Apr 06, 2022 Planning Board

[00:00:01]

IT LOOKS LIKE WE'RE READY.

GOOD MORNING. THANK YOU FOR JOINING US.

[1. Call to Order]

TODAY IS WEDNESDAY, APRIL 6, 2022.

IT IS APPROXIMATELY 9:12.

9:12 A.M.

AND THE MEETING IS NOW CALLED TO ORDER.

WE'LL BEGIN WITH THE PLEDGE OF ALLEGIANCE.

IF YOU CAN, PLEASE RISE WITH ME, PLEASE.

MAY BE SEATED.

WE'LL BEGIN WITH A ROLL CALL.

THANK YOU. I'D LIKE TO CALL A MOTION TO APPROVE THE MINUTES FROM WEDNESDAY, MARCH 2ND,

[4. Approval of Minutes]

SECOND. WHO WAS THAT, PLEASE? VIOLA. NIKOLE CLAIRE.

APPROVES. RICHARD HUGHES.

YES, SAJEEN BELL.

YES. DAVID LEVEN.

ERIC NAGY. YES.

VIOLA WATSON. YES.

MOTION PASSED.

THANK YOU. I WANT TO REMIND THE MEMBERS OF THE BOARD THAT WHEN YOU ARE SPEAKING, PLEASE MAKE SURE YOUR MIC IS ON SO THAT WE CAN HEAR YOU.

AND WHEN YOU'RE NOT SPEAKING, PLEASE REMEMBER TO TURN IT OFF.

THANK YOU. DO WE HAVE ANY PLANNING BOARD DISCLOSURES THIS MORNING? ANYTHING ON THE ITEM THAT YOU WANT TO DISCLOSE? EXCUSE ME, ON THE AGENDA THAT YOU WANT TO DISCLOSE.

IT LOOKS LIKE WE DON'T HAVE ANY THIS MORNING.

I WILL NOW HAND IT OVER TO THE CITY ATTORNEY.

[6. City Attorney]

ITEMS 8 C AND 8 D ARE QUASI JUDICIAL IN NATURE.

SO WHEN WE GET TO THOSE TWO ITEMS, THE FOLLOWING RULES WILL APPLY.

ALL PERSONS, EXCUSE ME, ALL PERSONS TESTIFYING BEFORE THE PLANNING BOARD WILL BE SWORN IN. THE APPLICANT AND ANY AFFECTED PERSON WILL BE GIVEN AN OPPORTUNITY TO PRESENT EVIDENCE, BRING FORTH WITNESSES, CROSS-EXAMINING WITNESSES, AND REBUT ANY TESTIMONY.

ALL EVIDENCE RELIED UPON BY REASONABLY PRUDENT PERSONS TO CONDUCT THEIR BUSINESS SHALL BE ADMISSIBLE. WHETHER SUCH EVIDENCE WOULD BE ADMISSIBLE IN A COURT OF LAW, HOWEVER IMMATURE OR UNDULY REPETITIOUS EVIDENCE SHALL BE EXCLUDED.

STATEMENTS OF COUNSEL SHOULD ONLY BE CONSIDERED AS ARGUMENT AND NOT BE CONSIDERED AS TESTIMONY. AND COUNSEL FOR PARTIES SHOULD NOT BE SUBJECT TO CROSS-EXAMINATION.

THE BOARD HAS THE AUTHORITY TO REFUSE TO HEAR ANY TESTIMONY WHICH IS IRRELEVANT OR REPETITIVE. HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSES OF SUPPLEMENTING OR EXPLAINING OTHER EVIDENCE, BUT IT SHALL NOT BE SUFFICIENT BY ITSELF TO SUPPORT A FINDING.

DOCUMENTARY EVIDENCE MAY BE PRESENTED IN THE FORM OF A COPY OF THE ORIGINAL IF AVAILABLE . UPON REQUEST, ALL PARTIES SHALL BE GIVEN AN OPPORTUNITY TO COMPARE THE COPY WITH THE ORIGINAL, AND THEY PARTY SHALL BE ENTITLED TO CONDUCT CROSS EXAMINATION WHEN TESTIMONY IS PROVIDED OR DOCUMENTS ARE MADE PART OF THE RECORD GENERALLY.

THE ORDER OF PRESENTATIONS, THE PETITIONER REPRESENTATIVE WILL GO FIRST.

STAFF WILL THEN MAKE A REPORT.

PARTIES WHO ARE IN SUPPORT CAN THEN PROVIDE TESTIMONY, THOSE IN OPPOSITION.

AND THEN FINALLY THE PARTIES WILL BE GIVEN AN OPPORTUNITY TO ANSWER ANY QUESTIONS AND TO GIVE CLOSING STATEMENTS.

AT THE END, THIS BOARD WILL DELIBERATE ON THE PETITION.

NO FURTHER TESTIMONY WILL BE TAKEN, AND MEMBERS OF THE BOARD SHOULD NOT ASK FURTHER QUESTIONS OF PERSONS PRESENTING TESTIMONY.

THE BOARD SHALL DISCUSS THE EVIDENCE THAT WAS PRESENTED AT THE PROCEEDING AND VOTE ON THE APPLICATION, EITHER FOR OR AGAINST OR FOR WITH ANY CONDITIONS THAT YOU MAY WISH TO IMPOSE. OKAY.

THANK YOU FOR THAT. IF.

THOSE INDIVIDUALS WHO ARE GOING TO GIVE TESTIMONY WITH REGARD TO ITEM EITHER EIGHT C OR EIGHT D, IF YOU COULD PLEASE STAND AND RAISE YOUR RIGHT HAND.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? THE WITNESSES HAVE BEEN SWORN FOR THOSE ITEMS WHEN WE GET TO THEM.

THANK YOU. THERE ARE A FEW PEOPLE WHO'VE SIGNED UP TO SPEAK FOR EACH SECTION.

AT THIS TIME, I'M NOT CALLING FOR THOSE PEOPLE TO COME FORWARD.

BUT IS THERE ANYONE ELSE THAT HAS A GENERAL PUBLIC COMMENT THEY'D LIKE TO MAKE BEFORE WE BEGIN? OKAY.

THANK YOU. I'LL ANNOUNCE THE ITEMS THAT WE'RE GOING TO BE DISCUSSING THIS MORNING AND

[00:05:05]

ITEM NUMBER EIGHT A IS A PUBLIC HEARING.

TR 13761, THE APPROVAL OF FY 2022-2023 THROUGH FISCAL YEAR 2024 THROUGH 2025.

LOCAL HOUSING ASSISTANCE PLAN, OTHERWISE KNOWN AS LA.

SORRY EXCUSE ME LHAP.

ITEM NUMBER EIGHT B, PUBLIC HEARING 22495 ORDINANCE AMENDING CHAPTER TEN, ARTICLE FOUR ENTITLED DEVELOPMENT AND DESIGN STANDARDS BY AMENDING SECTION 10-4.10 ENTITLED SIGNS AMENDING THE SIGN CODE REGULATIONS FOR THE CITY OF TAMARAC.

ITEM NUMBER EIGHT C IS A QUASI JUDICIAL HEARING.

TBO NUMBER 52, VOLERA TAMARACK VARIANCE.

ITEM NUMBER 8 D IS QUASI JUDICIAL HEARING.

TBO NUMBER 51 TRAPEZE MEMBER ONLY MANAGEMENT LLC ADMINISTRATIVE APPEAL.

WE'LL START WITH ITEM 8A, PUBLIC HEARING.

[8.a PUBLIC HEARING - TR 13761 - Approval of FY 2022/23 through FY 2024/25 Local Housing Assistance Plan (LHAP)]

AT THIS TIME, WE'LL HEAR FROM CITY STAFF.

WE'LL HAVE THAT PRESENTATION.

PLEASE TURN YOUR MIC ON.

MADAM CHAIR, IF I MAY, FOR PURPOSES OF THE RECORD, WE CAN READ THE ENTIRE RESOLUTION.

SURE, SURE.

IT'S A RESOLUTION, CITY COMMISSIONER, CITY OF TAMARAC, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN LHAP.

ATTACHED HERETO EXHIBIT ONE AS REQUIRED BY STATE THE STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM ACT SUBSECTIONS 42907 THROUGH 420-9079 FOR STATUTES AND RULE CHAPTER 67-37 FLORIDA ADMINISTRATIVE CODE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND ANSWER DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE.

AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVED BY THE FLORIDA HOUSING FINANCE CORPORATION, FHA FC AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT THE STATE OF FLORIDA'S CORPORATE I'M SORRY, AUTHORIZING THE APPROPRIATION OFFICIALS, EXCEPT THE STATE OF FLORIDA STATE HOUSING IN ISSUE OF PARTNERSHIP SHIP PROGRAM BUDGET.

BY ACCEPTING THE FISCAL YEAR 2023 AND 2024, ALLOCATIONS OF THE PROGRAM FUNDS TO BE UTILIZED ACCORDING TO THE CITY'S LOCAL HOUSING ASSISTANCE PLAN AND HOUSING DELIVERY GOALS CHART THAT THE APPROPRIATE CITY OFFICIALS ARE HEREBY AUTHORIZED TO APPROPRIATE SAID FUNDS, INCLUDING ANY AND ALL SUBSEQUENT BUDGETARY TRANSFERS, TO BE IN ACCORDANCE WITH PROPER ACCOUNTING STANDARDS.

PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

THANK YOU. OKAY.

GOOD MORNING AGAIN.

CAROLINE FRANCIS ROYER, HOUSING MANAGER.

GOOD MORNING. THE STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM REQUIRES LOCAL GOVERNMENTS TO PREPARE A 1 TO 3 YEAR PLAN PRESENTED TO FLORIDA HOUSING FINANCE CORPORATION, OUTLINING HOW THE FUNDS WILL BE USED, AS WELL AS ESTABLISH THE MAXIMUM AWARD FOR EACH OF THE STRATEGIES IN THE PLAN.

THE L HAVE OUTLINES VARIOUS HOUSING STRATEGIES IMPLEMENTED IN ORDER TO MEET HOUSING NEEDS FOR EXTREMELY LOW, VERY LOW, LOW AND MODERATE INCOME HOUSEHOLDS TO EXPAND PRODUCTION OF AND PRESERVE AFFORDABLE HOUSING TO THE CURRENT AND FUTURE RESIDENTS OF THE CITY OF TAMARACK. THE STRATEGIES INCLUDE PURCHASE ASSISTANCE WITH AND WITHOUT REHAB.

OWNER OCCUPIED REHABILITATION, EMERGENCY REPAIR AND DISASTER REPAIR AND MITIGATION, WHICH IS AN ACTIVITY THAT IS ACTIVATED ONLY WHEN THERE'S A MAJOR CATASTROPHE DECLARED BY THE GOVERNOR. ON THIS SLIDE, YOU WILL SEE AN INCOME CHART.

THIS IS THE 2021 INCOME CHART AND ALL THE STRATEGIES IN THE PROGRAM ARE GOVERNED BY THIS HUD INCOME GUIDELINE.

NEW LIMITS ARE RELEASED EVERY YEAR WITHIN THE MONTH OF APRIL OR MAY.

THE FIRST STRATEGY I LIKE TO GIVE SOME INFORMATION ON IS THE PURCHASE ASSISTANCE WITHIN WITHOUT REHAB.

[00:10:02]

THE LOAN CAN BE APPLIED TO DOWN PAYMENT OR CLOSING COSTS FOR PURCHASE OF ELIGIBLE HOUSING. ELIGIBLE HOUSING INCLUDES SINGLE FAMILY HOMES, TOWNHOUSES AND CONDOMINIUMS. THE MAXIMUM AWARD HAS INCREASED FROM 40,000 ACROSS THE BOARD TO THE FOLLOWING SLIDING SCALE UP TO 60,000 FOR EXTREMELY LOW AND VERY LOW HOUSEHOLDS, UP TO 50,000 FOR LOW INCOME HOUSEHOLDS AND UP TO 40,000 FOR MODERATE INCOME HOUSEHOLDS.

THE OWNER OCCUPIED REHABILITATION STRATEGY ADDRESSES SUBSTANDARD HOUSING.

IT MAKES REPAIRS AND IMPROVEMENTS TO ENSURE THAT ALL HOMES ARE SAFE AND SANITARY FOR HABITATION. IT ADDRESS CODE VIOLATIONS, HEALTH AND SAFETY ISSUES, ELECTRICAL, PLUMBING, ROOF WINDOWS, STRUCTURAL, OTHER STRUCTURAL ITEMS AND SIMILAR TO THE PURCHASE ASSISTANCE PROGRAM. THE $40,000 THAT WAS IN THE PREVIOUS LHAP IS NOW INCREASED TO THE SLIDING SCALE.

UP TO 60,000, UP TO 50,000 AND UP TO 40,000 FOR THE VARIOUS INCOME CATEGORIES.

THE EMERGENCY REPAIR STRATEGY PROVIDES LOANS TO RESIDENTS IN NEED OF EMERGENCY REHABILITATION. THESE ARE DIRE SITUATIONS, NOT THE REGULAR.

THEY ARE NOT SUBJECT TO THE WAITING LIST.

THESE ARE DIRE SITUATIONS WHERE THERE'S EXCESSIVE LEAKING IN A ROOF OR THERE ARE EXPOSURE TO THE ELEMENTS FROM WINDOWS OR HAZARD FIRE HAZARDS FROM ELECTRICAL OR PLUMBING DAMAGE.

THESE TYPE OF SITUATIONS HAVE TO BE ASSESSED BY AN INSPECTOR OR THE SHIP ADMINISTRATOR TO PROVIDE JUSTIFICATION FOR DOING THE EMERGENCY.

AND FOR THIS STRATEGY, ALL INCOME CATEGORIES HAVE BEEN INCREASED FROM 15000 TO 25000.

DISASTER RELIEF AND MITIGATION STRATEGY PROVIDES LOANS TO TO ELIGIBLE HOMEOWNERS FOR REPAIRS WHEN THERE IS A DISASTER.

THERE MUST BE A DECLARED DISASTER BY THE PRESIDENT VIA EXECUTIVE ORDER OR DECLARED DISASTER BY THE STATE OF FLORIDA, THE GOVERNOR, BY THE STATE OF FLORIDA.

THE FUNDS THAT'S USED FOR THIS STRATEGY ARE INCOME UNENCUMBERED FUNDS THAT WE WILL HAVE IN OUR SHIP PROGRAM AND THE MAXIMUM AWARD ACROSS ALL INCOME CATEGORIES HAS INCREASED FROM 25000 TO 30000.

THERE ARE SOME ADDITIONAL CHANGES TO THE PROGRAM.

THE PRORATED LOAN FORGIVENESS WILL NOW BEGIN IN YEAR 14, WITH 50% FORGIVEN IN YEAR 14 AND THE REMAINING 50% IN YEAR 15.

INSTEAD OF THE CURRENT PROGRAM WHERE FORGIVENESS BEGAN IN YEAR 11 WITH A 20% EACH YEAR UNTIL FULLY FORGIVEN IN YEAR 15.

AN ADDITIONAL CHANGE IS THE ASSET CAP.

THE ASSET CAP HAS BEEN RAISED FROM 20000 TO 25000.

THE APPLICANTS CONTRIBUTING A THIRD OF THAT AMOUNT TOWARDS THE PURCHASE OR REHABILITATION OF THEIR HOME. PREVIOUSLY, APPLICANTS WITH ASSETS OVER 20,000 WERE NOT ELIGIBLE TO PARTICIPATE IN THE PROGRAMS. AND WE LOOKED AT SOME SUPPORTING DATA TO TO SUPPORT THE CHANGES THAT WE MADE AND NOW HAVE THE AFFORDABILITY CONCERN.

THE SHIP PROGRAM HAS HAD OVER 360,000 IN PROGRAM INCOME SINCE 2015.

THAT'S GENERATED FROM FOLKS SELLING OR REFINANCING THEIR HOME AND TAKING CASH OUT.

AND WE FOUND THAT MOST OF THOSE OCCUR IN LESS THAN TEN YEARS.

SO WE WANT TO ENCOURAGE AFFORDABILITY.

SO THAT IS WHY WE EXTENDED IT TO YEAR 14 INSTEAD OF YEAR 11 TO START REDUCING THE LOAN.

[00:15:08]

AND ALSO SINCE 2019, 25 UNITS WERE SOLD OR REFINANCED WITH CASH OUT AMONG ALL THE FUNDING SOURCES, NOT JUST SHIP, WHICH INCLUDES HOME AND CDBG.

ANOTHER CONCERN WAS THE INCREASED COST OF MATERIALS FOR CONSTRUCTION IN OUR REHAB PROGRAM. SPECIFICALLY, THERE HAVE BEEN A SHORTAGE OF MATERIALS DUE TO PANDEMIC SHUTDOWNS, AND THAT HAS RAISED THE COST TO UP TO ABOUT 30% IN SOME IN SOME AREAS.

ALL THE STRATEGIES THAT ARE IMPLEMENTED IN THE PROGRAM ARE THERE'S A RANK IN CONSIDERATION BECAUSE WE WE ARE HELD TO SET ASIDE REQUIREMENTS THAT'S TIED TO THE FUNDING. AND THIS IS STATUTORY.

WE HAVE A REQUIREMENT TO ASSIST SPECIAL NEEDS HOUSEHOLD WITH AT LEAST 20% OF THE FUNDING VERY LOW HOUSEHOLD AT LEAST 30% AT LOW HOUSEHOLDS AT LEAST 60%.

THERE'S NO SATISFIED REQUIREMENT FOR MODERATE INCOME HOUSEHOLDS.

THE LOAN TERMS. AGAIN, I DID TOUCH ON THAT BEFORE THE FUNDS ARE AWARDED AS A DEFERRED SUBORDINATE LOAN MORTGAGE AND A LOAN AND A MORTGAGE AND NOTE IS RECORDED TO SECURE THOSE FUNDS.

THERE ARE NO PAYMENTS ON THE LOAN.

WE JUST ASK THAT THE RECIPIENTS REMAIN IN THE HOME.

THERE'S NO PERCENT, 0%.

AND IT'S FOR 15 YEARS.

AND AGAIN, FORGIVENESS BEGINS IN YEAR 14 WITH 50% AND THEN THE REMAINING AT YEAR 15.

JUST TO PROVIDE SOME FUNDING TRENDS.

OVER THE LAST FEW YEARS, THE SHIP ALLOCATIONS GONE UP AND DOWN.

SOME YEARS IT GOES WAY DOWN WHERE WE'RE LEFT TO ASSIST VERY FEW FOLKS.

BUT THIS CURRENT YEAR, WE HAVE, AS YOU CAN SEE, 436,000.

THE NEW ESTIMATE FOR NEXT YEAR IS 694,000 PLUS.

WE HOPE THOSE ESTIMATES STAY TRUE AND IT'S NOT RATED AS IT USUALLY IS BY THE HOUSE AND SENATE. HOUSING ADVOCATES ARE USUALLY REACHING OUT TO OUR ELECTED OFFICIALS AND TELL THEM TO SUPPORT THE TRUST FUND AND KEEP THE HOUSING BUDGET FOR HOUSING AND NOT USE IT FOR OTHER THINGS. I WILL ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU FOR THAT PRESENTATION.

DO WE HAVE ANY QUESTIONS FROM THE BOARD? NO. YEAH, I HAVE A COUPLE.

I SAW A REFERENCE TO A WAITING LIST IN THE DOCUMENT.

YES. CAN YOU EXPLAIN, IS THERE CURRENTLY A WAITING LIST FOR PEOPLE WHO ARE ELIGIBLE? BUT YOU RAN OUT OF MONEY, BASICALLY.

FOR WHICH STRATEGY? I DON'T RECALL, BUT I MADE A NOTE TO MYSELF WHEN I LOOKED AT IT.

THERE IS A REFERENCE IN THE DOCUMENT OF A WAITING LIST.

FOR OUR PURCHASE ASSISTANCE PROGRAM.

YES, THERE IS A WAITING LIST.

WE HAVE HUNDREDS I BELIEVE IT'S IN THE 500 FOR FOR PURCHASE ASSISTANCE.

WE WE HAVE ADDITIONAL WE HAVE FUNDS.

BUT THE CHALLENGE FOR US AND FOR THE PARTICIPANTS.

IS THAT THE MARKET RIGHT NOW IS.

IT. THEY WOULD SAY IT'S HOT.

IT'S IT'S A SELLER'S MARKET.

AND IT'S DIFFICULT FOR FOLKS TO PURCHASE A HOME WITH SUBSIDY BECAUSE THERE'S A PROCESS FOR US AND IT USUALLY TAKES MORE TIME.

AND WITH THE SELLERS NOW, THEY WANT TO SELL NOW AND THEY SELL HIGHER.

AND WITH CASH BUYERS FOR FOLKS THAT ARE COMING IN WITH A SUBSIDY, THEY'RE YOU KNOW, THEY'RE AT THE BOTTOM OF THE LIST.

BUT WE DO HAVE A WAITING LIST, BUT WE DO HAVE FUNDS.

IT'S JUST A MATTER OF PROCESSING THE FOLKS ON THE WAITING LIST AND TO A POINT WHERE THEY

[00:20:07]

SO. SO THEY'RE FIRST IN LINE, THOUGH, I MEAN, COMPARED TO A NEW APPLICANT.

OUR NEW PROGRAM, WE HAVE A NEW PROGRAM EVERY YEAR.

FOR THE FOLKS ON THE WAITING LIST NOW, THE LIST IS GOING TO BE PURGED BECAUSE IT DOESN'T MAKE SENSE TO KEEP THE WAITING LISTS GOING INDEFINITELY.

ON APRIL 18TH, OUR NEW PROGRAM STARTS WHERE AND IT'S A LITTLE BIT MORE EFFICIENT IN THIS PROCESS BECAUSE WE'RE REQUIRING FOLKS TO COME WITH US WITH A CONTRACT AND A FIRST MORTGAGE COMMITMENT.

AND THAT SHOULD SPEED UP THE PROCESS TO WHERE SELLERS WILL BE MORE WILLING TO CONSIDER AN OFFER FROM SOMEONE WITH A SUBSIDY.

SO ON APRIL 18TH, WE'RE GOING TO PURGE THIS THIS CURRENT YEAR LIST, AND THE NEW PROCESS IS GOING TO START. FOLKS CAN SIGN UP TO BE ON THE LIST, BUT AN ACTUAL APPLICATION FOR ASSISTANCE IS NOT PROCESSED UNTIL YOU HAVE A CONTRACT ON A PROPERTY.

THAT MEANS IT'S A VIABLE CASE.

THEN WE CAN INCOME QUALIFY YOU AND GO THROUGH THE PROCESS MORE QUICKLY.

OKAY. THE SET ASIDES THAT IT WAS ONE OF THE SLIDES SHOWED THE SET ASIDES.

CAN YOU GO BACK TO THAT SLIDE FOR A MINUTE? SO THE SPECIAL NEEDS CATEGORY, YOU HAVE 20% OF THE FUNDS SET ASIDE FOR THAT.

THEY GET 30% FOR THE VERY LOW.

SO THAT'S HALF THE MONEY RIGHT THERE.

SO THAT'S THE IDEA, RIGHT? RIGHT. RIGHT.

ONE THING ABOUT THE SET ASIDES, LET'S SAY YOU HAVE A SPECIAL NEEDS HOUSEHOLD AND THEY HAPPEN TO BE IN THE VERY LOW CATEGORY.

IT COUNTS FOR BOTH.

SO WHEN WE'RE REPORTING, WE HAVE TO REPORT, YOU KNOW, YES, ARE SPECIAL NEEDS, BUT THEY'RE ALSO VERY LOW.

SO WHATEVER FUNDS WE COMMIT TO THEM IS SATISFY BOTH REQUIREMENTS.

BOTH OF THEM. OKAY.

I KNOW YOU ALSO WENT OVER THE CHANGE TO THE REPAYMENT.

IS IT THE REPAYMENT OR THE RECAPTURE? I FORGET WHAT IT WAS, BUT YOU'RE MOVING IT FROM THE YEAR 11 TO YEAR 14.

YES, I THINK YOU TOUCHED ON IT, BUT I MAY NOT HAVE UNDERSTOOD IT FULLY.

THE REASON FOR THAT IS WHAT? SO WHEN WE PROVIDE ASSISTANCE, WE SECURE IT WITH A MORTGAGE AND NOTE, LET'S SAY IT'S A FIRST TIME HOMEBUYER.

SOME WILL ASSIST THEM WITH $40,000 AND IT'S FOR 15 YEARS.

SO IF THEY SAY IN YEAR FIVE, THEY WANT TO SELL OR REFINANCE AND TAKE OUT THE EQUITY THAT WE PUT IN, THEY WOULD HAVE TO REPAY US.

AND IF THEY CHOOSE TO DO THAT, THEY'RE PROBABLY MAKING A LOT MORE THAN WHAT WE USE TO ASSIST THEM. SO THAT UNIT IS NO LONGER AFFORDABLE BECAUSE THEY'RE GOING TO SELL IT AT MARKET RATE. SO.

THOSE FUNDS, WE CAN'T RECOVER THOSE FUNDS TO ASSIST ANOTHER PERSON THE SAME WAY WE ASSISTED THEM BECAUSE, YOU KNOW, WITH INFLATION AND THE CHANGE IN MARKET.

SO INSTEAD, LET'S SAY IT'S YEAR TEN AND THEY'RE CONSIDERING THEY STILL HAVE TO PAY US ALL THE FUNDS IN YEAR TEN.

THEY'LL SAY, OKAY, MAYBE I'LL WAIT TO YEAR 11 OR I'LL WAIT ANOTHER FIVE YEARS BEFORE I SELL JUST TO ENCOURAGE THEM TO STAY IN BECAUSE THEY DON'T REALLY WANT TO PAY US BACK.

SO THEY MAY WE'RE EXTENDING IT TO 14 WILL DISCOURAGE THEM FROM SELLING OR REFINANCING AND TAKING OUT THE EQUITY.

SO THEY JUST MAY RECONSIDER.

OKAY, I'LL JUST WAIT TILL THE 15 YEARS AS OPPOSED TO SELLING IN YEAR 11 OR YEAR TEN.

AND FOR MOST OF THE CASES THAT I LOOKED AT, MANY OF THE FOLKS SELL BEFORE YEAR TEN.

SO THOSE UNITS ARE LOST.

SO YOU RECAPTURE 100% OF THE MONEY WHEN THEY DO THAT, YEAH, YOU RECAPTURE 100%, BUT IT DOESN'T GO AS FAR AS IT DID PRIOR, SO.

THANKS. THANK YOU. IT'S JUST TO DISCOURAGE THEM SELLING AND, YOU KNOW, GETTING THOSE UNITS OUT. OKAY.

THANK YOU. WHAT PERCENTAGE DO YOU THINK THE HOMES ARE? THE QUESTION I'M ASKING IS WHAT PERCENTAGE OF THE HOMES DO YOU THINK ARE SOLD VERSUS REFINANCE IN THE FIRST TEN YEARS? I'M CONCERNED ABOUT THE HOMEOWNERS WHO ARE LOOKING TO TAKE ADVANTAGE OF A LOWER INTEREST RATE OR THEY'RE HAVING SOME CHANGES IN THEIR LIFESTYLE, NOT NECESSARILY TAKING THE CASH OUT, BUT THEY WANT TO TAKE ADVANTAGE OF HAVING A LOWER MORTGAGE PAYMENT AND NOT BEING

[00:25:02]

SO I'M CURIOUS TO KNOW WHAT PERCENTAGE OF THE HOMEOWNERS IN THE PAST HAVE REFINANCED VERSUS SOLD IN THE FIRST 11 YEARS OR TEN YEARS OR WHATEVER TIME FRAME WE'VE LOOKED AT? I WOULD SAY ABOUT HALF HAVE SOLD AND ABOUT HALF OF REFINANCE.

THAT'S MY BEST GUESSTIMATE, I DON'T HAVE THE EXACT NUMBER.

BUT FOR FOLKS THAT WANT TO REDUCE THEIR INTEREST RATE, WE DON'T REQUIRE REPAYMENT BECAUSE ONCE WE GET THE DOCUMENTS FROM THE LENDER AND THEY'RE VERIFYING THAT THEY'RE ONLY REDUCING THE INTEREST RATE AND THE MORTGAGE PAYMENT, WE SUBORDINATE OUR LOANS.

SO WE ENCOURAGE THAT BECAUSE AT THAT POINT, IT'S MORE AFFORDABLE.

THAT'S WHAT I WAS GOING TO HEAR.

THANK YOU. DO YOU HAVE ANY OTHER QUESTIONS? YES, I HAVE A QUESTION.

SURE. IN REFERENCE TO THE APPLICANT THAT YOU SAID, THE NEW PROGRAM, THEY'RE GOING TO HAVE TO BRING A CONTRACT AND THEN YOU WILL PROCESS.

HOW FAST ARE YOU GOING TO PROCESS THAT? BECAUSE WHEN YOU SUBMIT A CONTRACT, YOU HAVE A VERY LIMITED TIME TO, I'M TRYING TO UNDERSTAND HOW YOU'RE PLANNING TO WORK THAT.

OKAY. SO OUR TYPICAL PROCESS NOW, IT CAN TAKE ANYWHERE FROM 2 TO 3 MONTHS.

OUR NEW PROCESS WILL BE ABOUT A MONTH BECAUSE IF WE'RE REQUESTING YOUR CONTRACT, WE UNDERSTAND AT THIS POINT YOU'RE READY TO GO.

SO THE ONLY THING WE HAVE TO DO IS TO VERIFY YOUR INCOME AND MAKE SURE THAT THE PROPERTY IS ELIGIBLE. SO THAT'S A LOT FASTER THAN OUR OUR PREVIOUS PROCESS.

SO I ESTIMATE THAT ABOUT 3 TO 4 WEEKS WE CAN ASSIST SOMEONE THAT ALREADY HAS A CONTRACT.

THERE MAY NEED TO BE AN EXTENSION, BUT IT'S NOWHERE NEAR GOING TO BE THE SAME 2 TO 3 MONTHS PREVIOUSLY BECAUSE NOW WE'RE REQUIRING YOU TO HAVE A FIRST MORTGAGE.

THAT MEANS YOU ALREADY HAVE THAT COMMITMENT AND TO HAVE A CONTRACT ON THE PROPERTY.

OKAY, I HAVE SOME CONCERNS ABOUT THAT BECAUSE I'M A REALTOR AND I'M FAMILIAR WITH THE PROGRAM AND IT'S BEEN KIND OF DIFFICULT TO REALLY WORK WITH THE CLIENTS BASED ON THE YOUR STIPULATION. SO MY QUESTION AGAIN IS, WHENEVER A CONTRACT IS SUBMITTED, YOU USUALLY HAVE SOMEWHERE BETWEEN 5 TO 10 DAYS TO SHOW THAT YOU HAVE SECURED YOUR FINANCE.

IF NOT, THEN IT DOESN'T REALLY WORK.

SO IF YOU'RE SAYING IT MIGHT TAKE YOU 30 DAYS TO APPROVE, THIS WILL NOT WORK FOR MOST OF THE APPLICANTS.

BUT THAT PROCESS IS SIGNIFICANTLY IMPROVED FROM THE PREVIOUS PROCESS.

BUT AT THE SAME TIME WE HAVE TO CONSIDER WE WILL TRY TO DO IT AS FAST AS POSSIBLE.

BUT AT THE SAME TIME, OUR FUNDERS REQUIRE US TO DO AN INCOME CERTIFICATION.

WE CAN TRY TO DO AN INCOME CERTIFICATION IN TEN DAYS, BUT THE REALITY IS WE MAY NOT GET BACK ALL THE DOCUMENTS REQUIRED TO SATISFY OUR AUDITORS BEFORE WE MAKE A COMMITMENT.

SO WE STILL HAVE TO DO OUR DUE DILIGENCE.

SO I CAN'T SAY THAT WE'RE GOING TO HAVE IT DONE IN TEN DAYS.

THAT IS WHY WE'RE HAVING SO MANY CHALLENGES NOW WITH FOLKS NOT WANTING TO WAIT FOR FOLKS WITH SUBSIDIES. YOU KNOW, THAT'S ONE OF THOSE THINGS THAT WE HAVE NO CONTROL OVER, BUT WE CAN TRY TO PROCESS IT AS QUICKLY AS POSSIBLE.

SO THE APPLICANT THAT APPLIES IT IS NOT CHECKED IN ADVANCE BEFORE ACCEPTING IN THE PROGRAM TO SEE IF THEY QUALIFY VIA THE INCOME.

REPEAT THAT, PLEASE.

OKAY. THE PERSON WHO APPLIES FOR THE PROGRAM IS THEIR INCOME VERIFICATION NOT DONE TO SEE IF THEY QUALIFY BEFORE ACCEPTED IN THE PROGRAM.

DO WE HAVE TO DO THAT BEFORE WE MAKE A COMMITMENT? OKAY, SO WHY? YOU HAVE A CONTRACT? BECAUSE WE WE'RE NOT GOING TO TO SPEND THE TWO, THREE MONTHS TO PROCESS AN APPLICATION WHERE, AT THE END OF IT ALL, YOU'RE NOT ABLE TO GET A CONTRACT.

YOU'RE NOT ABLE TO GET A FIRST MORTGAGE.

WE WANT THOSE THINGS TO BE READY SO THAT WHEN YOU COME TO US, THE ONLY THING WE NEED TO DO IS TO DO YOUR INCOME CERTIFICATION AND PROVIDE FUNDS VIA WIRE.

[00:30:01]

I UNDERSTAND, BUT IT'S DIFFICULT NOW.

WE HAVEN'T ASSISTED ANYONE WITHIN THE LAST, I WOULD SAY, EIGHT MONTHS BECAUSE THEY'RE LOSING CONTRACTS BECAUSE THEY DON'T WANT TO WAIT FOR SUBSIDY.

YES, IT'S DIFFICULT THE WAY IT IS NOW.

BUT THERE'S NO WAY AROUND THE INCOME CERTIFICATION THAT'S REQUIRED BY STATUTE.

I DO HAVE A QUESTION.

YOU'VE MENTIONED THE ELIGIBILITY OF THE PROPERTY.

WHEN, WHAT ARE THOSE ELIGIBILITIES.

DOES IT HAVE TO BE A CERTAIN AMOUNT OF SALE VALUE OR CERTAIN AMOUNT OF YEARS SPEAKERS] OR CONDITION JUST PRICE LIMIT? THAT LIMIT IS PROVIDED BY FLORIDA HOUSING EVERY YEAR FOR THE SHIP PROGRAM IS CURRENTLY 352,000 AND CHANGE AND THAT'S PROVIDED EVERY YEAR.

THAT'S THE PURCHASE PRICE LIMIT.

AND THAT LIMIT IS SET WITH AFFORDABILITY IN MIND BECAUSE ANYTHING ABOVE THAT IS NOT GOING TO BE CONSIDERED AFFORDABLE FOR THE FOLKS, FOR THE TARGET FOLKS THAT WE'RE TRYING TO ASSIST. NOW WITH THAT 3.52 K, IS IT LIKE FOR A FAMILY OF FOUR? I MEAN, IS THERE A NO, THAT'S FOR THE PROGRAM IN GENERAL.

THAT'S FOR THE PROGRAM IN GENERAL.

SO A SINGLE PERSON CAN APPLY FOR A 352 K HOUSE? YES. AND THE CHALLENGE WITH THAT IS THEY HAVE TO BE ABLE TO SECURE A FIRST MORTGAGE.

IF ONCE THEY SECURE THE FIRST MORTGAGE, THAT MEANS THEIR CREDIT HAS ALREADY BEEN CHECKED.

WE DON'T NEED TO DO THAT.

THE BANK HAS ALREADY LOOKED AT THEIR FINANCIALS, THEIR DEBT, AND THEY'RE COMING TO US JUST FOR DOWN PAYMENT AND CLOSING COSTS.

OKAY. THAT WAS MY NEXT QUESTION.

ALL RIGHT. THANK YOU. THANK YOU.

I DO HAVE ANOTHER QUESTION.

THE AVERAGE COST FOR A SINGLE FAMILY HOME IN TAMARAC.

DO YOU HAVE AN IDEA OF WHAT THAT MIGHT BE? IF YOU DON'T, THAT'S OKAY. I CAN.

I CAN REFER TO THE REALTOR.

I MEAN, SHE MIGHT KNOW, I DON'T KNOW THE CURRENT AVERAGE COST.

I KNOW IT'S BEEN CLIMBING VERY RAPIDLY OVER THE LAST FEW MONTHS.

I DON'T HAVE THAT EXACT NUMBER.

MY CONCERN IS YOU'VE MENTIONED THAT YOU LOOK, THE CITY HAS NOT BEEN ABLE TO FUND ANYONE IN THE PAST EIGHT MONTHS.

AND HEARING VIOLA'S CONCERNS HERE DOESN'T SOUND LIKE WE'LL BE ABLE TO FIND ANYONE IN THE NEXT EIGHT MONTHS, GIVEN THE CONSTRAINTS THAT WE'RE GOING TO HAVE.

AND THEN ALSO, I'M CURIOUS TO KNOW WHAT THE MEAN HOUSING PRICE IS FOR A SINGLE FAMILY HOME IN TAMARACK. IS 350 EVEN DOABLE? I KNOW THE HOUSING PRICES ARE RAISING, BUT I'M NOT SURE THAT 350 IS A MEAN PRICE TO DO.

THE MARKET HAS CHANGED DRASTICALLY AND IN MOST CASES NOW IS CHANGING WITHIN WEEKS.

THAT'S THE EXPERIENCE.

ONE OF THE CHALLENGES WITH THE PROGRAM, WITH THE CLIENTS I HAVE TRIED TO HELP IS THE 45 DAYS. I WAS TOLD THAT THEY NEED IN 45 DAYS THEY HAD TO SECURE A CONTRACT THAT IS NOT EVEN DEALING WITH ALL OF YOUR PROCESSES.

45 DAYS IS KIND OF DIFFICULT IN TODAY'S MARKET.

IN A DIFFERENT MARKET, IT WOULD BE OKAY.

BUT IN TODAY'S MARKET, WITH THE CONSTRAINT THAT COMES WITH THIS PROGRAM, WE NEED MORE THAN THE 45 DAYS THAT IS GIVEN.

AND THE PRICE, AS I CANNOT TELL YOU, THE PRICE HAS GONE COMPLETELY CRAZY.

YEAH. THE 45 DAYS, THAT'S A PART OF OUR OUR CURRENT PROCESS.

LIKE I SAID, WE'VE CHANGED OUR PROCESS FOR THE NEW YEAR.

THAT'S COMING UP ON APRIL 18, WHERE WE'RE NOT WE'RE NOT PROCESSING YOUR APPLICATION, YOUR FILE, LOOKING AT ALL YOUR FINANCIALS.

WE'RE NOT DOING ANY OF THAT BECAUSE THAT'S WHAT TAKES TIME FOR US TO DO.

THAT'S INCLUDED IN THE 45 DAYS.

THIS PROCESS IS A LOT SIMPLER WHERE WE ARE RELYING ON THE LENDERS NUMBERS TO TO TO HELP US SO WE CAN SKIP THAT PORTION.

ALL WE'RE DOING, SINCE YOU HAVE YOUR FIRST MORTGAGE COMMITMENT, YOU HAVE YOUR CONTRACT ON THE PROPERTY. ALL WE'RE LOOKING AT IS THAT YOUR INCOME QUALIFIED TO RECEIVE THE FUNDS.

AND WE JUST NEED TO DO THAT.

WE NEED TO DO YOUR VERIFICATION OF EMPLOYMENT.

WE SEND THOSE OUT.

WE CAN ALSO DO VERBALS IF WE'RE SENDING SOMETHING TO AN EMPLOYER FOR AN APPLICANT TWO OR THREE TIMES AND WE CAN'T GET A FAX BACK, WE CAN CALL AND DOCUMENT THAT WE CALLED AND DO A VERBAL VERIFICATION.

AND THAT'S ACCEPTABLE TO FLORIDA HOUSING.

SO WE'LL DO WHATEVER WE CAN TO SPEED UP THE PROCESS.

BUT AT THE END OF THE DAY, WE STILL HAVE TO GO THROUGH THE INCOME CERTIFICATION PROCESS.

WE JUST DON'T HAVE TO GO THROUGH THE OLD PROCESS WHERE WE'RE PROCESSING AN APPLICATION

[00:35:03]

THAT'S WHY WE'RE CUTTING OUT A LOT OF THAT IN OUR PROGRAM.

OKAY. THE PREVIOUS APPLICANT THAT WAS NOT ABLE TO PURCHASE.

CAN THEY REAPPLY FOR THE NEW YEAR? OH, ABSOLUTELY.

ABSOLUTELY. WE ARE SENDING OUT AN EMAIL TO ALL THE FOLKS ON THE WAITING LIST, ALL THE FOLKS THAT APPLIED THAT THE NEW YEAR IS GOING TO START IN APRIL 18 AND THEY'RE MORE THAN WILLING TO PUT THEIR NAME ON THE LIST.

OKAY. YOU HAVE ANOTHER QUESTION, SAJEEN? ONE LAST QUESTION.

FOR EXAMPLE, YOU'RE PURCHASING THE HOUSE FOR, SAY, 352 K AND YOU'RE GOING TO GET 40,000 FOR ASSISTANCE.

MAYBE BY THE TIME YOU GET AROUND TO PROCESSING EVERYTHING, THEY CAN ONLY USE IT FOR THE DOWN PAYMENT BECAUSE IT'S THAT LATE IN THE GAME, RIGHT? THEY CAN'T USE IT NOT NOT THE DOWN PAYMENT FOR THE CLOSING COSTS, BUT THEIR CLOSING COSTS IS ONLY 30 K.

WHAT DO YOU DO WITH THAT BALANCE? DO YOU ONLY GIVE THEM WHAT THEY NEED AT THAT TIME AS YOU GO BACK INTO THE FUND? THE PROGRAM IS NEED BASED.

AND THAT'S WHY WE STRESS THE UP TO THE AMOUNT BECAUSE IF YOU ONLY NEED 30, WE'RE NOT GOING TO PROVIDE 40 BECAUSE WHEN WE'RE AUDITED, WE HAVE TO JUSTIFY IF WE IF THEY SEE THE NUMBERS AND IT SAYS YOU NEED 30, WE HAVE TO EXPLAIN, WELL, WHY DID YOU GIVE 40 THAT THAT AMOUNT COULD HAVE BEEN GIVEN TO SOMEONE ELSE.

SO IT'S NEED BASED.

OKAY. I THINK IT WOULD BE A GOOD THING FOR CLOSING COSTS BECAUSE BY THE TIME YOU GET SO FAR IN THE PROCESS WITH YOUR PROCESSING, THAT'S PROBABLY THE ONLY THING IT WOULD BE USED FOR BECAUSE YOU ALREADY HAVE A FIRST MORTGAGE COMMITMENT.

SO IT'S NOT LIKE YOU'RE USING IT AS A SECOND MORTGAGE.

SO. YEAH.

AND SOME LENDERS THERE ARE FAMILIAR WITH OUR PROGRAM.

AND IF THE FOLKS JUST LET THE LENDER KNOW THAT THEY'RE APPLYING AND IF THE LENDER SEE THAT THEIR INCOME MAY FALL WITHIN WHAT OUR PROGRAM REQUIRES, YOU KNOW, THEY'LL BE WILLING TO WORK WITH US. WE'VE HAD FOLKS THAT ARE WILLING TO WORK WITH US.

ONE OTHER QUESTION.

DID YOU CHANGE THAT, THE INCOME RATIO THAT YOU HAD IN THE PRESENT PROGRAM? THE INCOME RATIO.

YEAH. YOU HAD THAT INCOME RATIO.

YES. YOU HAD A REQUIREMENT IN THERE WHERE WHEN THE MORTGAGE BROKER PROCESS IS OR THE BANK PROCESSES THE APPLICATION, THEY HAD TO FALL WITHIN THE INCOME RATIO THAT WAS PLACED IN THE PROGRAM. YOU MEAN THE FRONT END RATIO, THE 35%? YES. YES.

