City Council

MEMBERS Melissa Lockhart, Councilmember Debi Lux, Councilmember Gary Butler, Councilmember Jeannine Polk, Councilmember Greg Julian, Councilmember CITY OFFICIALS Melissa Reichert, City Manager Sara Welch, City Clerk Steven S. Leskovich, City Attorney CALL TO ORDER Roll Call Invocation Pledge of Allegiance Announcements Next Meeting - December 2, 2026 at 9am, Regular City Council Meeting at City Hall Chambers located at 326 W. Marion Ave., Punta Gorda, FL 33950 AGENDA APPROVAL 1. PROCLAMATIONS / PRESENTATIONS 1.a Service Award 2. PUBLIC INPUT 2.a Those wishing to introduce themselves as nominees for a board or committee may do so at this time. Those who choose to speak must state their name for the record. 2.b Anyone wishing to address the Council on any matter must state their name for the record. Each person will be allowed to speak up to a maximum of three minutes. 3. PUBLIC HEARING AGENDA (Quasi-Judicial and Legislative) 3.a QUASI-JUDICIAL: V-03-2026 - A request by Edward McDonald of Thomas Engineering Group, as Authorized Agent on behalf of Taco Bell of America, LLC, Applicant, authorized by Branch Burnt Store Associates, L.P., Property Owner, for a variance CITY COUNCIL AGENDA 326 W. MARION AVE., PUNTA GORDA, FL 33950 ************AMENDED************ NOVEMBER 18, 2026, 9:00 AM

pursuant to Punta Gorda Code, Chapter 26, Land Development Regulations (LDRs), Section 16.10, from Punta Gorda Code, Chapter 26, Sections 3.10(g)(2), 3.10(g)(8), 7.4(a)(3), 7.4(e)(2)a., 7.4(e)(7), and 10.2(a), related to the maximum front yard setback, minimum build out percentage, location of parking, and pedestrian access location, for a proposed drive-thru facility to be located at 10057 Burnt Store Road, Punta Gorda, Florida 33950. 3.b LEGISLATIVE: GA-06-2026 - An ordinance of the City of Punta Gorda; amending the City of Punta Gorda General Employees' Retirement System, restated pursuant to Ordinance 2016-2024; amending Section 10, Optional Forms of Benefits; providing for severability; repealing all ordinances in conflict herewith and providing an effective date. FIRST READING. 3.c LEGISLATIVE: GA-07-2026 - An ordinance of the City Council of the City of Punta Gorda, Florida, amending Chapter 17, "Utilities," Article V, "Rates, Fees, and Charges," Section 17-5-2, "Water and Wastewater Capacity (Connection) and Associated Fees," Subsection (e), of the Punta Gorda Code of Ordinances, to clarify that connection- related fees shall be collected upon application for utility service; providing for severability; providing for conflicts; providing for codification; and providing an effective date. FIRST READING. 4. ORDINANCES / RESOLUTIONS (No Public Hearing Required) 4.a A resolution of the City Council of the City of Punta Gorda, Florida, formally adopting its amended Rules of Procedure; and providing an effective date. 4.b A resolution of the City Council of the City of Punta Gorda, Florida, formally adopting its Civility Pledge; and providing an effective date. 5. CONSENT AGENDA 5.a Demolition Permits Update 5.b Invoice of Persson, Cohen & Mooney, P.A. for legal services rendered through October 5, 2026, in the amount of $880.60. 6. REGULAR AGENDA 6.a Agreement Award to GrantWorks, Inc. of Tallahassee, FL for FEMA Grant Management Services. 6.b Business Event Permitting Discussion 6.c Event Manual Update 6.d Consideration and Approval of Special Magistrates Appointment 6.e Legislative Agenda 6.f Project Updates 7. BOARDS / COMMITTEE 7.a Announcement of Vacancies: Punta Gorda Isles Canal Advisory Committee (1 regular)

7.b Nominations: Punta Gorda Isles Canal Advisory Committee (3 regular) 8. REPORTS FROM CITY OFFICERS 8.a City Clerk 8.b City Manager 8.c City Attorney 9. COUNCIL MEMBER COMMENTS 10. PUBLIC INPUT 10.a Anyone wishing to address the Council on any matter must state their name for the record. Each person will be allowed to speak up to a maximum of three minutes. ADJOURNMENT If any person decides to appeal any decision made by City Council or an Advisory Board/Committee with respect to any matter considered at the meeting or hearing, he or she may need a record of the proceedings, and for such purpose he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Florida Statute 286.26, the location of this public hearing is accessible to persons with disabilities. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Interpreters for the hearing impaired (TTY 941-575-5013) or non-English speaking citizens, and any other special accommodations can be requested by contacting the Human Resources Manager/Non-Discrimination Coordinator whose address is 326 W. Marion Avenue, Punta Gorda, FL 33950, whose telephone number is (941) 575-3371, and whose email address is humres@pgorda.us at least two (2) calendars days prior to the meeting.

