HomeMy WebLinkAbout1990-12-26 91-43 ORDINANCEDew January ]. 1991 Item No,
Itm:/gup' Amending Zoning Ordinance - 444 Stillwater Avenue -
Meh C.O. g 91-43(As Amended) (Contract Zone Change)
Reepandple DelwtmanL planning Division
CommeMay.
The Planning Board held a public hearing on the above -noted
contract zone change request at its regularly scheduled meeting
of January 2, 1991.
Brent Jones, an engineer representing the applicant, spoke in
favor
r of the proposed contract zone change. He discussed with
the Board the proposed amended contract conditions.
No one spoke in opposition..
The Planning Board voted -4 to 1 i favor of a motion to recommend
to the City Council that the zone change request contained in
91 -43(As Amended) be approved.
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❑ Pan Reading _ Page — of _
❑Refetfe-
Co Taction
pFa Dec. 17, 1990 TamN 91-43
Amending Zoning Ordinance (Contract Zone Change )
ksm/SubjW: 444 Stillwater Avenue
RaRmrWSD n4:mn1: Planning Division
faanntOP(:
For Referral to Planning Board.
Applicant requests a contract zone change for Property located
-behind the USDA Building (444 Stillwater Avenue) for u
a
a Parking lot. s
eo
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AWeiaed lMnrltution:O ,+n.g,
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Introduced For
❑ pax
❑Fint Radi"..
E]RrdnW to Planning Board
TV
47W-PG172 January 14N1991
Passed as Amended
A True Copy, AVfAfnedm Councilor
•IAC
k Y OF ifilly Cie
C
MM MA 29 e]
(TITLE.) 0TDMEtl7tPy_ Amending Zoning Ordinance _.. _...
91-43
(AS AMENDED)
444„Stillwater. AYCR4e I ._..
1k it erda:ud W His City counmi 01dus city dBancer. as ybusme:
THAT, the zoning boundary linesas established by the Zoning Map
of the City of Bangor dated September 23, 1974, as amended, be
hereby further amended as follows:
By changing parts of parcels of land located at 444 Stillwater Avenue
(Tax Map No. R-55, Part of Parcel 11A and Part of Parcel 12) from
Residential 1-A Zone to Commercial 2 Zone. Said parts of parcels
containing approximately 39,100 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 21, Section 11.3, 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. The use of the area in question is to be limited to
accessory use parking.
B. That the northwest boundary of the area to be changed have
installed a landscaped berm not less than 30 inches i
height for the full length of the zone
change frontage on
the proposed right-of-way reservation abutting it to the
northwest. Said landscaping must include at a minimum
coniferous planting at least four feet in height at the
time of planting.
2. Execution by those parties with an interest in the affected
property of an agreement providing for the implementation and enforce-
ment of all the terms and conditions set forth above and the recording
of said executed agreement in the Penobscot County Registry of Deeds
by the property owner, a copy of said agreement being on file in the
Office of the City Clerk and incorporated herein by reference. In the
event that said agreement is not so axecuted within ninety (90) days
from the date of passage hereof, this Ordinance shall become null and
void. PENOBSCOT. ss REM
91 JAN 31 PN 3: 13 EXHIBIT a
ATTEST:
REGISTER
91-43
(AS AMENDED)
A«igned to Cauacilw ..
q CITY OF BANGOR
(TITLE.) MrtMnalit2t Amending zoning Ordinance
,444._ St i llwater'..¢yenae ___... .........._..
Beito it by the City Co:moil off CityofBaxmr, as fallwoa:
THAT, the zoning boundary lines as established by the Zoning Nap
of .the City of Bangor dated September 23, 1974, as amended, be
hereby further amended as follows:
By changing parts of parcels of land .located at 444 Stillwater Avenue
(Tax Map No. R-55, Part of Parcel IIA and Part of Parcel 12) from
Residential 1-A Zone to Commercial 2 Zone. Said parts of parcels
containing approximately 39,100 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 21, Section 11.3, Ordinances of the
City of Bangor, said change of zone 1s granted subject to the
following conditions:
1. The use and/or operation of the subject premises sharp tie
subject to the following limitations and/or restrictions:
A. The use of the area in question is to be limited to
accessory use parking.
