HomeMy WebLinkAbout1992-07-13 92-344 ORDINANCEDate August_24 toad hemrvo.92-34
(Amended)
Item/Subject: Amending the Land Development Code - 759 Ohio Street - C.O. M 92-344
(As Amended)
Responsible Department: Planning Division
Commentary:- `
The Planning Board held a public hearing on the above contract zone change
request at its regularly scheduled meeting of August 18, 1992.
Albert Liberatore and Jeanne Liberatore, the applicants, both spoke in favor
of the proposed change. .
Jean Deighan, are sident of 48 Penobscot Street, also spoke in favor of the
proposed change.
Angela Gilladoga, an abutting property owner, spokenopposition.
The Planning Board voted four in favor, n opposed, and Iabstention to
recommend to the City Council that the zonechange-request contained in C.O. p
92344 (As Amended) be denied.
M/wrtmem//
Manager's Commends:
1
CnyMar
AsetcistedlnOmmatian: proposed ordinance amendment, map, application, stat
and City Planning Staff recommendation. Other information on file.
Budget Approval:
Amce Comet
Legal Approval: This item involved an extensive
presentation by Dr. S Mrs. Liberatore i support
of their application, and a thorough xe�hearing Cory SWSuar
by the City Planning Board. Written materials presented by the
Liberatores and City staff have been retained and (continued on attaChl
Introduced For
®Passage -
❑First Heading pap —ol—
❑Heferral
tte, I
are available for inspection by the City Council. Accordingly,
although the Council may have questions for the applicants,
opponents, orother parties, if present, the Council's consideration
of this item should not take the form of a new public hearing.
Under Article 1, Section 6.5 of the City's Land Development Code,
this item requires a two-thirds vote of the City Council for final
passage, due to the negative recommendation of the City Planning
Board. Because a contract -zone change agreement operates a
an
amendment of the City's Land Development Code, the two-thirds
.prevision for approval refers to two-thirds of the whole Council,
or six affirmative votes.
Please note that although the City Planning Staff recommendation
is included in the agenda materials on this: item, extensive written
materials presented to the Planning Board by the Liberatores have
not been included in the agenda packet, due to their: volume. These
materials are available for the City Council's review and inspection
in the City's Planning Department, as is a taped record of the
Planning Board's hearing on August 18, 1992.
92-344
Ascend to Councilor (AS AMENDED) -
CITY OF BANGOR
(TITLE) (Dri[t M C9I Amenainv_Zoning Ordinance,
759 Ohio Street
Bell ordaiml by dw City Commis of City WBaapor,"IbUotrt
THAT the zoning boundary linea 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 part of a parcel of land located at 259 Ohio Street
(Tax Map No. R-34, Part of Parcel NO. IA) from Low Density Resi-
dential District to Neighborhood Service District. Said part of
a parcel containing approximately .57 acres and being more par-
ticularly indicated on the map attached hereto and made a part
hereof.
PROVIDED, HOWEVER THAT, in addition to the mandatory conditions
imposed by Chapter VIII, Article 2, Section 6.6, of the Ordinaac-
as the City of Bangor, said change of acne is granted subject
to the following conditions:
A. Only .57 acres fronting Ohio Street (26Ox12Ox195x130)
shall be rezoned as Neighborhood Service District See
Exhibit A -attached.
B. Remaining acreage (approximately 7.73 acres) to remain
under current z of Low Density Residential (LDR) and
Resource Protection.
C. No rental units will be permitted.
D. The existing two family farmhouse with attached "L"
shall be used as professional office. The office shall
not occupy more than 2,000 square feet of gross floor
area of the existing structure.
E. Remaining square footage of usable buildings (i.e.
barn, attached shed, outbuildings and remaining portion
Of second story) shall only be used forpersonal use.
93-344
(AS AMENDED)
F. The office shall be used by one Orthodontist; the sea -
bar of persons employed at said office shall be for
three full time positions.
G. The use of the property under the rezoning to Neighbor-
hood
eighborhood Service District shall be limited to only orthodon-
tic care. In the event that said property ceases to be
used for orthodontic care for one year, the property
shall revert back to asingle family dwelling, conflu-
ent with surrounding property uses.
