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[00:00:02]

I THINK WE'RE READY TO BEGIN THE MEETING.

[1. Call to Order]

IT IS CURRENTLY 9:02.

THIS IS THE CITY OF TEMPORARY PLANNING BOARD MEETING FOR JUNE 1ST, 2022.

CALL THE MEETING TO ORDER.

IF EVERYBODY WOULD RISE, WE DO A PLEDGE OF ALLEGIANCE.

MAYBE WE HAVE THE ROLL CALL, PLEASE.

CLARENCE JEAN BELL ARE ABSENT AND EXCUSED.

NEXT ITEM IS THE APPROVAL OF THE MINUTES FROM THE APRIL SIX, 2022 MEETING.

[4. Approval of Minutes]

DOES ANYBODY HAVE ANY COMMENTS, CORRECTIONS FOR THE MINUTES? SEEING NONE, I NEED A MOTION TO APPROVE.

OK SECOND.

[INAUDIBLE] WHO SECOND PLEASE? ERIC. RICHARD HUGHES.

YES. DAVID LEVENE.

YES. YES.

ERIC NAGY. YES.

VIOLA WATSON.

YES. THE NEXT ITEM IS PLANNING BOARD DISCLOSURES.

[5. Planning Board Disclosures]

DOES ANY MEMBER OF THE BOARD HAVE ANY DISCLOSURES ON ANY ITEMS ON THE AGENDA TODAY? PLEASE MAKE SURE THAT YOUR YOUR MICROPHONE IS TURNED ON SO WE CAN CAPTURE THAT.

I DON'T BELIEVE IT WAS.

OKAY. IS IT WORKING? OH, NOW IT'S WORKING.

OKAY, I'LL SAY THAT AGAIN. [INAUDIBLE] THE ATTORNEY FOR TRAPEZE CALLED ME ABOUT TWO WEEKS AGO ABOUT THE CASE, AND I TOLD HIM WE COULD ONLY DISCUSS THAT ON THE OPEN FORUM LIKE THIS.

AND HE ACCEPTED THAT WE DID NOT DISCUSS ANYTHING.

LOOK.

OKAY NEXT ITEM, THE CITY ATTORNEY'S STATEMENT ON QUASI JUDICIAL PROCEEDINGS.

[6. City Attorney Statement of Quasi-Judicial proceedings. All persons addressing the PlanningBoard will be sworn in including the applicant(s), City Staff, and/or members of the public.]

YES, MADAM, MR. CHAIR AND MEMBERS OF THE BOARD ITEMS 9A AND 9B ARE QUASI JUDICIAL NATURE.

AS A RESULT, WHEN WE GET TO THOSE ITEMS, ALL PERSONS TESTIFYING BEFORE THE PLANNING BOARD MUST BE SWORN IN.

THE PETITIONER IN ANY AFFECTED PERSON SHALL BE GIVEN THE 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 IMMATERIAL, UNDULY REPETITIOUS EVIDENCE SHALL BE EXCLUDED.

STATEMENTS OF COUNSEL SHOULD ONLY BE CONSIDERED AS ARGUMENT AND NOT BE CONSIDERED AS TESTIMONY.

COUNSEL PARTIES SHALL NOT BE SUBJECT TO CROSS-EXAMINATION THE BOARD OF THE CITY COMMISSION.

SOMEHOW, THE AUTHORITY TO REFUSE TO HEAR ANY TESTIMONY WHICH IS IRRELEVANT OR REPETITIVE HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSE OF SUPPLEMENTING OR EXPLAINING OTHER EVIDENCE, BUT IT SHALL NOT BE SUFFICIENT BY ITSELF.

SUPPORT OF FINDING DOCUMENTARY EVIDENCE MAY BE PRESENTED IN THE FORM OF A COPY OF THE ORIGINAL AVAILABLE.

UPON REQUEST. PARTIES SHALL BE GIVEN AN OPPORTUNITY TO COMPARE THE COPY WITH THE ORIGINAL.

PARTY SHALL BE ENTITLED TO CONDUCT CROSSING NATION CROSS EXAMINATION WHEN TESTIMONY IS PROVIDED OR DOCUMENTS ARE PROVIDED PART OF THE MADE PART OF THE RECORD.

AND THEN THE PROCEDURE GENERALLY IS THAT THE APPLICANT MAKES THEIR PRESENTATION STAFF OPEN THE PUBLIC HEARING PEOPLE FOR AND AGAINST HAVE AN OPPORTUNITY TO SPEAK TO STAFF AND THE APPLICANT THEN HAVE AN OPPORTUNITY TO PROVIDE A SUMMARY.

AND THEN YOU CLOSE THE PUBLIC HEARING AND THEN YOU TAKE THE MATTER UP FOR CONSIDERATION AND YOU HAVE TO THEN BASE YOUR DECISION UPON WHAT YOU'VE HEARD, THE COMPETENT STANDARD OF EVIDENCE, WHETHER OR NOT THE APPLICANT HAS MET THE REQUIREMENTS SET FORTH IN THE CODE AND THE STAFF REPORT TO BE ENTITLED TO THE RELIEF THAT THEY'RE REQUESTING.

OKAY, VERY GOOD. NEXT ITEM IS GENERAL PUBLIC COMMENTS.

ANYBODY WHO IS IN THE AUDIENCE WHO WANTS TO SPEAK TO THE BOARD ABOUT A NON AGENDA ITEM.

NOT SEEING ANYONE.

[00:05:01]

WE'LL MOVE ON TO ITEM EIGHT.

[8.a TO 2504 - An ordinance of the City Commission of the City of Tamarac, Floridaamending Chapter 10, Article 4, entitled “Development and Design Standards” byamending Section 10-4.10 entitled “Signs” of the City of Tamarac code of ordinances,by specifically amending Section 10-4.10(L) entitled, “Prohibited Signs” lifting theprohibition on billboard signs on city owned property and rights of way, andamending Section 10-4.10 (D) entitled “General Sign Requirements” by creatingsection 10-4.10(D)(4) entitled, “Signs Permitted on City Owned Property/ Right ofWay” to provide for performance standards for billboard signs, subject to specialexception approval; providing for codification; providing for conflicts; providing forseverability; and providing for an effective date.]

THIS IS A PUBLIC HEARING.

THIS IS ITEM 8A, TEMPORARY ORDINANCE 2504, AN ORDINANCE OF THE CITY COMMISSION, THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER TEN, ARTICLE FOUR ENTITLED DEVELOPMENT AND DESIGN STANDARDS BY AMENDING SECTION 10-4, SUBSECTION TEN ENTITLED SIGNS OF THE CITY OF TAMARAC CODE OF ORDINANCES BY SPECIFICALLY AMENDING SECTION 10-4.10 SUBSECTION L, ENTITLED PROHIBITED SIGNS, LIFTING THE PROHIBITION ON BILLBOARD SIGNS ON CITY OWNED PROPERTY AND RIGHTS OF WAY AND AMENDING SECTION 10-4.

SUBSECTION TEN SUB TEN D ENTITLED GENERAL SIGN REQUIREMENTS BY CREATING SECTION 10-4, SUBSECTION 10, SUBSECTION D, SUBSECTION 4, ENTITLED SIGNS PERMITTED ON CITY OWNED PROPERTY/RIGHT OF WAY TO PROVIDE FOR PERFORMANCE STANDARDS FOR BILLBOARD SIGNS SUBJECT TO SPECIAL EXCEPTION APPROVAL PROVIDING FOR CODIFICATION EXCUSE ME, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

STAFF THANK YOU.

GOOD MORNING. FOR THE RECORD, MY NAME IS ANN JOHNSON, SENIOR PLANNER WITH THE COMMUNITY DEVELOPMENT DEPARTMENT.

THE ITEM BEING BROUGHT BEFORE YOU TODAY, AGAIN, AS STATED BEFORE, IS A TEXT AMENDMENT TO THE CITY'S LAND DEVELOPMENT CODE.

THE EXCUSE ME, THE APPLICANT, MICHAEL GRAY, IS SEEKING A TEXT AMENDMENT TO THE CITY'S LAND DEVELOPMENT CODE TO AMEND SECTION 10-4.10 SUBSECTION.

ARE THE MONITORS AVAILABLE TODAY.

THERE'S NOTHING ON OUR MONITORS.

OH, PERFECT. THANK YOU.

THANK YOU. OKAY.

SO THE APPLICANT, MICHAEL GRAY DESIGNATED DOESN'T EXCUSE ME, THE DESIGNATED AGENT, MICHAEL GRAY.

EXCUSE ME. MICHAEL GRAY, DESIGNATED AGENT FOR THE APPLICANT, 3N OUTDOOR MEDIA INC IS SEEKING APPROVAL OF A TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE TO SECTION 10-4.10 SUBSECTION L OF THE CITY'S LAND DEVELOPMENT CODE TO LIFT THE PROHIBITION ON BILLBOARD SIGNS ON CITY OWNED PROPERTY AND RIGHTS OF WAY. ADDITIONALLY, THE APPLICANT IS SEEKING A TEXT AMENDMENT TO SECTION 10-4.10 TO CREATE SECTION TEN SORRY 10-4.10, SUBSECTION D4, ENTITLED SIGNS PERMITTED ON CITY OWNED PROPERTY OR RIGHTS OF WAY TO PROVIDE PERFORMANCE STANDARDS FOR THE INSTALLATION OF BILLBOARD SIGNS SUBJECT TO SPECIAL EXCEPTION APPROVAL.

3N OUTDOOR MEDIA WAS CREATED IN FEBRUARY 2021 THROUGH A MERGER OF SEVERAL OTHER OUTDOOR ADVERTISEMENT AND MEDIA COMPANIES.

THEY ARE HEADQUARTERED IN DORAL, FLORIDA.

TAKEN FROM THEIR WEBSITE, THEIR MISSION IS TO CREATE OUTDOOR MEDIA OPPORTUNITIES FOR THE PURPOSE OF BUILDING STRONGER COMMUNITIES THROUGH HELPING LOCAL BUSINESSES THRIVE WITH OUTDOOR ADVERTISING AND PROVIDING CITIES A PUBLIC MEDIUM TO COMMUNICATE TO THEIR RESIDENTS.

JUST TO GIVE YOU A LITTLE BIT OF BACKGROUND REGARDING THE APPLICANT'S APPLICATION IN MARCH OF 2022, THE APPLICANT DID CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT STAFF EXPRESSING INTEREST IN ERECTING A BILLBOARD IN CITY OWNED RIGHT OF WAY ALONG THE TURNPIKE.

STAFF INFORMED THE APPLICANT THAT BILLBOARD SIGNS ARE A PROHIBITED SIGN PER SECTIONS 10-4.10, SUBSECTION L OF THE CITY'S CODE.

AFTER FURTHER CONSIDERATION, THE APPLICANT DETERMINED THAT THE BEST COURSE OF ACTION WAS TO PURSUE A TEXT AMENDMENT TO THE CITY'S LAND DEVELOPMENT CODE, AND AS SUCH, STAFF CONDUCTED A REVIEW OF THE CITY'S ZONING MAP AND THE RIGHT OF WAY ALLOCATIONS ALONG ITS MAJOR EXPRESSWAYS.

AND CONSIDERING THE UNIQUENESS OF THE IMPACT IMPOSED BY BILLBOARD SIGNS RECOMMENDED THE ADDITIONAL REQUIREMENT OF A SPECIAL EXCEPTION APPROVAL. BOARD AS YOU MAY RECALL, SPECIAL EXCEPTION ARE USES THAT ARE ALLOWED IN THEIR RESPECTIVE ZONING DISTRICT ONLY IF REVIEWED BY THE PLANNING BOARD AND THE CITY COMMISSION.

AND THE PURPOSE OF A SPECIAL EXCEPTION IS TO PROVIDE FOR INDIVIDUALIZED REVIEW FOR CERTAIN USES THAT DUE TO THEIR NATURE AND RELATIONSHIP TO THE COMPREHENSIVE PLAN AND POTENTIAL ADVERSE IMPACTS ON SURROUNDING AREAS, WOULD REQUIRE SPECIAL CONSIDERATION OF THEIR LOCATION DESIGN METHODS OF OPERATION, AS WELL AS THE IMPOSITION OF CONDITIONS TO MITIGATE CONCERNS BEFORE THEY CAN BE DEEMED APPROPRIATE IN A ZONING DISTRICT AND COMPATIBLE WITH THEIR SURROUNDINGS.

SHOWN ON THE SCREEN BEFORE YOU ARE THE POTENTIAL LOCATIONS OF THE PROPOSED BILLBOARD SIGNS.

[00:10:02]

SHOULD THIS AMENDMENT BE CONSIDERED FOR APPROVAL TO YOUR FARTHEST LEFT WOULD BE THE BORDER OF I 75 AND WHERE IT BORDERS THE CITY OF TAMARAC AND THEN MORE TOWARDS THE EAST SIDE OF THE SCREEN IS THE SECTION OF THE CITY'S TURNPIKE THAT RUNS THROUGH THE MUNICIPAL BORDERS OF THE CITY OF TAMARAC AS WELL.

AND WE'LL GO INTO A LITTLE BIT MORE DETAIL REGARDING THOSE POTENTIAL LOCATIONS FURTHER INTO THE PRESENTATION.

SO GIVEN THESE CITY'S MUNICIPAL BORDERS IN WHICH THE TURNPIKE IS LOCATED WITHIN THE CITY OF TAMARACK, THERE IS A POTENTIAL FOR THREE POSSIBLE SITES.

AND AGAIN, THIS WOULD BE ALONG THE FLORIDA'S TURNPIKE.

ONE SITE MAY PROVE TO BE INACCESSIBLE, AS THEY WOULD HAVE TO GET PERMISSION FROM THE CITY OF NORTH LAUDERDALE, AND THAT WOULD ACTUALLY BE THROUGH A RESIDENTIAL AREA. SO MORE LIKELY, POSSIBLY TWO SITES.

HOWEVER, THAT SITE IS NOTED BECAUSE IT IS CITY OWNED BY THE CITY OF TAMARAC WITHOUT A ZONING DESIGNATION.

THE FLORIDA DEPARTMENT OF TRANSPORTATION OWNS THE REMAINING RIGHT OF WAY ALONG THE TURNPIKE PER THE COUNTY APPRAISER RECORDS.

ADDITIONALLY, AS YOU MAY KNOW, I 75 ALSO BORDERS THE CITY OF TAMARAC TO THE FURTHEST WEST AND SO SHOWN ON THE SCREEN BEFORE YOU ARE POTENTIAL LOCATIONS ALONG I-75 BETWEEN SOUTHGATE BOULEVARD AND WEST MCNAB ROAD.

SO THE CITY OWNS APPROXIMATELY 7500 LINEAR FEET OF RIGHT OF WAY TO THE WEST OF I 75.

THAT PROPERTY IS ZONED RECREATION.

THE PROPERTY NORTH OF SOUTHGATE, NEAR THE LIFT STATION TO THE REAR OF WHAT'S KNOWN AS TEST FOUR PARK ALSO BORDERS 75 TO THE EAST. HOWEVER, THAT PROPERTY IS ALSO ZONED RECREATION AS WELL.

SO ASSUMING THE 1500 FOOT DISTANCE SEPARATION THAT IS REQUIRED BETWEEN SIGNS AND THE 150 FOOT SEPARATION THAT WOULD BE REQUIRED FROM A RESIDENTIAL PROPERTY, THAT LEAVES THE POTENTIAL FOR POSSIBLY FIVE SIGNS ALONG I 75 AND POSSIBLY ONE SIGN IN THE PARCEL THAT IS KNOWN AS TEPPER PARK TO THE REAR.

DUE TO THE STRETCH OF I 75, I HAD TO SPLIT THE GRAPHIC UP.

SO WHAT YOU'RE SEEING NOW IS THE STRETCH OF I-75 THAT RUNS WITHIN THE CITY'S MUNICIPAL BORDERS, THAT IS ACTUALLY SOUTH OF MCNABB, BUT NORTH OF COMMERCIAL BOULEVARD. SO AGAIN, GIVEN THOSE SAME PARAMETERS WITH THE 1500 FOOT DISTANCE SEPARATION AND ALSO WITH THE 100 FOOT DISTANCE SEPARATION THAT IS REQUIRED, THERE IS THE POTENTIAL FOR ONE BILLBOARD SIGN IN THIS PARTICULAR AREA OF I-75 AS THE REST OF THE PROPERTY AND THE RIGHT OF WAY IS OWNED BY FLORIDA DEPARTMENT OF TRANSPORTATION.

LASTLY, THERE IS THE PARCEL THAT CONTAINS SUNSET PARK AND IT ACTUALLY AGAIN ABUTS THE RIGHT OF WAY OF I-75.

AND THIS PROPERTY IS CITY OWNED.

IT IS ALSO ZONED RECREATION GIVEN ITS PROXIMITY TO RESIDENTIAL.

IT ALSO ALLOWS FOR THE DISTANCE SEPARATION.

AND SO THIS WAS JUST NOTED, AGAIN, AS A POTENTIAL SITE FOR A POSSIBLE BILLBOARD SHOULD THE CITY CHOOSE TO POSSIBLY BE PLACED TO THE REAR OF THE PROPERTY.

SHOWN ON THE SCREEN BEFORE YOU IS THE POTENTIAL TEXT AMENDMENT TO SECTION 10-4.10L THE FIRST ITEM NUMBER ONE SUBSECTION ONE IN THAT SECTION IS IN REGARDS TO ANIMATED SIGNS.

SO IN ORDER TO PERMIT DIGITAL SIGNS, WHICH THE BILLBOARD IS PROPOSED TO BE, THIS PARTICULAR SECTION WOULD MAKE AN EXCEPTION FOR BILLBOARD SIGNS AND SUBSECTION ONE.

AND IF YOU GO DOWN TO SUBSECTION EIGHT WHERE THE ADDITIONAL RED TEXT IS SHOWN, IT ALSO MAKES AN EXCEPTION FOR BILLBOARD SIGNS THEMSELVES.

THIS SECTION WOULD POTENTIALLY LIFT THE PROHIBITION AND BILLBOARD SIGNS WOULD BE PERMITTED ON CITY OWNED PROPERTY OR RIGHT OF WAY SHOULD THIS TEXT AMENDMENT BE GIVEN CONSIDERATION FOR APPROVAL.

THE SECTION SHOWN BEFORE YOU IS SECTION 10-4.10 D4, AND THIS IS THE SECTION THAT ACTUALLY CREATES THE PERFORMANCE STANDARDS FOR BILLBOARD SIGNS SHOULD THEY BE PERMITTED IN THE CITY'S CODE?

[00:15:06]

AND I WON'T GO THROUGH ALL OF THE MANNERS OF I'M SORRY, ALL OF THE TEXT HERE SHOWN ON THE SCREEN, BUT IT SPEAKS TO LOCATION, ORIENTATION, THE NUMBER OF SIGN FACES PERMITTED.

SO AGAIN, IF THE SIGN HAS THE POTENTIAL TO FACE RESIDENTIAL, MAYBE ON ITS REAR, THEN THAT SIGN WOULD ONLY BE PERMITTED ONE SIGN FACE AND THAT SIGN FACE WOULD HAVE TO FACE THE EXPRESSWAY.

IT ALSO SPEAKS TO THE DISTANCE SEPARATION REQUIREMENTS THAT WE JUST PREVIOUSLY DISCUSSED.

SO AGAIN, IT WOULD BE REQUIRED TO BE AT LEAST 1500 FEET BETWEEN SIGNS AS WELL AND THAT'S A SCRIBNER'S ERROR, I APOLOGIZE.

IT'S 150 FEET AWAY FROM RESIDENTIAL ZONE PROPERTY, 1500 FEET AWAY FROM ANY OTHER BILLBOARD SIGN.

AND AGAIN, THAT'S GIVEN IF THE SIGN IT'S PARAMETERS, IF IT IS WITHIN THAT DISTANCE, THEN AGAIN IT CAN ONLY HAVE ONE SIGN FACE AND IT WOULD HAVE TO FACE THE EXPRESSWAY.

THIS IS JUST A CONTINUATION OF THOSE PERFORMANCE STANDARDS TO ENSURE THAT THE IMPACT OF THE BILLBOARD SIGNS WILL MINIMALLY ADVERSE IMPACT, I'M SORRY, MINIMALLY CREATE ANY ADVERSE IMPACTS TO ANY SURROUNDING PROPERTY.

SO THIS SPEAKS TO THE SETBACKS BEING INDIVIDUALIZED THROUGH THE SPECIAL EXCEPTION REVIEW.

AND SHOULD THE BOARD CONSIDER APPROVAL OF THIS AMENDMENT, THE SPECIAL EXCEPTION FOR THESE SIGNS WILL HAVE TO COME BACK BEFORE THIS BOARD.

SO THE BOARD WILL SEE THE APPLICATION FOR THE SPECIAL EXCEPTION AND ALSO AGAIN SPEAKS TO THE DISTANCE REQUIREMENTS FOR THE SIGNS AS WELL.

THE CONTINUATION OF THE SUBSECTION IS ALSO DESIGNED GUIDELINES.

AND SO THESE WERE WRITTEN IN CONFORMANCE WITH WHAT THE FLORIDA DEPARTMENT OF TRANSPORTATION REQUIRES.

SPEAKS TO THE SIZE OF THE SIGN PHASE.

SPEAKS TO THE HEIGHT OF THE STRUCTURE.

SO NO SIGN STRUCTURE MAY BE PERMITTED.

THAT IS IN EXCESS OF 50 FEET.

THAT IS IN COMPLIANCE WITH FLORIDA DEPARTMENT OF TRANSPORTATION'S GUIDELINES.

NO BILLBOARD SIGN PHASE SHALL EXCEED 14 FEET BY 48 FEET, SO 672 SQUARE FEET IN AREA, ALSO IN COMPLIANCE WITH FLORIDA DEPARTMENT OF TRANSPORTATION GUIDELINES AS WELL.

LANDSCAPING WILL BE REQUIRED AS WELL.

AND SO, AGAIN, THIS IS TO MAKE SURE THAT THE SIGN IS CAUSING MINIMAL IMPACT TO THE SURROUNDING ENVIRONMENT AS WELL. AND TO ALSO SCREEN THE SIGN, WHERE POSSIBLE, WHERE IT IS VISIBLE FROM RESIDENTIAL PROPERTY AS WELL.

THE PROPOSED BILLBOARD STRUCTURE SHALL BE REQUIRED TO MEET ALL OTHER REQUIREMENTS OF THIS CODE AND THE FLORIDA BUILDINGS CODE, AND THEN NO EXTENDING PORTIONS, INCLUDING EMBELLISHMENTS FROM THE SIGN, FACE OR SIGN STRUCTURE, ARE PERMITTED ON THE SIGN, AND THAT'S PRETTY MUCH CONSISTENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION'S REQUIREMENTS AS WELL. THIS CONTINUATION OF THIS SECTION SPEAKS TO THE ILLUMINATION OF ANIMATED MESSAGES.

SO AGAIN, FOR THE DIGITAL SIGNS, FOR SAFETY PURPOSES AS WELL, TO MAKE SURE THAT THESE SIGNS DO NOT PREVENT PRESENTS A VISUAL HAZARD FOR MOTORISTS ON THE ROADWAY.

SO NO AUDITORY MESSAGES THAT CONTAIN SMOKE OR MECHANICAL SOUNDS THAT WILL CAUSE A DISTRACTION AS WELL.

ALL DIGITAL SHINES.

THE LIGHTING SHALL BE ADJUSTED FOR AMBIENT CONDITIONS.

SO AS AGAIN NOT TO CREATE A VISUAL HAZARD AND ALL OF THESE PROVISIONS, AGAIN WERE TAKEN INTO CONSIDERATION WITH WHAT THE FLORIDA DEPARTMENT OF TRANSPORTATION REQUIRES, AND THEY ARE IN ALIGNMENT WITH THEIR POLICIES, AS WELL AS THE FLORIDA DEPARTMENT OF TRANSPORTATION HAS ITS OWN PERMITTING PROCESS THAT THE APPLICANT WILL HAVE TO COMPLY WITH PRIOR TO THE CITY'S PERMIT OF THE INSTALLATION OF THE SIGN.

AND LASTLY, THAT'S WHAT THE LAST SECTION OF THIS CODE SECTION SPEAKS TO.

SO IT SPEAKS TO THE EXTERNAL REQUIREMENTS BY EXTERNAL AGENCIES.

THE APPLICANT SHALL FURNISH A COPY OF THE APPLICABLE PERMIT APPLICATION AND APPROVAL FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION AND IF NECESSARY, ALSO BROWARD COUNTY PRIOR TO THE CITY'S APPROVAL OF THE PERMIT FOR THE BILLBOARD SIGN.

OWNERSHIP OF THE SIGN WILL BE MAINTAINED BY THE ORIGINAL APPLICANT, AND IT MAY NOT BE SOLD OR TRANSFERRED OR LEASED OR SUBCONTRACTED TO ANY FIRM WITHOUT PRIOR APPROVAL FROM THE CITY.

IN ADDITION, THE CITY RESERVES THE RIGHT TO REJECT ANY APPLICATION FOR A PERMIT FOR A BILLBOARD SIGN, REGARDLESS OF DISTANCE SEPARATION.

IF IT IS DETERMINED THAT THE SIGN WILL BE A DETRIMENT TO THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC.

[00:20:09]

BOARD SHOWN ON THE SCREEN BEFORE YOU ARE THE CRITERIA FOR WHICH THE APPLICANT MUST MEET FOR A TEXT AMENDMENT TO THE CITY'S LAND DEVELOPMENT CODE, AS INDICATED IN THE STAFF MEMO.

THE RESPONSES TO THE APPLICANTS REQUESTS ARE CONTAINED WITHIN THE STAFF REPORT.

THE APPLICANTS REQUEST IS ALSO IN ALIGNMENT WITH THE CITY'S COMPREHENSIVE PLAN, PARTICULARLY THE FUTURE LAND USE ELEMENT AND ALSO THE ECONOMIC DEVELOPMENT ELEMENT OF THE COMPREHENSIVE PLAN.

SO SPECIFICALLY, OBJECTIVE NUMBER ONE OF THE FUTURE LAND USE PLAN REQUIRES THE CITY TO ADMINISTER AND ADOPT APPROPRIATE LAND DEVELOPMENT CODE REVISIONS, AMENDING THEM AS NEEDED TO RESPOND TO CHANGING CONDITIONS.

SO IN THIS INSTANCE, THE APPLICANT IS SEEKING A TEXT AMENDMENT TO THE CITY'S LAND DEVELOPMENT CODE FOR THE CITY TO CONSIDER LIFTING THE PROHIBITION ON BILLBOARD SIGNS.

IN ADDITION, IT IS ALSO COMPLIANT WITH FUTURE LAND USE ELEMENT POLICY NUMBER 1.5 BY PROMOTING QUALITY DEVELOPMENT IN ALL LAND USE CATEGORIES BY THE ESTABLISHMENT AND IMPLEMENTATION OF DESIGN CRITERIA AND DEVELOPMENT STANDARDS IN THE LAND DEVELOPMENT CODE.

SO AGAIN, THE CREATION OF SECTION 10- 4.10, SUBSECTION D4 DOES JUST THAT.

IT SPEAKS TO THE PERFORMANCE STANDARDS AND THE DESIGN GUIDELINES THAT THE APPLICANT MUST COMPLY WITH BEFORE THE SIGN MAY BE INSTALLED.

ALSO, THE PROPOSED REQUEST IS CONSISTENT WITH FUTURE LAND USE ELEMENT POLICY 10.8 BY ENSURING THAT COMMERCIAL LAND USES ARE LOCATED IN A MANNER COMPATIBLE WITH THE ADJACENT LAND USES SO AS TO NOT ADVERSELY AFFECT THE PUBLIC HEALTH, SAFETY, WELFARE OR ESTHETICS OF THE EXISTING FUTURE OR BUILT ENVIRONMENT.

AND AGAIN, THE APPLICANT'S REQUEST IS CONSISTENT WITH WHERE YOU SEE BILLBOARD SIGNS COMMONLY ALONG THE MAJOR EXPRESSWAYS.

TYPICALLY IN OTHER MUNICIPALITIES, THESE SIGNS ARE LOCATED FAIRLY CLOSE TO MAJOR HIGHWAYS WITHIN THEIR MUNICIPAL BOUNDARIES, I 95, I 75 AND THE TURNPIKE.

THE APPLICANT'S REQUEST IS CONSISTENT WITH THE ECONOMIC DEVELOPMENT STRATEGIC PLAN WITHIN THE CITY'S COMPREHENSIVE PLAN BY EXPANDING THE SIGN PROVISIONS OF THE CITY'S CODE TO FURTHER ITS ECONOMIC DEVELOPMENT INITIATIVES AS WELL.

THE PROPOSED AMENDMENT SUPPORTS THE CITY'S STRATEGIC GOAL.

NUMBER FOUR TAMARAC IS VIBRANT BY ADDRESSING THE REGULATION OF NONRESIDENTIAL USES AND THEIR IMPACT ON THE SURROUNDING COMMUNITY.

AND SO LASTLY, THE RECOMMENDATION, THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION OF CONSIDERATION TO THE CITY COMMISSION FOR THEIR DELIBERATION ON A TEXT AMENDMENT TO CHAPTER TEN, SECTION 10-4.10 OF THE CITY'S CODE OF ORDINANCES ON FIRST READING AT ITS JUNE 8TH, 2022 MEETING AND ON SECOND READING AT ITS JULY 13, 2022 MEETING AS WELL.

THAT CONCLUDES MY PRESENTATION.

I'D BE HAPPY TO TAKE ANY QUESTIONS AT THIS TIME.

DOES THE APPLICANT HAVE ANYTHING TO SAY? YES. THANK YOU. FOR THE RECORD, MY NAME IS MITCH CESAR.

I AM THE ATTORNEY FOR THE APPLICANT WHO IS HERE, AS WELL AS HIS STAFF POINTED OUT WITH GREAT DETAIL, WHICH WE APPRECIATE.

YOU CAN TELL WE'VE BEEN WORKING WITH THE STAFF LITERALLY FROM DAY ONE IN WHICH THEY HELP GUIDE US AND ADVISE US OF THE STEPS THAT WOULD BE NECESSARY. OBVIOUSLY, TODAY WE'RE HERE IN THE CONTEXT OF MOVING IT FORWARD AS A STAFF AS RECOMMENDED.

THIS IS AN UNUSUAL CONCEPT.

THIS IS A CONCEPT TO UTILIZE CITY PROPERTY, PAY THE CITY SIGNIFICANT RENT.

ALSO, BY NATURE OF WHERE THE LAND IS, MAKE SURE IT AFFECTS NO RESIDENTIAL FOLKS AT ALL.

NOT DURING THE DAY, NOT LIGHTS AT NIGHT, ANYTHING LIKE THAT.

SO THAT, IN EFFECT, TAKES THAT ISSUE OFF THE TABLE.

THAT WAS OUR FIRST CONCERN TO MAKE SURE WE HAD PROPERTY THAT WAS NOT GOING TO AFFECT ADVERSELY RESIDENTIAL NEIGHBORHOODS.

AGAIN, WITH A NEGOTIATION WITH THE CITY FOR RENT AND ALSO IN DISCUSSION SIGNIFICANTLY WAS ALSO THE USE BY THE CITY OF BILLBOARD TIME TO PROMOTE THE CITY.

AND THOSE ARE ALL THINGS THAT HAVE BEEN DISCUSSED AT GREAT LENGTH.

AND WE ARE COMMITTED TO TO MEETING THOSE GOALS.

AGAIN, THIS IS JUST TO GET US THE CITY COMMISSION WILL MAKE SOME DETERMINATION TO PLACE, I GUESS, IN EFFECT, THE SAFEGUARDS THAT THEY FEEL ARE NECESSARY, WHICH WE UNDERSTAND.

[00:25:10]

AND THEN BACK HERE AND THEN BACK TO THE COMMISSION ON SPECIAL EXCEPTION.

MR. NADEL IS HERE.

I THINK HE WANTED TO POSE ONE QUICK QUESTION.

HE IS THE PRINCIPAL OF 3N THUS NADAL THE THREE NS.

SO. I THANK YOU VERY MUCH FOR THE OPPORTUNITY TO ADDRESS THE COMMISSION. WELL, THE BOARD AND YOU'VE DONE A GREAT JOB, BY THE WAY, THE PRESENTATION YOU MADE WAS SPOT ON.

REALLY EXCELLENT DONE.

[INAUDIBLE] HERE IS ALSO TO GIVE AMBER ALERTS INFORMATION ON THE HIGHWAYS.

IT'S NOT JUST ADVERTISEMENTS [INAUDIBLE] NO, I WAS IN BUSINESS YEARS AGO WHEN I STARTED THE BUS SHELTERS, PUBLIC SERVICE.

