City Council — Jul 23, 2025

Evening, everyone, and welcome to the July 23rd, 2025 City of Plantation City Council meeting. It is now called to order at 6.08 p.m., and we will begin with Ms. Beggarrow. Please call the roll. Council Member Anderson? Here. Council Member Andreu? Here. Council Member Fadgen? Here. Council Member Horland? Here. Council Member Reinstein? Here. Mayor Sortel? Here. Assistant City Attorney Morkin? Here. Thank you. Thank you very much. Tonight's opening remarks and Pledge of Allegiance will be provided by Council Member Anderson. The floor is yours. Hello, everybody. Nice full house. Just some light remarks about the start of the school year. With the start of the school year rapidly approaching, it reminds me of all the fun I had learning in school. And though I no longer go to formal school, I am a lifelong educator. And I always challenge myself and I challenge you to be a lifelong learner. Every person you meet is a potential mentor or source of information to be learned or shared. Every time I travel, I gain new experiences and memories to hold and share with others. Every article we read, and yes, even social media, videos and articles we get stuck watching longer than necessary, it can often surprise us with new information, life hacks, interesting cooking and repair techniques, even funny acts of humanity. Challenge yourself to read or learn something new and to share your knowledge with others. Ask yourself, did I learn something new today or was I able to share knowledge with someone else? If so, keep it going and keep on learning. With that, please stand for the Pledge of Allegiance. Thank you, Councilmember Anderson. We next will move on to items submitted by the mayor. I have a preferred safety and risk management award coming up. On the way up, Eric Anderson was far too humble speaking about travel and what he's learned. How many cities have you been to and how many countries? Cities, I don't know. I've been to all 50 states. All 50 states, all 50 states, and I don't know, around 35 or so countries, 35, 40 countries. Backpacked wherever. Backpacked Europe and backpacked. And now that you've gone there, you have an interest in those places? I have an interest in going to Asia and Africa and all that because I've already been to those places. That's an educator. That's an educator. All right, we're ready for our award. By the way, I just got back from Paris. You know that. First trip abroad. Pretty good. Good evening. My name is Chris Kittleson. I'm the safety consultant that's assigned to the City of Plantation from Preferred. Thank you for having us this evening. I'd just like to say a few words to memorialize the recognition of the Safety Award. We do this every year for one or two of the members out of the total population of the cities and agencies we insure. So we think it's a nice thing to recognize you for the efforts. So I'm honored here tonight to present the 2025 Preferred Safety and Risk Management Member Award to the City of Plantation this evening. The City of Plantation's dedication to safety is exemplary. You've made significant contributions through effective safety training, thorough safety inspections, and proactive claims management. Perhaps most importantly, the City's leadership has fostered a profound culture of safety, making it a shared value across the entire city. So we thank you for that. For the City of Plantation's visionary leadership, tolerance, dedication, and profound impact on safety and risk management, we proudly present this award to the City of Plantation. So with that, I'd like to present it to Carol. She's been instrumental in making those things happen. I'm just here to help her. Here, I'll stand in the middle and you can take the edge. There's Jill Valley right there. I'll let you hold it. Oh, okay. There we go. Very good. Mayor, congratulations. Thank you. Thank you. I appreciate it. You guys, thank you. Thank you. Thank you. I want to talk about public works. Well, real quickly, since we went to Pidgeot, we have worked very closely with Chris as their safety coordinator to do more life safety training for our employees. We've done driver's training. We've done heat prevention training for employees. We've done heat prevention training for supervisors. We've done injury prevention training. So we've tried to bring back live training and make that a thing. At the same time, I've had a partner in crime who's standing in the back of the room, and that's Matt. Matt and his team at public works have taken a very strong interest in safety, and they've gone above and beyond doing just little things that make people aware, like seat belt inspections. Like spot checks to make sure people are wearing their safety vests. All of those little things really go a long way. We hope to roll out some new programs in the upcoming year and maybe widen our net a little bit. But, like I said, I have to acknowledge Matt and his team because they've really done a great job, and they sort of drank the Kool-Aid. Parks and Recreation Month. Parks and Rec coming up. If you're wearing a black shirt, come up. All right. While they're coming up, I'm going to read the proclamation. Parks and Recreation is an integral part of communities throughout the country, including plantation, whereas Parks and Rec promotes health and wellness, improving physical and mental health, whereas Parks and Rec promotes time spent in nature, which positively impacts mental health, whereas Parks and Rec encourages physical activities by providing space for popular sports, whereas Parks and Rec, such as out-of-school time programming, youth sports, and environmental education, are critical to childhood development, whereas Parks and Rec increases a community's economic prosperity, whereas Parks and Rec is fundamental to the environmental well-being of community. Did you write this? Yeah, this is long. Man, I'm going to skip. Whereas the U.S. House of Representatives designated July as Parks and Rec Month, whereas City Plantation recognizes the benefits derived from Parks and Rec resources. Therefore, I, Nick Sola, Mayor of City and Plantation, on behalf of the City Council, hereby proclaim July 2025 as Parks and Recreation Month. Everybody clap. All right. Oh, yes. I've known many of these people for years because before I was an elected, I was a user of the parks. I've been at the pool. I've been in the gym. Pickleball courts and track, right? I think, yeah. If I may just say a few words. One, I read a quote recently that said, feeling gratitude and not expressing it is like wrapping a present and not giving it. And I wanted to take the opportunity to give you all my appreciation for all your support. All of you on the dais tonight, city administration, we really appreciate it. And a big shout out to the men and women in black behind me that run the day-to-day every day and work very hard. All the groups we work with, we have some members of our advisory board here tonight, so I want to thank them. And also, very quickly, our Parks and Rec Foundation members are here to present us with some dinero, from what I've heard. So I'd like to welcome Darren and Michelle, please, for a quick presentation. Hello, everybody. My name is Darren Lees, part of the Parks and Rec Foundation, 501c3 nonprofit, raises funds for the Parks and Rec Department. Our mission is to preserve, protect, improve, and enhance the parks, the recreation facilities for the parks, and the programs that exist in the department. We sponsor things like golf tournaments, pickleball tournaments, 5Ks, and partner with local businesses and organizations to raise funds. Simple as that. A special thank you goes to Michelle, Valen, Guystrom, Nikki Hanna, Frank Carreras, Vicki Gelfand. People have helped us in the past, raise funds, and get together as a community. And with that, I'd like to present a check. So we have just under $12,000 going to the Parks and Rec Department. Officially, this is the official one. Michelle, get it. Joel, get it. Even it out. Thank you. That's it. Thank you very much. Thank you. Appreciate it. If the foundation, is the foundation in need of any volunteers? Okay. So if anybody is interested in helping to support our parks through a 501c3 foundation, you have the people right there to speak to, and you can go outside and give them your contact information. Thank you. Very quickly, for the sake of time, while I'm here, I'm just going to do the upcoming events for this week. And that is Friday, August 1st is our Mother and Son Dance from 7 to 9 p.m. at Volunteer Park. Monday, August 4th through 8th is our extended summer camp at Central Park. We have a few spots left for that. Tuesday, August 5th is National Night Out at Pine Island Park. In aquatics, Sunday, July 27th, session 6th, and that is August 4th through 21st. In athletics, we're registering PAL, fall basketball, fall baseball, soccer, and adult athletics is registering for flag football, basketball, kickball, and softball. So thank you very much. Thank you very much, Director. James Brossius, Retirement Proclamation. Come on down. I'm going to read your whole thing. Okay. Well, as James was born in Miami, Florida, and whereas James began working for the city plantation in May 2011 in road and traffic control, public works department, James never missed a day of work and was always on time. James is very proud of the opportunity to keep his city, the city plantation, clean for all his years. Whereas James has been married for five years to Patricia, whom he met at Rock the Park. That's true? What band? I can't remember. Come on, bro. James is proud to be an Army veteran and enjoys making jewelry. And whereas after 14 years of service, James announced his retirement effective July 31st, James will continue to enjoy surfing at Flagler Beach. Now, therefore, I, Nick Soto Mayor, City Council Plantation, do hereby express our gratitude and appreciation to James Brossius. Anything you want to say? Yeah. All right. Thank you, Mayor. I just wanted to say it's been an honor and a pleasure to clean up this fine town of ours. Yeah, if you have anybody who wants to get in the picture with you, a family, they can come for it. This makes a good Christmas card. Trust me. Congratulations. Next up, service awards. Last thing. 25 years, Irving Tbilit Police. Anything you want to say? No. He works road patrols specializing in plantation acres. So that, if you've been in the acres, you may or may not. Five years, Chris Bolden, Parks and Rec. We'll get it to him. That's all. Thank you. Okay. Thank you very much. So what we do now is that we will recess the City Council meeting and we will call to order our CRA meeting. We will do our CRA meeting and then go back to our City Council meeting. And just a reminder for those of you that are here for the items at the end of the agenda, which are the quasi-judicial proceedings, just make sure that you are still inside the room when it's time to begin those proceedings because there will be a, the City Clerk will swear on all witnesses. Anybody who will be speaking will be sworn in. So right now, we will recess the City Council meeting at 623 and we will call to order the CRA meeting at 623. Ms. Beggro, please call the roll. Commissioner Anderson? Here. Commissioner Andreu? Here. Commissioner Fadgen? Here. Commissioner Horland? Here. Commissioner Reinstein? Here. Commissioner Sortel? Here. Assistant City Attorney? Here. Thank you. The CRA Consent Agenda consists of Items 1 through 3 and may be approved with one motion. And does any member of the Commission wish to pull an item? Does any member of the public wish to pull an item? Seeing none. Motion to approve the Consent Agenda? And do we have a second? Second. Ms. Beggro, please call the roll. Commissioner Anderson? Yes. Commissioner Andreu? Yes. Commissioner Fadgen? Yes. Commissioner Horland? Yes. Commissioner Reinstein? Yes. Commissioner Sortel? Yes. Thank you. We'll now move to public requests of the commissioners regarding the CRA. Mr. Conklin. Dennis Conklin, 4581 Northwest Sixth Court. See, we've got full house. Heavenly hosts, protect you and all of your families. I would like to make a request of the commissioners that they please, when they demolish Plantation and General Hospital, to not allow residential structures higher than three stories high in the footplate. And I yield back my time. There's no yielding back your time, but thank you very much, Mr. Conklin. Thank you. Thank you. Public requests of the commission. Any further public requests of the commissioners? Seeing none, the CRA meeting is now adjourned at 625 p.m., and we will now reconvene the city council meeting at 625 p.m., and we will begin with public requests of council regarding municipal affairs. Those who wish to speak, we request that you complete a speaker form. If you have not done so already, please do. The speaker forms are located in the back by the door. In addition to completing the speaker form and turning that into our city clerk, when you are called on and you approach the microphone, please state your name and address, and address your remarks to the council president, not the mayor, nor individual members of the council. We ask that you please keep your remarks to the allotted three minutes. There are a lot of residents here, so we are going to keep to a tight schedule of the three minutes. If you need only 5, 10 seconds to finish, please, as you are concluding, please just ask for that time, and we will give you the 5, 10 seconds, but we're not going to be giving any more than that tonight so that we can get to everybody that needs to be heard, and we can leave in a reasonable time. With that being said, we will call on members of the public for public comments. Mr. Conklin, you're up first. Dennis Conklin, 4581 Northwest CIS Court. I wanted to thank the South Plantation High School, JROTC, for reading the Declaration of Independence, Beginning and Endings, which were the important parts. 1,958 days ago, a public health emergency was declared with lockdowns, closings, America's houses of worship. Never heard that happen before. Mandatory masking and shots, sufficiently called countermeasures, never vaccines in legal language. Creation of essential and non-essential Americans, what the dickens is at. That's the loss of our unalienable, God-given individual rights. Why do I always give this tally count? Because Americans are still under the medical emergency declaration. 23 days ago, the FDA approved the next killer COVID shot. Secretary Robert Kennedy, Jr. has not been able to rescue Americans from the deep state and big pharma. So save yourselves, don't take the jab. 655 days ago, terrorist organization Hamas began its war with Israel. 199 days afterwards, a coordinated college jihad began in America, spread all across the campuses, and then it spread into the municipalities. So that 53 days ago, Sunday, June 1st, the firebombing attacks killed people in Democrat sanctuary city, Boulder, Colorado. It's been one year and 11 days since the first attempted assassination on President Donald J. Trump. 18 days ago, July 5th, the CIA files were released that reported Lee Harvey Oswald was on the CIA's scope in August of 1963. November 22nd, I was 12 years old at home, sick from school, when the news of the president's assassination took place and it overflowed all of the TV broadcasts. The closing price of gold for the CAFR in 2024 was $2,683.70 an ounce. Gold closed today at $3,406.30 an ounce. That's a loss of dollar purchasing power of 26.9% in 10 months. And they're sitting on a mountain of money, $300,000 plus of cash and investments, losing purchasing power. I'm going to send you a recommendation, I think. The city needs to examine its pension advisors because we're the worst of the top 10. May I extend 30 seconds? You got 10 seconds. Okay. You need to look into the advisor of our pension plans because they are in the worst three of the top 10 population municipalities in Broward County. I sent you a little thing. Thank you very much, Mr. Conklin. Thank you very much, and I yield back my time. There's no time to yield back. Council Member Andrea. Thank you, President Reincean. Just wanted to confirm if it was Plantation High School, JROTC, that did that? Yes. I think Mr. Conklin said South Plantation. She just wanted to make that correction. Thank you very much, Council Member Andrea. Next up, public comments, Mr. Buehler. Earl Buehler, 6831 Southwest 11th Street, Plantation, Florida. This morning I was listening to our recently federally defunded NPR station, and they had a report from 110 aid agencies that were struggling to survive operating in Gaza because the IDF is not allowing any aid into Gaza. They can bring in some medical supplies, and there's very little food. In fact, these 110 organizations issued a joint statement that 70,000 children are facing imminent starvation, and they interviewed a woman. She was pregnant. No, she had a baby. There's another one who was pregnant, and she was so dehydrated she couldn't feed her baby, and she was talking about would she have to kill her baby to not allow the baby to suffer. I don't think any of you would not have to face that kind of decision. So the only thing I'm asking, and I know I'm appealing to the Council President here, Mr. Einstein, who very thoughtfully made a resolution a while back about how we should not turn a blind eye to the atrocities in Gaza. And right now we've got 2.8 million people facing genocide or domicile, as the UN and two world courts have decided. We have a majority, actually, of the Jewish population in both the United States and in Israel, who actually are opposed to the continuation of the war. They want peace, and they don't want people to starve to death. So, again, I ask, is it possible for Mr. Reinstein to again make a resolution to not turn a blind eye to the atrocities in Gaza? And this is a serious, I mean, we're talking about millions of people. And I feel sorry because, you know, back in World War II, the same thing happened in Warsaw Ghetto. The Nazis drove the Jews into the Warsaw Ghetto and starved them to death. And psychologists say that sometimes the abused grow up to be abusers. And it's just horrifying that people who have suffered so greatly in World War II would want to put that suffering on another people today. I think that's horrible. I don't know if you can do something about it, but you've made the resolution once. Have the courage to make it again. It's your decision. But don't let the blood be on our hands, your hands. Please. Thank you. Mr. Mayor, you're recognized. Yes, sir. In public requests of the council, I was always taught that they are to be of the entire council and not a person should be singled out. Okay. And so I would request that a person not be. Thank you. Appreciate that. Thank you, Mayor. Next up we have, let's take a look. Ms. Susan Salway, I have you listed as wanting to speak for public comments. Is that correct? Okay. With public comments, building, a specific building, which one of the items? I just want to make sure that you're called on at the right time. It's to do with the structure that's next door to my property. So I think that would be under public comment. It's not something that's on the agenda, that structure? No, it's not. Okay. So then you're up for public comments. This would be the right time for you. Okay. Thank you. Okay. My name is Susan Salway, and I live on South Fig Tree Lane in Plantation. You can come right to the podium. Sorry. I did come before you a month ago, and we talked about this structure. I've not heard from anybody. The structure is still standing. I do know that zoning has told him that he has to take it down within 30 days. He has one day left. This structure is extremely unsafe. It's 60 foot long and 15 foot high. I have photos here if anybody wants to see them. I think Mr. Opert and I have spoken about this. Okay. I haven't heard from anybody. Would you want to hear from him now? Yes, please. I would. I mean, if a hurricane comes. We pay him enough. Hold on. Mr. Mayor. Okay. Mr. Mayor. Excuse me. One moment. Let's have some order here. Ms. Salway, why don't you finish what you'd like to present, and then we can see if we can get Mr. Opert to respond. This is an extremely unsafe structure. If there's a hurricane, this is going into my grounds. It's going to decimate my yard. That I've spent $50,000 on. I want to know why it's allowed. Simply. If you see how bad it looks. If you see how unsafe it is. I can't possibly see. I can't possibly understand why it is allowed. And I just want this matter to be addressed. Thank you, Ms. Salway. If you want to, do you want to leave those pictures with us as well? Absolutely. Thank you very much. And Mr. Opert, if you have something to assist us with, better understanding what's happening here. Michael Opert, Assistant Director, Planning, Zoning, and Economic Development. This is not a building code case, because it's a temporary structure. It's not tied down. We do have a case on this property regarding not meeting the setback. So that case is being adjudicated at this moment. Do you have any further information on the timetable of that? When it's next hearing? I believe it's going to be on the August Special Magistry. So, Ms. Salway, it sounds like it is being addressed through the system, through the timing, that sometimes it sounds like it's going a little slower than you like, but it sounds like it is, will be. Please go back to the podium. I understand that. But what I see is, you say it's not a building problem. It's an unsafe structure. We need to put something into the ordinance to say that this isn't allowed. I mean, it's not tied down. Absolutely not. So what does happen when there's a hurricane? There needs to be some kind of ordinance. If you look at other cities, they have ordinances. If you look at Miami-Dade, it has an ordinance. We have absolutely nothing. It's a temporary structure, 60 foot long, 15 foot high, higher than his house. Understood. And I think we have to wait and see what happens at the magistrate's hearing to see what the next steps would be. And why don't we wait until we see what the magistrate rules? Because I'm the one that has to live next door to it. I'm the one who's devaluing my property, and it looks absolutely atrocious, and it's unsafe. Do you have the date of the magistrate's hearing so that you can appear also if you'd like to as a witness? I don't know anything about a magistrate's hearing. Maybe it will be helpful that if you speak to Mr. Alpert, either outside now or if you give him a call tomorrow, he can give you further information as to when that next hearing is scheduled, so that if you'd like to appear, you can also speak. Okay. Could we do it now? Because I'm working. If you can step outside for that, that would be great. Thank you so much. Next up, I have, I'm sorry, Mr. Mayor. Just so council knows, I have spoken with P and Z about putting together that ordinance that she's talking about that we need to get turned, and so P and Z is trying to turn it. She's right. We need, we don't have an ordinance about this. Okay. No, she's right. Yeah. Thank you very much, Mr. Mayor. Next up, we have Ms. Wilkerson. I have S. Wilkerson listed here. There's no topic. It just says public request of comment. Is there an, sorry, he's speaking on public request of council. Come on down. I'm talking, speaking on a correct item or not. Are you speaking, is there an item on the agenda that you wish to talk about? Yes. Yes. 18 and 19. Okay. So then, then you're not here for public request of comment, and we'll call you up when it's time for 18 and 19. Okay. Okay. Great. Thank you. Next, I have Stephen Rose. Stephen Rose, did you also want to speak on public request of comments or just on the? 20, 21, 22. Right. I see those, and you also checked public request of comments. No, that's the, I try to scratch it out. No worries. Thank you very much. Last call. Any other requests to speak from the council chambers on, for public requests? Yes, sir. Have you had a chance to fill out the form? Okay. Can you, and what is your name, please? Michael Fleischer. Just give me one moment here. Nope. So I have you here only on item 20, not on public request of comments, public request of council. Did you want to? I just want to say a quick public share out of that. All right. No, it's not. Are you wanting to speak on item 20? Item 20 regarding that's the racetrack? Yes, sir. Yes. Okay. Was there something else that you also wanted to speak on? No, no, no. I just want to extend my support. That's all. Okay. We'll wait for item 20. Understood. Yes, sir. Thank you. So other than the items 20, item 20 or any of the other items that are not just, that are not identified, so public requests of the council regarding municipal affairs, seeing no further requests of council, public requests of council regarding municipal affairs are now closed. So we will now move to the consent agenda. The consent agenda consists of items one through 16 and may be approved with one motion. Just so everybody understands is that I know many of you are here to speak on some of the items at the end of our agenda. These are not the consent agenda items. Those are the items under quasi judicial proceedings. Does any member of the council wish to pull an item on the consent agenda? Can I pull number three? I also am pulling number three, so thank you. Me too. And item one. I'm sorry, which ones? One. One and three. One. And we also have from the public, we have items 10, 12, 14, and 16. Seeing no other request to pull an item from the consent agenda. Do we have a motion for those items not pulled? Motion to approve the consent agenda with the exceptions of one, three, 10, 12, and 14. Second. And 16. And 16. And 16. Could you repeat what the exception was? Sure. One, three, 10, 12, 14, 16. Wasn't there two? Didn't one of you pull two? No, he had said one and three, two. Oh, also. Yes. As in T-O-O. Yes. Got it. Second. We have a second. Thank you. Second. We have a first, and we have a motion, and we have a second. Seeing no further request on those other items, Ms. Beverell, please call the roll. Who is the second on this? Councilmember Andreu. Councilmember Fadgen. Yes. Councilmember Orland. Yes. Councilmember Anderson. Yes. Councilmember Andreu. Yes. Councilmember Reinstein. Yes. So the first item that was pulled is item one, Councilmember Fadgen. Thank you, Council President Reinstein. I just wanted to say that I had a very good meeting with our new HR director, Paulina. Probably spent about an hour together and talked about some of my thoughts and concerns and hear what her plans were, and I was very impressed, and I'm excited about the department's future, and I like what she's already done already. So I just wanted to publicly tell you congratulations, and good luck, and make us proud. Thank you so much. Thank you. Thank you. Thank you for those comments. Thank you. I think probably many of us can echo the same, but I'm going to call on Councilmember Orland. I'd just like to say that I concur. We had a great meeting, and I'm really looking forward to your future as HR director, so congratulations. Thank you so much. Motion to approve. Second. Thank you. I just wanted to- Yeah. Wait for us to vote. You want to stay quiet right now. Take a deep breath. Take a deep breath. All right. Ms. Bedrow, please call the roll. Councilmember Fajan? Yes. Councilmember Warren? Yes. Councilmember Anderson? Yes. Councilmember Andrew? Absolutely, yes. Councilmember Einstein? Yes. Thank you. Congratulations. Now. Thank you so much. Good evening, Mayor, Councilmember, and colleagues. I am truly thankful for the opportunity to serve the dedicated staff of the City of Plantation, and through them, the residents we proudly support. I look forward to a bright and productive future, and I'm excited to leave human resources in alignment with the City's vision. Together, we'll build a department that reflects the excellence this community deserves. Thank you so much, everyone. Thank you. Congratulations. Next up, we have item three, which is the renewal of the interlocal agreement between the school board and the City of Plantation governing the business partnership recognition banners through September 1st, 2030. Councilmember Andrea has pulled it, so have I, and so has Councilmember Fajan. Councilmember Andrea, if you'd like to begin. Thank you, President Reinstein. I would like to amend the ILA. I'm not sure why we had a maximum of 10 banners, and there was another statement about wishing to define the number of banners. I don't wish to define the number or limit the number of banners on the school's fence. We have some schools that have a very large fence line, and with the new policy that the school board of Broward County has put into place, the banners are smaller and a, you know, finite size. So, in essence, you could also place more and still have a very neat appearance because now they're going to be a little more uniform than in the past as well. And I did speak to staff members about this, and their goal really is to garner additional sponsorship from members of the community, from business owners. And so, I do not want to have a cap on how many banners a school can initiate, and therefore capping their fundraising ability. So, I would like to remove those two parts of the interlocal agreement. Thank you very much, Councilmember Andrea. And before I call on Councilmember Fajan and Councilmember Horland, I'm going to also make a few comments. So, just so everybody has a little background, is that we're talking about the banners and signs that you see on schools, and you see them throughout the county, and you see them in other cities as well, in other counties as well. And it's very unfortunate that these schools need the resources, they need the funding from the selling of the banners and the signs because they're not sufficiently funded. The push for banners and signs, going back to 2019, was from the Educational Advisory Board back then. And at the time, the request was that there wasn't a need for an interlocal agreement. It was really just a need for the city to allow the schools to do what the schools needed to do. And over time, it morphed into this interlocal agreement with these restrictions. Seeing that the city, over time, has agreed to this interlocal agreement, and so has the school board, I'm not necessarily suggesting that we need to ignore all of the work that has been done to this time on the interlocal agreement. But I do believe that the schools have the authority to do this, and that we shouldn't be standing in their way, in any way, with these restrictions. That being said, I agree with Council Member Andreu, is that if we're going to sign this interlocal agreement again, I would also agree and suggest that if we were to look to the agreement, Section 2.04, which is the subsection for banner, material, number, size, and placement, that we delete 2.04.01 subsection A and B. Those are the two sections that I think Council Member Andreu was primarily referring to. The other sections that are really about making sure that the banners are not torn or faded or defaced, I think that that's appropriate. The one last thing that I wanted to say is that I would hope is that when our Planning and Zoning Department completes the rework of our sign and banner ordinance, that they'll also consider whether there's an appropriate carve-out for schools in terms of the, based on the fact that schools and school property really do have a different place amongst other property in our city. And that may make the entire need for this interlocal agreement moot. That being said, I'll call on now. I think Council Member Fadgen was next. Thank you, Council President. Well, what I read is that it's up to 15 signs. There's 10, 3 by 5, and then 5, 4 by 8. I would not, before amending the, to make it unlimited, I understand the good cause behind it, but I drove by some schools over the last week, and none of the signs are installed per the parameters of the ILA. Now, is this ILA a fresh agreement, or is it really just updating the previous ILA we had? When it was implemented in 2019, it was a new agreement, and so this is, the only change we've made to that pre-existing agreement was to put in an auto-renewal aspect, but other than that, it's the same. So, the number based on the size, up to 15, and then the installation requirements, and the expectation of making sure that faded and flapping, I saw these things waving in the wind, and, you know, it's, a lot of our schools are not in, like, on commercial roads, a lot of them are