##VIDEO ID:X71-PCXO3kw## called to order the special commiss special commission meeting of the steward City commission zoning and progress Workshop number three this meeting doesn't say here but is advertised to go from 9 until 1 p.m. today roll call please Madam Clark mayor Rich here commissioner Clark here commissioner Collins commissioner goobi here commissioner Reed here please stand for the pledge of [Music] flag of the United States of America to the rep for it stands one nation under God indivisible liy and Justice comments by City commissioners commissioner Reed you have comment morning I I do there was couple things um I know uh a resident n Stewart had been emailing me trying to get a hold of me and they have a property located on uh Central in East Stewart and I guess they were advised that they couldn't develop their property because it was around 3,300 square foot for a lot size but I was poking through the Land Development code and it mentions I think 4,3 so for a minimum lot size but it was after the date the code was adopted which the form based code in E Stewart was adopted in 20123 so I thought there was no minimum lot size unless it was for newly plotted Lots after that code was adopted so it depends if it's commercial res so it's bmu I know but what's the use I'd have to like what's the person in E Stewart want to use what do they want to build so that's what would determine their usage even though it's a single family home home has no minimum lot size gotcha but other properties can have a minimum lot size or be required I don't know honestly don't know who it is I see them in the audience and then there was another one um I know at the last uh Workshop someone had mentioned one of the contractors I see him in the back about not being able to do a boat ramp um how that would fall into the zoning of progress so it's not that he's not allowed to do the boat vote ramp would require a minor site plan approval by the development director and that is not a single family home exception that you guys Grant we brought it up before and the commission said no to the exception so it simply has to wait for so if if if a motion was made then to allow a boat ramp for M minor sight Amendment it'd be okay or you guys do whatever you want it was go for this what was that Jody good morning uh Jody n Jody for the record um so this property actually still has to go for a variance for the use and also a uh we can process it either way I mean what's happened right now is we can't do the application because of the progress okay so is is there a way to word that motion then to where that applicant would be able to go through then if a motion was made or does it so the problem with it is is until we process the application we don't know if it's going to be impacted by the shade tree we don't know if it's going to be impacted by the pervious we don't know if it's going to be impacted by the parking so when you guys said nothing can go forward if it has an impact of any of those things we have to stop it until it's over now the if we allowed it to go forward they would be only required to meet whatever standards are currently in place now the truth of it is I don't think it's going to require additional parking I don't think there's going to be any Landscaping to do the boat ramp there it almost looked like there used to be a boat ramp there years ago or something because you could see like a different cement slab but it's not the discretion of staff that the city commission had made the Mandate that it the only exception was single family so I don't think it will trigger any of those uses but if we accept the application and it does then we're under the old use gotcha so we'll see how the other fellow board members feel about something like that CU something like that shouldn't be wrapped up into a zoning in progress in my personal opinion it's a boat ramp um but how the board feels another story it's hard to say cuz that well we don't know if there's any other scope we know a boat ramp part of it right it's it's a marina it's an operating Marina that wants to add a boat ramp to be able to pull boats out to work on them Etc instead of using the fork lifting to lift I have no problem with that perfect so is there you know do we have I guess from the board I guess what it would be a motion to allow something for the boat ramp Mr Mayor commissioner Clark so Mr Reed commissioner Reed I'm glad you brought that up because I was going to uh bring up a motion let's see if we can completely haul this zoning in halt it uh because of the econ e omic climate because people need to do certain things by the end of the year and this is causing a lot of issues and I know that you're doing one by one and we've had it before when somebody has come in with something and it's like one by one by one and I know that um commissioner um Collins says let's go through and get this done because maybe you know it it won't take that long and maybe this part of it won't take that long especially after today but we have um to have Jodie to bring it all back and then do it again and it's the it's the it's the economic timeline with the end of the year and people trying to figure out what they're going to do with land that they purchase which probably won't affect a lot of these things we've talked about the parking and I was just thinking that if we at least halt until January 15th and see if people can get some things that they need to get together anytime we approve this it's going to be if you come in with a plan when you come in with a plan it's going to have to meet the new guidelines and they'll know that but I think that we have an economic climate and maybe we when we get to the end to the meeting we'll probably hear from the public but I know you're bringing in one thing but there are like several other people who have similar situations who may want to build a single family home but they might have to replant the lot because it's uh whatever they theyve bought with the lot and all they want to do is just to a single family because it's consider development staff can't move ahead with it and I'm sure that jod could probably give us several examples of people who may have come in with something that won't be affected by possibly I think that commissioner Collins is interested in the in the par really in the parking guidelines and also in multifam but um I just think that if we can uh give a clear halt so people can get their business together we are in a economic climate where the opportunity might be gone for a lot of people come um come after especially after January 20th so I'm thinking that um I I just think that this is our community and we need to find a way to keep our community um vibrant and we need to um be able to uh allow some things especially jie explained this to me with regard to and I know that we're still in commissioner's comments and I'm just speaking to Mr um Reed's comment uh like a single family somebody who may have bought uh uh those I think we had mentioned those small Lots like on East Ocean like behind Flamingo they're like small lots that have duplex on them but either either something like that that has two small lots that may have to now be replanted as a with a one Unity of title with a single family lot and just put a single family home there but it's considered development and so we're having this issue where people even though we say they can do single family they may not be able to do the single family uh good morning commissioner Clark uh so if they came in and did a Unity title on one on combined two properties that's not increased in the density they're still only put in one unit they can do that it's when they own a large piece of property and now they want to split it back up that's where the in the IND density density is increased and that's where we had to help for the zoning in progress and even if they want to break those three into making a three single family so to speak and not yeah is the marina a PUD or is it a urban water it's it's it's a straight Waterfront yes yeah it have to go to conditional use at the last two workshops we asked the staff to Grant uh an exception to the zoning in progress for any conditional use or puds that did not have a residential component in it and um the commission voted no yeah we really need to and I I didn't there's so many things that we could include in what you're asking and but I like you said Mr mortell um and I would agree with that if we can find the language to um to make those exceptions yeah I I feel like we do this every single meeting it's been the first half an hour to 45 minutes trying to to get out of a zoning in progress and we're so close I mean Beyond chapter 3 we're we're buttoning this up staff I'm sure is is not waiting for us to stop having meetings to start writing this up I'm sure this is happening in the meantime they're taking all of these notes to have it ready to go and as sooner we can get through this the sooner we can o Open everything back up so there are going if we just halt the zoning in progress while all of that language that we went into a zoning in progress to craft um the whole point of this if we just stop the zip you're going to get a ton of potentially tent up I think Mike had said there was like 15 different projects it could not just be somebody with their single family home it could be large scale projects commercial multif family things that will rush in and we'll be using the old rules so I think we should just stay the course we are almost done with this they're going to be working on the language in the background I'm not opposed to making an exception for a boat ramp I don't think that's anybody's attention if you want to make a motion to do that but well unless it's a bigger can of worm use and there still yeah it's not