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Ord 64-06 (" /~ ORDINANCE NO. 64-06 AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4(H) (6), "SPECIAL SETBACKS", SUBSECTION 4.3.4(H)(6)(A), "SPECIAL BUILDING SETBACKS", TO ELIMINATE THE 64' BUILDING SETBACK FROM SWINTON AVENUE EAST TO NE 6TI1 AVENUE FOR LAKE IDA ROAD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on October 16, 2006 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4(H)(6), "Special Setbacks", Subsection 4.3.4(H)(6)(a), "Special Building Setbacks", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (" /~ (6) Special Setbacks: Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. (a) Special Building Setbacks: within the following special building setbacks, no structures shall be altered, erected, or reconstructed: Along Ocean Boulevard (State Road AlA), a twenty foot (20) setback shall be provided from the "Brockway Line," as shown in Plat Book 20, Page 4, Public Records of Palm Beach County, Florida. The "Brockway Line" shall be the "building line" for Lots 1 thru 7 inclusive, Block 1, Ocean Park, as shown in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida. Within the residential district along the west side of S.W. 8th Avenue between West Atlantic Avenue and S.W. 1st Street, a fifty foot (50') setback shall be provided from the east property line. Along the t::Ombiaatioa of N.E. 4th Street aaB Lake Ida Road, extending from Swinton Avenue N.E. 6th }f;'effile westward to Military Trail, a sixty four foot (64') setback shall be provided on both sides of the centerline. Along George Bush Boulevard, between Swinton Avenue and AlA, a fifty foot (50') setback shall be provided on both sides of the centerline. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 64-06 (" , /,\ Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. r'\ ~ PASSED AND ADOPTED in regular session on second and final reading on this the L day of ~ ,200.lL. 8~lb OR "- ATTEST ~~~~~ City Clerk FirstReading \~Ov Second Reading \\ ~ 'O\\> 3 ORD NO. 64-06 MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1YMANAGERcM AGENDA ITEM # ~ REGULAR MEETING OF NOVEMBER 2~ 2006 ORDINANCE NO. 64-06 (AMENDING LDR SECTION 4.3.4(H)(6)(a) TO: SUBJECT: DATE: NOVEMBER 17, 2006 This ordinance is before Commission for second reading for a privately initiated amendment to amend Land Development Regulations (LDR) Section 4.3.4(H)(6)(a) to eliminate the requirement for a building setback of 64 feet along N.E. 4th Street/Lake Ida Road between Swinton Avenue and N.E. 6th Avenue. At the first reading on November 7, 2006, the Commission passed Ordinance No. 64-06. Recommend approval of Ordinance No. 64-06 on second and final reading. S:\City Oerk\AGENDA COVER MEMOS\Oniinance Agenda Mcmos\Oni 6+06 Amend LOR Sec.4.3.4H.6.a Setbacks 2nd reading 11.21.06.doc tMtl TO: DAVID T. HARDEN, CITY MANAGER THRU: P~L G, ICP, DIRECTOR OF PLANNING AND ZONING FROM: MARK MCDONN ,AICP, ASSISTANT PLANNING DIRECTOR 1H~7.A. SUBJECT: MEETING OF NOVEMBER 7,2006 PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LOR) SECTION 4.3.4(H)(6)(a) TO ELIMINATE THE REQUIREMENT FOR A BUILDING SETBACK OF 64 FEET ALONG NE 4TH STREET/LAKE IDA ROAD BETWEEN SWINTON AVENUE AND NE 6TH AVENUE. The amendment involves a privately initiated text amendment to LDR Section 4.3.4(H)(6)(a) to eliminate a Special Building Setback requirement of 64' for Lake Ida Road between Swinton Avenue and NE 6th Avenue. Currently, development along both the north and south sides of NE 4th Street/Lake Ida Road is required to maintain a minimum building setback of 64 feet from the centerline, beginning at NE 6th Avenue (NIB Federal Hwy) and extendin~ west to Military Trail. The privately initiated amendment would remove the section from NE 6t Avenue (NIB Federal Hwy) to Swinton Avenue from this requirement. At its meeting of October 16, 2006, the Planning and Zoning Board held a public hearing in conjunction with the text amendment. The Board voted 4-0 (Gary Eliopoulos and Joseph Pike recused themselves; Paul Zacks was absent) without conditions to recommend approval of the text amendment request to eliminate the special building setback requirement of 64' for Lake Ida Road between NE 6th Avenue (NIB Federal Hwy) and Swinton Avenue, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). By motion, move to approve on first reading the amendment to Land Development Regulations Section 4.3.4(H)(6)(a), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments . Proposed Ordinance . Planning & Zoning Staff Report of October 16, 2006 /2.t ORDINANCE NO. 64-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4(H)(6), "SPECIAL SETBACKS", SUBSECTION 4.3.4(H)(6)(A), "SPECIAL BUILDING SETBACKS", TO ELIMINATE THE 64' BUILDING SETBACK FROM SWINTON AVENUE EAST TO NE 6TH AVENUE FOR LAKE IDA ROAD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on October 16, 2006 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.317 4( 