THAT'S FOR AFFORDABILITY.

WHEN WHEN YOU'RE GOING OVER 30% OF THE INCOME FOR HOUSING PAYMENTS, IT'S CONSIDERED A COST BURDEN. SO ANYTHING OVER 35, WE'RE NOT GOING TO FUND BECAUSE IT'S NOT AFFORDABLE.

IT'S LIKE SETTING UP THE HOMEOWNER FOR FAILURE BECAUSE THERE'S OTHER OTHER COSTS THAT ARE NOT HOUSING COSTS THAT'S CONSIDERED.

SO IT'S A PROGRAMMATIC RATIO.

BECAUSE THEN IT'S NOT AFFORDABLE.

OKAY. THANK YOU FOR YOUR QUESTIONS.

I. IS THERE ANYONE IN THE AUDIENCE THAT HAS ANY COMMENTS OR QUESTIONS AT THIS TIME? I SKIPPED THAT SECTION.

OKAY. ALL RIGHT.

I THINK THAT WE'RE READY TO MOVE FORWARD.

I'D LIKE TO HAVE A QUESTION.

NO. OKAY. SORRY, RICHARD.

I'D LIKE TO CALL FOR A MOTION TO APPROVE.

MOTION TO APPROVE. I THINK SAJEEN HAS MADE THE MOTION.

DO WE HAVE A SECOND? MR. LEVINE HAS SECOND.

PLEASE MAKE SURE YOU PRESS YOUR MIC WHEN YOU'RE GOING TO SPEAK.

I SECOND. OKAY.

GOT IT. THANK YOU.

OKAY. NICOLE CLAIRE.

NO. RICHARD HUGHES YES, SAJEEN BELL.

YES. DAVID LEVIN.

YES. ERIC NAGY.

YES. VIOLA WATSON.

NO. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION PASSED.

4 TO 2.

THANK YOU FOR YOUR TIME.

[8.b PUBLIC HEARING - TO 2495 - Ordinance amending Chapter 10, Article 4, entitled “Development and Design Standards” by amending Section 10-4.10 entitled “Signs” amending the Sign Code regulations of the City of Tamarac]

PUBLIC HEARING, 2495, ORDINANCE AMENDING CHAPTER SEVEN, ARTICLE FOUR, ENTITLING

[00:40:06]

AND I'LL GO AHEAD AND I'LL READ THE DESCRIPTION.

AN ORDINANCE OF THE CITY COMMISSION.

OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER TEN, ARTICLE FOUR ENTITLED DEVELOPMENT AND DESIGN STRATEGIES BY AMENDING SECTION 10-4.10 ENTITLED SIGNS OF THE CITY OF TAMARAC CODE OF ORDINANCES BY SPECIFICALLY AMENDING SECTION 10-4.10 SUBSECTION C ENTITLED COMPREHENSIVE SIGN PLAN CSP SECTION 10-4.10 ITEM D, ENTITLED GENERAL SIGN REQUIREMENTS LOCATION SECTION 10-4.4.

ITEM H ENTITLED TEMPORARY SIGNS IN SECTION 10-4.10 ITEM M ENTITLED DEVELOPMENT OPPORTUNITIES CITYWIDE PROVIDING FOR CODE QUALIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

AT THIS TIME WE'LL HEAR STAFF PRESENTATION.

THANK YOU. GOOD MORNING, MADAM CHAIR.

MEMBERS OF THE BOARD. MY NAME IS FOR THE RECORD, MY NAME IS ANN JOHNSON, SENIOR PLANNER IN THE COMMUNITY DEVELOPMENT DEPARTMENT.

THE ITEM BEING BROUGHT BEFORE YOU TODAY AGAIN IS A TEXT AMENDMENT TO THE CITY'S LAND DEVELOPMENT CODES, SPECIFICALLY TARGETING THE SIGN REGULATIONS.

THIS AMENDMENT HAS ACTUALLY BEEN A COUPLE OF YEARS IN THE MAKING.

STAFF HAD THE OPPORTUNITY TO REACH OUT TO COMMUNITY MEMBERS, HAS ALSO RECEIVED PHONE CALLS FROM COMMUNITY STAKEHOLDERS AND BUSINESS OWNERS TO CONSIDER SOME CHANGES TO THE CITY SIGN CODE.

SO AS A RESULT OF THE PANDEMIC, SOME OF THESE EFFORTS WERE A BIT DELAYED.

BUT NOW WE ARE AT A POINT WHERE WE BELIEVE WE HAVE THE ABILITY TO MAKE MORE HOLISTIC CHANGES TO THE CITY.

SIGN CODE.

JUST TO GIVE YOU A LITTLE BIT OF BACKGROUND, THE CITY SIGN CODE HAS NOT BEEN OVERHAULED SINCE 2012 AND IN A PIECEMEAL FASHION THERE HAVE BEEN LITTLE ITEMS ADDRESSED FROM TIME TO TIME. HOWEVER, WHEN THE CITY SIGNED CODE SORRY, WHEN THE CITY'S LAND DEVELOPMENT CODE WAS REWRITTEN IN 2018, WE REALIZED THERE WERE STILL SOME ITEMS THAT NEEDED TO BE ADDRESSED TO EFFECTIVELY REGULATE SIGNS WITHIN THE CITY AND ALSO BE MORE OF A PRO BUSINESS OR PARTNER WITH THE CITY'S BUSINESS OWNERS.

SO WITH THAT, JUST TO TOUCH ON SOME GENERAL INFORMATION, SECTION FOUR, SORRY, SECTION 10-4.10 REGULATES SIGNS IN THE CITY OF TAMARAC, AND IT ADDRESSES THINGS LIKE THE TYPE, THE SIZE OF THE SIGN, THE LOCATION OF THE SIGN, THE ALLOCATION, HOW MANY SIGNS CAN THE BUSINESS HAVE AND ALSO THE SIGN DESIGN AS WELL.

BACK IN NOVEMBER 12TH, 2019, STAFF PROVIDED AN UPDATE AND THIS WAS AS A RESULT OF COMMISSION DIRECTION.

THERE WAS A SWEEP PERFORMED BY THE CITY'S CODE DEPARTMENT PRIOR, AND THE CITY'S CODE DEPARTMENT HAD REACHED OUT TO SOME OF THE COMMUNITY'S BUSINESSES WHERE WE NOTICED THAT SOME OF THE WINDOWS SIGNAGE WAS A BIT EXCESSIVE.

AND SO AFTER RECEIVING THE FEEDBACK FROM THOSE BUSINESS OWNERS, WHAT WE UNDERSTOOD IS THAT WE NEEDED TO TAKE A LOOK AT OUR WINDOW SIGN REGULATIONS IN PARTICULAR BECAUSE THEY WERE A BIT MORE RESTRICTIVE THAN THE SURROUNDING CITIES AS WELL.

AND SO WE HELD A WORKSHOP AND THAT AT THAT TIME, THAT IS WHEN WE HAD THE OPPORTUNITY TO SIT DOWN WITH THE BUSINESS OWNERS AND DISCUSS WHAT THE ISSUES WERE, HOW RESTRICTIVE THOSE REGULATIONS WERE.

AND THAT WAS SOMETHING THAT WAS NOTED TO BE AMENDED IN THE CODE EVENTUALLY AT THAT TIME.

SO WE FAST FORWARD TO RIGHT BEFORE THE PANDEMIC MARCH 3RD, 2020, AGAIN, AFTER RECEIVING ADDITIONAL DIRECTION FROM THE COMMISSION, STAFF HELD AN INTER-DEPARTMENTAL MEETING.

SO THE COMMUNITY DEVELOPMENT STAFF ALSO MET WITH THE ECONOMIC DEVELOPMENT STAFF AND ALSO WITH THE CHAIR OF THE CHAMBER OF COMMERCE AS WELL, TO GET A BETTER UNDERSTANDING OF WHAT IT WAS THAT THE BUSINESS OWNERS WERE LOOKING FOR AS FAR AS REGULATION OF SIGNAGE AND WHAT WOULD BE THE MOST EFFECTIVE WAY TO ASSIST THE BUSINESS OWNERS AND MARKETING THEIR BUSINESSES AND ADVERTISEMENT ISSUES THAT WERE RAISED BY ENFORCEMENT REGULATIONS FROM THE CITY. SO ON JULY 7TH, 2021, WHEN WE WERE ABLE TO HAVE A GROUP MEETING WITH

[00:45:07]

THE MAYOR WAS ALSO PRESENT, AGAIN, ANOTHER OPPORTUNITY FOR BUSINESS OWNERS AND COMMUNITY STAKEHOLDERS TO ACTUALLY HAVE SOME INPUT IN THE REGULATIONS THAT YOU ARE GOING TO SEE BROUGHT FORWARD TO YOU TODAY.

SO THE PURPOSE OF THIS AMENDMENT IS AGAIN TO SUPPORT ECONOMIC DEVELOPMENT OPPORTUNITIES FOR TAMARACK BUSINESS COMMUNITY, TO PROMOTE THE CREATION OF AN ATTRACTIVE VISUAL ENVIRONMENT, AND ALSO AID IN THE PROVISION OF AN ESTHETICALLY PLEASING COMMUNITY AND ALSO FOSTER A PUBLIC SAFETY AND PRIVATE STREETS AS WELL, TO ENSURE THAT THESE SIGNS ARE NOT PLACED IN A MANNER THAT WILL CREATE A HAZARD.

SO THE RESEARCH METHODOLOGY THAT WE JUST TOUCHED ON BEFORE WOULD BE THE PUBLIC AND COMMUNITY STAKEHOLDER INPUT.

THAT WAS A PART OF THE PROCESS.

WE ALSO EXAMINED CODES OF OUR SISTER CITIES, SO WE LOOKED AT CITIES THAT SURROUND THE TAMARACK, THE CITY OF TAMARACK BORDERS, AND THEN WE ALSO LOOKED HOLISTICALLY AT CODES THROUGHOUT THE STATE OF FLORIDA AS WELL TO UNDERSTAND HOW THESE SIGNS WERE REGULATED.

THERE WERE A SERIES OF FIELD INSPECTIONS CONDUCTED AS WELL TO UNDERSTAND WHAT STRUCTURES WERE EXISTING IN THE CITY OF TAMARAC, TO CONSIDER AGAIN HOW THAT MIGHT IMPACT HOW WE ARE GOING TO AMEND THE SIGN CODE AND HOW THAT MAY.

EXCUSE ME, HOW THAT MAY IMPACT ALSO THE EXISTING BUSINESS OWNERS AND THEIR EXISTING SIGNAGE.

THE INDUSTRY TRENDS AND COMPARISONS AS WELL.

THERE ARE SOME NEW TYPES OF SIGNAGE THAT ARE OUT THERE THAT TRADITIONALLY HAVE NOT BEEN ALLOWED IN THE CITY OF TAMARAC.

SO WE'LL DELVE INTO THAT A LITTLE BIT LATER IN THE PRESENTATION AS WELL.

AND THEN ALSO WE CONDUCTED A CASE STUDY OF OUR PREVIOUS SIGNED PERMIT APPLICATIONS AND SOME OF THOSE SIGNED APPLICATIONS THAT PREVIOUSLY TRIGGERED VARIANCES IN REGARDS TO THE CODE AS WELL.

SO OUR RESEARCH RESULTS ARE KIND OF SUMMARIZED IN THIS TABLE HERE.

THESE ARE THE TYPES OF SIGNS THAT ARE GOING TO BE ADDRESSED IN THE AMENDMENT TODAY.

I WON'T READ THE TABLE WORD FOR WORD, BUT I'LL JUST KIND OF GO THROUGH WHAT IT WAS THAT WE DISCOVERED AS A RESULT OF OUR RESEARCH.

SO AGAIN, IN REGARDS TO THE WINDOW SIGNS, WE FOUND THAT ALTHOUGH THE GENERAL AVERAGE IS BETWEEN 15 TO 40%, WE WERE RIGHT WITHIN THAT AVERAGE, BUT WE WERE ON THE MORE CONSERVATIVE THAN THE CURRENT CITY OF TAMARACK WINDOW SIGNS PROVISIONS ALLOW FOR 15% TOTAL WINDOW COVERAGE.

AND SO WHAT WE DECIDED TO DO AFTER SPEAKING WITH THE BUSINESS OWNERS WITHIN THE CITY AND THE COMMUNITY STAKEHOLDERS, IS THAT THE AMENDMENT WILL ALLOW THAT INCREASE FROM 15 TO NOW 40%.

IN REGARDS TO FACADE SIGNAGE SIMILAR TO CITIES LIKE CORAL SPRINGS AND PLANTATION.

WE FOUND THAT OUR SIGNS WERE WITHIN THE AVERAGE FOR SURROUNDING CITIES, AND USUALLY IN MOST CITIES THESE SIGNS ARE PLACED ON THE FRONT WALL OF THE BUSINESS, OF THE BUILDING, AND THEY ARE USING A FORMULA THAT IS CONSISTENT WITH THE WIDTH OF THE WALL ON WHICH IT IS BEING PLACED. SO WE'RE NOT GOING TO PROPOSE ANY CHANGES TO FACADE SIGNS AT THIS TIME, AS WE HAVE FOUND THOSE TO BE WITHOUT CHALLENGE FROM THE BUSINESS COMMUNITY.

THEY DID NOT HAVE ANY GENERAL COMPLAINTS ABOUT WHAT WE PERMIT IN THAT AREA.

IN REGARDS TO MONUMENT SIGNS, AGAIN, SIMILAR, MORE SIMILAR TO CORAL SPRINGS IMPLANTATION, THOSE SIGNS ARE USUALLY AGAIN GRANTED A SIGN AREA, A HEIGHT AND A WIDTH IN RELATIONSHIP TO THE ACTUAL SIZE.

AND THE SQUARE FOOTAGE ACTUALLY IS OUR FORMULA WITH THE BUILDING.

SO WE'RE NOT PROPOSING ANY CHANGES TO THE STRUCTURAL SIZE OF MONUMENT SIGNS, THE NAMEPLATE BUILDING IDENTIFICATION PLATE ON THE REAR OF THE BUILDING.

THIS IS MORE FOR A PUBLIC SAFETY ENHANCEMENT STANDPOINT.

AND SO WE ARE GOING TO ENCOURAGE BUSINESS OWNERS WHO HAVE AN ALLEYWAY OR MAYBE LIKE A PRIVATE STREET BEHIND THEIR BUSINESS TO PLACE THAT NAMEPLATE THERE.

SO IF AT NIGHT, IF THE FIRE DEPARTMENT OR THE POLICE DEPARTMENT NEED TO MAYBE ENTER THE BUILDING FROM THE REAR, THEY'RE ABLE TO IDENTIFY THAT BUSINESS FROM THE REAR AS WELL.

MENU BOARDS. WE HAD NOT HAD A SPECIFIC MENU BOARD PROVISIONS WITHIN THE PREVIOUS CITY'S CODE. SO THIS AMENDMENT WILL INTRODUCE REGULATIONS FOR MENU BOARDS IN THE CITY OF TAMARAC

[00:50:07]

REGARDING DIRECTORY AND DIRECTIONAL SIGNS, WHAT WE FOUND THEM TO BE BASED ON OUR RESEARCH IS THAT SOMETIMES THE VISIBILITY OF THESE SIGNS ARE NOT ADEQUATE FOR TAMARAC BUSINESSES.

IN SOME INSTANCES THE SIGNS WERE AS SMALL AS THREE SQUARE FEET, WHICH IF YOU HAVE A MULTI CAMPUS BUSINESS OR A MULTI-TENANT STRUCTURE LIKE UNIVERSITY HOSPITAL, WHICH IS A PROJECT THAT WE JUST RECENTLY HAD HAD THE OPPORTUNITY TO WORK WITH THEM ON THEIR SIGNAGE.

THAT WAS ONE OF THE ISSUES AS WELL.

A LOT OF TIMES THE FOLIAGE OR THE LANDSCAPING WILL BLOCK THESE SIGNS AND SO YOU GET LOST AND YOU'RE UNABLE TO LOCATE THE BUILDING IN WHICH YOU'RE LOOKING FOR.

LASTLY IS ALSO ANOTHER NEW TYPE OF SIGNAGE THAT WERE INTRODUCED INTO THE CITY OF TAMARAC.

THIS IS A DIRECT RESULT OF OUR CONVERSATIONS WITH THE STAKEHOLDERS IN THE BUSINESS COMMUNITY, AND THIS IS OFF PREMISE SIGNAGE AND SO OFF PREMISE SIGNAGE WOULD BE PERMITTED, PROVIDING THAT THE PROPERTY OWNER IS ABLE TO OBTAIN A EASEMENT AND ALSO PERMISSION FROM THE PROPERTY OWNER IN WHICH THEY WOULD LIKE TO PLACE THEIR SIGN.

AND THIS WOULD ONLY BE PERMITTED FOR BUSINESSES THAT DO NOT HAVE MAYBE A DIRECT STREET OR RIGHT OF WAY THAT WOULD ALLOW SOMEONE PASSING BY TO KNOW THAT THEIR BUSINESS WAS LOCATED IN A PARTICULAR AREA.

SO THE AMENDMENT TO SECTION 10-4.10 IS REGARDING THE CITY'S COMPREHENSIVE SCIENCE PLAN.

AND A COMPREHENSIVE SCIENCE PLAN PROVIDES FOR UNIFORMITY WITHIN A RETAIL PLAZA OR MAYBE A MULTITENANT BUILDING.

AGAIN, SOMETHING LIKE A HOSPITAL, SOMETHING LIKE A MAYBE A LARGER PLAZA RETAIL COMMERCIAL PLAZA DEVELOPMENT.

AND WE'RE CHANGING THIS LANGUAGE TO INSTEAD OF ENCOURAGING IT TO MAKE IT MORE OF A REQUIREMENT. SO ANY NEWLY DEVELOPED OR SIGNIFICANTLY MODIFIED RETAIL PLAZA OR MULTI-TENANT BUILDING OR CIVIC USE BUILDING WOULD NOW BE REQUIRED TO SUBMIT A COMPREHENSIVE SIGN PLAN.

AND SO THAT SIGN PLAN WOULD DETAIL THE TYPE, THE MATERIALS, THE METHOD OF ENUMERATION, COLORS, DIMENSIONS, AND ALSO THE LOCATION ON THE SIGN AS WELL.

AND HERE'S A RENDERING FROM THE COMMERCIAL PORTION OF WHAT WILL BE TAMARACK VILLAGE.

SO ONCE TAMARACK VILLAGE, THE COMMERCIAL PORTION OF THAT DEVELOPMENT IS CONSTRUCTED, THIS IS WHAT WAS SUBMITTED BY THE SIGNED CONTRACTOR, AND THIS IS AN EXAMPLE OF A COMPREHENSIVE SIGN PLAN. SO YOU CAN SEE THE SIMILARITIES.

THERE'S SOME UNIFORMITY THERE, AGAIN, TO JUST MAKE SURE THAT THERE'S A UNIFORM LOOK TO THE PLAZA AS WELL.

HERE'S AN EXAMPLE ALSO OF A LAYOUT THAT WOULD BE PROVIDED BY THE SIGN CONTRACTOR OR THE THE APPLICANT ONCE THEY ARE SUBMITTING FOR THEIR SIGN PERMIT SO THAT WE CAN ENSURE THAT AGAIN, THE LAYOUT, THE MATERIAL, THE SIZING ARE ALL WITHIN THE COMPREHENSIVE SIDE PLAN REGULATIONS. SO MOVING ON TO THE NEXT SIGN TYPE WOULD BE THE NAMEPLATE THAT WE JUST DISCUSSED. AND AGAIN, THAT NAME PLATE IS MORE FOR A PUBLIC SAFETY STANDPOINT JUST TO ENSURE THAT BUILDINGS ARE ABLE TO BE IDENTIFIED FROM THE REAR IN CASE OF AN EMERGENCY OR ANYTHING OF THAT NATURE.

REGARDING THE MONUMENT SIGNS.

VERY BRIEFLY, AGAIN, A SIGN PERMIT IS REQUIRED FOR MONUMENT SIGNS IN THE CITY OF TAMARACK. WE DO REQUIRE THAT THE SIGNS ARE LANDSCAPED AT THE BASE.

WE REQUIRE THAT THE LANDSCAPE IS MAINTAINED SO IT DOESN'T OBSTRUCT THE MESSAGE ON THE SIGN. IT DOESN'T OBSTRUCT THE ADDRESS ON THE SIGN AS WELL.

IT HAS TO CONTAIN THE NUMERIC ADDRESS.

AND AGAIN, IF THERE ARE MULTIPLE TENANTS IN THE BUILDING, THEN THEY'RE ABLE TO ALSO PLACE THOSE PANELS SO THAT THE MULTIPLE TENANTS CAN HAVE SOME ADVERTISING FROM THE ROAD AS WELL. AND SO, AS I DISCUSSED BEFORE, THESE ARE OUR EXISTING MONUMENT SCIENCE STANDARDS, AND WE'RE NOT MAKING ANY CHANGES TO THIS PARTICULAR PART OF THE CODE BECAUSE THESE SIGNS ARE PROPORTIONATE TO THE SQUARE FOOTAGE OF THE BUILDING.

SO IF YOU HAVE A LARGER BUILDING THAN YOU WOULD BE PERMITTED, OF COURSE, A LARGER SIGN.

AND THEN IF YOU HAVE A SMALLER BUILDING, THEN YOU WOULD BE AGAIN, YOUR SIGN WOULD BE A LITTLE BIT SMALLER.

SO BECAUSE THIS TEXT AMENDMENT TOUCHES ON NON RESIDENTIAL PROPERTY, YOU CAN SEE ON THE

[00:55:06]

AND SO THAT SIGN IS PERMITTED TO BE UP TO 72 SQUARE FEET.

ALL RIGHT. SO WE GET TO THE NEXT SIGN TYPE THAT IS ADDRESSED IN THE ORDINANCE.

AND I JUST WANTED TO TOUCH ON THE DIFFERENCE BETWEEN THE BOTH, BECAUSE SOMETIMES THESE TERMS ARE USED INTERCHANGEABLY WITHIN THE CODE.

AND SO JUST TO MAKE SURE THAT THERE IS A DIFFERENTIATION BETWEEN THE TWO.

THE DIRECTORY SIGN IS A SIGN CONSISTING OF THE INDEX OF NAMES OF TENANTS ON THE OFFICE BUILDING AND A SHOPPING CENTER WHERE THERE MAY BE MULTIPLE TENANTS IN A BUSINESS COMPLEX.

AND THEN THE DIRECTIONAL SIGN IS A SIGN THAT IS ERECTED TO EITHER REGULATE TRAFFIC OR DIRECT TRAFFIC TO A PARTICULAR AREA WITHIN THE.

THAT CAMPUS OR THAT MULTITENANT LOCATION.

SO THE RED TEXT THAT YOU'LL SEE FROM THIS POINT FORWARD AND GOING THROUGHOUT THE SLIDES IS WHERE WE'RE FROM IS WHERE WE'RE SHOWING THE NEW LANGUAGE AND WHERE WE'RE INTRODUCING THESE PROVISIONS AND THE CHANGES TO THE CODE.

AND SO WHAT WE'RE DOING, WE ARE COLLAPSING DIRECTIONAL AND DIRECTORY SIGNS AND THE PREVIOUS CODE, THEY WERE SEPARATED OUT BECAUSE THESE SIGNS DO SERVE A SIMILAR PURPOSE.

THEY'RE MEANT TO DIRECT TRAFFIC OR EITHER TO IDENTIFY A BUSINESS WITHIN A MULTITENANT BUILDING. THIS SECTION IS BEING COLLAPSED AND SO THE PROVISIONS WOULD ALLOW FOR MULTIPLE DIRECTIONAL AND DIRECTORY SIGNS DEPENDING ON HOW MANY DRIVEWAYS AND HOW MANY BUILDINGS ARE LOCATED WITHIN THAT CAMPUS.

SO AGAIN, WE'LL TAKE, FOR EXAMPLE, JUST BECAUSE IT'S A BUILDING THAT EVERYONE IS FAMILIAR WITH. UNIVERSITY HOSPITAL.

UNIVERSITY HOSPITAL HAS MULTIPLE BUILDINGS.

THERE ARE MULTIPLE DRIVEWAYS AND ENTRANCES TO GET TO THOSE BUILDINGS.

AND SO THESE REGULATIONS ARE JUST MEANT TO BE A LITTLE BIT MORE BUSINESS FRIENDLY AND ALSO A LITTLE BIT MORE HELPFUL WHEN IT COMES TO HELPING BUSINESSES OR LOCATIONS THAT HAVE MULTIPLE BUILDINGS BE ABLE TO DIRECT THEIR TRAFFIC TO WHERE THEY NEED THEM TO BE.

IN REGARDS TO THE DESIGN CRITERIA FOR THESE TYPES OF SIGNS.

SO FOR A DIRECTIONAL DIRECTORY MONUMENT AND ENTRANCE WALL SIGNS, WE MADE SOME CHANGES TO THE DESIGN CRITERIA IN JUST THE FACT THAT, AGAIN, WE UNDERSTAND THAT THESE SIGNS SERVE A VERY SIMILAR PURPOSE.

AND SO RATHER THAN SEPARATE THOSE SIGNS OUT, WE COLLAPSED THESE SECTIONS AGAIN.

AND WE ARE ALLOWING FOR THESE DIRECTIONAL AND DIRECTORY SIGNS TO ALSO FALL WITHIN THE SAME SIZING GUIDELINES AS THE MONUMENT AND ENTRANCE WALL SIGNS.

SO PREVIOUSLY, DIRECTIONAL SIGNS AND DIRECTORY SIGNS WERE PERMITTED TO ONLY BE THREE SQUARE FEET AND 12 SQUARE FEET RESPECTIVELY.

AND SO AGAIN, WE FOUND THAT THOSE SIGNS WERE TOO SMALL.

THEY DID NOT SERVE THE PURPOSE THAT THEY NEEDED TO SERVE IN REGARDS TO DIRECT AND PATRONS WITHIN A PROPERTY.

AND SO NOW THEY ARE ABLE TO COMPLY WITH THESE STANDARDS THAT ARE SHOWN FOR MONUMENT AND ALSO ENTRANCE WALL SIGNS AS WELL.

SO THIS IS JUST AN EXAMPLE OF WHAT SOME OFF SITE DIRECTORY SIGNS AND DIRECTIONAL SIGNS WOULD LOOK LIKE. SO IF YOU SEE ON YOUR LEFT THE OFF SITE DIRECTORY SIGN, IT SIMPLY LISTS THE NAME OF THE TENANTS IN THE BUILDING, WHEREAS THE DIRECTIONAL SIGN ACTUALLY HAS THE ARROWS POINTING YOU AND ALSO THE SUITE NUMBER POINTING YOU IN THE DIRECTION OF THE BUILDING. SO AGAIN, THE TYPE OF SIGN WOULD BE AT THE DISCRETION OF THE PROPERTY OWNER, BUT AGAIN, JUST SOMETHING TO MAKE IT A LITTLE BIT MORE USER FRIENDLY FOR ANYONE THAT IS TRYING TO NAVIGATE A LARGE PROPERTY THAT HAS MULTIPLE BUILDINGS.

SO IN THESE ALSO FALL WITHIN WHAT WE ARE CALLING THE OFF PREMISE SIGNS.

SO AGAIN, THE OFF PREMISE SIGN PROVISIONS, THEY HAVE ESTABLISHED THE DESIGN STANDARDS THAT WE JUST DISCUSSED.

WE ARE PROVIDING FOR SETBACKS.

[01:00:01]

THEY CAN'T CREATE A VISUAL HAZARD.

AND WHERE THEY'RE BEING PLACED, THE DISPLAY OF THESE TYPES OF SIGNS ARE GOING TO BE LIMITED TO EITHER THE NAMES OF THE TENANTS IN THE PLAZA OR THE LOGO OR TRADEMARK THAT'S ASSOCIATED WITH THAT PARTICULAR BUSINESS.

IN ADDITION TO THE SUITE NUMBER AND THEN AGAIN, IF THEY'RE DOING A DIRECTIONAL SIGN, THEN THEY'RE ALLOWED TO PLACE THE DIRECTIONAL ARROW ON THE SIGN.

THE APPLICANT WOULD HAVE TO OBTAIN AN EASEMENT FROM THE PROPERTY OWNER TO PLACE THE SIGN OFF SITE IF THAT WAS SOMETHING THAT THEY WERE LOOKING TO DO.

AND THEN THEY ALSO HAVE TO ENTER INTO A MAINTENANCE AGREEMENT WITH THE PROPERTY OWNER AS WELL FOR THESE SIGNS.

AND THE AGREEMENT WILL ALSO DELINEATE A TIME CERTAIN TO REMEDY THE SIGN.

LET'S SAY THE BUSINESS OWNER MOVES OR RELOCATE, AND THAT SIGN NEEDS TO BE REMOVED.

THEY WILL ALSO DESIGNATE A TIME CERTAIN FOR THAT AS WELL.

THESE ARE THE ACTUAL PROVISIONS THAT WERE PROVIDED FOR THE OFF PREMISE SIGNS.

SO I JUST SUMMARIZED THOSE IN THE PREVIOUS SLIDES, SO I WON'T GO THROUGH ALL OF THIS.

BUT AGAIN, WE ARE ALLOWING THIS SO THAT BUSINESS OWNERS WHO DON'T HAVE DIRECT ROADWAY FRONTAGE HAVE THE ABILITY TO HAVE THE OPPORTUNITY FOR SOME ADVERTISEMENT.

THESE ARE A GENERAL LANDSCAPING REQUIREMENTS FOR OUR SIGNS.

AND SO ALL MONUMENT AND ENTRY WALL SIGNS SHALL BE LANDSCAPED AROUND THE BASE IN A MANNER WHICH CONCEALS THE ENTIRE BASE OF THE SIGN.

AND AGAIN, WE WANT TO MAKE SURE THAT THAT LANDSCAPING DOES NOT OBSCURE THE MESSAGE OR THE ADDRESS ON THE SIGN.

WHAT WE'VE ALSO ADDED WAS LANGUAGE HERE THAT AT A MINIMUM, MULCH AND OR SOD AND SMALL GROUND SHRUBBERY SHALL BE INSTALLED TO ENHANCE THE ESTHETIC APPEARANCE OF THE SIGN AS WELL. SO FOR A LONG TIME WE REALIZED THAT WE HAD THIS PROVISION, BUT WE DIDN'T SPECIFY EXACTLY WHAT NEEDED TO BE PLANTED AT THE BASE OF THE SIGN.

AND SO THAT'S WHY THIS LANGUAGE WAS ADDED.

IN REGARDS TO FACADE SIGNS.

AGAIN, WE'RE NOT MAKING ANY MAJOR CHANGES HERE.

A BUILDING PERMIT IS REQUIRED TO OBTAIN THESE TYPES OF SIGNS.

WE FOUND THAT OUR FORMULA THAT WE USE HERE WITHIN THE CITY IS WITHIN THE AVERAGE.

AND SO, AGAIN, NO CHANGES HERE, BUT JUST SOME GENERAL PROVISIONS.

FOR YOUR INFORMATION, ONE SIGN IS PERMITTED PER PUBLIC STREET FRONTAGE.

IT MAY NOT EXCEED 70% OF THE BUILDING FRONTAGE.

THEY HAVE TO PROVIDE A BORDER OF 25% OF CLEAR AREA AROUND THE OUTSIDE OF THE SIGN.

IT IS LIMITED TO TWO LINES OF COPY AND IT ALSO CAN BE ILLUMINATED.

AND THIS IS COMMON AND THIS IS WHAT WE SEE IN OTHER CITIES AS WELL AS WELL IN REGARDS TO REGULATIONS OF THESE TYPES OF SIGNS.

AND THESE ARE OUR EXISTING FACADES AND STANDARDS.

SO AGAIN, NO CHANGES HERE.

THE SIGNS ARE ALLOWED TO BE PLACED ON THE BUILDING IN RELATION TO THE WIDTH OF THE RIGHT OF WAY. SO AGAIN, IF YOU HAVE A WIDER ROADWAY IN FRONT OF YOUR BUILDING, THAT MEANS YOUR BUILDING PROBABLY SITS A LITTLE BIT FURTHER BACK FROM THE ROAD.

AND SO YOU MAY NEED A LARGER SIGN.

AND THEN THOSE THAT ARE ON MORE NARROW RIGHTS OF WAY THAN THE SIGN IS A LITTLE BIT SMALLER. THE ONE GENERAL CHANGE THAT WE ARE MAKING WITHIN THE FACADE SIGN REGULATIONS THAT DON'T ACTUALLY IMPACT ACTUAL FACADE SIGNS IS THE PROVISION OF THE CODE WHERE YOU MAY HAVE A MULTITENANT BUILDING, BUT THE TENANTS ARE LOCATED WITHIN THE BUILDING SO THEY DON'T HAVE THEIR OWN EXTERNAL ACCESS.

YOU ACTUALLY HAVE TO GO INSIDE OF THE BUILDING TO ACTUALLY ACCESS THE TENANT.

AND SO WHAT WE'RE PERMITTING HERE IS A DIRECTORY SIGN THAT CAN BE PLACED DIRECTLY IN FRONT OF THE ENTRANCE OF THE BUILDING SO THAT THOSE TENANTS THAT ARE INTERNAL TO THE BUILDING CAN HAVE SOME FORM OF ADVERTISEMENT AS WELL.

THIS IS JUST A CONTINUATION OF THE FACADE SIGN REGULATIONS.

AND SO WE WON'T DISCUSS THOSE.

THE ONLY THING THAT WE'RE DOING HERE IS THAT AS A RESULT OF COLLAPSING SOME OF THE SIGN CODE SECTIONS, WE HAVE TO NOW RENUMBER SOME OF OUR SECTIONS OF CODE AS WELL TO ADJUST FOR THAT. ANOTHER REGULAR, REGULAR GENERAL PROVISION IS JUST HOW SIGNS ARE ILLUMINATED IN THE CITY. AND SO THE LANGUAGE CHANGE THAT WE'RE PROPOSING HERE IS THAT SIGNS SHALL NOT

[01:05:01]

HOWEVER, WE'RE ALSO GOING TO ADD THAT THEY SHOULD ALSO BE ILLUMINATED IN A MANNER THAT ENCOURAGES THE USE OF ALTERNATIVE POWER SOURCES, SUCH AS SOLAR LIGHTING WHERE POSSIBLE.

AND THIS IS JUST TO KEEP IN ALIGNMENT WITH THE THE CITY'S SUSTAINABLE DEVELOPMENT PRACTICES. THE SECOND PROVISION UNDER PROVISION B.

WHERE SIGNS ARE EXTERNALLY ILLUMINATED.

WE ARE JUST STRIKING THE FC AT THE END.

THAT WAS AN ABBREVIATION FOR FOOT CANDLES.

WE JUST WANTED TO MAKE THE CODE READ MORE CLEAR IN CASE SOMEONE DIDN'T UNDERSTAND THE ABBREVIATION. UNDER SECTION C, INTERNALLY LIT SIGNS WE ARE CORRECTING THAT PROVISION.

SO BEFORE ITS THE CODE STATED THAT THE PREFERRED METHOD OF ILLUMINATION WAS EXTERNALLY ILLUMINATED SIGNS WHEN IN FACT INTERNALLY LIT SIGNS IS THE PREFERRED METHOD OF ILLUMINATION. OF COURSE, TO HIDE THE WIRES OR ANYTHING THAT MAY BE ASSOCIATED WITH LIGHTING THE SIGN.

THE NEXT SIGN TYPE THAT IS ADDRESSED IN THE AMENDMENT IS MENU BOARDS.

AND SO MENU BOARDS IS BEING INTRODUCED AS A COMPLETELY NEW SECTION AND IT WILL BE DELINEATED AS SECTION 10-4.10 D 3 G.

AND THIS SPEAKS DIRECTLY TO MENU BOARDS FOR FAST FOOD RESTAURANTS, FAST CASUAL RESTAURANTS THAT HAVE MENU BOARDS THAT DISPLAY ITEMS FOR SALE IN THE DRIVE THRU.

AGAIN, I WON'T GO THROUGH ALL THE DETAIL PROVISIONS, BUT THE REASON THAT THIS LANGUAGE IS BEING INTRODUCED IS BECAUSE THE PREVIOUS CODE WAS SILENT ON THESE SIGNS AND SO THEY WERE TREATED MORE IN THE MANNER OF PROBABLY LIKE A MONUMENT SIGN.

AND SO WE JUST WANTED TO MAKE SURE THAT WE HAD SPECIFIC LANGUAGE FOR THESE TYPES OF SIGNS. AND THE SAME CAN BE SAID FOR MENU BOARD PREVIEW SIGNS.

SO WE LOOKED AT THE INDUSTRY STANDARDS, WE LOOKED AT INDUSTRY TRENDS AND THIS IS SOMETHING THAT IS APPARENT FOR MOST DRIVE THRU RESTAURANTS.

THEY HAVE A PREVIEW MENU AND THEN THEY ACTUALLY HAVE THE ACTUAL MENU BOARD AS WELL.

AND SO WE'RE JUST INTRODUCING REGULATIONS TO ENSURE THAT THESE SIGNS ARE EFFECTIVELY REGULATED WITHIN THE CITY'S CODE.

LASTLY WOULD BE A MENU BOARD WALL SIGN.

AND SO THIS IS SOMETHING THAT YOU WOULD FIND DIRECTLY OUTSIDE OF THE ENTRANCE OF MAYBE LIKE A SIT DOWN RESTAURANT.

SO AGAIN, THE MENU WOULD BE ALLOWED TO BE DISPLAYED ON THE WALL OUTSIDE OF THE SIGN.

WE HAD NO PROVISION SPEAKING TO THESE TYPES OF SIGNS AS WELL.

AND SO THIS LANGUAGE WAS ALSO INTRODUCED AS PART OF THE CODE AMENDMENT.

WE PREVIOUSLY DISCUSSED THE WINDOW SIGNS.

SO AGAIN, NOT TO REHASH THE WHOLE WITH NO SIGN OF REGULATION BIT, BUT WE ARE PROPOSING TO INCREASE WINDOW SIGN COVERAGE FROM 15 TO 40%.

WE DO UNDERSTAND THERE ARE MANY EXISTING BUSINESSES WITHIN THE CITY OF TAMARAC WHO NOW EXCEED THE 40%.

SO THE PROVISION THAT IS BEING ADDED IS TO ALLOW THOSE BUSINESSES 24 MONTHS TO COME INTO COMPLIANCE WITH THE WITH THE NEW CODE REGULATIONS FOR WINDOW SIGNS.

THIS IS JUST AN EXAMPLE OF WHAT WE USED AT THE COMMUNITY WORKSHOP TO CONVEY WHAT THE DIFFERENCE WOULD BE BETWEEN A 15 AND A 40% INCREASE IN WINDOWS SIGNAGE.

SO AGAIN, IF YOU HAD A TEN BY 12 STOREFRONT.

THAT IS WHAT IT WOULD LOOK LIKE CURRENTLY IF YOU WERE PERMITTED 15% SIGN COVERAGE.

AND THEN, OF COURSE, ON THE OTHER SCREEN, THAT IS WHAT IT WOULD LOOK LIKE WITH THE 40% COVERAGE THAT IS BEING PROPOSED.

THIS IS THE ACTUAL AMENDMENT TO THE WINDOW SIGN LANGUAGE.

SO AGAIN, THESE SIGNS DO NOT REQUIRE A PERMIT.

AND IN THE PAST, THAT IS WHAT HAS PROVEN TO BE PARTIALLY PROBLEMATIC, BECAUSE A LOT OF TIMES BUSINESS OWNERS WILL JUST, YOU KNOW, THEY OBTAIN THE LEASE FOR THE BUILDING AND THEY WANT TO MARKET THEIR BUSINESS AND THEY'RE POSTING THESE SIGNS.

AND THE REGULATIONS MAY NOT HAVE NECESSARILY BEEN CONVEYED CLEARLY.

AND SO WE'RE ALSO GOING TO TAKE ADDITIONAL STEPS TO MAKE SURE THAT BUSINESS OWNERS, UPON OCCUPYING A NEW BUSINESS, ARE AWARE THAT THE PERCENTAGE ALLOWED UPON THE ADOPTION OF THIS ORDINANCE WILL BE THE 40%.

IN GENERAL, THE SIGN CODE CONTAINS CONSTRUCTION AND LOCATION REGULATIONS AND WE DID NOT

[01:10:07]

IT SPEAKS TO SETBACKS, IT SPEAKS TO THE SITE DISTANCE AS WELL.

AND SO I WON'T GO THROUGH THESE, BUT WHAT WE DID DO IS MAKE SOME MINOR CHANGES TO THIS LANGUAGE AS WELL.

IN REGARDS TO SUBSECTION 21 OF THIS PARTICULAR SECTION, IT SAYS ALL SIGNS MUST BE PLACED ON THE PROPERTY IN WHICH THEY SERVE.

UNLESS APPROVAL OF THE PLACEMENT OF AN OFF PREMISE SIGN HAS BEEN GRANTED BY THE DIRECTOR IN ALIGNMENT WITH THE PROVISIONS OF THIS CODE.

SO AGAIN, THIS ALLOWS THOSE OFF PREMISE SIGNS FOR THOSE BUSINESSES WHO DID NOT NECESSARILY HAVE PRIMARY ROADWAY FRONTAGE.

AND THEN WE ADDED SUBSECTION 22, WHERE PROPERTIES CONTAINING MULTIPLE SIGN TYPES SHALL INSTALL SIGNS THAT ARE ARCHITECTURALLY COMPATIBLE TO THE PRINCIPAL STRUCTURE AND HAVE A VISUAL APPEARANCE OF UNIFORMITY TO THE GREATEST EXTENT POSSIBLE.

AND AGAIN, JUST ANOTHER PROVISION TO MAKE SURE THAT THE SIGNAGE THAT WE ARE APPROVING FOR THESE PARTICULAR STRUCTURES AND BUSINESSES, THAT THEY HAVE SOME FORM OF UNIFORMITY IN THE CODE AS WELL.

IN REGARDS TO TEMPORARY SIGNS IN THE CITY.

THIS SIGN TYPE OF PERMIT IS REQUIRED, AND TEMPORARY SIGNS ARE A TYPICALLY LIKE A BANNER, MAYBE SOMETHING THAT IS PROMOTIONAL FOR MAYBE A BUSINESS THAT HAS A GRAND OPENING OR SOMETHING TO THAT EFFECT.

AND SO THOSE SIGNS ARE ALLOWED TO BE PERMITTED FIVE DAYS, FIVE TIMES A YEAR.

THEY CANNOT EXCEED 20 SQUARE FEET AN AREA.

THE GRAPHIC IS JUST SHOWING YOU PROPORTIONATELY WHAT THAT WOULD LOOK LIKE ON A ON A ON A TYPICAL STOREFRONT.

AND THE TYPES OF SIGNS THAT ARE PERMITTED ARE LISTED THERE AS WELL.

SO I WON'T GO THROUGH THAT LIST.

BUT AGAIN, A LOT OF WE NOTICE NEW BUSINESSES TAKING ADVANTAGE OF THESE PROVISIONS.

WE DIDN'T MAKE ANY SIGNIFICANT CHANGES TO THESE TEMPORARY SIGN PROVISIONS.

BUT WHAT WE DID DO IS ADD SOME LANGUAGE IN REGARDS TO TEMPORARY WAYFINDING SIGNS.

AND SO, AGAIN, THESE SIGNS ARE MEANT TO DIRECT PEOPLE OR THE PUBLIC TO PARTICULAR RESOURCES, AND THEN THEY ALSO MAY BE PERMITTED BY THE DIRECTOR UNDER EXTENUATING CIRCUMSTANCES. AND SO WHAT WE FOUND WAS DURING THE PANDEMIC, WE NEEDED TO ALLOW FOR A LITTLE BIT MORE FLEXIBILITY FOR SIGNAGE, MAYBE FOR COVID TESTING, MAYBE FOR OTHER GOVERNMENT RESOURCES THAT PEOPLE WERE VISITING DIFFERENT SITES FOR.

