HomeMy WebLinkAboutR-2019-029 City Approving Variance Request (VA-12-19) Submitted by Shutts & Bowen LLP, on Behalf of Las Olas Studios, Inc. & Industry Consulting Group, Inc. for Property Located - 300 E Dania Bch Blv RESOLUTION NO. 2019-029
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST (VA-12-19)
SUBMITTED BY SHUTTS & BOWEN LLP, ON BEHALF OF PROPERTY
OWNERS LAS OLAS STUDIOS, INC. AND INDUSTRY CONSULTING
GROUP, INC. FOR PROPERTY LOCATED AT 300 E. DANIA BEACH
BOULEVARD, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY
DESCRIBED IN EXHIBIT "A," A COPY OF WHICH IS ATTACHED TO
THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 28, the "Land Development Code" (the "LDC"), Part 6,
"Development Review Procedures And Requirements," Article 625, "Variances" of the of the
City Code of Ordinances (the "City Code"), Shutts & Bowen, LLC, on behalf of property owners
Las Olas Studios, Inc. and Industry Consulting Group, Inc. (the "Applicant"), has applied to the
City of Dania Beach (the "City"), for approval of a Variance (VA-12-19) for property legally
described in Exhibit"A" and incorporated into this Resolution by this reference; and
WHEREAS, LDC Section 625-40 states that the City Commission may grant a Variance
based on its determination that the Applicant has demonstrated that the criteria identified in the
LDC have been satisfied; and
WHEREAS, the Applicant has requested a Variance (VA-12-19) to permit a medical
marijuana retail center to locate within a radius of 909.73 feet of another retail pharmacy or
medical marijuana retail center, where pursuant to LDC Section 110-190(C)(3) separation of a
minimum of 1,000 feet between such uses is required; and
WHEREAS, the Applicant has provided sufficient justification demonstrating
compliance with the approval criteria to meet the requirements of the LDC; and
WHEREAS, public notice was provided in accordance with law; and
WHEREAS, the City Commission finds that approval of the requested Variance is
consistent with the City's LDC and Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing "WHEREAS"clauses are ratified and confirmed as being
true and correct and they are made a specific part of this Resolution.
Section 2. That pursuant to Chapter 28, the "Land Development Code," Part 6,
"Development Review Procedures And Requirements," Article 625, "Variances," of the LDC,
the application for Variance (VA-12-19) approval, a copy of which is attached as Exhibit `B,"
which is made a part of and is incorporated into this Resolution by this reference, is hereby
approved.
Section 3. That pursuant to Section 625-50 "Expiration of Variances" of the Land
Development Code, the Variance approval (VA-12-19) shall automatically expire and become
null and void unless the Applicant files a complete building permit application with construction
drawings within eighteen(18) months from the date of this Resolution.
Section 4. That the issuance of a development permit by a municipality does not in
any way create any right on the part of an Applicant to obtain a permit from a state or federal
agency, and does not create any liability on the part of the municipality for issuance of the permit
if the Applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a
state or federal agency, or undertakes actions that result in a violation of state or federal law.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED on March 12, 2019.
ATTEST:
THOMAS SCHNEIDER, CMC LORI 1,6WELLEN
CITY CLERK �� MAYOR
ISNED'�
APPROVED AS TO FORN AND CORRECTNESS:
THOMAS J. ANSBkCj
CITY ATTOIY
2 RESOLUTION#2019-029
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL IDENTIFICATION NUMBER
5042-34-27-0020
A portion of "DANIA GOLF COURSE", as recorded in Plat Book 32, Page 17, of the
Public Records of Broward County,Florida, being described as follows:
Commencing at the northwest corner of said plat, run on an assumed bearing of S 01
52' 23" W along the westerly boundary of said plat 23.07 feet; thence, S 89" 42' 18" E
along the south right-of-way of State Road A-1-A (Dania Beach Boulevard) 25 feet to a
Point of Beginning; thence, continue S 891 42' 18" E 150 feet; thence S 0° 52' 23" W
parallel with the westerly boundary of said plat 150 feet thence, run N. 891 42' 18" W
150 feet; thence, N 01 52' 23" E parallel with the westerly boundary of said plat 150 feet
to the Point of Beginning. Said land being situate, lying and being in the City of Dania,
Broward County, Florida.
