[CALL TO ORDER] [00:00:11] COMMUNITY REDEVELOPMENT BOARD MEETING. WE CALL THE ROLL CHAIR MCCRYSTAL HERE. VICE CHAIR MOSER. VICE CHAIR. MOSER. SORRY. PRESENT. BOARD MEMBER. HERE. BOARD MEMBER. JAMES. HERE. BOARD MEMBER. LAUGHLIN. BOARD MEMBER AND BOARD MEMBER. WHALEN HERE. OKAY. LET THE RECORD REFLECT THAT BOARD MEMBER JAMES ARRIVED AS WELL. PLEASE STAND FOR THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. OKAY. THOSE WHO ARE WITH US, FOR THE LEONARD LEWIS ITEM, IS EVERYONE HERE. WOULD YOU MIND IF WE WENT EARLY, LIKE RIGHT NOW? FIRST ITEM OR WOULD YOU RATHER WAIT TILL THE THIRD ITEM? OKAY, WE'LL WE'LL OKAY. THEN WE'LL STAY RIGHT ON ON THE REGULAR SCHEDULE. OKAY. I NEED A MOTION [APPROVAL OF AGENDA] TO APPROVE THE AGENDA. MOTION TO APPROVE. SECOND. ALL RIGHT. ANY PUBLIC COMMENT ON THE MOTION TO APPROVE THE AGENDA? ALL IN FAVOR? AYE. I NEED A MOTION TO TO APPROVE THE [APPROVAL OF MINUTES] MINUTES FROM LAST MEETING. SO MOVED. I'LL SECOND. ALL THOSE WHO APPROVE. SAY AYE. OR DO WE HAVE TO? I DON'T KNOW. ALRIGHT. COMMENTS FROM THE PUBLIC. ARE THERE ANY COMMENTS ON NON-AGENDA ITEMS TODAY FROM THE PUBLIC CHAIR I HAVE NONE OKAY. THANK YOU. ALRIGHT. ACTION ITEM NUMBER ONE. WE APPROVE THE CRB MINUTES ALREADY. ACTION ITEM NUMBER TWO IS A PRESENTATION OF [2. PRESENTATION OF THE COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT 2025] THE COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT 2025. THANK YOU. PANEL. THANK YOU. PANEL. GANDY CRA DIRECTOR. FOR THE RECORD, I ACTUALLY PRESENTED THIS ANNUAL REPORT TO THE BOARD BACK IN JANUARY BECAUSE WE HAD SOME NEW BOARD MEMBERS. I THOUGHT IT WAS A BETTER OPPORTUNITY TO PRESENT THE PROJECTS AND PROGRAMS THAT ARE BEING IMPLEMENTED IN THE CRA. TYPICALLY, I PRESENT THE CRA ANNUAL REPORT IN MARCH BECAUSE WE HAVE TO ADVERTISE IN THE NEWSPAPER AND MAKE IT AVAILABLE FOR PUBLIC FOR REVIEW, FOR TRANSPARENCY PURPOSES. SO WE DID ADVERTISE IN THE NEWSPAPER, AND THE CRA ANNUAL REPORT WAS AVAILABLE TO PUBLIC FOR REVIEW. SO TODAY I'M JUST LOOKING FOR FORMAL APPROVAL OF THE REPORT, AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE REGARDING THE REPORT OR ANY ONGOING PROGRAMS OR PROJECTS. SO ONCE THIS IS APPROVED BY THE BOARD, I'LL TAKE IT TO THE CRA BOARD. ONCE I GET THAT THAT FINAL APPROVAL, WE'LL UPLOAD THE THE THE ANNUAL REPORT ON THE CRA WEBSITE AND ALSO MAIL THE REPORT TO ALL THE TAXING AUTHORITIES FOR TRANSPARENCY. AND THIS IS TYPICALLY A REQUIREMENT OF BY FLORIDA STATUTE. OKAY. THAT'S THE END OF MY PRESENTATION. ALL RIGHT. MOVING RIGHT ALONG. SO CAN I PLEASE GET AN APPROVAL OF THE OF THE ITEM? I JUST HAVE ONE QUESTION. SURE. CLARIFY FOR ME THE UNAUDITED SUMMARY FOR THE. YEAH. YEAH. SO IT'S IT'S IT JUST DOESN'T