MEMBERS Gary Butler, Councilmember Greg Julian, Councilmember Melissa Lockhart, Councilmember Debi Lux, Councilmember Jeannine Polk, Councilmember CITY OFFICIALS Melissa Reichert, City Manager Sara Welch, City Clerk Steven S. Leskovich, City Attorney CALL TO ORDER Roll Call Invocation Pledge of Allegiance Announcements Next Meeting - December 2, 2026 at 9am, Regular City Council Meeting at City Hall Chambers located at 326 W. Marion Ave., Punta Gorda, FL 33950 AGENDA APPROVAL 1. PROCLAMATIONS / PRESENTATIONS 1.a Service Award 2. PUBLIC INPUT 2.a Those wishing to introduce themselves as nominees for a board or committee may do so at this time. Those who choose to speak must state their name for the record. 2.b Anyone wishing to address the Council on any matter must state their name for the record. Each person will be allowed to speak up to a maximum of three minutes. 3. PUBLIC HEARING AGENDA (Quasi-Judicial and Legislative) 3.a QUASI-JUDICIAL: V-03-2026 - A request by Edward McDonald of Thomas Engineering Group, as Authorized Agent on behalf of Taco Bell of America, LLC, Applicant, authorized by Branch Burnt Store Associates, L.P., Property Owner, for a variance CITY COUNCIL AGENDA 326 W. MARION AVE., PUNTA GORDA, FL 33950 ************AMENDED************ NOVEMBER 18, 2026, 9:00 AM 1

pursuant to Punta Gorda Code, Chapter 26, Land Development Regulations (LDRs), Section 16.10, from Punta Gorda Code, Chapter 26, Sections 3.10(g)(2), 3.10(g)(8), 7.4(a)(3), 7.4(e)(2)a., 7.4(e)(7), and 10.2(a), related to the maximum front yard setback, minimum build out percentage, location of parking, and pedestrian access location, for a proposed drive-thru facility to be located at 10057 Burnt Store Road, Punta Gorda, Florida 33950. 3.b LEGISLATIVE: GA-06-2026 - An ordinance of the City of Punta Gorda; amending the City of Punta Gorda General Employees' Retirement System, restated pursuant to Ordinance 2016-2024; amending Section 10, Optional Forms of Benefits; providing for severability; repealing all ordinances in conflict herewith and providing an effective date. FIRST READING. 3.c LEGISLATIVE: GA-07-2026 - An ordinance of the City Council of the City of Punta Gorda, Florida, amending Chapter 17, "Utilities," Article V, "Rates, Fees, and Charges," Section 17-5-2, "Water and Wastewater Capacity (Connection) and Associated Fees," Subsection (e), of the Punta Gorda Code of Ordinances, to clarify that connection- related fees shall be collected upon application for utility service; providing for severability; providing for conflicts; providing for codification; and providing an effective date. FIRST READING. 4. ORDINANCES / RESOLUTIONS (No Public Hearing Required) 4.a A resolution of the City Council of the City of Punta Gorda, Florida, formally adopting its amended Rules of Procedure; and providing an effective date. 4.b A resolution of the City Council of the City of Punta Gorda, Florida, formally adopting its Civility Pledge; and providing an effective date. 5. CONSENT AGENDA 5.a Demolition Permits Update 5.b Invoice of Persson, Cohen & Mooney, P.A. for legal services rendered through October 5, 2026, in the amount of $880.60. 6. REGULAR AGENDA 6.a Agreement Award to GrantWorks, Inc. of Tallahassee, FL for FEMA Grant Management Services. 6.b Business Event Permitting Discussion 6.c Event Manual Update 6.d Consideration and Approval of Special Magistrates Appointment 6.e Legislative Agenda 6.f Project Updates 7. BOARDS / COMMITTEE 7.a Announcement of Vacancies: Punta Gorda Isles Canal Advisory Committee (1 regular) 2

