BIE - Alton Beach Bayfront Overlay District - LDR Amendments (5/23/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: June 25, 2025
SUBJECT: BUSINESS IMPACT ESTIMATE
ALTON BEACH BAYFRONT OVERLAY DISTRICT – LDR AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH,
BY AMENDING CHAPTER 7, “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II,
“DISTRICT REGULATIONS,” SECTION 7.2.6, “RM-3 RESIDENTIAL MULTIFAMILY, HIGH
INTENSITY,” SUBSECTION 7.2.6.3, “DEVELOPMENT REGULATIONS (RM-3),” TO
REFERENCE MODIFIED DEVELOPMENT REGULATIONS FOR THE ALTON BEACH
BAYFRONT OVERLAY, FURTHER AMENDING ARTICLE III, “OVERLAY DISTRICTS,” BY
CREATING SECTION 7.3.12, ENTITLED “ALTON BEACH BAYFRONT OVERLAY
DISTRICT,” TO CREATE DEVELOPMENT REGULATIONS THAT INCENTIVIZE NON-
TRANSIENT RESIDENTIAL DEVELOPMENT ON LOT 3, BLOCK 80 OF BAY GARDEN
MANOR CONDO, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 6,
PAGE 12 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
Is a Business Impact Estimate Required?
X Yes ☐ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐ The proposed Ordinance is required for compliance with Federal or State law or
regulation; ☐ The proposed Ordinance relates to the issuance or refinancing of debt; ☐ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget; ☐ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City; ☐ The proposed Ordinance is an emergency ordinance; ☐ The Ordinance relates to procurement; or ☐ The proposed Ordinance is enacted to implement the following:
a. Private applications for comprehensive plan amendments and land
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Business Impact Estimate
Page 2
development regulation amendments;
b. Development orders, development permits, and development agreements;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
A summary of the proposed ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the ordinance, as well as in the recitals
to the ordinance itself, provided at First Reading and attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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Ordinances - R5 AF
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:April 23, 2025 5:02 p.m. First Reading Public Hearing**
TITLE:ALTON BEACH BAYFRONT OVERLAY DISTRICT – LDR AMENDMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 7, “ZONING DISTRICTS AND
REGULATIONS,” ARTICLE II, “DISTRICT REGULATIONS,” SECTION 7.2.6, “RM-
3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,” SUBSECTION 7.2.6.3,
“DEVELOPMENT REGULATIONS (RM-3),” TO REFERENCE MODIFIED
DEVELOPMENT REGULATIONS FOR THE ALTON BEACH BAYFRONT
OVERLAY, FURTHER AMENDING ARTICLE III, “OVERLAY DISTRICTS,” BY
CREATING SECTION 7.3.12, ENTITLED “ALTON BEACH BAYFRONT OVERLAY
DISTRICT,” TO CREATE DEVELOPMENT REGULATIONS THAT INCENTIVIZE
NON-TRANSIENT RESIDENTIAL DEVELOPMENT ON LOT 3, BLOCK 80 OF
BAY GARDEN MANOR CONDO, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 6, PAGE 12 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) open
and continue First Reading of the subject ordinance to May 21, 2025.
The Administration does not recommend that the proposed LDR amendment be approved at First
Reading at this time. The reason is that the proposed development agreement has not been
properly vetted and may not be commensurate with the extent of development regulation
incentives proposed, including the modifications suggested herein. As such, the Administration
recommends that the proposed LDR amendment be opened and continued to May 21, 2025.
BACKGROUND/HISTORY
The subject application was submitted on August 11, 2024, by West Ave Owner LLC with respect
to the property located at 1250 West Avenue. This is a private application filed pursuant to
Sections 2.4.1 and 7.1.10 of the Resiliency Code. The application proposes to create the Alton
Beach Bayfront Overlay within the City’s Future Land Use Map, the text of the City’s 2040
Comprehensive Plan, and the City’s Resiliency Code.
ANALYSIS
Planning Board and City Commission Review Requirements
The application submitted herein is in accordance with Section 7.1.10.2(a) of the Land
Development Regulations of the City Code (LDRs), which requires the following 3-step process,
prior to the review by the City Commission:
a. Step One – Planning Board Preliminary Review.
