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12 revised1 2 3 4 5 6 7 8 ORDINANCE NO. _____ _ An Ordinance amending Section 20-5.17, "Reserved," of the City of South Miami's Land Development Code to create a new section entitled "building site approval or creation; lot split," to establish procedures for identifying lawful building sites, and for subdividing land into buildable sites or for transfer of ownership. 9 WHEREAS, the City's Land Development Code provides for the process of reviewing 10 and approving buildable sites and the division of parcels ofland in the City of South Miami; and 1 1 12 WHEREAS, where a building site is in compliance with the regulations of the Land 13 Development Code, the Planning Director can approve it as a buildable site; however, where the 14 property owner seeks to divide a buildable site, or a lot, plot or parcel of land that was not 15 previously used or recognized as a buildable site , or for the transfer of ownership, then such 16 proposal must be reviewed and approved for the protection of the public health, safety and 17 welfare; and 18 19 WHEREAS, while the City 's subdivision regulations also provide for review and 20 approval of proposed building sites, through plat regulations according to Chapter 28 of the 21 Miami-Dade County Code, and other regulations of the City, it is necessary to provide for review 22 and approval of such proposed building sites through the City'S Land Development Code for 23 compliance with land development regulations; and 24 25 WHEREAS, provisions under the heading "Creation of Authorized Building Sites," 26 which were in Section 20-4.2 (D) of the Land Development Code and supplement these 27 regulations are transferred to this section for consistency; and 28 29 WHEREAS, this proposed amendment to section 20-5.17 will have been presented to the 30 Planning Board before second reading of this ordinance and the board's recommendation will be 31 attached as backup for second reading; and 32 33 WHEREAS, the Mayor and City Commissioners of the City desire to amend the City's 34 Land Development Code to accomplish the above objectives. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 37 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 38 39 Section 1. Section 20-5.17, "Reserved." is hereby amended to read as follows: 40 Section 20-5 .17 . Resep,'ea. Building Site Approval or Creation; Lot Split. 41 No lot(s), plot(s) or parcel(s) of land, or building site(s) (collectively referred to as "parcel of 42 land" or "parcel" for the purpose of this section) whether improved or unimproved, whether or 43 not designated by number, letter or other description in a plat of a subdivision, shall be further 44 divided or split, for any purpose , whether immediate or future, including for the purpose of 'J\ , I transfer of ownership or development, unle ss first referred to the Planning and Zo ning Board 2 ("P lanning Board") for it s recommendation , and thereafter reviewed and approved by the City 3 Co mmi ss ion, as provided in this section. 4 5 (A) Determination of lawful building site. 6 (I) A property owner may submit a written application to the Planning and Zoning 7 Department ("Planning Department") Planning Department Director ("Planning 8 Director") or designee to determine whether a parcel proposed for development is a 9 lawful building site: if the Planning Director or designee so determines, a written site 10 determination shall be issued to the applicant after being approved by the City II Commission by resolution. In the event that the Planning Director or designee 12 determines that the parcel is not a lawful building site, or if an owner desires to make 13 a division or change in configuration of a parcel of land for any purpos e including 14 transfer of ownership or to create a new building site , the property owner shall 15 submit an application for special exception approval, on forms provided by the 16 Planning Director for this pumose, for referral to the Planning Board for their review 17 and recommendation, and for review and approval by the City Commission in 18 accordance with the procedures set forth in the Land Development Code, currently in 19 Sections 20-5.4, 5.5 and 5.6, and according to the criteria below. All applicants shall 20 provide, as part of the application process, copies of all documents that provide 21 restrictions, reservations and/or covenants applicable to the parcel of land being 22 considered, and an opinion of title issued by a member of the Florida Bar which 23 concludes that, as of a date not more than 120 days before the City Commission's 24 decision upon the application, and from the date of the root of title as defined by the 25 Marketable Record Title to Real Properties Act, nothing in the chain of title prevents 26 or serves as an exception to the division or change in the land 's configuration as 27 requested. 