7.b Nominations: Punta Gorda Isles Canal Advisory Committee (3 regular) 8. REPORTS FROM CITY OFFICERS 8.a City Clerk 8.b City Manager 8.c City Attorney 9. COUNCIL MEMBER COMMENTS 10. PUBLIC INPUT 10.a Anyone wishing to address the Council on any matter must state their name for the record. Each person will be allowed to speak up to a maximum of three minutes. ADJOURNMENT If any person decides to appeal any decision made by City Council or an Advisory Board/Committee with respect to any matter considered at the meeting or hearing, he or she may need a record of the proceedings, and for such purpose he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Florida Statute 286.26, the location of this public hearing is accessible to persons with disabilities. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Interpreters for the hearing impaired (TTY 941-575-5013) or non-English speaking citizens, and any other special accommodations can be requested by contacting the Human Resources Manager/Non-Discrimination Coordinator whose address is 326 W. Marion Avenue, Punta Gorda, FL 33950, whose telephone number is (941) 575-3371, and whose email address is humres@pgorda.us at least two (2) calendars days prior to the meeting. 3

Title: Service Award Funds: Recommended Action: Summary: 5 Year Service Award - Moshe Fisher, Public Works Supervisor, Parks and Grounds, Public Works Department/Division: City Manager CITY COUNCIL CITY OF PUNTA GORDA 11/18/2026 PROCLAMATIONS / PRESENTATIONS EXHIBITS: 4

Title: Those wishing to introduce themselves as nominees for a board or committee may do so at this time. Those who choose to speak must state their name for the record. Funds: Recommended Action: Summary: Department/Division: City Clerk CITY COUNCIL CITY OF PUNTA GORDA 11/18/2026 PUBLIC INPUT EXHIBITS: 5

Title: Anyone wishing to address the Council on any matter must state their name for the record. Each person will be allowed to speak up to a maximum of three minutes. Funds: Not applicable. Recommended Action: Summary: Department/Division: City Manager CITY COUNCIL CITY OF PUNTA GORDA 11/18/2026 PUBLIC INPUT EXHIBITS: 6

Title: QUASI-JUDICIAL: V-03-2026 - A request by Edward McDonald of Thomas Engineering Group, as Authorized Agent on behalf of Taco Bell of America, LLC, Applicant, authorized by Branch Burnt Store Associates, L.P., Property Owner, for a variance pursuant to Punta Gorda Code, Chapter 26, Land Development Regulations (LDRs), Section 16.10, from Punta Gorda Code, Chapter 26, Sections 3.10(g)(2), 3.10(g)(8), 7.4(a)(3), 7.4(e)(2)a., 7.4(e)(7), and 10.2(a), related to the maximum front yard setback, minimum build out percentage, location of parking, and pedestrian access location, for a proposed drive-thru facility to be located at 10057 Burnt Store Road, Punta Gorda, Florida 33950. Funds: Recommended Action: Approval of the variance with the following conditions denoted in the staff report: • This variance allows the building to be constructed no further than 101.3 feet from the front property line, allows parking to be located in front of the front façade of the building, and allows the site to be organized as shown on the site plan submitted with the application which would cause some pedestrian traffic to travel across the parking lot. • This variance shall expire in 6 months unless the corresponding development application, DRC-09-2026, is approved first. Summary: The applicant is requesting a variance from several sections of Punta Gorda Code, Chapter 26, Land Development Regulations (LDRs), for a proposed drive-through restaurant to be located at 10057 Burnt Store Road, Punta Gorda, FL 33950, otherwise identified by the Charlotte County Property Appraiser as Parcel 412320477012. The specific sections for which a variance is requested are: • Section 3.10(g)(2) – Maximum front yard setback of 25 feet. • Section 3.10(g)(8) – Minimum frontage build-out of 70% • Section 7.4(a)(3) – c. Requires the site to be organized so pedestrians do not walk through parking lots. CITY COUNCIL CITY OF PUNTA GORDA 11/18/2026 PUBLIC HEARING AGENDA (Quasi-Judicial and Legislative) 7

• Section 7.4(e)(2) – Also requires the site to be organized so pedestrians do not walk through parking lots. • Section 7.4(e)(7) – Prohibits parking in front of the building. • Section 10.2(a) – Also prohibits parking in front of the building. Department/Division: Urban Design EXHIBITS: 1. V-03-2026 Application 2. Staff Report 8