dead center in the middle of the community houses, and I'm thinking, like, man, if I lived across the street from this school, and I saw the sign just, you know, faded and flapping, I know we're in the summer, but still, I mean, if they're going to have them up, there's a responsibility to make sure that we're good neighbors. I just don't think they look good. I don't think they're enhancing the community, setting aside the, you know, the good cause behind having them. I understand that, but I also want to keep the tranquility of the neighborhood and the, of the, and the characters of the neighborhood, and they're not installed properly, according to the ILA, because you just told me we didn't change how they were supposed to be installed, and they're not being maintained. They're putting up, they're cutting the check, they're cashing the check, and then that's the end of it for them. So I'm disappointed about how they've been maintained so far, because the evidence out there is they're not, you know, keeping them up to the standard that we're requesting them to be kept up to in the ILA agreement. So I would not be for making it unlimited, and I would like maybe reach out to all the schools when they get back in session to say, you know, you need to be monitoring these signs, just like our businesses to, if we're going to allow them, they got to make sure that they look good, so they're less of a burden on the, on the surrounding people that live around these schools. We'll communicate those concerns back to the school board administration. Okay. Thank you, Council President. Councilman Lidwellyn. Thank you, Mr. President. We have a long history with this ILA. We do. So I'd just like to give you a little context. Many of us, and I certainly back in 2019, came at this from two sides. That side being, I was the PTA president back in 2008, who was to do the Banner Program at Central Park Elementary, and then we got called by code enforcement. And I know how difficult it is, and it's going to be even more difficult in the coming year to raise funds for the schools. And having sat on the Education Advisory Board with Council Member, Council President Fagin, Rhinstein. Fagin was never on the board. It was Rhinstein. You know, I know you worked very hard on the ILA. The reason the ILA had to come before us was because when we tried to set some standards and have a policy, because the city did not have a policy, we received pushback from the school board. And I did appear before the school board in 2019. And that's when, finally, after much back and forth and much review by our city attorney, because there is some case law that we were a little concerned about, we came up with this ILA, I'd like to defer the item for the following reasons. I'd like the city attorney to have a chance to take a look and listen to what we have spoken about this evening. I'd like to see the updated standards, Council Member Andre, I'm not familiar with them. I know one of the issues that we had in limiting it was also we talked about safety and the ability for law enforcement to see beyond the fence line into the school. So I think that if it is not going to jeopardize the ILA, Mr. Nenemaker, I'd like to bring the item back. So are you making a motion to? After I hear from Mr. Nenemaker. I think we would want some latitude to work with the school board because they communicated to us, this is coming up on expiration in September. So if we're going to go back and forth, if there's an understanding that maybe we could do an extension of the existing agreement, we'll work with the city attorney's office on that. We did have some discussion, though, just to give a little bit more context to the reason for the agreement. It's our position, I think the prior city attorney and our current city attorney agree that it is important in maintaining the integrity of the sign code that we do not have a carve-out that doesn't recognize that this is kind of a pre-164 settlement in a dispute over who has authority here. We do maintain that we do have authority to regulate the signage in this manner, and we cannot do it through the LDRs, or that will be problematic. I would welcome the city attorney to comment. We can have further discussion on that. Regarding the number of banners itself and speaking to the mayor, we're somewhat agnostic to that. Frankly, the fencing itself isn't very attractive, but unfortunately, it's the world we live in today, so that's not going to change. So we'll take y'all's guidance on the number, but from administration's perspective, we're flexible on that. It was a little bit of a delicate dance back in 2019 for us to finally get to that ILA. So I would just like to, if we could defer perhaps to the next meeting in August, would that give us enough time just to have the city attorney review what he's heard tonight and we come back with something? Not knowing the school board schedule, what I would do is communicate back to them that we are having this conversation that ultimately is going to benefit them one way or the other, and just to let them know that if the agreement does lapse, we're not going to come with code enforcement or start ripping banners down. And I think, because I would, again, like to see their updated policy, and if there is some uniformity and that was something that we were trying to achieve, I would prefer that. Councilmember Andrew, I think that would be great. So I'd like to make a motion to, you want me to defer, or just, what would you like me to do, Mr. Morgan? Defer is fine, but that's the will of everyone. I'd like to make a motion to defer. Second. Just for clarification for administration, so y'all want us to bring back the new standards, revise the verbiage. Is there a consensus on the limit? Are y'all, a majority of y'all in favor of the limit, or a majority of y'all in favor in allowing them to? Councilmember Anderson, I still see you wanting to speak on this, so I want to speak on the motion. I, too, have a very, very long history of this, from being principal tropical for all those years, and the city wouldn't, the city's sign code was enforced, and we didn't have an ILA with the county, with the school board of Broward County. So, as principals, we weren't even allowed to do banners at all, but we were doing them, so we were in this, what you were saying, who has the sovereignty over, because the school board kind of has its own power, and the city has its own power, and we don't really want to get into that. So, I was working, I helped to write these things from the principal perspective in trying to bring uniformity, and size, and trying to get consensus, and this was the same time my colleagues were doing things. So, we were first working from the school board to the city, or really just principals to the city, and then it evolved, too. So, as far as I recall, the Broward County School Board has brought uniformity across all the cities, and we are one of the most restrictive cities there is. So, like, I'm not sure which one of us, because we're all saying similar things, I really want to see what the current school board thing says, to then see if I want to limit from there. They might already have a reasonable limit in there. So, I think we need to see what theirs is, because I think our ILA is already more restrictive than what they have with everybody else. I believe it's standard, I won't, I can't swear to that. I know the number, we definitely restrict the number, and theirs is much higher. Or, it's higher, I don't know if it's much higher. Okay. So, I know right off the bat, just the number alone, I know it's different. So, that said, are y'all in favor of a cap? Mr. Newt. What I'd like, what I think I'd like to do is, I'd like to see what the, what does the county have for everybody else, what does the Broward County School Board have for everybody else. So, the extent to which we differ, what is it throughout the, what are the differences throughout the schools? To me, it's part of the, it's going to boil down to what Council Member Reinstein said. It's the number, and like if we do 10 of the smaller size, and then 5 of the larger size, what if I just wanted 15 of the smaller size? Well, it sounds like there's a new standard, so they're all going to be the same size. So, we'll come back with that. Why don't we take a moment, and I'm going to call on Council Member Andreu, please. Thank you, President Reinstein. So, yes, I think what Council Member Horland is asking for is the amended school board policy. If you remember back in, I believe it was December of 24, there was a lot in the media around the banners because the school board did vote to ban religious and political banners at the schools, and therefore they took anything that was political or religious down. But the other banners stayed up to Council Member Fadgen's point just to end the year. But now, starting when we start again in August, the new policy will be implemented 100% with fidelity, and the banners will be uniform. They'll be the same size, the same type of color, feel, look. So, you're going to see all of that in this policy that was amended a few months back. So, if that will help, I don't believe there's a number, though, a set number in the policy to answer, I think, what Council Member Anderson is saying or asking. So, again, to be in alignment with that and to not limit principals and schools, we already know there's a huge funding gap. So, we won't go down that rabbit hole, but I would not want to limit their fundraising ability. People change the banners out for activity. They have a turkey trot this month. They do another thing next. They have all these wonderful activities and change the banners periodically. And so, just for them to have to sit there every month and count how many banners are is tedious. And, again, it can limit their fundraising ability. So, I would prefer to remove all of that. I believe, too, it's in the whereas clause. I think Council Member Weinstein didn't mention that part of the ILA. But my preference is to remove all of that language. So, Council Member Andreu, at this point, we have another motion on the table that has been first and been seconded. So, before we can get to that potential motion, let me ask City Attorney Morgan, is a motion to defer, is that the same as a motion to table, or is there a different standard for a motion to defer? I think you can treat them as the same priority, which is where you're going with the Roberts rules that takes priority and precedence over any other motion. So, at this point, we have a motion to defer, which is to be treated like a motion to table. It's been first and seconded. We shall call the vote. Unless, additional comment. Go ahead, Council Member Fajon. I think I'm in agreement with Council Member Horland that we want to see what the new standard is from the county that Council Member Andreu spoke to. I still want to limit until I, and then reassess it when we see that agreement, but they're not following the agreement from the installation standpoint. They're not maintaining the quality, you know, whether they're flipping them out quickly or not. I'm not really open to having an unlimited amount based on their space until we see that they're going to follow the agreement and install them properly and then maintain the quality level so that they don't become an eyesore like they are right now at several schools that I pass by. So, I just want to put that out there again, and thank you. Thank you very much. And I will say that I have received a comment card on Item 3, but let's wait and see what happens with the first motion before we take any further comments on it. So, we have a motion to defer, and we'll call that, call the vote, please. Council Member Fajon? Yes. Council Member Horland? Yes. Council Member Anderson? Yes. Council Member Andreu? Yes. Council Member Einstein? No. Motion to defer has passed. So, do we need a date certain, City Attorney? No. Okay. So, the motion to defer, which is to postpone Item 3, has been deferred to no date certain, and we will move on to Item 10. Item 10. Mr. Buehler. Carl Buehler, 6831 Southwest 11th Street, Plantation, Florida. My question is on this engineering. Is this company going to be looking into environmental recommendations for the city, specifically solar panels? And I know I bring this up all the time, but I was just curious because we are going to be doing these re-roofing situations here, and according to what Anna explained about in the budget, and I think Mr. McFadden brought up. And, again, I've been 12 years, I've been asking. The budget is $282 million. And I think that at this time there are still no city properties with solar panels. And we are going to, you know, metal roofing, which is very, very durable and lasts 100 years, which is good. Solar panels can be attached very easily. And, by the way, if anybody, the city wants solar panels. I got a truckload of them before the terrace went into effect. And I've also got tons of batteries, but I know. Anyway, I was just curious. Mr. Spencer. Good evening, Charles Spencer, Procurement Director. So this particular discipline will focus on environmental engineering from waterways and hardscapes and will be task-oriented and awarded and negotiated with multiple firms. So there will be no general specific focus that we can talk about at this time because it's task-order oriented. Thank you very much. Mr. Neumaker, would you like to speak? Just briefly. You know, we've heard this interest before. And we do ask, and typically through the architects, is it viable for solar? And I'll go back and double-check. But I believe in the case of Dyche, we did specifically ask for that analysis. And it was deemed not to be feasible. And I can't recall if it was because of the cover or the square footage. But we did look at that. And we also are looking at solar lighting. So we're not tone-deaf to that interest, and it is something we actively explore. So I just wanted to address that. Thank you. Thank you very much. Thank you. If you do, you'll have the time. Also, you know, a good thing is water redemption projects, which are also important for the environment, green roofs. And also, you don't need solar panels on a large scale. You can use solar panels for a very small scale, just one or two lights in the facility, run off a battery. Again, you can use – they have these new lithium batteries, very inexpensive, you know, 1,200 amp hours. You know, again, engineers oftentimes have reports based on very extreme standards. Because my son had a house that for 10 years was on the market. The engineer said, no, you have to tear it down. You bought it from an owner who would not sell it unless somebody could rebuild it. And I looked at it, and I said, yeah, we can jack that baby up, dig it off from the mountain, it'll be fine. And he did, and now a $140,000 house for 20 acres with 5,000 square feet is worth a million dollars. We went and did what the engineer said you cannot do. Thank you very much. Do we have a motion on item 10? Motion to improve. Do we have a second? Second. Second. Mr. – Councilmember Anderson. Seeing no further comments, no further discussion on item 10, Ms. Beggro, please call the roll. Councilmember Fadgen. Yes. Councilmember Horland. Yes. Councilmember Anderson. Yes. Councilmember Andreu. Yes. Councilmember Reinstein. Yes. Thank you. Next up, agenda item number 12 was requested to be pulled by the public. Mr. Beggro, Mr. Conklin. You're on deck for number 14. Councilmember Beggro, 6831 Southwest 11th Street Plantation, Florida. Sorry to keep coming up here, but, you know, I haven't been up here for a couple of months. Got to make the most of it. In number 12, again, you're looking through there in the budget. I spoke with the mayor today, and there's a situation that's under also in the general fund under public works. It's the $2.6 million for sidewalks and swale trees, and the problem right now is the city has changed its policies in terms of protecting the canopy, and the city is sort of in the weeds here. They've had a lot of trees pushing up sidewalks. I've spoken with a number of city officials and supervisors, and they've got a couple hundred sidewalks scheduled for repair. The city just can't do it. They're calling in private contractors to do it, right? Okay, that's understandable. But now the swale trees, they've decided to start cutting down swale trees if they're pushing up sidewalks. Unfortunately, some residents who don't like to rake leaves have picked up on this, and it's partly my fault because I told them, oh, this is what the city's doing, and they started calling the city saying, oh, my sidewalk's being pushed up, right? Now, I've got a lot of documentation. I'll be sending it to the mayor and to all of you. You know, a lot of these situations, these sidewalks are not being pushed up, but the city is cutting down trees, and I've got a lot of proof on that. I've got a lot of city workers who would say that, but they're not going to come here because they're not going to jeopardize their jobs. Now, you've got $1.5 million to cut down the swale trees. How much do you have to replant? Now, the mayor was under the impression that for every tree cut down, or maybe, I don't know, every tree, but they were going to plant new trees. There's nothing in the budget to plant new trees. Well, I'm just saying, I'm saying that under the general motion because my dad always said, when you read the newspaper, it's not what's in the newspaper. It's what's between the lines, what you don't read. And what I don't read here is the protection of our canopy, and that's important. We're the city of trees. Trees reduce the temperature of our city by 10 degrees. We're known as having one of the coolest cities in South Florida. Trees convert carbon dioxide to oxygen. It's important for the environment to fight global warming. So if we're going to cut these trees down, we need to plant new ones. But here's the other problem. The city is not going to automatically plant those new trees because, according to city workers, the resident has to request that a new tree be planted and then pay $75. And every resident I know was happy to have their trees cut down because they don't want to rake leaves. And they're not going to make that request, and we're not going to be the city of trees. Thank you. Seeing no further comments on item, no further discussion on item 12. Do we have a motion? Motion to approve. Do we have a second on item 12? Second. Ms. Beggarro, please call the roll. Council Member Pagin? Yes. Council Member Horland? Yes. Council Member Anderson? Yes. Council Member Andreu? Yes. Council Member Reinstein? Yes. Mr. Conklin, item 14. Thank you. Dennis Conklin, 4581 Northwest Sixth Court Plantation. Gateway 7. Again, the fees for water and wastewater, $2,000 in a month. I've already mentioned that I think that this should be zeroed out. It's basically a redundancy. I'm not going to speak about the legal fees, but the boundaries are the same for the CRA. It's a redundancy. I feel that basically you should give these stakeholders a break and reduce to zero the extra millage rate because they already paid the millage rate for the properties, and I yield back my time. Thank you, Mr. Conklin. Seeing no further comments, no further discussion on item 14, do we have a motion? We're going to wait for Jennifer. Motion to approve. Do we have a second? Second. Ms. Beggarro, please call the roll. Council Member Fadgen? Yes. Council Member Horland? Yes. Council Member Anderson? Yes. Council Member Andreu? Yes. Council Member Reinstein? Yes. See, I knew you'd be back in time. That's perfect. Next up, we have agenda item number 16. Mr. Buehler, you pass. Motion to approve. Do we have a second? Second. Seeing no further comments, no further discussion on item 16, Ms. Beggarro, please call the roll. Council Member Fadgen? Yes. Council Member Horland? Yes. Council Member Anderson? Yes. Council Member Andreu? Yes. Council Member Reinstein? Yes. Okay. Next we're up. Administrative discussion items. Number 17. Agenda item 17. Florida League of Cities voting delegate. The Florida League of Cities asks that each member municipality sending delegates to the annual conference designate one elected official to serve as its voting delegate and cast the municipality's votes. I'd like to make a motion that Council Member Horland serve as that voting delegate. Second. Seeing first and second. Seeing Council Member Horland shake her head with great excitement and seeing no further discussion. Ms. Beggarro, please call the roll. Council Member Fadgen? Yes. Council Member Horland? Yes. Council Member Anderson? Yes. Council Member Andreu? Yes. Council Member Reinstein? Yes. Thank you for your confidence. And just so everybody knows, because we are all very proud, is that Council Member Horland is also the current president of the Broward League of Cities. And so that while I did not know that she'd be going to the conference, it was a good guess that she may be going. So thank you very much. So next we're going to move into the quasi-judicial proceedings. This is what I think many of you are here for. And as I said, is that there are some rules for quasi-judicial proceedings, and we will be swearing in witnesses. I'm also going to ask that in order to move at a nice pace, in order to keep decorum, is that one is that if you hear something that you like, that's great. We don't need applause. If you hear something that you don't like, we don't accept booze. You just listen, and you listen respectfully. Also, is that if somebody gets up to speak, and you're after them, and you had a whole thing planned that you wanted to say, but the person that spoke before you did a great job, you could just get up and say that you are standing up in support, or you're standing up in opposition. It's not required to give a speech. You are welcome to. Everybody will have the three minutes. Also, for that reason, is that we're going to keep to that three minutes. So when you see your time, when you see your time dwindling down, look at what you wrote, and maybe jump ahead a little bit so that you can finish, and you can make your final thought without us having to extend any time. Okay? Everybody shake your head and say, yes. That sounds great. Okay, great. So quasi-judicial proceeding rules, I'm going to turn to Assistant City Attorney Morgan. Thank you. The city clerk will swear in our witnesses before speaking, so everyone who comes up, and she will do a mass swearing in, so we don't have to do them individually, at the conclusion of my remarks. When you speak, please say your name and whether you have been administered the oath. Any speaker may be cross-examined. If you refuse to be cross-examined, your testimony may not be considered. Your cross-examination shall be conducted in a courteous manner. The material in the city clerk's agenda packet will be made a part of the record here tonight for all the quasi-judicial items that are on the agenda. The city staff will make the first presentation, followed by a presentation from the applicant and any affected parties, and we do not have any affected parties on any of the quasi-judicial items for tonight's meeting. Correct, Madam Clerk? So we don't have any affected parties, but we do have plenty of public, which we will be hearing from tonight, and the council president has mentioned the rules surrounding that public comment. The city council may set reasonable timelines, which is three minutes for the speakers. The hearing will then be closed and the matter decided. The city council's decision will be delineated in its motion and written and writing by way of a development order or resolution or ordinance evidencing the decision made by the council. The council may also decide to continue and matter to a designated time to allow for additional research or review. Thank you, Mr. President. Thank you very much. And the other bit of instruction that I want to give is that, so if you were to look at the quasi-judicial items, there are item 18 and 19 that are related and items 20, 21 and 22 that are also related. However, we're going to be taking each one of those, they're going to be voted on separately. So we'll vote on 18 before we get to 19 and then 20 before we get to 21 and 22. So as obvious as that may sound, I just want to make sure that everybody understands that we'll be voting on them one at a time. If anybody who will be presenting tonight in terms of the city or in terms of the applicant, if they're doing any presentation together, please just let us know so that we're aware of that as well. And I must have missed something because Councilmember Fadgen's already jumping in. What did I miss? I don't know if you missed it. I think what you're saying is, you know, 18 and 19 will be discussed as one and then voted on individually. They will definitely be voted on individually. And are we going to have two discussions? The question will be, which is why I asked in terms of the presentation. As long as the presentation, if the presentation is together, then the discussion will be together. If the presentation is separate, I'm just not sure how they're going to actually do it tonight. Thank you very much. So we'll begin with the city's presentation on, what do we have? No? We're going to sweat them in first. Thank you. Okay, if you are speaking on this, please stand up and raise your right hand. Everyone. Yeah, if you think you are going to be speaking, if there's any chance that you're going to be speaking tonight on any one of these matters, now is the time to stand up and to be sworn in. Joe Valley's been faking it. Oh, gosh. Is that everybody? Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth? I do. Thank you. Very good. Item 18. The city is going to make its presentation. Good evening, council, mayor, city attorney, city clerk, Michael Alpert, planning, zoning, and economic development assistant director. I would like to present both item 18 and 19 together. Thank you very much. The applicant is requesting conditional use approval for a change in ownership for an existing 2,200 square foot pawn shop in the BHC, which is hybrid commercial, gateway zoning district. The applicant is also requesting a use variance approval to continue to allow the retail gun sales as an access for use. The property is located 340 North, State Road 7. The property has hybrid commercial zoning. It's in our local activity center. Adjacent zoning districts include Four Corners commercial and health care services. The property is surrounded by commercial properties and hybrid commercial to the north, a retail shopping center, the West Broward Shopping Center in the Four Corners. The east, sorry, to the east is the parking lot of the Pollo Tropical and then the city of Lauderdale Hill jurisdiction. And to the west is the health care services zoning district. This is an aerial view of the site. These are some photos of the building. So this is the floor plan of the proposed location. And the area that's highlighted is dedicated to the area dedicated for the retail gun sales. So the space dedicated to that will be no more than 5% of the total area. The guns will be displayed in a locked showcase, which is the green areas shown on the floor plan during business hours. And guns will be removed from the locked showcase and safely secured in a locked office for overnight storage. Staff analysis. We found that it meets compatibility with surrounding development pattern and zoning designation. That it meets compliance with our comprehensive plan. Consistency with the zoning code. The notification requirements were met. And the conditional use criteria, which are in your backup, were met. For the use variants, we feel it has compatibility with the surrounding development pattern and zoning designation. Compliance with the comprehensive plan. And consistency with the zoning code. With regard to the variants criteria. And the notification procedures. Staff recommends approval subject to staff comments. And the applicant is here as well. Thank you very much. Councilman Marjorie, I see that you posed in already. Do you want to ask a question, Mr. Alpert, or wait for after the applicant? Is the applicant doing another presentation? The applicant is also here if the applicant wants to present. I have a question for Chief. It's just a, hi, John Voight, Gumar-Alsworth for the applicant. Josh Davis of the applicant. We were going to respond to questions and just talk about what will change and what won't. That was it. That's fine. Then we can wait for that. Thank you. Councilman Marjorie, you wanted the Chief to come up? Yes, Chief. I just wanted to know if there have been any incidents at this location. Any concerns that you may have regarding incidents maybe in the parking lot or inside of the shack? Actually, I pulled some stats for the year. We've had four calls for service. Three of those were an alarm and one was for a suspicious person. Definitely nothing out of the ordinary. Thank you for that. That helps a lot. And then for the applicant, can you just let me know why or us, why are you changing the hours of operation from what they currently are? And do we think that that also may have a negative impact? Well, we're reducing the hours of operation. They're approved at 9 to 9, 7 days a week, and he's going to close at 7 every night and not open on the weekends until 10 in the morning. That's great. I'm sorry. I must have misread, and I thought it was the opposite. No, I think that this is the type of thing it's not a good idea to have open late. You know, it's a retail business. Obviously, it has to have some inventory, but that's the main thing is reducing the hours. And the applicant here is a professional operator. He's got seven other locations in Broward, I believe is what you're the head of the State Brokers Association. So it would be very professionally operated, and it's not anything new that we're certainly asking for. And he's willing to improve the appearance of the building if the council would like. Certainly going to maintain the parking lot, fix all this up. And have anything you'd like to add? Particularly, I appreciate the opportunity to continue to do business. My company has acquired multiple locations in Broward County. Can you state your name, sir, and whether you've been administered the oath? I apologize. My name is Joshua Davis. I did administer the oath, yes. We have all seven of our current locations in Broward County. We're all acquisitions of existing pawn shop locations. I can say that we've spent a good deal of time and money improving those locations, both interior and exterior, bringing in a properly qualified staff, able to serve the community. We do the best that we can to make sure that all of our clients are helped as best as possible. I just want to clarify the hours again because in our backup information it said something different. So it's stated that you're currently open from 11 to 6, but your new hours will be 9 a.m. to 7 p.m. So can you just clarify that for us? My understanding was that it was approved in the 90s to be open 9 a.m. to 9 p.m. seven days a week, and that's how it's been operated. The current owner, I think, has cut back while he had it up for sale. That's just temporarily where he was. So we were going to reduce the approved hours from 9 to 9 to 9 to 7 and from 10 to 7 on Saturdays and Sundays. And close? Oh, okay. It's, um, okay. The current owner told me he just wants to retire and take his wife on vacation for the first time ever. All right. Thank you very much. I don't have any other questions, President Reinstein. Before I call on this, I want to also make a Jennings disclosure is that I did have an opportunity to speak to Mr. Voigt and speak to Mr. Davis, but none of those discussions will affect any decision today. Before I call on my Councilmember colleagues, Councilmember Andreo, I just want to make sure that I understand what you were asking because I'm looking at the memorandum that was provided by Planning and Zoning, and in the staff's evaluation where the staff writes, it is the intent of the new owner's applicant to extend the hours of operation, which will increase the intensity of the use from the current hours of operation of the existing pawn shop. It further says the current hours of operation are Monday through Friday from 11 a.m. to 6 p.m., and the proposed new hours of operation are Monday through Friday from 9 a.m. to 7 p.m., and Saturday and Sunday from 10 a.m. to 7 p.m. So there are the hours that you said, although I think, and I just want Mr. Alpert, if you could clarify, is that