28 29 (B) Requirements for creation of a lawful building site. 30 New building sites shall only be created through the special exception proces s, and after 31 referral to the Planning Board, for its review and recommendation, and after an 32 advertised public hearing held by and after the approval of the City Commission of the 33 special exception. The Planning Director shall provide a written review and 34 recommendation on each application, prior to referral to the Planning Board and City 35 Co mmission for their review and action thereon . The following gui de lin es shall be 36 applied to proposals to create, one or more lot(s) or lawful building sites from an existing 37 platted or unplatted parcel of land in the City, whether for transfer of ownership, lot split, 38 annexation, or subdivision through plat. repl at , or waiver of plat or otherwise: 39 (I) Proposed building sites or lots areis equal to or larger than the majority of the existing 40 building sites or parcels of land, and of the same character, as th e surrounding area 41 (this shall be demonstrated using copies of the official plat maps for the subject 42 property and surrounding area), unl ess oth er w ise pe rmitted by thi s ordin ance . 43 Surrounding area is defined as all parcels of land within the same zo ning di strict 44 within 500 feet of the exterior boundaries of the subject property, including those that 45 are diagonal to the property and se parated by a roadway, excluding SW 6th Avenue, 46 SW 56th Street. and SW nnd Street. and which shall include all of the applicant's 47 proposed building sites, to be created. 2 I (2) The lot frontage of the proposed building site(s), lots or parcels of land, is not less 2 than the median of the lot frontage of lots within the same zoning district and which 3 are within 500 feet of the exterior boundaries of the subject property, including those 4 that are diagonal to the property and separated by a roadway, excluding SW 67 th 5 Avenue, SW 56 th Street. and SW nnd Street. and which shall include all of the 6 applicant's proposed building sites, to be created. 7 (3) The proposed building site(s), lot(s) or parcels of land does not result in existing 8 structures becoming nonconforming as they relate to setbacks and other applicable 9 regulations of the City'S Land Development Code. 10 (4) The proposed building site(s), lot(s) or parcels ofland, is free of encroachments from II abutting building sites. 12 (5) No restrictive covenants, encroachments, easements, or the like exist that would 13 prevent the separation of the building site(s), lot(s) or parcel(s) of land. 14 (6) The building siteCs), lot(s) or parcel(s) of land that would be created are divided in 15 such a manner that they are in compliance with the regulations of the City'S Land 16 Development Code, except th at the City Com mi ssion may approve building sites th at 17 conform to th ose that actuall y exist on th e same block face as th e sub ject property, if 18 expressly permitted as part of the waiver-of-plat, tentative or final plat. 19 (7) he scale of any proposed new construction is compatible with the as-built character 20 of the surrounding area, and does not create adverse impacts on the surrounding area; 21 but if so, provide satisfactory commitments as to how the adverse impacts will be 22 mitigated. -Provide a s it e plan showing the footprints of the proposed ne 23 construction in re lation to setbacks, yard requ ir ements and easements, on the 24 proposed subdiv id ed lots. 25 In granting a division of land/lot sol it. based upon the application's satisfaction of and 26 consistency with the criteria above, the Planning Department and Planning Board may 27 recommend, and the City Commission may prescribe appropriate conditions and safeguards 28 restricting th e square footage, orientation and location of new structures to be built on the 29 resulting lots, and for existing single family homes that qualify for designation under the criteria 30 for historic preservation in the Land Development Code, a referral to the Historic Preservation 3 I Board for consi derati on. 32 33 (C) Creation of Authorized Building Sites. 