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V-03-2026 | Answers to Questions 11 and 12 Question 11. Section 3.10.(g)(8) variance: 70% Frontage Build-Out. The standard footprint required for Taco Bell’s operational efficiency and safety cannot physically span 70% of the site's street frontage. Forcing a wider or artificially elongated building configuration would disrupt internal kitchen workflows, drive-thru safety margins, and essential vehicle stacking lanes, creating an unnecessary practical hardship. Section 10.2.(a) & Sec. 7.4(e)(7) variance: Drive-thru Placement. Per Sec. 7.4 (e)(3), drive-thru lanes shall be located at the side of rear of the building. Due to this mandatory placement and the specific geometry of the parcel, the building must be oriented further back on the lot, resulting in the 101.3- foot front setback and placing a drive-thru wrap-around configuration any other way is physically impossible without blocking access or eliminating the use entirely. In addition, swapping the layout to pull the building forward into a standard front setback would force the drive-thru lane or heavy vehicle stacking to the front of the site. This would create severe aesthetic and traffic conflicts along the primary street corridor. Consequently, the available acreage at the front of the building is most safely and efficiently utilized for standard parking stalls. Sec. 3.10(g)(2) variance: 25 ft Maximum Front Setback. The current layout is an operational necessity forced by the lot's physical limits and cannot accommodate a 25-foot maximum front setback. This variance is requested to prevent hazardous site conditions and resolve a direct conflict created by adhering to Sec. 10.2(a) and Sec. 7.4(e)(7). If the pedestrian path were re- routed to avoid the front parking lot, it would be forced to cross the active, continuous flow of the drive-thru lane. Crossing a drive-thru lane presents a significantly higher risk of pedestrian safety due to driver distraction during ordering and payment. Routing the pedestrian path through the standard front parking lot—where vehicle speeds are minimal and sightlines are clear—is the safest layout for the public. The applicant will implement enhanced striping and signage to clearly delineate this path. Sec. 7.4(a)(3) & Sec. 7.4(e)(2) variance: conflicts with Sec. 10.2.(a) & Sec. 7.4(e)(7). 12

Question 12. (1) The subject property exhibits a restrictive geometry featuring a 222-foot- wide frontage paired with a shallow 166-foot depth. Applying standard form-based rules—which assume a typical lot depth—to this specific lot layout creates an immediate spatial impossibility. Furthermore, the property is uniquely constrained by existing utility easements on both the front and rear boundaries, which legally prevent these areas from being utilized for permanent structural features. These overlapping physical boundaries and legal encumbrances concentrate the remaining buildable envelope, creating an extraordinary site layout challenge that does not apply to other lands or buildings in the same district. (2) A quick-service restaurant with a drive-thru loop is a fully permitted use in this zone. However, to satisfy the required 70% frontage build-out on a 222- foot-wide lot, a building would have to span 155.4 feet in width. Given the lot's shallow 166-foot depth and binding front/rear utility easements, a building of that width leaves no room to route the mandatory rear/side drive-thru lane (Sec. 7.4(e)(3)). The building orientation cannot be rotated, nor can a standard, functional commercial footprint be compressed further without directly failing the city’s independent requirements for safe drive- through vehicle stacking, bypass lanes, and internal traffic circulation. Forcing compliance would trigger an isolated site failure that neighboring properties with standard dimensions do not face. The applicant is prepared to coordinate exterior architectural materials beyond the standard corporate prototype to complement the surrounding corridor. (3) The severe hardships identified on this parcel are not shared generally by other properties within the same zoning district or the immediate vicinity. Commercial properties in the corridor with greater depth have more room to absorb rear drive-thru loops, vehicle stacking, and parking hidden from the street face. The combination of an unusually compressed width-to- depth ratio and legally binding front-and-rear utility easements represent a physical condition isolated to this parcel. (4) The granting of these variances will not be injurious to contiguous uses or detrimental to the public welfare. A literal application of the LDR would force the pedestrian walkway to directly cross the active, continuous flow of the 13

