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

THEY'RE ALL QUASI-JUDICIAL NATURE.

SO AT THIS POINT IN TIME, I WILL STATE OR RECITE THE QUASI JUDICIAL STATEMENT.

ALL PERSONS TESTIFYING BEFORE THE PLANNING BOARD MUST BE SWORN IN.

THE PETITIONER AND ANY AFFECTED PERSON SHALL BE GIVEN THE OPPORTUNITY TO PRESENT EVIDENCE, BRING FORTH WITNESSES, CROSS-EXAMINE ANY 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 OR UNDULY REPETITIOUS EVIDENCE, SHALL BE EXCLUDED.

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

COUNSEL FOR PARTIES SHALL NOT BE SUBJECT TO CROSS EXAMINATION.

THE BOARD OR THE PLANNING BOARD SHALL HAVE THE AUTHORITY TO REFUSE TO HEAR ANY TESTIMONY.

IRRELEVANT OR REPETITIVE HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSE OF SUPPLEMENTING OR EXPLAINING OTHER EVIDENCE, BUT IT SHOULD NOT BE SUFFICIENT BY ITSELF TO SUPPORT A FINDING.

DOCUMENTARY EVIDENCE MAY BE PRESENTED IN THE FORM OF A COPY OR THE ORIGINAL, IF AVAILABLE.

THE GENERALLY THE APPLICANT GOES FIRST, SOMETIMES STAFF DEPENDING UPON THE PARTICULAR ITEM IN THE DISCRETION OF THIS BOARD, PETITIONERS OR THE REPRESENTATIVE MAY MAKE A PRESENTATION.

THE PETITIONER CHOOSES TO MAKE A PRESENTATION.

IT MUST INCLUDE A DESCRIPTION.

NATURE OF THE PETITION, IF THERE IS ADDITIONAL INFORMATION, HAS NOT BEEN PREVIOUSLY PROVIDED TO THE CITY.

PARTIES WHO ARE IN SUPPORT OF THE PETITION SHALL MAKE THEIR PRESENTATION.

THEN PARTIES WHO ARE IN OPPOSITION ARE ALLOWED TO GO FORWARD.

CITY PERSONNEL AND ATTEND SHALL PROVIDE RESPONSES TO ANY PARTY OF THE PROCEEDING AND THEN FINAL PRESENTATIONS BY THE PETITIONER AND CITY STAFF IN RESPONSE TO ANY TESTIMONY OF THE PARTIES. THEN FINALLY, THE BOARD DELIBERATE ON THE PETITION.

NO FURTHER TESTIMONY SHALL BE TAKEN AND MEMBERS OF THE BOARD SHALL NOT ASK FURTHER QUESTIONS OR A PERSONS PRESENTING TESTIMONY.

THE BOARD SHALL THEN DISCUSS THE EVIDENCE THAT WAS PRESENTED AT THE PROCEEDING AND VOTE ON THE PETITION.

AGAIN, THOSE ITEMS ARE NINE A, NINE B, NINE C AND NINE D.

THANK YOU. BEFORE WE GET STARTED, I HAVE A QUICK QUESTION FOR YOU.

COLLETTE OR WHOMEVER ELSE CAN ANSWER IT.

IN THE BOOKLET THAT WE HAVE, IT LOOKS A LITTLE DIFFERENT.

AND I NOTICED THAT ATTORNEY HERRING SAID THAT WE HAD NINE.

NEVER MIND. I FOUND IT.

NEVER MIND. ALL RIGHTY.

WE'LL MOVE ALONG. DO WE HAVE ANY PUBLIC COMMENTS? ANY COMMENTS FROM THE PUBLIC? ANYONE WANT TO MENTION ANYTHING AT THIS TIME REGARDING THE HEARINGS? OKAY, WE'LL MOVE ALONG TO PUBLIC HEARING.

[8.a TO 2512 - An ordinance of the City Commission of the City of Tamarac, Florida to provide for easier enforcement of, and enhanced penalties for violations of the city’s regulations of activities defined as “Special Events” by amending Chapter 10 of the Land Development Code of the City of Tamarac, Florida” by amending Article 3, entitled “Use Regulations” by specifically amending Section 10-3.5 “Temporary Uses and Structures”, and Section 10-6.3 “Other Terms Defined”; providing for codification; providing for conflicts; providing for severability; and providing for an effective date]

ITEM 202512 TAN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO PROVIDE FOR EASIER ENFORCEMENT OF AND ENHANCE PENALTIES FOR VIOLATION OF THE CITY'S REGULATIONS OF ACTIVITIES DEFINED AS SPECIAL EVENTS.

[00:05:04]

BY AMENDING CHAPTER TEN OF THE LAND DEVELOPMENT CODE OF THE CITY OF TAMARAC, FLORIDA, BY AMENDING ARTICLE C ENTITLED USE REGULATIONS BY SPECIFICALLY AMENDING SECTION TEN DASH 3.5 TEMPORARY USES AND STRUCTURES AND SECTION TEN DASH 6.3 OTHER DEFINED OTHER TERMS DEFINED PROVIDING FOR CODIFICATION AND PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE USE.

THAT'S ITEM EIGHT.

A I'LL ALSO GO AHEAD AND READ ITEM EIGHT B AND SO THAT THE CITY CAN PRESENT BOTH TOGETHER.

IS THAT OK? ACTUALLY, THEY HAVE TO BE TWO SEPARATE PUBLIC HEARINGS.

OKAY. SO WE'LL TALK ABOUT ITEM NUMBER EIGHT.

A FIRST AGAIN, THAT'S 202512.

THANK YOU, MADAM CHAIR.

THE GENESIS OF THIS ORDINANCE WAS DIRECTED TO MY OFFICE TO GO AHEAD AND PREPARE THIS AMENDMENT BASED UPON A NUMBER OF DIFFERENT INDIVIDUALS APPEARING BEFORE THE CITY COMMISSION, PRIOR TO THE COMMISSION TAKING ITS HIATUS REGARDING WHAT IS COMMONLY REFERRED TO AS PARTY HOUSES OR SPECIAL EVENTS.

THAT OR WHAT WE DEFINE AS AS SPECIAL EVENTS WITHOUT THE BENEFIT OF PERMITS PEOPLE CONVERTING THEIR HOMES FOR A NIGHT OR TWO INTO A COMMERCIAL ENTERPRISE.

AND SO WHAT WE'VE DONE IS WE'VE TAKEN THE EXISTING REGULATIONS AS SET FORTH IN YOUR PAMPHLET AND YOUR BOOKLET AND MODIFIED THE REGULATIONS TO PROVIDE FOR ENHANCED PENALTIES.

SO THERE BECOMES A FINANCIAL DISINCENTIVE FOR SOMEONE TO VIOLATE THE CODE BECAUSE AS IT'S CURRENTLY WRITTEN, THERE WAS A LIMITATION ON THE AMOUNT OF FINE THAT A SPECIAL MAGISTRATE COULD ASSESS AGAINST A PARTICULAR INDIVIDUAL OR PROPERTY OWNER FOR VIOLATING THESE SECTIONS OF THE CODE WITH BY HAVING ONE OF THESE EVENTS WITHOUT GOING THROUGH THE SPECIAL EVENT PERMIT PROCESS.

SO THAT'S WHAT'S BEFORE YOU.

IF YOU HAVE ANY QUESTIONS CERTAINLY AVAILABLE TO ANSWER.

THANK YOU.

WE'LL HEAR FROM THE CITY.

THAT WAS IT, THAT WAS THE PRESENTATION.

OH, THAT'S IT.

OKAY. AGAIN, UNLESS THERE'S ANY PARTICULAR QUESTIONS, IT'S PRETTY SIMPLE.

WE STANDARDIZE THE TERMINOLOGY BECAUSE WE NO LONGER HAVE A TAX LICENSING.

IT'S A PERMITTING SECTION.

SO WE CHANGE THAT LANGUAGE.

BUT THE ENHANCED PENALTIES PROVISION ARE.

ON PAGE MY BOOKLET 17.

I'M NOT SURE WHAT BECAUSE I HAVE A DIFFERENT SIZED ONE AT THE BOTTOM OF 4, H5 AND SIX AT THE BOTTOM OF PAGE 17 AND THEN ONTO THE NEXT PAGE, MY BOOKLET, PAGE 18 AT THE TOP. PAGE TEN OF IT'S ACTUALLY ONE OF FIVE THAT'S A WE'LL CORRECT THAT AND 11 OF FIVE ARE THE OPERATIVE PROVISIONS.

OK. I'LL GIVE THE BOARD A COUPLE OF SECONDS TO REVIEW THE ITEM PRESENTED AND THEN WE'LL OPEN UP FOR QUESTIONS.

AND ON THE NEXT LAST PAGE, WE'VE EXPANDED THE DEFINITIONS OF WHAT CONSTITUTES A SPECIAL EVENT OR A TEMPORARY USE TO CLARIFY.

WHICH PAGE IS THAT? PAGE 22 OF MY BOOKLET.

PAGE 15 OF FIVE ON THE ON AT THE TOP.

GOT IT. WE'LL GIVE ABOUT 3 TO 5 MINUTES TO REVIEW.

SURE. TAKE YOUR TIME.

[00:10:30]

DO WE NEED MORE TIME TO REVIEW BOARD? DO YOU NEED A COUPLE MORE MINUTES? ALL RIGHT. WE'LL OPEN IT UP FOR QUESTIONS, I THINK, EVERYONE.

I'VE GOTTEN THROUGH A LOT OF IT.

DO YOU NEED MORE TIME? MR. LEVIN? NO QUESTIONS.

OKAY. DOES ANYONE HAVE ANY? OKAY. IT LOOKS LIKE VIOLA HAS A FEW QUESTIONS.

SORRY. LET'S SAY SOMEONE WANTS TO THROW A BIRTHDAY PARTY.

GARAGE SALE.

DO THEY HAVE TO COME TO YOU FOR PERMISSION? CHRISTMAS EVE PARTY.

NEW YEAR'S EVE PARTIES OR GARAGE SALES ARE SPECIFIC, SPECIFICALLY COVERED IN THIS ORDINANCE.

IN OUR EXISTING REGULATIONS, THEY ARE ALLOWED.

THERE IS A LIMIT ON THE NUMBER THAT YOU CAN HAVE PER YEAR.

THE SAME WITH RESPECT TO YOUR CHILD'S PARTY.

THERE'S NOT NECESSARILY A NEED TO DO THAT UNLESS YOU'RE EXPECTING AND YOU'RE INVITING A SIGNIFICANT NUMBER OF INDIVIDUALS WHO ARE GOING TO THEN POTENTIALLY CREATE ISSUES WITH RESPECT TO PARKING IN THE AREA, POTENTIALLY NOISE ISSUES.

THE TIME AND HOUR WHICH THE THE PARTY STARTS AND ENDS.

SO THE REGULATIONS ARE FLEXIBLE TO ACCOUNT FOR THOSE TYPES OF SITUATIONS.

AND SO IT'S PART OF THE RESPONSIBILITY IS UPON THE INDIVIDUAL PROPERTY OWNER TO DETERMINE WHAT'S THE SIZE OF THE PARTY THAT I'M GOING TO HAVE.

YOU KNOW, IS THERE ENOUGH PARKING SPACE FOR THE NUMBER OF PEOPLE WHO I EXPECT TO ATTEND? AND THEN DEPENDING UPON THE ANSWER TO SOME OF THOSE QUESTIONS, IT MAY BE NECESSARY AND FOR THE PROPERTY OWNER TO CONTACT STAFF AND DETERMINE WHETHER OR NOT A PERMIT IT WOULD BE REQUIRED.

AND THAT'S REALLY WHAT WE'RE TRYING TO ADDRESS IS THE IMPACTS UPON THE NEIGHBORHOOD.

WE'VE HAD CONCERNS VOICED TO US THAT BECAUSE SOMEONE IS HAVING ONE OF THESE AND THEY'RE PRIMARILY WHAT'S THE.

THE AGAIN, THE GENESIS OF THE CHANGE THE CODE HAS REALLY BEEN SOME PROPERTY OWNERS IN THE CITY WHO HAVE ABUSED THE NEIGHBORHOOD AND THOSE AROUND THEM TO CONDUCT THE REALLY WHAT OUR COMMERCIAL ENTERPRISES THAT THEY'VE ADVERTISED ON THE INTERNET.

WE'RE THROWING A HOUSE PARTY.

WE'RE CHARGING $50 AT THE DOOR.

AND ONE OF THE BYPRODUCTS OF THAT IS YOU THEN GET A YOU THEN START TO HAVE 102 HUNDRED PEOPLE START TO SHOW UP AT THOSE TYPES OF EVENTS.

AND NEXT THING YOU KNOW, NEITHER THE SHERIFF'S OFFICE NOR THE FIRE RESCUE PERSONNEL CAN GET THROUGH THE STREETS BECAUSE SOME OF OUR STREETS ARE FAIRLY NARROW, BECAUSE THERE ARE CARS PARKED EVERYWHERE ON BOTH SIDES OF THE ROAD.

AND THERE'S A CONCERN THAT WITHOUT REGULATING THESE TYPES OF ACTIVITIES IN A MORE STRINGENT MANNER, THOSE EVENTS WILL CONTINUE TO POP UP, PROLIFERATE AND CREATE UNFORESEEN IMPACTS THAT WE'RE TRYING TO THINK OUT IN ADVANCE AND ADDRESS THEM THROUGH THESE REGULATIONS AGAIN.

SO THOSE WHO MIGHT BE THINKING ABOUT THIS UNDERSTAND THAT THERE IS A FINANCIAL PENALTY, SIGNIFICANT FINANCIAL PENALTY PROBABLY ON THE END OF THIS IF THEY DON'T COME IN FIRST TO TALK TO CITY STAFF.

OKAY. THANK YOU.

OKAY. YEAH.

JUST ONE QUESTION. I SEE THAT THIS IS I'M LOOKING AT PAGE 21 AND 22.

THE SPECIAL EVENT IS CONSIDERED A TYPE OF TEMPORARY USE, BUT I DON'T SEE A TIME DURATION IN THE DEFINITION OF IT LIKE YOU DO FOR TEMPORARY USE.

[00:15:05]

IS THERE A REASON THAT THERE'S NO TIME REFERENCE TO A SPECIAL EVENT? THERE HASN'T BEEN IN THE PAST THAT I'M AWARE OF.

AND CERTAINLY THAT'S SOMETHING THAT WE CAN LOOK INTO.

I'M TRYING TO SEE REAL QUICK IF YOU GO TO PAGE 16 OF THE PACKET 905 AND AT THE TOP THERE IS A SECTION THAT TALKS ABOUT FOUR B AND AND I THINK THAT THIS PARTICULAR SECTION OF THE OF THE CODE IS DESIGNED TO ADDRESS. WHAT'S THE CHURCH THAT HAS THE.