H. All parking for the employees and patients of the pro-
fessional office shall be placed to the aide and rear
of the existing structure of the property. A maximum
of seven (y) off-street parking spaces for patient use
shall be maintained on the aide of the property. A
maximum of five (5) off-street parking spaces for em-
ployees will be maintained in the rear
of the existing
structure of the property. Patient parking shall be a
minimum of twenty (20) feet from the street line, ten
(10) feet from side lot line, ten (10) feet from rear
lot line.
I. use of parking spaces shall be limited to noncommercial
vehicles.
J. An appropriate coniferous vegetative buffer shall be
planted, where necessary, and maintained to a height of
at least four (4) feet to screen the parking area from
abutting properties and Ohio Street.
N. Normal hours of operation shall be from RAM to 5:30PM.
L. Professional signage shall not exceed three square feet
(3 sq. ft.) in sign area and shall be indirectly illumi-
nated.
N. Practice shall be conducted entirely within current
residential dwelling. Residential character of dwell-
ing shall not be altered.
N. Lighting of walkways and parking areas shall be direct-
ed toward the premises.
2. Execution by these parties with an interest in the af-
fected 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 agree-
ment is not so
executed within ninety (90) days from the date of
passage hereof, this Ordinance shall become null and void.
Exhibit A.
Legal description of subject premises
A certain lot or parcel of land with the buildings
thereon situated on the generally northeasterly side of Ohio St. in
said Bangor and being hounded and described as follows:
commencing at a point in the generally northeasterly side
of Ohio Street, said point being the southerly most corner of the
within described promises; thence running generally westerly by and
along the generally northeasterly side of Ohio Street a distance of
260 feet to a point; thence running generally northeasterly at a
right angle to Ohio Street a distance of 12D feet to a point;
thence running southeasterly and parallel to Ohio Street a distance
of 195 more or less to the southeasterly bound of the subject
premises; thence running southerly by and along the southeasterly
bound of the subject premisesto the point of beginning.
Daccribing a parcel of .57 acres more or less.
7 - 2�v
A. U. I.B3ean,'oae. D.M.D.
0780MVRvnM r
awwa. rvuxc owo�
a».eae>em
omxowwnca
lugust 3, 1992
Planning Office
City of. Bangor
City Nall
Bangor, Maine 04401
re: Application for land development code
and map amendment for A.U. and Jeanne
Liberatore
Sir:
As directed by the Bangor City Council (July 27, 1992), we
are resubmitting for consideration to rezone a portion of
property on 759 Ohio Street, Bangor.
Please review the attached application and notify us if
there are any,de£iciencies.
Please make this letter pert of the information submitted
with
''our application to the Planning Board.- _
Sincere
UN•1//RCFU
A.U.Liberatore D.M.D.
9¢nnf.i¢-
Jeannie Liberatore
AEPLICATION FOR LAND DEVE O ODE AND HAP ANZNUNDUfT
TO: THE CITY COUNCIL AND DATEAugust 3 1992 (cont. from
THE PLANNING BOARD OF BANGOR, NAINE: NO. T72792)
1. I(W)_. Albert U and Jeanne L Liberatore
S9Tf$
2. of 54 Penobscot Street Ban%or Maine 9424920 wk
wk
Atltlreee City or Post Office Telephone
hereby petition to Sound the Land Development Code o� the Clity of
Bangor, Maine by reclassifying from Low-eensity Resi entra
district t0 the N€ivhborhood Service Distric district for the
property outlined In xed on the mope attached hereto, which are
Part Of this application, and described as follows:
3. ADDRESS OF PROPERTY (if any) 759 Ohio Street an or.
Total Area (acres or square feat) acre o acres
4. PROPERTY LOCATION (General loeation): Example - South side of
State Street 400 yards. East of Pine Street
North �..A1s.''idd6e� of Ohio Street, west of Griffin Road
S. LEGAL D�g E"44ONt Oi PROPERTY - Massacre Nap No.g3-4Paroe1 }Q_,
6. EXISTING USE: Non-Conformin% Multi -Family Dwelling
7. PROPOSED USB: Neighborhood 'ervjce
for sold DraCtitioner of
Orthodontics
S. NAME AND ADDRESS OF OWNER OF RECORD: Nam Verne Robins (deceased)
JaRobinson, Executor
Address 759 Ohio Street
angor, a9�`�9rne 1
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): A.U. and J.L. Liberatore
10. SIGNATURE OF OWN11t OR CONTRACT OWNERagaa !j2 PIn(lehcx+w angor
11. REPRESENTATIVE OF APPLICANT: Nam N/A
(if applicable)
Address
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
""SEE ATTACHED CONDITIONS***
RETURN FORK & DUPLICATETO PLANNING DIVISION, CITY H 6 UOR ME
Aoulication fee frocessina Adyertisina Total
Zone Change (1/2 acre or lase) $273.50 $200.00+ $473.50
Zone Change (in excess of 1/2 acre) $437.75 $200.00* $656.75
Contract Zone Change $656.50 $250.00* $906.50
*Two Ade Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
CONDITIONS
TO AMEND.A PORTION OF A PARCEL OF LAND LOCATED AT 759 OHIO
STREET (TAX MAP NO. R34, LOT 14) FROM LOW DENSITY
RESIDENTIAL TO NEIGHBORHOOD SERVICE DISTRICT.
The use and/or operation of the subject premises
shall be subject to the following limitations
and/or restrictions:
1. Only .57 acres fronting Ohio Street (250x12Oxl95xl30)
shall be rezoned as Neighborhood Service District
See Exhibit -A-attached
2. Remaining acreage (approximately 7.73 acres) to remain
under current zone of Low Density Residential (LDR)
and Resource Protection
3. No rental units will be permitted
4. The existing two family farmhouse with attached "L"
shall be used as professional office. The office shall
not occupy more than 2,000 square feet of gross floor
area of the existing structure.
S. Remaining square footage of usable buildings (i.e. barns
attached shed, outbuildings and remaining portion
of second story) shall only be used for personal use.
6. The office shall be used by onorthodontist; the number
of persons employed at said office shall be for three
fulltime positions
7. The use of the property under the rezoning to Neighbor-
hood Service District shall be limited to only
orthodontic care. In the event that said property
ceases to be used for orthodontic care for one year,
the property shall revert back to a single family ,
dwelling, confluent with surrounding property uses.
S. All parking for the employees and patients of the
professional office shall be placed to the side and
rear of the existing structure of the property. A
maximum of seven (7) off-street parking spacing for
patient us e shell be maintained on the side of the
property.A maximum of five (5) off-street parking
spaces for employees will be maintained in the rear
of the existing structure of the property. Patient
parking shall be a minimum of twenty (20) feet from
the street line, ten (30) feet from side lot line,
ten (1D) feet from rear lot line.
-2-
9. Use of parking spaces shall be limited to non-
commercial vehicles
10. An appropriate coniferous vegetative buffer shall be
planted, where necessary, and maintained to a height
of at least four (4) feet to screen the parking area
from abutting properties and Ohio Street.
11. Normal hours of operation shall be from SAM to 5:30PM
weekdays
12. Professional signage shall not exceed three square
feet (3 sq.ft.) in sign area and shall be indirectly
illuminated.
13. Practice shall be conducted entirely within current.
residential dwelling. Residential character of
dwelling shall not be altered.
14. Lighting of walkways and parking areas shall be
directed toward the premises.
Exhibit A.
Legal description oI subject premises
A certain lot or parcel of land with the buildings
thereon situated on the generally northeasterly side of Ohio St. in
said Bangor and being bounded and described as follows:
Commencing. at a point in the generally northeasterly side
of Ohio Street, said point being the southerly most corner of the
within described premises; thence running generally westerly by and
along the generally northeasterly side of Ohio Street a distance of
260 feet to a point; thence running generally northeasterly at a
right angle to Ohio Street a distance of 120 feet to a point;
thence running southeasterly and parallel to Ohio Street a distance
of 195 more or less to the southeasterly bound of the subject
premises; thence running southerly by and along the southeasterly
bound of the subject premises to the point of beginning.