34 (I) No building permit for the construction of any structure within the city shall be issued until 35 an authorized building site has been created which meets at least one (I) of the following criteria: 36 (a) Is part of a recorded subdivision plat or has received waiver-of-plat approva l; 37 (b) Is part ofan officially approved planned unit development which: 38 i . Provides for all utility and drainage easements, alleys, streets and other public 39 improvements necessary to meet the normal requirements for platting, and 40 ii . Includes the designation of building areas and easements, alleys and streets 41 required and properly dedicated, and necessary public improvements; or 42 (c) Fronts upon a dedicated public street and was separately owned prior to the effective 43 date of this Code or annexation to the city; 44 (2) Wherever there exists a single-family dwelling unit , which was constructed on a building site 45 containing two (2) or more platted lots, the nonconforming lot of record provisions in this Code 46 shall apply. 3 1 (3) Established building sites shall not be reduced in any manner to a size which is less than that 2 required for the zoning district in which located, or actually existing on the same block face as 3 the subject property, if expressly permitted by the City Commission as part of the waiver-of-plat, 4 tentative or final plat. 5 6 Section 2, Codification. The provisions of this ordinance shall become and be made 7 part of the Land Development Code of the City of South Miami as amended; that the sections of 8 this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 9 "ordinance" may be changed to "section" or other appropriate word. 10 11 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 12 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 13 shall not affect the validity of the remaining portions of this ordinance . 14 15 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 16 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 17 18 Section S. Effective Date. This ordinance shall become effective upon enactment. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 PASSED AND ENACTED this day of _____ ., 2016. ATTEST: CITY CLERK 1 sl Reading 2nd Reading READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY 4 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Liebman: Commissioner Harris: I 2 3 4 5 6 7 8 9 ORDINANC E NO. _____ _ An Ordinance amending Section 20-5.17 , "Reserved," of the City of South Miami's Land Development Code to create a new section entitled "building site approval or creation; lot split," to establish procedures for identifying lawful building s ites , and for s ubdividing land into buildable sites or for transfer of ownership. 10 WHEREAS, the City's Land Devel o pment Code provide s for th e process of re viewin g II and approving buildable s ites and the divi s ion of parcels ofland in the C ity o f So uth Miami; a nd 12 13 WHEREAS, whe re a building s ite is in comp li ance with the regulations of the La nd 14 D eve lopment Code, th e Planning Director ca n approve it as a buildabl e s ite ~ however, where the 15 property owner see ks to divide a buildable s ite, or a lot, plot or parcel of land th at was not 16 previousl y used or recogn ized as a buildable s it e , or for the tran s fer o f ownersh ip, then such 17 proposa l must be rev iewed and approved for the protection of th e public health , safety and 18 welfare ; and 19 20 WHEREAS, while the City's subdi vision regulations also provide for revi ew and 21 approva l of propose d building sites, through plat regu lat ion s acco rdi ng to Chapter 28 of the 22 Miami~Dade Co unty Code, and oth er regulation s of the Cit y, it is nec essary to provide for re view 23 a nd approval of such proposed building s it es thro