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[00:00:01]

GOOD MORNING, EVERYONE.

[1. Call to Order]

WE'LL NOW CALL TO ORDER.

LET'S STAND FOR THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, AND JUSTICE FOR ALL.

THANK YOU. WE'LL DO THE ROLL CALL.

NIKOLE CLEARE. OUT.

OKAY. OKAY. JACQUES MOISE.

VIOLA WATSON.

PRESENT. ERIC GNAGE.

HERE. DAVID LEVIN.

HERE. SAJEEN BELL-CLARK.

HERE. ALEXANDRA ALVAREZ WILL BE LATE AND NIKOLE CLEARE IS ABSENT AND EXCUSED.

THANK YOU, COLLETTE. SAJEEN IF I MIGHT, JUST FOR THE BENEFIT OF THE BOARD, BECAUSE FOR THOSE MEMBERS THAT ARE OLD OR EXISTING MEMBERS OF THE BOARD, YOU'RE PROBABLY WONDERING WHY SAJEEN IS CHAIRING.

BUT SHE HAS VOLUNTEERED TO CHAIR THE MEETING THIS MORNING OUR CHAIR IS NOT FEELING WELL AND SO IS UNABLE TO ATTEND.

AND OF COURSE WITH THE LAST ROTATION, WE DO NOT HAVE A VICE CHAIR.

SO ON YOUR AGENDA THIS MORNING, WE DID HAVE ELECTION WHICH WE WILL POSTPONE FOR THE NEXT MEETING TO ALLOW FOR ALL MEMBERS TO BE PRESENT SO WE CAN CONDUCT THAT ELECTION.

AND JUST THANKS AGAIN TO SAJEEN FOR VOLUNTEERING TO CHAIR THIS MORNING'S MEETING.

WE ALSO HAVE TWO NEW BOARD MEMBERS.

WHICH ONE IS ON HER WAY? SHE'S A BIT LATE, SO I WILL RECOGNIZE THOSE MEMBERS FORMALLY DURING MY REPORT TO GIVE HER AN OPPORTUNITY TO GET HERE.

ALL RIGHT. THANK YOU.

THANK YOU MAXINE. NOW I'LL ASK FOR THE APPROVAL OF MINUTES.

[4. Approval of Minutes]

IS THERE ARE ANY AMENDMENTS OR CHANGES? COMMENTS TO THE MINUTES? MEMBERS, NO. NOW I MOVE TO APPROVE THE MINUTES AS WRITTEN.

WHO'S SECOND? JACQUE.

OKAY. OKAY.

THANK YOU. ARE THERE ANY PLANNING BOARD DISCLOSURES? WELL, I'LL DO THE VOTE.

OKAY. OKAY, GO AHEAD, SAJEEN BELL-CLARK.

APPROVED. DAVID LEVIN.

APPROVE. JACQUE MOISE.

VIOLA WATSON.

APPROVE. MOTION TO APPROVE THE MINUTES OF THE LAST MEETING.

PASSED 5 TO 0.

NOW, ARE THERE ANY DISCLOSURES FROM THE BOARD? OKAY. SEEING THAT THERE'S NONE.

WE'LL NOW PASS IT OVER TO THE CITY ATTORNEY.

[6. City Attorney Statement & Swearing In]

ITEMS 9, 9A AND 9B ARE QUASI JUDICIAL IN NATURE.

THE FOLLOWING STATEMENTS WILL GUIDE THE PROCEDURES BEFORE THE BOARD.

ALL PERSONS TESTIFYING BEFORE THE BOARD WILL BE SWORN IN.

THE APPLICANT AND ANY AFFECTED PARTY WILL BE GIVEN AN OPPORTUNITY TO PRESENT EVIDENCE, BRING FORTH WITNESSES, CROSS-EXAMINE WITNESSES AND REBUT ANY TESTIMONY.

ALL EVIDENCE RELIED UPON BY REASONABLY PRUDENT PERSONS SHALL BE ADMISSIBLE.

WHETHER SUCH EVIDENCE WOULD BE ADMISSIBLE IN A COURT OF LAW, HOWEVER IMMATERIAL OR UNDULY REPETITIOUS EVIDENCE SHALL BE EXCLUDED.

HEARSAY EVIDENCE MAY BE USED FOR THE PURPOSES OF SUPPLEMENTING OR EXPLAINING OTHER EVIDENCE, BUT SHALL NOT BE SUFFICIENT BY ITSELF TO SUPPORT A FINDING.

STATEMENTS FROM ATTORNEYS SHOULD ONLY BE CONSIDERED AS ARGUMENT AND NOT CONSIDERED AS TESTIMONY.

ATTORNEYS FOR PARTIES ARE NOT SUBJECT TO CROSS EXAMINATION.

THE BOARD HAS THE AUTHORITY TO REFUSE TO HEAR ANY TESTIMONY WHICH IS IRRELEVANT OR REPETITIVE.

DOCUMENTARY EVIDENCE MAY BE PRESENTED IN THE FORM OF A COPY OF THE ORIGINAL AND SHOULD BE AVAILABLE UPON REQUEST.

ALL PARTIES SHALL BE GIVEN THE OPPORTUNITY TO REVIEW EVIDENCE, COMPARE COPIES WITH ORIGINALS, AND QUESTION PARTIES ABOUT THEIR EVIDENCE.

THE ORDER OF PRESENTATION SHALL BE AS FOLLOWS.

THE APPLICANT OR THE APPLICANT'S REPRESENTATIVE WILL PRESENT FIRST.

[00:05:02]

STAFF WILL THEN GIVE A PRESENTATION IF REQUESTED BY THE BOARD.

AFFECTED PARTIES WILL BE ALLOWED TO PRESENT TESTIMONY.

PERSONS WHO ARE IN SUPPORT OR IN OPPOSITION CAN PROVIDE TESTIMONY OR STATEMENTS.

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

THE BOARD WILL THEN DELIBERATE ON THE PETITION.

AT THAT POINT NO FURTHER TESTIMONY WILL BE GIVEN AND MEMBERS OF THE BOARD SHOULD NOT ASK ANY FURTHER QUESTIONS OF PERSONS PRESENTING TESTIMONY.

THE BOARD SHALL DISCUSS THE EVIDENCE WRITTEN OR TESTIMONIAL THAT WAS PRESENTED AT THE PRECEDING AND AFTER TAKING A MOTION THE BOARD SHOULD VOTE ON THE APPLICATION EITHER FOR OR AGAINST WITH ANY CONDITIONS IT WISHES TO IMPOSE.

AT THIS POINT, WE'RE GOING TO SWEAR IN INDIVIDUALS.

SO ANYONE WHO IS GIVING TESTIMONY REGARDING ITEMS 9A AND 9B, I WOULD ASK THAT YOU PLEASE STAND AT THIS POINT AND RAISE YOUR RIGHT HAND.

OKAY. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH AND NOTHING BUT THE TRUTH.

IF SO SAY YES.

THANK YOU, MADAM CHAIR.

THE WITNESSES HAVE BEEN SWORN IN.

ARE THERE ANY? YOUR MIC IS NOT ON.

OH, I'M SORRY.

I'M OPENING PUBLIC COMMENTS AND SEEING THAT THERE'S NO ONE HERE.

I'LL CLOSE THE PUBLIC COMMENTS AND MOVE ON TO ITEM NUMBER 8A.

[8.a TR 13959 - A resolution of the City Commission of the City of Tamarac, Florida, approving the projects recommended for inclusion in the Fiscal Year 2023/2024 Annual Action Plan for expenditure of the Community Development Block Grant Funds estimated to be $497,807 for the twenty fourth program year, attached hereto as Exhibit “A”; authorizing the appropriate City Officials to submit said annual action plan and related documents to the United States Department of Housing and Urban Development; authorizing the Mayor or appropriate City Officials to execute Fiscal Year 2023-2024 Annual Action Plan federal application for funding; providing for conflicts; providing for severability; and providing for an effective date]

TR 13959 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE PROJECTS RECOMMENDED FOR INCLUSION IN THE FISCAL YEAR 2023 2024 ANNUAL ACTION PLAN FOR THE EXPENDITURE OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, ESTIMATED TO BE 497,807 FOR THE 24TH PROGRAM YEAR, ATTACHED HERETO AS EXHIBIT A AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO SUBMIT SAID ACTUAL ANNUAL ACTION PLAN AND RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

AUTHORIZING THE MAYOR OR APPROPRIATE CITY OFFICIALS TO EXECUTE FISCAL YEAR 2023, 2024 ANNUAL ACTION PLAN, FEDERAL APPLICATION FOR FUNDING, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

DO WE DO THEM ONE AT A TIME OR DO I READ ALL.

OKAY. GOOD MORNING, CAROLYN FRANCIS-ROYER, HOUSING AND COMMUNITY DEVELOPMENT MANAGER, PRESENTING TO YOU THE ANNUAL ACTION PLAN FOR 2023 FISCAL YEAR.

CDBG IS AUTHORIZED BY TITLE ONE OF THE HOUSING ACT OF 1974.

THE PRIMARY OBJECTIVE IS TO DEVELOP VIABLE COMMUNITIES.

VIABLE COMMUNITIES ARE ACHIEVED BY PROVIDING THE FOLLOWING, PRINCIPALLY FOR PERSONS LOW AND MODERATE INCOME, DECENT HOUSING, SUITABLE LIVING ENVIRONMENT, AND EXPANDED ECONOMIC OPPORTUNITIES.

THE CONSOLIDATED PLAN IS THE DOCUMENT THAT ACTUALLY IS ADMINISTERED THAT GOVERNS CDBG AND THE CONSOLIDATED PLAN IS MANAGED THROUGH HUD'S INTEGRATED DISBURSEMENT SYSTEM, WHICH IS CALLED IDIS.

IT HELPS GRANTEES TO DETERMINE ACTIVITIES AND ORGANIZATIONS TO FUND IN THE COMING YEAR.

IT DESCRIBES COMMUNITY NEEDS, RESOURCES, PRIORITIES AND PROPOSED ACTIVITIES TO BE UNDERTAKEN UNDER HUD'S PROGRAM FOR THE FIVE YEARS.

SO THE ACTION PLAN IS THE ANNUAL DOCUMENT, AND THE CONSOLIDATED PLAN IS FOR THE FIVE YEAR PERIOD.

EACH YEAR YOU HAVE TO DO A RENEWED PLAN TO LET THE COMMUNITY KNOW WHAT IS BEING DONE THAT SPECIFIC YEAR.

AND IT DESCRIBES PROJECTS THAT ARE FOR PLANNED USES, AND THOSE ARE GOVERNED BY HUD REGULATIONS.

[00:10:06]

NOW ELIGIBLE USES INCLUDE PUBLIC IMPROVEMENTS, FACILITIES, PUBLIC FACILITIES, REHABILITATION OF RESIDENTIAL, NONRESIDENTIAL ACQUISITION OF LAND AND PROPERTY, ECONOMIC DEVELOPMENT ACTIVITIES, PUBLIC SERVICES, AND ALSO FOR PLANNING AND ADMINISTRATION.

THIS YEAR'S ALLOCATION IS 497,807.

AND THESE ARE PRIORITY NEEDS.

THESE NEEDS ARE IDENTIFIED IN THE CONSOLIDATED PLAN, AND THE PRIORITY IS PUBLIC SERVICES AND QUALITY OF LIFE IMPROVEMENTS AND TO PRESERVE AND DEVELOP AFFORDABLE HOUSING.

THIS IS THE BREAKDOWN OF HOW THE FUNDS WILL BE DISTRIBUTED.

20% WILL BE FOR ADMINISTRATION, 15% FOR PUBLIC SERVICES.

AND THE REMAINING GOES TO HOUSING REHABILITATION.

THE CITIZEN PARTICIPATION PROCESS BEGINS TODAY HERE AT THIS MEETING WHERE WE'LL HAVE A PUBLIC HEARING.

THERE'S A 30 DAY COMMENT PERIOD THAT IS REQUIRED BY HUD.

IT WILL LAST THROUGH JULY 12TH WHEN IT GOES TO THE CITY COMMISSION WHERE THERE WILL ALSO BE ANOTHER PUBLIC HEARING.

AGAIN, THESE ARE THE DATES THE PUBLIC HEARING FOR TODAY.

PUBLIC COMMENT DATES TODAY THROUGH JULY 12TH.

ANOTHER PUBLIC HEARING ON THE 12TH AND THE PLAN WILL BE SUBMITTED TO HUD BY AUGUST 16TH.

I WILL TAKE ANY SPECIFIC QUESTIONS THAT YOU MAY HAVE.

GOOD MORNING. I HAVE A QUESTION.

WHAT'S THE BASIS FOR CHOOSING THE PRIORITY FOR.

IS IT ONLY LOW INCOME? BECAUSE I SAW THAT YOU HAD SIDEWALKS, YOU HAD.

THOSE ARE ELIGIBLE USES.

BUT WHEN WE DO THE CONSOLIDATED PLAN, THIS ONE WAS DONE IN 2020 IS FOR FIVE YEARS THAT PLAN WE DO SURVEYS, WE SPEAK WITH STAKEHOLDERS AND IT IDENTIFIES THE PRIORITY NEEDS FOR THAT FIVE YEAR PERIOD.

SO THE TWO PRIORITY NEEDS THAT WERE IDENTIFIED IN THE PLAN WAS PUBLIC SERVICES AND HOUSING PRESERVATION. AFFORDABLE HOUSING.

SO THOSE ARE THE TWO NEEDS THAT WERE IDENTIFIED IN THAT FIVE YEAR PERIOD SO THAT'S WHAT WE HAVE TO FOCUS ON.

OKAY. CAN YOU JUST GIVE ME AN EXAMPLE OF THE YOU SAID 82 PERSONS ASSISTED HERE, SOME EXAMPLES OF WHAT YOU GUYS DID FOR THEM.

I'M SORRY. SAY THAT AGAIN. CAN YOU GIVE ME AN EXAMPLE OF THE YOU SAID 82 PERSONS WERE ASSISTED.

YES.

AN EXAMPLE OF PROJECTS OR.

THAT'S THE PLAN. SO FOR PUBLIC SERVICES, WE IN THE PAST WE HAVE PARTNERED WITH MEALS ON WHEELS OF SOUTH FLORIDA AND ALSO WITH VOICES FOR CHILDREN OF BROWARD.

AND THIS YEAR WE'RE ALSO PARTNERING WITH WOMEN IN DISTRESS.

SO AMONG THOSE THREE ORGANIZATIONS IN THE PLAN, WITH THE FUNDS WE HAVE AVAILABLE, APPROXIMATELY 82 PERSONS WILL BE ASSISTED.

WITH MEALS ON WHEELS IS FOCUSED ON SENIORS WITH VOICES OF CHILDREN IT'S YOUTH WITHIN THE BROWARD COUNTY COURT SYSTEM AND WITH WOMEN IN DISTRESS, IT'S USUALLY FOCUSED ON VICTIMS OF DOMESTIC VIOLENCE AND CHILDREN.