AND SO THIS ALLOWS FOR THAT UNDER DECLARED EMERGENCIES, MAYBE IN THE CASE OF A HURRICANE, DIRECTING THE PUBLIC TO SHELTER THINGS OF THAT NATURE.

AND SO WE JUST ADDED LANGUAGE TO ENSURE THAT THOSE TEMPORARY SIGNS WOULD BE ALLOWED TO BE DISPLAYED. REGARDING THE NONCONFORMING SCIENCE SECTION, WE DID ADD A PROVISION AGAIN, JUST MAKING SURE THAT WE ADDRESS NON-CONFORMING WINDOW SIGNS TO ENSURE THAT THE SIGNS THAT ARE NOT COMPLIANT WITH THE PROVISIONS OF THIS CODE UPON THE EFFECTIVE DATE OF THE ADOPTION OF THE ORDINANCE, WILL HAVE TIME TO ENSURE THAT THOSE SIGNS CAN COME INTO COMPLIANCE.

AND SO AGAIN, THAT PERIOD OF AMORTIZATION WOULD BE 24 MONTHS.

ALL RIGHT. IN HERE, WE ARRIVE TO THE SUMMARY OF JUST THE CHANGES OF WHAT WE ARE PROPOSING TO THE CITY CODE REGULATION.

SO STAFF IS PROPOSING AN AMENDMENT TO THE CITY SIGN CODE REQUIRING THE SUBMITTAL OF A COMPREHENSIVE SIGNED PLAN FOR NEW AND REDEVELOPED PROPERTIES AND INCREASE IN THE CURRENT WINDOW SIGN COVERAGE FROM 15% TO 40%.

WE'RE ALLOWING FOR ADDITIONAL DIRECTORY SIGNAGE FOR MULTITENANT BUILDINGS WITH INTERNAL OFFICE ACCESS, ENHANCED LANDSCAPE LANGUAGE FOR MONUMENT SIGNS, THE ADDITION OF IDENTIFICATION OF NAMEPLATES TO THE REAR DOOR OF A COMMERCIAL BUSINESS.

ADDITIONAL PROVISIONS FOR MENU SIGNS IN THE CODE WHICH WE DID NOT HAVE BEFORE.

AN INCREASE TO THE SIZE OF DIRECTORY AND DIRECTIONAL SIGNS PROVISIONS THAT WOULD CLARIFY THE INSTALLATION AND MAINTENANCE OF OFF PREMISE SIGNS.

WE WANT TO MAKE SURE WE ENCOURAGE ALTERNATIVE ENERGY SOURCES AND IDENTIFY THE METHOD OF ILLUMINATION FOR SUSTAINABLE DEVELOPMENT PROVISIONS FOR THE TEMPORARY WAYFINDING SIGNS

[01:15:05]

SO OUTLINED IN THE STAFF MEMORANDUM ARE THE RESPONSES TO THE CRITERIA FOR AN AMENDMENT TO THE TEXT OF THE LAND DEVELOPMENT CODE, AND IT IS THE OPINION OF STAFF AND THE COMMUNITY DEVELOPMENT DIRECTOR THAT THOSE CRITERIA HAVE BEEN MET.

SO AT THIS TIME IT IS STAFF I'M SORRY, STAFF IS ASKING THAT THE PLANNING BOARD SUBMIT A FAVORABLE RECOMMENDATION FOR AN AMENDMENT TO THE TEXT OF THE LAND DEVELOPMENT CODE TO THE CITY COMMISSION AT ITS APRIL 27, 2022 MEETING.

AND THAT CONCLUDES MY PRESENTATION, AND I'LL BE HAPPY TO TAKE ANY QUESTIONS AT THIS TIME.

THANK YOU. YOU WERE VERY THOROUGH.

THANK YOU. VERY THOROUGH.

DO WE HAVE ANY QUESTIONS FROM THE BOARD AT THIS TIME, MADAM CHAIR? I HAVE SOME QUESTIONS. YES, SURE.

MY QUESTIONS ARE RELATED TO THE WINDOW SIGNAGE.

YES. SINCE NO PERMIT IS REQUIRED, IS THERE ANYTHING THAT PREVENTS A BUILDING OWNER FROM HAVING A FACADE SIGN AND THE WINDOW SIGN? SO IF A WINDOW SIGN DOES NOT REQUIRE A PERMIT AND YOU CAN HAVE BOTH, SO THE FACADE SIGN DOES REQUIRE A PERMIT.

AND SO TYPICALLY WE WOULD SEE THAT PERMIT WHEN THE BUSINESS OWNER COMES IN TO DO THEIR SAFETY INSPECTION, WHEN THEY OCCUPY THEIR NEW BUSINESS OR WHEN THEY SUBMIT THEIR BUSINESS TAX RECEIPT. SO THAT'S TWO OPPORTUNITIES FOR US TO INFORM THE BUSINESS OWNER THAT THEY WILL NEED A PERMIT FOR THEIR FACADE SIGN.

AND THAT ALSO, IF THEY ARE GOING TO INSTALL A WINDOW SIGN THAT THEY JUST NEED TO ADHERE TO THE 40%.

OKAY. UNDERSTOOD. COULD YOU GO TO THE SLIDE THAT HAS THE REQUIREMENTS FOR THE WINDOW SIGN? YES.

OKAY. YEAH, THAT ONE IN SECTION ONE OR I, THEY'RE I'M A LITTLE CONFUSED BY THE LANGUAGE BECAUSE IT SAYS WINDOW SIGNS SHALL NOT EXCEED 40% OF THE TOTAL WINDOW AREA PER BUILDING.

SO THEORETICALLY, IF I HAD A WINDOW AREA ON A BUILDING THAT WAS THE TOTAL WINDOW AREA WAS 10,000 SQUARE FEET.

I COULD HAVE 4000 SQUARE FEET OF WINDOW SIGNAGE.

I UNDERSTAND WHAT YOU'RE SAYING HERE, BUT I THINK THAT'S WHY THE SECOND PROVISION IS THERE. IF YOU READ ON IT SAYS THE TOTAL WINDOW AREA IS DEFINED.

SO WE HAD TO DEFINE THE WINDOW AREA BECAUSE WE UNDERSTAND SOMEONE READING THE FIRST SENTENCE WOULD SAY, OH, WELL, I CAN HAVE X AMOUNT OF WINDOW COVERAGE.

BUT THE CODE READS ON TO SAY THAT THE TOTAL WINDOW AREA IS DEFINED AS THE CONTIGUOUS WINDOW PANELS SEPARATED BY DIVIDERS OR MULLIONS LESS THAN SIX INCHES IN WIDTH.

AND SO IF YOU GO TO I THINK I HAVE AN IMAGE HERE, EVEN HERE WHERE YOU SEE THAT THERE ARE DIVIDERS BETWEEN THE WINDOW AND THE THE DOOR AREA AS WELL, AND THEN EVEN WITH THE OTHER HERE AS WELL.

SO AGAIN, THEY'RE ONLY ALLOWED TO OCCUPY THAT SPACE WITHIN THAT AREA WHERE THE DIVIDERS ARE PRESENT.

SO THEY WOULD NOT BE ALLOWED TO EXCEED 40% OF THAT.

SHOULD NOT THE CODE READ THEN THAT IT'S 40% OF THE WINDOW INSTEAD OF 40% OF THE WINDOWS ON THE BUILDING? OF THE TAMARAC VILLAGE ELEVATION THAT YOU HAVE.

YEAH, THAT'S A GOOD EXAMPLE.

BUT THERE WE GO. SO, YEAH, MY UNDERSTANDING OF THE INTENT OF THE CODE IS EACH ONE OF THOSE TENANTS COULD USE 40% OF THEIR WINDOW.

THAT'S CORRECT. BUT IF YOU SAY IT'S 40% OF THE WINDOWS, AS LONG AS THE WINDOWS ARE SPACED MORE THAN SIX INCHES APART.

IF ALL THOSE WINDOWS ARE WITHIN THE SIX INCHES.

IF I'M TENANT NUMBER ONE ON THE LEFT AND NOBODY ELSE HAS ANY WINDOWS SIGNAGE.

WHY WOULD I NOT BE ABLE TO SAY THAT I COULD HAVE 40% OF THE SQUARE FOOTAGE OF ALL FOUR OR FIVE OF THOSE WINDOWS.

BECAUSE YOU'RE ONLY PERMITTED TO PLACE SIGNAGE WHERE YOU ACTUALLY HAVE A LEASE.

SO AGAIN, REALISTICALLY, IF YOU OWN BAY NUMBER ONE AND YOU DID NOT HAVE A LEASE FOR BAY NUMBER TWO, YOU WOULDN'T BE ALLOWED TO PLACE ANY SIGNAGE ON BAY NUMBER TWO.

[01:20:04]

WELL, THERE HAS TO BE A BUSINESS LICENSE FOR EVERY SIGN.

SO, AGAIN, AT THE TIME THAT THE BUSINESS LICENSE IS SUBMITTED, IF IT DOESN'T SHOW THAT THERE IS A BUSINESS OCCUPYING THAT SPACE, THEN THE SIGN WOULD NOT BE PERMITTED EITHER.

RIGHT. BUT I'M SAYING I'M THE OWNER OF THE BUILDING, SO I WOULD BE RENTING TO TENANTS, BUT I DON'T HAVE ANY TENANTS IN.

SO YOU WOULDN'T BE. YES.

SO YOU WOULDN'T BE PERMITTED TO SIGN.

BECAUSE IF YOU'RE IF YOU JUST OWN THE BUILDING, I WOULD BE PERMITTED TO SIGN ON ONE.

IF I IF I AS THEY SAY, MY LANDLORD'S OFFICE WAS IN TENANT ONE, RETAIL ONE.

SO YOU WOULD BE PERMITTED ADVERTISEMENT THERE ALL FOR WINDOWS.

WHY WOULD I NOT BE ABLE TO MAKE MY CALCULATION BASED ON ALL FOUR WINDOWS? I UNDERSTAND WHAT YOU'RE SAYING, BUT OWNERSHIP DOESN'T DICTATE THE ALLOWANCE OF SIGNAGE, THE BUSINESS LICENSE DOES.

AND SO WHEN WE GET A SIGN APPLICATION, ALTHOUGH THEY DON'T HAVE TO SUBMIT A PERMIT FOR WINDOW SIGNAGE, AGAIN, THAT'S OUR ALERT THAT A BUSINESS IS OCCUPYING THAT PARTICULAR SPACE. SO ABSENT OF, YOU KNOW, HAVING A BUSINESS LICENSE, THERE REALLY SHOULD NOT BE ANY SIGNAGE ON THAT SPACE.

EVEN IF YOU ARE THE OWNER, YOU CAN'T PLACE SIGNAGE ON THAT WINDOW AREA.

LET'S SAY THIS WAS A PART OF A STRIP MALL OR LARGER SHOPPING CENTER.

AND THE NAME OF THE SHOPPING CENTER WAS TAMARAC SHOPPING CENTER.

IF I DON'T HAVE ANY TENANTS IN THE SPACE YET, I COULDN'T.

AS THE OWNER, I COULDN'T PUT A SIGN ON THE BUILDING THAT SAYS TAMARAC SHOPPING CENTER.

WELL, THAT'S A FACADE SIGN, SO THAT'S DIFFERENT.

FACADE SIGN IS STRUCTURAL.

AND SO THAT'S THE THE ACTUAL NAME OF THE PLAZA.

SO YOU WOULD BE ALLOWED TO PLACE A FACADE SIGN TO NAME YOUR PLAZA.

BUT AS FAR AS THE INDIVIDUAL BASE, THAT WOULD NOT BE PERMITTED.

OKAY. UNDERSTOOD. SO YOU NEED A SPECIFIC BUSINESS LICENSE FOR THE WINDOW SIGN? MY ONLY COMMENT WOULD BE THAT I THINK THAT THAT SECTION OF THE CODE SHOULD BE WORDED TO SPECIFICALLY SAY IT'S 40% OF THE WINDOW AND A WINDOW IS DEFINED AS SOMETHING THAT HAS DIVIDERS THAT ARE SIX INCHES OR LESS, NOT 40% OF THE BUILDING.

I WILL NOTE THAT.

YEAH, I WILL NOTE THAT.

THANK YOU FOR YOUR COMMENT, MR. NAGY. DO YOU HAVE ANY OTHER QUESTIONS? YES, I DO. ON HIS POINT.

THE WINDOW WITH THE DIVIDERS ON A BUSINESS FRONT.

A STOREFRONT. THE WINDOW AREA INCLUDES THE DIVIDERS.

CORRECT? CORRECT.

SO IT'S NOT FOR OVERLAP. AND THIS THIS PIECE, 40% OF THAT PIECE AND 40% OF THAT PIECE, IT'S 40% OF THE ENTIRETY OF THE WINDOW AREA.

CORRECT. RIGHT. BUT YOU CAN'T OVERLAP THOSE.

AND THEN YOU HAVE TO CHOOSE THE 40% THAT YOU USE.

RIGHT. SO YOU CAN PUT IT IN THIS DIVIDER OR THAT DIVIDER OR OVERLAP IT.

OR A LITTLE PIECE HERE AND A LITTLE PIECE THERE.

CORRECT. CORRECT.

GOTCHA. THE COMP SIGN PLAN, THE COMPREHENSIVE SIGN PLAN PROVISION.

IT MENTIONS A SIGNIFICANT MODIFICATION OF A BUILDING THAT WOULD TRIGGER A COMPREHENSIVE SIGN PLAN THROUGH VERTICAL CONSTRUCTION.

SO GIVE AN EXAMPLE OF WHAT WOULD TRIGGER THAT IN AN EXISTING BUILDING WITH A SECOND FLOOR. DO THEY ADD A SECOND FLOOR?MODIFICATION? IT WAS MORE OF A FACADE RENOVATION.

AND LET'S SAY THEY PUT AN ARCHITECTURAL FEATURE ON IT LIKE A PARAPET OR A TOWER FEATURE WITH A CLOCK ON IT OR SOMETHING.

WOULD THAT TRIGGER THAT? I BELIEVE THE CODE SPEAKS TO THE THRESHOLD BEING A FOUR SIDED.

SO A ANY FACADE RENOVATION THAT WOULD TOUCH ALL FOUR SIDES OF THE BUILDING THEN THAT SO WOULDN'T EVEN HAVE TO BE OCCUPIED SPACE IT WOULD JUST [INAUDIBLE] THE MENU BOARD SIGNS THE FAST FOOD RESTAURANTS THAT ARE CURRENTLY IN THE CITY.

WHEN THEY CAME IN AND BUILT THE ONES THAT THEY HAVE, THEY JUST BUILT THEM TO WHATEVER SIZE THEY FELT LIKE OR? I BELIEVE THOSE WERE JUST LOOKED AT GENERALLY AS SIGNS THAT WERE APPROPRIATE FOR THE FACILITY. BUT YES, THERE WERE THERE..

BUT WAS NO CODE STANDARD, OBVIOUSLY TO HOLD THEM TO.

SO THEY PRETTY MUCH WERE ABLE TO SAY, WELL, THIS IS WHAT WE'RE GOING TO DO.

AND, YOU KNOW, THANK YOU VERY MUCH.

YES. ON THAT, WILL THEY BE CODE COMPLIANT NOW? DO YOU HAVE ANY IDEA WILL THEY BE NON-CONFORMING AS A RESULT OF THE CHANGE? SO AS A RESULT OF OUR FIELD INSPECTIONS, WE FEEL THAT THE MEASUREMENTS THAT WE PROVIDED IN THE PROVISIONS WOULD LEAVE THE VAST MAJORITY OF THE RESTAURANTS THAT WE DO HAVE NOW IN COMPLIANCE. THEY ARE MORE ON THE LARGER SIDE, AND WE NOTICE THAT THAT TENDS TO BE A TREND

[01:25:08]

SO, YES, WE DO BELIEVE THAT JUST BASED ON OUR FIELD OBSERVATIONS THAT THE EXISTING RESTAURANTS THAT WE HAVE NOW, A DRIVE THRU SIGNAGE WOULD STILL REMAIN IN CONFORMANCE WITH THESE PROVISIONS.

BUT THERE IS A POSSIBILITY THAT IT MIGHT BE NON-CONFORMING.

YEAH, ABSOLUTELY.

SO THAT MEANS THAT THEY WOULD HAVE TO COME INTO COMPLIANCE OR NO.

SO WHAT WILL HAPPEN IS IF THEY EVER CHANGE THOSE OUT, WHICH WE NOTICED MCDONALD'S DOES FROM TIME TO TIME, IF THEY CHANGE THOSE OUT, THEY WOULD NEED TO COMPLY.

THE OFF PREMISE SIGN PROVISION IS CONFUSING TO ME.

IT, I HAD TO READ IT MORE THAN ONCE, HONESTLY, BECAUSE I WAS TRYING TO THINK OF AN EXAMPLE OF WHEN THAT WOULD ACTUALLY APPLY.

CAN YOU HELP ME? ABSOLUTELY.

HERITAGE ART GALLERIES WAS ACTUALLY ONE OF THE PARTICIPANTS IN OUR COMMUNITY STAKEHOLDER MEETING. THEIR LOCATED OUT EAST IN THE WHAT WE WOULD CONSIDER MORE OF LIKE TAMARAC'S INDUSTRIAL AREA.

AND IF YOU DIDN'T DRIVE DOWN THAT PARTICULAR STREET, IT'S LIKE OFF THE BACK OF 55TH.

I THINK IT MAY EVEN BACK UP TO THE AIRPORT.

IT'S WAY IN THE BACK.

A LOT OF PEOPLE DON'T EVEN CONSIDER THAT PART OF TAMARAC.

MATTER OF FACT, ON THE PROPERTY APPRAISERS, I THINK IT STILL SHOWS CITY OF FORT LAUDERDALE. AND SO THEY DON'T HAVE ANY PRIMARY FRONTAGE.

AND AS A RESULT OF THE INPUT THAT WE RECEIVE FROM THEM AND OTHER BUSINESSES THAT ARE LOCATED ON THAT SAME BACK ROAD, WE REALIZED THAT THERE WAS A NEED TO GIVE THOSE BUSINESSES AN OPPORTUNITY TO BE ABLE TO DIRECT PATRONS OR DIRECT CUSTOMERS TO THEIR BUILDING. AND SO WE LOOKED AT OTHER CODES, OTHER CITY CODES IN PARTICULAR.

THIS ONE WAS KIND OF MODELED AFTER THE CITY OF JACKSONVILLE.

AND THERE WERE INSTANCES AND UNIQUE, YOU KNOW, EXTENUATING CIRCUMSTANCES WHERE A TENANT MAY NEED OFF PREMISE SIGNAGE TO BE ABLE TO DIRECT, YOU KNOW, PASSERS BY OR POTENTIAL CLIENTS OR PATRONS TO THEIR BUSINESS.

BECAUSE IF YOU ARE NOT TRAVELING ALONG THOSE STREETS, YOU WOULD NOT KNOW THOSE BUSINESSES ARE THERE. SO.

I'M OFF OF COMMERCIAL BOULEVARD IN THE AREA YOU'RE TALKING ABOUT OVER THE AIRPORT IS.

AND I'M TUCKED WAY BACK THERE ON SOME SIDE STREET.

YEAH. YOU CAN GET TO IT AND GET TO IT ON A SIDE STREET.

YEAH. BUT UNLESS I'M ON THAT SIDE STREET, I WOULDN'T EVEN KNOW YOU'RE BACK THERE.

EXACTLY, BECAUSE I'M ON COMMERCIAL BOULEVARD AND I'M GOING WHERE I'M GOING.

SO THAT'S THE KIND OF EXAMPLE YOU'RE GIVING.

EXACTLY. BECAUSE EVEN ALLOW THAT TENANT.

I'M THE PROPERTY OWNER UP FRONT ON COMMERCIAL BOULEVARD.

I'M THE ONE WAY BACK THERE.

I GO TO THE PROPERTY OWNER ON COMMERCIAL BOULEVARD AND SAID, HEY, WOULD IT BE OKAY IF I PUT A SIGN UP HERE AND THE CITY IS INVOLVED AND THE AGREEMENTS ARE SIGNED AND EVERYTHING'S GOOD? THAT'S THE SCENARIO.

THAT IS CORRECT, YES.

OKAY. THANKS. THANK YOU FOR YOUR QUESTIONS.

DO WE HAVE ANY OTHER QUESTIONS? OKAY. IT LOOKS LIKE THE PLANNING BOARD HAS ASKED ALL OF THEIR QUESTIONS AND WE HAVE ANY QUESTIONS FROM THE AUDIENCE, FROM THE PUBLIC.

OKAY. AT THIS TIME, I'D LIKE TO ASK FOR A MOTION FOR FAVORABLE OR UNFAVORABLE RECOMMENDATION. DO YOU HAVE A MOTION? A MOTION TO APPROVE.

THAT WAS GIVEN BY..

SECOND.

RICHARD AND SECOND BY ERIC NAGY.

OKAY. NICOLE CLAIRE.

YES. RICHARD HUGHES.

YES, SIR.

SAJEEN BELL. YES.

DAVID LEVIN.

YES. ERIC NAGY.

YES. VIOLA WATSON.

YES. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION PASSED.

THANK YOU. THANK YOU.

ALL RIGHTY. WE DO HAVE A A COMMENT FROM THE PUBLIC.

WHEN WE GET TO THAT SECTION, I'LL OPEN UP THE SECTION FOR YOU TO COME UP AND SPEAK.

WE'LL ASK YOU TO COME TO THE PODIUM AND MAKE SURE YOU'RE MIC IS ON.

AT THIS TIME, WE'RE GOING TO HEAR ITEM EIGHT C QUASI JUDICIAL HEARING, TBO NUMBER 52 FOR

[8.c QUASI-JUDICIAL HEARING - TBO# 52 - Bowlero Tamarac – Variance]

THE PETITIONERS ARE BAR COMMERCIAL CONSTRUCTION INC.

DESIGNATED AGENT FOR THE PROPERTY OWNER I STAR BOWLING CENTERS LP.

THE CASE NUMBER IS 1-B 22 E SIGN ONE VARIANCE, 2B-22 EAST SIGNED VARIANCE

[01:30:07]

AND FINALLY B-5-B-22 EXCUSE ME, SOUTH SIGNS FIVE VARIANCE.

AND THE PETITION IS SEEKING RELIEF FROM THE FOLLOWING SECTIONS OF THE CITY LAND DEVELOPMENT CODE.

DO I NEED TO READ THEM? IT'S QUITE LENGTHY, BUT I'LL READ IT IF YOU WANT ME TO.

MADAM CHAIR, I BELIEVE THAT IT'S SUFFICIENT TO JUST READ THE ACTUAL SECTION THAT THEY'RE SEEKING A VARIANCE, NOT THE ENTIRE DESCRIPTION OF WHAT THE VARIANCE ENTAILS.

FOR EXAMPLE, IT WOULD BE THE FIRST ONE IS A VARIANCE FROM SECTION 10-4.10 E 2A.

VARIANCE NUMBER TWO IS A VARIANCE FROM SECTION 10-4 10 E 2 A AND 10 4 .10 E 2 B EIGHT.

NUMBER THREE IS A VARIANCE FROM SECTION TEN FOR 10-4.10 E, TWO A AND SECTION TEN FOR 10.10 E TO B EIGHT.

AND THE LAST ONE IS VARIANCES FROM SECTION 10-4.10 E 2A, SECTION 10-4.10 D, 3G1, SECTION 10-4.10 E 2 B EIGHT AND SECTION 10-4.10 E 2 A, SECTION 10-4, 10 D THREE, G ONE, AND SECTION 10-FOUR, 10 E 2 B EIGHT.

THANK YOU. AND THE LOCATION I READ THE ADDRESS LOCATION IS 8501 NORTH UNIVERSITY DRIVE, TAMARAC, FLORIDA, 33321.

AT THIS TIME, WE WILL HEAR FROM THE CITY.

HI. GOOD MORNING. THANK YOU, MADAM CHAIR.

GOOD MORNING. GOOD MORNING.

PLANNING BOARD MEMBERS. CITY STAFF.

AUDIENCE. MY NAME IS CHRISTIAN WATERVAL, ASSOCIATE PLANNER, CITY OF TAMARAC COMMUNITY DEVELOPMENT DEPARTMENT.

TODAY WE'RE DISCUSSING THE BOWLERO TAMARACK PROJECT, LOCATED AT 8501 NORTH UNIVERSITY DRIVE. TAMARAC, FLORIDA, 33321.

BAR COMMERCIAL CONSTRUCTION, INC., DESIGNATED AGENTS FOR THE PROPERTY OWNER ICE STAR BOWLING CENTERS L.P.

IS REQUESTING THE APPROVAL OF A FIVE VARIANCES TO ALLOW FOR FIVE BRAND NEW SIGNS ALONG EACH BUILDING EXTERIOR FACADE FOR THE PROPOSED COMMERCIAL OCCUPANT BOWLERO.

THE PROPERTY OWNERS ARE PROPOSING TO UPGRADE THE ENTIRE SITE FOR THE FUTURE.

BOWLERO AND THE FIVE SIGNS ARE MAINLY PURPOSE FOR REBRANDING.

THE FUTURE LAND USE DESIGNATION OF THE PROPERTY IS COMMERCIAL AND THE COMMISSION DISTRICT IS FOUR. AND THE COMMISSION COMMISSIONER IS DEBORAH PLACKO.

THE SUBJECT PROPERTY IS LOCATED ON A MAJOR CORRIDOR OF THE CITY AND ITS BOUNDARY CITIES ALONG NORTH UNIVERSITY DRIVE AND SOUTHGATE BOULEVARD.

CURRENTLY ADDRESSED AT 8501 NORTH UNIVERSITY DRIVE.

THE STRUCTURE IS EASILY LOCATED ON THE SOUTHWEST CORNER OF NORTH UNIVERSITY DRIVE AND SOUTH GATE BOULEVARD.

THE PROPERTY AREA OF THE SITE IS APPROXIMATELY 5.14 ACRES, OR ROUGHLY 224,000 SQUARE FEET IN SIZE.

THE ZONING CLASSIFICATION OF THE PROPERTY IS MUC MIXED USE CORRIDOR.

THE PROPERTY IS FRAMED BY COMMERCIAL TO THE SOUTH IS RENAISSANCE CHARTER SCHOOL AND TO THE EAST IS SPEEDWAY RACE GAS STATION.

ALSO TO THE NORTH IS TAMARAC VETERANS PARK AND TO THE WEST IS [INAUDIBLE] COUNTRY CLUB GOLF COURSE, WHICH ARE BOTH ZONED RECREATIONAL.

THE BACKGROUND, THE SUBJECT PROPERTY WAS CONSTRUCTED IN 1976 FOR THE SOLE PURPOSE OF PROVIDING AN ENTERTAINMENT CENTER FOR RESIDENTS AND VISITORS ALIKE.

THE STRUCTURE WAS ORIGINALLY BUILT FOR THE TENANT DON CARTER TAMARAC LANES, WHICH WAS AN INDOOR RECREATIONAL BOWLING ALLEY.

THE CURRENT STRUCTURE HAS THE ORIGINAL BUILDING FOOTPRINT OF APPROXIMATELY 58,000 SQUARE FEET, AND THE BUILDING HEIGHT IS 20-FEET.

[01:35:01]

SINCE THE PURCHASE OF THE PROPERTY, THE TENANT SAWGRASS LANES HAS REMAINED ITS OPERATION, AS BOLERO IS LOOKING TO DO A FULL REBRAND IN THE NEAR FUTURE.

AND SHOWN ON THE SLIDE IS A COUPLE OF PHOTOS SHOWING FROM THE SOUTHEAST QUADRANT ON THE LEFT, THE NORTHEAST QUADRANT ON THE RIGHT, AND THE PARK VIEW FROM MEMORIAL PARK FACING THE NORTH ELEVATION.

AND THERE'S A COUPLE OF OTHER PICTURES.

ON THE LEFT SIDE IS THE NORTHEAST QUADRANT FROM UNIVERSITY DRIVE.

AND THE PHOTO ON THE RIGHT IS THE NORTHWEST QUADRANT FACING FROM SOUTHGATE BOULEVARD.

THE PHOTO ON THE LEFT IS THE SOUTHEAST QUADRANT FACING FROM UNIVERSITY DRIVE, AND ON THE RIGHT SIDE IS THE SOUTHWEST QUADRANT FACING FROM RENAISSANCE CHARTER SCHOOL.

PROVIDED IN FRONT OF YOU ON THIS SLIDE IS PHOTOS OF THE INGRESS AND EGRESS.

THERE ARE THREE PHOTOS SHOWN THE PHOTO ON THE LEFT PHOTO NUMBER ONE IS THE INGRESS AND EGRESS POINT TO AND FROM UNIVERSITY DRIVE.

PHOTO NUMBER TWO IS THE INGRESS AND EGRESS POINT TWO AND FROM SOUTH GATE BOULEVARD ON ITS MOST EASTERLY SECTION AND INGRESS PHOTO NUMBER THREE IS THE INGRESS AND EGRESS POINT TO AND FROM SOUTHGATE BOULEVARD ON ITS WESTERN WESTERLY SIDE.

SHOWN IN FRONT OF YOU IS THE BOUNDARY MAP OR THE BOUNDARY SURVEY SHOWING YOU ALL THREE ACCESS POINTS.

AS NOTED BEFORE, ACCESS POINT ONE FROM UNIVERSITY DRIVE ACCESS POINT TWO IS FROM SOUTHGATE ON THE EASTERLY SECTION AND ACCESS POINT THREE IS LOCATED ON THE WESTERLY SECTION OF SOUTHGATE BOULEVARD.

THIS PHOTO REPRESENTS THE NORTH ELEVATION ALONG SOUTHGATE BOULEVARD AND JUST SHOWS SOMEWHAT OF WHERE THE TRAFFIC FLOW ALONG SOUTHGATE BOULEVARD AND APPROXIMATELY, EXCUSE ME, THE PROXIMITY OF THE LOCATION TO THE MAIN CORRIDOR, WHICH IS THE INTERSECTION OF SOUTHGATE BOULEVARD AND UNIVERSITY DRIVE.

THIS PHOTO SHOWS THE FOUR WAY INTERSECTION AND IT REPRESENTS THE CONNECTING INTERSECTION BETWEEN TAMARAC TO THE SOUTH AND THE WEST COAST SPRINGS TO THE NORTH MARGATE AND NORTH LAUDERDALE TO THE EAST.

AS SHOWN IN FRONT OF YOU IS THE LOCATION OF THE PROPOSED SIGNS FOR FIVE SIGNS.

THE. EXCUSE ME, THE ENGINEER ADDED SIGN NUMBER SIX AS FAR AS THE MONUMENT SIGN, BUT VARIOUS REQUESTS ISN'T NEEDED FOR THE MONUMENT SIGN AS IT FITS THE CODE.

AS YOU CAN SEE, THE BUILDING WILL HAVE ALL THE SIGNS ON EACH SECTION OF THE EXTERIOR FAÇADE AND THE EAST ELEVATION FACING NORTH UNIVERSITY WILL HAVE TWO SIGNS ONE ON THE PORTER [INAUDIBLE] AND THE OTHER ONE BASED ON THE FLANK OF THE BUILDING FAÇADE.

ALSO SHOWN ON THE SLIDE BEFORE YOU IS THE VARIANCE REQUEST AND A LIST OF THE LOCATIONS. WHAT'S PERMITTED BY CODE OR THE MAXIMUM? WHAT THEY'RE PROPOSING.

THE DIFFERENCE IN WHAT THEY'RE PROPOSING TO THE PERMITTED AND THE CODE SECTION THAT'S SEEKING RELIEF FROM I.E.

VARIANCE NUMBER ONE IS FOR A LOCATION THE EAST ELEVATION FACING NORTH UNIVERSITY.

THEY'RE PERMITTED BY CODE A 33-INCH MAXIMUM AND THEY'RE PROPOSING 48 INCHES IN WHICH THEY ARE 15-INCHES OVER THE PERMITTED CODE SECTION.

SO THEY NEED RELIEF FROM SECTION 10-4.10 E 2A TABLE 10-4.12 FAÇADE SCIENCE STANDARDS, WHICH SHOWS THAT THE PERMITTED ALLOWED IS 30-INCHES FROM THE ROAD, 30 INCH, EXCUSE ME.

AND THEN THE ADDITIONAL THREE IS FROM THE 50 FEET FOR EVERY I'M SORRY, ONE ADDITIONAL

[01:40:01]

AND FOR SIGN NUMBER TWO.

EXCUSE ME. OKAY. SO THIS IS SIGN NUMBER ONE.

THE EAST ELEVATION.

IT WASN'T PROVIDED IN THE MEMORANDUM AND THE INTEROFFICE MEMORANDUM.

BUT I DID PROVIDE YOU WITH COPIES DUE TO MY LACK OF ADDING IT TO THE MEMORANDUM.

SO IF WE'RE LOOKING AT SIGN NUMBER ONE, THE EAST ELEVATION, WE'RE LOOKING AT THE BOLERO SIGN, WHICH IS BEING PROPOSED.

THEY ARE PROPOSING A SCRIPT SIGN OF FOUR FEET OR 48 INCHES IN HEIGHT AND 12 FEET OR 144 INCHES IN WIDTH.

BUT THEY'RE ONLY RELIEF IS ONLY FOR THE HEIGHT SECTION DUE TO THE CODE ALLOWING 33 INCHES. SO.

YES. SO FOUR FEET IN HEIGHT NEED RELIEF FROM SECTION 10-4.10 E2A TABLE 10-4.12 TO ALLOW FOR A TOTAL FAÇADE CHARACTER ASSIGNED MINIMUM OF 48 INCHES IN LIEU OF THE PERMITTED MAXIMUM OF 33 INCHES.

AND THEY MEET THE OTHER CRITERIA FOR ALL FAÇADE SIGNS WHICH ARE A 25% BOARD OF HEIGHT WHICH IS MET AND 70% FAÇADE WITH WHICH IS MET.

AND THIS IS EAST ELEVATION SIGN NUMBER TWO AND THE BALL AND ANTLERS SIGN IS LOCATED ON THE RIGHT FLANK OF THE EAST ELEVATION.

THEY ARE SEEKING RELIEF FROM SECTION 10-4.10 E2A TABLE 10-4.12 TO ALLOW FOR A TOTAL FOR SIDE CHARACTER MAXIMUM EXCUSE ME FOUR TO ALLOW FOR A TOTAL FAÇADE CHARACTER SIGN HEIGHT OF 60 INCHES IN LIEU OF THE PERMITTED MAXIMUM OF 34 INCHES.

THEY NEED A SECOND RELIEF FROM SECTION 10-4.103 GI TO ALLOW FOR MORE THAN ONE FAÇADE SIDE TO PER FAÇADE TO BREAK UP THE LARGE EXPANSES OF FAÇADE SURFACE AREA.

AND ALSO SECTION 10-4.108 E2B8 TO ALLOW FOR A DIFFERENT FAÇADE DESIGN THAT IS THE SIGN DESIGN ON THE PRIMARY FRONTAGE.

EAST ELEVATION SIGN ONE FACING NORTH UNIVERSITY.

SO MOST CODES.

THE PURPOSE OF 10-4.108 E2BA SINCE BOWLERO SCRIPT SIGN IS THE PRIMARY FRONTAGE SIGN THAT'S REQUIRED.

THEY HAVE TO GET RELIEF FROM THE BALL AND ANTLER THE SIGN AND THE OTHER HALO SIGN THAT'S LOCATED ON THE NORTH.

AND AS YOU CAN TELL ON THE, ON THE SLIDE IN FRONT OF YOU.

ON THE LEFT IS THE EAST ELEVATION BUFFER.

AND I'VE NOTED THAT THERE IS A UNIVERSITY DRIVERS ALONG THE EAST ELEVATION AND IT'S SHOWING THE SAME ON THE PHOTO ON THE RIGHT WHERE THEY HAVE LANDSCAPING.

THAT BLOCKS THE VIEW FROM NORTH UNIVERSITY AT A CERTAIN POINT.

VARIANCE NUMBER THREE IS FOR THE NORTH ELEVATION SIGN.

THEY'RE LOOKING TO DO A HALO SIGN AND THEY NEED RELIEF FROM SECTION 10-4.10 E2A TABLE 10-4.12. TO ALLOW FOR A TOTAL FAÇADE CHARACTER SIGN HEIGHT OF 40 OF 108 INCHES IN LIEU OF THE PERMITTED MAXIMUM OF 24 INCHES.

SO THEY'RE DOING A NINE FOOT HIGH SIGN.

THE BOLERO SCRIPT SIGN ITSELF IS AT FOUR FEET, 11 AND ONE EIGHTH INCHES, AND THE HALO WOULD ULTIMATELY MAKE IT NINE FEET IN TOTAL.

THIS IS ALONG SOUTHGATE BOULEVARD.

THIS IS MORE LOCATED ON THE NORTH EASTERN CORNER OF THE BUILDING.

AND IT'S PRIMARILY ADJACENT TO THE MAJOR CORRIDOR, WHICH IS UNIVERSITY DRIVE IN SOUTHGATE BOULEVARD. THEY ALSO NEED RELIEF FROM SECTION 10-4.10 E2B8 TO ALLOW FOR A DIFFERENT FAÇADE SIGN DESIGN THAT THEN THE SIGN DESIGN ON THE PRIMARY FRONTAGE, WHICH IS EAST ELEVATION SIGN ONE AS STATED BEFORE.

AND HERE ARE PHOTOS THAT.

PROVIDED IN FRONT OF YOU OUR PHOTOS OF THE NORTH ELEVATION BUFFER.

THE PHOTO ON THE LEFT SHOWS THE SOUTHGATE BOULEVARD FROM THE WEST END AND THE NORTH ELEVATION BUFFER, TOO ON THE RIGHT SIDE SHOWS THE SOUTHGATE BOULEVARD FROM THE EAST END.

[01:45:09]

SO JUST TO INFORM YOU.

YES, JUST BEHIND THE WEST ELEVATION IS A GOLF COURSE.

AND ALSO MAYBE ANOTHER 450 FEET AWAY IS RESIDENTIAL HOMES.

AND ONCE AGAIN, THIS LOCATION DOES NOT HAVE A PRIMARY RIGHT OF WAY.

SO WE HAVE TO USE THE MAXIMUM HEIGHT ALLOWED, WHICH WOULD BE 18 INCHES DUE TO IT NOT HAVING A RIGHT OF WAY. ALSO NEEDS RELIEF FROM SECTION 10-4.10 D3G1 TO ALLOW FOR MORE THAN ONE FAÇADE SIDE PER FAÇADE TO BREAK UP THE LARGE EXPANSES OF THE FAÇADE SURFACE AREA ON A NON FRONTAGE FACING FAÇADE.

AND ALSO THE THIRD RELIEF IS SECTION 10-4.10E2B8 TO ALLOW FOR A DIFFERENT FAÇADE SIGN THAN THE SIGN DESIGN ON THE PRIMARY FRONTAGE, WHICH IS EAST ELEVATION ONE FACING NORTH UNIVERSITY.

ALL RIGHT. AND THE FIFTH IS SOUTH ELEVATION FIVE, WHICH IS ANOTHER BALL AND ANTLERS SIGN.

THEY'RE SEEKING RELIEF FROM SECTION 10-4.108E2A TABLE 10-4.12 TO ALLOW FOR A TOTAL GRAPHIC LOGO SIGN HEIGHT OF 96 INCHES OR EIGHT FEET.

EXCUSE ME OR YES, EIGHT FEET IN LIEU OF THE MAXIMUM OF 18 INCHES AS THIS ELEVATION IS NOT FACING A RIGHT OF WAY.

SECTION 10-4.10 D3G1, TO ALLOW FOR MORE THAN ONE SIGN PER FAÇADE TO BREAK UP THE LARGE EXPANSES OF THE FAÇADE SURFACE AREA ON A NON FRONTAGE FACING FAÇADE, WHICH I EXPLAINED EARLIER THAT THEY ARE LOOKING TO SEEK RELIEF FROM HAVING A NON FRONTAGE, NON RIGHT OF WAY FRONTAGE AND ALSO SEEKING RELIEF FROM SECTION 10-4.108 E2B8 TO ALLOW FOR A DIFFERENT FAÇADE SIGN DESIGN THAN THE SIGN DESIGN ON THE PRIMARY FRONTAGE.

EAST ELEVATION SIGN ONE FACING NORTH UNIVERSITY.

AND SHOWN BEFORE YOU IS A PHOTO.

THE PHOTO ON THE LEFT IS THE SOUTH ELEVATION BUFFER.

I PUT AN ARROW TO SHOW YOU THE DISTANCE FROM NORTH UNIVERSITY DRIVE AND TO THE SOUTH OF IT IS RENAISSANCE CHARTER SCHOOL, WHICH THE ELEVATION IS FACING.

JUST TO GIVE YOU ANOTHER VISUAL.

THE SIGN IS LOCATED ON THE BACK END NOT REALLY, NOT CLOSER TO UNIVERSITY DRIVE, BUT IT'S ACTUALLY LOCATED FURTHER TOWARDS THE BACK END OF THE BUSINESS.

AND THE PHOTO ON THE RIGHT IS A PHOTO OF THE BUFFER BETWEEN RENAISSANCE CHARTER SCHOOL AND ALSO OF THE BUILDING ITSELF FROM THE SOUTH ELEVATION.

SECTION 10-5.4 Q VARIANCE QUASI JUDICIAL.

THE PURPOSE OF A VARIANCE IS TO ALLOW CERTAIN DEVIATIONS FROM STANDARDS OF THE LAND DEVELOPMENT CODE. WHEN THE LANDOWNER DEMONSTRATES THAT OWING TO SPECIAL CIRCUMSTANCES OR CONDITIONS BEYOND THE LAND OWNERS CONTROL, THE LITERAL APPLICATION OF THE STANDARDS WOULD RESULT IN UNDUE AND UNIQUE HARDSHIP TO THE LANDOWNER, AND THE DEVIATION WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST.

NEXT ARE THE LAND DEVELOPMENT CODE ALSO IDENTIFIES GENERAL VARIANCE REVIEW STANDARDS TO BE DETERMINED BY THE CITY COMMISSION TO APPROVE THE REQUEST.

THE A GENERAL REVIEW EXCUSE ME, THE A GENERAL VARIANCE REVIEW STANDARDS MUST BE DETERMINED TO ENSURE VARIANCE APPROVAL, EXCUSE ME TO ENSURE VARIANCE APPROVAL ARE SHOWN ON THE SCREEN IN FRONT OF YOU PROVIDING AN INTER-OFFICE MEMORANDUM FOR THE BOWLERO TAMARACK VARIANCE ARE RESPONSES TO THE GENERAL VARIANCE REVIEW STANDARDS AS THEY APPLY TO THE SUBJECT PETITION.

ALL ITEMS SUPPORT GOAL NUMBER FOUR OF THE CITY OF TAMARAC 2040 STRATEGIC PLAN.

[01:50:04]

THE APPROVAL OF THE VARIANCE WILL ALLOW FOR THE DEVELOPMENT OF A VACANT SUBJECT PROPERTY, THEREBY PROVIDING AN OPPORTUNITY TO REVITALIZE THE APPEARANCE, IMAGE AND ATTRACTIVENESS OF THE COMMUNITY. ALSO, THIS ITEM ALSO SUPPORTS POLICY 1.3 OF THE FUTURE LAND USE ELEMENT OF THE CITY OF TAMARAC COMPREHENSIVE PLAN, WHICH STATES THE CITY WILL CONTINUE TO IMPLEMENT ITS CODE OF ORDINANCES AND WILL AMEND THEM AS REQUIRED TO REGULATE FUTURE LAND USE THROUGH PROPER SITE PLANNING, SUBDIVISION AND ZONING PROVISIONS, AND WILL REGULATE SIGNS BY IMPLEMENTING THE SIGN CODE AND WILL CONTINUE TO SUBJECT LAND DEVELOPMENT PROPOSALS TO AN ENGINEERING REVIEW.