just the boat R then I would say let's just stay the course get through this and and get buttoned up you done with Reiss jby do you have any comment yes um with regard to this meeting going on till 1 o' especially I know that it's a discussion among us but we've been allowing the public to have some discussion but just so that people don't think that we are doing something that um we're especially we're stopping at a time when they something exciting or important is happening I'd like for us to set a particular break time so that people know when we're going to break and we know when we're going to break and when we have discussion and argument ments during that time that we know that that's about the break time so that nobody feels like we're picking on them to I was thinking 11:15 11:15 okay for 15 minutes thank you sir okay and then um the single family thing um he brought that up um uh plus with the with the um with the marina and then of course I have my issue here is like putting a pause due to the economic climate and also to consider some exception that even if we can come back in in a few days or at the next Commission meeting and say specifically these are the kind of things that we can allow for exceptions until staff finish um doing the paperwork because I think that we're not I don't know when we're going to have our next meeting this is our third one yeah and we we envision three Mr Mortel so the intention As I understood at the last meeting is that we would finish chapter 3 today and that the city staff would bring on December 9th a resolution listing all of the potential changes um and get validation from the board as to what you want to do on those changes and then go to the LPA and crb boards and return to the commission probably the last meeting of January or first meeting of Fe February and then obviously the second meeting of February for the second reading so that we make it before March for we going to put in some time there for public meeting meeting because it's up to you guys um and then definitely need public meeting and the um other thing is we are right there it's like I don't want to be Mr we need to make it Mr Mr commissioner thank you so I see um I this is a teaching for especially for people who have been on the commission I'd say less than five years or any time at all coming on the commission it's a good thing to do I like I've said before I've I've gone along with this but I didn't think that we needed to have a absolute pause in in in in um development until we had this could have been at work as an introductory thing to to make sure that everybody's on board and then and also get the public involved but we have a vision here for as at least what I know being on the member of of board of the city of Steward is that if we're deciding to change a vision or to move certain things especially in the zoning I absolutely don't see how especially today we're looking at neighborhoods we're looking at streets we're looking at areas where have there certain specific characteristics in those areas and if we are going to be making changes the public absolutely needs to be involved and if this was being used as a teaching thing this is not a dictatorship where it's because we want it to be 5T or 10et or we want something to go from four feet high to six feet high um people have their property they have ownership they want to see how this is going to affect the front of their property the rear of their property or what they can actually put on their property um I just think that during the LPA it's going to be public I agree with you Mr Collins it's open to the public the crb is open to the public but I still think that we need to have um at least uh maybe when we have our city commission meeting at least have two but it would be nice to have it before so that at the end we're not making changes we're getting the input from the ground up from the public and today I think we're agreeing that we're going to have public although we're talking among ourselves but I just think that we have a court reporter here I see at least two prominent lawyers in the audience and there probably are more I think that we need to make sure that we follow our comprehensive plan guidelines we follow our um I mean just the ideal of having zoning is important and making change is important and I think we need to set at least one public meeting probably um mid January to the end of January are you done with your comments yes I'm done with my comments I would just say I TR make we're not doing anything that's going to Fringe on anybody's property rights I'll also say again we do this every single one of these meetings for the first half hour in Burn time uh having the same conversation before we get into this and again like I said before I distinctly remember the doors that I knocked on when I was campaigning and I'm sure that those two do as well you have a mandate from the community here to protect the single family home nature a small town nature of this place and that's specifically what we've been going after with this zoning prog I am keenly aware of the comments that I had with people at their front doors and inevitably when we have some of these workshops like today it's going to be a lot of people who are uh just maybe it's it's their bottom line or they have a an interest financially or whenever we have workshops it tends to draw in a specific demographic of people I know from the thousands of doors that I knocked on how the majority of people who live here and may not show up to a me so again so that we don't burn time I would like to just move into CH three first mayor Mr I have one brief and and commissioner you initially we're going to make a motion to stop zip and now you're making a motion that would extend it so I just don't understand thank you just to pause it for a time period I it's I'm I I put it up I I think Mr uh commissioner Reed had brought it and I explained to him that I wanted to make a motion to pause it for at least up until January but we're not we we'll still have an opportunity and I agree with commissioner Collins we do this every meeting we waste at least 25 30 minutes I think if we really want to get to the end of zip have it resolved we need to move forward every time we sit down thank you well okay thank you commissioner goob I'm not sure it's considered wasting time listening to Reed's concerns or commissioner Clark concerns are yours um this is one of the few opportunities the public has to hear from us and hear us colloquy regarding there's no more important decisions we're going to be making going forward than the zoning and potentially with the overlay Zone in East Stewart rendering so many lots unbuildable and I can't believe two meetings a row I've heard the comment we don't need to hear from the public when the bright line issue was brought up all we heard an issue that we had spoken about for a year that we had not listened to the public not listened to the public not listened to and now it's stated overtly no we don't need it to go into E Stewart and talk to them about what dramatic changes will you allow me to finish my comments commissioner okay I'm so to not put in some time to go out into the community and talk to those people who are could potentially be impacted I think does not serve the public well I have never heard people more Angry than they are right now ever and I've been active in this community for over 40 years involved in many closes and this is because because we are this is government at its worst this is arbitrary capricious and inflicting real pain these are real businesses these are real jobs these are real layoffs these are real opportunities miss this is real dollars not being earned these are mortgage payments being missed these are utility bills not being able to be paid and we just I I just it's I've never heard people more Angry than they are now because so much is at stake and I just hope we can find a way to resolve this I would have supported a motion to pause this um I just wanted to have discussion um we have got to figure this out we have got to talk to the people impacted about it and get their feedback uh I I knocked on as many doors as you did commissioner Collins and no one told me to act in this manner towards our community so you have an additional comment commissioner Clark are you going to pass a g and make a motion or do you you I was not going to make a motion but if you I think commissioner Colin said he have comment commissioner cins I hate to fight too much with you first thing I'm War but if you're frustrated with what's happening right now the two of you were on the commission two years ago when we went into a zoning in progress and got zero done so with all due respect we could have accomplished something in the last zoning in progress and not had everybody in this position where there's these issues that you're describing we went up I went up and did a presentation with we talked about the parking issues the density issues and when I sat down from that presentation the two of you and the other two who were on the board of the time and went up for reelection and got smoked because of it zero got done so we can virtue signal to who's in this room this morning or we can get to work and get this done thank you commissioner Collins I hear you um I um just let me respond to that first zero done we've had zero multif family applications in those two years zero we've had zero new development in multif family how is that nothing zero is as low as you can get Central Parkway was already in the pipeline okay okay thanks we've had no new applications for multi family since then I've been here the whole time and I've I've been a part of those approvals but when we did the zip when you first came on I think you also had the opportunity to make