is it the extended hours because it's going to be earlier in the day, so they're adding more hours, even though they're reducing one hour from the current hour of 6 p.m.? Explain to us your evaluation, please. It is extended because of the compared to the hours that it's currently been operating under the current owner or the previous owner. So the current hours are from 11 a.m. to 6 p.m., and the proposed new hours are 9 a.m. to 7 p.m., correct? So it would be more than that. Hold on one second, Mr. Alpert, but you weren't saying the approved hours. You were talking about the current hours of operation, right? Yes. Okay. Councilmember Hoyland. Thank you, Mr. President. Thank you, Mr. Davis, for being here. I have a couple of questions for you. What is your procedure when you – because I did speak to the chief today, and I wasn't as much concerned about incidents at the existing location, but more your procedure and when we're talking about stolen goods. So what is your procedure, especially with high-ticket items like jewelry and guns? I know that you have to do a thumbprint. Is that the way you operate? And do you run anything? Do you have the ability to run anything through a database if you have high-value goods that come in? Yes, that's an excellent question. All of our inventory per state law, the way that we take it in, we gather information from our clients and full descriptions of inventory items. Okay. Everything gets uploaded to police database, and it's shared on a state level, and I can tell you also intrastate with other agencies throughout the country. There is only access to a state-level database for stolen firearms. It is not required that we use that. We, as a general policy and rule in my company, require every item be run through that database before we take it in. Okay. I can tell you over the past couple years that we've recovered a few dozen stolen firearms that we, unfortunately, confiscate from the client in front of us, call local law enforcement, and return that to them at all times. I also have a, I actually ran these stats because this is often a topic of conversation. Last year, for example, in 2024, 0.04% of our inventory was actually put on hold by police departments. So far this year, we're on track for the exact same number, 0.04% of our total incoming inventory that we've either pawned or purchased outright. So it's definitely something that we don't attract, we don't want to deal with. We work very closely with all the law enforcement agencies, the municipalities that we're in. Very many of them appreciate the level of activity that we interact with them and that we're willing to help them out. They come in for inspections often, both at the local level, state, and federal level. So we are inspected regularly. They check our printed tickets, our inventory physically, our computer systems, and we've never had an issue. And again, we're willing to work with them under a number of circumstances. Okay. That's good to know. Thank you. And listen, I've been on your website and I see that you're a very professionally run organization. I'm not here to say whether pawn shops are good or bad. They serve a purpose in the community, especially during challenging financial times. But when we come to talk about compatibility, we're trying to achieve an elevation of that area with the new publics coming in and the new ER. And for me, it's not compatible because there still is a certain perception with people when they see a pawn shop. So I won't be voting for it tonight, but I do hope that if you do receive the approval of my colleagues that you will commit, and Mr. Boat said, to make some improvements to that building. Because when I look at that 441 corridor and what we're trying to achieve in the City of Plantation with elevating that, and I just did a quick Google search today. But within a five-mile stretch, including one of the current operations that you own just north of there, there's eight pawn shops just within a five-mile stretch. I mean, if you go much more south toward Hard Rock, there's even more and even north of us. So, you know, for my preferences, I would like to see, you know, the change of ownership become something else, only because of what we're trying to achieve in that area. But I appreciate your honesty, and I wish you luck. Thank you. Councilmember Fadgen. Thank you, Council President Reinstein. How many years have you been in the business? I'm a third-generation pawnbroker. My grandfather started the company in 1947, coming out of World War II as a watch repairman. So I grew up doing this. I'm from New York. Okay. I was 10 years old, standing at the pawn counter. My whole family's been in this. I'm partners with my brother. My father's involved in our business, aunts, uncles, cousins. Would you say that you're a more sophisticated operation compared to other pawnshops? Without a pat on the back, I really do like to think so. Well, I'm letting you pat yourself on the back right now. You're sworeing yourself in. You can't lie. Yes. We eat, breathe, and live this industry. We're heavily involved in everything we can do. I see that you're involved in the industry associations. So I'm the Florida State Pawn Workers Association president. My business partner is currently in Georgia for a conference for pawnshops. We attend legislative conferences yearly. We definitely do everything we can within our business to excel. We're always talking about how we can improve the perception of pawnshops. A lot of that is involved in just education. People have never visited a pawnshop, unfortunately. All they know is what they see on TV or in the movies, and it is negative always. And we always invite local officials into our shops, and my company specifically, so that they can see how we operate, so that they can see how we treat our customers, the level of service that we have, and what we can provide to the local community. It's not what you see on television. How many locations do you have? We currently have nine locations. Nine. Have you ever been cited for purchasing and selling stolen merchandise? It seems like you have a robust system to make sure that you're not doing that when you identify it. It's kind of fascinating how low that percentage is as a layperson. But have you been cited for ever acquiring and selling stolen merchandise? We've never been cited in that we've been doing it knowingly. So, again, these numbers come from the fact that sometimes there's no way for us to determine an item is stolen beforehand. Because of the way that the systems operate well, they are able to determine an item. If it's reported, there's a good opportunity that you're going to identify that you would be acquiring something illegal. Unfortunately, there's no state database, and we would love for that to exist, where we can check against that before taking in items. That's the only thing that exists is for firearms, and we do take full advantage of that. Okay. I would ask you to partner with our police department, develop a good relationship. It seems like that's part of your business. You know, the person that's selling the business to you, you know, I called Chief Harrison yesterday or the day before to ask about the incidences that Council Member Andreo asked about. And I think that was kind of indicative that he was a good member of the community, although it's a very run-down building. So I think with you guys, a third-generation, sophisticated operation, I think this is a good continuation of that business, although probably not the most ideal, like if we close our eyes, we wouldn't necessarily want a pawn shop in there. But going to the next question, in the backup, it said every resource will be exhausted to improve the property. So what does that mean? Because every resource could be $1,000 for that location. So what is the plans? Because, you know, the parking lot, there's pictures in the backup to the parking lot, it's less than ideal. And the buildings run down, and we are trying to lift up the overall character of that corridor. So what is the plans for your exhaustive, every resource is going to, I'm going to reread it. Every resource will be exhausted to improve the property. So what are you going to do? Certainly. And how much? So I provided staff with examples of two of our previous acquisitions that we purchased. the business, and then we subsequently were able to purchase the property. Being able to purchase the property, we're able to do everything that the city will allow in that. So I was able to provide again examples before and after of something that we have done, and we plan to do similarly here with what the city will allow within code, of course. Definitely is going to be improving the parking lot, the signage. I was going to say the signage is, you know, it's an eyesore when you look at it. It's not nice. I mean, if you wanted to put a dollar on it, we plan to invest at least over $100,000 in the exterior of the building. And you bought the property, or you're going to buy the property for about a million? Correct. Okay. And then I guess my last question, and maybe a condition to approval, would you commit to enrolling in our trespass program with the police department? Yes, please. Okay. It would be my pleasure. Good answer. Good luck to you. Thank you. Okay. I don't see any other comments in regards to number 18 in terms of from the dais. Do we have a motion on number 18? Motion to approve with staff comments in the condition of enrolling in the trespass program. Do we have a second? Second. Okay. We have a number of members of the public that also would like to make some comments. So if you gentlemen would like to sit down, I will call up from the list that I have. I have quite a few of these comment cards. If for some reason I've missed your card, please, after I've read this list, just come up and introduce yourself. Maybe it's in here and I just didn't see it. So we'll start with Mr. Wilkerson. And again, when you come up here, please just again tell us your name, and please tell us that you have been administered the oath. And if for some reason you haven't, then we'll have to do it again. Yes, I have administered the oath. My name is Sam Wilkerson, 610 Northwest 38th Avenue. I live in Lotta Hill. I'm the president of the Home Owners Association with the Brownest State St. George Community. That's east of 441. We oppose of the new ownership in that property because of gun sales. I have a petition here from members of our community that doesn't want the sale of guns in our community. So if you could disapprove that, I think we'll be grateful for it. Would you like to present the list for the record? Yes. Thank you very much. And for the record, three, four pages have been presented that have the heading Broward Estate St. George Civic Association Community Notice Action Needed. Show your opposition. And then there are names, addresses, and signatures on all of these pages. Yes. And I'll present them to our city clerk for the record. Thank you. Thank you very much, sir. Next up, Mr. Conklin. Dennis Conklin, 4581 Northwest 6th Court. I have been sworn in, and I understand the rules. I'm here to support this. I've lived in Plantation Park East, which is a neighborhood, Flexon 73, east of the Turnpike, since 1983. And when I moved in here, State Road 7 was restaurants, and it fell into the state that it did fall into. And that's why the Gateway was formed, and then later the CRA was formed. When the flower shop was converted to a pawn shop, I had my reservations about it. But as the police chief has mentioned and has been brought up in testimony, that place isn't a troublemaker. The troublemaker was across the street, a plantation, and in other places like the car dealers that were getting broken into all the time with their vehicles. So what was mentioned also, I think it said there's eight pawn shops within five miles or something like that. Right outside of our city boundary at Davie Boulevard and State Road 7, there is a pawn shop, and it deals with jewelry and guns. And if you remember that building beforehand, and what they've done to it is absolutely amazing. And I didn't know the background of this gentleman, but three generations, World War II generation started off, and no complaints. And I think they said that they've got nine locations. Speaks for itself. And when that first pawn shop went in, in place of the flower shop, I didn't have that kind of a background that I can recollect that was presented. So I am here as a resident of Flexone 73, neighborhood east of the Turnpike, in full support of this. Thank you. I yield back my time. Thank you, Mr. Conklin. Ms. Bernardi. Lori Bernardi, 11681 Northwest 6th Street. I was sworn in, and I understand. At first, I was going to stand up here and just argue about guns. I was a criminal court reporter, and, you know, the amendment, I believe everybody should own guns. But there was my forefathers that did not believe in the guns that we have out there at this day and age. And I understand the way that guns are, you know, that, like he said, that the cops, you know, check the backgrounds, and they have to send it in and everything else. But when I moved down here, I lived in Sunrise because my parents chose it. But as soon as me and my husband, who had been together since we were 13, chose and saved up, we chose Plantation. I chose Plantation because I felt it was a family city. We did, like Mr. Conklin said, eat a lot of times over on 441. Yes, the restaurants disappeared. But because the restaurants disappeared, since I've been in Plantation, City Council's been trying to clean it up. And yes, their pawn shop could look nice, but it's not what I want for my city. And, you know, for me, the more guns you let in and shops you let in, the next thing's going to be a driving range. That's why you have Markham Park. That's why people moved to Davie. They got the guns in over there, and the next thing you know, they have these driving ranges for you to go out there. Not driving ranges for golf, but for you to go shoot your guns. They start popping up. They look nice, but it's not where I want to live. And we've been building all these high-rise apartment buildings, so now why, you know, we're supposed to be the city of green and the city of trees. What are we going to be, the city of, look at me hiding here. I've got, I can see you through my scope. I don't want that in my city. I want my city to be where my kids, my grandkids, hopefully if I ever get any from my two sons, can live with our guy sitting back there that we see every single month, or, you know, twice a month, keeps them safe, and the next guy, when he decides to retire, keeps them safe too. And we continue to have council people up here. When you guys decide to retire or whatever, you know, we'll keep our city the way it is, family-oriented, and let the guns go somewhere else. I don't mind a pawn shop. I have friends that in other states, they have pawn shops. They don't sell the guns because they don't believe in it. I have a kid that I went to high school with that every time there's something about a gun, she's got this humongous gun that she shows and says, it's my right to sell these. I don't believe it. Go someplace else, not my city. I'm sorry. Thank you. Thank you, Mr. Bernardi. Lawrence Martin. First of all, I'll say it's a little different being on this side of the microphone. Lawrence Martin, 3650, Northwest Seventh Court, Lotta Hill, Florida. Been sworn in. Been sworn in. I understand the rules. Mayor, city attorney. Like Mr. Wilkerson, I reside in the community. And as I know, as the city planning and zoning department did his presentation, it articulated all the businesses that are around the pawn shop. But he failed to mention there's over 4,000 residents that are directly behind that pawn shop. Less than 45 feet, maybe to 50 feet behind the pawn shop, Lotta Hill and plantation collide. And then it starts what is conditionally just residential. And we don't often have opportunities to come before this commission to discuss things that affect us. But because plantation has a right to everything north and south on 441 east and west, which is unusual, but it goes way back before all of our times when this all took place. It's usually center line where cities separate. During my tenure, I'm a former city commissioner, vice mayor of the city of Lotta Hill. I had quarterly meetings with the city to discuss things unique to the corridor that affected both of our cities. And this was one, if you know that pawn shop, I would challenge people to say that the operations hasn't been for years. That building's been sitting there for years, but as a pawn shop, not so much. The Polo Tropicale came in, big hit, long lines all the time. That building is fairly just kind of been sitting dormant. Now, I've been very enthusiastic about the gateway scenario, the nice condos across the street, the publics that's coming in. And if you're aware, the city of Lotta Hill, it's also our CRA district from 31st to Broward, Broward to 19th. So we have a lot of big things coming also. And pawn shops are not one of the things that's authorized in our CRA. Again, not our property, obviously, but these are the conversations we're hoping to have city to city to say, hey, if we're going to build this thing up and do it right, let's kind of be on the same page. The guns, I don't think you've got to say much for it. Maybe not across on the west side of 441, but on the east side, we have our share of gun issues and problems. And I think recently y'all had a shooting at the old plantation in sight that involved your law enforcement. So it's not that we're immune to it. It's not that we're against gun ownership. I'm not even – I'm pro-business. But if we're saying to the community we're getting ready to build this corridor up to something that we all want, something that we all can appreciate, I just don't think that use is where we want to go. And I'm definitely not for it. If the use happens, definitely the guns and the ammunition need to be reconsidered. Thank you, sir. Thank you. Council Member Andreu, did you – no, not yet. Okay. Donna McCormick. Good evening. Donna Marie McCormick, 1201 Northwest 114th Avenue. I've been sworn in and I understand the rules. Simply stated, I'm opposed to the approval of a conditional use to allow the change of ownership of this property for the purposes of allowing retail gun sales at this location and plantation. Thank you. Based on the cards that I have in front of me, those were all the people that signed up to speak on 18 and 19. Mr. Buehler. Hi, sir. Buehler, 6831 Southwest 11th Street, Plantation, Florida. I've been sworn in and I understand the rules. A number of years ago, I was burglarized. $24,000 of jewelry was stolen. I immediately reported to the Plantation Police Department. They immediately filled out the form and sent it out to the pawn shops describing the merchandise because I had pictures and everything. And right away, they got a couple hits. So the police detective from the city plantation, he took me down to the pawn shops because he has to go along. And you have to pay. You know, you have to pay all the money the pawn shop, you know, paid out to the criminal who fenced the merchandise. You have to pay that to the pawn shop. I don't know if people realize that. But the first pawn shop, the guy said he didn't contact the police. Well, we had an informant that told us that was where some of the merchandise was pawn. He declined. He said, no, I didn't get that. Well, I'll tell you that, Plantation Police Department, he was not happy. And he very firmly told that guy he's going to get arrested. They're going to close down the shop, call your boss. Calls his boss, comes back, he's got the merchandise. We go to another pawn shop. The first one was down on Davie. The second was by the Seminole. We go in there, and that's a nice pawn shop, very nicely run. And I had to pay, I don't know what, I don't know, $2,000 or $1,800 there, cash. While I'm paying the cash, a young lady comes in, awkward gait, like, you know, she's on heroin. And she slams down a beautiful, brand-new craftsman, you know, 8-inch saw on the table. He said, $12. $12. She puts her thumbprint down, shows the ID, walks out. I'm there with the police detective. I said, hey, that was stolen merchandise. You know it. How can that be? And the police detective puts his hand on my shoulder, says, Mr. Buehler, be careful, because that pawn shop operator is doing what he's told, what's legally right. All he has to do is take a thumbprint and a driver's license. He doesn't have to say anything, ask any questions. Where'd you get that? You're looking a little, you know, sneaky there. No. So when they talk about proper procedure, well, that's proper procedure. Just want to let people know that. And, you know, and again, guns, I'm telling you, I got two guns, okay? But, and one is registered, because that was back in the day you had to do that. I'm not for any way to make guns available one way or another, selling them or buying them. Because, you know what? There's just too many guns out there. It's too easy to get one. And I'm not even sure a pawn shop has to do a check on you, you know. I'm not sure what that policy is. But I know pawn shops, if they're doing a public service, they are also doing a public service for criminals. It's basically a legal fencing operation. Ms. Carlisort. Carlisort, 1621 Northwest 82nd Avenue. And, yes, I've been administered the oath. I support the Second Amendment. I believe in it. I believe in my right to defend myself. I'm a woman who lives alone. So I have that right. The man who's opening this pawn shop, he's doing everything legally. It's not against the law. Nothing he's doing is illegal. Only criminals do things illegally against the law. And by the way, guns can save lives. There's many stories about that. So I do support the pawn shop. Oh, and you can get some really nice things in these pawn shops. You should take a look sometime and see. Oh, and one more thing. Because I do believe in the right to defend myself and to own a gun if that's what I want to do, I think the gun should be available for me to go buy the gun somewhere. And he's offering that product. Thank you. Thank you, Ms. Short. We're seeing no further comments from the public and seeing no further discussion other than Councilmember Fadgen. Go ahead. Would the applicant like to respond to anything that any of the witnesses said regarding? Did you want to? I'm sorry? No, Councilmember Andrea wanted to speak as well. I saw you taking some notes. I don't know if you want to respond. Well, I mean, we're obviously not looking to open a new pawn shop or to add gun sales. We wouldn't be here asking for that. He's looking to purchase an existing building and really improve how it's operated and improve the appearance of the structure. So I'll let you respond. I would say that all industries have their bad actors, everything on this planet. Pawn shops are not immune from that. I can tell you that we are not part of that community. So if I came there to buy a gun from you, is it the same procedure that at Nexus, at Shooting Stray, I think that's the name of it. Yes, that was a comment about, you know, us being fencing companies, which we definitely aren't. But the procedures are the same. And I welcome your ATF license. I welcome anybody to come and see how we work. So we're fully licensed by ATF. Every firearm that comes in is recorded and tracked. Every firearm does not leave the store until a federal background check is conducted against the client. They are approved from that. That's not optional. That is not optional. A bunch of years ago, the laws changed to be a little bit more strict in Florida. Before that had happened, we were already a bit more strict than that. We had no time sold to anybody under 21, even when it was allowed at 18. As I mentioned, we do track all the firearms on FDLE's stolen website and confirm that they're not stolen before we do take them in. And again, no firearm ever leaves our store without approval from ATF. That was erroneous. How big of the sales is gun sales to the pawn shop? Is it necessary in order for you to be viable? It is not necessary for us to be viable, but it is a contributing factor in our profitability, being able to pay for our bills, our 35-person staff, and for them to support their families. Gun sales, and I actually have this number, it's not a huge part of our business. It is under 10%, but we do have those members of the community who either use us for lending services who are in financial constraints and they need to borrow money, sometimes a firearm is all that they have. That's their biggest asset. It's jewelry, right. Sometimes it's a purse, sometimes it's a tool. So we never discriminate against anybody for their items. We try to assist everywhere we can. And we do have plenty of people who do visit us because they feel like they need to protect themselves. And so they used us to purchase the firearms from. We also have, on a number of occasions, simply denied a purchase to our clients. We did not feel comfortable with them. They said the wrong thing. You know, we try to listen closely to what people are telling us about themselves when they're talking to us about the firearm. We're very careful to listen and make sure that they're not operating. What kind of training do you have for your salespeople regarding that? So we have a number of printed materials that everybody reviews, in addition to on-site training with my existing team members. And the computer system does a lot of this work for them in terms of, again, tracking people. We have the ability to close an account within our system so that even if they go to another one of our locations, that they can't say something different. They may be able to purchase a firearm. My staff has the ability to flag an account so that they cannot purchase a firearm at any one of our locations whatsoever. And anybody can do that if they feel like, you know, something is wrong with this client. We don't feel comfortable selling them a firearm. So each one has the authority to make the decision not to make the sale? Correct. Okay. Thank you. I just want to follow up on a question that Council Member Thadgen asked, is that in terms of your percentage of sales, if let's say you did take over ownership, 18 was passed and the conditional use was approved, but the variance was not, and you were not approved for retail gun sales, would you still be able to be a business owner in that location, in Plantation? I would have to say yes. Yes, it would hurt our bottom line. Again, it's become an integral part of our company and, again, our profitability. Sometimes, again, that's just, that is what people have in terms of their ability to borrow against. And, you know, if they don't come to me, they are going to go somewhere else, unfortunately. But there's no, I can't run those numbers exactly to say how much that will change our ability to be viable as a company. It's not a majority of our business, I can say that honestly. But it has become an integral part of our operation. And I want to ask a question that's pretty detailed, and I don't know the answer, so it's not a, it's not one that I'm asking, just seeking to hear your answer. And if they were not permitted, and this really goes to the city attorney here, is that if they were not permitted retail gun sales, but were permitted to buy guns, is that accepted, is that excluded in the language regarding allowing retail gun sales? You mean in the request before you? Correct. Or, correct, before us. Okay. So we'd have to change that if that's what the decision would be. Well, I'm, I'm, the language that, that I'm seeing, at least in number 19, is saying, variants, their request is to allow gun sales. Right. If that was not approved, does that also exclude purchasing guns by not, not approving the variants? Meaning that, is that, would that be a separate, is that part of the conditional use of having a pawn shop that would be included in 18, if that was to be passed? I understand your question. I don't know the answer. I'd have to look into that. But, I'm not, I'm not sure whether or not that someone came in with a gun to pawn. Right. They would hold it, if they're pawning it, for the 30-day period, and if they came back, they'd have a gun that they owned and couldn't sell. So that's what you're asking. What would they, can they do that? Correct. I'm, again, just in listening to the questions that were being asked, and knowing that they have other, other pawn shop, or other locations, they could possibly sell it at another location that wasn't this location, if that was, but my, my question really is in regards to the, the fine print of the, of the, the request and the, the resolution that is here before us. Right. So, we'd have to make sure that's explicit in the resolution that they would be able to accept the guns, but not sell the guns. And that would be a part of, quote, unquote, the condition that you would approve it for. So, I'm not sure, for their business practice, if that's something that they've done in other places, in other jurisdictions, but, well, I'm not, understood. And I, I haven't heard them ask that as an alternative, and, um, but I wanted to just clarify and follow up on those questions. Um, Council Member Andreo. I think you already asked and answered my questions. Thank you. Okay. Uh, next we have Council Member Anderson. I just, I remember that, because it's such a unique building that my whole life, seeing that building, but I don't remember, I don't know who can answer, when did it become a pawn shop? I know it was a flower shop before, I just don't know when. Anybody know how long a pawn shop's been in that location? I thought the, uh, doesn't the report say that it was approved in 1994? That's when it switched to pawn shop? Yes. That was, mind me, what I read. I don't have first-hand knowledge of that. Sounds about right? Yes. Okay. Okay. That's it. Thanks. Can I make another comment? Go ahead. Um, just, just to also, uh, clarify that we're not, uh, asking for new use of firearm sales. Uh, it is currently existing, currently approved, currently licensed, uh, by the city, by ATF, by the state. Uh, we're looking to operate in the same fashion, uh, and if, if it helps the Council out at all, uh, we do not deal in Class III firearms, uh, which are additionally licensed. Uh, so those are, uh, full auto weapons, for example, uh, suppressors. Uh, these are items that we do not deal with as a company rule. We have no intention to deal with them. Uh, we also, as someone made a comment, we do not operate any shooting ranges. Uh, we have no plans to operate any shooting ranges. Uh, nobody can operate a firearm at our location. Uh, every firearm is, is trigger-locked, uh, and, uh, leaves the building as such. Uh, no firearms are loaded within our building from any of our clients whatsoever. I'm sorry? You don't sell ammo. Oh, we do sell ammo. Um, yes, but we do not load firearms at our location whatsoever. And just to clarify, I thought you just said you were not asking for the, um, for the allowance to sell retail gun sales, making the comment that it was previously done there, but you are. It's a variance that, uh, I, I thought I heard you just say that. I was, it's, it's currently allowed, uh, currently licensed, so what we're asking for is the continued use as it is currently licensed. However, because of the change of the conditional use to your ownership, you also, you need the variance, so it's allowance. That is what I was explained, yes. That's correct. Yes, understood. It's not that they are currently do not deal with them and we're asking for something new. We just want to continue the operation as it is currently licensed. Mayor? Thank you very much. I have two questions. I don't know a lot about guns, so if you could talk a little bit more, what kind of guns you deal in, like long guns, you know, like K-47s obviously and crap like that. How, how, how, and, and the second question is, if you were to be denied, what would happen at this pawn shop? Would he just stay open, do you think, or could it be something else, or have you had any conversations like that? Sure. Um, the, um, with regards to firearms, we, like I said, we don't deal with, um, what are called class three firearms, so it's, it's full auto weapons and suppressor based items, but we do deal with handguns and long guns. Um, so unfortunately some of them, uh, look scary, but they, they really do operate the same as any hunting rifle would. That does not