drive-thru stacking lane, creating a safety hazard. Routing the pedestrian walkway through the front parking lot ensures pedestrians navigate a low- speed environment with clear sightlines. Additionally, the expanded 101.3- foot setback allows the drive-thru stacking to be entirely isolated at the rear, preventing vehicle queues from spilling out into the public right-of-way. To ensure aesthetic compatibility with the neighborhood, the applicant is integrating a 8-foot landscape buffer along the property borders to screen the parking area and soften the frontage build-out. (5) The requested variances represent the minimum modification necessary to afford reasonable relief and allow viable commercial use of the land. The building footprint has been compressed to the maximum extent permitted by necessary operational and mechanical workflows. The proposed frontage build-out and front yard setback are mathematically dictated by the exact space required to route a safe, single-lane drive-thru loop, a code-compliant two-way drive aisle (24 feet), and the required 8-foot landscape buffer around the site's legal easement boundaries. No additional relief or excessive deviations are being sought beyond what is physically required to resolve the overlapping spatial conflicts created by the lot's geometry. (6) The conditions giving rise to these variance requests were not created by any person presently holding an interest in the property. The restrictive parcel dimensions were established by historical subdivision platting long before the current ownership or current zoning regulations. Likewise, the existing utility easements on the front and rear boundaries are pre-existing legal encumbrances recorded by municipal and utility entities. These physical and legal boundaries cannot reasonably be corrected, avoided, or altered by the applicant, leaving a variance as the only lawful mechanism to achieve a reasonable use of the property. (7) The variances requested do not involve, imply, or request any land use that is prohibited within this zoning district. A commercial restaurant with a drive-thru facility is a permitted use under the City of Punta Gorda's zoning district. The applicant is seeking relief strictly from dimensional, design- based, and form-based parameters (setbacks, build-out percentages, parking placement, and walk path routing) caused by the physical limitations of the lot, rather than requesting a change in land use. 14

(8) FLU Element 1: A modern Quick-Service Restaurant (QSR) with a drive-thru is an intended type of auto-oriented use for the Burnt Store Road corridor. To operate safely and efficiently, a QSR relies on distinct vehicle geometry, sweeping turn radii, and safe internal stack queues. Rigid adherence to a 70% frontage build-out (Sec. 3.10(g)(8)) or a constrained front yard setback would strip the property of its ability to function as an auto-oriented use, running directly counter to FLUE Policy 1.1.14.3. The variance seeks to adjust strict geometric rules just enough to allow this intended commercial typology to exist. FLU Element 2: While operational realities require parking in the front yard (Sec. 10.2(a) & Sec. 7.4(e)(7)) and necessitate that the pedestrian path cross through the parking area (Sec. 7.4(a)(3) & Sec. 7.4(e)(2)a.), the site layout ensures a continuous, highly visible, and clearly delineated walkway to link the right-of-way directly to the building entrance. This respects the pedestrian presence safely, ensuring clear connectivity without disrupting the vital vehicular flow of a drive-thru model. FLU Element 3: To mitigate the visual impact of the forward vehicle infrastructure and support the corridor's character goals, the site layout utilizes its 101.3-foot front yard setback to integrate a fully compliant 8-foot perimeter landscape buffer along the right-of-way. This green infrastructure fulfills the core aesthetic intent of the Future Land Use Element, ensuring a clean, landscaped street edge along Burnt Store Road. FLU Element 4: Section 7.4(a)(1) and (2) seek to enforce historical consistency in architectural massing, scale, and street orientation. However, the existing commercial plaza context along Burnt Store Road exhibits a highly diverse, wide range of scales, building masses, and varied orientations. Because there is no singular or uniform design baseline to replicate, strict compliance is unobtainable. The proposed project utilizes modern exterior materials that align with the area's contemporary development trends, promoting orderly development without forcing an artificial urban layout onto a regional commercial corridor. Transportation Element: Forcing strict adherence to a 25-foot maximum front yard setback (Sec. 3.10(g)(2)) would require swapping the entire site layout. This configuration change would force the pedestrian access pathway to cross directly through an active, high-volume drive-thru lane. By 15

utilizing a 101.3-foot front yard setback, the proposed layout eliminates this hazardous conflict point. Furthermore, the deep setback keeps all vehicle queuing internalized entirely on private property, preventing dangerous traffic spillovers or backups onto Burnt Store Road, which directly fulfills the Plan’s primary transit safety goals. 16

