HomeMy WebLinkAbout1991-05-13 91-199 ORDINANCE�an
Om May 6, 1991
Item No. 91-199
Amending Zoning Ordinance - Outer
Itaml&tEJxb
Broadway
Rtep IWDgp hamt planning Division
CaimientmY:
Fon Referrel to the Planning Board.
The applicant is requesting a contract zone change for property
located on Outer Broadway to
use the parcel]
of metal, plastics and paper goods. The
for the recycling
proposed change is from
the Agricultural Zone to the Industrial 3 Zone.
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D" May 22, 1991 hum No. 91-199
umySwbiW: Amending Zoning Ordinance - Outer Broadway
C.D. A 91-199
NapenrmN OpMmnL Planning Division
Canmmmry:
The Planning Board held a public hearing on the above noted
contract zgme change at its regularly scheduled meeting of
May 21, 1991.
Paul Rudman, Esq. representing the applicant, spoke in favor
o theproposed change and discussed the two contract conditions
which made provision for an 8' high berm and put a limitation o
the hours of operations from 6 a.m. to 9 p.m.
Priscilla Boasted, the abutting property owner, spoke in opposition.
to this zone change request. She told the Board that the proposed
use was very noise, the hours of operation proposed were too long,
and the truck traffic would ruin the street which had recently
been repaved. .
After considerable discussion, the Planning Board voted 4 to 1 in
favor of a motion to amend condition No. 2 to limit the hours of
operation to 6 a.m, to 8 p.m.
The ,Board then recommended, by a vote of 5 to 0, that xhe C' y
Council approve the zone change request as amen
Menpnr'v Commmb: ( ILD tri.:IP n r�pdzll Y�
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91-199
Assigned to Councilor Sullivan, Nay 13, 1991
CITY OF BANGOR
(TITLE.) (Orbir=rei Amepding Zoning org nanca ........
...............
_.. __.. outer.Broadway _.... __... _. _.....
Britordained by W City Cowwit of Din City olBasoar, as fo in
THAT, the zoning boundary lines as established by the Zoning Map.
flay
City of Bangg�da� a c r mber�3.,�9JA,�s.�mended,—b
filay further amended as follows:
By changing part of a parcel of land located on Outer Broadway
(Tax Map No. R-11, Part of Parcel No. 2 and Part of Parcel No. 2C)
from Agricultural Zone to Industrial 3 Zone. Said parts of parcels
containing approximately 6.68 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 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 construction and maintenance of an 8 -foot high
earthen berm along the southerly boundary line of
Lot 2-A as depicted on Assessor a Map R-11.
B. The limitation of outside processing to the hours of
6 a.m. to 9 p.m.
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
ofsaidexecuted agreement in the Penobscot County Registry of Deeds
by the property owner, aor of said agreement being on file in
the office f 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.'
In City Council May 13,1991
Received 1st reading
fox+i.
City Clerk
IN CM COIMCTL NAY 29, 1991
PASSED AS A =
8 TEA 1 ABSENT
VOTING YES BALDACCI•BRACO,COHPN,
FHANISRL, SAHI.,SOSNAUDr STONEr SUILIVAN
ABSENT SAWYER
AMENDED UNDFM E CHANCE."
PROM 6 AN TO 9 PN TO 6AM TO BPM
AMENDED CCOOPPY ATTACHED
(
CITY CLERK
9UA99
ORDINANCE
l TITU,) Amending Zoning Ordinance natter
Broadway
4?ZG;JP
�1t
IN CITY COUNCIL eN4 8 915
y�T .nay 29, 1991 91-199
Passed as Amended (AS AMENDED)
A True COPY, Aligned to Councilor -
Axoea{:
d'"` TY OF BANGOR
f '- CITY C
(TITLE,) Mrbrin= mending zoning .ordinance ........ ._.-_.