4)( c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4(H)(6), "Special Setbacks", Subsection 4.3.4(H)(6)(a), "Special Building Setbacks", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (6) Special Setbacks: Three types of special setbacks are established in order to provide for preservation of area for expansion of roadways and/or streetscape beautification. These are: special building setbacks, special landscape setbacks, and a combination thereof. (a) Special BuUdin!! Setbacks: within the following special building setbacks, no structures shall be altered, erected, or reconstructed: Along Ocean Boulevard (State Road AlA), a twenty foot (20) setback shall be provided from the "Brockway Line," as shown in Plat Book 20, Page 4, Public Records of Palm Beach County, Florida. The "Brockway Line" shall be the "building line" for Lots 1 thru 7 inclusive, Block 1, Ocean Park, as shown in Plat Book 5, Page 15, Public Records of Palm Beach County, Florida. Within the residential district along the west side of S.W. 8th Avenue between West Atlantic Avenue and S.W. 1st Street, a fifty foot (50') setback shall be provided from the east property line. Along the combination ofN.E. 4th Street and Lake Ida Road, extending from Swinton Avenue N.E. 6th }..venue westward to Military Trail, a sixty four foot (64') setback shall be provided on both sides of the centerline. Along George Bush Boulevard, between Swinton A venue and AlA, a fifty foot (50') setback shall be provided on both sides of the centerline. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 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 MEETING DATE: OCTOBER 16, 2006 IV.C. AGENDA NO.: AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LOR) SECTION 4.3.4(H)(6)(a) TO ELIMINATE THE REQUIREMENT FOR A BUILDING SETBACK OF 64 FEET ALONG NE 4TH STREET/LAKE IDA ROAD BETWEEN SWINTON AVENUE AND NE 6TH AVENUE. The item before the Board is that of making a recommendation to the City Commission for a privately initiated text amendment to LDR Section 4.3.4(H)(6)(a) to eliminate a Special Building Setback requirement of 64' for Lake Ida Road between Swinton Avenue and NE 6th Avenue. Currently, development along both the north and south sides of NE 4th Street/Lake Ida Road is required to maintain a minimum building setback of 64 feet from the centerline, beginning at NE 6th Avenue (NIB Federal Hwy) and extending west to Military Trail. The proposed privately initiated amendment removes the section from NE 6th Avenue (NIB Federal Hwy) to Swinton Avenue from this requirement. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration, or an individual. The following summarizes the justification provided by the applicant: A sixty four foot (64') setback is not practical east of Swinton Avenue due to the fact that there are no intentions of expanding N.E. 4th Street east of Swinton Avenue. Even if expansion to 4 lanes is proposed and/or required for traffic concurrency, it can be accomplished under the current 80' ultimate right-of-way requirement. If expansion greater than 80 feet was to occur, there would be significant impacts on private properties and existing buildings. Purpose and intent of the reQulation This regulation was created with Ordinance No. 21-72 which pertained to setbacks along specific portions of several identified roadways in Delray Beach. Subsection (7)(bb) of this ordinance reads as follows: "The setback distance for the construction and erection of buildings and improvements from the center line of said Northwest 4th Street, as hereinabove located and established, beginning at Swinton A venue and running west to the City limits, is hereby fixed at a distance of sixty-five (65) feet north and south thereof, respectively." Planning and Zoning Board Staff Report, October 16, 2006 LDR Text Amendment - Special Building Setback along 4th Street/Lake Ida Road Given the above, it would appear that the current setback was mistakenly noted as 64 feet and extended this regulation east to NE 6th Avenue (NIB Federal Hwy.) Subsection (7)(g)(aa) of the ordinance further identified an eighty (80) foot ultimate right-of-way for N.E. Fourth Street, between Swinton Avenue and N.E. Sixth Avenue. The purpose of the regulation (64' setback) was to assure that if additional future widening of Lake Ida Road was necessary that new buildings would not be negatively impacted. However, it did not apply to portions of Lake Ida Road east of Swinton Avenue, and such a widening from Swinton Avenue eastward to NE 6th AvenuelFederal Highway would create significant nonconformities with the built conditions, eliminate development potential on some vacant parcels, and would require demolition of existing buildings. Existina Conditions East of Swinton Avenue N.E. 4th Street from Swinton Avenue east to N.E. 6th Avenue (NIB Federal Hwy) is identified as a County Collector in the City of Delray Beach Comprehensive Plan with an 80-foot wide