Ord 03-02ORDINANCE NO. 3-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL
- MEDIUM DENSITY) TO CBD (CENTRAL BUSINESS
DISTRICT); SAID LAND BEING A PARCEL LOCATED ON
THE EAST SIDE OF BRONSON AVENUE APPROXIMATELY
100' SOUTH OF EAST ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated July, 2001, as being zoned RM (Multiple Family Residential -
Medium Density); and
WHEREAS, at its meeting of August 20, 2001, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
unanimously to recommend approval that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, dated July, 2001, be amended to reflect the revised zoning classification of CBD (Central
Business District).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is as follows:
North 1/2 of Lot 7 (less the East 10 feet), Block 2, Ocean Park, recorded in Plat Book
5, Page 15, of the Public Records of Palm Beach County, Florida
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, dated July,
2001, is hereby changed from RM (Multiple Family Residential - Medium Density) to CBD
(Central Business District).
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, dated July,
2001, to conform with the provisions of Section 2 hereof.
Section a~. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon Comprehensive Plan
Amendment 2001-02 becoming effective.
PASSED,.tAI~, D ADOPTED in regular session on second and final reading on this the
..... day o~--~~_ ..... ,200_~__. ~ t,0, ~~x~~'
ATTEST
City Clerk
First Reading ~/~ ·
...........
Second Reading-
MAYOR
2 ORD NO. 3-02
lO0
I~MILY RE~EENTU~ - MBXOM
'MW A'VEIIJ[ ~l-
' IMI~.Y 100' IIXJTH OF EAST
100
ANNOUNCEMENTS
IaO&L NOTICES
AN OROINANCE O~ THE CITY COM-
MISSION OF THE crl¥ OF DELFIAY
BEACH FLORIDA REZONING LAND
PRESENTLY ZONED RM (MOLTIPLE
FAMILY RESIDENTIAL - MEDIUM
DENSITY) TO C~D (CENTRAL 8USl
NESS D~STR~CT~. SA~D LAND BE~I~ A
P/IP. CEL LOCA'I~D ON THE EAST SIDE
Of BRONSON AVENUE APPROXI
MATELY ~00 SOUTH OF EAST
ATLJU~IC AVENUE AS M0~:IE PAR*
TICULARLY DESCRIBED HE~EtN
AROVID~NG A GENERAL REPEALER
CLAUSE ASAVWG CLAUSE ANDAN
EI:RECTIVE DATE
~g~, ~,~n pe~on may ne~ to e~ure
w ixepare s~c~ m:~cl Fur-
~ O~c DELRAY BEACH
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM /0 - ~- REGULAR MEETING OF FEBRUARY 5, 2002
ORDINANCE NO. 3-02 (CORRECTIVE REZONING A PARCEL OF
LAND LOCATED ON THE EAST SIDE OF BRONSON AVENUE
APPROXIMATELY 100' SOUTH OF EAST ATLANTIC AVENUE)
FEBRUARY 1, 2002
This is second reading and a quasi-judicial hearing for Ordinance No. 3-02 which is a corrective
rezoning of a parcel of land located on the east side of Bronson Avenue approximately 100' south of
East Atlantic Avenue.
The said property is the north half of Lot 7 Block 2, Ocean Park Subdivision and is part of a larger
property containing a mixed-use development (office, retail shops, a restaurant and a second floor
aparunent unit). The action requested is corrective as the current zoning district boundary line bisects
the southernmost building on the site. The north 94 feet of the property is zoned CBD (Central
Business District) while the south 16.65 feet is zoned RM (Multiple Family Residential-Medium
Density).
A Future Land Use Map amendment is being processed separately with Comprehensive Plan
Amendment 2001-02 to change the FLUM designation from MD (Medium Density Residential 5-12
du/ac) to CC (Commercial Core).
At first reading on January 8m, the City Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 3-02 on second and final reading.
