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>> GOOD MORNING EVERYBODY, AND WELCOME TO

[00:00:01]

THE CITY OF TAMARAC PLANNING BOARD MEETING FOR WEDNESDAY, DECEMBER 7TH, 2022.

THIS TIME, I'LL CALL THE MEETING TO ORDER.

[1. Call to Order]

WE WILL ALL RISE FOR THE PLEDGE OF ALLEGIANCE, PLEASE.

>>

>> COULD WE HAVE THE ROLL CALL, PLEASE?

>> RICHARD HUGHES.

>> PRESENT.

>> SIR JEAN BELL CLARK.

>> HERE.

>> DAVID LEVINE.

>> PRESENT.

>> ERIC NAGI.

>> HERE.

>> VIOLA WATSON.

>> HERE.

>> NICOLE CLAIRE IS ABSENT AND EXCUSED.

>> THANKS. THE NEXT ITEM IS THE MEETING MINUTES OF THE NOVEMBER 2ND, 2022 MEETING.

[4. Minutes]

IS ANYBODY GOT ANY QUESTIONS, OR CORRECTIONS? IF NOT, I WILL ENTERTAIN A MOTION ON THE ITEM.

>> I MOVE TO ACCEPT THE MINUTES

>> YOU CAN TURN IT OFF.

HERE YOU GO. SAY IT AGAIN.

>> I MOVE TO ACCEPT THE MINUTES.

>> SECOND.

>> SECOND.

>> ERIC, DO YOU SECOND?

>> YES.

>> RICHARD HUGHES?

>> YES.

>> SIR JEAN BELL CLARK?

>> YES.

>> DAVID LEVINE?

>> YES.

>> ERIC NAGI?

>> YES.

>> VIOLA WATSON?

>> YES.

>> MOTION TO APPROVE THE MINUTES FOR MEETING ON NOVEMBER 2, 2022 PASSED 5-0.

>> NEXT ITEM ON THE AGENDA IS PLANNING BOARD DISCLOSURES, DOES ANY MEMBER OF THE BOARD HAVE ANY DISCLOSURES? I'M NOT SEEING ANY.

CITY ATTORNEY'S STATEMENT AND SWEARING IN.

[6. City Attorney Statement & Swearing In]

>> APPARENTLY, IT HAS WORKED.

[LAUGHTER] MR. CHAIR, THE ITEMS 9A, 9B, 9C, AND 9D ON THE AGENDA ARE QUASI-JUDICIAL NATURE.

WHAT THAT MEANS IS THAT THE APPLICANT, ANY INDIVIDUALS WHO ARE GOING TO GIVE TESTIMONY, MUST BE SWORN IN AND THEIR TESTIMONY GIVEN UNDER OATH.

BOTH PARTIES, TO THE EXTENT THAT THERE ARE ANY HAVE THE RIGHT TO CROSS-EXAMINE ANY OTHER WITNESSES OR ANY OF THE INDIVIDUALS WHO ARE GOING TO TESTIFY HERE AND AT THE CONCLUSION OF THE HEARING, YOUR DECISION MUST BE BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED HERE BEFORE YOU SUBSTITUTE ANY EX-PARTY DISCLOSURES ON ANY OF THE ITEMS. YOUR DECISION SHOULD BE BASED UPON THE EVIDENCE TESTIMONY AS TO WHETHER OR NOT THE APPLICANT HAS MET THEIR BURDEN OF PROOF, DEMONSTRATING THAT THEY ARE IN COMPLIANCE WITH THE CRITERIA, THE CODE IS SET FORTH ACCOMPANYING THE STAFF REPORTS THAT YOU HAVE IN THE AGENDA.

AT THIS POINT IN TIME WOULD BE APPROPRIATE FOR ANYONE WHO'S GOING TO GIVE ANY TESTIMONY THIS MORNING TO STAND AND BE SWORN IN.

PLEASE RAISE YOUR RIGHT HAND.

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

>> THANK YOU. NEXT ITEM IS GENERAL PUBLIC COMMENTS.

IS ANYBODY IN ATTENDANCE HERE WANT TO SPEAK ON ANYTHING NOT RELATED TO THE AGENDA? I'M NOT SEEING ANYBODY WE'LL MOVE ON TO ITEM 8 ON THE AGENDA,

[8.a TO 2518 - An ordinance of the City Commission of the City of Tamarac, Floridaamending Chapter 10, Article 3, of the City of Tamarac Land Development Code,entitled “Use Regulations”, amending Section 10-3.2, entitled “Table of AllowedUses”, by specifically amending Table 10-3.1, entitled “Allowed Uses” to permitmedical marijuana dispensaries and pharmacies as an “Accessory Use” in the MU-N(Mixed Use Neighborhood) and NC (Neighborhood Commercial) zoning districts, andpermit medical marijuana dispensary facilities and pharmacies in the BP (BusinessPark) zoning district subject to special exception approval; and amending Section 10-3.3 entitled “Use-Specific Standards” specifically amending Section 10-3.3(D)(15)(d)entitled “Medical Marijuana Dispensary” to provide for performance standards formedical marijuana dispensaries and pharmacies in accordance with Florida Statestatutes; providing for codification; providing for conflicts; providing for severability;and providing for an effective date.]

WHICH IS A PUBLIC HEARING.

ITEM 8A, WHICH IS AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 10 ARTICLE 3 OF THE CITY OF TAMARAC LAND DEVELOPMENT CODE ENTITLED TO USE REGULATIONS AMENDING SECTION 10-3.2, ENTITLED TABLE OF ALLOWED USES.

BY SPECIFICALLY AMENDING TABLE 10-3.1 ENTITLED ALLOWED USES TO PERMIT MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES AS AN ACCESSORY USE IN THE MUN, MIXED USE NEIGHBORHOOD AND NC, NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS, AND PERMIT MEDICAL MARIJUANA DISPENSARY FACILITIES AND PHARMACIES IN THE BP BUSINESS PARK ZONING DISTRICT, SUBJECT TO SPECIAL EXCEPTION APPROVAL AND AMENDING SECTION 10-3.3,

[00:05:02]

ENTITLED TO USE SPECIFIC STANDARDS, SPECIFICALLY AMENDING SECTION 10-3.3.

SECTION 10 SUBSECTION 15, SUBSECTION D, ENTITLED MEDICAL MARIJUANA DISPENSARY TO PROVIDE FOR PERFORMANCE STANDARDS FOR MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES IN ACCORDANCE WITH FLORIDA STATE STATUTES, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

I'LL TURN IT TO STAFF.

>> THANK YOU, MR. CHAIR. FOR THE RECORD, I'M I JOHNSON SENIOR PLANNER COMMUNITY DEVELOPMENT DEPARTMENT.

AS INDICATED BY THE TITLE, THE ITEM BEING BROUGHT BEFORE YOU TODAY IS A TEXT AMENDMENT TO THE CITY'S LAND DEVELOPMENT CODE, TEMPORARY ORDINANCE 2518.

BOARD AS YOU ARE AWARE, THERE HAS BEEN SOME RECENT CHANGES IN THE LOCAL LEGISLATION THAT WE HAVE INACTIVE FOR MEDICAL MARIJUANA FACILITIES.

BEFORE I DELVE FURTHER INTO THE PRESENTATION, I'M JUST GOING TO GIVE YOU A BIT OF A REFRESHER OF THE STEPS THAT THE CITY OF TAMARAC HAS TAKEN IN REGARDS TO THE ORDINANCE THAT IMPACT MEDICAL MARIJUANA FACILITIES AND ALSO PHARMACIES.

STARTING WITH A BAN FOR MEDICAL MARIJUANA THAT WAS INSTITUTED BY THE CITY COMMISSION IN 2018.

THEN LATER IN 2019, ONCE THE BAN WAS LIFTED, LEGISLATION WAS ENACTED DUE TO THE STATUTORY COMPLIANCES THAT THE CITY MUST TREAT THE MEDICAL MARIJUANA DISPENSARIES AND ALSO PHARMACIES IN THE SAME MANNER.

THE LEGISLATION THAT WAS ENACTED ALLOWED THESE FACILITIES TO BE PLACED IN THESE PARTICULAR ZONING DISTRICTS THAT WE WILL DISCUSS LATER BY RIGHT.

GIVEN THE RECENT PLANNING BOARD MEETING THAT WAS HELD LAST MONTH, WHERE A ANOTHER MEDICAL MARIJUANA DISPENSARY WAS DISCUSSED, STAFF WAS TASKED WITH THE OPPORTUNITY TO COME BACK BEFORE YOU WITH LEGISLATION TO SEE HOW THE CITY CAN CONTINUE TO BEST REGULATE THESE USES IN AN EFFECTIVE MANNER.

AS A RESULT, MEDICAL MARIJUANA FACILITIES WERE DESIGNATED AS AN ACCESSORY USE IN THE MU-C MU-G, AND THE BP ZONING DISTRICTS WITH THIS NEW LEGISLATION THAT IS BEING BROUGHT BEFORE YOU TODAY.

THEN AS YOU ARE AWARE THAT RECENT TEXT AMENDMENT THAT WE PREVIOUSLY BROUGHT TO YOU WOULD HAVE REQUIRED THESE USES TO UNDERGO SPECIAL EXCEPTION APPROVAL.

AGAIN, JUST A BIT OF A REFRESHER.

THE REGULATION OF MEDICAL MARIJUANA TREATMENT CENTERS ARE PREEMPTED BY THE STATE.

ALSO ANOTHER STATE REGULATION IS THAT THE MEDICAL MARIJUANA TREATMENT CENTER CANNOT BE WITHIN 500 FEET OF THE ELEMENTARY, MIDDLE, OR SECONDARY SCHOOL UNLESS THAT JURISDICTION DETERMINES THAT THE LOCATION PROMOTES PUBLIC HEALTH SAFETY AND WELFARE.

DUE TO THE GROWING DEMAND OF MEDICAL MARIJUANA DISPENSARIES [NOISE] AND ALSO THE CONSUMER DEMAND THAT HAS BEEN DISPLAYED IN THE CITY, AGAIN, THE USE HAS CONTINUED TO GROW, IT CONTINUES TO EXPAND.

THIS IS AN OPPORTUNITY FOR US TO BRING BACK ANOTHER ORDINANCE BEFORE TO SEE HOW WE CAN BEST REGULATE THESE USES, AND ALSO ENSURE THEY'RE EVENLY DISTRIBUTED THROUGHOUT THE CITY.

THE CHART SHOWN ON THE SCREEN BEFORE YOU WAS A LISTING OF ALL THE ACTIVE PHARMACIES AND THE MEDICAL MARIJUANA DISPENSARIES THAT ARE LICENSED AS OF DECEMBER 1ST, 2022.

TODAY THERE ARE 22 PHARMACIES WITH ACTIVE BUSINESS LICENSES WITHIN THE CITY OF TAMARAC, OF WHICH THREE OF THOSE ARE KNOWN AS MEDICAL MARIJUANA DISPENSARIES.

THAT WOULD BE THE CURALEAF LOCATION LOCATED AT 6899 NORTH UNIVERSITY DRIVE, ALSO PLANTS OF RUSKIN, WHICH IS ALSO LOCATED AT 6580 NORTH UNIVERSITY DRIVE, AND THEN THE TRULIEVE MEDICAL MARIJUANA DISPENSARY, WHICH IS LOCATED AT 5900 ROCK ISLAND ROAD.

SINCE THAT TIME AND WHILE WE HAVE BEEN WORKING THROUGH THIS LEGISLATION FOR THESE PARTICULAR USES, THE CITY HAS RECEIVED AN ADDITIONAL TWO MEDICAL MARIJUANA PROPOSED FACILITIES.

THE FACILITY THAT YOU MAY BE MOST FAMILIAR WITH BECAUSE THIS WAS BROUGHT BEFORE YOU LAST MONTH IS THE SUNNYSIDE DISPENSARY, WHICH WAS BROUGHT BEFORE YOU AT THE NOVEMBER PLANNING BOARD AND WILL NOW GO BEFORE THE CITY COMMISSION ON DECEMBER 14TH TO OBTAIN THEIR SPECIAL EXCEPTION APPROVAL.

IN ADDITION TO THAT, THE CITY HAS RECEIVED ONE ADDITIONAL, IT WOULD BE A BUILDING PERMIT THAT WAS IN PROCESS, BUT THEN WE HAD ENACTED LEGISLATION THAT WILL REQUIRE THE APPLICANT TO SEEK A SPECIAL EXCEPTION.

[00:10:02]

THIS APPLICANT HAS NOT SUBMITTED THEIR SPECIAL EXCEPTION APPLICATION TO THE CITY AS OF YET.

BUT IF SUBMITTED, THE SECOND PROPOSED LOCATION WOULD BE 5100 WEST COMMERCIAL BOULEVARD IN THE SABAL PALM PLAZA.

THAT WOULD MAKE FOR A TOTAL OF FIVE DISPENSARIES, AND I'M GOING TO SHOW YOU WHAT THAT WOULD LOOK LIKE ON A MAP OF THE CITY AND THE REASONING FOR THE AMENDMENT TO THE ORDINANCE TO SEE HOW WE CAN BEST REGULATE THESE USES TO ENSURE THAT THEY ARE ADEQUATELY DISTRIBUTED THROUGHOUT THE CITY.

AGAIN, JUST GOING BACK A LITTLE BIT, THE PREVIOUS MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES WERE PERMITTED IN THE MIXED-USE NEIGHBORHOOD AND THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS, THEY WERE PERMITTED BY RIGHT IN THOSE ZONING DISTRICTS AND THEY WERE PERMITTED AS AN ACCESSORY USE IN THE MIXED-USE CORRIDOR, MIXED-USE GENERAL AND THE BUSINESS PARK ZONING DISTRICTS.

THIS IS WHAT THEY USE TABLE LOOK LIKE PRIOR TO THE APPROVAL OF THE AMENDMENT THAT YOU HAD DECIDED UPON BACK IN AT THE AUGUST PLANNING BOARD.

AT THE AUGUST PLANNING BOARD, THIS STAFF HAD BROUGHT BEFORE YOU A TEXT AMENDMENT TO NOW REQUIRE THESE USES BE SPECIAL EXCEPTION IN THOSE SAME ZONING DISTRICTS.

RATHER THAN BE PERMITTED BY RIGHT, THE USES WERE NOW SUBJECT TO SPECIAL EXCEPTION APPROVAL IN THE MIXED-USE NEIGHBORHOOD AND ALSO THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS, WHILE REMAINING AND ACCESSORY USE IN THE MIXED-USE CORRIDOR, MIXED-USE GENERAL, AND THEN ALSO THE BUSINESS PARK ZONING DISTRICT.

STAFF HAD AN OPPORTUNITY TO GEOGRAPHICALLY MAP AND TAKE A LOOK AT NOT ONLY WERE THE MEDICAL MARIJUANA DISPENSARIES LOCATED IN THE CITY, BUT ALSO WHERE THE PHARMACY FACILITIES WERE LOCATED IN THE CITY.

I'M JUST GOING TO GO THROUGH THIS MAP FOR YOU SO THAT YOU CAN HAVE A BETTER UNDERSTANDING GEOGRAPHICALLY OF WHERE THESE FACILITIES ARE LOCATED.

IF YOU DIRECT YOUR ATTENTION TO THE YELLOW DOTS, THE YELLOW DOTS WOULD BE EXISTING PHARMACIES.

THESE IRREGULAR PHARMACIES, THEY ARE NOT DISPENSARIES, THEY ARE YOUR PHARMACIES, THEY ARE ASSOCIATED WITH MAYBE LIKE MEDICAL FACILITIES, PUBLICS, WALGREENS, CVSS, THOSE TYPES OF FACILITIES.

THOSE ARE REPRESENTED BY THE YELLOW DOTS AND YOU SEE THEY'RE PRETTY DISTRIBUTED THROUGHOUT THE CITY.

AS FAR WEST AS NOW UPHILL ROAD AND THEN AS FAR EAST AS AROUND THE PROSPECT BEEN AREA.

IF YOU DIRECT YOUR ATTENTION TO THE DARKER PURPLE DOTS, THOSE ARE THE LOCATIONS OF THE EXISTING MEDICAL MARIJUANA FACILITIES THAT ARE LICENSED IN THE CITY TODAY.

THOSE ARE THE THREE FACILITIES THAT I PREVIOUSLY DISCUSSED, AND THOSE FACILITIES AS YOU SEE THERE ARE TWO THAT ARE CLUSTERED ALONG UNIVERSITY BOULEVARD AND THEN THERE'S ANOTHER ONE LOCATED OUT ON ROCK ISLAND ROAD.

IF YOU DIRECT YOUR ATTENTION TO THE LIGHTER PURPLE DOTS, THOSE ARE THE TWO PROPOSED NEW LOCATIONS.

AGAIN, THE SUNNYSIDE DISPENSARY, WHICH IS REPRESENTED BY PURPLE DOT NUMBER 4, THAT IS THE DISPENSARY THAT CAME BEFORE YOU LAST MONTH, AND THAT IS THE DISPENSARY THAT WILL BE SEEKING SPECIAL EXCEPTION APPROVAL FROM THE CITY COMMISSION ON DECEMBER 14TH.

THEN OF COURSE, THE LAST PROPOSED FACILITY WOULD ALSO BE OUT ON ROCK ISLAND ROAD SHOULD THEY SUBMIT THEIR APPLICATION AND RECEIVE APPROVAL FROM THE CITY COMMISSION.

JUST TO DRILL THIS DOWN A LITTLE BIT FURTHER, WE HAD THE MEDICAL MARIJUANA DISPENSARIES BECAUSE WE WERE AGAIN, CONCERNED ABOUT THE CLUSTERING OF THESE FACILITIES IN ONE GEOGRAPHIC AREA IN THE CITY, AND SO WE HAVE THE GREEN CIRCLE, WHICH REPRESENTS A TWO-MILE BUFFER.

THE ORANGE CIRCLE, WHICH REPRESENTS A THREE-MILE BUFFER, AND THEN THE RED CIRCLE, WHICH REPRESENTS A FOUR MILE BUFFER.