B. That the northwest boundary of the area to be changed have
installed a landscaped berm not less than 30 inches in
height for the full length of the zone change frontage on
the proposed right-of-way reservation abutting it to the
northwest. Said landscaping =at include at a minimum
coniferous planting at least four feet in height at the
time of planting.
2. Execution by thosepartieswith an interest in the. affected
property of an agreement providing for the implementation,and enforce-
ment of allthe terms and conditions set forth above and the recording
of said executed agreement in the Penobscot County Registry of Deeds
by the property owner, a copy of said agreement being on file in the
office of the City Clerk and incorporated herein by reference.. In the
event that said agreement is not so executed within ninety (90) days
from the date of passage hereof, this Ordinance shall become null and
void.
91-43
AuigaW[o Caunceor Sullivan, December 26. 1990
CITY ^ OF BANGOR
(TITLE.) Mrbhtin eC Amending Zoning Ordinance
444 Stillwater Avenue
Be k ordained by W City CoaaeW of W Oft afBanyar, as foWowa:
THAT, the zoning boundary lines as established by the Zoning Map
of the City of Bangor dated September 23, 1974, as amended, be
hereby further amended as follows:
By changing parts of parcels of land located at 444 Stillwater
Avenue (Tax Map No. R-55, Part(joi Rarcel 11A and Part of Parcel
12) from Residential 1-A Zone to Commercial 2 Zone. Said parts
of parcels containing approximately 39,100 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 21,Section 11.3, 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. To serve as parking for existing and proposed USDA
building.
2. Execution by those parties with aninterest in the affected
property of an agreement providing for the'mp lamentation and enforce-
ment of all the terms and conditions set forth above and the recording
of saidexecuted agreement in the Penobscot County Registry of Deeds
by the property owner, a copy of said agreement being on file in the
Office of the City Clerk and incorporated herein by reference. In the
event that said agreement is not so executed within ninety (90) days
from the date of passage hereof, this Ordinance shall became null
and void.
IN CITYCOUNCIL
;Dep€mber;36, 1990 -
x'eQ to Planning H Std
+�...,�
CITY QTTERK
I TITLE.)
91-43
ORDINANCE
IN CITY COUNCIL.
Smeary 14, 1991
Amended Substitution
and Passed by thefollowingyea
and uavotes. Councilors voting
yes; nlan«1,
CwueiL�n
Stone nd Sulli $avye:.
Caxl, Sveveud, Stogw�e e/v�d/Eullivev.
TVEU
v�
i
Bx4786 Pc 166,
(102576
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of //21 r 1991, by and be-
tween the CITY OF BANGOR, amicipal corporation with a place of business
located at 73 Harlow Street, in Bangor, County of Penobscot, State of
Maine and gAC/CO/SAC, a Maine corporation with its principal place of
business located in Bangor, County of Penobscot, State of Maine
WITNESSETH:
WHEREAS, JAC/CO/CAC 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 444 Stillwater Avenue, and being identified an City of Bangor
Assessor's Map No. R-55, as Part of Lot 11A and Part of Lot 121 and
WHEREAS, pursuant to 30 M.R.S.A. Section 4962 12) (1) and Chapter
Vlli, Article 2 . S and Article 21, Sec. 11 of [M1e Laws and Ordinances
f the City of Bangor, application was
made for a contract z change,
so-called, to reclassify said parcel of land Caine! parcel hereinafter
being referred to as the "subject premises') said parcel comprising a land
area of approximately 39,100 sq. ft., al!