SAINT MALIKI? MALACHI YEAH.

THAT HAS THE. SO IT PROVIDES FOR A TIME FRAME OF CERTAIN TYPES OF SPECIAL EVENTS TO OCCUR UP TO FOUR DAYS IN A ROW, BUT CAN'T OCCUR MORE THAN FOUR CONSECUTIVE DAYS OR MORE THAN FOUR TIMES A CALENDAR YEAR.

AND SO THERE ARE SOME THERE ARE TIME LIMITATIONS AND CERTAIN OF THESE, BUT WE CAN CERTAINLY CONTINUE TO LOOK AT THAT AS AN ADDITIONAL RESTRICTION.

GOT IT. THANKS.

THANK YOU. YEAH.

YEAH. I HAVE ONE OTHER QUESTION.

HOW IS THE PUBLIC THAT IS AFFECTED BY THIS, YOU KNOW, LIVING IN THE CITY? HOW ARE THEY GOING TO FIND OUT ABOUT THESE NEW CHANGES SO THAT THEY'RE AWARE? I DO KNOW THAT WHEN THE ITEM WAS FIRST, WHEN WE HAD A SERIES OF OF NEIGHBORS COME IN AND VOICE THEIR CONCERN ABOUT THESE TYPES OF EVENTS, THERE WAS A FAIR AMOUNT OF PRESS AND DISCUSSION ON THE SUN-SENTINEL, TAMARAC TALK AND SOME OF THE OTHER SOCIAL MEDIA PLATFORMS OUT THERE.

SO WE CERTAINLY, AS WELL AS AT THE STAFF LEVEL, WILL CONTINUE TO REACH OUT TO THE COMMUNITIES AND TO THE DIFFERENT PEOPLE WHO COME IN HOA'S THAT WE HAVE REGULAR COMMUNICATIONS WITH TO PROVIDE THEM WITH THIS INFORMATION.

IT IS A TOPIC OF CONCERN IN THE COMMUNITY.

SO THERE ARE PEOPLE WHO ARE KEEPING TRACK.

WE DO KNOW THAT THEY HAVE BEEN INQUIRING, HEY, WHAT'S THE STATUS OF THIS ORDINANCE? SO WE WILL CERTAINLY HAVE AN.

THERE'S AN EDUCATIONAL COMPONENT TO THIS, AND WE WILL DO OUR PART TO DO THAT.

AND AND TO THE EXTENT THAT WE KNOW PARTICULAR LOCATIONS THAT MAY BE OF CONCERN, WE'LL TRY AND REACH OUT TO THOSE PROPERTY OWNERS AND MAKE THEM AWARE OF THE NEW REGULATIONS.

SO THEY'RE THEY THEY'RE ON NOTICE THAT WE HAVE CHANGED THE REGULATIONS AND MADE THEM STRICTER.

THANK YOU. I THINK I NOTICED FOR THE SPECIAL EVENT, THE TEMPORARY USE.

YOU MENTIONED THE ROADWAYS, THE ALCOHOL.

WHAT ABOUT IS IT ONLY LIKE FOR FINANCIAL GAIN? FOR EXAMPLE, IF I WAS SUPPOSED TO HAVE A 50TH BIRTHDAY PARTY.

AND IT'S 150 PEOPLE THAT'S GOING TO COME TO THIS PARTY.

WOULD THAT BE CONSIDERED A SPECIAL EVENT BECAUSE THE PARKING WOULD BE COMPROMISED? RIGHT. [INAUDIBLE].

OUR EXISTING REGULATIONS DON'T HAVE A NUMERICAL THRESHOLD.

IT'S MORE ABOUT IMPACTS ON THE NEIGHBORHOOD.

BUT I WOULD ASK MISS CALLOWAY, WHAT HOW HAVE WE TREATED SIMILAR TYPE OF SITUATIONS IN THE PAST? YEAH. SO YOUR PRIVATE PARTIES ARE TYPICALLY NOT CONSIDERED A SPECIAL EVENT AND AS A CITY ATTORNEY, EXPLAIN.

I THINK IT WAS REALLY MEANT.

AND ONE THRESHOLD WE NORMALLY LOOK AT OUR PAID EVENTS WHEN PEOPLE ARE ADVERTISING PARTIES.

IN THIS CASE, IF YOU LOOK AT THE DEFINITION FOR SPECIAL EVENTS, IT ALSO SPEAKS TO PUTTING THAT ON SOCIAL MEDIA, WHICH WAS AN INSTANCE THAT REALLY CAUSED US TO GO BACK AND TO LOOK AT OUR REGULATIONS WHERE PEOPLE ARE USING THEIR RESIDENTIAL PROPERTY TO PROMOTE COMMERCIAL TYPE EVENTS AND PARTIES THAT ARE TYPICALLY

[00:20:06]

PAID ENTRY. SO IN THE PAST FOR SPECIAL EVENTS, WE HAVE NOT REQUIRED YOUR STANDARD BIRTHDAY PARTIES TO COME IN AND TO PULL A PERMIT.

THAT WAS GOING TO BE MY NEXT QUESTION.

IF IT'S EXCHANGE OF MONEY FOR BEING PAID, YEAH, IT'S TYPICAL WHEN YOU'RE ADVERTISING YOUR PROPERTY AND YOU'RE DOING A COMMERCIAL ENTERPRISE IN WHAT SHOULD BE A RESIDENTIAL COMMUNITY.

OFTEN YOU'RE DOING IT PROBABLY EVERY OTHER WEEK AND ONCE A MONTH.

IN THE INSTANCE THAT REALLY CAUSED US TO LOOK AT THIS, THIS INDIVIDUAL WAS ADVERTISING ON THE INTERNET, AND I THINK IT WAS TWO MONTHS IN A ROW WHERE IT WAS A HUGE EVENT WHERE SOMEWHAT LIKE A FISH FRY COUNT AS A SPECIAL EVENT.

IF YOU'RE YEAH.

IF IT'S A COMMERCIAL ENTERPRISE AND FROM WHAT I KNOW OF A FISH FRY, YOU KNOW, I'M JAMAICAN, SO I UNDERSTAND THAT THOSE YOU'RE COMING IN, YOU'RE PAYING, YOU'RE COMING TO.

YEAH. OKAY.

AND NORMALLY YOU'RE DOING IT IF YOU'RE DOING IT EVERY WEEK AND ONCE A MONTH, BUT YOU'RE PAYING TO COME AND IT CAN.

AND YOUR ADVERTISING.

I'VE SEEN FLIERS FOR FISH FRY.

I HAVE.

YEAH. WHERE YOU'RE ADVERTISING, YOU'RE ON THE INTERNET.

YEAH. SO I JUST WANTED TO PUT IT OUT THERE BECAUSE A LOT OF PEOPLE THINKS IT'S AT THEIR HOME.

SO, YOU KNOW, BUT IF YOU LOOK AT THE LAST PAGE OF THE ORDINANCE WHERE WE'VE DEFINED, WE'VE ADDED IN THE MORE EXPANSIVE DEFINITION, YOU'LL SEE THAT WE'RE REALLY KEYING IN ON EVENTS THAT ARE INTENDED TO BE OPEN TO THE PUBLIC FOR FINANCIAL GAIN.

AND SO THAT'S WE'VE TAILORED THE DEFINITIONS TO ADDRESS THAT.

SO FOR EXAMPLE, THE MS. CALLOWAY INDICATED A BIRTHDAY PARTY, WHICH IS A PRIVATE EVENT, NOT OPEN GENERALLY TO THE PUBLIC, NOT WHERE PEOPLE WOULD BE CHARGING COVER CHARGE TO GET INTO YOUR PARTY. THAT CERTAINLY FALLS OUTSIDE THE DEFINITION OF EITHER A SPECIAL EVENT OR A TEMPORARY USE.

I ALSO WANTED TO MENTION THAT THE OTHER SIGNIFICANT PORTION OF THIS ORDINANCE THAT WE'VE ADDED IN IS TO REGULATE IT FROM THE STANDPOINT OF, AGAIN, HEALTH, SAFETY, WELFARE.

ON PAGE 17 OF THE PACKET, PAGE TEN OF THE ORDINANCE, WE'VE ADDED IN LANGUAGE IN THAT PAGE AND THE SUBSEQUENT PAGE ABOUT LIFE SAFETY, YOU KNOW, THAT, YOU KNOW, SOMETIMES THESE EVENTS ARE TAKING PLACE IN PRIVATE HOMES THAT AREN'T DESIGNED TO ACCOMMODATE TO 150 TO 200 PEOPLE OR LARGER.

AND IT GIVES THE OUR LAW ENFORCEMENT OFFICIALS, AS WELL AS OUR FIRE DEPARTMENT, OUR FIRE MARSHAL, THE ABILITY UNDER STATE LAW, WHICH IS ALREADY THERE, WE'VE JUST STATED IT CLEARLY UP FRONT TO CLOSE DOWN SOME OF THESE EVENTS OR TO REQUIRE THE PERSON WHO'S CONDUCTING THE ACTIVITY TO LIMIT THE NUMBER OF PEOPLE TO WHAT THE OCCUPANCY LOAD OF THE LOCATION IS IN WHICH IT'S BEING CONDUCTED AT UNDER THE THE LIFE SAFETY CODE.

FIRE CODE IS COMMONLY REFERRED TO.

AND SO WE'VE SET THAT FORTH IN THE ORDINANCE AS WELL AS AN ADDITIONAL TOOL TO REGULATE THESE TYPES OF ACTIVITIES.

I HAVE A QUESTION AS WELL.

THANK YOU FOR CLEARING UP, MISS CALLOWAY.

THE DIFFERENCE BETWEEN A SPECIAL EVENT AND A PRIVATE EVENT, BECAUSE I HAD THAT QUESTION AS WELL WITH THE FOUR HOUR RESTRICTION.

IF SOMEONE NEEDS LET'S SAY THAT THE CHURCH THAT HAS A FAIR GOING ON, SOME KIND OF CARNIVAL OR FAIR, I'M GOING TO ASSUME THAT THERE WOULD APPLY FOR THE SPECIAL EXCEPTION AND THEN THE BOARD WOULD REVIEW THAT BEFORE SAYING YAY OR NAY, AM I CORRECT? LET ME INTERRUPT. IT'S THE NO SPECIAL EVENT SHALL ASK FOR MORE THAN FOUR CONSECUTIVE DAYS OR MORE OR OCCUR MORE THAN FOUR TIMES A CALENDAR YEAR.

THERE'S NOT NECESSARILY AN HOUR LIMITATION.

OKAY, I SEE THAT NOW.

OKAY. ALL RIGHT.

IT IS A PUBLIC HEARING.

SO YOU WOULD HAVE TO OPEN THE THE ITEM UP TO PUBLIC COMMENT.

GOTCHA. DOES ANYONE ELSE HAVE ANY OTHER? YES. I JUST NEED SOME CLARIFICATION.

DOES A YARD SALE OR GARAGE SALE NEED PERMISSION BEFORE IT TAKES PLACE? YES. SO IT'S A NO COST PERMIT THAT YOU WOULD NEED TO ACQUIRE FROM THE COMMUNITY DEPARTMENT OFFICE, SPECIFICALLY THE CODE ENFORCEMENT DIVISION.

SO THE CITY NEEDS TO BE NOTIFIED IN ADVANCE OF A GARAGE SALE?

[00:25:02]

YES, YOU WOULD NEED A PERMIT, BUT IT'S A NO CAUSE PERMIT.

WE DON'T CHARGE A FEE.

BUT YOU WOULD NEED A PERMIT.

YES, FROM OUR OFFICE.

AND IS THERE A LIMIT TO HOW LONG A GARAGE SALE COULD GO ON? SOMETIMES I SEE THEM GOING ALL DAY.

THE PERMIT WILL HAVE THE LIMITATION, BUT I THINK THE CODE SAYS YOU CANNOT HAVE IT FOR MORE THAN FOUR TIMES A YEAR AS WELL.

LET ME SEE THAT. THANK YOU.

HOW WOULD? OK VIOLA? I JUST HAVE A COMMENT THAT I THINK IT'S GREAT THAT THE CITY IS TRYING TO ADJUST, ADDRESS THIS BECAUSE IT IS AN ISSUE.

IT'S BECOMING MORE POPULAR IN MANY, MANY COMMUNITIES BECAUSE I HAVE SEEN IT.

AND SO IT'S GOOD THAT THE CITY IS TRYING TO GET AHEAD OF THIS AND REGULATE IT.

I APPLAUD THE CITY FOR THAT.

OKAY. DO WE HAVE ANY OTHER QUESTIONS? NO. ALL RIGHT.

I GUESS WE'RE READY TO MAKE A VOTE.

DID YOU OPEN UP THE PUBLIC HEARING? OH, NO, WE HADN'T. I THOUGHT BECAUSE YOU SAID IT WAS THE PUBLIC CLOSED IT.

THEN WE'RE GOING TO GO AHEAD AND CLOSE OUT THE COMMENT SECTION AND MOVE TOWARDS VOTING.

DO WE HAVE A MOTION TO APPROVE? A MOTION TO? YES.

MOTION TO APPROVE. DO WE HAVE? SECOND. OKAY.

DAVID LEVIN.

YES, SAJEEN BELL CLARK.

YES. RICHARD HUGHES.

YES. NIKOLE CLAIR.

YES. VIOLA WATSON.

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

THANK YOU. WE'LL NOW MOVE ON TO ITEM EIGHT B AS IN BOY T02514 AND AN ORDINANCE OF THE CITY

[8.b TO 2514 - An ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10 of the City of Tamarac Code of Ordinances, entitled “Land Development Code” by amending Article 6 entitled “Rules of Construction and Definitions, ”by specifically amending Section 10-6.2, entitled “Use Categories and Use Types Defined”, and Section 10-6.3, entitled “Other Terms Defined”, to provide definitions for certain “Adult Entertainment Uses” identified in the city’s land development code; providing for codification; providing for conflicts; providing for severability; and providing for an effective date.]

COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER TEN OF THE CITY OF TAMARACK CODE OF ORDINANCE ENTITLED LAND DEVELOPMENT CODE BY AMENDING ARTICLE SIX ENTITLED RULES BY SPECIFICALLY AMENDING SECTION TEN DASH 6.2 ENTITLED USE CATEGORIES AND USE TYPES DEFINED EXCUSE ME IN SECTION TEN 6.2 EXCUSE ME IN SECTION TEN 6.3 ENTITLED OF A TERMS DEFINED TO PROVIDE DEFINITIONS FOR CERTAIN ADULT ENTERTAINMENT USES, IDENTIFYING IN THE CITY'S LAND DEVELOPMENT CODE, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE USE.