Describing a parcel of .57 acres more Or less.
El
I
na shall be sent
e nt by O.B. mil to all Persona
i
A. Purssa . It is the general Purpose f this
p
initiating theemv¢
poe¢a anGuneand o al
Clan to provide a eMwx whereby
enm
peieoae Owning betting property and/or with -LC
conditions m y ba added to the
in 100 feet of the exterior bouerien Of Me
M
nicht in cE a change 1n zoning in else[ to
al estateto be affected by eaitl Proposed
vltutgata Potential adverse affects upon
ening¢, No of any
edJ env Properties and the a tt It le
Deing Processed the contract zoning
Ifs ser the halt xoning
the intent of this pmvie inn that such
iang
pxovlatht of tn[e Ordinance02 30-11 also cm-
o y
changes In zoning be d only ff he
PIT with the Qmnt5 o£ 3me M.R. B. A.
ninnta
the zoning to the Property In
Section 4free OrsuccessorCerates, n3 the
be
question m to
question meet. the can of
gone from
rty
consistency with see Cur's C
's C up.
be hrsee of ns dance guiles nassessedo
ached-und
Pier r coni manna lea neer
propees
he owners 0£ property lure Be ny
spa consid.dered t
The
too provisions of csec
De chose against canon taxis were assessed o
ente ion shall
eh -13 Put a pc
the
the pilo[ April 1. failure of any poison
Person
use Or de at Of
see o develandard of any property ftw
W711,19 Property said 100 flee t0 -
other
other standards of
cetva n ovidedwithin
PMa rias Orland shall n owes-
ixry
se pro
otherwise provided In Cala oxal,u�rce Oi
ordinance as
'authticeaor
attate thaz Invalidate n
nkhcavlhn piovldatl by law.
Planning Nz
action by the PSaMing Bpe[d or the City
Cwil.
B. moderate Conditions. ha change edop[-
'
awnntprtn nnu
. c
P3.nninQ Boar i
The Planning Board shall it,
(a) be Consistent with the Cooprehensive
eke recoconeadentions
Plan of the City 3[ Bangor, as mounded;
to the Cit Council writing within Mlan X30)
Y n
NATO Of hearing conducted pursuant
y n
(b) to cadefetadt with Me existing uses Ln
ce;lpr
this nowavpr, that to rnnstt-
lanning
u; within the
the and es
PlanningB arov£Ned
twee [wee reg Board a proposed nvotes
eiig"l,nei zoning distill ek
ng district;
tthreel
votes
C iv at least hire ((3
)afficultive
fine the fd.or Said thirty (thi say period may
(c) only shoes and ie
ed an 30) da
thirty (30) days by
bo extended the
tionsincludew lconditionsteth
a relations which relate the physical
Boa
CM Board. of the
iits ota failure O e0 ieeue
develot or of the property
za within
ameexteia,msio within said thirty
to land
and wt to lb land u
a niton [propose eMll c uta
shall to
Boaida
approval of the proposed amerAnentea
(tl) ea
subject to a agreement by authorized
me
city Cauvn
city
re of Mtnproperty
the
Oscareand the Citytatives
providing
After receipt of Cal Planning reon
�remOld coon anddo enforo¢eent of all
¢lona, se pioiieatl eMve� the City Council shall
£vatted and agreed
the
and all accordance action c ¢ata
apRuwpropriate said
to by the patties pure uanT to [hie Sec -
parties pi
Proposed en
If dBango to accordance with the oigust¢-
loo'
aware If too Benner City the r3
C.
.Aures of Sr adopted ere a,
tha
nao....his:amnt iotcni. Seollontreyoruler-
ofothe
lewd the fixate f Baste;
to of B ing;vpro provided [nae
ah xee4owingse ruler -
proposed
pro ap whim has been
n disapproved by
be am or sets
inn M one at mote tE the followings
Planning
ing Board
Pointing Poaie may bee acted Poly by a 3/I
Only By
vote
e f the City Council.