The Planning Board, at a duly noticed public hearing, shall perform an initial review of the
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proposed ordinance. Notice of the Planning Board preliminary review hearing shall be
given in accordance with the applicable provisions in Chapter 2, Article IV of the Land
Development Regulations. If the proposed ordinance involves less than ten (10)
contiguous acres, the notice requirements for the preliminary Planning Board review shall
also include a minimum 30-day mail notice for all properties within 375 feet of the
properties subject to the proposed floor area or FAR increase, and a 30-day published
notice.
Prior to the Planning Board’s preliminary review stage, the Administration, either internally
or with the assistance of an outside consultant, will perform an impact analysis of the
proposed FAR increase; and such impact analysis shall include, but not be limited to, the
following:
1. Calculation of the actual square footage increase for affected properties such as,
for example, the maximum allowable square footage for residential, office, retail,
hotel or other uses resulting from the FAR increase.
2. An infrastructure analysis regarding potential impacts on traffic/mobility, parking,
water, sewer, resiliency, parks and open space, as well as any other area of
concern identified by the City Commission or the Administration.
3. Massing studies, which illustrate the volume and location of the area associated
with the proposed increase in FAR.
For private applications, the applicant shall be required to provide all data and exhibits
related to the above noted impact analysis as part of the application submission. The
findings of this impact analysis shall be presented to the Planning Board at the preliminary
review stage.
b. Step Two – Community Outreach Meeting:
Subsequent to the Planning Board’s preliminary review meeting, the City shall facilitate a
public meeting for all affected stakeholders, in order to solicit additional input and
feedback, as well as for City staff to address any outstanding issues or questions. A
reasonable effort shall be made to ensure that such public meeting is held no later than
45 days from the date of the preliminary review by the Planning Board. Courtesy notice of
the meeting shall be given by the applicable City department, in coordination with the
Planning Department, in a manner consistent with the City’s courtesy notices for other
community meetings, workshops, or presentations.
c. Step Three – Planning Board Transmittal:
At a second duly noticed public hearing, which is separate and apart from the preliminary
review hearing, the Planning Board shall consider and transmit the proposed ordinance to
the City Commission with a recommendation. Notice of this transmittal hearing shall be
given in accordance with the applicable provisions in Chapter 2, Article IV of the Land
Development Regulations.
After transmittal by the Planning Board to the City Commission a similar 3-step review process is
required, as follows:
a. Step One – First Reading Public Hearing:
After transmittal of the ordinance by the Planning Board, the City Commission shall hold
a first reading public hearing. Notice of the first reading shall be given in accordance with
the applicable provisions in Chapter 2, Article IV of the Land Development Regulations. If
the proposed ordinance involves less than ten (10) contiguous acres, the notice
requirements for first reading shall also include a minimum 30-day mail notice for all
properties within 375 feet of the properties subject to the proposed floor area or FAR
increase, and a 30-day published notice.
b. Step Two – Community Workshop:
Subsequent to the approval of the ordinance at first reading, and prior to second reading,
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at least one additional community workshop, which is separate and apart from the first
reading public hearing, shall be held. This additional community workshop shall be
considered a courtesy meeting, and open to participation by all affected stakeholders,
including residents, property owners, or businesses in the surrounding area that may be
affected by the proposed floor area or FAR increase, as determined by the City
Commission. Such community workshops may be held in a virtual, in-person or hybrid
formats, at the discretion of the City Commission, and shall be noticed in a manner to be
determined by the City Commission.
c. Step Three – Second Reading / Adoption Public Hearing:
After the community workshop described above, the City Commission shall hold a second
reading public hearing to consider final adoption of the proposed ordinance. Notice of the
second reading shall be given in accordance with the applicable provisions in Chapter 2,
Article IV of the Land Development Regulations.
Proposal
The applicant is proposing to create a new overlay, entitled the Alton Beach Bayfront Overlay, as
well as amend the RM-3 development regulations specific to properties in the overlay. The
proposed amendments to the comprehensive plan and the LDRs would enable the construction
of a luxury housing development, including an accessory restaurant, located at 1250 West
Avenue.