NOW HEAR FROM THE CITY.

GOOD MORNING. THANK YOU, MADAM CHAIR.

MEMBERS OF THE BOARD.

EXCUSE ME FOR THE RECORD, MY NAME IS ANN JOHNSON, SENIOR PLANNER, COMMUNITY DEVELOPMENT DEPARTMENT.

AS INDICATED BY THE TITLE, THE ITEM BEING BROUGHT BEFORE YOU TODAY IS AN AMENDMENT TO THE TEXT OF THE CITY'S LAND DEVELOPMENT CODE AS IT RELATES TO DEFINITIONS FOR ADULT ENTERTAINMENT USES.

SO JUST TO GIVE YOU A LITTLE BIT OF BACKGROUND ABOUT THIS PARTICULAR ISSUE.

ADULT ENTERTAINMENT DEFINITIONS WERE ORIGINALLY CODIFIED IN THE CITY'S CODE IN 1975, UNDER CHAPTER 12, UNDER THE CITY'S BUSINESS TAX REGULATIONS.

THE CITY'S CODE WAS REWRITTEN IN 2018.

THE LAND DEVELOPMENT CODE.

IN THAT PARTICULAR CHAPTER, THE DEFINITIONS THAT WERE EXISTING IN CHAPTER 12 WERE TRANSPIRED INTO THAT CHAPTER.

SO AS IT STANDS TODAY, THESE DEFINITIONS ARE LOCATED THROUGHOUT THE CODE IN THE SECTIONS THAT I HAVE LISTED ON THE SCREEN THERE.

SO THEY'RE IN CHAPTER 12, ALSO IN SECTION TEN, DASH 6.2 UNDER THE USE TYPES AND USE CATEGORIES DEFINED AND THEN ALSO UNDER SECTION TEN DASH 6.3.

OTHER TERMS DEFINED.

SO CURRENTLY THERE ARE 13 ADULT ENTERTAINMENT USES THAT WERE ORIGINALLY CODIFIED.

OUR STAFF IS ACTUALLY IN THE PROCESS OF ALSO UNDER A SEPARATE AMENDMENT REWRITING CHAPTER 12, WHICH IS THE BUSINESS TAX REGULATIONS. AND SO THOSE DEFINITIONS WILL BE REMOVED FROM THAT SECTION AND THE DEFINITIONS WILL BE LOCATED SOLELY IN THE LAND DEVELOPMENT CODE WITH THE REST OF THE DEFINITIONS FOR THESE PARTICULAR USES.

[00:30:04]

DURING THE COURSE OF REVIEWING THESE PARTICULAR CHAPTERS OF THE CODE, WE ALSO DETERMINE THAT SOME OF THESE TERMS WERE NOT YET FULLY DEFINED, SO THEY WERE KIND OF LUMPED TOGETHER INTO A GENERAL DESCRIPTION FOR ADULT ENTERTAINMENT USES.

HOWEVER, IN LIGHT OF SOME EVOLUTIONS IN THE APPLICATIONS THAT WE HAVE RECEIVED AND ALSO JUST DUE TO THE NATURE OF BEING ABLE TO REGULATE THESE INDUSTRIES MORE EFFECTIVELY, THIS TEXT AMENDMENT WILL ADDRESS DEFINING THOSE TERMS THAT WERE NOT ORIGINALLY DEFINED. SO I WON'T GO THROUGH THE LIST.

THERE YOU CAN SEE WHAT'S IN BOLD.

THOSE ARE THE TERMS THAT WERE NOT ORIGINALLY DEFINED.

AND SO WHAT THIS TEXT AMENDMENT DOES IS DEFINE THOSE DESIGNATIONS.

SO AGAIN, THE PURPOSE OF THIS AMENDMENT IS TO PROVIDE FOR A MORE SUCCINCT, CONCISE MANNER IN WHICH ADULT ENTERTAINMENT USES ARE CLASSIFIED AND DEFINED TO ENSURE THAT CITY STAFF HAS A MORE EFFECTIVE MEANS BY WHICH TO REGULATE ADULT ENTERTAINMENT BUSINESSES, AND ALSO TO CONTINUE TO FOSTER PUBLIC SAFETY BY REGULATING ADULT ENTERTAINMENT LAND USES AND MITIGATING THEIR IMPACT ON THE EXISTING BUILT ENVIRONMENT.

AS A PART OF STAFF'S STAFF'S PROCESS, WE DID REVIEW WHAT IS CONSIDERED THE INDUSTRY STANDARD FOR DEFINITIONS IN REGARDS TO PLANNING AND ZONING.

SO WE REFER TO THE APA, WHICH IS THE AMERICAN PLANNING ASSOCIATION PLANNERS DICTIONARY.

WE ALSO REVIEWED OTHER MUNICIPAL CODES AS WELL TO REACH A CONSENSUS ON HOW TO DEFINE THESE USES IN THEIR UNIQUE NATURE AND ALSO THE ORIENTATION OF THESE BUSINESSES BASED ON THEIR USES.

SO ON THE SCREEN SHOWN BEFORE YOU WAS THE FIRST SECTION OF THE TEXT AMENDMENT.

AND SO THIS IS SECTION TEN DASH 6.2.

YOU'LL SEE SOME TERMS WERE ACTUALLY STRUCK FROM THE ORIGINAL OVERVIEW.

AND THIS IS AGAIN WHERE WE DISCOVER THAT SOME OF THESE USES NEEDED TO BE MORE.

STRINGENTLY DEFINED SO THAT THE CLASSIFICATION PROCESS COULD PROVIDE FOR MORE CLARITY, BOTH FOR STAFF AND ALSO FOR ANY APPLICANTS OR ANY EXTERNAL USERS OF THE CODE.

THE THIS PARTICULAR SECTION ALSO REFERS THE USER TO C SECTION 26.3 AS WELL, WHICH IS THE OTHER SECTION OF THE DEFINITION SECTION OF THE LAND DEVELOPMENT CODE, WHICH CONTAINS LANGUAGE THAT IS SPECIFIC TO EACH ADULT ENTERTAINMENT USE.

SO ALL OF THE LANGUAGE SHOWN BEFORE YOU THAT'S IN RED AND UNDERLINED THIS IS SOME LANGUAGE THAT WAS ADDED IN BASICALLY BEFORE THE ACTUAL DEFINITIONS OF EACH ADULT ENTERTAINMENT USE.

AND SO WHAT WE WERE FINDING IS THAT CERTAIN ADULT ENTERTAINMENT USES DON'T NECESSARILY CHARGE MAYBE AN ENTRY FEE OR SOME TYPE OF EXCHANGE OF MONETARY COMPENSATION IN ORDER TO ENTER THE PREMISES.

SO THIS LANGUAGE IS MEANT TO STRENGTHEN STAFF'S ABILITY TO DESIGNATE OR CLASSIFY A USE AS AN ADULT ENTERTAINMENT ESTABLISHMENT REGARDLESS OF THE EXCHANGE OF COMPENSATION.

SO AS WE HAVE SEEN, THERE ARE SOME ADULT ENTERTAINMENT USES THAT MAY CHARGE DUES.

THEY MAY CALL THEM MEMBERSHIP FEES, THINGS OF THAT NATURE.

AND SO THIS IS MEANT TO KIND OF CAPTURE THOSE INSTANCES, TO MAKE SURE THAT REGARDLESS OF WHAT THE EXCHANGE OF COMPENSATION IS, WE DO HAVE THE ABILITY JUST BECAUSE, DUE TO THE NATURE OF THE BUSINESS, TO CLASSIFY IT AS AN ADULT ENTERTAINMENT ESTABLISHMENT.

SO AS I JUST PREVIOUSLY MENTIONED, AGAIN, I WON'T GO THROUGH ALL THE LANGUAGE HERE, BUT EACH USE HAS BEEN SEPARATED OUT AND IT HAS BEEN DEFINED SPECIFICALLY ACCORDING TO THE ACTIVITY THAT IS TAKING PLACE WITHIN THE ESTABLISHMENT.

SO AGAIN, THESE USES WERE NOT ORIGINALLY DEFINED AND NOW THESE USES ARE BEING DEFINED TO PROVIDE CLARITY IN THE CITY'S CODE.

AND THESE ARE, AGAIN, ADDITIONAL DEFINITIONS.

SOME OF THE LANGUAGE THAT HAS BEEN AMENDED, AGAIN, FROM THE EXISTING DEFINITIONS IS JUST MEANT TO STRENGTHEN THE CITY'S CODE AND GIVE US THE ABILITY TO DESIGNATE THESE USES, PARTICULARLY IN REGARDS TO WHERE THEY'RE LOCATED, HOW THEY'RE OPERATING, AND WHATEVER TYPE OF ACTIVITY IS TAKING PLACE INSIDE OF THE STRUCTURE. AND I'LL JUST AGAIN, CONTINUE.

[00:35:02]

THESE ARE, AGAIN, JUST STRENGTHENING LANGUAGE TO STRENGTHEN THE DEFINITIONS FOR EACH INDIVIDUAL USE.

AND SO SHOWN ON THE SCREEN BEFORE YOU ARE THE REVIEW STANDARDS AS IT RELATES TO A TEXT AMENDMENT TO THE CITY'S LAND DEVELOPMENT CODE.

A STAFF DOES BELIEVE THAT THIS AMENDMENT DOES MEET THOSE REQUIREMENTS AND AS SUCH, WE ARE RECOMMENDING THAT THE BOARD FORWARD A FAVORABLE RECOMMENDATION OF APPROVAL FOR THIS PARTICULAR TEXT AMENDMENT.

THIS TEXT AMENDMENT IS ALSO CONSISTENT WITH GOAL NUMBER TWO OF THE CITY'S STRATEGIC PLAN.

TAMARAC IS SAFE AND PEOPLE KNOW IT AGAIN AS IT RELATES TO THE SAFETY AND THE REGULATION OF ADULT ENTERTAINMENT USES.

AGAIN. THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION FOR APPROVAL FOR THE ADOPTION OF THE PROPOSED TEXT AMENDMENT TO CHAPTER TEN.

ARTICLE SIX, SECTION TEN 6.2 ENTITLED USE CATEGORIES AND USE TYPES DEFINED, AND ALSO SECTION TEN 6.3 ENTITLED OTHER TERMS DEFINED IN THE CITY OF TAMARAC CODE OF ORDINANCE TO THE CITY COMMISSION ON FIRST READING AT ITS SEPTEMBER 14TH, 2022 MEETING, AND THEN ON SECOND READING AT ITS SEPTEMBER 28TH, 2022 MEETING.

AND THAT CONCLUDES MY PRESENTATION.

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

THANK YOU. THANK YOU.

DO WE HAVE ANY QUESTIONS FROM THE PUBLIC? OKAY. WE'LL CLOSE THAT FLOOR NOW.

FROM THE BOARD. DO WE HAVE ANY QUESTIONS? SAJEEN? HEY. MORNING.

WHAT WOULD BE CONSIDERED AN ADULT DATING SERVICE? AN ADULT DATING SERVICE.

SO WE'LL JUST GO BACK TO THE DEFINITIONS HERE.

BASICALLY, THE NEXT IS IS TO ESTABLISH A SOCIAL RELATIONSHIP OF ANY TYPE.

IT COULD ALSO LEAD TO SOMETHING FURTHER IN REGARDS TO PHYSICAL OR INTIMATE CONTACT BETWEEN THE TWO.

SO AGAIN, IT'S DEFINED AS INDIVIDUAL PERSON OR PERSONS, IRRESPECTIVE OF THE MEANS OF COMPENSATION.

SO AGAIN, IT DOESN'T NECESSARILY HAVE TO INVOLVE THE CHANGE OF MONEY.

THIS IS A PROFESSIONAL THIS IS MORE LIKE A COMMERCIAL ENTERPRISE THAT HAS BEEN SET UP TO INTRODUCE TWO PEOPLE, NOT NECESSARILY MAYBE TO PEOPLE MEETING ON SOCIAL MEDIA. SO, AGAIN, THIS IS A BUSINESS THAT HAS BEEN ESTABLISHED FOR THE PURPOSE OF INTRODUCING TWO ADULTS TO ENGAGE IN SOME TYPE OF SOCIAL, MAYBE INTIMATE TYPE OF RELATIONSHIP.

I ASK. I MEAN, OBVIOUSLY I KNOW WHAT THE DATING SERVICE IS, BUT I ASK BECAUSE HOW DOES THAT RELATE TO.

MAYBE SOMETHING OF A SEXUAL NATURE.

SO WHAT STAFF WOULD HAVE TO DO IS, AGAIN, THESE USES ARE VERY UNIQUE.

AND SO WHEN THEY COME IN, WE HAVE TO LOOK AT THEM ON A INDIVIDUALIZED BASIS.

WE TEND TO LOOK AT WHATEVER MATERIAL IS BEING PRESENTED BY THE BUSINESS AT THAT TIME.

SO LET'S SAY IF SOMEONE WERE TO COME IN FOR A BUSINESS LICENSE FOR AN ADULT DATING SERVICE, FOR EXAMPLE, SPEED DATING, RIGHT? SO AGAIN, A SPEED DATING SERVICE WOULDN'T NECESSARILY QUALIFY, JUST DEPENDS ON THE NATURE OF THE TYPE OF RELATIONSHIP THAT THEY'RE SEEKING TO ESTABLISH.

SO AGAIN, IF YOU WERE TO LOOK AT MAYBE A PAMPHLET FOR AN ADULT DANCING ESTABLISHMENT, WELL, YOU KNOW, IT'S NOT A REGULAR DANCE STUDIO JUST BECAUSE OF THE YOU KNOW, THE MANNER OF CLOTHING.

RIGHT. EXACTLY.

SOMETHING LIKE THAT. SO WITH THIS ADULT DATING SERVICE IS NOT MEANT TO REALLY ADDRESS THOSE INSTANCES, BUT INSTANCES WHERE WE CAN CLEARLY TELL THAT THERE IS, YOU KNOW, THE INTENT OF ESTABLISHING MORE OF AN INTIMATE RELATIONSHIP THAT COULD POSSIBLY INVOLVE, YOU KNOW, SO YOU EVALUATE IT BEFORE YOU WRITE. IT'LL BE ON A CASE BY CASE BASIS AND BODY.

ROB THAT'S JUST MASSAGES IS THAT MASSAGE PARLORS IT'S AND THAT'S WHY WE KIND OF REMOVE THE BODY RUB AWAY FROM BEING A STANDALONE USE ON ITS OWN.

SO BODY RUB WOULD BE.