(a) feOnes on the "tensity extent
eie
of the Ones Pnutmed in the lmrm o
the d
Contract Bonin
Ne property;
In e.rdanee with 30-A B.k.S.A. Section 4552
(b) limitations on the height, floor area
try in the City of anger my bei odea by
anlot coverage o£any vivant... Or
Prope£ a process RAural,ae a tract zoning.-
Creatures built to the Property)
5
I-6
(c) increased Setbacks and n vmm yard
ah.encions for any structure -or struc-
tures built on the p maxty;
(d) the installation,emanon and ma£nte-
e ef physical leprovements for the
convenience of the general public, in-
eluding but rot limited t off-street
Parking lots, traffic control devices,
fearing, plantings and landscaping;
(a) the creation, operation and AS Inferences
of open apace areas or buffer tunas;
(f) the dadicatlon or conveyance of property
far public porposes, including but not
limited to streets.. enic and conserve.
tion easements, Parke, and utility sys-
D. eroded e. All proposed avendew to to this
Ordinance being considered uMaz thisalmec-
ti'n
chall be processed in accordance with
thin section and 30-A X.R.B A. Section 4352,
successoror statutea, a may free ties to
ties be scandal. If at all possible, the
processing of the application Under both
procedures shall be accompli Med concurrent-
ly.
u.lmant othe purposes of is
the city of HungerIs
th
hereby divided into
n (18)-Dlstriats' to be designated ae fnllo.n.
Urban Residence 1 District - (URD-1)
Urban Residence R District - (VSD-2)
Xulti-family and Service District - ( A a SO)
neighborhood Service District - (NM)
Urban Service District - (USD)
Downtown Development District - (DOD(
Waterfront Development District - (WDD)
Airport Development District - (ADD)
Urban imus try District - (DID(
Government and Institutional Service District -
(C a ISD
Law Density Residential District - (LOR)
High Density Residential District - (UDR)
Shopping and Personal Service District - (S 6 PS)
General Commercial and Service District (GC 6 S)
Industry and Service District - (I a 6)
Rural Residence and Agricultural District - (SR
)a
Protection District - (BY)
Pax
rk and Open Space District - (P a O)
I-)
Excerpt from August 11, 1992 Staff Recommendation Memo to Plan-
ning Board
PUBLIC HEARIVQ
Item_Nq_ 3: Contract Zone Change - 759 Ohio Street - Albert U.
and Jeanne L. Liberatore - C.O. R 92-344
a. General.EMRpripti_en. This is a complete rehearing of a
Peadvertiaed contract zone Change with new Contract condi-
tions at the request Of the City Council. Applicant re-
quests a contract zone change from Low Density Residential
District (GDR) to Neighborhood Service District (RED) for
approximately .57 acres
at the front Of an 8.3 acre parcel
located at 759 Ohio Street. (See Attached Contract Zone
Change Conditions.)
b. Land Use and Zoning policy. The City's Land Use Policy i
this area is derived from seral sources in the Comprehen-
sive Plan and is based uponaenumber of important policy
objectives. First, the Renduskeaq Stream and the areas
along its bank On bath aides of the Stream have long been
considered a critical open space and low-density element i
the City's long-range development plana. The 1990 Comprehen-
sive Plan reiterates this policy and clearly, other areas of
the plan reinforce it. For example, the Land Use Concepts
Map shows the Stream itself as an open space element and
then indicates low-density residential use along the area
abutting the Stream - all the way from the urban development
boundary on outer Pinson Road and Hammond Street into the
Barlow Street area of the downtown. Further, the concept of
the Stream and low-density residential use seeing abutting
it is discussed in the subarea analysis for this specific
area n which this zone Change is proposed and for the
subarea analysis on the east side of the Stream. Therefore,
any Zoning which is not consistent with low-density
residential use
open apace u n these areas i contrary
to the City's land use policy and Comprehensive Plan
In terms of zoning policy, you will recall that the City's
Land Development Code is based upon an essential distinction
between those zoning districts which are appropriate for the
urban developed area" and those districts which are appro-
priate for the "developing a (These two sets of dis-
tricts are outlined in two separate articles in the Land
Development Code - Article 14 for the built-up area and
Article 15 for the developing area.) The proposed zoning
district requested under this sone change isone which i
clearly established to be used in the urban developed area
in Article 14. The Neighborhood Service District is de
signed to accomodate those existing neighborhood service
facilities which were previously zoned in the 1974 Ordinance
Neighborhood Commercial (or C-1). As such, the City's zon-
ing policy as clearly a iated in the Comprehensive Plan
is not to use that district in the developing areas.
