HomeMy WebLinkAbout1995-12-27 96-67 ORDINANCECOUNCIL ACTIOW
Date danuary B. 1996 Item No. 96-67
Item/Subject: Amending Land Development Code - 851 Broadway
C.O. 4 96-67 (As Amended)
Responsible Department: Planning Division
The Planning Board held a public hearing on the above noted
contract zone change request at its regularly scheduled meeting
of January 2, 1996.
P. Andrew Hamilton, Esq., representing the applicant, spoke In
favor. Chris Spruce, Station Manager, explained the applicant's
needs.
Richard Thomas and Malcolm Jones, Broadway property owners, also
spoke in support of the application.
Marcel Coffin, a Broadway resident, Indicated her support.
Norman Craig, a Broadway resident, spoke in opposition. There
was a letter from William Magee, a Broadway resident, expressing
his opposition to this zone change request.
After considerable discussion, the Planning Board amended the
contract conditions to delete condition F. and replace it with
language from a 1984 contract zone change on Mt. Hope Avenue to
restrict use to broadcast related business only." The amended
contract zone change was recommended to the Council by a vote of
5 to B. n
Dephrtment Head
Manager's Couments:�,��/f��
City��M�anagec
Associated Information:
Finance Director
tegai approvei:
� 1 i5 /if^'' i1vies /
DANK pll/mq¢fvP V*S 6pr elnal 9M
pkS54,&C- City Solicitor
96-67
(AS AMENDED)
Auigead to Cmmuitor
CITY OF BANGOR
(TITLE.) (orbiUMUC, Amending,Land Development Code
............... ........
Bs d ordsived 6P w OBY fbtrmtl ofw GW of BasWn az ldWoz:
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 follower
By changing a part of a parcel of land located at 861 Broadway (Tax
Hap NO. R-41, Part of Parcel 5) from Low Density Residential
District to Contract Industry c Service District. Said part of a
parcel containing approximately 7 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 VIII, Article 2, Section 6.6 of the Ordinances
of the City of Bangor, said change of sone 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. Buildings will be a maximum height of 35 feet;
B. Building expansion shall be limited to 4,000 square feet
of floor area;
C. Any new buildings will conform in architectural character
with the existing buildings architectural character;
D. Maximum lot coverage will be. twenty percent (203);
N. Maximum impervious surface area will be thirty percent
(303); and
F. Restrict use to broadcast related business only.
96-67
Amipmd to Cameiior Popper December 27, 1995
CITY OF BANGOR
(TITLE.) D1liwhnatc4Amending Land Developme t Code
Be R ordained by um CRY O I W W oft o(Banow. as Pumps.
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 part of a parcel of land located at 861 Broadway (Tax
Map No. R-41, Part of Parcel 5) from Low Density Residential
District to Contract Industry 6 Service District. Said part of a
parcel containing approximately 7 acres and being more particularly
indicated on the Map attached hereto and made a part hereof.
PROVIDED, HO VRR 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;
1. The use and/or operation of the subject premises shall be
subject to the following linitations and/or restrictions;
A. Buildings will be
a maximum
height
of
35 feet;
B. Building expansion
shall be
limited
to
4,000 square
feet
of floor area;
C. Any new buildings will conform in architectural character
with the existing buildings architectural character;
D. Maximum lot coverage will be twenty percent (208);
E. Maximum impervious surface area will be thirty percent
(308); and
IN CITY COUNCIL 96-61
ORDINANCE
December 21. 1995
First Reading
Referred Co Planning Board ( TITS Amending Lend Development Cade -
06l Broadway
CIT" CLERK
IN CITY 8, NCIL
1996 (®(/, ,.�, p n
Council
Oo 1996 '�.L�t�W✓1 (�(i
Council v ced no conflict for:
Councilors Popper, Leen d Frankel llsl.41J �nI
Andrew Hamilton,representing
attorney,
spoke repxeaeno Zone
tl»n
applicant - The Zone Coryoietfov
Motion far passage
Motion seconded
onded and withdrawn by
Councilor Soucy
Motion to Amend by Substitution
Motion Seconded
vote: 9 yes
Councilors voting yes: Baldacci.
