yes mayor going to start the meeting welcome everyone Mary roll call Mayor Bruner here vice mayor Rich here commissioner Clark here commissioner Collins here commissioner McDonald here and I'm looking for um Pastor Orman he's going to lead in the invocation I don't the having trouble with storm outside well U we're going to move on and we're going to do the Pledge of Allegiance everyone rise Al to the flag United States of America to the for it stands one nation God indivisible with liy and justice for all do I have any comments from the Commissioners commissioner Clark yes oh okay I have uh three comments I think two will be together so I just wanted to always thank I don't know if I should call a name but I know that Michelle does a lot of emails with me Michelle vicet I just want to thank the staff for always reminding us of events and sending us the invitations and I stayed behind this weekend I could have been elsewhere and I went to the um Memorial day yesterday and that was a very I wasn't a lot of people but I think it was a significant event for a community and in that regard I know that we have all these events especially when it comes to parades and things like that that helps to Define um steart in some ways and I don't know Mr mortell if we've ever um thanked Mr ween for some of the things that he does just to keep our you know things flowing in our community he assisting so many of these things on his own and there are many other organizations and persons who do this on their own not the city of Stewart although I know that Mr Leed and his staff is always available when people have to use the city's facilities but these are all done by community members and I just wanted to thank Mr rean especially and um you know maybe Mr Mortel can pass on to him that we really appreciate what he does because it helps you know for the city of steart and that when we're all out there as Commissioners and people who are leaders in the community it helps so I'd like to um at least acknowledge Mr Jim Reon for helping out with the me the Memorial Day parade and for of course thank those who um came out the other thing is so that's two things uh the other thing is um on I don't know if this is going to happen before after the next meeting but on June the 13th on a Thursday when there will be all sunshine and no rainstorms and everything like that uh at 6: p.m. at the 10th Street Community Center there'll be a town hall meeting and um I'm going to be hosting that town hall meeting and um it will talk a lot about the designation of the East neighborhood and some things that are happening on the city's website and and gathering information so um that's going to be on June the 13th on Thursday at 6: p.m um I think that's it Madame [Music] mayor commissioner Collins do you have any remark thank you Madame mayor um I'd like to respond to an odd comment that was made by a member of the public I think it was the last meeting may have been the meeting before that and the reason I want to comment on it because there's some misunderstanding I think about how this commission operates and she said um you shouldn't spend so much time talking amongst yourself you should listen to us so the public so the commission never speaks to each other except here I had someone come up to me the other day and said do you have Troy's phone number I said ' no I don't have Troy's phone number I would never have Troy's phone number I would never call him we never get to discuss the issues together except when we sit here in front of you and have to figure out the best way to move forward for the city here's what does happen between the meetings we read and I know commissioner Clark is very good at that I'm getting better at this we read an enor orous number of your emails we meet with you in person we speak with you on the F phone that's who we talk to between meetings is the public so you shouldn't feel slighted that we do make a concerted effort to keep the public comment to three minutes if you feel that you didn't have the opportunity to express fully your feelings regarding an issue call us up call Michelle vicet and say I would like to meet with all the Commissioners I guarantee you you will have an opportunity to sit down and talk to us so I just wanted to make that uh you know I just wanted to make that very clear to you um the other point I'd like to make is however that during that three minutes I would ask that we as Commissioners not interrupt members of the public I know often times we find ourselves wanting to respond to a criticism or answer a question question but if the person is speaking perhaps against the matter that you're for you're questioning you are in effect taking away their time and you're sort of filibustering them so I just think it's bad form for us let's just let them speak if certainly if we want to speak to a member of the public we're free to reach out to them that's why you put the green cards in so that we can contact you uh and if you want to speak to us feel free call us up send us an email we're more than happy to take the time you know you are who we work for so thank you Madame mayor commissioner McDonald um I just want to thank everybody that put together the Memorial Day uh prayed and Rememberance yesterday uh as always it was a really good event unfortunately it was very very hot and I actually saw uh medical attention being given to one young person that I think was overheated so um so but it was it was a really good event and it was nice to see so many people out there so so anyways that's all I have tonight and thank you okay comments from our manager U first I um wanted to say that the agenda item has a matter that's on the consent I would ask that it be uh pull for just for regular discussion the reason for that is twofold number one it's the uh petition uh to the EPA that we discussed very briefly at the last meeting that I said that I would uh to this meeting and um after it being reviewed no hello um and then um after it uh the was published uh it was pointed out by the center for uh biological diversity that technically the language in the title did not authorize the city to join as a petitioner but rather endorsed the petition and I just wanted to make it clear so we have some revised language a revised title um that I would like to be right in the record and voted on by the um commission we'll address that on the agenda item um the uh other matter uh in response to commissioner Clark um I have thank Mr reordan almost every time I've seen him for the parades uh directly and and you're right he does do a significant amount and has always done it at um no Financial benefit to himself but at actually a financial cost to himself for I think about the last 20 years um and I also believe that this is his last year as he has said that he's got some other things on his plate and that he may be um wrapping it up as soon as I think I don't know if it's going to include this um Veterans Day at the end of this year or not but he was looking to pass the Baton to someone else and he will be sorely missed because he has spent a considerable amount of of his own time and money to make sure that the city parades have all done very well um and then lastly um and commissioner Rich's comment um we can provide his home phone number for very late night calls for anybody that wants to call just let us know uh but other than pulling the one item we also um for the clarity I've um have a fairly light agenda because I anticipated a lot of public comment and the um agenda item but we are going to have some discussion regarding the oyster Garden from uh Ben as well um and we might as well get started that's all I've got Madam mayor thank you can I I I forgot to mention that I was invited to be a member of the Indian River task force with regard to um environment and biodiversity and I'll be going to a meeting in in in Sebastian tomorrow evening and I'll bring it's a new thing that some professors I think from FAU and some other places they're doing some surveys and studies of communities along the the okobi uh Waterway and so they asked me to participate and I'll be going to that tomorrow thank you madam mayor yes commission move for approval of the agenda pulling item number two from the consent agenda second I have approval I have a second for item number uh one pulling number two um and we'll do uh uh all in favor I I I I I now we can uh I have um Miss Andrea Cree that she wants to speak on number three hi hi um my name is Audrey Cree I'm an attorney here uh I got two mics now fantastic all right um okay now okay I feel like I'm at a press conference which is really strange okay uh getting back to the topic um I'm audre Cree I'm a land uson zoning attorney here in the city of Stewart and I happen to uh be tangentially involved with this project very very limitedly but um I was able to hear about it through one of my good friends who's going to be speaking on this particular petition and it's really nice when I can come up