AKIN TO THE MASSAGE ESTABLISHMENT FACILITY, BUT THE ACTIVITY THAT WOULD INVOLVED WHAT WE CONSIDER ADULT ACTIVITY, AGAIN, THE TOUCHING OF PARTICULAR ANATOMICAL PARTS, THINGS OF THAT NATURE THAT ARE MEANT TO STIMULATE OR AROUSE SOMEONE, THAT THAT IS WHEN IT MOVES INTO THE ADULT CATEGORY AND THAT'S NOT PERMITTED.

OKAY. THANK YOU.

I HAVE A QUESTION, IF YOU DON'T MIND.

HOW WOULD YOU REGULATE THE BODY RUB? LIKE, FOR EXAMPLE, THERE'S A TRADITIONAL MASSAGE PARLOR WHERE THEY'RE GIVING MASSAGES AND THERE'S A PARLOR THAT THEY'RE DOING A LITTLE EXTRA.

[00:40:02]

HOW WOULD THE CITY KNOW THAT? HOW WOULD YOU REGULATE THAT? SO TYPICALLY, THOSE TYPES OF FACILITIES, THEY KIND OF COME UNDER THE CITY'S RADAR.

THERE ARE CERTAIN THINGS ABOUT THESE ESTABLISHMENTS THAT KIND OF MAKE THEM STAND OUT FROM YOUR TYPICAL DAY SPAS.

THEY'RE USUALLY OPEN LATE AT NIGHT.

THE WINDOWS ARE TINTED VERY DARKLY.

YOU KNOW, THEY HAVE MAYBE LIKE AN OPEN NEON OPEN SIGN THAT'S REALLY NOT SUPPOSED TO BE LIT BEYOND A CERTAIN HOUR BECAUSE THE CITY DOES HAVE SEPARATE MASSAGE ESTABLISHMENT GUIDELINES WHERE THEY CAN'T OPERATE.

I WANT TO SAY OFF THE TOP OF MY HEAD BEYOND 10 P.M.

IN THE EVENING. SO, YOU KNOW, TO SOME DEGREE, THESE FACILITIES THAT KIND OF STAND OUT, YOU KIND OF KNOW WHEN YOU GO IN TO DO THE SAFETY INSPECTIONS AND BUILDING INSPECTIONS, HOW THESE FACILITIES ARE SET UP.

THEY HAVE CLOSED CIRCUIT TELEVISION CAMERAS INSIDE THE MASSAGE ROOMS, WHICH IS NOT TYPICAL OF A REGULAR DAY SPA.

SO THERE IS JUST CERTAIN THINGS THAT STAFF WOULD KNOW TO LOOK FOR, TO KIND OF UNDERSTAND THAT THIS MAY NOT BE THE TYPICAL MASSAGE ESTABLISHMENT.

I UNDERSTAND. HAVE A COUPLE MORE FOLLOW UP QUESTIONS.

I DON'T DANCING ESTABLISHMENT.

I UNDERSTAND THAT SOMETHING LIKE A STRIP CLUB WANT TO KIND OF LIMIT.

HOWEVER, THERE IS A NEW RISE IN SUCH THINGS AS SENSUAL DANCE CLASSES FOR WOMEN WHERE WOMEN ARE ALLOWED TO KIND OF EXPRESS THEIR FEMININITY.

IS THAT SOMETHING THAT WOULD BE RESTRICTED IF SOMEONE WANTED TO OPEN A STUDIO IN TAMRAC OF THAT NATURE? A DANCE STUDIO? NO.

SO THOSE TYPES OF CLASSES IN THERE COMMONLY I KNOW WHAT YOU'RE TALKING ABOUT REFERRED TO AS POLE DANCING CLASSES OR EVEN SOMETHING.

YES, YES.

OR EROTIC DANCING CLASSES.

SO THERE WOULD BE TWO QUALIFIERS.

RIGHT. SO FIRSTLY, IF THE WOMEN ARE REMAIN CLOTHED TO A CERTAIN DEGREE, IT WOULD BE CONSIDERED INSTRUCTIONAL. HOWEVER, THERE IS ANOTHER SECTION OF THE CITY'S CODE THAT SPECIFIES THAT WHEN CERTAIN ANATOMICAL PARTS BECOME EXPOSED, NOW YOU HAVE PASSED THE THRESHOLD INTO ADULT ENTERTAINMENT.

SO AGAIN, THESE INSTRUCTIONAL STUDIOS WHERE YOU TYPICALLY JUST HAVE A ROOM FULL OF WOMEN AND THEY ARE LEARNING TO DANCE IN THIS MANNER WOULD NOT QUALIFY AS AN ADULT USE. BUT THEN IF THERE IS THE REMOVAL OF CLOTHING, IF THEY'RE CHARGING TO GET IN, IF MEN ARE STANDING AND GAWKING AND THEN, YOU KNOW, SO THAT'S WHEN WE KNOW.

ANOTHER QUESTION, ADULT BATHHOUSE.

THERE ARE, PARDON ME.

THERE ARE BATHHOUSES THAT AREN'T SEXUAL IN NATURE.

HOW WOULD YOU IDENTIFY IF SOMEONE WANTED TO OPEN A BATHHOUSE? AND TAMARAC, HOW WOULD YOU IDENTIFY WHETHER IT WAS A SEXUAL BATHHOUSE OR JUST A TRADITIONAL BATHHOUSE? SO THE LAST PART OF THIS DEFINITION WHERE IT SAYS IT WOULD BE IN CONJUNCTION WITH SERVICES THAT ARE CHARACTERIZED BY AN EMPHASIS ON SPECIFIED SEXUAL ACTIVITIES OR SPECIFIED ANATOMICAL AREAS AS DEFINED.

SO AGAIN, IF THERE ARE CERTAIN ACTIVITIES THAT ARE BEING OFFERED AS A SERVICE, AGAIN THE EXPOSURE OF ANATOMICAL PARTS.

THIS IS DIFFERENT FROM A GYM SAUNA WHERE, YOU KNOW, PEOPLE MAY BE UNCLOTHED OR MAYBE JUST SITTING IN A TOWEL IN A STEAM ROOM.

THESE ARE PLACES THAT PARTICULARLY DON'T ALLOW MINORS AND PROBABLY OFFER SOME ADDITIONAL SERVICE IN ADDITION TO, YOU KNOW, THE STEAM ROOM OR BATH SERVICES THAT THEY MAY OFFER.

SURE. SO IF THEY WERE TO ALLOW NUDITY, YOU WOULD SAY NO TO THAT.

NOW, NUDITY DOESN'T NECESSARILY MEAN SEXUAL, BUT WE WOULDN'T ALLOW THAT.

WELL, AGAIN, A NUDITY COULD BE A PART OF AN ADULT BATHHOUSE, BUT THESE USES, THEY'RE VERY UNIQUE.

AND SO WHENEVER A BUSINESS TAX RECEIPT APPLICATION COMES IN, WE DEFINITELY HAVE TO LOOK AT THEM ON THE BASIS OF WHAT THEY'RE PRESENTING.

IF WE GO IN LIKE WE HAVE FOUND WITH CERTAIN MASSAGE ESTABLISHMENTS, IF WE GO IN AND WE FIND AGAIN, WE SEE THE CLOSED CIRCUIT TELEVISION CAMERAS, WE SEE A BOX ON THE WALL TO LEAVE TIPS.

THERE ARE JUST CERTAIN THINGS THAT KIND OF TRIGGER TO LET US KNOW THAT THESE.

ESTABLISHMENTS ARE OPERATING OUTSIDE OF WHAT, A TRADITIONAL SAUNA OR, YOU KNOW, A TANNING SALON WOULD BE BECAUSE THEY DO USE THOSE GUISES, YOU KNOW, FROM TIME TO TIME.

AND ONCE WE DO THE INSPECTION OR ONCE LAW ENFORCEMENT GOES OUT BECAUSE THERE MAY BE COMPLAINTS AND THAT'S HOW WE'RE ABLE TO ALSO ADDRESS AND SHUT DOWN THESE ILLEGAL USES.

OKAY. ONE FINAL QUESTION.

OUTSIDE OF THE ONE CLUB THAT I THINK MOST OF US HAVE ARE AWARE OF, DOES TAMARAC HAVE ANY ISSUE OUTSIDE OF THAT WITH SEXUAL PROMISCUITY OR SEXUAL TYPE THINGS ENTERING OUR CITY?

[00:45:05]

SO THESE USES ARE PERMITTED PROVIDED THAT THEY ARE LOCATED IN THE APPROPRIATE ZONE INDUSTRY AND THAT THEY ARE RECEIVING APPROVAL FROM THIS BOARD.

I DON'T MEAN TO CUT YOU OFF, SO WE NEED TO MAKE THEM TAKE A BREAK RIGHT NOW.

DO WE HAVE THE QUORUM TO? WERE OKAY? OKAY, I'M SORRY. NO PROBLEM.

SO THESE USES ARE PERMITTED PROVIDED THAT THEY ARE LOCATED IN THE APPROPRIATE ZONE IN DISTRICT, AND ALSO THAT THEY ARE RECEIVING SPECIAL EXCEPTION APPROVAL.

SO THIS HISTORICALLY HAS BEEN THE CASE.

ANY ADULT ENTERTAINMENT USE WOULD HAVE TO COME BEFORE THIS BOARD AND THEN ALSO SUBSEQUENTLY RECEIVE APPROVAL FROM THE CITY COMMISSION.

OKAY. THANK YOU. DO WE HAVE ANY OTHER QUESTIONS? SO WE DO HAVE TO WAIT FOR RICHARD TO VOTE, RIGHT? NO, WE'RE GOOD TO GO.

OKAY. ALL RIGHTY.

DO YOU HAVE A QUESTION, MR. LEVINE? MR. DAVID, YOU HAVE A QUESTION? NO QUESTIONS. OKAY.

ALL RIGHTY. AT THIS TIME, IT LOOKS LIKE WE'RE ALL DONE WITH OUR QUESTIONS.

DO WE KNOW WE'RE GOOD? OKAY, WE'RE GOING TO MAKE A MOTION.

CAN I HAVE A MOTION TO MOVE? I'M SORRY. YES, PUBLIC HEARING.

THANK YOU FOR REMINDING ME.

DO WE HAVE ANYONE FROM THE PUBLIC WHO WOULD LIKE TO MAKE A COMMENT AT THIS TIME? OKAY. WE'RE GOING TO CLOSE THE FLOOR NOW.

WE'RE GOING TO GO AHEAD AND MAKE A MOTION.

WE HAVE SOMEONE TO MAKE A MOTION.

I MAKE A MOTION THAT WE MOVE AHEAD WITH VOTING WITH THIS.

DO WE HAVE A SECOND? I SECOND.

NICOLE CLAIRE YES, SAJEEN BELL CLARK.

YES. DAVID LEVIN.

YES. VIOLA WATSON.

YES. AND RICHARD IS NOT HERE AT THE MOMENT.

THANK YOU. THE NEXT ITEM, ITEM NUMBER NINE IS A QUASI JUDICIAL HEARING.

WE'VE ALREADY DONE THE SWEARING IN, SO I'M GOING TO MOVE RIGHT INTO THE ITEM.

[Items 9.a - 9.c]

ITEM 9ATB054 AND FIVE FIVE.

BOARD ORDER APPROVING OR DENYING VARIANCE FOR CALI COFFEE IN MCNAB OR CALI COFFEE MCNAB.

THE ADDRESS IS 7775.

WEST MCNAB ROAD TAMARACK, FLORIDA.

33321. J.

KEITH SHELTON OF NERI KERR CAPITAL RE LLC IS THE DESIGNATED AGENT FOR THE PROPERTY OWNER MCNAB MARKETPLACE LAND TRUST TRENDS.

GLOBAL FINANCIAL ANALYSTS SEE IS THE APPLICANT.

THEY FILED AN APPLICATION WITH THE CITY OF TAMARACK.

DEPARTMENT OF COMMUNITY DEVELOPMENT IS SEEKING APPROVAL AND WILL HEAR EACH ITEM AT A TIME.

MADAM CHAIR, IF YOU COULD INTRODUCE NINE B AND NINE C AS WELL, THEY ALL GO TOGETHER, NOT A PROBLEM.

ITEM NINE B TBO FIVE SEVEN BOARD ORDER APPROVING OR DENYING SPECIAL EXCEPTION FOR CALI COFFEE MCNAB AGAIN, THE ADDRESS IS 775 WEST MCNABB ROAD TAMARACK, FLORIDA.

JAKE SHELTON OF NORCO CAPITAL, LLC IS A DESIGNATED AGENT FOR THE PROPERTY OWNER MCNAB MARKETPLACE LAND TRUST TRENDS GLOBAL FINANCIAL IS THE APPLICANT FILED AN APPLICATION WITH THE CITY OF TAMARACK, DEPARTMENT OF DEPARTMENT OF COMMUNITY DEVELOPMENT SEEKING APPROVAL.

ITEM NINE C TR 13803A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARACK, FLORIDA, GRANTING A SITE APPROVAL MAJOR WITH CONDITIONS TO ALLOW FOR THE DEVELOPMENT OF A NEW STORE.

NEW ONE STORY 1500 SQUARE FOOT BUILDING WITH THE ADDITION OF A DRIVE THRU LANE RELATED INFRASTRUCTURE FOR THE PURPOSE OF RESTAURANT COUNTY COFFEE FOR THE SUBJECT PROPERTY AT 775 WEST MCNAB ROAD TAMARACK, FLORIDA LEGALLY DESCRIBED IN EXHIBIT A CASE NUMBER ONE TO SPE DASH 21, PROVIDING FOR CONFLICTS, PROVIDING FOR SERVE AVAILABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

MADAM CHAIR? WELL, NOW, I'M SORRY.

I KNOW THAT YOU SAID THAT THE WITNESSES HAD BEEN HAVE BEEN SWORN IN, BUT I DON'T RECALL THAT THE EITHER I OR THE CLERK OR ANYONE OR YOU SWORE IN THE WITNESSES AND I'M GETTING A HEAD NOD FROM THE PEOPLE IN THE AUDIENCE.

SO IF ANYONE WHO'S GOING TO TESTIFY REGARDING THIS MATTER, PLEASE.

COUNCIL'S EXCLUDED.

THEY DON'T HAVE TO SWEAR THEM. BUT ANYONE ELSE IS GOING TO GIVE TESTIMONY ON ANY OF THE ITEMS HAVE BEEN READ INTO THE RECORD.

[00:50:05]

IF YOU COULD STAND AND PLEASE RAISE YOUR RIGHT HAND.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH REGARDING THE MATTERS SCHEDULED FOR HEARING THIS MORNING.

WITNESSES HAVE BEEN SWORN.

SORRY. I THINK THAT WAS MY MISTAKE.

ALL RIGHT. WELL, NOW HERE FROM THE CITY, AN ITEM NINE A YEAR WITH QUASI JUDICIAL HEARINGS.