the comments that you're making now because you asked for the zip I'm I'm an urban planner and when we talk about a zip or moratorium that is when you have a critical dire need to make specific changes in the comprehensive plan and at the time when we went through it in terms of parking and and other things uh for the the different areas especially the new here is urban Waterfront and some other things that were um people were asking for some developments we had development north of the bridge um we I I didn't see any h a major dire need at the time and we all had the opportunity we went through the same process so saying that nothing was done um you asked for the process to you had an opportunity to bring up the same things that you're that you're bringing up now and um I I so I'd like to make a motion that if um that if we can halt this um this zoning in progress uh uh as as as an administrative um action that that affects development in our city that we can halt it until the end of January and um that's it just to bring a Hal to it at the sign I'm passing the G to commissioner Collins I'll second that motion normally public comment is first is there any public comment with regard to this motion do you have a green card or card but not for this motion mayor you can consider my green card for this motion good morning Commissioners my name is Nick schroth and I live in the city and my real estate and construction offices are located downtown you had the opportunity to make right that's wrong at the last zip Workshop but you whiffed commercial development that does not include residential units should not be included that's the bottom line Sean you've spent six hours in my office just and those discussing this matter and you make a lot of sense in private it's time you brought some of that sense to a public setting the zip has effectively shut down the construction pipeline in the city of Stewart for 6 months if Construction in Stewart is a $200 million industry the impact of the zip will be $100 million out of the local economy and will be felt by local trades and local contractors for years to come developers will just develop elsewhere you're not impacting developers you're not hurting developers here this is before the lawsuits are even filed and before the unmeasurable of the intangible effect of this clown show Jody Lee and Mike this will be your legacy Mike you and Lee need to be advising your commission about the legal realities the city of Stewart is still fighting an appeal against reev oil that I filed and won clean cut and clear as day what's the reality of the legal outlook here Jody you're a planner you hold certifications is the scope of this ZIP good planning Is it feasible to expect you and your staff ni I would appreciate if you don't call anybody out by name including staff of code rewrite the city manager has been at the city how long this is the Legacy you're going to be left with for your time here the economic Fallout of a six-month shutdown will be your legacy city manager and City attorney I'd like to see a realistic discussion on the legal realities and city manager and planning director should be put for should be putting forth the reality of the economic impact of what this ZIP really is if you say there is none then will the Legacy you're left with will be the Legacy you deserve and Chris Collins 12 to 15% of the voting register voters is not a majority bottom line all three of you got elected by 12 to 15% of the registered voters and Facebook is fake news thank you for allowing me to speak on this motion my name is Deb frer I am the executive officer of the treasure post Builders Association and I did file a green card yes when I came in this morning thank you for asking um so I want to speak in favor of this motion I really appreciate the Commissioners that are supporting this motion because I think what we're forgetting and commissioner Clark I appreciate your comments so much because I think what we're forgetting is these people have faces I think when you look at me you think I'm a certain Dem demographic and I am actually I have a lot of small business people a lot of small builders that work for me and these people are really hurting so we're forgetting about these this young man Kai that came at the last meeting what a great young man an entrepreneur but you don't see the other faces of the that are losing um staff they live local they hire local they come and eat local I had a lovely breakfast at one of your cafes this morning we are putting money into this city and yet my people my Builders my associates my flooring people my carpet people are continu and these are small businesses I'm not here representing the track builders I'm here representing the small guy that is being hurt by this and the other question I guess I have that goes along with this is how much revenue is the city losing has there been a study done before this ZIP happened to find out how much Revenue are you losing to the City coffers by doing this and so when this ZIP is over what are you going to have to start cutting from your budget because you don't have the money to pay for it because you're losing all this re uh Revenue so um I just want to say that I really really support this and really support the city of Stewart and want to make sure that this continues to be a good place to work and to eat and to thrive but when when you continue to shut down these small businesses you're hurting and faceless people but these people have mortgages and rent and children to feed and children that go to school and children that they pay daycare for so thank you for the motion I appreciate it and we are very much in support thank you we have another comment I have other comments but for this motion all right seeing none comments from Commissioners commissioner Reed I'll address Nick's comments so yes I I did sit with Nick for several hours probably two or three times in his office um he mentioned his project aan Lea which I'm not sure if that's already in permitting or not um I believe it was I could be wrong on that but I believe that might have already been imp permitting um he's already dealing with his own zoning in progress without being in a zoning in progress um and he only mentioned um something about an awning that he lost as a contractor in downtown Stewart which I believe that applicant was still going to use him which an awning shouldn't have fallen into his zing in progress but I believe those were the two big things that Nick had mentioned when him and I spoke if the awning was going to be covering dining tables it would be an expansion of an existing use and therefore would calculate parking as well as the ratio and any comments commissioner rich rich Mike if we Mr Mortel if we onesies and twoes these exceptions does that create and perhaps Mr B you could greater potential legal Peril because of the notion that it's unfair treatment then unequal treatment well I think you need to be careful about uring a benefit to one particular individual or entity is what you're looking at or what you're feeling you know the zoning of progress is temporary um um and and you know it's not a permanent change I you you got permanent changes that you're going to be making here in the near future and that would probably be something we need to look at more closely than this zoning in progress which is temporary we're still only within the first 90 days so so that's the appeal to me of this haling is temporary abeyance of it because at least it's right it's Road ramp oh the pizza place oh the we could do this forever and I just think get ourselves into more trouble okay let smile comment thank you any other comments from commissioner commissioner job if I remember correctly you mentioned Pizza you did individuals but basically you changed if there was no I mean what you changed was if there were no expansion to the footprint you weren't signaling out an individual uh Patron what you were saying was if you fall within this guideline right then you're not covered on you know you're not stopped by zip I mean there's been a lot of talk around the table a lot of um Talk from the public and we appreciate that we're not looking to hurt anyone but the reality is and the Bayer brought it up there have been no applications in the last two years that's because we're so busy building all of the things clearing Land from the applications and the approvals from the previous years and so this is why zip exists it is why Sean and I probably were elected is because people wanted to stop to it there was a lot of difference made toward development and building and no difference to the people who lived here and they were affected they have property rights also so when someone's building in your backyard and they're building a four-story entity while it is legal it's overlooking you you've lost some privacy to your property and commissioner Clark to your reference yes these are the people in Stuart and we you're giving reference or preference to the people who are building for more people to come here we're not looking at the people who already live here and that is really who we are supposed to be protecting because they have property rights also thank you um just one comment the you know along along the lines of the motion you've made what would the implications be of halting the zip and not seeing this through is you again would have a rush of applications that all of the changes that we've worked and put everybody on pause for the last couple few months everybody that we've you know had wait to make those changes that valuable time that we've been working to make those changes those changes would not apply to all those applications it defeats the entire purpose of doing it so to just see it through and have those changes apply to the applications