AS INDICATED IN STAFF'S REPORT, YOU'LL NOTICE THAT SHOULD ALL OF THE PROPOSED FACILITIES IN THE EXISTING FACILITIES REMAIN OPEN, THE CITY WOULD HAVE A TOTAL OF FIVE MEDICAL MARIJUANA DISPENSARIES OPERATING IN A RADIUS OF LESS THAN FOUR MILES.

AS A RESULT, THE PROPOSED ORDINANCE THAT IS NOW BEING BROUGHT BEFORE YOU IS TO HELP TO ENSURE THAT THESE USES HAVE AN OPPORTUNITY TO BE EVENLY DISTRIBUTED THROUGHOUT THE CITY OF TAMARAC BOUNDARIES.

THE PROPOSED ORDINANCE WILL NOW PERMIT MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES AS

[00:15:04]

AN ACCESSORY USE IN THE MIXED USE NEIGHBORHOOD AND THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS, AND PERMIT THE USES AS A SPECIAL EXCEPTION IN THE BUSINESS PARK ZONING DISTRICT.

THE USES WOULD REMAIN AN ACCESSORY USE IN THE MIXED USE CORRIDOR AND THE MIXED USE GENERAL ZONING DISTRICTS.

WHAT THIS WOULD ESSENTIALLY ALLOW IS FOR THESE USES TO BE PERMITTED ONLY AS ACCESSORY, AND THAT'S TYPICALLY WHAT WE WOULD DEEM AS SOMETHING THAT WOULD BE MORE EFFECTIVE THAN JUST THE SPECIAL EXCEPTION PROCESS.

THEY WOULD HAVE TO BE ACCESSORY TO PARTICULAR CATEGORIES, AND THESE CATEGORIES ARE COMMON WITH WHAT YOU SEE OTHER TYPICAL PHARMACIES OPERATING IN, AND SO IF YOU NOTE ON THE TABLE THERE'S ALSO HIGHLIGHTED SECTION OF THE CODE, WHICH IS 10-3.3(D)(15).

THESE ARE GOING TO HIGHLIGHT THOSE SPECIFIC CATEGORIES IN WHICH THESE PARTICULAR USES WILL BE ABLE TO OPERATE IN ACCESSORY TOO.

THE AMENDMENT TO THE TEXT OF SECTION10-3.3(D)(15) THEY USE SPECIFIC STANDARDS, THEY ARE SPECIFIC TO MEDICAL MARIJUANA DISPENSARIES, AND NOW WE'LL INCLUDE PHARMACIES AS WELL AS THESE USES HAVE TO BE REGULATED IN THE SAME MANNER.

THESE ARE THE EXISTING SPECIFIC USE STANDARDS, SO AGAIN, NO MEDICAL MARIJUANA DISPENSARY SHALL BE LOCATED WITHIN 500 FEET OF REAL PROPERTY THAT COMPRISES A PUBLIC, PRIVATE ELEMENTARY MIDDLE SCHOOL OR SECONDARY SCHOOL.

THE MEASUREMENT SHALL BE TAKEN FROM THE PROPERTY LINE BOUNDARY OF THE PROPOSED MEDICAL MARIJUANA DISPENSARY TO THE IMPACT OF PROPERTY OF THE PUBLIC ELEMENTARY, PRIVATE, MIDDLE, OR SECONDARY SCHOOL.

NO MEDICAL MARIJUANA DISPENSARY IS PERMITTED TO DISPENSE FROM ITS PREMISES MARIJUANA OR A MARIJUANA DELIVERY DEVICE BETWEEN THE HOURS OF 09:00 P.M. AND 07:00 A.M AND AGAIN, THESE ARE ALSO CITED IN THE STATE STATUTE FOR THE REGULATION [NOISE] FOR MARIJUANA FACILITIES.

TO CONTINUE THESE USE SPECIFIC REGULATIONS, AGAIN, THERE IS A CITING OF STATE STATUTE 381.986, SO AGAIN, ALL MEDICAL MARIJUANA DISPENSARY ESTABLISHMENTS OFFERING OR PROVIDING RETAIL SERVICES SHALL BE DULY LICENSED.

AGAIN, THAT WILL BE REQUIRED WITH THE STATE, ALSO WITH THE COUNTY AS WELL, AND THEN ALSO WITH THE CITY OF TAMARAC.

A BUSINESS TAX RECEIPTS, SO THAT LANGUAGE WAS AMENDED JUST TO BE CONSISTENT WITH THE REST OF THE LANGUAGE IN THE CITY'S CODE, SHALL BE REQUIRED FOR ALL MEDICAL MARIJUANA DISPENSARIES ASSESSED AT THE SAME RATE, CONSISTENT WITH THAT OF PHARMACIES, AND THIS NEW LANGUAGE HERE, WHICH IS SUB-SECTION 6 IN ZONING DISTRICTS WHERE MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES HAVE BEEN DESIGNATED AS AN ACCESSORY USE.

THE FACILITY SHALL ONLY OPERATE AS A SECONDARY USE WITH THE PERMITTED PRIMARY USES OF RETAIL AND HEALTH CARE FACILITIES AS OUTLINED IN THE PERMITTED USE TABLE OF THE CITY'S CODE.

AGAIN, THIS WILL REQUIRE THAT ANY MEDICAL MARIJUANA DISPENSARY OR PHARMACY THAT IS OPERATING AS AN ACCESSORY USE, THEY WILL HAVE TO BE AN ACCESSORY TO A PRIMARY RETAIL USE OR A HEALTH CARE FACILITY.

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

AS INDICATED IN THE STAFF REPORT, STAFF HAS INDICATED THAT THE PARTICULAR CRITERIA HAS BEEN MET.

THE PROPOSED AMENDMENT IS ALSO CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN AS IT RELATES TO THE FUTURE LAND USE ELEMENT AND RELATIVE TO THE OBJECTIVES AND POLICIES.

I WON'T GO THROUGH THEM HERE, BUT AGAIN, THIS AMENDMENT IS REQUIRED DUE TO CHANGING CONDITIONS AND THE NEW AND UNIQUE AND INVOLVING USE OF MEDICAL MARIJUANA DISPENSARIES AND ALSO PHARMACIES.

THE PROPOSED AMMENDMENT ALSO SUPPORTS THE CITY STRATEGIC GOAL NUMBER 4, WHERE TAMARAC IS VIBRANT, ADDRESSES THE REGULATION OF NON-RESIDENTIAL USES AND THEIR IMPACT ON THE SURROUNDING COMMUNITY, LASTLY, THE RECOMMENDATION IS THAT THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FOWARD A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION TO AMEND CHAPTER 10, ARTICLE 3 OF THE CITY OF TAMARAC LAND DEVELOPMENT CODE ENTITLED USE REGULATIONS.

AMENDING SECTION 10-3.2 ENTITLED TABLE OF ALLOWED USES,

[00:20:01]

BY SPECIFICALLY AMENDING TABLE 10-3.1 ENTITLED ALLOWED USES TO PERMIT MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES AS AN ACCESSORY USE IN THE MIXED USE NEIGHBORHOOD AND THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICTS, AND PERMIT MEDICAL MARIJUANA DISPENSARY FACILITIES AND PHARMACIES IN THE BUSINESS PARK ZONING DISTRICTS SUBJECT TO SPECIAL EXCEPTION APPROVAL.

THIS AMENDMENT IS ALSO AMENDING SECTION 10-3.3 ENTITLED USE SPECIFIC STANDARDS BY SPECIFICALLY AMENDING SECTION 10-3.3(D)15(D), ENTITLED MEDICAL MARIJUANA DISPENSARY TO PROVIDE FOR PERFORMANCE STANDARDS FOR MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES IN ACCORDING WITH FLORIDA STATE STATUTES ON FIRST READING AT IT'S DECEMBER 14TH, 2022 MEETING AND ON SECOND READING AT IT'S JANUARY 11, 2023 MEETING.

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

>> THANKS. SINCE THIS IS A PUBLIC HEARING, WE WILL NEXT OPEN IT UP TO THE PUBLIC FOR ANY QUESTIONS OR COMMENTS FOR ANYONE IN ATTENDANCE.

IF YOU HAVE ANY, PLEASE COME UP TO THE PODIUM AND STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD.

NOT SEEING ANYBODY, SO I WILL NOW CLOSE THE PUBLIC HEARING PORTION OF THIS ITEM AND WE WILL COME BACK TO THE BOARD.

DOES ANYBODY ON THE BOARD HAVE QUESTIONS FOR STAFF?

>> I DO. CAN WE GO BACK TO THAT GRAPHIC THAT HAS THE RADIUS FOR THE DISPENSARIES? WHAT'S THE DISTANCE IN MILES FROM ONE TIP OF TAMARAC TO THE OTHER?

>> ONE TIP OF TAMARAC TO THE OTHER, AND THIS MAP WAS STRETCHED FOR THE PURPOSES OF THIS PRESENTATION, BUT TAMARAC ITSELF CONTAINS ABOUT 12 SQUARE MILES.

AGAIN, BECAUSE OF THE WAY THE PRESENTATION LOOKS, IT'S A LITTLE BIT MORE STRETCHED OUT THAN WHAT IT WOULD NORMALLY APPEAR HAD YOU BEEN LOOKING AT A MAP THAT WAS PROBABLY TRUE TO SCALE.

THIS WAS ZOOMED IN FOR THE PURPOSES OF BEING ABLE TO CLEARLY SEE WHERE THE MEDICAL MARIJUANA DISPENSARIES ARE CLUSTERED WITHIN A FOUR MILE RADIUS OF EACH OTHER.

>> I'M ASKING BECAUSE I SEE YOU HAVE THE RADIUS OF FOUR MILES BUFFER, SO THAT WILL MAKE IT ABOUT EIGHT MILES FROM TIP TO TIP.

WE'RE NOT TRYING TO REGULATE THE FACILITIES IN TERMS OF DISTANCE FROM EACH OTHER?

>> THAT IS CORRECT. BECAUSE OF STATE STATUTE, IF WE WERE TO DO THAT, WE WILL HAVE TO DO THE SAME WITH PHARMACIES.

WHAT WE'RE TRYING TO DO IS JUST HIGHLIGHT THIS IS WHERE WE ARE NOW, THIS IS WHERE WE COULD BE IF THESE NEXT TWO FACILITIES RECEIVE APPROVAL.

IF ALL THINGS BEING CONSIDERED ARE APPROVED, THEN WE WOULD ESSENTIALLY HAVE FIVE MEDICAL MARIJUANA DISPENSARIES OPERATING IN LESS THAN A FOUR MILE RADIUS.

AS YOU CORRECTLY STATED, THE RADIUS IS HALF OF THE DIAMETER, SO IT WOULD BE EIGHT MILES IN TOTAL.

>> ARE ANY OF THESE ACCESSORY USERS, I KNOW THE TWO WE APPROVED AREN'T BECAUSE THEY ARE STANDALONE.

THOUGH THE ONE THAT'S IN PROCESS, 5,100, IS THAT GOING TO BE THE FACILITY OR IS IT AN ACCESSORY TOO?

>> IT WOULD NOT BE.

THE FACILITIES THAT WE HAVE NOW, THEY ARE ALL STANDALONE.

THE SUNNYSIDE DISPENSARY THAT IS GOING BEFORE CITY COMMISSION NEXT WEEK, THAT WILL BE A STANDALONE.

AYR WELLNESS FROM THE NAME, THE CONNOTATION, NOT REALLY PARTICULARLY SURE WITH THEIR ENTIRE OPERATION, BUT FROM MY UNDERSTANDING, THEY ARE ALSO ATTEMPTING TO OPEN A STANDALONE.

BUT BECAUSE THEY HAVE NOT SUBMITTED THEIR FORMAL APPLICATION, THEY WOULD NOW BE SUBMITTED TO THIS LEGISLATION THAT WOULD REQUIRE THEM TO BE AN ACCESSORY TO A RETAIL FACILITY OR A HEALTH CARE FACILITY.

>> AN ACCESSORY, JUST FOR THE RECORD, IS PROBABLY A PUBLICS WITH A PHARMACY OR A MEDICAL CENTER WITH THEIR OWN PHARMACY OR SOMETHING LIKE THAT?

>>MORE THAN LIKELY A HEALTH CARE FACILITY, NOT NECESSARILY A PUBLICS.

THE WAY THAT THE CITIES ALLOWED USE TABLES CATEGORIZED AS CERTAIN RETAIL USES, YOU DO HAVE CERTAIN STANDALONE PHARMACIES.

WE HAVE A COUPLE IN THE CITY THAT ARE JUST REGULAR, LIKE THE YELLOW DOTS, THEY'RE STANDALONE PHARMACIES.

BUT AGAIN, THERE ARE CERTAIN STATE REGULATIONS IN ADDITION THAT THEY WOULD HAVE TO COMPLY WITH AS WELL.

WE HAVE THAT RETAIL COMPONENT REQUIRED FOR ACCESSORY,

[00:25:03]

BUT THEN THE STATE ALSO HAS CERTAIN REGULATIONS THAT IF IT IS AN ACCESSORY TO RETAIL, THERE ARE CERTAIN ITEMS RELATED TO THAT RETAIL THAT THE STATE WILL NOW STEP IN AND DETERMINE IF THEY'RE ABLE TO ALSO SELL MEDICAL MARIJUANA.

>> I THINK THAT'S IT.

WHAT'S THE CHANGE AGAIN TO THE CODE?

>> YES, ABSOLUTELY, THE CHANGE TO THE CODE WHEN NOW, RATHER THAN THESE USES BEING SPECIAL EXCEPTION, WHICH IS WHAT YOU SEE WITH THE SE WITH THE UNDERLINE, THE YOUTH WOULD NOW BE ACCESSORY.

IN THE MUN AND IN THE NC ZONING DISTRICT, BOTH FOR MEDICAL MARIJUANA AND PHARMACIES BECAUSE WE HAVE TO TREAT BOTH THE SAME, BOTH WILL NOW BE REQUIRED TO BE ACCESSORY TO RETAIL OR A HEALTH CARE FACILITY, AND THEN THEY WOULD ONLY BE SUBJECT TO SPECIALISTS OPTION APPROVAL IN THE BUSINESS PART ZONING DISTRICT.

>> THANK YOU.

>> ANY OTHER QUESTIONS FOR STAFF?

>> DO WE HAVE A LIMIT AS TO HOW MANY OF THE DISPENSARY WE WILL HAVE IN OUR CITY?

>> NOT AT THIS TIME, SO AGAIN, UNTIL THE STATE BRINGS BACK LEGISLATION THAT WILL PERMIT CITIES TO PLACE A CAP, WHICH IS BASICALLY WHAT IT WOULD BE A CAP TO LIMIT THE NUMBER, WE DO NOT HAVE THE ABILITY TO LIMIT THE NUMBER OF FACILITIES.

>> ONE OTHER QUESTION, THE REGULAR PHARMACIES LIKE CVS, WALGREENS, WILL THEY EVENTUALLY BE PERMITTED TO BE ABLE TO ESTABLISH SOMETHING LIKE THIS IN THERE ALSO?

>> THE WAY THAT THE STATUTORY LIMITATIONS ARE WRITTEN AT THE STATE LEVEL, THERE ARE CERTAIN RETAIL COMPONENTS THAT WOULD EITHER ALLOW OR PROHIBIT A CVS OR WALGREENS TO BE ABLE TO ALSO DISPENSE MEDICAL MARIJUANA.

AT THIS TIME, THOSE STATUTORY COMPLIANCES ARE NOT MET BY WALGREENS AND CVS, SO AGAIN, HOW THIS LEGISLATION EVOLVES AT THE STATE-LEVEL WILL SIGNIFICANTLY IMPACT HOW LOCAL GOVERNMENT CAN ALSO REGULATE MEDICAL MARIJUANA, BUT NO, NOT AT THIS TIME.

>> THANK YOU.

>> ANY OTHER QUESTIONS TO MY LEFT AND EITHER YOU GUYS ANY QUESTIONS?

>> NO QUESTIONS.

>> I HAD A QUESTION ABOUT THE EXISTING FACILITIES, IF THIS IS APPROVED, WOULD THEY BECOME NON-CONFORMING?

>> THAT IS CORRECT, SO THE EXISTING FACILITIES WOULD NOW BECOME NON-CONFORMING BECAUSE THEY ARE STAND-ALONE FACILITIES AND THEY ARE NOT ACCESSORY TO RETAIL IN HEALTH CARE FACILITIES AT THIS TIME.

>> HOW DOES THAT WORK FOR THEIR OPERATIONS IF THEY WERE ALLOWED TO CONTINUE OPERATING UNTIL-

>> THEY ARE ALLOWED TO CONTINUE OPERATING, PROVIDING THAT THE BUSINESS TAX RECEIPT REMAINS INTACT AND CURRENT.

IF THERE IS A SALE OF THE PROPERTY, WE DO HAVE A PROCESS WHERE THE APPLICANT WOULD BE ABLE TO ADMINISTRATIVELY TRANSFER THE BUSINESS LICENSE, AND THAT PROCESS IS ALSO REGULATED BY THE STATE LEVEL AS WELL.

THERE ARE CERTAIN REQUIREMENTS THAT THEY WOULD HAVE TO MEET TO BE ABLE TO TRANSFER THAT DISPENSARY LICENSE TO WHOEVER WOULD BE PURCHASING THAT.

>> IF IT STOPPED OPERATING, DOES THAT IMMEDIATELY ELIMINATE THEIR NON-CONFORMING STATUS OR IS THERE A PERIOD OF TIME WHERE SOMEBODY ELSE COULD COME IN AND-

>> IF THE FACILITY STOPPED OPERATING AND THE BUSINESS LICENSE WAS NOT INTACT, THE CITY WOULD THEN HAVE THE ABILITY TO MAYBE NOT PERMIT THE USE TO CONTINUE SHOULD THE FACILITY BE RE-OCCUPIED IN THE FUTURE.

>> THERE'S NO PERIOD OF TIME WHEN I SAY 60 DAYS WHERE ANOTHER OPERATOR COULD COME IN AND RESUME THAT TYPE OF OPERATION BECAUSE THERE'S A A GRACE PERIOD THERE.

>> WITHOUT THE ADMINISTRATIVE TRANSFER OF THE BUSINESS LICENSE, NO, THERE WOULD NOT BE.

>> GOT IT.

>> YEAH THERE IS NON-CONFORMING PERIOD OF TIME. THERE IS 60 DAYS.