OKAY, PERFECT. THANK YOU.

ANY OTHER QUESTIONS? COULD YOU GO TO THE SLIDE THAT HAS THE BREAKDOWN FOR THE PERCENTAGES OF THE DISTRIBUTION OF THE FUNDS? YEAH, THAT ONE.

SO THE MAJORITY OBVIOUSLY IS HOUSING REHAB.

AND ON THE PREVIOUS SLIDE YOU SHOWED THAT THE PLAN WAS FOR SIX HOUSING UNITS.

HOW IS IT DETERMINED WHICH SIX HOUSING UNITS ARE ELIGIBLE FOR THAT MONEY? AND THEN HOW IS THE FUNDS DISTRIBUTED TO THOSE UNITS AND TO WHOM IS IT DISTRIBUTED TO? OKAY, SO OUR REHAB PROGRAM IS FUNDED WITH THE CDBG FUNDS, WITH SHIP FUNDS, AND ALSO WITH HOME FUNDS THAT WE GET THROUGH THE COUNTY.

AND ALL THE APPLICATIONS FOR THE REHAB PROGRAM GOES THROUGH THE NEIGHBORLY SYSTEM.

IT'S AN ONLINE APPLICATION SYSTEM.

AND IN OUR LOCAL HOUSING ASSISTANCE PLAN, WE HAVE PRIORITIES GOING TO SPECIAL NEEDS FOLKS AND

[00:15:05]

SENIORS. SO WHEN WE OPEN THE APPLICATION EVERY YEAR, ONCE WE GET APPLICATIONS IN, AFTER A PERIOD OF TIME, WE SORT IT BY SPECIAL NEEDS.

THOSE FOLKS THAT ARE IDENTIFIED WITH SPECIAL NEEDS, IT HAS TO BE VERIFIABLE AND ALSO SENIORS.

AND THEN WE PROCESS THOSE APPLICATIONS IN THAT ORDER.

NOW THEY DO HAVE TO BE INCOME ELIGIBLE IN ADDITION TO HAVING THOSE PRIORITY NEEDS.

AND THEN ONCE WE APPROVE THEM FOR THE PROGRAM, THEN WE HAVE INTERNAL INSPECTOR THAT MAKES AN ASSESSMENT IF THEY HAVE LEGITIMATE REPAIRS ACCORDING TO THE PROGRAM GUIDELINES.

AND FROM THAT THEY CREATE A REPORT AND THEN WE BID IT OUT TO OUR CONTRACTORS AND THEN WE PROCEED TO CONSTRUCTION.

SO THE APPLICATION IS SUBMITTED BY THE PROPERTY OWNER, THE APPLICATION FOR THE GRANT.

YES. AND BASED ON WHAT YOU JUST SAID, THE CITY DOES THE WORK FOR THE PROPERTY OWNER.

YES, ABSOLUTELY. THEY DON'T HAVE TO SIGN A CONTRACT WITH THE CONTRACTOR OR PAY ANY MONEY UP FRONT, THAT IT'S ALL HANDLED BY THE CITY.

IT'S HANDLED BY THE CITY.

AND EVEN THOUGH IT SAYS SIX FOLKS, IT MAY BE MORE BECAUSE WE LEVERAGE THOSE FUNDS WITH THE SHIP FUNDS FROM THE STATE AND ALSO THE HOME FUNDS THROUGH THE COUNTY. THAT WAS GOING TO BE MY NEXT QUESTION.

HOW WAS IT DETERMINED THAT THE GOAL WAS SIX? BECAUSE THE MAXIMUM AWARD AMOUNT, THE AVERAGE AWARD AMOUNT IS PROBABLY BETWEEN 30 AND 40,000.

AND WITH THAT 300,000, IT WORKS OUT TO ABOUT SIX FOLKS.

BUT IT CAN ACTUALLY BE MORE BECAUSE WE LEVERAGE IT WITH THOSE OTHER FUNDS.

OKAY. THANK YOU. A FOLLOW UP QUESTION.

HOW MANY APPLICATIONS DID YOU GET LAST YEAR? I THINK IT WAS 378.

IT'S IN THE HIGH THREE HUNDREDS.

WE GET QUITE A BIT OF APPLICATIONS.

AND. MOST OF THE TIME WHEN WE GO THROUGH AND WE PROCESS THE APPLICATIONS, QUITE A BIT OF FOLKS ARE NOT ELIGIBLE OR THERE ARE ISSUES WITH THE PROPERTY OR THEY HAVE OTHER SECOND MORTGAGES.

THERE ARE OF COURSE, ESTABLISHED GUIDELINES FOR PARTICIPATING IN THE PROGRAM.

SO WE DO GET A LOT OF APPLICATIONS.

SOME OF THEM ARE LEGITIMATE AND ELIGIBLE, BUT QUITE A BIT OF THEM ARE NOT.

WHAT'S THE ESTIMATE YOU CAN SEE THAT WE'RE ELIGIBLE? I'M JUST TRYING TO SEE APPLICATION VERSUS ELIGIBILITY VERSUS WHAT WE ACTUALLY DO.

FROM WHAT WE PROCESS WE PROCESS ABOUT 100 BECAUSE FOR THE SIZE OF THE HOUSING UNIT WE CAN'T PROCESS ALL OF THEM.

SO IF WE PROCESS 100, I WOULD SAY MAYBE 20 MAY ACTUALLY BE DONE.

OKAY. SO WE GO THROUGH QUITE A BIT OF APPLICATIONS.

OKAY. THANK YOU.

ANY OTHER QUESTIONS? THOSE CONDOMINIUMS QUALIFY FOR THAT SENIOR CITIZEN TYPE PLACES? YES. CONDOMINIUMS. WE'VE DONE QUITE A BIT OF CONDOS.

SO EACH OWNER WOULD COME TO THE CITY AND GET AN APPLICATION AND THEN FILL IT OUT AS WOULD START THE PROCESS.

RIGHT. THEY CAN APPLY.

BUT WITH CONDOS, THE PROCESS MAY TAKE A LITTLE BIT LONGER BECAUSE THE ASSOCIATION HAS TO APPROVE THE WORK.

SO WOULD IT BE BETTER IF THE ASSOCIATION CAME IN AND APPLIED FOR CERTAIN GENERAL WORK THAT THEY MIGHT WANT TO SEE DONE ON THE PROPERTY BY THE UNIT OWNERS? NO, BECAUSE BUSINESSES CAN'T APPLY.

IT HAS TO BE INDIVIDUAL OWNERS AND THE CONDO ASSOCIATION.

NO, IT HAS TO BE QUALIFIED PERSONS.

NOT [INAUDIBLE]. THANK YOU.

ONE LAST, LAST QUESTION.

WHAT'S THE LOW INCOME GUIDELINES? YEAH. WHAT'S THE AMOUNT FOR ELIGIBILITY? 120% OF THE AREA MEDIAN INCOME CAN BE CHARGED TO OUR SHIP GRANT.

BUT FOR CDBG AND HOME, THEY HAVE TO BE 80% OR LESS OF THE AREA MEDIAN INCOME.

OKAY. ANY OTHER QUESTIONS? ONE OTHER QUESTION.

YES. YEAH, EACH UNIT, FOR EXAMPLE, COULD GET UP TO YOU SAID BETWEEN 30 AND 40,000.

IS THAT CORRECT? NO, THAT WAS THE AVERAGE FOLKS CAN GET UP TO 60,000 FOR VERY LOW INCOME THEY CAN GET UP TO 60,000 IN REPAIRS.

FOR LOW INCOME IT'S 50,000.

AND FOR MODERATE INCOME IT'S 40,000.

SO IT'S ON A SCALE.

THANK YOU. THANK YOU.

[00:20:09]

I SEE SOMEONE JUST STEPPED IN.

CAN WE OPEN PUBLIC HEARING? WELL, HE'S NOT. I THINK YOU JUST WANT TO ASK IF THERE'S ANYONE FROM THE PUBLIC WHO WANTS TO COMMENT.

RIGHT. IS THERE ANYONE FROM THE PUBLIC WHO WANTS TO COMMENT? OKAY. SEEING NONE CLOSE PUBLIC COMMENTS.

CAN WE ASK FOR A MOTION TO RECOMMEND? WHY NOT RECOMMEND? WELL, I RECOMMEND I REALLY, TRULY BELIEVE THAT THE PLAN IS VERY SOLID.

AND THERE'S TRULY A BIG NEED, YOU KNOW, IN THE COMMUNITY, YOU KNOW.

SO I TOTALLY, TOTALLY AGREE.

AND TO MOVE FORWARD WITH IT.

OKAY. SO RECOMMENDATION FOR APPROVAL.

SECOND. OKAY.

SAJEEN BELL-CLARK.

YES. JACQUES MOISE.

YES. DAVID LEVIN.

YES. ERIC GNAGE.

YES. VIOLA WATSON.

YES. MOTION TO MAKE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION PASSED 5 TO 0.

THANK YOU. WE'LL NOW MOVE ON TO 8B.

[8.b TO2530 - An ordinance of the City Commission of the City of Tamarac, Florida amending Chapter 10, Article 4, of the Land Development Code of the City of Tamarac, Florida, entitled “Development and Design Standards”, by making certain deletions and additions, by specifically amending Section 10-4.4, entitled “Landscaping and Tree Preservation”, to allow the City of Tamarac to adopt and enforce its own tree preservation regulations, by providing for comparably stringent requirements and standards to the Broward County Code of Ordinances, Chapter 27, Article XIV, entitled “Tree Preservation and Abuse Ordinance”, by specifically complying with Section 27-407, entitled “Municipal Certification”; providing for severability; and providing for an effective date.]

T02530 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 10, ARTICLE FOUR OF THE LAND DEVELOPMENT CODE OF THE CITY OF TAMARAC, FLORIDA, ENTITLED DEVELOPMENT AND DESIGN STANDARDS BY MAKING CERTAIN DELETIONS AND ADDITIONS BY SPECIFICALLY AMENDING SECTION 10-4.4 ENTITLED LANDSCAPING AND TREE PRESERVATION TO ALLOW THE CITY OF TAMARAC TO ADOPT AND ENFORCE ITS OWN TREE PRESERVATION REGULATIONS BY PROVIDING FOR COMPARABLY STRINGENT RECOMMENDATIONS I MEAN REQUIREMENTS AND STANDARDS TO THE BOARD BROWARD COUNTY CODE OF ORDINANCES CHAPTER 27, ARTICLE 24, ENTITLED TREE PRESERVATION AND ABUSE ORDINANCE BY SPECIFICALLY COMPLYING WITH SECTION 27-407 ENTITLED MUNICIPAL CERTIFICATION PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

WE'LL NOW GO OVER TO THE CITY FOR PRESENTATION.

GOOD MORNING, MAHER MANSOUR, ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT.

WE HAVE A CODE TEXT AMENDMENT FOR LANDSCAPING AND TREE PRESERVATION ORDINANCE ALREADY EXISTING IN OUR CODE OF ORDINANCES.

THE BASICALLY CHAPTER 10 IS THE [INAUDIBLE] ARTICLE FOUR DEVELOPMENT AND DESIGN STANDARDS, UNDER WHICH SECTION 10-4.4 LANDSCAPING AND TREE PRESERVATION. WHY WE'RE DOING THIS.

TO START WITH THE BACKGROUND INFORMATION.

AS PART OF THE CITY'S BEAUTIFICATION EFFORTS, THE CITY COMMISSION DIRECTED STAFF AT THE FEBRUARY 13TH, 2023 STRATEGIC PLANNING SESSION TO REASSESS THE PROCESS AND DEVELOP THE APPROPRIATE MECHANISM TO MOVE THE CITY IN THE DIRECTION OF HAVING MORE AUTONOMY OVER ITS OWN TREE PRESERVATION ENFORCEMENT PROGRAM.

NOW, WE DON'T HAVE THE AUTHORITY.

THE CITY DOESN'T HAVE THE ENFORCEMENT CAPABILITY FOR ITS OWN TREE PRESERVATION.

WE DO IT THROUGH THE COUNTY.

SO BASICALLY, EVERYTHING WHENEVER WE NEED TO DO A TREE PERMIT TREE REMOVAL, IT GOES TO THE COUNTY.

THE PURPOSE OF THE AMENDMENT.

WE HAVE FOUR MAIN POINTS THAT WE THINK THAT THE AMENDMENT WILL BE OF GOOD VALUE FOR THE CITY.

THE CITY'S CURRENT ORDINANCE DOES NOT MEET THE REQUIREMENTS SET FORTH IN THE BROWARD COUNTY CODE OF ORDINANCES TO ADOPT AND ENFORCE THE CITY'S OWN PROGRAM, BUT INSTEAD SUBSERVES THE AUTHORITY TO BROWARD COUNTY.

SO WE NEED TO DO SOMETHING ABOUT THAT BY MEETING THE STRINGENCY REQUIREMENTS SET FORTH BY THE BROWARD COUNTY CODE OF ORDINANCES.

THE PROPOSED TEXT AMENDMENT WILL ENSURE UNIFORM COMPLIANCE WITH CURRENT ESTABLISHED REGULATIONS COVERING TREE PRESERVATION AND ABUSE THROUGHOUT THE COUNTY.

THE THIRD POINT THE CITY'S AUTONOMY OVER ITS OWN TREE PRESERVATION PROGRAM WILL ALLOW FOR A TIMELY RESPONSE TO REGULAR AND URGENT NEEDS ARISING FROM POSSIBLE INSTANCES OF TREE ABUSE, WHICH WILL HELP THE CITY AVOID ADVERSE IMPACTS ON THE NATURAL ENVIRONMENT.

[00:25:02]

AND THE FINAL POINT.

THE PROPOSED AMENDMENT WILL ADVANCE THE CITY BEAUTIFICATION EFFORTS, WHICH INCLUDE LANDSCAPING, TRIMMING AND RELOCATION OF TREES, CLEAN STREETS AND UNIFORM STANDARDS CITYWIDE. ALTHOUGH IT'S A LENGTHY TEXT AMENDMENT.

BUT BASICALLY WE ARE ADDING THE STRINGENCY REQUIREMENTS THAT WE DO NOT CURRENTLY HAVE IN OUR OWN CODE.

AND WE'RE BORROWING FROM BROWARD COUNTY'S CODE OF ORDINANCES TO MAKE IT ACCEPTABLE FOR THEM TO GIVE US THE CERTIFICATION.

SO WE'RE ADDING ALL OF THESE POINTS THEN FOR 10-4.4D DOCUMENTS INCORPORATED BY REFERENCE.

FOR INSTANCE, THE BROWARD COUNTY HAS SEVERAL RESOURCES, FEDERAL, STATE AND COUNTY WIDE THAT THEY NEED ALL THE MATERIALS AND THE CODE NEED TO ADHERE TO THOSE.