SO I'VE TAKEN THE SAME CONCEPT AND WITH PUBLIC SERVICE FROM THE RIGHT OF WAY TO CITY OWNED PROPERTY.

WE WORK WITH SEVERAL CITIES IN THE COMMUNITY TO DO THE PROGRAM.

SORRY, I HAVE MY TEETH SURGERY , SO I APOLOGIZE FOR MY APPEARANCE.

SO THIS IS WHAT WE'RE DOING AND IF YOU HAVE ANY QUESTIONS, IT'S UP TO ANSWER.

I'M NOT GOING TO KNOW. I THINK I THINK WE'RE GOOD.

LIKE I SAID, I HAD QUESTIONS EARLIER, BUT YOU DID SUCH AN AMAZING JOB THAT MY QUESTIONS WERE ALL DEALT WITH EARLIER.

SO THAT'S IT.

I WANT TO THANK YOU FOR THEIR OPPORTUNITY, ALTHOUGH THEY DID SUCH A GREAT COMPREHENSIVE PRESENTATION.

THANKS. I THINK NOW WE OPEN IT UP, THE PUBLIC HEARING TO ANY MEMBER OF THE PUBLIC WHO WOULD LIKE TO SPEAK ON THE ITEM.

NOBODY WANTS TO TALK ABOUT BILLBOARDS.

OKAY. SEEING NOBODY WILL CLOSE THE PUBLIC HEARING AND COME BACK TO THE BOARD.

ANY QUESTIONS FROM THE BOARD MEMBERS FOR STAFF OR FOR THE APPLICANT? MEMBER GNAGE, QUESTION FOR STAFF.

FIRST A STATEMENT IN THE PRESENTATION YOU REFERENCED I 75.

I'M ASSUMING WHAT YOU ACTUALLY MEAN IS SAWGRASS EXPRESSWAY, CORRECT? I 75 DOESN'T START UNTIL SOUTH OF 595.

YOU ARE CORRECT. YES.

IF YOU COULD BRING UP THE MAP, THE AERIAL PHOTO THAT HAS THE AREA BETWEEN MCNABB AND SOUTHGATE ALONG SAWGRASS.

THIS ONE. THAT AREA RIGHT THERE, THAT'S CAPTIVA AND SANIBEL TOWNHOMES.

I DON'T UNDERSTAND.

I BELIEVE YOU SAID THAT THERE WOULD BE THE ABILITY TO PUT FIVE BILLBOARDS IN THAT AREA.

BUT HOW WERE YOU GOING TO GET FIVE BILLBOARDS IN THERE AND HAVE THEM BE 150 FEET AWAY FROM THOSE TOWNHOMES THAT BACK RIGHT UP TO THE WALL.

THAT'S THE SOUND WALL FOR THE SAWGRASS.

SO THE CITY'S PROPERTY IS ACTUALLY ON THE OTHER SIDE OF THE SAWGRASS.

WE'RE TALKING THE WEST SIDE OF SAWGRASS EXPRESSWAY.

NO. SO THE ARROW IS POINTING WEST OF 75 BECAUSE THAT SIDE THAT IS EAST OF 75, THAT DOES BELONG TO THE FLORIDA DEPARTMENT OF TRANSPORTATION.

OKAY. SO IT'S BETWEEN THE SAWGRASS AND THE EVERGLADES, BASICALLY, NOT BETWEEN SAWGRASS AND IN THE NEIGHBORHOOD.

AND MY LAST QUESTION WAS, ONE OF THE CRITERIA FOR A TEXT AMENDMENT IS THAT IT HAS TO ADDRESS A COMMUNITY NEED OR SOMETHING TO THAT EFFECT.

WHAT IS IT THE COMMUNITY NEED THAT IS ADDRESSED BY HAVING SEVEN BILLBOARDS PUT ALONG THE SAWGRASS? THAT'S CORRECT. THE MAP SHOWS JUST POTENTIAL LOCATIONS.

IT DOESN'T NECESSARILY MEAN THAT ALL OF THOSE LOCATIONS WILL BE UTILIZED.

BUT JUST FOR THE PURPOSES OF THE TEXT AMENDMENT, WE HAD TO SHOW THE ENTIRETY TO A BILLBOARD COULD BE PLACED.

BUT AGAIN, GOING BACK TO THE ECONOMIC DEVELOPMENT INITIATIVES WITHIN THE CITY STRATEGIC PLAN, THE CITY IS LOOKING TO BECOME MORE VISIBLE, MORE VIBRANT.

TO ALSO BE ABLE TO NOTIFY THE PUBLIC OF DIFFERENT EVENTS THAT MAY BE OCCURRING IN THE CITY, MAY BE DIFFERENT HAZARDS THAT MAY BE OCCURRING IN THE CITY.

SO THIS IS JUST A WAY OF CREATING MORE VISIBILITY AND ALSO TO KIND OF HIGHLIGHT THE CITY MORE AS A DESTINATION, NOT AS A PASS THROUGH WESTERN SUBURB IN BROWARD COUNTY.

SO IT'S IN ALIGNMENT WITH THE CITY'S ECONOMIC DEVELOPMENT INITIATIVES.

IS ANY AGREEMENT PROPOSED OR BEEN REACHED WITH THE APPLICANT ON HOW MUCH TIME, FOR LACK OF A BETTER WORD, THE CITY WOULD BE ALLOTTED ON THE BILLBOARD? NOT AT THIS TIME.

THAT AGREEMENT WILL BE IF IT IS CONSIDERED FOR APPROVAL.

THAT IS SOMETHING THAT THE CITY COMMISSION AND THIS BOARD WOULD HAVE TO TAKE INTO CONSIDERATION AS WELL.

AGAIN, THIS PARTICULAR ITEM MAY COST THE CITY TO CREATE A RFP,

[00:30:05]

AND IN MAY THE CITY MAY DECIDE TO GO OUT TO BID FOR THESE LOCATIONS.

AND SO WHOEVER THE SUCCESSFUL BIDDER IS, THEY WOULD HAVE TO NEGOTIATE THOSE TERMS WITH THE CITY AND THE CONTRACT.

SO THEN TO BE CLEAR, THE THIS ITEM DOES NOT NECESSARILY GUARANTEE THAT THE APPLICANT WILL HAVE BILLBOARDS THERE.

IT'S JUST THAT SOMEBODY HAS THE OPPORTUNITY TO HAVE BILLBOARDS THERE.

THAT IS CORRECT. THIS ITEM WOULD POTENTIALLY AT LEAST LIFT THE PROHIBITION SO THAT THE DISCUSSION COULD CONTINUE REGARDING THE CONSIDERATION OF THE PLACEMENT OF BILLBOARDS.

OKAY. THANK YOU.

THAT'S ALL. MEMBER WATSON.

YES. I WANTED TO KNOW IF THE DIFFERENT LOCATIONS THAT WE DISCUSS.

DOES IT MEAN THAT THEY'RE GOING TO BE SIGNS IN ALL OF THESE LOCATIONS? OR WE'RE TALKING ABOUT JUST ONE OR TWO SIGNS? AND ARE WE GOING TO ALSO BE DISCUSSING IN THE FUTURE THE STRUCTURE, THE STRENGTH, HOW THESE SIGNS ARE GOING TO BE BUILT IN THAT OUR AREA IS PRONE TO STORMS AND DIFFERENT THINGS LIKE THAT.

THANK YOU, MISS WATSON, FOR YOUR QUESTIONS TO ADDRESS THE FIRST PART OF YOUR QUESTION.

FOR THE PURPOSES OF THIS PRESENTATION, WE HAD TO SHOW ALL OF THE POTENTIAL LOCATIONS.

THIS DOES NOT MEAN THAT ALL OF THESE POTENTIAL LOCATIONS WILL BE UTILIZED.

THERE STILL ARE A NUMBER OF REQUIREMENTS AND A NUMBER OF BARRIERS, IF YOU WILL, THAT THE POTENTIAL APPLICANT FOR A BILLBOARD SIGN WILL HAVE TO COMPLY WITH.

AND SO TO ANSWER YOUR QUESTION IN THE MOST LINEAR FASHION, NO, THIS DOES NOT MEAN THAT ALL OF THESE SIGNS WILL BE PLACED IN ALL OF THE AREAS THAT WERE SHOWN IN THE PRESENTATION. BUT WE STILL HAD TO SHOW WHERE THERE IS POTENTIAL JUST SO THAT YOU WOULD HAVE THE FULL PICTURE.

AND REGARDING THE SECOND PART OF YOUR QUESTION, I'M SORRY, COULD YOU REVISIT THAT? IT HAS TO DO WITH THAT, THE STRUCTURE, THE QUALITY.

YES. SO THESE SIGNS HAVE TO COMPLY WITH FLORIDA'S BUILDING CODE AS WELL.

SO THEY WILL BE SUBJECT TO A STRUCTURAL INSPECTION AND THEY WILL BE HAVE TO THEY WILL BE HAVE EXCUSE ME, THEY WILL NEED TO BE CONSTRUCTED TO WITHSTAND THE WIND LOADS THAT ARE REQUIRED FOR THESE TYPES OF STRUCTURES UNDER THE FLORIDA BUILDINGS CODE.

THANK YOU. YOU'RE WELCOME.

ANY QUESTIONS FROM NUMBER 11? NO QUESTIONS AT THIS TIME.

I HAVE A COUPLE.

JUST IN TERMS OF THE POTENTIAL NUMBER, I THINK AS YOU WERE SPEAKING, I WAS JOTTING DOWN.

I THINK IT'S A TOTAL, I WROTE DOWN NUMBERS NINE, POTENTIALLY FIVE ALONG ON THIS GRAPHIC, FIVE ALONG POTENTIALLY THE WEST SIDE OF 75, ONE NEAR THAT PARK ON SOUTH GATE AND THEN THREE HERE.

THAT'S NINE OK.

THANKS. THE HEIGHT REQUIREMENT, I THINK YOU SAID IT WAS YOU TOOK THAT FROM FDOTS.

THAT'S CORRECT. IT CANNOT EXCEED 50 FEET IN HEIGHT.

SO THOSE THAT EXIST ON SOME OF THE HIGHWAYS NOW THAT WE SEE DRIVING ALONG THERE, THOSE ARE MAYBE 50 FEET IF YOU'RE ON THE TURNPIKE OR SOMETHING.

IS THAT POTENTIALLY.

AGAIN, WE THE CITY HAS NOT HAD EXTENSIVE EXPERIENCE IN ERECTING BILLBOARDS.

SO WE LOOKED DIRECTLY TO THE FLORIDA DEPARTMENT OF TRANSPORTATION GUIDELINES.

I KNOW AS YOU GET A BIT FURTHER NORTH, THE BILLBOARDS ARE THERE PROBABLY TALLER THAN 50 FEET.

SO WE ARE GOING TO USE THE LATEST GUIDELINES THAT FLORIDA DEPARTMENT OF TRANSPORTATION HAS PUBLISHED.

SO IF WHAT THE APPLICANT NEEDS TO ACCOMPLISH CAN BE DONE IN THE HEIGHT THAT IS LESS THAN 50 FEET, THEN THE SIGN WILL BE LESS THAN 50 FEET, BUT THE MAXIMUM PER LATEST FLORIDA DEPARTMENT OF TRANSPORTATION GUIDELINES IS 50 FEET.

RIGHT. OKAY.

SO THEY ARE ALLOWED TO GO TO 50 FEET.

THAT WOULDN'T BE NECESSARILY A CITY BE ABLE TO SAY NO, YOU CAN ONLY GO 30.

THE CITY WOULD BE ALLOWED TO DO THAT UNDER THE SPECIAL EXCEPTION PROCESS.

THAT IS A POTENTIAL FOR CONDITIONS.

AND SO WHEN THE SPECIAL EXCEPTION IS EVEN CONSIDERED BY THIS BOARD, THE SPECIAL EXCEPTION WILL HAVE TO COME BEFORE THIS BOARD.

SO IF THAT IS A CONSIDERATION OF A CONDITION THAT THE BOARD WOULD LIKE TO CONSIDER, THAT MAY POSSIBLY BE A CONDITION OF APPROVAL FOR THE BOARD AS WELL.

OKAY. I JUST THINK THAT LEAVES IT PRETTY OPEN.

BUT I UNDERSTAND THAT QUESTION ABOUT THE DISTANCE SEPARATION BETWEEN BILLBOARDS THAT APPLIES TO THOSE WHO WILL BE ON CITY PROPERTY, CITY RIGHT OF WAY. WHAT ABOUT A SITUATION WHERE THERE'S ONE ON FDOT RIGHT AWAY?

[00:35:05]

REGARDING.

WOULD IT APPLY TO SEPARATION BETWEEN THE TWO SIDES IN THAT CONDITION? YES. SO OUR GUIDELINES WERE WRITTEN VERY CLOSELY TO FDOT'S REQUIREMENTS AS WELL.

FDOT DOES ALLOW SIGNS BETWEEN 1015 HUNDRED FEET SEPARATION ON PER THEIR GUIDELINES.

HOWEVER, THEY DO DEFER TO THE MUNICIPALITY IN REGARDS TO DISTANCE SEPARATION REQUIREMENTS.

SO WE DECIDED TO OPT FOR THE 1500 AND THAT WOULD BE THE MINIMAL FOR US.

BUT YES, FDOT IN THEIR REQUIREMENTS, THEY DO ALLOW THEM UP TO 1000 FEET.

BUT THERE ARE ALSO SOME ADDITIONAL REQUIREMENTS UNDER FDOT WHERE THE APPLICANT WOULD HAVE TO COMPLY WITH THOSE REQUIREMENTS.

AND AGAIN, ZONING WISE, WE DON'T FORESEE A POTENTIAL APPLICANT BEING ABLE TO SATISFY THOSE REQUIREMENTS UNDER FDOT'S GUIDELINES, NOT FOR LESS THAN 1500 FEET SEPARATION.

OKAY. BUT I GUESS I THINK THAT PARTIALLY ANSWERS IT.

BUT FOR EXAMPLE, ON I-75, YOU COULD HAVE POTENTIALLY THIS IS SAY THREE ON THE CITY SIDE OF THAT ON THE EAST SIDE, POTENTIALLY FDOT MIGHT ALLOW THREE OR FOUR.

IS THAT POTENTIALLY ON THEIR SIDE OF IT.

RIGHT. BUT MY QUESTION WAS, THE SEPARATION DOES NOT APPLY WHEN IT'S ON THE FDOT RIGHT AWAY.

YOU HAVE NO CONTROL OVER THAT, RIGHT? YOU CAN ONLY CONTROL THE SEPARATION THAT'S ON THE CITY SIDE.

SO YOU SEPARATE THE SIGNS THAT ARE SPACED OUT ON THE CITY'S PROPERTY, BUT THEN YOU COULD HAVE A BUNCH ON THE FDOT RIGHT AWAY THAT YOU HAVE NO CONTROL OVER.

SO YOU COULD CONCEIVABLY HAVE A CORRIDOR THERE WITH A LOT OF SIGNS.

I MEAN, I GUESS MY QUESTION IS, YOU REALLY CAN'T PUT A STANDARD IN PLACE THAT SAYS YOU ALSO SHALL BE 1500 FEET FROM ANY EXISTING SIGN OR FUTURE SIGN ON THE FDOT RIGHT OF WAY RIGHT.

I UNDERSTAND WHAT YOU'RE SAYING, THAT WE DON'T NECESSARILY HAVE PURVIEW OVER FDOT'S GUIDELINES, BUT FDOT'S GUIDELINES ARE VERY CLOSE TO WHAT WE'RE ALREADY PERMITTING.

SO RIGHT NOW, FDOT'S DOES ALLOW SIGNS WITHIN 1000 FEET AND THAT'S THERE OR WITHIN 1500 FEET.

FDOT HAS ADDITIONAL GUIDELINES THAT THE SIGN WOULD HAVE TO COMPLY WITH AND IN THE CITY OF TAMARAC, BECAUSE THE WAY THESE PARCELS ARE ZONED, WE DON'T FORESEE A APPLICANT BEING ABLE TO COMPLY WITH THOSE ADDITIONAL FDOT GUIDELINES.

SO AT A MINIMUM, WITHIN THE CITY OF TAMARAC, THOSE SIGNS WOULD NEED TO BE SEPARATED 1500 FEET.

OKAY. THAT MIGHT HAVE BEEN IT.

YEAH. THAT'S IT FOR ME.

MAY I MAKE A COMMENT VERY BRIEFLY BEFORE YOU DO? I'M SORRY. YES, I DO HAVE A BIT OF A CONCERN.

IF YOU COULD DO SOME MORE EXPLANATION, THE SEPARATION FROM THE RESIDENTIAL AREA TO JUST BE 150 FEET VERSUS THE SIGN, 1500 FEET.

AND DEPENDING ON HOW MANY SIGNS THAT IS IN THE RESIDENTIAL AREA AND THE TYPE OF SIGN IN TERMS OF LIGHTING AND ALL OF THAT, THAT COULD BE AN ISSUE.

GIVEN THE LOCATIONS THAT WE HAVE AVAILABLE HERE, THERE IS POTENTIALLY AND I'LL GO BACK TO THE SLIDE YOU HAVE AT THE VERY TOP OF YOUR SCREEN TO THE REAR OF TEDFORD PARK.

THERE IS THE ABILITY AND IT'S ACROSS THE STREET.

SO WHEN WE DID THE STRAIGHT LINE MEASUREMENT, IT'S MORE OR LESS ABOUT, LET'S SAY IF THE APPLICANT PLACED A SIGN IN THE MIDDLE THERE, IT'S GOING TO BE MORE THAN 150. IT'S GOING TO BE ABOUT 250 FEET, MAYBE EVEN 275.

SO WHEN WE TALK ABOUT ITS PROXIMITY TO RESIDENTIAL IN THIS PARTICULAR ON THIS PARTICULAR SIGN, IN THIS PARTICULAR AREA, IT WOULD BE ACROSS THE STREET FROM THE DEVELOPMENT AND THEN TO THE REAR OF TEDFORD PARK FACING ONLY THE SAWGRASS, NOT I-75.

THANK YOU. OKAY.

JUST VERY BRIEFLY, JUST TO BE VERY CLEAR, THE STRUCTURE THAT'S BEEN SET UP, I DON'T MEAN THE BILLBOARD STRUCTURE.

I MEAN THE STRUCTURE SET UP BY THE CITY WAS SPECIFICALLY DONE TO ALLEVIATE ANY CONCERNS A LOT OF FOLKS HAVE VOICED HERE TODAY.

WE DON'T BELIEVE THERE'S ANY RESIDENTIAL IMPACT AND ALSO REALIZES I THINK YOU DO ANYWAY.

FROM A LEGAL PERSPECTIVE, THE CITY SET IT UP THIS WAY AND THAT'S WHY THEY THEY SAID WE MUST DO A SPECIAL EXCEPTION ON THE BACK END WITH EACH SITE BEING

[00:40:10]

INDIVIDUALLY JUDGED.

WE DON'T NECESSARILY ANTICIPATE GETTING ALL THESE BOARDS, BUT THEY HAD TO SET IT UP THIS WAY.

THE CITY IN REFERENCE TO A LACK OF A BETTER TERM, A ZONE.

AND THEN WE HAVE TO MAKE APPLICATION UNDER THE SPECIAL EXCEPTION TO GET THESE.

IT'S NOT IT'S FAR, FAR, FAR FROM AN AUTOMATIC THING THAT THE MAJORITY OF THESE SITES ARE GOING TO HAPPEN OR ALL THESE SITES.

THIS IS SET UP SIMPLY STRUCTURALLY BY THE CITY TO ALLOW THIS TO BE, IN EFFECT, AVAILABLE.

AND THEN THE CITY AND SPECIFICALLY THE CITY COMMISSION THEN WILL DECIDE IF IT'S GRANTED AND FOR WHAT SITE.

THIS IS NOT SOME MASSIVE PROLIFERATION.

EXPECT EXPECTING SITUATION.

I JUST WANT TO BE CLEAR ABOUT THAT.

WE'RE FOLLOWING THE GUIDELINES THE CITY HAD PROMULGATED IN EFFECT.

AND IF I COULD, I JUST WANTED TO FINISH ADDRESSING MS..

WATSON'S CONCERN.

AND ONE MORE SIGN.

SO SHOWN IF YOU WILL, ON THE SCREEN, THE TINIEST RED SQUARE.

AND I'M GOING TO SEE IF I CAN GET THE POINTER TO GO THERE.

HERE, THIS IS A RECREATION AREA.

IT'S VACANT.

IT IS FENCED OFF.

IT BELONGS TO MAITLAND'S FIVE.

THE SIGN COULD POTENTIALLY BE PLACED HERE BECAUSE OF VICK'S PROXIMITY, THERE'S COMMERCIAL RIGHT HERE.

THIS IS A COMMERCIAL DEVELOPMENT RIGHT HERE.

THERE IS RESIDENTIAL ALONG HERE.

WHEN WE DID THE STRAIGHT LINE DISTANCE, THIS IS ABOUT 220 FEET AWAY FROM RESIDENTIAL.

AND AGAIN, THIS APPLICANT, THEY WERE AWARDED THIS SITE.

THEY WOULD ONLY BE PERMITTED A SINGLE SIGN PHASE.

SO THEY WOULD NOT BE ALLOWED A SIGNED FACE ON THE BACK OF THE SIGN THAT WOULD FACE RESIDENTIAL.

IT WOULD BE A SINGLE FACE SIGN THAT WOULD ONLY FACE FLORIDA'S TURNPIKE.

OKAY. THANKS.

ANY OTHER QUESTIONS FROM THE BOARD ON THE ITEM? NOT SEEING ANY ENTERTAIN A MOTION ON THE ITEM.

OKAY. I'LL MAKE THE MOTION.

THAT WOULD BE MOTION TO, SORRY I DON'T THINK WE HEARD THERE, A MOTION TO.

WHAT'S THE MOTION? I HOPE. I THINK YOU TURNED OFF YOUR MIC AGAIN.

I'M HAVING MICROPHONE PROBLEMS HERE, SO I'LL SAY IT AGAIN.

I WILL MAKE A MOTION TO ACCEPT THE PROPOSAL.

THAT'S A MOTION TO APPROVE THE ITEM.

IS THERE A SECOND? SECOND.

SECOND.

MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION PASSED 4 TO 0.

THANK YOU. THANK YOU, EVERYBODY.

NEXT ITEM IS ITEM 8 B ON THE AGENDA.

[8.b TR 13794 - A resolution of the City Commission of the City of Tamarac, Florida,approving the projects recommended for inclusion in the Fiscal Year 2022/2023Annual Action Plan for expenditure of the Community Development Block grantfunds estimated to be $443,462 for the twenty third program year, attached hereto as ]

THIS IS A TEMPORARY RESOLUTION 13794, WHICH IS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE PROJECTS RECOMMENDED FOR INCLUSION IN THE FISCAL YEAR 2022 2023.

ANNUAL ACTION PLAN FOR EXPENDITURE OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ESTIMATED TO BE $443,462 FOR THE 23RD PROGRAM YEAR.

ATTACHED HERE HERETO IS EXHIBIT A AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO SUBMIT SET ANNUAL ACTION PLAN AND RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AUTHORIZING THE MAYOR OR APPROPRIATE CITY OFFICIALS TO EXECUTE FISCAL YEAR 2022 2023.

ANNUAL ACTION PLAN. FEDERAL APPLICATION FOR FUNDING, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

STAFF.

[00:45:02]

GOOD MORNING, CAROLYN FRANCIS ROYER HOUSING AND COMMUNITY DEVELOPMENT MANAGER.

THE ANNUAL ACTION PLAN IS SUBMITTED TO HUD EVERY YEAR DURING THE FIVE YEAR CONSOLIDATED PLAN PROCESS.

A NEW CONSOLIDATED PLAN WAS SUBMITTED TO HUD IN 2020.

SO THIS IS THE THIRD YEAR THAT WE'RE SUBMITTING THE ACTION PLAN BASED ON THAT.

THE PLAN ALSO DESCRIBED SORRY.

THE PLAN DESCRIBES A SPECIFIC PLAN USES FOR HUD PROGRAMS AND PROGRAM REQUIREMENTS.

THE MAIN FUNDING SOURCE FOR THE ACTION PLAN IS THE COMMUNITY DEVELOPMENT BLOCK GRANT CDBG.

IT IS AUTHORIZED BY TITLE ONE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974.

THE PRIMARY OBJECTIVE IS TO DEVELOP VIABLE COMMUNITIES, AND VIABLE COMMUNITIES ARE ACHIEVED WHEN WE PROVIDE DECENT HOUSING, SUITABLE LIVING ENVIRONMENT AND EXPAND ECONOMIC OPPORTUNITIES.

THE REGULATIONS STIPULATE THAT GRANTEES MUST MEET THE CITIZEN PARTICIPATION REQUIREMENTS.

THE GRANTEES MUST HOLD A PUBLIC HEARING.

IS WHAT WE'RE DOING TODAY FOR CITIZENS TO PROVIDE FEEDBACK? A DRAFT PLAN IS PUBLISHED ON THE CITY'S WEBSITE AS OF TODAY THROUGH JULY 13TH, WHEN IT GOES TO CITY COMMISSION AND IT'S ALSO BEING ADVERTISED IN THE SUN-SENTINEL ON JUNE 12.

PUBLIC COMMENTS MUST BE CONSIDERED IN ORDER TO SUBMIT THE PLAN TO HUD.

THE PRIORITY NEEDS AND GOALS ARE IDENTIFIED IN THE CONSOLIDATED PLAN THAT I MENTIONED BEFORE, AND THOSE PRIORITY NEEDS WERE ASSESSED BY A SURVEY OF COMMUNITY STAKEHOLDERS AND RESIDENTS.

AND THOSE NEEDS ARE PUBLIC SERVICES TO IMPROVE QUALITY OF LIFE AND ALSO TO PRESERVE AND DEVELOP AFFORDABLE HOUSING.

OUR ALLOCATION FOR THIS YEAR.

THIS UPCOMING FISCAL YEAR IS 443,462.

20% OF THAT IS ASSESSED TO ADMIN, WHICH IS TO OVERSEE THE PROGRAM.

15% IS FOR PUBLIC SERVICES AND THE REMAINING IS FOR HOUSING REHABILITATION.

THAT PROGRAM IS USUALLY LEVERAGED WITH SCHIP FUNDS AND ALSO HOME FUNDS THAT WE RECEIVE FROM BROWARD COUNTY.

JUST TO EXPAND ON THE PUBLIC SERVICES.

IN THE PAST, WE FUNDED MEALS ON WHEELS, SOUTH FLORIDA THAT PROVIDES MEALS FOR SENIORS.

WE'VE ALSO FUNDED VOICES FOR CHILDREN OF BROWARD, AND THEY PROVIDE INTERVENTION SERVICES FOR YOUTH LIVING IN TAMARAC THAT ARE IN THE COURT SYSTEM.

AND WE'VE ALSO FUNDED A PROGRAM FOR BROADBAND ACCESS FOR STUDENTS THROUGH A PARTNERSHIP WITH T-MOBILE LAST YEAR.

THESE ARE ACTIVITIES MUST BENEFIT LOW AND MODERATE INCOME PERSONS AS REQUIRED BY THE REGULATIONS.

THE HOUSING REHABILITATION PROGRAM.

WE HAVE OUR APPLICATION PERIOD THAT OPENS IN AUGUST, ON AUGUST 15TH FOR THIS YEAR.

IT IS PUBLICLY ADVERTISED ON THE CITY'S WEBSITE.

AND LIKE I MENTIONED BEFORE, IT'S ALSO GOING TO BE IN THE SUN SENTINEL AND THE APPLICATION PROCESS IS ONLINE.

THAT CONCLUDES MY PRESENTATION.

SO THE COMMUNITY DEVELOPMENT DIRECTOR REQUESTS A FAVORABLE RECOMMENDATION FOR THE CITY COMMISSION ON JULY 13.

THANK YOU. I BELIEVE THIS IS.

EXCUSE ME FOR A SECOND.

OKAY. WE'LL OPEN THIS UP NOW TO THE PUBLIC HEARING.

IS THERE ANYBODY IN THE PUBLIC WHO WOULD LIKE TO COMMENT ON THIS ITEM? SEEING NONE.

THAT PUBLIC HEARING WILL BE CLOSED.

BRING IT TO THE BOARD THERE.

ANY BOARD MEMBERS HAVE ANY QUESTIONS FOR STAFF? OKAY, MEMBER WATSON? YES. CAN WE PLEASE GO BACK TO THIS SLIDE THAT SHOWS THE ADMINISTRATIVE AND THE PERCENTAGE OR ADMINISTRATION AND DIFFERENT.

[00:50:01]

WHEN YOU SAY PUBLIC SERVICES, 15% CAP, CAN YOU ELABORATE A LITTLE BIT ON THAT FOR ME? BECAUSE I'M NOT CLEAR. I'M TRYING TO DETERMINE BECAUSE THAT'S 35% OF THE FUNDS THAT'S GOING TO OTHER THAN WHAT IS INTENDED FOR.

SO I'M TRYING TO UNDERSTAND ADMINISTRATION.

I SORT OF UNDERSTAND WHAT THAT MIGHT BE.

BUT PUBLIC SERVICES, PUBLIC SERVICES LIKE IN THE OTHER SLIDE, LIKE SERVICES FOR SENIORS AND USING THE MIKE DOWN TO YOUR THANK YOU PUBLIC SERVICES OR SERVICES THAT WE PROVIDE FOR LOW AND MODERATE INCOME INDIVIDUALS LIKE SENIORS AND THE YOUTH PROGRAM THAT I MENTIONED THAT WE USUALLY FUND ON AN ANNUAL BASIS, THE 15% CAP IS REGULATORY.

THAT'S SET BY HUD, FOR 2020 AND 2021, THEY DID ALLOW A WAIVER OF THAT DUE TO THE PANDEMIC WHERE WE USED UP TO 22% OF THE ALLOCATION FOR PUBLIC SERVICES TO FEED SENIORS.

THANK YOU. OKAY.

I HAVE A QUESTION.

HOW MANY APPLICANTS DO YOU THINK THIS WILL ASSIST? FOR THE 288.

AS OF JULY 1ST, WE'RE RAISING THE MAXIMUM AWARD AMOUNT TO 60,000 DUE TO THE INCREASES IN CONSTRUCTION MATERIAL AND INFLATION.

SO FOR THAT, IT WILL ASSIST ABOUT SIX DEPENDING ON THE TOTAL OF THE PROJECT, ABOUT SIX FOLKS, BUT THAT IS LEVERAGED WITH SCHIP FUNDS AND HOME FUNDS THAT WE GET THROUGH THE CONSORTIUM WITH BROWARD COUNTY.

SO ANNUALLY WE WILL ASSIST BETWEEN 12 AND 15 FOLKS WITH REHAB.

DOES THE ADVERTISING ON THE WEBSITE, IS THAT EFFECTIVE? I MEAN, DOES THAT THE PEOPLE SEE IT AND KNOW THAT THE PROGRAM IS AVAILABLE? YES, BECAUSE WE ALSO DO THE EMAIL BLASTS FOR ALL THE FOLKS THAT ARE REGISTERED WITH THE CITY.

AND WE ALSO SHARE IT WITH OUR HOA'S.

AND THEY CAN SHARE IT WITH THEIR THEIR COMMUNITIES.

VERY GOOD, THAT'S ALL QUESTIONS I HAD ANY OTHER QUESTIONS FROM THE BOARD? IT'S NONE, OH WAIT MEMBER WATSON.

SORRY, I HAVE ONE MORE QUESTION.

I'M A LITTLE FAMILIAR WITH SOMEWHAT WITH THE PROGRAM BECAUSE AGAIN, I AM A REALTOR AND I HAVE CLIENTS THAT ARE COMING TO ME.

ONE OF THE ISSUE THAT WE RUN IN IS THAT IT REQUIRES THAT WHEREVER THEY ARE PURCHASING, THEY MUST HAVE PARTICULAR IN THE CONDO SITUATION, THEY MUST HAVE THE CONDOS MUST HAVE RESERVE.

AND MOST OF THE CONDOS, UNFORTUNATELY AROUND HERE IN THE CITY, THEY DON'T HAVE RESERVE.

IS THERE ANY PLAN TO CHANGE THAT? THAT IS NOT SOMETHING THAT THE HOUSING DIVISION HAS DIRECT IMPACT ON.

FOR OUR FIRST TIME HOMEBUYER PROGRAM, WE DO PROVIDE UP TO 60,000.

CDBG IS NOT DOES NOT FUND A FIRST TIME HOMEBUYER PROGRAM THAT'S FUNDED THROUGH OUR SCHIP AND OUR AFFORDABLE TRUST.