The attached ordinance includes a proposed increase in maximum FAR from 2.75 up to 5.75, as
well as a building height increase from 150 feet to 330 feet. The applicant is also proposing to
modify requirements pertaining to minimum setbacks, allowable encroachments into required
yards and the review provisions for mechanical parking systems.
The following is a summary of the proposed modifications to the FAR, building height and setback
requirements, as compared to the current regulations:
Current Maximum Proposed Difference
FAR: 2.75 (230,194 SF) 5.75 (481,315 SF) +3.0 / +251,121 SF)
Note: each 1.0 increase in FAR results in an addition of 83,707 SF to the site.
Height: 150 Feet 330 feet +180 feet
Front Setback
Pedestal: 20 feet 20 feet None
Tower: 50 feet 50 feet None
Side Setback
Pedestal: 16 feet 16 feet 0 to -8 feet
Side Sum: 32 feet 42 feet +10 feet to – 6 feet
Tower: 50 feet 26 feet -24 feet (each side)
Allowable Projections: 6 feet 10 feet -4 feet
Rear Setback
Pedestal: 42 feet 42 feet None
Tower: 63 feet 63 feet None
The following is a summary of the proposed FAR and height bonuses:
FAR bonus of .25 for not exceeding a density of 75 apartments per acre.
FAR bonus of .25 for executing a covenant prohibiting short term rentals in perpetuity.
FAR bonus of .50 for the design and construction of a bay walk extensions at adjacent
properties on West Avenue.
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FAR bonus of 2.0 for acquiring an existing property on the east side of West Avenue that
has a transient use and conveyance of the property to the city.
A building height bonus of 180 feet above the current maximum height of 150 feet for a
project that implements all the above bonuses, allowing for a maximum height of 330 feet.
In accordance with the requirements noted above for FAR increases, the applicant has included
the following with the application submission:
Calculation of the actual square footage increase resulting from the FAR increase
The draft ordinance includes an FAR bonus of up to 251,121 square feet. The current maximum
permitted square footage for the subject property is 230,194 square feet (2.75 FAR) and a total
maximum square footage of 481,315 square feet (5.75 FAR) is proposed.
Infrastructure analysis regarding potential impacts on traffic/mobility, parking, water, sewer,
resiliency, parks and open space
The applicant submitted the attached utility analysis prepared by Hazen and Sawyer, and the
attached utility report, prepared by Thomas Engineering Group, both of which address water,
sewer, and fire flow requirements. Additionally, the attached planning and traffic report for the
proposed development was prepared by the Curtis Group, and addresses traffic and mobility
impacts. As it pertains to parks and open space, if there is a net addition of residential units to the
site, in relation to the residential units in the existing building, a small deficiency in certain
recreation facilities may result. This would require the payment of concurrency mitigation fees at
the time of building permit.
Massing studies illustrating the volume and location of the area associated with the proposed
FAR increase
The attached plans and perspective renderings, which were provided to the Planning Board,
illustrate the volume and location of the area associated with the proposed FAR increase. The
following is noted based upon the attached plans and drawings:
The current maximum FAR for the site (2.75 / 230,194 SF) is contained roughly within the
first 13 floors of the proposed new building (approximately 158 feet), including 52 apartment
units and 180 restaurant seats.
The increased FAR provides for up to 251,121 of additional square feet of floor area.
The increased maximum height provides up to 180 feet of additional building height.
The average unit size proposed is 3,250 square feet.
Economic Analysis
Although not technically required, the applicant has also provided the attached Economic Impact
Analysis, prepared by the Washington Economics Group.
The proposed LDR amendment has been modified since the Planning Board transmitted the
proposal, and the applicant has reduced the maximum proposed FAR to 5.75 and reduced the
maximum proposed building height to 330 feet. Notwithstanding, the proposal still far exceeds the
maximum FAR established in the Comprehensive Plan for the RM-3 district, and is still out of
scale with the existing buildings in the immediate area, including structures that are non-
conforming with today’s maximum requirements for height and FAR.
