LAND USE & ZONING COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

November 18,2008

 

ART GRAHAM, CHAIR

 

CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, November 18,2008. The meeting was called to order at 5:05 P.M. by Committee Chair Art Graham. The meeting adjourned at 6:43 P.M.

 

 

 

Members in Attendance: Staff Attendance:

 

CM Art Graham, Chair Excused 6:10 Jessica Stephens, Legislative Aide

CM Stephen Joost, Vice Chair Marilyn Allen, Legislative Aide

CM Richard Clark Shannon Eller, General Counsel

CM Johnny Gaffney - Excused Rick Campbell, Research Asst.

CM Ray Holt John Crofts, Planning Director

CM Don Redman Sean Kelly, Zoning Administrator

CM Jack Webb Excused Folks Huxford, Sr. Planner

Ken Avery, Principal Planner

Kenneth Browning, Sgt-at-Arms

 

 

 

 

 

Others in Attendance:

 

 

CM Davis (2008-910 & 969)

CM Elect Reggie Brown

CP Fussell (08-969)

 

 

 

 

 

 

1. 2008-969 AN ORDINANCE AMENDING CHAPTER 656 (ZONING CODE), PART 3, ORDINANCE CODE, AND CHAPTER 656 (ZONING CODE), PART 4, ORDINANCE CODE; AMENDING SECTIONS 656.301, 656.302, 656.303, 656.304, 656.305, 656.306 & 656.307 REGARDING RESIDENTIAL ZONING DISTRICTS; AMENDING SECTION 656.403 REGARDING ACCESSORY USES & STRUCTURES; AMENDING SECTION 656.411 REGARDING PARKING OF CERTAIN VEHICLES IN CERTAIN ZONING DISTRICTS; AMENDING SECTION 656.414 REGARDING TOWNHOUSES AND ROWHOUSES; CREATING A NEW SECTION 656.420 REGARDING RECREATION AND OPEN SPACE STANDARDS FOR RESIDENTIAL SUBDIVISIONS; AND PROVIDING AN EFFECTIVE DATE; 11/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee. The Chair CLOSED the Public Hearing.

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Clark, Graham, Holt, Joost, Redman, ( 5 )

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2. 2008-910 AN ORDINANCE AMENDING CHAPTER 656, PART 12, ORDINANCE CODE, (LANDSCAPE AND TREE PROTECTION REGULATIONS) TO PROVIDE CONSISTENCY WITH ARTICLE 25 OF THE CITY OF JACKSONVILLE CHARTER, UPDATE DEFINITIONS, AND CODIFY CURRENT POLICIES; PROVIDING AN EFFECTIVE DATE; 10/21/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee. The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Clark, Graham, Holt, Joost, Redman, ( 5 )

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3. 2007-1086 AN ORDINANCE REZONING APPROXIMATELY 2.37 ACRES LOCATED IN COUNCIL DISTRICT 3 ON BEACH BOULEVARD BETWEEN HUFFMAN BOULEVARD AND MEADOWBROOK BOULEVARD, (PORTION OF R.E. NO. 167064-0000) AS DESCRIBED HEREIN, OWNED BY MITIGATION PROPERTIES, LTD. FROM CO (COMMERCIAL OFFICE) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL AND OFFICE USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE BEACH AND HUFFMAN PUD; PROVIDING AN EFFECTIVE DATE; 10/16/2007 - Read 2nd & Rerefer; 9/16/2008 - Sub/Rerefer 7-0

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee. The Chair CLOSED the Public Hearing.

 

Recommend to SUBSTITUTE and REREFER.