BUT AS FAR AS THE RESERVES, THAT IS SOMETHING THAT WE REALLY HAVE NO CONTROL OVER.

THE ONLY THING WE CAN DO TO ASSIST CLIENTS IS JUST TO PROVIDE THEM WITH THE MAXIMUM AWARD AMOUNT IF THEY QUALIFY FOR FOR THE PURCHASE. THANK YOU.

OKAY. NO OTHER QUESTIONS TO THE BOARD, BUT SOMEONE LIKE TO MAKE A MOTION ON THIS ITEM.

I MAKE A MOTION TO APPROVE.

OKAY. I'LL SECOND THAT.

I HAVE 2 SECONDS.

I DID. OKAY.

ERIC NAGY. YES.

VIOLA WATSON.

YES. DAVID LEVIN.

YES. RICHARD HUGHES.

YES. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION PASSED 4 TO 0.

OKAY. THANK YOU STAFF.

NEXT SECTION OF THE AGENDA IS SECTION NINE FOR QUASI JUDICIAL HEARINGS.

[9.a TR 13790 - A resolution of the City Commission of the City of Tamarac, Florida, granting site plan approval (major) with conditions to allow for the demolition of existing two-story 100,980 square foot office building and redevelopment of property for a new 200,147 square foot industrial warehouse building; for the subject property located at 5601 Hiatus Road, Tamarac, Florida (Case No. 13-SP-21); providing for conflicts; providing for severability; and providing for an effective date.]

ITEM 9A, THIS IS A [INAUDIBLE] RESOLUTION 13790, WHICH IS A RESOLUTION OF THE CITY COMMISSION, THE CITY OF TAMARAC, FLORIDA, GRANTING SITE PLAN APPROVAL MAJOR WITH CONDITIONS TO ALLOW FOR THE DEMOLITION OF EXISTING TWO STORY 100,980 SQUARE FOOT OFFICE BUILDING AND REDEVELOPMENT OF PROPERTY FOR A NEW 200,147 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING FOR THE SUBJECT PROPERTY LOCATED AT 5601 HIGHEST ROAD TAMARAC, FLORIDA

[00:55:01]

CASE NUMBER 13-SP-21 PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

STAFF.

ALL RIGHT, GOOD MORNING. FOR THE RECORD, I'M ROB JOHNSON, SENIOR PLANNER, COMMUNITY DEVELOPMENT DEPARTMENT.

DENNIS MEALY, ESQUIRE.

SORRY, JUST ONE POINT OF CLARIFICATION.

DO PEOPLE NEED TO BE SWORN IN FOR THIS? I'M SORRY. YES, THEY DO.

ANYONE WHO'S GOING TO PROVIDE ANY TESTIMONY CONCERNING EITHER THIS ITEM ON THE AGENDA OR THE NEXT ITEM, WHICH IS THE TRAPEZE MATTER, CAN YOU PLEASE RISE AND RAISE YOUR RIGHT HAND? DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? THE WITNESS HAS BEEN SWORN.

OKAY. THANK YOU. ALL RIGHTY.

THANK YOU.

ONCE AGAIN. FOR THE RECORD, I'M ROB JOHNSON, SENIOR PLANNER, COMMUNITY DEVELOPMENT DEPARTMENT.

DENNIS MEALEY, ESQUIRE FOR THE GREEN SPRUE MARTYR LLP DESIGNATION FOR THE PROPERTY OWNER HIATUS INDUSTRIAL VENTURE LLC IS REQUESTING SITE PLAN APPROVAL MAJOR TO ALLOW FOR THE DEMOLITION OF THE EXISTING TWO STORY 100,000 APPROXIMATELY SQUARE FOOT OFFICE BUILDING AND REDEVELOPMENT OF THE PROPERTY FOR A NEW APPROXIMATELY 200,000 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING.

THE DEVELOPED SUBJECT PROPERTY IS LOCATED AT 5601 NORTH HIATUS ROAD.

IT'S BOUNDED BY NORTH HIATUS ROAD TO THE EAST.

COMMERCIAL BOULEVARD TO THE SOUTH, AND THEN MADISON AVENUE TO THE WEST.

THE PROPERTY IS 12.55 NET ACRES IN SIZE HAS THE CITY OF TAMARAC FUTURE LAND USE DESIGNATION OF INDUSTRIAL AND A CURRENT ZONING CLASSIFICATION OF BP BUSINESS PARK.

ON SEPTEMBER, A LITTLE BIT OF BACKGROUND ON SEPTEMBER 27, 2000, THE CITY COMMISSION GRANTED NEW DEVELOPMENT SITE PLAN APPROVAL TO ALLOW FOR THE CONSTRUCTION OF A 100 APPROXIMATELY 100,000 SQUARE FOOT TWO STORY OFFICE BUILDING WITH ASSOCIATED PARKING, LANDSCAPING AND INFRASTRUCTURE IMPROVEMENTS. AND THE CERTIFICATE OF OCCUPANCY WAS ISSUED FOR THAT BUILDING ON NOVEMBER 16, 2001.

AND THAT'S THE BUILDING THAT'S THERE EXISTING TODAY.

THE OFFICE BUILDING WAS HOME TO THE CONVERGENCE CORPORATION, WHICH IS THE TELEMARKETING SALES BUSINESS UNTIL 2011. THE BUILDING WAS THEN VACANT FROM 20 EXCUSE ME UNTIL 2017.

THE BUILDING WAS THEN VACANT FROM 2017 TO UNTIL 2019, WHEN IT WAS OCCUPIED BY THE FEDERAL SERVICES ADMINISTRATION OFFICE THAT ASSISTED WITH THE 2020 US CENSUS AND THEN THE FEDERAL SERVICES ADMINISTRATIVE OFFICE THAT WAS REMOVED IN 2021. AND THE EXISTING BUILDING IS NOW CURRENTLY VACANT.

ON SEPTEMBER NINE, 2021, TO ALLOW FOR THE REDEVELOPMENT OF THE PROPERTY, THE CITY COMMISSION APPROVED ON SECOND READING A LARGE SCALE LAND USE PLANNING AMENDMENT, CHANGING THE FUTURE LAND USE DESIGNATION OF THE PROPERTY FROM COMMERCIAL TO INDUSTRIAL AND A REZONING FROM MUC MIXED USE CORRIDOR TO BP BUSINESS PARK.

THE INDUSTRIAL FUTURE LAND USE DESIGNATION AND BP ZONING CLASSIFICATION OF THE SUBJECT PROPERTY ALLOWS FOR THE PROPOSED INDUSTRIAL WAREHOUSE BUILDING.

AND THEN ADDITIONALLY, ON MARCH 15, 2022, THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS APPROVED THE PLAT NOTE AMENDMENT, CHANGING THE MAXIMUM USE ALLOWANCE FROM 100,000 SQUARE FOOT OF OFFICE USE TO 210,000 SQUARE FEET OF INDUSTRIAL USE ON THE SUBJECT PROPERTY.

THE APPROVED PLAT NOTE AMENDMENT ALSO ALLOWS FOR THE PROPOSED WAREHOUSE BUILDING.

THE APPLICANT IS REQUESTING SITE PLAN APPROVAL MAJOR TO ALLOW FOR THE DEMOLITION OF THE EXISTING TWO STORY 100,980 SQUARE FOOT OFFICE BUILDING AND REDEVELOPMENT OF PROPERTY FOR A NEW 200,147 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING.

A TOTAL BUILDING COVERAGE OF 36.6% IS PROPOSED WHERE A MAXIMUM BUILDING COVERAGE OF 60% IS PERMITTED, AND A TOTAL IMPERVIOUS AREA OF 69.7% IS PROPOSED WHERE A MAXIMUM TOTAL PERVIOUS AREA OF 70% IS PERMITTED.

ADDITIONALLY, THE PROPOSED INDUSTRIAL SHELL WAREHOUSE BUILDING EXCEEDS THE MAXIMUM SETBACKS OF THE BP ZONING DISTRICT.

[01:00:01]

THE PROPOSED DEVELOPMENT WILL PROVIDE A TWO WAY INTERIOR DRIVE AROUND THE BUILDING CONTAINING 211 PARKING SPACES.

THAT INCLUDES EIGHT ACCESSIBLE PARKING SPACES.

THE TWO WAY DRIVE IN THE REAR OF THE BUILDING IS ALSO PROVIDED TO SERVICE THE TRACTOR TRAILER TRUCK LOADING AREA, WHICH WILL CONTAIN 44 LOADING BAYS.

THERE'S ALSO TWO WASTE AND RECYCLING DUMPSTER ENCLOSURES THAT ARE PROVIDED ADJACENT TO THE REAR CORNERS OF THE BUILDING, AND THEY'LL BE SCREENED BY A SIX FOOT MASONRY, SMOOTH STUCCO WALL THAT'S GOING TO BE PAINTED GRAY IN COLOR.

ACCESS TO THE PROPERTY WILL BE PROVIDED BY THREE ACCESS POINTS THAT INCLUDE TWO INGRESS EGRESS ACCESS POINTS ON MADISON AVENUE ON THE WEST PORTION OF THE PROPERTY, AND ONE EGRESS ONLY IS AN EGRESS ONLY ACCESS POINT ON HIATUS ROAD.

THE SUBJECT PROPERTY ALSO CONTAINS AN EXISTING TWO WAY DRIVE IN THE NORTHEAST CORNER OF THE PROPERTY THAT CONNECTS TO SONNY'S ENTERPRISES.

AND I'LL SHOW YOU THAT CONNECTION THERE.

THIS CONNECTION TO SONNY ENTERPRISES PROVIDES A FULL EGRESS, INGRESS ACCESS TO HIATUS ROAD.

TRACTOR TRAILERS ACCESSING THE SUBJECT PROPERTY FROM THE SOUTH.

THEY'LL UTILIZE THE SOUTHERN INGRESS ACCESS POINT OF MADISON AVENUE AND TRACTOR TRAILER TRUCKS.

ACCESSING THE PROPERTY FROM THE NORTH WILL UTILIZE THE INGRESS EGRESS ACCESS POINT THAT IS LOCATED ON THE SONNY'S ENTERPRISES PROPERTY ON HIATUS ROAD.

TRACTOR TRAILER TRUCKS WILL THEN LEAVE THE PROPERTY BY UTILIZING THE SOUTHERN ACCESS POINT ON MADISON AVENUE AND HEADING SOUTH TO WEST COMMERCIAL BOULEVARD OR NORTH TO WEST MCNAB ROAD.

AND YOU CAN SEE THOSE ON YOUR GRAPHICS IN FRONT OF YOU.

THOSE ARE THE TRUCK MOVEMENTS.

A TRIP GENERATION STATEMENT WAS PREPARED BY DC ENGINEERS INC AND WAS SUBMITTED BY THE APPLICANT.

THE CHIP GENERATION STATEMENT ESTIMATED THE NUMBER OF TRIPS GENERATED BY THE PROPOSED DEVELOPMENT USING THE CHIP GENERATION EQUATIONS FROM THE INSTITUTE OF TRANSPORTATION ENGINEERS TRIP GENERATION MANUAL, THE 11TH EDITION, AND IT WAS ANALYZED FOR DAILY 4 A.M.

PEAK HOUR AND 4 P.M.

PEAK HOUR CONDITIONS FOR THE PROPOSED INDUSTRIAL WAREHOUSE BUILDING AND THE EXISTING OFFICE BUILDING.

SO IT COMPARED THE PROPOSED INDUSTRIAL OFFICE BUILDING IS EXPECTED TO PRODUCE 803 VEHICLE TRIPS PER DAY WITH 140 VEHICLE TRIPS OCCURRING IN THE AM PEAK HOUR.

THAT WOULD BE 123 ENTERING THE PROPERTY AND 17 EXITING.

AND THEN YOU HAVE 66 VEHICLE TRIPS, TRIPS IN THE PM PEAK HOUR WITH NINE ENTERING AND 57 EXITING.

AND THEN FOR THE EXISTING OFFICE BUILDING WILL THAT PRODUCES 1170 VEHICLE TRIPS PER DAY, WHICH IN THE AM PEAK HOUR IT'S 169 VEHICLE TRIPS WITH 149 ENTERING AND 20 EXITING.

AND THEN THE PM PEAK HOUR YOU HAVE 167 VEHICLE TRIPS WITH 28 ENTERING AND 139 EXITING.

SO BASED ON THE ANALYSIS WITHIN THE TRIP GENERATION STATEMENT, THE PROPOSED INDUSTRIAL PROPOSED WAREHOUSE BUILDING IS EXPECTED TO REDUCE THE NUMBER OF VEHICLE TRIPS PER DAY BY 367 TRIPS, WITH A REDUCTION OF 29 IN THE AM PEAK AND 101 IN THE PM PEAK HOURS.

THE TRIP GENERATION STATEMENT WAS REVIEWED BY TRAVEL TECH AND THEY CONCURRED WITH THE TRIP GENERATION ANALYSIS FOR THE PROPOSED FOR THE PREVIOUS LAND USE AS WELL AS THE PROPOSED INDUSTRIAL AND AGREED WITH THE DECREASE IN THE VEHICLE TRIPS GENERATED ON THE DAILY AND PEAK HOUR BASIS WHEN COMPARED TO THE PREVIOUS DEVELOPMENT.

THE PROPOSED WAREHOUSE DEVELOPMENT.

IT WILL PROVIDE AN OVERALL LANDSCAPE AREA OF 33.3% WHERE A MINIMUM LANDSCAPE AREA OF 30% IS REQUIRED.

IT WILL ALSO PROVIDE A LANDSCAPE INTERIOR LANDSCAPE AREA EQUAL TO 19% OF THE TOTAL VEHICULAR USE AREA WHERE 15% IS REQUIRED.

AND THEN YOU ALSO HAVE AN OUTDOOR GATHERING SPACE THAT'S EQUAL TO 2.3% OF THE NET SET AREA, SITE AREA WHERE A MINIMUM OF 2% IS REQUIRED. AND SO THE OUTDOOR GATHERING SPACE IS SHOWN.

IT'S ON THE WEST, NORTHWEST CORNER OF THE BUILDING AND IT FACES MADISON AVENUE.

AND IT'S GOING TO HAVE A LIGHTED BOLLARDS AND BENCHES AND SHADE TREES AND A SEAT WALL AND MOVABLE PICNIC TABLES WITHIN THAT SPACE.

THERE'S GOING TO BE 397 TREES CONSISTING OF 38 PALM TREES, 263 SHADE TREES, AND 78 SMALL TREES THAT WILL BE PLANTED OR EXISTING THROUGHOUT THE PROPERTY.

[01:05:03]

SHADE TREES WILL BE PLANTED AND METAL CANOPIES WILL BE INSTALLED ON THE FRONT AND SIDES OF THE BUILDING ADJACENT TO THE WALKWAY TO PROVIDE SHADING WHEN YOU'RE WALKING.

AND THEN ADDITIONALLY, THERE'S GOING TO BE 4869 SHRUBS THAT ARE PLANTED AS WELL.

AND THEN THE MAJORITY OF THE EXISTING SHADE TREES LOCATED ADJACENT TO MADISON AVENUE AND COMMERCIAL BOULEVARD AND HIATUS ROAD.

THIS IS COMMERCIAL BOULEVARD RIGHT HERE SHOWN IN YOUR SCREEN.

IT'S GOING TO REMAIN TO PRESERVE THAT EXISTING TREE CANOPY AND TO BUFFER THE SUBJECT PROPERTY FROM THE TRAFFIC WAY.

AND YOU CAN SEE THOSE EXISTING TREES RIGHT THERE ON THE SCREEN.

WE FELT THAT THAT WAS VERY IMPORTANT, THAT THEY THEY KEEP THAT EXISTING TREE CANOPY.

THE APPLICANT, THEY REQUESTED A APPROVAL OF AN ADMINISTRATIVE REDUCTION, THE WIDTH OF THE LANDSCAPE PEDESTRIAN ZONED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT.

YOU NEED A LANDSCAPE PEDESTRIAN ZONE ALONG THE LENGTH OF THE BUILDING WALLS THAT ARE THE PRIMARY FRONTAGE, THAT FACE AND ALSO THAT FACE OF VEHICULAR USE AREA.

AND THE APPLICANT HAS REQUESTED REDUCTION OF THE LANDSCAPE PEDESTRIAN ZONE WITH FOR THE LANDSCAPE ADJACENT TO THE PARKING AREAS IN THE FRONT AND THE WEST SIDE OF THE BUILDING.

THE INDUSTRIAL WAREHOUSE BUILDING IS PROVIDED AT 50 FEET IN HEIGHT TO THE TOP OF THE PARAPET, WHERE A MAXIMUM BUILDING HEIGHT OF 50 FEET IS PERMITTED.

SO THEY'RE AT THE MAXIMUM HEIGHT AND FEATURES.

IT'S GOING TO FEATURE A TILT UP CONCRETE WALL PAINTED WHITE AND GRAY AND COLOR AND A TEXT CODE FINISH.

IT'S GOING TO HAVE TINTED CLEAR GLASS STOREFRONT ENTRANCES THAT WILL BE PROVIDED FOR EACH BAY.

AND AND THE ENTRANCES WILL BE COVERED BY A PRE-ENGINEERED METAL GLASS CANOPY TO ALLOW FOR PROTECTION FROM THE PROTECTION FROM THE ELEMENTS AND THE WEATHER AS WELL.

AS SPAN GLASS WINDOWS LOCATED ABOVE THE CANOPIES, TINTED GLASS IMPACT RESISTANT WINDOWS ARE PROPOSED ALONG THE BUILDING FRONTAGES AND GALVANIZED STEEL OVERHEAD DOORS WITH LOUVER KNOCK OUT PANELS AND PRE-ENGINEERED MEDICAL METAL CANOPIES ARE PROPOSED IN THE REAR OF THE BUILDING IN THE LOADING AREA AND ALL ROOFTOP EQUIPMENT.

IT'S GOING TO BE SCREENED BY THE PARAPET WALL.

SO YOU'RE NOT GOING TO SEE ANY ROOFTOP EQUIPMENT.

THE ARCHITECTURAL AND ARCHITECTURAL REVIEW OF THE ELEVATIONS IS CONDUCTED BY THE CITY'S CONSULTANT CPZ ARCHITECTS IN AN EFFORT TO ENHANCE SUSTAINABILITY AND VISUAL APPEARANCE IN THE CITY.

THE ARCHITECTURAL CONSULTANT THEY REVIEWED, THEY CONFIRMED THAT ALL SITE AND BUILDING DESIGN REQUIREMENTS ARE SATISFIED.

AND THIS INCLUDES HIGH, HIGH QUALITY, ATTRACTIVE AND SUSTAINABLE DEVELOPMENT AND THE BUILDING DESIGN STANDARDS.

THOSE INCLUDE FOUR STANDARD, FOUR SIDED ARCHITECTURAL DESIGN, SHADED SIDEWALKS, SUSTAINABLE DESIGN, HORIZONTAL AND VERTICAL ARTICULATION, FACADE TRANSPARENCY AND PEDESTRIAN DESIGN, PRIMARY BUILDING, ENTRANCE AND AMENITY REQUIREMENTS.

THE LAND DEVELOPMENT CODE ALSO IDENTIFIES SITE PLAN APPROVALS STANDARDS TO BE DETERMINED BY THE CITY COMMISSION TO APPROVE THE REQUEST.

THE THREE SITE PLAN APPROVAL STANDARDS, THOSE ARE SHOWN RIGHT THERE ON THE SCREEN AND WITHIN THE IN YOUR OFFICE MEMORANDUM FOR THE PROJECT.

FOR THE ITEM, THERE RESPONSES TO EACH SITE PLAN APPROVAL STANDARD WITHIN THE MEMO AND IS THE OPINION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT THAT THE STANDARDS FOR THE SITE PLAN APPROVAL HAVE BEEN SATISFIED.

THIS ITEM SUPPORTS GOAL NUMBER FIVE, THE CITY'S 2040 STRATEGIC PLAN.

TAMARACK IS VIBRANT.

THE APPROVAL OF THE SITE PLAN MAJOR WILL ALLOW FOR THE REDEVELOPMENT OF THE SUBJECT PROPERTY, THEREFORE PROVIDING AN OPPORTUNITY TO REVITALIZE THE APPEARANCE AND IMAGE AND ATTRACTIVENESS OF THE COMMUNITY.

AND SO THE COMMUNITY DEVELOPMENT DIRECTOR.

SHE RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION FOR THE PROPOSED SITE PLAN APPROVAL MAJOR TO ALLOW FOR THE DEMOLITION OF THE EXISTING TWO STORY 100,980 SQUARE FOOT OFFICE BUILDING AND REDEVELOPMENT OF THE PROPERTY FOR A NEW 200,147 SQUARE FOOT INDUSTRIAL WAREHOUSE BUILDING TO THE CITY COMMISSION AT ITS JULY 13, 2022 MEETING WITH THE CONDITIONS OF APPROVAL OUTLINED IN THE MEMORANDUM.

AND THOSE ARE SHOWN IN THE SCREEN IN FRONT OF YOU.

AND THIS CONCLUDES STAFF PRESENTATION AND I WILL ACCEPT ANY QUESTIONS.

SARAH. ANYTHING FROM THE APPLICANT? YEAH, LET ME. BUT.

GOOD MORNING. I'M MALCOLM BUTTERS WITH BUTTERS, CONSTRUCTION AND DEVELOPMENT.

[01:10:01]

I'M ONE OF THE OWNERS AND YOU MIGHT RECOGNIZE MY FAMILY HAS BEEN DEVELOPING IN THE CITY FOR QUITE SOME TIME.

SO WE HAVE A VERY BRIEF PRESENTATION BECAUSE MR. JOHNSON DID A TREMENDOUS JOB.

THE SUBJECT PROPERTY AGAIN IN COMMERCIAL AND THE SAWGRASS.

LIKE MR. JOHNSON SAID, IT'S AN EMPTY BUILDING.

IT'S IT'S BEEN THAT WAY FOR A WHILE.

WE PURCHASED IT NOT KNOWING WHO OUR TENANT IS, BUT WE'RE VERY HAPPY TO ANNOUNCE THAT SONNY'S ENTERPRISES, WHICH IS THE BUILDING TO THE NORTH AND THEY ALSO OCCUPY THREE OR FOUR OTHER BUILDINGS IN THE PARK PARTIALLY IS PROBABLY GOING TO BE OUR TENANT.

MR. HAROLD STRASSER IS HERE FROM SONNY'S IF YOU NEED TO ASK ANY QUESTIONS.

BUT THEY'RE LOOKING TO OCCUPY THE ENTIRE BUILDING.

THEY MANUFACTURE CAR WASH EQUIPMENT.

I BELIEVE THEY'RE THE LARGEST MANUFACTURING EMPLOYER IN THE CITY OF TAMARAC, AND THEY'RE ALSO THE LARGEST CAR WASH EQUIPMENT MANUFACTURER IN THE COUNTRY. SO THIS PROPERTY, AGAIN, STRATEGICALLY, THE OFFICE BUILDING IS KIND OF FUNCTIONALLY OBSOLETE THESE DAYS WITH THE WORK AT HOME PROGRAM AND TECHNOLOGY, WHICH HAS REPLACED BASICALLY CALL CENTERS.

THIS BUILDING IS NOT A VIBRANT NOR REALLY A BENEFIT TO THE CITY BY CREATING A NEW LIGHT INDUSTRIAL BUILDING.

WE ARE ABLE TO HELP EXISTING CORPORATIONS IN THE CITY EXPAND.

AGAIN, THAT'S JUST ANOTHER CLOSE UP OF THE BUILDING MR. JOHNSON SHOWED YOU, THIS IS AN INDUSTRIAL BUILDING SIMILAR TO THE BUILDING WE JUST DID ON THE CORNER OF MCNAB ROAD AND HIATUS THAT RIGHT NOW I THINK AMAZON TAKES APART AND WE HAVE THREE OTHER COMPANIES, BUT IT'S A BEAUTIFUL NEW MODERN LIGHT INDUSTRIAL BUILDING.

ELEVATION. I BELIEVE WE HAVE SOME COLOR RENDERINGS.

THAT'S PROBABLY A BETTER REPRESENTATION.

YOU COULD SEE IT'S A NICE YOU KNOW, THERE'S SOME EARTH TONES, A LOT OF GLASS, VERY ATTRACTIVE DESIGN, A LOT OF LANDSCAPING.

LIKE MR. JOHNSON SAID, WE'RE WE'RE KEEPING ALL THE PERIMETER TREES THAT EXIST ALONG MADISON, HIATUS AND COMMERCIAL.

SO YOU'LL HAVE THAT SAME CANOPY ALONG THOSE MAJOR ARTERIES.

ANOTHER LOOK AT THE ELEVATION.

ANOTHER LOOK AT, I THINK, THAT PEDESTRIAN ZONE THAT WE HAVE ON THE WEST OF THE PROPERTY, THAT'S A CITY REQUIREMENT THAT'LL BE GOOD FOR THE EMPLOYEES.

AND JUST AGAIN, A LITTLE BIT ABOUT US.

YOU KNOW, WE'RE WE'RE BASED IN COCONUT CREEK.

WE'VE BEEN ONE OF THE MOST ACTIVE COMMERCIALS IN SOUTH FLORIDA.

WE'VE WON MANY, MANY AWARDS.

BUT PROBABLY MOST IMPORTANTLY, WE'VE PROBABLY DEVELOPED MORE BUILDINGS IN THIS SECTION SEVEN TO TAMARAC THAN ANY OTHER COMPANY.

MY DAD STARTED IT BACK IN THE EARLY NINETIES AND WE'VE CONTINUED THAT TRADITION.

AND SOME OF THE BUILDINGS YOU COULD SEE I CAN'T EVEN SEE THE TOP ONE, BUT THE TAMARACK BUSINESS CENTER, I THINK THAT'S THE ONE WE JUST DID ON HIATUS.

AND AND MCNABB THEN AGAIN, HAS AMAZON AND THREE OTHER COMPANIES.

AND THERE'S ANOTHER ONE, POMPANO, BUT FAIRLY REPRESENTATIVE OF THE QUALITY OF THE BUILDINGS THAT WERE THAT WE'VE DONE IN THE PAST.

AND AGAIN, YOU'VE DONE A LOT OF THEM.

ITW AND WE'VE WE HAD THIS SUN SENTINEL BUILDING HERE AND MANY OTHERS.

AND THAT'S IT, THANK YOU.

THANK YOU. BRING IT TO THE BOARD.

ARE THERE ANY QUESTIONS FOR STAFF OR THE APPLICANT FROM BOARD MEMBERS? SORRY. GO AHEAD.

YOU CERTAINLY CAN ASK ANY QUESTIONS THAT YOU HAVE OF THE STAFF AND THE APPLICANT.

BUT AT SOME POINT, YOU DO NEED TO OPEN UP THE PUBLIC HEARING FOR PUBLIC COMMENT IF THERE IS ANY.

OKAY, LET'S DO THAT.

LET'S OPEN IT UP TO ANY COMMENTS FROM THE PUBLIC ON THIS ITEM.

NOT SEEING ANY.

WE'LL BRING IT TO THE BOARD.

ANY QUESTIONS FOR STAFF FOR THE APPLICANT FROM THE BOARD MEMBERS? MEMBER WATSON.

YES, I NOTICED THAT IN THE PRESENTATION IT WAS SAID THAT IT'S GOING TO REDUCE THE PER DAY TRIPS IN TRAFFIC.

HOW IS THAT GOING TO DO THAT? WELL, THERE'S A NUMBER OF TRIPS THAT ARE ASSIGNED TO TO A PARTICULAR USE.

AND THE OFFICE BUILDING CREATES A GENERATES A, AS YOU CAN SEE, MORE TRAFFIC AND MORE TRIPS THAN THE INDUSTRIAL WAREHOUSE BUILDING.

AND SO THEN THEN THIS THE STUDY THAT WAS DONE BY DC ENGINEERS, THEIR TRAFFIC CONSULTANT WAS THEN REVIEWED BY OUR TRAFFIC CONSULTANTS TRAFFIC TECH, WHO THEN AGREED WITH THE NUMBERS THAT SAID IT WAS CORRECT THAT IT WOULD REDUCE THE VEHICLE TRIPS PER DAY BY BY BY APPROXIMATELY 367 VEHICLE TRIPS.

[01:15:10]

THANK YOU. COULD YOU GO, ROB COULD YOU GO TO THE GRAPHIC YOU HAD WITH THE TRUCKS ACCESSING THE SITE? YEAH THAT ONE. COULD JUST KIND OF WALK US THROUGH EACH PART OF THAT I WASN'T QUITE FOLLOWING THAT EACH ONE ON THE UPPER LEFT GRAPHIC THAT'S BEHIND THE BUILDING.

RIGHT. AND THEY'RE COMING IN OFF OF HIATUS.

IS THAT RIGHT? YEAH, IF I'M AT THE MICROPHONE.

HERE WE GO. THEY CAN'T, ROB THEY CAN'T SEE THE POINTERS TO JUST BE A LITTLE BIT MORE DESCRIPTIVE.

IF YOU COULD JUST SORT OF VERBALLY REFERENCE THE GRAPHICS, LIKE THE TOP LEFT.

TOP RIGHT. YEAH, I MEAN, TOP LEFT.

I THINK IT HAS IT COMING IN FROM THE SOUTH AND THEN PARKING AND LEAVING IN FROM THE FROM THE SONNY'S ENTERPRISE'S CONNECTION.

THE GRAPHIC AND THE TOP RIGHT HAS THEM COMING IN FROM THE SONNY'S ENTERPRISES CONNECTION, THEN GOING OUT EITHER TO THE NORTH OR TO THE SOUTH ON MADISON AVENUE.

AND THEN LIKEWISE, IT SHOWS THE BOTTOM GRAPHIC THEM COMING IN FROM THAT SONNY'S ENTERPRISE'S COMMERCIAL CONNECTION AND LEAVING FROM THAT CONNECTION, THE TWO ON THE UPPER PART OF THE SCREEN.

ISN'T THERE GOING TO BE AN OUTDOOR AMENITY ON THE WEST SIDE OF THE BUILDING THAT WOULD NOT ALLOW THAT MOVEMENT? I THOUGHT ONE OF THE GRAPHICS SHOWED THAT THEY'RE PROVIDING A SITTING AREA WITH SOME BENCHES AND WHATNOT.

YEAH, I THINK YOU'RE RIGHT.

SO THAT MOVEMENT WOULD NOT BE POSSIBLE THERE.

TO. YEAH.

BECAUSE THEY WOULD JUST LEAVE.

SO THIS IS ACTUALLY.

YEAH. THEY WOULD JUST LEAVE THROUGH HERE.

ACTUALLY, THEY WOULDN'T COME THROUGH THESE.

[INAUDIBLE] THESE FULL SIZED TRUCKS, I MEAN ARE THEY ANTICIPATING.

YEAH. YEAH, THEY'RE FULL SIZE.

YEAH. YEAH, 18 WHEELERS.

OKAY. YEAH. THEY'RE GOING TO HAVE TO REVISE THAT GRAPHIC FOR US.

BUT THEY WOULD BE. BUT THEY WOULD JUST EITHER THEY WOULD LEAVE THROUGH THE EXCUSE ME.

THROUGH THE CONNECTION.

HERE WE GO. THEY WOULD LEAVE THROUGH THE CONNECTION AT THE NORTH WEST CORNER THERE TO MADISON.

SO THEY WOULD JUST GO STRAIGHT THROUGH AND THEN EITHER TURN NORTH OR THEN EITHER GO HEAD NORTH OR SOUTH.

OKAY. THE ELEVATION SHOWN OF THE BUILDING.

I DIDN'T SEE ANY BUILDING SIGNAGE.

IS THAT COME LATER IN THE PROCESS THAT.

THOSE ARE ALL PERMITTED SEPARATELY.

OKAY. THE BUILDING SIGNAGE.

THAT WAS IT FOR ME.

ANY QUESTIONS? ANY OTHER QUESTIONS FROM THE BOARD? YES. YOU'RE SAYING THAT YOU YOU THINK THAT THE SONNY ENTERPRISE WILL BE YOUR LEASER, THAT WILL BE THE PERSON OCCUPYING.

YES, MA'AM. YEAH IF YOU WANT HAROLD STRASSER, IF YOU WANT.

HE'S HERE WITH SONNY'S TODAY.

IF YOU WANT, HE COULD FILL YOU IN ON WHAT THEIR PLANS ARE FOR THE BUILDING.

YES, IT'D BE GREAT.

OKAY. GOOD MORNING.

SO OUR PLAN WOULD BE TO TURN IT INTO A WAREHOUSE WHICH WOULD BE IN LINE WITH WHAT'S BEING PROPOSED.

THEY TALKED ABOUT TRAFFIC.

ONE OF THE QUESTIONS WAS YOU'D SEE FEWER BECAUSE YOU HAD A CALL CENTER THERE BEFORE AND THIS WOULD BE TRUCKS.