CONCERN CONCERNING SEASONAL OR PERIODIC FLOODING.

RECOMMENDATION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION FOR THE PROPOSED FIVE VARIANCE REQUESTS FROM THE REQUIREMENTS OF SECTION 10-4.10 OF THE CITY CODE ORDINANCES TO THE CITY COMMISSION AT ITS APRIL 27TH, EXCUSE ME, AT ITS APRIL 27, 2022 MEETING WITH THE FOLLOWING CONDITION OF APPROVAL. THE ONE CONDITION IS THE APPROVAL OF THE VARIANCE IS CONTINGENT UPON APPROVAL OF THE APPLICATION FOR A SITE PLAN MINOR, WHICH IS DONE ADMINISTRATIVELY FOR SAWGRASS LANES AND LANDSCAPING IMPROVEMENTS AND SITE IMPROVEMENTS.

CASE NUMBER 3-SP-21.

THIS CONCLUDES STAFF'S PRESENTATION, AND I'D BE HAPPY TO ASK ANY QUESTIONS AT THIS TIME.

THANK YOU. THANK YOU FOR YOUR TIME.

I THINK IT MIGHT BE APPROPRIATE TO HEAR THE APPLICANT'S PRESENTATION BEFORE WE ASK QUESTIONS. WOULD THAT BE OKAY? YES. OKAY. SO AT THIS TIME, IS THE APPLICANT HERE.

WOULD YOU LIKE TO COME FORWARD AND ADDRESS THE BOARD? AND WE HAVE BAR COMMERCIAL CONSTRUCTION INC.

OR THE DESIGNATED AGENT FOR [INAUDIBLE] CENTERS LP.

GOOD MORNING. TURN THE MICROPHONE ON, PLEASE.

THERE'S A BUTTON THERE.

NO.

NO, I BELIEVE YOU DON'T HEAR ME.

OKAY. GREAT. RON BAR.

BAR ARCHITECTURE. BAR, COMMERCIAL CONSTRUCTION.

THE APPLICANT FOR THE PROJECT.

I HAVE WITH ME HERE BEN [INAUDIBLE] AND ANDRE [INAUDIBLE] FROM BOWLERO TO ANSWER ANY QUESTIONS FOR YOU.

THANK YOU. AT THIS TIME, DOES THE BOARD HAVE ANY QUESTIONS? I HAVE. IS THIS THE FRANCHISE PALETTE FOR THE COLORS? YES. YEAH, MY NAME IS BEN [INAUDIBLE] WITH BOWLERO.

OKAY, SO THIS IS THE COLORS FOR YOUR FRANCHISE.

CORRECT. WE HAVE TWO MAJOR COLOR SCHEMES.

THIS IS ONE THAT THE CITY PREFERRED.

OKAY. ON THE ILLUSTRATION FOR THE EAST FACING UNIVERSITY.

I DON'T SEE WHERE YOU NOTED THE COLOR THAT'S FOR THE POOR [INAUDIBLE] RIGHT HERE.

IT SEEMS VERY DARK.

I DON'T KNOW IF IT'S A PRINT.

IT'S ACTUALLY A WOOD GRAIN, SYNTHETIC WOOD GRAIN.

SO WE'RE BRINGING AN ARCHITECTURAL FEATURE TO THE FRONT AND TO THE ALTERNATE SIDES OF THE BUILDING. OKAY, I NOTICED THAT AS WELL.

AND I ALSO NOTICED THAT THERE IS A LITTLE BIT OF RENOVATION BEING DONE TO THE POOR [INAUDIBLE] WITH THE WOODGRAIN.

IS THAT UNDER A SEPARATE PERMIT OR STUFF OR IS THAT ON THIS PERMIT FOR THE SIGNS? NO, IT'S NOT UNDER THE PERMIT FOR THE SIGNS.

IT'S ACTUALLY FOR THE SITE PLAN MINOR FOR THE CASE NUMBER 3SP 21.

SO THAT'S DONE ADMINISTRATIVELY, BUT WE'RE LOOKING TO SEEK APPROVAL OF THE VARIANCE FIRST. I'M SORRY, WE'RE LOOKING TO SEEK APPROVAL OF THE SITE PLAN MINOR FIRST BEFORE WE APPROVE. AND THEN THEY'LL COME BACK FOR THE.

CORRECT. RENOVATION.

CORRECT. CORRECT. OKAY.

ARE THE SIGNS ILLUMINATED? YES. ALL THE SIGNS ARE ILLUMINATED.

AND WHY DO YOU NEED A SIGN? NUMBER FIVE? IT'S FACING THE SCHOOL.

IT'S TO THE REAR.

LIKE WHO IS GOING TO.

YEAH, IT WAS. IT WAS ACTUALLY PART OF THE CONVERSATION WE HAD WITH THE CITY.

THE CITY PREFERRED TO HAVE ARCHITECTURAL FEATURES ON THE WALLS TO BREAK THEM UP, SO WE ADDED THE WOODGRAIN TEXTURE TO IT, AND WITH THAT WE WANTED TO BREAK THAT UP EVEN MORE.

SO WE PUT A SIGN ON IT JUST TO KIND OF BREAK IT UP.

AND IT'S MORE OF AN ARCHITECTURAL OR A ARCHITECTURAL SIGN.

IT'S NOT REALLY A LOGO, IT'S JUST KIND OF A FUN ARCHITECTURAL FEATURE.

OKAY. IF I CAN INTERRUPT.

I'M SORRY TO INTERRUPT. [INAUDIBLE].

I'VE NOTICED THAT VIOLA HAS STEPPED AWAY.

DO WE NEED TO WAIT FOR HER TO RETURN? I JUST. THE MINUTES WILL REFLECT THAT SHE STEPPED AWAY.

AND WHEN SHE COMES BACK AND REFLECT THAT SHE CAME BACK IN THE CHAMBERS.

[01:55:02]

OKAY. THANK YOU.

SO. IT'S KIND OF A RHETORICAL QUESTION, BUT WHY ARE YOU APPLYING FOR THE VARIANCE? IS IT JUST SO WE CAN SEE YOUR BUSINESS? BECAUSE WHAT'S YOUR HARDSHIP? WHAT'S YOUR? WELL. WHAT'S THE CIRCUMSTANCES ON THAT? IF I MAY, [INAUDIBLE], I AM THE SENIOR VICE PRESIDENT OF CONCEPT DEVELOPMENT.

THE BUILDING IS PRETTY DATED OUTSIDE, AND BESIDES TRYING TO AND LIVE IN THE OUTSIDE OF THE BUILDING TO LET PEOPLE KNOW THAT IT'S A NEW BUSINESS, NEW AND EXCITING BRAND, WE ALSO HAVE PLANS TO RENOVATE THE INTERIOR, SO WE NEED THE INTERIOR TO MATCH THE EXTERIOR.

SO WHEN NEW PATRONS COME IN, THEY HAVE A FULL EXPERIENTIAL EXPERIENCE IN OUR SPACE.

AND WE NEED TO LET PEOPLE KNOW THAT ARE DRIVING BY, THAT HAVE KNOWN THIS PAST OWNER OR THIS PAST BUILDING FOR SO MANY YEARS, THAT SOME OF THE NEW MANAGEMENT IMPROVEMENTS HAVE BEEN MADE TO THE BUILDING.

AND IT'S A DIFFERENT BUSINESS.

IT'S A DIFFERENT SPACE.

PURELY MARKETING. I BEG YOUR PARDON? IT'S PURELY MARKETING.

MARKETING. I WOULDN'T SAY IT'S PURE MARKETING.

I THINK THAT WE'RE TRYING TO BE COHESIVE WITH WHAT WE'RE DOING INSIDE.

WE NEED TO MAKE THE OUTSIDE LOOK BETTER AS WELL.

AND AS YOU CAN SEE ON THE EXISTING PICTURES, THE BUILDING DOES NOT REFLECT THE ENERGY THAT THE BRAND BRINGS TO THE COMMUNITY.

AND THAT'S WHAT WE WANT TO DO.

WE WANT THE EXTERIOR TO REFLECT THE BRAND AND ALSO THE WORK THAT WE ARE DOING ON THE INSIDE. I GUESS [INAUDIBLE] YOUR BRAND.

CORRECT, YES.

AS I MAY INTERJECT, AS IT RELATES TO THE VARIANCE ITSELF AS TO YOUR QUESTION, THE INTENT IS IT'S SUCH A LARGE BUILDING, SUCH AN EXPANSE, THAT IT'S NICE TO BREAK IT UP IN THE VARIANCES REQUIREMENT.

ARE YOU AGREE WITH THAT? YEAH.

YEAH. FOR THE CITY, I NOTICED THAT THE VARIANCES ARE PROBABLY AT SOMETIMES TWICE AS MUCH AS WHAT'S REQUIRED.

CORRECT. SOME OF THAT YOU'RE SAYING YOU CAN'T BE SEEN FROM UNIVERSITY.

NOT NECESSARILY AT CERTAIN POINTS OF THE INTERSECTION.

SO IF WE'RE TALKING JUST THE EAST ELEVATION, WHAT'S SHOWN IN FRONT OF YOU ONCE YOU GO DOWN MAYBE ANOTHER 40 TO 50 FEET, THERE ARE THE EXISTING TREES THAT'S THERE APPROXIMATELY MAYBE SEVEN OR TEN TREES ALONG NORTH UNIVERSITY.

AND IT'S HARD FOR DRIVERS GOING NORTHBOUND TO SEE THE FRONT OF THE FAÇADE.

SO DID YOU DO LINE OF SIGHT STUDIES AND FROM THE DIFFERENT ANGLES AND STUFF? NOT NECESSARILY JUST MY OWN INTERPRETATION.

AND ALSO I'VE BEEN OUT THERE.

I'M THE ONE THAT TOOK THE PHOTOS.

SO I'M FAMILIAR WITH THE SITE.

RIGHT. AND JUST. YES, JUST KNOWING THE LOCATION.

YEAH. THEY HAVE SOME TREES THAT WOULD HINDER ANY RESIDENTS OR VISITORS, ANY PASSER BUYERS THEY WOULDN'T BE ABLE TO SEE FROM UNIVERSITY.

FAKE GOING NORTH.

RIGHT. OKAY.

BECAUSE I AM FAMILIAR.

I LIVE JUST AROUND THE AREA AND I KNOW IT'S SAWGRASS LANES, SO I KNOW WHERE THE SIGNS ARE. BUT OKAY. SO HAVE YOU BEEN TO TO SAWGRASS LANES BEFORE? I HAVE MANY, MANY TIMES.

SO. I DIDN'T KNOW IT WAS ON THE NEW MANAGEMENT.

SO WITH THIS NEW RENOVATION AND STUFF, I GUESS WE WILL SEE.

ALL RIGHT. THANK YOU. THANK YOU FOR YOUR QUESTIONS.

DO YOU HAVE ANY OTHER QUESTIONS, RICHARD? THIS IS TO STAFF.

IF NOT, IF.

WHAT WOULD BE CODE COMPLIANT? HOW MANY SIGNS ON THIS BUILDING WOULD BE CODE COMPLIANT? ONLY TWO, WHICH WILL BE THE ONE EAST ELEVATION SIGN, ONE ANYWHERE ALONG THE FAÇADE AND ALSO ON A SOUTH GATE, WHICH IS THE NORTH ELEVATION.

SO ONLY TWO. OKAY.

SO THE FRONTAGE.

CORRECT. RIGHT. SO TWO FRONT YARD SIGNS ATTACHED TO THE BUILDING PLUS THE MONUMENT SIGN.

A TOTAL OF THREE. CORRECT.

WOULD BE CODE COMPLIANT? YES, SIR. JUST IN TERMS OF NUMBER.

YES. OKAY. SO IN TERMS OF QUANTITY, THEY'RE EXCEEDING THE CODE BY HOW MUCH? SPEAKING IN REFERENCE TO HOW MANY SIGNS? SIGNS, JUST THE PURE NUMBER OF SIGNS? PURE NUMBER OF SIGNS THAT EXCEED THEM BY THREE.

BY THREE, OKAY. SO THAT'S ONE PART.

THE OTHER PART IS THAT THEY ARE EXCEEDING THE DIMENSIONS IN SOME FORM OR THE HEIGHT OR TOTAL AREA OF THE PROPOSED ALL OF THE PROPOSED ATTACH SIGNS, THE MONUMENT SIGNS NOT NOT NON-COMPLIANT. IT'S COMPLIANT.

SO IT'S NOT PART OF THIS APPLICATION.

CORRECT. SO THAT'S THE SECOND PART THAT THEY'RE VARYING FROM THE CODE.

SO NOT ONLY ARE THEY ASKING FOR MORE THAN WHAT'S ALLOWED, THEY'RE ASKING FOR LARGER THAN

[02:00:04]

NOW, I DON'T SEE FIVE VARIANCES HERE.

COULD YOU EXPLAIN HOW YOU GET TO THE NUMBER FIVE? BECAUSE I SEE A LOT MORE THAN THAT.

NO. SO WHEN STATING THE FIVE SIGNS THAT'S PERMITTED, BUT THERE ARE 12 VARIANCES THAT NEED TO RELIEF, WHICH THERE ARE REOCCURRING CODE SECTIONS.

RIGHT. SO IF WE'RE GOING BACK TO I.E.

EAST ELEVATION ONE, THIS IS ONE VARIANCE THAT SEEKS RELIEF.

EAST ELEVATION TWO IS SEEKING RELIEF FROM THREE VARIANCES FROM THREE DIFFERENT CODE SECTIONS. NORTH ELEVATION THREE IS SEEKING TWO AND SO FORTH.

RIGHT. SO TECHNICALLY SPEAKING, THERE'S MORE THAN FIVE VARIANCES HERE.

THERE WILL BE 12 IN TOTAL.

YES. JUST SO THAT'S CLEAR.

I NOTICED ON THE THE BACK UP HERE, THERE WAS A REFERENCE TO SECTION 10-4.10, SUBSECTION F, SUBSECTION 14.

BUT I DON'T KNOW THAT YOU MENTIONED THAT.

I DID NOT. THAT'S.

IT WAS REDACTED.

OH, WAS IT? MULTIPLE TIMES.

YEAH, THAT WAS ONE OF THE ROUGH EDITS I DID, BUT THAT'S NOT ACCURATE.

OKAY, SO JUST FORGET THAT.

I CAN PROVIDE YOU WITH AN UPDATED COPY OF THE MEMO.

THAT'S OKAY. I JUST.

THAT'S WHAT I WAS WORKING OFF OF, SO I.

OKAY, SO IT'S NOT PART OF THIS ANYMORE? YEAH. CORRECT.

OKAY. SO THE NUMBER AND THE SIZE ARE TWO OF THE SIGNIFICANT, I THINK, VARIANCES HERE AND NOT ONLY THE NUMBER OF SIGNS BUT ALSO THE NUMBER OF VARIANCES.

SO THERE'S THREE THINGS HERE THAT STAND OUT TO ME THAT YOU'RE REALLY ASKING FOR AN UNUSUALLY NUMBER, A LARGE NUMBER OF RELIEF FOR SOMETHING THAT IS NOT TYPICALLY ASKED FOR FROM A PURE VARIANCE POINT OF VIEW.

WITH RESPECT TO SOMETHING THAT'S UNIQUE TO THE PROPERTY, THE BUILDING SETBACK THAT'S UNDERSTOOD. BUT YOU HAVE TO FRONTAGES ON MAJOR ROADS, ESPECIALLY UNIVERSITY.

THERE IS LANDSCAPING ON UNIVERSITY DRIVE, BUT IT'S NOT THAT SIGNIFICANTLY BLOCKING THE VIEW IN MY VIEW.

SO I DON'T SEE THE HARDSHIP HERE.

AND ESPECIALLY SINCE CODE ALLOWS YOU SOME.

REASONABLE SIGNAGE HERE TO START THROWING A LOT OF STUFF AROUND THE BUILDING HERE AND ASKING FOR THAT EXTENT OF RELIEF, I THINK IS EXTREME AS I VIEW THE REQUEST.

AND FINALLY, I JUST I NOTICED IN THE BACKUP LETTER FROM THE ARCHITECT SAID THE CITY HAD, IT REFERENCED AN ART BASED SIGN REQUESTED BY THE CITY.

ONE OF YOU TOUCHED ON THAT A MINUTE AGO.

CAN YOU EXPLAIN A LITTLE MORE ABOUT WHAT THE CITY WAS SAYING ABOUT THAT? I DIDN'T QUITE UNDERSTAND ART BASED SIGN.

IS THAT JUST SOMETHING YOU WOULD PAINT THAT WOULD LOOK NICE ON A BUILDING OR IS IT AN ACTUAL PHYSICAL SIGN OF THE ILLUMINATED AND WOULD HAVE ARTISTIC FEATURES TO IT? YEAH, ABSOLUTELY. LIKE WHAT THEY WERE ASKING.

AND IS THAT.

ABSOLUTELY. AND I'M GLAD YOU BRING THAT QUESTION UP, BECAUSE THE SIGNAGE THAT WE'RE SEEKING VARIANCES FOR THE BALL AND ANTLERS, WHICH TO US ARE ARTISTIC SIGNAGE, IT'S NOT A BRANDED SIGN.

THOSE ARE THE ELEMENTS THAT WE BROUGHT IN TO BREAK UP THE WALLS, ARTISTIC OR REPRESENTING, YOU KNOW, THE LARGE EXPANSE.

THEY WANTED SOME ARCHITECTURAL FEATURES.

WE BROUGHT IN THE WOODGRAIN ELEMENTS.

WE BROUGHT IN THE MORE ARTISTIC SIGNAGE TO HELP BREAK THE WALLS UP ARCHITECTURALLY.

SO THAT WAS ONE THING.

I DO WANT TO ALSO TOUCH ON THAT SOME OF THE VARIANCES REQUESTING ARE YOU MENTIONED THE SIZE OF THE SIGN. SO OUR LOGO IS AT A AT AN ANGLE WHICH PRESENTS AN ISSUE.

AND THEN WITH THE HALO SIGN THAT VARIANCE.

YES, IT'S TWICE THE SIZE OF THE ALLOW, MORE THAN TWICE THE SIZE OF THE ALLOWABLE SIGN.

BUT IT'S THE HALO THAT KIND OF BRINGS THAT VARIANCE IN.

RIGHT? IF WE DIDN'T HAVE THE HALO, YOU KNOW, IT WOULDN'T BE THAT.

BUT WE'RE JUST TRYING TO BREAK UP THE SIZE OF THE WALL BASED ON THE CITY'S REQUEST.

IF ON, SAY, THE NORTH ELEVATION.

THIS IS ON SOUTHGATE IF YOU DIDN'T ASK.

WELL, YOU'RE ASKING FOR THE SIZE THERE.

MAYBE. COULD YOU USE PAINT OR SOMETHING INSTEAD OF, HERE'S A QUESTION FOR STAFF.

LET'S SUPPOSE YOU PAINTED THE WORDS BOWLERO ON THERE.

WOULD THAT BE CONSIDERED A SIGN? IF YOU JUST USE PAINT, YOU'RE JUST LIKE PART OF THE PAINTING OF THAT FAÇADE.

AND THEY WROTE BOWLERO ON SCRIPT.

WOULD THAT BE A SIGN? GOT IT.

YES, IT WILL BE PART OF THE BRANDING.

WE DON'T ALLOW PAINTED SIGNS.

OKAY. SO GOTCHA.

WHERE I WAS GOING WITH THAT WAS THAT YOU COULD MAYBE ACCOMPLISH SOMETHING THROUGH REPAINTING OF THE BUILDING AND GET IT TO STAND OUT AND POP WITH COLOR AND MAYBE BE

[02:05:01]

AND IT'S NOT ALLOWED. OKAY.

SO WITH RESPECT TO THE HALO OVER THE AROUND THE BOWLERO SCRIPT THAT'S IN THAT'S PART OF THE REASON YOU'RE SAYING THAT THE SIGN THE SIZE GETS BEYOND WHAT.

SO IF IT WEREN'T FOR THAT, WOULD IT BE COMPLIANT? WITH JUST THE SCRIPT BE COMPLIANT.

I'M SORRY. CAN YOU REPEAT THAT? I'M SORRY.

THEY WERE JUST REPRESENTING THAT THE HALO FEATURE AROUND THE SCRIPT BOWLERO IS PART OF THE REASON WHY THEY'RE REQUESTING A VARIANCE IS THE SCRIPT ITSELF THAT, SAYS BOWLERO, IS THAT COMPLIANT? IF IT WAS JUST THE WORD.

OH, NO, NO, IT IS NOT.

THEY WOULD STILL NEED TO SEEK RELIEF FROM THE BOWLERO.

SO THE HALO JUST ADDS ON TO THAT.

JUST MAKES IT EVEN MORE.

CORRECT. WELL THE THE BOWLERO SIGN IS SLIGHTLY SLANTED, WHICH ALSO INCREASES WHEN YOU'RE TAKING THE REAL MEASUREMENT IS GOING TO INCREASE THAT LENGTH.

BUT IT'S NOT REALLY THAT THE LETTERS THEMSELVES ARE THAT HIGH, IT'S JUST THAT IT'S SLIGHTLY SLANTED. SO IT'S KIND OF AN ILLUSION, CORRECT? GOTCHA. I SHOULD HAVE THOUGHT THAT BETTER WHEN I WAS DESIGNING IT.

GOT IT. OKAY.

THAT'S IT FOR ME. THANKS.

THANK YOU FOR YOUR COMMENT.

DO YOU HAVE ANY OTHER QUESTIONS OR COMMENTS? FROM THE BOARD. [INAUDIBLE] WHEN WE VOTE ON THE VARIANCES, ARE WE DOING IT AS A [INAUDIBLE] CAN WE APPROVE? EACH LOCATION.

THAT'S A QUESTION FOR FOR JOHN.

YES, YOU'D BE VOTING ON EACH ELEVATION.

SO YOU START START WITH SIGN ONE THAT ELEVATION SIGN TWO SO ON AND SO FORTH.

OKAY, THANK YOU. OKAY.

TO SAY IT DIFFERENTLY.

YOU CAN APPROVE ONE OR NONE OR ANY NUMBER IN BETWEEN THE WHAT'S BEING ASKED FOR AND THE BUT GIVEN THE FACT THAT THE THAT THIS IS A QUASI JUDICIAL HEARING, IF YOU WERE TO MAKE A DETERMINATION ULTIMATELY AS A BOARD TO GRANT SOME OF THE VARIANCES AND DENY THE OTHER VARIANCES YOU WOULD NEED TO FOR THE PURPOSE OF THE RECORD, VERBALIZE WHY YOU'RE GRANTING DETERMINING THAT SOME OF THE REQUEST MEET THE CRITERIA OF THE CODE AND THE OTHERS DON'T.

OKAY. I UNDERSTAND.

SO WITH THAT COMMENT, JOHN, I'M NOT SURE I UNDERSTAND WE'RE GOING TO VOTE.

I'M GOING TO GO AHEAD AND CALL THE VOTE PER SIGN.

AND I FROM WHAT I'M HEARING FROM THE BOARD, I THINK THAT THERE MAY BE SOME CONFLICT ON SOME OF THE SIGNAGE.

HOWEVER, I'M NOT SURE THAT I'M ABLE TO ARTICULATE FOR THE BOARD MEMBERS WHAT CONCERNS THEY HAVE. SO HOW WOULD YOU LIKE ME TO HANDLE WHEN I GET TO THAT SECTION, THAT SIGN? WELL, I WOULD DIRECT YOU TO AS YOU TAKE UP EACH ITEM OR REQUEST.

TAKE ME A MOMENT HERE.

IF YOU GO TO PAGE 77 OF YPUR PACKET, YOU WILL SEE THE STAFF REPORT AND THE LIST.

I DON'T HAVE A PAGE 77 IN MINE.

DOES ANYONE ELSE HAVE? I DON'T THINK WE HAVE. OH, I HAVE A.

IT'S ELECTRONIC.

YEAH, I HAVE A LARGER VERSION.

I'M SORRY. WHAT? YEAH. IT'S THE STAFF MEMORANDUM.

IF YOU GO TO THE STAFF MEMORANDUM UNFORTUNATELY WHERE WHAT PAGE, IT'S ON YOUR VERSION OF THE AGENDA. I DON'T KNOW BUT IT IS THERE THEY GO IN SEQUENTIAL ORDER OF WHAT THE REQUEST VARIANCE IS AND THE APPLICATION THE CRITERIA.

SO MADAM CHAIR, TO YOUR POINT, THEN IT WOULD BE UP TO WHOEVER IS MAKING THE MOTION ON EACH ONE OF THOSE TO SAY ON VARIANCE REQUEST NUMBER ONE.

BASED UPON THE EVIDENCE TESTIMONY PRESENTED HERE THIS MORNING, I FIND THAT THE APPLICANT DOES NOT MEET THE CRITERIA SET FORTH IN THE STAFF REPORT.

I UNDERSTAND. SECOND, VOTE AND THEN YOU MOVE ON TO THE NEXT ONE.

THANK YOU FOR THAT CLARIFICATION.

ALL RIGHTY. DO WE HAVE ANY FURTHER QUESTIONS FROM THE BOARD? CAN WE POP EACH OF THE ONES WE'RE GOING TO VOTE ON ON THE SCREEN WHEN WE ARE READY? SURE. ARE WE ABLE TO HAVE AS WE'RE GETTING TO EACH ITEM, ARE YOU ABLE TO DISPLAY THAT

[02:10:06]

THANK YOU. SO YOU DON'T NEED THE CODE SECTION.

YOU JUST NEED THE PHOTO AND THE RENDERING? YES. I THINK THAT WILL HELP JOG MEMORY.

OKAY. DO I HAVE ANY OTHER QUESTIONS? ARE WE? OKAY. WE'RE PRETTY SATISFIED HERE.

DO WE HAVE ANYONE FROM THE AUDIENCE WHO WOULD LIKE TO COME UP AND SPEAK? I THINK WE HAVE ONE PERSON THAT HAS SIGNED UP.

I CAN'T READ THE NAME. I THINK IT'S ROUP.

A RESIDENT OF DAVIE, FLORIDA 3314.

OH, OKAY.

OKAY. IS YOUR NAME RUE? RON. OKAY.

OKAY. SORRY ABOUT THAT. ALL RIGHT.

SO THEN WE'RE GOING TO GO AHEAD AND MOVE FORWARD.

I'D LIKE TO CALL FOR A MOTION, FAVORABLE OR UNFAVORABLE, FOR THE RECOMMENDATION TO THE CITY COMMISSION FOR ITEM NUMBER ELEVATION EAST ELEVATION SIGN NUMBER ONE.

SECTION 10-4.10E SUBSECTION E2A.

DO WE HAVE A MOTION? AND IT'S ON THE SCREEN HERE.

THEY REFERENCE. OH.

I PREFER [INAUDIBLE] RECOMMENDATION.

THANK YOU. A MOTION MADE BY ERIC [INAUDIBLE].

SECOND. SECOND MADE BY [INAUDIBLE].

NIKOLE CLEARE.

YES. RICHARD HUGHES? NO. [INAUDIBLE] YES.

DAVID LEVIN.

YES. ERIC GNAGE.

YES. VIOLA WATSON.

YES. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION WITH CONDITIONS AS OUTLINED BY STAFF PASS.

THANK YOU. I'D LIKE TO ASK FOR A MOTION FAVORABLE OR UNFAVORABLE FOR THE RECOMMENDATION TO THE CITY COMMISSION FOR ITEM OR SIGN NUMBER TO EAST ELEVATION SIGN TWO, SECTION 10-4.10 SUBSECTION E2A.

CAN WE? IT'S ON THE MONITOR.

YES, MA'AM. I'LL MAKE A MOTION FOR THAT.

A MOTION MADE BY MR. DAVID LEVINE. SECOND.

SECOND BY MR. ERIC GNAGE.

OKAY. NIKOLE CLEARE? YES. RICHARD HUGHES? NO. [INAUDIBLE]? NO. DAVID LEVIN YES.

ERIC GNAGE.

YES. VIOLA WATSON.

YES. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION WITH CONDITION AS OUTLINED BY STAFF.

PASSED FIVE TO TWO.

I'D LIKE TO ASK FOR A MOTION TO MAKE A FAVORABLE OR UNFAVORABLE RECOMMENDATION TO THE CITY COMMISSION FOR NORTH ELEVATION SIGN THREE SECTION 10-4.10 SUBSECTION E2A AND SECTION 10-4.10 SUBSECTION E2B8.

DO WE HAVE A MOTION? I'LL MAKE A MOTION FOR THAT.

MOTION MADE BY MR. DAVID LEVINE. SECOND.

SECOND BY VIOLA? YES. SECOND BY VIOLA.

I'M SORRY. I THOUGHT ON EAST ELEVATION SIGN TWO, YOU WERE DOING A SECTION BY SECTION BECAUSE YOU CALLED OUT THE SECTION TEN.

I'M SORRY. I'LL GO BACK.

I REALIZE THAT, TOO. AS I READ THE TWO, I JUST REALIZED THAT I'LL GO BACK.

WE HERE TO HELP EACH OTHER. THANK YOU.

SO RIGHT NOW WE'RE FOCUSING ON BOTH SECTIONS.

IF YOU LOOK AT YOUR BOOKLET HERE, IT SAYS SECTION 10-4.10, SUBSECTION E2A AND SECTION 10-4.10, SUBSECTION E2B8.

WE'RE GOING TO VOTE ON BOTH OF THEM AT THIS TIME.

AND WE'VE HAD A MOTION TO MOVE BY MR. DAVID LEVINE, A SECOND BY VIOLA WATSON.

DO YOU GUYS UNDERSTAND WHAT WE'RE VOTING ON? OKAY. QUESTION.

SO ARE WE SCRAPPING THE? ARE WE DOING AWAY WITH THE VOTING EARLIER? IF WE'RE OKAY TO YOU KNOW WHAT, LET'S DO WE'LL DO SECTION SIGN TWO OVER AFTER YOU SIGN THREE, I'LL GO BACK AND I'LL DO IT ALL OVER AGAIN.

SO THERE'S NO CONFUSION. IF I MAY.

IF IT WOULD, IT WOULD BE APPROPRIATE AND IS IF THE IF YOU WE REQUEST THE BOARD MEMBERS TO

[02:15:09]

FOR THE RECORD, ARE THERE TWO OR FOUR? THERE'S ACTUALLY THREE.

JUST SAY ALL SECTIONS ASSOCIATED WITH SIGN TWO.

ALL REQUESTED VARIANCES RELATED TO EAST ELEVATION SIGN NUMBER TWO.

OKAY. BECAUSE THERE'S MORE THAN ONE.

OKAY. DOES THE BOARD UNDERSTAND? SO SHOULD I. SHOULD WE VOTE ON NUMBER 3 OR STOP HERE AND GO BACK TO TWO? NO, I JUST FOR THE, I THINK THAT FOR THE PURPOSES OF MAKING SURE THE RECORD IS CLEAR IS THAT WE THAT YOU REQUEST EACH BOARD MEMBER TO CONFIRM THAT THEIR VOTE WITH REGARD TO EAST ELEVATION SIGN NUMBER TWO INCLUDES ALL OF THE REQUEST.

I'LL DO THAT. OKAY.

AGAIN, I APOLOGIZE FOR MY CONFUSING THE WAY THAT I READ THAT.

I JUST WANT TO CONFIRM THAT EACH BOARD MEMBER YOUR VOTE IS FOR ALL SECTIONS.

YAY OR NAY FOR ALL SECTIONS.

YES. YES. YES.

THAT'S CONFIRMED.

YES, YES, YES TO NO, YES TO NO FOR ME.

NO TO ALL. THANK YOU FOR YOUR SUPPORT ON THAT.

ALL RIGHT. WE'RE GOING TO MOVE AHEAD TO SECTION TO SIGN THREE, NORTH ELEVATION, SIGN THREE. AND AGAIN, THIS IS GOING TO BE ADDRESSING BOTH SECTION 10-4.10, SUBSECTION E2A AND SECTION 10-4.10, SUBSECTION 2B8.

DO I HAVE A MOTION FOR FAVORABLE OR UNFAVORABLE RECOMMENDATION TO THE CITY COMMISSION? MAY I HAVE? MOTION.

MOTION MADE BY VIOLA.

SECOND. SECOND GIVEN BY DAVID.

SO. NIKOLE CLEARE.

YES. RICHARD HUGHES? NO. [INAUDIBLE]? YES. DAVID LEVIN.

YES. ERIC GNAGE.

YES. VIOLA WATSON.

YES. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION WITH CONDITIONS OUTLINED BY STAFF.

PASS FIVE TO ONE.

WEST ELEVATION SIGN FOR SECTION 10-4.10 SUBSECTION E2A SECTION 10-4.10 SUBSECTION D AS AN DAVID 3GI.

SECTION 10-4.10, SUBSECTION E2B8, SECTION 10-4.10 SUBSECTION F14.

DO I HAVE A MOTION FOR FAVORABLE OR UNFAVORABLE RECOMMENDATION TO THE CITY COMMISSION? I'M SORRY, MADAM CHAIR.

THE SECTION 10-4.10 F14 SHOULD BE STRIPED.

SO WE'RE NOT VOTING ON THAT, CORRECT? THE FIRST THREE ARE CORRECT.

THE LAST ONE SHOULD BE STRIPED.

GOT IT. DO I NEED TO READ THEM AGAIN, JOHN? WE'RE GOOD TO GO. THE RECORD WILL REFLECT THAT IT'S JUST THE ONE VARIANCE THAT'S BEING REQUESTED. ALL RIGHT, SO WHAT WE'RE ONLY VOTING ON THE FIRST THREE.

DO WE HAVE A MOTION? MOTION. BY VIOLA AND I THINK DAVID'S.

SECOND. YES.

NIKOLE CLEARE.

YES. RICHARD HUGHES.

NO. [INAUDIBLE].

YES. DAVID LEVIN.

YES. ERICA GNAGE.

YES. VIOLA WATSON.

YES. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION WITH CONDITIONS OUTLINED BY STAFF PASSED 5 TO 1.

OKAY. AND FINALLY, SOUTH ELEVATION SIGN NUMBER FIVE, SECTION 10- 4.10, SUBSECTION E2A SECTION 10-4.10.

SUBSECTION D AS AN DAVID 3GI SECTION SUBSECTION E2B8,

[02:20:07]

SUBSECTION F14.

DO WE HAVE A MOTION TO MAKE A FAVORABLE OR UNFAVORABLE RECOMMENDATION TO THE CITY COMMISSION? I'LL MAKE THE MOTION.

MOTION MADE BY DAVID.

SECOND. SECOND BY VIOLA DAVIS.

NIKOLE CLEARE.

YES. RICHARD HUGHES.

NO. [INAUDIBLE] NO.

DAVID LEVIN. YES.

ERIC GNAGE.

YES. VIOLA WATSON.

YES. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION PASSED.

SORRY, WITH CONDITIONS AS OUTLINED BY STAFF PASSED 4 TO 0.

4 TO 2. SORRY.

THANK YOU. WELCOME TO OUR CITY.

THANK YOU FOR THE SUPPORT.

THANK YOU SO MUCH FOR YOUR TIME.

[INAUDIBLE] REALLY EXCITED TO BECOME A PART OF YOUR COMMUNITY FOR A VERY LONG TIME.

THANK YOU. THANK YOU.

THANK. ALL RIGHTY.

MOVING TO THE NEXT ITEM ON THE AGENDA, WHICH IS ITEM 8D AS AN DAVID.

[8.d QUASI-JUDICIAL HEARING - TBO# 51 - Trapeze – Members Only Management, LLC – Administrative Appeal]

THE PETITIONERS ARE RUSSELL, [INAUDIBLE] ESQUIRE, DESIGNATED AGENT FOR THE BUSINESS OWNER MEMBERS OWNER ONLY MANAGEMENT LLC CASE NUMBER 6B AS IN BOY, DASH 22.

PETITION ADMINISTRATIVE LEAVE OF RESPONSE TO ZONING VERIFICATION REQUEST RENDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT ON FEBRUARY 18, 2022.

THE LOCATION IS 6830 NORTH UNIVERSITY DRIVE TAMARAC, FLORIDA.

33321. WILL FIRST HEAR FROM STAFF.

YES, BASED UPON THE NATURE THAT THIS IS A AN INTERPRETATION OF STAFF'S.

A REQUEST FOR AN ADMINISTRATIVE APPEAL OF STAFF INTERPRETATION.

GIVEN THE CIRCUMSTANCES, THIS PARTICULAR INSTANCE, AGAIN, BECAUSE [INAUDIBLE] NATURE, THE APPLICANT SHOULD GO FIRST AS THEY CARRY THE BURDEN OF DEMONSTRATING THAT STAFF'S INTERPRETATION IS NOT APPROPRIATE.

AND AGAIN, IF YOU ARE PERSUADED TO THAT EFFECT, THEN IT WOULD BE APPROPRIATE FOR YOU ALL TO MAKE A MOTION TO GRANT THE ADMINISTRATIVE APPEAL ON THE.

ON THE OTHER HAND, IF AFTER HEARING ALL OF THE PRESENTATIONS BY THE APPLICANT AND BY STAFF, YOU BELIEVE THAT STAFF'S INTERPRETATION IS APPROPRIATE WITHIN THE FOUR CORNERS OF THE CODE, THEN IT WOULD BE APPROPRIATE TO MAKE A MOTION TO UPHOLD THE STAFF INTERPRETATION. OKAY.

THANK YOU FOR THAT. SO WE'RE GOING TO HEAR FROM THE APPLICANT FIRST.

OKAY. GOOD MORNING TO THE CHAIR, TO THE MEMBERS OF THE PLANNING BOARD, TO CITY ATTORNEY, CITY STAFF MEMBERS OF THE PUBLIC WHO ARE PRESENT.

MY NAME IS RUSSELL [INAUDIBLE] AND I'M THE ATTORNEY AND DESIGNATED AGENT FOR MEMBERS ONLY MANAGEMENT LLC.

THAT'S THE APPLICANT.

THAT LLC OPERATES A CLUB WITHIN THE CITY OF TAMARAC KNOWN AS TRAPEZE, ALSO PRESENT THIS MORNING. AND IN THE AUDIENCE ARE ALAN MOSTOW AND DENNIS FREELAND SEATED IN THE BACK.

THEY ARE THE OWNERS OF THE OF MEMBERS ONLY MANAGEMENT LLC PRESENT WITH THEM.

SEATED BEHIND THEM IS JUNE KELLY, WHO'S THE DIRECTOR OF TRAPEZE AND THEY'RE HERE PRESENT TO OBSERVE THE PROCEEDINGS.

I JUST WANTED TO NOTE THEM ON THE RECORD.

TRAPEZE IS A CLUB THAT'S OPERATED IN BROWARD COUNTY FOR OVER 20 YEARS.

IT'S BASICALLY BECOME A SOUTH FLORIDA INSTITUTION AT THIS POINT.

IT'S VERY WELL KNOWN IN THE COMMUNITY FOR THE PAST 14 YEARS OF ITS OPERATION.

IT'S BEEN IN THE CITY OF TAMARAC SINCE 2008.

IT'S LOCATED ON STATE ROAD SEVEN, NEAR THE INTERSECTION WITH COMMERCIAL BOULEVARD.

THAT'S ITS CURRENT LOCATION.

IT HAS BEEN THERE SINCE 2008.

IT'S ONE OF THE LEADING CLUBS OF ITS KIND IN THE NATION.

PEOPLE VISIT AND TRAVEL FROM ALL OVER THE PLACE, ALL OVER THE COUNTRY, ALL OVER THE WORLD, EVEN TO VISIT THIS CLUB.

AND THE REASON WE'RE HERE IS THAT TRAPEZE HAS CONSIDERED OR IS ATTEMPTING TO RELOCATE THE

[02:25:01]

IT'S A SIMILAR LOCATION TO A STRIP SHOPPING CENTER, JUST LIKE THEIR CURRENT LOCATION.

IT'S ON A MAJOR ARTERIAL ROADWAY.

THIS TIME, THE NEW LOCATION IS ON UNIVERSITY DRIVE.

THE OLD ONE IS ON STATE ROAD SEVEN, AND IT'S IN THE SAME ZONING DISTRICT, THE MUC ZONING DISTRICT. SO WHEN TRAPEZE FORMULATED THE PLAN TO MOVE, WE APPROACHED THE CITY AND INFORM THEM OF THIS PLAN.

AND WE'RE TOLD, WELL, THERE'S BEEN SOME CHANGES TO THE ZONING CODE IN 2018.

SO WHAT YOU SHOULD DO IS SEND IN A ZONING VERIFICATION REQUEST, AND THAT'S A PROCEDURE WHEREBY WE CAN EXPLAIN WHAT WE'RE INTENDING TO DO AND THE CITY CAN GIVE INPUT BACK TO US.

AND THEIR DECISION ABOUT WHETHER THAT CAN BE DONE OR NOT OR HOW OR HOW IT CAN OR CAN'T BE DONE. WE DID THAT, GOT A RESPONSE FROM THE CITY.

THE CITY'S RESPONSE WAS TO SUMMARIZE, ESSENTIALLY, IT WAS THAT THE USE CATEGORY THAT TRAPEZE IS IN, WHICH IS DANCE HALL, SOCIAL CLUB.

IT WAS ELIMINATED IN THE 2018 REVISION OF THE CODE DOES NOT EXIST ANYMORE AND TRAPEZE STILL MAINTAINS THAT USE DESIGNATION BASICALLY BECAUSE THEY'RE GRANDFATHERED, THEY'RE A EXISTING NONCONFORMING PERMITTED USE UNDER THE CODE.

SO THAT'S STILL THEIR DESIGNATION AT THE OLD LOCATION.

IF THEY WANTED TO GO TO THE NEW LOCATION.

WHAT I HAD PROPOSED IN THE ZONING VERIFICATION REQUEST WAS THAT THEY BE TREATED AS A CLUB OR LODGE PRIVATE.

THAT'S WHAT I FELT WAS THE MOST SIMILAR TO THEIR PREVIOUS DESIGNATION.

I FELT THAT THE DEFINITION OF THAT USE IS WHAT APPLIED TO THEM.

THE CITY, IN THEIR RESPONSE, REJECTED THAT AND STATED THAT THEY CONCLUDED THAT THE PROPER USE CATEGORY WOULD BE ADULT ENTERTAINMENT.

AND ADULT ENTERTAINMENT IS ONLY PERMITTED IN THE MUC ZONING DISTRICT AS A SPECIAL EXCEPTION USE, WHICH MEANS IT REQUIRES GOING THROUGH A WHOLE PROCESS OF GETTING APPROVED BY, I BELIEVE, BY THIS BOARD, BUT ULTIMATELY BY THE CITY COMMISSION.

WE DISAGREE WITH THE CITY'S DETERMINATION ON THE ZONING VERIFICATION REQUEST, AND THAT'S WHY WE'RE HERE TODAY. WE'RE HERE TO ASK YOU TO TO REVISIT THAT.

AND I WILL EXPLAIN A NUMBER OF REASONS WHY I THINK THEIR INTERPRETATION WAS WRONG.

BUT FIRST, I THINK WHAT'S REALLY IMPORTANT TO DO IN THIS CASE IS TO FAMILIARIZE THE BOARD WITH WHAT TRAPEZE ACTUALLY IS AND HOW THEY OPERATE.

SO YOU HAVE A BETTER UNDERSTANDING, BECAUSE WHAT WE'RE TRYING TO DO IS FIGURE OUT WHICH ZONING CATEGORY OR WHICH BUSINESS USE CATEGORY THEY FIT INTO.