WE WERE GOING TO START WITH THE APPLICANT.

OKAY. IS THERE A BUTTON THERE TO PRESS? ALL RIGHT. CAN YOU HEAR ME NOW? YES. PERFECT.

GOOD MORNING.

FOR THE RECORD, MY NAME IS CHRISTINA BLANK.

HERE ON BEHALF OF THE APPLICANT IS A PLEASURE TO BE HERE THIS MORNING.

WE ALSO HAVE MEMBERS FROM OUR PROJECT TEAM.

WE HAVE THE ARCHITECT PRESENT, THE CIVIL AND LANDSCAPE CONSULTANT PRESENT, AS WELL AS THE OWNER AND APPLICANT VIRTUALLY.

WE ARE HERE, IF YOU DON'T MIND.

I'M GOING TO KIND OF DISCUSS ALL OF THE APPLICATIONS DURING THIS PRESENTATION, AND I'M HAPPY TO THEN ASK QUESTIONS OR ANSWER QUESTIONS AS NEEDED. BUT WE DO HAVE A SPECIAL EXCEPTION APPLICATION TO VARIANCE APPLICATIONS AND A MAJOR SITE PLAN, WHICH I'LL GO INTO IN MORE DETAIL AS WE MOVE FORWARD.

BUT FIRST, I WANTED TO GIVE YOU A LITTLE BIT OF BACKGROUND ON KELLY COFFEE, BECAUSE THIS IS A USE THAT IS NEW AND NEW TO SOUTH FLORIDA IN PARTICULAR.

SO IT WAS FOUNDED IN 2018 BY CRAIG GUEVARA AND ROSE WHITE AFTER THE TWO MET WORKING IN THE FITNESS INDUSTRY IN LOS ANGELES, THE PAIR MOVED FROM HOLLYWOOD, CALIFORNIA TO HOLLYWOOD, FLORIDA TO BUILD AND START THEIR FLAGSHIP LOCATION AFTER DECIDING TO BRING THEIR LOVE OF COFFEE AND PEOPLE OUT TO THE EAST COAST.

THESE COFFEE STANDS ARE PRIMARILY DRIVE THRU BASED, AS IN TODAY'S HECTIC WORLD.

PEOPLE HAVE PLACES TO GET TO AND THEY DON'T USUALLY HAVE TIME TO PARK THEIR CAR, GET OUT AND STAND IN LINE.

SO CALI COFFEE FOCUSES ON HIGH QUALITY PREMIUM DRINKS, SERVED QUICKLY WITH A SMILE AND MORE.

SO CUSTOMER SERVICE IS THEIR KEY INGREDIENT.

THEY DON'T WANT TO BE GENERIC.

THEY DON'T WANT TO JUST SERVE COFFEE AND GET YOU OUT THE DOOR.

THEY WANT THEIR CUSTOMERS TO FEEL SPECIAL EVERY TIME THEY COME BY AND TO HAVE THEIR EXPERIENCE BE A HIGHLIGHT OF THEIR DAY.

KELLY COFFEE ALSO RAISES MONEY THROUGH SALES TO HELP LOCAL ORGANIZATIONS SO THAT THEY CAN BENEFIT THEIR COMMUNITY DIRECTLY.

SO IT IS A DRIVE THRU COFFEE SHOP WITH A WALK UP WINDOW.

THERE'S NO SERVICE INSIDE THE BUILDING OF ANY KIND WHICH DIFFERS FROM YOUR TRADITIONAL STARBUCKS OR DUNKIN LOCATIONS.

THERE'S NO COOKING OF ANY KIND.

THERE'S NO FOOD MENU ITEMS. THEIR MENU IS LIMITED TO COFFEE, BEVERAGES, SODAS, SHAKES AND RELATED DRINKS.

THEIR ARCHITECTURAL DESIGN IS MODERN.

THEY HAVE CHANGING PARAPETS AND MATERIAL APPLICATIONS AND WOOD ACCENTS, WHICH YOU'LL SEE A LITTLE BIT FURTHER ON IN THE PRESENTATION.

SO AGAIN, THEIR GOAL IS TO PROVIDE PERSONAL AND EFFICIENT SERVICE TO THEIR CUSTOMERS.

BEVERAGES ARE PROVIDED AT THE DRIVE THRU AND PICK UP WINDOWS AND STAFF MEMBERS ACTUALLY TAKE THEIR ORDERS ON IPADS AS THEY WAIT FURTHER BEHIND IN LINE. YOU SEE THAT OFTEN NOW IN CHICK-FIL-A AND SOME OTHER COMPETING RESTAURANTS, WHICH REALLY HELPS EXPEDITE THE SERVICE SO THAT CUSTOMERS DON'T HAVE TO WAIT IN LINE TO THEN MAKE THEIR ORDER, BUT RATHER WHEN THEY GET TO THE WINDOW ITSELF, THEIR ORDER IS READY TO GO.

SO THIS PROMOTES THE QUICK PICKUP AND GO SERVICE THAT COFFEE HAS BECOME KNOWN TO PROVIDING, AND THEY DO ALSO HAVE A SMALL COVERED OUTDOOR SEATING AREA FOR THEIR CUSTOMERS TO ENJOY THEIR BEVERAGES.

SO THE SPECIFIC LOCATION WE'RE LOOKING AT THIS MORNING IS JUST WEST OF UNIVERSITY DRIVE ON MCNAB ROAD.

IT IS PART OF THE FORMER WINN-DIXIE SHOPPING CENTER AND THE SITE IS HIGHLIGHTED IN RED.

IT WAS PREVIOUSLY USED PRIMARILY FOR OVERFLOW PARKING AND DRAINAGE, BUT THE SITE HAS BEEN VACANT SINCE WINN-DIXIE CLOSED MANY, MANY YEARS AGO.

AND THIS PARTICULAR PIECE OF THE PROPERTY HAS NOT PREVIOUSLY BEEN DEVELOPED BECAUSE AGAIN, IT WAS USED PRIMARILY FOR ACCESS AND DRAINAGE PURPOSES.

SO IT'S A 1.29 ACRE SITE.

IT IS ZONED MIXED USE COMMERCIAL AND THE PROPOSED USE AGAIN IS THE DRIVE THRU COFFEE SHOP.

SO WE ARE ASKING FOR TWO VARIANCES THIS MORNING.

[00:55:02]

THE FIRST VARIANCE FROM SECTION TEN, DASH 4.7 D, 5BA TO ALLOW THE REDUCTION OF THE MINIMUM TRANS TRANSPARENT GLAZING REQUIREMENT FROM 30% TO 25%.

AND THE SECOND IS SEEKING RELIEF FROM SECTION TEN, DASH 4.4 D3C II FOR THE REQUIREMENT OF PROVIDING THE NEW SOLID MASONRY WALL BUFFER ALONG THE PROPERTY LINE TO A RESIDENTIALLY ZONED PROPERTY.

AND THAT IS BECAUSE THERE IS AN EXISTING WALL WHICH I'LL GO INTO IN FURTHER DETAIL.

ALL RIGHT. SO THIS IS THE SOUTH ELEVATION WHERE THE DRIVE THRU IS LOCATED PURSUANT TO THE CODE.

THIS ELEVATION REQUIRES 30% TRANSPARENT GLAZING TO BE PROVIDED.

AND SO THE CALCULATION IS BASED ON THE AREA THAT'S HIGHLIGHTED IN RED ON THE SCREEN.

SO IT DOES NOT TAKE INTO ACCOUNT THE HIGHER OR LOWER PORTIONS OF THE ELEVATION.

SO YOU CAN SEE THERE IS A WINDOW WHERE THE DRIVE THROUGH IS ON THE RIGHT HAND, RIGHT HAND SIDE OF THE BUILDING AND TWO WINDOWS, TOWARDS THE LEFT HAND SIDE.

AND SO YOU CAN SEE HERE THEY'RE KIND OF HIGHLIGHTED THE DRIVE THROUGH ORDER OR PICKUP WINDOW, I SHOULD SAY, IS AN ACTUAL TRUE WINDOW THAT MEETS THE GLAZING REQUIREMENTS.

AND THEN THERE'S FAUX WINDOW TREATMENTS WHICH EQUATE TO WHEN YOU ADD ALL OF THAT TOGETHER, 126 SQUARE FEET A LITTLE JUST OVER THAT, WHEREAS 150 SQUARE FEET ARE REQUIRED.

SO WE ARE A LITTLE BIT SHY OF THAT REQUIREMENT.

AND SO AGAIN, THIS IS NOT YOUR TRADITIONAL COFFEE SHOP, LIKE A DUNKIN, LIKE A STARBUCKS WHERE YOU HAVE THAT INDOOR SEATING FOR THIS PARTICULAR COFFEE USER.

THE ENTIRE INTERIOR IS BACKUP HOUSE.

SO IT IS ALONG THAT WALL IS THE EQUIPMENT AREA.

IT'S WHERE COFFEES ARE BEING PREPARED.

IT'S WHERE THE BEVERAGES ARE BEING MADE, THE SHAKES ARE BEING MADE.

SO THAT ENTIRE SIDE OF THE BUILDING IS LINED WITH VARIOUS EQUIPMENT NEEDED TO AGAIN MAKE THESE ORDERS AND SEND THEM OUT THE DOOR, WHICH IS WHY WE CAN'T NECESSARILY PROVIDE ADDITIONAL WINDOWS.

STILL, WE'VE FOCUSED ON ADDING ADDITIONAL TREATMENTS TO CREATE THAT VISUAL INTEREST.

THERE IS THAT WOOD PANELING IN ADDITION.

SO IT'S BROKEN OUT, THAT FACADE.

IT'S NOT JUST ONE BLINK BLINKS WALL, ESSENTIALLY.

AND WE DO HAVE THOSE WINDOW TREATMENTS IN THERE AS WELL.

AND SO THIS ESSENTIALLY SHOWS YOU KIND OF THE INTERIOR LAYOUT WHERE THOSE FAUX WINDOWS AND THE DRIVE THRU WINDOW IS PROVIDED. AND AGAIN, YOU CAN SEE ALL OF THE EQUIPMENT IN THAT AREA AND THAT THIS IS TRULY BACKUP HOUSE.

THE SECOND VARIANCE REQUEST RELATES TO THE BUFFER WALL THAT'S REQUIRED ADJACENT TO A RESIDENTIALLY ZONED DISTRICT.

AND SO THAT PORTION OF WHERE THE WALL WOULD BE REQUIRED IS HIGHLIGHTED KIND OF IN RED ESSENTIALLY ALONG THE NORTH PROPERTY LINE.

AND THERE IS AN EXISTING WALL IN THIS LOCATION, I BELIEVE IT'S JUST OVER EIGHT FEET IN HEIGHT.

SO THAT AGAIN IS SHOWN ON THE PICTURES.

AND SO IF WE WERE TO PROVIDE A NEW WALL, IT WOULD NEED TO BE SET OFF THAT EXISTING WALL TO PROVIDE FOR APPROPRIATE FOOTERS. AND THEN IT MAKES MAINTENANCE VERY DIFFICULT BECAUSE AGAIN, YOU HAVE A SMALL GAP BETWEEN TWO WALLS AND THEN IT PROVIDES A SPACE FOR KIND OF UNDESIRABLE ACTIVITIES WHERE PEOPLE COULD BE HIDING.

SO INSTEAD OF PROVIDING A SECOND WALL, WE'RE SEEKING TO ESSENTIALLY ENHANCE THE WALL THAT'S EXISTING THERE, MAKE REPAIRS AS NECESSARY, BUT UTILIZE THAT EXISTING WALL FOR OUR BUFFER REQUIREMENT.

AND SO HERE YOU HAVE THE PROPOSED SITE PLAN FOR THE KALI COFFEE.

AGAIN, YOU CAN SEE THE PRIMARY ACCESS IS OFF MCNAB ROAD.

THERE'S AN INGRESS AND EGRESS THERE.

CUSTOMERS WOULD THEN BE ABLE TO PARK IN THE VARIOUS PARKING SPACES IF THEY WANT TO USE THE DRAW OR SORRY, THE WALK UP WINDOW.

EMPLOYEES WOULD ALSO OBVIOUSLY PARK IN THOSE PARKING SPACES AND THEN THOSE UTILIZING THE DRIVE THRU WOULD CIRCLE AROUND THE SITE, GO KIND OF TO THE NORTH END

[01:00:06]

AND THE DRIVE THRU WINDOW IS ON THE SOUTH END OF THE BUILDING.

SO AGAIN, HERE IS KIND OF THE PLAN.

YOU CAN SEE THE DRIVE THRU LANE AND PICK UP WINDOW AGAIN ON THE SOUTH SIDE OF THE BUILDING.

THE WALK UP ORDER WINDOW AND PICKUP WINDOW IS LOCATED ON THE EAST SIDE, KIND OF ADJACENT TO THESE ADA ACCESSIBLE SPACES.

AND ON THE NORTH SIDE OF THE BUILDING THERE IS A SMALL COVERED OUTDOOR SEATING AREA.

AND HERE WE HAVE SOME OF THE BUILDING ELEVATIONS.

AGAIN, IT'S A MODERN DESIGN.

IT HAS CHANGING PARAPETS AND MATERIAL APPLICATION FRAMING DIFFERENT ELEMENTS OF THE FACADE.

THEY HAVE WOOD SIDING ACCENTS TO CREATE VISUAL INTEREST AND ADD WARMTH.

AGAIN VARYING PARAPET HEIGHTS, ALL IMPACT RESISTANT TINTED GLASS AND ENTRY STOREFRONT WITH BLACK PANEL FRAMES. PAINTED SMOOTH STUCCO.

ATTRACTIVE ACCENT, PAINT COLORS.

AND BLACK METAL CANOPIES.

AND SO HERE YOU SEE KIND OF THE MATERIALS BOARD THAT SHOWS WHAT SOME OF THOSE ACTUAL MATERIALS THAT ARE TO BE UTILIZED LOOK LIKE.

AND THEN JUST TO PROVIDE SOME EXAMPLES, AGAIN, BECAUSE THIS IS A NEW CONCEPT TO SOUTH FLORIDA.

THIS WAS THEIR ORIGINAL LOCATION IN HOLLYWOOD.

THIS WAS BEFORE THEY CAME UP WITH THEIR KIND OF PROTOTYPE CONCEPT.

IT WAS A ONE STORY, FREESTANDING 600 SQUARE FOOT BUILDING.

SO WE'RE I GUESS THEY HAVE EXPANDED THEIR BUILDING SIZE A LITTLE BIT.

THEY'RE NOW AT 1500 SQUARE FEET.

BUT AGAIN, IT'S KIND OF THAT COFFEE STAND TYPE CONCEPT WHERE YOU COULD JUST WALK UP, GRAB A QUICK COFFEE TO GO AND THEN CONTINUE ON WITH YOUR DAY.