EXHIBIT "B"
(VARIANCE APPLICATION)
Lajoie, Corinne
From: Kathryn Mehaffey <KMehaffey@wsh-law.com>
Sent: Monday, March 04, 2019 11:38 AM
To: Ansbro,Tom; Lajoie, Corinne; La Ferrier, Marc;Adams, Lori
Cc: James E.White
Subject: Measurement for Medical Marijuana and Pain Management Clinic distances
After reviewing and evaluating the code the correct distance measurement methodology would be a radius measured
from front door to front door. As stated previously, it has not been clearly set out in the code and should be clarified to
reflect your chosen policy in the future. In the meantime,of the available methodologies the door to door
measurement should be used for consistency. I apologize for any confusion. Kathy
Kathryn Mehaffey
x
Zoo East Broward Blvd.,Suite igoo I Fort Lauderdale,FL 33301
r' (954)763-4242 t`; (954)764-7770 s, Et- d
U U U
THINK BEFORE YOU PRINT
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(954)763-4242 or by return e-mail and delete the message,along with any attachments.
Pursuant to the Fair Debt Collection Practices Act,this communication is from a debt collector.Any information obtained will be used for the
purpose of collecting a debt.
1
Lajoie, Corinne
From: Wray, Macee
Sent: Thursday, February 28, 2019 8:42 AM
To: Lajoie,Corinne
Subject: RE:Violation check - Med. Marijuana
There are no active code cases/liens on the property.
11 Macee Ringgold
Code Compliance Coordinator I City of Dania Beach
mwray@daniabeachfl.gov I daniabeachfl.gov
100 W Dania Beach Blvd. I Dania Beach, FL 33004
DANIA BEACH Phone: 954-924-6800 ext. 3790 1 Fax: 954-924-6812
SAA It.UA(L O4 It.
This email and any files transmitted with it are confidential and intended solely for the use of the individual or
entity to which they are addressed. Access to this email by anyone else is unauthorized. If you are not the
intended recipient, any interception, copying, distribution, disclosure or use of this transmission or any
information contained in it is strictly prohibited, and maybe subject to criminal and civil penalties.
From: Lajoie, Corinne
Sent: Wednesday, February 27, 2019 3:09 PM
To: Wray, Macee
Subject: Violation check- Med. Marijuana
Can you please let me know if there are any open violations or liens on the folio number 5042-34-27-0020?
The sooner the better,sending to the City Manager on Friday.
Thank you.
Corinne Lajoie
Planning&Zoning Manager I City of Dania Beach
claioie@daniabeachfl.Rov daniabeachfl.gov
100 W Dania Beach Blvd. Dania Beach, FL 33004
DANK BEACH Phone: 954-924-6805 ext. 3704 1 Fax:954-922-2687
NA If.IN it,WYE It
This email and any files transmitted with it are confidential and intended solely for the use of the individual or
entity to which they are addressed. Access to this email by anyone else is unauthorized. If you are not the
intended recipient, any interception, copying, distribution, disclosure or use of this transmission or any
information contained in it is strictly prohibited, and may be subject to criminal and civil penalties.
1
Shutts li Bowen LLP
East Broward Boulevard, Suite 2100
Fort Lauderdale, Florida 33301
JUSTIFICATION STATEMENT
STANDARDS FOR CODE COMPLIANCE
VARIANCE REQUEST
Submitted February 7,2019
EXECUTIVE SUMMARY
Shutts & Bowen LLP is the authorized agent for Las Olas Studios, Inc, the Applicant for the
above referenced application is requesting a variance as more particularly described herein for
the property located at 300 E. Dania Beach Boulevard.