and and be in favor of an environmental cause because the environmental cause is not in direct conflict with private property rights this is one of those times which is really I don't think any of us really want to have any goal whatsoever of being anti-environment um but it is very nice when I can look at a project and be like wow there really doesn't seem to be a whole lot of drawback to this we're not taking away property that could be used for something we we're not taking it away from an owner this is something we can do in a area that's already owned to a certain extent by either the city or the state in those waterways um to to fill a need so it's I really encourage you all to take this as the the gift that is um an ability to help the environment without being in conflict with the money and time and effort that people spend on their property thank you Audrey and what um Audrey is speaking of is number two supporting a petition from the CBD to the EPA on water quality oyster I'm I'm for the oyster Garden I apologize three I thought the consent agenda had already closed and that this was public comment for commission action so I am in in favor of commission action number three which is the orer Garden Project okay thank you forgive me Mr no no worries that here's public comment we have a public comment yeah okay we have only one public comment okay Mr Reed John Reed I got ahead of myself welcome sir non-agenda yes this is non-agenda items uh yes my name is sha Reed for the record I just want to talk about giving feedback to the Commissioners I started door knocking back in January of this year I do about two to 300 houses per week so I hear a lot of feedback firsthand from the residents in the community and they're not happy with many elected officials whether it's the city or the county on what they approve they're tired of seeing projects get approved that meet half the parking requirements in the city you know if you're you can't park it don't build it and it's not your job to make sure their project is profitable at all it's uncalled for and it shouldn't happen um so I'm going to keep door knocking over the next several months and I'll report back every month on what they talk about and we'll see if you guys are actually listening to them I mean you can do the math two to 300 houses a week I do and I started in January of this year and I'm going to run until August of this year so it's quite a bit thank you any other public comments I see none are we I miss do to consent agenda move to approve the consent agenda miss all right moving to um approve the consent agenda uh we have a approval and a second all in favor I I hey poing number two and number two is supporting a petition from the CBD to the EPA on water quality standards for cyanotoxins Le could you read the resolution sure Madame mayor a resolution of the city Commission of the city of Stewart Florida authorizing the city to be a co-petitioner and a petition from the center for biologic biological diversity and other allies requesting the United States Environmental Protection Agency to establish new human health water quality criteria for Sino toxins in the states class one two and three surface waters providing an effective date and for other purposes thank you is is there going to be new language so he read the new language into the title um if you can hand me that sure just for clarification the original title said City city of Stewart authorizing the mayor to endorse and the new language says authorizing the city to be a co-petitioner in the petition from the center for biological diversity so instead of it saying mayor endorse it says the city is joining and is the actual uh co-petitioner because I believe there's there's a reference to allies as well later in the language and the um the uh it says the center for biological diversity and other allies those will be other petitioners that join I don't know the entire list or the entirety of the list I'll move for approval second okay we have approval we have a second all in favor we need a call first public comment Madam mayor could we have Mr Hogarth City staff speak to his understanding of this petition thank you Ben I know he's prepared that's okay um I was going to speak on the next item but this one's totally fine too uh the petitions um pretty straightforward uh it there was a 2019 petition if I remember the year correct that it was previously um if you want to say attempted but there were other organizations that are um allies or party to this petition that um had tried back then with the the center for biological diversity um for the Public's edification really what it is is just asking the EPA administrator to um come up with new standards by which the state will be held to account for those um in relation to cyanotoxins and blue green algae and again the the problem in the state right now is that we have standards for um blue green algae as far as the pollutants that create it which is uh numerical standards for phosphorus and nitrogen what we don't have is if it's existing in the water body if if if you have cyanotoxins in the river for example um you know we don't have any kind of uh limitations or standards there and the state is not necessarily compelled or required to to create those explicitly right now um if the EPA sets that standard for Florida then then it becomes the new standard so um but that's the best reader digest version I can give for for what it is yeah thank you commissioner McDonald you know I'm so glad actually I'm glad Eve brought this to our attention I think it was Eve that brought it uh I grew up in to Ohio and to Ohio at our lost summer of 2013 or 2014 uh Lake Erie had so much um green Al toxic algae that the city of too had to shut their water system down and uh the Water Company city of too utilities was having to deliver or cases of water to everyone's home for almost 600,000 people for about 3 weeks and they were told they couldn't even shower with it so and then just over the weekend uh my wife was uh watching something on television someone was talking had a some of One of These reality shows or something and it had a picture showing somebody uh doing a selfie and with the water behind them and I don't know where it was but there was mountains in the background so I don't think it was Florida but the lake that was behind them was bright like almost like a green screen green and so this is a problem that is not just locally not just in our state but probably I would say worldwide but so we definitely uh I think you know and I think it's something that definitely needs to be addressed and I hope that we can be a small part of the solution so and I'll say that commissioner McDonald brings up a good point the public who might be reading the title might not know what class one two and three waters are class one waters are water that we use for portable use for drinking water class two would be something like where we get oysters from for consumption and class three Waters would be Recreation so basically anything that that touches kind of that humans touch and um humans interact with B do any states have standards that you think are good and effective um yeah it's a good question I haven't done a full analysis of every state that has these standards in place I know of a couple I believe that have uh introduced them the pro this is a global Problem by the way um as far as uh phosphorus and and nitrogen um nutrification and pollution and all that it's it's a huge problem um the you know the problem is that it's used so ubiquitously that it affects so many people and so many businesses um you know it's kind of like our P issue is how many jurisdictions how many cities communities in the entire country are going to be affected that's that's the question in this case this is just for the State of Florida that's what these standards are for uh to your point commissioner McDonald they now have it in the fs in Norway which I you know we view with their colder water temperature we would probably view that as unlikely but no fortunately thank you Ben thank you commissioner I want to thank um Eve samples Friends of the Everglades for being here Eve um over the years has done so much for this city and this County she um was the editor of steuart news for many years always fighting for those discharges to stop and thank you Eve for everything you do we uh do we have any comments from the public on on this resolution 2024 no okay can we do all in favor on this roll call roll call it's typically a roll call but I'm not sure if funding is involved there is we should do roll call no matter what okay we have a motion we have a second um roll call commissioner Clark yes commissioner McDonald yes commissioner Collins yes vice mayor Rich yes mayor Bruner yes and consent now we have a commission action the oyster Garden Project along with the downtown Riverwalk with the uh CCA Lee could you read resolution 53-22 24 sure a resolution of the city Commission of the city of Stewart