 

AYES - Clark, Graham, Holt, Joost, Redman, ( 5 )

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4. 2008-716 AN ORDINANCE REZONING APPROXIMATELY 2.385 ACRES OF LAND LOCATED IN COUNCIL DISTRICT 9 AT 1209 LANE AVENUE NORTH BETWEEN LANE CIRCLE NORTH AND LANE CIRCLE SOUTH AND OWNED BY GREGORY KLEINRICHERT, AS DESCRIBED HEREIN, FROM RESIDENTIAL LOW DENSITY-G (RLD-G) DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, FOR DEVELOPMENT OF INDUSTRIAL USES, AS DESCRIBED IN THE WRITTEN DESCRIPTION AND SITE PLAN FOR THE BEST-TEC PUD, PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) SMALL-SCALE AMENDMENT APPLICATION NUMBER 2005C-010; PROVIDING AN EFFECTIVE DATE; 9/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee. The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Clark, Graham, Holt, Joost, Redman, ( 5 )

_____________________

 

5. 2008-852 AN ORDINANCE REZONING APPROXIMATELY 7.42 ACRES LOCATED IN COUNCIL DISTRICT 10 AT 6079 BAGLEY ROAD BETWEEN EDGEWOOD AVENUE AND FRANCIS ROAD, (R.E. NOS. 040568-0000, 041452-0000 AND 040120-0000) AS DESCRIBED HEREIN, OWNED BY THE DIOCESE OF ST. AUGUSTINE FROM CO (COMMERCIAL OFFICE) DISTRICT TO CRO (COMMERCIAL RESIDENTIAL OFFICE) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE; 10/21/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee. The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Clark, Graham, Holt, Redman, ( 4 )

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6. 2008-853 AN ORDINANCE REZONING APPROXIMATELY 0.115 ACRES LOCATED IN COUNCIL DISTRICT 8 AT 1598 19TH STREET WEST BETWEEN GRUNTHAL STREET AND WILSON STREET (R.E. NO. 046057-0000) AS DESCRIBED HEREIN, OWNED BY HABITAT FOR HUMANITY OF JACKSONVILLE, INC. FROM RMD-C (RESIDENTIAL MEDIUM DENSITY-C) DISTRICT TO RMD-A (RESIDENTIAL MEDIUM DENSITY-A) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE; 10/21/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee. The Chair CLOSED the Public Hearing.

 

Roll Call was ordered. The motion CARRIED.

 

The Chair declared the file WITHDRAWN.

 

AYES - Clark, Graham, Holt, Redman, ( 4 )

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7. 2008-855 AN ORDINANCE CONCERNING SIGN WAIVER APPLICATION SW-08-09 LOCATED IN COUNCIL DISTRICT 2 AT 2333 ST. JOHNS BLUFF ROAD SOUTH, BETWEEN FRASER ROAD AND LOST PINE DRIVE (R.E. NOS. 163769-0000 & 163773-0000) AS DESCRIBED HEREIN, OWNED BY THE ISLAMIC CENTER OF NORTHEAST FLORIDA, INC., TO REDUCE THE MINIMUM SET BACK REQUIREMENTS FOR SIGNS FROM 10 FEET TO 4 FEET, IN ZONING DISTRICT IBP (INDUSTRIAL BUSINESS PARK), AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE; 10/21/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council. The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE to Grant the Waiver.

 

AYES - Clark, Graham, Holt, Redman, ( 4 )

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8. 2008-933 AN ORDINANCE ADOPTING AN AMENDMENT TO THE 2010 COMPREHENSIVE PLAN OF THE CITY OF JACKSONVILLE FOR THE PURPOSE OF REVISING CERTAIN PORTIONS OF THE TEXT OF THE PLAN IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING AN EFFECTIVE DATE.; 11/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council. The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Clark, Graham, Holt, Joost, Redman, ( 5 )

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9. 2008-972 AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND A&J PROPERTIES OF JAX, LLC, CONCERNING A DEVELOPMENT (CCAS NOS. 45670.1, 49063.1 & 51088) KNOWN AS "HIGHWAY AVENUE INDUSTRIAL CENTER", CONSISTING OF APPROXIMATELY 3.77 ACRES LOCATED IN COUNCIL DISTRICT 9, ON THE SOUTH SIDE OF HIGHWAY AVENUE BETWEEN LANE AVENUE SOUTH AND CYNTHIA STREET (R.E. NO. 005352-0100), AS MORE PARTICULARLY DESCRIBED THEREIN, FOR 59,800 ENCLOSED SQUARE FEET OF INDUSTRIAL USE, SUBJECT TO A PERFORMANCE SCHEDULE AND THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR THE PURPOSE OF RESERVING TRAFFIC CIRCULATION CAPACITY, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.; 11/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council. The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Clark, Graham, Holt, Joost, Redman, ( 5 )