SO BEFORE YOU CAN REALLY EFFECTIVELY DO THAT, YOU GOT TO UNDERSTAND WHAT IT IS THAT THEY DO. AND IT IS A SOMEWHAT UNIQUE CLUB, SO IT'S NOT AS SIMPLE AS TALKING ABOUT SOMETHING LIKE A SHOE STORE OR A OR SOMETHING.

THAT'S EVERYONE UNDERSTANDS WHAT IT IS.

SO I'D LIKE TO BRIEFLY JUST GO THROUGH WITH YOU WHAT IT IS THAT TRAPEZE ACTUALLY IS.

TRAPEZE IS A MEMBERS ONLY CLUB.

IT'S ORGANIZED AS A NOT FOR PROFIT CORPORATION.

BEING A MEMBERS ONLY CLUB, NO ONE CAN COME IN UNLESS THEY GO THROUGH THE MEMBER APPLICATION PROCESS AND PAY A MEMBERSHIP FEE.

THE WAY IT WORKS FOR A FIRST TIME VISITOR IS THEY GO TO THE CLUB, THEY FILL OUT AN APPLICATION, THEY ANSWER A NUMBER OF QUESTIONS THAT ARE INTENDED TO FAMILIARIZE THEM WITH THE TYPE OF CLUB THAT IT IS AND WHETHER THEY WOULD BE A GOOD FIT AS A MEMBER FOR THE CLUB. THEY PAY A MEMBERSHIP FEE AND THEY'RE GRANTED.

IF THEY SUFFICIENTLY PASS THAT PROCESS, THEY ARE GRANTED A TEMPORARY MEMBERSHIP TO THE CLUB. THEY CAN COME IN AND THE EVALUATION PERIOD CONTINUES DURING THAT TEMPORARY MEMBERSHIP, THEIR CONDUCT, HOW THEY PRESENT THEMSELVES IN THE CLUB, HOW THEY BEHAVE, IS EVALUATED AND IT'S DETERMINED WHETHER THEY'RE A GOOD FIT FOR THE CLUB OR NOT.

IF THEY ARE, THEY CAN THEN OBTAIN A PERMANENT MEMBERSHIP STATUS.

IF THEY ARE GRANTED PERMANENT MEMBERSHIP, THERE IS A REGULAR MEMBERSHIP FEE THAT'S PAID CAN BE EITHER PAID ON A MONTHLY OR BI MONTHLY OR ANNUAL BASIS, DEPENDING ON THAT MEMBER'S PREFERENCE. AND THEN ON TOP OF THAT, EACH TIME THE MEMBER COMES TO THE CLUB, THEY PAY A NIGHTLY USER FEE.

SO THERE'S ESSENTIALLY TWO FEES THAT ARE PAID.

THERE'S THE MEMBERSHIP THAT IS RECURRING.

AND THEN EACH TIME THE PARTICULAR MEMBER DECIDES TO USE THE CLUB, THEY PAY A NIGHTLY USER FEE. NOW, MEMBERSHIPS IN A CLUB LIKE TRAPEZE ARE NOT FOR EVERYONE.

IN FACT, THE CLUB IS DESIGNED TO SERVE A MEMBERSHIP THAT'S A VERY SMALL AND SPECIFIC

[02:30:01]

AND THAT SEGMENT OF THE COMMUNITY IS THAT WHICH HAS AN INTEREST IN ALTERNATIVE SEXUAL LIFESTYLES, INCLUDING BUT NOT LIMITED TO POLYAMOROUS LIFESTYLES.

AND I PROBABLY DON'T HAVE TO TELL YOU, THAT'S NOT EVERYBODY THAT'S NOT EVEN MOST PEOPLE.

THAT'S A VERY NARROW SEGMENT OF OUR COMMUNITY.

BUT WHAT THE MEMBERSHIP PROCESS OF TRAPEZE IS DESIGNED TO DO IS TO IDENTIFY WHETHER A PERSON HAS A BONA FIDE INTEREST IN THAT TYPE OF LIFESTYLE AND WHETHER THEY WOULD BE A GOOD FIT IN THE CLUB.

TRAPEZE HAS A BOARD OF MEMBERS THAT CONDUCTS REGULAR MEETINGS, THAT EVALUATES MEMBERSHIPS, THAT REVIEWS THE ADMINISTRATION OF THE CLUB.

TRAPEZE IS OFTEN REFERRED TO AS A SWINGERS CLUB OR A LIFESTYLE CLUB IS ANOTHER PHRASE THAT'S FREQUENTLY USED.

TRAPEZE DOESN'T SHY AWAY FROM THAT DESIGNATION, BUT WHAT THEY DO DISTANCE THEMSELVES FROM IS A LOT OF THE NEGATIVE STEREOTYPES THAT GO ALONG WITH THAT DESIGNATION AND A LOT OF THE COMMON PUBLIC MISCONCEPTIONS ABOUT WHAT THEIR CLUB DOES AND WHAT THEIR CLUB IS LIKE.

SO IF YOU LOOK AT THE THE FIRST SLIDE THAT I HAVE, THIS SHOWS THE EXTERIOR OF TRAPEZE.

NOW, THE FIRST THING THAT YOU'LL NOTICE IS HOW PLAIN AND NONDESCRIPT IT IS.

THERE'S ONLY A SINGLE SIGN.

THE SIGN SAYS NOTHING OTHER THAN THE NAME OF THE CLUB TRAPEZE.

THERE'S NO OTHER DESCRIPTIVE TEXT.

THERE'S NO ADVERTISING, THERE'S NO NEON LIGHTS, THERE'S NO WINDOWS IN THE CLUB.

THERE'S NO PICTURES OR ARTWORK ON THE CLUB.

IT WOULD BE POSSIBLE TO DRIVE BY THIS CLUB EVERY DAY AND HAVE NO IDEA WHAT IT IS.

IT'S DONE THAT WAY ON PURPOSE.

THE OPERATORS OF THE CLUB GO GO TO EFFORTS TO GIVE IT A VERY DISCREET PUBLIC APPEARANCE.

AND THAT'S FOR TWO REASONS.

ONE IS FOR THE PRIVACY OF THE MEMBERSHIP, AND THE OTHER IS OUT OF RESPECT TO THE NEIGHBORING PROPERTY OWNERS AND NEIGHBORS OF THE CLUB TO PRESENT IT IN A WAY SO THAT IT JUST BLENDS IN AND DOESN'T CAUSE AN EYESORE OR A UNFAVORABLE PUBLIC APPEARANCE.

TRAPEZE HAS, AS I SAID, HAS OPERATED IN TAMARAC FOR 14 YEARS.

DURING THAT TIME, THEY'VE NEVER CAUSED ANY TYPE OF ISSUES AS FAR AS EXCESSIVE POLICE CALLS, PARKING ISSUES, NOISE ISSUES, CODE ISSUES.

THEY'VE ESSENTIALLY HAD VERY LITTLE IMPACT ON THE SURROUNDING AREA THAT THEY'RE IN.

ALL RIGHT. SO THIS NEXT SLIDE SHOWS THE ENTRANCE TO TRAPEZE.

WHEN YOU ENTER TRAPEZE, YOU ENTER INTO A SEPARATE ROOM THAT'S SEPARATE AND APART FROM THE REST OF THE CLUB. AND THIS IS WHERE THE MEMBERSHIP APPLICATION PROCESS TAKES PLACE.

AS YOU'LL SEE, THERE'S A COUNTER THERE WITH SOME EMPLOYEES OF THE CLUB.

AND THE WAY THE MEMBERSHIP APPLICATION IS DONE NOW IS IT'S DONE ELECTRONICALLY.

THEY, A MEMBER FILLS IN AN ELECTRONIC APPLICATION, PROVIDES THEIR NAME, THEIR CONTACT INFORMATION, AND THEN THERE'S A SECTION WHERE THEY HAVE TO GO THROUGH A SERIES OF RULES THAT THE CLUB HAS AND REGULATIONS NOW.

AND THEY ALSO PREVENT PHOTO PRESENT, PHOTO ID.

YOU CAN SEE THERE'S A GIANT SIGN ON THE WALL THAT SAYS NO EXCEPTIONS.

PHOTO ID REQUIRED.

THE RULES AND REGULATIONS ARE DESIGNED TO DO A COUPLE OF THINGS AND THE MEMBERS HAVE TO AGREE TO ALL OF THEM BEFORE THEY CAN BE GRANTED ENTRANCE OR MEMBERSHIP IN THE CLUB.

FIRST, THE RULES AND REGULATIONS EXPLAIN THE NATURE OF THE CLUB.

IT EXPLAINS THAT THIS IS A CLUB FOR PEOPLE WITH AN INTEREST IN ALTERNATIVE SEXUAL LIFESTYLES THAT YOU MAY ENCOUNTER, PEOPLE THAT HAVE THAT TYPE OF INTEREST, THAT YOU MAY ENCOUNTER SEXUAL ACTIVITY IF YOU ARE IN CERTAIN PARTS OF THE CLUB, THAT YOU'RE NOT OFFENDED BY THAT, THAT NUDITY DOESN'T OFFEND YOU, SO ON AND SO FORTH.

THESE ARE DESIGNED TO MAKE SURE THAT A MEMBER, FIRST OF ALL, KNOWS WHAT THEY'RE WALKING INTO AND SECOND OF ALL, IS AMENABLE TO MEMBERSHIP IN THAT TYPE OF AN ORGANIZATION.

SECONDLY, THERE'S RULES OF CONDUCT THAT ARE LISTED.

THOSE RULES PROHIBIT THINGS LIKE THE USE OR POSSESSION OF DRUGS IN THE CLUB, ANY ACTS OF PROSTITUTION IN THE CLUB.

AND IT'S MADE VERY CLEAR TO MEMBERS THAT IF THEY VIOLATE THOSE TYPES OF RULES, THAT'S GROUNDS TO REVOKE THEIR MEMBERSHIP PERMANENTLY AND HAVE THEM REMOVED FROM THE CLUB.

SO ONCE A PERSON COMPLETES THE MEMBERSHIP PROCESS IN THIS ROOM, THEY CAN THEN GO TO THE ADJOINING SECTION OF THE CLUB, WHICH I'LL REFER TO AS THE LOUNGE AREA OF THE CLUB.

NOW, HERE'S A COLLAGE OF PHOTOS THAT SHOWS THAT PART OF THE CLUB.

[02:35:03]

IT'S CLEAN AND WELL MAINTAINED.

THERE ARE PLACES PROVIDED FOR THE MEMBERSHIP TO SIT DOWN AND MINGLE AND INTERACT AND TALK WITH ONE ANOTHER. THERE'S A DANCE FLOOR THAT YOU CAN SEE IN THE BOTTOM RIGHT PORTION OF THE COLLAGE.

THE CLUB DOES HAVE A DJ THAT PROVIDES MUSIC.

HOWEVER, THERE IS NO LIVE ENTERTAINMENT PROVIDED BY THE CLUB.

THERE ARE NO DANCERS.

THERE ARE NO PERFORMERS.

IT IS SIMPLY A PRESENTATION OF MUSIC FOR THE MEMBERSHIP TO ENJOY AND DANCE TO.

THE CLUB HAS A STRICTLY ENFORCED DRESS CODE.

THE WAY THEY DESCRIBE IT ON MOST OF THEIR MATERIALS IS DRESSED TO IMPRESS.

THEY PROHIBIT SNEAKERS, SHORTS, CAPS, T-SHIRTS, SPORTS ATTIRE, THAT TYPE OF THING.

THEY DO OCCASIONALLY HAVE THEME NIGHTS WHERE CERTAIN TYPES OF COSTUMES ARE PERMITTED, BUT OTHERWISE PEOPLE ARE REQUIRED TO DRESS APPROPRIATELY WHEN THEY COME TO THE CLUB.

AND AS YOU CAN SEE IN THE PHOTOS, THAT'S HOW THE CLIENTELE OF THE CLUB DOES DRESS.

THIS NEXT SLIDE SHOWS SOME OF THE AMENITIES OFFERED BY THE CLUB.

NOW THERE'S NO ALCOHOL SOLD BY TRAPEZE.

IT IS NOT SOLD OR OFFERED BY THE CLUB IN ANY WAY.

HOWEVER, THE MEMBERS OF THE CLUB ARE PERMITTED TO BRING THEIR OWN BOTTLE OF ALCOHOL, AND WHEN THEY BRING THE BOTTLE, IT'S MARKED WITH A IDENTIFYING NUMBER THAT CONNECTS IT TO THAT PARTICULAR MEMBER.

AND ONLY THAT MEMBER CAN UTILIZE THAT BOTTLE OF ALCOHOL.

THEY CANNOT SHARE IT WITH OTHER MEMBERS OR SELL IT OR GIVE IT AWAY.

IT IS FOR THAT ONE MEMBER TO USE ON THEIR OWN.

THE CLUB DOES PROVIDE NONALCOHOLIC DRINKS THAT CAN BE USED AS MIXERS.

CLUB ALSO HAS A BUFFET THAT'S VERY POPULAR WITH THE MEMBERS.

IT'S A HIGH QUALITY BUFFET, OFFERS TWO MEALS PER NIGHT, TYPICALLY A DINNER TYPE MEAL EARLIER IN THE EVENING AND THEN LATE AT NIGHT THEY HAVE A BREAKFAST BUFFET.

AND AGAIN, THIS IS ONE OF THE ONE OF THE VERY POPULAR PARTS OF THE CLUB THAT A LOT OF THE MEMBERS REALLY ENJOY.

AND TRAPEZE PRIDES ITSELF ON THE QUALITY OF ITS FOOD PRESENTATION.

NOW THE NONALCOHOLIC MIXERS AND THE BUFFET ARE INCLUDED IN THE USER FEE THAT THE NIGHTLY USER FEE THAT THE MEMBERS PAY WHEN THEY VISIT THE CLUB.

NOW ADJOINING TO THE LOUNGE AREA OF THE CLUB IS THERE'S WHAT I WILL REFER TO AS THE SWING AREA OF THE CLUB.

NOW, THERE'S NO REQUIREMENT THAT ANYONE GO TO THAT PART OF THE CLUB.

IT'S STRICTLY VOLUNTARY.

MANY MEMBERS DO NOT VISIT THAT PART OF THE CLUB.

VERY OFTEN, MEMBERS WILL STAY IN THE LOUNGE AREA AND SIMPLY ENJOY THE AMBIANCE AND AURA OF THE CLUB. OR THERE ARE SOME PEOPLE IN THAT LIFESTYLE THAT PREFER TO USE THE LOUNGE AREA TO MEET PEOPLE WHO THEY WOULD THEN MEET WITH PRIVATELY OUTSIDE OF THE CLUB RATHER THAN IN THE SWING AREA OF THE CLUB.

IT'S TOTALLY UP TO THE PARTICULAR MEMBER.

THE SWING AREA IS A COMPLETELY SEPARATE PART OF THE CLUB THAT YOU CAN'T SEE IT FROM THE LOUNGE AREA. THERE'S NO ABILITY TO OBSERVE WHAT'S HAPPENING THERE.

IT'S SEPARATED BY A WALL.

IT'S OBVIOUSLY NOT VISIBLE FROM THE EXTERIOR OF THE BUILDING, BUT IT'S NOT EVEN VISIBLE FROM INSIDE THE LOUNGE AREA.

THERE'S A LOCKER ROOM THAT'S SITUATED BETWEEN THE LOUNGE AREA AND THE SWING AREA OF THE CLUB. THAT'S A PLACE WHERE MEMBERS CAN OBTAIN A LOCKER TO STORE CLOTHING OR BELONGINGS.

THEY CAN OBTAIN A TOWEL TO COVER THEMSELVES WITH.

WITHIN THE SWING AREA OF THE CLUB, THERE'S SEVERAL ROOMS OF DIFFERENT SIZES.

IT IS PERMISSIBLE FOR MEMBERS TO ENGAGE IN CONSENSUAL SEXUAL ACTIVITY WITHIN THOSE ROOMS. THAT'S COMPLETELY UP TO THE MEMBERS.

NO EMPLOYEES OR REPRESENTATIVES OF TRAPEZE ARE PERMITTED TO ENGAGE IN ANY CONDUCT LIKE THAT WITH ANY MEMBER.

IT'S MADE VERY CLEAR TO ALL EMPLOYEES SHOULD ANYTHING LIKE THAT OCCUR, THEY WILL BE IMMEDIATELY TERMINATED FROM THEIR EMPLOYMENT.

SO THE SEXUAL CONTACT THAT OCCURS IN THAT AREA IS BY IN BETWEEN MEMBERS ONLY.

IT'S COMPLETELY NONCOMMERCIAL.

THERE'S NOT MONEY CHANGING HANDS FOR THAT.

IT'S CONSENSUAL. THAT'S ANOTHER IMPORTANT ASPECT OF THE PHILOSOPHY OF TRAPEZE THAT EVERYONE AGREES TO WHAT'S GOING ON.

AND IT'S VOLUNTARY. IT'S NOT REQUIRED.

IT'S NOT MANDATORY.

THE CLUB MAINTAINS STAFF TO KEEP THAT AREA VERY CLEAN AND WELL MAINTAINED, JUST LIKE THE REST OF THE CLUB. SO WHO GOES TO TRAPEZE? THAT'S THE NEXT THING I'D LIKE TO TOUCH ON.

WHO ARE THE MEMBERS? WELL, HERE ON THE SCREEN IS THE BREAKDOWN OF THE ATTENDANCE FOR THE PAST YEAR.

[02:40:07]

LESS THAN 7% OF THE VISITORS ARE SINGLE MEN, AND LESS THAN 1% ARE SINGLE WOMEN.

THE CLUB IS DESIGNED FOR COUPLES.

THAT'S WHO THEIR TARGET MARKET IS.

IN FACT, THE BUSIEST NIGHT OF THE CLUB, WHICH IS SATURDAY NIGHT, DOES NOT SINGLE MEN ARE NOT EVEN ALLOWED TO BE IN THE CLUB.

THEY'RE BARRED FROM COMING IN ON SATURDAY NIGHTS.

IT'S COUPLES ONLY ON THAT NIGHT.

THE AVERAGE AGE RANGE OF A VISITOR TO TRAPEZE IS BETWEEN THE AGES OF 30 AND 50.

IT'S THEY DON'T GET A WHOLE LOT OF YOUNG PEOPLE.

YOUNG YOU KNOW, PEOPLE IN THEIR TWENTIES ARE ALLOWED.

BUT THAT'S NOT MUCH OF THEIR BUSINESS.

IT TENDS TO BE COUPLES THAT ARE IN LONG TERM RELATIONSHIPS IN THEIR THIRTIES AND FIFTIES, THIRTIES, FORTIES, AND FIFTIES.

IT'S A WELL-MANNERED, WELL BEHAVED CROWD.

AS I MENTIONED EARLIER, THEY DO NOT HAVE PROBLEMS THERE WITH POLICE CALLS OR PEOPLE GETTING OUT OF HAND.

AND IT'S ALSO A CROWD THAT HAS DISPOSABLE INCOME BECAUSE TRAPEZE IS NOT AN INEXPENSIVE CLUB TO VISIT. AS I MENTIONED EARLIER, NOT ONLY DO YOU HAVE TO PAY A MEMBERSHIP FEE, BUT EACH TIME YOU GO, YOU HAVE TO PAY A USER FEE.

THE MEMBERSHIP FEE PACKAGES CAN BE HUNDREDS OR EVEN THOUSANDS OF DOLLARS, DEPENDING ON WHAT THEY INCLUDE.

SO IT'S A CLUB THAT IS DESIGNED FOR A MORE UPSCALE EXPERIENCE.

IT'S NOT A SLEAZY OR UNSEEMLY TYPE OF PLACE.

AND I THINK AS THEY'VE SHOWN IN THEIR HISTORY WITH THE CITY BEING HERE FOR 14 YEARS, THEY HAVE NEVER CAUSED ANY ISSUES LIKE THAT.

SO. GETTING TO THE REASON WHY WE'RE HERE.

I LIKE TO TRY AND SIMPLIFY THINGS AS MUCH AS I CAN.

AND REALLY, WHAT THE QUESTION HERE IS.

IS WHAT BOX DO WE PUT TRAPEZE IN? BECAUSE IF YOU THINK ABOUT.

USE DESIGNATIONS WHEN SOMEBODY COMES TO THE CITY, THEY WANT TO START A BUSINESS OR THEY WANT TO OPEN A SERVICE OFFICE OR BUSINESS.

THEY TELL THE CITY WHAT THEY DO AND THE CITY PUTS THEM IN A CATEGORY, PUTS THEM IN A BOX.

THEY GOT ALL THESE BOXES.

FEW, THEY HAVE A BOX FOR PROFESSIONAL SERVICES IF YOU'RE A LAWYER OR A DENTIST OR ACCOUNTANT YOU GO IN THAT BOX.

NOW, A LAWYER AND A DENTIST ARE OBVIOUSLY DIFFERENT, BUT THEY'RE BOTH PROFESSIONAL SERVICES. THEY BOTH GO INTO THIS CATEGORY.

OR IF IT'S A RETAIL SALES BOX, IT COULD BE A SHOE STORE, IT COULD BE A MUSIC STORE.

THEY GO INTO THE RETAIL SALES BECAUSE THAT'S WHAT THEY DO.

THEY SELL THINGS. SO THE REAL QUESTION HERE IS OF THE EXISTING BOXES, WHICH ONE DOES TRAPEZE GOING BECAUSE.

IN 2018.

THE BOX THAT THEY ARE IN AS WAS A LIMITED ELIMINATED BY THE CITY.

THEY DON'T HAVE THAT BOX ANYMORE.

AND THAT ONE WAS THE ONE THAT WAS DANCE HALL, SOCIAL CLUB.

NOW I SAY, AND IT'S OUR POSITION THAT THEY SHOULD BE CHARACTERIZED AS A CLUB OR LODGE PRIVATE. THAT'S THE BOX THEY SHOULD GO IN.

THE REASONS FOR THAT ARE THAT THEY MEET I BELIEVE THEY MEET THE DEFINITION OF THAT.

AND THAT'S THE CLOSEST THING TO WHAT THEY'VE BEEN CATEGORIZED AS FOR THE PAST 12 YEARS.

THE CITY DISAGREES.

THEY SAY THEY SHOULD BE IN THE ADULT ENTERTAINMENT BOX.

SO LET'S TAKE A LOOK AT THE CLUB OR OUR LODGE DESIGNATION.

ALL RIGHT, SO THE CITY CODE PROVIDES US WITH A DEFINITION OF CLUB OR LODGE.

IT'S LOCATED AT 10-6.2.

SUB B, SUB ONE.

SUB A.

I'VE REPRINTED ON THE SCREEN THAT DEFINITION.

AS YOU'LL SEE, THERE'S THREE SENTENCES IN THE DEFINITION.

I'VE PUT THEM IN DIFFERENT COLORS TO SEPARATE THEM.

THE BLACK WRITING IS THE FIRST SENTENCE, AND THAT'S WHAT CONTAINS A DEFINITION OF WHAT THE CHARACTERISTICS OF A CLUB OR LODGE PRIVATE ARE.

THE SECOND SENTENCE, WHICH IS IN GREEN, OFFERS UP TWO EXAMPLES OF THINGS THAT WOULD BE FITTING INTO THAT DEFINITION.

THE THIRD, WHICH I PUT IN READ THE THIRD SENTENCE SHOWS US THINGS THAT ARE EXCLUDED FROM THAT DEFINITION. SO I THINK THE FIRST THING YOU NEED TO DO IS YOU NEED TO LOOK AT THE DEFINITION AND SENTENCE ONE.

AND SEE IF IT FITS WHAT TRAPEZE DOES.

AND I BELIEVE IT FITS LIKE A GLOVE.

IF YOU TAKE A LOOK AT IT.

[02:45:01]

NOBODY RESIDES AT TRAPEZE.

THEY DON'T OFFER LODGING OR OVERNIGHT ACCOMMODATIONS.

THE NEXT PART OF IT SAYS IT'S FOR SPECIAL PURPOSES OR FOR THE PROMULGATION OF SPORTS, ARTS, LITERATURE, POLITICS, OR OTHER COMMON GOALS, INTERESTS OR ACTIVITIES.

THAT'S THE NEXT PART OF IT. AND TRAPEZE DOES EXIST FOR A SPECIAL PURPOSE THAT'S RELATED TO THE COMMON GOALS, INTERESTS AND ACTIVITIES OF ITS MEMBERS.

AS I EXPLAINED EARLIER, IT'S DESIGNED FOR A VERY LIMITED CLASS OF PEOPLE, PEOPLE WHO SHARE AN INTEREST IN AN ALTERNATIVE SEXUAL LIFESTYLE AND WHO WISH TO HAVE A SAFE PLACE THAT THEY CAN GO TO INTERACT WITH OTHER PEOPLE WHO SHARE THAT COMMON INTEREST.

THE FINAL PART OF IT SAYS IT'S CHARACTERIZED BY MEMBERSHIP, QUALIFICATIONS, DUES, REGULAR MEETINGS, MINUTES AND OR BOARD MEMBERS.

WELL, THAT APPLIES HERE AS WELL AS I OUTLINED FOR YOU.

TRAPEZE DOES HAVE MEMBERSHIP FEES.

THERE ARE MEMBERSHIP QUALIFICATIONS.

THEY HAVE A MEMBERS BOARD AND THAT BOARD HAS MEETINGS.

AND SO IT WOULD SEEM TO MEET ALL THREE PARTS OF THIS FIRST SENTENCE DEFINING A CLUB OR LODGE PRIVATE.

IN THE CITY'S RESPONSE TO MY ZONING VERIFICATION REQUEST, THEY SAID, WELL, NO, IT DOESN'T, BECAUSE IF YOU LOOK AT THAT LAST SENTENCE THERE, IT SAYS THE DEFINITION SHALL NOT INCLUDE RESIDENTIAL FACILITIES OR SOCIAL MEMBERSHIP CLUBS.

AND THE CITY CONCLUDED THAT THEY BELIEVE THAT TRAPEZE IS A SOCIAL MEMBERSHIP CLUB AND IS THEREFORE EXCLUDED FROM THIS DEFINITION.

THERE'S A COUPLE OF PROBLEMS WITH THAT.

THE FIRST IS THE CODE DOESN'T TELL US ANYTHING ABOUT WHAT A SOCIAL MEMBERSHIP CLUB IS.

THERE'S NO DEFINITION OF IT.

THERE'S NO TEXT THAT FOLLOWS EXPLAINS WHAT THAT IS.

AND MORE IMPORTANT THAN THAT IS THAT IT DOESN'T TELL US HOW A SOCIAL MEMBERSHIP CLUB DIFFERS FROM THE TYPES OF CLUBS THAT ARE INCLUDED.

AND THAT'S WHERE IT STARTS TO GET REALLY CONFUSING.

YOU SEE, BECAUSE IT SAYS, FOR EXAMPLE, IT SAYS FRATERNAL LODGES ARE INCLUDED.

WELL, WHAT IS A FRATERNAL LODGE? A FRATERNAL LODGE IS A THING LIKE THE ELKS CLUB OR THE ROTARY CLUB FREEMASONS, SOMETHING LIKE THAT. BUT WHAT IS THAT? THAT'S A CLUB.

I MEAN, THE WORD CLUB IS RIGHT IN THE NAME OF THE ELKS CLUB AND THE ROTARY CLUB.

THAT CLUB HAS MEMBERS.

SO IT'S A MEMBERSHIP CLUB.

WHAT DO PEOPLE DO WHEN THEY GO TO THE ELKS CLUB OR THE ROTARY OR THE MOOSE CLUB OR WHATEVER? WHICHEVER ONE YOU WANT TO NAME, THEY SOCIALIZE WITH ONE ANOTHER.

SO HOW IS THE FRATERNAL LODGE? NOT A SOCIAL MEMBERSHIP CLUB? IT WOULD APPEAR THAT THAT'S INTERNALLY INCONSISTENT TO ME.

SAME THING WITH THE OTHER EXAMPLE THAT'S OFFERED AS AN ALLOWED USE SINGING SOCIETY.

WELL, FROM MY UNDERSTANDING, WHAT A SINGING SOCIETY IS, IS A GROUP OF PEOPLE THAT JOIN TOGETHER BECAUSE THEY SHARE A COMMON INTEREST IN MUSIC.

AND APPLIES TO CHORAL GROUPS AND THAT TYPE OF THING.

BUT YOU COULD SAY THE SAME THING ABOUT THEM.

THEY HAVE MEMBERS. THEY'RE A CLUB.

WHEN THOSE PEOPLE GET TOGETHER, THEY SOCIALIZE.

SO WHAT'S THE DIFFERENCE BETWEEN A SINGING SOCIETY AND A SOCIAL MEMBERSHIP CLUB? WE DON'T KNOW. THE CODE DOESN'T TELL US.

I THINK IN RESEARCHING THIS I CAME ACROSS SOMETHING THAT'S VERY INTERESTING AND I'LL ILLUSTRATED ON THE NEXT SLIDE.

I WAS RESEARCHING THE LANGUAGE THAT WAS USED IN THAT CODE SECTION, AND I FOUND TWO OTHER JURISDICTIONS IN THE UNITED STATES THAT HAVE ALMOST THE IDENTICAL LANGUAGE AS THAT IN THEIR ZONING CODE.

IT'S MARION COUNTY, INDIANA.

AND CARBONDALE, COLORADO AND I'VE BOTH OF THOSE JURISDICTIONS, CARBONDALE AND MARION COUNTY HAVE IDENTICAL LANGUAGE FOR CLUB OR LODGE AND IT'S THERE.

NOW TAMARAC HAS ALMOST IDENTICAL LANGUAGE FOR CLUB OR LODGE.

THAT'S AT THE BOTTOM OF THE SCREEN.

AS YOU CAN SEE, THE FIRST SENTENCE, THE DEFINITIONAL PART OF THAT OF THAT CODE SECTION IS WORD FOR WORD IDENTICAL BETWEEN ALL THREE OF THESE JURISDICTIONS.

THE ONLY DIFFERENCE COMES WHEN YOU LOOK DOWN TO THE NEXT TWO SENTENCES AND YOU'LL SEE THAT IN CARBONDALE, COLORADO, AND MARION COUNTY, INDIANA.

THEY INCLUDED SOCIAL MEMBERSHIP CLUB IN THE SECTION THAT DESCRIBES INCLUDED BUSINESSES OR BUSINESSES THAT ARE CONSISTENT WITH THAT DEFINITION.

TAMARAC FOR SOME REASON, WHICH I HAVE YET TO FIGURE OUT MOVES SOCIAL MEMBERSHIP CLUBS FROM THE PART THAT LISTS INCLUDED.

[02:50:02]

NOW, THE FACT THAT ALL THREE OF THESE JURISDICTIONS HAVE CODE SECTIONS THAT ARE THIS IDENTICAL, I BELIEVE, LEADS TO THE INESCAPABLE CONCLUSION THAT THEY CAME FROM THE SAME SOURCE. NOW, I DON'T KNOW IF IT'S SOME MODEL RULE THAT EXISTS SOMEWHERE OR SOME BOILERPLATE SOURCE, BUT IT'S VIRTUALLY IMPOSSIBLE THAT ALL THREE OF THESE JURISDICTIONS, YOU KNOW, HUNDREDS OF THOUSANDS OF MILES AWAY FROM EACH OTHER, WOULD COME UP WITH THE SAME EXACT WORDS FOR THE SAME EXACT THING TO THIS DEGREE.

WHAT I THINK HAS OCCURRED HERE IS THAT BY TAKING SOMETHING THAT WAS ORIGINALLY DRAFTED TO BE INCLUDED IN THAT DEFINITION AND MOVING IT DOWN TO THE EXCLUDED PART OF THE DEFINITION RESULTS IN A CODE SECTION THAT'S IMPOSSIBLE TO UNDERSTAND.

THAT'S CONFUSING AND IS IN WHAT WE CALL IN THE LAW VOID FOR VAGUENESS.

VAGUENESS IS A DOCTRINE IN THE LAW THAT SAYS IF A LAW IS NOT CAPABLE OF BEING UNDERSTOOD BY A REASONABLE PERSON, THEN IT'S VOID.

YOU KNOW, YOU HAVE TO BE ABLE TO UNDERSTAND WHAT'S ALLOWED AND WHAT'S PROHIBITED.

AND THE REASONS FOR THAT ARE TWOFOLD.

ONE IS WE HAVE TO HAVE LAWS THAT LET THE PUBLIC KNOW WHAT'S ALLOWED OR NOT ALLOWED.

THAT'S A BASIC PROCEDURAL DUE PROCESS NOTION.

BUT MORE IMPORTANTLY, VAGUE LAWS ALLOWED FOR ARBITRARY AND CAPRICIOUS APPLICATION BY THE CITY. WHAT THAT MEANS IS, WELL, IF SOMEBODY COMES IN THAT THE CITY LIKES, WELL, THEN THEY GET LUMPED IN WITH FRATERNAL LODGE AND SINGING SOCIETY.

IF SOMEBODY COMES IN AND THEY'RE MAYBE NOT THAT CRAZY ABOUT, THEN THEY GET LUMPED IN DOWN WITH THE EXCLUSION SOCIAL MEMBERSHIP CLUB, AND IT GIVES THE CITY THE ABILITY TO APPLY THE LAW DIFFERENTLY AGAINST DIFFERENT APPLICANTS.

AND THAT'S DANGEROUS BECAUSE LAWS ARE SUPPOSED TO APPLY EVENLY TO EVERYBODY.

AND THAT'S WHY THERE'S THE LAW JUST FAVORS VAGUENESS.

AND I THINK WE'VE GOT A VAGUE STATUTE HERE THAT THAT THE WAY THAT THAT PART WAS STRUCTURED AT THE END RENDERS IT TO BE VAGUE.

NOW. I WAS CURIOUS.

WHO THE CITY THINKS FALLS INTO THIS DEFINITION.

SO IN PREPARATION FOR THIS HEARING, I FILED A PUBLIC RECORDS REQUEST AND ASKED FOR EVERY BUSINESS THAT'S RECEIVED A LICENSE AS A CLUB OR LODGE PRIVATE SINCE 2018, SINCE THE CODE WAS REVISED.

THE RESPONSE THAT I GOT BACK WAS ZERO.

THERE'S NOT A SINGLE ONE IN THE CITY.

IT'S NEVER BEEN.

NO ONE'S EVER BEEN PUT INTO THIS BOX, APPARENTLY.

AT LEAST NOT SINCE 2018, SINCE THE CODE WAS REVISED.

ANOTHER THING THAT I DISCOVERED THAT I FOUND INTERESTING AND I THINK SPEAKS TO THIS POINT IS IN PREPARATION FOR THE HEARING TODAY, I WAS GOING THROUGH THE AGENDA.

AND AS YOU'RE PROBABLY AWARE, ON THESE AGENDA SECTIONS, THEY HAVE A SECTION CALLED BACKGROUND. AND WHAT BACKGROUND CONSISTS OF IS A CHRONOLOGICAL LISTING OF THE ENTITIES HISTORY WITH THE CITY.

YOU KNOW WHAT, ANY TIME THEY'VE APPLIED FOR A PERMIT OR GOT A LICENSE, IT GOES THROUGH AND IT TELLS THE HISTORY OF THE OF THE CITY'S RELATIONSHIP WITH THE CITY THAT WAY, IF YOU LOOK ON PAGE ONE, 17 OF THAT AGENDA.

THERE'S A FIRST FULL PARAGRAPH STARTS WITH IN ACCORDANCE WITH.

IT TALKS ABOUT WHEN TRAPEZE FIRST CAME TO THE CITY TO GET LICENSE BACK IN 2008.

AND WHEN THEY CAME IN, THEY FILLED OUT THE FORM AND ASKED YOU WHAT THE USE OF THE BUSINESS IS. WELL, WHAT THEY PUT DOWN WAS MEMBERS ONLY PRIVATE SOCIAL CLUB.

THE CITY TOOK THAT AND SAID, WELL, YOUR BUSINESS TAX CLASSIFICATION, THE THING THAT'S CLOSEST TO YOU IS DANCE HALL AND SOCIAL CLUB.

THAT'S THE CATEGORY THAT LATER GETS WIPED OUT IN 2018, BUT THAT'S WHERE THEY PUT THEM AS AS FAR AS THEIR BUSINESS TAX CLASSIFICATION.

BUT THEN WHEN IT GOES TO ZONING.

THEY DISCOVER THAT THE PERMITTED USE LIST DOESN'T HAVE DANCE HALL AND SOCIAL CLUB.

SO WHAT ZONING HAS TO DO IS ZONING HAS TO FIGURE OUT WHAT'S THE CLOSEST THING WE'VE GOT TO DANCE HALL AND SOCIAL CLUB AND GUESS WHAT IT IS? IT'S CLUB OR LODGE PRIVATE.

SO FOR PURPOSES OF ZONING FROM 2008, THE CITY WAS ALREADY TREATING THEM AS A CLUB OR LODGE OR PRIVATE. AND AS FAR AS I CAN TELL, THAT'S NEVER CHANGED.

SO WHILE THEIR BUSINESS TAX CLASSIFICATION IS DANCE HALL, SOCIAL CLUB.

AND THAT'S THE BUSINESS TAX AMOUNT THEY PAY EVERY YEAR, $260, WHATEVER IT IS.

EVERY SEPTEMBER, THEY PAY THAT.

[02:55:01]

THEY WERE TREATED AS A CLUB OR LODGE PRIVATE BECAUSE THAT'S BY THEIR OWN ADMISSION.

THE MOST SIMILAR USE TO WHAT THEY ARE.

THEY WERE NOT TREATED AS ADULT ENTERTAINMENT.

IN FACT, THEY'VE NEVER BEEN TREATED AS ADULT ENTERTAINMENT AT ANY POINT IN THEIR 14 YEAR HISTORY WITH THE CITY.

THEY'VE YOU KNOW, THEY'VE RENEWED THEIR LICENSE EVERY YEAR.

THERE'S TWO INSTANCES, ONE IN 2012 AND ONE IN 2017, WHERE THEY HAD A CORPORATE RENAMING.

THE BODY THAT OWNS THE CORPORATION WAS RENAMED, SO THEY HAD TO COME IN AND REAPPLY FOR EVERYTHING. THEY DID THAT NOT AT NO POINT DID THE CITY EVER SAY, WELL, NOW WE THINK YOU'RE ADULT ENTERTAINMENT.

AND THAT ADULT ENTERTAINMENT LAW WAS ON THE BOOKS THE WHOLE TIME.

IT'S BEEN ON THE BOOKS SINCE 1975 IN THE SAME FORM.

SO THAT LEADS ME TO THE FINAL PART OF MY PRESENTATION HERE, WHICH IS.

HOW IT'S IMPROPER TO CLASSIFY A TRAPEZE AS AN ADULT ENTERTAINMENT USE.

THERE'S TWO REASONS. THERE'S TWO PROBLEMS WITH IT.

ONE IS IT DOESN'T FIT THE DEFINITION OF ADULT ENTERTAINMENT THAT'S PROVIDED IN THE CODE.

AND TWO WAS THE THING THAT I WAS JUST TALKING ABOUT.

THEY'VE NEVER BEEN CLASSIFIED THAT WAY IN THE WHOLE TIME THEY'VE EXISTED, AND THEY'RE NOT CHANGING HOW THEY EXIST.

THERE'S NOTHING CHANGING ABOUT THE WAY THE CLUB IS OPERATED OR WHAT THEY DO.

SO IT'S FOR THOSE TWO REASONS IT'S IMPROPER TO TREAT THEM AS ADULT ENTERTAINMENT.

SO THE CODE PROVIDES US WITH A DEFINITION OF WHAT AN ADULT ENTERTAINMENT BUSINESS IS.

THAT'S CONTAINED IN SECTION 10-6.2, AND IT'S BASICALLY A LAUNDRY LIST OF BUSINESS TYPES ABOUT I COUNTED THEM.

IT WAS OVER A DOZEN.

ONE THING THAT'S NOT ON THAT LIST IS SWINGERS CLUBS, LIFESTYLE CLUBS, PRIVATE MEMBERSHIP CLUBS. IT'S NOWHERE TO BE FOUND ON THE LIST.

IF YOU LOOK AT THAT LIST, BASICALLY THE TYPES OF BUSINESSES THAT ARE INCLUDED CAN BE BROKEN DOWN INTO THREE BROADER CATEGORIES.

THERE'S THE BUSINESSES THAT SELL SEXUALLY EXPLICIT MATERIAL THAT WOULD BE LIKE AN ADULT BOOKSTORE, ADULT NOVELTY STORE.

THERE'S BUSINESSES THAT PRESENT SEXUALLY EXPLICIT PERFORMANCE, WHETHER LIVE OR ON VIDEO THAT WOULD INCLUDE ADULT CABARETS, ADULT THEATERS.

AND THEN THERE'S THE THIRD CATEGORY, WHICH IS BUSINESSES THAT OFFER DIRECT CONTACT OF A SEXUAL OR INTIMATE NATURE THAT WOULD INCLUDE PLACES THAT ARE TITLED BODY RUB, STUDIO AND COUNTER PARLOR NUDE MODELING STUDIO.

TRAPEZE DOESN'T FALL IN ANY OF THOSE THREE CATEGORIES.

THEY DON'T SELL ANY SEXUALLY EXPLICIT MATERIAL.

THEY DON'T PRESENT ANY SEXUALLY EXPLICIT PERFORMANCES, AND THEY DON'T OFFER ANY TYPE OF DIRECT CONTACT WITH ANY REPRESENTATIVE OR EMPLOYEE.

ALL THEY DO IS THEY PROVIDE A VENUE FOR PEOPLE TO MEET.

THERE'S A LATIN EXPRESSION IN THE LAW.

WHENEVER, WHENEVER LAWYERS WANT TO SOUND SMART, THEY START SAYING LATIN WORDS.

AND I'VE NEVER BEEN VERY GOOD AT IT.

BUT THERE'S A DOCTRINE CALLED EXPRESSIONIST EXCLUSIVE ALTARS.

AND WHAT THAT TRANSLATES TO IS THE MENTION OF ONE THING IMPLIES THE EXCLUSION OF ANOTHER.

SO BASICALLY, IT'S A STATUTORY INTERPRETATION RULE THAT SAYS IF YOU GOT A LAW AND THE LAW LISTS A BUNCH OF THINGS, IF SOMETHING'S NOT ON THAT LIST, THE PRESUMPTION IS IT'S NOT INCLUDED IN THAT LAW BECAUSE THE IDEA IS, WELL, IF THEY WANTED TO INCLUDE THAT, THEY WOULD HAVE PUT THAT IN THE LIST.

THEY'RE LISTING THINGS.

SO THE ABSENCE OF INCLUDING ANY DESCRIPTION OF A BUSINESS LIKE THIS FROM THAT LIST LEADS TO THE CONCLUSION, THE LEGAL CONCLUSION, THAT THAT TYPE OF BUSINESS IS NOT INCLUDED IN THIS LAW. AND AS I SAID, TRAPEZE HAS BEEN IN TRAPEZE HAS BEEN IN TAMARAC FOR 14 YEARS.

IF THEY WANTED TO CHANGE THE LAW TO INCLUDE SWINGERS CLUBS, THEY HAD PLENTY OF TIME TO DO IT. THEY NEVER DID.

THE CITY IS TAKING THE POSITION.

THAT TRAPEZE IS ADULT ENTERTAINMENT BECAUSE THEY CONSTITUTE AN ENCOUNTER PARLOR.

THAT'S WHAT THEIR RESPONSE SAID.

THEY GAVE ME THE LIST OF ALL THE BUSINESS TYPES THEY UNDERLINE AND ENCOUNTER PARLOR.

THERE'S A DEFINITION OF ENCOUNTER PARLOR INCLUDED IN THE CITY'S CODE.