A
review of the proposed Zoning Concepts Map shows that the
area
in n
which this L change i requested is well within
the "developing area -and is, therefore, not appropriate for
the Neighborhood Service District zoning even if the Land
Use Policy in this area were not for low-density residen-
tial.
0. Exiating Conditions. .The proposed commercial zoning is not
consistent with the existing residential zoning in this
All of the use
and zoning on the east side of Ohio
Street i which this parcel is located is for residential
activities which is consistent with the City's development
policy. Opposite the low density area on the west side of
Ohio Street the City's land use policy is also for residen-
tial use although it is anticipated to be higher density
residential and is so zoned with the exception of the one
church complex parcel which is zoned Government and Institu-
tional Services. It is interesting to note that
Ingle -family residential construction in the area between
Mt. Pleasant Cemetery and the Stream a few hundred feet from
Griffin Road has been on the increase. Since 1989 there
have been seven single-family dwellings either completed O
under construction along this stretch of Ohio Street on the.
east aide. It is apparent that the City's land use policy
has found acceptance in the market place.
d. The availability Of urban services isnot
an issue at this location as a full range of services for
urban uses are available.
e. Decision CCiteria. The basic threshold requirement for any
zoning in the City is to be consistent with the City's com-
Prehenaive Plan and Land Use Policy. This requirement i
established in State Statutes and applies to both noncon-
tract zone changes and contract zone changes. The"mandato-
ry conditions" for contract zone changes found in Part I,
Section 6.6 S in the City's Land Development Code list that
condition as the first one. Secondly, the mandatory condi-
tions go on to require that any zone change adopted under
this section "he consistent with the existing uses in the
area and Pecan tied uses within the original .zoning dis-
trict." The ether mandatory conditions refer to contract
conditions and the drafting of anagreement by the City and
the parties to the contract zone change. In this case a
discussed under the Land Use and Zoning Policy above, the
proposed zoning does not meet with the City's Comprehensive
Plan and Land Use Policies. Secondly, the proposed change
clearly does not meet the mandatory conditions for consisten-
cy with the Comprehensive Plan as a contract zone change o
the requirement that it be consistent with the existing uses
n the area which are predominantly low-density re sidential
and numerically single-family detached dwellings.The intro-
duction of such a zoning district to the benefit of one
party in the area
n
a would be considered so-called "spot zon-
ing"
-
ing" in that it grants a privilege to one property which in
not available to others, contrary to land use policy.
Applicant has submitted a new list of conditions, some of
which would be required under the sonic, District Standards,.
if the contract sone change were to be adopted and others of
which relate to the number of employees, the use by anorth-
odontist, the placement of parking spaces, screening, hours
of operation (although that condition says "normal hours of
operation shall be"), signage, and the prohibition for chang-
ing the residential character of the dwelling. All of these
conditions are
all well and good, but because the project
does not meet the threshold requirement for eligibility for
the zoning, they are somewhat irrelevant.
f. R daAxpn. Based upon the above findings, Staff would
recommend denial of the proposed contract zone change to the
Planning Board and to the City Council.
Date yJuly 22,,1992 Item hlo.,� ,m9 .iw
Item/Subject. Amending zoning ordinance - 759 Ohio Street. C.O. p 92-344
Responsible Department: Planning Division
Commentary:
The Planning Board held a public hearing on the above-noted zone change
request (contract) at los regularly scheduled meeting of July 21, 1992.
Albert Liberatore, the applicant, spoke in favor and explained his proposed
contract zone change conditions.