AND OBVIOUSLY YOU'RE NOT TURNING OVER TRUCKS THE WAY PEOPLE ARE FOR OUR CALL CENTER.

WHAT WHAT BECOMES OF THE EXISTING FACILITY? ARE YOU GOING TO KEEP THAT? OH, WE'RE KEEPING IT.

YEAH, WE'VE BEEN GROWING AND WE'RE VERY FORTUNATE AND VERY BLESSED TO BE IN THAT POSITION.

AND SO WE NEED ADDITIONAL SPACE AND I'M GRATEFUL FOR THAT.

VERY GOOD. EXCELLENT.

SO WHEN YOU SAY WAREHOUSING, YOU'LL BE WAREHOUSING THE SUPPLIES THAT YOU USE.

PRODUCTS, SO. SO PARTS AND THINGS LIKE THAT.

YEAH. OKAY.

SO. ANY OTHER QUESTIONS FOR THE APPLICANT OR STAFF? NOT SEEING ANY.

ANYBODY. LIKE I MAY MAKE A MOTION ON THE ITEM.

[01:20:04]

I MOVE WE ACCEPT THE PROPOSAL.

SECOND. RICHARD HUGHES.

YES. DAVID LEVIN.

YES. ERIC GNAGE.

YES. VIOLA WATSON.

YES. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION WITH CONDITIONS OUTLINED BY A STAFF PASS 4 TO 0.

THANK YOU, APPLE, KENT AND STAFF.

THANK YOU. NEXT ITEM ON THE AGENDA IS ITEM 9B, THIS IS TEMPORARY

[9.b TBO 53 - Trapeze – Members Only Management, LLC - Administrative Appeal; Proposed Location: 7707 W Commercial Boulevard, Tamarac, Florida, 33351; Property Folio Identification Number: 494109270010; Property Legal Description: Sutter Investment Company Plat 91-2 B Parcel A. Russell L. Cormican, Esq., designated agent for the business owner, Members Only Management, LLC, (the “Applicant”) filed an application with the City of Tamarac (“City”) Department of Community Development seeking an Administrative Appeal of an interpretation rendered by the Director of Community Development: Administrative appeal of Zoning Verification Request rendered by the Director of Community Development within the Zoning Verification Letter dated May 9, 2022 regarding the relocation of the Trapeze to 7707 W Commercial Boulevard.]

TBO 53 MEMBERS ONLY MANAGEMENT LLC ADMINISTRATIVE APPEAL PROPOSED LOCATIONS 7707 WEST COMMERCIAL BOULEVARD.

TAMARAC, FLORIDA 33351 PROPERTY FOLIO ID 494109270010.

PROPERTY LEGAL DESCRIPTION SUTTER INVESTMENT COMPANY PLAT 91-2B PARCEL A, RUSSELL L CORMACKIN, ESQUIRE DESIGNATED AGENT FOR THE BUSINESS OWNER, MEMBERS ONLY MANAGEMENT LLC.

THE APPLICANT FILED AN APPLICATION WITH THE CITY OF TAMARAC DEPARTMENT OF COMMUNITY DEVELOPMENT, SEEKING AN ADMINISTRATIVE APPEAL ON AN INTERPRETATION RENDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT.

ADMINISTRATIVE APPEAL OF ZONING VERIFICATION REQUEST RENDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT WITHIN THE ZONING VERIFICATION LETTER DATED MAY 9, 2022, REGARDING THE RELOCATION OF THE TRAPEZE TO 7707 WEST COMMERCIAL BOULEVARD.

MR. CHAIR, BEFORE WE PROCEED, JUST AS JUST TO KIND OF GIVE YOU ALL SOME BACKGROUND PERSPECTIVE, YOU ALL HEARD A ESSENTIALLY WHAT YOU'RE GOING TO HEAR AGAIN TODAY ONCE BEFORE.

HOWEVER, IT PERTAINED TO A DIFFERENT PIECE OF PROPERTY.

AND DURING THE PROCESS OF MOVING THE APPEAL FORWARD FROM THIS BODY ULTIMATELY TO THE CITY COMMISSION, THE LOCATION IN QUESTION WAS BECAME NO LONGER AVAILABLE.

AND THAT BECAME A SIGNIFICANT ISSUE FOR THE CITY BECAUSE OUR CODE REQUIRES US TO NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET OF THE LOCATION.

THAT'S THE SUBJECT OF THE APPEAL TO OBVIOUSLY GIVE THEM AN OPPORTUNITY TO APPEAR BEFORE IT AT THAT POINT IN TIME THE CITY COMMISSION.

WITH NO LOCATION IN QUESTION AVAILABLE.

THEN NOTICES COULDN'T BE SENT OUT AND WE WOULD ESSENTIALLY BE HAVING A HEARING FOR AND NOT GIVING THE POTENTIALLY AFFECTED PROPERTY OWNERS NOTICE OF WHAT WAS GOING ON BECAUSE WE DIDN'T KNOW WHAT PIECE OF PROPERTY WAS GOING TO BE THE SUBJECT OF THE APPEAL.

SO TRAPEZE AND ITS REPRESENTATIVES LOCATED AN ALTERNATE SITE AND IT'S NOW BACK FOR YOU BECAUSE IT IS A DIFFERENT SITE THAN WHAT YOU ORIGINALLY HEARD.

BUT I DON'T PRESUME TO SPEAK FOR THE APPLICANT'S REPRESENTATIVE, THEIR ATTORNEY.

FROM A PRACTICAL STANDPOINT, I'M ANTICIPATING THAT THE APPEAL IS GOING TO BE VIRTUALLY THE SAME AS WHAT YOU HEARD BEFORE, THE SAME ARGUMENTS, THE SAME ISSUES. AND WITH THAT BACKGROUND INFORMATION, ALLOW THE THE APPLICANT TO PROCEED.

THANKS, APPLICANT.

THANK YOU. GOOD MORNING TO MEMBERS OF THE BOARD, CITY ATTORNEY CITY STAFF.

MY NAME IS RUSSELL CORMACKIN AND I'M THE ATTORNEY FOR AND DESIGNATED AGENT FOR MEMBERS ONLY MANAGEMENT LLC DOING BUSINESS AS TRAPEZE.

THE CITY ATTORNEY VERY COGENTLY SUMMARIZED WHY I'M BACK HERE IN FRONT OF YOU AGAIN AFTER ONLY BEING HERE JUST A FEW WEEKS AGO.

I APOLOGIZE. A LOT OF WHAT I'M GOING TO BE TELLING YOU MAY BE REPETITIVE AND MAYBE STUFF YOU'VE HEARD NOT THAT LONG AGO.

I PROMISE YOU, THERE'S SOME NEW STUFF IN HERE.

BUT IN THE INTEREST OF MAKING A RECORD, I WOULD HAVE PREFERRED IT IF WE COULD HAVE JUST PICKED UP WHERE WE LEFT OFF WITH THE CITY COMMISSION.

BUT BECAUSE IT'S A NEW ADDRESS AND THERE'S NEW NOTIFICATION REQUIREMENTS, THE CITY REQUESTED THAT I RESTART THE ENTIRE PROCESS AGAIN, WHICH IS WHAT I'VE DONE.

WE'VE SENT IN A BRAND NEW ZONING VERIFICATION REQUEST.

THE CITY RESPONDED TO THAT IN THE MANNER CONSISTENT WITH THEIR PRIOR RESPONSE IN THE DEALING WITH THE OTHER ADDRESS.

AND NOW WE ARE HERE BEFORE YOU TO ASK YOU TO REVIEW THE THE RESPONSE PROVIDED BY THE CITY TO THAT

[01:25:01]

REQUEST. THE THE NEW LOCATION THAT MY CLIENT HAS IDENTIFIED NOW THAT THE PREVIOUS LOCATION HAS BEEN LEASED TO SOMEONE ELSE IS THE ADDRESS IS 7707 WEST COMMERCIAL BOULEVARD.

IT DIFFERS FROM THE PREVIOUS LOCATION IN A COUPLE OF RESPECTS THAT I THINK ARE RELEVANT.

FIRST OF ALL, IT'S A FREESTANDING BUILDING.

THIS TIME, IT'S A IT'S A FORMER SALVATION ARMY THRIFT SHOP THAT'S CLOSED.

IT'S VACANT AT THE PRESENT TIME.

BUT IT'S A FREESTANDING BUILDING.

IT'S NOT ATTACHED TO ANY NEIGHBORING BUSINESSES LIKE THE LAST ONE WAS.

IT'S GOT ITS OWN PARKING LOT.

IT DOESN'T SHARE A PARKING LOT WITH ANY OTHER BUSINESS.

AND THAT PARKING LOT SERVES AS A AS A BUFFER BETWEEN IT AND THE NEIGHBORING BUSINESSES.

ANOTHER KEY DIFFERENCE IS WHEN WE APPEAR BEFORE YOU WERE REQUIRED TO SEND OUT NOTICE BY MAIL TO EVERYONE THAT'S WITHIN 400 FEET OF THE ADDRESS.

AND LAST TIME THAT INCLUDED A LOT OF RESIDENTIAL PROPERTIES.

THE PRESENT LOCATION, THE ONE WE'RE TALKING ABOUT TODAY, DOES NOT HAVE ANY RESIDENTIAL PROPERTIES WITHIN 400 FEET.

THERE WERE NO NOTIFICATIONS THAT WENT OUT TO RESIDENTIAL PROPERTIES.

TO GIVE YOU AN IDEA, THE FIRST TIME WE WERE HERE, WE HAD TO SEND OUT OVER 300 PIECES OF MAIL.

THIS TIME WE SENT OUT ABOUT 30.

SO IT'S JUST BUSINESSES.

AND ACTUALLY HALF OF THE RADIUS FALLS OUTSIDE OF THE CITY OF TAMARAC BECAUSE THE BUSINESS IS ON THE COMMERCIAL BOULEVARD, WHICH IS THE CITY LIMIT.

I LOOKED AT THE MAP. IT LOOKS LIKE THE CLOSEST RESIDENTIAL AREA IS OVER 700 FEET AWAY FROM FROM THIS LOCATION.

SO. POINT OF ALL THAT BEING THAT THIS LOCATION WOULD APPEAR TO HAVE MUCH LESS IMPACT ON THE SURROUNDING AREA THAN THE LOCATION WE WERE TALKING ABOUT LAST TIME WE WERE HERE.

SO YOU MAY RECALL.

BUT WHAT THE CITY'S RESPONSE WAS TO MY REQUEST.

TRAPEZE, EVER SINCE THEY OPENED IN TAMARAC IN 2008 HAS BEEN PLACED IN A USED CLASSIFICATION CALLED DANCE HALL SOCIAL CLUB.

THAT'S WHAT THEY ARE TODAY.

THAT'S WHAT THEY ARE. THAT'S WHAT THEY WERE 14 YEARS AGO.

THE THE CITY REVISED ITS CODE IN 2018, AND ONE OF THOSE REVISIONS WAS THAT THEY ELIMINATED THAT USE CATEGORY.

THERE IS NO MORE DANCE HALL SOCIAL CLUB USE CATEGORY IN TAMARACK TRAPEZE GETS TO MAINTAIN THAT BECAUSE THEY WERE A PRIOR NONCONFORMING USE, BUT NOW THEY HAVE TO BE PLACED IN SOME OTHER CATEGORY IF THEY MOVE.

AND REALLY THE DISPUTE COMES DOWN TO MY POSITION IS THAT THEY SHOULD BE A CLUB OR LODGE PRIVATE IN THE CITY IS TRYING TO SAY THAT THEY SHOULD BE CLASSIFIED AS ADULT ENTERTAINMENT.

AND AGAIN, THEIR RESPONSE WAS THE SAME RESPONSE THAT WE WERE HERE TALKING ABOUT LAST TIME.

SO IN ORDER TO REALLY MAKE THIS DETERMINATION, IT'S IMPORTANT TO UNDERSTAND WHAT TRAPEZE IS AND HOW IT CONDUCTS ITS OPERATION.

TRAPEZE IS A MEMBERS ONLY CLUB.

IT'S A NOT FOR PROFIT CORPORATION.

AS I AS I MENTIONED BEFORE, IT'S BEEN IN EXISTENCE IN BROWARD COUNTY ACTUALLY FOR OVER 20 YEARS.

IT'S BEEN LOCATED WITHIN THE CITY OF TAMARAC FOR OVER 14 YEARS AT THIS POINT.

AND IT'S IN THAT TIME IT'S EARNED A REPUTATION AS ONE OF THE NATION'S LEADING CLUBS OF ITS TYPE.

PEOPLE TRAVEL FROM ALL OVER THE WORLD TO VISIT IT.

IT'S GOT A LOT OF NOTORIETY AND IN THAT AREA OF THOSE TYPES OF CLUBS.

THE AS I SAID, IT'S MEMBERS ONLY WHEN A PERSON GOES TO TRAPEZE, THEY'RE REQUIRED TO FILL OUT A MEMBERSHIP APPLICATION.

THEY'RE REQUIRED TO PAY A MEMBERSHIP FEE.

IF THE APPLICATION IS SATISFACTORY, THEY'RE GRANTED A TEMPORARY MEMBERSHIP WHICH ALLOWS THEM ACCESS TO THE CLUB ON THAT DAY, AND THEIR BEHAVIOR AND CONDUCT IS EVALUATED BY THE CLUB AT THAT TIME, AND IT'S DETERMINED WHETHER THEY WOULD BE ELIGIBLE FOR A PERMANENT MEMBERSHIP.

THERE'S SEPARATE MEMBERSHIP DUES AND NIGHTLY USER FEES THAT ARE CHARGED BY THE CLUB.

AND ONE OF THE IMPORTANT THINGS TO UNDERSTAND ABOUT TRAPEZE IS NOT A CLUB FOR EVERYONE.

IT'S NOT INTENDED FOR FOR ALL MEMBERS OF THE THE PUBLIC.

IT'S INTENDED FOR A A LIMITED AND SMALL SEGMENT OF THE COMMUNITY.

AND THAT SEGMENT OF THE COMMUNITY IS PERSONS THAT HAVE AN INTEREST IN CERTAIN ALTERNATIVE SEXUAL LIFESTYLES, MOST COMMONLY POLYAMOROUS LIFESTYLES.

THE MEMBERSHIP PROCESS THAT TRAPEZE EMPLOYS IS DESIGNED TO IDENTIFY PEOPLE THAT HAVE A BONA FIDE INTEREST IN THAT LIFESTYLE AND INCLUDE

[01:30:05]

ONLY THOSE PERSONS FOR MEMBERSHIP.

THAT'S THE PURPOSE OF THE CLUB.

THOSE ARE THE TYPES OF PEOPLE THAT THEY ARE SEEKING AS MEMBERS.

TRAPEZE HAS A BOARD OF MEMBERS.

IT CONDUCTS MEETINGS, THEY EVALUATE THE MEMBERSHIPS, THEY REVIEW THE ADMINISTRATION OF THE CLUB.

TRAPEZE IS IS OFTEN REFERRED TO AS A SWINGERS CLUB OR A LIFESTYLE CLUB, WHICH IS A DESIGNATION THAT THE CLUB DOESN'T SHY AWAY FROM.

BUT WHAT THEY DO SHY AWAY FROM AND DISTINGUISH THEMSELVES FROM IS A LOT OF THE NEGATIVE CONNOTATIONS THAT COME ALONG WITH THAT DESCRIPTION.

IF YOU LOOK AT THIS FIRST SLIDE I HAVE, IT SHOWS THE EXTERIOR OF TRAPEZE AT THEIR CURRENT LOCATION ON STATE ROAD SEVEN.

WHAT YOU'LL NOTICE IS THAT TRAPEZE PRESENTS A VERY NONDESCRIPT APPEARANCE.

THERE'S ONLY ONE SIGN ON THE EXTERIOR OF THE BUSINESS.

IT CONSISTS OF ONE WORD, THE NAME OF THE CLUB TRAPEZE.

THERE'S NOTHING, NO OTHER WORDING PROVIDED ON THE SIGNAGE.

THERE'S NO DESCRIPTIVE TEXTS, NO ADVERTISING, NO NEON LIGHTS, NO PICTURES, NO WINDOWS.

IT'S SIMPLY A BLANK CANVAS WITH A SIGN.

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

THEY PRESENT A VERY DISCREET EXTERIOR APPEARANCE FOR TWO PRIMARY REASONS, THE FIRST BEING BECAUSE OF THE NATURE OF THE CLUB.

THEY WANT TO HONOR THE PRIVACY OF THEIR MEMBERS.

AND IT'S ALSO TO OUT OF RESPECT FOR THE NEIGHBORING PROPERTY OWNERS AND COMMUNITY.

THEY DO EVERYTHING THEY CAN TO BLEND IN AND NOT STICK OUT FROM THE THE SURROUNDING AREA.

THEY'VE GOT NO HISTORY OF COMPLAINTS OR NUISANCE ISSUES AT THE CLUB, NO EXCESSIVE POLICE CALLS OR PARKING ISSUES OR CODE ISSUES.

AND THEY ONLY OPERATE IN EVENING HOURS.

THEY OPEN AT 8 P.M.

AT NIGHT, SO THEY'RE NOT OPEN DURING THE DAYTIME WHEN THERE MIGHT BE FAMILIES OR CHILDREN OUT AND AROUND.

SO THEY BASED ON THESE FACTORS AND THEIR APPEARANCE, THEY REALLY CREATE VERY, VERY LITTLE IMPACT ON THEIR SURROUNDING AREA.

ALL RIGHT. THE NEXT SLIDE I PUT UP HERE, IT SHOWS THE WHEN YOU ENTER THE CLUB, THIS IS WHAT YOU ENCOUNTER.

YOU ENTER ESSENTIALLY A RECEPTION AREA AND IT'S A SEPARATE ROOM FROM, YOU KNOW, APART FROM THE REST OF THE CLUB, IT'S SEPARATED BY WALLS AND A DOOR.

SO WHEN YOU WALK IN HERE, YOU'RE YOU DON'T EVEN SEE THE REST OF THE CLUB.

ALL YOU SEE IS THIS RECEPTION AREA.

AND EVERY PERSON THAT COMES IN IS REQUIRED TO PRESENT A PHOTO ID.

AND AS I SAID EARLIER, THEY'RE REQUIRED TO COMPLETE AN APPLICATION, AND THAT'S DONE ELECTRONICALLY USING MONITORS.

AND THAT APPLICATION NOT ONLY REQUESTS INFORMATION FROM THE POTENTIAL MEMBER, BUT ALSO EXPLAINS THE RULES AND REGULATIONS AS THE CLUB EXPLAINS THE NATURE OF THE CLUB, EXPLAINS THE RULES OF CONDUCT THAT NO DRUG USE OR POSSESSION IS IS PERMITTED, NO ACTS OF PROSTITUTION ARE PERMITTED.

AND IT MAKES VERY CLEAR WHAT THE NATURE OF THE CLUB IS.

ADDITIONALLY, ON THE DOOR THAT SEPARATES THIS AREA FROM THE REST OF THE CLUB IS A SIGN THAT EXPLAINS THE NATURE OF THE CLUB AND THE TYPE OF CONDUCT THAT MAY BE OBSERVED THEREIN NOBODY AND ENDS UP IN TRAPEZE BY ACCIDENT.

IT'S MADE VERY CLEAR TO EVERYONE AT THIS EARLY STAGE WHAT TYPE OF CLUB THIS IS AND WHAT TYPE OF ACTIVITY THEY MAY ENCOUNTER INSIDE THE CLUB.

ALL RIGHT. SO NOW I PUT UP A SLIDE THAT'S A COLLAGE OF PHOTOS OF THE INTERIOR OF THE CLUB.

ONCE YOU GO PAST THE RECEPTION AREA, YOU ENTER WHAT I LIKE TO CALL THE LOUNGE AREA OF THE CLUB, WHICH IS IT'S AN UPSCALE LOUNGE ATMOSPHERE.

IT'S GOT TASTEFUL FURNISHINGS AND DECOR.

IT'S KEPT CLEAN AND WELL MAINTAINED.

AS YOU CAN SEE, THERE'S PLACES TO SIT AND MINGLE AND INTERACT AND TALK FOR THE MEMBERS.

THERE'S ALSO A DANCE FLOOR, WHICH IS PICTURE AT THE BOTTOM RIGHT OF THAT COLLAGE.

THE CLUB DOES HAVE A DJ THAT PLAYS MUSIC, BUT THERE'S NO OTHER LIVE ENTERTAINMENT PROVIDED BY THE CLUB.

THERE ARE NO DANCERS OR MODELS APPEARING IN THE CLUB.

IT IS JUST A DJ.

AND THEN THE REST OF THE PEOPLE IN THERE ARE THE THE ACTUAL MEMBERS OF THE CLUB.

THE CLUB DOES IMPOSE A STRICT DRESS CODE.

NO SNEAKERS, SHORTS, CAPS, T SHIRTS OR SPORTS ATTIRE ARE PERMITTED.

THE MEMBERS ARE DIRECTED TO DRESS, TO IMPRESS.

THE IDEA IS THAT THIS IS AN UPSCALE ESTABLISHMENT.

AND THEY DON'T WANT PEOPLE DRESSED, THEY WANT PEOPLE TO ADDRESS ACCORDINGLY.

THIS NEXT SLIDE SHOWS THE SOME OF THE FOOD AND BEVERAGES AVAILABLE AT THE CLUB.

[01:35:06]

NO ALCOHOL IS SOLD OR OFFERED BY TRAPEZE.

THE MEMBERS ARE PERMITTED TO BRING A BOTTLE OF ALCOHOL ON THEIR OWN.

BUT IF THEY DO THAT, THE BOTTLE IS MARKED WITH A NUMBER THAT CORRESPONDS TO THE MEMBER'S ID AND IS ONLY AVAILABLE TO THAT MEMBER AND NO OTHER PERSON.

THE CLUB DOES PROVIDE NON ALCOHOLIC DRINKS AND MIXERS.

THEY ALSO PROVIDE A VERY HIGH QUALITY BUFFET.

TRAPEZE HAS A FULL KITCHEN AND THEY ARE VERY PROUD OF THEIR FOOD SERVICE, WHICH IS VERY POPULAR WITH THEIR MEMBERSHIP, TYPICALLY CONSISTS OF TWO MEALS NIGHTLY, A DINNER AND THEN A BREAKFAST SERVING LATER IN THE EVENING.

THE THE BUFFET AND THE THE NONALCOHOLIC DRINKS ARE ALL INCLUDED IN THE NIGHTLY USER FEE THAT MEMBERS PAY EACH TIME THEY USE THE CLUB.

THAT IS SEPARATE AND APART FROM THE MEMBERSHIP DUES THAT ARE PAID ON A ON A MONTHLY OR ANNUAL BASIS BY THE MEMBERS.

NOW THE NEXT AREA IS IS WHAT I WILL REFER TO AS THE SWING AREA OF THE CLUB.

THE THERE'S NO REQUIREMENT THAT ANYONE THAT GOES TO TRAPEZE EVER GO BEYOND THE LOUNGE AREA, WHICH IS WHAT I JUST SHOWED YOU.

AND SOME PEOPLE DON'T.

SOME PEOPLE CHOOSE TO JUST REMAIN THERE.

THEY ENJOY THE UNIQUE AMBIANCE OF THE CLUB.

OR MAYBE THEY ELECT TO MEET PEOPLE THERE AND THEN INTERACT WITH THEM PRIVATELY OUTSIDE OF THE CLUB.

BUT FOR MEMBERS THAT CHOOSE TO USE IT, THERE IS IS WHAT WE CALL THE SWING AREA OF THE CLUB.

NOW, THIS IS A TOTALLY SEPARATE AREA OF THE CLUB.

IT'S SEPARATED BY INTERIOR WALLS FROM THE LOUNGE AREA.

IT'S NOT VISIBLE FROM THE LOUNGE AREA OF THE CLUB.

IN ORDER TO GET THERE, YOU HAVE TO PROCEED TO A SEPARATE AREA THAT'S NOT VIEWABLE BETWEEN THE LOUNGE AREA AND THE SWING AREA OF THE CLUB.

THERE'S A RECEPTION DESK THAT YOU CAN SEE IN THE UPPER LEFT OF THAT COLLAGE.

THERE'S AN ATTENDANT THERE THAT GIVES MEMBERS ACCESS TO A LOCKER.

THEN YOU CAN SEE IN THE UPPER RIGHT THERE'S A LOCKER ROOM.

THOSE ARE BETWEEN THE THE LOUNGE AREA OF THE CLUB AND THE SWING AREA OF THE CLUB.

THE MEMBERS CAN SECURE THEIR CLOTHES IN THE LOCKER ROOM.

YOU CAN SEE THERE'S TOWELS OUTFITTED IN ALL THE LOCKERS.

THEY'RE PROVIDED WITH TOWELS TO COVER THEMSELVES WHILE THEY'RE IN THE THE SWING AREA OF THE CLUB.

NOW, THE SWING AREA CONSISTS OF VARIOUS DIFFERENT ROOMS OF DIFFERENT SIZES.

SOME OF THEM ARE IN THE OPEN.

SOME OF THEM HAVE DOORS AND ARE PRIVATE.

THAT CAN BE CLOSED AND THE MEMBERS ARE PERMITTED TO ENGAGE IN CONSENSUAL SEXUAL ACTIVITY WITH ONE ANOTHER INSIDE THE SWING AREA OF THE CLUB.

NO EMPLOYEES OF TRAPEZE ARE INVOLVED IN THAT.

IN FACT, THEY ARE STRICTLY PROHIBITED FROM HAVING ANY CONTACT WITH ANY MEMBERS INSIDE THE CLUB OR OUTSIDE THE CLUB, AND THAT ANY CONTACT LIKE THAT IS GROUNDS FOR IMMEDIATE TERMINATION BY THE CLUB.

THE CLUB DOES NOT PROVIDE MODELS OR INDIVIDUALS FOR PEOPLE TO HAVE ENCOUNTERS WITH INSIDE THE SWING AREA OF THE CLUB.

ANY SEXUAL ACTIVITY THAT OCCURS THERE IS BETWEEN THE MEMBERS ONLY.

IT'S NONCOMMERCIAL IN NATURE.

MEANING NO MONEY CHANGES HANDS.

IT'S CONSENSUAL.

MEANING THAT EVERYONE AGREES TO IT AND IT'S VOLUNTARY.

IT'S NOT REQUIRED. THERE'S NO REQUIREMENT THAT ANYONE EVER EVEN ENTER THIS AREA OF THE CLUB, OR IF THEY DO, THEY'RE NOT REQUIRED TO ENGAGE IN ANY KIND OF CONDUCT THAT THEY DON'T WISH TO ENGAGE IN.

THE SWING AREA OF THE CLUB IS WELL MAINTAINED.

IT'S KEPT VERY CLEAN BY THE STAFF OF THE CLUB.

ALL RIGHT. NOW, WHO WHO? WHO ARE THE MEMBERS OF TRAPEZE? THAT'S THE THE NEXT THING I WANT TO TALK ABOUT, THE ANSWER IS THAT THEY'RE OVERWHELMINGLY MARRIED OR ATTACHED COUPLES.

IF YOU LOOK AT A SAMPLING OF TRAPEZE ATTENDANCE FROM MARCH 2021 TO MARCH 2022, YOU'LL SEE THAT 93% OF THE PEOPLE VISITING ARE COUPLES, LESS THAN 10% SINGLE PEOPLE.

OF THOSE SINGLE PEOPLE, IT'S 6.4% MALE AND LESS THAN 1% SINGLE FEMALE.

IT'S A CLUB THAT'S DESIGNED FOR COUPLES.

THAT'S WHAT THIS PLACE IS INTENDED TO SERVE.

IN FACT, ON SATURDAYS, WHICH IS THE BUSIEST DAY THAT THE CLUB IS OPEN, NO SINGLE MEN ARE EVEN PERMITTED IN THE CLUB.

IT'S COUPLES ONLY ON THAT DAY.

THE FEE STRUCTURE THAT THE CLUB HAS ALSO HEAVILY FAVORED FAVORS COUPLES OVER SINGLES, PARTICULARLY SINGLE MEN WHO ARE THE MEMBERSHIPS ARE MUCH MORE EXPENSIVE FOR SINGLE MEN THAN THEY ARE FOR COUPLES.

AND THE RESULT IS THAT IT'S IT'S ALMOST ALL COUPLES.

THAT'S WHO GOES TO TRAPEZE.

THE AGE RANGE OF PEOPLE WHO GO TO TRAPEZE ARE IS TYPICALLY BETWEEN 30 AND 50 YEARS OF AGE.

[01:40:04]

THEY DON'T GET A YOUNG CROWD.

IT'S NOT GENERALLY PEOPLE IN THEIR TWENTIES.

AS A RESULT, THEY TEND TO BE WELL MANNERED, WELL BEHAVED PEOPLE.

YOU KNOW, THE STEREOTYPICAL MEMBER OF THE CLUB IS IS A MIDDLE AGED MARRIED COUPLE THAT'S LOOKING TO SPICE UP THEIR RELATIONSHIP BY BY JOINING A CLUB LIKE TRAPEZE. THE MEMBERS ALSO TEND TO HAVE DISPOSABLE INCOME.

IT'S NOT AN INEXPENSIVE CLUB TO JOIN.

AS I SAID BEFORE, THERE'S THE PAYMENT OF MEMBERSHIP DUES AS WELL AS NIGHTLY USER FEES.

THE MEMBERSHIPS CAN COST HUNDREDS OR EVEN THOUSANDS OF DOLLARS, DEPENDING ON WHAT LEVEL MEMBERSHIP IS BEING PURCHASED.

SO AGAIN, LIKE THE DRESS CODE AND THE WAY THE CLUB IS CONSTRUCTED, THIS ALL CREATES A MORE UPSCALE EXPERIENCE.

THIS IS NOT A SLEAZY OR A SEEMLY TYPE OF PLACE.

UNSEEMLY, I MEANT TO SAY.

ALL RIGHT. SO THAT BRINGS US TO TO THE ISSUE THAT WE'RE HERE TO ADDRESS.

AND ESSENTIALLY, IT IS WHAT BOX DOES TRAPEZE GO IN AT THIS POINT? NOW, ON THE SCREEN HERE, I'VE GOT THREE BOXES.

AND THOSE ARE THOSE ARE THE ONES THAT ARE ESSENTIALLY IN PLAY IN OUR DISCUSSION WITH THE CITY FROM 2008 TO 2018, 2008 BEING WHEN TRAPEZE FIRST OPENED, IN 2018 BEING WHEN THE CITY CHANGED ITS CODE.

TRAPEZE WAS PLACED IN THE USE CATEGORY OF DANCE HALL SOCIAL CLUB.

AND THAT'S WHERE IT'S REMAINED EVER SINCE.

IT WAS NOT PLACED INTO ADULT ENTERTAINMENT.

THE ADULT ENTERTAINMENT ORDINANCE AND USE EXISTED AT THAT TIME.

IN FACT, IT HAS EXISTED IN ALMOST THE IDENTICAL FORM IT IS IN TODAY SINCE 1975.

SO IN 2018, THE CITY CHANGED THEIR MADE SOME CHANGES TO THEIR LAND DEVELOPMENT CODE.

AND ONE OF THOSE CHANGES WAS THAT THEY ELIMINATED DANCE HALL SOCIAL CLUB AS A USE CATEGORY.

SO THAT DOESN'T EXIST ANYMORE.

THAT'S WHY IT'S GOT AN X ON IT ON THAT SLIDE.

BUT TRAPEZE IS STILL CLASSIFIED UNDER THAT USE AT THEIR STATE ROAD SEVEN LOCATION.

THEY'RE WHAT'S CALLED A LEGAL NONCONFORMING USE, MEANING? WELL, THEY WERE DANCE ALL SOCIAL CLUB BEFORE WE CHANGE THE CODE SO THEY GET TO STAY ONE AFTER WE CHANGE THE CODE.

IT'S WHAT'S COMMONLY REFERRED TO AS BEING GRANDFATHERED IN.

SO SO AS WE SIT HERE TODAY, THAT'S STILL THEIR USE CATEGORY FOR THEIR BUSINESS TAX CATEGORY.

WHAT WHAT WHEN YOU'RE DEALING WITH THE GRANDFATHER CLAUSE, IT'S ATTACHES TO THE PROPERTY YOU'RE AT.

IT DOESN'T YOU CAN'T TAKE IT WITH YOU IF YOU MOVE SOMEWHERE, IF YOU EXPAND.

SO THAT'S THE ISSUE WE'RE FACING TODAY IF TRAPEZE MOVES, WHICH IS WHAT WE'RE TALKING ABOUT DOING.

THEN WE END UP IN THIS SITUATION.