For example, the nearby Waverly condominium at 1330 West Avenue is cited as an example of
a non-conforming building that the proposed regulations will be ‘compatible’ with. For
informational purposes, the following is a comparison of the proposal with the permitted plans for
the Waverly:
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1330 West Ave 1250 West Ave Difference
Lot Area: 130,234 SF (3 acres) 83,707 SF (1.9 acres) -47,145 SF / -1.1 acres
Max Height: 279’ to 335’ 330’ -5’ to +51’
FAR: 546,528 SF (4.2) 481,315 (5.75) +1.55 FAR / -65,213 SF
Lot Width: 200’ 200’ None
Tower Interior
Side Setbacks: >50 feet 26 feet -24 feet
Tower Frontage
Maximum Width: 90 feet 148 feet +88 feet
Comprehensive Plan Amendment and Review Process
The proposal requires an amendment to the Comprehensive Plan for the proposed changes to
the maximum intensity requirements for the property. A separate, companion ordinance is
proposed for the required comprehensive plan amendments.
PLANNING BOARD REVIEW
On October 29, 2024, the Planning Board reviewed the proposed ordinance and continued it to
the January 7, 2025, Planning Board meeting. On December 19, 2024, a public workshop was
held after the first review of the Planning Board and additional input received from the participants.
On January 7, 2025, the application was continued to a date certain of February 4, 2025, at the
request of the applicant, with no substantive discussion by the Planning Board. On February 4,
2025, the application was continued to a date certain of March 4, 2025, at the request of the
applicant, with no substantive discussion by the Planning Board.
On March 4, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with an unfavorable recommendation (4-3).
SUMMARY
As indicated herein, Planning Department staff have expressed concerns with the proposed
amendments pertaining to increases in FAR and building height, as well as the proposed
modifications to minimum setbacks. In this regard, careful consideration must be given to the
impacts of these proposed modifications to the LDRs, particularly as to how they may impact the
established scale, character and context of the West Avenue corridor.
While certain bonuses proposed by the applicant may be appropriate, collectively they still result
in an over scaled project that is hostile to its surroundings. Any development bonuses should be
commensurate with the actual public benefits that have been proffered separately and should not
result in a project that creates an imbalance with the surrounding context in terms of scale, mass
and building height.
The Administration is not opposed to sensible bonuses that result in enhanced urban design and
are tied to a legitimate public purpose. To address this, should the proposal move forward, the
following modifications to the LDR ordinance are recommended:
1. The existing setback requirements should remain, with no modifications. The proposed
setback modifications would result in the width of the proposed tower increasing from a
maximum of 100 feet in width to 148 feet in width. Additionally, the pedestal portion of the
building, at all levels, should fully comply with the minimum side setbacks of 16 feet.
2. The proposed FAR bonuses, collectively, should not exceed 2.0 and the aggregate
increase in FAR should not exceed 4.75.
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3. The proposed height bonus should be limited to 150 feet and the maximum allowable
height should not exceed 300 feet.
Finally, the proposed amendments to the LDRs and the Comprehensive Plan are tethered to a
separate development agreement, which is anticipated to be considered by the Land Use and
Sustainability Committee (LUSC) on April 15, 2025. The earliest this development agreement can
be considered by the City Commission is on May 21, 2025. For all three of these components to
be considered for adoption together, the applicant has requested that the City Commission waive
the annual zoning cycle restriction for the subject amendment, pursuant to Section 2.3.2 of the
LDRs. If the City Commission were to approve the proposed development agreement on May 21,
2025, the applicant would be requesting that Second Reading for the LDR amendment be set for
June 25, 2025.
The Administration does not recommend that the proposed LDR and Comprehensive Plan
amendments be approved at First Reading at this time. The reason is that the proposed
development agreement has not been properly vetted and may not be commensurate with the
extent of development regulation incentives proposed, including the modifications suggested
herein. As such, the Administration recommends that the proposed LDR amendment be opened
and continued to May 21, 2025.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? No
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends the following:
1. The City Commission open and continue First Reading of the subject ordinance to May 21,
2025.