ALIGN WITH OUR AUDITING REPORT BECAUSE THIS REPORT IS DUE BY MARCH. WE HAVE TO HAVE IT APPROVED AND SUBMITTED TO TAXING AUTHORITIES BY MARCH. BUT OUR AUDIT REPORT IS NOT DONE UNTIL MAY OR JUNE. SO I ALWAYS HAVE TO INCLUDE A UNAUDITED VERSION. AND THEN ONCE THE AUDITED VERSION IS APPROVED, I USUALLY REPLACE IT IN THE REPORT AND UPDATE IT ON THE WEBSITE. ALL RIGHT. THANK YOU FOR VERIFYING. OKAY. DO YOU HAVE A MOTION TO APPROVE PANEL'S PRESENTATION OF THE COMMUNITY REDEVELOPMENT? THE COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT 2025 BOARD MEMBER JAMES SO MOVED. I'LL SECOND. ALL THOSE IN FAVOR? AYE, AYE. [3. PRESENTATION ON COMMUNITY REDEVELOPMENT BOARD ROLES, FLORIDA STATUES CHAPTER 163.387, TIF EXPENDITURES, CAPITAL IMPROVEMENT PROJECTS] ALL RIGHT. ACTION ITEM NUMBER THREE, PRESENTATION ON COMMUNITY REDEVELOPMENT BOARD [00:05:02] RULE ROLES. FLORIDA STATUTES, CHAPTER 163.387 TIFF EXPENDITURES, CAPITAL IMPROVEMENT PROJECTS. THANK YOU AGAIN. THIS WAS ACTUALLY REQUESTED BY BOARD MEMBER FRANK MCCRYSTAL. SO STAFF IS GOING TO PRESENT WHAT ARE THE ROLES AND RESPONSIBILITIES OF THE CRB BOARD? I'M SORRY. GO AHEAD. TEN MINUTES. RIGHT. TEN MINUTES. AWESOME. OKAY. AND IT'S IN OUR CODE OF ORDINANCES. SO I WANTED TO PROVIDE THAT LANGUAGE TO YOU DIRECTLY FROM OUR CODE. WHATEVER THE THE FLORIDA STATUTE REQUIREMENTS FOR TIFF EXPENDITURES, PROJECTS THAT ARE CURRENTLY IN THE PIPELINE, ANY PROJECTS THAT ARE IN THE CIP THAT HAVE BEEN IDENTIFIED. BUT WE HAVEN'T INITIATED ANY DESIGN OR IMPLEMENTATION. THEY'RE JUST PROJECTED TO BE IMPLEMENTED WITHIN THE NEXT FIVE YEARS. SO JUST A GENERAL FLORIDA STATUTE REQUIREMENT, THE CRA IS CREATED UNDER UNDER CHAPTER 163, PART THREE OF THE FLORIDA STATUTE TO ADDRESS AREAS IDENTIFIED AS SLUM AND BLIGHT AND TO PROMOTE ECONOMIC REVITALIZATION. THE PRIMARY GOALS ARE TO STRENGTHEN, STRENGTHEN OUR ECONOMIC CONDITIONS, IMPROVE INFRASTRUCTURE, ENCOURAGE PRIVATE INVESTMENT, ENHANCE QUALITY OF LIFE AND SUPPORT REDEVELOPMENT. THE CREATION OF BOARDS, ALONG WITH THE ROLES AND RESPONSIBILITIES, IS OUTLINED IN THE CITY'S CODE OF ORDINANCES. IT'S THE CITY COMMISSION THAT WHO HAS AUTHORITY TO CREATE BOARDS AND COMMITTEES AS NEEDED. THESE BOARDS SERVE AS ADVISORY ROLE WITHOUT COMPENSATION AND CARRY OUT DUTIES ASSIGNED BY THE ORDINANCE OR RESOLUTION, AND IN THIS CASE, THE ROLES AND RESPONSIBILITIES ARE UNDER SECTION TWO, DASH 106 OF THE CITY OF STUART. CODE OF ORDINANCES. THE CRB SERVES AS ADVISORY BOARD TO THE CITY COMMISSION AND CITY ADMINISTRATION. IN ADDITION TO HIS ADVISORY ROLE, THE CRB ALSO CONDUCTS A QUASI JUDICIAL PROCEEDINGS AS OUTLINED IN THE LAND DEVELOPMENT CODE. THE CRB CONSISTS OF SEVEN BOARD MEMBERS. EACH COMMISSION APPOINTS ONE MEMBER, AND