Ref'akgmemo21.Ord.3-02 Rezoning Bronson Avenue.02.05.02
TO:
THRU:
FROM:
SUBJECT:
DAVID~. HARDEN, CITY MANAGER
PAUL DORLING, DIREIjTI'QR OF PLANNING AND ZONING
ASMIN ALLEN, PLANNER
MEETING OF JANUARY 8, 2002
CORRECTIVE REZONING FROM RM (MULTIPLE FAMILY
RESIDENTIAL- MEDIUM DENSITY) TO CBD (CENTRAL BUSINESS
DISTRICT) FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE
OF BRONSON AVENUE APPROXIMATELY 100' SOUTH OF EAST
ATLANTIC AVENUE
The subject property is the north half of Lot 7 Block 2, Ocean Park Subdivision and is
part of a larger property containing a mixed-use development (office, retail shops, a
restaurant and a second floor apartment unit). The action requested is corrective as
the current zoning district boundary line bisects the southernmost building on the site.
The north 94 feet of the property is zoned CBD (Central Business District) while the
south 16.65 feet is zoned RM (Multiple Family Residential-Medium Density). A Future
Land Use Map amendment is being processed separately with Comprehensive Plan
Amendment 2001-02 to change the FLUM designation from MD (Medium Density
Residential 5-12 du/ac) to CC (Commercial Core).
Additional background and an analysis of the request is found in the attached Planning
and Zoning Board Staff Report.
At its meeting of August 20, 2001, the Planning and Zoning Board held a public hearing
in conjunction with the request. There was no public testimony regarding the proposal.
After reviewing the staff report and discussing the proposal, the Board voted 7-0 to
recommend that the request be approved, based upon positive findings with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous zoning district
was established in error.
By motion, approve on first reading the ordinance rezoning from RM (Multiple Family
Residential - Medium Density) District to CBD (Central Business District), based upon
the findings and recommendation by the Planning and Zoning Board and set a public
hearing date of February 5, 2002.
Attachments: P & Z Staff Report of August 20, 2001
ORDINANCE NO. 3432
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL
- MEDIUM DENSITY) TO CBD (CENTRAL BUSINESS
DISTRICT); SAID LAND BEING A PARCEL LOCATED ON
THE EAST SIDE OF BRONSON AVENUE APPROXIMATELY
100' SOUTH OF EAST ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated July, 2001, as being zoned RM (Multiple Family Residential -
Medium Density); and
WHEREAS, at its meeting of August 20, 2001, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
unanimously to recommend approval that the property hereinafter described be rezoned, based
upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, dated July, 2001, be amended to reflect the revised zoning classification of CBD (Central
Business District).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property is as follows:
North 1/2 of Lot 7 (less the East 10 feet), Block 2, Ocean Park, recorded in Plat Book
5, Page 15, of the Public Records of Palm Beach County, Florida
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, dated July,
2001, is hereby changed from RM (Multiple Family Residential - Medium Density) to CBD
(Central Business District).
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, dated July,
2001, to conform with the provisions of Section 2 hereof.
Section ar. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon Comprehensive Plan
Amendment 2001-02 becoming effective.
PASSED AND ADOPTED in regular session on second and final reading on this the
..... day of .................... 200
ATTEST
MAYOR
City Clerk
First Reading.
Second Reading.
2 ORD NO. 3-02
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 20, 2001
IV.B.2.
Corrective Future Land Use Map Amendment from MD (Medium Density Residential)
to CC (Commercial Core) and Rezoning from RM (Medium Density) to CBD (Central
Business District) for a Parcel of Land Located on the East Side of Bronson Avenue
Approximately 100' South of East Atlantic Avenue.
GENERAL DATA:
Owner ..................................
Applicant/Agent ....................
Location ..............................
Property Size .......................
Futur~ Land Use Map ........
Current Zonir~g ....................
C. Rinaldi
City of Delray Beach
East side of Bronson, 100' S. of
Atlantic Avenue.