1276. AND I'VE INCLUDED THAT THERE ON THE SCREEN.

ESSENTIALLY IT SAYS AN ENCOUNTER PARLOR IS ANY PLACE OF BUSINESS WHICH ADVERTISES OR CONDUCTS ACTIVITIES FOR COMPENSATION THAT IS DESIGNED OR INTENDED TO ESTABLISH A SEXUAL OR SOCIAL COMMUNICATION, ENGAGEMENT OR RELATIONSHIP, WHETHER ON OR OFF THE PREMISES

[03:00:05]

WELL, THERE'S TWO REASONS THAT THIS DOESN'T APPLY TO TRAPEZE.

THE FIRST IS TRAPEZE DOESN'T OFFER ANY ACTIVITIES FOR COMPENSATION OF THAT NATURE.

THEY DO NOT OFFER ANY TYPE OF INTIMATE OR SEXUAL CONTACT TO ITS MEMBERS.

ANYTHING LIKE THAT OCCURS OCCURS BY IN BETWEEN THE MEMBERS ON THEIR OWN, WITHOUT COMPENSATION, STRICTLY UP TO THEM.

THE NEXT PART IS EVEN MORE STRIKING, I THINK IT SAYS BETWEEN ITS CLIENTS AND ITS EMPLOYEES, IT'S VERY CLEAR WHAT THEY'RE TALKING ABOUT.

HERE ARE BUSINESSES WHERE A CLIENT COMES IN AND PAYS AN EMPLOYEE FOR CONTACT LIKE THAT.

THAT DOESN'T HAPPEN AT TRAPEZE.

THAT'S NOT WHAT THEY DO.

THAT'S AGAINST THEIR ENTIRE OPERATING PROCEDURE AND POLICIES.

IF YOU LOOK AT THE OTHER BUSINESSES THAT ARE INCLUDED IN THE SAME DEFINITION BECAUSE THE WAY THE DEFINITION IS LAID OUT, IT'S NOT JUST ENCOUNTERS, IT'S ALL THESE OTHER ONES THAT I'VE LISTED HERE HAVE THE SAME EXACT DEFINITION.

THAT POINT BECOMES EVEN MORE CLEAR.

THERE'S DATING SERVICES, ESCORT SERVICES, BODY PAINTING STUDIOS, SEX CONSULTATION BUSINESSES, NUDE PHOTOGRAPHY STUDIOS, NUDE MODELING BUSINESSES, NUDE DANCING STUDIOS.

THESE ARE ALL PLACES WHERE A CLIENT OR CUSTOMER GOES AND PAYS FOR A SPECIFIC SERVICE.

THAT'S NOT WHAT HAPPENS AT AT TRAPEZE.

AN ENCOUNTER PARLOR SELLS ENCOUNTERS.

THAT'S NOT WHAT HAPPENS AT TRAPEZE.

IF WE WERE TO FOLLOW THE CITY'S DEFINITION OF AN ENCOUNTER PARLOR TO ITS LOGICAL CONCLUSION THAT BASICALLY EVERY HOTEL IN THE CITY OF TAMARAC WOULD BE AN ENCOUNTER STUDIO BECAUSE ALL IT WOULD TAKE IS FOR A GROUP OF PEOPLE TO MEET IN THE HOTEL LOUNGE AND THEN DECIDE TO ADJOIN TO THE ROOM FOR A SEXUAL RENDEZVOUS.

AND ALL OF A SUDDEN NOW THERE'S AN ENCOUNTER PARLOR.

IT JUST DOES IT.

I THINK THIS IS AN EFFORT BY THE CITY TO TRY AND SHOEHORN TRAPEZE INTO ONE OF THE EXISTING CATEGORIES.

THAT DOESN'T APPLY TO IT.

IT WAS NEVER INTENDED TO APPLY TO THIS TYPE OF BUSINESS.

THE NEXT PROBLEM WITH THIS DESIGNATION BY THE CITY HAS TO DO WITH SOMETHING I MENTIONED EARLIER THE FACT THAT THEY'VE NEVER BEFORE ATTEMPTED TO DO THIS.

TRAPEZE HAS BEEN IN TAMARAC FOR 14 YEARS.

THEY'VE EVERYONE THEY'VE BEEN VERY UPFRONT WITH WHAT THEY DO.

THEY'VE NEVER HID WHAT THEY ARE.

THEY'VE GONE TO THE CITY AND REGISTERED AND GOTTEN LICENSED EVERY YEAR.

AND THERE'S NEVER BEEN ANY EFFORT TO SAY THAT THEY WERE ADULT ENTERTAINMENT.

AND WHAT THAT INVOKES AS FAR AS THE LAW IS CONCERNED, IS SOMETHING KNOWN AS THE DOCTRINE OF LATCHES LAX.

WHAT LATCHES ARE IS IF THERE'S BEEN A HISTORY OF ALLOWING AN ACTIVITY TO OCCUR AND THE CITY IS ON NOTICE OF THAT, AND THEY DON'T DO ANYTHING TO STOP IT OR TO ENFORCE THEIR LAW, THEN THEY CAN BE BARRED FROM ENFORCING THEIR LAW AT SOME POINT IN TIME.

AND THE COURTS HAVE APPLIED THAT TO TO ZONING CASES.

AND HERE I THINK THERE'S A REAL LATCHES QUESTION, YOU KNOW, ESPECIALLY IF THE CITY IS GOING TO NOW THIS LATE IN THE GAME, ATTEMPT TO TOTALLY RECLASSIFY HOW THIS BUSINESS IS TREATED BY THE CITY.

IT BECOMES VERY RELEVANT THAT FOR THE PAST 14 YEARS THEY'VE NEVER ATTEMPTED TO DO THIS, THAT THEY'VE LICENSED THE BUSINESS OTHERWISE.

THERE'S A COUPLE OF OTHER KEY DIFFERENCES, I THINK, BETWEEN TRAPEZE AND THE TYPES OF BUSINESSES THAT ARE INCLUDED IN THE ADULT ENTERTAINMENT BUSINESS ORDINANCE.

FIRST OF ALL, IT'S A PRIVATE CLUB.

NONE OF THESE OTHER BUSINESSES THAT THEY DEFINE AS ADULT BUSINESSES ARE PRIVATE CLUBS.

ONE OF THE BIG STRIKING DIFFERENCES IS IT'S NOT FOR SINGLE MEN.

ALL THESE OTHER CLUBS ARE TARGETED TOWARDS MEN.

TRAPEZE IS A COUPLES CLUB.

THAT'S WHAT THEIR MEAT AND POTATOES IS.

THAT'S WHO. THAT'S THE BULK OF THEIR MEMBERSHIP AND THAT'S WHAT THEY'RE DESIGNED TO SERVE. IT WOULD BE INCONCEIVABLE TO THINK OF A REGULAR ADULT BUSINESS SAYING ON SATURDAY, NO SINGLE MEN CAN COME INTO THIS BUSINESS.

THEY PROBABLY WOULDN'T BE IN BUSINESS VERY LONG.

AND FINALLY, IT'S THE WAY THE CLUB PRESENTS ITSELF.

THIS IS NOT A CLUB THAT HAS FLASHING LIGHTS.

THIS IS NOT A CLUB THAT HAS PROVOCATIVE ARTWORK.

THIS IS NOT A CLUB THAT USES TITILLATING LANGUAGE TO TRY TO DRAW PEOPLE IN.

AS I SAID EARLIER AND I'LL CLOSE ON THIS POINT, YOU CAN DRIVE BY THIS CLUB EVERY DAY FOR YEARS AND NOT KNOW WHAT IT IS.

IT JUST BLENDS. AND THAT'S THEIR IDEA.

SO THAT'S ANOTHER THING. THESE ARE ALL THINGS THAT SET THEM APART FROM THE TYPE OF BUSINESS THAT THE CITY IS TRYING TO CLASSIFY THEM AS NOW.

SO BASED ON THAT, I WOULD ASK THAT THE BOARD REVERSE THE DECISION OF THE COMMUNITY

[03:05:06]

I THINK THAT IS CLEARLY THE MOST FITTING CATEGORY FOR THEM AND I WILL FREE TO TAKE ANY QUESTIONS, IF YOU HAVE ANY.

AT THIS TIME, IF YOU DON'T MIND, I'M GOING TO ASK FOR A 2 TO 5 MINUTE RECESS AND THEN WE'LL CONTINUE WITH QUESTIONS.

IS THAT OKAY WITH EVERYONE? OKAY. THANK YOU.

THANK YOU. WELL, HOW? ALLOW THEM TO ASK QUESTIONS.

OKAY. WE'LL RESUME.

IT IS NOW 12:26 AND WE'LL RESUME.

SO [INAUDIBLE] HAS JUST GIVEN HIS PRESENTATION.

WE'RE GOING TO ALLOW FOR THE CITY TO GIVE THEIR PRESENTATION.

AND THEN AFTER THAT, WILL THE BOARD WILL BE ABLE TO ASK QUESTIONS.

AND WE'LL ALSO HAVE THE PUBLIC'S COMMENTS AT THAT TIME.

AND.

OKAY. GOOD MORNING.

GOOD MORNING, BOARD, MADAM CHAIR.

FOR THE RECORD, MY NAME IS ROB JOHNSON.

I'M SENIOR PLANNER FOR THE COMMUNITY DEVELOPMENT DEPARTMENT.

AND JUST A LITTLE BACKGROUND ON MYSELF THAT I STARTED WITH THE CITY OF OAKLAND PARK AS A PLANNING TECHNICIAN IN 2001.

I OBTAINED A POSITION OF ASSOCIATE PLANNER HERE AT THE CITY OF TAMARAC IN 2009 HAVE SINCE BEEN PROMOTED TO SENIOR PLANNER.

SO I'VE BEEN INTERPRETING ZONING CODE FOR FOR OVER 20 YEARS NOW.

AND SO WITH THAT, WE'LL JUST BEGIN THAT.

RUSSELL [INAUDIBLE] DESIGNATED AGENT FOR THE BUSINESS OWNER, WHICH IS MEMBERS ONLY MANAGEMENT LLC, IS SEEKING A ADMINISTRATIVE APPEAL OF THE INTERPRETATION RENDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT WITHIN THE ZONING VERIFICATION LETTER DATED FEBRUARY 18, 2022, REGARDING THE RELOCATION OF TRAPEZE FROM 6830 OR 26830 NORTH UNIVERSITY DRIVE.

THE EXISTING TRAPEZE BUSINESS IS LOCATED WITHIN THE TAMARAC SQUARE PLAZA IN APPROXIMATELY 8900 SQUARE FOOT SPACE AT 5213.

NORTH STATE ROAD SEVEN.

THE EXISTING LOCATION AT 5213, NORTH STATE ROAD SEVEN HAS A CITY OF TAMARAC FUTURE LAND USE DESIGNATION OF COMMERCIAL AND A ZONING CLASSIFICATION OF MUC.

MIXED USE CORRIDOR.

THE TRAPEZE IS SEEKING TO RELOCATE AND EXPAND INTO THE UNIVERSITY COMMON SHOPPING PLAZA, LOCATED ON THE SOUTHEAST CORNER OF UNIVERSITY DRIVE AND WEST MCNAB ROAD IN APPROXIMATELY 18,900 SQUARE FOOT SPACE AT 6830 NORTH UNIVERSITY DRIVE.

THE UNIVERSITY COMMON SHOPPING PLAZA HAS A CITY OF TAMARAC FEATURE LAND USE DESIGNATION OF COMMERCIAL AND A ZONING CLASSIFICATION OF MUC.

SO IT'S THE SAME ZONING AND AND LAND USE CATEGORY AS THE WHERE THE EXISTING USE IS.

TO THE NORTH OF THE SUBJECT PROPERTY ACROSS WEST MCNAB ROAD IS THE ALDI'S PLAZA ZONED MUC WITH A FUTURE LAND-USE DESIGNATION OF COMMERCIAL.

TO THE SOUTH OF THE SUBJECT PROPERTY IS THE [INAUDIBLE] OF TAMARAC OFFICE CONDOMINIUMS ZONED MUN MIXED-USE NEIGHBORHOOD WITH A FUTURE LAND-USE DESIGNATION OF COMMERCIAL AND CATALINA PLACE, WHICH IS A MULTIFAMILY RESIDENTIAL TOWNHOME.

IT'S ZONED R-3 WITH A FUTURE LAND-USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL.

TO THE WEST OF THE SUBJECT.

PROPERTY ACROSS UNIVERSITY DRIVE IS A MULTIFAMILY RESIDENTIAL CONDOMINIUM ZONED R-3 WITH A FUTURE LAND-USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL AND TO THE EAST OF THE SUBJECT PROPERTY IS THE TAMARAC COMMONS PLAZA, WHICH IS ZONED NC NEIGHBORHOOD COMMERCIAL WITH A FUTURE LAND-USE DESIGNATION OF COMMERCIAL AND THE MAINLANDS AT TAMARAC LAKE SINGLE-FAMILY SUBDIVISION ZONED R-1 SINGLE-FAMILY RESIDENTIAL WITH A FUTURE LAND-USE DESIGNATION OF LOW RESIDENTIAL.

SO THIS WILL FAMILIARIZE YOURSELF WITH THE LOCATION AND THE ADJACENT USES AND ZONING.

IN FEBRUARY OF 2008, A BUSINESS REVENUE RECEIPT COMMERCIAL APPLICATION.

IT WAS SUBMITTED FOR A NEW BUSINESS NAMED WORLDWIDE ENTERTAINMENT OF GEORGIA, INC AT 5213 NORTH STATE ROAD SEVEN.

THE NEW BUSINESS IS DESCRIBED AS A MEMBERS-ONLY PRIVATE SOCIAL CLUB WITHIN THE BUSINESS REVENUE RECEIPT AND WAS PROPOSED IN A B-2 PLANNED COMMUNITY BUSINESS ZONING DISTRICT.

THE INITIAL REVIEW OF THE BUSINESS REVENUE RECEIPT COMMERCIAL APPLICATION FOR WORLDWIDE

[03:10:02]

IT WAS APPROVED ON FEBRUARY 23RD, 2008, AND THE SENIOR OCCUPATIONAL LICENSE SPECIALIST OR THE INITIAL REVIEW WAS APPROVED ON FEBRUARY 23RD, 2008, AND THE SENIOR OCCUPATIONAL LICENSE SPECIALIST APPROVAL WAS GIVEN ON FEBRUARY 24, 2008.

THE NEW BUSINESS WAS ASSIGNED A BUSINESS TAX FEE OF $260.25 AND CLASSIFIED AS A DANCE HALL AND SOCIAL CLUB.

IN ACCORDANCE WITH THE FEE CHART AND CLASSIFICATIONS WHICH ARE CONTAINED IN CHAPTER 12 OF THE CITY'S CODE OF ORDINANCES.

AT THE TIME, THE NEW BUSINESS WAS NOT ASSIGNED A TAX FEE OF $260.50, WHICH IS THE FEE ASSOCIATED WITH THE LODGE OR PRIVATE CLUB CLASSIFICATION AS THE USE CONTAINS A DANCE FLOOR AREA AND WAS DESCRIBED BY THE APPLICANT AS A SOCIAL CLUB.

ON FEBRUARY 25TH, 2008, IN ACCORDANCE WITH THE CITY'S PROCESS, THE BUSINESS REVENUE RECEIPT COMMERCIAL APPLICATION FOR WORLDWIDE ENTERTAINMENT OF GEORGIA.

IT WAS APPROVED BY THE PLANNING AND ZONING USING THE CLUB OR LODGE PRIVATE DESIGNATION AS THE USE WAS PERMITTED IN THE B-2 AND B-3 ZONING DISTRICTS PURSUANT TO THE CODE OF ORDINANCES IN EFFECT AT THAT TIME.

THE PROCESS OF ASSIGNING ZONING USE CLASSIFICATION THAT MOST CLOSELY ALIGNS WITH THE BUSINESS TAX CLASSIFICATION WAS PROVIDED FOR IN THE BUSINESS AND COMMERCIAL USES LIST OF THE CODE OF ORDINANCES IN EFFECT, WHICH STATED ANY USE SIMILAR TO THE LISTED USES SHALL BE PERMITTED. SO IT GIVES US A LIST AND THEN IT SAYS ANY LISTING THAT'S SIMILAR, WELL, IT SHOULD BE THAT LISTING.

SO ESSENTIALLY THE CLASSIFICATION, THE EXACT CLASSIFICATION OF A DANCE HALL OR SOCIAL CLUB WAS NOT ENUMERATED IN THE PERMITTED USAGE CHART OF THE ZONING CODE, THEREBY REQUIRING STAFF TO ELECT THE USE THAT WAS MOST CLOSELY ALIGNED IN THE ZONING CODE.

THUS, THE USE WAS DESCRIBED AS A MEMBERS-ONLY PRIVATE SOCIAL CLUB WAS PERMITTED AS A CLUB OR LODGE PRIVATE.

THEN ON JUNE 23RD, 2008, THE APPLICANT OR AUTHORIZED AGENT FOR THE BUSINESS REVENUE RECEIPT COMMERCIAL APPLICATION FOR WORLDWIDE ENTERTAINMENT OF GEORGIA INC SIGNED THE APPLICATION AFFIRMING THE INFORMATION GIVEN ON THE KNOWLEDGE BEING TRUE TO THE BEST OF THE APPLICANT'S KNOWLEDGE AND BELIEF, AND INITIALLY AUTHORIZED TO ACT AND BIND THE FIRM IN ALL MATTERS CONNECTED WITH THE BUSINESS.

ON JUNE 25, 2008, THE BUSINESS REVENUE RECEIPT FOR THE WORLDWIDE ENTERTAINMENT OF GEORGIA WAS APPROVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT, AND THEN FINALLY THE BUSINESS REVENUE RECEIPT WAS PRINTED FOR THE BUSINESS LOCATION ON JUNE 26, 2008.

THE BUSINESS REVENUE RECEIPT FOR WORLDWIDE ENTERTAINMENT OF GEORGIA WAS RENEWED FROM 2008 TO 2012.

THEN ON AUGUST 9, 2012, THE BUSINESS REVENUE RECEIPT COMMERCIAL APPLICATION WAS SUBMITTED FOR A NAME CHANGE FROM WORLDWIDE ENTERTAINMENT OF GEORGIA, INC TO TAMARAC TRAPEZE OF FLORIDA INC AT THE EXISTING LOCATION.

SO JUST TO CHANGE THE NAME ONLY.

THE APPLICANT OR AUTHORIZED AGENT OF THE BUSINESS REVENUE RECEIPT COMMERCIAL APPLICATION FOR THE TAMARAC TRAPEZE OF FLORIDA INC DESCRIBED THE EXISTING BUSINESS AS A PRIVATE MEMBERSHIP CLUB, AND THEN SIGN THE APPLICATION ON AUGUST 25TH, 2012, AS TO AFFIRMING THE INFORMATION. THE DESCRIPTION OF THE EXISTING BUSINESS WAS CHANGED FROM MEMBERS ONLY PRIVATE SOCIAL CLUB ON THE ORIGINALLY SUBMITTED APPLICATION FOR THE USE TO PRIVATE MEMBERSHIP CLUB ON THE NEW APPLICATION FOR NAME CHANGE FOR TAMARAC TRAPEZE OF FLORIDA, INC. THE INITIAL REVIEW OF THE BUSINESS REVENUE RECEIPT FOR COMMERCIAL APPLICATION FOR TAMARAC TRAPEZE OF FLORIDA WAS APPROVED ON AUGUST 31ST, 2012, AND THE SENIOR BUSINESS REVENUE SPECIALISTS APPROVAL WAS GIVEN ON THAT SAME DAY.

PLANNING AND ZONING APPROVAL WAS GIVEN ON SEPTEMBER 4TH, 2012, AND ON THAT SAME DAY, THE BUSINESS REVENUE RECEIPT APPLICATION WAS APPROVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT. THE EXISTING BUSINESS WAS THEN ASSIGNED A BUSINESS TAX OF $273.25 CLASSIFIED AS A DANCE HALL AND SOCIAL CLUB.

CONSISTENT WITH THE CLASSIFICATION OF THE PREVIOUSLY CHARGED BUSINESS TAX FEE.

THE BUSINESS REVENUE RECEIPT FOR TAMARAC TRAPEZE OF FLORIDA, INC WAS PRINTED FOR DISPLAY AT THE BUSINESS LOCATION ON SEPTEMBER 17, 2012, AND THE BUSINESS AND REVENUE RECEIPT FOR TAMARAC TRAPEZE OF FLORIDA, INC WAS RENEWED FROM 2012 TO 2017.

THEN ON NOVEMBER 29, 2017, A BUSINESS REVENUE RECEIPT COMMERCIAL APPLICATION WAS SUBMITTED FOR A NAME CHANGE FROM TAMARAC TRAPEZE FLORIDA INC TO MEMBER ONLY MANAGEMENT LLC AT THE EXISTING LOCATION.

THE APPLICANT OR AUTHORIZED AGENT FOR THE BUSINESS REVENUE RECEIVED FROM MEMBER ONLY

[03:15:02]

THE BUSINESS REVENUE RECEIPT COMMERCIAL APPLICATION FOR MEMBER ONLY MANAGEMENT WAS APPROVED BY THE SENIOR BUSINESS REVENUE SPECIALISTS ON NOVEMBER 30TH, 2017, AND THE ZONING USE APPROVAL WAS GIVEN ON NOVEMBER 30TH, 2017, THAT SAME DAY.

THE EXISTING BUSINESS WAS ASSIGNED A BUSINESS TAX FEE OF $273.50 CLASSIFIED AS A DANCE HALL AND SOCIAL CLUB.

CONSISTENT WITH THE CLASSIFICATION OF THE PREVIOUSLY CHARGED BUSINESS TAX FEE.

THE BUSINESS REVENUE RECEIPT FROM MEMBER ONLY MANAGEMENT WAS PRINTED FOR DISPLAY AT THE BUSINESS LOCATION ON DECEMBER 11, 2017 AND HAS BEEN RENEWED UP TO THIS DATE.

SO TO MAKE A DISTINCTION, SINCE 2008 TRAPEZE AND ITS PREDECESSORS HAS OPERATED THE BUSINESS UNDER THE DANCE HALL AND SOCIAL CLUB CLASSIFICATION, AND INCIDENTALLY, THE CLASSIFICATION CHART IN CHAPTER 12, WHICH IS ON SCREEN IN FRONT OF YOU.

IT DOES PROVIDE FOR A LODGE OR PRIVATE CLUB CLASSIFICATION AND AN ASSOCIATION FEE WHICH WAS NEVER ASSIGNED TO THE TRAPEZE OR ITS PREDECESSORS FOR THE OVER 14 YEARS THAT THE BUSINESS HAS OCCUPIED THAT LOCATION.

SO AS YOU CAN SEE ON YOUR SCREEN, THE TOP LISTING IS A DANCE HALL AND SOCIAL CLUB GIVES A BUSINESS FEE OF $273.50, AND THEN THE LAST LISTING IS THE LODGES OR PRIVATE CLUB, WHICH GIVES A BUSINESS FEE OF $273.50.

SO THERE'S A $0.25 DIFFERENCE IN THE FEES.

ON JULY 11, 2008.

THE CITY COMMISSION, RECOGNIZING THAT THE CITY'S CODE IS OUTDATED AND REQUIRED SIGNIFICANT CHANGES, APPROVED ORDINANCE NUMBER 2008-09 REPEALING CHAPTERS 10, 11, 18, 21 AND 24 OF THE CITY OF TAMARAC'S LAND DEVELOPMENT CODE AND ZONING REGULATIONS AS CONTAINED IN THE CITY'S CODE OF ORDINANCES AND ADOPTED A NEW LAND DEVELOPMENT CODE FOR THE CITY, AND ALSO ADOPTED A NEW MAP REFLECTING THE NEW ZONING DISTRICTS PROVIDED FOR IN THE NEW LAND DEVELOPMENT CODE--THAT MAPS SHOWN IN SCREEN IN FRONT OF YOU.

THIS COMPREHENSIVE CHANGE WAS UNDERTAKEN TO ADDRESS THE MANY CONFLICTS CONTAINED WITHIN THE CODE OF ORDINANCES, SPECIFICALLY BETWEEN CHAPTER 12 AND CHAPTER 24, ADDRESSED A NUMBER OF INCONSISTENCIES AND TO PROVIDE DEFINITIONS WHERE NONE EXISTED.

WE DID NOT HAVE PREVIOUSLY USED DEFINITIONS WITHIN OUR CODE.

NUMBER FOUR OF SECTION FIVE TRANSITION OF THE ORDINANCE STATES THAT ANY USE OF LAND STRUCTURE OR OTHER CONDITION WHICH WOULD LAWFUL BEFORE THE EFFECTIVE DATE OF THE ORDINANCE, WHICH WAS JULY 11, 2018, BUT WHICH IS RENDERED NONCONFORMING OR GRANDFATHERED BY THE ADOPTION OF THIS ORDINANCE SHALL BE GOVERNED BY THE PROVISIONS OF THE OF THE LDC APPLICABLE TO NONCONFORMING GRANDFATHER USES DEFINED IN THE LDC.

FURTHER, A NONCONFORMING USE OR STRUCTURE IS ONE IN WHICH THE USE OR STRUCTURE WAS LEGALLY PERMITTED OR PRIOR TO THE CHANGE IN THE LAW, AND THE CHANGE IN LAW WOULD NO LONGER PREVENT THE REESTABLISHMENT OF SUCH STRUCTURE OF USE.

ULTIMATELY, LOCAL GOVERNMENTS ARE CHARGED WITH THE INTERPRETATION ENFORCEMENT OF THEIR CODES, AND THOSE INTERPRETATIONS WILL NOT BE OVERRULED, UNLESS IT IS CLEARLY ERRONEOUS.

TO THAT END, THE CITY CAN ALSO CONVERT NONCONFORMING USES TO CONFORMING USES.

PURSUANT TO THE ADOPTION OF THE ORDINANCE, THE EXISTING PROPERTY AT 5213 OR STATE ROAD SEVEN, IT WAS REZONED FOR B-2, WHICH WAS PLANNED COMMUNITY BUSINESS WHICH ALLOWED FOR THE PRIVATE CLUB TO MUC MIXED-USE CORRIDOR.

THE NEW LDC PERMITS A CLUB OR LODGE PRIVATE IN THE MUC MIXED-USE CORRIDOR ZONING DISTRICT. HOWEVER, THE NEW LDC PROVIDED FOR USE CATEGORIES AND DEFINITIONS THAT WERE NOT PREVIOUSLY PROVIDED FOR IN THE REPEAL CHAPTERS OF THE CITY OF TAMARAC CODE OF ORDINANCES.

THE PERMITTED USES MASTER LIST OF THE REPEALED CHAPTER 24 OF THE CITY OF TAMARAC CODE OF ORDINANCES CATEGORIZED THE CLUB OR LODGE PRIVATE AS A CULTURAL ENTERTAINMENT AND RECREATIONAL. SO YOU CAN SEE THAT HEADING ON THE SCREEN IN FRONT OF YOU AND THEN IT LISTS CLUB OR PRIVATE UNDERNEATH IT AND SHOWS HOW IT'S PERMITTED IN B-2 AND B-3 ZONING DISTRICTS. THE NEW LDC PROVIDED THE CLUB OR LODGE PRIVATE USE IN A NEW COMMUNITY AND CULTURAL FACILITIES USE CATEGORY THAT IS LISTED UNDER PUBLIC, INSTITUTIONAL AND CIVIC.

THE COMMUNITY AND CULTURAL FACILITIES USE CATEGORIES ALSO INCLUDE COUNTRY CLUB, A HALL FOR HIRE, A LIBRARY, ART OR MUSEUM, MUNICIPAL FACILITIES, RELIGIOUS ASSEMBLY OR A

[03:20:04]

THE LAND DEVELOPMENT CODE DEFINES A CLUB OR LODGE PRIVATE WHERE THERE WAS NO DEFINITION PROVIDED FOR BEFORE AS A NON-RESIDENTIAL ORGANIZATION OF PERSONS FOR SPECIAL PURPOSES OR THE PROMULGATION OF SPORTS, ARTS, LITERATURE, POLITICS OR OTHER COMMON GOALS, INTERESTS OR ACTIVITIES CHARACTERIZED BY MEMBERSHIP, QUALIFICATIONS, DUES, REGULAR MEETINGS, MINUTES AND OR BOARD MEMBERS, AND THIS DEFINITION SHALL INCLUDES USES SUCH AS FRATERNAL LODGE AND SINGING SOCIETY, AND THE DEFINITION DOES NOT INCLUDE RESIDENTIAL FACILITIES OR SOCIAL MEMBERSHIP CLUBS.

THE NEW DEFINITION OF A CLUB OR LODGE PRIVATE RENDERED THE EXISTING USE AT 5213 NORTH STATE ROAD SEVEN, AS NON-CONFORMING AS A SOCIAL CLUB WAS NOT INCLUDED IN THE DEFINITION, AND THAT'S WHAT THEY PREVIOUSLY DESCRIBED THE BUSINESS AS, AS A SOCIAL CLUB.

SO THE USE WAS DESCRIBED IN THE ORIGINALLY SUBMITTED BUSINESS REVENUE RECEIPT APPLICATION AS A MEMBER'S ONLY SOCIAL CLUB, AS YOU CAN SEE RIGHT ON THE SCREEN, AND WAS CHARGED A BUSINESS TAX FEE OF $260.25.

ADDITIONALLY TAMARAC TRAPEZE OF FLORIDA AND MEMBER ONLY MANAGEMENT WAS CHARGED A BUSINESS TAX FEE OF $273.25 CLASSIFIED AS A DANCE HALL OR SOCIAL CLUB.

LASTLY, THE BUSINESS REVENUE RECEIPT PRINTED AND DISPLAYED FOR WORLDWIDE ENTERTAINMENT OF GEORGIA, INC, TAMARAC TRAPEZE OF FLORIDA, INC AND MEMBER ONLY MANAGEMENT LLC AT THE BUSINESS LOCATION AT 5213 NORTH STATE ROAD SEVEN IDENTIFIES THE CLASSIFICATION OF THE BUSINESS AS DANCE HALL AND SOCIAL CLUB, RIGHT ON THEIR BUSINESS REVENUE RECEIPT THAT WAS DISPLAYED ON THE BUSINESS.

FURTHERMORE, THE USE CATEGORIES AND USE TYPES DEFINED SECTION OF THE NEW LDC SPECIFICALLY DEFINES ADULT ENTERTAINMENT USE AS ANY BODY RUB OR BATHHOUSE ESTABLISHMENT, ADULT BOOKSTORE, ADULT MOTION PICTURE THEATER, ADULT MINI MOTION PICTURE THEATER, ADULT CABARET OR THEATER ESCORT SERVICE, BODY PAINTING STUDIO, INTER COUNTER PARLOR, SEX CONSULTING CONSULTATION BUSINESS NUDE PHOTOGRAPHY STUDIO NUDE MODELING BUSINESS NUDE DANCING STUDIO, DATING SERVICE OR ANY OTHER SIMILAR ADULT BUSINESS, AND THEN SECTION TEN 6.3 OF THE LAND DEVELOPMENT CODE.

THE NEW LAND DEVELOPMENT CODE ALSO DEFINE ADULT ENTERTAINMENT AS WITHOUT LIMITATION ANY PLACE OF BUSINESS WHICH ADVERTISES OR CONDUCTS ACTIVITIES FOR COMPENSATION THAT IS DESIGNED OR INTENDED TO ESTABLISH A SEXUAL OR SOCIAL COMMUNICATION, ENGAGEMENT OR RELATION, WHETHER ON OR OFF PREMISES BETWEEN ITS CLIENTS AND EMPLOYEES.

SO THIS IS THE DEFINITION THAT WAS PROVIDED FOR ADULT ENTERTAINMENT.

THERE IS NO DEFINITION WITHIN THE CITY CODE OF AN ENCOUNTER PARLOR.

THE TRAPEZE CLUB WEBSITE IDENTIFIES THE USE AS AN PREMISES SWINGERS CLUB KNOWN AS THE TRAPEZE FORT LAUDERDALE.

IT'S THE NUMBER ONE SWINGERS CLUB IN FORT LAUDERDALE WITH A 100% SWINGING AND THIS IS RIGHT FROM THEIR WEBSITE.

THE WEBSITE STATES THAT THE USE IS A BRING YOUR OWN BOTTLE SEX CLUB.

SO RIGHT ON THE WEBSITE THEY IDENTIFY THEMSELVES AS A BRING YOUR OWN BOTTLE SEX CLUB RIGHT THERE ON A SCREEN IN FRONT OF YOU.

THE U.S. IS DESCRIBED AS AN UPSCALE PRIVATE MEMBERSHIP CLUB, AND THAT'S WHERE THE ATTORNEY RUSS WAS SPEAKING IN REGARDS TO THE DRESS CODE THAT'S REQUIRED, AND THE EXISTING USE AS DESCRIBED ON THE WEBSITE IS CONSISTENT WITH THE PERFORMANCE OF ADULT ENTERTAINMENT USE AND NOT AT CLUB OR LODGE PRIVATE.

THE DEFINITION OF AN ADULT ENTERTAINMENT USE WITHIN THE LAND DEVELOPMENT CODE MORE APPROPRIATELY DESCRIBES THE USE IN GENERAL AND SPECIFICALLY PROVIDES EXAMPLES OF USES THAT ARE ADULT ENTERTAINMENT IN NATURE, SUCH AS AN ENCOUNTER PARLOR, AND SO WE CAN LOOK RIGHT FROM THEIR WEBSITE, IT TALKS ABOUT THE BACK ROOM OF A SEX CLUB.

THAT'S WHAT MR. [INAUDIBLE] WAS ACKNOWLEDGING.

[03:25:02]

THERE'S A STRIPPER POLE AVAILABLE TO ANYONE WHO'S IN THE MOOD TO ENTERTAIN AND SHOW OFF THEIR SKILLS. NOTE, STREET CLOTHES ARE NOT ALLOWED IN THE BACK ROOM.

WE HAVE LOCKERS AVAILABLE FOR USE.

WHILE ENCOUNTER PARLOR IS NOT DEFINED IN THE CITY'S CODE, STAFF LOOKED AT AN INDUSTRY SOURCE, SPECIFICALLY, A PLANNERS DICTIONARY BY THE AMERICAN PLANNERS ASSOCIATION, WHICH DEFINES ADULT USE, SEXUAL ENCOUNTER ESTABLISHMENT AS A BUSINESS OR COMMERCIAL ENTERPRISE THAT, AS ONE OF ITS PRINCIPAL BUSINESS PURPOSES, OFFERS FOR ANY FORM OF CONSIDERATION A PLACE WHERE TWO OR MORE PERSONS MAY CONGREGATE, ASSOCIATE OR CONSORT FOR THE PURPOSE OF SPECIFIED SEXUAL ACTIVITIES OR THE EXPOSURE OF SPECIFIED ANATOMICAL AREAS WHEN ONE OR MORE OF THE PERSONS EXPOSES ANY SPECIFIED ANATOMICAL AREA.

SECTION 10-1.9(B)(1) CONTINUATION OF THE LAND DEVELOPMENT CODE.

IT STATES A NONCONFORMING USE MAY CONTINUE TO EXIST, EVEN THOUGH IT DOES NOT CONFORM TO THE CURRENT APPLICABLE USE STANDARDS OF THE LAND DEVELOPMENT CODE.

IT'S WHY THEY WERE ALLOWED TO REMAIN THAT WHOLE TIME.

ANY REESTABLISHMENT, EXPANSION OR RELOCATION OF THE NON-CONFORMING EXISTING USE WOULD CLASSIFY THE RELOCATED USE AS ADULT ENTERTAINMENT PURSUANT TO THE NEW LDC.

IN ACCORDANCE WITH THE SECTION OF CODE REGARDING A CHANGE OF USE, ANY CHANGE OF A NONCONFORMING USE SHALL BE TO A CONFORMING USE.

SO A RESPONSE LETTER AS THE ATTORNEY FOR MEMBER ONLY MANAGEMENT DESCRIBED THAT HE SENT IN A ZONING VERIFICATION LETTER ON FEBRUARY 1ST, 2022, ON BEHALF OF HIS CLIENT MEMBER ONLY MANAGEMENT LLC, AND THE PURPOSE OF THE ZONING VERIFICATION LETTER WAS DETERMINED THE ABILITY OF THE EXISTING BUSINESS TO EFFECTUATE CHANGE IN LOCATION FROM 5213 NORTH STATE ROAD SEVEN.

THAT'S 8936 SQUARE FEET TO 6830 NORTH STATE NORTH UNIVERSITY DRIVE, WHICH IS 18,919 SQUARE FOOT SPACE. SO IT WOULD BE MORE THAN DOUBLE THE SIZE.

A RESPONSE LETTER TO THE ZONING VERIFICATION REQUEST, DATED FEBRUARY 19, 2022, WAS PROVIDED FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT TO THE REQUESTOR.

THE LETTER ADVISED THE REQUESTOR OF THE CITY'S NONCONFORMING DOCTRINE, CONTAINED IN THE CITY'S SECTION OF CODE, REQUIRING ANY CHANGE TO A NONCONFORMING USE TO BE CONFORMING.

THEREFORE, A CHANGE FROM ONE LOCATION TO THE NEXT IS CONSIDERED AN EXPANSION AND A RELOCATION, AND AS SUCH, A CHANGE IS REQUIRED TO CONFORM TO THE CITY'S CODE.

ON MARCH 15, 2022, A CASE DEVELOPMENT APPLICATION FOR ADMINISTRATIVE APPEAL WAS THEN SUBMITTED BY RUSSELL L.

CORMICAN, ESQ. ATTORNEY FOR THE MEMBER ONLY MANAGEMENT OF THE INTERPRETATION RENDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT WITHIN THE ZONING VERIFICATION LETTER DATED FEBRUARY 18, 2022, REGARDING THE RELOCATION OF THE TRAPEZE TO 6830 NORTH UNIVERSITY DRIVE. THAT'S WHY WE'RE HERE TODAY.

IN ACCORDANCE WITH SECTION 10-5.4 DEVELOPMENT CODE, THE PURPOSE OF AN ADMINISTRATIVE APPEAL IS TO ESTABLISH AN ADMINISTRATIVE REMEDY WHEREBY PERSONS CLAIMING TO HAVE BEEN AGGRIEVED BY A DECISION OF THE DIRECTOR OR OTHER ADMINISTRATIVE OFFICIAL IN ADMINISTRATING THE LAND DEVELOPMENT CODE MAY APPEAL THAT DECISION ADMINISTRATIVELY.

ANY PART AGGRIEVED BY A DECISION, INTERPRETATION OR ORDER MADE BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OR OTHER ADMINISTRATIVE OFFICIAL IN AN ADMINISTRATOR AND ADMINISTERING OR ENFORCING THE PROVISIONS OF THE LAND DEVELOPMENT CODE MAY APPEAL THE DECISION, INTERPRETATION OR ORDER TO THE PLANNING BOARD BY SUBMITTING A AN ADMINISTRATIVE APPEAL APPLICATION TO THE DIRECTOR OF COMMUNITY DEVELOPMENT WITHIN 30 DAYS AFTER THE DECISION, INTERPRETATION OR ORDER BEING APPEALED AND THAT'S WHAT WE RECEIVED.

SO THE CODE SAYS THAT THE PLANNING BOARD SHALL REVIEW THE APPLICATION, HOLD A QUASI-JUDICIAL PUBLIC HEARING, WHICH WE'RE DOING NOW, AND THEN DECIDE THE APPLICATION, AND THEN YOUR DECISION SHALL BE ONE OF THE FOLLOWING.

IT SHOULD BE AFFIRMATION OF THE DECISION, INTERPRETATION OR ORDER BEING BEING APPEALED IN WHOLE OR IN PART.

NUMBER TWO, IT CAN BE A MODIFICATION OF THE DECISION, INTERPRETATION OR ORDER BEING APPEALED IN WHOLE OR IN PART.

OR YOU CAN REVERSE THE DECISION INTERPRETATION OR ORDER BEING APPEALED IN WHOLE OR IN PART.

IN DECIDING THE APPLICATION, THE PLANNING BOARD SHALL MAKE ANY ORDER, REQUIREMENT OR DECISION OR DETERMINATION THAT IN ITS OPINION, OUGHT TO BE MADE IN THE CIRCUMSTANCES AND

[03:30:02]

APPEAL OF THE PLANNING BOARD DECISION SHALL BE MADE TO THE CITY COMMISSION.

SO THEY CAN APPEAL YOUR DECISION TO THE CITY COMMISSION.

NOTICE OF SUCH APPEAL SHALL BE PROVIDED TO THE DIRECTOR WITHIN 30 DAYS OF THE PLANNING BOARD DECISION. THE APPEAL DECISION SHALL BE BINDING ON SUBSEQUENT DECISIONS BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OR OTHER ADMINISTRATIVE OFFICIAL AND APPLYING THE SAME PROVISION OF THE LAND DEVELOPMENT CODE IN THE SAME CIRCUMSTANCE AND THE DECISION ON ADMINISTRATIVE APPEAL APPLICATION DOES NOT EXPIRE BUT SHALL REMAIN VALID, EXCEPT TO THE EXTENT THE LAND DEVELOPMENT CODE IS SUBSEQUENTLY AMENDED TO REFLECT ANY REVERSAL OR MODIFICATION OF DECISION, INTERPRETATION OR ORDER THAT WAS APPEALED.

OKAY, SO WITHIN THE INTEROFFICE MEMORANDUM, THERE ARE RESPONSE OR REVIEW STANDARDS THAT APPLY TO THIS PETITION, AND IT IS THE OPINION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT THAT THE INTERPRETATION RENDERED WITHIN THE ZONING VERIFICATION LETTER DATED FEBRUARY 18, 2022, REGARDING THE RELOCATION OF THE TRAPEZE TO 6830 NORTH UNIVERSITY DRIVE IS SUPPORTED BY COMPETENT, SUBSTANTIAL EVIDENCE THAT INCLUDES ALL DOCUMENTS, HEARING RECORDS AND OTHER MATERIALS RELATED TO THIS INTERPRETATION.

SO AS SUCH ANY RELOCATION OF THE TRAPEZE USE TO 6830 NORTH UNIVERSITY DRIVE, IT WILL REQUIRE AN APPLICATION FOR SPECIAL EXCEPTION FOR AN ADULT ENTERTAINMENT USE IN AN MUC MIXED-USE CORRIDOR ZONING DISTRICT.

IN ADDITION, IT WILL REQUIRE COMPLIANCE WITH THE SECTION 10-3.3(D)(1)(A), WHICH IS ZONING DISTRICTS AND DISTANCE LIMITATIONS, AND ALSO SECTION 10-3.3(D)(1)(B), WHICH IS REQUIREMENTS FOR OFF PREMISES, OFF STREET PARKING AND LAND DEVELOPMENT CODE, WHICH IS REQUIRED FOR ADULT ENTERTAINMENT USE.

HOWEVER, THE CITY COMMISSION, THEY CAN WAIVE THESE REQUIREMENTS UPON FINDINGS THROUGH A PUBLIC HEARING AND APPLICATION.

THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD AFFIRM THE INTERPRETATION RENDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT WITHIN THE ZONING VERIFICATION LETTER DATED FEBRUARY 18, 2022, REGARDING THE RELOCATION OF THE TRAPEZE TO 6830 NORTH UNIVERSITY DRIVE AT THIS MEETING TODAY, AND IN ACCORDANCE WITH STATE STATUTES, WE SENT NOTIFICATIONS TO EVERYBODY IN A 400 FOOT RADIUS OF THE PROPERTY.

WE HAVE RECEIVED TWO LETTERS OF OPPOSITION AT THIS TIME AND NO LETTERS OF SUPPORT HAVE BEEN RECEIVED, AND THIS CONCLUDES THE STAFF PRESENTATION AND WE'LL ACCEPT QUESTIONS.

THANK YOU. WE'RE GOING TO HEAR FROM THE PUBLIC BEFORE THE BOARD IS ABLE TO ASK QUESTIONS.