as set forth in Exhibit A at-
tached hereto and incorporated herein byreference, oa Residential iA
Zone to a 2 under the Zoning Ordinance of the City o
Bangor, sr said application proffering certain conditions o estricti ons
relating to the physical development and/or operation of the subject pre-
mises, and
WHEREAS, subsequent to a public hearing on the matter, and after due
consideration given to the r endations of the Planning Board, she
Bangor City Council adapted e l Ordinance 91-43 las amended), whereby
it r r
reclassified the subject premises f a Residential IA Zone to Commer-
le2 Zone under the Zoning Ordinance of the City of Bangor subject t
certain restrictions and/or conditions, a copy o said Cu
ncil Ordinaries
9I-43 (as amended) and the restrictions and/or conditions contained there-
in being attached hereto as Exhibit B and incorporated herein by refer -
NOW THEREFORE, in sideration of the reclassification
= the subject
Premises f a Residential iA Zone to a Commercial 2Zone under the Zon-
ing Ordinance of the City of Bangor, the parties hereto agree as follows:
I. iAC/CO/BAC, its successors and assigns, hereby covenants 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, shah be subject to the following restrictions and/or
conditions on the physical development or operation of said propertys _
M4786 PG16:7
A. The use
of n the area iquestion is to be limited to accasew
ry use parking.
B. That the northwest boundary of the area to be changed have
,
installed a landscaped berm not less than 30 inches i
height for the ength o` theeT change tag® n
sun
the proposed right -o£ -way r vationabuttingit to the
northwest. Said landscaping must include at a minimum cenif-
argue planting at least four feet in height at the time of
planting.
2. The Owner hereby agrees that the above-statod restrictions, provi-
sconditions, covenants, and agreements a made a entiai part Of
this Agreement, shall e with the subject promises, shall bind the own-
are,
their s and assigns, to O said property o any part
thereof a anyInteresttherein, and any party in possession or occupancy
4rn
aid property o any part thereof, and shall inure to the benefit o
and be enforceable the City o angor, by and through its duly autho-
rized representatives, and the owner or owners a, any abutting parcels of
land.
3. The Owner hereby agrees that i any person claiming under
r through it, shall at any time violate o attempt to violate, or shall
omit to perform or observe any o more
f the foregoing restrictions,
o
provisions, conditions, covenants, and agreements, the City of Bangor and
the abutting lark (a)Shall have the following remedies, which may be
exercised by the City o. Bangor either jointly or severally:
a. The City of Bangor shall have the right to prosecute viola-
tions of this Agreement in the same manner that i authn-
zed to prosecute violations under the Zoning Ordinance o.
the City of Bangor in effect at the time of said viola-
tions. For the purposes herein, a violation of this Agree-
ment shall be deemed a violation of said Zoning ordinance
and shall be subject to the penalty provisions of said ordi-
le In effect at the time o violation. Each day that a
ation is permitted to existafternotification of the
same pursuant to said Ordinance shall constitute a separate
b. The City of
Bangor andior the o or
: parcels o
land which = abut the subject pre shallhavethe right to
institute a and all actinns orproceedings, including the
right to a all the t and provisions of this Agree-
Itent y injunction, legal and equitable actions and all
Other lawful process :or the en.orcement of the same.
The Owner
a
further agrees that the f the City Of Bangor or the
owner an Oi abutting parceistouobject to any violation, however
ung continued, Or to enforce any rest ri ctl ons, provisions, conditions,
coveriantS, on agreements contained In this Agreement shall in ent be
deemed a waiver O: the right to do so thereafter as to the same breach or
eH4786 Pc 168,
violation or as -o any breach or violation occurring prior to subsequ®nt
thereof.
C. The City of Bangor and the Owner hereby agree that the provisions
o4 this Agreement shallremain
n. full v and effect until such time as
®
the a may be modified, a ended, repeated, and/or replaced upon their
written agreement. itsexpressly understood by the parties hereto that
any such change shall beiaccordance with the laws
othe B of Maine
o
and the Zoning Ordinance of the City of Bangor. shall he treated as an
amendment to said Ordinance and shall be processed accordingly.
5. The parties hereto hereby agree that nothing to this Agreement
shall be c ued s o preclude the f f the Bangor
City C cuss legislative authority relative to thezoningpf the subject
prem'isesn in the event that the zoning of
said premises is changed by the
City C cil, any u established under they
provisions outline in para-
graph 1 subparagraphs A., and CO.,above, subject to therestrictions,
provisions, conditions, c and agreements contained i this Agree -
shall be wed ' ontin nonconformity o nonconforming
whichever the c may be, i accordance wth the provisions of mthe
Zoning Ordinance, a may be In e44ectc at the time of said zone change,
governing the same.