>> THERE IS 60 DAYS, SO THAT THE BUSINESS LICENSE WOULD NEED TO REMAIN INTACT DURING THOSE 60 DAYS.

>> THANK YOU. IS THERE A REASON WHY HE DECIDED TO PROPOSE TO KEEP THE SPECIAL EXCEPTION IN A BUSINESS PARK CATEGORY AS OPPOSED TO JUST MAKING THAT ACCESSORY AS WELL?

[00:30:03]

>> THE SPECIAL EXCEPTION PROCESS AGAIN, WHAT WE HAVE NOTICED IS THAT THE CLUSTERING IS MAINLY TAKING PLACE ALONG THE MAJOR ARTERIALS IN THE CENTER OF THE CITY WHERE THE MIXED-USE DISTRICTS ARE.

WHAT WE HAVE NOT NOTICED IS THAT SAME PATTERN OF DEVELOPMENT IN THE DISTRICT, AGAIN, BEING VOID OF ANY LOCATIONS AT THIS PRESENT TIME.

THE SPECIAL EXCEPTION PROCESS WOULD ALLOW A STAND-ALONE FACILITY TO GO TO SPECIAL EXCEPTION APPROVAL PROCESS TO BE LOCATED IN THAT AREA.

I THINK THE GREATER CONCERN IS, AGAIN, THE CLUSTERING OF FACILITIES AND A MIXED-USE DISTRICTS, WHEREAS THAT CONCERN IS NOT AS GREAT IN THE BUSINESS PART ZONING DISTRICT.

>> HOW MANY BUSINESS PARK ZONED AREAS ARE THERE?

>> THE MAJORITY OF THE CITY'S BUSINESS PARK ZONED AREA IS LOCATED THEREABOUTS KNOB HILL ROAD, WHERE THE CITY BOUNDARIES END ALONG THE SAWGRASS EXPRESSWAY, SO CITY FURNITURE, THE AMAZON WAREHOUSE, THOSE AREAS, I DO BELIEVE WE HAVE ALSO A FEW SMALL PARCEL SOME POCKETS OUT EAST THAT BORDER THE EXECUTIVE AIRPORT, SO NOT A LOT BUT AGAIN, IF YOU LOOK AT THE MAP, THOSE ARE THE AREAS THAT HAVE NOT BEEN IMPACTED BY THESE FACILITIES.

>> THE LAST THING I JUST CHECK SOME NOTES I MADE.

THE CVS'S AND THE WALGREENS, THEY ARE CONSIDERED RETAIL USES WITH ACCESSORY PHARMACIES, IS THAT HOW THEY'RE TREATED?

>>FOR BUSINESS TAX PURPOSES AND THIS IS WHERE IT GETS A LITTLE LESS CLEAR, BUT FOR BUSINESS TAX PURPOSES, THEY'RE ALL TREATED THE SAME.

THEY'RE ALL TREATED AS PHARMACY, THEIR BUSINESS TAX RECEIPTS SAYS PHARMACY, EVEN THE MEDICAL MARIJUANA FACILITIES, THEIR BUSINESS TAX RECEIPTS SAYS PHARMACY BUT THEY WILL HAVE A NOTE LIKE A NOTATION IN THE BOTTOM IF THEY ARE A MEDICAL MARIJUANA DISPENSARY, BUT BECAUSE OF AGAIN, GOING BACK TO THE WAY THE STATE REQUIRES THE CITY TO REGULATE THESE FACILITIES, THAT'S DONE TO ENSURE THAT THE LICENSES FOR THESE FACILITIES ARE NOT CHARGED DIFFERENTLY.

ENSURING THAT WE CHARGE PHARMACIES AND ENSURING THAT WE CHARGE MEDICAL MARIJUANA FACILITIES THE SAME FOR BUSINESS TAX PURPOSES, THEY'RE ALL CLASSIFIED AS PHARMACY.

>> BUT FOR ZONING PURPOSES, I GUESS MY QUESTION GOES TO THE REASON WHY THE CVS AND WALGREENS WOULDN'T BECOME NON-CONFORMING UNDER THE PROPOSED CHANGES BECAUSE FOR ZONING PURPOSES, THEY'RE TREATED AS RETAIL SALES PRIMARILY WITH ACCESSORY PHARMACIES?

>> THAT IS CORRECT. THEY'RE CONSIDERED RETAIL FACILITIES WITH PHARMACIES, HOWEVER, AS FAR AS THE STATE STATUTES ARE WRITTEN RIGHT NOW, THEY DO NOT HAVE THE ABILITY TO BECOME DISPENSARIES AT THIS MOMENT BECAUSE THERE ARE CERTAIN REQUIREMENTS THAT THE STATE HAS ENACTED WHERE THE RETAILER IS LIMITED IN WHAT COULD BE CONSIDERED APPROPRIATE TO BE A MEDICAL MARIJUANA DISPENSARIES AND SO THE WALGREENS AND CVS'S THEY DON'T MEET THOSE CRITERIA JUST YET.

>> IN THE FUTURE IF THIS IS APPROVED AND WALGREENS CLOSED AND A MEDICAL MARIJUANA DISPENSARY WANTED TO USE THAT LOCATION, THEY WOULD HAVE TO OPERATE SIMILAR TO THE CVS OR WALGREENS, MEANING THAT THE MAJORITY OF THE FLOOR SPACE WOULD HAVE TO BE DEVOTED TO RETAIL SALES OF SOME SORT, WITH THE MEDICAL MARIJUANA BEING IN THE BACK LIKE WHAT WALGREENS AND CVS DOES NOW, RIGHT?

>> YEAH, THAT'S CORRECT, SO AGAIN, IF A FACILITY WANTED TO COME IN, LET'S SAY WALGREENS CLOSE AND THEY WANTED TO UTILIZE IT, THEY WOULD HAVE TO AGAIN, BECAUSE THE STATE ALSO HAS PHYSICAL REQUIREMENTS, IT HAS TO BE LOCKED AWAY, THERE'S ALL THESE REQUIREMENTS AS WELL.

THAT'S WHY BANKS ARE VERY ATTRACTIVE, BECAUSE BANKS HAVE EVOLVED AND THEY HAVE THOSE SECURITY PLACES, SO THEY ALREADY MEET THOSE STATE STATUTE REQUIREMENTS WHEREAS WALGREENS DOESN'T NECESSARILY HAVE THAT PHYSICAL INFRASTRUCTURE IN PLACE.

IF A DISPENSARY WANTED TO COME IN, THEY WOULD ACTUALLY HAVE TO DO SOME INTERIOR RENOVATIONS JUST TO MEET THE STATE REQUIREMENTS BEFORE THEY COULD EVEN APPROACHED THE CITY ABOUT RECEIVING A LICENSE AS WELL.

>> THANKS. ANY OTHER QUESTIONS FROM BOARD MEMBERS.

>> ONE LAST FOLLOW-UP QUESTION, SO THAT LOCATION AS 5100, IF THE APPLICATION WAS A STAND-ALONE, AND THIS NOW GOES INTO EFFECT, MEANING THAT IT WOULD HAVE TO BE AN ACCESSORY?

>> THAT'S CORRECT.

>> HOW DO THEY DEAL WITH THAT OR HOW WOULD THE CITY DEAL WITH THAT?

>> THE APPLICATION HAS NOT BEEN SUBMITTED, SO AGAIN, WE HAVE NOT RECEIVED THEIR APPLICATION, THEY WERE PROVIDED THE ADMINISTRATIVE ORDER WHEN IT FIRST WENT INTO EFFECT THE FIRST TIME, AND SO THERE HAS NOT BEEN ANY RESPONSE,

[00:35:02]

AND SO THE APPLICANT, IF AND WHEN THEY DECIDE TO APPROACH THE CITY, WE WOULD TREAT THEM LIKE ANY OTHER APPLICANT, WE WOULD INFORM THEM OF THE REGULATIONS THAT ARE NOW IN PLACE.

>> NOT SEEING ANY OTHER QUESTIONS FROM THE BOARD.

I ENTERTAIN A MOTION.

>> I MOVE THAT WE VOTE ON IT NOW.

>> IS THAT A MOTION TO APPROVE OR DISAPPROVE?

>> I MOVE THAT WE APPROVE THE CHANGE IN THE STATUTE.

>> MOTION HAS BEEN MADE.

IS THERE A SECOND? EXCUSE ME.

>> FOR CLARIFICATION. IT'S ORDINANCE, NOT STATURE.

WE'RE NOT CHANGING STATE LAW.

YOU'RE MAKING A RECOMMENDATION TO THE CITY COMMISSION IN FAVOR OR AGAINST THE LAUNCHING OF THE ORDINANCES AS PROPOSED BY STAFF HERE THIS MORNING.

>> IN THAT CASE, I MOVE THAT WE RECOMMEND TO THE COMMISSION THAT THEY APPROVE THIS ORDINANCE.

>> MOTION IS ON THE FLOOR. IS THERE A SECOND FROM ANYONE? I WILL SECOND THAT MOTION. CALL THE VOTE.

>> RICHARD HUGHES?

>> YES.

>> SIR JEAN BELL CLARK?

>> YES.

>> DAVID LEVINE?

>> YES.

>> ERIC NAGI?

>> YES.

>> VIOLA WATSON?

>> YES.

>> MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION PASSED FIVE TO ZERO.

>> THANK YOU. MOVING ON TO ITEM 9.

CHOOSE THE QUASI-JUDICIAL HEARINGS FOR ITEM 9A.

[9.a TBO 63 - Board Order approving/denying Special Exception application for SavvySliders – Tamarac located at 2400-A West Commercial Boulevard, Tamarac, Florida33309, to allow for the use of a renovated one (1) story two-thousand one-hundredand forty-nine square foot (2,149 sq.ft.) restaurant “fast-food” with the addition of adrive-through lane and related infrastructure in the MU-C (Mixed-Use Corridor)district, pursuant to the Tamarac Code of Ordinances.]

I THINK THESE ARE ALL TOGETHER, SO I WILL READ THEM INTO THE RECORD SINCE THEY'RE ALL RELATED TO THE SAME PROJECT I THINK.

NO, I'M SORRY, 9 A, B, AND C, SO I'LL READ THOSE.

NINE A IS A BOARD ORDER APPROVING OR DENYING SPECIAL EXCEPTION APPLICATION FOR SAVVY SLIDERS, TAMARAC, LOCATED AT 2400A WEST COMMERCIAL BOULEVARD, TAMARAC, FLORIDA 33309, TO ALLOW FOR THE USE OF A RENOVATED ONE STORY, 2,149 SQUARE FOOT RESTAURANT, FAST FOOD, OR THE ADDITION OF A DRIVE-THRU LANE AND RELATED INFRASTRUCTURE AND THE MUC MIXED-USE CORRIDOR DISTRICT PURSUANT TO THE TAMARAC CODE OF ORDINANCES.

ITEM 9B IS A BOARD ORDER APPROVING OR DENYING VARIANTS APPLICATION FOR SAVVY SLIDERS TAMARAC, LOCATED AT 2400A WEST COMMERCIAL BOULEVARD, TAMARAC, FLORIDA 33309, WHICH REQUESTING RELIEF FROM SECTION 10-4.10 SUBSECTION D SUBSECTION 3 F SUBSECTION 3 OF THE CITY OF TAMARAC CODE OF ORDINANCES TO ALLOW FOR ONE SIGN ON THE FACADE OF THE EAST ELEVATION FACING WEST PROSPECT ROAD IN LIEU OF THE PERMITTED ONE FACADE SIGN PER TENANT BAY LOCATED ON THE PRIMARY FRONTAGE OF THE TENANT BAY, PURSUING TO THE TAMARAC CODE OF ORDINANCES.

ITEM 9C IS A BOARD ORDER APPROVING OR DENYING VARIANTS APPLICATION FOR SAVVY SLIDERS TAMARAC LOCATED 2400A WEST COMMERCIAL BOULEVARD, TAMARAC, FLORIDA 33309, REQUESTING RELIEF FROM SECTION 10-4.4 SUBSECTION D SUBSECTION 5A SUBSECTION 2 OF THE CITY OF TAMARAC CODE OF ORDINANCES FOR THE REQUIREMENT BY PROVIDING AT LEAST A WIDTH OF 15 FEET OF LANDSCAPING MEASURED FROM THE PROPERTY LINE TO THE CLOSEST PARKING STALL AND A WIDTH OF 25 FEET MEASURED FROM THE PROPERTY LINE THAT PARALLEL INTERIOR DRIVE ISLE EXCLUDING EGRESS AND INGRESS DRIVE.

AT THIS TIME, WE WILL TURN IT OVER TO THE APPLICANT.

>> MORNING, MR. CHAIR, MEMBERS OF THE BOARD,

[00:40:03]

MICHAEL PINEL FROM STONEFIELD ENGINEERING, HERE ON BEHALF OF THE APPLICANT.

THIS MORNING'S APPLICATION IS FOR A SPECIAL EXCEPTION APPLICATION WITH TWO VARIANCES AT THE SITE LOCATED AT 2400A WEST COMMERCIAL BOULEVARD.

THE SITE IS LOCATED AT THE SOUTHWEST CORNER OF PROSPECT ROAD IN WESTERN COMMERCIAL BOULEVARD.

IT INCLUDES A 6,068 SQUARE-FOOT BUILDING AS PART OF THE EASTERN HALF OF A MULTI-LOT COMMERCIAL STRIP CENTER.

THE SURROUNDING USES INCLUDE AN EXISTING AUTO SERVICE CENTER, WHICH TAKES UP THE WESTERN HALF OF THE STRIP CENTER.

TO THE EAST, WE HAVE THE CREDIT UNION ACROSS PROSPECT ROAD AND TO THE NORTH AN EXISTING GAS STATION ACROSS COMMERCIAL BOULEVARD AND TO THE SOUTH, THE EXISTING CHRISTIAN LIFE CENTER.

THE EXISTING BUILDING INCLUDES THREE USES, THE AT&T, THE DOMINO'S, AND FORMERLY THE MOE'S SOUTHWEST GRILL.

TODAY'S APPLICATION FOCUSES ON THE EASTERN TENANT BAY, THE MOST SOUTHWEST GRILL, WHICH IS SERVICED BY THE ASSOCIATED PARKING AREA, WHICH INCLUDES INFRASTRUCTURE FOR STORMWATER, UTILITIES, LANDSCAPE, AND LIGHTENING.

THE MOE'S SOUTHWEST GRILL HAS PEDESTRIAN PUBLIC ENTRANCE ALONG WEST COMMERCIAL BOULEVARD, AND ALSO INCLUDES AN EXISTING DRIVE-THRU WINDOW WHICH IS NO LONGER IN OPERATION ALONG THE PROSPECT ROAD BOULEVARD, SIMILAR TO THE APPLICATION FOR SPECIAL USE EXCEPTION IN FRONT OF YOU TODAY.

THE PROPOSED USE WILL TAKE THE EASTERN TENANT BAY AND PROVIDE A SAVVY SLIDERS RESTAURANT.

SAVVY SLIDERS IS A QUICK SERVICE RESTAURANT THAT FOCUSES ON SERVING SMALLER SLIDER SANDWICHES, HANDS-ON CUSTOM SHAKES, AND ASSOCIATED SLIDES.

THE RESTAURANT HAS MAINLY OPERATED IN MICHIGAN AND OHIO, BUT HAS CHOSEN THE CITY OF TAMARAC AS PART OF ITS INITIAL EXPANSION INTO THE FLORIDA MARKET.

THE PROPOSED USE WILL RENOVATE THE EASTERN TENANT BAY AND INCLUDE SITE IMPROVEMENTS FOR THE PARKING AREA, INCLUDING DEDICATING A DRIVE-THRU LANE ALONG THE EASTERN AND NORTH AND SOUTHERN PARKING AREA ELIMINATING 10 SPACE OR 10 PARKING SPACES.

ADDITIONALLY, THE DRIVE AS PART OF THE RENOVATIONS, THE DRIVE-THROUGH WINDOW WILL BE RELOCATED FROM THE MID BLOCK ALONG THE EASTERN FACADE TO THE NORTHEAST CORNER OF THE BUILDING.

SPECIAL EXCEPTION IN FRONT OF YOU TODAY IS FOR A RESTAURANT WITH DRIVE-THROUGH IN THE MU-C DISTRICT AS ALLOWED BY TABLE 10 2C OF THE CITY OF TAMARAC LAND DEVELOPMENT CODE.

AS SUCH, THERE ARE CRITERIA THAT NEEDS TO BE MET, I'M NOT GOING TO READ THROUGH THEM ALL FOR THE BENEFIT OF THE BOARD, I WILL READ THROUGH A COUPLE TO SHOW OUR COMPLIANCE WITH THEM.

THE SITE IS COMPLIANT WITH CRITERIA A, AS IT IS COMPLIANT WITH THE FUTURE LAND USE COMMERCIAL DESIGNATION, PROVIDES NO MODIFICATION TO THE EXISTENCE OF STORMWATER SYSTEM, WILL REDUCE IMPERVIOUS AREA ONSITE AND IS COMPLIANT WITH USES OF THE SURROUNDING AREA.

ADDITIONALLY, UPON APPROVAL, SPECIAL EXCEPTION USED BY THE BOARD THIS MORNING AND IN THE FUTURE CITY COUNCIL APPROVAL, THE DRIVE TO USE IS PERMITTED WITHIN THIS DISTRICT.

THE SITE WILL ALSO BE COMPLIANT WITH THE CRITERIA E AS ALL EXISTING AND PROPOSED SITE IMPROVEMENTS INCLUDING THE NEW DRIVE-THROUGH EQUIPMENT, WILL COMPLY WITH LIGHTING, SECURITY STANDARDS AND NOISE NUISANCE ORDINANCES.

THE IMPROVEMENTS TO THE PROPOSED SITE, SUPPOSE SITE FEATURES WILL BE COMPLIANT WITH DRIVE-THROUGH STANDARDS, WILL PROVIDE ADDITIONAL IMPROVEMENTS TO THE PARKING BAY, BRINGING THE SITE FURTHER INTO COMPLIANCE WITH DIMENSIONAL PARKING REQUIREMENTS, AND WILL PROVIDE AN ADDITIONAL ACCESSIBLE PATHWAY FROM PROSPECT AS THE CURRENT ONE IS NOT IN COMPLIANCE WITH ACCESSIBLE STANDARDS.