Florida authorizing the coastal Conservation Association of Florida to coordinate the installation of vertical oyster Gardens along the downtown Riverwalk for the purpose of improving water quality and providing safe habitat for o ERS and other marine life further authorizing the CCA uh which is the coastal Conservation Association to maintain Monitor and collect data from the oyster Gardens as stewards of the environment and the public trust providing an effective date and for other purposes uh Commissioners uh good afternoon again um just want to briefly introduce uh this item um I'm not actually going to do most of the speaking I'm going to ask Matt from the CCA to come up here and introduce himself the organization what they do uh they're because they're a a Palm Beach chapter they're not here every day um and and we know a lot of the rivers Coalition members and and all this is another great NGO and organization in the community in The Wider community that does incredible projects I think if you look at their history of their website um they're substantial projects and we're kind of fortunate that they approached us I believe they approached and spoke with commissioner McDonald first um staff Then followed up uh we we communicated over the last several weeks just working through some um just some permitting questions that we had with the state agencies just to kind of get a a general approval to move forward make sure this wouldn't impact any research or any ongoing efforts out there um but with that said let me uh bring Matt up to introduce himself and yeah uh yes ma'am I just wanted to say you know with uh loam 8 I think I'm going to start saying loam 24 and how this is going to be so great and hopefully these oysters have a have a great life ahead of us yeah I I I appreciate you bringing that up I was also going to make mentioned that um loome has officially been announced for kind of the final um ruling moving forward the final draft be another 30 days of public comment and then after that we expect it to get just total approval by August and be in effect by then so we're very excited about that um the work isn't over so what'll happen is the EA Reservoir you know knock on wood will hopefully be coming online sometime around the the turn of the decade to 2030 right and before that just like before the Hubert herik kind of went into place we're going to have to re-evaluate loome to include that as a new consideration so our hope is to make the 40% a bigger number what that is we'll find out when we do those the math again um and hopefully the math works out better for us uh then as well as it did this time so um but let me bring Matt up to talk and appreciate it again Commissioners thank you welcome Matt thank you very much uh good evening Commissioners my name is Matthew weop I am the vice president of the Martin County chapter of the coastal Conservation Association uh volunteer with them uh I am Martin County born and raised I've been here for a little bit and I've seen the changes in the water quality that we've had here I know there are a lot of outside factors that impact us but this is something we can do locally to make a market impact on it as I'm sure everyone here knows oyers are filter feeders they filter out all the stuff we were just talking about that we don't want to have in the water anymore and providing more habitat for them will help them do more of it uh the project I'm proposing is called a ver vertical oyster Garden what we will we are proposing to do is to hang vertical oyster Gardens which are strands of dead oyster shells dried uh for six months prior to their arrival here so that there's no risk of bringing in pathogens or anything like that uh and be hung uh equidistant between each piling on the boardwalk it'll effectively double the habitat range for oysters and we'll probably have better pickup than the concrete pilings there's nothing that an oyster attaches to better than another oyster it will it'll go a long way towards the water qu quality and we'll also add a lot of habitat for other organisms crabs fish in and around that M May commissioner McDonald Matt thank you you brought this to me and I been working with Jim and getting you guys uh we appreciate your help one of the uh one of the things that uh I really didn't mention to you but uh um I think it was with Mary when we did the oyster so I actually put together an oyster recycling program with our restaurants was what Mary was that 10 years ago maybe yeah so we we actually have a oyster recycling program uh for the oyster shelves that all the restaurants are doing and we did that in conjunction with um Florida oceanographic uh at our sanitation department and uh it didn't come without challenges uh from the recycling aspect but you also I one of the things you CAU remember is uh all the oysters have to be dried for 90 to uh 180 days to ensure the pathogens because the oyster shells that we're consuming here are not from here they're not local oysters they're coming from the northeast or up in appalachicola or I don't eat oysters so I'm not sure exactly where they come from but um but they're coming from all over the uh the oysters that are being consumed are coming from all over the place and what amazed me when we did this program number of years ago was how many oysters are actually consumed how many shells we produce so um so this is a great program I was really happy you brought it to me so thank you y you are welcome and we really appreciate and thank you for your help bringing the project to this point I want to mention to the commission that there there have been oyster programs and different uh issues where they've done the hanging oysters from docks and I know when my kids were younger they participated in it and unfortunately one of the Summers that they spent a lot of money to put the oysters out we had the Deluge of discharges from the lake and all of the oysters were killed from the uh bad water that came through and it was too much fresh water for them and they all died so the good news is that with loom coming forward the way it is right now and the lake being able to retain more water than it has in the past we could actually see a program where the oysters survive and filter the water and actually provide uh fishing opportunities as well because I know in the past when we did it wherever those oyster beds were thriving the fishing was phenomenal so just to that point there's one big advantage to the vertical oyster Gardens specifically as opposed to a bed restoration project when you get those deluges of water from the lake that kills everything the Oyster Bed break apart and they fall apart and there's a specific length height in the water column that oysters Thrive best at the interner Tidal Zone well with the hanging oyster Garden if a deluge comes through even if it kills the oysters the Hanging Garden will remain and the habitat will be there to regenerate more oysters on great Madam I'll move for approval second can I ask question Madam mayor commissioner Clark yes so Mr bagot and Mr uh legged um what is the liability to hang these things I on the on the the boardwalk woodw that's there now I've known about the bags being put out into the shallow areas and um but having them have somebody actually go around and Hammer or do something in order to hang these bags on the city own own Boardwalk area I just wanted to see what how that happens and what's the potential liability I I can't say that there's going to be no exposure to liability something I you know there's could be variations on the nails U um there could be um way it's hung or yeah but just work coming out for the weekend and getting I think we have more liability in having a meeting it's going be okay all right the city will still enjoy its sovereign immunity obviously liability is limited um are you going to have the assistance of our River kids uh we would love to have them there yes yeah because I know they at the Rivers Coalition meeting they seem to be excited about that Prospect so I'm sure you know how to reach out to them yes yes Ben is going to be helping me connect with other one great do you have some sense I'm sure with your position and how efficient and effective these oyster vertical oysters are like how much water can be filtered in what period of time some sort of metric so I'm not familiar with those numbers I am a volunteer for the CCA I'm a financial adviser by trade U I know they filter a lot I do not know exactly how much a lot is Ben this like 50 gallons of I'm not a biologist either um I just remember uh reading that it was about 50 gall I think um in a given day any one oyster and these oyster Gardens have I don't know how many oysters at the end of the day but a substantial amount it'll get several inches thick around and what what are they what specifically do they filter out of the water in terms of pollution um again I think I think a a microbiologist probably be better to answer that because it's a lot