ugh the C it y 'S Land Deve lopment Code for 24 co mpliance w ith land development regulation s; and 25 26 WHEREAS , provisions under the heading "Creation of Authorized Building S ites," 27 whi c h were in Section 20-4.2 (D) of the Land Development Code a nd supplem e nt th ese 28 regulations are transferred to this section for con s istency ; and ~ -i Formatted 29 • ____________________________________________________________ ---{ Fonnatied, Font: Bold 30 V/II ERE AS , thi s J:lFeJ:leseEl erEli AaAe e ereat iAg 29 S.17 wil l have 13eeA ~reseAteEl t8 the 3 1 PlaAAiAg B8arEl13efsre seesAEI reae iAg sf Otis srEl iABflee aAa the 138ara 's re ee mme Aaat i8A .ii ll 13e 32 attaehee as 13ae l tt:l~ fer see8 Aa read iAg; aAe 33 34 WHEREAS, the Mayor a nd C ity Commi ss ioners of the C ity des ire to amend the City's 35 Land Development Code to accompli sh the above o bj ect ives. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA : 39 40 Section 1. Sect ion 20-5.17 , "Re serv ed." is he reby amended to read as fo ll ows: 41 Section 20 -5.17. Rese,,·e •. Building Site Approval or C reati on; Lot Split. 42 No lot(s), pioUs) or pa rcel(s) of land , or bu il ding s ite(s) (collectivel y re fe rred to as "parcel of 43 land" or "parcel " for th e purnose of thi s sec tion) whether imp roved or unimproved . whether or 44 not designated by num ber . letter or other de sc ri ption in a plat of a sub divi s ion. shall be further I divided or sp lit. for any purpose. whether immediate or future. including for the pumase of 2 transfer of ownership or development. unless fir st referred to the Planning and Zoning Board 3 ("Planning Board") for its recommendation. and thereafter reviewed and approved by the City 4 Commission. as provided in this section. 5 6 CAl Determination of lawful building site. 7 (I) A property owner may submit a written app licat ion to the Planning and Zoning 8 Department ("Planning Department") Planning Department Director ("Planning 9 Director") or designee to determine whether a parcel proposed for development is a JO lawful building site: if the Planning Director or designee so determines. a written s ite II determination s hall be iss ued to the applicant after being 8BBsyeEtapproved by the 12 City Commission by resolution. In the event that the Planning Director or desig nee 13 determines that the parcel is not a lawful building s ite. or if an owner desires to make 14 a division or change in configuration of a parcel of land for any purpose including 15 transfer of ownership or to create a new building si te. the property owner shall 16 submit an application for special exception approval. on forms provided by the 17 Planning Director for this pumose. for referral to the Planning Board for their review 18 and recommendation. and for review and approval by the City Commission in 19 accordance with the procedures set forth in the Land Development Code. currently in 20 Sections 20-5.4. 5.5 and 5.6. and according to the criteria below. All applicants shall 21 provide. as part of the application process. copies of all documents that provide 22 restrictions. reservations and/or covenants applicable to the parcel of land being 23 considered. and an opinion of title iss ued by a member of the Florida Bar which 24 concl udes that. as of a date not more than 120 days before the City Commission's 25 decision upon the application. and from the date of the root of title as defined by the 26 Marketable Record Title to Real Properties Act. n othing in the chain of title prevents 27 or serves as an exception to the division or change in the land's configuration as 28 req ue sted . 29 30 (B) Requirements for creation of a lawful building s ite . 31 New building sites s hall only be created through the special exception process. and after 32 referral to the Planning Board. for it s review and recommendation. and after an 33 adverti se d public hearing held by and after the approval of the City Commission of the 34 special exception. The Planning Director shall provide a written review and 35 recommendation on each application. prior to referral to the Planning Board and Ci t y 36 Commission for their review and action thereon. The following effieAe gu ideli nes shall 37 be applied to proposals to create. one or more lot(s ) or lawful building sites from an 38 ex isti ng platted or unplatted parcel ofland in the City. whether for transfer of ownership. 