PG03{
Outer.. Broadway .......... ..._- _..._
Be to Moaned by Psi City Cnuaeit Odle Citi; at Be Nim, us ldkwe:
THAT, the zoning boundary lines as established by the Zoning Map
of the City of Bangor dated' September 23, 19]4, as amended, be
hereby further amended as follows:.
By changing parts of parcels of land located on Outer Boradway
(Tax Map We. R-11, Part of Parcel No. 2 and Part of Parcel No. 2C),
from Agricultural, Zone to Industrial 3 Zone. Saidparts -of parcels
containing approximately 6.68 acres and being more particularly
indicated on the map attached hereto and made a part hereof. -
PROVIDED, HOWEVER -THAT, in additiontothemandatory Conditions
i posed by Chapter VIII, Article 21, Section 11.3, Ordinances of
the City of Bangor, said change of, 'zone is granted subject to the
fol'lowing conditions:
1. The use and/or operation of the subject premises shall be
subject to the following. limitations and/or restrictions:
A. The construction and maintenance of an. 8 -foot high
earthen berm along the southerl? boundary line of
Lot 2-A as depicted on Assessor s Map R-11.-
B. The limitation of outside processing to the haul o_
6 a.m. to 8 p.m,
2. Execution by those parties with an interest in the zffcCted
property of an agreement providing for theimplementation and enforce-
ment of all the terms and conditions set forth above and the recording
of said executed agreement in the Penobscot CountyRegistryof g_
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 spout that said agreement is not so executed within ninety (90)
days from the date of passage hereof, this Ordinance shall become null
and void. -
EXHIBIT. B
M'
PENOBSCOT-ssI
91 AUG 23 AN
ATTTESSP �
T='%ci
26
1.3
M
IUl
91-199
MEMORANDUM
DATE: September 24, 1991
TO: Russ McKenna, City Clerk
PROM: Planning Division
SUBJECT; Original Copy of Contract Zone Change Agreement
C.O. P 91-199 (As Amended)
Attached is the original Contract Zoning Agreement
between the City of Bangor and Bangor Investment Company and
Peter McAvoy for property located offouter Broadway.
This agreement should be filed with C.O. p 91-199. _ If
you have any questions, please give us a call.
so
Exe tive etre[ aty
PGO 24
024250
CONTRACT ZONING AGREEMENT
THIS AGREEMENT is made as of August 1 , 1991, by and between the
CITY OF BANGOR, a municipal corporation with its place of business located
at 73 Harlow Street, in Bangor, County of Penobscot, State of Maine and
BANGOR INVESTMENT COMPANY, a Maine Corporation with its principal place of
business being located at Searsport, County of Knox, State of Maine antl
PETER McAVOY, Of Oaklard,.Caunty a+ Kennebec, State of Maine
WITNESSETH:
WHEREAS, Bangor Investment Company is the owner of record of a certain
parcel of land located Off Outer Broadway in Bangor, County Of Penobscot,
State of Maine, said land comprising 4.86 acresp
and being identified on
City of Bangor Assessor's Map No. R-11 as Lot 2, being a portion of the
premises described in a deed recorded in the Penobscot County Registry of
Deeds in Volume 1536, Page 179, and being more particularly descnibed on
Exhibit A attached{ and
WHEREAS, Peter McAvoy is the owner of record of a certain parcel of
land in Bangor, County of Penobscot, State of Maine, adjoining the
above-described land of Bangor Investment Company, and being identified On
City of Bangor Assessor's Map No. R-11, as part of Lot 2C, and being a
portion of the premises described in deeds recorded in Penobscot County
Registry of Deeds in Volume 4662, page 123, and Volume 4662, Page 129
(said parcels of Bangor Investment Company and Peter McAvoy hereinafter
being referred to as the "subject premises")p and
WHEREAS, pursuant to 30-A M.R.S.A. Section 4352 (8) and Chapter Viii,
Article 2, Sec. B and Article 21, Section 11 Of the Laws and Ordinances of
the City of Bangor, application was made for a contract a change,
-sailed, to reclassify the subject premises from an Agricultural Zone to
n Industrial 3 Zone under the Zoning Ordinance of the City of Bangor,
said application proffering certain conditions oprestrictions relating to
the physical development and/or operation of nth subject premises; and
WHEREAS, subsequent to a public hearing the matter, and after due
consideration given to the recommendations of the Planning Board, the
Bangor City Council adopted Council Ordinancp 91-199 (as amended), whereby
it reclassified a portion of the subject premises from an Agricultural
Zone to an Industrial 3 Zone under the Zoning Ordinance of the City of
Bangor subject to certain restrictions and/up conditions, a copy of said
Council Ordinance 91-199 (as amended) and the restrictions and/or
conditions contained therein being attached hereto as Exhibit B and
incorporated herein by reference.