THE TWO MEMBERS ARE APPOINTED BY MAJORITY VOTE OF THE COMMISSION. THE CRA DIRECTOR AND THE CITY CLERK OR DESIGNEE SERVES AS SECRETARY WERE RESPONSIBLE FOR AGENDAS, RECORDS, MINUTES, AND MEETING NOTICES. THE CRB ELECTS A CHAIR AND VICE CHAIR ANNUALLY. THE CHAIR PROCEEDS OVER MEETINGS, AND VICE CHAIR SERVES IN THE CHAIR'S ABSENT OR IF THERE'S A VACANCY, THE CRB ROLES INCLUDE REVIEWING AND HOLDING HEARINGS ON MINOR URBAN CODE CONDITIONAL USE APPLICATIONS, APPROVING THOSE APPLICATIONS WITH CONDITIONS, OR DENYING THOSE APPLICATIONS AND REQUESTING ADDITIONAL INFORMATION. THE CRB ALSO REVIEWS DEVELOPMENT APPLICATIONS RELATED TO HISTORIC BUILDINGS AND MAKES RECOMMENDATIONS TO THE CITY COMMISSION. IN ADDITION, THE CRB ALSO MAKES AMENDMENTS OR PROPOSES AMENDMENTS TO THE URBAN CODE, WHICH IS IN THE LAND DEVELOPMENT CODE. THE CRB CAN INITIATE THOSE AMENDMENTS, OR IT CAN COME AS AN APPLICATION FROM FROM AN APPLICANT, AND THE BOARD CAN MAKE RECOMMENDATIONS TO THE CITY COMMISSION. THE. THE CRB ALSO REVIEWS PROPOSED AMENDMENTS TO THE COMMUNITY REDEVELOPMENT PLAN, WHICH IS A WHICH IS A GUIDE GUIDEBOOK THAT WE USE TO FOR OUR PROJECTS AND PROGRAMS FOR IMPLEMENTATION IN THE CRA REVIEWS AND RECOMMENDS PROGRAM PROJECTS, PLANS AND GRANT APPLICATIONS THAT HELPS IMPLEMENT THE PLAN. THAT'S THE PLAN WAS INCLUDED IN YOUR AGENDA ITEM. IT'S A VERY IMPORTANT DOCUMENT FOR THE CRA. IT'S OUR GUIDELINE FOR HOW WE IMPLEMENT ALL OF OUR PROGRAMS AND PROJECTS. THE BOARD IS ALSO RESPONSIBLE FOR REVIEWING AND HOLDING HEARINGS ON ZONING CHANGE APPLICATIONS WITHIN THE CRA, MAKING RECOMMENDATIONS TO THE CITY COMMISSION IN ACCORDANCE WITH THE LAND DEVELOPMENT CODE. THE BOARD REVIEWS MAJOR AMENDMENT APPLICATIONS TO PREVIOUSLY ADOPTED ORDINANCES WITHIN THE CRA, AND MAKES RECOMMENDATION TO THE CITY COMMISSION, REVIEWS AND DECIDES ON APPLICATIONS FOR PUBLIC ART, APPROVING, APPROVING THOSE WITH CONDITIONS, OR DENYING THEM AS OUTLINED IN THE LAND DEVELOPMENT CODE. THAT'S PUBLIC ART IS ONE OF THOSE ITEM THAT THIS BOARD MAKES A DECISION ON AND IS THE FINAL APPROVING APPROVAL. BOARD CONDUCTS HEARINGS AND WORKSHOPS AS NEEDED TO CARRY OUT THOSE DUTIES. CRB MEETINGS ARE NORMALLY HELD FIRST TUESDAY OF EACH MONTH. SPECIAL MEETINGS CAN BE CALLED AS NEEDED. WE NEED A QUORUM OF FOUR MEMBERS AND AND A MAJORITY VOTE IS REQUIRED FOR ACTION. WITHOUT A QUORUM, MEMBERS CAN RECEIVE INFORMATION BUT CANNOT MAKE CANNOT VOTE ON ANYTHING, AND AND WOULD HAVE TO ADJOURN THE MEETING IF THERE WERE ANY ACTION ITEMS. THE CRA DIRECTOR PROVIDES THE RESOURCES TO THE CRB AS NEEDED FOR QUASI [00:10:04] JUDICIAL MATTERS. THE CRB BASIS IS DECISION BASED ON EVIDENCE PRESENTED AT THE HEARING, MAKES FINDINGS OF FACTS AND CONCLUSION OF