AND SO THIS IS THE NEWLY BUILT CALI COFFEE IN PEMBROKE PINES.

AND SO IT STILL IMPLEMENTS ELEMENTS OF THE NEW CONCEPT DESIGN.

SOME OF THOSE ELEMENTS ARE SEEN HERE TODAY, BUT OBVIOUSLY DUE TO KIND OF THE UNIQUE DIFFERENCES BETWEEN EACH MUNICIPALITY, SOME OF THE ARCHITECTURAL DESIGNS DIFFER AND THEY DO NEED TO FIT IN WITH THEIR SURROUNDING.

AND WITH THAT, WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE THIS MORNING.

THANK YOU. BEFORE WE GET TO QUESTIONS, SHALL WE HEAR FROM THE CITY? THAT'S UP TO THE BOARD.

IF YOU FEEL LIKE YOU NEED A SEPARATE PRESENTATION FROM STAFF OR IF YOU THINK WHAT WAS PROVIDED BY THE APPLICANT IS SUFFICIENT.

DOES ANYONE HAVE QUESTIONS AT THIS TIME? I DO. AND I THINK THIS MAY HELP.

I NOTICED YOUR YOUR NEW PROJECT IS GOING ON THAT.

DETENTION OR RETENTION POND AREA THAT WAS ORIGINALLY FOR THE WINN-DIXIE.

HOW ARE WE GOING TO ADDRESS DRAINAGE FOR THE.

AND I WILL DEFER TO OUR CIVIL ENGINEER WHO IS HERE IN THE AUDIENCE, AND I'LL ASK HIM TO COME UP AND ADDRESS THAT QUESTION DIRECTLY.

SURE. HI.

GOOD MORNING.

MY NAME IS CARLOS FLORIAN WITH KIMLEY-HORN.

SO THE WAY WE ADDRESSING THIS, WE'RE CURRENTLY UNDER A PERMIT REVIEW WITH BROWARD COUNTY AND WHAT WE'RE DOING.

WE HAD TO DO A PREVIOUS POST ANALYSIS WHERE WE SHOW THAT WE WEREN'T ADVERSELY IMPACTING THE EXISTING SITE.

SO WE ARE MITIGATING THE STORAGE THROUGH THAT GREEN AREA.

THAT'S STILL A RETENTION AREA.

AND THEN WE HAVE ON THE GROUNDS AN UNDERGROUND SYSTEM THAT'S PROVIDING ADDITIONAL STORAGE.

SO YOU'RE TREATING IT AS WELL FOR ONLY YOUR SITE.

SO WHAT WHAT HAPPENED WHEN AND THIS IS FOR THE CITY, FOR EXAMPLE, WHEN SOMEONE OCCUPIES THE WINN-DIXIE, DO THEY HAVE TO NOW REDEVELOP THEIR SITE TO KEEP THEIR DRAINAGE ON THAT SITE, SEEING THAT IT WAS AN OVERFLOW? YEAH, HE CAN RESPOND TO IT.

JUST FOR CLARIFICATION.

SO WHAT WE DID, WE DID AN ANALYSIS OF THE EXISTING CONDITIONS THAT SHOW HOW MUCH STORAGE THE EXISTING RETENTION AREA HAS AND THEN WE MITIGATE IT FROM THAT WOULD ENABLE THE RECOMMENDATION OF A PROPOSED RETENTION AREA AND UNDERGROUND STORAGE UNDER THE PARKING LOT.

SO, YOU KNOW, AT THE END OF THE DAY, YOU'LL STILL HAVE THE SAME AMOUNT OF STORAGE.

[01:05:06]

OKAY. ANY OTHER QUESTIONS? VIOLA. YEAH, I'M STILL NOT CLEAR IN WHAT IS GOING TO HAPPEN TO THE RETENTION POND AND ON THE NEW SITE THAT YOU JUST OPENED IN PEMBROKE. I NOTICED THAT IT SEEMED TO HAVE A SEATING AREA.

I JUST WANT TO KNOW IF THAT IF I WAS READING THAT CORRECTLY FOR THE SITTING AREA.

YES, THAT'S CORRECT. SO THE RETENTION POND, WELL, WE STILL HAVE A USE OF A RETENTION POND OR RELOCATION.

WHEN YOU'RE FINISHED, ARE YOU GOING TO BUILD OVER UNDER? WHAT ARE WE DOING? SO THE RETENTION AREA, WAS IT PRETTY MUCH COVERED A LARGE PORTION OF THE SITE WHERE THE BUILDING IS.

WE STILL LEFT A PORTION OF IT, ABOUT HALF OF THE RETENTION AREA AND THE OTHER HALF BECAME THE BUILDING.

IN ORDER TO MITIGATE THAT LOSS OF STORAGE, WE PROVIDED UNDERGROUND STORAGE UNDER THE PARKING LOT.

SO THAT'S HOW WE WERE ABLE TO MITIGATE THAT LOSS OF STORAGE.

OKAY, THANK YOU.

I HAVE A QUESTION FOR YOU, CIVIL ENGINEER.

I'M SORRY, I DON'T KNOW YOUR NAME.

OBVIOUSLY, I'M NOT AN ENGINEER AND I DON'T KNOW HOW THIS WORKS.

BUT WITH WATER, HELP ME TO UNDERSTAND WHAT THE WATER AND CONCRETE AND WE STORING WATER UNDER THE CONCRETE.

HOW DOES THAT HOW DOES IT HOW DOES IT DISSIPATE? FROM MY UNDERSTANDING, I DON'T KNOW.

HOW DOES THAT WORK? CAN YOU GIVE US MORE INFORMATION ABOUT HOW THAT WORKS? SURE. SO THE SOIL HAS A PERCOLATION RATE? YES. WE TOOK INTO ACCOUNT FOR THIS SITE.

SO BASED ON THAT, THAT'S WHAT LIMITED THE AMOUNT OF VOLUME THAT WE COULD ACCOUNT FOR WITHIN THE UNDERGROUND SYSTEM.

AND THEN FOR THE SAME TOKEN, THE UNDERGROUND SYSTEM IS CONNECTED TO THE RETENTION AREA.

SO BOTH OF THEM WILL EQUALIZE WHEN THE WATER RISES.

OKAY. BUT I THINK I HAVE A QUESTION FOR THE ENGINEER.

I'M LOOKING AT A GRAPHIC THAT KIMLEY-HORN SUBMITTED WITH THE APPLICATION.

THIS IS ABOUT THE WALL.

IN THIS PARTICULAR GRAPHIC I'M POINTING TO HERE AND THE PACKET THAT WE HAVE SHOWS IT APPEARS TO BE THE WALLS ON THE ADJACENT PROPERTY, ON THE RESIDENTIAL PROPERTY.

THAT'S CORRECT, YES. IS THAT ACCURATE? IT IS. SO YOU DON'T CONTROL THAT WALL? I MEAN, THE APPLICANT DOESN'T OWN IT.

CORRECT. SO DON'T YOU NEED THE PERMISSION OF THE ADJACENT PROPERTY OWNER TO DO ANYTHING TO CORRECT THE PICTURES IN HERE OF SOME CONDITIONS HERE THAT DON'T LOOK SO GREAT? I THINK THE APPLICANT'S PROPOSING TO CLEAN UP THE WALL OR REPAIR SECTIONS OF THE WALL.

HOW IS THAT GOING TO HAPPEN WHEN YOU DON'T OWN IT? WELL, THAT HAS TO DO WITH THE CLIENT AND COORDINATION WITH THE ADJACENT OWNER.

AND THAT THAT CAME AS A RESULT OF CITY STAFF MAKING A COMMENT THAT THERE WAS, YOU KNOW, I THINK THE WOLF FINISHED.

IS THERE AN ARRANGEMENT WITH THE ADJACENT OWNER TO ALLOW ME TO GO ON TO THEIR PROPERTY TO FIX THE FIX THE WALL? I MEAN, IS THERE ANYTHING THAT THEY'VE OFFERED? YEAH, I DON'T KNOW OFFHAND IF IT'S BEEN SOLIDIFIED YET.

BUT TO YOUR POINT, WE WE CERTAINLY DO NEED THEIR PERMISSION AND ARE REACHING OUT AND WORKING WITH THEM TO ENSURE THAT WE'LL BE ABLE TO DO THAT.

OKAY. YEAH.

I MEAN, THAT'S TO THEIR BENEFIT AS WELL.

YEAH. I MEAN, I THINK THE REQUESTS TO NOT PUT UP A SECOND WALL MAKES TOTAL SENSE BECAUSE IF WHAT YOU DESCRIBE IT WOULD CREATE AN ODD SITUATION, WE HAVE BACK TO BACK WALLS AND YOU HAVE A NO MAN'S LAND THERE, NO PERSONS AREA THERE OF TWO FEET OR WHATEVER IT IS.

AND THAT'S NOT REALLY THE INTENT BEHIND HAVING THIS AT THE WALL IN THE FIRST PLACE.

BUT THE FACT THAT YOU DON'T OWN IT JUST CREATES A LITTLE BIT OF A MAINTENANCE ISSUE AND THE ABILITY TO GO IN THERE AND MAKE IT LOOK BETTER.

OKAY. THANKS.

AND TO ANSWER AND I'M SORRY, I CAN'T RECALL WHO ASKED, BUT THE PEMBROKE PINES LOCATION DOES NOT HAVE AN INDOOR SEATING AREA.

NONE OF THEIR LOCATIONS CURRENTLY DO, AND NONE ARE PROPOSED TO HAVE ANY INDOOR SEATING.

THERE'S A SMALL ABOUT 300 SQUARE FOOT OUTDOOR SEATING AREA, SO I'M NOT SURE IF THAT'S WHAT YOU WERE REFERRING TO, BUT THAT'S AKIN TO WHAT WE'RE PROPOSING HERE.

YES, THAT'S WHAT I WAS REFERRING TO.

OKAY. ALL RIGHT. THANK YOU.

DO YOU HAVE ANY MORE QUESTIONS? I DO. IN TERMS OF THE GLAZING.

YOU'RE SEEKING A.

YOU HAVE 20.

YOU'RE PROVIDING 25%.

YES. ABOUT 80% OF THAT IS FOX WINDOWS.

DOES THE CITY RECOGNIZE THAT AS A.

AND ADJUSTMENT OF THE THE WINDOWS THAT'S REQUIRED THE COLLISION.

THAT'S WHY THEY'RE SEEKING A VARIANCE.

OKAY. OKAY.

[01:10:02]

OKAY. ANY OTHER QUESTIONS? NO. THIS PRESENTATION.

THANK YOU. WE'LL NOW HEAR FROM STAFF.

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

JAKE SHELTON OF NORCAL CAPITAL, LLC.

DESIGNATE AGENT FOR THE PROPERTY OWNER MCNABB MARKETPLACE LAND TR TRANS GLOBAL FINANCIAL LLC IS REQUESTING APPROVAL OF TWO VARIANCES.

ONE IS A VARIANCE FROM THE TRANSPARENT GLAZING REDUCTION REQUIREMENT TO ALLOW FOR THE REDUCTION OF THE MINIMUM TRANSPARENT, TRANSPARENT GLAZING REQUIREMENT FROM THE REQUIRED 30% TO 25% INCLUSIVE OF THE USE OF THE FAUX WINDOWS.

AND NUMBER TWO IS A VARIANCE FROM THE BUFFER WALL REQUIREMENT, SEEKING FROM THE REQUIREMENT OF PROVIDING A NEW SOLID MASONRY BUFFER WALL ALONG THE REAR PROPERTY LINE ABUTTING A RESIDENTIALLY ZONED DISTRICT.

SO THEN ADDITIONALLY THE THE APPLICANT IS REQUESTING APPROVAL OF A SPECIAL EXCEPTION TO ALLOW FOR THE USE OF THE NEW RESTAURANT, INCLUDING A NEW DRIVE THRU LANE FOR THE PROPOSED COFFEE SHOP IN THE MUCK MIXED USE CORRIDOR ZONING DISTRICT.

AND THEN FINALLY THE APPLICANT IS REQUESTING APPROVAL OF A SITE PLAN MAJOR TO ALLOW FOR THE DEVELOPMENT OF A NEW ONE STOREY 1500 SQUARE FOOT BUILDING, WITH THE ADDITION OF A DRIVE THRU LANE AND RELATED INFRASTRUCTURE FOR THE PROPOSED RESTAURANT, WHICH IS CALI COFFEE. THE SUBJECT PROPERTY AGAIN IS LOCATED ON THE NORTHWEST CORNER OF NORTH UNIVERSITY DRIVE IN WEST MCNABB ROAD AT 777 FIVE WEST MCNAB ROAD.

THE SUBJECT PROPERTY IS SITUATED ON A PARCEL JUST OUTSIDE THE FORMER WINN-DIXIE GROCERY STORE.

THE PROPERTY IS APPROXIMATELY 1.29 ACRES IN SIZE, HAS A CITY OF TAMARACK LANE USE DESIGNATION OF COMMERCIAL AND A ZONING CLASSIFICATION OF U.S.

MIXED USE CORRIDOR.

AND TO THE NORTH OF THE SUBJECT PROPERTIES IS THE ACADEMY HILL'S TWO FAMILY NEIGHBORHOOD ZONED R TWO REALLY THEIR CLUBHOUSE IS IS REALLY TO THE NORTH OF THAT AND THEN TO THE SOUTH IS THE CONCORD VILLAGE, WHICH IS ACROSS WEST MCNABB.

THAT'S A MULTIFAMILY RESIDENTIAL CONDO.

IT'S ZONED R THREE.

THEN TO THE EAST, YOU HAVE THE REMAINDER OF THE COMMERCIAL PLAZA CONTAINING THE SHOPPING CENTER BUILDING, THE WENDY'S FAST FOOD RESTAURANT, THE WELLS FARGO BANK, AND THE BANK OF AMERICA, ALL WHICH ARE ZONED AND MUST BE MIXED USE CORRIDOR.

AND THEN TO THE WEST IS THE ALL SAINTS LUTHERAN CHURCH, WHICH IS ZONED M UN MIXED USE NEIGHBORHOOD.

THE SUBJECT PAST PROPERTY IS LEGALLY DESCRIBED AS MCNABB MARKETPLACE PARCEL A IT WAS DEVELOPED IN 1998 WITH THE INTENTIONS OF PROVIDING PARKING AND AN ADEQUATE RETENTION AREA TO THE FORMER ADJACENT GROCERY STORE.