look scary. Um, I know that some people don't accept that argument, um, they operate the same, it's, it's one trigger pull, one bullet, and that's it. And same as a five round revolver, the same as, you know, if you would call it a 30 round magazine. Um, uh, to the next statement in terms of the current owner, he, um, he's an owner operator, he, he has no staff, um, so he's trying to retire. He's not, he's not an old, old gentleman, you know, he could stay for, for a number of years. Um, we also, uh, in trying to do things the right way, the legal way, as we always do, uh, which is why we're here today, um, all of our acquisitions have been, uh, an asset purchase, which is we're not purchasing the business, we're, we're just acquiring the assets and operating under our new licensing. Uh, we could, in all of our previous acquisitions, purchase the business itself, which would mean that we wouldn't need to get new licensing and just continue to operate smoothly with the existing license, uh, without new approval. We prefer to go this route. I prefer a new change, you know, new ownership on the license to do things properly and correctly. I hope that answers your question. Yes, sir. Councilmember McGuire. Thank you, Mr. President. Just a final comment, following up on your, um, questioning about whether or not this location could take in guns and perhaps you sell them in another location. I think you have two south of 595 on 441, two locations, south of 595 on 441 and one north. Um, and I don't wish, you know, to alleviate the concerns of, because this is a commercial district, as I said, that we're trying to elevate, but, um, to former Vice Mayor Martin's, um, point, there is a lot of residential, um, over there and I think that that community has been very sensitive to gun violence. Um, and to alleviate their concerns, could you, in essence, to the President's point, take in the guns and, um, send them to your location south? I don't want to push that on another city, but if we make the determination that we want to keep the gun sales out of that zone, um, would you be willing to do that? Sure. Um, so I guess I'm going to have to bring you in on some secrets. Okay. Uh, which is, uh, one of those landlords, uh, we do not own that property. Uh, they do not allow, so he's not given us approval to deal with firearms. Okay. So it is not an option for us there. Um, the City of Hollywood has no issue with that. Okay. Uh, my second location there, uh, we are currently on a month-to-month lease. The landlord plans to most likely redevelop that property. We will be forced out of that location. Okay. Um, so, um, even if those were options, I would say that the mass transportation of firearms in a personal vehicle is not exactly a secure endeavor, uh, and depending on who would do that, uh, it lends itself to any number of security concerns. And we certainly don't want to find ourselves getting, uh, hijacked. Point well taken. I don't want to be on the news with saying firearms are stolen from, you know, pawnbroker. Right. But if you're listening to the concerns of the community, then I think that the option would be, um, again, I've indicated how I'll be voting tonight. But if you do get the approval, I think you've heard the concerns of the community about even accepting the gun. So, you know, thank you. So, we have two different items before us, items 18 and 19. Um, we're going to, um, first, uh, take the vote on item 18. Item 18 is the request for the conditional use. Um, I will add that, um, everything that you've presented and everything that I've read and we've had conversations, um, you would be a great business owner of, uh, of a pawn shop. A pawn shop is currently there. It sounds like you want to improve it and make it better for, for the neighborhood. Um, my concern is with number 19, which is, uh, the variance to allow the retail gun sales. And, um, I do think that we've heard from, um, not only the residents that are here, but we've heard from representatives speaking on behalf of a lot of residents in Lauderhill right across the street. And that is a concern we've talked about before, that there are really no boundaries. Uh, and in reading, um, the, the backup from, um, our, our own staff that, um, discussed some of the potential adverse, uh, effect on the peaceful enjoyment of the surrounding property. Um, that's my concern in regards to the gun sales. Uh, I don't see any further, uh, comments or any further discussion in regards to item 18. We have a motion and a second. I'll ask, uh, Ms. Beggarro to please call the roll for item 18. Council member Fadgen. Yes. Council member Horland. No. Council member Anderson. No. Council member Andreu. No. Council member Reinstein. Yes. Thank you. For an item 19. Motion to approve. I would just like to make a quick comment, two comments regarding that, since it sounds like, um, I'm not going to get a second. Um, I feel like 10% is a significant, um, portion of someone's business. If the, if you're doing a financial statement, it would probably be at a threshold that you would be disclosing that, that line of business. Um, but the second thing is, is that criminals aren't going to go through a legal process to obtain their guns. So, I feel like he's heavily regulated. He's doing the, the appropriate background checks. Um, and if this is going to continue as a pawn shop, a third generation, very professional operation, this is the kind of, um, company that we would want to, um, continue this and his investment in the, uh, property if he decides to continue with the transaction. So, I would request a second on this, but that's all I have to say. Thank you. Mr. President. Yes. The item needs to be voted on. The item, by virtue of the failure of item 18, cannot pass. 18 did not pass. Thank you for clarification. So, based on the failure of 18, number 19 is moot? No, we still need to vote on it because it's on the agenda, but it would, it would fail because the, the use variance is continuing upon the conditional use being approved. So, because of the failure of the use being approved, the use variance cannot be approved. So, it would, it would fail. We just need an action on the item because it's quasi-judicial. Understood. So, I will second the motion so that we can move forward with the vote. Um, so, so, as far as, uh, discussion on items, uh, on item 19, so every single person that was, uh, was, was called up for 18 and 19, um, was there anybody who spoke on 18 but did not say what they wanted to say in regards to 19? I, I will give you leave. Mr. Conklin, go ahead. Because I yielded back so much time for item 18. Dennis Conklin, 4581 Northwest 6 Court. I've been sworn I understand the rules. Um, what I wanted to, uh, reinforce was, um, the use of a pawn shop is for people that can't qualify for loans. They can't get credit cards. They can't even open bank accounts. That's what this is all about. Accessibility of cash so that they can live. All this other stuff about criminals and stuff like that, it's been pointed out. Criminals are not going to go through the legal hoops. Mr. Conklin, are your comments as to number 19? Correct. Okay. And this is about the gun sales. I sold my guns when I moved out of New York down in here. Don't anybody come to my house? I got other ways. Those guns are expensive. And if you've got to keep the lights on in your house so that your baby is cool in this summer, or you've got to put food on the table, or buy formula for that baby, and that's what you got, by God, I would part with my guns before I did. And I yield back my time. This is wrong. Thank you, Mr. Conklin. Seeing no further comments, no further discussion, Councilman Anderson, is that you asking to continue? I just wanted my two cents. I didn't say before. I waver back and forth on this. If I wanted a pawn shop in the area, it sounds like a very responsible person to run the business. And I don't have, though I have some reservations of gun sales, I believe in the Second Amendment. I own guns. However, exactly what Councilman Irland said, we are revitalizing the area. We have brand-new publics coming in. We're fixing the hotel. We level the hotel, hospital, and so forth. We want, if we had to pick, we had to start from scratch, which we're doing, I wouldn't say let's, I know we need a pawn shop there. They're accessible all up and down 441. It's another mile away, or whatever. So I'm taking this as an opportunity to say, shake the etch-a-sketch, and let's envision something new. So it is 100% nothing against pawn shops or the owner. If we needed a pawn shop in the area, I would line him up first place. It's nothing against responsible gun owners. This is what does our city need right there when we're revitalizing. That's the issue. So that's my two cents. Ms. Bargaro, please call the roll. Council Member Fadgen? Yes, you did. I didn't hear you. I made the second for the purpose of the procedure. She's calling you for a roll. Oh, okay. Yes. Council Member Horland? No. Council Member Anderson? No. Council Member Andrew? No. Council Member Reinstein? No. Thank you very much for participating in that discussion. We'll now move on to item 20. Item 20, PP23-0061, consideration of a request for a conditional use approval for racetrack. The property is located at 1790 North Pine Island Road and is zoned B-7Q, planned commercial development. And before we do that, I think, Mr. Morgan, do you need to read the summary? Do you need the resolution title? Correct. I can. Thank you. Just for the record. And we're going to be doing, and we're going to be doing number 20. 20, a resolution, a request for approval resolution proving a 24-7 gasoline failing station with a 6,008-square-foot convenience store racetrack as a conditional use to be located in B-7Q, planned commercial development district, zoning district, on the property line in Section 32, Township 49 South, range 41 East, and described as part of the Jacarena partial 345 as recorded in Platte Book 97, page 10. I know the public records are brought at County Florida being further described in Exhibit A attached here to and located on the southeast corner of West Sunrise, Biloire, and North Pine Island Road, 17, mining North Pine Island Road, providing for conditions, providing for saving the clause, and providing for an effective date. Thank you very much. For items 20, 21, and 22, most of the – I understand, before I get to you – most of the people that have signed up to speak have asked to speak on all three of the items or just simply written racetrack. So what I'll ask is that when you do come up for your three minutes that you address your comments in regards to all three items since the presentation – the presentation will begin with PP23-0061, and we will be voting on that separately before we get to 21 and 22. But if you're – since your comments will all be related, we'll just ask that you keep them all together. Councilmember Fadgen, did you still have something? Yes. I just want to make my Jennings disclosure. I met with the applicant and received many emails from residents. I did not reply, but I did review them. And the meeting and the emails will not affect my vote. Thank you. And I'll make the same Jennings disclosure, having spoken to the applicant as well as their counsel, as well as having received many emails and responded to as many of them as I could have. And that will not affect my vote. Thank you. I, too. Go ahead. I would like to make my Jennings disclosure. I spoke to the applicant and many residents via email, and it will not affect my vote. And I would also like to make the same Jennings disclosure. I met with the applicant twice, and I have spoken to many residents. I currently have 46 residents who have been for it and seven against. So I've tried to respond to everyone. Councilmember Anderson, did you buzz in? Yes. Oops. Yes, I wanted to make a Jennings disclosure. I did not speak to the applicant, but I have numerous emails and have spoken to residents over the course of time, because this has been around. Even though it hasn't gotten to us, it's been brought to us. So I've talked to residents. It will not affect my vote tonight. Mr. Holmes, you're up. Thank you. Thank you, Mr. Chair. As indicated, for the record, Dan Holmes, Planning, Zoning, Economic Development Director. As you indicated, we will do a presentation for item 20, and then we will do the presentation for the remaining two items together. So when you're done with 20, we'll take a vote on 20, and then we'll move to items 21 and 22. Okay. But we will have the discussion beforehand. Thank you. Okay. Thank you very much. So this is application PP23-0061. It is a consideration of a request for conditional use approval to permit the addition of the gasoline filling station use within an existing B7Q planned commercial zoning district. This B7Q district is located at the southeast corner of West Sunrise Boulevard and Pine Island Road. This location map just kind of gives you a location of the property. You can see it right there at the southeast corner there. The address is 1790 North Pine Island Road. Some background information. The agent for this request is Maxwell Kaplan. Legal representative is Jan Alota. As I indicated, the address is 1790 North Pine Island Road. Size of the parcel is approximately 1.89 acres. The zoning is B7Q, planned commercial development district. The existing use of the parcel, as you know, is a vacant bank facility that formerly housed the Wells Fargo Bank. The underlying land use is commercial. And the adjacent zoning districts are B7Q to the north, B7Q to the south. PRD 16 to the north, PRD 16 to the east, and PRD, what is that, 3, I think, to the west. Just a little bit, I want to say about the planned commercial development district, because it's a little different than most of the other districts within the city. The concept was introduced to the plantation zoning code back in 1975, and when I say it's different than the other conventional commercial zoning districts, such as the B1P, B2P, B3P, et cetera. If you were to go to the business list for the B3P or B1P within the code, you'll find all the uses that are permitted within each of those districts. And so no matter which zoning designation, if you looked at throughout the city, a B1P here or B1P elsewhere, it would permit the same uses. The B7Q or the planned commercial development districts are a little different. Each B7Q district is unique and has unique uses that are approved via conditional use approval by the council. So if you look at, and as I show here, we have approximately 15 B7Q districts within the city. So each of those districts have different uses that have been approved or have been ascribed to those districts. So that's how they differ than the conventional zoning districts. Also, just a little bit about the B7Q. It was kind of designed to give some flexibility in design, but you'll notice when you look at many of the approvals under B7Q, that there are also controls that the councils in the past have sort of put in to those districts, not just sometimes limiting the use, but they'll be very precise about certain buffers and what those buffers must contain or what have you. So you'll find some additional controls within those B7Q districts. Now, with regard to the subject B7Q district, this property was zoned in 1977 from A1, which was the city's agricultural designation, to B7Q, pursuant to Ordinance No. 1329. This ordinance imposed restrictions on the development. Specifically, it limited the B7Q district there to low-intensity commercial uses, such as banking, general office, and medical office. It further established development restrictions. There are some setbacks and some other architectural standards that are designated within that ordinance as well. The limited uses, if you kind of read through the ordinance, kind of ensures that the development of that B7Q district or property zoned B7Q would be compatible with the surrounding area and would not intrude onto nearby residentially zoned properties while maintaining architectural compatibility. So, in general, the planned commercial development districts, most of those standards are found in Section 2792 of the Code, which sort of outlines the standards and the review criteria that are to be considered throughout the planning, design, and development process for a planned commercial district. Section 2792.1 specifically identifies the procedure for changes in plans to a B7Q, which is what the applicant is requesting tonight. So, the B7Q district exists. They're requesting to modify the uses approved within that district. And so, Section 2792 basically says that to change the uses there, to make changes to the district, it has to go pretty much through the same procedure that the original designation of the district went through. So, that's why we're here tonight looking at this use as a conditional use to add to the B7Q district at that location. And then further, Section 2792.5 B sort of sets forth that all available and proposed candidate conditional uses within the B7Q zoning district shall require conditional use approval, sort of subject to the conditional use criteria that's set forth in Section 2745 of the Land Development Regulation. So, the criteria that's set forth in Section 2745 are the criteria that staff use to sort of evaluate the appropriateness of the proposed gas station use to be added into this proposed B7Q district. So, what I'd like to do kind of is just kind of go through, and there are eight of those criteria that are set forth within Section 2745 of the plan. Just kind of briefly go through what those criteria are and just kind of give you some background on staff's analysis and evaluation of whether or not the proposed use sort of fits those criteria. So, first off, criteria 1 basically says that for uses which require exterior construction, and this use would, as indicated, there is an existing bank building on the property vacant. The proposal would be, of course, to demolish that existing building and to rebuild it into a racetrack gas station. So, this would require construction. So, for uses which would require exterior construction, the applicant shall submit a site plan for the parcel on or within which the conditional use permit is sought, which correctly reflects things like landscaping, ingress, parking, buffering, the typical things that we look for within a site plan. And so, unless waived by the City Council or staff, conditional use approval should not be considered without such binding and buildable site plan. So, we do have a site plan that was submitted by the applicant that we did take it through our development review committee process, which helped us evaluate the appropriateness of that use to that site. And so, we find basically, based upon that, that the applicant has really satisfied the criteria for, or the standard for criteria 1. Criteria 2 pretty much states that the proposed conditional use shall be consistent with the general plan for the physical development of the district, including any master land use plan or portion thereof, adopted by the City. We do find, for example, it says the general plan. The underlying land use here is commercial, and so the applicant is proposing a use that would be consistent with the general plan criteria of commercial. So, there are two sort of policies that we kind of identified within the comp plan that, you know, we kind of questioned whether the application, like, really fully complied with that. The first is intergovernmental policy 1.2.2, which basically states that the Planning, Zoning, Economic Development Department shall continue to review the comprehensive plan, the comprehensive plans and plan amendments of surrounding areas like Broward County, Davies, Sunrise, Lauder Hill, Fort Lauderdale, to assure mutual compatibility, particularly in the areas of land use and streets. The formal and informal mechanisms used shall continue to include membership on the Broward County Metropolitan Planning Organization and the Technical Coordinating Committee or Transportation and Streets. Given, and I'm going to talk about a little bit later within the presentation, but we know that Broward County and with regard to some of the Primo plan and some of the things that their comp plan is espousing with regard to, you know, some of the different transportation and transit-oriented type development that they're looking for cities to kind of do to support Primo, you know. We're trying to coordinate with that county agency and, you know, we have some questions there about the full compatibility of that section. And then Section 1.6.2, which again just kind of deals with the use of land and structures, including open space parking on site, traffic flow, mixed use categories, planning your development and standards, ensuring the compatibility of existing and future uses. And it's whether or not we really feel that this use would really be compatible with some of the future uses with the way that corridor is kind of developing. And I'm going to go into that in a little more detail in just a moment. So that takes us to criteria three, which says that the proposed conditional use shall be in harmony with the general character of the neighborhood, considering population density, scale and bulk of any proposed new structures, intensity of character of activity, traffic and parking conditions, and the number of similar uses. And further, it states that the use at the proposed location must be found to not create traffic hazards or traffic nuisance because of its location, turning movements, turning movements, things of that sort, and also where such use involves heavy onsite vehicular traffic ingressing or egressing from adjacent roadways or as deemed a trip generating use, a traffic analysis shall be submitted by the applicant, what suggested means of ameliorating such traffic impact on the surrounding property and neighborhood. So the applicant has submitted, you know, a traffic study, which we'll talk briefly about in a moment. They also submitted a marketing study, which we'll comment on. But one of the main things with criteria three that we had some concern with was with regard to harmony with the general character of the neighborhood along the Sunrise Boulevard corridor and stating that the Sunrise Boulevard corridor between Pine Island Road and University Drive is experiencing what we consider kind of a marked shift from auto-oriented sort of strip commercial and single-use residential to a pattern of mid-rise, mixed-use, transit-supportive development. And I just kind of want to go over for you, and you guys are probably pretty much aware you've been here approving of much of these items, so I just want to go back and kind of review sort of what's happening along this corridor and what's kind of changing, you know, the direction in which this corridor is moving. First, you're aware of the 8601 West Sunrise Boulevard property, where we approved the site plan back in December of 2024. This proposal approves sort of a transit-oriented mixed-use project, including a 25,477-square-foot ground floor retail frontage on Sunrise Boulevard, an eight-story mixed-use building with commercial and residential components of approximately 512 units. Approved at the site, a one eight-story apartment building, five three-story apartment buildings situated in the middle, and 15 townhome units situated to the rear of the property. So that was approved back in December. Secondly, you'll recall that at 8190 West Sunrise Boulevard, back in April, we approved on second reading, approval for changes to land use and rezoning to this parcel, which approved, you know, which kind of paved the way for the next step, approving the site plan for this site. And what's proposed there is pretty much also a TOD sort of oriented project, which has a proposed 7,182-square-foot bank of America building fronting the corridor, an eight-story, 307-unit apartment building and site enhancements to the Plantation Square shopping center at the southwest corner of West Sunrise Boulevard and North University Drive, which you sort of see at the corner right here. Third thing we'd like to point out is we're currently in the process of reviewing at the Plantation Point Midtown. There's a pending review at the DRC level. Nothing has come to the council or has been approved at the council level just yet. But what's underway is what we're reviewing is a six-story, approximately 300-unit apartment building, Plantation Point, presently contains also extensive high-tech general office uses, including Motorola, and has recently incorporated supporting retail and restaurant uses along the Sunrise and University frontages. The addition of substantial residential units will complete the sort of evolution of this campus into a mixed-use sort of campus. And I'll talk about in just a minute some of the the restaurants and retail uses that's been approved at this campus. And then you'll remember several years ago we approved the Lena Apartments, which is located along North University Drive, just south of West Sunrise Boulevard. This included approximately six-story, 306-unit residential development, which sort of demonstrates that there is a demand within this area for medium to high-density housing that's close to both the Sunrise Boulevard corridor and the University Drive corridor. And then, as I indicated, there has been retail and restaurant uses that have been approved in the area. So you can kind of see, over the past several years, this area is sort of taking on a different direction. We're moving more toward sort of a mixed-use, kind of TOD-oriented type development along this corridor. There are some other requests for additional residential at the Plantation Point site. We haven't received those applications yet. I have been talking to the owners of that site. So, you know, just wanted to kind of point out to you what's sort of happening here and why we feel that this entire corridor is changing and why we're sort of calling into question the approval of a much more auto-intensive use such as a gas station, which we feel is sort of incompatible with the complexion and the way this corridor is sort of changing. I want to add to that in terms of some of the work that we're doing. Again, looking at where the county is going as well with its transit plan. You did have a presentation by Broward County several months ago on Broward County's primo plan. If you look at the map here, you'll notice that the Sunrise Boulevard corridor, which is this corridor right here. The blue kind of denotes bus rapid transit. So it is proposed to have bus rapid transit running along the corridor. And so some of the development that we have within that Sunrise Boulevard area, we think is very consistent with Broward County's future transit plans. But I want to point out that Broward County is also considering as an option future light rail west extension. So you'll see on this map too that they're showing an initial light rail development within the Fort Lauderdale area. But they're showing that there are two options here for extension of that light rail. One would bring light rail up the State Road 7 corridor along the Sunrise Boulevard corridor west of 441 out to Sawgrass Mills, which means that we could potentially have transit running along that corridor, which would be very consistent with where we're kind of moving things along the Sunrise Boulevard corridor. The other option, of course, would move it north along 441 and extend it along the Oakland Park Boulevard corridor and then kind of work its way back down to Sawgrass Mills. So we've been taking that into consideration and trying to make sure that we're doing the necessary land use and transit-type planning to help implement this long-term vision. And just a couple of things on the Broward County Primo Plan, like I talk about transit-oriented development. A transit-oriented development corridor is designed to facilitate mixed-use development with access to transit stations or stops along existing and planned high-performance transit service corridors such as bus rapid transit. Again, that's what this corridor has been designated as. Sunrise Boulevard corridor, a TOC corridor, should be designed to be consistent. The Broward County Transit Master Plan, the Broward County Metropolitan Planning Organization's MPO, Long Range Transportation Plan, and the Broward County Transit Development Plan. And I'll talk about kind of where we're going to kind of make sure that we are consistent with some of those policies. And then finally, a transit-oriented corridor typically incorporates design criteria to require pedestrian connectivity to regional transit stations or stops with development that is mixed-use with a sense of place and is transit-supportive. And so that's kind of, again, where we're moving with regard to this corridor. But before I move on from this topic, I want to remind you of our kickoff to our comprehensive plan. We had a meeting back in October of 2023, you may recall, where we started talking about some of the changes that were occurring within the city. We know that we were going to continue to have population growth within the city. We wanted to try to address some of the housing affordability issues that we identified in the city. We also talked about in that meeting kind of moving from our flex zones. We had several flex zones through creating a unified flex zone within the city. And as part of that discussion, we identified what would be some priority redevelopment areas for both those flex zones and then what would be the best way for us to kind of shepherd our new growth or direct new growth within the city. And one of the things that we discussed was kind of moving that development to first the Midtown district, which is already under the Midtown plan, calls for additional density, moving some of it to the State Road 7 corridor, where we have the local activity center. And then we identified back in 2023 the potential of the Sunrise Boulevard corridor to help, you know, to ensure that particularly as we were talking about the flex plan in order to not have adverse impacts on the surrounding development within the city, particularly our residential areas, we wanted to make sure we were targeting those flex units to certain areas of the city. And so we did look at the State Road 7, I'm sorry, the Sunrise Boulevard corridor as a way to undertake more smart growth and move development there and protecting other areas of the city. So I say that just to bring to your attention that the Sunrise Boulevard corridor is changing and we did have a concern with regard to the use that's being proposed here, which is more just an auto-centric use, which we don't think that really would tie in well with the more TOD oriented type use. So we just don't feel that that use is appropriate along the corridor. So we did not feel that the applicant really met this criteria. I touched base on the applicant's market study. They did provide a market study where they tried to indicate that there was a demand for an additional gas station within this area. Their market area that they kind of looked at, you'll see the subject site is kind of located right here. And so within a two-mile area sort of north and then also east and west, they identified that as the subject area of their study. Within that area, they identify 11 existing gas stations that exist, convenience store gas station uses that are already within that area. And they indicate that there's still this urgent need for more gas station uses. We think that probably 11 stations are there's a lot of availability or options to gas up in that area. But they also kind of utilize within their market study, they kind of use some information that they get from the National Association of Convenience Stores to rationalize the market demand. The first thing that they kind of look at in terms of determining demand is that they identify that on average there's that individual cars would use about 10.4 gallons per week. I'm kind of focusing in on this line right here. They identify 53,500 trips kind of going along both the Sunrise Boulevard corridor and also the Pine Island Road corridor. And so they're saying that there's approximately 53,500 vehicles sort of traveling. And with each of those vehicles needing about 10.4 gallons per week times 52 weeks, they're saying that the market demand in the area is about 28,938,231 gallons in there. So that's what they say is the demand that's in that area. And then to identify the supply, basically indicating that they think that there is a deficient supply based