right-of- way. The existing right-of-way measurements along N.E. 4th Street from Swinton Avenue east to N.E. 6th Avenue vary in width (50 to 65 feet). Most of the existing buildings are located outside of the proposed ultimate right-of-way of 80 feet. Some parking rows would be impacted, and small sections of a few buildings will be impacted if and when the ultimate 80' right-of-way is dedicated. If the current setback of 64 feet from the centerline (which translates to a 24-foot setback from the ultimate right-of-way line) were applied, a much more significant impact on existing structures would occur. Existina road section The current section of N.E. 4th Street from Swinton Avenue to N.E. 6th Avenue is comprised of two travel lanes with the center left turn lane. One exception is along the south side between N.E. 1st and N.E. 2nd Avenues, where a southbound right turn onto N.E. 2nd Avenue exists. The 3-lane section is located within 36 feet of pavement, while the section with the right turn lane measures approximately 48 feet. Expansion to a 4-lane section could occur within the ultimate 80' right-of-way. City of Delray Beach Comprehensive Plan Table T-1 (Street Network Classification and Improvements) identifies Lake Ida Road from Swinton Avenue to N.E. 6th Avenue as a Collector, with an ultimate right-of-way of 80 feet, and a number of ultimate thru lanes of 2. Further, the Comprehensive Plan states that the City will request modification of the MPO 2015 Feasibility Plan to remove the widening of Lake Ida Road to four lanes from Swinton Avenue to Federal Highway, as this section of roadway has physical right-of-way constraints (80' ultimate right-of-way which is not currently dedicated and the properties are located in the TCEA which are exempt from concurrency). Notwithstanding the above, recent traffic volume projections (year 2010) show a need for future widening of this portion of Lake Ida Road to meet traffic concurrency. However, as the 80' ultimate right-of-way width would accommodate either a two or four lane section, removal of this setback requirement at this time is supportable. Current Palm Beach County Plans NE 4th Street/Lake Ida Road is a County Road. The current MPO 2030 Long Range Transportation Plan identifies the section of NE 4th Street from Swinton Avenue east to NE 2nd Avenue ultimately requiring a 4-lane section with a reduction of roadway width to 2 lanes from 2 Planning and Zoning Board Staff Report, October 16,2006 LDR Text Amendment - Special Building Setback along 4th Street/Lake Ida Road NE 2nd Avenue east to NE 6th Avenue/Federal Highway. This ultimate 4-lane section can be accommodated in the current 80' ultimate right-of-way width, and as further expansion beyond 4 lanes is neither contemplated nor anticipated in the future, a 64' setback for future right-of-way expansion is not warranted. Therefore, the elimination of this setback requirement for this portion of Lake Ida Road can be supported. Comprehensive Plan Policies: LOR Section 2.4.5(M)(5) (FindinQs): Pursuant to LOR Section 2.4.5(M}(5) (Findings), in addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The goals, objectives and policies of the Comprehensive Plan were reviewed and the following are noted: Transportation Element Policy A-3.1 states that the City will request appropriate modifications to MPO plans to implement the needs and recommendations identified in this Element. Transportation Element Objective A-4 states that ultimate rights-of-way shall be provided per the schedule contained in table T-1. Setback requirements for new construction along streets shown in Table T-1 shall be measured from the ultimate property line, thus, providing protection of these rights-of-way from building encroachment. The proposed amendment is supported and is consistent with the noted objective and policy. The Community Redevelopment Agency, on September 28, 2006, voted to recommend approval of the proposed amendment. The Historic Preservation Board, on October 4, 2006, voted to recommend approval of the proposed amendment. The Pineapple Grove Main Street Committee, on October 4, 2006, voted to recommend approval of the proposed amendment. Downtown Development Authority will be considering this amendment at its meeting of October 16, 2006, and the vote will be shared at the Planning and Zoning Board meeting once it is known. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Progressive Residents of Delray (PROD) · Del Ida HOA (Sarah Greeley) · President's Council · Neighborhood Advisory Council · Sea crest HOA 3 Planning and Zoning Board Staff Report, October 16, 2006 LDR Text Amendment - Special Building Setback along 4th Street/Lake Ida Road Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The original regulation was made to require a 65-foot setback for new buildings from the centerline of NE 4th Street/Lake Ida Road, from Swinton Avenue west to the City Boundary. During the same period, a separate amendment in a series of regulations required an eO-foot wide ultimate right-of-way from Swinton Avenue east to Federal Highway. When the current ordinance was amended, a mistake was made with the merging of both of these provisions (building setback and ultimate right-of-way) and applied both to the full section of NE 4th Street/Lake Ida Road from Federal Highway west to Military Trail. Also important to note is that the setback (incorrectly transferred from the original regulation from 65 feet down to 64 feet) was to provide a uniform setback and assure that future development allowed for roadway expansion if necessary. An additional 24-foot setback would essentially deem many of the fronting lots east of Swinton Avenue unbuildable andlor make existing buildings nonconforming. Finally, the City intends to maintain a character of new urbanism along this section of NE 4th Street, and the minimum 24-foot building setback currently required would be counter to this desire. A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendment to amend LDR Section 4.3.4(H)(6)(a) by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). C. Move a recommendation of denial to the City Commission for the text amendment to amend LDR Section 4.3.4(H)(6)(a), based on a failure to make positive findings, as the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5). Move a recommendation of approval to the City Commission for the text amendment to amend LDR Section 4.3.4(H)(6)(a) to eliminate the 64' building setback from Swinton Avenue east to NE 6th Avenue for Lake Ida Road, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: . Proposed LOR amendment 4 MEMORANDUM FROM: MAYOR AND CI1Y COMMISSIONERS CI1YMANAGER~ AGENDA ITEM # 10.'t - REGULAR MEETING OF NOVEMBER 21.2006 ORDINANCE NO. 62-06 (AMENDING SECTION 97.10) TO: SUBJECT: DATE: NOVEMBER 17, 2006 This ordinance is before Commission for second reading to amend Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinances by repealing it in its entirety. At the first reading on November 7, 2006, the Commission passed Ordinance No. 62-06. Recommend approval of Ordinance No. 62-06 on second and final reading. S:\City Gerk\AGENDA COVER MEMOS\Oniinance Agenda Memos\Oni 62-06 Amend See 97.10 Citrus Canker Control Procedures 2nd reading 11.21.06.doc ~C~ . La;,etJo- y ~&~v f 2'ltl ~~ ~of' .' ~".. ~ ' --_..,~..i '100 a....OUMCEMEJ(T. I I) I ] l'~,1I \oti('('~ CITY OF DELIlAY BEACH,FlORlIIA N01lCE OF P\lBU: HEARING A PUBLIC HEARING will be held on the following proposed ordinances at 7:00 p.m. on TUESDAY, NOVEMBER 21,2006.- or at any continuation of such meeting which is set by the Commission), in the City Commission Chambers, 100 N.W. 1st Aven.a. Del. ray Beach, Florida, al which time the City Commission wltl consider their adoption. The proposed ordinances may be inspected al the OUlce 01 the City Cleric a' City Hall. 100 N.W. 151 Avenue, Delrsy Beach. florida, be- t_n the hours 018:00 a.m. and 5:00 p.m., Monday Ihrough Friday, except holidays. All interested parties are in~ \#ited to attend and be heard with re- spectlO Ihe proposad ooli1ances. . ORDINANCE NO. &2-G6 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION 97.10, CITRUS CANKER CONTROL PROCEDURES' OF THE CODE OF ORDINANCES OF THE CITY OF OELRAY BEACH, FLORIDA; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. ORDINANCE NO._ AN ORDINANCE OF THE CITY COM. MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, 'OCCUPATIONAL LI- CENSES GENERALLY'. IN ORDER TO UPDATE THE ORDINANCE TO, RE-NAME 'OCCUPATlONAL lI.' CENSES', 'LOCAL BUSINESS TAX RECEIPTS', IN ACCORDANCE WITH RECENT STATE LAW CHANGES: PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. ORDINANCE fIQ. 64-46 ~N ORDINANCE. OF THE CITY COM. I ~~~~~.~T~J~I~~~~~~ ; LAND DEVELOPMENT REGULA. TION.S..OF. THE. CODE OF ORDI, NANCES;' BY' AMENDING SECTION 4.3.4(H){6), 'SPECIAL SETBACKS'. SUBSECTION . 4.3.4(H)(61(A), 'SPECIAL BUILOING SETBACKS'. TO ELIMINATE THE 64' BUILDING SETBACK FROM SWINTON AVE, NUE EAST TO N.E. 6TH AVENUE FOR LAKE IDA ROAD: PROVIDING A SAVING CLAUSE, A GENERAL RE. PEALER CLAUSE, AND AN EFFEC. TIVE DATE. ORDINANCE NO. 67.0& AN ORDINANCE OF THE CITY COM. MISSION OF THE CITY OF DELRAY BEACH. FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 99.04, 'LOUD AND UNNECESSARY NOISES AND ENUMERATED; EXEMPTIONS', SUBSECTION 99.04(AI(61, 'CONSTRUCTION"; TO CLARIFY THE TIMES THAT THIS SUBSEC. TlON APPLIES IN SINGLE FAMILY ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL RE. PEALER CLAUSE, AND AN EFFEC- TIVE DATE. Please be advised thai if a person de. cides to appeal any decision made by the eny Commission with respect to any miUer considered at these hear- ings. such person may need to ensure that . verbatim record Includes the testimony and evidence upon which the appeal is 10 be based. The ClIy does not provide nor prepare such """"'."""""",,IOF.S.2Il6.0t05. 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