0.003 acres
Medium Density (5-12
units/acre)
RM (Multiple Family Residential
- Medium Density)
Proposed FLUM ................... CC (Commercial Core),
Proposed Zoning ............ CBD (Central Business District)
Adjacent Zoning .... North:
East:
South:
West:
Existing Land Use ............
Proposed Land Use ..........
Water Service ..................
Sewer Service ....................
CBD (Central Bus~ness District)
RM
CF (Community Facilities)
CF
Mixed use development,
containing retail, offices,
restaurants, and residential.
Same as existing
Ex~sting on Site
Exisbng on S~te.
BERKSHIRE
BY THE SEA
GROSVENOR
HOUSE
MANOR HOUSE
CONDO
FTRE
DELRA Y BEACH
ATLANTIC AVENUE
DOVER HOUSE CONDO
OCEAN PLACE
CONDO
COCONUT ROW
J
JARDIN DEL MAR
CONDO
IV.B.2.
The action before the Board is making a recommendation to the City
Commission on a City initiated corrective Future Land Use Map (FLUM)
amendment from MD (Medium Density Residential 5-12 du/ac) to CC
(Commercial Core) and rezoning from RM (Medium Density Residential) to CBD
(Central Business District) for a portion of the Rinaldi property.
The subject property is located on the east side of Bronson Avenue
approximately 100 feet south of Atlantic Avenue and contains 0.03 acres.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and
Zoning Board) shall review and make a recommendation to the City Commission
with respect to all amendments to the City's Future Land Use Map and rezoning
of land.
The subject property is the north half of Lot 7 Block 2, Ocean Park Subdivision
and is part of a larger property containing a mixed-use development (office, retail
shops, a restaurant and an apartment unit). The site was originally built in the
1950's as an apartment complex containing four apartment buildings. On July
17, 1978, building permits were issued to allow the conversion of the apartments
to retail shops which included installation of an open courtyard area. In 1979, the
second floor of the building located at the southwest corner of the site was
converted back to a residential unit for the property owner.
In researching the history of the Future Land Use Map designation and zoning of
the property City records revealed that prior to 1977 the entire site was zoned LC
(Limited Commercial). The Future Land Use Map designation for the property
differed in that the north 94 feet of the 110.65' deep property was designated
Commercial, while the south 16.65 feet was designated Medium Density
Residential. On November 22, 1977, as a part of a City-wide rezoning, the City
Commission changed the zoning for the south 16.65 feet (subject property) from
LC (Limited Commercial) to RM-15 (Multiple Family Residential).
With the adoption of the City's Comprehensive Plan and Future Land Use Map in
November 1989, the FLUM on the north 94 feet of the property was changed to
CC (Commercial Core), while the south 16.65 feet of the site was changed to
MD (Medium Density Residential 5-12 du/ac). Subsequently the property was
rezoned from LC to CBD and RM-15 to RM respectively with the adoption of the
Land Development Regulations and citywide rezoning in October 1990.
During the preparation of the rezoning request for the First Presbyterian Church,
it was identified that the existing mixed-use development was located within two
zoning and FLUM districts and that the district boundary line bisected the
southernmost building. As the zoning change from commercial to residential was
P & Z Board Staff Report
Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD
Page 2
established by ordinance, a formal zoning and correspondent FLUM amendment
is therefore being processed to correct this error.
Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land
Use Map), all land uses and resulting structures must be allowed in the
zoning district within which the land is situated and, said zoning must be
consistent with the land use designation as shown on the Future Land Use
Map.
The current RM zoning and Medium Density Future Land Use Map designation
do not allow the existing mixed-use development. This portion of the site is part
of an overall parcel and as such should have similar commercial designations.
The Future Land Use Map amendment and rezoning is being sought to eliminate
an existing inconsistency between the subject parcel and the remainder of the
site.