on this demand, there's some other information that they use, again, utilizing some data from the National Association of Convenience Stores. And they kind of use two methods to determine what the supply. The first one is it's based upon the convenience store count in the area. And they indicate that approximately that each store, for example, gallons per week, that they kind of sell 32,023 gallons per week per store. Although they kind of talk about 11 stores in the area, they really just identify eight stores that they honed in for this analysis. So times the eight stores that exist in the area times 52 weeks, they're saying that that only creates about 18,317,349 gallons, which is well under what the demand is here. They also use another method called the dispenser method, where they basically indicate that per dispenser, each dispenser on average in a year's time, there's about 297,794 gallons from each dispenser. So times the 63 dispensers that they identify within the market area, they're saying that that would produce approximately 18,761,000 or so gallons. Again, under the demand that they're showing here. Then what they do is kind of average both of those together just to kind of make it more accurate in their opinion. So they indicated that there's about a demand of about 18,539,210 in the area. And so they're just showing here that if you subtract, you know, this demand from the supply here, this is sort of using those different methodologies. This is what the deficit is in terms of gallons that are needed within the area. We did look at this. We did have some issues with regard to this. I mean, they identified the number of cars that are traveling along Pine Island and Sunrise. Two questions. I mean, how many of those cars are actually electric vehicles traveling along there? So this number could be slightly overstated. And then I'm not quite sure also in terms of the count, because we're looking at the number of vehicles on Pine Island and also Sunrise. We wondered also, because all those cars are not just going through the intersection, some of them are turning off Pine Island onto Sunrise. Is there a double counting of vehicles? Are they counted once on Pine Island? And if they turn, are they counted again for Sunrise again? So, you know, we're not, you know, that wasn't quite sure to us as we looked at this data as well. You know, perhaps they can clarify that. So those were some of our problems with regard to that. They also indicate that Racetrack such a high performer that they will kind of dispense a lot more than the average convenience store in the area. And so they do indicate that this deficit would be decreased because of the amount of gallons that actually that they would add into the market. And they also talk about in their study that they kind of provide a superior product to some of the other stations that are there. Didn't really see any qualitative analysis as to how they determine that they provide a superior service to some of the other ones. So I'm not quite sure how they determine. I'm sure Wawa would probably say that they provide a superior service as well. So I'm not quite sure how they've determined that. And then as I indicated, there was a traffic study done. We didn't really have any major issues with the traffic study. It did kind of show and we did talk about it as part of the development review process that there would be some turning lanes and stuff that would be added to sort of accommodate some of the traffic maneuvers that would that would be required if this use were added to that corner. Criteria four says the proposed conditional use shall not be detrimental to the use, peaceful enjoyment, economic value or development of surrounding property or the neighborhood and will not cause objectionable noise, vibration, fumes, odors, dust, glare or physical activity. Also, you know, DRC staff shall also review the proposal for conformance to septic principles or what have you, which we did do again with regard to the proposed conditional use. Again, I just want to draw your attention to it shall not be detrimental to particularly the development of surrounding property. Again, as I said, the way the Sunrise Boulevard corridor is kind of shaping up and changing into a more TOD type oriented use. We think the addition of this use would be kind of counter to where we're going on that corridor and that it would not be really consistent with the direction that we're moving in. Some of the turning maneuvers and stuff that would be added there if we're looking for a more pedestrian oriented type corridor as well, that's going to add more conflict with pedestrians as they're trying to cross the street as well. And then at some point, if the county is going to bring light rail along that corridor, it's going to change some of the lanes and some of the other things. So there could be some inconsistencies that this use could have as we move forward. So we also had some concerns about the addition of more that we'll be adding one of the most intense commercial uses within this area. And the B7Q district to the south still has relatively low intensity type use. It's very similar to what was approved to the subject B7Q district. So we thought that there could be some detrimental impacts from this intense commercial use being added to the district. Further, some of the things that they're asking for is for their canopy lighting to exceed the city's lighting standards, which we felt could probably have some spillover effects into the adjacent roadways and perhaps onto adjacent properties. They have indicated that they don't think that that's the case through some of the studies that they've done. And then I've touched on some of the turning lane maneuvers and stuff and how that could conflict with pedestrian safety already. So we didn't really feel that they fully complied with criteria four as well. Criteria five said the proposed conditional use shall not adversely affect the health safety security morals or general welfare of residents, visitors or workers in the neighborhood. And again, we kind of talked about the way this is changing and that it could actually have some adverse impacts on residents within the neighborhood with the addition of that use. And finally, although convenience stores and gas stations provide useful goods and services to the public at large, their proximity to residential areas can negatively affect certain aspects and quality of life within the area. This is a 24-hour operation that they're looking to put in place. And there could be some negative operational externalities from a 24-7 use located at that intersection. So we did have some concerns about that as well. And then as we move to criteria number six, criteria six says that the proposed conditional use shall not in conjunction with existing development in the area and development permitted on existing zoning overburdening existing public services and facilities such as roads, water, sewer, or what have you. Again, this application and the site plan did go through the development review process. We didn't find that the application would have any real adverse impacts on the public facilities and services. So we didn't find that they were incompatible with criteria number six. Criteria seven states that the proposed conditional use shall meet all other specific standards which may be set from elsewhere in the code of ordinances for such use. Their application as proposed would not meet some of the standards in the code for landscape pedestrian zones setbacks and buffering and things of that sort. They are requesting variances or waivers from those criteria. So if the council were to approve the conditional use application and the site plan with those waivers, they would be consistent with criteria seven. But as it stands right now, without that approval, they would not be. But we generally found because they're requesting variances here that they would generally comply with criteria seven as well. And then finally, criteria eight says the proposed conditional use shall disclose the square footage of the use sought for approval so that an adequate evaluation can be made of the conditional use in keeping with the standards and criteria of this article. We did find that they submitted a site plan which did identify and disclose the square footage of the use or what have you. So we did find that there was consistency with criteria number eight. So based upon that and based upon the fact that we did not find that they met all of those criteria, our recommendation was for denial of the conditional use. Happy to answer any questions. I know, I don't know if you want to hear the applicant. Thank you, Mr. Holmes. I'm going to turn to my council. Does anybody have questions now that they want to ask Mr. Holmes or would you like to hear from the applicant first? Council member Fadgen. Okay, just one question. You were saying that the requested use is staff doesn't envision that on that corner because of transit-oriented development. So what is your vision for that corner? What would you say go in there? Well, you could continue to have more office or residential use at the corner. You could have retail at the corner if you go back. Hard to see here, but this is the corner that we're looking at. You could have a building that sort of wraps around here that would kind of be consistent with the more mixed-use transit-oriented design that could be office. And I'm asking for more. What's the height that they could put there if someone came in there to put an office building or what we probably really know is an apartment building? The existing height for that I think is five. I think it's five stores. Five without asking for more? Right. Okay. All right. Thank you. Seeing no other requests for Mr. Holmes at the moment, we can have the applicant. Thank you. And then just a reminder that we're only going to be focused on the conditional use approval. Certainly. I did prepare a presentation for all three, but I can certainly divvy out the conditional use. Once again, Jane Elota with Holland and Knight with offices at 515 East Las Solas, Fort Lauderdale, Florida on behalf of the applicant Racetrack Inc. I am also, as many of you know, a plantation resident, been living here for over 30 years at 621 Southwest 74th Terrace in El Dorado Estates. We have a fairly large contingent with us here tonight. I believe I'm going to ask them when they do come up, I'm going to be calling them up one by one for their specific discrete items that they're going to be testifying on with respect to the conditional use. I'll ask that they provide their name, their company and address as well as confirm that they have been sworn. And I will take this opportunity to say that I have been sworn and I understand the rules. So real quickly, we do have a number of individuals here from Racetrack Inc. Samantha Jones, who's the director of engineering, Mercedes Gregorio, project manager, also another plantation resident, as well as Chris Gorshall and Kelly Harrington. We will again, as needed, bring them up to speak to specific items regarding the item. Max Kaplan with Thomas Engineering is our civil engineer. We have John Erickson, our project architect. Juan Ortega, our traffic engineer. Mary Bates, our landscape architect. Bernard Kinney is our sound and acoustical expert. Brian Terry, a planning expert and landscape architect. As well as Jason, and I hope I'm saying his name right, Harbruska with Diamonds the Engineering. And he's here and available to answer any questions regarding any environmental or the fueling operations associated with the use. All right, so before we kind of get into the meat, I'm just going to take care of a few housekeeping items. Last Wednesday, I provided you all, I provided the clerk with our, it's an affected party form, but it's the form as the applicant that we were required to submit outlining who our experts were and any additional documents that we were going to provide. So I'm just going to provide that again for the clerk, as well as our CVs of the various experts just so she has it again. And once our presentation is done, I do have a printout because I know it was a lot of printing to hand to her as well. So first up, I will now just try to quickly go through the presentation because I know we have a lot of other folks that are going to want to talk as well as the public and I don't want it to be too late of a night for you. Real quickly, and I am going to provide some information regarding the site plan because I do believe that is important to the conditional use to show the buffering that we're providing, the circulation and whatnot. I will skip over the items regarding the waivers and we can handle that on the separate item. But before you tonight is, of course, three different applications, the first of which you're taking now, which is the conditional use approval to amend the existing B7Q zoning to allow the service station and accessory racetrack market use. Again, I think the location of this is well known. It is at the southeast corner of Pine Island and Sunrise Boulevard. It is abutted by commercial to the north and the south and to the northeast. We have the Walmart neighborhood market and larger shopping center, plantation crossings to the northwest. Across the street into the north is B7Q zoning as well. As recently as 2012, there was a Shell gas station that was there for several decades located on the northwest corner. And of course, the city center, which was B7Q, I believe was rezoned to B8Q as part of that approval. The five-star residences to our east on the other side of the 100-foot wide canal. And of course, the Bank of America building to our south. Again, our address, all this was in the staff report, so I won't go back through it. It is presently, and it's been vacant for about five years as a pre-existing Wells Fargo bank with a five drive-through lane. So it had a fairly large drive-through. And while we're on this area, I'll just point out, one of the kind of constraints you have with redeveloping the site is the existing footprint. And this was a bank. And because of the way it was laid out, we have part of the large retention area is actually kind of in the middle of the site there at the southwest corner. Just a little bit about Racetrack. They are a third-generation-led family-owned company that currently owns and operates across eight states, almost 600 service stations and convenience markets. By and large, their largest footprint is in the state of Florida with 250 locations presently. All of our locations, and I think this is important, are corporately owned, operated, and managed. And this is important because many of the smaller gas stations that you see here in plantation tend to be owned by franchisees, which means there's not that corporate presence on site. All of ours are corporately owned. We have no franchise locations. The location of this particular site will create 25 to 30 new jobs. It'll also result in increased tax revenue because simply by virtue of the purchase and the new improvements thereon will cause the site to get reassessed, which you all are going through right now. I know with your budget talks that you've had prior to this meeting. At this location, we are proposing, and I know this word's been used, prototype. When we say prototype, we mean that it is one of our newer style of locations, which means the fueling canopy, for example, is lower than what you're traditionally used to with a racetrack. It has that larger market, the 6,000 square foot market, similar to the Wawa product that offers not only your typical convenience foods, but fresh food offerings as well. We're known for our expanded coffee bar, our swirl world, frozen yogurt. It is providing that kind of an experience as well as the very clean, safe atmosphere to quickly and easily fuel your vehicle on your way to work or whatever destination that you may be traveling to. They try to become a very good member of the community. They have give backs for first responders, free coffee, for example, that helps with our kind of just our presence on our site. In honor to one of our founders who's battling Parkinson, we are heavily involved with the Michael J. Fox Foundation for Parkinson's, as well as Camp Sunshine. Here is a color site plan of the site, and I'm just going to quickly go over a few items with respect to the concept and the site layout and design, and then I'm going to start asking some of our individual experts to come up and talk about various items associated with the application. So first up, this is the colorized site plan of the site that shows the layout. Unlike a lot of the racetrack markets that we have, one that we just opened down in Hollywood, our circulation is primarily basically the parking on the west side with the fuel pumps located towards sunrise and the market located behind it. We have landscaping south of the building, so no circulation there, as well as to the east. That is our large storm water detention area. What is the the location of the fuel pumps towards Sunrise Boulevard was purposely done for a number of reasons. One, Sunrise Boulevard between the two corridors is by far the heavier traffic of the two. Plus, as you'll hear in a moment with our market study, we anticipate that this service station is going to serve those residential communities, in particular west of Pine Island, that are traveling eastbound on Sunrise to points further east, whether it be University Drive, the Turnpike 95, or downtown Fort Lauderdale. Presently traveling through the city of Plantation, eastbound on Sunrise, there is only one gas station eastbound on Sunrise throughout the entire city. It is the mobile gas station located at the southwest corner of University and Sunrise, and that is an older station with only four fueling pumps. We're proposing eight fueling pumps or 16 fueling stations, again with that lower canopy with the market behind it. While I'm on here, real quickly, I'll highlight and our landscape architect is going to go into this in a little bit more depth. Ms. Lota, I'm sorry, just for a moment. If we can just try and stay on conditional use. This is this is associated with the conditional use because the the traffic through the city that relates to our market study and the need which was specifically spoken about during Mr. Holmes presentation. Very good. Thank you. Thank you. Now you gotta I gotta get my place back up here. So um the uh real quickly on I'll try to be quick. I I'm sure you all are anxious. The darker green circles that you see here on the slide that represents all of the trees, the existing mature tree canopy that is going to be retained on site. And we have been uh and you'll see in a moment when Ms. Bates comes up to speak about the landscape plans. Uh that retaining of that mature current tree canopy does a very good job in providing the buffer and it and attributes to the compatibility of our use to the surrounding uh residential uses. This drawing also shows another thing that we exceed as far as the uh the code is concerned which relates to drainage and is the pervious area. We are actually exceeding the city's pervious requirements by over three percent. We're providing 38.6 percent pervious based on purely the green area that you see here on our site which is very unique in the city and unique for a gas station in the city of Plantation. Uh real quickly the circulation because I know traffic was also mentioned. Uh we are providing a new eastbound right turn lane into the site off of Sunrise Boulevard. Presently there exists a right in right out that will be maintained. Again we anticipate that this is going to be the main um kind of interest and use for this site because most of the traffic we anticipate coming to the site is is going to be traveling eastbound on Sunrise Boulevard. Our traffic engineer in a moment will come and speak and talk about how gas stations are a convenience type use. People want to be able to pull in and pull out because it's usually something that they need um right away and because of that most of the traffic into the site is actual bypass traffic which are vehicle trips that are already on the road. The other uh change on the circulation presently there's a right in right out off of Pine Island that will become a right in only and that is a product of the regulations of Bard County because the proximity of that access point to uh the intersection to the north. I'll quickly run through the elevations because our architect's going to come up and talk a little bit more about them. This is important because some of the uh items that were raised by staff in their staff report and I believe as they started talked about the compatibility of the buildings with the surrounding uh property. This is the computer generated rendering uh of the front of the racetrack and I think it's important for this council to know the um amount of changes that we have made in this building elevation since we first submitted the application to the city. A lot of the the brighter colors on the banding of the racetrack have been removed. We had a flat roof. We now have a metal seam uh roof parapet with that undulation that you see. The uh we've folded in the earth tone colors. Many of the colors are very similar to what you approved in the 8601 project. But admittedly if the council would prefer a lighter or darker color we do have the actual paint samples the the standing uh metal seam the stick the stacked stone that we're providing both on the building and on the columns of the canopy for you so you can see it real time and and actually feel what we're proposing. West elevation this if you're over lakes or on pine island east another pivot that we made that uh concerns noise and lowering again another respect to compatibility for planning and zoning we did um and you can this or profile canopy item again to use and sunrise a major one there at the corner the other positive aspect requirements by bird the sunrise a buffer is with uh discussions and whatnot so when you're looking at the comparison 2022 cars on a only address of critical consumption and needs a 500 time to clarify that everybody might have great coffer offering just like we're talking about the improvement of plantation so thank you that's my uh comments on the market study and i'll hand it back over to john thank you thank you chris um and i'd like to at this point um call up mary bates our landscape architect with evergreen design group she's going to come up and speak to the landscaping that's being provided tree canopy and their um circles that you see those in our uh certainly um after that um screen the facility even more trees will grow to make sure that um metal level is still covered um and this is the existing uh condition of what it looks like on that side right now so really what we're providing um is we're going to take out the really low quality plant material that's there and enhance it um with new trees that will do the buffering much better um and this would be uh the view from the south i i will point out um we have proposed uh fencing instead of concrete walls and that's really to limit the disturbance to the roots of the existing trees so that we can keep them as much as possible so if we had went with something with like a concrete wall or something like that that was more decorative you're probably going to do much more damage to the existing hedge that's there and the existing trees that are there um but this was provided at the request of um the neighboring um resident and then i think that's it uh the only other thing that i'll point out is on this front elevation um you'll see later there is a small reduction in size of the landscape planter that's in front of the building just wanted to point out that even though the surface level of that landscape waiver is less we are proposing to provide subsurface structural soil so that those trees always have enough root area to grow properly and not to heave the sidewalk or the drives that are there so that's another concession that we have thank you very much trying to get back into uh where am i sorry i'm going the wrong way forgive me at janelota once again um i'm sorry am i how do i go back here gentlemen i think i figured it out okay i apologize okay at this point i'd like to call up our project architect john erickson he is with the uh a principal in the architectural firm and i'm trying to get to the right thing of hill foley rossi architects make sure i got back to his first slide here we go uh good evening my name is john erickson i'm with hill foley rossi and associate architects and engineers located in duluse georgia i have been sworn in and i understand the rules i appreciate the time to address you all this evening and talk a little bit about the architecture for the racetrack building um as as jan has mentioned um uh you know racetrack has gone through and made um in conjunction with with staff and the city a number of modifications to their uh their their normal building design we've tried to harmonize with the um the local community which has a very diverse architectural history um you know the residential uh grew out of a master plan community uh has a rich uh history that goes back um for that and as well as now with sunrise there is um you know being a commercial corridor there is um many multi-story buildings and um and some commercial intense commercial uses so what we've done is tried to take and and articulate the building by um uh breaking up the massing and um adjusting the the heights of the walls we have um added hip roofs and um and gable elements with the standing seam um that's been mentioned previously we have uh some deep overhangs uh that provide shade and uh again some additional articulation and fenestration where we're trying to address more of a pedestrian approach um uh to the building and then we have stone and stucco uh in a neutral neutral color base to uh to work with the the natural materials and the color palette of the community um so you know in in these changes what we've tried to do is uh address the building that respects the the existing community and architecture that we're here while preserving some of the national racetrack brand and identity that they have so that um customers can uh have that identity and and know um what to expect when when they're um you know approaching the building and and working with the community um um that's the that's uh primarily uh what i'm here to address and then if there's any questions or or comments to to hear from you guys thank you i'll quickly uh just go through uh some of our remaining slides while mr erickson stands here for a moment um again our elevations uh this is the the rear elevation one thing i'd like just to highlight is uh we have a concrete parapet that we're providing on the building all of our mechanical equipment a ch vac ventilation and whatnot is located behind that parapet and you will hear in a moment from our noise expert uh that as a result of that there are are no noise impacts to the surrounding community as a result of that equipment so you can kind of see that equipment through the dashed lines kind of on top of the building but behind that concrete parapet another item that uh we i believe provided a letter with respect to is the the renderings this is the actual computer generated rendering so it does appear to be lighter all the values were entered based on the materials that we have and renderings can vary depending upon the top you know the time of day bright day sunlight and whatnot and again we have the materials here so if there are any um you know comments or suggestions or changes that's um requested by the council we can certainly accommodate that all right here's again the project design and the reason we are highlighting this again is that most of the i'm sure the comments that you're going to hear uh comments of staff and part of the criteria relates to our architectural compatibility with the adjacent and surrounding uses um it's one of the criteria that's actually in our b7 q's uh zoning ordinance and so it was very important to us to um you know constantly be engaged with staff listen to the community and adapt this building uh to those kind of comments that arose and also to have um mr erickson here to talk about the surrounding architecture and how we blend and harmonize with that what you see here listed are just a number of the items and elements that we folded into and where we kind of pivoted on this project to adapt it to again harmonize with the the local community in the area surrounding us uh real quickly and this is important again because one of the things that mr holmes mentioned in his presentation and i believe in the staff report is that we are not we don't satisfy the architectural criteria in the actual ordinance the b7q zoning ordinance uh there's very few items in that ordinance relating to architecture one is height and we comply with the height limitations the other one is you can't have any unpainted concrete block we do not have that and then as mr erickson just testified to the building and structures are compatible with the materials and colors of the adjacent buildings and neighborhoods and again i would just turn you to the 8601 project which had very similar colors the other item is is the pcd requirements and these are just a few of the items that show how we comply with the design standards of the pcd requirements in the city's code we are maintaining mature trees and and infusing new landscaping actually exceeding the code requirements in many respects providing privacy fencing even on a property line where it's not required by the code but was requested of our adjacent property owner again we exceed parking we exceed the code's open space and pervious requirements uh the other two design uh criteria that's outlined in the code is section 27 291 and 27 300. um you can read here all the items where we have specifically factored in the items that are outlined in that code uh including uh being compatible with the adjacent developments in height and scale uh which is certainly uh which is more the case than uh if we were to build a much taller building uh it's consistent with the the bank of america building to our south and as well as like the single family on the west side and the td bank to our north uh we are going to be providing safe pedestrian circulation to the street facing sidewalks and of course i just mentioned all of our mechanical equipment is screened roof and roof mounted and we are utilizing the metal seam roof both on the building as well as the canopy uh for 27 300 again you see the variation of color surface textures the use of hardy boards standing uh stack stone as well as other elements throughout the architecture and now i thank you for your time i will bring up our traffic engineer uh juan ortega good evening mr president mr mayor council members juan ortega for the record with jfo group inc traffic engineer for the project i was thrown in i understand the rules so my presentation is very brief just want to highlight a couple of key points on this project number one is that given the nature of the use that is being proposed you know most people do not leave home put gas and they come back home most people don't leave the office gas and go back to the office most people put gas on their way either home or office so most of the traffic associated with the project being generated by the project is traffic that is already on the roads given the design of the driveways and based on our conversations with barra county you know we are providing a right turn lane on sunrise on the eastbound direction because the anticipated uh number of people that are the most number of people that are going to come into the site they're already traveling eastbound so they make a right in put gas get the coffee and keep going now as part of the safety improvements and design of the project currently there is a right in right out driveway on pine island that for safety reasons um and we agreed to make it better the right out is being removed to avoid having people leaving the site to make a u-turn at sunrise so we only have a writing with the cross connection that we have with bank of america in the event that we have customers that come to the site and have to go back whether it's home or office they can do so through the bank for america site they go southbound they have a full driveway and and they can make a left so and that's why the impact of the traffic is is insignificant it's calling under the florida statues at the minimum impact