NOW THEREFORE, in consideration of the reclassification of the subject
premises from
an Agthe Zoneto an Industrial 3 Zane under the
Ordinance o City oBangor, the parties hereto agree as
follows-.
BK4896 PG025
1. Bangor Investment Company and Peter MCAVOy (hereinafter collec-
tively referred to as the "Owner"), their respective heirs, personal rapre-
entatives, successors
and assigns, hereby covenant and agree that the
occupancy cand/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 fallowing restrictions and/or conditions on the
physical development or operation of paid property,
P. The construction and maintenance of an B -foot high earthen
berm along the southerly boundary line of Lot 2-R as depict-
ed on Assessor's Map R-11.
A. The limitation of outside processing to the hours of 6 a.m.
to a P.M.
2. The Owner hereby agrees that the above -stated restrictions, provi-
sy conditions, covenants, and agreements a made a essential part of
this Agre Agreement, shallwith the subject pro shall bind theowner,
its and assigns to of said property o any part thereof or
any interest s therein, and any party in possession
or occupancy of said
property o any part thereof, and shall inure top the benefit of, and be
enforceable by, the City of Bangor, by and through its duly authorized
representatives, and the owner or owners of any abutting parcels of land.
3. The Owner hereby agrees that if it, on any person claiming under
r through it, shall at any time violate an
attempt to violate, o shall
omit to perform o observe any o more
of the foregoing restrictions,
o
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 viola-
tions of this Agreement in the s r that it i autho-
rized to prosecute violations under n
the Zoning Ordinance of
the City of Bangor in affect at the time of said viola-
tions. For the purposes herein, aviolation of this Agree-
ment shall be deemed a violation of said Zoning Ordinance
and shall be subject to the penalty provisions of said ordi-
nance in effect at the time of violation. Each day that a
violation is permitted to exist after notification of the
same pursuant to said Ordinance shall constitute a separate
Offense.
Id. The City of Bangor arid/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 Agree-
ment 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
Pwner
or ownerof abutting parcels to object to any violation, however
long continued, or to enforce any restrictions, provisions, conditions,
e .4896 PG026
covenants, or agreements contained in this Agreement shall in no event be
deemed awaiver
of the right to do so thereafter as to the nam® brameh or
solation or as to any breach or violation Occurring prior to subsequent
thereof.
4. The City of Bangor and the Owner hereby agrees that the
provisions of this Agreement shall remain in full force and effect until
such time as the same
may be modified, amended, repealed, and/or replaced
upon their written agreement. It is expressly understood by the parties
hereto that any such charge shall be in acortlance with the laws of the
State of Maine and the Zoning Ordinance of the City of Bangor, shall be
treated as an amendment to said Ordinance and shall be processed according-
ly.
B. 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
premises. In the event that the zoning of said premises is changed by the
City Council, any use established under the provisions outline in para-
graph 1, subparagraphs A., and S., above, subject to the restrictions,
provisions, conditions, covenants, and agreements contained in this Agree-
ment, shall be allowed to continue as a nonconformity or a nonconforming
whichever the case may be, in accordance with the provisions Of the
Zoning Ordinance, as may be in effectat the time of said zone change,
governing the some.