39 lot split. annexation. or subdivision through plat. replat. or waiver of plat or otherwise: 40 (I) Proposed building sites or lots isare equal to or la rger than the majority of the existing 41 building si t es or parcels of land. and of the same c harac ter. as the surround ing area 42 (this sha ll be demonstrated using copies of the official plat maps for the subject 43 property and su rrounding areap ). un less othe rwi se pe rm itt ed b y thi s ordinance. 44 Su rrounding area is defined as all parcels of la nd within th e same zoning district 45 within 500 feet of the exterior boundaries of th e s ubj ect property. including those tha t 46 are diagon a l to the property and separated by a roadway. excluding SW 67th Avenue. 2 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4 3 44 45 46 47 SW 56'" Street, and SW 72 "' Street , and which shall include a ll o f the applicant's proposed building sites . to be created . (2) The lot frontag e of the proposed building sitels), lots or parcel s of land, is not !J&.le ss than the £t>tef£li!e medi an of the lot front a ge of lots within the sam e zoning di strict and which are within 500 feet of the e x terior boundaries of the s ubject pro perty. including those that are diagona l to the property and se parated by a road w a y. ex cluding SW 67 th Avenue. SW 56 th Street. and SW 72 11d Street. and which shall include a ll o f the applicant's proposed building sites. to be crea ted. (3) The proposed building s ite(s), )ot(s) or parcels of land doe s not re s ult in e x isting stru ctures becoming nonconforming a s they relate to setbacks and other applicabl e regulation s of the City'S Land Develo pment Code. (4) The proposed build in g sitels ), lotl s) or parcels of land , is free of encroachments fro m abutting bui lding sit es. (5) J;neeBt iefla l sr tt fll::!sl::!a l eirel::!Rl:staflees eJiist. that are site sBee iAe sl::!eh as ttAttsttal site eeflHgttretiefl e'f BaRiali,' Blatteel lets . BF are eeele sBee iHe stt eh as efseeRies ha\'iflg ~WB (2) SF mere :len ing anEJler land ttse desigAat ieAs. mtt ltie le faeiAgs er thr8tt2h I3leel( sites. whieh \Vel:l lEl waFfant tJ:\e seBarat isA sr estal3lisJ:\ment sfa I3ttilEling site(s). lal(s) a, Ba,eel ar laRd , (6 )(5) No re strictive co venant s. encroachment s. easement s. or the like exist that would prevent the separation of the building site(s). lot(s) or parceJ(s) of land, (7) The BF8e8seEl13l:1ilEliRg site(s), lel(s) er Bareels e f laREI. maintains BREI BreseFo 'eS eBeA sBaee as Festtireel 13)' tJ:\e aealieab le zeniAg elistriet. eF BrBmBtes neighbeFhssei esmeatil3ilit),. Sf BfesePfes J:\isterie eharaeter. BAEI enJ:\Bnees \'isHa l attFaeth 'efless sf tJ:\e area . (~) The bu il ding sitels), lotl s) or pa rcells) of land that would be crea ted are di vid ed in such a mann er th at the y are in co mpli ance w ith the regul ati o ns of the Ci ty'S Land De vel op ment Co de. exc e pt th at the City Com missio n may approve buildin g sites th at con fo rm to th ose th at ac t ua ll y ex ist on the sa me blo ck face as th e su bjec t prope rt y. if express ly pe rm itt ed as pa rt o r t he wa ive r-or-p lat. tent ative o r fi na l plat. __ -Formatted: Font color: Auto , Highlight (-9-) 7) If he sca le of an y propo sed ne w construction is co mp atib le with the-as-built -~ ~ r:F':'o;;;rm;;;';;'.tt;;;.;;d;;:';'H';;;9;;;h':'li9;;;h;;;t ;';";';;;;;':';';::::';;::;;;""'~ character o f the surrounding ar ea. and doe s not crea te adve rse impa cts on th e s urrounding ar ea: but if so. pro v id e sa ti s fa ctor y commitm ent s as to ho w th e ad verse impact s w ill be mitigated. Te eletermine wJ:\etJ:\er tJ:\is eriterieR is sBtisHeEL the Beelieant shall sttl3m it a eeReeBtHa l site Blan. anel massing anel seBle stlielies . reHeat ing stFt:latures aRei Hses tl=lat weu lell3e eefffiitlea Hnder the Lanei De\'e lsemeRt CeEle as a resu lt e fthe ereB8seei sp litting sf the eareel ef laRei. e\,eR if the a8slieaRt ereseAtiv has l1e seeeiAe BlaAs fef eSAstfHstien. shew ing aeffieatil3i lity with sl:lFr ettRaiRg efe8erties aAa immeeliate ReigJ:\l3erhoea . If the aesliaation is a88FeVea. the s8Rseetuai site BlaA shall RSt. in the seiR ieR ef the Plann ing Direetaf. sheRge 'r'I'itJ:\ettt {\ fe aBBfs'l'a l BufStl8 nHe-tftis seeliaR Pr ov id e a si te plan sho wing the foot pri nts of the pro posed new co nstruc t ion in re lati on to setbacks. ya rd re qu ireme nts and ea se ment s. o n the pro posed s ubd iv ided l o t s~ ________________________ -.. __ -Formatted : Font cot or : Gray -85%, .