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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.