SITE IS REQUESTING TWO VARIANCES, THE FIRST IS FROM SECTION 10-4.4(D)(5)(A)(II) WHICH REQUIRES A 15 FOOT BUFFER FROM PROSPECT ROAD TO THE CLOSEST PARKING AISLE.

THE APPLICANT IS REQUESTING A 1.13 FOOT EXTENSION OF THE EXISTING NON-CONFORMING TO EXTEND THE PARKING SPACES AND BRING THE PARKING SPACES FURTHER INTO COMPLIANCE WITH CITY PARKING SPACE DEPTH REQUIREMENTS.

[00:45:04]

THE EXPANSION OF THE DRIVE AISLE WILL NOT AFFECT ANY SHRUBS, OR TREES ALONG THE BUFFER.

AS WITH A SPECIAL EXCEPTION, THERE ARE CRITERIA WITH WHICH VARIANCES MUST MEET, AGAIN, I WILL NOT READ THROUGH THEM ALL, BUT THE SITE IS IN COMPLIANCE WITH CRITERIA I, II, AND V AS IT INCREASES SAFETY AND FUNCTIONALITY OF THE PARKING AREA WHILE MAINTAINING THE INTEGRITY OF THE LANDSCAPE.

ADDITIONALLY, I'VE ALREADY SPOKEN TO CRITERIA VI THROUGH VIII AS THEY ARE COMPLIANT AS WELL WITH A SPECIAL EXCEPTION USE.

SECOND VARIANCE IS FOR RELIEF INJECTIONS 10-4.10 (D)(3)(F)(III), WHICH ONLY ALLOWS FOR A MAXIMUM OF ONE SIGN BACK AS THIS TENANT DAY HAS FRONTAGES ALONG BOTH WEST COMMERCIAL AND PROSPECTS, WE ARE ASKING FOR PRIMARY SIGN ON WEST COMMERCIAL AND A SECONDARY SIGN ON WEST PROSPECTS AS SHOWN HERE.

THIS REQUEST IS COMPLIANT WITH CRITERIA I, II,IV, AND V AS THE SECONDARY SIGNAGE TO PROSPECT WILL INCREASE FROM THE ROADWAY, INCREASING TRAFFIC SAFETY ALONG THE ROADWAY NETWORK IN SPIRIT WITH THE LDC, IS A CONTINUATION OF THE EXISTING SIGNAGE THAT WAS UTILIZED FOR THE MODES OF RESTAURANT.

THE APPLICANT DOES HAVE CURRENT APPROVALS AND PERMIT APPLICATIONS IN WITH THE CITY FOR MINOR SITE PLAN APPLICATION AND A VARIETY OF BUILDING PERMITS.

WE WILL BE OBTAINING ALL NECESSARY DEPARTMENTS AS PART OF OUR APPLICATION, AND WE WILL PROVIDE THOSE TO STAFF UPON APPROVAL.

WE HAVE PROVIDED FOR THE BENEFIT OF THE BOARD SOME PICTURES OF EXISTING SITES TO SHOW YOU ANY BOARD AREA, AS WELL AS SOME EXTERIOR SHOTS FROM SOME OF THE SITES WE HAVE THROUGH OUT THE COUNTRY.

THE SITE ON THE LEFT WILL BE COMPLIANT WITH THE BLENDING THAT WILL BE PROVIDED AT THIS TENANT SPACE, WHILE THE SITE ON THE EAST SHOWS YOU A VERY SIMILAR BUILDING AND OPERATIONS AND ACTION.

WITH THAT, I THANK THE BOARD FOR IT'S TIME THIS MORNING AND I'M AVAILABLE FOR ANY QUESTIONS.

>> ARE THERE ANY QUESTIONS FOR THE APPLICANT?

>> I DO. GOING IN.

WILL YOU BE TAKING OVER THE ENTIRE BUILDING?

>> THAT'S THE EASTERN TENANT SPACE.

>> I DIDN'T SEE YOUR PARKING ANALYSIS HERE.

>> YES. WE ARE COMPLIANT THERE 44 REQUIRED PARKING SPACES THAT WERE INCLUDED WITHIN OUR SITE PLAN THAT WAS PROVIDED TO THE BOARD.

THERE ARE 45 CURRENT PROPOSED PARKING SPACES ON-SITE.

>> YOU SAY PROPOSED, BUT YOU ARE SEEKING VARIANCE TO BRING EXISTING PARKING SPACES INTO COMPLIANT OR ARE THOSE PARKING SPACES NEW?

>> THE DEPTH OF THAT PARKING SPACE, WE'RE BRINGING IT CLOSER TO COMPLIANCE WITHOUT AFFECTING THE LANDSCAPING AREAS.

>>WHAT IS IT NOW? WAS IT LIKE EIGHT BY 18 OR.

>> EXACTLY LIKE 18 FT FROM JUST SHY OF 18 FT FROM THE PARKING SPACE PAVEMENT, AND WE WOULD ADD ANOTHER FOOT FOR THAT.

>> OKAY. I'M GOOD. THANK YOU.

>> DOES ANYONE WANT FROM THE BOARD WOULD LIKE TO SEE STAFF'S PRESENTATION ON THIS ITEM? STAFF, COULD YOU.

>> IT IS STRICTLY GOING TO BE A DRIVE THROUGH?

>> SORRY, HOLD ON. I THINK THERE'S A QUESTION FOR YOU.

>> ASPECTS OF SIT DOWN INSIDE AS WELL.

>> AS I WASN'T SURE ABOUT THE DIAGRAM.

>> ACTUALLY, STAFF COULD GIVE THE PRESENTATION, PLEASE.

[00:50:02]

>> GOOD MORNING, LADIES AND GENTLEMEN OF THE PLANNING BOARD.

FOR THE RECORD, I'M CHRISTIAN T. WATERVILLE, ASSOCIATE PLANNER, CITY OF TAMARAC, COMMUNITY DEVELOPMENT DEPARTMENT.

WE'RE HERE FOR THE PROJECT-SAVVY SLIDERS, TAMARAC.

THIS IS FOR A SPECIAL EXCEPTION AND FOR TWO VARIANCES.

REQUEST 9A, AS FAR AS SPECIAL EXCEPTION, AND THIS IS THE JAMES KINOSIAN STONEFIELD ENGINEERING AND DESIGN, THE DESIGNATED AGENT FOR THE PROPERTY OWNER, WC 2550-18-LLC, IS REQUESTING THE APPROVAL OF A SPECIAL EXCEPTION TO ALLOW FOR THE USE OF A RESTAURANT WITH DRIVE-THROUGH IN THE MU-C ZONING DISTRICT.

A SPECIAL EXCEPTION TO ALLOW FOR THE RENOVATION OF A ONE-STORY, 2,149-SQUARE-FOOT RESTAURANT, FAST FOOD, WITH THE ADDITION OF A DRIVE-THROUGH LANE AND RELATED INFRASTRUCTURE WITHIN AN EXISTING PLAZA IN THE MU-C.

THE EXISTING USE WAS A MOE'S, SOUTHWEST GRILL.

IT WAS A RESTAURANT AT THE TIME, DID NOT UTILIZE THE DRIVE-THROUGH ASPECT, AND THE PROPOSED USE IS SAVVY SLIDERS, WHICH WILL BE A RESTAURANT WITH A DRIVE-THROUGH.

THE FUTURE LAND USE DESIGNATION IS COMMERCIAL.

THE ZONE OF CLASSIFICATION OF COURSE IS CITY ZONING, MU-C, MIXED USE CORRIDOR, AND THE COMMISSION IS GOVERNED BY DISTRICT NUMBER 1, COMMISSIONER MARLON BOLTON.

REQUEST 9B AND C AND 9C IS A VARIANCE REQUEST FOR THE PROPOSED TWO VARIANCE REQUESTS FROM THE REQUIREMENT OF MULTIPLE SECTIONS, SECTION 10-4.4, AND 10 OF THE CITY'S CODE OF ORDINANCES.

THE VARIANCE REQUESTS 15-B-22 FOR "GENERAL SIGN REQUIREMENTS." SECTION 10-4.10 SUBSECTION D(3)(F)(III) IS TO SEEK RELIEF FROM THE REQUIREMENT OF MULTIPLE TENANT BUILDINGS WITH EXTERNAL ACCESS TO THE INDIVIDUAL TENANT BAYS ONE FACADE SIGN PER TENANT BAY LOCATED ON A PRIMARY FRONTAGE OF THE TENANT BAY IS ALLOWED.

VARIANCE NUMBER 2 IS 16-B-22, "VEHICULAR USE AREA LANDSCAPING" AND IT'S TO SEEK RELIEF FROM THE REQUIREMENT OF PROVIDING A WIDTH OF 15 FEET OF LANDSCAPING MEASURED FROM THE PROPERTY LINE TO THE CLOSEST PARKING STALL AND A WIDTH OF 25 FEET MEASURED FROM THE PROPERTY LINE TO THE PARALLEL INTERIOR DRIVE OUT, EXCLUDING EGRESS AND INGRESS DRIVES.

THE SUBJECT PROPERTY IS LOCATED AT 2400-A WEST COMMERCIAL BOULEVARD, TAMARAC, FLORIDA 33309.

THE TOTAL SITE OF THE PLAZA IS 2.18 NET ACRES, AND THE SUBJECT PROPERTY AREA INDICATED BY THE RED STAR ON THE RIGHT IS A SEPARATE BUILDING WHICH THE SUBJECT PROPERTY AREA IS 0.88 NET ACRES.

IT'S EASILY IDENTIFIED ON THE SOUTHWEST CORNER OF WEST COMMERCIAL BOULEVARD, AND WEST PROSPECT ROAD.

THE PROPOSED LOCATION IS ACTUALLY SITUATED ON FOUR PARCELS WITHIN AN EXISTING PLAZA, COMMONLY KNOWN AS AUTO CARE CENTER PLAZA.

THE PLAZAS ARE PRIMARILY BORDERED BY A SINGLE-FAMILY RESIDENCE TO THE WEST, A CHURCH, AND ACADEMY TO THE SOUTH.

TO THE NORTH IS A SPEEDWAY GAS STATION, WHICH IS THE MU-C ZONING DISTRICT, AND TO THE EAST IS THE CITY OF FORT LAUDERDALE AFTER PROSPECT ROAD.

BACKGROUND INFORMATION. THE ORIGINAL BUILD-OUT OF THE PLAZA WAS CONSTRUCTED INTO TWO PHASES IN 1988 AFTER THE APPROVAL OF SITE PLAN REVIEW.

THE 2530 STRUCTURE WHICH IS IN THE MIDDLE, AND THE 2550 STRUCTURE, WHICH IS SHOWN ON THE WEST, WAS BUILT AS TWO DETACHED ONE-STORY BUILDINGS PRIMARILY TO ACCOMMODATE INDIVIDUAL AUTO BAYS AND RETAIL SALES.

THE ADDITIONAL DETACHED ONE-STORY BUILDING LOCATED TO THE EAST WAS CONSTRUCTED IN 2000 AFTER THE APPROVAL OF A SITE PLAN REVIEW, AND IT PROVIDED THREE SPACES FOR LEASE.

BETWEEN 1990 AND 2000, THE PLAZA AND LOT WERE INDIVIDUALLY PARCELED, SOLD, AND SPLIT INTO SIX SEPARATE PARCELS WITH SIX DIFFERENT FOLIO NUMBERS.

THEREFORE, OUR CROSS ACCESS PARKING AGREEMENT WAS EXECUTED TO ALLOW FOR THE USE OF PARKING ON ALL AREAS WITHIN THE PROPERTY LINES.

THE CURRENT TENANTS OF AUTO CARE CENTER PLAZA SELL THE BUILDING, ONE THAT WE'RE DISCUSSING, WHICH IS A 2400 BUILDING, 2400A WILL BE THE PROPOSED SAVVY SLIDERS, A RESTAURANT WITH A DRIVE-THROUGH, 2400B IS A DOMINO'S PIZZA, WHICH IS A RESTAURANT WITHOUT A DRIVER THROUGH, AND UNIT C IS AN AT&T WIRELESS, WHICH IS RETAIL SALES.

[00:55:02]

IN BUILDING 2, YOU HAVE A VACANCY IN 2530A AND 2530B BE YOU HAVE AUTO SOUNDS PLOTS, WHICH IS A VEHICLE SERVICES REPAIR MINOR, AND 2530C IS PATRIOT AUTO CARE, WHICH IS A VEHICLE SERVICES REPAIR MINOR AND BUILDING 3, YOU HAVE 2550A, WHICH IS MJ SMOKING, WHICH IS A SMOKE SHOP RETAIL SALES, AND IN 2550B, YOU HAVE JIMMY JOHNS, WHICH IS A RESTAURANT WITHOUT A DRIVE THROUGH.

THE PARKING CALCULATIONS FOR BUILDING 1 FOR THE SUBJECT PROPERTY EXISTING, NOW THEY HAVE 55 EXISTING PARKING SPACES, WHICH INCLUDES TWO HANDICAP SPACES WHICH ARE ON THE FOUR PARCELS, AND THEY'RE PROPOSING TO DO 43 STANDARD PARKING SPACES, AND TO INCLUDE TWO HANDICAP SPACES, WHICH THE TOTAL WILL BE 45 TOTAL PARKING SPACES ON THE FOUR PARCELS.

SAVVY SLIDERS REQUIREMENT IS ONE SPACE PER EVERY 100 SQUARE FEET, IF THE GENERAL FLOOR COMMERCIAL AREA IS UNDER 10,000 SQUARE FEET SO THE TOTAL TENANT IS 2,149 SQUARE FEET, SO THEY'RE REQUIRED TO HAVE 22 PARKING SPACES.

DOMINO'S PIZZA IS SIMILAR, ONE SPACE PER EVERY 100 SQUARE FEET, SO THEY'RE REQUIRED TO HAVE 13 PARKING SPACES.

AT&T WIRELESS IS RETAIL SALES.

THEY ARE ONE SPACE PER EVERY 300 SQUARE FEET, WHICH THEY'RE REQUIRING NINE PARKING SPACES.

IN TOTAL, THEY'RE GOING TO HAVE TO PROVIDE 44 PARKING SPACES, AND THE TOTAL WILL BE 45 ON THE PARCEL ITSELF.

AS YOU CAN SEE ON THE SLIDE SHOWN IN FRONT OF YOU, POINTS OF INGRESS AND EGRESS.

YOU WILL HAVE ONE POINT OF INGRESS AND EGRESS FROM WEST PROSPECT ROAD, AND YOU WILL HAVE FOUR POINTS OF INGRESS AND EGRESS FROM WEST COMMERCIAL BOULEVARD.

YOU ALSO HAVE THE RESIDENTIAL AREA ON A 25TH TERRACE JUST LOCATED TO THE WEST.

THEY HAVE A POINT OF INGRESS AND EGRESS AS WELL.

THIS IS A PHOTO OF THE FRONT OF THE 2400 BUILDING.

IT'S SHOWING THE NORTH ELEVATION ON THE LEFT, AND ON THE RIGHT SIDE IS THE LEFT SIDE OF THE BUILDING, WHICH WOULD BE THE WEST ELEVATION, PROVIDING THE ONE-WAY DRIVE-THROUGH AREA WHERE IT BEGINS.

THE PHOTO TO THE LEFT IS THE BACK OF THE BUILDING, WHICH IS THE SOUTH ELEVATION BORDERING THE CHURCH AND THE ACADEMY, AND THE RIGHT SIDE OF THE PHOTO IS THE EAST ELEVATION SHOWING WHERE THE PROPOSED DRIVE-THROUGH AREA WILL BE.

THESE THREE PHOTOS SHOWN IN FRONT OF YOU ARE THE ENTRANCE TO THE PROPOSED DRAFT, WHICH IS LOCATED ON THE WEST ELEVATION.

THE MIDDLE PHOTO IS THE BEGINNING OF THE DRIVE-THROUGH QUEUE, AND THEN ON THE RIGHT IS THE DRIVE-THROUGH QUEUE, WHERE THE MENU BOARD WILL BE PLACED, WHICH WRAPS AROUND TO THE EAST ELEVATION.

THIS IS SHOWN THE SAVVY SLIDERS, WHERE THE DRIVE-THROUGH POINT, IT WILL BE TURNED INTO A ONE-WAY.

IT HAS GONE THROUGH TRAFFIC ANALYSIS.

WE'LL GET TO THAT LATER BUT THE PHOTO ON THE LEFT SHOWS THE PICKUP WINDOW, AND THEN ON THE PHOTO ON THE RIGHT IS THE PARKING AREA AND WHERE THE EXITING FROM THE PROPOSED DRAFT THROUGH TO GET BACK ONTO COMMERCIAL BOULEVARD.

THE PHOTO TO THE LEFT SHOWS A VIEW FROM WESTBOUND COMMERCIAL BOULEVARD.

AS YOU CAN SEE, IT'S ALWAYS HEAVY TRAFFIC, IT'S A CONGESTED AREA, AND THE PHOTO TO THE RIGHT IS A VIEW FROM THE EXON LOCATED ON THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND PROSPECT ROAD.

THE ACTIVE PROJECTS DEPARTMENTS ON SITE, WHICH MICHAEL STATED, CURRENTLY, THEY'RE GOING THROUGH A MINOR SITE PLAN REVIEW TO DO THE UPGRADES TO THE ADA, THE LANDSCAPING, UPGRADE THE PARKING LOT, AND EXTERIOR FACADE WORK, AND ALSO THE DRIVE-THROUGH.

MINOR SITE PLAN 9-SP-22, RIGHT NOW, THEY HAVE MINIMAL COMMENTS THEY NEED TO ADDRESS, BUT THEY ARE ACTIVELY WORKING ON IT.

THEY ALSO HAD A DEMO PERMIT WHICH WAS APPROVED.

THEY HAVE THE NORTH ELEVATION FACADE SIGN.

THE PERMIT HAS BEEN SUBMITTED, IT HASN'T BEEN REVIEWED YET, BUT IT LOOKS TO CODE STANDARDS.

INTERIOR RENOVATION AND SAFETY.