Blanchette, Frankel, Lenn, Popper,
Soucy, Sullivua, Tyler 6 Woodcock
Motion to Pass AS Amended by Substitution
Voce: 1 yes. 2 no $
Councilors voting Yen: Baldacci, 3lanchetce,
Frankel, Leen. Popper. Soucy d Woodcock
Councilors voting no: Sullivan a Tyler
Ordivace - Passed As Amended by Substitution
�➢ERS_.
C1TY JERK
MEMORANDUM
DATE: March 1, 1996
TO: Gail Campbell, City Clerk
FROM: Planning Dept.
SUBJECT: Original Contract Zone Change Agreement- 861 Broadway- The Zone
Corporation
A ached is the original copy of the Contract Zone Change Agreement between the City of
Bangor aM The Zone Corporation. This contract is pan of C . N 9647(As amended).
3K6045 PG026 (103131
CONTRACT ZONING AGREEMENT
TRIS AGREENHNT is made as of February 2, 1996, by and between the CITY
OF BANGOR, a municipal corporation with a place of business located at 73
Harlow Street, in Bangor, County of Penobscot, State of Baine and THE ZONE
CORPORATION, a Nein corporation with a place of bueiness in Bangor, County
of Penobscot, State of Heine
WITNESSETH:
WHEREAS, The Zone Corporation is the owner of record of a certain parcel
of land situated in Bangor, County of Penobscot, State of Maine, said land
being located at 861 Broadway, and being identified on City of Bangor
Assessor's Nap No. R-41, as Part of Parcel 5. Reference may be bad to a deed
recorded in the Penobscot County Registry of Deeds in Volume 3462, Page 278,
for a more particular description Of Said land; antl
WHEREAS, pursuant to 30-A M.R.S.A. Section 4352 and Chapter viii,
Article 2, Sec. 6.6 of the Laws and Ordinances of the City of Bangor,
application was made for a contract zone change, so-called, to reclassify
said parcel of land (said parcel hereinafter being referred to as the
-Subject premises") said parcel comprising a land area of approximately
7 acres, all as set forth in Exhibit A attached hereto and incorporated
herein by reference, from a LOW Density Residential District to a Contract
Industry 6 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 96-67 (as amended), whereby it
reclassified the subject premises from Low Density Residential District to a
Contract Industry 6 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 96-67 (as amended) and the restrictions and/or
conditionsc ontained therein being attached hereto as Exhibit B and
inorporatedherein by reference.
NOW THEREFORE, in consideration of the reclassification of the subject
premises from a Low Density Residential District to a Contract Industry 6
Service District under the Land Development Code Of the City of Bangor, the
parties hereto agree as follows:
1. The Zone Corporation, its successors and assigns, hereby covenants
and agrees that the use, 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/or
conditions on the physical development or operation of said property:
A. Buildings will be a maximum height of 35 feet;
U6045. PG027
B. Building expansion shall be limited to 4,000 square feet of floor
area;
C. Any new buildings will conform in architectural character with the
existing building's architectural character;
D. Maximum lot coverage will be twenty percent (208);
E. Maximum impervious surface area will be thirty percent (308); and
F. Restrict use to broadcast related business only.
2. The owner hereby agrees that the above -stated restrictions,
provisions, conditions, covenants, and agreements are made an essential part
of this Agreement, shall can with the subject premises, shall bind the owner,
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 beenforceable
by, the City of Bangor, by and through its duly authorised 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 City of Bangor and the abutting
landowner(s) shall have the following remedies, which may be exercised by the
City of Bangor either jointly or severally,
a. The City of Bangor shall have the right to prosecute
solations of this Agreement in the same manner that it is
authorized to prosecute violations under the Land Development
Code of the City of Bangor in effect at the time of said
violations. For the purposes herein, a violation of this
Agreement shall be deemed a violation of said Land Development
Code and shall be subject to the penalty provisions of said
Code in effect at the time of violation. Each day that a
violation is permitted to exist after notification of the same
pursuant to said Code shall constitute a separate offense.
b. The City of Bangor and/or 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 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 City of Bangor or 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 be deemed a
waiver of the right to do so thereafter as to the same breach or violation or
as to any breach or violation occurring prior to or subsequent thereof.
k6045 PG028
4. The City of Bangor and the Owner hereby agree 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 by the parties hereto 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 as an
amendment to said Ordinance and shall be processed accordingly.