that will be submitted after is the whole point of the zip so I think this this motion defeats the entire point of why we're here in my opinion thank you may you make a good point um this the zip will probably not apply to a lot of the things that are going to be coming in because um uh it it just it just won't and and that's why people are concerned now that they just want to do whatever the pizza place or something else uh and they're not being able to do it because development has to tell them that um because and we've said this before if it's a conditional use or verance or something they're going to have to go through the process and that's that's a part of the process which is normal and um they'll they'll face the they'll face the music then but I I still think that we need to um give people people weren't given an opportunity that this was going to happen when we first started this this review process and the zip process um and not that if they were given specific notice that they would have all coming it's been two years and during that time people had an opportunity but they were waiting to make sure that we were literally done with what we need to do and still people were shy of coming in with with projects after we had the last zip and here we are again but like I said I've made the motion and I'd like to have some support from our commission as we go forward with the motion so Mary just to clarify if there's other comments um the motion is to Hal the zip correct okay just for clarity I have H the zoning in progress as an administrative action that affects development in our city until the end of January does that at which time I didn't make the motion but it would be whatever the intent of the motion or I mean if it if you're asking for a lifting of the zoning in progress so if you're saying we're not going to have a zoning in progress until a specific date so I don't know what the date is but right now is November 19th so if it's you want me to give you a 30 days so if it's 30 days it's December 19th or is it January 1st it's more I said January the 30th the end of so more closer to 60 days and then in 60 days it's the intention for us to turn the zoning in progress on and return to the board it back on how many days this doesn't make sense so there's a there's an agenda item on Monday night's meeting to extend it for another 90 days because it would expire on December 4th if it's not extended but maybe we shouldn't extend it after December 4th that's where you would make your case for that use it as a um so do you want to withdraw your motion or do you want to go to a vote 18 19 nine are you guys ready to vote or you want to withdraw it I know we're just 40 minutes into this again so the current the current um we started September 4th right September September 4th and that's 90 days December the 4th and if we don't extend it so you are intending to take December 4th deadline to the December 9th meeting yes no November 25th meeting okay okay okay okay before December 4th okay on Monday there'll be another motion good I'm going to use this opportunity today and then again I'll I'll be coming back again because I've been hearing from people and I don't know what the result will be today and I know that we can continue to review and do whatever we need to do and and and I think that we need to go back and make um time for the public to come in and talk to us and I don't know what the rush is about um but I think that um I okay so I'm going to amend my motion uh you're you're going to bring in details for the December for the November 25th meeting November 25th meeting the agenda is already out we already the agenda looked at it the agenda just simply says that do you want to right to extend it because it's currently pending okay all right so it's two different things to absolutely halt it on the fourth is one thing to to say that it may continue and then we're going to resume it again uh is is completely uh something different and I I know that um commissioner um Collins uh wants to see something out of this and we don't want have to start off from the very beginning again when it comes to um if we if this motion ever goes through so I'm still deciding commission commissioner Reed yeah I just wanted to State the big things that I've heard from talking with Engineers contractors Architects we're basically in a zoning in progress to some degree without being in zoning in progress some of their projects have taken two three years I don't know if there's any public comment in the crowd from contractors maybe or land planners but I've been called um where people have had projects that have been worth evanly it was first approved in 1997 I'm not talking about that one in particular it's taken 21 years but by its very nature and design Mr Waka that created it created a single PUD that he intended to be a community that required amendments to every PUD along the way and it had I think 13 different Parcels or Lots in it so it was designed for each one to require an amendment to it as far as anybody that's in a zoning in progress on their own that that's not the case well I spoke to someone this saying that it's taking time to get through the process or to have a hearing but we're actually able to review their plans and we're able to give them comments and if they don't meet the storm water we send them back and they have to make revisions or if they don't meet the setbacks or they don't meet the code there's a give and take when the zoning in progress is over assuming that somebody submits an application whatever their application was will still have to be reviewed by staff if it doesn't meet the floorida building code or it doesn't meet the city code as it requires an issue here or there we'll have to send it back what happens is when we get an application our staff reviews it for minimum standard then we send it to an engineering company like captech or kimley horn and they review it for technical we also send it to our garbage our sewer our fire and all those types of codes and if the dumpsters are in the wrong place we send it back with comments to them and their architect or engineer has to redraw the plan and move the dumpster do or widen the sidewalks or add parking spaces or move shade trees or watch out for an easement or whatever it might be and so those processes do take time but there's a state statute that requires us to do it within a specific amount of time and we're not violating the state statute and we give our responses back to the applicant the applicant then needs to get it to their architect or engineer and get the responses back to us very often the contractors say oh the city's not issuing the permit yet and then when we go look you know the the contractor asked for two days ago not two weeks ago and things like that but there's no projects that I'm aware of that the city is causing any delay on right now uh Jody kler for the record um yes we are reviewing projects that came in right where the zip zoning in progress and moving forward with those uh right now we have just a couple projects in house that are uh prior to the zoning progress that we'll be bringing forward to the commission thank you just hang tight and then we'll call for public comment in a minute just I'm sorry said was there public comment no we already did public comment for this motion but we're going to go to General Public comment in a minute after this vote so any other comments from Commissioners yes sir do you know so Mr Mortel yeah just let's keep in mind you know if we renew this Z you're talking about and I would ask any business owners up here imagine having your business um so say couldn't this ZIP process get abused because you could well you you go you R it twice and then you go away for and you come back and then you turn the whole thing back on or so if we go to if we do not renew it at the November meeting it expires in December 4th whatever but then can we put it back on say oh we're going to renew it the end of January or is that abusing the process I I imagine that there's probably a level that would become an abuse of the process there is no specific language in the code that says you can turn it back on or turn it off the code says you can extend it one time so you can adopt it and then extend it once by another 90 days and that's considered temporary I think that if you did the idea of where you turn it off and then turn it back on and turn it off that you could potentially be treated as like you said abusing it and get a law suit seeking a declaratory action that you're causing uh taking m okay Mr baggot I was helping to hoping to clarify go on go on continue Mr no no I I don't know that I was just trying to see if it would be better to change my motion to um to to just stop it after December the 4th or wait until we come on the 25th and have that discussion and that would require me to withdraw my motion but I I'm just listening to discussion from everybody I was thinking that if we're continuing in the process now and hope it to go on to the other 90 days that we at least take a break on it but if it's not um Mr bagot do you have any opinion as to this um because that would be in the middle of the second um 90 well potential if we we if we that means we would have said that we're continuing into January I I I guess I'm not technically clear on your motion your motion was a motion to Halt until the end of January I and Mr mortell used the term lift um did you mean same synonymous as to lift the zoning in progress until and do you have an intent on continuing with workshops and continuing through making changes or um or you you you don't want to do that would have wanted that and to get the public involved I think it would be to actually slow down the process a little bit but within that second 90-day period if