THEY GOT APPROVED BY THE BUILDING APARTMENT, AND THEY HAVE AN EARLY START PERMIT GOING ON AS WE SPEAK.

THE SEALCOAT AND RESTRIPE, THE PERMIT WAS SUBMITTED, AND THIS IS PER THE APPROVAL OF THE SPECIAL EXCEPTION, AND THE MINOR SITE PLAN REVIEW.

THEY ALL GO TOGETHER HAND-IN-HAND.

THIS IS A PHOTO OF THE MINOR SITE PLAN AND IT'S SHOWING ALL THE WORK THEY'RE GOING TO BE DOING.

THIS IS SHOWN ON THE NORTH SIDE.

THEY'RE UPGRADING THE STOP BARS, LEADING ON TO COMMERCIAL.

THEY HAVE ALSO ADDED OUR PEDESTRIAN ACCESS LANES, ADDED THE HANDICAP PARKING SPACES LOCATED TO THE WEST,

[01:00:04]

GOING TO THE DRIVE-THROUGH AREA.

ON THE NEXT PHOTO, I'LL SHOW YOU WHERE THE DRIVE-THROUGH AREA WILL BE PLACED.

IF WE LOOK INTO THE EAST, THEY'RE DELETING ONE PARKING SPACE FROM THE NORTHEAST CORNER, AND THEY'RE ALSO RELOCATING ONE HANDICAP AREA TO THE WEST SIDE, WHICH IS SHOWN IN FRONT OF YOU.

THEY HAVE ADA PARKING ACCESS ONCE AGAIN, AND THEN THE PROPOSED PICK-UP WINDOW, THEY'RE SHIFTING IT FROM THE BACK LOCATION MORE TO THE FRONT, TO BE MORE ACCOMMODATING.

THIS IS THE BOTTOM HALF SHOWING THE SOUTH SIDE.

YOU CAN SEE ON THE SOUTH ELEVATION THAT THE DRIVE-THROUGH WILL BE PLACED IN THAT AREA.

THEY'RE ACTUALLY DELETING EIGHT PARKING SPACES FROM THIS AREA.

THEY ARE DELETING THE EIGHT PARKING SPACES FROM THIS AREA TO PROVIDE THE DRIVE-THROUGH AREA.

YOU HAVE THE STOP BAR.

THEY'RE PROPOSING A SPEED BUMP TO GO IN THE SOUTH AREA BUFFERING THE DRIVE-THROUGH, AND THEN YOU ALSO HAVE UPGRADES TO THE INGRESS AND EGRESS COMING FROM PROSPECT ROAD.

VARIANCE REQUEST 15 B GENERAL SIGN REQUIREMENTS, SECTION 10-4.10, SUBSECTION D3, F(III), WHICH I STATED EARLIER, THIS IS TO ALLOW FOR ONE ADDITIONAL SIGN ALONG EAST ELEVATION FACING PROSPECT ROAD, AND THIS IS THE SAME EXACT SIGN THAT'S PROPOSED TO ALREADY SUBMITTED PERMIT FOR THE NORTH ELEVATION SIGN, BP22-2196.

THE VARIOUS QUESTION NUMBER 2, EXCUSE ME. LET ME GO BACK TO THAT.

YES. THEY HAVE TWO LINES OF COPY THEY'RE SHOWING THE LOGO, THEY'RE SHOWING THE NAME OF THE BUSINESS AND ALSO FAMOUS CHICKEN FINGERS.

EVERYTHING IS COMPLIANT FOR CODE, AND NOW VARIANCE REQUESTS 16-B-22 VEHICULAR USE AREA LANDSCAPE.

MICHAEL HAS ALREADY POINTED OUT THE REQUEST, SO THERE'S NO NEED TO GO OVER THAT AGAIN.

THEY'RE LOOKING TO COMPLY MORE WITH THE CODE PART OF THE REQUEST AND THIS IS A PART OF THE MINERS SITE PLAN REVIEW 9-SP-22 AND ALSO SIMULTANEOUSLY IN BP22-4753, WHICH IS FOR THE SILICONE AND RESTRAINT PERMIT, THAT'S WITH THE BUILDING DEPARTMENT.

LAND DEVELOPMENT CODE AND DEFINITION AND USE STANDARDS.

THIS IS A BREAKDOWN OF OUR LAND DEVELOPMENT CODE, WHERE IT'S STATING THE DEFINITION OF A RESTAURANT, FAST FOOD.

I WON'T GO THROUGH THAT.

THEY ALSO HAVE USED STANDARDS THEY HAVE TO ABIDE BY, WHICH IS SECTION 10-3.3 SUBSECTION D14 A, FOR A DRIVE-THROUGH.

A DRIVE-THROUGH FACILITY SHALL ONLY BE ALLOWED AS AN ACCESSORY USED TO A RESTAURANT, AND COMPLIANCE WITH STANDARDS IN FLORIDA STATUTE.

THIS IS THE LAND DEVELOPMENT CODE 10-3.4 SUB-SECTION B ACCESSIBLE, USES INSTRUCTIONS ALLOWED, AND SECTION 10-3.4 SUB-SECTION B 1,2 ACCESSORY USES THE STRUCTURES ALLOW.

PART OF THE TABLE OF 10-3.1 ALLOWED USES LISTS ALLOW ACCESSORY USES AND STRUCTURES ALPHABETICALLY.

ACCESSORY USES NOT LISTED IN THE TABLE REQUIRE APPROVAL UNDER THE PROCEDURE OF 10-3.2 SUBSECTION E, CLASSIFICATION OF NEW AND UNLISTED USES.

NUMBER 2, ALL PRINCIPAL USES ALLOWED IN A ZONING DISTRICT SHALL BE DEEMED TO INCLUDE THOSE ACCESSORY USAGE STRUCTURES AND ACTIVITY TYPICALLY ASSOCIATED WITH THE USE AS DESCRIBED IN 10-6.2 USE CATEGORIES WHICH IS LISTED ABOVE.

THIS IS SECTION 10-5.4 G. FOR SPECIAL EXCEPTION, TABLE OF LAW USES IDENTIFIES AT A RESTAURANT WITH DRIVE-THROUGH WAS ALLOWED AS SPECIAL EXCEPTION IN THE MU-C MIXED-USE CORE DOORS ZONING DISTRICT.

THE PURPOSE OF SPECIAL EXCEPTION IS TO PROVIDE FOR INDIVIDUALIZED REVIEW OF CERTAIN USES THAT DUE TO THE NATURE IN RELATIONSHIP TO THE COMPREHENSIVE PLAN AND POTENTIAL ADVERSE IMPACTS ON SURROUNDING AREA REQUIRES SPECIAL CONSIDERATION OF THEIR 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.

THIS IS 10 REVIEW STANDARDS THAT THEY HAVE TO COMPLY WITH FOR A SPECIAL EXCEPTION LOCATES IN SECTION 10-5.4 G SUBSECTION G 4, AND IT IS THE OPINION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT THAT THE STANDARDS FOR A SPECIAL EXCEPTION HAS BEEN SATISFIED.

THIS IS SECTION 10-5.4 Q FOR VARIANCE, AND THIS IS THE PURPOSE.

THE PURPOSE OF A VARIANCE IS TO ALLOW

[01:05:01]

CERTAIN DEVIATIONS FROM THE STANDARDS OF THIS CODE WHEN THE LANDOWNER DEMONSTRATES THAT ALL INTO THE SPECIAL CIRCUMSTANCES OR CONDITIONS BEYOND THE LANDOWNERS CONTROL, THE LITERAL APPLICATION OF THE STANDARDS WOULD RESULT IN UNDO AND UNIQUE HARDSHIP TO THE LANDOWNER AND THE DEVIATION WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST.

SHOWN IN FRONT OF YOU ARE THE EIGHT STANDARDS FOR GENERAL REVIEW STANDARDS FOR VARIANCE APPROVAL.

IT IS THE OPINION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT THAT THE STANDARDS FOR THE VARIANTS HAVE BEEN SATISFIED.

THIS IS THE CITY'S 2040, EXCUSE ME, THE STRATEGIC GOALS FOR THE CITY, AND THIS SPECIAL EXCEPTION 4-Z-22, THIS ADDITIVE SUPPORTS GOAL NUMBER THREE OF THE CITY STRATEGIC PLAN, WHICH STATES TAMARAC IS ECONOMICALLY RESILIENT.

THE APPLICANT PROPOSES TO PROVIDE A PEDESTRIAN ACCESS IMPROVEMENTS, LANDSCAPE IMPROVEMENTS, INTERIOR AND EXTERIOR RENOVATIONS, RELATED INFRASTRUCTURE TO OCCUPY AN OTHERWISE VACANT PARCEL, TO ESTABLISH THE OPERATION OF A NEW FAST-PACED RESTAURANT, FAST FOOD WITH A DRIVE-THROUGH.

[NOISE] THIS FURTHERS THE CITY'S ECONOMIC DEVELOPMENT INITIATIVES AS IT WILL BRING ABOUT AN OPPORTUNITY TO ENHANCE AN EXISTING PLAZA THAT IS LOCATED ON A MAJOR CORRIDOR, COMMERCIAL BOULEVARD, THAT GARNERS MAJOR TRAFFIC TO AND FROM THE CITY OF TAMARAC.

THE TO VARIOUS REQUESTS, 15-B-22 AND 16-B-22.

THOSE ITEMS SUPPORTS GOAL NUMBER 4 OF THE CITY STRATEGIC PLAN, WHICH STATES TAMARAC IS VIBRANT.

THE APPROVAL OF THE VARIANCES WILL ALLOW FOR THE ADDITION OF A NEW FACADE SIGN WHERE THERE'S A NEED FOR ONE FOR INCOMING CITY TRAFFIC AND TO RELIEVE THE VEHICULAR USE LANDSCAPING IN ORDER TO PROVIDE FOR A BRAND NEW HEAVILY USED DRIVE-THROUGH AND A RESTRUCTURED PARKING LOT.

THESE VARIANCE REQUESTS WILL HELP THE SUBJECT PROPERTY PROVIDED OPPORTUNITY TO REVITALIZE THE APPEARANCE, IMAGE, AND ATTRACTIVENESS ON ONE OF THE CITY'S MAIN THOROUGHFARES, COMMERCIAL BOULEVARD.

THIS FURTHERS THE CITY'S ECONOMIC DEVELOPMENT INITIATIVES AS IT WILL BRING ABOUT AN OPPORTUNITY TO ENHANCE AN EXISTING PLAZA THAT IS LOCATED ON THE MAJOR CORRIDOR COMMERCIAL BOULEVARD THAT GARNERS MAJOR TRAFFIC TO AND FROM THE CITY OF TAMARAC.

SHOWN ON THE SLIDE IN FRONT OF YOU IS THE COMPREHENSIVE PLAN 2019, AND THEY ARE CONSISTENT, AS MICHAEL STATED EARLIER, THE FUTURE LAND USE ELEMENTS, OBJECTIVE NUMBER 5, OBJECTIVE NUMBER 7, AND OBJECTIVE NUMBER 10.

THEY ARE ALL PROVIDED WITHIN THE APPLICANTS JUSTIFICATION STATEMENT. ITEM 9A.

THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION OF APPROVAL OF THE SPECIAL EXCEPTION TO ALLOW FOR THE USE OF A RENOVATED ONE STORY, 2,149 SQUARE FOOT RESTAURANT, FAST FOOD, WITH THE ADDITION OF A DRIVE-THROUGH LANE AND RELATED INFRASTRUCTURE WITHIN AN EXISTING PLAZA IN THE MU-C ZONING DISTRICT TO THE CITY COMMISSION AT HIS JANUARY 11, 2023 MEETING WITH THE FOLLOWING CONDITIONS OF APPROVAL.

CONDITION NUMBER 1, THE APPROVAL OF THE INTERDEPARTMENTAL REVIEW OF THE SITE PLAN MINOR, CASE NUMBER 9-SP-22, TO ALLOW FOR THE MODIFICATION AND EXIST OF AN EXISTING PARKING LOT, UPGRADED LANDSCAPE AND EXTERIOR FACADE UPGRADES.

CONDITION NUMBER 2, APPROVAL AT THE CITY COMMISSION HEARING FOR THE VARIANCE, CASE NUMBER 16-B-22, REQUESTING THE RELIEF FROM THE REQUIREMENT OF PROVIDING AT LEAST A WIDTH OF 15 FEET OF LANDSCAPING MEASURE FROM THE PROPERTY LINE TO THE CLOSEST PARKING STALL AND A WIDTH OF 25 FEET MEASURED FROM THE PROPERTY LINE TO THE PARALLEL INTERIOR DRIVE AISLE, EXCLUDING EGRESS AND INGRESS DRIVES, PURSUANT TO SECTION 10 - 4.4 SUB-SECTION D 5 A 2 OF THE CITY OF TAMARAC CODE OF ORDINANCES.

ITEMS 9B AND 9C. THE RECOMMENDATION.

THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION FOR THE PROPOSED TO VARIOUS REQUESTS FROM THE REQUIREMENTS OF A SPECIFIC CODE SECTIONS IN SECTION 10-4.4 AND SECTION 10-4.10 OF THE CITY'S CODE OF ORDINANCES TO THE CITY COMMISSION AT HIS JANUARY 11, 2023 MEETING WITH THE FOLLOWING CONDITIONS OF APPROVAL.

CONDITION NUMBER 1, THE APPROVAL OF THE INTERDEPARTMENTAL REVIEW OF THIS SITE PLAN MINOR CASE NUMBER 9-SP-22, TO ALLOW FOR THE MODIFICATION OF AN EXISTING PARKING LOT, UPGRADED LANDSCAPING, AND EXTERIOR FACADE UPGRADES, AND CONDITION NUMBER 2, THE APPLICANT SHALL OBTAIN THE REQUIRED PERMITS FROM THE CITIES' BUILDING DEPARTMENT PRIOR TO THE INSTALLATION OF ANY SIGN.

THAT CONCLUDES STAFF'S PRESENTATION.

ANY QUESTIONS FROM THE PLANNING BOARD?

[01:10:02]

>> ANY QUESTIONS FOR STAFF?

>> I JUST HAVE ONE QUESTION.

HOW DOES THIS NEW FLOW OF TRAFFIC AFFECT THE EXISTING TENANTS? WAS THIS DISCUSSED WITH THEM?

>> NO, NOT NECESSARILY.

THE PLAZA HAS ALREADY HAD PLENTY OF TRAFFIC COMING FROM MOST SOUTHWEST GRILL THAT WAS PREVIOUSLY THERE.

I WOULD SAY APPROXIMATELY SOMEWHERE BETWEEN 15 YEARS, I'LL BELIEVE.

>> IT WAS MOST OF THE MAIN ACTIVE TENANTS IN THAT BUILDING?

>> THAT'S CORRECT YES.

>> I'M ASKING BECAUSE YOU'RE CHANGING THE FLOW LIKE ONE WAY OR THE WAY ROUND.

>> CORRECT. BUT THEY ALSO HAVE THE TRAFFIC ANALYSIS CONDUCTED BY OUR CONSULTANT, TRAFFIC TECH, AND THEY HAVE COMPLIED WITH MOST OF THE STANDARDS.

THERE WAS JUST TWO COMMENTS THAT THEY NEEDED TO ADDRESS.

ONE OF THEM FROM WHAT I RECALL WAS THE SPEED BUMP AREA THAT JUST HAS TO GET RECTIFIED.

BUT OUTSIDE OF THAT, THEY COMPLY WITH MOST OF THE CITY STANDARDS AND THE CONSULTANT STANDARDS.

>> FAIR ENOUGH.

>> THERE WAS A REFERENCE MADE FROM THE APPLICANT ABOUT A WINDOW IN THE BACK THAT WAS THE PRIOR TENANT'S.

WAS IT USED FOR ANYTHING?

>> IF YOU LOOK AT THE PHOTO TO THE RIGHT, THE BOARDED UP WINDOWS ARE PROPOSING AND THEN THERE'S A SOLID OFF GRAY IN THE REAR.

I CANNOT RECALL WHEN THAT WAS NOT BEING USED BUT I HAVEN'T TO MY KNOWLEDGE, MOST HASN'T USED IT WITHIN THE PAST THREE YEARS.

>> ON THE PICTURE TO THE LEFT HERE, THOSE VEHICLES THAT ARE PARKED THERE, THEY WON'T BE ALLOWED AFTER THIS IS DONE, THIS ISN'T WHERE THE DRIVE-THROUGH IS GOING?

>> THAT'S CORRECT THE DELETION OF EIGHT PARKING SPACES.

>> ARE THOSE VEHICLES FOR THAT BAY OR WERE THEY FOR THE ADJACENT TENANT?

>> I BELIEVE THEY'RE SPECIFICALLY DOING, CURRENTLY THEY HAVE A EARLY START PERMIT.

>> [OVERLAPPING] THEY'RE WORKING ON IT. GOT IT.

SEE, I DID HAVE A QUESTION.

I THINK I HEARD THIS. THE PRIOR TENANT MOE'S SOUTHWEST GRILL HAD A SECOND SIGN?

>> YES, THEY DID.

>> DID THEY GET A VARIANCE FOR THAT?

>> I DO NOT BELIEVE SO.

OUR CODE UPDATED IN 2018 FOR THE PURPOSE OF THIS.

>> IS THAT TYPE OF VARIANTS, SOMETHING THAT THE CITY IS SEEING IN OTHER AREAS WHERE YOU HAVE DOUBLE FRONTAGE THERE AND TENANTS ARE LOOKING FOR THAT SECOND SIGN?

>> YES, WE DO HAVE A FEW THAT I'VE COME ACROSS.

THIS WILL BE ONE OF THE THINGS THAT WE'RE GOING TO BE DISCUSSING SOON TO UPDATE CODE WITH.

NOT TO ADD ON BUT LOOKING AT THE AREA OF THE JIMMY JOHNS IS LOCATED ON THE RIGHT-HAND SIDE, COMING OFF OF NORTHWEST 25TH TERRACE.

THEY HAVE A NORTH-FACING SIGN WHICH IS PERMITTED, THEN THEY SHOULD ALSO BE ALLOWED THE EASTERN FACADE SIGN, BUT YOU HAVE TO ALLOW OTHER TENANTS TO HAVE THE OPPORTUNITY.