5. The parties hereto hereby agree 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
promisee. In the event that the zoning of said premises is changed by the
City Council, any use established under the previsions outlined in paragraph
1, subparagraphs A., B., C., D., E., and y., above, subject to the
astrictions, provisions, conditions, covenants, and agreements contained in
this Agreement, shall be allowed to continue as a nonconformity or a
nonconformingwhichever 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 parties hereto hereby agree, for themselves, their successors
and assigns, to waive any and all rights to challenge the validity of Council
Ordinance 96-67 (as amended) or the terms of this Agreement.
7. The parties hereto hereby agree 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
constitutional 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 parties hereto hereby further agree that in
the event any of the contracted provisions contained in paragraph 1,
subparagraphs A., B., 0., D., E., and y., above, are invalidated or
such
other provision is invalidated so as to constitute a material change in the
astrictions, provisions, conditions, covenants, and agreements negotiated by
and between the parties, the City of Bangor or abutting land owners shall
have the power to seek a reversion and/or change of 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
n abutting property Owner to the subject premises, shall be processed i
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.
The intent of the parties hereto is 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
negotiated to minimize 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 ordinance of the City of Bangor and any applicable
amendments thereto or replacement thereof.
A6045 PG029
IN WITNESS WHEREOF, this Agreement has been executed and delivered
as of the day and year first above written.
THE EO OIiPONAT'f
By:
Stephen X. nin
Its President
CITY OF BANGOR
9
WS sa p ' EyA ward A. Barrett
its City manager
STATE OF MAINE
Penobscot, as., Fgap-VAR"( Z 1996
Then personally appeared the above-named Stephen B. Ring and
acknowledged the foregoing to be his. free act and deed and the free act and
deed of said Zone Corporation.
®L Before ,
Ju ice Nemesof ��onexpim MaYe,1396
eace
Notary Public
Attorney at Law
STATE OF NAINE
Penobscot, as. FA�&nZezy 2 , 1996
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
Printecr Nam
Justice of the Peace
Notary Public
Attorney at Law
g N
GT
3x6,045 FG030
GMSD
LDR
EXHIBIT A
LDR TO &S'CONTRACT
(SUBSTITUTE COPY)
96-6J
(AS AMENDED)
Aedpmd to Councilor
aa6K�()�5 res[ 31
Li CITY OF BANGOR
IN CITY COUNCIL
January 8, 1996
Passed As Amended by
Sub
1 ution
(TITLE.) �/p xD1Ij81ttC1 Amending Iantl Develo(lme t Code Cop%, Attest:
P./qc /MJ+—^
CITY CLINK
_.. _...._ Bbl.. Broadway. ..
,ie«awn;n.dbd� CftEm"eUof CftotBa ..a.IbUousc SEAL
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 part of a parcel of land located at 861 Broadway (Tax
Map No. R-41, Part of Parcel 5) from Low Density Residential
District to Contract industry &.Service District. Said part of a
parcel Containing approximately ] acres and being more particularly
indicated on the map attached hereto and made a part hereof.
PROVIDED, HOw6VER 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 sone is granted subject to
the following conditions:
1. The use and/or operation of the subject promisee shall be
subject to the following limitations and/or restrictions:
A. Buildings will be a maximum height of 35 feet;
B. ' Building expansion shall be limited to 4,000 square feet
of floor area;
C. Any new buildings will conform in architectural character
with the existing buildings architectural character;
D. MAXfmom lot coverage will be twenty percent (308);
E. Meximum impervious surface area will be thirty percent
(308); and
F. Restrict use to broadcast related business only.
EXHIBIT B
.. . 96-67 AMENDED
aK6045 PG032
• 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
belnqon 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.
96-6] MIEN ED
aa6045 PG033
G&ISD
LDR
LDR TO &SICONTRAC�T T.
can g6,r __ �ann1ncj
LDR
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In .fr, Y<Rid a x 1.:3 i�
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96-6]
P. The property will be used only for those uses listed as
permitted uses in Article 15, Section 5.3 (Industry and
Service District), as such list may be amended from time
to time, excluding the uses listed in Article 15, Section
5.3(A) and 5.3(B).