LAW, AND DOCUMENTS HIS DECISION IN WRITING SIGNED BY THE CHAIR AND SECRETARY. THE BOARD IS RESPONSIBLE FOR AMENDING AND IMPLEMENTING THE THE COMMUNITY DEVELOPMENT PLAN, REVIEWING BUDGETS AND EXPENDITURES, MANAGING CAPITAL PROJECTS, OVERSEEING INCENTIVE PROGRAMS, AND SUPPORTING ECONOMIC DEVELOPMENT INITIATIVES. SO OUR PLAN WAS CREATED IN 1998, AND WE'VE UPDATED THE PLAN SEVERAL TIMES SINCE THEN, MOST RECENTLY IN 2024. HERE'S A RESOLUTION WHERE IT WAS LAST AMENDED AND ADOPTED, WHICH WAS RESOLUTION NUMBER OH ONE 2024. THE CRA CAN CARRY OUT ANY ACTIVITY IN THE PLAN, BUT CANNOT DO ANYTHING THAT'S NOT INCLUDED IN IT. SO IF THERE ARE PROJECTS THAT THIS BOARD WANTS TO IMPLEMENT, IT'S IMPORTANT THAT WE AMEND THE THE PLAN AND ADD THE PROJECTS AND PROGRAMS IN THE PLAN IN ORDER FOR US TO IMPLEMENT THOSE THOSE PLANS, THOSE PROGRAMS AND APPROPRIATE TIFF FUNDS FOR THOSE PROGRAMS AND PROJECTS. THE CRA PLAN FOCUSES ON REDUCING AND ELIMINATING BLIGHT IN THE REDEVELOPMENT AREA, WHILE GENERATING THE REVENUE NEEDED TO CARRY OUT THE PLAN. OUR CRA PLAN HAS FIVE MAIN OBJECTIVES ECONOMIC DEVELOPMENT, CONNECTIVITY, INFRASTRUCTURE, NEIGHBORHOODS AND REDEVELOPMENT SUPPORT. AS FAR AS ECONOMIC DEVELOPMENT GOES, OUR RESPONSIBILITY IS TO REDUCE BLIGHT, DEVELOP COMMERCIAL CORRIDORS, SUPPORT UNDERUTILIZED PROPERTIES AND INCORPORATE CULTURE, ARTS AND CREATION. CONNECTIVITY MEANS COORDINATING IMPROVEMENTS TO ROADS, SIDEWALKS, LANDSCAPING, INFRASTRUCTURE AND OPEN SPACES, AND ENCOURAGING ALTERNATIVE TRANSPORTATION OPTIONS. INFRASTRUCTURE, WHICH MEANS SUPPORTING DOWNTOWN PARKING, GARAGE, STORMWATER AND DRAINAGE IMPROVEMENTS, AND OTHER PUBLIC INFRASTRUCTURE PROJECTS. NEIGHBORHOODS PROMOTING, PROMOTING AND REDUCING BLIGHT CONDITIONS IN THESE RESIDENTIAL AREAS, AND WORKING WITH PRIVATE SECTOR TO PROVIDE A MIX OF HOUSING TYPES INCLUDING AFFORDABLE HOUSING, WORKFORCE HOUSING, MARKET RATE HOUSING AND MIXED INCOME OPTIONS. REDEVELOPMENT SUPPORT MEANS ENCOURAGE REDEVELOPMENT FRIENDLY ZONING, PROVIDE ECONOMIC INCENTIVES, AND USE TOOLS LIKE BORROWING AND LAND ACQUISITION TO ACHIEVE CRA GOALS. SO THOSE ARE THE FIVE MAIN OBJECTIVES IN OUR CRA PLAN. AND THEY COULD BE EXPANDED AND INTO DIFFERENT TYPES OF PROJECTS THAT ARE IDENTIFIED IN THE CRA PLAN. IN FLORIDA, CRA ARE ALLOWED TO ALLOWED UNDER CHAPTER 163, PART THREE OF THE FLORIDA STATUTE TO SPEND TIFF FUNDS ONLY ON PROJECTS WITHIN THE REDEVELOPMENT AREA THAT HELP TO ELIMINATE BLIGHT AND FOLLOW THE APPROVED PLAN. TIFF FUNDS ARE GENERALLY USED FOR INFRASTRUCTURE PROJECTS, LAND ACQUISITION, SITE PREPARATION, AND REDEVELOPMENT PLANNING. THE KEY REQUIREMENTS IS THAT ALL EXPENDITURES MUST DIRECTLY BENEFIT THE REDEVELOPMENT AREA, AND MUST ALIGN WITH THE CRA PLAN. THE