SO WE HAVE TO MENTION THAT DEFINITIONS, WE ADD A LIST OF DEFINITIONS WE WHICH WE DID NOT HAVE LIKE TECHNICAL IN PARTICULAR OUR ARBORIST RELATED TERMS THAT WE DID NOT HAVE IN OUR PREVIOUS GENERAL PROHIBITIONS.

WHAT CAN A LIST OF PROHIBITIONS, WHAT CAN NOT BE DONE? BASICALLY AND THE GENERAL EXEMPTIONS WHEN WE CAN EXEMPT A SINGLE FAMILY HOME WITH A TREE INSIDE THE BACKYARD THAT'S PAUSING ANY KIND OF DANGER.

THAT'S SOMETHING ELSE.

SO IT IS EXEMPTED.

TREE REMOVAL, LICENSE REQUIREMENTS AND STANDARDS AGAIN, WE THE COUNTY WAS DOING THAT BEFORE.

NOW WE'RE GOING TO DO IT IN HOUSE.

SO THE CITY WILL BE DOING THIS.

SO WE ADDED THE TREE REMOVAL LICENSE REQUIREMENTS AND STANDARDS, CONSTRUCTION AND LAND CLEARING AS WELL, TREE ABUSE.

NOW ALTHOUGH WE HAD TREE ABUSE BEFORE, BUT WE HAVE ADOPTED THE TREE ABUSE DEFINITION OF THE COUNTY BECAUSE IT'S A LITTLE BIT MORE STRINGENT.

TREE PRESERVATION TRUST FUND IN ORDER TO MOVE AHEAD AND HAVE OUR OWN TREE PRESERVATION ORDINANCE, WE NEED TO SET ASIDE A TREE PRESERVATION FUND.

BASICALLY, WHATEVER MONEY IS COLLECTED THROUGH THIS FUND CAN ONLY BE USED TO PLANT REPLANTING TREES OR PLANTING NEW TREES, BROWARD COUNTY TREES AND PALM REPLACEMENT TABLES. WE ADDED THAT AS WELL.

THEY RECENTLY THE COUNTY RECENTLY UPDATED THEIR OWN TREE IT'S CALLED TREE ABUSE AND PRESERVATION ORDINANCE.

THEY UPDATED RECENTLY AS AS RECENTLY AS THE 23RD OF MAY AND WE ADOPTED THEIR LIST OF NUISANCE TREES, FOR INSTANCE, THEY REMOVED SOME OF THE SPECIES THEY HAD BEFORE AS ACCEPTABLE.

NOW THEY REMOVED THEM AND WE ADHERE TO THAT AS WELL.

SO WE BROUGHT IT IN.

CHANGE TO THE EXISTING CODES.

WE DELETED INSTANCES OF REDUNDANCY BECAUSE IN SOME INSTANCES WHEN WE BORROWED THE LANGUAGE FROM BROWARD COUNTY, WE ALREADY HAVE SOMETHING SIMILAR.

SO WE DID NOT WANT IT TO APPEAR IN A COUPLE OF IN TWO OR MORE PLACES.

WE ELIMINATED ONE OF THESE INSTANCES OF REDUNDANCY.

MINOR EDITING FOR CONTACTS, SUBSECTIONS RENAMING BECAUSE WE ADDED ALL THESE SUBSECTIONS.

OF COURSE, THE NUMBERING WE HAD PREVIOUSLY HAS CHANGED AND THIS IS VERY OBVIOUS.

AND THE LAST ONE WE EDITED OUR CITIES APPROVED PALM AND TREE TABLES BECAUSE WE ALREADY HAVE OUR OWN TABLE FOR THE PLANTING OF TREES.

SO WE ALREADY ADJUSTED THAT AS WELL TO MAKE SURE NOTHING IN THAT LIST CONTRADICTS WHAT THE COUNTY CONSIDERS TO BE A NUISANCE TREE OR INVASIVE SPECIES.

FOR MORE DETAILS OR FOR THE FULL DETAILS IT'S ABOUT 55 PAGE DOCUMENT OF MOSTLY ADDITIONS FROM THE COUNTY, MOSTLY SO YOU FEEL FREE.

IT'S IN THE BACK OF THE AGENDA AND YOU CAN REVIEW OVER EVERYTHING WE ADDED.

AGAIN, THEY WERE ADDED BECAUSE THEY ARE REQUIRED BY BROWARD COUNTY FOR US TO BE ABLE TO ADOPT OUR OWN POLICY AND TO ENFORCE OUR OWN POLICY.

SO THESE ARE THE REQUIREMENTS FROM THEM.

THIS AMENDMENT IS ALIGNED WITH GOAL NUMBER ONE.

TAMARAC IS HOME BEING WELL MAINTAINED, AND THAT WOULD PARTICULARLY REFLECT BE REFLECTED ABOUT THE EXPEDIENCY IN WHICH WE CAN ENFORCE OUR OWN TREE ORDINANCE.

WE CAN ADDRESS IT WITH OUR LOCALLY INSTEAD OF HAVING TO SEND THE VIOLATIONS OR REFERRALS TO THE COUNTY FOR THEM TO COME BACK AND DO THEM FOR US.

SO THIS WAY WE'RE GOING TO BE ABLE TO DO IT ON OUR OWN.

GOAL NUMBER FOUR TAMARAC IS VIBRANT, ATTRACTIVE.

THIS WILL MAKE ONE OF THE GOALS OF THE ONE OF THE POINTS THAT WERE BROUGHT UP BY THE STRATEGIC PLANNING SESSION WAS THE ATTRACTIVE STREETS, THE CLEAN STREETS AND THE UNIFORM, BASICALLY THE WELL-MAINTAINED LANDSCAPING.

AND THIS WILL ASSURE THAT WE HAVE A STANDARD THAT AS EQUALLY STRINGENT AS BROWARD COUNTY, YET WE CAN CUSTOM MAKE IT TO OUR OWN CITY, TO OUR INDIVIDUAL NEEDS.

SO THE RECOMMENDATION BASICALLY IS THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD, THE FAVORABLE RECOMMENDATION OF APPROVAL FOR THE ADOPTION OF THE PROPOSED TEXT AMENDMENT TO CHAPTER 10, ARTICLE FOUR, ENTITLED DEVELOPMENT AND DESIGN STANDARDS, SECTION 10-4.4, ENTITLED LANDSCAPING AND TREE PRESERVATION

[00:30:08]

TO MEET THE STRINGENCY REQUIREMENTS OF BROWARD COUNTY CODE OF ORDINANCES, CHAPTER 27 ACT ARTICLE 14, ENTITLED TREE PRESERVATION AND ABUSED ORDINANCE TO ALLOW THE CITY TO APPLY FOR AND RECEIVE MUNICIPAL CERTIFICATION FROM BROWARD COUNTY TO ADOPT AND ENFORCE THE CITY'S OWN LANDSCAPING AND TREE PRESERVATION ORDINANCE WITHIN THE CITY'S MUNICIPAL BOUNDARIES.

ON FIRST READING AS ITS JUNE 14TH, 2023, MEETING AND ON SECOND READING AT ITS JUNE 28TH, 2023 MEETING AND SEE ATTACHED TEMPORARY RESOLUTION.

ANY QUESTIONS? THANK YOU. ANY QUESTIONS? SO I UNDERSTAND THAT THE PLANNING DEPARTMENT DID THIS BASICALLY AT THE REQUEST OF THE COMMISSION FROM THE FROM THE PLANNING MEETING.

AND I UNDERSTAND THAT THE CHANGES ARE BEING PROPOSED BECAUSE THEY'RE REQUIRED IN ORDER FOR THE COUNTY TO GIVE THE CITY PERMISSION TO INCORPORATE OR HANDLE ITS OWN TREE PRESERVATION.

BUT WHAT I DON'T UNDERSTAND IS IF IN GENERAL, IT SEEMS LIKE WE'RE INCORPORATING THE COUNTY'S STANDARDS INTO THE STANDARDS THAT WE'LL BE ENFORCING OURSELVES WITHIN THE CITY.

WHAT IS THE PURPOSE? OKAY. AGAIN, WE LOOKED AT ADJACENT CITIES LIKE SUNRISE AND CORAL SPRINGS.

MOST OF THESE AND PEMBROKE AND MOST OF THESE CITIES, OR, YOU KNOW, SEVERAL OF THESE CITIES HAVE THEIR OWN CODE ORDINANCES.

AND THE ENFORCEMENT OUR WHEN WE HAVE AUTONOMY OVER OUR OWN ENFORCEMENT, WE CAN SET EVEN HIGHER STANDARDS IF WE WISH TO.

WITH THE WAY THINGS ARE RIGHT NOW, IF A DEVELOPER COMES IN AND WHATEVER IS TREE RELATED, WE'LL AUTOMATICALLY GO TO THE COUNTY AND THEY WILL HAVE TO HANDLE IT.

BESIDES, THEY WILL GET THE FEES AND THEY WILL RESPOND.

THIS WILL OFFER US MORE FLEXIBILITY.

WE THE MINIMUM REQUIREMENT IS TO BE AS STRINGENT AT THEM AS AT THE COUNTY ALREADY IS.

AND THE OTHER REQUIREMENT IS TO HAVE THE CAPABILITY TO DO THAT.

SO WE WOULD NEED OUR OWN EITHER STAFF OR CONSULTANT TO BE ABLE TO DO TO CARRY ON THE TASK.

FROM OUR RESEARCH, WE ALSO NOT ONLY THE CITY COMMISSION RECOMMENDATION, BUT WE ALSO CONDUCT A RESEARCH AND WE'VE TALKED WITH STAFF, TALKED TO OTHER STAFF IN ADJACENT CITIES, AND THEY ALL EXPRESSED THE SENTIMENT OR THE COLLECTIVE FEELING THAT, YEAH, IT IS BETTER THIS WAY TO BE MANAGED ON THE LOCAL LEVEL, LIKE SO MANY OTHER THINGS WE DO LOCALLY.

SO BASICALLY THAT WAS THE MAIN INCENTIVE TO JUST TO BRING IT HERE AND TO BE ABLE TO COLLECT OUR OWN FEES, ENFORCE OUR OWN ORDINANCE.

AND AT THE SAME TIME, AS I SAID, WHILE MAINTAINING ADHERENCE TO THE COUNTY.

SO IT'S UNIFORM. IT'S NOT GOING TO BE ANYTHING PARTICULAR TO US, BUT WE WILL BE ABLE TO DO IT IN A MORE EXPEDIENTLY THIS WAY.

OKAY. THAT ANSWERS MY FIRST QUESTION.

THE SECOND QUESTION WOULD BE WHO IF THIS BECOMES THE CITY'S RESPONSIBILITY, WHO FROM A DEPARTMENT AND A POSITION IS GOING TO ENFORCE THE REFORMS? WE ARE THE ULTIMATE GOAL IS FOR THE COMMUNITY DEVELOPMENT DEPARTMENT TO HAVE.

AND WE ARE GOING TO HAVE A PROCESSION TOWARD HAVING OUR OWN STAFF DOING EVERYTHING AND REQUIRED TO TO CARRY OUT THE ENFORCEMENT PART OF THAT FOR THE TIME BEING.

HOWEVER, FOR THE FIRST PROBABLY THE FIRST YEAR, MAYBE ANOTHER TWO ANOTHER YEAR, WE WILL HAVE TO CONTRACT THE CONSULTANT AND WE ALREADY ARE IN TALK WITH THE CONSULTANTS WHO WILL CARRY OUT THIS AND ON AN AS NEEDED BASIS.

SO THE FOR THIS MOMENT WE KNOW WE HAVE AN IDEA HOW MANY TREE PERMITS GO TO THE COUNTY.

WE WILL EMPLOY THIS CONSULTANT TO TAKE CARE OF THE APPLICATION YOU GO FOR TO DO THE INSPECTIONS, FOR EXAMPLE, OR TO DO THE CITATIONS FOR FOR THIS. SO IT'S GOING TO BE ON AS NEEDED.

WE WILL PAY THROUGH THE FEES WE ARE COLLECTING FROM THE PROGRAM AS WELL.

BUT THE ULTIMATE GOAL IS TO BRING IT HOME, TO BRING IT BACK TO THE COMMUNITY DEVELOPMENT.

AND WE WILL BE DOING THE ENFORCEMENT OURSELVES ONCE WE HAVE THE TRAINING REQUIRED BECAUSE THERE ARE STEPS IN TRAINING, TRAINING TO THE POINT DOESN'T SAY THAT YOU HAVE TO BE A CERTIFIED ARBORIST, BUT THERE ARE COURSES THAT ARE RECOMMENDED BY THE COUNTY.

THEY WERE RECOMMENDED BY ADJACENT CITIES.

THIS WILL GIVE PLANNERS OR OTHER STAFF THE CAPACITY TO ENFORCE THIS ORDINANCE.

SO THE COST OF THE CONSULTANT OR THE STAFF WHEN THE DAY COMES FOR THE STAFF WOULD BE FUNDED BY THE FEES FROM THE PERMIT APPLICATIONS.

THE FEE TO THE GENERAL FUND, THE FEES WILL HAVE TO GO TO THE TREE PRESERVATION FUND.

[00:35:03]

THE FUNDS WE COLLECT HAVE TO GO TO TREE PLANTING AND TREE RELOCATION.

THEY DON'T GO TO PAYING FOR STAFF.

IT WILL BRING IN BACK TO THE TREE FUND THAT WE EXPECT.

AGAIN, THIS IS THE FIRST YEAR, WE HAVEN'T DONE IT YET, BUT THE EXPECTATION IS THAT THEY WILL BALANCE EACH OTHER.

THAT IT WILL WHAT? I'M SORRY. THEY WILL BALANCE EACH OTHER.

WHATEVER WE HAVE TO PAY BECAUSE WE'RE TRYING TO PUT A PRICE ON THE TREES WE PLANT IN THIS WAY AND WE ARE GETTING THAT ALL FROM THIS FUND. SO THE GOAL IS TO BE NET ZERO BASICALLY IN COST.

NOW, I WOULD KEEP IT AT NET ZERO FOR NOW, UNLESS IT'S PROVEN OTHERWISE WHAT WE HAVE HEARD THAT IT'S POSITIVE, BUT TO BE ON THE CONSERVATIVE SIDE, WE'RE SAYING IT'S NET ZERO.

OKAY. THANK YOU.

THANK YOU. IF I MIGHT JUST ADD TO THE DISCUSSION, I JUST WANT TO OFFER A BIT OF EXCITEMENT THAT WE'RE FEELING WITH THIS ITEM ONLY BECAUSE IT'S BEEN SOMETHING THAT WE'VE WANTED TO DO FOR QUITE SOME TIME.

THIS WILL BRING A BENEFIT TO OUR RESIDENTS, A LOCAL BENEFIT.

AS IT IS NOW IF A RESIDENT IS INTERESTED IN REMOVING A TREE, THEN WE HAVE TO DIRECT THEM TO BROWARD COUNTY.