4 !in IMNOW"M
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a
LOCATION MAP
The approval of this application will allow a currently vacant building to be occupied by a
permitted use by right, specifically a Medical Marijuana Retail Center (MMRC) or Medical
Marijuana Treatment Center (MMTC) as indicated in Section 110-20—List of permitted, special
exception and prohibited uses.
WPBDOCS 9859782 1
VARIANCE REQUEST:
The Applicant is requesting that the City Commission grant a variance from the provisions of
Sec. 110-190, - Uses subject to minimum separation distances, specifically the distance
requirement in Subsection (C)(3), that no MMRC shall be permitted to locate within a one-
thousand (1,000)foot (ft.) radius of another retail pharmacy or MMRC whereby, in this instance,
the distance between the entrance to the proposed MMRC and the entrance to the Publix to
access the accessory pharmacy is nine-hundred-nine-and seventy—three-one-hundredths (909.73)
ft. This equates to only a 10% reduction in the separation distance requirement. A copy of the
signed and sealed Specific Purpose Survey dated Feb. 7, 2019 and prepared by Professional
Surveyors, Inc.is attached.
BACKGROUND
The facility will be operated as a Surterra Wellness Center. Surterra Wellness is a licensed
MMTC with 21 locations across the State of Florida. While any patient or guest may enter the
wellness center, only patients with a recommendation from a qualified physician may purchase
cannabis products. Typically, there are four to five wellness coordinators on site who provide
education to the patients and can also offer private conversations in consultation rooms.
No cultivation or processing occurs on-site and products arrive packaged and finished, ready for
sale. Products are then dispensed from the secured pantry in the back-of-house similar to a
traditional pharmacy. No active products are shown on the sales floor and only sample packaging
is used for display. Finally, similar to others MMTC's, Surterra wellness centers have state
required security features including, but not limited to,controlled access and security cameras.
Florida Statutes 381.986 Medical use of marijuana. — 2(8) MEDICAL MARIJUANA
TREATMENT CENTERS
States:
(c) A medical marijuana treatment center dispensing facility may not be located within 500
feet of the real property that comprises a public or private elementary school, middle school, or
secondary school unless the county or municipality approves the location through a formal
proceeding open to the public at which the county or municipality determines that the location
promotes the public health, safety, and general welfare of the community.
RESPONSE: The proposed MMTC complies with the minimum state requirements for
separation from schools as outlined in the statute. Please see the letter included with this
application prepared by Steve S. Grasley, P.E. of K2M Design certifying that there are no
schools within 500 feet of the MMTC.
RESPONSE: In addition to complying with the state requirements for separation, the MMTC
also complies with all other standards outlined in the statute.
VARIANCE STANDARDS
Sec. 625-40. -Variance review criteria; city action.
(A) The city commission or planning and zoning board, as applicable, shall hold its public
hearing and, after consideration of the staff recommendation and public input,if any, may
deny, approve or approve with conditions the application for variance, based upon its
W PBDOCS 9859782 1
determination that the petitioner has demonstrated that the criteria provided in the
following subsections (1) through (5)have been satisfied:
(1) That the requested variance maintains the basic intent and purpose of the
subject regulations, particularly as it affects the stability and appearance of the
city;
Response: The requested variance maintains the basic intent and purpose of the subject
regulations, particularly as it affects the stability and appearance of the city. The site is located
within the East Dania Beach Boulevard Mixed-Use District (EDBB-MU) which is one of the
Community Redevelopment Areas (CRA) of the City. As outlined in these regulations, the
purpose and intent of inclusion in a CRA is to promote redevelopment, allow a wide range of
land uses to accommodate real estate market cycles, and provide flexibility in the permitted uses
of land while at the same time allowing for multiple uses in buildings. Specifically, the Code
requires a separation distance of 1,000 ft. between the MMTC and a retail pharmacy. The
closest pharmacy is not the traditional retail pharmacy like the typical Walgreens or CVS'; in
fact, it is an accessory pharmacy located inside of a Publix Supermarket.