_____________________

 


10. 2008-973 AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND ALBERT HUGO ASSOCIATES, INC., CONCERNING A DEVELOPMENT (CCAS NO. 50363) KNOWN AS "HUGO FURNITURE STORE ADDITION", CONSISTING OF APPROXIMATELY 9.72 ACRES LOCATED IN COUNCIL DISTRICT 9 AT 3061 & 3139 PHILIPS HIGHWAY (R.E. NOS. 130419-0000, 130419-0100, & 130419-0200), AS MORE PARTICULARLY DESCRIBED THEREIN, FOR 30,000 ENCLOSED SQUARE FEET OF WAREHOUSING USE, SUBJECT TO A PERFORMANCE SCHEDULE AND THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR THE PURPOSE OF RESERVING TRAFFIC CIRCULATION CAPACITY, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.; 11/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council. The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Clark, Graham, Holt, Joost, Redman, ( 5 )

_____________________

 

11. 2008-974 AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND BRIAN SCHUMAN ET AL, CONCERNING A DEVELOPMENT (CCAS NO. 41900) KNOWN AS "BALLARD OAKS", CONSISTING OF APPROXIMATELY 8.19 ACRES LOCATED IN COUNCIL DISTRICT 5, AT THE TERMINUS OF BALLARD OAKS ROAD, EAST OF ST. AUGUSTINE ROAD (R.E. NOS. 152617-0010 & 152626-0000), AS MORE PARTICULARLY DESCRIBED THEREIN, FOR 90,000 ENCLOSED SQUARE FEET OF WAREHOUSING USE, SUBJECT TO A PERFORMANCE SCHEDULE AND THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR THE PURPOSE OF RESERVING TRAFFIC CIRCULATION CAPACITY, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.; 11/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council. The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Clark, Graham, Holt, Joost, Redman, ( 5 )

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12. 2008-975 AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE DIOCESE OF SAINT AUGUSTINE, CONCERNING A DEVELOPMENT (CCAS NO. 51034) KNOWN AS "BAYARD COMMERCIAL COMPLEX", CONSISTING OF APPROXIMATELY 37.61 ACRES LOCATED IN COUNCIL DISTRICT 13, ON THE EAST SIDE OF PHILIPS HIGHWAY, SOUTH OF GRAN BAY PARKWAY (R.E. NO. 168128-0000), AS MORE PARTICULARLY DESCRIBED THEREIN, FOR 350,000 ENCLOSED SQUARE FEET OF COMMERCIAL USE, SUBJECT TO A PERFORMANCE SCHEDULE AND THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR THE PURPOSE OF RESERVING TRAFFIC CIRCULATION CAPACITY, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.; 11/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council. The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Clark, Graham, Holt, Joost, Redman, ( 5 )

_____________________

 

13. 2008-971 A RESOLUTION CONCERNING THE APPEAL OF A FINAL ORDER OF THE PLANNING COMMISSION DENYING ZONING EXCEPTION E-08-51 (APPLICATION FOR AN ASSISTED LIVING FACILITY WITH 14 BEDS AND 2 EMPLOYEES) ISSUED TO LEONARD DAVIS (PROPERTY OWNER) AS REQUESTED BY OMEGA BROOKS (APPLICANT), PURSUANT TO SECTION 656.141, ORDINANCE CODE; ADOPTING RECOMMENDED FINDINGS AND CONCLUSIONS OF THE LAND USE AND ZONING COMMITTEE; PROVIDING AN EFFECTIVE DATE.; 11/3/2008 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2008

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee. The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE to Deny Appeal.