THEY HAVE TO GO THROUGH THAT PROCESS.

WE HAVE EXPERIENCED OURSELF A BIT OF DIFFICULTY OR CHALLENGE WITH THE COUNTY IN JUST OBTAINING OUR OWN TREE REMOVAL PERMIT.

SO THIS IS SOMETHING WE HAVE CONSIDERED FOR A WHILE.

AND I KNOW IN THE LAST STRATEGIC PLANNING SESSION THE CITY COMMISSION WANTED STAFF TO MOVE FORWARD IN GETTING THIS DONE.

SO I JUST WANT TO IDENTIFY THE LOCAL BENEFIT IT BRINGS TO THE RESIDENT IN GETTING THE SERVICE THAT THEY WOULD NORMALLY WOULD HAVE TO GO THROUGH THE COUNTY THROUGH THAT PROCESS, WHICH IS NOT LOCAL.

IN TERMS OF IN TAMARAC, THEY'RE GOING DOWNTOWN HAVING TO DEAL WITH SOMEONE THAT IS NOT FROM THE CITY OF TAMARAC AND THAT BRINGS THAT SERVICE HERE TO OUR RESIDENTS.

PERHAPS ABBREVIATED TOO MUCH BY SAYING EXPEDIENCY.

BUT YES, BASICALLY THIS IS WHAT IT IS.

YEAH. YEAH. AND JUST TO FOLLOW UP TO MAXINE, AS AN ARCHITECT MYSELF, I WHOLLY SUPPORT THIS BECAUSE IT'S FASTER FOR BOTH THE RESIDENTS AND FOR THE APPLICANT.

AND IT'S ALWAYS GOOD TO HAVE EVERYTHING UNDER ONE ROOF.

YES. NOW, WITH THIS NEW CHANGE, WOULD THE CITY BE REQUIRING A LANDSCAPE ARCHITECT TO SIGN THE PLANS OR.

NO, WE'RE NOT GOING TO CHANGE ANYTHING FOR THE DEVELOPMENT APPROVAL PROCESS IS GOING STILL TO BE DONE THE SAME WAY WE'RE NOT INTRODUCING THIS IS NOT PART OF WHAT WE'RE DOING RIGHT NOW. NO.

OKAY. ALL RIGHT.

THANK YOU. ANY OTHER QUESTIONS? THANK YOU FOR THE CLARIFICATION.

SO IT DOES MAKE SENSE.

SO, FOR EXAMPLE, YOU KNOW, AFTER WHICH HURRICANE WAS IT? YOU KNOW, MY NEIGHBOR, YOU KNOW, HAD A BIG TREE THAT FELL OFF ON TOP OF HIS ROOF.

YOU KNOW, IT WAS A DIFFICULT PROCESS.

SO HE HAD TO TRY TO GET A PRIVATE COMPANY OUTSIDE, YOU KNOW, TO ASSIST, YOU KNOW.

SO I THINK IT'S A GREAT PLAN SINCE, YOU KNOW, I'VE BEEN LIVING INSTEAD OF TAMARAC FOR 14 YEARS.

SO I TRULY BELIEVE IN THE CITY.

SO I THINK IT'S A GREAT PLAN.

YOU KNOW, IT IS.

SO YOU JUST WANT TO MAKE THE RESIDENTS, YOU KNOW, AS COMFORTABLE, YOU KNOW.

SO IF I'M HAVING AN ISSUE, I CAN REACH OUT TO THE CITY SO THEY CAN GUIDE ME, YOU KNOW, TO THE RIGHT CHANNEL, THE RIGHT PROCESS, YOU KNOW, TO GET IT DONE INSTEAD OF LEAVING IT TO UP TO THE RESIDENT TO OUTSOURCE SOMEBODY OUTSIDE, YOU KNOW, TO TO GET IT TAKEN CARE OF.

I THINK IT'S A GREAT PLAN.

YEAH. YEAH. AGAIN, THE ENVIRONMENTAL ASPECT OF IT IS NOT GOING TO BE MORE RELAXED OR ANYTHING.

IT'S JUST GOING TO BE THE SAME.

WE'RE ADOPTING THE SAME REQUIREMENTS THE COUNTY DOES, BUT IT BRINGS THE FLEXIBILITY OF DOING IT IN HOUSE.

AND AS YOU ALL SAID, IT JUST MAKE IT EASIER FOR EVERYONE TOO.

THE ONLY OTHER THING I MAY ASK IS WHEN YOU HAVE THE CONSULTANTS, BECAUSE IN OTHER CITIES I'VE DEALT WITH THIS, THAT THEY ONLY COME IN ONCE A WEEK OR AND THE RESPONSE TIME THERE IS JUST AS BAD AS THE.

WE HAVE NOT YET SET A SCHEDULE.

WE ARE WAITING THROUGH THE PROCESS OF REVIEWING HOW WE'RE GOING TO HANDLE IT.

WE WILL HAVE TWO TYPES LIKE 1 OR 2 DAYS PER WEEK AND WE WILL HAVE EMERGENCY CASES, AN EMERGENCY CASE IT MEANS IT REQUIRES IMMEDIATE RESPONSE OR WITHIN AN HOUR OR WITHIN TWO.

AND WE'VE ALREADY DISCUSSED THAT.

AND IT IS THERE AGAIN, BECAUSE PREVIOUSLY IT WAS DONE BY THE COUNTY WE ARE GOING TO SELECT SOMEBODY WHO IS VERY EXPERIENCED AT FIRM, THAT IS VERY EXPERIENCED AND ALREADY DOING THIS FOR OTHER CITIES IN BROWARD COUNTY.

SO WE'RE JUST NOT YOU KNOW, WE'RE NOT TO PICK A CONSULTANT OUT OF THE BLUE.

[00:40:01]

WE'LL PICK SOMEBODY.

THEY'RE ALREADY DOING THIS JOB FOR OTHER MUNICIPALITIES BEFORE THEY TRANSFER.

AND THEY WERE PART OF THE TRANSFER PROCESS AS WELL.

OKAY. IS THE CITY HAS CONSULTANTS FOR ANY OTHER DEPARTMENTS OR REVIEWS? SURE. WE HAVE AN ARCHITECTURAL CONSULTANT.

WE HAVE AN ENGINEER, TRAFFIC ENGINEER CONSULTANT.

WE HAVE SEVERAL. YEAH.

YEAH, WE DO. I'M TALKING ABOUT COMMUNITY DEVELOPMENT ONLY.

WE DO HAVE, YEAH.

OKAY. I THOUGHT MOST OF IT WAS ALREADY IN-HOUSE.

NO, NO.

FOR WHAT YOU MENTIONED IN THE LANDSCAPE REVIEW.

AND WE DO A DEVELOPMENT REVIEWS, THE TRAFFIC STUDY IS REVIEWED BY OUR CONSULTANT, NOT BASICALLY WITH STAFF AS WELL, BUT THE CONSULTANT IS THE ONE WHO IS FULLY, I WOULD SAY, QUALIFIED TO CARRY ON THE ANALYSIS AND ALL THE TRAFFIC RELATED ISSUES.

THE SAME THING WITH WITH ARCHITECTS.

WE DO HAVE STAFF.

HOWEVER, WE HAVE A CONSULTANT ARCHITECTS WHO CARRY OUT CONFORMITY WITH THE CODE ADDRESSES, ISSUES ON SITE PLAN AND ON FACADES, YOU KNOW. YEAH. OKAY. THANK YOU.

VIOLA, YOU HAD A QUESTION? OH, OKAY.

ALL RIGHT. THANK YOU.

OPEN TO PUBLIC HEARING ANYONE FROM THE PUBLIC.

SEEING NONE CLOSE PUBLIC HEARING.

CAN WE NOW ASK FOR A MOTION TO RECOMMEND? I MOVE WE RECOMMEND THIS ITEM.

I'LL SECOND IT.

THANK YOU. MOVING ON TO THE NEXT ITEM 8C.

[8.c TO2532 - An ordinance of the City Commission of the City of Tamarac, Florida; amending Chapter 10, Article 6, entitled “Rules of Construction and Definitions”, by specifically amending Section 10-6.2 entitled “Use Categories and Use Types Defined” of the City of Tamarac Code of Ordinances, to allow for the amendment to the definitions of the use “Child Care Facility”, amending the definition of the use “School”, amending the definition of the use “Auto Towing”, and amending the definition of the use “Auto Wrecking and Salvage Yard”; to allow for updated definitions in accordance with Florida Statutes, providing for codification; providing for conflicts; providing for severability; and providing for an effective date.]

T0-2532 IN ACCORDANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER TEN, ARTICLE SIX, ENTITLED RULES OF CONSTRUCTION AND DEFINITIONS BY SPECIFICALLY AMENDING SECTION TEN 6.2 ENTITLED USE CATEGORIES AND USE TYPES DEFINED OF THE CITY OF TAMPA CODE OF ORDINANCES TO ALLOW FOR THE AMENDMENT TO THE DEFINITIONS OF THE USE CHILD CARE FACILITY.

AMENDING THE DEFINITION OF THE USE SCHOOL, AMENDING THE DEFINITION OF THE USE AUTO TOWING AND AMENDING THE DEFINITION OF THE USE AUTO WRECKAGE AND SALVAGE YARD TO ALLOW FOR UPDATED DEFINITIONS IN ACCORDANCE WITH FLORIDA STATUTES, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

OKAY. GOOD MORNING.

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

THE CITY OF TAMARAC IS PROPOSING A TEXT AMENDMENT TO AMEND THE USE DEFINITIONS IN THE LAND DEVELOPMENT CODE FOR THE FOLLOWING USES.

CHILD CARE FACILITY.

SCHOOL. AUTO TOWING AND AUTO WRECKING AND SALVAGE YARD.

THE CITY'S LAND DEVELOPMENT CODE IDENTIFIES AND DEFINES CHILD CARE FACILITIES, SCHOOL AUTO TOWING AND AUTO WRECKING AND SALVAGE YARD USES.

BUSINESSES HAVE INDICATED THAT USE CATEGORIES AND USE TYPE DEFINITIONS ARE NOT CONSISTENT WITH STATE STATUTES AND HAVE PLACED THESE BUSINESSES AT A COMPETITIVE DISADVANTAGE WITH NEARBY BUSINESSES LOCATED OUTSIDE THE CITY'S JURISDICTIONAL BOUNDARIES.

STAFF IS PROPOSING THE TEXT AMENDMENT TO PROVIDE ADEQUATE DEFINITIONS THAT COMPLY WITH STATE STATUTES AND TO ACCOUNT FOR THE EVOLVING NEEDS OF THE BUSINESS COMMUNITY.

THE PURPOSE OF THE PROPOSED AMENDMENT TO THE LAND DEVELOPMENT CODE TO THE CHILD CARE FACILITY USE DEFINITION IS TO ALLOW A CHILD CARE FACILITY TO INCLUDE PUBLIC SCHOOL AND PRIVATE SCHOOL PROGRAMS REFERENCED IN FLORIDA STATUTES.

FLORIDA STATUTES, 402.3025 ALLOWS PUBLIC AND PRIVATE SCHOOLS TO PROVIDE PROGRAMS FOR CHILDREN WHO ARE BETWEEN 3 AND 5 YEARS OF AGE PROVIDED THE PROGRAMS. IN THE SCHOOLS ARE OPERATED AND STAFFED BY THE SCHOOLS, PROVIDED THE PROGRAMS MEET AGE APPROPRIATE STANDARDS AS ADOPTED BY THE STATE BOARD OF EDUCATION FOR PUBLIC SCHOOLS.

[00:45:01]

PROVIDED THE MAJORITY OF THE CHILDREN ENROLLED IN THE SCHOOLS ARE FIVE YEARS OF AGE OR OLDER FOR PRIVATE SCHOOLS, AND THEN, PROVIDED THERE IS COMPLIANCE WITH THE SCREENING REQUIREMENTS FOR PERSONNEL PURSUANT TO SUBSECTION 402.305 FLORIDA STATUTES FOR PRIVATE SCHOOLS.

ADDITIONALLY, THE PURPOSE OF THE PROPOSED AMENDMENT TO THE LAND DEVELOPMENT CODE TO THE SCHOOL USE DEFINITION IS TO ALLOW SCHOOL PROGRAMS FOR CHILDREN WHO ARE BETWEEN 3 AND 5 YEARS OF AGE, WHICH ARE NOT CHILD CARE FACILITIES, PROVIDED THE PROGRAMS IN THE SCHOOLS ARE OPERATED AND STAFFED BY THE SCHOOLS.

THE PROGRAMS MEET AGE APPROPRIATE STANDARDS AS ADOPTED BY THE STATE BOARD OF EDUCATION FOR PUBLIC SCHOOLS.

A MAJORITY OF THE CHILDREN ENROLLED IN SCHOOLS ARE FIVE YEARS OF AGE OR OLDER FOR PRIVATE SCHOOLS AND THERE IS COMPLIANCE WITH THE SCREENING REQUIREMENTS FOR PERSONNEL PURSUANT TO SUBSECTION 402.305 FLORIDA STATUTES FOR PRIVATE SCHOOLS.

FURTHERMORE, THE PURPOSE OF THE PROPOSED AMENDMENT TO THE LAND DEVELOPMENT CODE TO THE AUTO TOWING USE DEFINITION IS TO INCLUDE VESSEL OR VEHICLE OF ANY KIND WHICH ARE CAPABLE OR INCAPABLE OF BEING OPERATED DUE TO A CONDITION OR LACK OF LICENSE OR REGISTRATION AND TO ALLOW THE SALE OF VEHICLE OR VESSEL AT A PUBLIC SALE FOR CASH IN COMPLIANCE WITH FLORIDA STATE STATUTES.

713.78(6), WHICH STATES THAT A VEHICLE OR VESSEL THAT IS STORED PURSUANT TO SUBSECTION TWO AND REMAINS UNCLAIMED FOR WHICH REASONABLE CHARGES FOR RECOVERY, TOWING AND STORING REMAIN UNPAID AND ANY CONTENTS NOT RELEASED PURSUANT TO SUBSECTION 10TH MAY BE SOLD BY THE OWNER OR OPERATOR OF THE STORAGE SPACE FOR SUCH TOWING OR STORAGE CHARGE 35 DAYS AFTER THE VEHICLE OR VESSEL IS STORED BY THE LIENOR. IF THE VEHICLE OR VESSEL IS MORE THAN THREE YEARS OF AGE OR 50 DAYS AFTER THE VEHICLE OR VESSEL IS STORED BY THE OWNER, IF THE VEHICLE OR VESSEL IS THREE YEARS OF AGE OR LESS AND THEN THE SALE SHALL BE AT PUBLIC SALE FOR CASH.