TIFF FUNDS CAN BE USED FOR ADMINISTRATIVE COSTS, INFRASTRUCTURE IMPROVEMENTS, STREETSCAPE ENHANCEMENTS, UTILITY AND DRAINAGE UPGRADES, PARKING FACILITIES, AFFORDABLE AND WORKFORCE HOUSING, PROPERTY ACQUISITION, SITE CLEARANCE, PUBLIC SPACE IMPROVEMENTS, ECONOMIC DEVELOPMENT PROGRAMS, DEBT SERVICE ON REDEVELOPMENT PROJECTS. TIFF FUNDS ARE GENERALLY GENERALLY CANNOT BE USED FOR ROUTINE GOVERNMENT OPERATIONS. GENERAL MAINTENANCE NOT TIED TO REDEVELOPMENT. SO IF THEY'RE PROJECTS THAT WERE DONE PRIOR TO CRA AND THERE'S SOME MAINTENANCE REQUIRED ON THOSE PROJECTS, CRA CANNOT PAY FOR THOSE. BUT FOR INSTANCE, IF THE CRA DID A STREETSCAPE PROJECT AND THERE'S A MAINTENANCE REQUIRED ON THOSE PROJECTS, THE CRA CAN PAY FOR THOSE ONGOING MAINTENANCE ON CRA INITIATED PROJECTS. WE CANNOT PAY FOR PROJECTS OUTSIDE OF THE CRA BOUNDARY OR EXPENSES THAT ARE INCONSISTENT WITH THE REDEVELOPMENT PLAN. CRA GENERALLY CANNOT GIVE DIRECT GRANTS TO BUSINESSES FOR OPERATING COSTS, BUT WE CAN PARTNER WITH PRIVATE PARTIES OR NON-PROFITS FOR SPECIFIC REDEVELOPMENT PROJECTS OR INFRASTRUCTURE IMPROVEMENTS. FOR INSTANCE, WE HAVE THE BUSINESS IMPROVEMENT GRANT. WE CANNOT GIVE THEM GRANTS DIRECTLY, BUT WE PARTNER WITH THEM BECAUSE THERE'S A MATCHING GRANT REQUIRED. SO THAT'S CALLED THAT'S A PARTNERSHIP. CRA FUNDS NOT WE CAN FUND NON-PROFITS ONLY IF THE EXPENDITURE SERVES AS PUBLIC PURPOSE IN THE REDEVELOPMENT PLAN, SUCH AS BUILDING A COMMUNITY CENTER, CREATING AFFORDABLE HOUSING OR IMPROVING PUBLIC INFRASTRUCTURE. IT MUST BE TIED TO TANGIBLE PHYSICAL DEVELOPMENT, NOT THEIR GENERAL [00:15:06] OPERATIONS. AND HOW WE MEASURE SUCCESS IN THE CRA IS DO WE SEE A GROWTH IN OUR TAXABLE PROPERTY VALUE, NEW BUSINESS ACTIVITIES, JOB CREATION, INCREASED HOUSING OPPORTUNITIES, IMPROVE MOBILITY, ENHANCE ESTHETICS AND PUBLIC SPACES. THIS CIP IS INCLUDED IN THE CRA PLAN. IT WAS ADOPTED IN 2024. THE PROJECTS INCLUDE DOWNTOWN UNDERGROUNDING SEMINOLE STREETSCAPE, WHICH IS UNDERWAY RIGHT NOW, RIVERSIDE PARK STREETSCAPE, WHICH IS A PROJECT JUST NORTH OF THE OLD THE DRAWBRIDGE. THAT PROJECT IS COMPLETED. IT WAS COMPLETED IN NOVEMBER OF LAST YEAR. ORLANDO PARK NEIGHBORHOOD OLEANDER NEIGHBORHOOD PARK THAT'S JUST RECENTLY COMPLETED, WHICH IS IN THE RIVERSIDE PARK GATEWAY AND DISTRICT SIGNAGE. WE COMPLETED THE PHASE FIRST PHASE WHERE WORKING ON THE SECOND PHASE FOR THE HORIZONTAL SIGNS, WHERE WE'RE GOING TO HAVE THE THE THE GATEWAY SIGNAGE AT THE ENTRY POINTS OF OF CITY OF STUART AND CRA. WILLIE GARY PROPERTY ACQUISITION NEW CONSTRUCTION WHICH IS IN ON MLK. WE ACQUIRED THAT PROPERTY IN 2020 FOR THAT PROPERTY IS IN CONSTRUCTION RIGHT NOW FOR FOR PROJECT LIFT, A GUY DAVIS COMMUNITY PARK THAT'S AGAIN IN IN DESIGN PHASE