~H~;9~h~l i 9~h~t ____________________ ~ Formatted: Highl ight In granting a di vis ion of land/lot split. bas ed upo n the appli cati o n's sati sfaction of and con sistency with the crit eria above. the Planning Department and Planning Board may recommend . and the City Commission ma y pre sc ribe appropriate cond it ions and safeguard s "h II ' r ., d I ' f b b '1 Formatted: Highlight restnctmg .t e !jY.e.fWL§;I gesguare 100tage~~r~e_n ~a~l ~n ~~ _ o~~t~o_n_ ~ _n~~v _S!ru ~t~~e~ ~o ~ _ UI t o n _~ .: ~ r:,,:;,;,,:;,;,:.:..:'-:-:F,::,;;,,,,.------------: Formatted : Highlight 3 1 the res ulti ng lots. a nd BFeseR 'atieR e fTor ~~i ~tlng_sing l e famil y homes tha~ qu!!.IifX for _de~ignati0!1 _~ _ ~ Formatted : Highlight 2 und er the criter ia fo r hi storic preservati on in the La nd Development iCo d ~. ~ re fe rra l to the _~ ~ -Formatted : Highl ight 3 H istori c Preservation Boa rd for consideration. 4 5 (Cl C re atio n of Auth ori zed Building Sites. 6 (I) No building permit for the cons truction of any structure with in th e city shall be issued until 7 a n a uthori zed building s it e has bee n c reated which meets at least o ne (I) of th e fo ll owin g criteria: 8 (a) Is part ofa reco rded su bdivi s io n p lat or has received waiver -oF-p lat approva L:. ________ ~ lc.:F-=o"rm=att::e:.:d:.::.:.:H";g,,h:::'ig"'h.:.:' ______ ---' 9 (b) Is part of an officially approved planned unit development w hich: 10 i. Prov ides for a ll utility and drain a ge easements. alleys. streets an d ot her public 11 improveme nt s ne cessa ry to meet th e normal requirement s for platting. and 12 ii. Includes the designation of build ing areas a nd easements. a lle ys and streets 13 req uired a nd properly dedicated. and nece ssary public improvements: o r 14 (c) Fronts upon a dedicated public street and was separatel y owned prior to the effective 15 date of thi s Code or annexat io n to the city: 16 (2 ) Where ver th ere exists a si ngle-famil y dwe llin g unit. which was co nstru cted o n a building s it e 17 cont ai nin g two (2) o r more platted lots. the nonconfonning lot of record prov isions in thi s Code 18 sh a ll apply. 19 (3) Establi shed building si te s sha ll not be reduced in any manner to a size wh ich is less than that 20 required for the zo ning di strict in which located. or actuall y exis t ing on the sa me b lock face as 2 J th e subject propert y. iF exp ress ly permitted by the C it y Commi ssion as part of the waiver-of-plat. 22 t en tat ive or fi na l plat. __________________________________________________ ~ _ -1 Fonnatted: Highlight 23 L-____ ~~ __________ -J 24 Section 2 . Codification. The prov isio ns of thi s ordinance sha ll become and be mad e 25 part of the La nd Deve lo pment Code of the Ci ty of So uth Miami as a mended; that the secti o ns o f 26 thi s ordin ance may be renumbered or re -I ette red to accompli sh suc h intention; and that the word 27 "ordinance" may be changed to Hsec ti on" or other appropriate wo rd . 28 29 Section 3. Severability. If a ny sec ti on, clause, se nten ce, or phrase of this ordinance is 30 for a ny rea so n held in va lid or unconstitutional by a co urt of competent jurisd iction, thi s ho lding 3 1 s hall not affect th e va li dity of t he remain ing portions of thi s ordinance. 32 33 Section 4 . Ordinances in Conflict. A ll ordi nance s o r part s of ordinances and a ll 34 section s and part s of secti o ns o f ordi nances in direc t confli ct herew ith a re he re by repealed , 35 36 Section 5. Effectiv e Date . This ordin a nce sha ll become effec ti ve upon enactment. 37 38 39 40 4 1 42 43 44 45 4 6 47 PASS ED AND ENACTED thi s ___ day of ,2 016 . ATTEST: APPROVED: C ITY CLERK MA YOR 1st Reading 2nd Readin g 4 I 2 3 4 5 6 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF: COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: 7 Commissioner Liebman: 8 Commissioner Welsh: 9 CITY ATTORNEY 10 5