6. The parties hereto hereby agree, for themselves, their successors
a
and assigns, to w any and all rights to challenge the validityof
Council Ordinance 91-199 (as amended) or the terms of this Agreement.
T. The parties hereto hereby agree that if Onof the restrictions,
provisions, conditions, covenants, and agreements, or portions thereof,
contained in this Agreement eis for any reason hold invalid or uncoratitu-
tional by any curt of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such determina-
tion shall not affect the validity of the remaining portions hereof.
Provided, however, that parties hereto hereby further agree that
n the event any of the contracted provisions contained in paragraph s,
subparagraphs A. and S., above, are invalidated or such other provision is
validated s s to constitute a material changein the restrictions,
provisions, conditi Ons,eants, and agreements negotiated by and be-
tween the parties, the City of Bangor or abutting land owners
shall have
the power to seek a and/or change of the zoning nof the subject
premises to the current zoning classification as may be in effect at the
time of the processing of any such reversion
e
and/or change. Said r -
sion arid/or charge may be initiated bya representative of the Cityofr
Bangor or an abutting property owner to the subject premises, shall be
processed in accordance with theprocedure established for an amendment to
the Zoning Ordinance in affect at the time, and shall be evaluated i
accordance with the criteria established for the review of acne
change
applications. It being the intent of the parties hereto that the. owner
o
Shall not be allowed to benefit from the x change for the subject pre-
mises n the event that the City Of Sangar or abutting land owners are
deprived of the conditions negotiated to minimize the negativeexternali-
tles of the requested retuning.
894896 PG027
C. Except as expressly modified herethe and Occupancy of the
subject premises shall be governed by and comply with the provisions of
the Zoning Ordinance of the City of Bangor and any applicable amendments
thereto or replacement thereof.
IN WITNESS WHEREOF, this Agreement has been executed and delivered as
of the day and year first above written.
,w...sawa 2
Witness
Witness
�x` A.
Witness
STATE OF MAINE
PENSBSCOT . as-,
SRN R INVESTMENT COMPANY
By
Its
DULY ggAUTHORIZED OFFICER
-04-4 /714 C C .
Peter MCAj-oy
CITY OF BANGOR
B nn/
Bar
A.
Its Ci rett
Its City Manager
JULY 29, . 1991
Then personally appeared the above-named PETER HCAVOY and acknowl-
edged the foregoing to be Elgfree act and dead.
Befnre me,
164
Printed Namez?AIJI C eIJD1{JlB
.fin_
Attorney at Law
..BK4896 PGO28
STATE OF MAINE
Penobscot• as. At'4v'd 1(0 , 1991
Then personally appeared the above-named Edward A. Barnett and acknowl-
edged the foregoing to be his free act and Geed in his said capacity as
City Manager and the free act and deed of said City of Bangor.
Before me,
Pr d ntetl Name;me:TQZp2W 1a,:. CaM1e'f
Notary Publicte tp�/a319 b
Attarrey�
MATiAGM✓SMf
STATE OF t•!f!!pE
as aayuy r , 1991
Therm —personally appeared the above-named HZ&e It.Y;rMAPE.A and "W
acknowledges the foregoing to be NMfree act and deed in WSt said capaciy
and the free act and deed of Bangor Investment Company.