SO LASTLY, THE PROPOSED AMENDMENT TO THE LAND DEVELOPMENT CODE TO THE AUTO WRECKING AND SALVAGE USE DEFINITION TWO IS TO NOT INCLUDE VEHICLES OR VESSELS INCAPABLE OF BEING OPERATED DUE TO CONDITION OR LACK OF LICENSE OR REGISTRATION THAT HAVE BEEN TOWED, CARRIED, HAULED OR PUSHED FROM PRIVATE, PUBLIC OR PUBLIC PROPERTY.

WHEN SUCH VEHICLE OR VESSEL HAS BEEN ORDERED TO BE IMPOUNDED TO A PUBLIC OR PRIVATE IMPOUND LOT AND TO PROVIDE A CLEAR SEPARATION FROM AN AUTO TOWING USE FROM AN AUTO WRECKING AND SALVAGE YARD USE.

THE LAND DEVELOPMENT CODE IDENTIFIES GENERAL REVIEW STANDARDS TO BE EMPLOYED FOR APPROVAL OF A TEXT AMENDMENT.

THE SEVEN GENERAL REVIEW STANDARDS.

THOSE ARE SHOWN ON THE SCREEN RIGHT THERE IN FRONT OF YOU AND THEN PROVIDED IN THE INTEROFFICE MEMORANDUM.

WE PROVIDE RESPONSES TO EACH OF THESE REVIEW STANDARDS AND AS THEY APPLY TO THE PROPOSED TEXT AMENDMENT.

AND SO THEREFORE, THE DIRECTOR OF COMMUNITY DEVELOPMENT, SHE RECOMMENDS.

SHE IS DETERMINED THAT THE ESTABLISHED CRITERIA FOR THE GRANTING OF TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE HAS BEEN MET.

THIS ITEM SUPPORTS CITY STRATEGIC GOAL NUMBER THREE.

TAMARACK IS ECONOMICALLY RESILIENT BY ESTABLISHING LAND DEVELOPMENT USE CATEGORY AND USE TYPE DEFINITIONS THAT ARE RESPONSIVE TO THE EVOLVING NEEDS OF OUR BUSINESS COMMUNITY. AND SO THE RECOMMENDATION THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION OF APPROVAL FOR THE ADOPTION OF THE PROPOSED TEXT AMENDMENT TO CHAPTER TEN, ARTICLE SIX, SECTION 10-6.2(B) ENTITLED PUBLIC INSTITUTIONAL AND CIVIC USES SUBSECTION 10-6.2(B)(2)(B) AMENDING THE DEFINITION OF THE USE CHILD CARE FACILITY AND SUBSECTION 10-6.2(B)(3)(E) AMENDING THE DEFINITION OF THE USE SCHOOL AND AMENDING CHAPTER TEN ARTICLE SIX, SECTION 10-6.2(D)(6) ENTITLED WASTE AND SALVAGE SUBSECTION 10-6.2(D)(6)(A) AMENDING THE DEFINITION OF THE USE AUTO TOWING AND SECTION SUBSECTION 10-6.2(D)(6)(B) AMENDING THE DEFINITION OF THE USE AUTO WRECKING AND SALVAGE YARD IN THE CITY OF TAMARAC CODE OF ORDINANCES TO THE CITY COMMISSION ON FIRST READING AT ITS JUNE 14TH, 2023 MEETING AND ON SECOND READING AT ITS JUNE 28TH, 2023 MEETING, AND THIS WILL CONCLUDE STAFF PRESENTATION ON THIS ITEM.

I'LL ACCEPT ANY QUESTIONS AT THIS TIME.

THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS? NO, SORRY.

OPEN PUBLIC HEARING.

OPEN. THERE'S NO ONE HERE.

SO WE CLOSE THE PUBLIC HEARING.

[00:50:02]

NO QUESTIONS FROM THE BOARD.

OKAY. CAN I ASK FOR A MOTION TO RECOMMEND OR NOT RECOMMEND THE ITEM? I MOTION TO RECOMMEND CHANGES REQUESTED BY THE CITY.

ANY. ONE SECOND.

I SECOND THE MOTION.

THANK YOU. MOVING ON TO THE NEXT ITEM NINE A.

[9.a TBO 72 - Board Order approving variance applications for Baron Sign Manufacturing, from the following sections in the Code of Ordinances: Section 10-4.10(D)(3)(j)(ii), to allow two (2) monument signs per street frontage for multiple tenant complexes in lieu of one (1) monument sign per street frontage; Section 10-4.1(E)(1)(a), Table 10-4.11, to allow for a maximum sign area of 86.67 square feet for Non-Residential, GFA > 65,000 square feet, in lieu of seventy-two (72) square feet; Section 10-4.1(E)(1)(b)(iii), to allow for a minimum distance of separation of ninety (90) feet as measured directly from sign-to-sign on the same side of the street of non-residential properties versus one hundred fifty (150) feet.]

TBO-72. BOARD ORDER APPROVING VARIANCE APPLICATIONS FOR BYRON SIGN MANUFACTURING FROM THE FOLLOWING SECTIONS IN THE CODE OF ORDINANCES.

SECTION 10-4.1010.

SECTION (D)(3)(J)(II) .

HOW ARE YOU? IS THAT HOW YOU READ IT? IT. SECTION 10-4(D)(3)(J)(II) TO ALLOW TWO MONUMENT SIGNS PER STREET FRONTAGE FOR MULTIPLE TENANT COMPLEXITIES IN LIEU OF ONE MONUMENT SIGN PER STREET FRONTAGE.

SECTION 10-4.1E1A TABLE 10-4.11 TO ALLOW FOR A MAXIMUM SIGN AREA OF 86.67FT² FOR NONRESIDENTIAL.

GFA GREATER THAN 65,000FT² IN LIEU OF 72FT².

SECTION 10-4.1(E)(1)(B)(III) TO ALLOW FOR A MINIMUM DISTANCE OF SEPARATION OF 90FT AS MEASURED DIRECTLY FROM SIGN TO SIGN ON THE SAME SIDE OF THE STREET FOR NON RESIDENTIAL PROPERTIES VERSUS 150FT.

OKAY. GOOD MORNING.

FOR THE RECORD, AGAIN, I'M ROB JOHNSON.

I'M THE SENIOR PLANNER.

COMMUNITY DEVELOPMENT DEPARTMENT, CITY OF TAMARAC.

WE'RE REQUESTING THREE VARIANCES FOR PROPOSED FOR TWO MONUMENT SIGNS.

THE FIRST VARIANCE REQUEST IS FROM 2-B-23 OR IS 2-B-23 FROM SECTION 10-4.10(D)(3)(J)(II) A CODE OF ORDINANCES TO ALLOW TWO MONUMENT SIGNS FOR STREET FRONTAGE FOR MULTIPLE TENANT COMPLEXES IN LIEU OF ONE MONUMENT SIGN PER STREET FRONTAGE.

THE SECOND VARIANCE IS IS TO ALLOW A MAXIMUM SIGN AREA OF 86.67FT² IN LIEU OF 72FT², SO A LITTLE BIGGER.

AND THEN ALSO THE THIRD REQUEST IS TO ALLOW A MINIMUM DISTANCE OF 90FT BETWEEN THE SIGNS INSTEAD OF 150FT.

SO THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF NORTHWEST 88TH AVENUE.

THAT'S ALSO KNOWN AS PINE ISLAND ROAD AND SOUTH OF WEST MCNABB ROAD AT 6800 THROUGH 6900 NORTHWEST 88TH AVENUE.

IT'S DEVELOPED AS THE COLONY WEST GOLF COURSE.

IT INCLUDES THE FAIRFIELD INN BY MARRIOTT HOTEL AND THE COLONY WEST GOLF CLUB.

THAT INCLUDES THE VIEW AT COLONY WEST RESTAURANT.

THE PROPERTY HAS A CITY OF TAMARACK LAND USE.

DESIGNATION OF COMMERCIAL RECREATION IS CLASSIFIED AS RC RECREATION.

SO JUST TO FAMILIARIZE YOURSELF WITH THE LOCATION TO THE NORTH OF THE SUBJECT PROPERTY IS A IS AN ACCESS ROAD.

YOU HAVE AN ACCESS ROAD AND THEN YOU'VE GOT THE WALGREENS PHARMACY AND ALSO THE CYPRESS WALK RESIDENTIAL TOWNHOMES TO THE SOUTH.

THERE YOU HAVE THE CORAL PALMS VILLAS, MULTIFAMILY RESIDENTIAL VILLAS.

THAT'S AN R THREE TO THE EAST IS THE HOLE GOLF COURSE.

AND THEN TO THE WEST, ACROSS PINE ISLAND, YOU GOT THE GREENS WITH TAMARAC CONDOS.

THOSE ARE ZONED R. SO A LITTLE HISTORY.

THE SUBJECT PROPERTY WAS FORMERLY KNOWN AS THE COLONY WEST COUNTRY CLUB, INITIALLY DEVELOPED IN 1972 AND DESIGNED AS A, YOU KNOW, YOUR TYPICAL RECREATIONAL GOLF COURSE

[00:55:05]

WITH THE COUNTRY CLUB.

THE GOLF COURSE REMAINED PRIVATELY OWNED AND OPERATED UNTIL THE CITY WE PURCHASED THE PROPERTY, THE GOLF COURSE, IN 2011.

THEN IN 2016 OF SEPTEMBER, WE THE CITY EXECUTED CONTRACT FOR SALE FOR 2.24 ACRES FOR A PORTION OF THE SUBJECT PROPERTY FOR THE PROPOSED FAIRFIELD INN BY MARRIOTT HOTEL.

AND THEN IN MAY OF 2017, THE CITY COMMISSION THEY GRANTED APPROVAL OF THE MAJOR REVISED SITE PLAN FOR THE HOTEL.

IT WAS 120 ROOM HOTEL AND FOR THE CLUBHOUSE AS WELL.

AND THE CLUBHOUSE HAS THE GOLF COURSE, STORAGE BUILDING AND PARKING AND ADDITIONAL IMPROVEMENTS.

AND THEN FINALLY, ON MAY 2017, THE CITY COMMISSION GRANTED SPECIAL EXCEPTION APPROVAL TO ALLOW FOR THE HOTEL.

SO THE PURPOSE OF THE VARIANCE IS TO ALLOW TWO MONUMENT SIZES AS OPPOSED TO ONE MONUMENT SIGN TO ALLOW THE AREA OF BOTH MONUMENT SIGNS TO EXCEED THE MAXIMUM SIGN AREA PERMITTED BY 14.67FT² FOR EACH SIGN AND TO ALLOW A DECREASE IN MINIMUM SIGN SEPARATION FOR THE MONUMENT SIGNS ON THE SAME SIDE OF THE STREET BY 60FT.

SO SECTION.

SO THE SECTION OF CODE.

THE ONE SECTION OF CODE. SECTION 10-4.10(D)(3)(J)(II) ONLY ALLOWS FOR ONE MONUMENT SIGN PER STREET FRONTAGE. SO THEY'RE PROPOSING TWO MONUMENT SIGNS AND THEN ADDITIONALLY SECTION 10-4.1O(E)(1)(A) A TABLE 10-4.11 HAS THE SIGN STANDARDS AND WHICH ONLY ALLOW A 72FT² MAXIMUM OF 72FT² FOR NON RESIDENTIAL PROPERTIES THAT HAVE A GROSS FLOOR AREA GREATER THAN 65,000FT² AND THE REQUESTED VARIANCES TO ALLOW 86.67FT² FOR EACH MONUMENT SIGN, GROSS SQUARE FEET FOR EACH MONUMENT SIGN.

AND THEN THE MONUMENT SIGNS.

THEY ADVERTISE ALL USES ON THE PROPERTY, THAT BEING THE HOTEL, THE CLUBHOUSE AND THE AND THE AND THE GOLF COURSE. AND THE RESTAURANT.

EXCUSE ME. OKAY.

SO THEN LASTLY, IS SECTION 10-4.10(E)(1)(B)(III).

AND IT REQUIRES A DISTANCE SEPARATION OF 150FT FOR MONUMENT SIGNS ON THE SAME SIDE OF THE STREET.

WE WANT WE'RE PROPOSING TO PLACE THEM ON EACH SIDE OF THE ENTRANCE WAY INTO THE INTO THE INTO THE DEVELOPMENT.

SO YOU'LL HAVE SIGNS ON BOTH SIDES OF THE STREET.

SO THAT ONLY GAVE US 90FT IN BETWEEN THE SIGNS AS OPPOSED TO 150 THAT'S NEEDED.

SO VARIANCE IS A MEANS OF MODIFYING THE ZONING ORDINANCE REGULATIONS WHEN SUCH VARIANCE WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AND WHEN OWING TO THE CONDITIONS PECULIAR TO THE PROPERTY AND NOT THE RESULT OF THE APPLICANTS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY AND UNDUE HARDSHIP.

ONCE AGAIN, THE LAND DEVELOPMENT CODE IDENTIFIES IDENTIFIES GENERAL STANDARDS TO TO BE EMPLOYED.

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

AND SO THOSE EIGHT REVIEW STANDARDS ARE IN ON THE SCREEN IN FRONT OF YOU.

AND THEN IN THE MEMO, WE, THE STAFF PROVIDED RESPONSES TO EACH OF THOSE REVIEW STANDARDS AND HOW THEY APPLY.

SO IT IS THE OPINION OF THE COMMUNITY DIRECTOR OF COMMUNITY DEVELOPMENT THAT THE THREE REQUESTS FOR VARIANCE REACH EACH OF THE GENERAL REVIEW STANDARD CONCLUSIONS BASED ON FINDINGS OF FACT SUPPORTED BY COMPETENT, SUBSTANTIAL AND MATERIAL EVIDENCE.

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

AND SO THIS ALSO SUPPORTS TAMARACK'S GOAL STRATEGIC PLAN.

GOAL NUMBER THREE TAMARAC IS ECONOMICALLY RESILIENT.

THE APPROVAL OF THE VARIANCE WILL ALLOW THE ECONOMIC GROWTH OF THE COLONY WEST GOLF COURSE GUARANTEEING THE GOLF CLUB THE VIEW AT COLONY WEST RESTAURANT AND THE FAIRFIELD INN HOTEL GIVING THEM A PLACE TO THRIVE IN THE CITY.

THE DIRECTOR OF COMMUNITY DEVELOPMENT IS THE RECOMMENDATION RECOMMENDS THAT THE PLANNING BOARD FORWARD A FAVORABLE RECOMMENDATION FOR THE THREE PROPOSED VARIANCE REQUESTS FROM THE REQUIREMENTS OF SECTION 10-4.1 SIGNS 4.10 SIGNS OF THE CITY'S CODE OF ORDINANCES TO THE CITY COMMISSION AT ITS JUNE 28TH, 2023

[01:00:01]

MEETING. AND THIS CONCLUDES STAFF PRESENTATION, AND I'LL ACCEPT ANY QUESTIONS AT THIS TIME.

SO THERE YOU GO. THE.

PUBLIC HEARING IS OPEN.