we're going to be in that 90-day period Well I you know you have a motion on the floor currently to uh lift or halt technically that would be now from now until January we have we have an agenda item next week I hear you where we would not renew it after December 4th um and or or extend it under the code we have like Mr mortell says you can do it for three months we keep using 90 days I thought it was as well but when I looked at it it says three months um and then you could extend it for another three months so the the whole the whole reason to have it only six months is it's temporary if you stop it at six months and then start it a week later it's it's arguable from somebody that's no longer temporary I hear um but you're kind of immune from any issues as long as it's temporary under the sixth month um and and and we have been working this is our third Workshop so I just want to try to get this either over completely or we going to make changes we make we make it with the public involved again government at its worst was mentioned we wasted an hour I hear you but I think it's important and we have this on our next agenda item like can we just get to work um legally you can do it now or you can do it at the next meeting it's you're seeking two different beliefs next meeting it just won't the issue is whether you're not extended or it doesn't extend for days um and and it's you're seeking two different relief but um the issue is coming up at the next meeting but you do have a motion on the floor and that's been seconded so we either have to vote on it or we you have to withdraw the motion so this kind of energy is why it's okay let's vote on it we still doing all right Mar would you call the RO yes commissioner Reed no commissioner Collins no commissioner Clark yes commissioner Rich yes commissioner Goob no thank you motion fail thank you commission Collins so can I get a motion for oh comments by the city manager I can I get a motion for the app agenda as publ we have a motion by commissioner Clark and second by commissioner Collins um for the approval of the agenda any public any comments by the the public on this item if not do we okay yes sir thank you Ronnie kirchman kirchman construction 1241 Southeast Indian Street site 108 in Stewart I'm a general contractor I was here last time I spoke to you guys um second generation company I do employ Tanya Courtney Olivia Rachel James Tanner Josh Brian Randy all live in Martin County County some live in the city of Stewart they work for me my job is to go and feed them to feed their so they can feed their families this is greatly affecting my business as a local general contractor with the business located in the city of Stewart I am not a resident of city of Stewart have I lived in city of Stewart yes sir I have yes ma'am I have I grew up in Martin County this is sad it's not just me as a general contractor with my employees I just mentioned it's also the plumbers the electricians the HVAC contractors the flooring the acoustical ceiling guy I could go on with the gamut of list I employe on one job commercial job over 20 to 25 different subcontractors and they're all local Martin County and city of Stewart subcontractors I am not a developer I don't come in here and say I'm going to develop this project I'm going to hire local hire local these big boys that come in here they tell you that to the to the blue in the face do they hire local no they consider pom County local absolutely they cons s you consider St Lucy County local absolutely Martin County is local in my opinion I ask you guys to strongly at the next this meeting coming up to pull this whole thing continue to have your meetings I spoke to uh one of the Commissioners in here this morning we had a good conversation I'm going to be calling each one of you this week and having a conversation with you and I like to sit down with each one of you my daughter also has a GC license my I'm hoping to retire in five years which I kind of doubt it probably be 10 years I want her to take over the Legacy that my dad started here in Martin County thank you I have bro this is just on the approval of the agenda so if they have comments no um why don't we take them during let's just get the agenda approved Madam clerk the only time that's set for comments well the comments from the public yeah I thought we did the approval no we haven't voted on the agenda no we did so all in favor I thank you okay okay now we'll have public comment I just think we'll have all public comment Madam clerk so if you could just call the individuals Rod Peterson good morning good morning board Commissioners um I have a small small issue um where I can start and start from 803 Southeast Central Avenue that uh spoke on about a vacant lot that been in my family older than me over than 70 years and I got all the necessary documents stating that um the property can be built on in writing um recent recent that I was told that I couldn't build on it I couldn't do nothing with it pretty much just stare at it cut the grass and whatever but newly platted newly platted um Ving Lots got to be up under 4,300 feet square feet uh mine is up under that but that's in from February 13th to 2023 when it was newly adopted but my lot was already there so I'm just trying to get a understanding why I cannot bu build on my property and um like I said I got everything here I did a I did a lot of Investigation I did a lot of research from proper appraisal County U zoning and records and they come up with nothing as in I am legal to build something on there stating here from cra this is the restrictions that I can all this paperwork here so from zoning telling me that I can't do nothing with my property so that's why I standing from there and if I can get something from writing from the Commissioners stting that I can I appreciate it thank you sir Craig Bisset how you doing I purchased a property over did you state your name and address please sir Craig B and the property is um 516 Alamanda I purchased the property under the intent of selling off a piece of it subdividing building my own personal home I used hard money to purchase the property I also have a renting a property because I sold my property this is creating a very hardship for me it's going to cost me over $100,000 in wasted money that I don't make a year and I have two kids and a wife and you guys are creating a hardship that is just it's ridiculous that's all thank you sir what was the property address 516 elanda Ben talbet Talbert I'm sorry I don't have anything else to Joe perano good morning I'm Joe Serino uh 5452 Southwest L the Creek Drive Palm City I'm the current president of the Treasure Coast Builders Association we represent 6,000 members many of which are affected by the decisions you make here today so I ask that you keep in mind the trickle down effect and how it may affect the men and women who are trying to feed their families locally here thank you Rosie Shepard Rosie Shepard 53 Southwest North Carolina drive also I own a commercial property in Avan Lea um I'm a realtor uh a mom and I own a construction company tough roofscapes L see um I this this really has caused a hardship on my business uh with my real estate business um on my construction company uh they and as well as uh I have a gentleman here that's going to speak on behalf of one of my customers that had built Beyond substantial completion at 433 Lake and they will not even reissue an expired permit so we can get a CO the setbacks were right at 5T to the back at the time of the permit issuance and we can uh and they've charged him to get fire sprinklers issued or fire sprinkler permit uh utility permits and it's causing a great hardship on Mr Lewis Leonard who is here um uh thank you very much for your time Mark Riner good morning everyone thank you for your time I am my name is markk Riner I'm an attorney um here locally um I'm based out of West Palm Beach but I have a number of clients here in Stewart um I'm following up uh directly from Miss Shepard um one of my clients is the owner of the property at 433 Lake um I know there was some discussion that there are regarding the zip that there's not many projects that are being held up um unfortunately right now we do have a a vacant building where the building permits were approved there was uh substantial completion essentially what happened was a a law regarding uh the distance between retaining walls and the structures changed after the building permit was issued um right now uh the owner is not able to get a certificate of occupancy clearly there's a a lot of uh Financial damages occurring because everything was built according to the building uh Department it was approved um it was constructed in accordance with that approval and now essentially the building's vacant and it's stuck where it is so um I think the the the lapse that the time you know not looking at anything until the end of January will cause further undue hardships and we would ask for um essentially either the property be gred fed in or to have some type of uh of variances to the the current zip where something was already completed is occupied and it's vacant and um I thank you for your time thank you Barbara Kibby Wagner good morning everyone hi I'm attorney Barbara Kibby Wagner I'm here with my husband Jordan Wagner And We Own the Wagner Law Firm at 73 Southwest Flagler Avenue in Stewart Florida and I'm just here this morning because I just wanted some clarification and possibly modification regarding parking in downtown Stewart so we bought the office three four years ago it's the big white office on the corner it's by Luna says Kibby Wagner um unfortunately we are very excited to buy this office unfortunately since we bought it on a usually weekly basis The Lyric Theater blocks off 7 to 12 parking spots specifically