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V-03-2026 Staff Report City Council | November 18, 2026 Page 1 of 11 VARIANCE STAFF REPORT TO: City Council FROM: Rachel Barry, Zoning Official HEARING DATE: November 18, 2026 RE: V-03-2026 – 10047* Burnt Store Road Applicant Request: V-03-2026: A request by Edward McDonald of Thomas Engineering Group, as Authorized Agent on behalf of Taco Bell of America, LLC, Applicant, authorized by Branch Burnt Store Associates, L.P., Property Owner, for a variance pursuant to Punta Gorda Code, Chapter 26, Land Development Regulations (LDRs), Section 16.10, from Punta Gorda Code, Chapter 26, Sections 3.10(g)(2), 3.10(g)(8), 7.4(a)(3), 7.4(e)(2)a., 7.4(e)(7), and 10.2(a), related to the maximum front yard setback, minimum build out percentage, location of parking, and pedestrian access location, for a proposed drive-thru facility to be located at 10057 Burnt Store Road, Punta Gorda, Florida 33950. Hearing Minutes and Board Recommendation(s): The application was heard by the City of Punta Gorda Board of Zoning Appeals on October 26, 2026, who unanimously recommended approval with the following conditions: 1. This variance allows the building to be constructed no further than 101.3 feet from the front property line, allows parking to be located in front of the front façade of the building, and allows the site to be organized as shown on the site plan submitted with the application which would cause some pedestrian traffic to travel across the parking lot. 2. This variance shall expire in 6 months unless the corresponding development application, DRC-09-2026, is approved first. Supplemental Material/Issue Analysis Report: The applicant is requesting a reduction from several sections of Punta Gorda Code, Chapter 26, Land Development Regulations (LDRs), Punta Gorda Code, for a proposed drive-through restaurant. *When the application was filed, the proposed address to be assigned was 10057 Burnt Store Road, Punta Gorda, FL 33950, but has since been updated to 10047 Burnt Store Road, Punta Gorda, FL 33950, and is otherwise identified by the Charlotte County Property Appraiser as Parcel 18

V-03-2026 Staff Report City Council | November 18, 2026 Page 2 of 11 412320477012. The specific sections for which a variance is requested are: • Section 3.10(g)(2) – Maximum front yard setback of 25 feet. • Section 3.10(g)(8) – Minimum frontage build-out of 70% • Section 7.4(a)(3) – c. Requires the site to be organized so pedestrians do not walk through parking lots. • Section 7.4(e)(2) – Also requires the site to be organized so pedestrians do not walk through parking lots. • Section 7.4(e)(7) – Prohibits parking in front of the building. • Section 10.2(a) – Also prohibits parking in front of the building.[When viewing this document electronically, click the blue underlined text to open the corresponding document.] The property is located in the Highway Commercial (HC) zoning district, which is regulated by Section 3.10, LDRs, listing a drive-through window facility as a use permitted with conditions. The property’s Future Land Use designation is Highway Commercial Corridor (HCC), as described in the Future Land Use Element of the City of Punta Gorda 2045 Comprehensive Plan (Comp Plan). Specific site development requirements are being addressed through the Development Plan Application process; i.e., traffic, building design, etc. This variance application applies to the front setback, frontage buildout, parking location requirements, and pedestrian access location only and does not relieve the applicant or property owner from any other required approvals or city, state, or federal regulations. The conditions listed in Section 4.17, Drive-Through Window Facilities, LDRs, are as follows: “(a) Drive-through windows located on the side of a building shall be limited to one lane and screened from off-site view. (b) Vehicle storage for drive-through window uses shall be located outside of and physically separated from the right-of-way of any street. This area shall not interfere with the efficient internal circulation of traffic on the site, adjacent property, or adjacent street right-of-way. (c) Drive-through window facilities shall be screened from off-site view and street right of ways by a landscaped buffer with a minimum width of 10 feet, extending the entire length of the drive-through cueing or stacking area. (d) A permanent porte-cochere structure may be constructed over the drive- through and service window area. It shall be a minimum of 20-feet in width, extend the width of the drive, be integrated structurally into the building, and match the architectural design of the building. The porte-cochere may encroach into the side yard setback.” The applicant is requesting: • A 76.3-foot increase to the maximum front setback requirement instead of the maximum 25 feet, to allow a 101.3-foot front setback; • A 37% reduction to the minimum frontage build-out instead of the required 70%, to allow 33% frontage build-out; and 19

V-03-2026 Staff Report City Council | November 18, 2026 Page 3 of 11 • To allow parking in front of the building, causing some of the pedestrian traffic to travel through the parking lot instead of along building fronts. Section 16.10, Application for Variance, LDRs. (a) Application. Edward McDonald, of Thomas Engineering Group, as the Authorized Agent on behalf of Taco Bell of America, LLC, Applicant, authorized by Branch Burnt Store Associates, L.P., Property Owner, has filed an application for a variance with the Planning Department. (b) Approval Criteria. No variance shall be approved unless all of the followi