CURRENTLY, THERE ARE 15 PARKING SPACES ON THE SUBJECT PROPERTY AND ACROSS ACCESS PARKING AGREEMENT HAS BEEN PREVIOUSLY EXECUTED TO ALLOW FOR THE USE OF PARKING BETWEEN THE TWO PROPERTIES. THE APPLICANT IS REQUESTING SITE PLAN APPROVAL MAJOR TO ALLOW FOR THE DEVELOPMENT OF THE ONE STORY 1500 SQUARE FOOT BUILDING WITH THE ADDITION OF A DRIVE THRU LANE AND RELATED INFRASTRUCTURE FOR THE PROPOSED COFFEE SHOP.

THEY GOT 21 PARKING SPACES WILL BE PROVIDED WHERE 12 ARE REQUIRED, ALONG WITH A DRIVE THRU LANE THAT HAS THE REQUIRED BYPASS LANE.

AND THERE ARE TWO POINTS OF INGRESS TO THE PROPERTY FROM WEST MCNABB ROAD AND THEY'RE SHOWING THE GREEN ARROWS ON YOUR SCREEN.

THE TRIP GENERATION AND PARKING STATEMENTS THAT WERE REVIEWED BY THE CITY'S TRAFFIC CONSULTANT.

TRAFFIC TECH. TROUGH REVIEWED THE TRIP GENERATION CALCULATIONS AND CONCURRED WITH THE RESULTS OF THE STATEMENT.

CHECK PROVIDED ACCURATE FEEDBACK ON THE ACCESS POINTS WITH SIDEWALK ARRANGEMENTS FOR PEDESTRIAN ACCESS FROM THE PARKING LOT, AND AND FURTHERMORE CONCURRED THAT THE PROPOSED PARKING STUDY SHOULD BE ADEQUATE TO MEET THE ANTICIPATED PARKING DEMAND AND THEN INITIAL.

ADDITIONALLY, ARCHITECTURAL REVIEW WAS REQUIRED FOR THE PROJECT AND THE DESIGN MEETS ALL CRITERIA FOR THE CITY'S ARCHITECTURAL CONSULTANT.

KPS ARCHITECTS ARCHITECTS INC.

THE STAFF REVIEW CONFIRM THAT ALL SITE AND DESIGN BUILDING REQUIREMENTS WERE SATISFIED PER THE CODE AND THE GENERAL BUILDING DESIGN STANDARDS INCL INCLUDED EXTERIOR UPGRADES, NEW STRUCTURE, LANDSCAPING IMPROVEMENT, PEDESTRIAN ACCESS AND ADA COMPLIANCE.

NEW SITE FEATURES.

THE PROPOSED DEVELOPMENT WILL INCLUDE A NEW DRIVE THRU LANE, A MODIFICATION OF PARKING TO 19 PARKING SPACES AND TWO HANDICAPPED SPACES LANDSCAPING.

[01:15:06]

WE GOT AN OUTDOOR SEATING AREA, LIGHT POLES, THE RETENTION AREA, THE REVISED RETENTION AREA AND NEW INFRASTRUCTURE.

THE CALI COFFEE DRIVE THROUGH BUILDING IS PROVIDED AT 22 FEET, NINE INCHES IN HEIGHT TO THE TOP OF THE PARAPET WALL.

AND THEN THE COFFEE SHOP BUILDING, IT'S GOING TO BE PAINTED WHITE AND BLUE CREAM, GRAY AND NAVY, BLUE AND COLOR WITH THAT COMPOSITE, COMPOSITE WOOD SIGHTING THAT YOU SAW. SO THE LAND DEVELOPMENT CODE, IT REQUIRES A MINIMUM OF 30% OF THE GROUND FLOOR WALL AREA BETWEEN TWO AND TEN FEET ABOVE GRADE TO CONSIST OF TRANSPARENT GRAZING.

AND THE APPLICANT IS SEEKING A VARIANCE TO ALLOW FOR THE REDUCTION OF THE MINIMUM TRANSPARENT GRAZING GLAZING REQUIREMENT FROM THE REQUIRED 30% TO 25%, INCLUSIVE OF THE USE OF FAUX TRANSPARENT WINDOWS.

THE SUBJECT PROPERTY ABUTS RESIDENTIAL DISTRICT TO THE NORTH OF THE SUBJECT PROPERTY.

PROPERTIES THAT DIRECTLY ABUT OR DIRECTLY ACROSS FROM A PUBLIC RIGHT OF WAY CANAL OR WATER BROTHER WATER BODY OR ANY OTHER SEPARATOR FROM ANY RESIDENTIALLY DISTRICT ARE REQUIRED TO PROVIDE A BUFFER AREA ON THE NON RESIDENTIAL PLOT.

THE BUFFER AREA IS REQUIRED AT A MINIMUM CONTINUOUS DEPTH OF 25 FEET OF LANDSCAPED AREA AND WHERE A BUFFER AREA OF 48.2 FEET IS PROPOSED ALONG THE NORTH PROPERTY LINE AND THEN THEN WITHIN THE BUFFER REQUIREMENTS.

IT ALSO STATES THAT A SOLID MASONRY WALL, STUCCO AND PAINTED OR EARTHEN BERM OR COMBINATION THEREOF, AT LEAST SIX FEET IN HEIGHT SHALL BE REQUIRED WITHIN THE BUFFER, UNLESS THE BUFFER IS WITHIN A FRONT YARD ALONG THE MAJOR ARTERIAL OR BROWARD COUNTY STREET.

SO THEY NEED A WALL WITHIN THE BUFFER AREA THAT'S REQUIRED.

AND THE APPLICANT IS SEEKING A VARIANCE FROM THE REQUIREMENT OF PROVIDING A NEW BUFFER WALL ALONG THE PROPERTY LINE ABUTTING THE RESIDENTIAL DISTRICT.

AS THERE IS AN EXISTING SIX FOOT CONCRETE WALL THAT EXISTS ON A PORTION OF THE RESIDENTIAL PROPERTY LOCATED TO THE REAR AND A PORTION OF THE SUBJECT PROPERTY.

SO AS WE'VE SEEN IT, IT MEANDERS ALONG THE PROPERTY LINE AND ONTO THE SUBJECT PROPERTY.

SO THE PURPOSE OF THE VARIANCE IS TO ALLOW CERTAIN DEVIATIONS FROM STANDARDS OF THE LAND DEVELOPMENT CODE.

WHEN THE LANDOWNER DEMONSTRATES THAT OWING TO SPECIAL CIRCUMSTANCES OR CONDITIONS BEYOND THE LANDOWNERS CONTROL, THE LITERAL APPLICATION OF THE STANDARDS WOULD RESULT IN UNDUE AND UNIQUE HARDSHIP TO THE LANDOWNER, AND DEVIATION WOULD BE CONTRARY TO THE PUBLIC INTEREST.

THE LAND DEVELOPMENT CODE IDENTIFIES GENERAL REVIEW STANDARDS TO BE EMPLOYED.

A VARIANCE SHALL ONLY BE RECOMMENDED IF THE PLANNING BOARD REACHES EACH OF THE GENERAL VARIANCE REVIEW STANDARD CONCLUSIONS BASED ON FINDINGS OF FACTS SUPPORTED BY COMPETENT, SUBSTANTIAL AND MATERIAL EVIDENCE.

THOSE EIGHT REVIEW STANDARDS ARE SHOWN AND PROVIDED IN THE INTEROFFICE MEMORANDUM ARE RESPONSES TO EACH REVIEW STANDARD AS THEY APPLY AS THEY APPLY TO BOTH VARIANCES REQUESTED.

IT IS THE OPINION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT THAT THE REQUEST FOR BOTH VARIANCES REACH EACH OF THE REVIEW STANDARD CONCLUSIONS BASED ON FINDING A FACT SUPPORTED BY COMPETENT, SUBSTANTIAL AND MATERIAL EVIDENCE.

THE DIRECTOR OF COMMUNITY DEVELOPMENT SUPPORTS THE PETITION FOR VARIANCES BASED ON THE FACT THAT OWING TO SPECIAL CONDITIONS OR CONDITIONS BEYOND THE LENDER'S CONTROL, THE LITERAL APPLICATION OF THE STANDARDS WOULD RESULT IN UNDUE AND UNIQUE HARDSHIP TO THE LANDOWNER, AND DEVIATION WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST.

A SPECIAL EXCEPTION IS ALSO REQUIRED TO ALLOW FOR THE USE OF THE RESTAURANT WITH A DRIVE THRU IN THE MUC ZONING DISTRICT.

SPECIAL EXCEPTIONS.

OUR USES ARE ALLOWED IN THE USES ALLOWED IN THE RESPECTIVE ZONING DISTRICT ONLY IF REVIEWED BY THE PLANNING BOARD AND APPROVED BY THE CITY COMMISSION.

THE PURPOSE OF THIS SPECIAL EXCEPTION IS TO PROVIDE FOR INDIVIDUALIZED REVIEW OF CERTAIN USES THAT, DUE TO THEIR NATURE, RELATIONSHIP TO THE COMPREHENSIVE PLAN AND POTENTIAL IMPACTS ON THE SURROUNDING AREA REQUIRES SPECIAL CONDITIONS OF THE LOCATION, DESIGN AND 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.

THE LAND DEVELOPMENT CODE ALSO IDENTIFIES REVIEW STANDARDS TO BE EMPLOYED FOR THE SPECIAL EXCEPTION, AND THE SPECIAL EXCEPTION SHALL BE RECOMMENDED IF THE PLANNING BOARD AGAIN REACHES EACH OF THE SPECIAL EXCEPTION, REVIEWS STANDARD CONCLUSIONS BASED ON FINDING A FACT SUPPORTED BY COMPETENT, SUBSTANTIAL EVIDENCE.

AND THOSE ARE THE TEN SPECIAL EXCEPTION STANDARDS SHOWN.

AND IT IS THE OPINION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT THAT THE REQUEST FOR SPECIAL EXCEPTION REACHES EACH OF THESE SPECIAL.

EACH OF THESE REVIEW STANDARD CONCLUSIONS BASED ON FINDING THE FACTS SUPPORTED BY COMPETENT SUBSTANTIAL EVIDENCE.

AND THE DIRECTOR SUPPORTS THE PETITION FOR SPECIAL EXCEPTION.

[01:20:02]

THE LAND DEVELOPMENT CODE FURTHERMORE IDENTIFIES SITE PLAN APPROVAL STANDARDS TO DETERMINE TO BE DETERMINED BY THE PLANNING BOARD TO RECOMMEND THE REQUEST.

THOSE ARE THE THREE SITE PLAN APPROVAL STANDARDS SHOWN AND IN THE IN THE INTEROFFICE MEMORANDUM ARE RESPONSES TO EACH OF THOSE STANDARDS.

AND SO IT IS THE OPINION OF DIRECTOR THAT THE THE COMMUNITY DEVELOPMENT THAT THE STANDARDS FOR SITE PLAN APPROVAL HAVE ALSO BEEN SATISFIED.

SO ALL THESE ITEMS SUPPORT GOAL NUMBER THREE OF THE CITIES OF 2040 STRATEGIC PLAN TAMARACK IS ECONOMICALLY RESILIENT.

THE APPLICANT PROPOSES TO PROVIDE DRAINAGE IMPROVEMENTS, LANDSCAPE IMPROVEMENTS, NEW CONSTRUCTION RELATED INFRASTRUCTURE TO OCCUPY AN OTHERWISE VACANT PARCELS TO ESTABLISH THE OPERATION OF A NEW, FAST PACED RESTAURANT COFFEE SHOP WITH A DRIVE THRU.

THIS FURTHER, THIS FURTHERS THE CITY'S ECONOMIC DEVELOPMENT INITIATIVES AS IT WILL BRING ABOUT AN OPPORTUNITY TO REVITALIZE A DESOLATE CORNER IN VIEW OF TWO OF THE CITY'S IMPORTANT ROADWAYS.

SO FURTHERMORE THIS REQUEST THE REQUEST FOR SITE PLAN APPROVAL MAJOR SUPPORTS THE CITY OF TAMARACK 2019 COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT OBJECTIVE ONE POLICY 1.41.55.19.1.

AND THE ECONOMIC DEVELOPMENT PLAN GOAL NUMBER FOUR.

THE DIRECTOR OF COMMUNITY DEVELOPMENT.

SO NOW WE'RE GOING TO GO THROUGH THE RECOMMENDATIONS FOR EACH ONE, OF THE ITEMS. SO NINE A.

SO FOR NINE A. THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE FAVORABLE RECOMMENDATION OR FOR THE PROPOSED TWO VARIANCE REQUESTS FROM THE REQUIREMENT OF MULTIPLE SECTIONS.

IT'S SECTION TEN, 4.4 AND TEN DASH 4.7 OF THE CITY'S CODE OF ORDINANCES TO THE CITY COMMISSION AT ITS SEPTEMBER 28, 2022, MEETING WITH THE CONDITIONS OF APPROVAL THAT THE CITY COMMISSION HEARING FOR SITE PLAN APPROVAL TO ALLOW FOR THE DEVELOPMENT OF THE CITY COMMISSION, APPROVAL OF THE SITE PLAN MAJOR AND THEN CITY COMMISSION APPROVAL OF THE SPECIAL EXCEPTION.

SO THEN FOR NINE B THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION FOR THE PROPOSED SPECIAL EXCEPTION TO ALLOW FOR THE USE OF THE NEW ONE STORY 1500 SQUARE FOOT COFFEE SHOP.

WITH THE ADDITION OF THE DRIVE THRU LANE AND RELATED INFRASTRUCTURE IN THE MCC ZONING DISTRICT TO THE CITY COMMISSION AT ITS SEPTEMBER 28, 2022 MEETING WITH THE CONDITION OF THE APPROVAL OF THE SITE PLAN.

AND THEN FINALLY FOR NINE C, WHICH IS THE TWO VARIANCES, THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FOR FAVORABLE RECOMMENDATION OR EXCUSE ME, THIS IS THE SITE PLAN FOR THE SITE PLAN MAJOR TO ALLOW FOR THE DEVELOPMENT OF THE ONE STORY 1500 SQUARE FOOT BUILDING WITH THE ADDITION OF THE DRIVE THRU LANE AND RELATED INFRASTRUCTURE FOR THE PROPOSED CALI COFFEE, THE MUC ZONING DISTRICT AT ITS SEPARATE 28 2022 MEETING WITH THE FOLLOWING OF CONDITIONS OF APPROVAL.

NUMBER ONE, THAT THE COMMENCEMENT OF CONSTRUCTION NEEDS TO BEGIN WITHIN A YEAR.

NUMBER TWO, SITE PLAN APPROVAL IS CONTINGENT UPON THE SATISFACTION OF THE DRC.

COMMENTS REMAINING APPROVAL OF NUMBER THREE, APPROVAL OF THE SPECIAL EXCEPTION AND THEN NUMBER FOUR AND FIVE APPROVAL OF THE TWO VARIANCES.