>> ESPECIALLY WE HAVE TO ARTERIAL ROADS HERE YOU GET COMMERCIAL AND PROSPECT, 25TH IS MORE OF A LOCAL ROAD, BUT IS SOMETHING THAT MIGHT MAKE SENSE IN CERTAIN SITUATIONS.

THE LANDSCAPE VARIANCE, I WASN'T 100 PERCENT CLEAR ON THAT.

I HEARD THAT IT'S A RESULT OF THEM REARRANGING THE PARKING IN THAT LOCATION.

DID I HEAR THAT RIGHT?

>> YES. IF YOU LOOK TO THE RIGHT, CURRENTLY RIGHT NOW, THEY HAVE TWO-WAY ACCESS.

COMING OFF WITH PROSPECT, IF YOU MAKE A RIGHT, YOU'RE ABLE TO GO UP AND YOU'RE ALSO COMING FROM THE NORTH SIDE, YOU'RE ABLE TO COME DOWN.

OF COURSE, THEY'RE BLOCKING OFF THE DRIVE-THROUGH AREA, WHICH WILL CREATE A WHOLE ONE-WAY.

WITH THAT, THEY'RE LOOKING TO COMPLY WITH OUR STANDARDS, OUR STANDARD 9 BY 18 PARKING STALLS.

IF YOU LOOK TO THE PHOTO TO THE RIGHT WHERE YOU HAVE THE BUSHES, YOU CAN SEE THAT THE WHEEL STOPS.

I WISH I TOOK A BETTER PHOTO, BUT YOU CAN SEE THE WHEEL STOPS COMING RIGHT ON THE EDGE OF THE PARKING STALLS IN WHICH WE DO REQUIRE A TWO-FOOT BUFFER OR OVERHANG.

[01:15:05]

BUT, I WISH I HAD A BETTER PHOTO FOR YOU.

>> MAYBE THE SITE PLAN SHOWS IT.

>> IT DOESN'T SHOW THE DIMENSION ON HERE, BUT YOU CAN SEE HOW CLOSE THEY ARE, THE ACTUAL PARKING SPACE ITSELF TO THE SIDEWALK.

>> THE MODIFICATION THEY'RE MAKING, YEAH, THIS WAS A GOOD GRAPHIC, THE REASON FOR THIS IS BECAUSE THEY'RE EXTENDING THAT PARKING SPACE DEEPER? IS THAT WHAT THEY'RE DOING? NOW WE'RE IN THE LANDSCAPE AREAS REQUIRING A VARIANCE.

>> IT'S SOMETHING THAT THEY NOTED OR I COULD HAVE THE APPLICANT SPEAK TO THAT.

BUT, THEY'RE PROPOSING THE 0.84.

THERE IS AN EXISTING 1.97 OF LANDSCAPE AREA IN THE AREA AND THE REQUEST IS TO REDUCE IT TO 0.84.

>>> I WAS TRYING TO FIGURE OUT WHAT WAS CAUSING THAT BECAUSE IT'S AN EXISTING CONDITION AND IT'S ALREADY NON-CONFORMING.

I JUST COULDN'T TELL BY LOOKING AT WHAT IT WAS THAT THEY WERE DOING IN THAT AREA THAT WOULD CAUSE THEM TO HAVE TO GET A VARIANCE FOR SOMETHING THAT'S ALREADY NON-CONFORMING.

>> YOU ARE CORRECT. YOU HAVE THE EDGE OF THE PARKING STALL ALREADY CLOSE TO THE ACTIVE SIDEWALK.

>> THE OTHER QUESTION I HAD ABOUT THAT PARTICULAR LANDSCAPE STANDARD IS I WAS TRYING TO FIGURE OUT HOW IT ACTUALLY WORKS.

IN THIS EXAMPLE, FROM THE PROPERTY LINE TO THE NEAREST PARKING SPACE, THE REQUIREMENT IS 15 FEET OF LANDSCAPE AREA.

THEN IN ADDITION TO THAT, IF THERE IS A DRIVE AISLE PARALLEL TO THAT LOCATION, YOU'RE SUPPOSED TO HAVE 25 FEET OF LANDSCAPING TO THE DRIVER AISLE.

HOW CAN YOU ACCOMPLISH THAT 25 FEET WHEN YOU HAVE TO HAVE 15 FEET TO THE PARKING SPOT? UNLESS, I'M NOT READING IT CORRECTLY.

>> YOU'RE READING IT ACCURATELY, IT'S AN EXISTING PLAZA.

THERE IS NO OTHER OPTIONS OR WAY FOR THE PARKING STALLS TO BE RESTRUCTURED IN ORDER TO MEET THAT [OVERLAPPING].

>> I WAS JUST TRYING TO IMAGINE A CONDITION AND THEN APPLY IT TO THIS JUST AS AN EXAMPLE, HOW YOU COULD ACCOMPLISH 15 FEET TO A PARKING SPACE AND THEN ADD ANOTHER 10 FEET OF LANDSCAPING.

YOU WOULDN'T HAVE CONTINUOUS LANDSCAPING.

IT'D BE A BREAK THERE BECAUSE OF THE PARKING SPACE.

IT JUST LOOKS LIKE A STANDARD THAT DOESN'T MAKE SENSE.

JUST AN OBSERVATION.

UNLESS I'M MISREADING IT.

THEY'RE MAKING A MODIFICATION OF SOME SORT THERE THAT'S TRIGGERING THE NEED FOR THE VARIANCE.

THAT WAS IT FOR ME.

ANY QUESTIONS FROM ANYBODY ELSE?

>> WHEN THIS WAS CONSTRUCTED, WAS THERE ALSO A VARIANCE FOR THE PARKING SPACES, WHEN THE PLAZA WAS CONSTRUCTED OR IS IT THAT THE CODE CHANGED SINCE THEN? WHAT HAPPENED?

>> I BELIEVE I DON'T HAVE THE RECOGNIZANCE TO GIVE YOU AN ANSWER.

FOR THE ACTUAL SITE PLAN APPROVAL, YOU MEAN WHEN IT WAS APPROVED BACK IN 2000?

>> YEAH, BECAUSE YOU POINTED OUT IT WAS ALREADY NON-CONFORMING AND WE'RE TRYING TO MAKE IT BETTER I UNDERSTAND AND TRYING TO FACILITATE THE NEW DEVELOPMENT.

BECAUSE NORMALLY WHEN YOU DO SUCH A LARGE IMPROVEMENT, YOU TRY TO BRING EVERYTHING UP TO CODE.

>> YES. THERE WAS A DIFFERENT CODE STANDARD FROM THAT CODE TO THE 2018 UPDATE.

THIS IS FOR ALL OF OUR NEW DEVELOPMENTS, BEEN OUR NEW SITE PLANS OR WHATNOT.

WE HAVE TO APPLY TO A CERTAIN PROJECTS, AND THIS IS ALREADY AN EXISTING PLAZA, SO WE CAN'T MAKE TOO MANY NON-CONFORMITIES.

>> TO THE RIGHT. OKAY.

>> ANY OTHER QUESTIONS FROM THE BOARD?

>> WILL THERE BE ENOUGH PARKING SPACES FOR ALL THE BUSINESSES THAT ARE GOING TO BE ACTIVE IN THERE? I KNOW IT MEETS YOUR SPECIFICATION, BUT CAN IT GET REALLY CLOSE?

>> LIKE I STATED EARLIER, THERE ARE SIX SEPARATE PARCELS ON THIS ENTIRE PLAZA. THERE WE GO.

IF YOU LOOK, IT'S HARD TO SEE, BUT WHERE THE RED SQUARE IS ON THE SCREEN, THE RED SQUARE IS THE AUTO PLUS SOUNDS.

YOU HAVE AUTO SOUNDS PLUS AND PATRIOT AUTO CARE.

[01:20:04]

THEY'RE ALREADY DESIGNATED.

I WANT TO SAY ABOUT 40 SPACES WITHIN THEIR PARCEL.

THE JIMMY JOHNS AND THE SMOKE SHOP, THEY ARE TO MEET THEIR REQUIREMENTS FOR THEIR PARKING SPACES AS WELL.

THIS PARCEL IS SPLIT UP INTO FOUR, AS YOU CAN SEE, THE SOUTHWEST CORNER, SOUTHEAST CORNER, NORTHEAST CORNER, AND NORTHWEST CORNER.

THEY MEET THE REQUIREMENTS FOR THE BUSINESSES.

AT&T, THEY'RE NOT GENERATING AS MANY PARKING REQUIREMENTS.

THERE ARE ONLY TO PROVIDE NINE AS THEY'RE JUST RETAIL SALES.

DOMINO'S IS QUICK IN AND OUT.

THERE IS NO DINING.

SAVVY SLIDERS, THEY HAVE SOME DINING, BUT I BELIEVE THE MAIN FOCUS IS DRIVE-THROUGH.

THEY'RE REQUIRED TO PROVIDE 22 PARKING SPACES.

THEY'RE PROPOSING FROM 55-45, BUT IT'S ALLOCATED PER THE SECTIONS OR PART OF THE TENANTS.

>> CAN YOU PUT UP THE SITE PLAN FOR A MINUTE?

>> I HAVE A TOP HALF AND A BOTTOM HALF. THIS IS THE TOP.

>> OR YOU DON'T HAVE ONE THAT SHOWS THE BACK TOO?

>> YEAH, THAT'S WHAT I WAS LOOKING AT.

I'M SEEING THE MENU BOARD WILL BE IN THE BACK.

>> CORRECT, IF YOU ARE LOOKING AT THE SIDE [OVERLAPPING].

>> I SEE IT NOW.

>> OKAY.

>> YOU'LL COME IN, WHICH IS EXISTING OFFER PROSPECT OR YOU CAN COME IN OFF A PROSPECT.

>> I'LL COME ON PROSPECT, YES.

>> YOU WILL NEED TO GO NORTH AND AROUND THE FRONT OF THE SITE, COME AROUND THE CLOCK COUNTERCLOCKWISE, AND THEN ENTER THERE.

IS THERE ANYTHING THAT PREVENT ANYBODY FROM JUMPING THE LINE BY CLICKING ON PROSPECT ROAD, AND JUMPING AND WHERE THEY WOULDN'T BE ABLE TO GET TO THE MENU BOARD DOWN?

>> I'M SHOWING THE F.TYPE D CURB [OVERLAPPING].

>> YEAH. THAT'S A SEPARATE SET.

I SEE THAT NOW. YEAH. GOT IT.

>> WHILE WE'RE ON THIS WHERE WAS THE EXISTING DRIVE-THROUGH WINDOW?

>> THE DRIVE-THROUGH WINDOW RIGHT WHERE YOU SEE THE TIN, AND THAT AREA, RIGHT.

>> YOU JUST MOVE IN FROM THE NORTH?

>> THAT'S CORRECT. PERFECT.

>> WE PROVIDE FOR A BETTER CUBE, OF COURSE.

>> I UNDERSTAND.

>> ANY OTHER QUESTIONS FOR STAFF OR THE APPLICANT FROM THE BOARD? IF NOT, WE CAN MOVE TO THE FIRST ITEM.

ITEM 9A, WHICH IS THE SPECIAL EXCEPTION APPLICATION.

BEFORE WE MAKE ANY MOTION, I HAVE A QUESTION.

SHOULD THIS THEM ALSO BE SUBJECT TO APPROVAL OF THE OTHER VARIANTS FOR THE SIGNAGE?

>> NO, SIR. THIS 16 B22, WHICH WILL BE THE LANDSCAPE REQUIREMENTS.

>> IT'S [OVERLAPPING]

>> IT'S A SEPARATE.

>> THIS ISN'T DEPENDENT ON THE SIGNAGE. I GOT YOU.

THE ITEM BEFORE US THEN IS ITEM 9A AS YOU SEE ON YOUR SCREEN, RECOMMENDATION FROM THE DIRECTOR OF THE DEPARTMENT WITH THE CONDITIONS AS YOU SEE, CONDITION 1 AND CONDITION 2.

IS THERE A MOTION.

>> MOTION TO APPROVE WHAT THE CITY'S RECOMMENDATION.

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

>> RICHARD HUGHES?

>> YES.

>> SIR JEAN BELL CLARK?

>> YES.

>> DAVID LEVINE?

>> YES.

>> ERIC NAGI?

>> YES.

>> VIOLA WATSON?

>> YES.

>> MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION PASS 5-0 WITH CONDITIONS AS OUTLINED BY STAFF.

>> WE HAVE ITEMS 9B, AND 9C.

[Items 9.b & 9.c]

THESE ARE THE TWO VARIANCES, ONE FOR SIGNAGE AND ONE FOR LANDSCAPE AREA.

ON THE SCREEN YOU SEE RECOMMENDATION AND DIRECTOR OF THE DEPARTMENT FOR FAVORABLE RECOMMENDATION FOR THE TWO VARIANCES WITH THE FOLLOWING CONDITIONS FOR ITEMS 1,

[01:25:06]

WHICH IS THE APPROVAL OF THE SITE PLAN, MINOR, AND THE REQUIRED PERMITS FROM THE CITIES BUILDING DEPARTMENT PRIOR TO INSTALLING ANY SIGN.

DO WE HAVE A MOTION ON THIS ITEM.

I'LL MAKE THE MOTION AS PRESENTED BY STAFF.

>> SECOND.

>> RICHARD HUGHES?

>> YES.

>> SIR JEAN BELL CLARK?

>> YES.

>> DAVID LEVINE?

>> YES.

>> ERIC NAGI?

>> YES.

>> VIOLA WATSON?

>> YES.

>> MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION WITH CONDITIONS AS OUTLINED BY STAFF PASSED 5-0.

>> THANKS. WELCOME TO THE CITY.

>> THANK YOU.

>> WE ARE ON ITEM 9D NOW,

[9.d TBO 62 - Board Order approving/denying Special Exception application for D>owing and Recovery, LLC located at 2760 NW 55 Court, Tamarac, Florida 33309, toallow for a proposed Auto Towing use in an I-2 (Industrial) zoning district, pursuant tothe Tamarac Code of Ordinances.]

WHICH IS BOARD ORDER APPROVING, OR DENYING SPECIAL EXCEPTION APPLICATION FOR D & G TOWING AND RECOVERY, LLC LOCATED AT 2716 NORTHWEST 55, THE COURT TAMARAC, FLORIDA 33309, TO ALLOW FOR PROPOSED AUTO TOWING USE IN AN I2 INDUSTRIAL ZONING DISTRICT PURSUANT TO THE TAMARAC CODE OF ORDINANCES.

SARAH, PRESENTATION BY THE APPLICANT.

>> GOOD MORNING.

>> MORNING.

>> I'M HERE TO [OVERLAPPING]

>> CAN YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

>> MORNING, DAVEY SOVERA, 2716 NORTHWEST 55TH COURT, FORT LAUDERDALE, FLORIDA 33309.

>> THANK YOU.

>> I HOPE TO APPLY FOR THE SPECIALTY ACCEPTANCE ON THIS PROPERTY.

WE'RE NOW AFTER PHOTOS OF BASICALLY WHAT THE PROPERTY LOOK LIKE BEFORE WE APPLIED FOR THE [BACKGROUND] FACILITY, TO UPDATE THE FACILITY PREVIOUSLY BEFORE WE TOOK POSSESSION OF THE PROPERTY, THE PREVIOUS TENANT BEFORE WAS TOILET TOXIC.

WE DID GO AHEAD AND APPLY FOR SPECIALTY EXCEPTIONS THROUGH THE CITY.

IT'S JUST A FEW THINGS THAT WE WE JUST WANTED TO UPLOAD.

THIS IS BASICALLY THE PROJECT SITE OF WHAT THE PROPERTY LOOKS LIKE.

WHAT WE BORDER FROM THE INSIDE TO THE STRUCTURE, FROM THE BUILDING TO THE PARKING LOT SPACES.

A LITTLE BIT FROM THE PROJECT SITE.

PROPERTY WAS BUILT IN 1980.

IT'S ABOUT AN ACRE AND A HALF, LOT 36 LITTLE FARMS, 27-29.

THE PROPERTY BASICALLY CONSISTS OF A COVERED WORK AREA, FRONT OFFICE SPACE OF ABOUT 1,500 SQUARE FEET.

REAR STORAGE AREA.

IT'S ALSO GATED WITH A PRIVACY SCREEN, ZONE IN A HEAVY INDUSTRIAL.

OUR NEIGHBORS TO US IS STAR SEAL ASPHALT COMPANY, POWER PRODUCTION ELECTRICITY, SRS, STRUCTURAL ROOFING, AND C AND C CUSTOM FABRICATORS.

AS THE PROPERTY OF D & G TOWING, I AM REQUESTING A SPECIAL EXCEPTION TO ALLOW AN EXISTING VEHICLES STORAGE, BUSINESS, AND A HEAVY INDUSTRIAL ZONING DISTRICT.

THE USE IS CONSISTENT WITH THE COMPREHENSIVE PLAN.

THE USE OF TOWING AN OUTDOOR PRIVATE USE VEHICLES STORAGE BUSINESS IS PERMITTED AS SPECIALTY ACCEPTANCE WITHIN SECTION 10-3.4 WITHIN THE I2 ZONING DISTRICT.

THIS USE WILL ALSO BE CONSISTENT WITH THE PURPOSE OF INTENT OF I2 ZONE DISTRICT, WHICH IS INTENDED TO ENCOURAGE DEVELOPMENT INCLUDING OUTDOOR STORAGE AND OPERATIONS.

WE WOULD AVOID SIGNIFICANTLY ADVERSE IMPACT ON THE NATURAL ENVIRONMENT INCLUDING BUT NOT LIMITED TO WATER, AIR, NOISE, STORMWATER MANAGEMENT, WILDLIFE VEGETATION, WETLANDS, AND NATURAL FUNCTIONS OF THE ENVIRONMENT.

IT IS A LESS INTENSE USE THAN THE SURROUNDING HEAVY INDUSTRIAL BUSINESSES SURROUNDING US.

[01:30:09]

BASICALLY, OUR PROJECT CONSISTS OF RELOCATING OUR HEADQUARTERS OF D&G TOWING LLC, FROM 835 NORTHWEST 7TH TERRACE, FORT LAUDERDALE, FLORIDA, TO THE 2760 NORTHWEST 55TH COURT, FORT LAUDERDALE, FLORIDA.