WELL, THEY CAN'T BE IN DANCE HALL, SOCIAL CLUB ANYMORE BECAUSE THAT'S NOT AN OPTION ON THE TABLE.

THEY'VE GOT TO GO INTO ONE OF THESE OR TWO OTHER BOXES HERE.

I SAY THAT THEY ARE A CLUB OR LODGE PRIVATE.

THE CITY IN ITS RESPONSE TO MY ZONING VERIFICATION REQUESTS SAY THEY GO INTO ADULT ENTERTAINMENT AS WHAT'S CALLED AN ENCOUNTER STUDIO.

ALL RIGHT. SO WHAT IS A CLUB OR LODGE PRIVATE? WELL, IN 2018, THE CODE WAS CHANGED TO PROVIDE A DEFINITION OF THAT.

AND THE DEFINITION IS UP HERE ON THE SCREEN RIGHT NOW.

AND ESSENTIALLY THERE'S THREE PARTS TO THIS DEFINITION THREE SENTENCES.

THE FIRST SENTENCE DESCRIBES THE CHARACTERISTICS OF WHAT A CLUB OR LODGE PRIVATE IS.

IT'S THE DEFINITIONAL PART OF THE DEFINITION.

THE SECOND SENTENCE PROVIDES EXAMPLES OF WHAT WOULD BE INCLUDED IN THAT DEFINITION.

AND THEN THE THIRD SENTENCE PROVIDES SOME THINGS THAT ARE NOT INCLUDED.

SO IF YOU LOOK AT THE DEFINITION, THE FIRST SENTENCE.

TRAPEZE MEETS ALL THE CHARACTERISTICS THAT ARE PROVIDED.

FIRST OF ALL, IT'S A NON RESIDENTIAL ORGANIZATION.

NOBODY RESIDES AT OR LIVES AT TRAPEZE.

IT EXISTS FOR A SPECIAL PURPOSE RELATED TO COMMON GOALS AND INTERESTS OR ACTIVITIES.

AS I'VE EXPLAINED, IT'S SPECIFICALLY DESIGNED TO SERVE PRIMARILY COUPLES THAT ARE INTERESTED IN ALTERNATIVE SEXUAL LIFESTYLES AND POLYAMOROUS LIFESTYLES. IT EMPLOYS MEMBERSHIP QUALIFICATIONS, COLLECTS DUES, HAS BOARD MEETINGS.

ALL OF THESE BOXES THAT ARE PROVIDED IN THAT FIRST SENTENCE ARE TICKED BY TRAPEZE.

THEY FIT FITS LIKE A GLOVE.

SO WHY HASN'T THE CITY ELECTED TO CLASSIFY TRAPEZE AS A CLUB OR LODGE?

[01:45:02]

WELL, WHAT THE CITY'S RESPONSE SAYS CAN BE FOUND IN THAT THIRD SENTENCE, WHERE THE DEFINITION SAYS IT SHALL NOT INCLUDE SOCIAL MEMBERSHIP CLUBS. THE CITY TAKES THE POSITION THAT TRAPEZE CONSTITUTES A SOCIAL MEMBERSHIP CLUB AND THEREFORE IS EXCLUDED FROM THIS DEFINITION.

THE PROBLEM WITH THAT IS THAT THE CODE DOESN'T REALLY TELL US WHAT A SOCIAL MEMBERSHIP CLUB IS.

THERE'S NO DEFINITION OF THAT TERM PROVIDED IN THE CODE.

AND MORE IMPORTANT THAN THAT IS IT DOESN'T EXPLAIN THE DISTINCTION BETWEEN A SOCIAL MEMBERSHIP CLUB AND THE TYPES OF CLUBS THAT ARE INCLUDED IN THIS DEFINITION. THAT'S THAT'S THE REAL PROBLEM WITH THIS THIS DEFINITION.

BECAUSE IF YOU LOOK, IT SAYS IT INCLUDES THE EXAMPLES IT GIVES AND IT'S NOT EXCLUSIVE.

IT DOESN'T MEAN THOSE ARE THE ONLY ONES IT EXCLUDES.

THOSE ARE INCLUDES THOSE ARE JUST EXAMPLES.

FRATERNAL LODGE AND SINGING SOCIETY.

WHAT IS A FRATERNAL LODGE? IT'S A PLACE LIKE THE KIWANIS CLUB OR MOOSE CLUB OR THE ROTARY CLUB, SOMETHING LIKE THAT.

BUT THAT'S A CLUB.

THAT CLUB HAS MEMBERS AND THE MEMBERS USE THAT CLUB TO SOCIALIZE WITH EACH OTHER.

SO HOW IS IT NOT A SOCIAL MEMBERSHIP CLUB? WHAT'S THE DIFFERENCE? A SINGING SOCIETY IS THE SAME THING.

IT'S A CLUB THAT HAS MEMBERS THAT GET TOGETHER BECAUSE THEY SHARE AN INTEREST IN MUSIC AND THEY SOCIALIZE AT THESE MEETINGS.

SO HOW IS A SINGING SOCIETY NOT A SOCIAL MEMBERSHIP CLUB? THAT'S THE DEFECT IN THIS IN THIS DEFINITION THAT I BELIEVE RENDERS IT TO BE VAGUE AND CONFUSING AND CONTRADICTORY, INTERNALLY CONTRADICTORY.

IN MY RESEARCH FOR PREPARING THIS PRESENTATION, I WAS ABLE TO FIND SOMETHING INTERESTING.

I FOUND THAT THERE'S TWO OTHER MUNICIPALITIES IN THE UNITED STATES THAT USE THE IDENTICAL LANGUAGE EMPLOYED BY THE CITY OF TAMARAC IN DEFINING A CLUB OR LODGE PRIVATE.

THOSE ARE MARION COUNTY, INDIANA, WHICH I BELIEVE IS WHERE INDIANAPOLIS IS, AND CARBONDALE, COLORADO.

NOW, ALL OF THESE CITIES ARE MORE THAN 1000 MILES AWAY FROM EACH OTHER, BUT SOMEHOW THEY ALL ENDED UP WITH THE SAME EXACT WORDS IN THIS DEFINITION.

SO IT WOULD LEAD YOU TO BELIEVE THAT THAT THEY PROBABLY CAME FROM THE SAME ORIGINAL SOURCE.

I HAVEN'T BEEN ABLE TO TRACK DOWN THAT WHAT THE ORIGINAL SOURCE IS YET.

BUT I MEAN, IT WOULD BE IT WOULD BE, YOU KNOW, CRAZY TO THINK THAT THEY WOULD ALL COME UP WITH THE SAME DEFINITION ON THEIR OWN.

THERE'S ONE KEY DISTINCTION BETWEEN THEM, THOUGH, IF YOU LOOK AT THE ONES IN COLORADO AND INDIANA.

THEY INCLUDE SOCIAL MEMBERSHIP CLUBS IN THE SECOND SENTENCE AS BEING THE TYPE OF BUSINESS THAT'S INTENDED TO BE INCLUDED IN THIS DEFINITION.

AND TAMARAC SOMEHOW THAT GOT MOVED TO THE THE OPPOSITE PART OF THE DEFINITION, THE THIRD SENTENCE THAT EXCLUDES BUSINESSES.

SO I THINK THE INESCAPABLE CONCLUSION IS THAT WHOEVER WROTE THIS TO BEGIN WITH INTENDED THAT THAT DEFINITION, IN SENTENCE ONE, APPLY TO THE SOCIAL MEMBERSHIP CLUBS.

AND THEY PROVIDED TWO MORE EXAMPLES OF THINGS THAT ARE SOCIAL MEMBERSHIP CLUBS.

SOMEHOW, AND I HAVEN'T FIGURED THIS OUT YET, AND I INTEND TO.

AT SOME POINT TAMARACK CHOPPED OUT SOCIAL MEMBERSHIP CLUBS FROM THE INCLUDED AND PUT IT IN THE EXCLUDED.

AND WHAT I THINK THE RESULT OF THAT IS, IS YOU END UP WITH A VAGUE DEFINITION THAT CAN'T PROPERLY BE APPLIED.

AND I THINK THAT THE THE DEFINITION IS IN FACT RISES TO THE LEVEL OF BEING UNCONSTITUTIONALLY VAGUE.

AND THE PROBLEM WITH VAGUE LAWS, THERE'S TWO PRIMARY PROBLEMS. THE FIRST ONE IS THEY DON'T PUT THE PUBLIC ON NOTICE OF WHAT'S ALLOWED OR NOT ALLOWED.

PEOPLE LOOK AT IT AND THEY CAN'T UNDERSTAND WHAT'S INCLUDED, WHAT'S NOT INCLUDED.

THE SECOND PROBLEM AND REALLY THE MORE DANGEROUS PROBLEM AND THE REASON THAT THE CONSTITUTION BARS VAGUE LAWS IS THEY ALLOW FOR WHAT THEY CALL ARBITRARY AND CAPRICIOUS APPLICATION THAT WHAT THAT MEANS IS IF YOU CAN'T REALLY UNDERSTAND WHAT'S INCLUDED OR NOT, THE CITY NOW HAS UNBRIDLED DISCRETION TO INCLUDE OR EXCLUDE SOMEBODY.

AND THE DANGER IS THAT THE CITY WILL DO THAT IN AN UNEVEN MANNER.

MAYBE IF THEY FAVOR YOUR CLUB, YOU'LL GET INCLUDED.

MAYBE IF THEY DON'T FAVOR YOUR CLUB, YOU DON'T GET INCLUDED.

BUT IT OPENS THE DOOR FOR UNEVEN APPLICATION OF THE LAW, AND LAWS AREN'T SUPPOSED TO APPLY IN AN UNEVEN MANNER.

NOW I WANTED TO KNOW WHAT THE CITY CONSIDERED TO BE A CLUB OR LODGE.

SO I FILED A PUBLIC RECORDS REQUEST AND ASKED FOR ALL THE PEOPLE THAT ARE ALL THE ENTITIES THAT HAD BEEN CONSIDERED BY THE CITY TO BE CLUB OR LODGE.

[01:50:08]

THE RESPONSE WAS THAT THERE'S NONE.

THERE ARE NONE IN THE CITY OF TAMARAC.

SO WE DON'T EVEN HAVE THAT FOR GUIDANCE TO SEE WHO THE CITY HAS HAS DEEMED TO BE A CLUB OR LODGE.

BUT WHAT I THINK YOU NEED TO DO IS LOOK AT THE FIRST SENTENCE.

I MEAN, IF YOU'RE GOING BACK TO THE SLIDE HERE AND LOOK.

LOOK AT THE WAY THAT THE CLUB IS JUST DEFINED AND THE CHARACTERISTICS ARE PROVIDED.

AND THAT'S WHERE YOU CAN SEE THAT THIS IS WHERE TRAPEZE BELONGS AS A USE CLASSIFICATION.

NOW. I'M NOT THE ONLY ONE THAT HAS THAT OPINION.

IN FACT, THE CITY ITSELF HAD THAT OPINION BACK IN 2008.

HERE'S A CITATION FROM AN INTEROFFICE MEMO CREATED MARCH 23, 2002, IN PREPARATION FOR THE PRIOR HEARING.

WE WERE HERE WHEN WE WERE HERE LAST TIME.

AND WHAT THIS EXPLAINS IS THAT IN 2008, WHEN TRAPEZE WAS FIRST GETTING LICENSED.

THE CITY SAID, OKAY, FOR BUSINESS TAX PURPOSES, WE'RE CLASSIFYING YOU AS A DANCE HALL SOCIAL CLUB.

AND THEN IT WENT OVER TO ZONING AND ZONING, HAD A CHART OF USES THAT LAYS OUT WHAT USE CAN BE ENGAGED IN WEAR AND DANCE.

ALL SOCIAL CLUB WAS NOT ON THEIR USE CHART.

SO WHAT THE RULES SAY THEY DO THEN IS THEY HAVE TO FIND THE USE THAT'S CLOSEST TO DANCE.

ALL SOCIAL CLUB THEY GOT.

THE WAY THEY DESCRIBE IT IS MOST CLOSELY ALIGNED.

WHAT'S THE NEXT CLOSEST THING? AND THE CITY ITSELF IN 2008 SAID WELL, FOR THE NEXT CLOSEST THING IS CLUB OR LODGE PRIVATE.

SO EVER SINCE TRAPEZE HAS BEEN OPERATING IN TAMARAC SINCE 2008, THEIR BUSINESS TAX CLASSIFICATION HAS BEEN DANCE HALL, SOCIAL CLUB.

BUT FOR PURPOSES OF ZONING, THE CITY'S ALREADY BEEN VIEWING THEM AS A CLUB OR LODGE PRIVATE BECAUSE THE CITY CONCEDED THAT THAT WAS THE CLOSEST USE.

COULD THEY HAVE SAID THEY WERE ADULT ENTERTAINMENT AT THAT TIME? SURE. THAT THAT CATEGORY EXISTED.

IT'S BEEN THERE SINCE 1975, BUT THEY NEVER DID THAT.

ALL RIGHT. SO NOW, FOR THE FIRST TIME IN 14 YEARS, THE CITY IS ATTEMPTING TO CLASSIFY TRAPEZE AS AN ADULT ENTERTAINMENT USE.

IT'S NOT AN ADULT ENTERTAINMENT USE.

AND I THINK THERE'S TWO PRIMARY REASONS WHY.

FIRST OF ALL, IT DOESN'T FIT THE DEFINITION OF AN ADULT ENTERTAINMENT USE PROVIDED BY THE CODE.

SECOND IS WHAT I JUST MENTIONED.

THE CITY HAS NEVER BEFORE TRIED TO CLASSIFY THEM AS SUCH, AND I BELIEVE THAT THAT LEGALLY PROHIBITS THEM FROM DOING SO AT THIS LATE STAGE IN THE GAME.

ON THIS SLIDE, I'VE GOT SOME DEFINITIONS THAT ARE LAID OUT BY TAMARAC CITY CODE.

IF YOU LOOK AT THE FIRST ONE, SECTION TEN 6.2.

IT PROVIDES A DEFINITION OF ADULT ENTERTAINMENT.

THAT'S BASICALLY A LAUNDRY LIST OF DIFFERENT BUSINESS TYPES.

IT DOESN'T REALLY DESCRIBE CHARACTERISTICS OR ANYTHING.

IT JUST GIVES A LIST.

NOW, CONSPICUOUSLY ABSENT FROM THAT LIST ARE SWINGERS CLUBS, LIFESTYLE CLUBS, OR ANY KIND OF PRIVATE CLUB, FOR THAT MATTER.

ESSENTIALLY ALL OF THOSE BUSINESSES THAT ARE LISTED THERE, WHICH IT'S OVER A DOZEN, THEY CAN BE BROKEN DOWN INTO THREE CATEGORIES.

BUSINESSES THAT SELL SEXUALLY EXPLICIT MATERIALS THAT WOULD INCLUDE THINGS LIKE ADULT BOOKSTORES OR NOVELTY STORES.

BUSINESSES THAT PRESENT SEXUALLY EXPLICIT PERFORMANCES THAT WOULD INCLUDE THINGS LIKE ADULT CABARETS OR ADULT THEATERS, AND IN BUSINESSES THAT OFFER A DIRECT CONTACT WITH AN EMPLOYEE OF A SEXUAL OR INTIMATE NATURE.

AND THAT WOULD INCLUDE THINGS LIKE BODY RUB STUDIOS, NUDE MODELING STUDIOS, AND THE ONE THAT WE'RE GOING TO TALK ABOUT TODAY, ENCOUNTER PARLORS.

NOW IT'S MY POSITION THAT TRAPEZE DOESN'T FALL INTO ANY OF THESE CATEGORIES.

THEY DON'T SELL ANY SEXUALLY EXPLICIT MATERIALS.

THEY DON'T PRESENT ANY TYPE OF SEXUALLY EXPLICIT PERFORMANCES, EITHER LIVE OR ON FILM.

AND THEY DON'T OFFER ANY KIND OF DIRECT CONTACT WITH AN EMPLOYEE OF A SEXUAL OR INTIMATE NATURE.

OK GOING BACK TO THESE DEFINITIONS HERE.

THE CITY CODE DOES PROVIDE IN A DEFINITION OF ENCOUNTER PARLOR BECAUSE THAT'S ESSENTIALLY WHAT THE CITY'S POSITION IS, THAT TRAPEZE CAN BE CLASSIFIED AS ADULT ENTERTAINMENT BECAUSE THEY ARE AN ENCOUNTER PARLOR.

THAT'S THE ONE ON THAT LIST THAT THE CITY HAS ELECTED TO HANG ITS HAT ON HERE AT SECTION 12-76 OF THE CODE, THERE'S A

[01:55:07]

DEFINITION OF ENCOUNTER PARLOR THAT'S PROVIDED IT'S RIGHT THERE IN THE MIDDLE OF THE SLIDE.

AND THAT DOESN'T DESCRIBE TRAPEZE IN TWO KEY ASPECTS.

FIRST OF ALL, IT SAYS AN ENCOUNTER PARLOR IS A BUSINESS THAT ADVERTISES OR CONDUCTS ACTIVITIES FOR COMPENSATION.

TRAPEZE DOES NOT OFFER ANY ACTIVITIES FOR COMPENSATION.

TRAPEZE ONLY OFFERS A VENUE FOR LIKE MINDED MEMBERS TO MEET AND INTERACT.

THERE ARE NO ACTIVITIES THAT CAN BE PURCHASED AT TRAPEZE.

MORE IMPORTANTLY, IT COMES AT THE END OF THAT DEFINITION WHERE IT SAYS THAT THESE ACTIVITIES THAT ARE BEING PURCHASED MUST OCCUR BETWEEN THE BUSINESS'S CLIENTS AND ITS EMPLOYEES.

TRAPEZE DOES NOT OFFER ANY CONTACT BETWEEN ITS CLIENTS AND EMPLOYEES.

IT'S STRICTLY PROHIBITED.

ANY CONTACT THAT OCCURS AT TRAPEZE IS BY AND BETWEEN MEMBERS OF THE CLUB, NOT INVOLVING ANY EMPLOYEE, AGENT OR REPRESENTATIVE OF THE CLUB.

NOW, THAT DEFINITION DOESN'T JUST APPLY TO ENCOUNTER PARLORS.

IT'S A BUNCH OF THEM THAT ARE INCLUDED THERE.

AND IF YOU LOOK AT THEM, THEY ALL HAVE THAT SAME CHARACTERISTIC, YOU KNOW, INCLUDES ESCORT SERVICES, NUDE MODELING STUDIOS, BODY STAY PAINTING STUDIOS.

WHAT DO ALL OF THOSE HAVE IN COMMON? THEY ALL PROVIDE DIRECT CONTACT BETWEEN THE EMPLOYEE AND THE CUSTOMER.

THAT'S NOT WHAT HAPPENS AT TRAPEZE.

AND I THINK IF YOU FOLLOW THAT, THE CITY'S LINE OF THINKING HERE TO ITS LOGICAL CONCLUSION, IT WOULD BASICALLY MAKE EVERY HOTEL IN TAMARAC INTO AN ENCOUNTER PARLOR, BECAUSE CERTAINLY SOMEONE COULD GO TO A HOTEL, A GROUP OF PEOPLE COULD GATHER THERE AND THE LOUNGE AREA.

AND IF THEY ELECTED TO GO BACK TO ONE OF THE PRIVATE ROOMS THAT SOMEBODY HAD RENTED AND ENGAGED IN, WHATEVER TYPE OF CONSENSUAL CONDUCT THEY WANTED TO ENGAGE IN, THAT WOULD REALLY BE NO DIFFERENT THAN WHAT TRAPEZE OFFERS.

AND CERTAINLY THOSE HOTELS ARE NOT ENCOUNTER PARLORS.

NOW LAST TIME WE WERE HERE, THE CITY ARGUED THAT THAT DEFINITION IS IN A SECTION OF THE CODE THAT THEY'RE THINKING ABOUT DOING AWAY WITH.

IT DOESN'T APPEAR THAT THEY'VE DONE AWAY WITH IT YET, STILL APPEARS IN THE VERSION OF THE CODE THAT'S THAT'S PUBLISHED ON MUNICH CODE AS THE MOST CURRENT VERSION OF THE CODE.

AND EVEN IF THEY DID DO AWAY WITH IT, I DON'T THINK IT CHANGES THE ISSUE AT ALL, BECAUSE IF YOU LOOK AT THE LAST DEFINITION ON THAT PAGE, SECTION 10-6.3, IT DEFINES IT PROVIDES A DEFINITION TO TO ADULT ENTERTAINMENT.

THAT'S THE SAME EXACT LANGUAGE ACTIVITIES FOR COMPENSATION BUYING BETWEEN THE CLIENTS AND CUSTOMERS.

SO IT'S A REDUNDANT DEFINITION IN THE CODE, IT APPEARS, NOT JUST AS A DEFINITION OF ENCOUNTER PARLOR BUT ALSO IN ANOTHER SECTION OF THE CODE.

THAT SAME DEFINITION IS APPLIED TO ADULT ENTERTAINMENT IN GENERAL.

NOW, TAMARAC IS NOT ALONE IN DEFINING ENCOUNTER PARLORS THAT WAY OR ENCOUNTER STUDIOS.

HERE'S SOME OTHER JURISDICTIONS IN SOUTH FLORIDA THAT HAVE EITHER THE SAME EXACT DEFINITION OR A SIMILAR DEFINITION.

TAMARAC SHARES THE SAME EXACT DEFINITION WITH FERNANDINA BEACH AND PLANTATION.

THAT'S AT THE TOP THERE. WORD FOR WORD.

THE SAME DEFINITION FOR ENCOUNTER PARLOR.

AGAIN, LIMITING IT TO ACTIVITIES AND CONVERSATION INVOLVING CLIENTS AND EMPLOYEES.

A MUCH LARGER GROUP OF CITIES.

FORT LAUDERDALE. DEERFIELD BEACH.

MIRAMAR. DANIA BEACH, MIAMI SPRINGS, SUNRISE, BOCA RATON AND CUTLER BAY.

ALL DEFINE ENCOUNTER PARLORS AS ESTABLISHMENTS THAT OFFER NUDE MODELING SESSIONS OR SESSIONS BETWEEN OF SAME SEX ADULTS OR NUDE DANCE OR PHOTO SESSIONS.

AGAIN, IT'S ALL DEFINED AS A BUSINESS THAT OFFERS TO THE CUSTOMER SOME SORT OF A SESSION WITH AN EMPLOYEE OR REPRESENTATIVE OF THE BUSINESS.

MY FAVORITE DEFINITION IS THE ONE THAT HIALEAH USES, WHICH I INCLUDED HERE AT THE BOTTOM.

AND I'LL READ IT JUST BECAUSE I THINK IT'S THE BEST ONE.

SAYS ENCOUNTER PARLOR MEANS AN ESTABLISHMENT HAVING A SUBSTANTIAL PORTION OF THE EMPLOYEES BEING OF ONE SEX WHOSE JOB IS TO READ IN THE NUDE IN THE PRIVACY OF SMALL ROOMS TO CUSTOMERS OF THE OPPOSITE SEX.

THE READING IS FROM BOOKS WHICH ARE CHARACTERIZED BY EMPHASIS ON MATTERS DEPICTING, DESCRIBING OR RELATING TO SEXUAL ACTIVITIES.

SO BASICALLY IT'S PEOPLE OF ONE GENDER IN ROOMS, NAKED, READING BOOKS TO SOMEBODY OF ANOTHER GENDER.

[02:00:02]

THAT'S HOW HIALEAH DEFINES ENCOUNTER PARLOR AND THAT SOUNDS REALLY WEIRD.

AND THE FIRST TIME I READ THAT, IT STRUCK ME AS BEING ODD.

BUT IF YOU LOOK AT THE HISTORY OF THE PHRASE ENCOUNTER PARLOR, THAT START, YOU START TO UNDERSTAND WHY IT'S DEFINED THAT WAY.

WHICH BRINGS US TO A LITTLE HISTORY LESSON.

IT'S THE HISTORY OF ENCOUNTER PARLORS.

NOW, TO UNDERSTAND THE HISTORY OF ENCOUNTER PARLORS, WE'VE GOT TO GO TRAVEL ACROSS THE COUNTRY TO SAN FRANCISCO, BECAUSE THAT'S THE BIRTHPLACE OF THE ENCOUNTER PARLOR.

I'VE INCLUDED A PHOTO THERE OF THE FAMOUS RED LIGHT DISTRICT IN SAN FRANCISCO ON BROADWAY IN THE NORTH BEACH AREA.

AS YOU CAN SEE, THOSE BUSINESSES LOOK A LOT DIFFERENT THAN THAN TRAPEZE.

ESSENTIALLY WHAT HAPPENED WAS IN THE LATE 1960S, SAN FRANCISCO BEING THE FREEWHEELING, PERMISSIVE PLACE THAT IT WAS, BEGAN TO HAVE TOP FIRST TOPLESS BARS, THEN FULLY NUDE BARS IN THE CITY, REACTED TO THAT BY BANNING NUDITY IN ALCOHOL ESTABLISHMENTS, ESSENTIALLY SAID, IF YOU HAVE A LIQUOR LICENSE, YOU CAN'T HAVE NUDE ENTERTAINMENT.

AND THAT HAD THE EFFECT OF SHUTTING DOWN ALL THE TOPLESS AND FULLY NUDE BARS.

NOW, SOME ENTERPRISING INDIVIDUALS OUT THERE SAID, WELL, WE'LL JUST GET RID OF THE ALCOHOL AND JUST HAVE THE NUDITY.

AND THAT WAS THE BIRTH OF WHAT THEY CALLED THE ENCOUNTER PARLOR.

NOW, IT ACTUALLY GOT QUITE A LOT OF MEDIA ATTENTION IN THE EARLY 1970S WHEN THESE PLACES OPENED UP.

I'VE INCLUDED A FEW CLIPPINGS HERE.

HERE'S AN ARTICLE FROM THE MIAMI HERALD JANUARY 22ND, 1974.

IT SAYS THE LATEST EROTIC CRAZE IN SAN FRANCISCO IS THE NUDE ENCOUNTER PARLOR.

MEN PAY $50 AN HOUR TO SIT AND TALK WITH LOVELY YOUNG WOMEN.

NO PHYSICAL SEX IS INVOLVED.

THE WOMEN INSIST, BUT THERE'S PLENTY TO TALK ABOUT.

ALSO IN THE ORLANDO SENTINEL, OCTOBER 11, 1973, IT SAYS IN ENCOUNTER PARLORS, MEN PAY $60 AN HOUR TO LISTEN TO A NAKED WOMAN TALK OR READ A DIRTY BOOK.

SO THAT'S WHERE THAT'S WHERE HIALEAH, I ASSUME, GOT THE DIRTY BOOK THING.

THAT WAS APPARENTLY AN ACTIVITY THAT TOOK PLACE IN THESE ENCOUNTER PARLORS AS A PERSON WOULD READ IN THE NUDE, IN A PRIVATE CUBICLE TO A PERSON PAYING A DOLLAR A MINUTE TO LISTEN.

HERE ARE SOME MORE ARTICLES THAT APPEARED BACK IN THAT TIME IN THE NEW YORK TIMES 1973 REGARDING NUDE AND COUNTER PARLORS. SINCE THE PLACE CONTENDS IT'S A WARM RETREAT WHERE SEXUALLY FRUSTRATED MEN CAN HAVE HEART TO HEART TALKS ABOUT THEIR PROBLEMS WITH ATTRACTIVE, TOTALLY DISROBED YOUNG WOMEN FOR $50 AN HOUR.

THE MAN MAN DRESSED TOO.

BUT THE POLICE DEPARTMENT'S VICE SQUAD CONTENDS THEY ARE NOTHING MORE THAN STOREFRONT BORDELLOS OR AT BEST, PLACES WHERE MEN ARE TRICKED INTO THINKING THEY WILL GET SEX FOR MONEY. AND IN RESEARCHING THESE KIND OF BUSINESSES, THAT LAST PART THERE IS A REAL OVERARCHING THEME.

ESSENTIALLY, WHAT THESE PLACES ALMOST ALWAYS WERE, WERE PLACES WHERE NO SEXUAL ACTIVITY ACTUALLY EVER OCCURRED.

THEY WOULD JUST TRICK UNSUSPECTING MEN INTO THINKING THEY WERE GOING TO ENGAGE IN SOME SORT OF SEXUAL ENCOUNTER AND GET THEM TO START PAYING TO SIT IN A ROOM WITH SOMEONE WHO DOESN'T DO ANYTHING MORE THAN READ A BOOK TO THEM.

AGAIN, HERE'S SOME MORE. I'M NOT GOING TO READ EVERY QUOTE, BUT THERE'S ANOTHER NEW YORK TIMES ARTICLE FROM 1977, ANOTHER LA TIMES ARTICLE THAT THAT'S ACTUALLY FROM 1987, BUT LOOKS BACK ON THE PERIOD OF THE SEVENTIES WHEN THERE WERE ENCOUNTER PARLORS, WHICH AGAIN, IT'S DESCRIBED AS A SCAM IN WHICH CUSTOMERS PAID BY THE MINUTE TO TALK TO NEW NUDE WOMEN AND OFTEN HAD THEIR WALLETS EMPTIED BY VAGUE PROMISES.

THESE TWO GUYS ON YOUR SCREEN HERE WERE THE TWO GUYS THAT OWNED ALL THE ENCOUNTER PARLORS IN IN SAN FRANCISCO.

ALMOST ALL OF THEM ARE OWNED BY ONE OF THESE TWO GUYS.

SAM CONTI, ON THE LEFT FROM HIS OBITUARY IN 2009, SAYS HE OPENED A STRING OF BRAZENLY SALACIOUS AND COUNTER PARLORS WHERE MEN PAID TO HAVE CONVERSATIONS IN SMALL BOOTHS WITH YOUNG WOMEN WEARING AT MOST A BRA AND PANTIES.

HIS COUNTERPART ON THE RIGHT THERE, RON LONDON, 1977.

THE SAN FRANCISCO EXAMINER DUBBED HIM THE ENCOUNTER STUDIO BOSS.

THESE ARE A COUPLE OF THEIR PLACES.

AS YOU CAN SEE, THEY DON'T LOOK ANYTHING LIKE WHAT TRAPEZE LOOKS LIKE FROM THE OUTSIDE.

THEY DON'T ENGAGE IN THE NONDESCRIPT APPEARANCE THEY'VE GOT THE THE X, X, X, THE GIRLS, GIRLS, GIRLS, YOU KNOW, THE FLASHY LIGHTS, NAMES LIKE THE TUNNEL OF LOVE, THE HOUSE OF ECSTASY, NAKED CITY, HARDLY DISCREET IN APPEARANCE.

[02:05:08]

WHICH BRINGS US TO THE BEGINNING OF THE END OF THE ENCOUNTER, PARLOR.

HERE'S SOME, SOME MORE CLIPPINGS FROM THE CALGARY HERALD IN MAY OF 1974, POLICE HAVE RECEIVED COMPLAINTS INVOLVING PROSTITUTION, NARCOTICS AND ASSAULT CONCERNING ENCOUNTER PARLORS.

ALSO, FRAUD CUSTOMERS ARE APPARENTLY SOMETIMES PROMISED MORE THAN THE GIRLS CHOOSE TO DELIVER.

A NEW LAW WILL ENABLE POLICE TO CHECK ON THE PROPRIETORS AND EMPLOYEES, AS THEY NOW DO WITH MASSAGE PARLORS.

AGAIN, ANOTHER ARTICLE FROM THE PETALUMA COURIER IN 1977 EXPLAINING THE SAME, SAME THINGS.

CITY OFFICIALS SAID THEY HAD RECEIVED COMPLAINTS FROM 500 CUSTOMERS, MOST OF THEM TOURISTS, HAVE COMPLAINED ABOUT BEING PROMISED SEXUAL FAVORS THAT WERE NEVER DELIVERED.

AND FINALLY, THE END OF THE ENCOUNTER PARLOR.

AND THIS IS THE TALE OF MR. CONTI AND MR. LONDON, WHO WE MET A FEW SLIDES AGO.

AND ON THE LEFT, YOU'LL SEE FROM THE LOS ANGELES TIMES IN 1977, SAM CONTI HAS AGREED TO SHUT DOWN THREE ENCOUNTER PARLORS WHERE MANY CUSTOMERS COMPLAIN THEY WERE PROMISED MORE THAN THEY RECEIVED AND ABANDONED THE BUSINESS.

A GRAND JURY INDICTMENT LAST MONTH CHARGED CONTI WITH CONSPIRACY AND DEFRAUDING CUSTOMERS, ALLEGEDLY MAKING UNFULFILLED PROMISES OF SEX.

THAT'S MR. CONTI, MR. LONDON, 1978, FROM THE SAN FRANCISCO EXAMINER.