(2) That the requested variance is otherwise compatible with the surrounding land
uses and would not be detrimental to the community;
Response: As stated above, the site is located within the EDBB-MU CRA. It is an existing
vacant building located along East Dania Beach Boulevard which is one of the main corridors
in this CRA. It is completely surrounded on all sides by EDBB-MU and the area is pre-
dominantly completely built out. The site has been developed as commercial and remains
developed as commercial, therefore the request remains compatible with the surrounding land
uses and would not be detrimental to the community.
(3) That the requested variance is consistent with, and in furtherance of, the goals,
objectives and policies of the adopted Comprehensive Plan, as amended from time
to time,and all other similar plans adopted by the city;
Response: As a commercial use, this application is not only consistent with and in compliance
with the City's Comprehensive Plan, but furthers the goals, policies and objective of the City's
redevelopment areas.
(4) That the plight of the petitioner is due to unique circumstances of the property or
petitioner which would render conformity with the strict requirements of the subject
regulations unnecessarily burdensome; and
Response: The variance request is for a reduction in the separation distance between an
MMTC and a retail pharmacy, specifically, is a separation reduction from 1000 ft. to 909 ft.
between two existing commercial buildings. The unique circumstances of the property are that
these are existing buildings which cannot be relocated. In addition, they are only encroaching
on the separation requirement by less than 10% of the requirement. These are the special
conditions and circumstances necessitating the variance which do not result from the action of
the Applicant, but rather causes an undue burden on the Applicant to comply with the strict
requirements of the subject regulations.
WPBDOCS 9859782 1
(5) That the variance requested is the minimum variance that is necessary to afford
relief to the petitioner, while preserving the character,health, safety and welfare of the
community.
Response: As previously mentioned herein, the use is proposed to occupy a now vacant and
existing building that is located within a CRA of the City. Considering the fact that these are
existing buildings, that the use already complies with the regulations outlined in the applicable
Statutory requirements and that the request is only for a 10% reduction in the required
separation requirements, the requested variance is the minimum variance necessary to afford
relief to the Applicant, while preserving the character, health, safety and welfare of the subject
regulations.
CONCLUSION
For the foregoing reasons, we respectfully request approval of the variance outlined above. In
the event you have any questions or require anything further,please do not hesitate to contact us.
WPBDOCS 9859782 1
K2
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SIGNED AND SEALED:
January 21,2019
S.�'Gq II
Franklin Street + s`�.•
3384 Peachtree Rd. NE,Suite 650 No 73110
Atlanta, GA 30326 '
Attn: Nick Monette a
�• S �
o .
Re: 300 E. Dania Beach Boulevard, Dania Beach, FL 33004 �',,Fs o R' .. ��%%
—Distance Analysis ;,S��NA11111000
�
LIC H:73110
COA:30945
Dear Nick,
This letter is to certify that a visual inspection has been made of all property surrounding the
proposed site,300 E. Dania Beach Boulevard, Dania Beach, FL 33004. In accordance with Section 4.1.3.9,
we have confirmed that the proposed location is not located within 500 feet of an existing Elementary
or Secondary School.
All parcel measurements have been surveyed through the Broward County Land Management
Services(GIS)and Parcel Mapping Services.Zoning and property use information was determined through
the Broward County's Property Record services.Our survey determined that there were no schools within
the 500-foot straight line distance of the property line. The closest schools to the subject are below:
Subject Address: 300 E.Dania Beach Boulevard,Dania Beach,FL 33004
Straight Line
School Name Address Distance(Ft.) NOTE:
1050 NW 2nd St,
Collins Elementary Dania Beach, FL33004 3,481 Primary, Public
3500 N 22nd Ave,
Attucks Middle School Hollywood, FL 33020 4,725 Secondary, Public
Bethune, Mary M. 2400 Meade St,
Elementary Hollywood, FL 33020 4,725 Primary, Public
330 SE 11th Terrace,
Olsen Middle School Dania Beach, FL 33004 5,431 Secondary, Public
3235,6 SW 5th Ave,
Global Learners Academy Dania Beach, FL 33004 2,583 Private,VPK
BUILDING RELATIONSHIPS BASED ON TRUST AND RESULTS.