WHERE ALMOST 90% DESIGN. WE EXPECT TO GO TO CONSTRUCTION IN IN SOME SUMMER OR FALL OF THIS YEAR AND DRAINAGE IMPROVEMENTS AND SIDEWALK IMPROVEMENTS. WE RECENTLY RECEIVED GRANT FOR THAT. SO THAT'S IN THE DESIGN PHASE. AGAIN, THESE ARE ALL THE PROJECTS THAT WERE IDENTIFIED IN THE IN THE CRA PLAN, AND WE HAVE BEEN SUCCESSFUL IN ACCOMPLISHING ALL THESE PROJECTS. SOUTHEAST DIXIE HIGHWAY, WE RECEIVED A GRANT FOR THAT. SO THAT'S IN THE DESIGN PHASE, MLK STREETSCAPE PROJECT. AGAIN, THAT'S IN THE DESIGN PHASE. THAT PROJECT WILL COME TO THE JOINT BOARD IN APRIL FOR PRESENTATION AND FEEDBACK ON THE DESIGN. DOWNTOWN PARKING GARAGE, BRIGHTLINE TRAIN STATION, CITY HALL REDEVELOPMENT, OSCEOLA STREET EXTENSION, SOUTHEAST OCEAN BOULEVARD, WHICH IS FROM FEDERAL HIGHWAY TO DIXIE HIGHWAY, STORMWATER IMPROVEMENTS, PROPERTY ACQUISITION. SO THE LAST 4 OR 5 PROJECTS THAT I MENTIONED, AGAIN, THIS IS POTENTIAL PROJECTS. AND I KNOW THE DIRECTION HAS CHANGED SINCE WE HAVE A NEW COMMISSION. SO THE DOWNTOWN PARKING GARAGE AND BRIGHTLINE TRAIN STATION COULD BE REMOVED THE NEXT TIME WE AMEND THE CRA PLAN. THE CIP IS INCLUDED IN OUR BUDGET EVERY EVERY YEAR. WHEN THE BOARD SEES THE BUDGET IN SEPTEMBER, I INCLUDE THE CIP BUDGET SUMMARY. SO THAT ALSO GETS ADOPTED AROUND SEPTEMBER OF EVERY YEAR, AND IT INCLUDES ALL THE PROJECTS THAT ARE IN THE PIPELINE AND PROJECTED TO BE COMPLETED IN THE NEXT 4 TO 5 YEARS. THAT CONCLUDES MY PRESENTATION. DOES THE BOARD HAVE ANY QUESTIONS? DO YOU NEED A VOTE TO APPROVE YOUR PRESENTATION? NO, THIS IS FOR JUST FOR INFORMATION PURPOSES. THANK YOU, THANK YOU, THANK YOU. WE'RE VERY WE HAVE EASY ACCESS TO THE REPORT. THERE'S WHICH REPORT? THIS ONE THAT YOU JUST THE PRESENTATION. YEAH. YES I CAN I CAN EMAIL IT. YEAH. I THINK WE RECEIVED IT AS AN EMAIL. THIS PRESENTATION WAS I'M NOT SURE IF IT WAS INCLUDED. YES. IT WAS INCLUDED IN THE AGENDA. YES IT WAS INCLUDED IN THE AGENDA OKAY. OKAY. ALL [4. LEONARD LEWIS, 433 SE LAKE CIRCLE DRIVE - EAST STUART MAJOR URBAN CODE CONDITIONAL USE PERMIT (RC)(QJ): RESOLUTION No. 16-2026; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, GRANTING A EAST STUART MAJOR CODE CONDITIONAL USE TO THE PROPERTY LOCATED AT 433 SE LAKE CIRCLE DRIVE, AS DESCRIBED WITHIN THE ATTACHED LEGAL DESCRIPTION; GRANTING APPROVAL TO ALLOW AN OUTBUILDING TO EXCEED THE MAXIMUM SIZE OF 700 SQUARE FEET, TO ALLOW THE REDUCTION OF A REAR SETBACK REQUIREMENT, TO ALLOW THE MAXIMUM OF FIVE (5) DENSITY UNITS, AND TO CONFIRM THE IMPERVIOUS AND PERVIOUS REQUIREMENTS; GRANTING APPROVAL AND ALLOWING THE APPLICANT TO OBTAIN A REVOCABLE RIGHT- OF-WAY PERMIT FOR THE USE OF THE CITY’S RIGHT-OF-WAY FOR THE EXISTING PAVED ACCESS FOR SE LAKE CIRCLE