because it's less than one percent of the design capacity for both sunrise and pine island and last but not least um you know in addition to the impact fees that the project is going to pay the project is going to contribute 107 143 dollars towards the city's multimodal master transportation plan i'd be happy to ask any questions at now or at the end if you have any thank you for your time thank you very much i just one uh one point is that as the night progresses if if residents um feel the need to have conversations with each other i just ask that you go outside for the conversations um we're going to give the applicant as much time as they need for their presentation just like we're going to hear from all the residents who want to speak and uh and we'll do that in due time so please give the applicant your attention thank you thank you janel luda once again for the applicant and i'd just like to point out that the traffic impact study was um provided at the outset of this uh application went through very series of review with the city's traffic engineering consultant and um the item was able to progress as the city had no objections to the information that was provided i will now ask bernard kinney he is our noise expert noise and acoustical consultant to come up and provide the information that he uh gleaned from his noise survey of a recently constructed racetrack down in hollywood florida mr kinney good evening my name is bernard kinney with bernard kinney associates inc i've been sworn in i understand the rules uh basically the existing site we went out and took a 24-hour ambient measurement used in the l50 noise metric per chapter 16 noise a weighted fast response time we came up with the numbers like 55.5 for the whole 24 hour and we separated out hour by hour to see it's pretty consistent about 55 and that's at the east property line of of the proposed site so we wanted to see what the sound level character was before we superimposed a a new racetrack onto this site so 3990 griffin road in hollywood there's three basic noise generators for a racetrack the rooftop hvac which is covered by a parapet at 74 feet were below code uh so we don't anticipate any impacts on rooftop hvac i even took the measurements at the opening where you have an access to go to the roof the fuel pumps again 62 decibels right up against the road we don't anticipate any noise there there's too much traffic noise on sunrise and pine island road to interfere with that type of an operation and with 30 years of experience and being a member of the dot noise testing we do traffic noise studies all day long it's probably going to be a lot higher just in the traffic so the two key generators are the delivery and dumpster area so when i went to 3990 griffin road i you never know what you're going to get you're very lucky we got dumpster removal at the same time as a delivery truck was coming in so we're able to get the dumpster slap you know the air brake release from the air gas truck heavy truck idling all of that together 68 decibels at 40 feet using the city's metrics so when you extrapolate that out to the east we're under the code we're under 60 for multi-family to the south we're under 65 for that commercial parking lot and just to note when i was out there for 24 hours there's trash removal out there right now at that corner just behind the bank building i think it services that office building so about 5 30 in the morning they're coming on through making a lot of noise so basically when you look at all these key generators and our separation distances there are homes a lot further to the south that um they're way too far away jacaranda lakes 234 feet lauderdale west 427 at that point you're back to ambient you can't go below ambient i mean the calculated numbers will take you into the 40s in some places you can't go below the ambient you're probably in the low 50s you're probably higher just to the west because of the roadway traffic so your traffic patterns out there generally dominate this whole this whole parcel and you can see the the drop off about 11 30 12 o'clock at night right through four in the morning you're going to get lower numbers probably in like in the low 50s and then it's going to pick up again throughout the day so we don't anticipate any noise impacts and we were confident we can meet the noise ordinance chapter 16 noise which i believe a long time ago i helped the city work on so back in a day so basically that's you know that's a synopsis i mean the noise is you know we're able to get up capture the key generators so worst case scenario superimpose it on the site we can meet the ordinance we don't we're comfortable we won't have any problems with the noise thank you mr kenny i just want to ask you one question um from your testimony i understand that the the largest noise generator for the racetrack is going to be uh the delivery kind of dumpster area which uh for the record so the council knows that is the area where you see the 77 47 and this 117 being measured from the dumpster is located um approximately 17 feet from our east property line uh and 77 feet north of our south property line um mr kenny am i correct that the measurement that you took at the hollywood location was uh closer than the 117 feet to the east property line as 40 feet you measured it at 40 feet and at 40 feet based on your experience and how sound dissipates just over distance is that where you came to the conclusion that we were going to be compliant with the noise ordinance as it relates to that east receiving property line probably your distance doubling for from going from 40 feet to roughly 120 feet the distance doubling sound sound drops off approximately six decibels per doubling a distance so we're roughly going to drop from 68 to 59 at that 117.19 mark and the 77.47 to the south we're going to drop to 62. that's a commercial property line which is 65 daytime and and and for the the council's pleasure one of the items that we've agreed to and it may even be part of the conditions of approval is that our deliveries that are to be made in that area and any waste management pickup will be made during the daytime hours so that we will stay fully compliant with the city's noise ordinance so my last question i have for you based on the distances to the lauderdale west community which is here at the southeast corner of the property which is over 427 feet away and the jacaranda lakes community which is over 234 feet away from the pumps which is the the only noise generator that you have over there in your expert opinion do you anticipate that there'll be any adverse noise impacts on those two properties at that point you're going to be at the natural ambient because i calculated numbers of 46 and 47 you can't go you can't go below ambient so whatever the ambient is out there we've already established it's roughly 55.5 it may be a little the ambient may drop a little bit because you're leaving sunrise but pine island road is still there so at that at this sense it's it's irrelevant there's there's you wouldn't it wouldn't even be audible in the background same to the west thank you so much all right real quickly i'm going to uh we have mr kelling harrington here he is the director of asset protection for a racetrack but in the interest of time i'm going to quick run through this slide myself uh one of the other items that was raised and again is part of the criteria for the conditional use is um security uh health safety and morals i believe is the actual condition how it reads uh in the criteria for conditional use uh as this is a corporate owned stone store all of this is pretty much uh the same across their their entire uh i want to say fleet but that's probably not accurate all across their entire uh portfolio of stores but there will be high definition cameras recording 24 7. uh the lighting again is we are asking for a light waiver we'll speak about that a little bit later but it is the um illumination that is being requested by the city of plantation police department for under the canopy for uh for just safety security and visibility um but also is is consistent with the other gas stations that were recently approved by the city of plantation presently your code provides for 15 foot candles uh the wawa that was approved down the street um has into the high 20s mid 20s to the high 20s illumination under their canopy so the lighting that we're proposing is consistent with not only the industry standard what's being requested by the city of plantation police department and is consistent with the decisions made by this council in the past uh the project's been designed taking into account crime prevention through environmental design cpet principles uh with our landscaping both in outside the store but also inside the store again through the drc process we have folded in many of the comments that were raised by the police with respect to site visibility and whatnot i already mentioned the strong relationships that we have with local law enforcement and first responders uh we have already signed up for the city's criminal trespass program and the signs have been posted on the property that was another kind of concern with the neighbors was loitering and people like homeless encampments and things like that which is something we do not want to see on the property and we actually revised the project to eliminate that outdoor seating so hopefully that addresses in and some of that concern raised by our neighbors our employees we have a very stringent kind of robust training program to train our employees on de-escalation robberies guest engagement they're all strapped with panic alarms at the cash wrap and worn on the belt clip uh all of these uh should hopefully allay a lot of the concerns that have been raised uh the next item and unfortunately um mr duke was unable to be here tonight but we also uh proffered last week a potential impact study uh by walter duke many of you probably know mr duke he's a very well-known appraiser here in briar county and we asked him to look at uh several other race tracks and and perform an analysis of whether or not the construction of a race track at this location would negatively impact any of the surrounding property values as you can see here these are the conclusions in his report again his report is part of the record uh but namely he his findings were that the studies revealed that the development of commercial market and gas station did not negatively impact home prices and subsequent appreciate within a mile radius the commercial development contributed to the sustained upward momentum in surrounding neighborhoods neighborhood appreciation trended upward consistent with and in some cases exceeded the broader community and there was no evidence of property value declines and here i would just kind of point out up until about 2012 there actually was a shell gas station located uh directly across the street on the northeast corner of sunrise and pine island but we wanted to make sure to include this uh again as part of the criteria and as we know that this was one of the concerns raised during our community meetings so at this point i'd like to bring up our planning consultant uh brian terry and he'll go through the uh conditional use slides and provide you our evidence as to why we believe we do meet all of the criteria good evening uh brian terry with insight studio uh i have been sworn in and i do understand the rules um so bear with me i don't have a lot of pretty pictures that you've seen with some of these other slides um it's a lot of words but i do need to touch through um the different criteria that were that were spoken to related to you know the conditional use request and they're really there are eight of them um as mr holmes went through very clearly i think staff um has identified that we're consistent with a few of those items and so i'm going to just touch on those that that they identified that we were not um and so i'm going to start with number two and again this is the proposed condition use should be consistent with the general plan which was sort of brought out of that conversation by mr holmes for the physical development of the district including master plans and and therefore that are adopted by the council um i i think that what we really wanted to focus on with this aspect is that you know this site in of itself has um some limitations there was a lot of conversation about tod about some of the direction that that the um the city has has moved towards i think some of the plans that brower county have um this site in particular um is you know less than two acres it's not a tod site um but more importantly in my opinion is some of the items that are within the city's adopted uh comprehensive plan and we listed a series of the different objectives and policies that you see that we believe that we are consistent with um and i think i'm just going to note a few that are very uh impactful i think they're very specifically the commercial use they're in the land use element of your comprehensive plan and they specifically objective 1.8 commercially designated areas shown on the future land use map shall provide for convenience general shopping and services for the city residents and visitors this shall occur in neighborhood community and regional scale centers and in cohesive central business district serving all of the western um broward county residents policy 1.18 which directly follows that and is specific again to these commercial uses when we bring it down to the neighborhood serving level um that those services should be scaled in land and floor area in specific need at the residential neighborhood which generally speaking i think that's what the concern has been by staff is that the residential impact um should be located to those at or near intersections of collector and arterial streets which act as neighborhood boundaries that's exactly where this is located on the intersection of those arterial roadways that serve those residents who would come to this location to be served by this commercial use and then lastly policy 1.2 8.2 which is directly after that neighborhood commercial areas primary for convenience shopping and services should be located to minimize the travel time and distance between the centers and the houses they serve buffer by landscape open space to preserve the environment and joining residential areas i think this is again a very valid point and there's a reason why it's in the conference plan it's meant to keep those trips local and to keep your residents local and so this is a community serving and as our traffic engineer noted um that those trips stay local on their way to and or from um the work the workplace um where's our little the consistency um and then and then i guess to ado we'll touch on the fact that we understand historically this has been a commercial corner it's got commercial land use um the use that's being proposed is not considered a heavy commercial use that's very clearly defined within the city's code and it does not include a a gas service station or convenience store so and there happens to have been one on the north corner of this exact same intersection for many years with also residential uses um adjacent to or near uh number three i'll jump to the next one again um you know this has two very primary objectives within the conditional use standard and and the evaluation um that is to be given and it has to do with uh again just documenting the demand and then the um not to create traffic nuisances right and so i think you heard from our traffic engineer i think that um uh there's been a lot of explanation as to as to um you know this site is going no matter what you put there is going to have traffic there's going to be um some impact now it's been it's been mitigated by the fact of providing for a turn lane um the traffic that is on the corridor is significant um i just also heard approximately i think i added it up to approximately 1200 units that's been approved and or being contemplated within very close proximity to this location um that is certainly going to generate traffic i understand and i certainly commend um the city and and the goals of of a tod corridor as a land planner landscape architect i certainly uh um i think that that is the direction that we should go but ultimately i'm sure in your zoning code you also require them to provide parking spaces for all of those residents that live there so um we understand they're not all going to ride the bus they're not all going to go on a mass transit system they're still going to drive cars and those are creating trips that are also going to have a demand and a need to utilize the services that we can provide at this location um number four it this is uh again give me one second sorry my train of thought here this is really the the concept of this is to really are we are we addressing the issues are we are we working within the community is the proposed design plan it's a conditional use specific to the site has it been designed and have the issues been resolved to really mitigate whatever impact may be perceived by locating a fueling station this location i think it's very clear the landscape i mean we did the evaluation ourself i am a landscape architect they meet or exceed all the criteria of the the amount of material open space pervious area that is required within your code uh for this use in in in the zoning district the lighting was just discussed that it meets the criteria for you know there's no spillage on the outside it meets the dark sky criteria nose noise that was a very thorough um presentation we just sort of related to noise so again in our evaluation as we look at it we think with all of those criterion evaluation points that had to be met have been met through the review of this this application um and number five this this is kind of in and it's really an evaluation again how do how do we deal with this in the context of this specific site and or other locations what's the appropriate location i think that there's very clear and for um that it's clear that there's other locations that are very very similar to this site um within the city um including the mobile which is at the at the northeast corner of sunrise and nobphill the shell at the northeast corner of cleary and nobphill as well as the mobile at the northwest corner of broward and nobphill each of those locations are in commercial land uses adjacent to or are very near other multi-family or single family residential developments um and and operating and functioning very in a compatible nature and have been for many years so um when we're talking about you know can it be done is does it will it automatically be an adverse effect to the to the morals or the general welfare well for the residents and community i think that there's proven information within the city itself that shows that it's not um number seven i think that this is again there there are multiple criteria that we have to meet or the applicant really has to meet with as they're proposing these this application and the specific standards and and just i don't think it was touched on in the staff report um as we were doing our evaluation you know the city has very specific criteria for fueling stations with that that are above and beyond whatever the standard zoning district regulation is there's actually seven of them i'm not going to read them um they are actually in i was going to quote at least the code section so that we're all on the same page but the section 27 105 s10 these criteria are very specific to make sure that it helps to mitigate and or um clarify any issues that may be related to that that gas station use every one of those criteria are certainly met with the application that's in front of you here this evening and number eight staff has concurred with um so i appreciate the time um that is my summary of the condition use criteria i'll certainly be available for question later on thank you we are in the uh ninth inning stretch so to speak uh i would like just to uh just briefly go back to a few items here i'm doing it again here doing the wrong button here uh with respect to the conditional use statement uh and and the criteria if i may uh because this is probably uh really the the crux of of what you're considering is whether or not uh to the absence of everything else whether or not we're meeting the criteria for the granting of a conditional use uh as it relates to item two and item three there was a lot of discussion raised by mr holmes with respect to the vision for this corridor the the fact that they have this vision for this tod along this corridor from pine island he showed you the map of the potential tod uh redevelopment areas he showed you the primo plan all of that first thing i'd like to highlight here is the language in item two that talks about any master land use plan or portion thereof adopted by the council a tod plan has not been adopted by this council you are considering as part of your draft ldrs uh the creation of a tod district uh which can if property owners want to avail themselves of it they can rezone their property to tod but at this point in time the council has not adopted a tod overlay or anything of that type to this property so i just wanted to highlight that and put it in the record the other thing i will note and i know a lot of you are thinking while we're considering it right now it's coming back to us within a matter of months uh that is not necessarily the case uh governor signed into law sb 180 sb 180 prohibits cities from further restricting properties or imposing new regulations even considering adopting new regulations that may affect property until at least 2027 if it is a county that was affected by a state of emergency of three different storms that affected the state one of which was hurricane milton and broard county was one of the counties stated in that state of emergency so i just want to put that also on the record as well uh so with respect to the primo plan uh again aside from the fact that this is not a tod corridor and we certainly appreciate the efforts that the city has made in this council with respect to the development of the mixed-use residential housing east of our site um as mr uh terry had indicated this property is less than two acres uh tod contemplates a very compact mixed-use type of development that's really to the extent that there's a development it anticipates that type this is a two acre piece of property uh and on the very edge of what the city contemplates to be tod we believe that we're actually furthering the primo plan he showed you the proposed uh improvements that are proposed by primo there's two different um types of mass transit primo is all about mass transit how can we provide mass transit throughout broward county to help get people out of their cars and it looked at corridors in terms of how many kind of trips right now are being used on mass transportation i actually have an exhibit that can show you uh once you go past pine island actually past east west of university it drops significantly most of the ridership is all east of university and that's consistent pretty much throughout the county my point in making this is that right now they're proposing a rapid bus transit line along sunrise that's i think the delta on that they haven't even started planning but it is to the extent it's going to be built they expect it to go into operation in 2038. the light rail at this point they're focusing on the south commuter line if you're familiar with that um but the the first thing that's going to come through is that rapid bus transit i just want to highlight there is a bus stop in front of our property and that bus stop will be continued to be maintained and relocated as part of our construction together with the enhanced sidewalks and pedestrian connections that we're providing so i just wanted to highlight that um real quickly and that relates to items two and three because i believe he also uh he was talking when he was talking about the harmony with the general character of the neighborhood he again uh harped on the the tod and what was going on east of our property we believe that we're in harmony with the general character of the neighborhood we provided a ton of expert testimony with respect to the architecture the buffering everything that we're doing and the fact that we're actually facilitating many of the goals policies and objectives in your comprehensive plan by bringing that needed use in close proximity to the neighborhoods that would use it and those are those neighborhoods that are located west of pine island uh they are not part of any tod plan that are likely going to stay and remain single family as they should all right turning uh to criteria four let me just see if i have anything here i want to just make a a point of oh i'll go back one thing i'm sorry i apologize i'm a little bit over the place uh one of the mixed use developments um as you know if you're familiar with the tod that the city is presenting it has a wholesale um i don't it has a wholesale prohibition of any auto related uses which means no drive-through uses at all can't have drive-through pharmacies no drive-through banks gas stations are prohibited of one of the developments that he cited to you was the one behind the japan in and that has a bank that's being proposed with the drive-through i highlight that only because having an auto related use is not necessarily fatal to being in an area that the city is considering to be tod so i just wanted to point that out for the record as well all right again we've already kind of gone through this so the one thing um i wanted to highlight on just one more item is that pretty much every single gas station located in the city of plantation is either across the street from a residential development and in some instances instances immediately adjacent to a residential development the gas station across the street from mars was approved by the city in a b7q zoning there is another gas station that's located in a b7q zoning it's the gas station across from hawks landing that is behind just west of knob hill on broad boulevard that zoning is also b7q i want to highlight that because again just by having a b7q zoning does not mean that a gas station is not permitted it's been approved at least twice before in the city of plantation next i just want to highlight here on condition seven and then i will close up with my closing comments and that is that the proposed conditional use show me all other specific standards which are set out set forth elsewhere in the code of ordinances first i want to highlight we are complying with all of the specific use requirements for a gas filling station in your code very few waivers are being requested as you'll hear of in a few minutes i wanted to highlight this because this is kind of the neat the nuance that you have to see in your code and this is where you read the code and the provisions to make sense our property is zoned b7q which is a pcd if you look at the pcd regulations it is a flexible zoning that allows for flexibility not only in the uses because every use is a conditional use but also flexibility with respect to the design standards the the the siting of the facility setbacks things like that and there's actually waiver language in the p7q or the pcd regulations i highlight that because you have to look at that in the context of this particular criteria that says you have to meet all the specific standards because we're in a zoning district where everything's a conditional use but it specifically contemplates waivers so we believe that we're satisfying this and you'll see in a moment because we have very few waivers that we're asking for significantly less than the wawa that was approved by this council several years ago so now i will pass over the waivers because we're not covering them right now and i will just close up by just kind of highlighting all of the items that we're providing again it's located at one of the few major intersections in the city it has a commercial land use with the b7q zoning which does allow the use as a conditional use that doesn't mean it's prohibited it means it's a conditional use that means the council looks at it with a little bit stronger lens to make sure that we are adapting it so that it's compatible with the surrounding areas and we believe we've done that even more than what you see with the other existing gas stations throughout the city the design the layout again has been purposely done to orient that that fuel canopy towards sunrise boulevard we've factored in architectural elements that were suggested by staff suggested by the community and continue to adapt it to address concerns as they were raised all the building equipment's mounted on the roof and screened by the structural parapet and again meets all of the design requirements of the pcd ordinance and the other applicable city codes while the use is 24 7 which is generally typical of the gas stations throughout the city and again i did a pretty good survey and with the exclusion of of very few the gas stations are 24 7 the bulk of the sales do occur from 8 a.m to 8 p.m the fuel and delivery drops they occur actually in the very front of the store as far as the fuel trucks right there up against sunrise boulevard uh sound you heard from mr kinney again we have screening of the rooftop equipment and the project will be fully compliant with the city's noise ordinance our lighting i want to highlight this a little bit more because mr holmes also indicated something that there you don't know if there's not going to be some sort of glare or lighting issues at the of the property line the interior and exterior lighting consist of led is recessed and directed downward to eliminate any spill off or spillover off of the property while we're asking for a waiver which i indicated why under the canopy all the areas outside of that canopy comply with the city's photometric ordinance including at the property lines again the field canopy lighting is downward facing it does not emanate outward does not create a glow or glare effect and we are fully compliant with the night sky requirements uh landscaping you heard from mrs bates that we are doing a very good job of preserving the existing mature tree canopy particularly along the south and west property lines uh the total trees on site will actually exceed the total tree count that's there now right now there's 48 trees when it's all said and done we're going to have a total of 89 trees we are uh preserving all but one of the live oak trees we're planting more live oak trees particularly on that east boundary that really has no landscaping right now and again you'll see in a moment that we're only asking for two landscape waivers uh and of course very importantly we're exceeding the open space impervious requirements uh environmental we do have our environmental consultant here if you have any questions but again uh fully comply with all of the regulatory requirements uh and industry requirements associated with full just fuel dispensation and now i am really in the end uh first off i'd like just to reserve any um time for rebuttal if necessary but i'll just conclude that we believe the evidence that's been presented to you tonight more than demonstrates that the application complies with all of the relevant requirements and criteria for granting of the approval of a conditional use and so we believe that the only appropriate action based on the record before you at this point is to approve the request we believe that if this board were to deny the application it would be inconsistent with the goals policies and objectives of your own comprehensive plan it would be inconsistent with the requirements of your zoning code generally and inconsistent with the development criteria governing conditional uses specifically that it would reflect uh a misapplication of those legal criteria and in violation of your own standards and procedures uh further we believe that it would not be based on substantial competent evidence and would not advance either the intent or plain language of your land development regulations um and i'll just close with one thing and that is i know you're going to hear in just a few minutes from a ton of different residents with their concerns and i would just ask that you consider all of the residents in the city of plantation and factor into the fact that there is large swaths of residents that live west of this site that travel on sunrise boulevard have children that maybe travel on sunrise boulevard and would