SEEING NONE WE CAN CLOSE ANY QUESTIONS OR COMMENTS FROM THE BOARD.

THIS QUESTION ISN'T NECESSARILY RELATED TO THE SPECIAL EXCEPTION, BUT THE SIGN.

SINCE THE GOLF COURSE IS OWNED BY THE CITY OF TAMARAC, WILL THE SIGNAGE BE OWNED BY THE CITY OF TAMARAC? YES, IT WILL BE ON OUR PROPERTY AND OWNED BY US.

WELL, YEAH, IT'LL BE ON OUR PROPERTY.

YEAH. MY COMMENT AND IT'S PRETTY MUCH A PERSONAL COMMENT IS THAT SIGN IS BORING AND TWO OF THEM WOULD BE TWICE AS BORING.

THE CITY HAS BEEN WORKING WITH HOMEOWNERS ASSOCIATIONS AND WHATNOT OVER THE PAST FEW YEARS TO UPDATE THEIR NEIGHBORHOOD ENTRY SIGNS, KIND OF PROVIDING A MODERN LOOK TO THEM AND A DEGREE OF UNIFORMITY.

SIGNS THAT LOOK LIKE THOSE WOULD LOOK A HELL OF A LOT BETTER IN MY OPINION, EXCUSE MY LANGUAGE THAN THIS SIGN WOULD, BECAUSE, YOU KNOW, THEY INCORPORATE THE SQUIGGLY LINE THAT HAS KIND OF THE SWISH TAMARAC CITY OF TAMARAC LOGO, ESPECIALLY IF THIS IS THE CITY OF TAMARAC SIGN AND THE STONE LOOK THAT'S ON THEM.

SO MY QUESTION WOULD BE, DO WE HAVE ANY SAY IN THE APPEARANCE OF THE SIGN OR IS THIS SPECIFICALLY FOR THE EXEMPTION TO HAVE THE TWO SIGNS IN THE TWO LOCATIONS? I WOULD DEFER TO THE DIRECTOR ON THIS.

THANK YOU, ROB. AND THANKS FOR THAT QUESTION.

UNFORTUNATELY, BECAUSE IT'S THE MARRIOTT SIGN AND AS YOU KNOW, THEY HAVE CERTAIN TRADE RIGHTS, CERTAIN LOOKS OF THEIR SIGN OR INPUT IS VERY LIMITED.

THE VENDOR WAS SELECTED BY THE CITY, BUT THE SIGN HAD TO BE APPROVED BY MARRIOTT.

YEAH, I DIDN'T THINK THAT THERE WOULD BE ANY OPTION OF MODIFYING THE FAIRFIELD MARRIOTT PORTION.

I WAS MORE REFERRING TO THE LARGE GRAY COLONY WEST AREA, WHICH IN MY OPINION WOULD BE BETTER SUITED TO BE SIMILAR TO WHAT WE'RE, YOU KNOW, DOING FOR THE NEIGHBORHOODS IN FRONT.

YEAH, THAT'S GREAT. WELL, WE CAN WE CAN TAKE THAT INTO CONSIDERATION.

WE'LL GO BACK AND SEE IF THERE CAN BE ANY ADJUSTMENT.

THE VIEW THE RESTAURANT AS WELL IN COLONY WEST, THAT'S THEIR OWN LOGO YOU SEE THERE, WHICH IS A LITTLE BIT DIFFERENT FROM THE CITY'S.

AND THAT WAS THROUGH A MARKETING EXERCISE THAT THE CITY UNDERTOOK TO GET THAT LOGO.

BUT WE CAN CERTAINLY TAKE YOUR COMMENTS UNDER CONSIDERATION AND GO BACK TO SEE WHAT ELSE COULD BE DONE.

OKAY. THANK YOU. WHILE I DON'T HAVE AN OBJECTION TO THE DESIGN PER SE, WHAT I WOULD HAVE LIKED TO SEE IS THE DESIGN IN CONTEXT.

THE SIGN IN CONTEXT.

DO YOU HAVE LIKE A RENDERING OR A PHOTO THEMES OR ANYTHING SHOWING THE SIGN IN RELATION TO THE WHERE IT'S GOING TO BE ON THE PROPERTY? NO, I MEAN, WE JUST HAVE THESE TWO AND THEN THIS GRAPHIC THAT SHOWS THE LOCATION BECAUSE WE'RE ASKING FOR A VARIANCE.

GRANTED, IT'S NOT MUCH SQUARE FOOTAGE, BUT I WOULD JUST LIKE I WOULD LIKE TO SEE.

YOU KNOW THE SIGN AND IT'S IN THE BACKGROUND OR THE.

YEAH, SHE'S LOOKING FOR THE BUILDING.

THERE'S SOME COORDINATION WITH THE BUILDING.

IT'S A LOT OF GRAYS THAT ARE IN THE BUILDING.

RIGHT. SO WE CAN AT LEAST MATCH THE COLOR OR, YOU KNOW, IT DOES.

IT DOES. THERE'S A LOT OF GRAYS AND SO.

ARE YOU FAMILIAR? THIS IS A COLONY WEST WHERE THE HOTEL IS STILL UNDER CONSTRUCTION WHERE YOU HAVE TODAY? YES. YES.

FOR THE BOARDS AND COMMITTEE LUNCHEON.

SO THERE'S A LOT OF GRAYS THAT ARE IN WHICH, OF COURSE, IS BEING USED AS A MORE MODERN PALETTE.

NOW YOU'RE SEEING ALL OVER.

SO THE HOTEL IS HAS GRAYS AS WELL AS COLONY WEST.

THERE'S GRAYS AS WELL.

AND THEN THE HOTEL HAS LIKE A MUSTARD KIND OF A YELLOW, WHICH I DIDN'T SEE ANY HERE.

SO, YOU KNOW, I WAS KIND OF LOOKING TO SEE IF THEY KIND OF I BELIEVE THE HOTEL ALSO HAS THE STONE LOOK ON THE GROUND FLOOR ALSO.

YES, THERE ARE SOME STONE FEATURES ON THERE.

AND THEN COLONY WEST IS GRAY WITH SOME BLUE BLUE TONES IN IT AS WELL.

BUT AND THERE'S A WHITE ERIC.

YOU HAVE YOUR LITTLE SQUIGGLY AT THE BOTTOM OF THE SCREEN.

YOU CAN JUST. ENVISION IT MOVING IT UP AND THE SIGN IS ALSO BACKLIT.

SO YOU KNOW, IT WILL LIGHT UP SO THE FAIRFIELD BY MARRIOT THE VIEW SO IT'S BACKLIT WHICH MEANS IT WILL ADD SOME CHARACTER SOME VIBRANCY.

YEAH RIGHT.

AND I WANT THE SIGN THERE BECAUSE I'VE DRIVEN PAST THAT PLACE HUNDREDS OF TIMES AND I WAS JUST COMPLAINING THAT I HAVE TO DRIVE ALL THE WAY DOWN AND MAKE A U-TURN.

[01:05:04]

SO. ALL RIGHT.

ANY OTHER QUESTIONS FROM THE BOARD? I'M EXCITED TO HEAR THAT YOU'RE GOING TO HAVE A SIGN THERE BECAUSE I DIDN'T THINK IT WAS VERY VISIBLE YESTERDAY WHEN I WAS STAYING THERE.

YOU CAN'T EVEN SEE IT FROM THE STREET.

SO THIS SIGN GOING TO BE SOMETHING THAT PEOPLE CAN SEE FROM THE STREET.

SO YOU'RE PROMOTING WHAT YOU HAVE BACK THERE AND IS IT GOING TO BE VERY LIGHTED? I HEARD THAT YOU JUST MENTIONED LIGHTING AND THAT IS IMPORTANT.

YES, THE SIGNS WILL BE BE VISIBLE FROM.

FROM. FROM THE STREET.

FROM. YEAH, FROM PINE ISLAND ROAD AS YOU DRIVE BY RIGHT TO THE ENTRANCE THERE.

OKAY. YEAH. ALL RIGHT.

ALL RIGHT. ANY OTHER QUESTIONS? NONE. OKAY.

CAN I HAVE A MOTION TO APPROVE WITH THE RECOMMENDATION? I APPROVE.

WHO MADE THE MOTION? OH, I DID. I'LL SECOND IT.

PASS 5 TO 0.

THANK YOU. MOVE ON TO THE FINAL ITEM.

9B TBO-74.

[9.b TBO 74 - Board Order approving/denying Special Exception approval for D&G Towing and Recovery, LLC, to allow for auto towing use in the I-2 (Industrial) zoning district, pursuant to the Tamarac Code of Ordinances]

BOARD ORDER APPROVING OR DENYING SPECIAL EXEMPTION APPROVAL FOR D&G TOWING AND RECOVERY LLC TO ALLOW FOR AUTO TOWING USE IN THE I-2 INDUSTRIAL ZONING DISTRICT PURSUANT TO THE TAMARAC CODE OF ORDINANCES.

DO WE HAVE ANYONE FROM THE PUBLIC TO MAKE A PRESENTATION OR WILL THE CITY GO FIRST? NOW, THE APPLICANT IS NOT IN ATTENDANCE TODAY.

SO THE CITY. CITY WILL FEEL WE CAN PRESENT.

WE CAN PRESENT WITHOUT THE APPLICANT.

OKAY. OKAY.

ALL RIGHT. SO FOR A THIRD TIME, I'M ROB JOHNSON, SENIOR PLANNER, COMMUNITY DEVELOPMENT DEPARTMENT.

DAMIAN SILVERA, DESIGNATE AGENT FOR THE PROPERTY OWNER, JARVI CORPORATION AND ASSOCIATES, IS REQUESTING MODIFICATION OF CONDITIONS OF SPECIAL EXCEPTION APPROVED BY THE CITY COMMISSION ON JANUARY 25TH, 2023, FOR D&G TOWING AND RECOVERY LLC.

THAT ALLOWED FOR A PROPOSED ORDER TOWING USE IN AN I TWO ZONING DISTRICT PURSUANT TO THE TABLE OF ALLOWED USES AND SECTION TEN DASH 3.2 CODE OF ORDINANCES, THE SUBJECT PROPERTY JUST TO FAMILIARIZE FAMILIARIZE EVERYBODY AGAIN IS LOCATED EAST OF PROSPECT ROAD AT 2760 NW 55 COURT.

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

THE PROPERTY IS APPROXIMATELY 1.2 ACRES IN SIZE, HAS A CITY OF TAMARAC FUTURE LAND USE, DESIGNATION OF AN INDUSTRIAL AND A ZONING CLASSIFICATION OF I TWO.

AND THEN. AND THEN ADJACENT TO THE PROPERTY TO THE NORTH, YOU HAVE INDUSTRIAL WAREHOUSES ACROSS THE STREET TO THE SOUTH, YOU HAVE THE TAMARACK LAKES NORTH, THIRD SECTION, SINGLE FAMILY SUBDIVISION, WHICH IS ZONED R-1 TO THE EAST.

WE HAVE AN INDUSTRIAL PAVING MANUFACTURER IN THE INDUSTRIAL DISTRICT SUPER STAR SEAL OF FLORIDA.

IT'S ZONED I-2 AND THEN TO THE WEST OF THE SUBJECT PROPERTY IS AN HVAC AND GENERATOR RENTAL BUSINESS NAMED PRODUCTION POWER AND AIR.

IT'S ZONED I-2 AS WELL.

SO JUST THE HISTORY AGAIN TO FAMILIARIZE EVERYBODY UPON ANNEXATION.

THE SUBJECT PROPERTY ORIGINALLY CONTAINED A TRUCKING AND TRANSPORT COMPANY, RAPID TRANSPORT AND RECOVERY.

THE TRUCKING AND TRANSPORT COMPANY WAS REPLACED IN 2012 WITH TOILET TAXI.

THEY RENT THE PORTA POTTIES.

A TOILET TAXI WAS THERE UNTIL 2018 AND THEN THE CURRENT PROPERTY, JAVA PROPERTY OWNER, JARVI CORPORATION AND ASSOCIATES, HAS BEEN THEY'VE BEEN UTILIZING THE SITE AS A TOWING FACILITY SINCE 2021.

THERE IS A BUSINESS REVENUE CODE CASE ADDRESSING THIS USE THAT HAS NOT RECEIVED CITY APPROVAL YET.

AT THIS TIME, THE SUBJECT PROPERTY CONTAINS AN EXISTING METAL BUILDING IN THE SOUTHWEST CORNER THAT IS CONNECTED TO AN OPEN METAL GARAGE BUILDING VIA A COMMON ROOF AND AN ACCESSORY.

ONE STORY OFFICE BUILDING, AN ACCESSORY SHED IN THE REAR OF THE PROPERTY.

THE PROPERTY ABUTS A RESIDENTIALLY ZONED DISTRICT TO THE REAR AND IS SEPARATED BY A CHAIN LINK FENCE, WHICH IS APPROXIMATELY 15 TO 12FT OFF THE

[01:10:09]

PROPERTY LINE. SO ON JANUARY 25TH, 2023, THE CITY COMMISSION APPROVED AN INITIAL REQUEST FOR A SPECIAL EXCEPTION APPROVAL TO ALLOW FOR THE PROPOSED AUTO TOWING USE IN AN I TWO ZONING DISTRICT WITH THE FOLLOWING CONDITIONS OF APPROVAL.

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

APPROVAL OF THE SPECIAL EXCEPTION IS CONTINGENT UPON COMPLETION APPROVAL AND COMPLETION OF A BUILDING PERMIT FOR THE PROPOSED IMPROVEMENTS SHOWN ON A BOUNDARY SITE PLAN THAT THEY PROVIDED AT THAT TIME WITH A SIX FOOT WALL.

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

NUMBER FOUR, 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.

NUMBER SIX, THE AUCTIONING OF VEHICLES OR OTHER TYPES OF TRANSPORT FROM THE SUBJECT PROPERTY IS STRICTLY PROHIBITED.

AND THEN NUMBER SEVEN, THE APPLICANT AGREES THAT ANY TRANSFER OF SPECIAL EXCEPTION, INCLUDING ALL ASSOCIATED CONDITIONS, WILL BE ACKNOWLEDGED BY THE NEW OWNER IN WRITING.

SO D&G TOWING THEIR EXISTING TOWING BUSINESS THAT WAS RELOCATING FROM 83 835 NORTHWEST SEVENTH TERRACE IN THE CITY OF FORT LAUDERDALE. THE WEBSITE SHOWED THAT THEY HAD JUNK CAR REMOVAL, THAT THEY HAVE MONTHLY AUCTIONS, THAT THEY BUY JUNK CARS.

SO. SO WE'RE CHANGING.

SO WE DID THE CODE CHANGE TO CHANGE THE CODE TO COMPLY WITH STATE STATUTES.

