, covenants, and agreements, r 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., B., C., D., E., F., G., H. and I., above, are invalidated or such other provision is invalidated so s 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 reversi and/or change of the zoning of the subject premises to then z inand/or 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 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. 01-393 BN 7935 Pg66 #41365 IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. DOWN -/l . ROBERT M. �KASSSSA BY Y✓ I� A � CIT BANGOR By / Edward A. Barrett Its City Manager STATE OF MAINE Penobscot, as. November Z , 2001 Then personally appeared the Robert M. Kassa and acknowledged the foregoing to be his free act and deed. Safe me, SFA4L NORMAN N.MMYMAMNe inted Na Justice of the Peace Nm�P�M,I UUMIM. WN Notary Public MY EOMNIMMON PIMMB9 _ Attorney at Law STATE OF MAINE Penobscot, as. November 2 , 2001 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, N /frinted Nab 4� Justice of the Peace - NORMAN I,NMTMAMN,III Notary Public NWARYPUBIIC,MAINE Attorney at Law MYCOMMN 10NFMMBBBUMWNYSI.M4 D. t MRS O r5S k 1n ®� 1Y ip W 0 i MWPT 5 i ]A 01-393 Bk 7935 PG67 #41365 Szo W a a U C L O V E Rlee sA V 0 COURT \ 49 46 RR -1 ` / V � w 47 J.2 58 uz P5/ inn IV O ?i (a Ml D 5 T R E E T IN cm COUNCIL October 22, 2001 OI -3y3 Passed BN J935 Pg6B #91965 N T C Art' .�Maigoed to Cooncilor Tremble October to. 2001 u sCL SQA ' CITY OF BANGOR (TITLE.) Or d l R dR C e I Amending Land Development Code — Zone Change 477 Essex Street Be i, aMminedby Lire CarlBon ,m foHow.r: 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 477 Fssex Street (Tax Map No. 45, Parcel No. 14) from Urban Residence One District to Contract Neighborhood Service District. Said Parcel containing approximately.75 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. A maximum of 1,500 square feet of the existing building shall be used for heath care professional office use. B. The health care professional staff on the premises shall not exceed five atone time. C. Hearth tare professional office hours shall be limited to 7:00 AM to 5:00 PM. D. On site parking for health care professional office use shall not exceed twelve spaces. E. The existing parking area for health care professional office use shall remain in its present location and shall not be expanded. F. The premLses shall have a minimum "C-2" buffer on the front, side and rear property Ines, G. On-site signage shall not exceed two square feet in area. 01-393 BN 7935 Pg69 N413E.5 H. The residential character of the premises shall be retained and the porton of the premises not utilized for a health care professional office shall be limited to a single- family use. 1. In the event that the subject premises ceases to be used for a health ore professional ofIce, the zoning c assifcation of the premises shall be eligible for a reversion to an Urban Residence -1 District. - 2. Execution by those parties vath 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 ovmer, 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. 01-393 H. The residential character of the premises shall be retained and the portion of the premises not utilized for a health are professional office shall be limited to a single- family use. 1. In the event that the subject premises ceases to be used for a health are professional office, the zoning classiflation of the premises shall be eligible for a reversion to an Urban Residence -1 District. 2. Execution by those parties with an Interest in the affected property of an agreement providing for the implementation and enforcement of all the temis and conditions set forth above and the recording of mid a recuted 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 Me date of passage hereof, this Ordinance shall become null and void. 01-393 APPLICATION FOR LANA DEVELOPMBNT CODE AND MAP /1/00 ppEryDMBUT TO: THE CITY COUNCIL AND DATE THE PLANNING BOARD OF / BANGOR*, pM, aAINE: NO. 1. 1(WE) �pg€tY %I %(g z. of iAddinr Cr ty or Post Office Telephone hereby petition to amend the Land Devel Hant Code of the City of Bangor, Maine by reclassi i from ) district to the d district for the property outlined in red on the maps attached hereto, which a part of this application, and described as follows: e 3. ADDRESS OF PROPERTY (if any) 4 2 ge,v- Total Area (acres or square feet) 3 4. PROPERTY LOCATION (General location): Example - South side of State Street 400 yards. East Of Pine Street El ST 4Jat 0 Ersey S -r; i 4100 yip Sou 4 o. 27 9S o✓vsM21 S. LEGAL DESCRIPTION OR PROPERTY - Assessors Map No. 045�parcel BPj 6. EXISTING USE: Ms.,e / /JpF„3. p,✓rcE ]. PROPOSED USE: Fle�,e 8. NAME AND ADDRESS OF OWNER OF RECORD: Name S� Address 54'. 9. NAME AND ADDRESS OF CONTRACT OWNER (if such):�j 10. SIGNATURE OF OWNER OR CONTRACT OWNER: �(lq•> v-- 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM a DUPLICATE TO PLANNING DIVISION, CITY WALL, BANGOR ME. Aoolication fee Processing Advertisinv Total Zone Chance (1/2 acre or leas) $334.50 $234.00* $568.50 / zone Change (in excess of 1/2 acre) $534.50 $234.00* $768.50 Contract Zone Change $801.25 $292.00* $1,093.25 *Two Ads Required 01-393 9/18/01 Proposed Contract Zone Change Conditions — Dr. Robert Kassa - 477 Essex Street A. A maximum of 1,500 square feet of the existing building shall be used for health care professional office use. 0. The health care professional staff on the premises shall not exceed five at one time. C. Health care professional office hours shall be limited to 7:00 AM to 5:00 PM. D. On site parking for health care professional office use shall not exceed , twelve spaces. E. The existing parking area for health care professional office use shall remain in its present location and shall not be expanded. F. The premises shall have a minimum "C-2" buffer on the front, side and rear property lines. G. On-site signage shall not exceed two square feet in area. H. The residential character of the premises shall be retained and the portion of the premises not utilized for a health care professional office shall be limited to a single- family use. 1. In the event that the subject premises ceases to be used for a health care professional office, the zoning classifcation of the premises shall be eligible for a reversion to an Urban Residence -1 District. 30 J bJ ,69 AS / V IIA - � II v S9 AS GEIS® ® 6 A er CONTRA 5 41 r 28 i COD) x 44 32.34 >ild I, xs C L O V E R m �B 0 1 goo �'. COURT 6 ( O I .I W 58 15> L77M own -----Kqqka MILF O 5�T R E E Y