6. The parties hereto hereby agree, for themselves, their successors
and assigns, to w any and all rights to challenge the validity
-ouncli ordinance vaeaS Zoo amended) or the terms of this Agreement.
The parties hereto hereby agree that if one of
s
the restrictions,
e
provisions, conditions, c and agreements, or portionsfberevf,
contained in this Agreement is on held invalid o ostitu-
tional by any court o competent jurriisdiction, such portion shall
albe
deemed a separate, distinct and independent provision and suchdetermina-
.ton shall not affect the validity o*' the remaining portions hereof.
Provided, however, that parties hereto hereby f rt'her agree that
in the event any of the contracted provisions contained in paragraph 1,
subparagraphs A. and B above,invalidated o uch other pro is
invalidated s e to c nstitute a material r n al hange`
in the r ictions,
provisions, conditions, ca,enertft, and agreementsnegotiatedby and be-
tween the parties, the City of Bangor or abutting land owners shall have
the power t andior change o4 the zoning nofsthe subject
premises t otheac current reversion
classification a may be 1 effect' at the
time f the processing o suchreversion e
and/or change. Said ry -
and/or, change may be initiated by representative of the Cityp
Bangoror w
abutting property the subject pre shall be
processed t accordance with the procedure tabu n shed ' amendment to
the Zoning Ordinance i affect at the time,and shallbeevaluated i
accordance with the criteria 'tabiished r the r nchange
applications, it beingtheintent of the parties hereto that the Dwriar
shall not be allowed to benefit
f o
m the change r the subjectpre-
misss in the event that the City of Bangor or abutting land owners are
deprived o` the conditions negotlated to minimize the negative biterna.-
ties of the requested rezoning.
Bx478h6 PG 668
S. Elcept as expressly modified herein, the use antl o cupancy yi the
Subject pre shall be gov ned by and comply with the provisions
the Z )
Zoning Ordinance u the City of Bangor and any applicable amendments
thereto or replacementthereof.
IN WITNESS W'HEREOFg this Agreement has been s.ecuted and delivered as
of the day and year first above written.
STATE OF MAINE
Penobscot, se.,
Its President
CITY OF SAMcaa
BAEuQj
Edward R. Barrett
its City Manager
Jgoo, zy :as;
Then personally appeared the above-named Carl
nc
and a -
edo_ed the foregoing to be his free ac. and deed and thrhfree actandwdeed
of the said SAC/CC/SAC.
Before me,
J
O
Printed NameH013taf 6, Ldy
JOCtiIK.��Ce
Attorney tra1
Attorney at Law
. ' BK4786 ?G 170.,
STATE OF MAINE
Penobscot, as. Jan. 29 , +991
Then personally appeared the above-named Edward R. Barrett and ackMewl-
edged the foregoing to be his free
act and deed in his said capacity ax
City Manager and the free act and dead o- said City of Bangor.
Before m ,
Printetl Name:L Low
ewac
ai_tbe_aCorey
Notary
Public
Btbocaey_.ai_rw
RIA
;6K4786 PG 1 71
a
lk
I
lk
R i A� A
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5 4L
91-43
C2 F
NTRACT ,. 4
rrA
C2 �
CONTRACT
1' EXHIBIT A
® R 1 A TO C2 CONTRACT
91-03
; ] 6 a 1 pyq;a,INnLHlC!]i i�] FY
1: To serve as parking for existing and proposed
USDA building.
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 91-43
TO: THE CITY COUNCIL AND DATE EEGI[SR 14. 1990
THE -PLANNINGBOARD OF BANGOR, MAINE: NO.