2. execution by those parties with an interest in the
affected property of an agreement providing for the inplenentation
and enforcement of all the teras 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 fron the date of passage hereof,
this ordinance shall become null and void.
96-67 AMIMM
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 needs 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 s
executed within ninety (90) days from the date of passage hereof,
this Ordinance shall become null and void.
G&ISD
LDR
LDR TO 1&SvCONTRACT
96-67 ANDERSEN
7/1/95
APPLICATION FOR LAND DEEVB PM8 CODE AND NAP ANE RENT
T0: THE CITY COUNCIL AND DATE )zbyh5-
TRE PLANNING BOARD OF NANGOR, NAINES ND.
1 I(WE) The Zone Corporation
2..vf P. 0. Box 1929 Bangor, HE 04402 990-2800
Address City or Post Office - "'-Thedhabelephone
d the Land
Bangor, petition
bytteccl 5 siof�'ngt fMM LS ment. coaiatrictaforcity
thef
district to the °
property outlines fn red on the maps attached hereto, which are
part of this application, and described as follows:
3. 'ADDRESS OF PROPERTY (if any) 861 Broadway
Total Area (acres or square fast) nacres -
4. PROPERTY LOCATION (General location): Example - South aide of
State Street 400 yards. East of Fine Street
North side of Broadway 350 yards vest of Grandview Avenue
11
5. LEGAL DESCRIPTION OF PROPERTY - Assessors Nap No. R41 parcel 5(portion)
6. EXISTING USE: Radio station
7. PROPOSED USE: Radio. Station
B. NANE ANO ADDRESS OF OWNER OF RECORD: Name The Zone Corporacion
Address 861 Broadway
9. NINE ARD ADDRESS OF CONTRACT OWNER (if
/�such)
t Same
10. SIGNATURE OF OWNER OR CONTRACT OWNER! ku h) IUs °e^i�T�'r„i�
11. REPRESENTATIVE OF APPLICANT: Name F. Andrew Hamilton, Esq.
(if applicable) gatan, ea o y, Motors gu ee
Address F 0 Box 1210 Bangor, BE 04402
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT EONS REQUEST.
AINM
Application fee Pxacessina Advertising Total
Zone Change (1/2 acre or less) $297.50 $212.00* $509.50
Zone Change (in excess Of 1/2 acre) $476.00 $212.00* $688.00
Contract Zone Change $713.75 $265.00* $978.75
*Two Ade Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
ACEIVED DEC 1 41995
96-67 AHENM
CONTRACT ZONE CHANGE CONDITIONS
WZON FACILITY
Zone change of a portion of Map R41, Parcel 5 described in Exhibit A:
1. Buildings will be a maximum height of 35 feet;
2. Building expansion shall be limited to 4,000 square feet of floor area;
3. Any new buildings will conform in architectural character with the
existing buildings architectural character;
4. Maximum lot coverage will be twenty percent (20%):
5. Maximum impervious surface area will be thirty percent 130%1; and
5. The property will be used only for those uses listed as permitted uses in
Article 15, Section 5.3 (Industry and Service District), as such list may
be amended from time to time, excluding the uses listed in Article 15,
Section 5.31A1 and 5.3(B).
96-6]
Excerpt from Staff memorandum for January 2, 1996 Planning Board
meeting.
Item M. 3, Contract Zone Change - 861 Broadway - The Zone
Corporation - C.O. i 96-67.
a. General Description. Applicant Bone Corporation requests a
change from Low Density Residential to Industry and Service
for an area containing approximately ) acres at the site of
the present radio station on Broadway between Broadway and the
Bangor High School site. The site presently contains a major
radio tower and several smaller structures; numerous guy wires
anchoring the tower and a small office building which is used
by the radio station for its programming and transmission.