just in front of our office and their business um this is obviously very harmful to not just our business but all the other businesses in downtown Stewart there's the googan coffee shop there's Luna's Pizza there is Spritz right there you know this is a right on the corner um I brought a picture so those are the cones that the lyric just puts up they're not labeled and then they have poles that are actually put in the streets so they put those up yesterday at 7:30 a.m. and they have their poll saying Lyric Theater those are 12 spots in downtown that nobody can use so at 7:30 a.m. they put those cones and spots up and those were left up until after 5:30 when we left so that's more than 12 hours I spoke with the lyric we've spoken with them three times we've said hey can we please go ahead and move these cones for our clients we represent many accident clients people who are in car since they're on Walkers canes they can't park all the way across the street they refuse to do so um this is on a weekly basis there shows are at 7 o'clock at night usually so there's no reason why during business hours 12 spots should be taken so I'm not trying to harm the lyric my daughter she's sick she dances there when there's Christmas shows it's you know I grew up in this town born and raised um I'm just looking for clarification I don't think it's fair for any business downtown to just have 12 spots blocked and I'm looking for what Authority they have and if we can please change that have it narrowly tailored if they need a couple spots for loading unloading fine but it should be during or right before the times of their shows thank you thank you I'm I'm sure we can ask the city manager to look into this I can briefly tell you that many many years ago the uh Stuart Main Street and the downtown Business Association came to the city with Lyric Theater and asked that the lyri be allowed to park to Mark those spaces off so that their the talent whoever's performing that night could pull their buses in and reserve them in advance for when the bus gets there um Mrs kbby uh emailed me yesterday and I responded to her I've already sent a request to the clerk I don't know if we did a formal resolution back when it happened I know that it's informally been being done for at least a decade or probably closer to 20 years and be honest with you hearing the 12 spaces it does seem a bit EX exessive and also I don't know the circumstances yesterday but it could have been that the bus was supposed to come and doesn't come still um I my recollection of it when it was first adopted was that you know when Willie Nelson shows up in the bus the bus would be able to park in front of the lyric I think it's kind of expanded to be the bus and another bus and the whole block or whatever it might be so we probably do need to address it and rein it in at minimum to Define it and a certain number of hours before rather than obviously losing it for the entire day and then not even have the bus show up correct number and time so but we're pulling we're looking through the archives to find when it actually happened and the the meeting that it place and you'll bring that back to us yeah next price oh taking his shirt off I here today detet Price City of Stewart I'm here as a landowner developer I'm not the big bad developer that they talk about I work everywhere come into town for the last 10 15 years invested over half a million dollars to try to do something good for a community with a piece of property that was reverse spot Zone worked with the city and staff to do something more in line now I'll tell you two years ago majority of the commission it was said out loud right they said the quiet part out loud they want to zip it keep everybody quiet you know remember that that was said two years ago right now you're taking away all our property rights we're stuck we've invested lots of money and what do I see not even paying attention to anybody speaking they we're reading comic books or whatever they're doing not listening to folks coming up here telling tell you how hard it is that folks are losing their jobs they have staff that can't work but oh you know what I'm going try to figure out how I do stuff I hear nimi about oh we're going to lose our view cord or privacy because someone's build in a for story building how is R2 single family and R three single family fitting into that right because you can go to two or up to 35 ft but it's on the chopping block also right because you have the gentleman here whose property fell underneath that four or 5,000 square feet now his property is gone so he better figure out how to buy the property next door and vice versa and keep doing so what you're going to do you're going to gentrify everyone that's in there to try to put something in bigger that doesn't work in a community that's been longstanding and been there forever the property I have 1952 everything else built up around it it was the first ones there everything else built up around it to be Apartments I come in and say I'm going to do five single family homes well guess what right now that's on the chopp and block because all of a sudden our two single family which I don't see too many people doing around here or R Tree is in Jeopardy of losing their size setb requirements everything that I've basically worked hard over the last 10 15 years to try to do for a community is gone and what do we hear here we just voted no to even think about taking your time to have the public come out and speak so what are you doing same thing you said two years ago zip you're closing off the M of the people who look like me to basically be having an opportunity to speak out about what you're doing to their property rights so if that's the way you guys want to keep it going I'm going to tell you what I'm going make sure that it is known as to how this majority commission is running and how they really want to work and I do have that path thank you thank you Albert Brinkley like to say good morning to you all I'd like to say this here it is time for you all as Commissioners when you come into this building to have the right mindset to conduct yourself in a manner because the public is saying the way you all conduct yourself God gave you all the responsibility to carry out the law of the land you keep hearing me say this I'm saying this because do not it just doesn't seem that you all are getting the picture that's why I tell you to look at Romans chap 13 verses 1-7 you have a responsibility to carry out the law of the land we have a responsibility to obey the law the way y all conduct conduct yourself it's embarrassing to the to the city now Mr camon I have to agree with you you all need to take a step back here cuz what you all are doing is affecting the Easter community and you all is not looking at us of what you all is doing cuz what you all is doing is basically gentrification of the East Stewart Community you all need to take a step back we are part of Steward but we are not being heard we're being overlooked so Mr Kim I have to agree with you the community needs to be heard medic like this here the person in that Community is where on their job on their job we need to be heard in that community and not overlooked and for God knows how long we have been Overlook you all concerned more about downtown than the inti stood it's more than downtown you got whole steart real part upto stood but we're being overlooked and we are tired of that we need to be heard Commissioners we need to be heard you all have responsibility this shouldn't be no dictatorship this stuff is going on in Washington going to go on in Washington it's going on in Tallahasse there shouldn't be no dictator here but it's working that way we need to be heard in this Community not Overlook and again Mr cam you are right this need to be Community need to be heard concerning this here this zoning that you all trying to do is goes right back when you look under justification you'll see East do you all need to think about us in this community think about us thank you Mr Brinkley Marcela camper good morning Mr Mayor Commissioners and staff I wasn't going to come I was working in my office but it's very aggravating to hear this schedule to hear this commission some Commissioners state that we don't want to Bo the brosses down with public input not that of the business owners residents or experts in the area uh let me remind you that the state statutes mandate that any changes to our comprehensive plan which many of the things you're proposing will result in changes to the comprehensive plan must be based upon relevant and appropriate data and analyses must be include but not limited to surveys studies and the community's goal and vision I wasn't going to come but I keep hearing that this is based on a mandate and please make this my public records request for the list of people in that mandate because all of our names again are here and as long as you all keep saying that this is being done based on a mandate we have a right to know who is part of that mandate you're the ones bringing it up secondly I want to say this ZIP has Frozen all of our work doesn't matter I work in other communities I did have a project for Workforce housing and E store 27 town homes that's frozen don't even know if that's going to happen happen after you're done making the proposed changes you want to make to e stward on the code we just spent two years adopting by the way I have a personal project my first house got approved very quickly my second house has been in review since September 3rd I don't know if it's because staff is very busy trying to make sure none of us can do anything um you know same type of permit lot next door um no comments but my project for a single family home home is not moving forward maybe it is because now there is a proposal