um obviously it's not just about filtering out uh nutrients like phosphorus and nitrogen it's also the stuff that proliferates as a result of those so if it's filtering all of that the hope is that it would limit at least locally in the area it could potentially just have a cleaning effect um I don't know if we've ever done a project of this scale before because again it's it's something that they have to get out there and kind of see where you can put along the Riverwalk it's they're supposed to be spaced about what 10 ft apart 10t closest our proposal is specifically equidistant between each piling okay so at a Max just based on the linear footage of the the dock system and the Riverwalk we're talking between the pier and the and the fishing maybe 3,000 linear feet um and at 10 ft spacing so that's probably a maximum of about 300 of these that they can put out there even if it's 200 again I don't know of any projects that have had that kind of scale with oyster Gardens in the area um and so are we looking at this as sort of a first step to potentially do more of because that that would be my thought I I I think we should you know my personal belief is yeah anything that we can do along uh you know whether it's buffered Shoreline projects U I've talked to some Engineers locally and and there's a difference in in the types of buffered Shoreline projects ones that functionally do wave attenuation versus others that just look really nice so there's a lot of stuff that you know from a vulnerability kind of resiliency standpoint with you know just just all of the um you know the the factors that we have of all human pollution kind of going into the water how can we mitigate our runoff how can we mitigate what we're what we're kind of the oil slicks that are going in and then at the same time also have an effect of just Shoring up our our actual Shoreline so it's not eroded you know periodically so all of those factors come together and also from a an asset standpoint it seems like the more of these that you have you have a better case for why you shouldn't be polluting our water the more of these Gardens that are throughout the St lcy yeah I mean be one more consideration for why you shouldn't be discharging and killing them I I agree and the dream is really to have a natural Shoreline um you know and you see a lot of places now are seeing that something especially with Hurrican season coming around that mangroves planting mangroves uh thick Mangrove vegetation I know it's unsightly as far as being able to have a clear view of the river but it it does help um and it helped on the west coast in certain areas that had them uh did not see anywhere close to the surge that like Fort Meyer saw so there's this is just kind of there's a lot of issues U that all the uh environmentalists are kind of talking about how to how to make a project like this work um but as far as oyster Gardens this is the the largest project I've seen um that we've done I know Mike mentioned ones from years past but those were using private docks this is the entire linear uh footage of our of our Riverwalk so it's not a small area last question is we're not paying for this right Mike um we paid for the dock and we've got staff here now and so are we paying cash to them no but is it going to cost time and money to some extent yes but the city has been right contri has been uh dedicated to the health of the river for a long time cost of it is not anywhere close to affecting the volunteer that's what I was trying to fish out right what I think is also important too and every anybody I'm sure um the CCA would love to have volunteers to to help what I would say is the one committal thing that that we have that should probably be stated is once the oysters grow the spat grows on these oyster Gardens getting to this point Didn't require any permitting but if for whatever reason we had to remove them from the water that would be a permit process it's not a you know it's it's not the the worst thing in the world it's just just remember it's it's it's a lot easier to put these in than it is to take them out because of um just environmental permitting can they be relocated once they're in yeah relocating would be an easier permit um I think most of the permitting is concerned with with um consumption and these cannot be consumed just because of the nature of the river so okay thank you for all the volunteers that are going to be doing this by the way and that with that thank you for your consideration than you all right we have a we have a um motion approval of commissioner McDonald a second by commissioner Rich we have any public comment regarding the ooster beds the ooster gardens I see none roll call Mayor Bruner yes commissioner Clark yes commissioner McDonald yes vice mayor Rich yes commissioner Collins yes okay right Clarity Point PUD Lee will you read the rest of that for me sure uh and and just briefly as I mentioned the last meeting we we're having two hearings tonight the first is a quasi legislative hearing on the um uh comprehensive plan future land use map Amendment and then the second one will be a quasi judicial hearing uh involving the zoning of the same property all right so the title on this one is Clarity Point PUD PUD stands for plan unit development and it's a small scale comprehensive plan future land use map Amendment located at 500 Southeast Indian Street ordinance number 2529 d224 ordinance of the city Commission of the city of Stewart Florida amending the comprehensive plan future land use map for an approximately 9.46 acre parcel of land from multif family residential to commerci commercial future land use designation amending the future land use m providing directions to the city clerk providing for repeal of all ordinances in Conflict providing for severability providing for codification and providing for an effective date and for other purposes thank you Jody your presentation please you a good evening Madame mayor Bruner and members of the board my name is Jody cougler the development director with the city of Stuart and tonight I present agenda item number four a small scale future land use map Amendment for our site Pacific property located at 500 Southeast Indian Street the applicant submitted a petition to amend the existing 9.46 Acre Site from a multif family residential and and designation to a commercial land use designation a small scale comprehensive plan may be adopted for properties for less than 5 50,000 50 acres or fewer by the city Commission by public notice of requirements outlined in section 11.2.2 and May 4th 2024 the applicant mail notices to surrounding Property Owners located within 300 ft of the subject parcel and assign was posted on the subject property displaying the meeting dates and description of the proposed petitions additionally a public newspaper ad was displayed in a local newspaper on May 7 2024 the 9.46 acre subject parcel outlined in yellow is located at 500 Southeast Indian Street situated on the south side of Southeast Indian Street approximately 580 ft east of the intersection of Southeast caner Highway and Southeast Indian Street the history of the site in 198 1997 this property was annexed into the City and was assigned a commercial land use in 2004 an ordinance was approved by this by the city commission at that time amending the future land use to a multi family residential in 2005 the the uh Council approved a residential plan unit development to construct 66 multif family development and this development was never constructed in 2017 the ordinance was repealed and established Clarity point rped to develop an 8 84 unit Assistant Living facility with memory care for the 9.46 Acres amended the future land use from multif family to commercial for the remaining 1.92 acres in 2017 the ordinance was approved to abandon the 40 foot rway within the clarity PUD and in 2018 a resolution was approved for the plat for the clarity PUD the adjacent property is in zoning is uh to the north is the crossing the multif family residential within the city of Stewart to the South is located in the Martin County and it's undeveloped to the east is a commercial planing of development known as pometto Edge shopping center within the city and to the West is a 5 acre drainage tra as part of a plan development policy a7.1 multifam is the existing use land use one or two or more dwelling units per building includes single family detached dlex Town Homes garden homes foster homes adult congregant living facilities of four or fewer unrelated residents on a zero lot line residence also allows for public facilities churches daycare centers schools and distribution substations are allowed within the existing future land use today the proposed future land use is located within the city of Stewart's comprehensive plan policy a7.1 paren M which is commercial land uses are activities predominantly connected with the sale rental and distribution of products or performance of professional and nonprofessional services includes