Before me,
'Q. ` ga —
P Came;
Sus Peace�
My "E
Attorney-aTs-'•1891'
t/
C'
-Schedule A -
Property Description
Bangor Investment Company Property
Old Six Nile Palls Road - Bangor, Maine
en4896 rcO29
A certain lot or parcel of land with the improvements thereon,
situate in the City of Bangor, County of Penobscot, State of
Maine, more particularly described as follows:
beginning at an iron rad set an the Southwesterly line of the
Old Six Mile Falls Road at the intersection of said road line
with the easterly line of a 100 foot wide strip of land
reserved by Banger and Aroostook Rairoad company from
conveyance to Bangor Investment Company recorded in Penobscot
County Registry of Deeds, volume 1536, Page 179: thence South
42106'30' East by and along the southwesterly line of Old Six
Nile Falls Road a distance of 511.1 feet to an iron rod get ort
the northerly corner of land described in a deed to John
Stymiest at ux., recorded in Penobscot County Registry of
Deeds, Volume 1323, Page 20; thence South 56057'30• West by
said Stymiest land a distance of 202.9 feet to an n rod
set; thence South 42106'30^ East by and along said Stymie8t
land a distance of. 225.0 feet to a galvanized iron pipe. found
marking the southerly -most corner of Said Stymiest land;
thence North 56157'30" East by said Stymiest land a distance
of 202.9 feet to anironrod set on the southwesterly line Of
said old Six Nile Falls Road at its intersectionwith a brook
marking the westerly boundary of land described in a Heed to
Otha W. Corey at ux recorded in Penobscot County Registry of
Deeds, Volume 1354, Page 410; thence southerly following the
-
centez of said brook a distance of 413 feet, more or less, to
an iron rod set at the intersection of said brook with the
southerly line described in the .deed to Bangor Investment
Company recorded in Penobscot County Registry of Deeds, Volume
1536, Page 179; thence North 82959'00• West by and along the
southerly line of Bangor Investment Company lend a distance of
335.0 feet to an iron rod on the southeasterly corner of land
described in a deed to Brewer Junk and Scrap Company recorded
n Penobscot County Registry of Deeds. Volume 4662, Page 123;
thence North 7.19'30^ West by and along said land of Brewer
Junk and Scrap Company a distance of 223.16 feet. to an iron
rod; thence North 68.12'30^ West by and along said land of
Brewer Junk and Scrap Company a distance of 04.77 feet to a
iron rod; thence North 22117115" East by and along said land
of Brewer Junk and Scrap Company a disatnce of 286.90 feet to
an iron rod; thence North 67035'45^ West by and along said
land of Brewer Junk and Scrap Company a distance of 129.0 feet
to the easterly line of the 100 fent wide strip of land
reserved by Bangor and Aroostook Railroad Company from a
EXHIBIT A
40 896
-2-
c
Conveyance to Bangor Investment Company recorded in Penobscot
County Registry of Deeds, Volume 1536, Page 179; thence North
7119'30^ East by and along the easterly line of said strip, a
distance of 213.0 feet to the southwesterly line of a 10 foot
wide strip Of land containing spur track ^C" as described in a
deed from Bangor Investment Company to Bangor and Aroostook
Railroad Company recorded in Penobscot County Registry of
Deeds, Volume 1659, Page 170; thence South 29.09.300 East by
and along said 10 foot strip a distance of 321.8 feet to a
point; thence North 60.50`30" East by and along the
southeasterly end of said SO foot strip, a distance of 10 feet
to a point; thence North 29409'30" Neat along the
northeasterly line of said la foot strip a distance of 335.3
feet to the easterly line of the 100 foot wide strip of land
reserved by Bangor and Aroostook Railroad Company from a
conveyance to. Banger Investment Company recorded in Penobscot
County Registry of Deeds, Volume 1536, Page 179; thence North
7419.30• East by and along the easterly line of said 100 foot
strip, a distance of 82.7 feet to the point of beginning.
EXCEPTING AND RESERVING from the above described lot, the
Premises described in a deed from Bangor Investment Company to
Bertrand E. Blanchard recorded in Penobscot County Registry of
Deeds, Volume 1862, Page 64 and Volume 1866, Page 259.
The premises hereby conveyed contain 4.86 acres exclusive of
reversionary interest, if .any, in the land within the right of
way of Old Six Mile Falls Road adjoining the premises herein
described.