appreciate the ability to have an easy convenient uh place to fuel up right now we have only one and that is the mobile at sunrise and university and i would just ask that you consider all of that consider the letters of support that i know you have received throughout the day um in improving this request and i thank you for your time and your patience very much thank you thank you very much uh i right now you um you had a little over an hour and 10 minutes and um i know that when we initially started uh i was trying to make sure that we were limiting to the conditional use i do want to make sure that i asked you again before we continue is whether or not you've had enough time to present everything that you wanted to present in regards to number 20 agenda item 20. i believe so but again i respectfully request to have the ability to rebut any comments that may come up or of course answer questions i again put it forth our entire consultant team is here for the council to answer any questions that you may have specific to the items relative to the conditional use um and again i do appreciate the time that you've given us very good thank you and uh since there's also a transcriptionist here i'm gonna look at you for a second would you like a brief break okay so if we can remain if we if we can remain with the quorum and just give her um give her a minute everybody can take a deep breath they can quietly stretch but let's give her a minute please and we're still on the record so i'm just going to ask if everybody can uh remain where they are okay um i've gotten the thumbs up that she is about ready to go and i don't want to say anything else because i know she wants to transcribe it so if everybody can please return to their seats yes council two everybody can please return to their seats everybody so we're back on um we've we've now heard the presentation from the city and from the applicant i'll now turn it to my colleagues for some discussion before we take a motion and then before we get to discussion from the public uh first one to chime in is council member fadgen thank you council president ryanstein um a couple quick comments i think the fence between the two properties on the south side of the property the fence is ugly um i think that it should not be part of it if um it should be removed from the um from whatever motion we end up making um then in our meeting with the applicant i requested that the the building itself be along sunrise boulevard to shield the um the pumps which is kind of i guess a new urban design standard for gas stations and urban areas um i do have a question regarding the uh market the market study the market demand i don't know if it's possible to pull up that slide that that had like 18 million gallons on it comes and one thing i just wanted to clarify uh regarding the market study because i i know um mr gorshall said that it did not include the wawa it didn't include the wawa in the number 11 but in terms of the amount of supply that's being provided it was factored into that and you can see that actually in the market study a report that was included in what we submitted last week as well as part of the application itself and just a minute i will i think be back there so it looks like i have a lot of slides all right here we go there you go okay so the the mark the 18 million 317 is that's not eight stations that's 11 stations i'll ask mr gorshall to come up and respond okay he was talking about a typo that's correct it's 11 stations it's a typo um it's not eight stations it makes up the 18 million gallons it's 11 11 stations okay so by my calculation that's like 1.6 1.7 million gallons per those stations and then you're saying that um the racetrack would um sell like almost 2.5 million gallons like is that like the the average you know the metrics that you're using is it is it assessing the type of the gas station uh the age of the gas station what the conveniences the gas stations are offering or or is it just a just a just a um a blended average so that nax evaluates in two different ways one being by amount of dispensers per station okay and one a flat each station has x so one is a broad scope the number is um in the original market study it shows per store 32,023 that is the broad brush every store x amount across each location in fordham but related to um per dispenser the specific number is 297 795 gallons per dispenser annually so is it just because you're going to have more dispensers on your property and not your offerings of your convenience store that's driving that no it's our offerings or convenience store that we uh our stores index above average so you're you know so your um your store is going to offer more than the other 11 stores basically based off historical data our stores will outperform the average in florida so i think in one of the traffic studies that it was you know uh i think the um they were saying that for gas or gas station service convenience stations um it doesn't drive traffic to it it's a it's a stop of convenience that is correct so when you're that much higher when you're 33 percent higher it feels to me that it is going to attract more traffic to that corner as opposed to that minimal i want to say it was like one or two percent in the traffic study is that my memory right um that that the effect on the traffic of the racetrack going in there while we need to speak to that okay i think what i have to consider i went out of your uh yeah sorry no i i i think just is he not able to answer the question because he was he was asking him the question so that's fine no sure that's wallard's expertise would you like him to answer the question yeah that's okay fine i i went through i went through two different disciplines so i'm sorry about that that yes and one is no one percent so it's one percent is the in based on the level of service of the road we estimate give and take 25 percent of new cars will come here out of the convenience of the convenience store meaning 25 percent we're assuming in you know assumptions that the city's consultant agree with that 25 of the cars that come here will go back to wherever they came from and 75 percent of the cars they are already so we'll create more congestion by 25 percent 25 of the trips that come to the site but that 25 equates to less than one percent of the capacity of sunrise or pine island so two different numbers i think what i'm trying to get at is um so you're saying 25 percent more um compared to the original use which was a bank and then one percent more actual congestion on the actual roadways the second part is correct it's one percent of congestion to the roadways i'm usually at half right so talk to my wife about that but yes so it's it's one percent you are correct in your second statement it's one percent when it comes to the actual congestion so what's already on sunrise and on pine island it's going to increase by one percent less than one percent correct what's the 25 percent the 25 is the number of so from all the trips that come and i will use the bank example as well okay so 25 of all the cars or all the trips that will come to the site are people that are not going to work or not going home they're people that they need milk in the middle of the night for breakfast okay so it is it's a destination 25 of the trips that come to us use race track as a destination yes um back to the market guy yes sir i guess what i'm i guess what i'm conflicted with is the the smell on the eye test you know i've never um i don't recall outside of a hurricane and even now like with the generators it doesn't seem to be a huge problem anymore i can't remember waiting in a line at uh at any of the service stations in our city so i kind of agree with the assessment of our staff saying that we don't have a supply issue because i guess do you have a metric about people running out of gas on pine island or sunrise probably not but i i just don't if if we were if every time i went to the gas station in the city and we're waiting i would feel that we have a supply problem but um i don't i haven't i haven't had that experience did you want him to answer that question because i i don't know if you're joking or serious but that might be a good question i don't know i'm asking okay do you mind repeating the question the regular city attorney doesn't uh um the question is is that my actual experience and i think the actual experience of residents is is that we don't we're not waiting for gas at the pumps so you're saying that there's a supply um issue in your analysis but our experience says otherwise so um i i don't understand i'm trying to i'm trying to reconcile that so how can you explain that to me yeah our data is referencing like i said the department of energy's consumption data so it's taking the traffic on the road and our data is looking at plantation all the different competitive uses but also looking at the traffic specifically at sunrise and pine island you know we didn't holistically touch on the overall trips at the intersection 2024 there's 120 000 trips a day at the intersection some of those are duplicated cars but we believe there's over 50 000 unique cars a day passing through the intersection so um to answer your question is that data is coming from u.s department of energy and we it's an access resource okay um thank you for your time that's all i have i just thought it was a good question that's all thank you mr morgan thank you mr president um i think to to follow up on council member fadgen's statement if you look at the continual use item three the council must find from a preponderance of the evidence that a present need exists um to service the residents and i think and i'm paraphrase that a little bit but um i i think i would have you know this the same concerns as you do with that um we've heard mentioned several times about other stations located near neighborhoods my question whoever can answer it jenna if that would be you um do those stations and i think you reference the one on cleary boulevard and the one on broward have the same number of pumps as this proposed station oh now you're going to get me um i believe that in our market study we actually surveyed those stations with the number of pumps okay so if you can restate the stations that you were talking about or you referenced i think two and i think we talked about that when we met today that are more or less um adjacent close by neighborhoods so the one on cleary boulevard okay i just east of knob hill and the one on broward boulevard you referenced near hogs landing okay i believe if i'm looking at the right shell there are three shells that were in the uh the two mile radius area one has it's a westbound which i believe that that has nine dispensers that's 1.5 miles from our site there's another shell that is southbound that has six dispensers that's 1.3 miles from our site and another shell that is westbound that has six dispensers that is 2.2 miles from our site so i am going to hazard a guess that that is the one on cleary's likely got six based on six okay and and that was my question because we we i want to make sure that we're not comparing apples to oranges when we're talking about intensity of use because this is eight dispensers um 16 pumps correct yeah it's it's six to eight correct right so i want to make sure that we're not comparing apples to oranges and saying that we have two gas stations that are adjacent to neighborhoods when they don't have the same amount of pumps so i want to be clear about that um my other question was um and and we've talked about it the you know we can reference that the the bank was there the bank has not been there for five years but even when the bank in its heyday would this not be an intensity an increase in the intensity of the use of the activity in the area our traffic engineer can certainly um come and testify to the the the change in the the trips um but i i don't know if we have accurate numbers at the time it was approved and many of you if you you've been around the land use game for a while you know that um back in its day when these things were approved uh drive-through banks were one of the most intense uses in terms of trip generation uh in the county and actually on plats they have specific notes in the note restriction that says no drive through bank can be approved without specific authority of the board of county commissioners uh since that time obviously banking has evolved um this this was a bank that had five drive-throughs at the time it has been vacant one of the um uh kind of concerns and comments we raise is that we know that it's going to obviously be an uptick in traffic associated with even the access points largely because there's it's been sitting vacant for i want to say almost five years but certainly mr um ortega can speak to uh the trip generation rate um associated with the gas station it won't take into account any vested trips associated with the bank because a lot of times they look at what's the difference um it'll be just the raw data on if this was a vacant piece of property thank you and we've had the numbers i think i just want to yes or no what the intensity of the use i believe it is certainly an increase but the one thing that we will qualify with that which he indicated in his testimony is that of those trips whatever that number is 75 of those trips are anticipated to be trips that are already on the road that are pulling in pulling out to get gas the other 25 are those people that are not driving somewhere else they are maybe they're running out to get gas and then going back home or running out to get the gallon of milk that he indicated and then going back home thank you um and i might want to ask you said you had an environmental um engineer we do i'd like to ask a question please okay and with the person who has two consonants in their last name i want that's why i want to make sure i'm saying because he's hra harboska please tell me i'm pronouncing it correctly would you like to pronounce your name for the record sure my name is jason rebusha i'm with diamonds engineering we manage the racetrack fuel prototype okay and were you sworn in and you understand the rules i have been sworn in and i do understand the rules thank you for coming up and answering our questions um you know one of the goals of the council in the city is to preserve the public health um of our of our residents so i do have some questions and i know that racetrack takes great pains to ensure that um their underground tanks are secure and obviously you try to minimize spills but spills would happen um you know occasionally i overfill my car not paying attention um so what i want to ask you is if if spills do occur it's important to prevent rain water from flowing over those spills um and for that seeping under uh in into our groundwater so um how does racetrack prevent that do it so um spills at the pump are they happen all the time they can be very small like you said you will fill your car they accumulate every time yeah most of those spills will hit the ground and assuming it's gasoline will evaporate prior to you even being able to clean something up larger spills so anything 10 gallons or more require more emergency response and the local staff for racetrack is trained in how to do that so proper ppe they have booms absorbing material all kinds of things to contain that spill prior to it leaving the property more importantly prior to it getting into a drain if it were to get into a drain there are also methods to clean it while it's in place there so larger spills are a problem in any gas station any petroleum industry right the smaller incidental spills will evaporate over time if as long as they're reported they'll be taken care of by the staff and so when we talk about the evaporation of the gasoline um would there not be benzene in those vapors there's benzene in all petroleum products there's also back in 2022 there was benzene in sunscreen that was recalled there's benzene all over the place but more importantly yes you're right it is a carcinogen it is in all petroleum products um as it evaporates you know normal wind and those things take those vapors away now vapors do accumulate so over time if you had a larger spill we have to mitigate those vapors as part of that cleanup so to take care of the benzene okay and the health risk thank you for answering those questions very welcome um miss loda made some great points tonight about you know sb 180 and and where we are in our com plan and i just want to say zoning is used by local governments to guide both to locations where benefits are maximized with minimal harm to quality of life and um i think some of the things um you know racetrack has really taken great pains to listen to the community and to listen to staff and and really um change this um project and i appreciate i really do appreciate that um but i think that you know some of the things are a little bit subjective about quality of life for the residents um so i'm going to end my comments just by thanking um you and your staff um for your time but i really want to thank the residents whether you're for the project or against the project for your engagement we need that from your emails and those listening in line and sitting on those hard benches tonight i'm waiting for this meeting to be over so thank you very much for your time thank you no further questions thank you councilman horland uh miss loder who is best to speak as to the the critical need testimony that will be um our market analyst who can come speak as well as um myself but sure if uh if that's mr warsaw as he's coming up i will talk to as far as the need and i will reflect once back against upon the uh the comprehensive plan language that was highlighted by our by mr terry and specifically it's not just in one but it's in several provisions of your comprehensive plan that specifically contemplates and uses the word shall to locate the um kind of the community serving uses and the gas station is one of those um in close proximity to those residential communities and at at corners on arterial roads and collector roads of which pine island and sunrise certainly are we have very few opportunities in the city to cite this use and while we have a host of gas stations down on broward boulevard i mean i think there's eight you can count within several miles uh two right across the street from one each other uh there is only one eastbound on sunrise boulevard admittedly there's a few north but if you're heading eastbound on sunrise to reach those stations you have to make a left into them then make another left out another left out to get heading back eastbound and so it's that coupled with the data that mr gorshall will uh will state to you now as to what we believe supports the the need for the market need for a gas station at this location and even just visibly looking even at this the two mile radius you can kind of get a visual view of there's really nothing on sunrise certainly west of us and just the mobile station south to the east thank you miss loda and um i wrote down chris i got that one right how do you spell your last name uh gershel g-o-e-r-s-h-e-l think herschel walker with the g got it got it uh related to the critical need question right so my my question to you is that um when we're when we're talking about um a a critical need and you're you're telling us today you're testifying today that there's a current critical need um what is the history of that critical need how far back are we saying that there's been a critical need for um a a gas station like racetrack in that location um i don't have the specific dates when the population growth and increase the traffic counts i do know the traffic accounts in this area have increased over 10 percent in the last three years from the study alone so i think as the population continues to grow and the market analysis and actually the deficient the deficit of gallons continues to increase for the area but really for the critical need specifically i think what that's calling out is again talking back to the convenience for the residents to the west and capturing that right and right out convenience store because really is only one good option and you know majority of our patrons are the right in right out customer headed to or from work wherever it might be and that riding right out so that customer is a customer i just want to clarify is that a customer that is going into the marketplace only or is getting gas and or the marketplace the combination of um you know we take value of our crazy good coffee and our hot food offerings and our pizza and everything else i had to use the buzzword i'm sorry um but we take pride in our food offerings but it's actually you know the stigma of you know inside sales versus gas it's really you know a shared combination of people are there to fuel up for convenience but they go inside and shop at the store because the reason why i asked for that distinction is that i know the point was made that the td bank used to be a shell gas station right that is across from that property and then i think that well apparently that that gas station failed or didn't continue for some reason so when we talk about the the history of the critical need i'm wondering how long there's actually been a a critical need for a gas station right there obviously on the other side of the road but still being in that same location and when you know when i look at the the market study that you've provided i'm i'm troubled by looking at all of those gas stations in our city and uh and understanding how there's still a critical need for gas stations um which is why i also asked whether they're coming just for the market and um i know you don't have it uh you don't have on that map um all of the you know all of the public cities and win-dixie and all the other places where you can go into a market different hours um but uh so i'm i'm i'm troubled a little bit with uh with the presentation in regard to there being a um a critical a critical need um do you want to speak to that please go it's related to critical need for convenient fuel and so if you look at sunrise there are options and and we're put 11 on the map but if you're driving on sunrise it's not convenient we're a convenience store it's not convenient to go down pine island cut over to brow river it might be take a left-hand turn from dangerous traffic whatever it is so the critical need is really for the patrons heading eastbound on sunrise to have safe ingress egress to the property and be able to continue on their way you know and in in that being also part of um the anecdotally in speaking to residents who go you know to public's and to the gas station right that that's where when we talk about convenience they're doing their shopping and getting their gas they are doing that but that in other locations which again is why um still troubled by the the the critical need um are you saying that they will typically prefer a gas station near a public's or no that um that we already have gas stations by um public's is that when we look at all these gas stations or we look at grocery stores that are where they're located that uh that they're able to accomplish the task of going to a market um getting what they need quickly in the marketplace that they're used to and and and if they need to get gas on the same on the same trip so on the same trip but uh i i understand and um i i think that's all i needed from you i appreciate um the all the information you've provided um i'm going to turn it over right now to council member andrea thank you thank you president reinstein can you elaborate more on the relocation of the bus stop jan a little once again for the applicant let me see if i can go here um presently that the bus stop right now there is no eastbound right turn lane the bus stop is up there on sunrise boulevard off at the sidewalk with the relocation of the with the addition of the turning the bus stop will be reconstructed and relocated further south um kind of probably like again adjacent to that sidewalk that runs along sunrise boulevard uh the final location obviously will be coordinated with bct uh the the bus service but presently it's being proposed in the same location just further south and i'll see if i can i believe it's right around in this area is that maxwell is that correct yeah no regardless of where the bus stop is located along sunrise boulevard it is going to be maintained and relocated further south to accommodate the eastbound rice right turn lane but our our intent is to continue to maintain that bus stop um not only does it provide a convenience i mean the store will provide a convenience for people who are traveling using the bct to come in and get refreshments within our our our our convenience store but also to further the goals of primo by providing a bus stop um consistent with what is their future vision for this corridor which is the rapid bus transit okay i i'm a little confused about the further south but it's going to be it's going to be located uh immediately south of the sidewalk the site what you see there in gray uh north of the green buffer is the sidewalk so it will be located either within or just south of that sidewalk because we want to leverage the the new shade that we're providing as part of that buffer for the respite of people who may be you know again waiting for a bus but it will be located on or just south of that sidewalk uh south of its existing location its existing location is further north because there's no turn lane there right now so it will be closer to the fuel pumps it'll it'll be it'll be it'll be closer to the fuel pumps if you were not to burn it to build an eastbound turn lane certainly but it still is in the appropriate location as to where bct locates those facilities okay and um and what sidewalk enhancements would you also be doing the the sidewalks will be meeting code um i believe that we'll be replacing where needed all the sidewalks around the property we are providing a pedestrian connection you can see here um on the the west side i have to say i appreciate this danny uh from the the site over to the sidewalk and then people can of course then traverse the site we put it there purposely so that people wouldn't be having to walk through the fuel canopies uh to the north okay thank you and do you oh i'm sorry one another question are there any race tracks currently that are not 24 hours not that i'm aware of all of those sites are 24 hours yeah and again that is consistent with um pretty much the operation of all the similar stores like this the the two wawas that exist in the in the city that were recently approved are 24 7. uh again my survey by and large most all of the gas stations are open 24 7. i appreciate you pointing me pointing out the mobile that is across from hawk's landing on broward they do close from 1 a.m to 3 a.m so they are closed for two hours during the middle of the night but otherwise they are open um the rest of the time throughout the week i think mr gershall wanted to out of our uh approximately 600 stores we have one in aqua georgia um that's not 24 hours and do you know every other all 590 other stores are 24 7. and why was that what decided upon to not be um guys across the public please let's give our full attention to the witness uh samantha jones with racetrack for the record i have been sworn and i understand the rules um that site does share a property line with single family residential it is about a 30 year old store that we've reinvested in several times um but at the time that was something that we agreed to with the neighbors and with cop county georgia and our business model has since changed i think has as the industry as a whole in that way thank you i am i think my colleagues also um have said it a few times but i am worried about the compatibility um of this location with the neighborhood um but i appreciate all of the revisions that were made from the original plan um and it really does show the intent to listen to the feedback of pnz and members of the community so i appreciate again you taking the time to make a lot of revisions to what was originally scheduled uh being proposed and again want to thank all of our residents and members of your team for staying this late thank you so i don't see any further discussion from the dais um i would like to start calling on our residents to give them an opportunity to speak um like i said is that i do have the the stack that people have submitted um i'd ask that uh please pay attention to the time you've been here a long time but we still have a lot of residents that we want to make sure we can hear so i will begin with miss laurie bernardy remember when you come up please make sure you remind us that you've been sworn in and you understand the rules laurie bernardy 11681 northwest 6th street i've been sworn and i understand the rules so after hearing the presentation from both sides i kind of changed what i was going to say so where i live we're kind of buffered from a lot of things but i do come in and i argue for all of plantation i've been coming to a lot of city council meetings now i've been here and argued for the 8601 which is mixed use and we heard about how many cars passed through here that got approved because of the amount of cars or lack of the amount of cars that we heard then there was the 8190 which was eight stories and we heard about the amount of traffic that passes on sunrise pine island university that was eight stories that one got approved then i don't think i was here for the six story one because now i saw on there the six stories but i've been traveling out of the country now racetrack comes along and racetrack is talking about 30 000 cars that's the first time and i don't know how many years i've been coming to city council and how many different properties we've talked about but i've heard the number 30 000 cars and i was amazed that anybody stood up here and said there's 30 000 cars passing on sunrise pine island or whether it's between the two roads or whatever if that's the amount of cars that are passing on those two roads i'm in shock because now to be adding those other three properties on that roadway i'm glad i'm in a little buffered neighborhood because i wouldn't want to be any of those people living around those neighborhoods that have been living there for years in this city and to think of having a gas station put there 24 hours and having even more people stop in and out i just i don't even know what to say with that then with the lighting and then they're talking about the different gas stations there was also the gas station on the corner opposite of the japan inn because i know my husband worked at that one back in the day where the mercedes shopping center used to be with the movie theater and all that that one went under two so apparently we have enough gas stations and wawa i think a lot of people go to because of the price i don't really think i've gone to one of these gas stations because i'm down here most of the time but unless the price is going to outdo wawa i don't see that people are going to drive and worry about going there unless they can outdo the price of wawa because that's what i think people are experiencing is that they're going to go where the price is the cheapest and right now i think wawa is getting the business because of it in our area thank you for your time thank you very much mr valle yes sir and on deck is mike cassis you probably could just do it thank you if you wait one moment you can have the the hand mic oh cool oh there you go thank you appreciate it okay um my name is kevin joseph valley and um i've lived in plantation for 32 years i live in jacaranda lakes 1651 northwest 93rd avenue um in plantation i've taken the oath and i understand the rules i had just a few notes but now i have a huge number of notes so i don't know if i'm gonna get through it first thing i want to say is what development hires a las olas boulevard law firm to represent them here at city council but one company that wants to install a facility that the neighborhood doesn't want that's why you do that and that's why we see holland at night here tonight i'm disappointed that it was said that there are so many people who are for this gas station because i've spoken to more than 100 people and on one hand i can count those who said they're actually for this gas station so many things were brought up tonight that uh it doesn't fit in to the uh feel of the neighborhood well we have a bedroom community and this is a big commercial gas station and i don't care what numbers or magic