AND SO I READ THIS BEFORE TO YOU WHICH ALLOWS THE STATE STATUTE ALLOWS FOR THE SALE OF VEHICLES AT PUBLIC SALE THAT HAVE BEEN THAT HAVE BEEN STORED FOR 35 DAYS AND THE PERSON HASN'T COME TO PICK IT UP, THEN THEY CAN SELL THE VEHICLE AT SALE THROUGH AUCTION.

AND SO THAT WAS THE STATE STATUTE.

SO OUR CONDITIONS WASN'T IN COMPLIANCE WITH STATE STATUTES.

AND SO THE APPLICANT BROUGHT IT TO OUR ATTENTION.

AND SO THAT'S WHY WE WERE PROPOSING THE TAX CODE CHANGE AS WELL.

AND THEN SO WE'RE, SO THE CITY IS CONCURRENTLY PROPOSING THE TEXT AMENDMENT TO THE AUTO TOWING AND AUTO WRECKING SALVAGE YARD TO INCLUDE THE TERM VESSEL SO THAT WE CAN FALL IN LINE WITH STATE STATUTE BECAUSE BEFORE WE TERMED IT AUTOMOBILE.

SO WE ADDED VESSEL OR VEHICLE OF ANY KIND.

AND THEN ALSO TO UPDATE THE DEFINITION OF AUTO TOWING TO INCLUDE THE REMOVAL OF MOTOR VEHICLE OR VESSEL OF ANY KIND WHICH ARE INCAPABLE OF BEING OPERATED DUE TO CONDITION OR LACK OF LICENSE OR REGISTRATION, AND TO ALLOW THE SALE OF VEHICLE OR VESSEL AT PUBLIC SALE FOR CASH TO COMPLY WITH STATE STATUTES.

SO THAT'S BECAUSE THERE WERE IT'S BECAUSE TOWING COMPANIES, TOW VEHICLES THAT ARE IN ALL TYPES OF SHAPES THAT COULD BE GET IN AN ACCIDENT AND IT'S UNABLE TO BE DRIVEN.

AND SO THAT REALLY WASN'T IN LINE WITH OUR WITH OUR DEFINITION.

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

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

AND SO WE'RE PROPOSING AND THEN YOU HAVE THE CURRENT DEFINITION OF AUTO WRECKING AND SALVAGE YARD, WHICH STATES ANY LOT UPON WHICH TWO OR MORE MOTOR VEHICLES OF ANY KIND WHICH ARE CAPABLE OF BEING OPERATED DUE TO A CONDITION OF LACK OF LICENSE OR REGISTRATION, HAVE BEEN PLACED FOR THE PURPOSE OF OBTAINING PARTS FOR RECYCLING OR RESALE WHERE THIS WHERE THE AUTO WRECKING AND SALVAGE OUR DEFINITION SPEAKS DIRECTLY TO VEHICLES BEING INCAPABLE OF BEING OPERATED.

BUT THE SAME COULD BE.

COULD BE.

INOPERABLE OR INCAPABLE VEHICLES COULD BE TOWED FROM BY AN AUTO TOWING USE.

SO THAT'S WHY WE WANTED TO MAKE THAT MAKE THAT CHANGE.

AND THEN ALSO THE AUTO TOWING.

SO SO THEN OUR PROPOSED DEFINITION OF AUTO TOWING INCLUDE THE REMOVAL OF A MOTOR VEHICLE OR VESSEL OF ANY KIND WHICH ARE CAPABLE OR INCAPABLE OF BEING OPERATED DUE TO CONDITION OR LACK OF LICENSE OR REGISTRATION BY TOWING, CARRYING, HAULING OR PUSHING FOR PUBLIC OR PRIVATE PROPERTY.

WHEN SUCH VEHICLES HAS BEEN IMPOUNDED TO ORDERED TO BE IMPOUNDED TO A PUBLIC OR PRIVATE IMPOUND LOT.

SO NOW WE'RE INCLUDING VEHICLES THAT CAN'T BE OPERATED.

AND THEN ALSO WE'RE INCLUDING THIS SHALL INCLUDE THE SALE OF VEHICLE OR VESSEL AT A PUBLIC SALE FOR CASH IN COMPLIANCE WITH FLORIDA STATUTES SEVEN 1378 SIX AND SHALL NOT INCLUDE AN AUTOMOBILE SERVICING USE THAT HAS TOW TRUCK AND REPAIR VEHICLES ON SITE.

[01:15:02]

SO THEN WE'RE ADDING THE ABILITY TO ADD THE SALE.

TO ALLOW THE PUBLIC AUCTION.

OKAY. SO THEN OUR PROPOSED AUTO WRECKING AND SALVAGE YARD DEFINITION IS ANY LADDER ANY LOT UPON WHICH TWO OR MORE MOTOR VEHICLES OR VESSELS OF ANY KIND WHICH ARE INCAPABLE OF BEING OPERATED DUE TO CONDITION OR LACK OF LICENSE OR REGISTRATION HAS BEEN PLACED, OR FOR THE PURPOSE OF OBTAINING PARTS FOR RECYCLING OR RESALE. THIS DOES NOT INCLUDE MOTOR VEHICLES OR VESSELS INCAPABLE OF BEING OPERATED DUE TO LACK OF DUE TO CONDITION OR LACK OF LICENSE OR REGISTRATION THAT HAVE BEEN TOWED, CARRIED, HAULED OR PUSHED FROM PUBLIC OR PRIVATE PROPERTY WHEN SUCH VEHICLE HAS BEEN ORDERED TO BE IMPOUNDED TO A PRIVATE LOT.

SO WE'RE PROVIDING A CLEAR DISTINCTION BETWEEN THE AUTO TOWING AND AUTO WRECKING AND SALVAGE YARDS.

SO THE UPDATE TO THE DEFINITION FOR AUTO TOWING IN THE LAND DEVELOPMENT CODE.

IT'S GOING TO RELIEVE THE APPLICANT OF CONDITION NUMBER FOUR, NUMBER FIVE AND NUMBER SIX THAT WERE PREVIOUSLY APPROVED IN THE PREVIOUSLY APPROVED SPECIAL EXCEPTION FOR D&G TOWING AS MOTOR VEHICLES OR VESSELS OF ANY KIND WHICH ARE CAPABLE OR INCAPABLE OF BEING OPERATED MAY NOW BE TOWED OR STORED WITH THE ALLOWANCE OF PUBLIC SALE FOR CASH OF MOTOR VEHICLES OR VESSELS OF ANY KIND IN ACCORDANCE WITH THE STATE STATUTES.

SO THAT'S WHY WE'RE COMING BEFORE YOU NOW TO ALSO CHANGE THE SPECIAL EXCEPTION BECAUSE WE'RE CHANGING THE TEXT DEFINITIONS OF THE CODE, WHICH WERE NOT COMPLIANT WITH STATE STATUTES.

SO THEN IN ADDITION, THE APPLICANT IS PROPOSING A MODIFICATION TO CONDITION NUMBER TWO OF THE PREVIOUSLY APPROVED SPECIAL EXCEPTION TO NOT INCLUDE THE REQUIREMENT OF A MINIMUM SIX FOOT HIGH CBS WALL AS THERE IS AN EXISTING CHAIN LINK FENCE LOCATED BETWEEN 12 AND 15FT FROM THE REAR PROPERTY LINE.

THERE'S ALSO EXISTING TREES LOCATED ALONG THE FENCE LINE AND EXISTING SHED ADJACENT TO THE EXISTING CHAIN LINK FENCE THAT WILL PREVENT THE PLACEMENT OF A NEW WALL WITHOUT MODIFICATION TO THE EXISTING TREES AND TO THE SHED.

SO WHEN WE WENT OUT THERE AND WE TOOK A LOOK AT IN ORDER TO PLACE THE WALL, IT WAS REALLY DIFFICULT TO PLACE THE WALL DUE TO EXISTING TREES AND SHEDS WITHOUT HAVING TO REMOVE LARGE SHADE TREES.

AND WE DIDN'T WANT TO FORCE THE PROPERTY OWNER TO REMOVE THESE LARGE, LARGE SHADE TREES THAT THAT THAT WERE IN THAT WERE IN FINE CONDITION.

SO THEN IN ADDITION.

SO THEN SO THEN LASTLY, CONDITION NUMBER THREE OF THE PREVIOUSLY APPROVED SPECIAL EXCEPTION.

WE'RE CLARIFYING CONDITION NUMBER THREE TO ALLOW THE REPAIR AND REFUELING OF COMMERCIAL VEHICLES ASSOCIATED WITH THE AUTO TOWING USE.

THAT WASN'T VERY CLEAR IN THE LAST WHEN WE APPROVED THE SPECIAL EXCEPTION.

SO NOW WE'RE REALLY CLARIFYING IT TO STATE ANY TYPE OF REPAIR OR REFUELING OF A MOTOR VEHICLE OR VESSEL OF ANY KIND THAT HAS BEEN IMPOUNDED ON THE SUBJECT.

PROPERTY IS STRICTLY PROHIBITED.

SO THE PURPOSE OF THE SPECIAL EXCEPTION IS TO PROVIDE FOR INDIVIDUAL REVIEW OF CERTAIN USES THAT DUE TO THE NATURE RELATIONSHIP TO THE COMPREHENSIVE PLAN AND POTENTIAL ADVERSE IMPACTS OF SURROUNDING AREAS REQUIRE SPECIAL CONDITION 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.

AND SO AGAIN, THE LAND DEVELOPMENT CODE, IT GIVES US ABOUT TEN, IT GIVES US TEN STANDARDS TO MEET FOR A SPECIAL EXCEPTION.

AND THEN WE WERE PROVIDED RESPONSES TO THOSE STANDARDS IN THE MEMO AS THEY APPLY TO THIS SPECIAL EXCEPTION REQUEST.

SO THE APPROVAL OF THE MODIFICATION OF THE CONDITIONS OF SPECIAL EXCEPTION APPROVED BY THE CITY COMMISSION ON THE JANUARY 25TH FOR 2023 FOR TOWING RECOVERY, IT SUPPORTS THE GOAL NUMBER THREE OF THE TAMARAC CITY OF STRATEGIC PLAN, WHICH IS TAMARAC, ECONOMICALLY RESILIENT BECAUSE WE'RE BEING BUSINESS FRIENDLY.

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

THE APPROVAL OF THE MODIFICATIONS OF CONDITIONS OF SPECIAL EXCEPTION APPROVED BY THE CITY COMMISSION ON JANUARY 25TH, 2023 FOR D&G TOWING AND RECOVERY ALSO SUPPORTS POLICY 10.8 OF THE FUTURE LAND USE ELEMENT, WHICH STATES THE FACILITATE THE DEVELOPMENT OF COMMERCIAL AND INDUSTRIAL UTILITIES AND OTHER NON RESIDENTIAL LAND USES TO ENSURE THEY ARE LOCATED IN A MANNER COMPATIBLE WITH ADJACENT LAND USES AND DO NOT ADVERSELY AFFECT THE HEALTH, SAFETY, WELFARE OR ESTHETICS OF EXISTING OR FUTURE RESIDENTIAL AREAS.

SO AS SUCH, THE DIRECTOR OF COMMUNITY DEVELOPMENT RECOMMENDS THAT THE PLANNING BOARD FOR A FAVORABLE RECOMMENDATION FOR THE MODIFICATIONS OF CONDITIONS OF A SPECIAL EXCEPTION

[01:20:03]

APPROVED BY THE CITY COMMISSION ON JANUARY 25TH, 2023, FOR TOWING AND RECOVERY THAT ALLOWED FOR A PROPOSED AUTO TOWING USE IN AN I TWO ZONING DISTRICT TO THE CITY COMMISSION AT ITS JANUARY 20TH JUNE 28TH, 28 JUNE 28TH, 2023, MEETING WITH THE FOLLOWING CONDITIONS OF APPROVAL.

SO NOW WE ONLY HAVE THREE CONDITIONS OF APPROVAL.

WE'RE KEEPING THE SAME FIRST CONDITION.

APPROVAL OF SPECIAL EXCEPTION IS CONTINGENT UPON APPROVAL AND COMPLETION OF THE BUILDING PERMIT FOR SAFETY THROUGH THE BUILDING DEPARTMENT THAT ANY TYPE OF REPAIR OR REFUELING OF A MOTOR VEHICLE OR VESSEL OF ANY KIND THAT HAS BEEN IMPOUNDED ON THE SUBJECT PROPERTY IS STRICTLY PROHIBITED.

AND THEN THE APPLICANT AGREES THAT ANY TRANSFER OF SPECIAL EXCEPTION, INCLUDING ALL ASSOCIATED CONDITIONS, WILL BE ACKNOWLEDGED BY THE NEW OWNER IN WRITING.

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

THANK YOU. I HAVE.

QUESTION. ONE OF THE ITEMS THAT YOU REMOVED WAS ABOUT AUCTIONING ON ON PREMISES.

YES. SO THAT IS NOW ALLOWED? YES, CORRECT. THE STATE STATUTES ALLOWS THE SALE OF THE SALE OF THE VEHICLES FOR CASH IN THE STATE STATUTES ALLOWS THAT.

SO AND THEY DO THAT THROUGH AUCTION.

AND SO SO WHAT WAS WHAT WAS THE FIRST REASON WHY THE CITY WANTED TO PROHIBIT THE AUCTION? BECAUSE WE DIDN'T HAVE AUCTIONS WITHIN OUR CODE.

OKAY. WE DIDN'T HAVE AN AUCTION.

NOTHING TO DO WITH A RESIDENTIAL AREA.

NO, WE DIDN'T HAVE AN AUCTION.

WE DIDN'T HAVE AN AUCTION USE WITHIN OUR CODE.

OKAY. DO YOU HAVE ANY PHOTOS OF THE REAR THAT.

FOR WHERE YOU HAD PROPOSED THE WALL OR WE WERE ASKING THEM TO DO THE WALL.

YOU SAID THAT'S PART OF THE PRESENTATION.

NO, WE JUST HAVE THE OVERHEAD.

YOU CAN SEE IT ON THE OVERHEAD. YOU CAN SEE THAT AGAIN.

I HAVE THE VIEW RIGHT THERE.

I MEAN, YOU CAN REALLY SEE THE TREES BACK THERE.

TO THE NORTH EAST IN THE REAR OF THE PROPERTY THERE.

OKAY. ANY OTHER QUESTIONS? SO IF YOU DON'T WANT TO REMOVE THE TREES, WHAT TYPE OF BARRIER IS GOING TO BE BACK THERE FOR MAKING SURE THE PROPERTY IS SECURE AND THERE'S AN EXISTING FENCE? OH, THERE IS A FENCE.

THERE'S AN EXISTING CHAIN LINK FENCE IN THE REAR THERE.

ERIC? FOLLOWING UP ON THE QUESTIONS ABOUT THE PROPERTY LINE THERE AGAINST THE HOUSES IN.

IN LIEU OF HAVING THE WALL BUILT.

DO WE HAVE THE ABILITY TO APPROVE THIS WITH THE CONDITION THAT THEY.