to make my homes non-conforming with your R3 I thought we were okay with single family homes especially with projects that adhere to doing single family homes as opposed to their ability to do 30 units to the acre finally I just you know I wish I had more time I wish this were true public input process um we're talking about you know playing bingo with densities instead of 30 and 20 and whatever let me remind you that those need to be based on seasonal population estimate projections Bieber whatever it is you want to pick not just opinion and again if it is the Mandate we need that list please uh because we're basing very important decisions in the city about that I had one more thing but maybe I will have to wait two weeks to say that thank you Betty Brinkley good morning B Brinkley 9:45 Southeast n Avenue I thank God for Jesus cuz he keeping us where we at down today if for once to God we wouldn't be over in East stood by the grace of God I'm 75 years old and 40 years I've been fighting trying to keep e stward a residential a neighborhood why cuz I'm a crow of whatever you consider me I got to fight to keep my home why am I fighting all this long time trying to keep the home that I worked for paid for to get and then it's in Jeopardy CA you want the area to for business nothing against the business people but you want it to expand that's how I feel about it take cuz I'm a different color why are we going through this here in 2024 we shouldn't be have to fight for our home and stuff like that and then you come over there and you do anything over in East St all time of morning 6 5:00 you over there doing trash 9:00 at night 10:00 11:00 you over there sweeping the street waking people up at they sleep we get disrespect it over there simply CU we not your color money and stuff that's how I see it we consider nobody all this stuff you doing to us because please tell me and then we get this Advisory board by the park you totally I'm this group right here you new disrespect us disregard us as being somebody you go and and and we tell you what we don't want but you go and put what you want there anyway what you want it's not for us uh African-Americans you want this SP for nothing against you uh good white people nothing against I'm serious you wanted to be for somebody other than the black it's in the African-American Community but you fixing it up for somebody else not for us we want you totally disrespect The Advisory Board what we were trying to do but you got there the other people that left maybe have a different perspective what going on with us but you disregard us as being human disrespect you sir that's all you did youer thank you Miss Brinkley I have no more public comment no other comments okay so discussion and deliberation by the commission um I would just like to remind the commission before we begin this that uh someone who was very closely involved in creating East Stewart and Creek District um code and I was at many many workshops that she was with and she's here from the Treasure Coast Regional planning commissional and that's Miss Jesse Seymour so I would just if you have questions of her regarding the code or maybe the thought without objection I think we could refer to her Mr mortell and ask her questions you guys do whatever you want if you don't mind Miss Seymour you gonna let jod do that first or you just gonna go through chapter no no Jody do you have a presentation no sorry I do not have a presentation we were just going to start with chapter three okay commission M Collins uh unless unless uh there was a lot of desire to go through Urban and Creek District I don't really feel like those changes were the major uh concern that I had I feel like the parking changes that we've made and the density changes that would make its way through Mike um the urban and Creek district from a commercial standpoint right yeah we can when we bring it forward with the resolution board has the authority to make that Citywide right so I don't know that we need to go into urban or creek but my major concerns were with the East Stewart form base code so I I was going to ask if we could go specifically to that section versus been too much time in urban or Greek I to thank you may I say something Mr Mayor with regard to the creek District I know that there's a great deal of uh multif family units in the creek district and so I don't know if you want to um talk about uh any parking changes with multifam those are already exis in what they well you the board has already discussed parking changes related to MTI when we bring that back if board tells us it's all multifamilies and it's all multi family you make different areas exemp the exempt like example where we're sitting right now is exempt from parking because there's no parking but if you adopt the 2.5 spaces per two units Citywide then it'll apply minus what's already parking exam right that be my it's also there's going to be a debate one of the issues we're going to address with the board is Grandfather obviously if you have a building that's already built you're not going to be required to go out and add the parking correct yeah okay what that well I mean again you guys haven't adopted anything yet so I'm answering hypothetically historically it would be a non-conforming use that's grandfathered as an as a legal transferable use however if you expand the use you then need to come in compliance so if you had a two-story building that had its parking lot or whatever and then you decided to add a third floor you would then be required to add whatever parking was necessary on the first two floors as well as the third floor in order to add the floor I mean that's assuming that's what you guys adopt could that be viewed as it taking it again it depends on what you say or do it hasn't been in the past it's these are all hypotheticals right now because I don't know what language is being adopted or not adopted if you went out right now and said anybody that has any type of residential unit and you have to P build twice as much parking or 25% more parking you have to do it right now where you don't have clear title then you would probably have a Bert Harris claim that is diminished value of those property if you did it to only expanded uses as long as it didn't take a vest it didn't remove a vested property right um and redu the substantial use of the property it might not meet the bird haris standard so it all depends on what exactly you did for example it's it's not our code or zoning isn't prohibited by law you can do zoning you can we've always addressed parking and density and height and setback so just adding a setback or taking away a setback hasn't been determined to be a bird Harris claim it's the extent to which it reduces the value or use of the land and it's a subjective or Case by case after the last Workshop I sent everybody a summary of the bird Harris that had like a bullet point of the different criteria that need to be used to evaluate each Case Case basis but if I had a two-story building say I had six units two stories and I could and I've owned it for a few years and right now I could go to four and then we change the parking R aren't you denying me if you can still go to four I'm not denying you anything but if the No No but the with the new parking restrictions I can't well if you can't then yes you'd be being denied but why can't I mean that's it's a case by case that you'd have to address um for example one of the public speakers earlier today was talking about a parcel in East Stewart so I quickly looked up the East Stewart code which we're getting ready to talk about and if you look at table um I think it's no it's um it's further down but it talks about the minimum lot sizes and it says that um it's uh es9 um it says there's no minimum lot area and no minimum lot width and it has a footnote number one next to both of those M and then if you scroll down to the footnote number one right it says 4365 ft or necessary the parcel on Central is 3,05 Ft so the question is From staff's perspective I'm sure that someone in reviewing that with the gentleman probably said this parcel doesn't meet the 4365 Square ft mentioned in the footnote which doesn't mean that it's prohibited it means that in order to have it be a parcel they would have to come before the board as a conditional use the city commission could then Grant the ability to build whatever it is that he was pursuing to build but the process would be conditional use okay before we get to In The Weeds which is easy to do here for those Commissioners who are looking to make changes here could I just ask you what is your what is your vision for what you want to accomplish here what do you want what do you want this area to look like or what you not want to be not want to see happen uh you know this is normally how the commission would work we'd say here's what here's the look or feel or here's the overall idea of what we want to do when we get some regulation to accomplish that so if I could just ask us to set step back so I can get an idea of where we're headed I just wanted to go over the footnotes it it mentions the minimum lot size though Mike but it says for newly platted Lots this lot isn't really newly platted though because it did have a single family residence so do for existing Parcels with assigned parcel ID numbers at the effective date of this code and what would be the effective it seems to me that those Parcels would have no minimal odze and then it says the new the newly lots have a minimum lot size of 4365 I'm assuming that this and then it says the newly pled lots for at the effective date of this code would have been 2023 that's how I interpreted it and again I don't I don't know that he's submitted a permit I don't know that he submitted anything to be requ to be built it also has setbacks