1. I(WE)
2.
of. 461 GM4N-0 SNEET BO03R WI E Ucxn1 521
Advertlsing
.Total
Address City O[ Post Of ice
Telephone
gg 50
hereby petition to amend the zoning ordinance of the
City of
Bangor, Maine by reclassifying from R_ID
sone to
of 1/2 $400.00
the G2 nMRNi zone [he property outlined i red
on the maps
$450.00
attachedhereto, which are part of this application,
and
acre). I-
described as follows:
3.
ADDRESS OF PROPERTY (if any) Nd 51111MIER Aa3tE
$600.00
$250.00*
Total Area (acres or square feet) 'a AD on. fa
- '
4.
PROPERTY LOCATION (General Description): Example - South side OE
State Street 400 yds. East of Pine Street
PROCESSING PROCEDURE
ON REVERSE SIDE
HE IAO IS EIIAIFD B_iVfIItl GY WAY AD RE EXISTDL G-2
C04RW.T 2QED A'D fMlfilAE fff11Y 1I06D PIpPERIY.
--
S.
LEGAL DESCRIPTION OF PROPERTY -Assessors Map No._
Parcel_
6.
EXISTING USE: FRID
7.
PROPOSED USE: IaTKIN: OEY TO NINE E USU G USA FM TTY
8.
NAME AND ADDRESS OF OWNER OF RECORD: Name dr/co/w,
no.
_ Address__. 461 G94@D
SHEET
9. NAME AND ADDRESS OF CONTRACT OWNER (if such): W
10. SIGNATURE OF OMER OR CONTRACT OWNER: / --
11. REPRESENTATIVE OF APPLICANT: Name
(if applicable,
Address
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REOUESTT.
RETURN -FORM A DUPLICATE TO PLANNING DIVISION. CITY HALL, BANGOR, ME
Application Fee:
Processing
Advertlsing
.Total
:one Change (1/2 acre
or less) g250.00
gg 50
00
300.00
:one Change (in excess
of 1/2 $400.00
S 50.00"
-
$450.00
acre). I-
.
:oncract Zone Change '
$600.00
$250.00*
$850.00
*Two Ads Required
-
PLEASE READ
PROCESSING PROCEDURE
ON REVERSE SIDE
i
t
T
1
.� R 1 A
c oy� ,Q,�►
Q
C2
CONTRA
C2
CONTRACT
/R 1 A ''••
'ffff,, J
0
0
® R 1 A TO C2 CONTRACT
194 of Pangar, Anuu
John M. qE
Planning Officer
tone April 12 1991
Memo To:
Rues
McKenna.
City Clark
Shim:
Contract
Zone Charge Agro _ C
o A 91_Ai
Attached is the original copy of the Contract Zone Change
Agreement between the City of Bangor and JAC/CO/SAC for property
located at 444 Stillwater Avenue.
Please keep this on file with C.O. p 91-43.(0Pxantil)
i
R 1 A �'y� A
OQ
C2
CONTRACT
p C2
CONTRACT
U
R 1 A TO C2 CONTRACZ
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE Cf@£EN 14, NAA
THE PLANNING BOARD OF BANGOR, MAINE:' NO.
1. I(WE) ",TC/IUyc
2. of461 GAR W STM"ET 6W IM HUNS WW1 -%2J "
"Address City or Post Office Telephone
hereby petition to amend the zoning ordinance of the City of
Eangor, Maine by reclassifying from 2ID sone to
the Q, nvmarr sone the property outlined in red on the maps
attached hereto, which are part of this application, and
described as follows: -
3. ADDRESS OF PROPERTY (if any) 44tl STHtYAIR AMTIE
Total Area (acres or squarefeet) m IUI m
4. PROPERTY LOCATION (General Description): Example - South side of
State Street 400 yds. East of Pine Street
RE LAND IS I 10) EhkIId GAMIN MY NO hf EXISTING C4
DNIRCT APED MD WTHC R.PLT' IV1dD AXPFR1 .
5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No.. Parcel_
6. EXISTING USE: FRID
7. PROPOSED USE: MUG PLY R) NINE EXUWM USN FMRTIY
8. NAME AND ADDRESS OF OWNER OF RECORD: Name w/ico/w, IM,
Address 461 GL Sff I
9. NAME ADD "ADDRESS OF CONTRACT OWNER (if such): SMR
10. SIGNATURE OF OWNER OR CONTRACT OWNER:
11. REPRESENTATIVE OF APPLICANT: Name
(if applicable)'
Address
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST."