REQUIRED FINDINGS:
Future Land Use Element Policy A-1.7: Amendments to the Future Land
Use Map must be based upon the following findings:
Demonstrated Need - That there is a need for the requested land use.
The need must be based upon circumstances such as shifts in
demographic trends, changes in the availability of land, changes in the
existing character and FLUM designations of the surrounding area,
fulfillment of a comprehensive plan objective or policy, or similar
circumstances. The need must be supported by data and analysis. This
policy shall not apply to requests for the FLUM designations of
Conservation or Recreation and Open Space.
The current FLUM designation of MD on the south portion of the property
(16.65') is inappropriate as the Medium Density Residential designation is
inconsistent with the existing uses on the property. This corrective amendment
will apply a Future Land Use Map designation of Commercial Core on the
entire property reflecting the existing uses which have continued since 1978.
Thus, the amendment will eliminate an inconsistency and correct a mapping
error.
Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive
Plan.
The proposed FLUM amendment to CC is corrective in nature and eliminates
the confusion of having dual land use map designations on one mixed-use
site.
P & Z Board Staff Report
Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD
Page 3
[3
Concurrency -- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
The proposed rezoning and FLUM change are corrective, in nature and no
new development or redevelopment is proposed with the request. Thus the
request will have no impact with respect to Concurrency.
Compatibility -- The requested designation will be compatible with the
existing and future land uses of the surrounding area.
The requested designation of Commercial Core will be consistent with
adjacent land use designation to the north, and will accommodate the existing
uses. Since no development changes are proposed and the current uses
have existed on the site since 1978, no compatibility concerns are noted with
the multi-family and church uses to the east, west and south.
Compliance -- Development under the requested designation will
comply with the provisions and requirements of the Land Development
Regulations.
The subject property is developed and no additional improvements are
proposed with this request.
A review of the applicable Comprehensive Plan Policies was undertaken
and the following applicable policy was identified.
Policy C-3.2 Coastal Management Element "There shall be no change in
the intensity of land use within the barrier island and all infill development
which does occur shall connect to the City's storm water management system
and sanitary sewer system"
The proposed FLUM amendment will not change the intensity of land uses as
there are no changes proposed in the current uses on the site.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which
is part of the official record. This may be achieved through information on
the application, the Staff Report or Minutes. Findings shall be made by the
body, which has the authority to approve or deny the development
application. These findings relate to the Future Land Use Map,
Concurrency, Comprehensive Plan Consistency, and Compliance with the
Land Development Regulations.
P & Z Board Staff Report
Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD
Page 4
Future Land Use Map, Concurrency and Comprehensive Plan Consistency
were previously discussed under the "Future Land Use Map Amendment
Analysis" section of this report. Compliance with the Land Development
Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in
Section 3.2.2 (Standards for Rezoning Actions), along with the required
findings in Section 2.4.5(D)($) (Rezoning Findings), shall be the basis upon
which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making
a finding of overall consistency.
Section 3.2.2 (Standards for Rezonin.q Actions): Standard A, B, and E are
not applicable with respect to this rezoning request. The applicable
performance standards of Section 3.2.2 are as follows:
(c)
Zoning changes that would result in strip commercial development
shall be avoided. Where strip commercial developments or zoning
currently exists along an arterial street, consideration should be
given to increasing the depth of the commercial zoning in order to
provide for better project design.
The existing site currently is developed as a 110' deep strip commercial
development along the south side of Atlantic Avenue. While the proposed
change will increase the depth of the commercial zoning, it will
accommodate the existing depth of the commercial development.
(D)
That the rezoning shall result in allowing land uses which are
deemed compatible with adjacent and nearby land uses both existing
and proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new
use.