retail sales service establishments businesses professional and other offices shopping centers financial institutions restaurants entertainment hotels Motel and other temporary lodging an amount of multif family residential and indoor industrial uses are allowed mixed use projects are allowed as well also public facilities and electric distribution substations are allowed to evaluate a f a small scale future land use Amendment these are the three criterias that include coming from the state statute the ability of facilities and services at the time that this was an was changed from uh residential I'm sorry from commercial to residential this was established along with the suitability of the plan Amendment for the proposed use considering the character of the undeveloped lands so soils natural resources and historical sit resources on site and the minimum of land needed to achieve the goals and requirements of this section in evaluating a small scale comprehensive plan Amendment we staff has determined the maximum build out per the existing in future land use and the proposed if the existing land use in the existing land use in maximum if you were to develop the site with with residential you allow you could develop up to 284 units for the 9 9 9.46 Acres you also can develop the property with 30% of non-residential which is 37,8 169 Square ft if the property was changed to a proposed commercial future land use uh you can have 15 dwelling units or you can develop it to a maximum of 68,69 with Mrs Peterson voting nay this petition conforms to the criteria outlined in section 11.1.0 7 of the city of Stewart Land Development code boarded statutes and is consistent with the city of Stewart comprehensive plans plans goals objectives and policy staff recommends the city commission Grant approval for the smallscale future land use Amendment from the multif family to the commercial future land use for the I apologize for the 1 point for the 9.4 six property located at 500 Southeast Indian Street staff is here to for any questions this concludes our presentation and I do believe the applicant has a presentation okay thank you um this is a quas legislative uh hearing procedure um let's see here uh any of the Commissioners um please come please come forward I think we have to swear them in yeah we we don't need to swear them in during this process that'll be during the Quasi judicial okay okay then give your presentation thank you sir good evening for the record my name is Brad Curry tonight I'm representing the applicant requesting a small scale future land use amendment to a 9.46 acre property located near the intersection of Indian Street and caner Highway I do have a very brief PowerPoint that I would like to go through um the property is 9.46 Acres but it's really made up of two separate properties one is the existing assisted living facility which is about 4.67 acres and then the r remaining is 4.79 acres is the is the lake um retention area and The Preserve area and the access future land use amendments are something that as planners we do a lot of um the future luse is set as part of the comprehensive plan but things do change that do require land use amendments it was interesting you know this property started its life in in Martin County started its life as commercial um got annexed in to the city adopted a commercial land use designation when it came into the city changed the entire as it was in the city of Stewart changed everything over to residential and then a little bit later the small out parcel got changed back to commercial so when we talk about land use plan amendments they do happen all the time and in this case on this single property it's happened three separate times over the history of the property we are familiar with the location staff did an excellent job presenting it um it's a it's a fairly secluded property meaning that typically when we when we look at properties like this there could be developments directly adjacent to them in this case we have the Martin County stormwater area for the caner highway and Indian Street improvements directly to the west of us we have um the multifilm to the north across Indian Street we have commercial uses to the east of us and to the south of us is the preserv for I believe the willby um community so it's a pretty secluded uh site overall there's no uses directly adjacent to it um a zoom in of the property again I talked about the two separate properties you can see it a little bit better here the assisted living facility is the 4.67 acres and then the other uh property the preservation lake is undeveloped as 4.79 when we talk about development potential that 4.79 is it has a a conservation e on it because it is preserve area and there also is a lake that that drains the commercial portion so that property is undevelopable even if it even if we we change the land use just to keep it consistent but it could very well have stayed the exact same land use there's no development potential on that property next slide I like this slide um you know we we we stated that this started out as commercial you can kind of see the commercial at the intersection typically in planning we don't like commercial to spread throughout we call it strip commercial that goes all the way from one intersection all the way to another intersection we like to have our intensities and densities at the intersections and there's typically a western extent in this case of where commercial is established so as you can see the property the the the land use map the future land use map shows commercial directly at the intersection of caner and Indian Street and then as you go further to the east it actually goes back to multif family and then it goes to commercial again this is a rarity we don't normally see this in planning we typically see commercial at the intersection there's typically an extent of the commercial at the intersection and then it goes to other types of use so the fact that you have this isolated commercial section to the to the east of the property is a little bit different than what we normally see so the request to change the subject property to commercial as you see on the screen is completely acceptable in planning Theory and in and in this sort of circumstances next slide Jody um went through the the state requirements but I also wanted to talk about the city of Stewart requirements the city of Stewart requirements um in section 11107 specify the small scale comprehensive plan Amendment application process and there are several criteria um on 11017 G1 that states what city of Stewart must review in order to in order to approve or review the uh small scale comprehensive plan Amendment the first is that the existing land use pattern we kind of went over that already we talked about the fact that right now there is an isolation of a commercial parcel and this request before you will be will allow for the parcel that's now isolated to become part of the overall commercial so we believe that the existing Lane use pattern that we are actually making that better by get asking this this change the next is the possible creation of isolated land use classification unrelated to adjacent nearby classifications I just established that this request will actually correct what I believe was done incorrectly in the past the next is the population density pattern of the area and possible increase or over taxing of the load on the public facilities such as schools utilities and streets so when we review these you saw that jod put up the maximum development potential so we did see that the maximum development potential was about 15 dwelling units and about 600,000 feet of commercial the reality is you can never build that on here but we have to show that as a maximum there are water there's water and sewer that Services the property there is capacity for fire rescue and in this case we're requesting to go to commercial so there really would not be an increase on schools which are the typically things that we look at when we look at um concurrency and demand on on public services um the next is a possible overloading of su City sewage collection treatment and Disposal facilities we've Al we've Al always already talked about that that there is existing capacity to to service this property for water and sewer the possible overloading of City's drainage system this is an existing site the drainage patterns are already set uh we have a South Florida per or the South property has a South Florida permit that we are not allowed to ex to exceed so that is already set the existing classification boundary in relation to existing conditions on the subject property again we think that the existing classification is is is not correct that the um isolated commercial to the north to the northeast of the property is causing that problems um and then the existing change or changing conditions that make the passage of the proposed amendment necessary or appropriate again we believe that the change of use for