Jean Deigian and Jeffrey Fitch both spoke in favor of the proposed contract
zone change.
Dr. Angela Gilladoga, an abutting property owner, spoke In opposition.
The Planning Board, after considerable discussion, voted 4 to I in favor of
motion to recommend to the City Council that the contract zone change request
contained in C.O.m9 92-344 be denied.
pra^em and
Manager's Commands; n/1 _ (� '] _ J r -
i�Xq�INUA�O/RR/ax'`'o.
t'iv A uwger
Associetedlnformation:Q ,pa,8 v
Budget Approval:
Fear"Limcmr
Legal Approval: �), 4�ryaticte-R,(See{/an $ �l)'r CiIY( (,Y
Ctunr, ( LI Jat 00 lµ Co^Irue/ tape ffod eTt r/f}) 44
l ®�' VU J� ��y'i�e, ( 1 SWi[ilur
WVIA refd/fe A ° beanll of ✓AAS- $/w{ --
o ew / Arlo,lf S S.,c/iALi 65-.4 C aro( pelt "'4
Introduced For COC6, A t W/e !awiei/� mI ojel7fy )s rq I d/ /r oae1Nfn
passage /%, J/4 M��$$ /3ewwd xu, 6/oe deedm. ,s a id^
❑First Reading AIA p"xfhvlNr eD^lrae% Zeq( eliG^x /efrmel 'd^ Aril _
❑ Referral
92-344
ttrigned to Councilor Sawyer, July 13, 199$-
ip
CITY OF BANGOR.
(TITLE) Offirbin rt lending Land Development code
259 Ohio Street
& it ordaiwd by Vide Cut Counei6 of da Cog of Danger, as fellows:
THAT the zoning boundary lines a established by the Zon ing Map of the City
of Bangor dated October 28, 19915 as amended, be hereby further amended
as follows:
By changing part of a parcel of land located at 259 Ohio Street (Tax Map No.
R-34, Part of .Parcel No. 1A) free Low Density Residential District to
Neighborhood Service District. Said part of a parcel containing approximately
35.910 sq. ft. 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 VIII, Article 2, Section 6.6, of the ordinances of the City of Bangor,
said change of zone is granted subject to the following conditions.
I. The u and/or operation of the subject premises shall be subject to
the foil wing limitations and/Or restrictions:
A. Only 3/4 acre fronting Ohio Street (315 ft. x 114 ft.) to be rezoned
as Neighborhood Service District.
B. Remaining acreage (approxima Lely 2.55 acres) to remain under current
zone of Lau Density Residential.
C. Two thousand square feet of gross floor a -all awed under
Neighborhood Service District - will be used for s rendering ort bodontic
D. No rental units will be permitted.
E. Remaining square footage of usable buildings (i.e. barn, attached shed,
outbuildings and remaining portion of second story) will. be strictly
for personal use.
F. In acknowledgement of the unique pastoral nature of property, the.use of
the property under the rezoning to Neighborhood Service, will be limited
to only orthodontic c In the event that said property ceases to be
used for orthodontic care, the property is to revert back to asingle-
family dwelling, confluent with surrounding property uses.
In City council July 13.1992
first reading referred to
appropriate Committee
CityCler` k U -
In City Council duly 27, 1932
Referred to Planning Board with
the following Specified
(1) 'fiat the revised contract cum
change request be Ye- advcrtised
and reviewed as apublit hearing item
(2) That the Literatures bear the
coat of re - advertising; and
(3) That abutting property owners
and pezties who appeared is
opposition to the original
gone change request be given personal"
notice of the Planning board's public'
hearing on the revised coca change
request _
Q tnw(
CI�Cl—ark
92-344
ORDINANCE
dampen to
-Fi-i'%l �iwcan
IN CITY COUNCIL
August 24, 1992 _
Amended by Substitution.
Failed Passage by the following yea and no votes.
Councilors sting yea: Frankel and Stone.Councilors
voting n e Balaacci, Blanchette, Bragg, Cohen; Sawye,
Sarl and Soucy.