ENCOUNTER PARLOR BOSS RON LONDON HAS BEEN SENTENCED TO STATE PRISON FOR 2 TO 10 YEARS FOR PIMPING, PANDERING, CONSPIRACY TO COMMIT GRAND THEFT.

HE VOLUNTARILY CLOSED HIS FOUR REMAINING COUNTER PARLORS.

THEY EVEN INCLUDE A PICTURE OF ONE OF THEM WITH THE PADLOCK ON THE DOOR.

SO THAT'S WHAT AN ENCOUNTER PARLOR IS OR WAS, I SHOULD SAY.

THEY APPEAR TO BE A RELIC OF ADULT ENTERTAINMENT HISTORY IN THE PAST.

THEY'RE LIKE A PAYPHONE OR AN EDSEL CAR.

THERE'S SOMETHING FROM THE PAST THAT DOESN'T EXIST ANYMORE.

I FILED A PUBLIC RECORDS REQUEST AGAIN TO TAMARAC, ASKING TO PROVIDE ME A LIST OF ALL THE ENCOUNTER PARLORS IN THE CITY.

THERE ARE NONE.

I'VE DUG AND DUG AROUND SOUTH FLORIDA.

I CANNOT FIND AN ENCOUNTER PARLOR IN SOUTH FLORIDA AS FAR AS I CAN TELL, AFTER THE LATE 1970S, THEY CEASED TO EXIST.

IN FACT, THE ONLY PLACE THAT THEY EXIST ANYMORE IS IN THE PAGES OF CITY CODES ALL OVER THE COUNTRY.

BECAUSE MOST OF THESE ADULT ENTERTAINMENT ORDINANCES WERE WRITTEN IN THE 1970S, AND CITIES ROUTINELY BORROW THE LANGUAGE FROM ONE ANOTHER AND YOU'LL SEE ENCOUNTER PARLOR IN EVERY EVERY ADULT ENTERTAINMENT ORDINANCE IN AMERICA ALMOST.

BUT THEY DON'T EXIST ANYMORE.

IT WAS IT WAS A THING THAT HAPPENED IN THE MID 1970S.

THEY WERE LARGELY FRAUDULENT BUSINESSES.

THE TWO GUYS WHO OWNED ALMOST ALL OF THEM GOT INDICTED AND WENT TO JAIL, AND THAT WAS THAT FOR THE ENCOUNTER PARLOR.

SO NOW HERE WE ARE IN 2021, ALL THESE YEARS LATER, AND THE CITY IS ATTEMPTING TO PUSH A SQUARE PEG INTO A ROUND HOLE AND PUT A PRIVATE CLUB THAT'S BEEN LICENSED AS A PRIVATE CLUB IN THE CITY FOR 14 YEARS INTO A CATEGORY OF BUSINESS THAT HAS LONG CEASED TO EXIST.

WHICH BRINGS ME TO THE SECOND POINT OF WHY I DON'T THINK THE ADULT ENTERTAINMENT CLASSIFICATION IS WARRANTED HERE, AND THAT'S THE CITY'S FAILURE TO CLASSIFY THE BUSINESS THAT WAY AT ANY POINT IN THE PAST 14 YEARS.

AS I MENTIONED, THE ADULT ENTERTAINMENT ORDINANCE HAS EXISTED THAT ENTIRE TIME, EXISTED LONG BEFORE TRAPEZE EVER CAME TO TAMARAC . TRAPEZE, THEY NEVER SOUGHT TO LICENSE THEM AS AN ADULT ENTERTAINMENT USE WHEN THEY FIRST OPENED.

TRAPEZE HAS RENEWED ITS LICENSES EVERY YEAR AS IT'S REQUIRED TO.

THEY NEVER SOUGHT TO CATEGORIZE THEM THAT WAY EVERY TIME THEY RENEWED.

THERE WERE TWO INSTANCES ONE IN 2012, ONE IN 2017, WHERE TRAPEZE CORPORATE OWNERSHIP HAD A NAME CHANGE AND THEY HAD TO COMPLETELY REAPPLY FOR BUSINESS TAX AND ZONING APPROVAL.

THERE WAS NO EFFORT TO CLASSIFY THEM AS ADULT ENTERTAINMENT DURING THOSE REAPPLICATIONS.

WHICH BRINGS US TO SOME LEGAL DOCTRINES.

THERE'S A DOCTRINE CALLED EQUITABLE ESTOPPEL, AND IT'S A DOCTRINE CALLED LATCHES THAT PREVENTS A CITY FROM IF THE CITY IS ON NOTICE OF WHAT'S WHAT THIS BUSINESS IS AND WHAT IT'S DOING, WHICH IS CLEARLY THE CASE HERE.

AND THEY HAVE NOT CHOSEN TO ENFORCE ADULT ENTERTAINMENT ORDINANCES AGAINST THE CITY.

THEY CAN BE LEGALLY PROHIBITED FROM DOING SO.

AND I THINK THAT'S THE SITUATION THAT WE'RE IN HERE.

TRAPEZE DOESN'T SHARE ANY OF THE COMMON CHARACTERISTICS OF AN ADULT ENTERTAINMENT BUSINESS.

NONE OF NONE OF THE IDENTIFIED BUSINESS TYPES ARE PRIVATE CLUBS.

[02:10:01]

NONE OF THEM ARE TARGETED TOWARDS COUPLES AS OPPOSED TO SINGLE MEN, AND THEY TYPICALLY PRESENT THEMSELVES IN A GARISH AND UNATTRACTIVE MANNER.

THEY DON'T CREATE A DISCREET APPEARANCE.

THERE AREN'T A LOT OF BUSINESSES OR CLUBS LIKE TRAPEZE IN BROWARD COUNTY.

THERE'S ONLY TWO OTHER PLACES THAT ARE SIMILAR.

NONE OF THEM ARE IN TAMARACK, BUT I DID LOOK AT HOW THEY WERE CLASSIFIED BY THE CITIES THAT THEY ARE IN.

THIS IS A PLACE CALLED 321 SLAMMER THAT'S ON SUNRISE BOULEVARD IN THE CITY OF FORT LAUDERDALE.

IT WAS FORMERLY KNOWN AS PLATO'S REPEAT FOR MANY YEARS.

IT WAS A CLUB THAT WAS SET UP IN AN IDENTICAL MANNER TO HOW TRAPEZE OPERATES, ALBEIT NOT NEARLY AS UPSCALE AS TRAPEZE IS.

THERE'S A COPY OF THEIR BUSINESS TAX, MOST RECENT BUSINESS TAX RECEIPT.

THE PRIMARY USE IS CLUBS PRIVATE.

THERE IS A ONE OTHER THAT'S IN THE CITY OF POMPANO BEACH.

IT'S A PLACE THAT'S CALLED DEFY.

CURRENTLY, FOR MANY YEARS IT WAS KNOWN AS CLUB HEDONISM.

AGAIN, IT'S SET UP EXACTLY THE SAME WAY AS TRAPEZE, ALTHOUGH IT'S SMALLER.

IT'S CLASSIFIED AS CLUB SOCIAL.

AGAIN, NONE OF THE CITIES HAVE ELECTED NOT TO CLASSIFY ANY OF THESE PLACES AS ADULTS ENTERTAINMENT.

THEY'RE CLASSIFIED IN A MANNER CONSISTENT TO WHAT I'M ASKING YOU TO APPROVE FOR TRAPEZE HERE, CLUB OR LODGE PRIVATE.

SO AGAIN, THIS. JUST TO WRAP US UP HERE, WHAT BOX DOES TRAPEZE GO IN? I THINK IT'S CLEAR FROM FROM MY PRESENTATION THAT THEY GO IN CLUB OR LODGE PRIVATE, NOT ADULT ENTERTAINMENT OR ENCOUNTER STUDIO, AS THE CITY WOULD REQUEST.

AND THAT CONCLUDES MY PRESENTATION.

I'M AVAILABLE TO ENTERTAIN ANY QUESTIONS, IF YOU HAVE ANY.

AGAIN, I APOLOGIZE FOR REHASHING A BUNCH OF THIS STUFF FOR YOU, BUT I HAD TO.

I HAD NO OTHER CHOICE. THANK YOU.

IS THERE ANYBODY FROM THE PUBLIC WHO WOULD LIKE TO SPEAK ON THIS ITEM? OH, SORRY. GO AHEAD.

IT'S. IT'S UP TO THIS BOARD AND WHETHER OR NOT YOU WANT TO TAKE PUBLIC COMMENT RIGHT NOW.

BUT GENERALLY YOU WOULD HEAR FROM STAFF.

OKAY. IS THERE ANYTHING FROM STAFF COMMENT? OKAY.

OK. GOOD MORNING.

FOR THE RECORD AGAIN, I'M ROB JOHNSON, SENIOR PLANNER FOR THE COMMUNITY DEVELOPMENT DEPARTMENT.

RUSSELL L. CORMACKIN ESQUIRE DOES AN AGENT FOR THE PROPERTY OWNER MEMBERS ONLY MANAGEMENT LLC IS SEEKING AN ADMINISTRATIVE APPEAL OF THE INTERPRETATION RENDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT WITHIN THE ZONING VERIFICATION LETTER DATED MAY 9TH, 2022, REGARDING THE RELOCATION OF TRAPS TO 7707 WEST COMMERCIAL BOULEVARD, THE EXISTING TRAPEZE BUSINESS IS LOCATED WITHIN THE TAMARAC SQUARE PLAZA.

IT'S APPROXIMATELY 8900 SQUARE FEET AND IT'S LOCATED AT 5213 NORTH STATE ROAD SEVEN.

THE EXISTING LOCATION HAS A CITY OF TAMARAC FEATURE LAND USE DESIGNATION OF COMMERCIAL AND A ZONING CLASSIFICATION OF MUC MIXED USE CORRIDOR.

THE TRAPEZE IS SEEKING TO RELOCATE INTO THE FORMER SALVATION ARMY THRIFT STORE AND DONATION CENTER BUILDING AT 7707 WEST COMMERCIAL BOULEVARD.

THE FORMER SALVATION ARMY THRIFT STORE DONATION CENTER BUILDING HAS A CURRENT CITY OF TAMARACK FEATURE LAND USE DESIGNATION OF A COMMERCIAL AND A ZONING CLASSIFICATION OF MUG MIXED USE GENERAL TO THE NORTH OF THE SUBJECT PROPERTY ACROSS NORTH WEST 57TH STREET IS MIDWAY PLAZA SHOPPING CENTER.

IT'S OWNED MUG, MIXED USE GENERAL WITH A FUTURE LAND USE DESIGNATION OF COMMERCIAL TO THE SOUTH ACROSS WEST COMMERCIAL BOULEVARD, A COMMERCIAL ARE COMMERCIAL PROPERTIES THAT ARE LOCATED WITHIN THE CITY OF LAUDERHILL.

THOSE ARE ZONED GC, GENERAL COMMERCIAL WITH A FUTURE LAND USE DESIGNATION OF COMMERCIAL.

TO THE EAST IS THE TACO BELL THAT'S ZONED MUG WITH A FUTURE LAND USE DESIGNATION OF COMMERCIAL.

AND TO THE WEST IS THE REMAX INTERACTION REALTY REAL ESTATE OFFICE.

IT'S ZONED MUG, MIXED USE GENERAL WITH A FUTURE LAND USE DESIGNATION OF COMMERCIAL.

SO IN FEBRUARY 2008, A BUSINESS REVENUE RECEIPT WAS SUBMITTED FOR A NEW BUSINESS NAMED WORLD WIDE ENTERTAINMENT OF GEORGIA AT 5313 NORTH STATE ROAD 7.

THE NEW BUSINESS IS DESCRIBED AS A MEMBER'S ONLY PRIVATE SOCIAL CLUB.

WITHIN THE BUSINESS REVENUE RECEIPT AND WAS PROPOSED IN A B-2 PLANNED COMMUNITY BUSINESS ZONING DISTRICT.

THE INITIAL REVIEW IT WAS APPROVED ON FEBRUARY 23, 2008, AND THEN THE SENIOR OCCUPATIONAL LICENSE SPECIALIST APPROVAL WAS

[02:15:03]

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 CONTAINED IN CHAPTER 12 OF THE CITY'S CODE.

AT THE TIME, THE BUSINESS WAS NOT ASSIGNED A BUSINESS TAX FEE OF $260.50, AND THAT'S THE FEE IS ASSOCIATED WITH A LARGER PRIVATE CLUB CLASSIFICATION AS THE USE.

IT CONTAINS A DANCE FLOOR AND WAS DESCRIBED BY THE APPLICANT AS A SOCIAL CLUB.

IN FEBRUARY 25, 2008, THE BUSINESS REVENUE APPLICATION WAS APPROVED BY PLANNING AND ZONING USING THE CLUB OR LODGE PRIVATE DESIGNATION AS THE USE IT WAS PERMITTED IN THE B-2 ZONING DISTRICT.

PURSUANT TO THE CODE OF ORDINANCES, THE PROCESS OF ASSIGNING A ZONING USE DESIGNATION THAT MOST CLOSELY ALIGNS WITH THE BUSINESS TAX CLASSIFICATION WAS PROVIDED FOR IN THE BUSINESS AND COMMERCIAL USES MASTER LIST OF THE CODE AND ORDINANCES IN EFFECT AT THE TIME, AND IT STATED ANY USE SIMILAR TO THE LISTED USES SHALL BE PERMITTED.

ESSENTIALLY THE EXACT CLASSIFICATION OF A DANCE HALL AND SOCIAL CLUB WAS NOT ENUMERATED IN THE PERMITTED USES 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 MEMBER'S ONLY PRIVATE SOCIAL CLUB AND WAS PERMITTED AS A CLUB OR LODGE PRIVATE.

ON JUNE 23RD, 2008, THE APPLICANT SIGNED THE APPLICATION AFFIRMING THE INFORMATION THAT WAS THE BEST OF THE APPLICANT'S KNOWLEDGE AND THAT IT'S ALL CORRECT IN ALL MATTERS CONNECTED WITH THE BUSINESS.

THEN IN JULY 25, 2008, THE BUSINESS REVENUE RECEIPT FOR WORLDWIDE ENTERTAINMENT IN GEORGIA.

IT WAS APPROVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT, AND THEN IT WAS PRINTED FOR DISPLAY ON JUNE 26, 2008, AND THEN IT WAS RENEWED FROM 2008 TO 2012, AND THEN ON AUGUST 9TH, 2012, A BUSINESS REVENUE RECEIPT APPLICATION WAS SUBMITTED FOR A NAME CHANGE FROM THE WORLDWIDE ENTERTAINMENT GEORGIA, INC TO TAMARAC TRAPEZE OF FLORIDA INC AT THE EXISTING LOCATION.

THE APPLICANT OR THE AUTHORIZED AGENT OF THE APPLICATION FOR THE TAMARAC TRAPEZE OF FLORIDA, INC, DESCRIBED THE EXISTING BUSINESS AS A PRIVATE MEMBERSHIP CLUB AND THEN SIGN THE APPLICATION AFFIRMING TO EVERYTHING IS CORRECT.

THE DESCRIPTION OF THE EXISTING BUSINESS WAS CHANGED FROM MEMBER'S ONLY PRIVATE SOCIAL CLUB ON THE ORIGINALLY SUBMITTED APPLICATION FOR THE USE TO A PRIVATE MEMBERSHIP CLUB ON THE NEW APPLICATION SUBMITTED FOR THE NAME CHANGE FOR THE TAMARAC TRAPEZE OF FLORIDA.

THE INITIAL REVIEW OF THE APPLICATION FOR THE TAMARAC PROPERTIES OF FLORIDA WAS APPROVED IN AUGUST 31, 2012, AND THEN SENIOR BUSINESS REVENUE SPECIALIST APPROVAL WAS GIVEN ON AUGUST 31ST, 2012.

PLANNING AND ZONING APPROVAL WAS GIVEN ON SEPTEMBER 4TH, 2012 FOR THE NAME CHANGE ONLY, AND THEN ON SEPTEMBER 4TH, 2012.

THE DIRECTOR APPROVED THE APPLICATION.

THE EXISTING BUSINESS WAS THEN ASSIGNED A BUSINESS TAX FEE OF $273, CLASSIFIED AS A DANCE HALL AND SOCIAL CLUB.

CONSISTENT WITH THE CLASSIFICATION OF THE PREVIOUSLY CHARGED BUSINESS TAX FEE.

THE BUSINESS REVENUE RECEIPT FOR THE TAMARAC TRAPEZE OF FLORIDA, IT WAS PRINTED FOR DISPLAY ON SEPTEMBER 17, 2012, AND IT WAS RENEWED FROM 2012 TO 2017.

THEN ON NOVEMBER 29, 2017, A NEW BUSINESS REVENUE RECEIPT APPLICATION WAS SUBMITTED FOR ANOTHER NAME CHANGE FROM TAMARAC TRAPEZE OF FLORIDA, INC TO MEMBERS-ONLY MANAGEMENT LLC AT THE EXISTING LOCATION.

THE APPLICANT OR AUTHORIZED AGENT DESCRIBED THE EXISTING BUSINESS AS A PRIVATE MEMBERSHIP CLUB CONSISTENT WITH THE ONE FOR TAMARAC TRAPEZE OF FLORIDA, INC, AND THEN SIGNED THE APPLICATION ON NOVEMBER 29, 2017 AFFIRMING ALL THE INFORMATION IS CORRECT.

THE BUSINESS APPLICATION FOR MEMBERS-ONLY MANAGEMENT LLC WAS APPROVED BY THE SENIOR BUSINESS REVENUE LICENSE SPECIALIST ON NOVEMBER 30TH, 2017, AND THEN ZONING USE APPROVAL WAS GIVEN ON NOVEMBER 30TH, 2017.

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 WAS THEN PRINTED FOR DISPLAY ON DECEMBER 17, 2017.

TO MAKE A DISTINCTION SINCE 2008.

TRAPEZE AND ITS PREDECESSORS HAVE OPERATED THE BUSINESS UNDER THE DANCE HALL AND SOCIAL CLUB CLASSIFICATION, WHILE PAYING AN APPROPRIATE FEE FOR SUCH CLASSIFICATION

[02:20:04]

, AND INCIDENTALLY, THE CLASSIFICATION CHART IN CHAPTER 12 DOES PROVIDE FOR A LODGE OR PRIVATE CLUBS CLASSIFICATION AND ASSOCIATED FEE, WHICH WAS NEVER ASSIGNED TO THE TRAPEZE OR ITS PREDECESSORS FOR OVER 14 YEARS THAT THE BUSINESS WAS LOCATED AT THE LOCATION.

ON JULY 17, THE 2018 THE CITY COMMISSION RECOGNIZING THAT THE CITY'S CODE IS OUTDATED AND REQUIRING SIGNIFICANT CHANGES APPROVED ORDINANCE REPEALING CHAPTERS TO THE CITY'S LAND DEVELOPMENT CODE AND ADOPTED A NEW LAND DEVELOPMENT MAP.

ADOPTED A NEW ZONING MAP WHICH REFLECTED THE NEW ZONING DISTRICTS THAT WAS PROVIDED FOR IN THE NEW CODE.

THE COMPREHENSIVE CHANGE WAS UNDERTAKEN TO ADDRESS THE MANY CONFLICTS CONTAINED WITHIN THE CODE OF ORDINANCES, SPECIFICALLY BETWEEN CHAPTER 12 AND CHAPTER 24.

THAT'S THE CHAPTER 12 IS THE OCCUPATIONAL LICENSE SECTION, AND 24 WAS THE ZONING SECTION AND ADDRESSED A NUMBER OF INCONSISTENCIES AND TO PROVIDE FOR DEFINITIONS WHERE NONE WAS PROVIDED. SO WE DIDN'T HAVE ANY DEFINITIONS IN OUR PREVIOUS CODE FOR ANY OF THESE USES.

NUMBER FOUR OF SECTION FIVE TRANSITION OF ORDINANCE 2018 ZERO NINE STATES.

ANY USE OF LAND STRUCTURE OR OTHER CONDITION WHICH WAS LAWFUL BEFORE THE EFFECTIVE DATE OF THE ORDINANCE BUT WHICH IS RENDERED NON-CONFORMING OR GRANDFATHERED BY THE ORDINANCE, SHALL BE GOVERNED BY THE PROVISIONS OF THE LAND DEVELOPMENT CODE APPLICABLE TO NONCONFORMING AND GRANDFATHERED USES AS DEFINED IN THE LAND DEVELOPMENT CODE AND THEN FURTHER A NONCONFORMING USE OR STRUCTURE IS ONE IN WHICH THE USE WAS LEGALLY PERMITTED PRIOR TO THE CHANGE IN THE LAW, AND THE LAW AND THE CHANGE IN LAW WOULD NO LONGER PERMIT THE REESTABLISHMENT OF SUCH USE.

ULTIMATELY, LOCAL GOVERNMENTS ARE CHARGED WITH THE INTERPRETATION AND ENFORCEMENT OF THEIR CODES, AND THOSE INTERPRETATIONS WILL NOT BE OVERRULED UNLESS IT IS CLEARLY, CLEARLY ERRONEOUS. TO THAT END, THE CITY CAN ALSO CONVERT NONCONFORMING USES INTO CONFORMING USES.

PURSUANT TO THE ADOPTION OF ORDINANCE 2018-09, THE EXISTING PROPERTY AT 5213 NORTH STATE ROAD 70 WAS REZONED FROM B-2 PLANNED COMMUNITY BUSINESS DISTRICT TO MUC MIXED USE CORRIDOR, AND THAT'S THE CURRENT ZONING DISTRICT THAT IT'S UNDER.

THE NEW LAND DEVELOPMENT CODE PERMITS A CLUB OR LARGE PRIVATE AND AN MUC MIXED USE CORRIDOR OR ZONING DISTRICT.

HOWEVER, THE NEW LAND DEVELOPMENT CODE PROVIDED FOR USE CATEGORIES AND DEFINITIONS THAT WERE NOT PREVIOUSLY PROVIDED FOR IN THE REPEALED CHAPTERS OF THE CODE OF ORDINANCES AS PREVIOUSLY EXPLAINED.

THE PERMITTED USE IS MASTER LIST OF THE REPEALED CHAPTER 24 ZONING OF THE CODE OF ORDINANCES CATEGORIZED A CLUB OR LODGE PRIVATE USE AS CULTURAL, ENTERTAINMENT OR RECREATIONAL.

THAT WAS THE HEADING THAT IT WAS UNDER, AND SO AND THEN THE NEW LDC PROVIDES A CLUB OR LODGE PRIVATE USE IN A NEW COMMUNITY AND CULTURAL FACILITIES CATEGORY THAT IS LISTED UNDER PUBLIC, INSTITUTIONAL AND CIVIC.

THE COMMUNITY AND CULTURAL USE CATEGORY ALSO INCLUDES COUNTRY CLUB, AS YOU CAN SEE, HALL FOR HIGHER LIBRARY, ART GALLERY OR MUSEUM.

MUNICIPAL FACILITIES, RELIGIOUS ASSEMBLY AND STADIUM OR ARENA.

THE RECREATION AND ENTERTAINMENT USE CATEGORY WAS SEPARATED FROM THE CULTURAL USE CATEGORY IN THE NEW LDC AND IS NOW LISTED UNDER COMMERCIAL.

THE RECREATION AND ENTERTAINMENT USE CATEGORIES ALSO INCLUDES ADULT ENTERTAINMENT, AMUSEMENT, ARCADE FITNESS AND RECREATIONAL SPORTS CENTER, INDOOR RECREATION, INDOOR MOVIE THEATER, OUTDOOR RECREATION AND SHOOTING RANGE, WHICH ARE TYPICALLY COMMON OF THOSE COMMERCIAL ACTIVITIES, AND NOW THE NEW LDC PROVIDES A CLUB OR LODGE PRIVATE AS A DEFINES IT A CLUB OR LARGE PRIVATE. ADDED THE DEFINITIONS AS A NEW RESIDENTIAL ORGANIZATION OF PERSONS FOR SPECIAL PURPOSES OR FOR 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.

THE THIS DEFINITION INCLUDES USES SUCH AS FRATERNAL LODGE AND SINGING SOCIETY, AND THIS DEFINITION SHALL NOT INCLUDE RESIDENTIAL FACILITIES OR SOCIAL MEMBERSHIP CLUBS.

THE NEW DEFINITION OF A CLUB, LODGE OR PRIVATE RENDERED THE EXISTING USE AT 5213 NORTH STATE ROAD 7, AS NONCONFORMING AS A SOCIAL CLUB WAS NOT INCLUDED IN THE

[02:25:08]

DEFINITION. THE USE WAS ORIGINALLY SUBMITTED ON THE BUSINESS APPLICATION AS A MEMBER'S ONLY PRIVATE SOCIAL CLUB AND WAS CHARGED A BUSINESS TAX FEE OF $260.25 BECAUSE IT WAS CLASSIFIED AS A DANCE HALL AND SOCIAL CLUB AND THEN ADDITIONALLY THE TAMARAC TRAPEZE OF FLORIDA AND MEMBERS-ONLY MANAGEMENT LLC WAS CHARGED A BUSINESS TAX FEE OF $273.25 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 MEMBERS-ONLY MANAGEMENT LLC AT THE BUSINESS LOCATION FROM 2008 TO 2022 AT 5213 NORTH STATE ROAD 7 IDENTIFIES THE CLASSIFICATION OF THE BUSINESS AS A DANCE HALL AND SOCIAL CLUB, AND YOU CAN SEE THAT RIGHT THERE THAT THEIR BUSINESS RECEIPT IDENTIFIED AS A DANCE HALL OR SOCIAL CLUB, AND THEN FURTHERMORE, THE USE CATEGORIES AND USE TYPES DEFINED SECTION OF THE NEW LAND DEVELOPMENT CODE 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 AND COUNTER PARLOR SEX CONSULTATION BUSINESS NUDE PHOTOGRAPHY STUDIO NUDE MODELING BUSINESS NEW DANCING STUDIO DATING SERVICE OR ANY OTHER SIMILAR ADULT ENTERTAINMENT BUSINESS SECTION 10-6.3 OF THE LAND DEVELOPMENT CODE ALSO DEFINED OTHER TERMS AND DEFINES ADULT ENTERTAINMENT AS WITHOUT LIMITATION ANY PLACE OF BUSINESS WHICH ADVERTISES OR CONDUCTS SOCIAL ACTIVITIES FOR CONSULTATION, FOR COMPENSATION THAT IS DESIGNED OR INTENDED TO ESTABLISH A SEXUAL OR SOCIAL COMMUNICATION ENGAGEMENT FOR RELATIONSHIP, WHETHER ON OR OFF PREMISES BETWEEN ITS CLIENTS OR EMPLOYEES.

THE TRAPEZE CLUB WEBSITE IDENTIFIES THE USE AS A ON PREMISES SWINGERS CLUB KNOWN AS THE TRAPEZE FORT LAUDERDALE AND IT SAYS FORT LAUDERDALE, THE NUMBER ONE SWINGERS CLUB IN SOUTH FLORIDA WITH 100% SWING.

THE WEBSITE STATES THAT THE USE IS A UPSCALE BRING YOUR OWN BOTTLE SEX CLUB, AND THE USE IS ALSO DESCRIBED ON THE WEBSITE AS AN UPSCALE PRIVATE MEMBERSHIP NIGHTCLUB.

THE EXISTING USE DESCRIBED ON THE WEBSITE IS CONSISTENT WITH THE PERFORMANCE OF ADULT ENTERTAINMENT USE AND NOT A CLUB OR LODGE PRIVATE.

THE DEFINITION OF ADULT ENTERTAINMENT USE WITHIN THE LDC MORE APPROPRIATELY DESCRIBES THE USE IN GENERAL AND SPECIFICALLY PROVIDES EXAMPLES OF USES THAT ARE NOT ADULT ENTERTAINMENT IN NATURE, SUCH AS AN ACCOUNT OR PARLOR.

WHILE OUR COUNTERPART IS NOT DEFINED IN THE CITY CODE, STAFF LOOKED AT AN INDUSTRY SOURCE, SPECIFICALLY A PLANNER'S DICTIONARY BY THE AMERICAN PLANNING 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 PURPOSES OF SPECIFIED SEXUAL ACTIVITIES OR FOR THE EXPOSURE OF SPECIFIED ATOMIC AREAS WHEN ONE OR MORE PERSONS DISPOSES ANY SPECIFIED ANATOMICAL AREA.

SECTION 10-1.9 SUBSECTION B, SUBSECTION ONE CONTINUATION OF THE LAND DEVELOPMENT CODE STATES [INAUDIBLE] EXIST, EVEN THOUGH IT DOES NOT CONFORM TO THE CURRENT APPLICABLE USE STANDARDS OF THE LDC.

ANY REESTABLISHMENT EXPANSION, RELOCATION OF THE NONCONFORMING EXISTING USE WOULD CLASSIFY THE RELOCATED USE AS AN ADULT ENTERTAINMENT PURSUANT TO THE NEW LESSEE IN ACCORDANCE WITH SECTION 10-1.9(B)(3)(A) CHANGE IN USE OF THE NEW LDC.

ANY CHANGE OF A NONCONFORMING USE SHALL BE TO A CONFORMING USE.

A ZONING VERIFICATION RECORDS REQUEST WAS SUBMITTED ON MAY 3RD, 202 BY RUSSELL L.

CORMICAN, ESQUIRE ATTORNEY FOR MEMBERS-ONLY MANAGEMENT LLC ON BEHALF OF HIS CLIENT MEMBERS-ONLY MANAGEMENT LLC.

THE PURPOSE OF THE ZONING VERIFICATION REQUEST WAS TO DETERMINE THE ABILITY OF THE EXISTING BUSINESS TO EFFECTUATE A CHANGE IN LOCATION FROM 5213 NORTH STATE ROAD 7, WHICH IS APPROXIMATELY 8936 SQUARE FEET TO 7707 WEST COMMERCIAL BOULEVARD, WHICH IS APPROXIMATELY 12,748 SQUARE FEET.

A RESPONSE LETTER TO THE ZONING, VERIFICATION AND PUBLIC RECORDS REQUEST, DATED MAY 9TH, 2022, WAS PROVIDED FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT TO THE REQUESTOR.

[02:30:07]

THE LETTER ADVISED THE REQUESTER OF THE CODE'S NONCONFORMING DOCTRINE, CONTAINED IN SECTION 1.9 OF THE CITY'S CODE, REQUIRING A CHANGE OF A NONCONFORMING USE TO BE CONFORMING. THEREFORE, THE CHANGE FROM ONE LOCATION TO THE NEXT IS CONSIDERED EXPANSION AND RELOCATION, AND AS SUCH, A CHANGE IS REQUIRED TO CONFORM.

ON MAY 12, 2020 TO A CASE DEVELOPMENT APPLICATION FOR ADMINISTRATIVE APPEAL WAS SUBMITTED BY RUSSELL CORMIACAN OF THE INTERPRETATION RENDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT WITHIN THE ZONE OF VERIFICATION LETTER DATED MAY 9TH, 2022, REGARDING THE RELOCATION OF THE TRAPEZE TO 7707 WEST COMMERCIAL BOULEVARD.

IN ACCORDANCE WITH SECTION 10-5.4(R) LAND DEVELOPMENT CODE.

THE PURPOSE OF THE ADMINISTRATIVE APPEALS SECTION IS TO ESTABLISH AN ADMINISTRATIVE REMEDY WHEREBY PERSONS CLAIMING TO HAVING BEEN AGGRIEVED BY A DECISION OR THE DIRECTOR OR ANY OTHER ADMINISTRATIVE OFFICIAL AND ADMINISTRATING THE LAND DEVELOPMENT CODE MAY APPEAL THAT DECISION ADMINISTRATIVELY.

ANY PARTY AGGRIEVED BY THE BY DECISION, INTERPRETATION OR ORDER MADE BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OR OTHER ADMINISTRATIVE OFFICIAL AND ADMINISTRATING OR ENFORCING THE PROVISIONS OF THE LDC MAY APPEAL THE DECISION, INTERPRETATION OR OTHER OR ORDER TO THE PLANNING BOARD BY SUBMITTING AN ADMINISTRATIVE APPEAL APPLICATION TO THE DIRECTOR OF COMMUNITY DEVELOPMENT WITHIN 30 DAYS.

THE PLANNING BOARD, THEY SHALL REVIEW THE APPLICATION, HOLD A QUASI JUDICIAL PUBLIC HEARING AND DECIDE THE APPLICATION.

THE DECISION SHALL BE ONE OF THE FOLLOWING.

YOU SHALL NUMBER ONE AFFIRMATION OF THE DECISION OR INTERPRETATION OR ORDER BEING APPEALED IN WHOLE OR IN PART.

NUMBER TWO, MODIFICATION OF THE DECISION, INTERPRETATION OR ORDER BEING APPEALED IN WHOLE OR IN PART, OR REVERSING THE DECISION INTERPRETATION OR ORDER BEING APPEALED AND OR IN PART IN DECIDING AN APPLICATION.