2. Pursuant to Section 2.3.2 of the LDRs, the City Commission consider a waiver of the annual
zoning cycle restriction for the subject amendment in order for Second Reading of the
ordinance to occur prior to October 29, 2025.
3. The ordinance shall be revised for the May 21, 2025 City Commission meeting with the
following amendments noted in bold:
Sec. 7.3.12 – Development Regulations for Alton Beach Bayfront Overlay
* * *
b. Development Regulations - Underlying RM-3 Zoning
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Notwithstanding the development regulations contained in Section 7.2.6, the following
regulations shall govern proposed development within the boundaries of this overlay district
with underlying RM-3 zoning, and in the event of any conflict between the overlay regulations
and the requirements of the Resiliency Code, these regulations shall control:
1. Main Permitted Uses: Only residential uses and associated accessory uses permitted
by the underlying RM-3 regulations shall be permitted within the portion of the overlay
with underlying RM-3 zoning. Outdoor seating in connection with any restaurant use
that is open to the public is prohibited.
2. Floor Area Bonuses: As a voluntary development incentive, subject to the property
owner’s strict compliance with conditions of this subsection, a project within the overlay
shall be eligible for the following floor area bonuses, not to exceed a cumulative bonus
FAR of 2.0 3.0:
i. The base floor area ratio in the Alton Beach Bayfront Overlay shall be 2.75.
ii. New construction limiting density to a maximum of 75 units per acre shall be
eligible for a floor area ratio bonus of 0.25; and
iii. A property owner who elects, at the owner’s sole discretion, to voluntarily
execute a restrictive covenant running with the land, in a form approved by the
city attorney, affirming that, in perpetuity, that no residential unit on the property
shall be leased or rented for a period of less than six months and one day, shall
receive a floor area bonus of 0.25. The covenant shall expressly provide that an
affirmative vote of six-sevenths of all members of the City Commission shall be
required in order to release the covenant or to modify the covenant in such a
manner as to impose a less stringent restriction after it is executed; and
iv. A property owner who enters into a development agreement for capital
improvements along the West Avenue corridor, defined as the area bounded by
5th street on the south, 17th Street on the north, Alton Court on the east, and
Biscayne Bay on the west, and other public benefits that could be applied on a
City-wide basis, shall receive a floor area ratio bonus not to exceed 1.5 2.5,
based on the following improvements or public benefits:
1. Acquisition of property containing a transient use within the West Avenue
corridor and conveyance of the property to the City: up to 1.0 2.0.
2. Design, permit, and construct the portions of the Bay Walk located at 800
West Avenue 1228 West Avenue, and 1450 Lincoln Road, or, in the event
the requisite easements from upland owners cannot be obtained, contribute
funds to the City for construction of the Bay Walk or any other lawful public
purpose: up to 0.50.
v. The total FAR for an eligible site, including base FAR and cumulative bonus FAR,
shall not exceed 4.75 5.75.
3. Building Height Bonus: As a voluntary development incentive, subject to the property
owner’s strict compliance with conditions of this subsection, a project that implements
all of the floor area bonuses provided in subsections 2.(i)-(v) above shall receive a
height bonus of up to 150 180 feet. The maximum building height for an eligible site,
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including bonus height, shall not exceed 300 330 feet.
4. Setbacks:
a. Front Setback:
i. Subterranean and Pedestal: 20 feet
ii. Tower: 50 feet
b. Side Interior Setback
i. Subterranean: 16 feet
ii. Pedestal:
1. North Side:
a.Ground Floor: 16 feet
b.Second Floor: 19 feet
2. South Side:
a.Ground Floor: 26 feet
iii. Tower: 26 feet
iv. Sum of Side Yards: 42 feet
c. Rear Setback:
i. Pedestal: 42 feet
ii.Tower: 63 feet
Applicable Area
South Beach
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Private Applicant
Co-sponsor(s)
Condensed Title
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5:02 p.m. 1st Rdg PH, Alton Beach Bayfront Overlay District-LDR Amendments. (Private
Applicant) PL 5/7
Previous Action (For City Clerk Use Only)
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