math they come up with i haven't waited in line to get gas up and down sunrise boulevard almost ever there's always a station available so i'm just not not buying that um many of the other things that have been said uh about the need i can't see it because the wawa is very convenient not very far away i drive there myself because and i don't go to the convenience store at the wawa i certainly would never go to the convenience store at the racetrack because there's a walmart right across the street right i know how to locate everything that i need the walmart right there so the convenience store is not going to be of use to the neighborhood as as much as some may think being so close to the lauderdale west community which is a senior community that's again not fitting in with the area that they're proposing to put this gas station some of the notes that i made tonight some of those criteria in harmony with the surrounding community that's a big one that's a real big one hard one to get by it's not in in harmony with the surrounding community uh won't tie in well with the area bingo it won't um the demand for gas station already addressed and um just a note denise in the hard chairs that's why i bought my own the noise from the establishment is going to be a problem they say it's not they've got all their studies um most of the other notes i have is just a disagreement with what's been presented i see that they've done all their like i said magic math and presented everything from their side um as a resident that's been living in jack randall lakes and as an ex-president of an 1150 member homeowners association i can say it doesn't fit in with the community and i would be very upset if it was approved so thank you very much for hearing me thank you very much mike cassis turn it off jealous of your chair that's why and on deck is heike toviti on deck just wait a second just giving you a heads up good evening mike cassis 1671 northwest 93rd ave jacaranda lakes i've been sworn in and uh i understand the rules i know it's late just basically i'm totally against uh the racetrack i hope you guys uh do not approve it and the the easiest thing to say is that your own staff recommends you to deny it so i think that's just common sense in today's world and you should just deny it and we should all go home um one interesting thing is so we're going from a bank i know it's been vacant but it's uh basically at nine to five right to a 24-hour gas station that seems seems very very odd i'm concerned about the the sale of alcohol at all hours i understand there's uh throughout the city there's gas stations and that do that but still for that area it's a little little unique um my major contention i can say a lot of different things oh is this notion of the critical need and i went back to the um the shell gas station that closed down or whoever closed it they probably made the the biggest mistake of of their life um also i think as the council member said i never saw a car out of gas around there and i walk around there a lot or run around there a lot never seen a car out of gas on on sunrise or um or pine island um so and i live right there in jacaranda lakes i go to costco for gas i i try i travel the extra miles but uh it's worth it for the for the saving so um again it's late so i'll just redeem my time but just totally against it i hope you all just deny it thank you very much mr talvitzi yes sir i'm heiki talvitia i reside on 1031 northwest 93rd avenue i have been sworn in and i know the rules thank you sir you all got this in an email would you like to have it again or should we give it to the uh my copy right here i don't need to go through the whole thing since you already have it as you know i'm opposed to it but what comes to mind when reading the codes there is one section that says must and it says must have a need that is substantiated and to your point on the magic mat over here it assumes all those cars the 50 000 cars are going to fill up 10 gallons on this two mile stretch in the year that's where the volume comes in what is needed for the fill up and it doesn't do all those 50 000 cars do not fill up on this little stretch 10 10 gallons per week and if we expand the neighborhood taking pine island university broward oakland park there are 16 gas stations plus wawa and costco is not too far so there is no need and the market study is only thing that they have provided for the need and it's flawed also on the traffic wise there is entrance from the pine island there's sunrise entrance but everybody has to exit on the sunrise so if you go in pine island north you gas you have to exit sunrise make a u-turn before you can continue it's gonna create a mess also it's a lot smaller location than their new stations all their new stations are over 100 000 square feet this is less than 90. it doesn't fit thank you thank you very much uh next donna mccormick followed by vicki gelfand marie mccormick 1201 northwest 114th avenue i've been sworn in and i understand the rules or understand what i'm doing but it's kind of late so i would like to thank dan dan homes and his staff for appropriately recommending denial of the conditional use aspect of this project based on the evaluation of the city's approved planning requirements and i'd like to also personally state that i'm very saddened to be spending my wednesday evening here when there were three items on the agenda regarding racetrack and my understanding was that the first one failed the other two didn't even need to be discussed and here we are at almost 11 o'clock at night so i guess i misunderstood that but to be clear i am opposed to the conditional use approval of the racetrack i'm opposed to the zoning and landscape waiver and i'm opposed to the site plan evaluation and landscape plan and in the future i'd like to better understand how we are going to be conducting these meetings so that we're not talking about three items all at once when if the first one fails we're not going to be talking about the other two so educate me so we can all go home at a reasonable hour and you can go home at a reasonable hour thank you miss coffin followed by joe reager good evening almost good morning vicki gelfand 9381 northwest 18th place plantation i have been sworn in i have been swearing and i do understand what's going on and i do live some decorum please i'm sorry thank you i do live on sunrise boulevard i do go east on sunrise boulevard the last place that you're going to catch me at three o'clock in the morning to buy milk or four o'clock in the morning because i couldn't sleep and i don't have any gas at all is to go to a gas station it's close i also go to uh costco i'm here this evening to tend my voice to all the others that are against the construction of this 24-hour gas station convenience store on the corner of pine island road and sunrise boulevard their representative is is describing a destination i have never heard of a gas station being a destination i'm a travel agent i've performed i've asked people do they want to get married somewhere else that's a destination wedding they go to hawaii they get married they don't drive a mile out of their way to go to car to go to uh wawa excuse me racetrack or wawa how many people that represent this company will be affected by the increased traffic and the type of clientele that will be at this 24-hour business even the attorney said she lives in el dorado that's she's not going to hit that gas station we have two gas stations on sunrise and university we used to have a shell station they keep bringing up 13 years ago okay that's gone it's old history uh why the people what the people from racetrack are doing is called competitive rivalry wawa built one so now racetrack wants to do the same thing and two miles away built in plantation both 24 hours facilities just like all the other gas stations walgreens you can get fresh milk 24 hours a day you can go to a 7-eleven and get hot coffee i was told by someone that lives over two miles away from the proposal facility that they don't even go down that intersection as often as i do or my neighbors or anyone living in sunrise wolver and they said what if i ran out of gas and realized it at three in the morning well if you ran out of gas at three in the morning you should have figured it out at 11 o'clock at night when you got home why the council would approve something that will only cause more traffic problems in the area i don't know i know where all of you in the dais except for mr morgan live here in the city how often do you go down sunrise boulevard and you don't do it on a daily basis i go through it almost daily and it's getting harder and harder to drive anywhere with light traffic even at three in the morning at 5 30 in the morning last week i was being driven east on sunrise boulevard i would say for my community university drive going through three traffic lights sewer which is two miles excuse me 10 seconds there may be 15 cars i've never been around there at 3 a.m and don't know many people that are driving through the area at that time as for the tax rate i'm going to love this i'd rather see another residential project 100 more than any gas station and i don't really care how inexpensive the gas is or how fabulous the coffee and sandwiches thank you thank you thank you very much joe reager followed by stephen rose good evening uh my name is joe reager i live at 9731 northwest 14th street plantation i have taken the oath and i do understand the uh the rules i totally agree with everybody that's supposed to this uh this gas station come in i'd like to point out a few other things when when uh committees uh prove new buildings you know in competition to the point where they overtake what the need is they go out of business you can look at the uh the place at knob hill and uh and sunset strip it was vacant for four years you know an abandoned building i think if this case station's going here somebody else is going to go out of business i also like to point out electric cars are coming whether we like them or not i got gas hog i like a big truck but they're coming and you want to go that way with it too and i would like to see something on this corner like a daycare or something else for the community thank you for your time thank you very much stephen rose next michael fleischer you can just come right up after mr rose is done thank you thank you i am stephen rose president of the board of directors for lauderdale west i live at 1062 northwest 88th avenue i've been sworn in and understand the rules lauderdale west is the largest over 55 plus community and plantation with 1 359 residential units and over 2500 voters in summary lauderdale west is against the building a racetrack at the corner of pine island and sunrise boulevard while the zoning circle of impacted communities just reached lauderdale west we're going to be severely affected in multiple ways by the proposed racetrack convenience store gas station ev charging station as well as 24-hour opening the potential for customers entering lauderdale west just down pine island is a serious potential for damage to property and even assaults and breaking in and entering traffic impact on pine island for lauderdale west residents for egress onto pine island 12th avenue and 17th avenue are a significant increase in this traffic associated with the building a racetrack and in addition to mr fagen's question we are talking about a 25 increase racetrack traffic study even though it's only quote unquote one percent increase in the capacity of sunrise and pine island very big difference there are already gas stations within the two mile circumference including the exxon mobile convenience store gas station just 0.3 miles further east on the sunrise and another gas station 0.5 miles north on pine island the need therefore for a gas station and convenience store is not required to serve the vehicles i go to that mobile exxon all the time never been an issue getting gas there are actually 16 pumps there there are four islands but there are four pumps on each island to emphasize lauderdale west is against the building a racetrack and wishes to see the use of the plot more in line with the overall future plans of plantation development i also have a question for the council if for whatever reason racetrack is denied can they come back with an amended plan thank you mr city attorney that's a difficult question to answer before the vote's taken because there's three different things so if the use is denied which is the first application um i believe that they cannot bring that same use back um within a certain time frame specifically um the site plan would be a different answer but i can get a more specific answer by looking at the code now i don't want to be precise on that but that's fine they can't come back in in two weeks thank you very much it would take him a month or so but thank you so much thank you mr rose mr john is pretty good she can she can turn it back around a couple weeks if she needed to but is michael fleischer here we might have lost mr fleischer so next i want to call up we have two more we have two more speakers uh jerry vasquez and jan heiner they both here jan jan if you boat is here vasquez no so jan if you want to come up i know that you weren't sworn in yet so oh okay okay it says not sworn in it specifically says that i didn't make it up that's that's what i'm reading here no as long as you're you're telling us that you were sworn in i understand fantastic good evening or good morning okay i agree with all the previous comments if you can just first first state your name and your address and that you were sworn in and you understand the rules yes i've been sworn in i do understand you want my address sure 13 11 northwest 85th thank you very much floor is yours okay i agree with the previous comments and i implore you to reject this gas station architectural aspects of landscaping colors are very nice but it's much more important to discuss the health and safety issues of this potential gas station while in operation gas stations post serious risks to health well-being property values uh dangerous levels of the known carcinogen benzene and ozone as earlier discussed would cause many respiratory problems and asthma all the people in well not all but most of the people in lauderdale west were elderly all of us we all have aches pains breathing problems etc a study published in 2001 documented that um health increase health adverse health i recruit in neighborhood is near a gas station idling engines especially the large diesel trucks emit large quantities of particulates in the local atmosphere and these of course translate into health significant health risks um i read in the guardian that 80 percent of gas stations are on track to be unprofitable by 2035 and this will not a good idea to build more of them if they're going to be defunct in 10 years or along with the um evs and everything else and um of course goes without saying the vagrants and all the uh there's you know on university and sunrise that gas station there's tons of homeless people well this is just going to be a new place for them to hang out they're already behind the social security office and that whole area we just need to not have more places for that instead address maybe those social aspects and common sense would show that the increase in robberies accidents traffic and pedestrians would add up to decreased property values and um it's important to have a place to get your lotto tickets and cigarettes but it's really um we can go elsewhere and so anyway this gas station is not really very um necessary thank you thank you thank you very much um i don't have any other cards here are there any other members of the public that wish to speak and i've not yet signed up i'm seeing none um first uh oh sorry that was a delay there did you fill out a form or you haven't yet that's okay so if you can fill out the form afterwards but if you can um tell us have you been sworn in i did get sworn in okay my name is marie hapst i live at it's i just moved there 85 32 northwest 12 court lauderdale west and you understand the rules i understand the rules my first meeting though welcome thank you thank you um i think you had said something earlier councilman anderson about for the um pawn shop nice business establishment nice people running it but we don't want it in our neighborhood i feel that same way about racetrack they print they painted a pretty picture with their nice colors and the trees and this and that we don't need it like you said before there is no critical need for another gas station in our area and so a lot of i the residents at lauderdale west and i also don't think we need it we don't want it in our backyard it's not our backyard isn't big enough for a racetrack all right thank you thank you very much uh so now i think every member of the public who wishes to speak has spoken um i want to before i give a chance back to miss loda to to respond in any way i just want to make sure to thank all of our residents for sticking it out and for being here and for everybody who has sent in an email or has called or has spoken today um we we appreciate your interaction and that's what this is all about so thank you um jana jana loda once again for the applicant um i just want to kind of circle back to a few comments that were raised by the residents um and once again just just implore upon this council to uh look to what you've approved in the past a lot of the comments relate to the fact that this the the feeling that this use is not appropriate given the adjacent residential uses almost all of their comments come from that and stem from whether it's additional traffic noise a perceived crime homeless loading whatever it might be um and i just again ask that you to look at the host of other gas stations that have been approved some with the same zoning that are located across the street some much closer to residential some immediately adjacent to residential for example the gas station north of sunrise on knob hill immediately abuts a multi-family community in the city of plantation and is across the street from fox run to council member horland's point i know she pointed out that the shell gas station um at the the public's plaza there on cleary um has um two fewer pumps um and i believe in in possibly arguing that it's more compatible because it's not as intensive however i would point out that the city did approve a wawa at the southeast corner of broward and pine island that is across the street same width of right-of-way to a residential community those are just a few examples there's more that i can provide the one at 69th street northwest 69th street and broward is directly across the street um effectively a two-lane street from the plantation club uh condominiums and there's more um and when you look at that that these are are immediately adjacent and close to residential communities i believe that that fact alone shows that this use can be harmonized with those residential uses particularly when you look at most of those gas stations do not have the robust landscaping and design that we're providing in our current application quickly i want to pivot to the market study a lot of comments about the market study and the use of our word critical um the standard is that this council has to find that with a preponderance of an evidence and i know we have a formal recovering litigator in our midst that it is not that is a a i think what 51 percent it's just more more uh apt than most it's not like the criminal you know beyond a reasonable of a doubt um so with that being said you were presented with market-based data as well as fdot data and i don't know if staff could just pull my powerpoint up once one more time uh physical data with respect to the trips that are on the road this as of 2022 that was pulled from fdot uh together with data with respect to averages in the industry and actually balancing it using two different metrics taking all of that together even if you assumed a 25 reduction let's assume that something was overstated there is still a need here in the city of plantation and i want you just to factor into that need the fact that this council is approving more and more units residential units on that corridor um and that's not going to stop because you have several more projects that are already in planning so this community is continuing to grow and the needs are going to be continue to grow with it uh for this use and i'm just going to quick go i had an extra slide that i wasn't anticipating using um i apologize but this is important i know you all are tired members of the public please we appreciate your patience i know you all are tired but this is something that's important i just want to make sure that i get it in the record and to uh to make you all feel better last year i had a hearing in st lucie county it went to two in the morning and i got to drive home two hours and got in at 4 a.m so i feel your pain i do uh so this is actually pulled this is the 2024 aadd counts that was pulled from fdot and when we are talking about counts they are looking at that particular segment of the road so for example on the east side uh sunrise east of pine island you see the add counts and this is vehicles on the day both ways it's 37 500 and then you go to the counts for on the west segment it goes down to 31 500 for those and that's again counting each segment and you divide it by two and that's how you get to that number that you showed on the market study so these are the actual trip vehicle trips that are going through that intersection includes a vehicle that may be going eastbound and then going south onto pine island and that's captured in the data that you see down there i know some people indicated wondering where we got the information and i wanted to provide this because this comes from the fdot a state agency and provides the basis and this is the current 2024 data again our market study was based on older data which is why the numbers were less i suspect they were thinking of the trips that is generated by a project that's a different number um and speaking of trips uh there's been a lot of discussion regarding the destination and and the use of the convenience store and whatnot and again i just want to point out that of the total trips that are being generated by our project 75 percent are those passed by people that are on the road saying oh my gosh i'm only got a fourth of a tank and pull in or oh my gosh i want to grab a cup of coffee on my way to the office and pull in it's only 25 of those trips are people who are purposely going out of their way i.e destination uh not for vacation but targeted end point and then going back to their original uh location i'm going to ask you to please conclude i will i thank you appreciate it but i appreciate you also making sure that i had time to uh respond considering the nature of this hearing um just making sure i've copped captured all of my um items here so i appreciate you allowing me a moment just to read through here um i will just conclude again by saying that we have provided expert testimony on a host of issues relative to the conditional use that i do not believe has been refuted the market study again is based on actual data industry accepted data fdot data which again i do not believe has been refuted and so with that again i thank you for your time and patience i thank you for allowing me to come back up here for rebuttal as a resident of plantation i do appreciate the robust engagement by the community and to the extent that anyone on the council during your discussion has questions i stand ready as well as our team thank you thank you very much at this point in time does anybody on the council have uh wish to make a motion motion to approve do we have a second so that we can vote a second okay so we have a motion and we have a second seeing no further discussion um miss beggar please call the roll council member fadgen no council member horland no council member anderson no council member andrea no council member reinstein no thank you um being let us continue so being that uh mr city attorney so now that um item 20 has not passed um i understand what you previous gave instructions before in regards to 21 and 22 is that still the same instruction that they're not moved uh we you're requesting us to vote on them you know we should vote on them unless they're withdrawn um because they're still on the agenda um but they can't be approved because the use is not approved so it won't support the application for the record we are not withdrawing the applications we would ask that the council take action and so mr morgan i want to be clear that you're telling us that um as a as a matter of um as a matter of procedure as a matter of law the consideration for the the site plan cannot be approved because the underlying that's not my question okay i'm sorry right that that part i understood um but the part that you're requiring that this council uh make a motion and a second in order to vote on 21 and 22 even though you're telling us they couldn't be approved regardless correct because they're they've been properly presented for you to to vote on you know you there's options that you always have to vote on items where you can defer an item but it it wouldn't make sense to to do that because the deferral wouldn't make any you know it couldn't be approved going forward at any point unless the conditional use was approved understood and uh so to my colleagues um uh assistant city attorney morgan is uh is responsible for our robber rules of order and procedure and so uh does anybody have a motion for number 21 city attorney yes i can make a motion to deny it doesn't have to be a move yep you can you can yes are you making a motion motion to deny the consideration of request to approve zoning and landscape waivers for racetrack second so a motion has been made and been seconded is there any discussion seeing no discussion miss becker will please call the roll council member fadgen yes council member yes council member anderson yes council member andrew yes council member reinstein yes we next up have agenda item 22 um based on the same discussion that we've had in the same instruction from our attorney uh is there a motion in regards to agenda item 22 motion to deny second motion to deny has been made and been seconded is there any further discussion seeing no further discussion miss becker will please call the roll council member fadgen yes council member orland yes council member anderson yes council member andrew yes council member reinstein yes all right next up we have comments by the mayor uh three things number one first day of school's coming up i think everybody's booked their school visits except council member fadgen do you have a school you're going to or you can't have conflict okay so i will either go to peters or tropical or seminal because you guys are going to the other ones that's that's why i'm asking uh number two jamaican 63rd anniversary gala august 9th jamaican independence day i don't know if anybody wants to go i can't make it it's august 9th you want to you have an interest okay i'll get the info sent to you and that's it for me thank you very much next up we have comments from council members council member enjoy i just ask if people are going to exit now please exit quietly so we can continue and try and conclude our meeting council member andrew and i'm sorry we can um if we want to have a longer discussion but i would like maybe at our next meeting to just get a status update of the school zone cameras uh where we are with that again because of the late hour um mr nunamaker if you just want to get back to us on that and also um just to make note that the screens on sunrise boulevard um in park east there are some screens that face sunrise they have some graffiti on them whose responsibility is that i think it's the city but i'm not 100 sure so um if it is i'd just like to make sure that we remove that there's like yeah the the screens that are facing sunrise that are in the park east community now there's the the canal in between sunrise and park east and there's screens up it's where unfortunately we had an accident there's the noise reducing screens are they meant to reduce those i don't think they reduce noise but um we had a unfortunate accident there a few weeks back and um when i was driving by i noticed the graffiti so i don't i think the city is responsible if we are i'd like to see that removed okay if i go by there again i'll try to send you a picture um then just some you know looking forward to the plantation wine and jazz hosted by our plantation chamber of commerce this friday starting at 5 p.m at the renaissance hotel so always a great event for all of our residents to attend and council member anderson said it already and the mayor the first day of school is coming up august 11th i'll be at plantation park elementary welcoming the new principal there and i want to congratulate all of our plantation schools on the great job that they have done making learning gains and improving educational outcomes for all of our children we only have one c school in the city the rest are all a's and b's and i know this year all of our schools will be a's and b's so it's going to be a great school year um it was already mentioned but national night out on august 5th always great with the chief and his entire team and the first baptist church is also having a family fun day saturday august 9th at noon so everybody is invited to that as well thank you so much councilmember fadgen thank you um just want to say uh well done for everyone involved with the fourth of july parade and the uh concert and fireworks um we danced around some weather had a little drama on my truck my uh nine-year-old nephew passed out so uh came to pretty quickly fortunately chief harrison was right behind me in in my uh in my uh parade position and then he uh called a rescue they put him in the rescue decided to take him to the hospital and i wanted to thank the paramedics lieutenant mark mize paramedic jose peñas and paramedic jamarcus bartley um he was fine couldn't stop talking the rest of the day so um but a little bit more excitement than normal and then uh you know on behalf of all the suffering dolphin fans for the last 25 years since we're starting a new season i would like to thank the florida panthers who traded for matthew cutshot three years ago yesterday so that's it thank you have a good night thank you and i'm going to make some brief comments uh i wasn't intending to make any comments but i i when uh uh earlier today a resident made some comments directed at me in regards to some resolutions we've had previously in regards of our uh our city's support for israel and israel's defense against hamas and their atrocities on october 7th i do want to simply say that comparing the defense of the jewish state from the terrorists of hamas to the warsaw ghetto is inappropriate period end of sentence um also the fact that uh never mentioned of the war that began by hamas taking hostages and there are still 50 hostages that were remaining to be released there would be no war if there were no hostages taken and if there was no massacre on october 7th there shouldn't be a need for that to be said but unfortunately apparently it is so thank you council member whorland council member whorland thank you i'll keep it brief i just want to um congratulate parks and recs on what i heard was a great back to school barbecue i'm sorry i couldn't be there but i want to thank broward county schools for providing the free books for the students again and for my colleague council member anderson for delivering said books and for the mayor for filling in for me um and delivering those i couldn't be there so thank you very much that'll be it for me councilman anderson thanks for requesting the books no problem delivering um just staff uh uh jason the uh council member andrea mentioning screens i you don't need to come up it's just a the uh 8601 has the green screens on the fence and a lot of them are coming loose and they're blowing in the wind so they just need to be fastened back down they they are demoing but just if it's something they're required to have they just need to button down the bottom part you have a thumbs up for mr laystrom if you don't see it there he'll take care of you oh yeah there you go bill thanks yeah okay that's it uh and yeah everything else was said so have a great night thanks for sticking with us everybody and with all that said it's 11 28 and our meeting is adjourned thank you