THE PLANNING BOARD SHALL MAKE ANY ORDER, REQUIREMENT, DECISION OR DETERMINATION THAT, IN ITS OPINION, OUGHT TO BE MADE IN THE CIRCUMSTANCES AND SHALL HAVE ALL THE POWERS OF THE OF THE OFFICIAL FROM WHOM THE APPEAL IS TAKEN.

APPEAL OF THE PLANNING BOARD DECISION SHALL BE MADE 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 OFFICIALS AND APPLYING THE SAME PROVISIONS TO THE LDC IN THE SAME CIRCUMSTANCE.

THE DECISION ON AN ADMINISTRATIVE APPEAL APPLICATION DOES NOT EXPIRE BUT SHALL REMAIN VALID, EXCEPT TO THE EXTENT THAT THE LDC IS SUBSEQUENTLY AMENDED TO REFLECT ANY REVERSAL OR MODIFICATION OF THE DECISION, INTERPRETATION OR ORDER THAT WAS APPEALED.

SO PROVIDED FOR THE INTEROFFICE MEMORANDUM FOR THE TRAPEZE MEMBERS-ONLY MANAGEMENT LLC ADMINISTRATIVE APPEAL, OR RESPONSES TO THE ADMINISTRATIVE APPEALS STANDARDS AS APPLIED TO THE SUBJECT PETITION, AND IT IS THE OPINION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT THAT THE INTERPRETATION RENDERED WITHIN THE ZONING VERIFICATION LETTER DATED MAY 9TH, 2022, REGARDING THE RELOCATION OF THE TRAPEZE TO 7707 WEST COMMERCIAL BOULEVARD IS SUPPORTED BY COMPETENT, SUBSTANTIAL EVIDENCE THAT INCLUDES ALL DOCUMENTS, HEARING RECORDS AND OTHER MATERIALS RELATED TO THE INTERPRETATION, AND AS SUCH, ANY RELOCATION OF THE TRAPEZE USE TO 7707 WEST COMMERCIAL BOULEVARD IS PROHIBITED AS ADULT ENTERTAINMENT USES ARE PROHIBITED IN THE MU-G ZONING DISTRICT, AND SO FINALLY, 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 MAY 9TH, 2022, REGARDING THE RELOCATION OF THE TRAPEZE TO 7707 WEST COMMERCIAL BOULEVARD AT ITS JUNE 1ST, 2022 MEETING, AND THIS CONCLUDES A STAFF PRESENTATION.

I'LL ACCEPT ANY QUESTIONS.

THANKS STAFF. BEFORE WE DO THAT, IS THERE ANYBODY FROM THE PUBLIC WHO WOULD LIKE TO COMMENT ON THIS ITEM? YES, I WOULD LOVE TO.

COULD YOU PLEASE COME UP AND STATE YOUR NAME FOR THE RECORD, PLEASE? I'M STEWART MICHAELSON.

I'M A RESIDENT OF THE CITY OF TAMARAC.

I ALSO RESIDE IN DISTRICT TWO, AND THIS LOCATION ON COMMERCIAL BOULEVARD THAT THEY'RE SEEKING TO LOCATE AT IS IN DISTRICT TWO.

SO IT'S IN THE DISTRICT WHERE I LIVE, AND I JUST HAVE A COUPLE OF QUESTIONS AND ONE COMMENT AT THE BEGINNING OF--I WANT TO CLARIFY ONE OTHER THING.

I'M A RETIRED LAWYER.

I NO LONGER PRACTICE LAW.

I'M NOT HERE AS A LAWYER.

I'M HERE ON MY OWN BEHALF.

AT THE BEGINNING OF HIS PRESENTATION, MR. CORMICAN STATED THAT THE CLUB DIDN'T OPEN UNTIL 8 P.M, AND THAT THERE WERE NO FAMILIES OR CHILDREN OUT AFTER 8 P.M..

I WAS HAPPY TO SEE HIM ACKNOWLEDGE IN THAT FASHION THAT THIS USE WOULD CREATE PROBLEMS, PERHAPS FOR

[02:35:04]

FAMILIES OF CHILDREN, BUT I DISAGREE WITH HIM.

THERE ARE CERTAINLY FAMILIES OUT AFTER 8:00, AND WHETHER OR NOT THERE ARE CHILDREN OUT AFTER 8:00 WOULD DEPEND ON HOW YOU INTERPRET THE WORD CHILD, BUT THERE ARE CERTAINLY FAMILIES OUT AFTER 8:00.

SO THAT STATEMENT THAT HE MADE IS INCORRECT.

SO ANY ASSUMPTIONS THAT THIS IS PREDICATED ON ABOUT FAMILIES NOT BEING OUT AFTER 8:00 PUTS THE ENTIRE TO MY MIND, PUTS THE ENTIRE THING IN QUESTION. THEN ONE THING THAT IS VAGUE.

I DID LOOK AT THE BACKUP.

I LISTENED TO THE PRESENTATION.

THERE DOESN'T APPEAR TO BE ANY CUTOFF FOR ADMISSION BASED ON AGE.

MY QUESTION IS, WHAT WOULD HAPPEN IF A COUPLE OF, SAY, TWO, 19 YEAR OLD PEOPLE TRIED TO ENTER OR 16 YEAR OLD PERSON OR A 15 YEAR OLD PERSON? THERE DOESN'T SEEM TO BE ANY RULE THAT THEY HAVE THAT WOULD LIMIT TEENAGERS OR PERHAPS CHILDREN FROM ENTERING , AND THEN ANOTHER QUESTION I HAVE IS WHEN I WAS A LAWYER, I DID HAVE ISSUES WITH BOTTLE CLUBS.

I USED TO REPRESENT THE CITY OF DEERFIELD BEACH FOR MANY YEARS.

THERE WAS A USE OUT ON, GOING BACK TO THE 1980S, BUT ON HILLSBORO BOULEVARD, WEST OF DEERFIELD BEACH.

I THINK AT THE TIME IT WAS UNINCORPORATED.

I THINK IT WOULD PROBABLY BE CORAL SPRINGS NOW, BUT THERE WAS A PLACE THERE CALLED THE HIDEAWAY OR SOMETHING LIKE THAT.

IT WAS A SIMILAR USE.

THIS WAS A CLUB THAT OPENED UP IN THE SEVENTIES, AND MY RECOLLECTION IS THE DEERFIELD BEACH POLICE DEPARTMENT, THIS IS BEFORE BSO TOOK THAT OVER IN 1992, I BELIEVE IT WAS, THE DEERFIELD BEACH POLICE DEPARTMENT AT THAT TIME USED TO ACTUALLY WATCH THIS PLACE BECAUSE PEOPLE WOULD DRINK TOO MUCH AND THEN COME OUT ON HILLSBORO AND THEN DRIVE EAST, AND THEN THEY'D END UP IN DEERFIELD BEACH, AND THAT CREATED PROBLEMS. I BELIEVE THAT ONE OF THE CONCERNS WAS THAT PLACE WAS ALSO A BOTTLE CLUB AND WHEN YOU HAVE A BOTTLE CLUB, YOU DON'T HAVE THE PROTECTION OF HAVING A BARTENDER MANAGE THE ALCOHOL BECAUSE BARTENDERS AND THIS HAS BECOME MORE PROMINENT AS WE'VE SINCE THE EIGHTIES, YOU'VE GOT MUCH MORE CONCERNED ABOUT DRUNK DRIVING.

THE LAWS HAVE BECOME MORE STRICT AS THEY SHOULD HAVE DONE MUCH EARLIER, BUT FINALLY, THE LAWS ARE STRICT AND WHEN YOU HAVE SOMEBODY WHO BRINGS THEIR OWN BOTTLE IN.

I'VE NEVER BEEN A PATRON IN A BOTTLE CLUB, SO THIS IS A QUESTION I HAVE WHEN A PATRON COMES IN AND BRINGS THEIR OWN BOTTLE AND THEY OWN THE BOTTLE.

HOW DOES SOMEBODY TELL THEM YOU CAN'T HAVE ANYMORE? YOU'VE DRANK TOO MUCH.

LIKE A BARTENDER, AT LEAST IN A QUALITY ESTABLISHMENT WILL CUT A PATRON LIKE THAT OFF, BUT I DON'T SEE THAT HAPPENING IN A BOTTLE CLUB, AND THEN I HAVE THE QUESTION.

HAS THE CITY HAD EXPERIENCE WITH BOTTLE CLUBS? I DON'T KNOW THE ANSWER TO THAT QUESTION, BUT I CAN TELL YOU THAT THE ONE I TOLD YOU ABOUT ALREADY, THIS HIDEAWAY PLACE THAT WAS IN DEERFIELD BEACH, WAS NOT THE ONLY BOTTLE CLUB DEERFIELD BEACH HAD ISSUES WITH.

IT WAS ONE MORE RECENTLY THAT THE CITY ENDED UP IN COURT WITH.

IN FACT, I HANDLED THAT CASE FOR THE CITY AND IT WAS A BOTTLE CLUB AND THERE WAS FREQUENT PROBLEMS WITH PEOPLE DRIVING WHO WERE INTOXICATED OR PEOPLE OUTSIDE THE PREMISES WHO WERE INTOXICATED AND SO I JUST HAVE QUESTIONS ABOUT WHAT TYPE OF EXPERIENCE HAS THIS CITY HAD WITH BOTTLE CLUBS? I DON'T KNOW THE ANSWER TO THAT QUESTION AND ALSO IN OTHER AREAS IN BROWARD COUNTY, AND I THINK MY LAST COMMENT IS JUST GOES BACK TO THE FIRST ONE ABOUT FAMILIES OF CHILDREN.

IF THERE WERE FAMILIES WITH CHILDREN OUT AT 8:00 AND THIS PLACE WERE OPERATING, I THINK WE COULD ALL AGREE THAT IT WOULD BE AT LEAST PRESENTING AN OPPORTUNITY TO BE VERY UNCOMFORTABLE FOR THE PARENTS AND PERHAPS VERY CONFUSING FOR THE CHILDREN, AND I THINK THE CITY SHOULD LOOK AT THAT VERY CLOSELY.

THANK YOU. OKAY, THANK YOU VERY MUCH.

[02:40:01]

MAY I BE PERMITTED TO RESPOND TO SOME OF THE QUESTIONS THAT HE POSED TO--I THINK THEY WERE SORT OF--I THINK THEY WERE DIRECTED TO THE APPLICANT.

WOULD THAT BE APPROPRIATE? I THINK THAT FIRST YOU SHOULD ALLOW ALL OF THE PEOPLE THAT MAY WANT TO SPEAK, CLOSE PUBLIC COMMENT AND THEN ALLOW AN OPPORTUNITY TO BOTH THE APPLICANT AS WELL AS STAFF TO POTENTIALLY RESPOND TO ANY QUESTIONS.

I DIDN'T REALIZE THERE WERE OTHERS. ARE THERE ANY OTHER MEMBERS OF THE PUBLIC THAT WOULD SPEAK ON THIS ITEM? NOT SEEING ANY.

WE WILL CLOSE THE PUBLIC COMMENT PERIOD AND WE WILL RETURN TO THE APPLICANT.

IF YOU WOULD LIKE TO RESPOND TO THE QUESTIONS THE GENTLEMAN HAD.

YES. THANK YOU FOR GIVING ME THAT OPPORTUNITY.

MR. MICHAELSON, I'M HAPPY TO RESPOND TO YOUR QUESTIONS.

I UNDERSTAND WHAT YOU'RE ASKING, AND I UNDERSTAND YOUR CONCERN IN THOSE AREAS.

THE FIRST THING I WANTED TO TALK ABOUT WAS YOUR CONCERN ABOUT THE AGE OF THE PEOPLE THAT WERE PERMITTED ACCESS TO THE CLUB.

TRAPEZE HAS AN AGE LIMIT OF 21 AND UP FOR BOTH THE MEMBERS AND THE EMPLOYEES.

SO THERE'S NO INSTANCE OF SOMEONE BEING 19 OR 20 OR 18 BEING PERMITTED TO ENTER THE CLUB AS NEITHER AN EMPLOYEE NOR A MEMBER.

SO THAT DOES CUT OFF THE POSSIBILITY OF TEENAGERS ENTERING THE CLUB, AS MR. MICHAELSON WAS CONCERNED ABOUT.

21 IS THE YOUNGEST AGE.

NOW, REALISTICALLY, VERY FEW PEOPLE IN THAT AGE BRACKET ACTUALLY VISIT THE CLUB.

THE TARGET MARKET FOR THE CLUB IS BETWEEN 30 AND 50 YEARS OF AGE BECAUSE THAT'S THE GROUP THAT'S THERE.

YOU DON'T TEND TO GET PEOPLE THAT ARE YOUNGER THAT WANT TO COME IN.

ALSO, IT'S QUITE EXPENSIVE TO COME TO THE CLUB, SO YOU HAVE TO BE A PERSON THAT'S GOT SOME MEANS TO GO THERE.

SO WHILE TECHNICALLY YOU CAN BE IN YOUR TWENTIES AND GO TO THE CLUB FROM 21 TO 29, THAT'S NOT THE STANDARD OR TYPICAL PERSON THAT IS FOUND IN THE CLUB.

NEXT, MR. MICHAELSON BROUGHT UP SOME CONCERNS ABOUT BOTTLE CLUBS AND THE WAY THAT THEY WORK.

HE EVEN ADMITTED HE'D NEVER BEEN TO A BOTTLE CLUB.

THE FIRST THING I WANT TO POINT OUT IS TRAPEZE IS NOT LICENSED AS A BOTTLE CLUB, A BOTTLE CLUB HAS A SPECIFIC TYPE OF ABT LICENSE.

THE WAY THAT THEY'RE SET UP, THEY'RE A PRIVATE CLUB, NOT FOR PROFIT, AND WHEN YOU HAVE THAT DESIGNATION, YOU DON'T HAVE TO GET A BOTTLE OF CLUB LICENSE JUST BECAUSE YOU'RE A PRIVATE CLUB. YOUR MEMBERSHIP IS ALLOWED TO BRING ALCOHOL OF THEIR OWN, BUT IT'S NOT LIKE THEY JUST BRING A BOTTLE AND THEY SET IT ON THEIR TABLE OR CARRY IT AROUND WITH THEM AND HAVE AS MUCH TO DRINK AS THEY WANT.

THE WAY IT WORKS IS WHEN THE MEMBER ARRIVES, THEY HAVE A MEMBERSHIP NUMBER AND THE BOTTLE HAS A NUMBER PLACED ON IT THAT CORRESPONDS WITH THEIR MEMBERSHIP NUMBER AND THEY'RE GIVEN A WRISTBAND THAT HAS THAT NUMBER ON IT AS WELL, AND THEN IT'S TAKEN TO A BAR AND PUT BEHIND THE BAR.

SO THE MEMBER DOESN'T TOUCH THE BOTTLE ONCE IT COMES INTO THE CLUB.

THE CLUB EMPLOYS BARTENDERS.

THE BARTENDERS SERVE THE DRINKS TO THE MEMBERS, BUT THE BOTTLES BELONG TO THE MEMBERS.

THEY CLUB DOESN'T PROVIDE THE ALCOHOL.

THEY JUST PROVIDE THE PERSON THAT'S POURING THE DRINK, AND WHEN THE MEMBER COMES UP TO GET A DRINK, THEY HAVE TO HAVE THE CORRESPONDING NUMBER ON THEIR WRISTBAND THAT GOES WITH THAT BOTTLE, AND ONLY THAT PERSON CAN CAN DRINK FROM THAT BOTTLE.

ALL THE BARTENDERS AT THAT ARE EMPLOYED BY TRAPEZE ARE WHAT'S CALLED TIP CERTIFIED, MEANING THAT THEY GO TO ANNUAL TRAINING THROUGH THROUGH THE STATE, AND THEY'RE TRAINED ON THINGS LIKE OBSERVING PATRONS WHO ARE OVERLY IMPAIRED, NOT OVERSERVING PATRONS.

THE STATE HAS A PROGRAM FOR BARTENDERS THAT'S DESIGNED TO SERVE THOSE ENDS AND ADDRESS THOSE CONCERNS.

SO I UNDERSTAND MR. MICHAELSON'S CONCERN IN THAT REGARD, BUT I DON'T THINK THEY APPLY TO TRAPEZE, BECAUSE TRAPEZE, AGAIN, DOES NOT THE MEMBER DOES NOT SERVE HIS OWN DRINKS AND A BARTENDER DOES THAT. THAT BARTENDER IS MONITORING WHAT'S BEING DONE, AND THAT BARTENDER IS TRAINED NOT TO OVERSERVE OR TO DETECT SOMEONE WHO IS OVERLY IMPAIRED , AND HIS FINAL POINT THAT HE BROUGHT UP WAS CONCERNING THE ABILITY OF FAMILY AND CHILDREN TO BE IMPACTED BY THE CLUB'S PRESENCE.

I REALLY DIDN'T MEAN TO MAKE THAT TOO MUCH OF A FOCUS OF MY PRESENTATION.

I WAS MERELY POINTING OUT THAT THE CLUB IS OPEN AT NIGHT AND THERE TENDS TO BE LESS ACTIVITY WITH YOUNGER CHILDREN AND FAMILIES OUT AT THAT HOUR.

NOT TO SUGGEST THAT IT'S IMPOSSIBLE THAT A FAMILY COULDN'T BE OUT AT 8:00 AT NIGHT, BUT THAT'S JUST WHEN THE CLUB OPENS THE DOORS.

IT'S FROM 8 TO, I BELIEVE, 2 OR 3 A.M.

OR SOMETHING LIKE THAT. SO IT'S IN EVENING HOURS; IT'S NOT WHILE DAYTIME BUSINESSES ARE OPEN.

[02:45:02]

IT'S NOT WHILE KIDS ARE GOING TO SCHOOL, AND HIS OTHER CONCERN ABOUT, WELL, IF A FAMILY WENT BY, MAYBE THEY WOULD BE UNCOMFORTABLE IF THEY SAW THE CLUB THERE.

THE WAY THAT TRAPEZE PRESENTS ITSELF AND WHICH IS HOW I STARTED MY PRESENTATION IS IN A MANNER THAT YOU COULD WALK BY THIS PLACE EVERY DAY FOR YEARS AND HAVE NO CLUE WHAT IT IS.

I MEAN, IT'S A BLANK BUILDING WITH THE WORD TRAPEZE ON IT, AND THAT'S IT.

THERE'S NO ADVERTISING.

THERE'S NO, YOU KNOW, SALACIOUS PICTURES.

THERE'S NO FLASHING NEON.

IT'S PRESENTED IN A WAY WHERE IF YOU IF A FAMILY CAME BY, CHANCES ARE THEY PROBABLY WOULDN'T EVEN KNOW WHAT IT IS, AND IF THEY HAD A CHILD WITH THEM AND WHO ASKED WHAT IT IS, THERE WOULD BE NO WAY FOR THE CHILD THAT WOULD THINK OF ANYTHING WAS UNUSUAL.

IT'S IT'S PRESENTED THAT WAY DELIBERATELY.

AGAIN, FOR THE DISCRETION OF THE MEMBERS OF THE CLUB, BUT ALSO TOTO CREATE LESS OF AN IMPACT ON THE SURROUNDING AREA.

SO I DON'T THINK IT WOULD IMPACT FAMILIES OR CHILDREN IN ANY WAY, AND THAT WAS MY ONLY POINT FOR BRINGING UP THE OPERATING HOURS.

THEY'RE NOT EVEN OPEN DURING THE DAYTIME.

SO I THINK THAT RESPONDS TO THE THREE QUESTIONS THAT MR. MICHAELSON ASKED, AND I'M HAPPY TO TAKE ANY MORE QUESTIONS.

OKAY, DOES STAFF HAVE ANY HAVE ANYTHING FURTHER? WE ADDED A BOTTLE CLUB TO THE CODE IN 2018 AND IT'S PROHIBITED IN ALL ZONING DISTRICTS.

THE DEFINITION IS A COMMERCIAL ESTABLISHMENT OPERATED FOR PROFIT, WHEREIN PATRONS CONSUME ALCOHOLIC BEVERAGES WHICH ARE BROUGHT ONTO THE PREMISES AND NOT SOLD BY THE ESTABLISHMENT.

OKAY, WITH THAT, I THINK WE'LL BRING THE ITEM TO THE BOARD FOR ANY COMMENTS OR QUESTIONS.

DOES ANYBODY HAVE ANY? QUESTIONS FOR STAFF.

ROB, IF YOU COULD PULL UP YOUR SLIDE OF THE DEFINITION OF A PRIVATE LODGE OR CLUB.

YEAH, THAT ONE. SO OBVIOUSLY THE FOCUS OF THE SECTION IS THE LAST SENTENCE THAT IT DOES NOT INCLUDE SOCIAL MEMBERSHIP CLUBS IF PRIVATE CLUB OR LODGE DESIGNATION DOES NOT INCLUDE SOCIAL MEMBERSHIP CLUBS, WHAT DESIGNATION IN THE CITY DOES INCLUDE SOCIAL MEMBERSHIP CLUBS? OR WOULD. WE DON'T HAVE A DEFINITION THAT WOULD INCLUDE SOCIAL MEMBERSHIP CLUBS OR DESIGNATION AT THE TIME IN 2018, WHEN WE PROVIDED FOR DEFINITIONS WITHIN THE NEW CODE.

WE EXCLUDED SOCIAL MEMBERSHIP CLUBS FROM THIS DEFINITION BECAUSE WE WERE HAVING A LOT OF REQUESTS FOR PRIVATE CLUBS THAT WANTED TO COME IN AND ESSENTIALLY CIRCUMVENT THE NIGHT CLUB SPECIAL EXCEPTION REQUIREMENTS.

SO THEY WANTED TO COME IN AS A CLUB PRIVATE, THEY WERE COMING IN AS A CLUB PRIVATE , BUT THEN THEY WANTED TO ESSENTIALLY HAVE DANCING AND BE THEIR OWN PRIVATE NIGHTCLUB, AND SO IN ORDER TO PREVENT THAT, WE EXCLUDED SOCIAL MEMBERSHIP CLUBS FROM THIS DEFINITION, AND THEN WE ALSO ADDED AND THEN WE ALSO ADDED THE DEFINITION FOR A HALL FOR HIRE, BECAUSE A LOT OF THESE WERE COMING UNDER BANQUET FACILITIES, AND SO THEN THAT'S WHEN AND THEY WEREN'T PROVIDING BANQUETS AT ALL.

SO THEN WE ALSO PROVIDE IT FOR THE DEFINITION FOR A HALL FOR HIRE, WHICH IS A FACILITY OR HALL AVAILABLE FOR LEASE BY PRIVATE PARTIES TO ACCOMMODATE PRIVATE FUNCTIONS AND IS NOT OPEN TO THE GENERAL PUBLIC.

THE HALL MAY OR MAY NOT INCLUDE KITCHEN FACILITIES OR THE PREPARATION OF FOOD.

PRIVATE FUNCTIONS CAN INCLUDE, BUT NOT LIMITED TO BANQUETS, WEDDINGS, ANNIVERSARIES AND OTHER SIMILAR FUNCTIONS, AND THEN WE MADE THAT HALL FOR HIRE, A SPECIAL EXCEPTION WITHIN ALL ZONING DISTRICTS THAT IT'S PERMITTED IN.

SO WE DID THAT TO TRY TO PREVENT THESE PRIVATE NIGHTCLUBS THAT WERE PROPOSING TO BE LOCATED IN THE CITY.

KEEPING THAT IN MIND IT, IT SEEMS THAT THE CITY HAS ONE OR TWO POSITIONS.

EITHER THE CITY FEELS THAT THE APPLICANT WOULD EITHER BE A SOCIAL MEMBERSHIP CLUB OR IT WOULD BE ADULT ENTERTAINMENT.

ALL OF THE ADULT ENTERTAINMENT DEFINITIONS TALK ABOUT EMPLOYEES BEING INVOLVED AND THERE BEING SOME SORT OF CONSIDERATION OR COMPENSATION.

[02:50:03]

TO ME, MY OPINION, THEY DON'T MEET THE DEFINITION OF ADULT ENTERTAINMENT.

SO THEN IF THE CITY CAME BACK AND SAID, WELL, THEY'RE A SOCIAL MEMBERSHIP CLUBS SO THEY DON'T FALL UNDER CLUB OR LODGE PRIVATE, THERE IS NO OTHER DESIGNATION IN THE CITY, IF I UNDERSTAND YOU CORRECTLY, THAT ACCOMMODATES A SOCIAL MEMBERSHIP CLUB.

SO IS IT THE CITY'S POSITION THAT SOCIAL MEMBERSHIP CLUBS ARE PERMITTED NOWHERE IN THE CITY? WELL, WE DO NOT HAVE A USE LISTING FOR SOCIAL MEMBERSHIP CLUBS AND SO IF YOU DON'T, THEN IT SHOULD NOT BE A CRITERIA, IN MY OPINION.

WELL, WE ARE CATEGORIZING THIS USE AS AN ADULT ENTERTAINMENT USE.

THAT THIS USE MEETS THE DEFINITION OF AN ADULT ENTERTAINMENT USE, AND THE CITY DOES NOT CONSIDER THEM A SOCIAL MEMBERSHIP CLUB.

THAT'S CORRECT. THAT'S THE ENTIRE CRUX OF THE MATTER.

THE CITY HAS TAKEN THE POSITION IF THIS USE WERE TO RELOCATE OR EXPAND THAT IT WOULD NEED TO CONFORM AND THAT IT IS AN ADULT ENTERTAINMENT USE.

SO THAT'S THE CITY'S POSITION.

SO IT'S NOT ONE OR THE OTHER.

SO THE REASON I ASK THAT, IF THE BOARD DETERMINED THAT THEY WERE NOT OR THE BOARD DECIDED THAT THEY WERE NOT IN ADULT ENTERTAINMENT, THE CITY IS NOT GOING TO COME BACK AND SAY, WELL, THEN THERE ARE SOCIAL MEMBERSHIP CLUBS, SO THEY CAN'T BE QUALIFIED AS A CLUB OR LODGE PRIVATE EITHER.

NO, THIS IS CITY ATTORNEY.

LET ME MAKE IT CLEAR, OUR CODE IS EITHER YOU ARE A PERMITTED USE IN OUR USE TABLE OR YOU'RE PROHIBITED USE OR YOU OTHERWISE FIT THE CLOSEST OR NEAREST CATEGORY WHICH IS IN THE DISCRETION OF THE DIRECTOR, MS. CALLOWAY AND WHAT STAFF HAS REPEATEDLY SAID TO YOU AND I APPRECIATE THE QUESTION BECAUSE IT CRYSTALLIZES THE ISSUE IS THERE NO LONGER IS THAT CATEGORY THAT THE APPLICANT IS ASKING YOU TO PUT THEM IN THAT BOX.

IT NO LONGER EXISTS.

CLUB OR LODGE PRIVATE STILL EXISTS THAT.

THE LANGUAGE THAT CURRENTLY EXISTS, IT WOULD EXCLUDE THIS TYPE OF CLUB.

NO, BECAUSE ROB JUST SAID THAT THEY'RE NOT CONSIDERED A SOCIAL MEMBERSHIP CLUB.

SO EITHER THEY'RE ADULT ENTERTAINMENT OR THEY'RE A CLUB OR LODGE PRIVATE.

CORRECT ME IF YOU DISAGREE.

NO, WE'RE SAYING THEY'RE NOT A CLUB OR LODGE PRIVATE.

THEY CAN BE A SOCIAL MEMBERSHIP CLUB.

THAT'S WHAT THEY'RE CALLING THEMSELVES, BUT WE'RE SAYING THEY'RE AN ADULT ENTERTAINMENT ACTIVITY.

I UNDERSTAND THAT, BUT HOW DO YOU GET AROUND EVERY DEFINITION FOR ADULT ENTERTAINMENT TALKS ABOUT COMPENSATION.

NO, THAT'S NOT CORRECT. NOT EVERY DEFINITION.

WOULD YOU PULL IT UP FOR THE BOARD MEMBER, ROB, THE TWO DEFINITIONS THAT ARE IN THE CODE? AND SO THAT'S A VERY BROAD DEFINITION THAT SAYS ANY DATING SERVICE AND ANY OTHER SIMILAR ADULT ENTERTAINMENT BUSINESS.

SO WE HAVE PULLED UP THE WEBSITE.

WE HAVE SHOWN YOU BASICALLY WHAT'S OCCURRING AT THAT LOCATION, THE USE IS SIMILAR TO THAT OF AN ADULT ENTERTAINMENT BUSINESS. ALL RIGHT.

SO THE CODE HAS TWO SEPARATE DEFINITION, AND ONLY ONE DEFINITION REFERS TO CLIENTS AND ITS EMPLOYEES, BUT THERE'S A BROADER ADULT ENTERTAINMENT DEFINITION THAT INCLUDES A MYRIAD OF USES, AND IT'S OPEN TO SIMILAR ADULT ENTERTAINMENT BUSINESS.

WOULD YOU NOT AGREE THAT ALL OF THE USES IN THE FIRST DEFINITION WOULD REQUIRE SOME SORT OF COMPENSATION? THEY'RE PAYING A FEE.

THAT'S A MEMBERSHIP FEE.

I MEAN IT'S A FEE. IT'S COMPENSATION.

THEY'RE NOT GETTING IN FREE.

THEY'RE NOT PAYING.

THEY'RE NOT ENGAGING WITH EMPLOYEES, AND THEY'RE NOT PAYING EMPLOYEES.

READ THE VERY FIRST, AND I UNDERSTAND IT LOOKS LIKE YOU'VE ALREADY TAKEN A POSITION TO SUPPORT THE APPLICANT, BUT READ THE DEFINITION IN ITS ENTIRETY.

WHICH ONE, THE FIRST ONE OR SECOND ONE? THE FIRST ONE. IT'S LIST OUT SOME USES AND ANY OTHER SIMILAR ADULT ENTERTAINMENT BUSINESS, AND THERE'S NOT A QUALIFIER THAT THERE BE COMPENSATION.

IT'S RIGHT THERE IN SECTION 10.63.

THE DEFINITION OF ADULT ENTERTAINMENT, THE FIRST BOX.

YEAH, BUT YOU CAN'T JUST PICK THE FIRST BOX.

BOTH OF THESE BOXES ARE IN THE CODE.

THEY BOTH EXIST THERE.

SO THE FIRST ONE IS JUST A LIST OF BUSINESS TYPES.

[02:55:03]

IT DOESN'T TELL YOU ANYTHING ABOUT THE CHARACTERISTICS OF THOSE BUSINESSES.

IT SAYS, YOU KNOW, A LIST OF BUSINESS TYPES.

THE SECOND DEFINITION TELLS YOU THE CHARACTERISTICS OF THE BUSINESS, AND THAT'S IMPORTANT BECAUSE IT SAYS, FIRST OF ALL, THERE'S ACTIVITIES FOR COMPENSATION AND THAT THOSE ACTIVITIES FOR COMPENSATION ARE OCCURRING BETWEEN CLIENTS AND EMPLOYEES, NOT AMONG MEMBERS OF A CLUB, AND THERE'S A THERE'S A THIRD DEFINITION THAT'S NOT ON THIS SCREEN THAT WAS ON THE SLIDE THAT I PUT UP THAT'S IN SECTION 1276 OF THE CODE, WHICH SPECIFICALLY DEFINES ENCOUNTER PARLORS USING THE EXACT SAME LANGUAGE AS 10.63. I THINK IN THE LAST MEETING, WE TOLD YOU THAT DEFINITION IS NULL AND VOID; IT'S BEEN SUPERSEDED.

AS YOU ALL RECALL, AND I'M SAYING IT AGAIN, FOR THE RECORD, ON THIS PROCEEDING, THE DEFINITION IN CHAPTER 12 THAT THE APPLICANT KEEPS REFERRING TO HAS BEEN SUPERSEDED BY THESE DEFINITIONS IN CHAPTER 10 IS NOT PART OF THE CODE.

IT MAY STILL BE IN THE CODE, BUT THE CITY DOES NOT APPLY IT BECAUSE THE CITY HAS ADOPTED NEW REGULATIONS THAT SUPERSEDE IT.

THERE'S A WHOLE BODY OF CASE LAW THAT I'M INSTRUCTING YOU ALL THAT SAYS YOU TAKE THE MOST RECENT REGULATIONS, THE MORE SPECIFIC ONES THAT SUPERSEDE THE OLDER REGULATIONS.

WE WILL AT SOME POINT IN TIME, AS PART OF THE PROCESS OF MAKING SURE THAT THE CODE IS COMPLETE, DELETE THAT LANGUAGE BECAUSE IT IS NO LONGER EFFECTIVE.