IF THIS IS APPROVED, WE'RE LOOKING TO HAVE THIS AS A LONG-TERM FACILITY, HONESTLY, ABOUT 30 YEARS PLUS.

>> IF DISAPPROVED?

>> FOLLOWING AN APPROVAL, WHATEVER THE BOARD DECIDES, WHATEVER UPDATES OR WHATEVER ADDITIONAL REQUIREMENTS WE NEED TO DO, WE'RE ABLE TO GET THEM DONE AND SUBMIT IT IN A TIMELY MANNER.

THAT'S ABOUT IT ON MY END.

>> YOU'RE COMPLETE ABOUT THIS?

>> YEAH.

>> OKAY. THANK YOU.

IS THERE A STAFF PRESENTATION OR DOES THE BOARD WANT TO SEE A STAFF PRESENTATION ON THIS ITEM?

>> WILL THERE BE A STAFF PRESENTATION?

>> YEAH.

>> OKAY.

>> MY QUESTIONS ARE NORMALLY ANSWERED IN THE STAFF PRESENTATION, SO I'LL HOLD.

BUT WHILE THE STAFF IS COMING, YOU SAID YOUR USE WILL BE LESS INTENSIVE THAN THE SURROUNDING.

WHAT EXACTLY ARE YOU DOING THERE? WHAT'S THE OPERATION THERE?

>> BASICALLY, WE HOLD REPOSSESSED VEHICLES FOR ABOUT A SEVEN-DAY PERIOD.

IT'S REPOSSESSED VEHICLES OR VEHICLES THAT HAVE BEEN SITTING AT OUR PREVIOUS FACILITY FOR ABOUT 35 DAYS THE MOST.

WHENEVER THEY'RE NOT PICKED UP BY LIEN HOLDERS OR OWNERS, THEY WOULD COME TO THIS FACILITY.

>> NO PRODUCTION, NOTHING INDUSTRIAL. IT'S JUST [OVERLAPPING]

>> NO. IT'S JUST TOWING AND STORAGE. THAT'S IT.

>> OKAY. ALL RIGHT. THANK YOU.

>> THANK YOU.

>> THANKS.

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

[NOISE] DAMIAN SILVEIRA, THAT'S AN AGENT FOR THE PROPERTY OWNER JARVI CORPORATION & ASSOCIATES, IS REQUESTING APPROVAL OF A SPECIAL EXCEPTION TO ALLOW FOR A PROPOSED AUTO TOWING USE IN AN I-2 INDUSTRIAL ZONING DISTRICT.

THE SUBJECT PROPERTY IS LOCATED EAST OF PROSPECT ROAD AT 2760 NORTHWEST 55 COURT.

THE SUBJECT PROPERTY IS LOCATED SOUTH OF THE FORT LAUDERDALE EXECUTIVE AIRPORT IN AN INDUSTRIAL WAREHOUSE DISTRICT ON NORTHWEST 55TH COURT IN THE PROSPECT BEND AREA.

THE PROPERTY IS APPROXIMATELY 1.22 ACRES IN SIZE, HAS THE CITY OF TAMARAC FUTURE LAND USE DESIGNATION OF "INDUSTRIAL" AND A ZONING CLASSIFICATION OF "I-2".

TO THE NORTH OF THE SUBJECT PROPERTY ARE INDUSTRIAL WAREHOUSES ZONED I-2.

TO THE EAST IS INDUSTRIAL PAVING MANUFACTURER, STAR-SEAL OF FLORIDA, ZONED I-2.

TO THE WEST, IS AN HVAC GENERATOR RENTAL BUSINESS, POWER PRODUCTION & AIR, ZONED I-2.

THEN TO THE SOUTH, YOU HAVE SINGLE-FAMILY SUBDIVISION, TAMARAC LAKES NORTH 3RD SECTION, WHICH IS ZONED R-1.

>> [NOISE] [INAUDIBLE] ACCORDING TO THE STAFF, WE HAVE SINGLE-FAMILY.

>> [NOISE] UPON ANNEXATION, THE SUBJECT PROPERTY CONTAINED A TRUCKING AND TRANSPORT COMPANY, RAPID TRANSPORTATION AND RECOVERY.

THE TRUCKING AND TRANSPORT COMPANY WAS THEN REPLACED IN 2012 WITH THE PORTABLE SANITATION BUSINESS TOILET TAXI THAT STORED AND RENTED PORTA-POTTIES.

TOILET TAXI REMAINED ON THE SUBJECT PROPERTY TILL 2018.

THE CURRENT PROPERTY OWNER, JARVI CORP & ASSOCIATES, HAS BEEN UTILIZING THIS SITE AS A TOWING FACILITY SINCE OCTOBER 2021.

THERE IS A BUSINESS REVENUE COURT CASE ADDRESSING THIS USE AS THE USE HAS NOT ATTAINED CITY APPROVAL AND A SPECIAL EXCEPTION IS REQUIRED FOR THE USE.

THE SUBJECT PROPERTY CONTAINS AN EXISTING METAL BUILDING IN THE SOUTHWEST CORNER OF THE PROPERTY THAT IS CONNECTED TO AN OPEN METAL GARAGE BUILDING VIA A COMMON ROOF,

[01:35:01]

AN ACCESSORY ONE-STOREY OFFICE BUILDING, AND AN ACCESSORY SHED BUILDING IN THE REAR OF THE PROPERTY.

THE PROPERTY OF [INAUDIBLE], THE RESIDENTIALLY ZONED DISTRICT PROPERTIES TO THE REAR IS SEPARATED BY A CHAIN LINK FENCE CURRENTLY.

THE APPLICANT PROPOSES A NEW CBS WALL BETWEEN THE EXISTING CHAIN LINK FENCE AND THE RESIDENTIAL PROPERTIES TO THE REAR OF THE SUBJECT PROPERTY.

BUILDING PERMIT 20-5276 FOR OFFICE RENOVATIONS AND ADA UPGRADES TO THE EXTERIOR RAMP OF THE OFFICE BUILDING WAS APPROVED ON MARCH 27, 2021, AND THOSE ARE THE RENOVATIONS CURRENTLY BEING CONDUCTED.

THEN ALL BUILDINGS ON THE SUBJECT PROPERTY COMPLETED A 40-YEAR BUILDING SAFETY AND ENGINEERING PERMIT ON FEBRUARY 15TH, 2022.

D&G TOWING AND RECOVERY IS AN EXISTING VEHICLE TOWING BUSINESS THAT IS PROPOSING THEY'LL RELOCATE FROM 8375 NORTHWEST 7TH TERRACE IN THE CITY OF FORT LAUDERDALE TO THE SUBJECT LOCATION AND HOLDS A BROWARD COUNTY VEHICLE TOWING LICENSE.

THE WEBSITE FOR D&G TOWING STATES THAT THE PROPOSED AUTO-TOWING USE PROVIDES FOR 24-HOUR TOWING, GENERAL TOWING SERVICES, JUNK CAR REMOVAL, AND AUTO LOCKOUT SERVICE, AS WELL AS MONTHLY AUCTIONS OF CARS, TRUCKS, AND MOTORCYCLES, AND OTHER TYPES OF TRANSPORTS.

THE WEBSITE FURTHER STATES, "WE BUY JUNK CARS.

WE PAY CASH FOR YOUR CAR ON THE SPOT.

WE BUY YOUR CAR AND TOW IT ON THE SAME DAY." THE ATTACHED JUSTIFICATION LETTER OR THE JUSTIFICATION LETTER THAT'S ATTACHED TO THE MEMO STATES THAT, "THE APPLICANT IS ENGAGED IN TOWING REPOSSESSED AND ILLEGALLY PARKED PRIVATE USE [NOISE] PASSENGER VEHICLES, WHICH ARE STORED FOR SHORT PERIODS OF TIME.

THERE ARE NO WRECKED OR DAMAGED VEHICLES STORED ON THE PREMISES.

THE VEHICLES ARE STORED UNTIL PICKED UP BY THE VEHICLE OWNER OR LIEN OWNER, WHICH IS USUALLY WITHIN ONE OR TWO WEEKS.

AUTO TOWING IS DEFINED BY THE LAND DEVELOPMENT CODE AS THE REMOVING OF AN AUTOMOBILE BY TOWING, CARRYING, HAULING, OR PUSHING FROM PUBLIC OR PRIVATE PROPERTY WHEN SUCH VEHICLE HAS BEEN ORDERED TO BE IMPOUNDED TO A PUBLIC OR PRIVATE IMPOUND LOT.

THIS SHALL NOT INCLUDE AN AUTOMOBILE SERVICING USE THAT HAS A TOW TRUCK OR/AND REPAIR VEHICLES ON-SITE.

AUTO WRECKING AND SALVAGE YARDS IS DEFINED BY THE LAND DEVELOPMENT CODE AS ANY LOT UPON WHICH TWO OR MORE MOTOR VEHICLES OF ANY KIND WHICH ARE INCAPABLE OF BEING OPERATED DUE TO CONDITION OR A LACK OF LICENSE OR REGISTRATION HAS BEEN PLACED FOR THE PURPOSE OF OBTAINING PARTS FOR RECYCLING OR RESALE.

AUCTIONS ARE NOT A LISTED USE IN THE LAND DEVELOPMENT CODE, AND AUTO SALVAGE AND SALVAGE YARDS ARE PERMITTED IN THE I-2 DISTRICT AS A SPECIAL EXCEPTION.

BUT THE AUTO SALVAGE AND SALVAGE YARD USE IS NOT PERMITTED WITHIN 300 FEET OF A RESIDENTIALLY ZONED DISTRICT.

THE JUSTIFICATION LETTER PROVIDED WITHIN THE MEMO FURTHER STATES THAT D&G TOWING OPERATES DURING NORMAL BUSINESS HOURS 8:00 A.M. TO 6:00 P.M. WITH AFTER-HOUR VISITS LIMITED TO APPOINTMENT ONLY.

D&G TOWING, IT CONSISTS OF EIGHT EMPLOYEES, CONSISTING OF AN OFFICE MANAGER, A DISPATCHER, A CUSTOMER SERVICE REPRESENTATIVE, AND FIVE TOW TRUCK DRIVERS.

D&G TOWING AND RECOVERY CURRENTLY HAS FIVE-YEAR LEASE WITH THE PROPERTY OWNER THAT COMMENCED ON OCTOBER 1ST, 2021, WITH FIVE FIVE-YEAR LEASE RENEWAL OPTIONS FOR A TOTAL LEASE TERM OF 30-YEARS.

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

THE LAND DEVELOPMENT CODE IDENTIFIES GENERAL REVIEW STANDARDS TO BE EMPLOYED FOR APPROVAL OF THOSE SPECIAL EXCEPTION.

THE 10 GENERAL STANDARD REVIEW CONCLUSIONS THAT MUST BE MET TO ENSURE APPROVAL OF SPECIAL EXCEPTION ARE SHOWN ON THE SCREEN IN FRONT OF YOU.

PROVIDED FOR THE INTEROFFICE MEMORANDUM FOR D&G TOWING ARE RESPONSES TO THE GENERAL REVIEW STANDARDS AS THEY APPLY TO THE SPECIAL EXCEPTION REQUESTED.

IT IS THE OPINION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT THAT THE STANDARDS FOR THE SPECIAL EXCEPTION HAVE BEEN SATISFIED.

THIS ITEM SUPPORTS GOAL NUMBER 3 OF THE CITY'S 2040 STRATEGIC PLAN, TAMARAC IS ECONOMICALLY RESILIENT BY BEING BUSINESS FRIENDLY.

THE APPLICANT PROPOSES AN AUTO TOWING USE IN THE CITY'S MOST INTENSE INDUSTRIAL ZONING DISTRICT IN AN EXISTING INDUSTRIAL AREA IMMEDIATELY SOUTH OF THE FORT LAUDERDALE EXECUTIVE AIRPORT.

[01:40:05]

APPROVAL OF THIS ITEM ALSO SUPPORTS POLICY 10.8 OF THE FUTURE LAND USE ELEMENTS, WHICH STATES, "FACILITATE THE DEVELOPMENT OF COMMERCIAL, INDUSTRIAL, UTILITIES AND OTHER NON-RESIDENTIAL LAND USES TO ENSURE THEY'RE LOCATED IN A MANNER COMPATIBLE WITH ADJACENT LAND USES AND DO NOT ADVERSELY AFFECT THE HEALTH, SAFETY, WELFARE, OR THE AESTHETICS OF EXISTING OR FUTURE RESIDENTIAL AREAS." THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION FOR THE PROPOSED SPECIAL EXCEPTION TO ALLOW FOR THE PROPOSED AUTO TOWING USE IN AN I-2 ZONING DISTRICT TO THE CITY COMMISSION AT IT'S JANUARY 25TH, 2023, MEETING WITH THE FOLLOWING CONDITIONS OF APPROVAL.

NUMBER 1, APPROVAL OF THE SPECIAL EXCEPTION IS CONTINGENT UPON APPROVAL AND COMPLETION OF A BUILDING PERMIT FOR SAFETY THROUGH THE BUILDING DEPARTMENT.

NUMBER 2, APPROVAL OF THE SPECIAL EXCEPTION IS CONTINGENT UPON APPROVAL AND COMPLETION OF A BUILDING PERMIT FOR THE PROPOSED IMPROVEMENTS SHOWN ON THE BOUNDARY & SITE PLAN OF THE PROPOSED IMPROVEMENTS THROUGH THE BUILDING DEPARTMENT WITH A MINIMUM SIX-FOOT HIGH CBS WALL, THAT WAS PROVIDED AND ATTACHED TO THE INTEROFFICE MEMORANDUM.

NUMBER 3, ANY TYPE OF REPAIR OR REFUELING ON THE SUBJECT PROPERTY IS STRICTLY PROHIBITED.

NUMBER 4, THE STORAGE OF COMMERCIAL VEHICLES NOT RELATING TO THE TOWING BUSINESS ITSELF, BOATS, TRAILERS, CONTAINERS, AND FUEL TANKS ARE STRICTLY PROHIBITED.

THE STORAGE OF JUNK OR IRREPARABLE CARS IS STRICTLY PROHIBITED.

THEN NUMBER 6, THE AUCTIONING OF THE VEHICLES AND OTHER TYPES OF TRANSPORTS FROM THE SUBJECT PROPERTY IS STRICTLY PROHIBITED.

THIS CONCLUDES STAFF PRESENTATION. WE'LL ACCEPT QUESTIONS AT THIS TIME.

>> THANKS.

THANKS. ANY QUESTIONS FOR STAFF?

>> I DO. GREAT PRESENTATION.

YOU'VE BASICALLY ANSWERED ALL MY QUESTIONS EXCEPT THE HEIGHT OF THE WALL, MINIMUM SIX FEET.

BUT WHAT EXACTLY ARE THEY PROPOSING?

>> THEY HADN'T PROPOSED THE HEIGHT.

THEY JUST SHOWED A HEIGHT ON THE PLAN, SO WE'RE REQUIRING A MINIMUM SIX-FOOT HIGH CBS WALL.

THEY'RE SHOWING A CBS SITE.

THEY'RE SHOWING A CBS WALL ON THE PLAN WITH NO HEIGHT.

WE'RE REQUIRING A MINIMUM SIX-FOOT HIGH AS THAT'S WHAT THE LAND DEVELOPMENT CODE REQUIRES AS A BUFFER SEPARATOR BETWEEN NON-RESIDENTIAL AND RESIDENTIAL PROPERTIES.

>> WE REQUIRE A NOISE STUDY BECAUSE THE TRUCKS COMING IN AND OUT 24 HOURS.

>> THEY'LL BE SUBJECT TO THE NOISE ORDINANCE.

>> I SEE SOME TREES ON THE GOOGLE IMAGE.

ARE THOSE STILL EXIST IN ADDITION TO THE WALL? THAT'S GOING TO BE PROPOSED.

>> IMPROVEMENTS HAVE NOT BEEN MADE TO THE REAL PROPERTY.

>> IS THE D & G TOWING IN OPERATION RIGHT NOW AT THIS LOCATION?

>> THEY'D BEEN IN OPERATION SINCE OCTOBER 2021.

>> THEN WE'RE SEEKING A SPECIAL EXCEPTION AFTER.

>> THEY WERE CITED BY OUR CODE ENFORCEMENT FOR THE USE NOT HAVING A LICENSE.

>> SAY THAT AGAIN. I COULDN'T HEAR YOU.

>> THEY WERE CITED FOR NOT HAVING A LICENSE.

>> THEY WERE CITED. THAT WAS MY NEXT QUESTION.

>> WE ARE NOT OPERATING.

THERE WAS A TENANT BEFORE US THAT WAS EVICTED.

WE HAD PSO TO ACTUALLY REMOVE HIM.

HE WAS STORING TRUCKS WHEN THE FIRE MARSHAL CAME OUT.

WE WERE IN THE MIDDLE. WE HAD THE RECEIPTS FOR HAVING EVERYTHING REMOVED OFF OF THE PROPERTY.

WE DO NOT HAVE ANY SIGNS THAT OUR LOCAL OFFICE IS IN FORT LAUDERDALE.

WE'RE NOT OPERATING. WE ASKED CODE ENFORCEMENT IN THE MEANTIME FOR OUR LAYOVER TRUCKS THAT WE ARE NOT USING.

CAN THEY STAY ON THE PROPERTY? THEY SAID ABSOLUTELY, AS LONG AS IT'S JUST STORAGE AND YOU'RE NOT OPERATING A BUSINESS.

OUR OFFICE HAS BEEN EMPTY. THERE'S NOTHING IN THERE.

THERE'S NO DESK, THERE'S NO PHONES, NOTHING.

WE'RE NOT OPERATING A BUSINESS OUT OF OUR FACILITY.

>> THE PHOTOS YOU SHOWED FOR THE NEW EXTERIOR PAINTWORK AND STUFF, HAS THAT BEEN DONE OR IS THAT JUST A PHOTO?

>> THAT'S BEEN DONE.

>> DO WE HAVE A PERMIT FOR THAT?

>> WE'RE CURRENTLY NOT OPERATING OUT OF THAT FACILITY AT ALL.

THERE'S NO SIGNAGE, THERE'S NO EMPLOYEES, AND THERE'S NOTHING.