Bearings referenced herein area oriented to magnetic north, 1989,
as determined by a. survey of the within 'described lot by Pliaga 6
Day, Land, Surveyors. -
The premises herein described are conveyed subject to rights of
WAY previously granted to Bertrand E. Blanchard by deeds recorded
in Penobscot County Registry of Deeds, Volume 1862, Page 64, and
Volume 1866, Page 159, and to Brewer Junk and Scrap Company -'
recorded in Penobscot County Registry of Deeds, Volume 4662. Page
123.
Also Conveying all of the Grantor's right, title and interest, if
any, in and to the right of way reserved in the conveyance from
Reuben N. Corey at al., to John Stymieat at ux., recorded in
Penobscot County Registry of Deeds, Volume 1323, Page 20.
For the Granter's source of title reference is made to a deed
from Bangor and Aroostook Railroad Company
cto Ror In trent
Company dated June 1, 1956, recorded in Pao ty Registry
Of Deeds, Volume 1536, Page 179. 1j°an q�F,
0.
` e y
N51
\r 4h,0, 9f%e1
.q` O:
91-199
(AS AMENDED)
Ae igmx1 to Com Baur
CITY OF BANGOR
(TITLE) @n)hUl1CCt Amending zoning Ordinance _-_............... . ...............................
ae a ordaimd h:1he GWr Cowart o) W CiN o(E¢naw. ae PoHOm1:
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 on Outer Boradwky
(Tax Map No. R-11, Part of Parcel No. 2, and Part 0£ Parcel No. 2C)
from Agricultural Zone to Industrial Zone. Said parts of parcels
containing approximately 6.68 acres and being more particularly
indicated on the mapattachedhereto 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 grantedsubject 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 construction and maintenance of an 8 -foot high
earthen berm along the southerly boundary'-lineof
Lot 2-A as depicted on Assessora Map R-11.
B. The limitation of outside processing to the hours of
'6 a.m, to 8 P.M.
2. Execution by those partieswith 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 1s not so executed within ninety (90)
days from the date of passage hereof, this Ordinance shall became null
and void.
91-199
CONDITIONS TO CONTRACT ZONE CHANGE REQUEST OF BANGOR INVESTMENT
COMPANY
1. The construction and maintenance of an 8 -foot high earthen
berm along the southerly boundary line of Lot 2-A as depicted
on Assessor's Map R-11.
2. The limitation of outside processing to the hours of 6 a.m. to
9 P.M.
Item No. 6:
Contract Zone Change
- Outer
Broadway
- Bangor
Investment Company
a. Applicant requests as ontract [ change from the
Agricultural (A) Zoneto the Industrial 3 (1-3) Zone 40r a
6.7 acre parcel along Outer Broadway (Old Broadway).
b. In 1974, the I-3 zone line w s drawn, arbitrarily: through
n
the center of a isting rail side metal recycling complex
antl through themiddle of an existino buildinn. Half of the
other half of the building and a additional storage building
was a grandfathered n- ing u s n the A z The
applicant proposes theT
s
z change i order to makethe
onforming ,half of the property a conforming u and to
expand the applicant's use to allow far the recycling o4
other metal, plastic and paper goods. This location i
suited for this proposed metal recycling use because of os the
existing railroad siding on the property.
C. In order to reduce the impact onan s
adjacent residential
the applicant proposes to leave a SO ft. strip o
agriculturally zoned land around the property and proposes
the following conditions and limitations:
1. The construction and maintenance of an 8 -foot high
earthen berm along the southerly boundary line of Lot
-A as depicted on Assessor's Map R-11.
11. The limitation of
outside processing to the hours of
B a.m. to 9 p.m.
d. This proposed zone
change i consistent with the City's
zoning policy. This z changewould correct a 1944 zoning
o
anomaly. Staff would e end that the planning Board
recommend approval to the City Council for a I-3 Zone
change.