RETURN FORM S DUPLICATE TO PLANNING DIVISION, CITY HALL/ BANGOR ME
Application Pee:
Processing.
Advertlsing"
Total
:one Change (l/Z acre or less) 9250.00
gg 50.00
8300.00
one Change (in excess
or 1/2 $400.00
5 50.00
$450.00
acre)
:ontract Zone Change '
$600.00
$250.00*
$850.00
*Two Ads Required
PLEASE READ
PROCESSING PROCEDURE
ON REVRRBS SIDE
p�Jtli ( btiYGI}�i (Gn�tJii/uS
The following list of people are associated with:
JAC/C0/SAC
Carl H. 'Snow; 'Jr: "
James 'Parker---
Shawn-Small.'........ .. ..
�l
I
tA
ye •-�►
0
CONTRACT.
.0
C2
CON7co
/R 1 A
!CONTRACT
®
91-43
u
CONTRACT
0
MEMORANDUM
DATE: December 26, 1996
TO: The Planning Board
FROM: The Planning Staff
ouoa`cCT: fiends Review - Wednesday, January 2, 1991 Mestino
PJSLIC HEARINSS
item No. 2:Contract Zone Change - 444 Stillwater Avenue -
iAC/CD/SAC - C.C. N 91-43
a. Applicant requests a change from Residential IA to a C-2
Zone subject to certain conditions for a parcel Of land
containing approximately 39,090 sq. it. located to the rear
of the existing USDA Building which is in a Contract C-2
This strip 04 land which applicant proposes to use
for parking in
conjunction with an expansion of the USDA
office building is located between a proposed extension o
Jeriniier Lan (and aac
vation for future access to this
ea) and the two office buildings in the two C-2 Contract
zoned areas frontingon Stillwater Avenue.
b. As was the c under the previous comprehensive pian, the
area n question is proposed for
e -density residential
However, the presence of two C-2 contract z n the
Stillwater Avenue frontage had altered the characterofthis
mediate aa to s extent. The proposal for u f this
land is to limit it to parking only. (This i necessitated
by the provision of more than the minim umber of parking
spaces required under the City's Zoning Ordinance to serve
the expanded Office building on the Stillwater Avenue
frontage.)
C. The Only contract condition proposed by applicant w "to
serve s parking for existing and proposed USDA building," _
Itis Sta44's r endation that if the Planning Board were
to recommend this zone
change there ti need 4ai- an
additional condition (and probably a rewriting of the one
proposed).in keeping with the contract z change granted
o
n the c Draw Lane and Stillwater Avenue (which
contains the rexisting building which may be expanded) it
would seem appropriate to Ou4fer the commercial
site
development 4rom abutting residential zn the c
the parcel O Stillwater Avenue there w a 24 fact buiier
yard established along the property lines of
aexisting
n
single-family dwelling on Drew i In that c
s
additional Space, a mewas
and shrubs, w s
deemed necessary to protect the
x
existing residential
property. aTherproposai containedin the contract zone
change application be -ore the Board at this time is to
Bate a parking lot along a proposed street right-oF-way.
There i extremely limited depth between the proposed street
right -o9 -way and the westerly corner of the front part of
the lot (presently zoned ifTherefore, it i
star: recommendation that abem `beet created not lezz than 30
inches in he:oht along the proposed s and reservation
for c
future access for the f length 04thenorthwest
boundary of the area to be rezoned. (The exact location o
e
this berm c n be reviewed at the site pian stage when and if
this project comes iner a building permit.i The proposed
berm should be landscaped and should be no less than 3G
inches in height tin order that screening requirement% c*
the 'Ordinance be met by the berm itself). We have contacted
the applicant and sent him o ended wording of the
contracttwo conditionsr hisreview and approval at this
time. Absent such a ondition, w would not recommend the
contract zone change as requested.