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DISTRICTAREA <br />If you look at page 7 of the additional information in Exhibit A, you will see a map of the <br />proposed overlay district location. In addition to the mall and shopping center, the area <br />includes the 7 story office building across from St Richards and the condominiums on the <br />North side of Country Club Blvd. I wonder if the condo owners are aware of this proposal <br />and I have heard that the office building has begun replacing Leases that are renewing with <br />month -to -month leases causing some tenants to leave. <br />CIRCUMVENTING THE MANDATORY REFERRAL TO ELECTORS <br />The Assistant Law Director told the Planning Commission that this zoning will not require <br />referral to the electorate. I believe this opinion is based on the fact that the phrase Multiple <br />Residence (Apartment) is not included in the zoning district title. Article VII Section 2 (e) <br />reads "Upon a legislative request for zoning or rezoning of land to Multiple Residence <br />(Apartment) use or upon the filing with the City of an application for zoning or rezoning of <br />land to Multiple Residence (Apartment) use with all documentation required by City <br />ordinance for the review and establishment of such district, the legislation providing for the <br />zoning or rezoning shall be introduced before the Council" "The Council shall certify such <br />Legislation to the Board of Elections ....:. The Zoning Code has listed as a zoning district <br />"Multiple Residence (Apartment) District: Even though hundreds or more apartments are <br />envisioned for this district, the title of the Mall Are Mixed Use Overlay District does not <br />include the phrase "Multiple Residence (Apartment) in its title. Therefore, I believe the Law <br />Department has ruled that this rezoning does not have to go to the electorate. The Charter <br />refers to use not district. This Ordinance deals with a rezoning of these parcels. The phrase <br />"overlay" is misleading. I believe that this will change the use of this area and, therefore, <br />should go to the electorate. <br />