this property is appropriate um we are not proposing to build any additional building on this property simply change the use of the existing building and then the the impact of the proposed amendment upon living conditions in the adjacent neighborhood I established as well when we went through the properties around there's really not an adjacent neighborhood I believe the closest one is Crescent um willough be Crescent which is about um 950 ft away from the subject property um the impact of the amendment on the flow of light and air to adjacent areas again we it's a single story facility right now um that if it were going to be multif family under the if we were going to redevelop it as multif family we probably it would be multiple stories commercial development is usually single stor so we believe that the request is consistent with that aspect the impact of the proposed amendment upon property values in the adjacent area we believe that having a change of land use from residential commercial will will not have a negative impact on the surrounding property especially when you take into account that it's significantly buffered for any any adjacent residential um the impact of the proposed Improvement of the development on adjacent property in accordance with existing regulations we don't believe that to change in commercial Lane use will have any impact on adjacent properties and then the existence of other adequate sites in the city for the proposed use classifications already permitted such use so that would be a tough one I mean there is other commercial property that could be uh purchased for this use um we think that in this case that that the specifics of this property the fact that it's set up the way it is the way the building is laid out that it's perfect for our use but from a commercial standpoint we still go back to the the fact that the pattern of land use consistency with having the the isolated commercial parcel to our Northeast makes this a fair and expected request so in summary we believe the request is consistent I'm sorry we don't believe the request is consistent with the city of Stewart comprehensive plan and Land Development code AS demonstrated in the presentation that you just had plus staff's presentation we have staff support for the request and we also have an LPA recommendation of approval for this project we heard concerns at the last meeting about the lack of multif family future Landing in the city of Stewart and I've spent a lot of time thinking about that and I think that city of Stewart is a little bit different than most cities and that when they property in if it is vacant typically it gets annexed in with a land use and Zoning that gets that gets um assigned to it at the time of annexation and for the most part historically that lane that zoning designation has been some sort of residential or commercial PD which locks in the type of development that's there so I think it's okay it's typically it's expected that you would not have vacant multif family here because if it got annexed in and it got a multif family land use it's going to get a multif family zoning and it should get developed or it should be approved for development there's very few instances of just vacant multif family land in the city of Stewart and that's just because of the way it's been developed just before we got here tonight I typed in um on apartments.com I typed in you know Stewart Florida for apartments and I found that there were 886 rental units on the market today in the city oh not necessarily in the city of Stewart but what apartments.com set is Stuart Florida so there is I believe a considerable amount of of multif Family Apartments on the market today that concludes my presentation I'd be happy to answer any questions that you have um Jason anner would like to get up and just say a few words and if at the end of the public comment if there I'd like to have the ability to come up and rebut or or or address any of the comments that were made by public thank you do any of the Commissioners have any questions for the petitioner okay Jason come forward thank you sir good evening mayor vice mayor Commissioners City attorney city manager um Brad did an excellent job explaining the land use I mean just a couple things I wanted to point out when the property was annexed into the city it was annexed as commercial so at the time that was part of the comprehensive plan it made sense we're not asking for anything strange unique here we're just asking for it to go back to what it was um in the staff presentation you see that that property was approved for 66 unit development and then it sat vacant for 12 or 16 years I forget the math I don't have it in front of me but it was at least 12 years that it just sat vacant nobody developed it there um I don't know of any places really where you have a commercial retail strip center using a residential piece of land for drainage and retention and you have that here which is odd and the only reason that drainage area retention is residential was because of the approval for the Assisted Living Memory Care Facility um and also I just wanted to point out in staff's presentation the calculation for the density of the residential homes that could be built that was based on the whole 9 acres and change where you got the preserve the retention the lake so it's really half those amount of residential multif family units that could be built I think it was 280 so you're looking at 140 it wouldn't it wouldn't be 280 um and you know the only other thing I just don't understand if if anybody would like to elaborate obviously you don't have to if you don't want to it's your prerogative the land use was never an issue at the LPA the land use was never an issue at staff meetings the land use was never an issue um when I initially met with with pretty much each one of you guys as Commissioners it was never brought up and I'm just curious when the when and why the land use became such a big issue when we're just trying to turn it back to something that the city determined was appropriate to begin with anybody want to I no questions no okay you guys have any questions for me or no all right thank you sir thank you can we take um I vote on this and then speak to the have the uh public come forward you can't vote before the public okay Miss petite Barbara is it remind hi oh yes I I do need this is for the land use change only and that's what we'll talk about now and then when U the number five then we'll talk about that when it comes so this is just speaking for changing the land use number five I think I want number five okay okay thank you I want to remind everyone of that if they want to wait or speak now or no comments that are specifically about the nature of the project but just the land use yeah commercial versus multi family land use okay for number four would you feel out of green slip speak on four and your name come for Mr name I'll find it thank you sir hello I'm James neyer 1273 Southeast Brewster Place Stewart and I want to make my comments against the change of future land use I think Brad actually made my argument for me in a lot of ways um because in there on his map that he didn't mention right near this facility is Willoughby Trace tucked right behind those commercial properties right on the corner of Willoughby and Indian so there is commercial property already mixed in there and the items that he highlighted saying it's off the road it's got um empty land to the was that the west of it empty land to the right of it makes it a very appealing spot to put residential um property also it's walkable to shops restaurants it's a place I would probably want to live if the if it was built and there is a well documented shortage of family housing here in the city of Stewart and so I think you're missing an opportunity here letting this go back to commercial property and just because everything around it is commercial doesn't mean it has to be commercial I lived in an area that was well thought out and welldeveloped and a walkable community that had a mixed use of commercial and residential so just because one already exists doesn't mean that's what everything should should be and I think that's actually some of the problem out there that you see it's boom all commercial and and very mixed up so I think you're missing an opportunity here letting this go from multi family to Commercial and I'd hate to see you sacrifice it thank you thank you sir [Applause] Mr Reed I see you back there three minutes all right Sean Reed um so at the LPA meeting I did point out the Land Development code I did hand uh Mr mortell a copy as well and the biggest issue is when you look at Martin County versus the city of Stewart this project would never fly in Martin County the applicant wouldn't even apply for this future land use change I would specifically look at sections 3.86 B and also 3.86 D it says 3.86 b such facility shall at no time exceed 75 persons receiving impatient treatment they're asking