I WANT TO MAKE SURE THAT WE HAVE ALL THE INFORMATION BEFORE WE CAN ASK OUR QUESTIONS, AND I JUST WANTED TO CLARIFY THAT I'M UNDERSTANDING THAT WE ARE EITHER AFFIRMING, MODIFYING OR REVERSING THE RECOMMENDATION.

WE'RE NOT DECIDING WHETHER OR NOT THEY'RE GOING TO BE IN THE CITY.

WE'RE JUST AFFIRMING THE INTERPRETATION OF THE ZONING REQUIREMENT.

SO I WANT TO MAKE SURE WE ALL UNDERSTAND THAT.

OKAY. ALL RIGHT, IS THERE ANYONE FROM THE PUBLIC THAT WANTS TO COME UP AND SPEAK? I HAVE TWO PEOPLE WHO HAVE SIGNED UP.

SUSAN GRIMES, ARE YOU HERE? OKAY, FELICIA FOX? COME ON UP, MRS. FOX.

RIGHT OVER HERE TO YOUR LEFT.

STATE YOUR NAME AND ADDRESS. THANK YOU FOR HAVING THIS MEETING.

I LIVE IN VANGUARD VILLAGE, WHICH IS DIRECTLY BEHIND THIS LOCATION.

WE'RE A COMMUNITY OF 274 HOMES WITH CHILDREN, TEENAGERS, SENIOR CITIZENS.

YOU MAY NOT BE AWARE, BUT THERE IS ON NORTHWEST 74TH AVENUE IN VANGUARD VILLAGE, WE HAVE A SIDEWALK THAT RUNS DIRECTLY TO THIS PROPERTY AND THE PEOPLE WHO MIGHT ATTEND THIS PROPERTY CAN WALK RIGHT INTO OUR COMMUNITY.

THERE IS A PARK THAT SEPARATES THE BACK OF WHERE THE TRAPEZE CLUB IS AND OUR HOMES, WHICH OUR FRONT DOORS WILL FACE THE BACK OF THIS PROPERTY.

WE'RE CONCERNED THAT PEOPLE WHO VISIT THERE WILL PARK IN THE BACK OF THE BUSINESS TO PERHAPS NOT BE RECOGNIZED, HAVE THEIR CARS NOTICED UP FRONT AND COME INTO THE PARK BETWEEN OUR HOMES AND THE BACK OF THE PROPERTY AND USE THE PARK TO FURTHER CONDUCT THEIR

[03:35:08]

I JUST OBJECT TO THEM BEING IN MY FRONT YARD.

I THINK THERE ARE BETTER NEIGHBORHOODS THEY CAN MOVE INTO, LIKE A WAREHOUSE DISTRICT WHERE THEY'RE NOT GOING TO BE DISRUPTING QUIET RESIDENTIAL NEIGHBORHOODS.

IT'S JUST NOT THE PLACE FOR THIS BUSINESS TO BE, AND THEY ARE NOT AS DISCREET AS THEY THINK THEY ARE BECAUSE MOST PEOPLE KNOW WHAT THE TRAPEZE CLUB IS.

YOU CAN LOOK IT UP ONLINE, YOU CAN LOOK IT UP ON FACEBOOK.

THEY SAID THAT THERE HAVE BEEN NO EXCESSIVE POLICE CALLS YET IF YOU LOOK ONLINE, THERE HAVE BEEN ITEMS IN THE NEWSPAPER LIKE THE SUN SENTINEL THAT SHOWS THAT POLICE HAVE BEEN OUT THERE AND THERE WAS A DEATH INVESTIGATION DUE TO EXCESSIVE DRINKING.

THANK YOU. THANK YOU.

IS THERE ANYONE ELSE IN THE PUBLIC THAT WOULD LIKE TO SPEAK? I DON'T BELIEVE YOU'VE BEEN SWORN IN.

SO YOU'LL HAVE TO BE SWORN IN.

WERE THEY SWORN IN, JOHN? OKAY, SO [INAUDIBLE], AND WHEN YOU GET TO THE PODIUM, IF YOU CAN STATE YOUR NAME AND ADDRESS, PLEASE.

MA'AM, IF YOU COULD PLEASE RAISE YOUR RIGHT HAND.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? ABSOLUTELY. WITNESS HAS BEEN SWORN.

THANK YOU. HI, MY NAME IS [INAUDIBLE] ELLEN WENDLER.

I LIVE IN CONCORD VILLAGE AT 6351 NORTH UNIVERSITY DRIVE.

I AM AN EXECUTIVE MEMBER OF THE CONCORD VILLAGE RECREATION ASSOCIATION AND I AM THE PRESIDENT OF CONCORD VILLAGE CONCORD THREE ASSOCIATION.

I HAVE NO OBJECTION TO TRAPEZE, BUT NOT IN MY AREA.

WE ARE 543 UNITS.

EIGHT OF OUR BUILDINGS ARE SENIOR CITIZEN.

THE OTHER FOUR ARE ALL AGE.

THE CHILDREN RANGE FROM INFANCY TO 18 WHEN THEY BECOME ADULTS.

THE CLOSE PROXIMITY OF THIS ADULT CLUB TO US WOULD BE UNACCEPTABLE.

WE FEEL THERE WOULD BE A LOT OF INTERFERENCE AS FAR AS CARS, THE CLIENTELE WHO WOULD BE IN THE AREA, PEOPLE WHO LIVE, SCHOOLCHILDREN WHO COME HOME OR ARE LEAVING TO GO TO SCHOOL, AND PEOPLE WHO ARE COMING HOME FROM WORK IN THE WEE HOURS OF THE MORNING.

THANK YOU FOR YOUR CONSIDERATION.

THANK YOU. IS THERE ANYONE ELSE IN THE PUBLIC THAT WOULD LIKE TO COME UP AND SPEAK? IT LOOKS LIKE THERE ISN'T ANYONE ELSE.

WE'LL HEAR FROM THE BOARD. ANY COMMENTS OR QUESTIONS FROM THE BOARD? OKAY, ERIC? I'LL START WITH QUESTIONS FOR THE APPLICANT FIRST.

WELL, FIRST OF ALL, WHY THE MOVE? WHY DO YOU WANT TO MOVE FROM YOUR CURRENT LOCATION? THE NEWER LOCATION OFFERS MORE SQUARE FOOTAGE, AND THERE'S ALSO SOME ISSUES WITH THE OWNERSHIP OF THE PREVIOUS THE PREVIOUS LOCATION.

YOUR TENANTS IN THAT LOCATION? THAT'S CORRECT.

THIS LOCATION, IN ADDITION TO THE SQUARE FOOTAGE, YOU PICKED IT BECAUSE YOU FELT THE ZONING MATCHED YOUR CURRENT CIRCUMSTANCES.

THAT WAS THE INITIAL IMPRESSION.

WE SAID, OH, WELL, THIS IS THE SAME ZONING DISTRICT.

IT'S THE SAME USE. THE BUSINESS IS NOT CHANGING.

[03:40:03]

WHAT WE WEREN'T AWARE OF IS THE CHANGE IN THE ZONING CODE IN 2018, AND THEN THAT CAUSED US TO BE HERE TODAY, BASICALLY, AND WHAT ARE THE CLUB'S HOURS OF OPERATION FOR MEMBER PARTICIPATION? THE CLUB OPERATES IN THE EVENING.

SO IF THERE'S CONCERNS ABOUT CHILDREN COMING INTO CONTACT WITH THE CLUB OR ANYTHING LIKE THAT, IT IS NOT OPEN DURING THE DAYTIME.

I BELIEVE IT OPENS AT 8 P.M.

AND I BELIEVE IT CLOSES BETWEEN 3 AND 4 A.M..

SO IT'S NOT. IT'S NOT OPEN DURING DAYLIGHT HOURS.

IT'S COMPLETELY CLOSED.

UH, OKAY, THANK YOU. MY LAST QUESTION FOR THE APPLICANT WOULD BE YOU REFERENCED THE RESTRICTIONS AND ZONING CLUB REQUIREMENTS IN THE COLORADO AND INDIANA STATUTES.

IN THOSE STATUTES, DID IT DEFINE THE DEFINITION OF A SOCIAL CLUB TO THE BEST OF YOUR KNOWLEDGE? TO MY KNOWLEDGE, IT DID NOT, BUT I THINK WHAT'S AT LEAST STRIKING TO ME ABOUT IT IS THAT WHOEVER WROTE THAT, THEY CAME UP WITH A DEFINITION THAT DESCRIBES THE CHARACTERISTICS, AND WE WENT THROUGH THAT, AND THEN THEY INCLUDED THREE THINGS THAT THEY THINK THESE ARE THREE THINGS THAT FIT INTO THAT, AND NOW IF YOU TAKE ONE OF THOSE AND THEN YOU MOVE IT DOWN AND SAY, WELL, NOW THIS ONE THING DOESN'T FIT INTO IT, IT STARTS TO NOT MAKE SENSE THEN.

SO I THINK I THINK IF YOU LOOK AT IT AND YOU SAY, WELL, THESE ARE THREE THINGS THAT ARE CONSISTENT WITH THIS DEFINITION, I THINK YOU HAVE TO READ THE THING AS A WHOLE, BECAUSE IF YOU LOOK AT THE DEFINITION, THE DEFINITION APPEARS TO CHECK EVERY BOX TO THIS TYPE OF A BUSINESS.

IT DESCRIBES THIS TYPE OF BUSINESS.

SO WHAT I THINK IS REALLY CONFUSING AND WHICH I'VE NEVER BEEN ABLE TO GET A GOOD ANSWER FROM THE CITY, IS, WELL, WHAT BUSINESS IS IN THAT DEFINITION? ANY OF THOSE THINGS, YOU COULD PROBABLY CALL A SOCIAL MEMBERSHIP CLUB.

SO IF IT'S NOT THIS, THEN WHAT IS IT? WHAT'S THE DISTINCTION BETWEEN THE TWO? I'VE NEVER GOTTEN A STRAIGHT ANSWER ABOUT THAT.

I DON'T KNOW HOW IT CAME TO GET MODIFIED LIKE THAT.

I'VE NEVER BEEN ABLE TO FIGURE THAT OUT, BUT I THINK IT'S BEEN MODIFIED IN A WAY THAT NOW CAUSES IT TO NOT MAKE A WHOLE LOT OF SENSE.

SO I THINK WHEN YOU'RE FACED WITH THAT, I THINK WHAT YOU NEED TO DO IS FALL BACK TO, WELL, JUST LOOK AT THE DEFINITION.

WHAT IS THE DEFINITION SAY AND DOES THE DEFINITION DESCRIBE THIS PARTICULAR BUSINESS? LIKE I SAID, I THINK IT CHECKS EVERY BOX.

IT'S NOT IN RESIDENTIAL.

IT'S LIMITED IN SCOPE WHO IT APPLIES TO, PEOPLE WITH A CERTAIN COMMON INTEREST, AND THEN IT ALSO HAS MEMBERSHIP DUES, BOARD MEMBERS MEETINGS, THAT TYPE OF THING.

ALL OF THOSE BOXES ARE CHECKED HERE WITH TRAPEZE, AND BY THE CITY'S OWN ADMISSION, I MEAN, THEY PUT IT UP ON THE SCREEN.

FEBRUARY 25TH, 2008, ZONING IN PLANNING SAID THAT, WELL, DANCE HALL, SOCIAL CLUB ISN'T OUR LIST OF USES. WE'LL APPLY THE I THINK THE PHRASE USED WAS THE MOST CLOSELY ALIGNED USE AND THE MOST CLOSELY ALIGNED LOOSE USE WAS CLUB OR LODGE.

SO I THINK BY THEIR OWN ADMISSION FROM THAT POINT, THAT'S THE NEXT CLOSEST THING BECAUSE THEY CAN'T BE DANCE HALL, SOCIAL CLUB ANYMORE.

THAT'S BEEN REMOVED.

THEY'RE GRANDFATHERED WHERE THEY'RE AT NOW, BUT THAT GRANDFATHER ATTACHES TO THE PROPERTY, NOT TO THE BUSINESS.

THE BUSINESS CAN'T MOVE THEIR GRANDFATHER CLAUSE AROUND THE CITY.

SO IF THEY GO SOMEWHERE ELSE, THEY'RE UNDER THE NEW CODE.

SO THAT BOX FOR DANCE HALL SOCIAL CLUB IS REMOVED.

SO WHAT'S THE NEXT CLOSEST THING? I THINK THEY ANSWERED THE QUESTION IN THEIR PRESENTATION BACK IN 2008.

THEY SAID, YEAH, THE NEXT CLOSEST THING IS CLUB OR LODGE.

THEY DIDN'T SAY NEXT CLOSEST THING WAS ADULT ENTERTAINMENT.

SO I KNOW I WENT A LITTLE BEYOND WHAT YOU ASKED ME, I APOLOGIZE.

SO, FOLLOWING UP ON THAT, DID THE ADULT ENTERTAINMENT DESIGNATION EXIST IN 2008 AS A POTENTIAL CLASSIFICATION FOR THEIR BUSINESS? YES, WE HAD ADULT ENTERTAINMENT IN 2000.

DO YOU KNOW WHY WAS NOT DESIGNATED ADULT ENTERTAINMENT IN 2008? I DO NOT. AT THE TIME, IT WAS APPROVED AS THE PRIVATE CLUB OR LOUNGE, AND MY LAST QUESTION WOULD BE, WHAT IS THE DEFINITION OF A SOCIAL CLUB OTHER THAN TRAPEZE IN THE CITY'S OPINION? WELL, THERE'S NOT A DEFINITION OF SOCIAL CLUB PROVIDED IN, BECAUSE YOU DON'T FURTHER DEFINE DEFINITIONS THAT WE'RE ALREADY DEFINING THE BUSINESS.

LET ME REPHRASE THE QUESTION THEN.

WHAT'S THE DIFFERENCE BETWEEN A LODGE AND A SOCIAL CLUB IN THE CITY'S OPINION? PHILANTHROPY, TYPICALLY A LODGE HAS A PHILANTHROPIC COMPONENT ATTACHED TO IT, AND JUST TO

[03:45:09]

SO NOT ONLY DID WE INTRODUCE DEFINITION, WE ALSO CLASSIFY THOSE USES BASED ON INSTITUTIONAL, CIVIC, AND SO WHEN ROB WAS DELIVERING THE PRESENTATION, IF YOU NOTICE NOW THE CODE FURTHER REFINED OR DEFINED THOSE USES BASED ON A CERTAIN CLASSIFICATION.

SO WHILE YOUR CLUB OR LODGE PRIVATE BEFORE WAS LOCATED IN A DIFFERENT SECTION OF THE CODE PRIOR TO 2018, WHICH THIS IS A 2018, IT WAS IN CULTURAL ENTERTAINMENT AND RECREATIONAL.

SO IT'S ASSUMED THAT THERE'S SOME ENTERTAINMENT VALUE, RECREATIONAL VALUE.

2018 GO TO THAT SLIDE, IT WAS CHANGE.

SO NOW THAT USE IS NOW A PUBLIC, INSTITUTIONAL AND CIVIC USE AND YOU SEE SOME OF THE USES THAT ARE ASSOCIATED WITH THAT RELIGIOUS ASSEMBLY, LIBERAL LIBRARY, ART GALLERY, MUSEUM, COUNTRY CLUB. SO IT'S NOW PUT IT UNDER A COMPLETELY DIFFERENT CATEGORY, AND SO I THINK WE CAN ALL AGREE THAT USE TRAPEZE IN AND OF ITSELF, IT'S NOT INSTITUTIONAL OR A CIVIC USE NECESSARILY, BUT NOW IT FALLS UNDER COMMERCIALS.

IF WE LOOK AT THAT DESIGNATION, YOU'LL SEE THEY'VE NOW MOVE THE RECREATION AND ENTERTAINMENT USES UNDER COMMERCIAL.

I'M JUST HAVING TROUBLE UNDERSTANDING WHY, AND I'M NOT ADVOCATING FOR OR AGAINST TRAPEZE.

I'M JUST HAVING TROUBLE UNDERSTANDING WHY THEY WEREN'T ADULT ENTERTAINMENT IN 2008, BUT IN 2022, THEY ARE ADULT ENTERTAINMENT.

IF I MAY TRY TO ADDRESS THAT QUESTION, A GOOD QUESTION.

IN READING THROUGH THE STAFF REPORT AND THEN CHECKING WITH STAFF AS TO HOW THIS HAS EVOLVED AS SET FORTH IN THE STAFF REPORT, IS THAT DETERMINATION IS WAS LARGELY BASED UPON WHAT THE DEFINITION WAS AT THE TIME, THE DEFINITION OF WHAT THEY LISTED AS WHAT THEIR ACTIVITY WAS, WHICH STAFF TOOK AT ITS FACE VALUE THAT THERE WAS A PRIVATE CLUB OR MEMBERSHIP CLUB, WHICH THERE WAS A DEFINITION AT THAT TIME IN THE CODE FOR THAT TYPE OF USE AS, AS WELL AS TAKING INTO CONSIDERATION WHAT WAS THE DEFINITION AT THE TIME OF ADULT USE, AND IT WAS MORE RESTRICTIVE IN THE SENSE--I DON'T WANT TO SAY MUCH MORE, NOT NECESSARILY RESTRICTIVE--IT DIDN'T ENCOMPASS THE VARIOUS USES THAT WERE PROVIDED FOR WHEN THE CODE WAS UPDATED IN 2018.

IF THAT EXPLAINS YOUR QUESTION.

YOU'RE TRYING TO FIT EVERY USE INTO ONE HOLE, ROUND HOLE VERSUS A SQUARE HOLE, AND AT THE TIME THE ADULT USE DEFINITION DIDN'T ACCOUNT FOR THAT TYPE OF ACTIVITY AS OPPOSED TO STAFF'S INTERPRETATION OR STATEMENT THAT IT CURRENTLY DOES AFTER 2018, AND I THINK THAT'S AN ISSUE THAT YOU ALL HAVE TO KEEP IN MIND, IS THAT THE APPLICANT WAS TALKING ABOUT WE'VE ALWAYS BEEN DOING THIS THIS WAY AND NO ONE SAID ANYTHING.

IT'S BECAUSE IT WAS GRANDFATHERED AT THE TIME, AS EVERYONE AGREES AND EVERYONE ADMITS THAT ONCE IT GOT PUT INTO THE HOLE THAT STAFF DETERMINED IT FIT BEST IN.

IT CONTINUED TO PROCEED AND CAN CONTINUE TO PROCEED AS SUCH, BUT IF IT MOVES, THAT'S WHEN THE NEW REGULATIONS WOULD KICK IN AND WOULD THEN STAFF WOULD, AS THEY HAVE DONE, REEVALUATED THE USE, COMPARED IT TO THE NEW CODE THAT WAS ADOPTED IN 2018, AND THAT'S WHERE WE HAVE THE DISTINCTION VERSUS WHAT WAS BEFORE, AND IF I MAY ADD TO THAT, NEITHER MYSELF NOR ROB, I DON'T THINK ANY OF MY STAFF THAT'S HERE WERE HERE IN 2018.

SO, 2008, WE HAD TO GO BACK TO SEE WHAT WAS HAPPENING, AND YOU COULD TELL BY THE FILES THAT THERE WAS SOME CONVERSATION BACK AND FORTH IN TERMS OF HOW TO CLASSIFY THIS USE.

YOU CAN SEE THAT THERE WAS SOME ISSUES BACK IN 2008, WHETHER IT WAS ADULT ENTERTAINMENT, WHETHER IT WAS BRING YOUR OWN BOTTLE.

WE LOOKED AT SOME FILES AND WE SAW THAT WAS CONSIDERED.

[03:50:01]

SO GIVEN THOSE CONFLICTS, WHICH IS ONE OF THE PRIMARY REASONS WHY THE CITY NEEDED TO UPDATE ITS CODE IN 2018, BUT EVEN IN 2008, YOU COULD TELL THAT THERE WERE SOME ISSUES RELATIVE TO HOW THEY WOULD NEED TO CLASSIFY IT.

SO THE CLASSIFICATION THAT THE APPLICANT IS CURRENTLY UNDER IS LISTED IN CHAPTER 12.

IT STILL EXISTS IN CHAPTER 12.

THE PROBLEM IS THAT CHAPTER 24 BECAME CHAPTER TEN AND IS NOW UPDATED AND PROVIDES FOR NON-CONFORMING DOCTRINE, WHICH ESSENTIALLY SAYS THAT THE USE IS NON-CONFORMING, IT'S LEGALLY GRANDFATHERED IN, CAN REMAIN THERE IN PERPETUITY PROVIDED THEY DON'T RELOCATE OR EXPAND, AND ANY RELOCATION AND EXPANSION THEN REQUIRES THE USE TO CONFORM.

MAY I BRIEFLY RESPOND, I BELIEVE YOUR QUESTION WAS, WELL, WHY WEREN'T THEY ADULT ENTERTAINMENT IN 2008? I THINK WHAT NEEDS TO BE CLARIFIED IS THE ADULT ENTERTAINMENT LAW'S EXISTED SINCE 1975.

IT WAS IN THE SAME FORM AS IT IS NOW IN 2008, WITH ONE MINOR CHANGE.

I DID A PUBLIC RECORDS REQUEST THAT MR. JOHNSON FULFILLED.

THEY CHANGED OCCUPATIONAL LICENSE TO BUSINESS TAX RECEIPT.

THERE WAS A COURT CASE THEY HAD TO CHANGE THAT IN ALL THE STATUTES, BUT THAT'S IT.

EVERYTHING ELSE WAS IDENTICAL. THAT'S TOTALLY IMMATERIAL TO WHAT WE'RE TALKING ABOUT HERE , BUT ALL THOSE DEFINITIONS WERE THERE, AND I THINK MISS CALLOWAY'S REPRESENTATION THAT THESE THINGS WERE LOOKED AT BY THE CITY IN 2008 AND A DETERMINATION WAS MADE AT THAT TIME THAT THIS IS NOT AN ADULT BUSINESS.

I THINK THAT SPEAKS TO YOUR QUESTION MORE THAN ANYTHING, AND THE REASON WHY I MEAN, I WASN'T THERE IN 2008, BUT IT DOESN'T SEEM LIKE ANYBODY IN THIS ROOM WAS THERE IN 2008 WHEN THIS HAPPENED. I WAS IN TAMARAC IN 2008.

YEAH, BUT YOU PROBABLY WEREN'T SITTING IN THE ZONING OFFICE WHEN THIS CONVERSATION WAS HAPPENING. IF YOU WERE, IT WOULD BE A BIG HELP, BUT THE REASON IS THE DEFINITION DOESN'T FIT. IF YOU LOOK AT THE DEFINITION OF ADULT ENTERTAINMENT BUSINESSES, THEY DON'T APPLY TO THIS, AND WE'RE TALKING ABOUT SOMETHING THAT HAPPENED 14 YEARS AGO.

THEY HAVEN'T BEEN CHANGED SINCE THEN TO EVEN APPLY TO IT YET.

THEY STILL DON'T APPLY TO IT.

SO I THINK THAT'S WHY BECAUSE THE SHOE DIDN'T FIT, BASICALLY; THEY WEREN'T AN ADULT BUSINESS AS IT'S DEFINED.

SO I THINK THAT'S THE ANSWER.

THE QUESTION THAT THE CITY LOOKED AT IT, LOOKED AT THE DEFINITIONS AND SAYS, NO, YOU'RE MUCH CLOSER TO THIS OTHER THING, A PUBLIC CLUB OR LODGE PRIVATE OR A DANCE HALL OR SOCIAL CLUB THAN YOU ARE TO ADULT ENTERTAINMENT.

IT'S SIMPLY IT'S LIKE PUTTING A ROUND PEG IN A SQUARE HOLE.

I THINK WE CAN SEE THAT'S WHAT OCCURRED IN 2008.

I JUST SAW THAT THE CONFLICT WAS OCCURRING.

WHAT WE CAN SEE IS THAT THE YOUTHS MOST CLOSELY FIT IN ADULT ENTERTAINMENT AS WE HAVE ESTABLISHED TODAY WHEN WE PULLED UP ENCOUNTER ESTABLISHMENT.

WE WENT TO A REPUTABLE SOURCE, WHICH IS WHAT MOST MUNICIPALITIES USE TO DEFINE USES, AND SO AS THE COUNCIL DEMONSTRATED, MOST CITIES HAVE THE SAME USES, WHY WE PROBABLY GO TO THE APA, THE AMERICAN PLANNING ASSOCIATION, WHICH IS THE INDUSTRY STANDARD TO GO TO FOR DEFINITION, AND SO IF A DEFINITION IS NOT ENUMERATED IN OUR CODE, THEN THAT'S WHAT WE WOULD GO TO. SO WE WERE ABLE TO ESTABLISH TODAY THAT THE USE IS MOST CLOSELY ALIGNED TO ADULT ENTERTAINMENT. IN FACT, IT'S SPECIFICALLY ALIGNED TO WHAT IT IS THAT IS BEING DONE AT THAT PROPERTY, AND WE PULLED UP THE DEFINITION HERE.

SO IT'S A SOURCE THAT ALL MUNICIPALITIES USE IS WHAT THE COUNTY WHERE THE DEFINITION WAS TAKEN BY THE CITY OF TAMARAC AS WELL AS THAT COUNTY PERHAPS GOT THAT DEFINITION FROM.

IT'S THE RESOURCE THAT ALL MUNICIPALITIES AND LOCAL GOVERNMENT USE TO DEFINE THEIR USES.

I NEED TO BRIEFLY RESPOND.

LET ME ADD ONE BEFORE THE APPLICANT GIVES COMMENT, WHICH HE CERTAINLY IS ENTITLED TO.

WHILE I UNDERSTAND AND BELIEVE THAT PAST CONDUCT IS PART OF THE CONVERSATION HERE, I DO HAVE TO TELL YOU, AS THE BOARD'S ATTORNEY, THAT WHAT YOU'RE BEING ASKED TO INTERPRET AND TO APPLY IS THE CURRENT CODE.

SO WHILE IT'S GOOD TO HAVE PASSED INFORMATION AND PAST CONDUCT, AT THE END OF THE DAY, THE ISSUE BEFORE YOU IS WHETHER OR NOT RIGHT NOW, BASED UPON THE CURRENT CODE STAFF, HAS MADE THE PROPER INTERPRETATION OF THE CODE OR NOT.

RIGHT, BUT THE DETERMINATION WE WOULD MAKE IN DETERMINING WHETHER OR NOT THE STAFF HAS MADE THE CORRECT CODE.

[03:55:03]

IT'S CERTAINLY HISTORICAL DATA THAT YOU CAN CONSIDER, BUT ULTIMATELY THE QUESTION IS, HAS THE APPLICANT DEMONSTRATED THAT THE STAFF INTERPRETATION IS ARBITRARY AND CAPRICIOUS, NOT BASED UPON SOUND LOGIC, AND THEREFORE SHOULD BE OVERTURNED BASED UPON THE CURRENT REGULATIONS AND HOW IT'S CURRENTLY BEEN INTERPRETED TO THE PARTICULAR LOCATION THAT THEY'RE LOOKING TO MOVE TO BASED UPON THE CONDUCT THAT'S TAKING PLACE WITHIN THE ESTABLISHMENTS. AGAIN, KIND OF, TO USE MY ANALOGY IS THE PEG OF TRAPEZE, WHAT HOLE DOES IT FIT INTO ADULT ENTERTAINMENT OR CONVERSELY, AS THE APPLICANT IS SUGGESTING, A PRIVATE MEMBERSHIP CLUB.

THERE'S ONE THING I JUST WANTED TO CLARIFY BECAUSE MR. JOHNSON SAID IT AND THEN MS. CALLOWAY JUST SAID IT AGAIN.

THEY REPRESENTED THAT THERE IS NO DEFINITION OF ENCOUNTER STUDIO IN THE CODE AND THAT'S NOT ACCURATE. IT'S 1276 UNDER THE ADULT ENTERTAINMENT BUSINESSES LAW IS A SECTION ENTITLED DEFINITIONS, AND RIGHT THERE IT DEFINES, THEY GROUP THEM ALL TOGETHER.

IT'S DATING SERVICE, ESCORT SERVICE, BODY PAINTING STUDIO AND ENCOUNTER PARLOR AND IT GOES ON AND ON, BUT ENCOUNTER PARLOR'S LISTED RIGHT THERE AND THERE'S A DEFINITION PROVIDED. SO I DON'T THINK WE NEED TO GO TO THE PLANNER'S DICTIONARY OR WHATEVER ELSE THEY'RE POINTING TO, TO UNDERSTAND, AT LEAST IN THE CITY OF TAMARAC, WHAT THAT PHRASE MEANS, ENCOUNTER PARLOR IS NOT SPECIFICALLY DEFINED IN THE CITY'S CODE.

THAT DEFINITION THAT [INAUDIBLE] IS READING IS FOR ADULT ENTERTAINMENT, BUT THE WORD ENCOUNTER PARLOR, WHICH IS A SPECIFIC USE, IS NOT DEFINED IN OUR CODE, HENCE THE REASON WE WENT TO THE AMERICAN PLANNING ASSOCIATION.

IT'S THE SEVENTH LISTING UNDER 1276 DEFINITIONS, BUT THE DEFINITION THAT'S PROVIDED--SORRY TO CUT YOU OFF--IT'S THE SAME AS THE DEFINITION THAT'S PROVIDED FOR ADULT ENTERTAINMENT. SO IT'S REALLY I MEAN, IT'S SIX [INAUDIBLE] ONE HALF A DOZEN OR THE OTHER, REALLY, AND FOR THE REASONS I ARTICULATED IN MY PRESENTATION, IT DOESN'T APPLY TO TRAPEZE BECAUSE THERE'S NO COMPENSATION FOR SERVICES.

THERE'S NO CONTACT BETWEEN EMPLOYEES AND PATRONS.

SO I APOLOGIZE TO THE REMAINDER OF THE BOARD FOR TAKING UP SO MUCH TIME WITH MY QUESTIONS, BUT I'M THROUGH.

DO WE HAVE ANY OTHER QUESTIONS? QUESTION FOR THE CITY.

SO IN ESSENCE, IF THEY WERE TO RELOCATE TO THE PROPOSED LOCATION, THEY WOULD HAVE TO APPLY FOR A SPECIAL EXCEPTION TO BE IN THE COMMERCIAL ZONE BECAUSE NOW THEY WILL FALL UNDER COMMERCIAL. IS THAT CORRECT? THAT'S CORRECT.

IN THE MUC ZONING DISTRICT AS A SPECIAL EXCEPTION.

ALSO, THEY WOULD HAVE TO CONSIDER DISTANCE WAIVER AS THE USE I BELIEVE IS IN CLOSE PROXIMITY TO CERTAIN USES SUCH AS SCHOOL, RESIDENTIAL AREA, PARK, I THINK THE CODE ENUMERATES THOSE PLACES THAT THEY WOULD HAVE TO BE WITHIN A CERTAIN DISTANCE FROM, BUT IT PROVIDES FOR A SPECIAL EXCEPTION PROCESS TO ESTABLISH THIS USE AT A NEW LOCATION.

GOT IT. THANK YOU. ANY OTHER QUESTIONS? RICHARD? WHAT TRIGGERED THIS WAS THE ZONING VERIFICATION LETTER, THE REQUEST.

CORRECT? CORRECT. THAT'S NOT A REQUIREMENT.

IF I UNDERSTAND CORRECTLY, THAT IS ON THE BUSINESS OWNER'S OPTION IT'S A CAREFUL THING TO DO IF YOU'RE GOING TO RELOCATE YOUR BUSINESS TO MAKE SURE YOU CAN DO IT WHERE YOU WANT TO GO, BUT IT'S NOT A REQUIREMENT.

NO, IT'S NOT A REQUIREMENT. SO BASED ON THAT AND BASED ON THE HISTORY OF THEM HAVING REPEATEDLY RENEWED THEIR BUSINESS TAX LICENSE OVER THE YEARS AT THEIR CURRENT LOCATION, HAD THEY JUST SIGNED THE LEASE AT THIS PROPOSED NEW LOCATION, COME INTO THE CITY, RENEWED THEIR BUSINESS TAX LICENSE AND CONTINUE TO CALL IT A DANCE HALL, SOCIAL, WHATEVER, WOULD WE BE SITTING HERE TALKING ABOUT THIS RIGHT NOW? YES, YOU WOULD HAVE, BECAUSE THEY CANNOT RELOCATE TO A NEW ADDRESS WITHOUT A NEW BUSINESS TAX RECEIPT. WE WOULD HAVE CAUGHT THEM THERE.

SO IT'S NOT A CHANGE OF OWNER.

THEY'RE RELOCATING TO A DIFFERENT--UNDERSTOOD, BUT THAT'S ANOTHER AVENUE THAT WOULD HAVE

[04:00:04]

SO HAD THEY JUST MOVED TO THE NEW LOCATION, THEN THEY WOULD HAVE HAD TO SUBMIT FOR A BUSINESS TAX RECEIPT FOR THE NEW LOCATION.

WE WOULD NOT HAVE ISSUED ONE FOR THAT NEW LOCATION BECAUSE THEY'RE MOVING.

YEAH, WELL, YOU SAY THAT, BUT OVER THE YEARS IN THEIR CURRENT LOCATION, THEY JUST CONTINUE TO RENEW BASED ON SOCIAL CLUB.

THEY HAVE NOT RELOCATED; THEY HAVE STAYED THERE FOR I KNOW, BUT THE BUSINESS TAX AND THE HISTORY AS I READ IT, WAS ALWAYS REVIEWED AS A SOCIAL CLUB. THAT'S HOW IT WAS CLASSIFIED BUSINESS TAX.

SO LET'S JUST SUPPOSE FOR THE CASE OF DISCUSSING THIS, THE PERSON REVIEWING IT FOR THE PROPOSED NEW LOCATION WOULD HAVE SEEN THE SAME EXACT DESCRIPTION ON IT.

SO THEY'RE JUST CONTINUING WHAT THEY'VE BEEN DOING ALL THESE YEARS AND NOW THEY'RE DOING IT IN THIS LOCATION. THAT IS CONCEIVABLE, RIGHT? THAT IS A POSSIBILITY.

NO IT'S NOT ADDRESS. IT REQUIRES A DIFFERENT TYPE OF REVIEW.

SO THEY'RE RELOCATING.

I UNDERSTAND THAT, BUT YOU SEE WHAT I'M SAYING FROM A BUSINESS TAX PROCESSING POINT OF VIEW, WOULD IT HAVE JUST BEEN PROCESSED AS THE AS THE OTHER ONES HAD ALWAYS BEEN PROCESSED AND THEY'RE MOVING TO A NEW LOCATION? IT REQUIRES A DIFFERENT TYPE OF LET ME ANSWER THAT WITH A SIMPLE NO.

THE REASON BEING IS THAT IT WAS BEING RENEWED AS A GRANDFATHERED USE.

WHEN IT MOVES, IT GETS REVIEWED, ANY GRANDFATHERED USE.

SO TRAPEZE HAS BEEN MARKED SOMEWHERE THEORETICALLY ON THE CITY'S ZONING MAP AS A GRANDFATHERED USE.

WHEN IT MOVES, IT AUTOMATICALLY [INAUDIBLE] HOWEVER, IT NOTIFIES THE CITY THAT IT'S MOVING FROM THAT LOCATION, IT'S GOING TO TRIGGER A NEW REVIEW BECAUSE THE GRANDFATHERING ISSUE HAS TO BE ADDRESSED.

SO TO YOUR ISSUE IS IF THEY HAD IF THEY HAD CONTINUED TO SUBMIT AS A WHATEVER THE PRIOR CATEGORY WAS, IT WOULD HAVE BEEN FLAGGED AUTOMATICALLY IN THE SYSTEM, BECAUSE IT WAS A GRANDFATHERED USE. BECAUSE OF THE NONCONFORMING.

EXACTLY. THAT'S WHAT WOULD HAVE TRIGGERED THAT.

UNDERSTOOD, OKAY.

YEAH, AND IN ADDITION TO THAT WHEN YOU'RE MOVING TO A NEW LOCATION, YOU'RE DOING PROBABLY INTERIOR RENOVATION, YOU'RE APPLYING FOR A NEW SAFETY PERMIT.

YOU MIGHT BE DOING THAT, BUT YOU MIGHT NOT BE DOING THAT.

YOU MIGHT BE ABLE TO JUST MOVE RIGHT INTO THE SPACE.

YOU MIGHT HAVE TO MAKE ALTERATIONS, BUT YOU MIGHT NOT.

IF YOU DON'T MAKE AN ALTERATION, YOU HAVE TO DO A SAFETY INSPECTION.

YOU'RE MOVING INTO A NEW LOCATION.

SO ALL THESE THINGS I'M SAYING WOULD TRIGGER A DIFFERENT TYPE OF REVIEW.

SO THERE'S NO WAY YOU CAN JUST MOVE INTO A DIFFERENT LOCATION WITHOUT A SAFETY INSPECTION AT THE VERY MINIMUM, WHICH IS WHAT YOU WOULD NEED TO OBTAIN FOR YOUR NEW BUSINESS TAX RECEIPTS. OKAY, SO WHAT I'M JUST TRYING TO GET AT HERE WITH MY COMMENTS HERE IS THAT I WAS LOOKING AT THE HISTORY BEFORE THE MEETING.

I WAS READING ALL THE STUFF BEHIND IT, ALL THE BACKGROUND, AND IT SEEMED TO ME OVER THE YEARS IT HAD JUST BEEN RENEWED, AND THE LICENSE UNDER THE BASED ON WHAT WAS REPRESENTED ON THE BTR, THE BUSINESS TAX RECEIPT APPLICATION, AS A DANCE HALL, IT DIDN'T OPEN UP ALL THESE OTHER THINGS ABOUT WHAT YOU ACTUALLY WAS HAPPENING IN THAT LOCATION, IN THAT BUSINESS. IT WAS JUST REPRESENTED AS A CERTAIN THING, AND FOR BUSINESS TAX PURPOSES, THERE'S A CERTAIN CLASSIFICATION FOR BUSINESS TAXES THAT HAVE NOTHING TO DO WITH ZONING CLASSIFICATIONS. THEY DON'T ALWAYS SYNC UP.

THAT I KNOW, BECAUSE I'VE DEALT WITH BOTH OF THEM BEFORE.

SO THAT'S A DISTINCTION YOU HAVE TO REMEMBER.

BUSINESS TAX CLASSIFICATIONS, THEY'RE NOT ALWAYS GOING TO BE ALIGNED WITH ZONING, RIGHT? THAT'S JUST THE WAY THAT IS, AND THAT'S WHAT HAPPENED IN THIS CASE.

THEY WENT IN, THEY GOT BUSINESS TAX CLASSIFICATION AS DANCE HALL, SOCIAL CLUB, AND THEN THEY WENT OVER TO ZONING AND ZONING, LOOKED AT THEIR LIST OF USES AND SAID, THERE'S NO DANCE HALL SOCIAL CLUB ON HERE, SO WE'LL PUT YOU IN THE CLOSEST NEXT THING, WHICH IS CLUB OR LODGE, BECAUSE THE LAND USE REGULATIONS AND THE USE REGULATIONS FALL SQUARELY UNDER ZONING.

SO TO MIX THE TWO AS WE TALK ABOUT THIS BETWEEN THE BUSINESS TAX AND HOW THEY CLASSIFY IT WITH HOW ZONING REGULATES THE USE IS A BIG DISTINCTION.

IN MY VIEW, ZONING CONTROL WAS MUCH MORE WITH THEIR REGULATIONS AND HOW THEIR OPERATION IN A BUSINESS LIKE THIS TAKES PLACE AND WHERE IT TAKES PLACE AND HOW IT TAKES PLACE VERSUS BUSINESS TAX. TAX IS JUST A TAX.

THAT'S A STATE THING. THEY JUST PAY A TAX AND CLASSIFY IT THE WAY THEY CAN UNDER THAT WHOLE PROCESS.

ZONING IS A WHOLE 'NOTHER MATTER, AND IN MY VIEW, IT IS NOT UNUSUAL FOR A CITY OVER A TIME, AT A GIVEN POINT IN TIME, TO REVISIT USES AND THEIR CODES AND HOW THEY'RE HANDLED, WHERE THEY'RE HANDLED, WHAT APPLIES AND HOW IT APPLIES, THAT'S COMPLETELY WITHIN THEIR PURVIEW. SO THAT PART OF IT TO ME IS PRETTY STRAIGHTFORWARD.

[04:05:05]

SO THAT IS NOT UNUSUAL AND TOP IT OFF, YOU CAN STILL DO THE USE.

IT CAN STILL BE DONE.

I DON'T KNOW IF IT'S GOING TO BE PERMISSIBLE WHERE YOU WANT TO PROPOSE IT, BUT IT IS NOT EXCLUDED FROM THE CODE.

IT'S NOT EXCLUDED, BUT IT'S NOT PERMITTED BY RIGHT.

THAT'S FINE, BUT AGAIN, IT'S CONSISTENT WITH WHAT A CITY CAN PROPERLY DO WHEN THEY REVISIT THEIR CODES. I'LL END MY COMMENT ON THAT.

FROM MY POINT OF VIEW IN THAT RESPECT AND ZONING, THIS IS STRAIGHTFORWARD, IN MY VIEW.

MADAM CHAIR, IF I MAY, I THINK THAT'S THE COMMENT THAT WAS JUST MADE IS IS VERY IMPORTANT TO UNDERSTAND, AND THE APPLICANT'S REPRESENTATIVE ACTUALLY MENTIONED IT BEFORE THAT IT USED TO BE CALLED A BUSINESS LICENSE AND THERE WAS SOME LITIGATION AND PART OF THAT WAS THAT THERE WAS A NUMBER OF PEOPLE OVER THE YEARS WHO THOUGHT, OH, IT'S A BUSINESS LICENSE, AND THEREFORE I'M LEGALLY AUTHORIZED TO DO THIS IN THIS LOCATION, CONFUSING OR CONFLATING, EQUATING THE BUSINESS LICENSE WITH THE ZONING APPROVAL, AND SO PART OF THE CHANGE IN NOMENCLATURE, THE NAME GOING FROM BUSINESS LICENSE TO BUSINESS TAX RECEIPT IS TO SEPARATE THAT CONCEPT BECAUSE THE CASE LAW IS THAT JUST BECAUSE YOU HAVE A BUSINESS TAX LICENSE DOES NOT MEAN THAT YOU MEET THE ZONING REQUIREMENTS.

IT JUST MEANS THAT YOU MEET WHATEVER THAT IS, THAT CLASSIFICATION EITHER AT THE STATE, COUNTY OR LOCAL GOVERNMENT LEVEL TO BE ISSUED A BUSINESS TAX RECEIPT.

IT'S AN INCOME PRODUCING THING, NOT AN APPROVAL THING TO MAKE IT AS SIMPLE AS POSSIBLE, AND SO I THINK IT'S IMPORTANT TO UNDERSTAND THAT, AND AGAIN, I WOULD BE REMISS TO NOT REMIND THE BOARD THAT, AGAIN, WHILE HISTORICAL DATA AND INFORMATION IS RELEVANT AND CAN BE CONSIDERED, THE ISSUE IS WHAT DOES THE CODE SAY TODAY? WHAT IS THE PROPOSED USE AT THE PROPOSED LOCATION? IS IT ALLOWED OR NOT? AGAIN, WHAT HOLD DOES THAT TRAPEZE PEG FIT INTO? THAT'S THE REAL QUESTION.

I UNDERSTAND THE POINT YOU'RE MAKING, THE DISTINCTION BETWEEN BUSINESS TAX CLASSIFICATION AND ZONING APPROVAL, BUT THE QUESTION IS REALLY IT'S REALLY A VERY SIMPLE IF THEY MOVE, THEY CAN NO LONGER BE CLASSIFIED AS THEY ARE NOW.

THAT DOESN'T EXIST ANYMORE.

SO THE REAL QUESTION IS, WELL, WHICH BOX DO THEY GO IN? THERE'S TWO BOXES ON THE TABLE.