THAT WAS VERY CLEAR TO US WITH CODE ENFORCEMENT AND UPON PULLING PERMITS.

>> I JUST WANTED TO BE CLOSE.

A SPECIAL EXCEPTION CAME BEFORE THE [OVERLAPPING].

>> WE ARGUED ON IT. WE'RE LIKE, WE'RE NOT WORKING OUT OF HERE AS YOU COULD SEE, THE OFFICE WAS BEING RENOVATED.

WE ASKED BEFORE WE EVEN AS YOU SEE THE TRUCKS THAT WERE THERE WERE NOT, AND WE DID ASK, CAN WE JUST PARK

[01:45:03]

OUR EXCESSIVE TOW TRUCKS THAT ARE NOT BEING USED HERE AT THE TIME? THEY SAID YES, AS LONG AS THERE'S NOT A PEN IN THAT BUILDING AND THERE'S NO EMPLOYEES IN THERE, YOU'RE FINE, WHICH IS WHAT WE COMPLIED WITH.

>> PERFECT. THANK YOU.

>> IF YOU DON'T MIND FOR A SECOND.

I JUST WANT TO FOLLOW UP ON THAT BECAUSE I'M READING IN THE ITEM HERE THAT THE CURRENT PROPERTY OWNER, HE'S BEEN UTILIZING THIS SITE AS A TOWING FACILITY SINCE OCTOBER 2021.

IS THAT WHAT WE'RE SEEING HERE? THE SUPPLIER SITUATION?

>> THAT'S WHEN THE LEASE STARTED.

>> THERE HAS BEEN SOME TOWING UP.

>> THE LEASE WAS SIGNED FOR THAT DAY.

>> THERE HAS BEEN A TOWING OPERATION OF SOME SORT SINCE A YEAR AGO.

>> THEN THEY WERE CITED FOR HAVING.

>> BUT THAT WASN'T YOUR BUSINESS.

THAT WAS SOMEBODY ELSE'S TOWING BUSINESS.

>> WE THOUGHT, HEY, YOU CAN HAVE A TOWING COMPANY.

UPON COMING TO TAMARAC, THEY SAID NO, YOU'VE GOT TO HAVE ALL OF THE PERMITS DONE.

WE'RE DEALING WITH A GENTLEMAN BEFORE BY THE NAME OF FRANK, SO EVERYTHING WAS TRANSFERRED OVER.

THAT'S WHEN WE MET CHRISTIAN AND EVERYTHING FROM THERE.

WE GOT CAUGHT UP WITH EVERYTHING ELSE.

WE PULLED PERMITS.

EVERYTHING WAS BEING RENOVATED BY THE TIME WE MOVED IN, WHICH IS WHEN WE WERE INFORMED, HEY, YOU HAVE TO HAVE A SPECIALTY ACCEPTANCE.

THIS IS WHAT HAS TO BE DONE.

OUR TRUCKS WERE THERE BUT WE WEREN'T WORKING OUT OF THERE.

WHEN THEY CAME, THEY SAW THE JARVY ENTERPRISES.

THEY'D HAVE THE PEOPLE DOING THE RENOVATIONS, THE BUILDING AND SO FORTH.

WE WERE ON SCENE WITH ALL OF THAT, BUT WE WEREN'T OPERATING OUR BUSINESS OUT OF THAT FACILITY AT ALL.

WE STILL HAVE OUR LICENSES FOR FORT LAUDERDALE.

YOU CANNOT OPERATE A TOW BUSINESS IN BROWARD COUNTY THAT YOU ARE NOT LICENSED BY THE COUNTY OR INSPECTED, YOU'LL BE FINED FOR GRAND THEFT AUTO EACH VEHICLE, SO WE WERE NOT OPERATING THERE.

>> YOU WEREN'T OFFICIALLY OPERATING THERE?

>> NONE OF OUR VEHICLES.

>> YOU WERE IN TRANSITIONAL PERIOD THERE.

>> WE ASKED, BECAUSE OUR FACILITY AND WE OUTGREW THAT FACILITY, WHICH IS WHY WE LOOKED FOR ANOTHER ONE.

THEN WE'RE INFORMED, HEY, YOU CAN'T JUST DO THIS.

YOU'VE GOT TO GET SPECIALTY EXCEPTIONS.

THESE ARE THE STEPS. WE'VE BEEN WORKING FOR THAT.

AS YOU CAN SEE, ALL THE BIG TRUCKS AND EVERYTHING THAT WAS THERE BEFORE, THEY WERE BEING STORED BY THE PREVIOUS COMPANY, WHICH IS WHEN WE LITERALLY ASKED NICELY, THEN HE KEPT, I NEED MORE TIME.

THEY WERE LIKE, NO, YOU GOT IT, BECAUSE THEY CAME ON INTO WELL, [INAUDIBLE]

>> GOT YOU. SORRY.

>> THE PREVIOUS COMPANY WAS ALSO A TOW.

>> I BELIEVE THEY WERE STORING THEM FOR WHOEVER THE COMPANY PREVIOUSLY BEFORE, EITHER TOILET TAXI.

I'M NOT SURE WHICH ONE THEY WERE.

BUT IF YOU LOOK IN YOUR NOTES, I DID CALL BSO WHEN I HAD ENOUGH.

I WAS LIKE, WE'RE NOT USING IT NOW, SO WHEN THE CITY IS COMING OUT AND SAYING HEY, YOU HAVE ALL OF THESE HERE, WE'RE LIKE, NO, WE CALL THE POLICE. POLICE ESCORTED THEM.

THEY DID REMOVE ALL THEIR THINGS THAT NIGHT.

BUT AS FAR AS OPERATING OUR TOWING BUSINESS THERE, ABSOLUTELY NOT.

IF WE WERE, I PROMISE YOU, THE LADY FROM BROWARD COUNTY, SHE WOULD HAVE BEEN ON US ALREADY WITH FINES YOU WOULDN'T EVEN LOOK AT. NO, WE WEREN'T.

>> SORRY. I'M JUMPING IN HERE.

I'LL ASK THE QUESTION. I'M JUST GOING TO ASK.

I SEE THAT THERE WAS SOMETHING UP HERE IN THE PRESENTATION ABOUT AUCTIONING OF VEHICLES?

>> WE HAD OUR PREVIOUS FACILITY IN OAKLAND PARK AND FORT LAUDERDALE, SO WHEREVER THE CAR IS LICENSED TO BE AUCTIONED AT OUR FORT LAUDERDALE FACILITY WORK CARD OR AUCTION, IF THEY'RE NOT PICKED UP IN A TIMELY MANNER, THEY ARE OFTEN ON OUR FORT LAUDERDALE FACILITY.

>> I'M LOOKING AT ONE OF THE CONDITIONS HERE OF APPROVAL IS THAT WILL NOT HAPPEN HERE.

>> ABSOLUTELY NOT. ANYTHING THAT YOU GUYS DON'T WANT HERE, WE HAVE TO ABIDE WITH, SO WE'RE NOT GOING TO HAVE SOMEONE PASSING BY.

WE'RE HAVING A BIG SIGN BECAUSE YOU HAVE TO HAVE A SIGN, HEY, THERE IS A PUBLIC AUCTION.

YOU CAN'T JUST DO IT UNDER THE QUIET ONLINE.

NO, IT HAS TO BE PUBLISHED.

>> UNDERSTOOD.

>> WILL YOU STILL KEEP YOUR FACILITY THAT YOU HAVE RIGHT NOW AND AUCTION THE CARS THERE, WOULD YOU MOVE?

>> TO BE HONEST WITH YOU, IN THE SITUATION WITH THIS, WE CAN'T STAY AT THAT FACILITY.

WE ARE ALREADY LOOKING FOR ANOTHER FACILITY IN DAVIE FOR IT TO BE ABLE TO AUCTION.

WE CAME WHERE THERE'S A COMPANY THAT WILL TAKE ALL THE VEHICLES AND THEY WILL AUCTION THEM ONLINE AND THEN WE KEEP TRACK RECORD, SO THERE WILL BE NO AUCTION [OVERLAPPING].

>> NO AUCTION IN THE PREMISES.

>> WE JUST HAVE TO MAKE SURE ON THE NOTICES WE'VE PUT, THIS IS THE COMPANY AND THAT IS THE LOCATION.

IT WILL NOT BE AT OUR PHYSICAL FACILITY.

>> OKAY.

>> ANY OTHER QUESTIONS FOR THE APPLICANT OR STAFF? YEAH.

>> YOU SAID THAT YOU PRESENTLY HAVE A LEASE, CORRECT?

[01:50:01]

ARE YOU GOING TO MOVE YOUR FORT LAUDERDALE LOCATION TO THIS LOCATION IF EVERYTHING IS APPROVED?

>> YES.

>> OKAY.

>> SURE. OKAY.

ANY OTHER QUESTIONS? IF NOT, WE CAN BRING IT BACK TO THE BOARD FOR CONSIDERATION. THANK YOU.

WOULD ANYBODY WANT TO MAKE A MOTION ON THE ITEM? THE RECOMMENDATION OF STAFF IS FOR APPROVAL SUBJECT TO SIX CONDITIONS.

I THINK IT'S COMING UP.

YEAH, HERE IT IS ON YOUR SCREEN.

ANYBODY WANT TO MAKE A MOTION FOR THE ITEM?

>> I RULE TO APPROVE.

>> I'LL SECOND.

>> [OVERLAPPING] YEAH, WE HAVE A MOTION FOR APPROVAL PER STAFF RECOMMENDATION AND WE HAVE A SECOND.

>> VIOLA WATSON?

>> YES.

>> ERIC NAGI?

>> YES.

>> DAVID LEVINE?

>> YES.

>> SIR JEAN BELL CLARK?

>> YES.

>> RICHARD HUGHES?

>> YES.

>> MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION WITH CONDITIONS AS OUTLINED BY STAFF, PASS, FIVE TO ZERO.

>> THANK YOU. WELCOME TO THE CITY.

>> [BACKGROUND].

>> YOU TOO. THANKS. NEXT ITEM ON THE AGENDA IS DIRECTOR'S REPORT.

[10. Director's Report]

>> THE CITY ATTORNEY AND I ARE SHARING MICS, THIS MORNING.

I WANT TO APOLOGIZE FOR THE CONDITION OF THE CHAMBERS.

I THINK WE'RE HAVING SOME IT RELATED ISSUES, WHICH IS WHY WE'VE BEEN USING HER MIC AND SO ON AND SO FORTH.

I JUST WANT TO APOLOGIZE FOR THAT.

JUST A REPORT ON YOUR LAST ITEM THAT WAS CONSIDERED BY THIS BODY, THE HOOKAH LOUNGE IN MURAL PLAZA, AS WELL AS THE BOARD ORDER FOR THE SPECIAL EXCEPTION FOR SUNNYSIDE DISPENSARIES, WHICH ANN MENTIONED IN HER PRESENTATION EARLIER THIS MORNING.

THOSE ITEMS ARE SCHEDULED TO BE HEARD BY THE CITY COMMISSION NEXT WEDNESDAY AT YOUR DECEMBER, 14TH MEETINGS SO I CAN REPORT ON THE OUTCOME AFTER THAT MEETING.

I KNOW DURING THE LAST MEETING WE TALKED ABOUT ORIENTATION AND THE REAPPOINTMENT OF CHAIR AND VICE-CHAIR, BUT SINCE THAT TIME, OF COURSE, WE'VE HAD AN ELECTION AND WE HAVE TWO NEW MEMBERS OF THE CITY COMMISSION, DISTRICT 2 AS WELL AS DISTRICT 4 THAT HAS CHANGED, AND BECAUSE OF THAT, CONSISTENT WITH THE CODE, THERE HAS TO BE RE-ADVERTISEMENT FOR REAPPOINTMENT TO THIS BOARD.

THE MEMBERS OF THIS BOARD THAT ARE AFFECTED, OF COURSE IS SIR JEAN BELL CLARK, YOUR GOMEZ'S AT LARGE APPOINTMENT.

WE ARE GOING TO ENCOURAGE YOU TO [INAUDIBLE] AD FOR PUBLICATION.

WE HAVE BEEN TOLD THAT IT SHOULD BE PUBLISHED THIS WEEK INVITING PEOPLE TO APPLY.

RICHARD, YOU AS WELL ARE AFFECTED.

YOU, AS A VICE CHAIR IS DISTRICT 2 APPOINTMENTS.

THE NEW COMMISSIONER IS COMMISSIONER MAURY, FOR THAT, AND OF COURSE, DEBORAH PLACKO, WHO WAS [INAUDIBLE], HAS ALREADY VACANT, THAT TOO WILL BE ADVERTISED.

WE APPRECIATE WHAT YOU, RICHARD AND SIR JEAN, YOUR INVOLVEMENT IN YOUR PARTICIPATION.

WE REALLY WANT TO ENCOURAGE YOU TO RESUBMIT YOUR APPLICATION AND APPLY ONCE IT OPENS UP SO THAT YOU CAN BE RECONSIDERED FOR REAPPOINTMENT.

>> DO WE NEED TO GO ON THE CITY'S WEBSITE TO GET THE APPLICATION? IS THAT THE WAY TO DO IT?

>> I'M NOT SURE WHAT THE AD SAYS, BUT WE'LL SEE IF WE CAN HELP YOU WITH THAT.

IF COLLETTE, CAN HELP ME JUST TO SEE WHAT THE APPLICATION IS, WHERE WE CAN GET AND WE CAN FORWARD IT BOTH TO [OVERLAPPING]

>> OKAY. THANKS.

>> IS THAT THE NORMAL PROCEDURE WHENEVER [OVERLAPPING]

>> YES.

>> OKAY. IT'S EVERY TWO YEARS?

>> WELL, IT'S BASED ON THE TERM OF THE COMMISSIONER WHO APPOINTED YOU AND [INAUDIBLE] AT LARGE AS WELL, ALTHOUGH THE MAYOR WAS RE-ELECTED, SHE'S STILL HAS TO GO THROUGH THAT PROCESS FOR RE-APPOINTMENT.

>> OKAY. NEXT ITEM, PLANNING BOARD REPORTS.

[11. Planning Board Reports]

ANYBODY ON THE BOARD WANT TO REPORT? [OVERLAPPING]

>> I APOLOGIZE. THEN ONE LAST THING, I JUST HAVE TO, [OVERLAPPING] WE HAVE COMMENCED A COMPREHENSIVE PLANNING PROCESS IN THAT WE HAVE RETAINED A CONSULTANT, CODINA GROUP WHO'S GOING TO BE HELPING US WITH THAT.

IT'S GOING TO BE THE BIGGEST PROJECT THAT OUR OFFICE WILL HAVE AND WILL BE UNDERTAKEN IN THE YEAR OF 2023, AND WE'RE IN THE PROCESS.

[01:55:01]

OF COURSE, IT WILL INCLUDE THE PLANNING BOARD MEMBERS.

ONE OF YOUR STATUTORY RESPONSIBILITY IS HELPING WITH THE COMPREHENSIVE PLAN AS WELL AS THE LAND DEVELOPMENT REGULATIONS.

PROBABLY EARLY JULY, WE'LL BE HOSTING A JOINT MEETING WITH THE MEMBERS OF THE COMMISSION.

YOU WILL HEAR FROM OUR OFFICE AND I JUST WANTED TO SAY ANN JOHNSON WOULD BE THE PROJECT MANAGER FOR THE COMPREHENSIVE PLAN ALONG WITH OUR ASSISTANT DIRECTOR, MAHIR, THAT WILL BE ASSISTING HER.

IN SHORT ORDER, YOU'LL BE HEARING FROM OUR OFFICE WHEN WE SOLIDIFY THAT DATE, THAT JOINT MEETING SO WE CAN START HEARING FROM YOU IN TERMS OF WHAT YOU SEE AS THE VISION FOR THE CITY GOING INTO 2024.

NO, 2040.

[LAUGHTER] WE'RE ALIGNING THIS WITH OUR STRATEGIC PLAN.

IT'S GOING TO BE THE COMPREHENSIVE PLAN IN 2040.

>> [BACKGROUND].

>> OKAY. WE WILL BE BRINGING THAT TO THEM AS WELL.

ANN JUST REMINDED ME THE TRANSPORTATION MASTER PLAN AND MULTI-MODAL TRANSPORTATION MASTER PLAN, WHICH IS ANOTHER PROJECT COMING OUT OF HER OFFICE.

BUT YOUR COMPREHENSIVE PLAN ALSO HAVE A TRANSPORTATION ELEMENTS, THERE'S GOING TO BE SOME CROSSOVER, AND YOUR INVOLVEMENT WITH THAT WILL BE REQUESTED AS WELL.

>> DO YOU HAVE ANY UPDATES FOR US ABOUT THE HOTEL THAT'S THE GOLF COURSE? IS THAT PROGRESSING TOWARDS OPENING?

>> YOU'RE TALKING ABOUT COLONY WEST?

>> YEAH.

>> YES. WE ARE WORKING.

WE'RE HAVING A BIT OF AN ISSUE.

I THINK IT'S EVIDENT IN THE STALL THAT WE SEE GOING ON WITH THE IMPROVEMENTS TO THAT SITE.

WE ARE IN THE PROCESS OF WORKING WITH THE DEVELOPER.

WE'RE MEETING WITH THEM WEEKLY JUST TO MAKE SURE THAT THERE'S SOME CONCLUSION THAT COMES TO THAT PROPERTY.

THEY ARE BACK UP WORKING.

THERE WAS A DELAY, THERE WAS SOME FINANCING ISSUES HENCE THE DELAY WITH CONSTRUCTION.

NOW THEY'RE BACK ON THE PROPERTY ON THIS DIOXIDE AND HAVE STARTED WORKING ON THE POOL, AND DOING SOME OF THE LANDSCAPING.

WE EXPECT TO HAVE THAT CONCLUDED SOMETIME EARLY 2023, HOPEFULLY BY SPRING.

>> THANKS. ANYBODY ON THE BOARD HAVE ANYTHING TO REPORT? IF NOT, WE CAN ADJOURN THE MEETING.

IT IS CURRENTLY 11:03 AM.

THAT CONCLUDES THE MEETING.

ENJOY YOUR HOLIDAYS. STAY SAFE.

* This transcript was compiled from uncorrected Closed Captioning.