UH, PROVIDE SOME SORT OF VISUAL LANDSCAPING BARRIER AT THE FENCE.

SO THOSE 2 OR 3 HOUSES RIGHT THERE AREN'T LOOKING DIRECTLY INTO THE LOT, WHICH I UNDERSTAND THEY IF THERE'S NOT A BARRIER THERE ALREADY, THEY ALREADY ARE, BUT THEY'RE COMING ASKING FOR A SPECIAL EXCEPTION.

SO THIS IS OUR CHANCE TO HELP THEM OUT.

SO DO WE HAVE THE AUTHORITY TO MAKE THAT AS A CONDITION? YES. APPROVAL? YES.

YOU DO THAT AS THE BOARD, YOU CAN RECOMMEND THAT AS A CONDITION.

WHICH IS WHY I TO SEE IF YOU KNOW.

YEAH. DO YOU KNOW IF YOU CAN SEE THROUGH THE FENCE? I DON'T BELIEVE YOU CAN.

I MEAN, THERE'S SO MUCH SHRUBBERY THERE, YOU KNOW, AND I THINK THE PROPERTY OWNER HAS THE RESIDENTIAL PROPERTY OWNER HAS SOME ON THEIR SIDE.

YEAH. YEAH. AS SOME PLANTS ON THEIR SIDE.

THAT WAS SORT OF THE ISSUE.

YEAH. ROB AND IS THIS A SITUATION WHERE ONE OF THE PROPERTY OWNER HAS THEIR STRUCTURE, THE SHED THAT IS ENCROACHING ONTO? WELL, WE DON'T KNOW IF IT'S ENCROACHING ONTO THE SUBJECT PROPERTY BECAUSE THERE COULD BE A PROPERTY LINE DISPUTE THERE. THE CURRENT PROPERTY OWNER, THE SUBJECT PROPERTY OWNER HAS A SURVEY WHICH SHOWS THAT THEY OWN 15FT BEYOND THE FENCE.

AND THEN THE PROPERTY OWNER, THE RESIDENTIAL PROPERTY OWNER TO THE SOUTH, HAS A SURVEY SHOWING THAT THEY OWN TO THE FENCE.

SO THERE COULD BE A PROPERTY LINE DISPUTE THERE, WHICH WOULD BE BETWEEN THE INDIVIDUAL PROPERTY OWNERS.

THAT WOULD BE A LEGAL MATTER BETWEEN THE PROPERTY OWNERS.

UH, MY OTHER QUESTION, IF YOU COULD GO BACK TO THE SLIDE THAT SHOWS THE PROVISIONS THAT ARE BEING REMOVED FROM THE PREVIOUS APPROVAL.

THIS ONE.

THAT ONE? YEAH.

SO ITEM NUMBER THREE IS MODIFYING THAT TO SAY THAT THEY CAN'T REPAIR THE. THE VEHICLES, VEHICLES THAT THEY'VE IMPOUNDED.

[01:25:05]

CORRECT. DOES THE LAND USE THAT'S ALREADY IN PLACE FOR THAT AREA ALREADY PREVENT THEM FROM REPAIRING ANY OTHER VEHICLE? NO. IT WOULD ALLOW THEM TO REPAIR THEIR VEHICLES AND REFUEL THEIR VEHICLES ON THE SITE, THE COMMERCIAL VEHICLES ASSOCIATED WITH THE TOWING BUSINESS.

WHAT WOULD PREVENT THEM FROM ME GOING THERE AND SAYING, HEY, I NEED A NEW BATTERY IN MY CAR? CAN YOU DO IT? NOT NOT THAT ANYBODY WOULD.

BUT IS THERE ANYTHING THAT PREVENTS SOMEBODY FROM BRINGING THEIR OWN VEHICLE THAT DOESN'T WORK FOR THE THIS CONDITION TOWING COMPANY? THIS CONDITION WOULD.

WELL, THIS SAYS IMPOUNDED.

I'M ASSUMING MY VEHICLE IS NOT IMPOUNDED, THAT I JUST WANT AN OIL CHANGE OR SOMETHING.

WELL, IT'S NOT ALLOWED. THE USE ISN'T PERMITTED.

THAT'S NOT A PERMITTED USE.

AUTO REPAIR ISN'T RIGHT.

IT'S NOT A TOWING.

IT'S NOT AN AUTO REPAIR BUSINESS.

CORRECT. THERE WOULD BE OTHER CONDITIONS THAT WOULD NEED TO BE MET FOR AN AUTO TOWING AUTO REPAIR BUSINESS IN THAT LOCATION.

AND IF YOU GO TO THE NEXT SLIDE THAT HAS THE LAST ONE ON IT, WHICH ONE? NO, DON'T YOU HAVE ANOTHER SLIDE THAT JUST HAS ONE PROVISION BEING DELETED? ISN'T THERE LIKE A NUMBER EIGHT THAT GOES BACK? YEAH, THE WALL ONE.

THE WALL.

YEAH. SO MY COMMENT THERE WOULD BE THAT APPROVED BASED ON THERE ALREADY THERE BEING EITHER AN EXISTING OR PLANNED VISUAL BARRIER OF LANDSCAPING ANY TO YOU KNOW, YOU CAN SEE I AGREE.

IT LOOKS PRETTY ROUGH IN THERE.

YEAH, IT'S PRETTY ROUGH IN THERE.

I MEAN, IT'S VERY ROUGH WHEN YOU GO BACK THERE AND THEN YOU CAN SEE THAT THE PROPERTY OWNER TO THE SOUTH, THE RESIDENTIAL PROPERTY, THEY HAVE A SHED, YOU KNOW, RIGHT IN THE CORNER OF THEIR PROPERTY.

AND THAT'S, YOU KNOW, THAT COULD BE IN IN QUESTION AS ITS LOCATION.

AND SO WE DIDN'T WANT TO DISTURB THAT EITHER.

OKAY, THAT'S IT. THANK YOU.

SO I'M GOING TO AGREE WITH WHAT ERIC SAID, THAT WE APPROVE ON THE RECOMMENDATION THAT AN OPAQUE SEPARATION, WHETHER IT'S A FENCE OR.

LANDSCAPING TO THE FENCE BE ADDED.

SO YOU LIKE A VISUAL, OPAQUE, LIKE THE SCREENING THEY PUT ON THE FENCE, THE GREEN SCREENING.

WOULD THAT BE OKAY? YEAH, YOU CAN PUT THE GREEN MESH OR.

YEAH, WHATEVER. OR LANDSCAPING.

GREEN MESH OR LANDSCAPING.

RIGHT. OKAY. I MEAN, THE CITY ALREADY SAID THAT IT'S SUFFICIENT, BUT I CAN'T DETERMINE THAT BECAUSE THERE'S NO PICTURES.

SURE. SURE. SO DO WE WANT TO ADD THEN, IF APPROPRIATE, OR IF NECESSARY? IF. YEAH, SO NECESSARY.

BY WHOM? IF RECOMMENDED BY THE BY STAFF AFTER REVIEW, MAYBE.

OKAY. YES. I WANT TO PUT IT BACK TO THE CITY.

MAYBE AFTER REVIEWING YOUR PICTURES OR SOMEONE GO.

SURE. SO WE'LL GO BACK OUT AND SEE IF THERE'S AN OPPORTUNITY FOR ANY OF THAT IMPROVEMENT.

SO, YEAH, MAYBE THERE'S A FOUR INCH, FOUR FEET GAP IN THE FENCE THAT'S EXISTING.

YEAH, WE'LL GO BACK OUT AND CHECK TO SEE IF THERE'S AN OPPORTUNITY FOR FURTHER IMPROVEMENT.

YEAH. ALL RIGHT.

MOTION TO APPROVE ANYONE ON THIS ITEM.

OKAY. I'M SORRY. GO AHEAD.

YEAH. THE PROPERTY.

THE RESIDENTIAL THAT'S ADJACENT.

ARE THEY OKAY WITH THIS IN THEIR BACKYARD? WELL, THEY'VE WRITTEN THIS.

THEY. THEY.

I RECEIVED AN EMAIL FROM THE PROPERTY OWNER IN IN THE REAR QUESTIONING THE REAR PROPERTY LINE.

AND I RESPONDED TO THE PROPERTY OWNER IN THE MANNER THAT I DID JUST RECENTLY BY SAYING THAT THAT WOULD BE A LEGAL MANNER.

LEGAL MATTER BETWEEN THE TWO PROPERTY OWNERS IF THERE IS A PROPERTY LINE DISPUTE AND WE BELIEVE THERE IS ONE.

AND ARE THEY DISPUTING THIS PRESENTLY OR NOTHING HAS BEEN DONE? NO, THEY'RE NOT DISPUTING IT.

THEY'RE JUST COULD BE THERE COULD BE A POTENTIAL DISPUTE IN THE FUTURE.

BUT THERE'S NO DISPUTE CURRENTLY.

BUT THE PROPERTY OWNER TO THE SOUTH, THEY HAVE A SURVEY SHOWING THAT THEY OWN PROPERTY, WHICH THE PROPERTY OWNER TO THE NORTH HAS A SURVEY SHOWING THAT THEY OWN.

SO WE HAVE A CONFLICT IN SURVEYS.

AND IS THAT CONFLICT OVERLAP WHERE THE FENCE OR THE.

NO, THE FENCE IS 15FT BACK.

SO SO YOU KNOW, SO THE FENCE IS ON THE PROPERTY LINE.

BUT NOT YOU KNOW, IF YOU LOOK AT THE SURVEY THAT'S ON YOUR SCREEN, YOU CAN SEE THE FENCE AT IT'S 15 TO 12FT FROM FROM THE PROPERTY LINE.

YOU CAN SEE THEY HAVE A SHED THAT'S RIGHT UP AGAINST THERE.

AND THEN YOU CAN SEE IF YOU LOOK AT THE PICTURE, THE PROPERTY TO THE SOUTH HAS A SHED, WHICH WOULD BE WHICH ABUTS THE FENCE, WHICH WOULD BE IN THAT 12 FOOT AREA.

OKAY. I JUST DIDN'T WANT US TO BE MAKING A RECOMMENDATION THAT'S NOT EVEN ON THE SUBJECT PROPERTY.

[01:30:01]

SO. RIGHT. AND THAT'S A DIFFICULTY, WHICH IS WHY WE DON'T BELIEVE THAT THIS CONDITION CAN BE SATISFIED GIVEN THE CONDITION OF THE BUILT ENVIRONMENT AND THE DISPUTE THAT, YOU KNOW, RELATIVE TO THE PROPERTY LINE.

OKAY. SO IS HE GOING? IS THE PROPERTY GOING TO BE CLEANED UP A BIT? DO THEY HAVE BOATS AND ALL THESE THINGS ON THE PROPERTY? YES, THEY DO. THEY'RE GOING TO BE STORING STORING ITEMS THAT THEY TOW ON THE PROPERTY.

YOU KNOW, IT'S AN INDUSTRIAL.

IT'S AN I-2 PROPERTY.

THEY USED TO HAVE THE TOILET TAXI BUSINESS ON IT.

IT'S OUR MOST INTENSE ZONING DISTRICT.

WHICH ALLOWS FOR THESE TYPES OF ACTIVITIES.

OKAY. ANY OTHER QUESTIONS FROM THE BOARD? OKAY. HEARING NONE.

CAN I HAVE A MOTION TO APPROVE WITH RECOMMENDATIONS AND OR ADDED RECOMMENDATION FOR THE SCREENING? I MOTION TO APPROVE WITH THE RECOMMENDATIONS BY THE CITY AND THE NEW RECOMMENDATIONS BY THE BOARD.

CAN I HAVE A SECOND? I SECOND THE MOTION.

CONDITIONS ADDED BY THE BOARD, PASSED 5 TO 0.

THANK YOU. UM, DO WE HAVE ANY PLANNING BOARD REPORTS? NO. OKAY.

DIRECTOR'S REPORT.

YEAH. THANKS AGAIN AND GOOD MORNING.

[11. Director's Report]

JUST WANT TO THANK THE MEMBERS THAT ATTENDED THE BOARDS AND COMMITTEE LUNCHEON YESTERDAY.

IT WAS GOOD SEEING YOU.

SO THANK YOU AGAIN FOR COMING OUT AND WANT TO REPORT ON THE ITEMS THAT WERE CONSIDERED BY THIS BODY ON WEDNESDAY, MAY 3RD.

AT YOUR LAST MEETING, WE CONSIDERED THE MCDONALD'S ITEM, WHICH THE APPLICANT AT THE LAST CITY COMMISSION MEETING ASKED THAT THE ITEM BE POSTPONED TO BE CONSIDERED AT NEXT WEDNESDAY'S CITY COMMISSION MEETING.

SO THAT ITEM WAS NOT HEARD BY THE CITY COMMISSION, BUT WILL BE HEARD NEXT WEDNESDAY, JUNE 14TH BY THE CITY COMMISSION.

AND THE OTHER ITEM THAT WAS HEARD, WELL, HAVE NOT BEEN HEARD, BUT IT WAS POSTPONED AT THE LAST MAY 3RD MEETING, WHICH IS THE VARIANCE FOR THE BARREN SIGNS WHICH YOU HEARD TODAY.

THAT ITEM WILL BE GOING TO THE JUNE 28TH CITY COMMISSION MEETING.

I THINK THOSE WERE THE ONLY ITEMS THAT WERE HEARD OR CONSIDERED AT THE MAY 3RD MEETING.

AS IT RELATES TO THE NEW MEMBERS, WE HAVE TWO NEW MEMBERS TO JOIN THE PLANNING BOARD AND YOU HAVE SEEN AND HEARD FROM JACQUES MOISE, WHO IS CURRENTLY SERVING AND AS WELL AS ALEXANDRA ALVAREZ, WHICH WE THOUGHT WOULD BE IN ATTENDANCE BUT IS NOT HERE.

SO HOPEFULLY SHE'LL BE AT THE NEXT MEETING.

AND ON THIS AGENDA, WE ALSO HAD THE ELECTION OF CHAIR AND VICE CHAIR.

AND AS I REPORTED EARLIER, WE WILL MOVE THAT ITEM TO THE NEXT MEETING, TO THE MEETING IN JUNE.

SO WE'RE ASKING YOU TO COME PREPARED.

DURING THAT ELECTION PROCESS, WE ASKED EACH OF YOU TO PREPARE OR TO INTRODUCE YOURSELF IN TWO MINUTES TO YOUR BOARD MEMBERS SO THEY CAN HAVE A CLEAR UNDERSTANDING AS TO YOUR INTERESTS AND WHO YOU ARE.

AND THEN THE ELECTION WILL BE DONE DURING THAT MEETING.

I'LL TAKE ANY QUESTIONS YOU HAVE NOW.

NONE. OKAY.

THAT'S MY REPORT.

THANK YOU. THANK YOU.

I MOVE TO ADJOURN. THANK YOU.

THANK YOU, GUYS.

* This transcript was compiled from uncorrected Closed Captioning.