DRIVE; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.] RIGHT. MOVING RIGHT ALONG. ACTION ITEM NUMBER FOUR, LEONARD LEWIS 433, SOUTHEAST LAKE CIRCLE DRIVE, EAST STUART. MAJOR URBAN CODE CONDITIONAL USE PERMIT RC. WHAT DOES RC STAND FOR? ROLL CALL, ROLL CALL AND QUASI JUDICIAL OKAY. RESOLUTION NUMBER 16 2026A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, GRANTING A EAST STUART MAJOR CODE CONDITIONAL USE TO THE PROPERTY LOCATED AT 433 SOUTHEAST LAKE CIRCLE DRIVE, AS DESCRIBED WITHIN THE ATTACHED LEGAL DESCRIPTION, GRANTING APPROVAL TO ALLOW AN OUTBUILDING TO EXCEED THE MAXIMUM SIZE OF 700FT■!S TO ALLOW THE REDUCTION OF A REAR SETBACK REQUIREMENT. TO ALLOW THE MAXIMUM OF FIVE DENSITY UNITS, AND TO CONFIRM THE IMPERVIOUS AND IMPERVIOUS REQUIREMENTS, GRANTING APPROVAL AND ALLOWING THE APPLICANT TO OBTAIN A REVOCABLE RIGHT OF WAY. PERMIT FOR THE USE OF THE CITY'S RIGHT OF WAY FOR THE [00:20:01] EXISTING PAVED ACCESS FOR SOUTHEAST CIRCLE DRIVE, PROVIDING FOR AN EFFECTIVE DATE AND OTHER PURPOSES. DO ANY OF THE BOARD MEMBERS HAVE ANY EX PARTE COMMUNICATIONS TO DISCLOSE? NO, I HAVE, I HAVE NONE. NO, I HAVE TWO. I HAVE TALKED BRIEFLY TO THE DEVELOPMENT DIRECTOR AND TO OUR CITY ATTORNEY. ALL THOSE GIVEN TESTIMONY. PLEASE STAND, RAISE YOUR RIGHT HAND AND BE SWORN IN BY OUR BY OUR ATTORNEY. YOU AFFIRM THE TESTIMONY THAT YOU'RE ABOUT TO PROVIDE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH. SO HELP YOU GOD. YES, YOU MAY BE SEATED. ALL RIGHT. STAFF REPORT. JODI, OUR DEVELOPMENT DIRECTOR. THANK YOU. GOOD AFTERNOON, CHAIR AND BOARD MEMBERS. FOR THE RECORD, MY NAME IS JODI COOGLER, THE DEVELOPMENT DIRECTOR FOR THE CITY OF STUART. TONIGHT I'M PRESENTING AGENDA ITEM NUMBER FOUR. THE APPLICANT, LEWIS LEONARD, THE PETITIONER, IS REQUESTING APPROVAL OF AN EAST STUART MAJOR. CONDITIONAL USE PURSUANT TO SECTION 11.01 .11 OF THE CITY OF STUART LAND DEVELOPMENT CODE. THE PROPERTY IS LOCATED AT 433 SOUTHEAST LAKE CIRCLE DRIVE AND IS ALSO LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA. PURSUANT TO THE LAND DEVELOPMENT CODE PUBLIC NOTICE REQUIREMENTS FEBRUARY 13TH, 2026 THE APPLICANT MAILED NOTICES TO ALL ADJACENT PROPERTIES WITHIN 300FT OF THE SUBJECT PARCEL TO PROVIDE DETAILS OF THE REQUESTED DEVELOPMENT AND A DATE AND TIME OF TONIGHT'S PUBLIC HEARING. ADDITIONALLY, ONE SIGN WAS POSTED ON THE PROPERTY WITH THE SAME INFORMATION IN FRONT OF YOU. STAFF DID DID RECEIVE A LETTER FROM WALTER E ODIN TWO IN SUPPORT OF THE PROJECT. THE PARCEL IS ONE IS 0.29 ACRES OUTLINED IN RED, AND IS LOCATED AGAIN AT 433 SOUTHEAST LAKE CIRCLE DRIVE, WITHIN THE EAST STUART DISTRICT. THE PROPERTY IS ZONED BUSINESS, MIXED USE, EAST COAST AND EAST COAST. I MEAN, YEAH, THE BUSINESS MIXED USE ZONING DISTRICT