THERE'S THE CLUB OR LODGE PRIVATE, AND THEN THAT'S THE ONE I THINK THEY GO IN, THE CITY THINKS THEY GO IN ADULT ENTERTAINMENT, AND I THINK WE WANT TO BE THE DEAD HORSE.

WE'VE EXPLAINED THE REASONS WHY, BUT THAT'S THE REAL QUESTION.

ONE OF THE BOXES HAS BEEN TAKEN OFF THE TABLE.

WHICH ONE DO THEY GO INTO NOW? SO, IF YOU GET CLASSIFIED AS A CLUB OR LODGE, A SPECIAL EXCEPTION WOULD BE NEEDED? NO, IT WOULD BE A PERMITTED USE.

THERE WOULD BE NO SPECIAL EXCEPTION NEEDED.

THAT'S THE BRUNT OF IT, THAT YOU HAVE TO GO THROUGH ALL THIS PAPERWORK AND INHERITING STUFF RIGHT INTO THAT SPACE.

RIGHT, IF YOU WERE TO DECIDE THAT THEY GO INTO CLUB OR LODGE PRIVATE OR IF THAT'S WHAT THE CITY DECIDED, THEN YES, THEY WOULD NOT NEED TO GO THROUGH THE SPECIAL EXCEPTION PROCESS. THAT WOULD BE A PERMITTED USE.

THEY WOULD JUST GO DOWN AND FILL OUT THE PAPERWORK AND GET THEIR LICENSE.

OKAY, I SEE.

THANK YOU. VIOLA? YES, I HAVE A COUPLE OF QUESTIONS.

[INAUDIBLE] WITH THE NAME ADULT ENTERTAINMENT.

I DON'T HAVE A PROBLEM WITH THE NAME ADULT ENTERTAINMENT.

I THINK THERE ARE DEFINITELY BUSINESSES THAT FALL INTO ADULT ENTERTAINMENT.

THAT'S WHAT THE LAW DEFINES A CERTAIN AMOUNT OF BUSINESSES.

ONE THING THAT I THINK IS IMPORTANT TO UNDERSTAND IS MOST ADULT ENTERTAINMENT LAWS ARE DESIGNED TO COMBAT WHAT ARE CALLED ADVERSE SECONDARY EFFECTS, WHERE THERE'S BEEN STUDIES DONE THAT CERTAIN TYPES OF BUSINESSES CAN NEGATIVELY IMPACT THE AREAS THAT THEY'RE IN, AND IT GETS TO SOME OF WHAT THE PEOPLE THAT CAME UP AS THE PUBLIC COMMENT SAID, WHERE THEY ESSENTIALLY BOTH SAID, WELL, WE DON'T HAVE A PROBLEM WITH TRAPEZE.

WE JUST DON'T WANT IT NEAR US.

IT'S BECAUSE THEY'RE WORRIED ABOUT THE EFFECTS FROM IT, BUT THAT'S ANOTHER KEY DISTINCTION I THINK THAT TRAPEZE HAS FROM THE TYPES OF BUSINESSES THAT ARE DEFINED AS ADULT ENTERTAINMENT BUSINESSES.

IT DOESN'T HAVE THOSE EFFECTS, AND HOW DO WE KNOW THAT? WE KNOW THAT BECAUSE OF THE WAY IT'S ORGANIZED AND RUN, AND MORE IMPORTANTLY, IT'S THE OLD SAYING THE PROOF IS IN THE PUDDING.

THEY'VE BEEN IN TAMARAC FOR 14 YEARS AND WE HAVEN'T SEEN THOSE EFFECTS.

[04:10:06]

RIGHT NOW WHERE THEY'RE AT, THERE'S APARTMENTS RIGHT BEHIND THEM ABUTTING THE PROPERTY.

THEY'RE RIGHT THERE.

THERE IS NO PROBLEMS WITH PEOPLE PARKING IN THE WRONG PLACE.

THEY HAVE VALETS.

THERE'S NO PROBLEMS WITH PEOPLE SNEAKING OFF INTO THE PARK TO DO WHATEVER THEY'RE GOING TO DO. THEY DON'T HAVE TO SNEAK OFF INTO THE PARK.

THEY DO IT IN THE CLUB.

THE CLUB IS OPEN AT TIMES WHEN CHILDREN ARE OUT WANDERING AROUND.

THE TYPE OF CLIENTELE THEY GET IS DIFFERENT.

WE'RE TALKING ABOUT COUPLES IN THEIR THIRTIES, FORTIES AND FIFTIES THAT ARE WELL-TO-DO OR AFFLUENT ENOUGH TO AFFORD TO GO TO A CLUB LIKE THIS, THAT THEY DON'T CREATE THE TYPE OF PROBLEMS THAT YOU WOULD GET WITH A YOUNGER, ROWDY OR CROWD OR SOMETHING LIKE THAT OR SINGLE PEOPLE.

IT'S A WHOLE DIFFERENT ANIMAL, BASICALLY, THAN WHAT THE TYPE OF BUSINESSES ARE THAT ARE DEFINED IN ADULT ENTERTAINMENT.

SO, I DON'T HAVE A PROBLEM WITH THE PHRASE ADULT ENTERTAINMENT.

I JUST DON'T THINK THAT THIS PARTICULAR BUSINESS FITS THE DEFINITIONS PROVIDED FOR ADULT ENTERTAINMENT. I ALSO DON'T THINK IT FALLS INTO THE CATEGORY OF CREATING THE TYPES OF PROBLEMS THAT THOSE BUSINESSES SOMETIMES CREATE.

THE RESIDENT THAT SPOKE EARLIER ABOUT YOUR PRESENT LOCATION, SHE SEEMED TO HAVE HAD CONCERNS BECAUSE OF WHAT THEY DEAL WITH IN THE NEIGHBORHOOD WHERE IT IS NOW.

THE NEIGHBORHOOD WHERE YOU'RE LOCATED NOW IS DIFFERENT FROM THE NEIGHBORHOOD THAT YOU WANT TO MOVE TO. IT'S TWO DIFFERENT NEIGHBORHOODS.

I KNOW THE AREA AS WELL AND I SEE BEING OFF OF 441 IS VERY DIFFERENT FROM BEING OVER THERE ON UNIVERSITY WHERE YOU WANT TO MOVE TO.

SO THAT SHOULD BE A CONCERN ALSO FOR THE RESIDENTS THAT ARE LIVING THERE.

THEY SHOULD BE ABLE TO HAVE THEIR VOICES HEARD.

THE NEXT QUESTION I HAVE IS, WHAT ARE YOU GOING TO DO IN THE LARGER LOCATION THAT IS SO DIFFERENT FROM WHERE YOU PRESENTLY LOCATED? NOW, THEY DON'T INTEND TO DO ANYTHING DIFFERENTLY.

THEY'RE GOING TO HAVE THE BUSINESS SET UP THE SAME WAY.

IT WOULD JUST BE LARGER.

YOU NEED MORE THAN DOUBLE THE SPACE? WELL, I DON'T KNOW THE SPECIFICS OF HOW THEY'RE GOING TO LAY EVERYTHING OUT, BUT THEY'RE A VERY POPULAR CLUB.

THEY DRAW A LOT OF PEOPLE.

PEOPLE COME FROM FAR AWAY TO GO TO THIS CLUB.

THEY COME FROM ALL OVER SOUTH FLORIDA TO GO TO THIS CLUB.

PEOPLE TRAVEL TO COME AND VISIT THIS CLUB, AND IT'S A WORLD KNOWN CLUB.

IN THAT COMMUNITY, IT'S ONE OF THE LEADING PLACES TO GO, AND THEY'RE GROWING.

OKAY, THANK YOU. I THINK I MAY HAVE MISSED IT.

CAN WE DEFINE THE TERMINOLOGY ENCOUNTER PARLOR? YES, THERE IS NO DEFINITION PROVIDED WITHIN OUR CODE.

SO WE HAVE PROVIDED THE INDUSTRY STANDARD DEFINITION THAT WAS PROVIDED FOR IN THE AMERICAN PLANNER'S DICTIONARY.

I'LL GO TO THAT SLIDE.

SO SINCE WE DON'T HAVE AN ENCOUNTER PARLOR WITHIN OUR CODE DEFINED, WE USE THE INDUSTRY STANDARD PLANNERS DICTIONARY FROM THE AMERICAN PLANNERS ASSOCIATION.

SO A BUSINESS OR COMMERCIAL ENTERPRISE THAT IS ONE OF ITS PRINCIPAL BUSINESS PURPOSES OFFERS ANY FORM OF CONSIDERATION A PLACE WHERE TWO OR MORE PERSONS MAY CONGREGATE, ASSOCIATE OR CONSORT FOR THE PURPOSE OF A SPECIFIED SEXUAL ACTIVITIES OR EXPOSURE OF SPECIFIED ANATOMICAL AREAS WHEN ONE OR MORE OF THE PERSONS EXPOSES ANY SPECIFIED ANATOMICAL AREA.

SO I UNDERSTAND THE TERMINOLOGY FOR A SEXUAL ENCOUNTER ESTABLISHMENT.

IN YOUR INTERPRETATION, HOW DOES THE WORDING ENCOUNTER PARLOR DIFFER FROM SEXUAL ENCOUNTER ESTABLISHMENT, IF AT ALL? DO YOU UNDERSTAND WHAT I'M ASKING.

YES, IT DOES NOT.

MAY I BRIEFLY RESPOND? THIS KEEPS COMING UP AND I DON'T HAVE A SLIDE OF THIS, BUT I'M HOLDING IN MY HAND SECTION 12-76 OF THE CODE OF ORDINANCES WITH TAMARAC.

IT'S CALLED DEFINITIONS AND IT HAS A DEFINITION OF ENCOUNTER PARLOR IN IT.

I'M LOOKING AT IT RIGHT NOW.

I DON'T KNOW IF MR..

MR. JOHNSON HAS A COPY OF THE CODE IS 12-76.

I'VE GOT MY COPY FROM UNICODE, WHICH IS WHERE THEY ALWAYS SEND US TO GET THIS STUFF, AND IT'S THE, IT'S THE 7TH DEFINITION PROVIDED IN THAT SECTION. 12-76, THAT'S THE ADULT ENTERTAINMENT BUSINESS CODE.

ARTICLE THREE.

THAT IS NOT THE ADULT ENTERTAINMENT BUSINESS CODE.

[04:15:02]

WELL, THEY'RE IN THE PROCESS OF REPEALING IT.

THAT DOESN'T MEAN IT HASN'T BEEN REPEALED; THAT'S THE LAW.

CHAPTER TEN, AS IT RELATES TO ADULT ENTERTAINMENT, TRUMPS CHAPTER 12 AS ANYTING IN CONFLICT WITH CHAPTER TEN.

I WAS DISCUSSING THIS WITH MR. [INAUDIBLE], I THINK IT'S ALMOST A MOOT DISCUSSION BECAUSE THE DEFINITIONS ARE THE SAME.

IF YOU LOOK AT THE DEFINITION FOR ENCOUNTER PARLOR IN SECTION 1276, IT'S WORD FOR WORD THE SAME AS THE DEFINITION FOR ADULT ENTERTAINMENT THAT MS. CALLOWAY IS REFERENCING.

SO THERE IS A DEFINITION FOR THIS BUSINESS IN THE CODE.

THERE'S ACTUALLY TWO OF THEM.

ONE OF THEM, THEY SAY THEY'RE WORKING ON REPEALING.

I DON'T KNOW WHEN THAT'S GOING TO HAPPEN.

IT HASN'T HAPPENED AS WE STAND HERE TODAY, BUT EVEN IF IT DOES HAPPEN, THERE'S STILL ANOTHER ONE THERE AND THEY'RE IDENTICAL.

THEY SAY THE SAME EXACT THING AND THEY'RE DIFFERENT FROM THAT AMERICAN PLANNERS DEFINITION.

THE DEFINITION IN CHAPTER TEN FOR ADULT ENTERTAINMENT WITHOUT LIMITATION, WHICH IS THE DEFINITION YOU'RE RELYING ON, WHICH SAYS BETWEEN ITS CLIENTS AND ITS EMPLOYEES, IS A GENERAL DEFINITION FOR ADULT ENTERTAINMENT, AND THEN THERE'S A SECOND DEFINITION FOR ADULT ENTERTAINMENT IN CHAPTER TEN, WHICH WAS RECENTLY ADOPTED IN 2018, WHICH SPEAKS TO THE TYPE OF ADULT ENTERTAINMENT ESTABLISHMENTS ADULT BOOKSTORES, ADULT MOTION PICTURE THEATER, ADULT MINI MOTION PICTURE THEATER, ADULT CABARET OR THEATER, ESCORT SERVICE, BODY PAINTING STUDIO, ENCOUNTER PARLOR, SEX CONSULTING BUSINESS, SO ON AND SO FORTH, OR ANY OTHER SIMILAR ADULT ENTERTAINMENT BUSINESS.

SO I THINK FOR ME, WHAT'S MAKING THIS A BIT CHALLENGING IS THAT IT'S CLEAR TO ME THAT A SEXUAL ENCOUNTER ESTABLISHMENT IS NOT WHAT WE WANT TO ALLOW UNDER THE NEW CODE; THAT'S MY UNDERSTANDING, AND I UNDERSTAND THAT TRAPEZE, YOUR ESTABLISHMENT, IS SAYING THAT YOU'RE NOT THAT, BUT YOUR WEBSITE INDICATES THAT YOU ARE, AND SO THAT'S WHERE I'M STRUGGLING.

YEAH, BECAUSE YOU'VE GOT TO LOOK AT THE WAY IT'S DEFINED.

EVERYTHING THAT HAPPENS BY THAT IS OF A SEXUAL NATURE AND TRAPEZE HAPPENS BETWEEN MEMBERS WHO ARE THERE THAT ARE NOT GETTING PAID AND THERE'S NO MONEY CHANGING HAND.

IT DOESN'T IT'S NOT EVEN GUARANTEED TO HAPPEN.

IT MAY NOT HAPPEN AT ALL.

ENCOUNTERS, I THINK BY WHAT THE DEFINITION MAKES CLEAR IS THERE'S A TRANSACTION INVOLVED IN THE ENCOUNTER, MEANING ONE PARTY IS PAYING THE OTHER PARTY FOR THE ENCOUNTER AND IT'S TAKING PLACE BETWEEN CLIENTS AND EMPLOYEES.

SO I THINK THE EASIEST WAY TO BOIL IT DOWN TO SUMMARIZE IT IS AN ENCOUNTER STUDIO SELLS ENCOUNTERS.

ACCORDING TO THIS DEFINITION, THAT'S NOT WHAT I'M GETTING.

COUNSEL, PLEASE CAN YOU READ THE DEFINITION THAT'S IN CHAPTER 12 FOR ADULT ENTERTAINMENT? THAT'S THE DEFINITION THAT SPEAKS TO BETWEEN CLIENTS AND EMPLOYEES OR GO DIRECTLY TO THE LETTER THAT WAS PROVIDED TO YOU.

IN SECTION 12-76, THERE IS A DEFINITION PROVIDED FOR ADULT ENTERTAINMENT BUSINESSES.

THAT CONSISTS OF A LAUNDRY LIST OF ALL THESE DIFFERENT TYPES OF BUSINESSES.

IT DOESN'T DESCRIBE THE CHARACTERISTICS OF THEM OR DEFINE WHAT THEY ARE.

IT'S A LIST.

IT SAYS ADULT BOOKSTORE, ADULT MOTION PICTURE THEATER, ETC., ETC., ETC.

BUT LATER IN THAT SAME SECTION, IT GIVES DEFINITIONS OF THOSE TYPES OF BUSINESSES, AND THEN THERE'S ONE DEFINITION THAT DEFINES A WHOLE BUNCH OF THEM WITH THE SAME DEFINITION DATING SERVICE, ESCORT SERVICE, BODY PAINTING STUDIO, ENCOUNTER PARLOR, SO ON AND SO ON AND SO ON, AND THAT'S THE DEFINITION THAT SAYS THOSE BUSINESSES INVOLVE COMMERCIAL TRANSACTIONS FOR THE ENCOUNTER, AND THOSE ENCOUNTERS ARE TO OCCUR BETWEEN EMPLOYEES AND THE CLIENTS OF THE BUSINESS.

IF YOU LOOK AT THOSE TYPE, LIKE ALL THOSE OTHER BUSINESSES THAT ARE IN THERE, IN THAT SAME DEFINITION, IT STARTS TO REALLY BECOME CLEAR WHAT WE'RE TALKING ABOUT WHEN WE SAY ENCOUNTER PARLOR. AN ENCOUNTER PARLOR IS A PLACE WHERE YOU GO AND YOU PAY SOME EMPLOYEE TO ENGAGE IN AN ENCOUNTER WITH YOU.

THAT'S NOT WHAT HAPPENS AT TRAPEZE.

IT'S THE OPPOSITE OF WHAT HAPPENS AT TRAPEZE.

SO THAT'S WHY THEY'RE NOT PROPERLY PUT INTO THAT CATEGORY.

NOW, I UNDERSTAND THIS IS A LITTLE DIFFERENT, BUT THAT'S NOT THE LAW IN TAMARAC.

THAT'S SOMETHING FROM A PLANNER'S DICTIONARY THAT'S PUBLISHED BY I DON'T EVEN KNOW WHO, TO BE HONEST WITH YOU, BUT WHEN TAMARAC PUTS A DEFINITION IN THEIR CODE, WHETHER THEY'RE WORKING ON REPEALING IT OR NOT, I DON'T KNOW, THAT'S UP TO THEM, BUT AS IT EXISTS, AS WE STAND HERE TODAY, THAT'S WHAT IT SAYS, AND THAT'S WHY IT'S NOT TRAPEZE.

EVEN WHEN YOU LOOK AT WHAT IT SAYS ON TRAPEZE WEBSITE, BECAUSE NOWHERE ON TRAPEZE WEBSITE, DOES IT SAY, COME IN, PAY $50 FOR AN ENCOUNTER WITH MR. SO-AND-SO OR SOMETHING LIKE THAT.

[04:20:01]

IT'S VERY SPECIFICALLY ENTITLED LICENSES AND BUSINESS REGULATIONS, CHAPTER 12.

IT HAS BEEN SUPERSEDED AS IT RELATES TO ADULT ENTERTAINMENT LICENSING BY THE ADULT ENTERTAINMENT CODE IN THE LAND DEVELOPMENT CODE THAT WAS ADOPTED IN 2018.

IT IS THE REGULATIONS ADOPTED IN 2018 ARE THE MOST RECENT AND EFFECTIVE REGULATIONS THAT GOVERN ADULT ENTERTAINMENT USES IN THE CITY OF TAMARAC AND UNDER APPLICABLE FLORIDA LAW, THE MOST RECENTLY ADOPTED REGULATION SUPERSEDES THE PRIOR OR CONFLICTING PROVISIONS, AND MORE IMPORTANTLY, CHAPTER 12 IS ABOUT LICENSING AND THE BTR ISSUE THAT WE PREVIOUSLY DISCUSSED, NOT THE USE REGULATIONS THAT ARE THE SUBJECT OF THE INTERPRETATION THAT YOU'RE HERE FOR TODAY.

I UNDERSTAND. HOWEVER, JUST TO BE CLEAR, IF THE BOARD DETERMINES OR DECIDES THAT THEY ARE A PRIVATE CLUB AND NOT ADULT ENTERTAINMENT, NONE OF THAT DEFINITION MATTERS, WHETHER IT'S CHAPTER 10 OR CHAPTER 12.

THAT IS CORRECT.

OKAY. DO YOU HAVE MORE QUESTIONS? YES, WHAT PERCENTAGE OF YOUR BUSINESS IS CONDUCTED IN THE SWING CLUB AREA? I DON'T KNOW IF IT'S POSSIBLE TO NAIL DOWN AN ACTUAL PERCENTAGE.

WHAT I CAN TELL YOU IS THAT NOT EVERYBODY GOES INTO THAT AREA.

THERE ARE SOME PEOPLE THAT ENJOY THE CLUB WITHOUT GOING IN THERE, AND LIKE I SAID, IN MY PRESENTATION, THERE'RE SOME PEOPLE THAT THEY JUST GO THERE JUST TO MEET PEOPLE THAT ARE INTERESTED IN THAT SAME LIFESTYLE AND THEN INTERACT WITH THEM PRIVATELY, MAYBE AT THEIR HOME OR A HOTEL OR WHEREVER THEY MIGHT BE.

SO I DON'T THINK THEY COUNT LIKE HOW MANY PEOPLE ARE GOING IN AND OUT OF THAT AREA, SO IT WOULD BE HARD TO SAY WHICH PERCENTAGE, BUT I WOULD SAY IT'S A SUBSTANTIAL PERCENTAGE.

A LOT OF PEOPLE THAT GO THERE DO ENTER THAT AREA AND THAT'S WHAT THAT AREA IS SET ASIDE FOR AND IT'S KEPT PRIVATE FROM THE REST OF THE CLUB.

IT'S NOT VISIBLE FROM THERE.

SO I REALLY DON'T HAVE A PERCENTAGE.

I'M FEELING LIKE WHAT WE'RE REALLY DANCING AROUND IS WHAT THE PERCEPTION THAT YOU REALLY WANT THE PUBLIC TO HAVE OF YOUR CLUB VERSUS WHAT IS REALLY HAPPENING THERE.

SO WHENEVER THEY COME TO THE CLUB, IF THEY WANT TO GO TO THE SWING AREA, ARE THEY PAYING ADDITIONAL MONEY TO GO IN THERE OR JUST THE ACCESS? SO THEN THE SWING CLUB AREA IS PROBABLY USED VERY FREQUENTLY.

SOMEWHAT, USUALLY I THINK THE WAY THAT THE TYPICAL EVENING DEVELOPS THERE IS THE EARLIER IN THE EVENING, MOST OF THE ACTIVITY IS CENTERED IN THE LOUNGE AREA AND THEN AS THE EVENING WEARS ON LATER AND LATER, THEN MAYBE MORE PEOPLE MOVE TO THE OTHER AREA.

I THINK THAT'S TYPICALLY THE WAY THE CROWD MIGRATES IN THE CLUB, BUT THERE'S ALL TYPES OF SERVICES IN THE CLUB. THERE'S DANCING, THEY'RE VERY PROUD OF THEIR FOOD SERVICE.

THEY HAVE AMAZING FOOD THERE THAT THEY GIVE PEOPLE EVERYONE RAVES ABOUT THE FOOD.

SO PEOPLE COME, THEY EAT, THEY DANCE, THEY SOCIALIZE, THEY MINGLE, AND IF THEY MAKE A CONNECTION WITH ANOTHER COUPLE THAT THEY'RE INTERESTED IN DOING MORE WITH, THEN THEY HAVE THAT BACK ROOM AVAILABLE IT'S NOT LIKE THEY CAN JUST WALK IN AND HEAD STRAIGHT TO THE BACK ROOM THEY'RE GOING TO GO THERE.

THEY'RE GOING TO MEET PEOPLE.

THEY'RE GOING TO TALK.

WE'RE TALKING ABOUT COUPLES HERE; EVERYONE'S GOING TO GET TO KNOW EACH OTHER.

IF YOU DID NOT HAVE THAT SWING CLUB AREA, IT COULD BE A VERY DIFFERENT CLUB.

SO THE PEOPLE THAT ARE GOING THERE FOR WHAT YOU DESCRIBE AS AN ALTERNATIVE LIFESTYLE OR SOMETHING DIFFERENT, THAT IS PROBABLY ONE OF THE MAJOR ATTRACTION WHICH IS MORE OF AN ADULT THING BECAUSE YOU WOULD NOT ALLOW TEENAGERS TO GO IN THERE.

NO, TEENAGERS ARE NOT ALLOWED IN THERE.

THEY REALLY DON'T EVEN GET MANY PEOPLE IN THEIR TWENTIES.

IT'S MOSTLY LATE THIRTIES, EARLY FIFTIES.

IT'S KIND OF LIKE, I HATE TO STEREOTYPE, BUT COUPLES THAT HAVE BEEN TOGETHER FOR A WHILE,

[04:25:05]

THAT'S WHO IT IS, AND THEY'RE NOT JUST RUNNING IN THERE AND RUNNING STRAIGHT TO THE BACK ROOM. THEY'RE GOING AND THEY'RE MAKING AN EVENING OF IT.

THEY'RE HAVING DINNER.

THEY'RE MEETING SOME OTHER PEOPLE THAT ARE INTERESTED IN THE SAME THINGS AS THEM.

IF THEY MAKE A CONNECTION, THEN MAYBE THEY WILL GO TO THE BACK ROOM, AND YOU'RE RIGHT, THAT'S WHAT MAKES IT DIFFERENT. IF IT DIDN'T HAVE THAT, IT WOULD BE A TOTALLY DIFFERENT THING. WE WOULDN'T PROBABLY BE HAVING THIS DISCUSSION, BUT THAT'S WHAT THAT PARTICULAR CLUB IS, AND THERE'S A LOT OF PEOPLE THAT GO, BUT IT'S A SMALL PERCENTAGE OF THE COMMUNITY. MOST PEOPLE AREN'T INVOLVED IN THAT LIFESTYLE, BUT THERE IS A SIGNIFICANT NUMBER OF PEOPLE IN OUR COMMUNITY AND ELSEWHERE THAT COME HERE THAT ARE AND THAT'S A SAFE PLACE FOR THEM TO GO. I DRIVE BY THERE ALL OF THE TIME AND I DIDN'T EVEN KNOW WHAT THE CLUB WAS. I DIDN'T GO AND RESEARCH.

THAT MAKES MY POINT ABOUT HOW THEY PRESENT THE CLUB.

THEY THEY GO OUT OF THEIR WAY TO BLEND.

THEY DON'T WANT THE ATTENTION.

IS THERE ANOTHER CLUB SIMILAR TO TRAPEZE IN THE CITY OF TAMARAC, OR IS THIS THE ONLY ONE AND HOW DO WE DEAL WITH THAT? THERE IS NO OTHER SIMILAR CLUB IN THE CITY OF TAMARAC.

I JUST WAS REREADING SOME OF THIS, AND I THINK I FINALLY HAVE A BETTER UNDERSTANDING THAT WHAT MAKES THIS NONCONFORMING BASED ON WHAT I'M READING HERE, IS A DEFINITION.

DO I HAVE THAT CORRECT? NOW, WHAT MAKES IT NON-CONFORMING IS THAT THE USE THAT THEY ORIGINALLY WERE PLACED UNDER FOR BUSINESS TAX PURPOSES, WHICH IS DANCE HALL SOCIAL CLUB, HAS BEEN REMOVED FROM THE CODE IN 2018.

SO IF YOU WERE TO GO AND TRY TO GET THAT DESIGNATION TODAY, IT'S NOT AVAILABLE.

WITH ALL DUE RESPECT, THE CITY'S PERSPECTIVE IS THAT THIS USE THAT IS BEING MOVED TO A NEW LOCATION IS GOING TO LOSE ITS GRANDFATHERED STATUS AND IT IS NOW WILL BE CLASSIFIED AS AN ADULT USE, NOT THE PRIOR BTR CLASSIFICATION THAT KEEPS GETTING REPEATED BUT IS NOT PART OF--I'M NOT REFERRING TO THAT.

I'M GOING BY WHAT I'M READING.

IT HAS NOTHING TO DO WITH BUSINESS TAX.

I'M NOT EVEN REFERRING TO THAT.

IT IS THE ACTUAL UNDERLYING USE WILL WILL BE TREATED AND EVALUATED UNDER THE EXISTING REGULATIONS AND DEEMED TO BE AN ADULT USE IN THE NEW LOCATION UNDER THE ZONING CODE.

YES, SO JUST TO RESPOND SPECIFICALLY, YOU ARE CORRECT IN THAT THE NEW 2018 CODE HAS PROVIDED DEFINITIONS FOR US, INCLUDING CLASSIFICATION OF THE USES, BOTH OF WHICH NOW HAS MADE IT CLEAR IN TERMS OF WHERE THIS USE FALLS.

SO NOW THAT THE DEFINITION OF PRIVATE MEMBERS CLUB HAS BEEN PROVIDED IN THE 2018 CODE, THAT WAS NOT PROVIDED BEFORE, WE NOW KNOW THAT JUST A SOCIAL CLUB IS NO LONGER OR SHOULD NOT BE CONSIDERED A PART OF THAT DEFINITION.

IN ADDITION TO THAT, THE CLASSIFICATION CHARTS AND THE ZONING CODE NOW PLACES PRIVATE MEMBERS CLUB UNDER CIVIC AND INSTITUTIONAL WHERE IT DIDN'T BEFORE AND NOW PLACES ADULT ENTERTAINMENT UNDER COMMERCIAL.

SO NOW THERE IS MORE CLARITY IN TERMS OF WHERE THIS USE WOULD FALL.

YEAH, THANKS, I THINK YOU BASICALLY SAID WHAT I WAS GOING TO SAY, JUST I WANTED TO SAY IT AND MAYBE GET AFFIRMATION THAT I'M READING THIS PROPERLY OUT OF THIS DOCUMENT THAT WAS GIVEN TO ALL OF US IS THAT WHEN THE CHANGE OCCURRED, I GUESS IT WAS 2018 IN THE CODE, AMONG THE THINGS THAT WERE CHANGED WAS THE DEFINITION OF THIS PRIVATE LODGE, WHICH EXCLUDED SOCIAL MEMBERSHIP CLUBS.

THAT MADE THIS NONCONFORMING.

AM I CORRECT ON THAT? YES. THANK YOU.

OKAY, THEN FROM THAT, YOU HAVE TO THEN UNDER WHAT'S TRANSPIRED SINCE THEN FIND WHAT FITS UNDER THE NEW CODE FOR THIS USE.

AM I CORRECT ON THAT.

WHICH IS TO WHAT YOU JUST SAID, AND IN THE JUDGMENT OF THE STAFF, THE FIT FOR THIS BUSINESS IS NOW THE ONE YOU SAID IT IS CORRECT UNDER THE CURRENT CODE.

RIGHT, WHICH IS A PERMISSIBLE USE VIA SPECIAL EXCEPTION WHICH WE MADE THE APPLICANT AWARE OF. SO THE USE IS ALLOWED, THE LOCATION HE'S CHOOSING TO GO TO PROVIDED HE MAKES A SPECIAL EXCEPTION APPLICATION BEFORE THE CLOSEST DEFINITION OF THE USE IS THE ONE THAT'S BEEN POINTED OUT IN HERE, THAT IS EXPLAINED IN HERE BECAUSE IT WAS EXCLUDED FROM--THERE WAS NO DEFINITION PROVIDED PRIOR TO

[04:30:05]

THE CLOSEST ONE IS THE ONE REPRESENTED HERE BY STAFF.

THANK YOU FOR CONFIRMING THAT.

BY THE WAY, THAT PROVISION, WE LOST THAT AS WELL.

SO IN THE OLD CODE IT SAYS WE CAN HAVE THE OPTION OF THE CLOSEST THING.

THAT WAS IN THE OLD CODE, BUT THAT NO LONGER EXISTS.

SO NOW IN 2018 AND MOVING FORWARD, WE JUST HAVE TO FIT IT IN A BOX.

SO THAT FLEXIBILITY THAT WAS PROVIDED PRIOR TO 2018 WENT AWAY AS WELL.

THANK YOU VERY MUCH.

OKAY, DO WE HAVE ANY OTHER QUESTIONS FROM THE BOARD? OKAY, AND NO OTHER QUESTIONS FROM THE PUBLIC? OKAY, AT THIS TIME, WE'RE GOING TO BE VOTING EITHER AFFIRMATION OF INTERPRETATION PRESENTED BY THE CITY, MODIFICATION OF THE INTERPRETATION PRESENTED BY THE CITY, OR REVERSING OF THE INTERPRETATION PRESENTED BY THE CITY.

I'D LIKE TO ASK FOR MOTION TO EITHER AFFIRM, MODIFY OR REVERSE , AND WE'RE LOOKING AT CASE NUMBER 6(B)(22). WE'RE EITHER GOING TO BE AFFIRMING, MODIFYING OR REVERSING THE INTERPRETATION.

DO YOU HAVE A MOTION TO PUT ON THE TABLE? I HAVE A QUESTION ON THAT BECAUSE I WANT TO MAKE SURE WHEN I VOTE, I AM VOTING CLEARLY HERE. IF I CHOSE TO VOTE YES FOR NUMBER ONE, AM I SAYING I'M GOING ALONG WITH WHAT THE CITY IS SAYING IN REFERENCE TO THE NAME CHANGE? YES, MA'AM. TO MY UNDERSTANDING, YES.

OKAY, AND IF I CHOSE NUMBER TWO? TO MODIFY IT? YES. THAT WOULD MEAN THEY WOULD HAVE TO GO BACK AND MODIFY HOW THEY'RE DEFINING.

OKAY. NUMBER THREE? I'M GOING TO WAIT FOR JOHN TO GIVE US SOME DIRECTION.

I WOULD JUST SAY THAT A NUMBER TWO, IF THERE IS A MAJORITY VOTE TO MODIFY THE INTERPRETATION, WE CERTAINLY WOULD NEED SOME INPUT FROM THE BOARD AS TO WHAT THAT MODIFICATION NEEDS TO BE, AND AS TO NUMBER THREE, IF YOU ARE TO VOTE IN FAVOR OF NUMBER THREE, YOU WOULD BE GRANTING THE APPEAL OF THE APPLICANT AND STAFF WOULD MODIFY THE ZONING VERIFICATION LETTER TO CLASSIFY THIS USE AS THE CLOSEST CATEGORY IN THE CODE TO ALLOW IT TO HAPPEN AT THE NEW LOCATION.

ALL RIGHT, THANK YOU, I'M CLEAR.

OKAY, SO EXCUSE ME, JOHN, WITH THIS VOTE, BECAUSE WE'VE NEVER VOTED IN THIS NATURE BEFORE, AT LEAST WHILE I'VE BEEN SITTING HERE.

I'M NOT EVEN SURE HOW TO HOW TO PROPOSE IT OR HOW TO WORK IT.

SO ARE WE SAYING THAT WE'RE VOTING TO AMEND, MODIFY OR REVERSE? IS THAT THE VERBIAGE? WHOEVER WANTS TO MAKE A MOTION, I WOULD DO IT IN THE PART IF YOU'RE INTEND TO GO WITH NUMBER ONE, THE MOTION WOULD BE TO A MOTION TO APPROVE THE STAFF INTERPRETATION AND DENY THE APPLICANT'S REQUEST.

IF IT WAS NUMBER TWO IS TO APPROVE THE STAFF INTERPRETATION WITH THE FOLLOWING MODIFICATIONS, AND IF IT WAS NUMBER THREE, IT WOULD BE A MOTION TO APPROVE THE APPEAL AND GRANT THE REQUEST OF THE APPLICANT TO REVISE THE ZONING VERIFICATION LETTER AND THE INTERPRETATION TO ALLOW THE USES THEY'VE ASSERTED.

OKAY. I'D LIKE TO MAKE THE MOTION, IF THAT'S OKAY.

I'D LIKE TO MAKE A MOTION TO APPROVE WITH THE FOLLOWING MODIFICATIONS.

MY SUGGESTION IS TO ALLOW FOR, AND I'M NOT EVEN SURE THIS IS OKAY.

SO I NEED YOU TO KIND OF GUIDE ME HERE IF I'M NOT THE WAY THAT I'M WORDING IT.

ALLOW FOR THE SOCIAL CLUB.

HOWEVER, I'D LIKE TO SPECIFICALLY INDICATE THAT THERE'S SEXUAL ACTIVITY HAPPENING, AND I THINK THAT SHOULD BE LOOKED AT.

I UNDERSTAND THAT TO ME, I'M HAVING A CHALLENGE WITH THE TERMINOLOGY ADULT ENTERTAINMENT, BECAUSE IN MY MIND I'M LOOKING AT THAT AS IF IT'S A STRIP CLUB OR SOMETHING OF THAT

[04:35:01]

SO IF YOU ARE GOING TO CLASSIFY THEM AS A SOCIAL CLUB THAT ALLOWS IT AT THE NEW LOCATION, AND SO YOU'RE CONCERNED THAT IT MAYBE DOESN'T FIT ANY OF THE WHAT YOU'VE HEARD, AND THE CITY SHOULD LOOK INTO FURTHER AMENDING THE CODE TO ACCOUNT FOR THIS TYPE OF ACTIVITY OR THIS TYPE OF USE WITHIN THE CITY AND MIGHT APPLY TO IT IN THE FUTURE OR WOULD APPLY IF ASSUMING IT GOT PASSED, IF THE APPLICANT OR THE OPERATOR WERE TO THEN SEEK TO MOVE AGAIN , AND JOHN, CAN I JUST ADD FOR THE BOARD'S CONSIDERATION THE SECTION OF THE CODE THAT'S SO IT SAYS THE PLANNING BOARD MAY MODIFY OR REVERSE A DECISION, INTERPRETATION OR ORDER IN WHOLE OR IN PART ONLY IF IT FINDS THAT THERE IS COMPETENT, SUBSTANTIAL EVIDENCE IN THE RECORD OF A CLEAR AND DEMONSTRABLE ERROR IN THE ADMINISTRATIVE OFFICIAL'S APPLICATION OF THE RELEVANT STANDARDS OR PROVISION OF THIS CODE.

SO JUST WANT TO MAKE SURE THAT'S IN THE RECORD.

THAT'S THE STANDARD BY WHICH YOU SHOULD BE DELIBERATING.

I'M NOT EVEN SURE HOW TO PROCEED.

DOES ANYONE ELSE WANT TO MAKE A MOTION? I DO. WHO SAID I DO? GO AHEAD AND MAKE YOUR MOTION.

IN JUST THE WAY WE UNDERSTAND IT.

DO WE HAVE A SECOND? VIOLA WANTS TO AFFIRM IN THE WAY THAT THE PLANNING THE PLANNING DEPARTMENT HAS PRESENTED.

I WILL SECOND, BUT CAN I ADD THAT WE NEED TO PROBABLY, AS JOHN SAID, FOR FUTURE CODE, WE NEED TO JUST BE MORE CLEAR BECAUSE APPARENTLY HE FITS IN SOME GRAY AREA.

SO I DON'T KNOW HOW WE WILL DEAL WITH THAT IN THE FUTURE, BUT FOR NOW AS THE CODE AS YOU PRESENT IT, I AGREE, BUT THERE IS SOME GRAY AREA HERE THAT NEEDS TO BE--YEAH, AND JUST TO RESPOND TO THAT, AS WITH MOST CODES AND LAWS SOMEWHAT FLUID OVER TIME CITY PIECEMEAL MAKE CHANGES AND UPDATE IF THAT'S THE DIRECTION OF THIS BODY, WE CAN GO BACK AND MAKE SOME CHANGES AS WE'RE DOING NOW WITH THE SIGN CODE.

IT'S IN RESPONSE TO THE FACT THAT IT LACKS CLARITY IN SOME PLACES, AND SO WE CAN ALWAYS GO BACK AND DO THAT.

YEAH, BECAUSE I KNOW NEW BUSINESSES, NEW IDEAS, NEW VENTURES POP UP EVERY DAY AND IT'S NOT DEFINED IN THE CODE, BUT--IF I MIGHT ADD I THINK WHAT'S HAPPENING IS THAT I THINK THE BOARD IS REALIZING THAT THERE'S PROBLEMS WITH THE WAY THE CITY IS APPLYING THIS LAW.

THAT'S WHY THEY'RE SAYING, HEY, CITY COUNCIL, WHY DON'T YOU FIX THIS? AND THE PROBLEM IS THAT WE'RE HERE NOW.

WE'RE HERE APPLYING. WE'VE GONE THROUGH THE STEPS TO SEEK THE APPROVAL, AND I THINK IF THE BOARD PERCEIVES THAT THERE'S PROBLEMS WITH THE CITY'S APPLICATION IN THE MANNER IN WHICH THEY'RE APPLYING THE CODE TODAY, THEN IT NEEDS TO BE REVERSED TODAY.

IF THEY WANT TO GO BACK AND FIX IT LATER, THAT'S UP TO THEM, BUT WE'RE HERE TODAY BECAUSE WE'RE TRYING TO MOVE A BUSINESS AND THE LAW AS IT APPLIES TO MADAM CHAIR, YOU ALL HAVE CLOSED THE PUBLIC HEARING PROCESS.

THE COMMENTS THAT YOU JUST HEARD FROM THE APPLICANT'S COUNSEL ARE INAPPROPRIATE AND SHOULD NOT BE CONSIDERED UNDER YOUR RULES OF PROCEDURE.

THEY'RE OUT OF ORDER.

THIS MATTER IS NOW CURRENTLY WITH THE BOARD AND ONLY WITH THE BOARD.

NO FURTHER COMMENTS ARE ALLOWED AT THIS POINT IN TIME AND YOU MAKE YOUR DECISION BASED UPON WHAT YOU'VE HEARD TODAY.

I'LL REPEAT SOMETHING THAT I SAID EARLIER TODAY AT THE BEGINNING OF THIS VERY LONG DAY. YOUR DECISION IS TO HAVE HEARD THE EVIDENCE AND TESTIMONY THAT'S PRESENTED HERE

[04:40:04]

WITH ALL DUE RESPECT TO THE APPLICANT AND THEIR ATTORNEY, WHO HAS BEEN THE PERSON HERE SPEAKING ON THEIR BEHALF, YOUR RULES OF PROCEDURE AND THE CASE LAW ON THE SUBJECT MATTER SAY THAT COMMENTS OF COUNSEL ARE JUST THAT THEY DO NOT RISE TO THE LEVEL BEING COMPETENT, SUBSTANTIAL EVIDENCE IN A QUASI-JUDICIAL JUDICIAL PROCEEDINGS.

YOU CAN THEREFORE CONSIDER THEM, BUT YOU CANNOT MAKE YOUR DECISION BASED UPON SOLELY THE ARGUMENTS THAT HE MADE HE HAS MADE, WHICH ARE LARGELY LEGAL IN NATURE UNDER THE EXISTING CASE LAW AND YOUR RULES OF PROCEDURE.

I UNDERSTAND. RESPECTFULLY, MR. [INAUDIBLE], I DID NOT MEAN TO SPEAK OUT OF TURN, BUT I AM NOT JUST HERE AS THE ATTORNEY.

I'M ALSO THE DESIGNATED REPRESENTATIVE OF THE BUSINESS.

THANK YOU, WE'RE GOING TO MOVE FORWARD WITH THE VOTING.

SO I SECOND. SO VIOLA HAS A MOTION TO APPROVE.

OKAY, SO TO REPEAT THE MOTION, I HAVE A MOTION TO AFFIRM THE DECISION MADE BY THE CITY AND DENY THE APPLICANT'S REQUEST.

SECONDED.

A MOTION TO APPROVE THE DECISION MADE BY THE CITY AND DENY THE APPLICANTS REQUESTS PASSED 4 TO 2.

THANK YOU FOR YOUR TIME. YOU'RE A VERY GOOD ATTORNEY, BY THE WAY.

I'M SORRY? YOU'RE A VERY GOOD ATTORNEY.

THANK YOU. I THINK SO.

OKAY, WE'RE GOING TO MOVE RIGHT ALONG HERE.

AT THIS TIME, DO WE HAVE ANY PLANNING BOARD REPORTS? DOES ANYONE ON THE BOARD WANT TO REPORT OR DISCLOSE ANYTHING? ANY PLANNING BOARD REPORTS? OKAY, LOOKS LIKE WE DON'T HAVE ANY.

DO WE HAVE A DIRECTOR'S REPORT? THANK YOU. NOTHING TO REPORT.

THANK YOU SO MUCH.

NO PROBLEM. THANK YOU ALL FOR FOR COMING AND SPENDING THIS TIME WITH US AND DEDICATING YOUR VOLUNTEER HOURS TO US TODAY.

WE'RE GOING TO ADJOURN THE MEETING.

IT'S RIGHT NOW 2:03 P.M.

WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.