K 2 M D E S I G N . C 0 M 180 West Ostend Street, Suite 217 • Baltimore, MD 21230
P: 443.931.3625 « F: 216.357.2796
K2
MUJ
c
Zoning of Subject and Surrounding Parcels:
Location to Subject Address Zoning Property Use
23- Financial Institutions
(Banks,Savings&Loan
300 E.Dania Beach Blvd, EDBB-MU: East Dania Companies,Mortgage
Subject Dania Beach, FL 33004 Beach Blvd Mixed Use Companies, Credit Services)
18-Office Buildings, Non-
225 E Dania Beach Blvd EDBB-MU: East Dania Professional Services Buildings,
North Dania Beach FI 33004 Beach Blvd Mixed Use Multi-Story
308 E. Dania Beach Blvd EDBB-MU: East Dania 16-Community Shopping
South/East Dania Beach FI 33004 Beach Blvd Mixed Use Centers
EDBB-MU: East Dania
East Parcel#:5042-34-27-0060 Beach Blvd Mixed Use 10—Vacant Commercial
254 E. Dania Beach Blvd 1-8 EDBB-MU: East Dania 08-Multi-family—less than 10
West. Dania Beach FI 33004 Beach Blvd Mixed Use units
Best,
Steve S. Grasley, P.E.
Chief Operating Officer
Florida COA##30945
BUILDING RELATIONSHIPS BASED ON TRUST AND RESULTS.
K 2 M D E S I G N C 0 M 180 West Ostend Street, Suite 217 • Baltimore, MD 21230
P: 443.931.3625 • F: 216.357.2796
DAtixA '
LEC_AL DEBCR niom
A portion of "AA41& DOLT COM59, as reaarded Im Plat
Book 32, Pagr •17, of the Public Racmds of, Sroward
„County, Florida, being described an follows;
Commencing at the -northwest corner of said plat, sun
on an assumed bearing og S OoS2'23"i0 along the westerly
boundary of said plat 23.07 fast; Chanaa, S 89642118118
;long I south right-of way of Stete.Road A-1-A .(DanU
Beach boulevard) Z5 fact to a Point of S•gginnio thence,
continue S 89o42'iB"E 150 feet; trance S 005212 �'W par-
allal with the masterly boundary of said plot 1.50 fast
chance, sun N.8$942018'W 130 fast= thence N 0 52'231%
parallel with the westerly boundary of said plat 150 feat
to the Point of Baginoi-ng. Said land being situ; a, lying
sod being in the City of Danis, Broward County, P a rids.
Scanned by CamScanner
CitS f Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
9) (954) 924-6805 X3643
DANIA BEACH (954) 922-2687 Fax
SEA R.LIVE IT.LAVE a.
Standard Development Application
❑ Administrative Variance
❑ Land Use Amendment
❑ Plat 02/07/2019
❑ Rezoning Date Rec'd: C
❑ Site Plan 1
❑ Special Exception Petition No.:
�] Variance
❑ Other: (SEEAPPLICATIONTYPESCHEDULEON PAGES 3&4)
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
For after the fact applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may impact upon the disposition of your application. As always, the applicant or their
authorized legal agent must be present at all meetings. All projects must also obtain a building permit from
the City Building Division. For more information please reference the Dania Beach Land Development
Code Part 6, Development Review Procedures and Requirements.
Location Address: 300 E. Dania Beach Blvd.
Lot(s): Block: Subdivision: See Legal Description included with this application
Recorded Plat Name: Dania Golf Course
Folio Number(s):
5042-34-27-0020 Legal Description: See Legal Description included with this application
Applicant/Consultant/Legal Representative (circle one) Shutts & Bowen LLP, Edwin J. Stacker
Address of Applicant: 200 East Broward Blvd. Ft. Lauderdale, FL 33301
Business Telephone: (954) 847-3839 Home: Fax: (954) 527-7915
E-mail address: EStacker@shutts.com
Name of Properly Owner: Las Olas Studios, Inc./Henry Apel, DVP
Address of Property Owner: 300 E. Dania Beach Blvd.
see consultant info
Business Telephone: Home: Fax:
Explanation of Request: See Justification Statement included with this application
For Plats please provide proposed Plat Name For Variances please attach Criteria Statement as per
Section 615.40 of the Land Development Code.