for 140 it also mentions in section 3.86 D such facility shall not be located within 1 half mile of another such facility which this one would be so if we looked at Martin County's Land Development code versus the city there's no limitation so thank you I would just I would just I want I would just comment to the board that you're required by law to follow the city of Stewart's code and regulations and so if other municipalities or counties codes and regulations are referenced they can't have any bearing on your decision yes yes sir your name Walter Lloyd I I'll turn this in thank you Mr Lloyd nice to see you this evening so so just uh after hearing that comment there are people involved whether it's called city or county and we live there and our quality of life depends on it when I see this sort of change being done you say you can't mix it with the next agenda item but it's being done for that reason so I also agree that the residential is a much better use when you have all of us residents in that area then we would in go joining with the Costco and all the other commercial you've thrown in there add that in so I'm asking you to disapprove it because I know what's coming thank you sir thank you we're speaking on four yes ma'am do I have your slip for number five but um I would only on four oh you can speak on four if you like you have to fill out a green slip okay well I didn't know it was going okay anyway I agree exactly with the residents my name is Diane Asar I'm a realtor here for 28 years right now I'm licensed 44 years I've sold 649 properties in both this County and St Lucy County I'm very much involved with elderly people my clientele is usually in their 80s and older and when I came here this was 28 years ago I was younger too but I can tell you that the facility when it was a memory facility this was a very desirable thing we have shortages of that we have waiting lists I have my clients trying to get in and I know there's waiting list for this more important than what the next proposal is going to be on number five I would hope that somebody is going to continue a me either a memory or assisted living as it is proposed for that's what you approved before in 2017 and I would hope it would continue what we need here I'm resident I live right in Willoughby Glenn and we love the area we walk the area all the time so I hope um and I can I love listening to what you all had to say so thank you and I'll speak on the next one I see no other no more comment now we thank you Mr Mr a you have three minutes I'll keep it way under um the previous comment or miss asku that got up she wrote me a personal email saying that she wanted to know more about our services for friends and family and that she was genuinely interested and asked me about 30 questions as if I have the time to give a tour to someone that for a project that's not even close to approval and probably won't get approved at this point um as far as a shortage of memory care and Alf that's completely false I've met with five of them that have went out of business in the last nine months alone um there's not a shortage of them there's an abundance of them that's why this one's out of business thank you thank you sir he more comments comments from the Commissioners Mark bre Bill 208 Southeast doola Street Stuart Florida um my my only comment relative to the this in terms of land uses that um that at this point this is the busiest intersection in all of Stewart we made it we made it worse I I'm talking about future use we're we made it worse with Costco but we made it worse we're putting other facilities in there there's tons of traffic I'm not sure I mean we've got eight Lanes at this intersection I'm not sure that intersection could handle uh any more traffic than what it's already got so when you're looking at land use here I think now based on where we're at um I think you have to look at at what kind of ultimate U um traffic flow is going to be coming into this facility so I would I would just suggest that you take that into consideration and look at that and certainly a low density residential is probably going to have less impact than a than a high density commercial and I'm not sure that site can hold that much commercial anymore uh based on what's already at that location anyway that's fine will you fill out the slip for me okay all right I see no other I put four in U my name just give me your name my name is Jack Naf plotus I live at 842 Southeast Westminster Place you have to stay you do have to stay at the he just showing you where he live yes yeah that's about 7 from this facility and it wasn't mentioned in the original presentation you know it's a it's a big concern of ours that this facility um stays as it is right now because we are very we we don't want to be nervous every single day thinking about what that facility has and I've seen this I seen the structure Integrity of that building and and we're very concerned about it and uh most of my neighbors are right here that all live there at willby Glenn and uh we're asking please keep it as it is thank you did you fill out a green slip yes I have four and five online thank you I didn't fill out a green slip but I will four yes sir the land change from residential to commercial yes my name is Jim Lad and I live in Willoughby Crescent one of the questions I have for the board in considering this land use change if you go ahead and turn this back to commercial then the facility and then you don't approve the um the the request then you've got a piece of property then that you somebody will probably go back to and put a uh assisted living facility in and you have to go back to another land use change in order to accommodate that so I I think there has to be some thought given to that before uh you know and that pertains to four and five but I I think you might um be wise to give it some thought thank you thank you sir just fill that out for me just when I say there isn't there yes sir have you filled out a green slip yes I did and your name Michael Gerard M Mr Gerard please come speak didn't I got the wrong one good evening so I live in will Glenn which is adjacent to the proposed building in use and like my neighbor Jack mentioned we're a community of a 100 homes and contrary to what the gentleman indicated we are not this facility will not be secluded from our property is directly adjacent to our property and there is direct access to our property we currently have been experiencing problems in our property with vagrants homelessness Etc I think uh Sheriff Snider said it all when he indicated what the results of this being approved might be for our community and directly for our community and for our neighborhood and contrary to one of the witnesses for the uh developer mentioned I could tell you from personal experience that addiction is not hereditary it is self-inflicted and most of these people unfortunately I'm talking from personal experience end up back where they started and as Sheriff Snider indicated land change excuse me just on the the switching from residential to commercial okay well I still have 3 two minutes or a minute okay sir so I think the results going to be when these people walk out or quit they're going to be in our neighborhood committing many problems for us so I strongly advise or suggest that the board do not approve this change thank you thank you sir [Applause] any more I see none we have a I guess I can move forward motion for approval Madam mayor the applicants representative asked to address that's right correct I apologize three minutes sir I'm completely okay Again Brad Curry for the record I um I think most of the discussion that was into the details was about the specific use and so I don't really want to comment on that at this time I I think that I felt like for the record I set that you know this piece going into commercial it was previously commercial um there were some discussions about it changing back to residential again that's the nature of this business um while we don't like to go back and you know back and forth from commercial and residential multiple times on the same property it's already happened on this property so if it were to get changed to Commercial and something were to happen where the Pud didn't get approved and someone wanted to go back to a residential it would happen that sort of stuff happens all the time and this property is a prime example of it I think the landage has changed at least three times on this property so it's not out of the ordinary so I just wanted to put that for the record but I'd be happy answering any other questions you guys have thank you thank you sir okay can I get a motion for approval I see none we move forward that'll be the end we need well you don't need any clarification for me are there any motions on the board yeah on this agenda item can can I ask you Mike and or Lee sort of the difference between the implications of a it doesn't seem like there's a motion for approval Brewing but sort of