AND THEN NUMBER SIX, CONSTRUCTION SHALL COMPLY WITH THE PLANS OF SPECIFICATIONS SUBMITTED BY THE DEVELOPER TO THE CITY OF TAMARACK AND APPROVE ENGINEERING DRAWINGS.

AND THAT INCLUDES THE CITY'S PRESENTATION AND ACCEPT QUESTIONS AT THIS TIME.

THANK YOU. I BELIEVE THAT MR. HUGHES HAS A QUESTION.

YEAH. HEY, THE SITE IN QUESTION HERE WAS ORIGINALLY FOR ITS EXTENDED PARKING AREA FOR THE WINN-DIXIE.

YEAH, IT CONTAINS THE EXISTING PARKING FACILITY.

WAS THAT PARKING REQUIRED AS PART OF THAT BUILDING OR WAS IT EXTRA PARKING? IT WAS EXTRA PARKING BUILT ON THE PROPERTY BECAUSE PROPERTIES AT THE TIME THE PROPERTIES WERE BUILT TOGETHER.

AND THEY WERE JOINED AS ONE PROPERTY BECAUSE YOU HAD THE DRAINAGE AND SOME OF THE PARKING ON THIS SUBJECT PROPERTY WE'RE TALKING ABOUT NOW.

SINCE THEN, THE SUBJECT PROPERTY HAS BEEN SOLD, HAS BEEN SPLIT AND SOLD.

IT WAS ITS OWN PARCEL.

AND SO IT WAS, SPLIT AND SOLD FROM THE SO THE PARKING NOW THEY'LL GO TO THE COFFEE SHOP IS NOT NEEDED FOR THE FUTURE USERS OF THE ADJACENT IT MAY BE AND THERE'S A CROSS ACCESS PARKING AGREEMENT WHICH ALLOWS THEM TO USE.

DO WE KNOW WHAT'S GOING TO HAPPEN WITH THE FORMER WINN-DIXIE BUILDING? YEAH, THERE ARE THREE.

IT'S BEING DIVIDED INTO 310 SPACES WITH A GROCERY STORE GOING INTO THE NORTHERN OR THE WESTERNMOST SPACE.

[01:25:04]

GREAT, THANKS.

THANK YOU. DO YOU HAVE ANY OTHER QUESTIONS? NO. OKAY.

I THINK YOU'VE BEEN PRETTY THOROUGH.

THANK YOU. ANY QUESTIONS FROM THE PUBLIC FOR THE CITY OR FOR THE STAFF? OKAY.

WE'RE GOING TO CLOSE THAT FLOOR FOR THE PUBLIC.

WE'RE GOING THE WAY THAT WE NEED TO VOTE ON THE ITEMS. THEY'VE BEEN BROKEN OUT FOR US.

ITEM NINE A TB 054 IS THE FIRST VOTE.

ITEM 98TB055 WILL BE THE SECOND VOTE.

AND SO WE'RE GOING TO GO AHEAD AND VOTE FOR THOSE TWO ITEMS. DO WE HAVE A MOTION TO MAKE A FAVORABLE OR UNFAVORABLE RECOMMENDATION FOR ITEM TB 054.

MADAM CHAIR, I WOULD RECOMMEND THAT THE MOTION FOR APPROVAL OR RECOMMENDATION OR APPROVAL IS TO INCLUDE THE RECOMMENDED CONDITIONS.

OKAY. ALL RIGHT.

GOT TO READ IT NOW. OKAY.

SO NINE A TVO FIVE, FOUR AND FIVE FIVE.

WE ARE LOOKING TO SEEK APPROVAL FOR.

GIVE ME ONE SECOND. LET MEFIND IT HERE IN MY BOOKLET HERE.

ALLOW FOR.

WHAT I HAVE IT HERE IN MY BOOK IS TO ALLOW FOR REDUCTION OF THE MINIMUM TRANSPARENT GLAZING.

SO THE ITEM THAT WAS READ ON THE PICTURE, THEY SHOWED THE AREA OF REDNESS.

SO ALLOW FOR THE REDUCTION OF THE MINIMUM TRANSPARENT GLAZING REQUIREMENT FROM THE REQUIRED 30% TO 25% INCLUSIVE OF THE USE OF FULL WINDOW TREATMENT.

AND THEN FOR THE BUFFER WALL TO SEEK RELIEF FROM THE REQUIREMENT OF PROVIDING A NEW MASONRY BUFFER WALL ALONG THE REAR PROPERTY LINE.

ABDUCTING RESIDENTIALLY ZONED PROPERTY.

IS THAT CLEAR? OK.

MICROPHONE, PLEASE. IF YOU HAVE A QUESTION, GO AHEAD.

YEAH. BEFORE WE VOTE, MY ONLY COMMENT OR CONCERN WOULD BE ABOUT THE BUFFER WALL.

THE WALL, SOMEONE ELSE'S.

IF WE MAKE A PROPOSAL TO APPROVE THIS, CAN WE MAKE A CONDITION THAT THEY TALK TO THE OWNER OF THE ADJACENT PROPERTY AND MAKE SURE IT'S OKAY WITH HIM FOR THEM TO ENHANCE THE WALL? YES. YOU UNDERSTAND? YEAH.

IT IS A CONDITION OF APPROVAL.

OKAY. DO WE HAVE A MOTION? AND AGAIN, WE HAVE TO VOTE ON THEM SEPARATELY.

SO TO MY UNDERSTANDING, TBO FIVE FOUR PLEASE CORRECT ME IF I'M WRONG.

ATTORNEY HERRING. TBO FIVE FOUR IS THE, THE GLAZING REDUCTION.

AM I READING THIS CORRECTLY OR I BELIEVE THERE ARE ACTUALLY TWO VARIANTS APPLICATIONS.

THE GLAZING AND THE BUFFER WALL.

THE WALL? YES. SO WHICH ONE IS TB054? I'M SORRY.

OH, FIVE FOUR IS THE GLAZING.

AND 55 IS THE BUFFER.

YES, MA'AM. I JUST WANT TO BE CLEAR.

OKAY. DO WE HAVE A MOTION FOR TBO FIVE FOUR, WHICH IS THE REDUCTION OF GLAZING? I MOTION THAT WE GO AHEAD WITH THE PROPOSAL THAT THE CITY OUTLINED.

AND DO WE HAVE A SECOND O SECOND.

SECONDLY, I BELIEVE MR. HUGHES MENTIONED FIRST ON HIS SECOND CALL THAT.

YES, MADAM CHAIR.

BEFORE I TAKE THE VOTE FOR THIS.

FOUR 1254.

I'D JUST LIKE TO PUT ON THE RECORD.

TW 0251 FOR THE MOTION THAT WAS MADE, IT WAS A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION AND IT PASSED.

THANK YOU. OKAY.

SO FOR TBO54, TRANSPARENT GLAZING REDUCTION.

NICOLE CLEARE YES.

RICHARD HUGHES YES, SAJEEN BELL CLARK.

YES. DAVID LEVIN.

YES. VIOLA WATSON.

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

[01:30:02]

ALL RIGHT. DO WE HAVE A MOTION FOR ITEM 98055? THIS IS THE BUFFER WALL.

DO WE HAVE A MOTION TO FOR FAVORABLE OR UNFAVORABLE RECOMMENDATION TO THE CITY COMMISSION? NICOLE, BEFORE YOU DO THAT, I NOTICED THAT THE BUFFER, THE EXISTING WALL ITSELF IS IN A UTILITY EASEMENT.

IS THAT? HOW DOES THAT WORK WITH THE CITY IN TERMS OF BECAUSE THERE SHOULDN'T BE A WALL AND A UTILITY EASEMENT? WELL, IT'S PART OF THE PARKING LOT IS ALSO.

NO, YOU CAN HAVE A WALL IN A UTILITY EASEMENT AS LONG AS THE UTILITY COMPANY ALLOWS FOR THE WALL TO BE IN THE EASEMENT.

SO WILL THE APPLICANT HAVE TO VERIFY? NO, IT'S EXISTING TO EXISTING WALL.

OKAY. SO THEY'RE ALLOWED TO MODIFY THE THE WALL IS ALLOWED TO REMAIN.

I MOTION TO APPROVE.

SO WE HAVE A SECOND.

OKAY. IT'S SECOND BY MR. DAVID LEVINE. CAN YOU TURN YOUR MIC ON? MR. LEVINE, YOU'RE MIKE.

YES, I SECOND NICOLE CLAIRE.

YES. RICHARD HUGHES.

YES, SAJEEN BELL CLARK.

YES. DAVID LEVINE.

YES. VIOLA WATSON.

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

AND YOU ALSO ADD THE CONDITION TO THAT, TO THE, TO THE WORK WITH THE ADJACENT PROPERTY OWNER TO THE NORTH TO IMPROVE THE WALL.

I BELIEVE THAT WHEN.

YES. WHEN HE SAID THAT.

YES. YEAH.

THAT THEY ADDED THE CONDITION WAS ADDED TO WORK WITH THE ADJACENT PROPERTY, ENTER TO THE NORTH TO IMPROVE THE EXISTING WALL.

OKAY. SO TO INCLUDE PLANNING BOARD CONDITIONS.

THANK YOU. ALL RIGHT.

THE NEXT ITEM IS TBO57.

AND THAT SPEAKS TO SPECIAL EXEMPTION FOR A SPECIAL EXCEPTION TO READING.

NOW, ONE SECOND HERE.

I'M LOOKING AT THE BOOKLET THAT WE HAVE HERE, AND I WANT TO MAKE SURE THAT I READ THE CORRECT INFORMATION FOR TBO TEMPORARY BOARD ORDER FIVE SEVEN.

I HAVE A COUPLE OF DIFFERENT THINGS.

I KNOW THAT IT'S A SPECIAL EXCEPTION TO FOR THE BOUNDARY.

THERE WAS A FOR THE EASEMENT, CORRECT? NO. THIS IS A SPECIAL EXCEPTION TO ALLOW FOR THE DRIVE THRU IN THE MUC.

ZONING DISTRICT OC.

I'M LOOKING IN THE BOOKLET THAT WE HAVE HERE, THE RESTAURANT WHERE THE DRIVE THRU.

CAN YOU TELL ME WHAT PAGE THAT WOULD BE ON? I WANT TO MAKE SURE THAT I READ IT CORRECTLY.

SURE. LET'S SEE.

I KNOW VARIANCES AND THEN IT RIGHT HERE.

AND THE BOOK'S A LITTLE DIFFERENT THIS TIME, SO I APOLOGIZE.

OKAY. SO WE'RE GOING TO.

PAGE 87, 87.

I WAS JUST SHOWN PAGE 80, 93.

SO YEAH, 93 IS YOUR BOARD ORDER.

OKAY. SO.

WE'RE LOOKING TO VOTE ON GRANTING A SPECIAL EXCEPTION APPROVAL FOR CALI COFFEE TO ALLOW USE OF A NEW ONE STORY 1500 SQUARE FOOT RESTAURANT WITH AN ADDITION OF A DRIVE THRU LANE AND THE RELATED INFRASTRUCTURE OF MCU MIXED USE CORRIDOR.

SO WE'RE LOOKING TO APPROVE THE ADDITION OF THE DRIVE THRU AND THE MIXED USE EXCEPTION.

DO WE HAVE A MOTION? MOTION TO APPROVE.

DO WE HAVE A SECOND? I SECOND IT. WE HAVE A MOTION BY SAJEEN AND A SECOND BY MR. DAVID LEVINE. VIOLA WATSON.

YES. DAVID LEVIN.

YES, SAJEEN BELL CLARKE.

YES. RICHARD HUGHES.

YES. NICOLE CLAIRE.

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

THANK YOU. ALL RIGHT.

THE NEXT ITEM IS THE TEMPORARY RESOLUTION, NUMBER 13803. SITE PLAN APPROVAL MEASURE PAGE 125 125.

[01:35:03]

THANK YOU. YOU'RE WELCOME.

OKAY. SO OUR RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING AND OR DENYING SITE APPROVAL PLAN WITH OR WITHOUT CONDITIONS TO ALLOW FOR THE DEVELOPMENT OF ONE NEW ONE STORY 1500 SQUARE FOOT BUILDING WITH AN ADDITION OF DRIVE THRU LEAN AND RELATED STRUCTURE AND THE INFRASTRUCTURE.

EXCUSE ME FOR THE PURPOSE OF PROPOSED RESTAURANT.

AND DO WE HAVE A MOTION? THE MOTION TO APPROVE WITH THE CONDITIONS IS NOTED IN THE STAFF ITEM.

THANK YOU. DO WE HAVE A SECOND? I SECOND.

NICOLE CLAIRE. YES.

RICHARD HUGHES. YES, SAJEEN BELL CLARK.

YES. DAVID LEVIN.

YES. VIOLA WATSON.

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

WONDERFUL. THANK YOU AND WELCOME TO THE CITY.

ALL RIGHT. THE NEXT ITEM.

ITEM NINE DAYS.

[9.d TBO 58 - Board Order Approving/Denying Variance for Sonny’s The Carwash Factory - 5870 N. Hiatus Road, Tamarac, Florida 33321. Jennifer Ronneburger, designated agent for the property owner, Westpoint Business Center, LLC filed an application with the City of Tamarac, Department of Community Development seeking approval of Sign Variances.]

AND DAVID. WE HAVE TEMPORARY BOARD ORDER NUMBER 58.

THE BOARD ORDER APPROVING OR DENYING VARIANCE FOR A SONNY'S THE CAR WASH FACTORY AT 5870 NORTH HEIGHTS ROAD TAMARACK, FLORIDA.

THREE, THREE, THREE, TWO, ONE.

JENNIFER ROSENBERGER, DESIGNATED AGENT FOR THE PROPERTY OWNER WEST POINT BUSINESS CENTER, LLC, FILED AN APPLICATION WITH THE CITY OF TAMARACK DEVELOPED DEPARTMENT OF COMMUNITY DEVELOPMENT SEEKING AN APPROVAL OF SIGN VARIANCE.

AND WE'LL NOW HEAR WHEN YOU'RE READY FROM THE APPLICANT.

AND I DO BELIEVE THAT SHE'S BEEN SWORN IN OR DO WE NEED TO DO THAT NOW? I'LL BE HONEST WITH YOU, I DID NOT SWEARING BECAUSE I DIDN'T KNOW IF IT WAS THE OTHER APPLICANT.

SO I WILL DO THE WHOLE THING AGAIN.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? WITNESS HAS BEEN SWORN.

THANK YOU. YOU MAY PROCEED.

GOOD MORNING. MY NAME IS JENNIFER.

MY COMPANY IS GO PERMIT.

AND I'M HERE REPRESENTING SONNY'S THE CAR WASH FACTORY, AND WE'RE PULLING UP MY PRESENTATION.