Prop. Net Acreage: 0.52 Gross Acreage: 0.52 Prop. Square Footage: 22,500
Existing Use: Bank Proposed Use: Medical Marijuana Treatment Center
1 of 4
Updated 02/2017
Is property owned individually, by a corporation, association, or a joint
venture? owned by a corporation
AUTHORIZED REPRESENTATIVE
I/we are fully aware of the request being made to the City of Dania Beach. If I/We are
unable to be present, I/we hereby authorize
(individual/firm) to represent me/us in all matters related to this application. I/we
hereby acknowledge that the applicable fee was established to offset administrative
costs and is not refundable.
I/we are fully aware that all approvals automatically expire within 12 months of City
of Dania Beach Planning and Zoning Board or City Commission approval,or pursuant to
the expiration timeframe listed in Part 6 of the Dania Beacb Land Development Code.
STATE OF FLORIDA
COUNTY OF BROWARD By:
The foregoing instrument (Owner/ Agent ignature*)
was acknowledged
BEFORE ME THIS DAY OF Af_41441h`. 20
By:
(Print name of person acknowledging) (Joint owner signature if applicable)
Michele Smith
NOTARY PUBLIC
Notary
/� - t."z �' STATE OF FLORIDA
(Signature of Notary Public—State of ,4�4 dX is V Expires 5/31/2021
Personally known or Produced Identification
Type of identification produced: or Drivers License
*If joint ownership, both parties must sign. If partnership, corporation or
association, an authorized officer must sign on behalf of the group. A notarized
letter of authorization from the owner of record must accompany the
application if an authorized agent signs for the owner(s).
NO APPLICATION WILL BEAUTOMATICALL YSCHEDULED FOR A MEETING.
ALL APPLICATIONS MUST BE DETERMINED COMA ETE 8YSTAFF
BEFORE PROCESSING OCCURS,
2of4
Updated 0212017
OWNER'S CONSENT
Las Olas Studios, Inc./Henry Apel, DVP, as the owner of the property located at 300 E. Dania
Beach Boulevard, Dania Beach, FL 33004 (Folio ID No. 5042034 27 0020), hereby gives
consent to Shutts &Bowen, LLP/Edwin J. Stacker, to act as the lawful attorney-in-fact for the
purposes of filing a Variance Application with the City of Dania Beach for the subject property.
Las Olas Studios, Inc./Henry Oel, DVP, understands that the granting of an application with
any conditions made a part th of,may affect the future development of the subject property.
1
Own r Sign ture Date
STATE OFF lor;01CL )
ss.
COUNTY OF S row wJ )
-,/A4
t The foregoing instrument lys acknowledged before me this ._ day of
Fla Vg::^j , 2019, by t/ c I , who is personally known to
me or who has produced L c>-- —100'o as
identification.
OFFICIAL NOTARIAL SEAL: aO ft& Notary Public Slate of Florida
Richard C Billner Jr.
My Commission GG 1222D4
�M1d� Expires07/31/2021
(type,print,or stamp name)
Notary Public
Commission No. Z Z 21!J
My Commission Expires: J v_ 1 2621
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PROPERTY ADDRESS:300 EAST DANIA BEACH BOULEVARD,
DANIA BEACH,FLORIDA.33004 E
SPECIFIC PURPOSE OF SURVEY:
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SAID HAD IUS IS THE MAIN DOOR OF CHASE BANK BUILDING
(BUILDING ONE):SAID ARC IS SHOWN AS IT IS RELATIVE TO DANIA BEACH BOULEVARD SCALE
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