The property is surrounded by the following zoning districts: to the north is
zoned CBD (Central Business District); to the east is zoned RM (Medium
Density Residential) and to the south and west is CF (Community
Facilities). The existing land uses are: retail/restaurants to the north;
multi-family residences to the east and First Presbyterian Church campus
to the south and west. The zoning action is corrective, and will result in
the application of an appropriate zoning classification which is consistent
with the zoning designation of the balance of the property, and the
associated land use. This use has been at this location since 1978 and no
new development is proposed. Based upon the above, positive findings
can be made with respect to the applicable performance standards.
P & Z Board Staff Report
Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD
Page 5
Section 2.4.5(D)(5} (Rezonin.q Findin.qs):
Pursuant to Section 2.4.$(D)(5) (Findings), in addition to provisions of
Section 3.1.1, the City Commission must make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is being sought.
These reasons include the following:
That the zoning had previously been changed, or was originally
established, in error;
That there has been a change in circumstances which make the
current zoning inappropriate;
That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
The reason for the rezoning is "a". The zoning change in 1977 was established in
error as the change in the zoning district from LC to RM-15 bisected an existing
development which operated as one business entity. This corrective rezoning will
result in the assigning of an appropriate classification for the existing use as well
as achieve consistency with respect to zoning designation for the entire parcel.
The development proposal is not located within the
review by the DDA (Downtown Development
Preservation Board.
geographical area requiring
Authority) or the Historic
Community Redevelopment Agency
The Community Redevelopment Agency reviewed the request at its meeting of
June 28, 2001, and recommended approval.
Courtesy Notices:
A special courtesy notice was provided to the Chamber of Commerce, PROD,
the President's Council and the following homeowners associations:
Beach Property Homeowners Association
Via Marina
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of
the subject property. Letters of objection and support, if any, will be presented at
the Planning and Zoning Board meeting.
P & Z Board Staff Report
Rinaldi Property - Corrective FLUM Amendment and Rezoning to CBD
Page 6
The existing FLUM designation of MD (Medium density Residential 5-12du/ac)
and zoning of RM (Medium Density Residential) is inappropriate for the property
as the remainder of the property has a CC (Commercial Core) FLUM
designation and is zoned CBD (Central Business District). The FLUM
amendment and rezoning will correct a mapping error and result in FLUM and
zoning consistency for the properties. The uses on the property have existed at
this site for many years and will not be affected by the proposed changes. No
new development or redevelopment is anticipated with this request. Positive
findings can be made with respect to Future Land Use Element Policy ^-1.7
(FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.1.1,
3.2.2, and 2.4.5(D) of the Land Development Regulations.
A. Continue with direction.
Recommend to the City Commission approval of the corrective Future
Land Use Map amendment from MD to CC and rezoning from RM to CBD
based upon positive findings with respect to Future Land Use Element
Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM
designation and zoning district were established in error.
Co
Recommend to the City Commission denial of the corrective Future Land
Use Map amendment from MD to CC and rezoning from RM to CBD,
based upon a failure to make positive findings with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings) and Section 3.1.1 (A) of the Land Development Regulations,
with the basis stated.
Recommend to the City Commission approval of the corrective Future Land Use
Map amendment from MD (Medium Density Residential 5-12 du/ac) to CC
(Commercial Core) and rezoning from RM (Medium Density Residential) to CBD
(Central Business District) based upon positive findings with respect to Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), that the previous FLUM
designation and zoning district were established in error.
Attachments: Exhibit A, Future Land Use Map & Zoning Map
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Area Subject to
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CITY OF DELRAY BEACH, FL
PLANNING & ZONING OEPARTMENT
FUTURE LAND USE MAP AMENDMENT
FROM. MEDIUM DENSITY (5-12 UNITS/ACRE) TO: COMMERCIAL CORE
-- O/C/rAt ~ASE MAP S~Srgbl -- MAP REF, LM550
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Area Subject to
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CITY OF DELRAY BEACH, FL
PLANNING ~' ZONING DEPARTMENT
REZONING
FROM: RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY)
TO' CBD (CENTRAL BUSINESS DISTRICT)
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