 

AYES - Clark, Holt, Joost, Redman, ( 4 )

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2ND READINGS

 

14. 2008-984 AN ORDINANCE REZONING APPROXIMATELY 4.69 ACRES LOCATED IN COUNCIL DISTRICT 13 AT 8401 SOUTHSIDE BOULEVARD BETWEEN BAYMEADOWS ROAD AND SOUTHSIDE BOULEVARD (R.E. NO. 148633-5000 AND A PORTION OF 148633-5020), AS DESCRIBED HEREIN, OWNED BY SEMBLER EDP PARTNERSHIP #22, LTD., FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE BAYMEADOWS/SOUTHSIDE SEQ COMMERCIAL CENTER PUD; PROVIDING AN EFFECTIVE DATE.

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15. 2008-985 AN ORDINANCE REZONING APPROXIMATELY 3.96 ACRES LOCATED IN COUNCIL DISTRICT 12 ON 103RD STREET BETWEEN ROCKOLA ROAD AND MONROE SMITH ROAD (R.E. NO. 013056-0500), AS DESCRIBED HEREIN, OWNED BY PRIME INTERNATIONAL PROPERTIES, LLC, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE PRIME INTERNATIONAL PROPERTIES, LLC PUD; PROVIDING AN EFFECTIVE DATE.

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16. 2008-986 AN ORDINANCE REZONING APPROXIMATELY 1.64 ACRES LOCATED IN COUNCIL DISTRICT 14 AT 4359 AND 4369 ROOSEVELT BOULEVARD, 4452 AND 4446 LEXINGTON AVENUE AND 4453 AND 4447 SAN JUAN AVENUE BETWEEN LEXINGTON AVEUE AND SAN JUAN AVENUE (R.E. NOS. 093636-0000, 009637-0000, 093638-0000, 093641-0000, 093643-0000 AND 093644-0000), AS DESCRIBED HEREIN, OWNED BY GIANT OIL, INC., GIANT JACKSONVILLE, LLC, HOLIDAY CVS, LLC, AND JAKE FRANKLIN WESTBERRY, FROM CCG-1 (COMMERCIAL COMMUNITY/GENERAL-1), CCG-2 (COMMERCIAL COMMUNITY/GENERAL-2) RMD-B (RESIDENTIAL MEDIUM DENSITY-B) AND RLD-G (RESIDENTIAL LOW DENSITY-G) DISTRICTS TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE SAN JUAN CVS PUD; PROVIDING AN EFFECTIVE DATE.

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17. 2008-987 AN ORDINANCE REZONING APPROXIMATELY 2.73 ACRES LOCATED IN COUNCIL DISTRICT 13 AT 11747 PHILIPS HIGHWAY BETWEEN INTERSTATE 295 AND BAYARD ROAD (R.E. NO. 168155-0050), AS DESCRIBED HEREIN, OWNED BY 11747 PHILIPS HIGHWAY, LLC, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE 11747 PHILIPS HIGHWAY PUD; PROVIDING AN EFFECTIVE DATE.

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18. 2008-988 AN ORDINANCE REZONING APPROXIMATELY 8.94 ACRES LOCATED IN COUNCIL DISTRICT 5 AT 7526 SAN JOSE BOULEVARD & 7530 SAN JOSE BOULEVARD BETWEEN SAN JOSE BOULEVARD AND LARIDA LANE, (R.E. NOS. 149831-0010, 149832-0000 & 149838-0000) AS DESCRIBED HEREIN, OWNED BY THE BOLLES SCHOOL FROM RLD-D (RESIDENTIAL LOW DENSITY-D) DISTRICT TO PBF-2 (PUBLIC BUILDING FACILITIES-2) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE.

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19. 2008-989 AN ORDINANCE REZONING APPROXIMATELY 0.27 ACRES LOCATED IN COUNCIL DISTRICT 5 AT 7342 SAN JOSE BOULEVARD BETWEEN SAN JOSE BOULEVARD AND SAN CARLOS ROAD, (R.E. NO. 149947-0000) AS DESCRIBED HEREIN, OWNED BY THE BOLLES SCHOOL FROM RLD-D (RESIDENTAL LOW DENSITY-D) DISTRICT TO PBF-2 (PUBLIC BUILDINGS & FACILITIES-2) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE.

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