and if he submitted a house that only had a foot setback and it got rejected so I have no idea what was submitted or if anything at all Miss Seymour do you have a comment on this yeah I just wanted to add to um Jessica Seymour from Treasure Coast Regional planning Council um just wanted to add to um ell's comments uh City manager's comments that um that he's correct with the the newly platted Lots we would of course have to know the full scope of what was submitted to see what would be um maybe one of the issues that came up um but the the intent behind this was of course to recognize that the platted Lots in East Stewart many of which are unusual sizes and scales that they should still be buildable Lots um but that then in the future that people wouldn't abuse that system by subdividing them even further into very very small Lots so that was the intention all along so just for context on when we were working on that code that was the intended language it was the intent behind the language and that's that's how I interpreted it as well when I I looked over um for Rod when he had called me and reached out through email existing partial IDs had have no minimum or maximum lot size newly ploted Lots after this code was developed would have to meet the minimum at the last meeting the board voted to tell us to make minimum at the first Workshop the my notes are going to be that you guys said to bring minimum lot size of you said 6,500 and commissioner cullin said 6,000 so our notes are 6,000 yes but in the East Stewart Neighborhood code it was right that correct there minimum lot sizes was Citywide at the first Workshop if you guys want us to not we need direction to that effect right now because of the 1 because of the 17th per acre you're going to be looking at a smaller minimum lot size here that that number would reflect E Stewart more specifically because of 17 units breaker versus 15 10 units per acre is 4365 then what was the rational for 4356 for what because it was uh 1 acre divided by 10365 10 that's that's actually B2 zoning um and then like as you said though I me the effects of the looking at minimum lot size across the board and the parking standards are different in the East Stewart neighborhood if those are those effects could be something that even is affecting potentially I think Jody may be able to answer this better but the single family zoning in those districts and I believe in in East Stewart when I've looked they East Stewart Neighborhood code might have had the only one in the city where it was no minimum lot size no there's the CR north of the bridge has CR north of the bridge cuz I know in the Frasier Creek neighborhood there's a non-conforming structure with a lot size of 20 some hundred square foot where it was platted out but that would that was non-conforming and I believe when I read it unless there was a hurricane or natural Act of God then they could replace what they had I believe commissioner Clark do you have a comment yes I want to be sure that um the smaller lot sizes that are buildable lot sizes in East Stewart stay the same and that the the the Citywide um proposal that that doesn't affect the um the current uh language that's in the um East Stewart uh and that that is exactly why we're going to be bringing back the resolution on December 9th so that we get the clarification from the board so that we know specifically on those issues whether or not you want them to be for example the parking issue that last meeting we talked about adding 2.5 units for a two-bedroom uh multif family to calculate parking does that apply to the creek District the CRA the urban center the urban Waterfront the urban downtown and East Stewart and um the city as a whole or does it just apply to outside the CRA and those issues will be very quick to go through on December 9th and we'll just go right through them and if commission says as a whole then it's as a whole if it's as limited and it's limited right now my notes for the um minimum lot size was that we actually addressed that there was no minimum lot size in East Stewart and north of the bridge and that the board wanted there to be a minimum lot size for those areas but you guys are free to change that yeah I did miss Seymour before you wrote the form based code for each Stewart did you do an inventory of all the properties yeah we did a uh as mentioned before it was a two-year effort um we did a extensive amount of GIS work with the city staff to review the sizes of parcels um you know the ownership patterns um the development patterns demographic information um and that all was used as part of the the effort to make recommendations so this um minimum lot size before the form based code and again for some frame of reference um East Stewart has always since 2004 has had its own unique code it was not a new thing in in 2023 for them to have uh that neighborhood to have a different code similar to the urban District um that it was a little bit different because it recognized the scale of the the Lots the his fabric um and at that time there was also um a an acknowledgement of the smaller lot size as well so we carried that forward thank you that was somewhat of a rhetorical question and just to reveal why we're in somewhat of a muddle here is because we're passing regulations and I've asked this before do we have you know I've asked you have an inventory of how many properties are affected by this change and it you know we don't have that we haven't done on that prior to suggesting these changes and one of the reason the process is so going to be so lengthy is finally when we finally get back from Mr bagot and M ker and Mr mortell suggested changes then we have to go out into the community and talk to these businesses and talk to meet the people in these St and say hey here's what we're suggested what do you think and that's going to take a while I'll tell you that because these some of these changes are pretty sweeping just with regard to minimum lot size I do think it makes sense to have a minimum lot size but it should be based on what's over there so maybe it's leveraging that work that you did in the past um that where you looked into that but with regard to residential north of the bridge as well we should have some kind of you know not to make everything non-conforming obviously we should have some standard over there for minimum plot size would be my my ask when you come back commissioner Collins we can actually do that um when the for code was being processed in in all the analysis I wasn't here during that time so I Rely a lot on Jesse during that process um but I can work with her and and we can uh bring back the inventory and update it if you if that's the uh wish of the board I would like to to uh mayor Rich's uh question question initially like what what do we want to see over here yes sir yeah we found our way back th this the reason I wanted to start with the Stewart form based code is because this is on the short list of decisions that I regret in terms of voting to approve at the time this was you know we had just gotten thrust into this if you weren't on the LPA you you weren't as familiar with it I was not and I'll tell you why I regret voting for this is the East Stewart form-based code as far as I can tell dramatically transforms the nature and use of a single family home neighborhood to a mixed use more developable District sort of a creek district with some residential there and the more that I've unpacked the changes that we've made here I regret it deeply because if this was done in my neighborhood I would be furious okay so so to here's what I wanted to ask if if you'll let me have the mic for a minute Chris would you pull up the Martin County Property Appraisers website that map because I I have a couple points I want to make here before we get too deep into this and I I I don't want to make huge sweeping or or tiny little CH I think I think this could be dialed in relatively easily as far as I can tell mix mixed use or you know commercial uh can should should and could happen on MLK to some extent but we also I can also pull up in the code es6 yes exactly the map that's our that's our there it is map yeah if you give me that as well so sideways yeah can you spin that around rotate maybe file save and rotate if you save it as a Snipping Tool and turn it Chris can you file save that t there you go I have another document I'm pulling up okay and I'm going to tell you what my oh that's perfect where we can go back and forth It's Going load it'll load prev as well it so as I would characterize this and this is my opinion previously the way that we had this configured was as a primarily residential neighborhood single family home neighborhood the changes that we made here allow business and Commercial to be intermixed within this and density in the form of duplexes where there are existing single family homes Hang Tight Okay so so the types of zoning that we have in here that we'll get into are business mixed use which we're going to see in purple General residential office which is going to be in green and single family duplex which is in yellow within those three available zonings are yeah gr bmu and sfd are any of those single family home exclusive so if you include duplex the yellow is now I want to make a point of clarification answer my question corre are any of those three zonings exclud exclusively single family home single family home no exactly okay so even within single family that could be a duplex correct if the density of the lot size permitted it but it can be a duplex potentially bu ride if it's allowed if the lot size allows for that yes okay grro besides single family home what could grro be offices and low some of the low impact commercial we can look through the commercial correct hand commercial type thing and then