I INSTRUCTED YOU ALL THE LAST TIME AND I'M SAYING THE SAME THING HERE.

THE APPLICANT IS TRYING TO ARGUE DIFFERENTLY, AND ULTIMATELY, YOU KNOW, IT MAY BE ANOTHER BODY THAT MAKES THAT DETERMINATION, BUT MY INSTRUCTIONS TO YOU IS THAT THE APPLICABLE DEFINITIONS ARE THE ONES THAT YOU HAVE RIGHT IN FRONT OF YOU.

TWO QUICK POINTS IN RESPONSE TO THAT.

ONE, THEY MAY WANT TO GET RID OF IT AT SOME POINT, BUT IT'S THERE.

I JUST LOOKED IT UP. IT'S IN THE CODE.

THE SECOND THING IS IT'S REALLY SIX [INAUDIBLE] ONE HALF A DOZEN OR THE OTHER, BECAUSE THE DEFINITION OF ENCOUNTER PARLOR THAT THEY'RE TALKING ABOUT THAT THEY WANT TO GET RID OF IS WORD FOR WORD IDENTICAL TO THE DEFINITION OF ADULT ENTERTAINMENT THAT'S UP THERE ON THE SCREEN IN 10-6.3, INCLUDING THE LANGUAGE ABOUT ACTIVITIES FOR COMPENSATION AND INCLUDING THE LANGUAGE RESTRICTING THAT DEFINITION TO BUSINESSES WHERE THOSE ACTIVITIES OCCUR BETWEEN CLIENTS AND EMPLOYEES OF THE BUSINESS.

SO IT REALLY MAKES NO DIFFERENCE.

ALL IT DOES IS SHOW YOU THAT'S ALWAYS THE WAY THAT THEY'VE DEFINED THIS, AND NOW THEY'RE TRYING TO SQUEEZE THIS BUSINESS INTO SOMETHING THAT IT DOESN'T REALLY FIT INTO AND TRYING TO IGNORE THAT, BUT IT WAS THAT WAY BEFORE UNDER THE OLD LAW.

IT'S THAT WAY UNDER THE NEW LAW; THE OLD LAW, WHETHER THEY GOT RID OF IT OR NOT, IT'S STILL THERE, BUT IT DOESN'T REALLY MATTER BECAUSE THE NEW ONE SAYS THE SAME EXACT THING, WORD FOR WORD. I DON'T HAVE ANY OTHER QUESTIONS.

ANY QUESTIONS FROM ANY OF THE OTHER MEMBERS.

I HAVE A FEW QUESTIONS.

YOU KNOW, THAT SLIDE YOU WOULD PUT UP IN YOUR PRESENTATION WHERE YOU'RE SHOWING WHAT THE THREE AREAS OF THE CLUB COVER, IS THERE A WAY YOU CAN POP IT BACK UP ON THE SCREEN? CAN YOU PULL THAT UP? THANK YOU, ROB.

OKAY, I CAN SPEAK WHILE HE'S TRYING TO FIND IT.

[INAUDIBLE].

ARE YOU TALKING ABOUT FROM MY PRESENTATION? YES, IN YOUR PRESENTATION YOU HAD PLACED ON THERE, YOU WERE DESCRIBING BASICALLY THREE AREAS YOU SAID YOUR CLUB WAS COVERING.

YOU KNOW, YOU HAVE THE MEMBER COME IN AND THEY HAVE THE SOCIAL AREA.

THEN YOU HAD THE DANCE AREA, THEN YOU HAD THE PRIVATE AREA, AND THEN YOU BROKE DOWN WHAT WERE THEY USED FOR? OKAY, THIS AREA, LET'S STAY HERE FOR ONE SECOND. THIS IS GOOD.

THIS IS NOT THE SLIDE THAT I WAS LOOKING FOR, BUT WE CAN WORK WITH THIS.

THIS PRIVATE AREA THAT YOU'RE REFERRING TO, WHAT PERCENTAGE OF YOUR MEMBERS UTILIZE THIS AREA? HARD TO SAY, BECAUSE THEY DON'T REALLY KEEP TRACK OF WHO'S GOING IN WHAT AREA OF THE CLUB--BUT FOR A BUSINESS, YOU WOULD WANT TO KNOW BECAUSE YOU CHARGE MORE MONEY IF THEY'RE GOING TO UTILIZE THIS AREA.

IN YOUR PRESENTATION, I UNDERSTOOD THAT CLEARLY.

THEY PAY THE SAME AMOUNT OF MONEY REGARDLESS OF WHETHER THEY USE THAT AREA OR NOT--BUT YOU SAID THAT THERE WERE DIFFERENT LEVELS OF MEMBERSHIP, RIGHT? IT HAS TO DO WITH THE LENGTH OF TIME OF THE MEMBERSHIP, AND, SOME PEOPLE WANT TO PAY FOR A WHOLE YEAR.

[03:00:04]

SOME PEOPLE WANT TO GET A VIP MEMBERSHIP.

SOME PEOPLE WANT TO GET A STANDARD MEMBERSHIP.

WHAT'S THE VIP MEMBERSHIP? I COULD ASK MY CLIENT.

OKAY, THAT'S FINE.

SIR, YOU HAVE TO COME FORWARD.

I FORGOT TO MENTION THIS.

THIS IS ALAN MOSTOW.

HE'S ONE OF THE OWNERS OF TRAPEZE.

ALSO PRESENT HERE IS JUNE KELLY, WHO'S THE DIRECTOR OF OPERATIONS OF TRAPEZE.

BEFORE YOU SPEAK, SIR, WERE YOU SWORN IN? NO. PLEASE RAISE YOUR RIGHT HAND.

DO YOU SWEAR TO TELL THE TRUTH? THE WHOLE TRUTH, NOT THE TRUTH.

REGARDING YOUR TESTIMONY THIS MORNING? I DO. PLEASE STATE YOUR NAME FOR THE RECORD.

ALAN MOSTOW.

SO THE QUESTION WAS, WHAT IS THE DIFFERENCE BETWEEN--DO YOU HAVE A VIP MEMBERSHIP AT YOUR CLUB? A VIP MEMBERSHIP IS SOMEBODY WHO PAYS FOR A WHOLE YEAR.

SO IT'S THE DURATION OF THE MEMBERSHIP THAT MAKES IT A VIP MEMBERSHIP? YES. SO ARE YOU SAYING THAT THE MEMBER PAYS ONE FEE AND THEY CAN UTILIZE ANY AREA ON ALL AREAS OF THE CLUB FOR ONE FEE AND EVERYONE PAYS THE SAME FEE, IF IT'S FOR ONE MONTH OR IF IT'S FOR THE WHOLE YEAR.

THAT'S WHAT YOU'RE SAYING? EVERYBODY PAYS THE SAME FEE AND UTILIZES THE ENTIRE CLUB AS WELL AS GETTING FOOD.

OKAY, WHAT PERCENTAGE OF YOUR MEMBERSHIP ONLY COMES AND UTILIZES THE SOCIAL AREA? I CAN'T TELL YOU BECAUSE PEOPLE CAN WALK IN, HAVE DINNER, HAVE A DRINK, AND THAT COULD BE ANYTHING FROM A SODA TO A COCKTAIL TO DANCING, AND THEN THEY GO HOME.

THEY ENJOY THE FREEDOM TO BE WHO THEY ARE.

OKAY, SO AS A BUSINESS, YOU'RE SAYING TO ME YOU DO NOT KNOW THE PERCENTAGE OF MEMBERSHIP THAT COME AND STAY ALL NIGHT, THAT STAY JUST FOR A FEW MOMENTS, JUST STAY IN THE FRONT ONLY; YOU DON'T ASSESS ANY OF THAT AS A BUSINESS.

NO, SOME PEOPLE COME IN FOR 2 TO 3 HOURS AND SOME PEOPLE STAY TILL WE CLOSE.

OKAY, MY OTHER QUESTION AND THAT'S WHAT I WANTED THE OTHER SLIDE FOR, YOU MENTIONED THAT THE CLUB, YOU CAN USE IT FOR MEETINGS AND YOU TAKE MINUTES AND BOARD MEETINGS AND ALL OF THAT.

I WANTED TO REALLY SEE THE OTHER SLIDE, BUT IT'S OKAY.

YOU'RE GOING TO TELL ME THEN YOU DON'T KNOW WHAT PERCENTAGE OF THE PEOPLE IS USING MEETINGS AND WHEN ARE THESE MINUTES TAKEN AND ALL OF THAT? THAT'S A DIFFERENT QUESTION THEN.

YEAH, IT'S A DIFFERENT QUESTION, BUT THAT'S PART OF HIS PRESENTATION AS TO WHAT YOUR CLUB--PEOPLE COME THERE AND UTILIZE IT TO DO BOARD MEETINGS.

WHAT I WAS EXPRESSING WHEN I SAID THAT WAS THAT THE CLUB HAS A BOARD OF MEMBERS, THAT THERE'S MEMBERS THAT ARE APPOINTED TO A BOARD AND THEY OVERSEE THE CLUB BECAUSE IT'S A PRIVATE CLUB.

IT'S NOT LIKE PEOPLE COME THERE AND SAY, OKAY, WE'RE GOING TO ACQUIRE THIS FACILITY TO HOLD A BOARD MEETING ABOUT WHATEVER THEY WANT TO HOLD IT ABOUT.

IT WOULD JUST BE A MEETING OF THE BOARD OF THE CLUB.

SO, OUT OF THE MEMBERS, YOU CHOOSE SOME PEOPLE TO BE BOARD MEMBERS AND THEN YOU SUPPOSEDLY DO YEARLY MEETINGS? AND THEN WE MIGHT HAVE A MEETING ON A MONDAY AT THREE IN THE AFTERNOON AND TALK ABOUT CLUB ISSUES.

OKAY, I JUST FIND IT INTERESTING, EVEN BETTER NOW THAT YOU SAY YOU HAVE A BOARD, IF YOU'RE NOT ASSESSING OR WHAT PERCENTAGE OF THE PEOPLE IS GOING WHERE AND STAYING, I DON'T BELIEVE THAT BECAUSE IT'S VERY IMPORTANT TO YOUR BUSINESS TO KNOW WHAT PART OF YOUR BUSINESS IS MOST PROFITABLE FOR YOU , AND SO IF THEY'RE ONLY COMING AND THEY'RE STAYING IN THE MEETING AREA AND THEY'RE STAYING FOR DINNER, A PERCENTAGE STAY FOR BREAKFAST, YOU'RE TELLING ME YOU DON'T KNOW ANY OF THESE THINGS. IT MAKES ME FEEL LIKE YOU'RE AVOIDING WHAT THE CLUB REALLY IS, AND I SEE THIS AS A SEXUAL CLUB.

WELL, LET ME SEE IF I CAN UNDERSTAND YOUR QUESTION.

YOU ARE TRYING TO DETERMINE HOW MANY PEOPLE ENTER INTO THE SWING AREA OF THE CLUB AS OPPOSED TO JUST THE GENERAL LOUNGE AREA OF THE CLUB. LIKE WHAT PERCENTAGE OF THE PEOPLE GO INTO THE VARIOUS AREAS.

BECAUSE, WITH THE TYPE OF BUSINESS THAT YOU HAVE, THAT'S VERY IMPORTANT TO YOUR BUSINESS TO UNDERSTAND THAT.

WELL, THE TYPE OF BUSINESS THAT IT IS.

IT'S A PRIVATE CLUB AND PEOPLE COME AND USE THE FACILITIES, AND IF YOU'RE THERE ON A SATURDAY NIGHT, IT'S CROWDED WITH PEOPLE; THEY'RE MOVING AROUND.

NOW, DO A SUBSTANTIAL PORTION OF THE MEMBERSHIP, UTILIZE THE SWING AREA?

[03:05:03]

YES, OF COURSE.

DOES EVERYONE DO IT? NO. IS IT REQUIRED IN ANY WAY? NO. IT'S LIKE I MIGHT GO THERE AND SAY, I DON'T WANT TO EAT THE BUFFET.

I HAD DINNER BEFORE I CAME HERE OR I'M ON A DIET OR I'M VEGAN OR WHATEVER IT MIGHT BE, AND I MIGHT NOT UTILIZE THAT.

NOW, I DON'T KNOW THAT THE CLUB OPERATOR WOULD KNOW WHETHER I WAS GETTING A PLATE OF FOOD OR NOT, BUT NOT EVERY AMENITY OF THE CLUB IS USED BY EVERY MEMBER, NOR IS IT REQUIRED TO BE USED BY EVERY MEMBER.

MOST PEOPLE WOULD LIKE TO USE THE BUFFET, PROBABLY; MOST PEOPLE WOULD LIKE TO OCCASIONALLY USE THE SWING AREA OF THE CLUB.

MAYBE NOT EVERY TIME THEY GO, MAYBE SOME OF THE TIME THEY GO.

SO IT'S A FREQUENTLY USED PART OF THE BUSINESS, IF THAT'S WHAT YOU'RE ASKING.

IT'S NOT LIKE IT'S A GHOST TOWN IN THERE ALL THE TIME, BUT IT'S NOT REQUIRED IN ANY WAY, AND THERE ARE PEOPLE WHO ELECT NOT TO USE THAT PORTION BECAUSE SOME PEOPLE IN THIS LIFESTYLE ELECT TO DO IT MORE PRIVATELY WHERE THEY WOULD GO THERE TO USE THAT AS A MEANS TO MEET OTHER PEOPLE THAT ARE ALSO IN THAT LIFESTYLE, BUT THEN IF THEY WERE GOING TO INTERACT IN SOME SEXUAL OR INTIMATE NATURE, THEY WOULD DO THAT IN PRIVATE AT THEIR HOME OR SOMEWHERE ELSE.

SO THERE'S ALL DIFFERENT TYPES OF REASONS PEOPLE COME TO THIS PARTICULAR CLUB AND THEY USE THE FACILITIES IN ACCORDANCE WITH THEIR INTERESTS.

CAN YOU PLEASE TELL ME WHAT MIGHT SOME OF THE REASON BE THAT I WOULD WANT TO JOIN THAT CLUB? WELL, AS I SAID IN MY PRESENTATION, THE CLUB IS NOT FOR EVERYONE.

IT'S FOR PEOPLE THAT HAVE A CERTAIN MINDSET IN A IN AN ALTERNATIVE SEXUAL LIFESTYLE.

IT'S MOST COMMONLY REFERRED TO POLYAMOROUS LIFESTYLES, WHEREAS PEOPLE WHO ARE NOT IN MONOGAMOUS RELATIONSHIPS, THEY, THEY INTERACT WITH OTHER PEOPLE TO SOME DEGREE.

THAT DEGREE VARIES BETWEEN THE PARTICULAR COUPLE OR PERSON THAT'S INVOLVED, BUT IT'S THAT NARROW INTEREST THAT MAKES IT A WHEN YOU LOOK AT THAT DEFINITION OF CLUB OR LODGE PRIVATE, THAT'S WHAT IT'S ABOUT.

IT'S NOT ABOUT JUST LIKE, OH, ANYBODY CAN COME TO THIS CLUB.

IT'S FOR A CERTAIN GROUP OF PEOPLE THAT'S GOT A CERTAIN INTEREST IN A CERTAIN SET OF ACTIVITIES AND LIFESTYLE.

SO I WOULDN'T SAY IT'S FOR EVERYONE.

I WOULD SAY PROBABLY NOT EVEN FOR MOST PEOPLE, BUT FOR THE PEOPLE THAT HAVE THAT INTEREST AND THEY WANT A SAFE, ACCOMMODATING, COMFORTABLE PLACE WHERE THEY KNOW THEY'RE NOT GOING TO BE JUDGED OR TREATED HARSHLY.

THEY KNOW THEY'RE GOING TO BE AMONG OTHER PEOPLE THAT SHARE THAT INTEREST, AND THAT'S REALLY THE ESSENCE OF A PRIVATE CLUB.

THAT'S WHAT THAT'S WHAT MAKES IT A PRIVATE CLUB AS OPPOSED TO JUST A REGULAR PLACE WHERE ANYBODY OFF THE STREET WOULD WALK IN, AND I JUST WANT TO ADD WHETHER I'M RIGHT OR WRONG, BUT ASSUMING YOU WANTED TO COME INTO THE CLUB AND YOU WANTED TO WEAR A SEE THROUGH BLOUSE, YOU COULD WEAR THAT IN MY CLUB, WHERE YOU WOULDN'T WEAR THAT.

AT ANOTHER CLUB. YOU WOULDN'T GO TO CAPITAL GRILLE WEARING A SEE THROUGH BLOUSE, BUT YOU CAN COME TO MY CLUB AND WEAR A SEE THROUGH BLOUSE AND NOT BE STARED AT OR, YOU KNOW, "OH, HEY, BABY, BABY." I HATE TO SAY IT, YOU'RE JUST ONE OF EVERYBODY.

IT'S LIKE GOING IF YOU EVER HEARD OF [INAUDIBLE] BEACH.

NOT EVERYBODY IS NAKED.

I WOULD SAY A GOOD PERCENTAGE IS, BUT IF YOU WORE CLOSE, YOU'D BE STARED AT, IF YOU CAME TO MY CLUB.

SHARE IN COMMON, AND THEY WANT TO HAVE A SAFE PLACE THAT THEY CAN GO AND EXPRESS THAT, AND THAT'S WHAT THE CLUB PROVIDES THEM.

I AM NOT QUESTIONING THAT.

I UNDERSTAND THAT PORTION CLEARLY.

IT'S THE KIND OF DANCING AROUND ABOUT THE OBVIOUS AND WHAT IT REALLY IS THAT I AM REALLY QUESTIONING.

YOU'RE MORE THAN WELCOME TO COME TO MY CLUB. [CHUCKLING] I DON'T HAVE A PROBLEM BECAUSE IF THE PEOPLE CHOOSE THAT LIFESTYLE AND THAT'S WHAT THEY WANT, THAT'S WHAT THEY WANT AND THE POWERFUL THING IN THIS COUNTRY IS YOU HOPEFULLY HAVE A POWER TO CHOOSE.

RIGHT, AND THAT'S THE TANTAMOUNT THING IN THAT LIFESTYLE, IS CONSENT.

CONSENT IS EVERYTHING.

THERE'S NOBODY THAT'S REQUIRING ANYONE TO DO ANYTHING OR FORCING ANYONE TO DO ANYTHING.

YEAH, IF I WANTED TO GO SOMEPLACE TO HAVE A NICE BUFFET DINNER, I AM SURE I HAVE A LOT OF PLACES I COULD GO FOR THAT.

SO IF I'M GOING THERE TO HAVE A NICE DINNER, I DON'T THINK THAT'S WHY.

ALAN PRIDES HIMSELF ON THE BUFFET.

100% WRONG, WE'RE THE NUMBER ONE BUFFET.

[CHUCKLING] ALL RIGHT.

THAT'S ALL YOU HAD? YES. ANY QUESTIONS? I HAVE A QUESTION.

CAN YOU LEGALLY DISTINGUISH THE [INAUDIBLE] BETWEEN SINGLE MEN AND SINGLE WOMEN? SEEMS LIKE YOU'RE A LOT FRIENDLIER TO SINGLE WOMEN THAN YOU ARE TO SINGLE MEN.

[03:10:05]

THAT'S TRUE, BUT AS YOU SEE FROM THE MEMBERSHIP STATISTICS, SINGLE WOMEN WHO FREQUENT THE CLUB ARE ALMOST NON-EXISTENT.

IT'S LESS THAN 1% OF THE CLUB'S CLIENTELE FOR WHATEVER SOCIETAL REASON THAT IS.

YOU KNOW, WE CAN HAVE A PHILOSOPHICAL DISCUSSION ABOUT THE DIFFERENCE BETWEEN MEN AND WOMEN MAYBE, BUT IT'S BOTH SINGLE WOMEN, AND SINGLE MEN ARE PERMITTED TO COME TO THE CLUB. SOME SINGLE MEN DO, BUT AGAIN, THEY'RE IN THE FAR MINORITY ALSO.

IT'S REALLY A CLUB FOR COUPLES, AND I THINK THAT'S ANOTHER MAJOR DISTINCTION BETWEEN THIS AND ADULT ENTERTAINMENT.

I MEAN, THAT'S LIKE UNHEARD OF FOR ADULT ENTERTAINMENT TO SAY WE WANT TO KEEP THE SINGLE MEN OUT.

THEY'D BE OUT OF BUSINESS IN A WEEK, BUT THE AND IT GOES HAND IN HAND AGAIN WITH THE OVERALL LIFESTYLE THAT THIS CLUB CATERS TO.

IT'S VERY FOCUSED ON COUPLES, AND IT'S A COUPLE'S LIFESTYLE, AND THAT'S THE HUGE MAJORITY OF THE PEOPLE.

SO SINGLE MEN, THEY DO ALLOW THEM IN ON CERTAIN DAYS, AND AGAIN, IT COSTS MORE MONEY, BUT ON SATURDAY, WHICH IS THERE MOST BUSY DAY IT'S COUPLES ON.

I HAVE ANOTHER QUESTION.

SO IF A SINGLE MAN COMES THERE AND HE BRINGS HIS FRIEND, GIRLFRIEND, WHATEVER, BOYFRIEND, WHATEVER, WILL THEY HAVE TO PAY TO COME IN, AND HE WOULD BRING HIS FRIEND OR WHOEVER HE'S BRINGING WITH HIM THERE? RIGHT, WHEN I SAY COUPLES, I DON'T NECESSARILY MEAN ALWAYS MARRIED COUPLES.

A LOT OF TIMES THEY'RE ATTACHED TO COUPLES ARRIVING TOGETHER TO PEOPLE.

IT COULD BE A BOYFRIEND OR A GIRLFRIEND OR THAT TYPE OF THING.

ANY OTHER QUESTIONS? HERE'S ANOTHER QUESTION.

YOU SEND OUT NOTICES TO ALL THE PEOPLE AND BUSINESSES WITHIN A CERTAIN RADIUS AND THAT EXTENDS OVER TO THE CITY OF LAUDERHILL.

DO THE ENTITIES LAUDERHILL HAVE ANY LEGAL STANDING TO COMMENT ON WHAT THE CITY OF TAMARAC DOES? I DON'T KNOW THE ANSWER TO.

I MEAN, THERE'S NONE OF THEM HERE TODAY.

MY UNDERSTANDING OF HOW THAT WORKS IS IF PART OF THAT RADIUS FALLS OUTSIDE OF TAMARAC, WHAT THE WHAT THE NOTIFICATION THAT GOES OUT TO THAT PART IS IT GOES TO THE CITY OF LAUDERHILL, I BELIEVE; I THINK THEY NOTIFY THE CITY.

AGAIN, THERE'S A SERVICE THAT WE HIRE TO DO THE MAILING THAT THE CITY RECOMMENDED THAT THEY USE ALL THE TIME CALLED [INAUDIBLE], AND THAT'S WHO DID IT AND DID THE AFFIDAVIT AND EVERYTHING.

SO THEY MIGHT KNOW THE ANSWER TO THAT.

I THINK THEY WOULD HAVE THE ABILITY TO COME IN AND VOICE A CONCERN BECAUSE THEY'RE WITHIN THAT AREA, BUT I REALLY DON'T KNOW THE ANSWER TO THAT.

IT DOESN'T APPEAR THAT ANY OF THEM HAVE APPEARED HERE TODAY, AND AGAIN, THIS ONE IS A LITTLE DIFFERENT BECAUSE THERE'S NO RESIDENTIAL AREA WITHIN 400 FEET OF THIS LOCATION.

THAT WAS THE DIFFERENCE LAST TIME.

THERE'S A LOT MORE NOTIFICATION WENT OUT AND THEN SOME RESIDENTS CAME IN.

I THINK STAFF CAN ANSWER THAT.

YEAH, ALL PROPERTIES WITHIN A 400 FOOT RADIUS OF THE PROPERTY WERE NOTIFIED, INCLUDING THE PROPERTIES WITHIN THE CITY OF LAUDERHILL, AND SO THOSE PROPERTY OWNERS CAN COME AND SPEAK FOR OR AGAINST THE REQUEST, JUST LIKE ANY OTHER PROPERTY OWNER.

OKAY, I WANT TO JUST REVIEW WHEN THIS WAS BEFORE US, TWO MONTHS AGO IN APRIL, THE APPLICANT WAS LOOKING TO RELOCATE THE USE TO A SITE ON UNIVERSITY DRIVE WITH THE SAME ZONING CATEGORY, IF I REMEMBER CORRECTLY. THAT'S CORRECT.

AT THAT TIME, THE CITY MADE THE DETERMINATION THAT THIS WAS AN ADULT USE SO THAT IT WASN'T ALLOWED TO RELOCATE BECAUSE THAT ZONING DOES NOT ALLOW AN ADULT USE.

WELL, THE FIRST TIME WE WERE HERE.

IT'S A QUESTION TO STAFF.

NO, IT ALLOWED THE ADULT USE AS A SPECIAL EXCEPTION, BUT THEN THERE ARE ALSO DISTANCE REQUIREMENTS THAT ARE IN THE CODE DISTANCE STANDARDS IN THE CODE AS WELL.

SO THE STAFF'S ZONING VERIFICATION AT THAT TIME WAS FOR THAT IT CANNOT RELOCATE BECAUSE IF IT DOES SO, IT HAS TO BE A TWO-WAY CONFORMING USE, IF I REMEMBER CORRECTLY.

YEAH, SO FOR THE MOST PART, THE STAFF'S POSITION WAS THE SAME IN TERMS OF THE CONTENT OF HER LETTER IN THAT AND RELOCATION AND THE EXPANSION WOULD TRIGGER THE CODE AND REQUIRE THAT THE APPLICANT CONFORM.

IN THE LAST INSTANCE, OF COURSE, THE USE WAS PERMISSIBLE VIA SPECIAL EXCEPTION AND ALSO THERE WERE SOME STANDARDS THAT HAD TO BE MET

[03:15:05]

REGARDING DISTANCE [INAUDIBLE].

SO THE USE WAS ALLOWABLE VIA SPECIAL EXCEPTION AND A WAIVER OF THE CITY COMMISSION FOR CERTAIN DISTANCE REQUIREMENTS.

IN THIS INSTANCE, OUR STAFF REPORT REMAINS THE SAME AND THAT ANY EXPANSION AND RELOCATION WOULD REQUIRE THE APPLICANT TO CONFORM.

THE BIGGEST DIFFERENCE IS THAT THE ZONING DESIGNATION THAT THE APPLICANT IS NOW LOOKING AT DOES NOT ALLOW FOR THE USE AS AN ADULT ENTERTAINMENT.

OKAY, THANK YOU.

THAT'S BOTH OF THEM DO ALLOW THE USE AS A CLUB OR LODGE.

IT'S PERMITTED IN BOTH.

THAT'S THE ARGUMENT YOU'RE SAYING TO CLASSIFY IT DIFFERENTLY THAN WHAT THE CITY'S CLASSIFYING IT.

OKAY, SO CONSISTENCY FROM APRIL TODAY IS THE CITY'S POSITION THAT THIS IS AN ADULT USE, THAT'S CONSISTENT? THAT IS CORRECT, BECAUSE IT'S STILL A RELOCATION OR AN EXPANSION.

IN THIS INSTANCE, IT'S NOT ALLOWED IN THE ZONING CATEGORY PERIOD.

IT'S NOT ALLOWED IN THAT ZONING DISTRICT.

CORRECT. OKAY.

GOT IT. THANK YOU FOR THE CLARIFICATION.

SO AT THIS POINT, UNLESS THERE'S ANY OTHER QUESTIONS FROM ANY OTHER MEMBERS, I THINK, ROB, WHAT MIGHT BE HELPFUL IS IF YOU PUT THE GRAPHIC BACK UP ON IT, WHAT REALLY IS BEFORE US IN TERMS OF OUR CHOICES OF HOW WE, YEAH, OUR ACTION HERE.

SO THERE'S THREE POSSIBILITIES HERE.

THERE'S ONE TO AFFIRM THE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OR MODIFY THAT DECISION OR TO REVERSE IT.

THOSE ARE THE OPTIONS.

SO UNLESS THERE'S ANY OTHER COMMENTS OR QUESTIONS ON THE ITEM.

I THINK THAT'S WHERE WE ARE.

IF I MAY, JUST ONE KIND OF HELP GUIDE YOU ALL.

I BELIEVE, MR. CHAIR, THAT YOU HAVE PROPERLY ARTICULATED WHAT THE ISSUE IS.

WHAT I WOULD CAUTION YOU OR SAY TO YOU IS THAT YOU HEARD A LOT ABOUT WHAT HAPPENED IN THE PAST, WHAT HAPPENED IN SAN FRANCISCO. YOU KNOW THOSE ISSUES, FRANKLY, I WOULD SUGGEST TO YOU, WITH ALL DUE RESPECT, ARE NOT RELEVANT TO THE DETERMINATION. THE DETERMINATION IS REALLY AS SET FORTH IN THE PRIOR ZONING VERIFICATION LETTER AND THE PRIOR APPEAL AS IT JUST IS TODAY IS BY MOVING TO A NEW LOCATION, DOES THIS USE NOW HAVE TO MEET THE ADULT USE CLASSIFICATION AND CRITERIA OR AS SUGGESTED BY THE APPLICANT THAT THEY SHOULD BE CLASSIFIED AS--AND I DON'T REMEMBER EXACTLY WHAT THE APPLICANT CALLED THE BOX BECAUSE THEIR GRANDFATHER PROVISION CARRIES WITH THEM.

THAT'S NOT THE ARGUMENT THAT THE GRANDFATHER PROVISION CARRIES.

IT'S THAT THEY MEET THE DEFINITION OF THAT CATEGORY.

EITHER ONE.

IF I MAY, MR. CORRIGAN'S ARGUED EITHER OR.

OKAY, DOES ANY MEMBER WANT TO MAKE A MOTION ON THE ITEM BASED ON THE OPTIONS WE HAVE ON THE SCREEN? I WANT TO MOVE THAT THE AFFIRMATION AND THE DECISION THAT THE CITY MADE, THE PLANNING DEPARTMENT OR THE CITY MADE THAT IT STANDS.

OKAY, WE HAVE A MOTION IN THE FLOOR.

IS THERE A SECOND? I'LL SECOND THAT.

WE HAVE A MOTION AND A SECOND TO AFFIRM THE DECISION.

SO THERE'S A TIE.

MR. CHAIR, UNDER THE RULES OF PROCEDURE THAT THE TOWN OR THE CITY GENERALLY FOLLOWS, YOU ALL FOLLOWS, UNLESS THERE'S AN ALTERNATE MOTION AND THERE'S A DIFFERENCE IN THE VOTE, THE MATTER WOULD DIE BECAUSE IT'S A TIE.

THE MATTER DIES BECAUSE THERE'S NOT A MAJORITY VOTE FOR IT.

OKAY, SO, IN EFFECT, THIS ITEM HAS NOT BEEN DECIDED, BASICALLY.

WELL, THE RULE'S IT MOVES FORWARD AS

[03:20:07]

REALLY WITH A 2-2 VOTE AND THAT NEITHER PARTY CARRIED THE VOTE.

SO THE ITEM IS DONE IN FRONT OF US, BASICALLY.

THAT WOULD BE IT. THERE'S AN ALTERNATE MOTION AND SOMEHOW A CHANGE IN THE VOTE.

GOT IT, UNLESS, DOES SOMEBODY WANT TO MAKE AN ALTERNATE MOTION? I MOVE TO REVERSE THE DECISION OF CITY STAFF.

THERE'S A MOTION TO REVERSE THE DECISION.

IS THERE A SECOND? I SECOND THE MOTION TO REVERSE.

THERE'S A TIE AGAIN.

UNLESS A BOARD MEMBER INDICATES A WILLINGNESS TO POTENTIALLY CHANGE THEIR VOTE.

I WOULD SAY THAT THE ITEM HAS REACHED AN IMPASSE AND IT WOULD MOVE FORWARD, ASSUMING THEY AS A DENIAL BECAUSE IT DIDN'T CARRY A MAJORITY VOTE, AND THAT INFORMATION WILL BE PROVIDED TO THE CITY COMMISSION IF THE APPLICANT SEEKS FURTHER REVIEW OF OF OF THE DECISION.

OKAY, VERY GOOD, THAT WILL BE THE CONCLUSION OF THAT ITEM.

THANK YOU. NEXT ITEM ON THE AGENDA IS PLANNING BOARD REPORTS.

ANYBODY FROM THE PLANNING BOARD HAVE ANY REPORTS THEY'D LIKE TO GIVE? NOT SEEING ANY. NEXT ITEM IS THE DIRECTOR'S REPORT.

I HAVE NOTHING TO REPORT AT THIS TIME.

THANK YOU. THANK YOU, WITH THAT, THE MEETING IS ADJOURNED.

IT IS NOW 12:25.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.