having it die on the dis effectively versus a motion to deny from a procedural standpoint um in essence it would just die if there's no motion for approval there could be obviously a motion for denial but if you a difference in the between the two well from the from the perspective of the agenda item itself until such time as there's three affirmative bootes by the commission the staff has a file number that is open and still an active agenda item so effectively if there was no motion tonight and it died for lack of a motion the applicant could come back into the City and ask staff to place it on another future agenda and it would still be an open Agenda item versus if we if we motion to deny motion to deny depending on if it was if it didn't Garner three votes and it failed it would have the same outcome because it of the the reason that we don't normally um prefer motions in the negative such as a motion to deny right is if you had a motion to deny and it only got one vote would that mean that it passed and it doesn't it just means that the motion to deny failed but if it were to get three if there was a motion to approve and it got three no votes it would be over and the the agenda item would be concluded if there was a motion to deny and it got three yes votes then what that two would conclude the agenda item so I want I think the applicant deserves to hear the opinion of the of the commission so for the sake of clarity I'm going to move for approval of this item so that we can vote on it and under Robert rules that's generally the procedure and you need a second all right commissioner um Rich made a motion for approval I get a sec I see none that's the end I would like to motion to deny don't really well you can do it but you'd be looking for a second now it's very unusual but then if there's three affirmative votes for a motion to deny it's it's there is resolution and it's done versus having it be open and it could come back everybody's here tonight they've taken the time to be here multiple meetings I'd like this to be finished if or not and if then we want to move approval under that same thing if it had gotten a second on the motion from commissioner rich and that and the motion didn't get support that would have concluded as as long so to have any resolution tonight we would have to approve a motion yes sir I I'll second it uh so we can have the vote and determine where we're at okay so motion to then you favor in vote in favor of denying it negative motions are odd not the first time we've done it before true Madam mayor you need to repeat the motion and it was seconded and then I know it need I know we have a we need to have discussion yeah we need discussion because a new motion would you like discussion we have a motion to deny and a second you made the motion to deny and a second he second yes correct any comments from the Commissioners just to explain my think thinking the applicant has failed provide a sent a sufficient basis for me to amend our comprehensive plan by changing the future land use okay we have a motion we have a second um any comments from the can I can I talk about that yes commissioner um so Mr bagot I know that this is not US Constitution in terms of compelling um reasons to or if even if for complain mentions a compelling reason but I just know that um uh as a plan of myself and um just being on this commission and looking at things uh and looking at the land use issue I you know from looking at I I did some research with with with staff and uh looked at and I think Mr Rich had brought this up at the last meeting uh we're strictly talking about land use or commercial we're talking about that Indian Street Corridor we're talking about specifically from Willoughby to um ker Highway and probably Parts Beyond because we're into that um whole quadrant there of what's going on in in that busy intersection of people coming in all directions in that area but specifically multif family and I hear um I hear the applicant saying that it was uh um commercial then it went to multifam in 2017 I was I was probably here and then um a portion of it was taken out for commercial to meet some needs when that when that happened but I just for the city of Stewart and for what we have have um for our land use designations and why we have our land use designations and why we make changes sometimes when things align whether it's a a a a companion PUD change or even just a regular um zoning change um or even the institution of a land use uh designation multifam is a scar commodity in the city of Stewart um the people in Willoughby Glenn and I noticed that willin was not listed maybe because it was at the south side of the um the conservation area but Willoughby itself and other areas Indian Run at the Crossing was was listed but the people in that area have been living in both multif family and single family as with willough be and some of the other developments that are in there and I remember when that whole project went in and I just think that for the city it's an opportunity to latch on and to maintain um that multifam use and to um you know do whatever comes with it uh I I this this whole business idea of whether or not it's a detox or it's a Memory Care and all these other things that doesn't have any anything to do specifically with the um with the with the land use and I know that um the applicant talked about the the adjacent properties and so on but I think looking from our city as a as a whole and what we're looking at to try to maintain and keep and to at least have some uh appreciable amount of uh multifam Main maintained and possibly something else may come in there um that could use that particular land use and that that is my that is my thinking I've seen the staff report it is a tough thing I've talked to the applicant um but I'm looking from the city's overall comprehensive plan and overall land use designations and the fact that we have this little gem of multifam in this area and I'm uh I'm really I I had good long conversations with the applicant about the the land use uh in this area and I I I understand their perspective and I appreciate staff looking at it but that that's that's what I see is just maintaining the um that that piece of multif family I think it fits in with our sense of place and our part of what happens on that street and um everything doesn't have to be the same uh and so that's why um that's my thinking on the land use I'm done no more comments no I have none no any comments from the public I have I'm confused we can't approving this or not we're gonna we're going to vote on the you're not really going to be answering questions from the audience you guys are deliberating and you should have it on a microphone and public comment if you're going to be talking to the audience Mr Bag you state the motion again they're GNA they're going to State the motion again it's the motion was a motion to deny the application to change the future land use from um urr multif family to commercial so when I vote we'll deny this the land future land if you vote Yes it's the deny deny to be clear they've already unless they've already spoken Mary you know I do you should call roll call the well I want to make sure that I some people have written four and five I want to make sure legally I have done this correctly so should I any Le go on a roll call no well be I mean the mayor was saying that if if the public still needed to say something even though we're out of I don't want to get anyone any more confused than they already are and so um we'll leave this with five so we're going to take a roll call on four number four is what we're roll call okay commissioner McDonald yes commissioner Collins yes commissioner Clark yes mayor Bruner yes vice mayor RIT yes motion was to [Applause] deny this meeting is adjourned no no we have have yeah we still have to go through item five okay Madam mayor we do I didn't think we did but we do well um mxp is allowed on commercial or on uh family land use so the relief still needs to be requested if they want to okay so we have we have to go through number five the city of Stewart is not the applicant there's an applicant on question on agenda item number five and they have the right to go forward if they want to understand okay okay it five Clarity Point PUD reone from the city of Stewart official zoning Atlas from residential plan development R PUD to the mixed use plan unit development you would you like to speak yes ma'am sorry about that um the request before Again Brad Curry for the record the request before you would be to change this property to a zoning District that's actually not allowed in the residential multif family residential so the zoning request is at is mood at this point doesn't make sense to move forward with it um so we would we would respectfully request to withdraw the zoning application at this time okay okay that's it thank you this meeting is now adour adjourned at 658 thank you guys all for coming and spending your evening um