Properties to the north beyond the Chapin Street right -of -may
contain two residential structures; the area immediately west
of the sone change is owned by the applicant and is presently
Unused and thea
to the south between this site and
Grandview Avenuehas both single-family and multi -family
residential uses in it. Applicant has submitted contract
conditions which limit the extent of future building activity
n the site and which apply development Standards of the Low -
Density Residential District to Industry and Service District
proposed use.
b. Land Use and zoning Policy. Obviously, the City's
Comprehensive Plan (as expressed in both its land use policy
and zoning policy for this ea) does not contemplate
industrial use in this section of the City or anywhere in the
Immediate area of Broadway either cut -of -town or in -town from
this location. The Comprehensive Plan calls for an
institutional complex comprising the Bangor High site and the
Hasson College campus; a high density residential complex in
the Hudson Avenue and Grandview Avenue area between Broadway
and Eenduskeag Avenue; a comanerclal. complex below School
Street along both sides of Broadway to the Interstate and low
density residential uses east of Prentiss Woods and north of
the High School complex wrapping around to include frontage on
Broadway. The more specific zoning policy for the area
provides for Government and Institutional Service Zoning for
the High School complex and low density residential zoning for
the area between the High School and Broadway (including the
radio station lot) and on the west side of Broadway opposite
this site, as well as further out Broadway (including the
Orchard Hills Development). This request is not at all
consistent with these policies as spelled out in the
Comprehensive Plan.
C. Urban Services. The area in question has a complete range of
urbanservices and is, thereforo, eligible for urban zoning of
some sort.
d. existing Conditions. Located in the Broadway corridor, this
site (as Well as all of those fronting on Broadway in this
96-67
ea) is exposed to a high level of traffic, as Broadway is a
major highway connection to the City from areas further out
Route 15. The property in question is surrounded on the north
and south by residential uses and the properties directly
acrosBroadway from this site are mostly single-family
dwellings in keeping with the City's Land Use and Zoning
Policy for the area. The High School complex is to the rear
of this site and has access from Grandview Avenue and Hobart
Street.
e. Decision Criteria. The City's Land Development Code reflects
State Statutory requirements in its treating of contract
zoning (Section 6.6 of Part I of the Land Development Code).
The Ordinance requires that while contract zone changes may be
granted which allow the City to add conditions to zone changes
which may "mitigate potential adverse affects" from such zone
changes, these changes must meet the "same standards of
consistency with the City's Comprehensive Plan as any other
zone change emoted under the provisions of this Ordinance."
further, the mandatory condition for contract zoning requir
Comprehensive Plan consistency; consistency with existing uses
In the area antl permitted uses within the original low density
residential district; provide conditions which relate to the
"physical development o operation" of the property and -not
to its land use.° Also, such conditions must be implemented
by an agreement which is signed by the parties and recorded at
the Registry of Deeds.
The contract conditions proposed for this sone change limit
building height to 35 feet; limit any building expansion to
9,000 sq. ft.; require conformity of any new, buildings to the
existing architectural character of the present radio station
structure; limit maximum lot coverage to 20% of lot area;
limit maximum Impervious surface to 30% (.3); and indicate
that the property "will be used only for those uses listed as
permitted uses in Article 15, Section 5.3 (Industry and
Service District), 'excluding the uses listed in Article
15, Section 5.3(A) and 5.3(S).' Those uses excluded are the
general manufacturing, compounding, assembly type use, and the
truck terminal and distribution center use of the Industry and
Service District.
The contract conditions appear to limit the extent of building
development on the site and make the development standards
comparable to those in the present Low Density Residential
District with the exception of the last one. The last one is
inconsistent (under the requirements of the Ordinance for
contract zone conditions quoted above) as it Is a use
restriction on the zoning district to be granted. (Those uses
left in the Industry and Service District would include radio
and television facilities; infornation processing;
communication facilities; research and testing facilities of
a laboratory nature; administrative offices of manufacturing,
retail, banking, public utility, service or research
ME
corporation; service business limited office use; retail sales
which are incidental to the above uses; group day care or
nursery school; and day care center.)
£. Recommendation. Given that the basic criteria for any zone
change under the City's Ordinance (and under State Statutes)
is its consistency with the City's land use policy in its
Comprehensive Plan, clearly, Staff cannot recos=end the above
contract zone change as it is inconsistent with any land use
policy or zoning policy for this area. Also, given the
history of zoning requests and review of the land use policy
and zoning In this section of Broadway in recent years, it
appears that the City's Comprehensive Plan is appropriate for
this area.