AND ENCOMPASSES EAST STUART'S TRADITIONAL BUSINESS AREA ABUTTING THE SOUTH SIDE OF MARTIN LUTHER KING JUNIOR BOULEVARD, ADJACENT TO CENTRAL AND EAST AVENUES. THE AREA IS CURRENTLY CHARACTERIZED BY SEVERAL VACANT PARCELS, A FEW SCATTERED SINGLE FAMILY AND MULTIFAMILY RESIDENTS, AND A SMALL NUMBER OF BUSINESSES TO DESIRE. DEVELOPMENT PATTERN OF THE BUSINESS AND OFFICE USES, WITH APPROXIMATELY TWO RESIDENTIAL USES, PROMOTES A VIBRANT MIXED USE NEIGHBORHOOD NEIGHBORHOOD. THE FUTURE LAND USE IS OUTLINED FOR POLICY 1.871. K OF THE CITY OF STUART'S COMPREHENSIVE PLAN. THE EAST STUART'S FUTURE LAND USE DESIGNATION APPLIES ONLY TO LAND AREA WITHIN THE STUART. WITHIN THE STUART COMMUNITY REDEVELOPMENT AREA. THE DESIGNATION IS SPECIFIC TO THE HISTORIC AFRICAN AMERICAN DISTRICT AND IS ADJACENT LAND AREAS. GENERAL USES PERMITTED INCLUDE ALL LOW DENSITY RESIDENTIAL, MULTIFAMILY, RESIDENTIAL, OFFICE, COMMERCIAL, RECREATION, AND MIXED USE PROJECTS. ON MARCH 26TH, 2025, THE APPLICANT, LEWIS LEONARD, THE PROPERTY OWNER, LOCATED AT 433 SOUTHEAST LAKE CIRCLE DRIVE, STUART, FLORIDA, WITHIN THE STUART NEIGHBORHOOD SPECIAL DISTRICT. THE PARCEL IS 0.29 ACRES IN SIZE AND HAS A BUSINESS MIXED USE DESIGNATION. THE APPLICANT IS REQUESTING AN EAST STUART MAJOR CODE, CONDITIONAL USE, TO REQUEST THE APPROVAL OF THE FOLLOWING DEVIATIONS FROM THE STUART NEIGHBORHOOD CODE TO BE ALLOWED AND APPROVED BY THE CITY COMMISSION. THE FIRST ONE IS TO ALLOW THE ONE EXISTING OUTBUILDING ON THE PROPERTY TO EXCEED THE MAXIMUM SIZE OF ONE BUILDING OF 700FT■!S, INSTEAD OF THE EXISTING OUTBUILDING ON THE PROPERTY. PURSUANT TO SECTION 3.0, 2.0, 4.5.04 IN FIGURE E, STUART 30, IN THE STUART NEIGHBORHOOD CODE TO BE TO BE USED. THE OUTBUILDING CURRENTLY IS SIZED AT 900FT■!S. ALSO TO CONFIRM THE IMPERVIOUS AND PERVIOUS REQUIREMENTS TO ALLOW THE REAR SETBACK OF THE EXISTING OUTBUILDING TO BE REDUCED FROM 10FT TO 5FT, AND TO ALLOW MAXIMUM RESIDENTIAL UNITS OF TO BE A MAXIMUM OF FIVE UNITS. ALSO, WITH THE APPROVAL IT WOULD REQUIRE TO BE APPROVED AND ALLOW A REVOCABLE PERMIT FOR THE RIGHT OF WAY FOR THE USE OF THE CITY'S RIGHT OF WAY FOR THE CURRENT EXISTING PAVED DRIVEWAY ACCESS. THIS APPLICATION, JUST SO WE HAVE SOME WE HAD SOME CONFUSION ON THE ACTUAL ADDRESS. SO THIS IS [00:25:04] JUST PROVES TO SHOW YOU THAT THE ADDRESS, PER THE MARTIN COUNTY PROPERTY APPRAISER'S, SHOWS THIS PROPERTY LOCATED AT 433 SOUTHEAST LAKE CIRCLE DRIVE. THIS RENDERING SHOWS THIS IS THE EXISTING BUILDING. IF YOU ARE LOOKING UP AT. FLYING OVER WHERE THE STAR IS WAS WHERE THE 900 EXISTING OUTBUILDING IS. YOU CAN ALSO SEE IN THE BLUE ARROW IS THE PUBLIC RIGHT OF WAY. THAT'S REQUIRES A PERMIT TO BE PAVED. AND YOU CAN SEE THAT THERE IS A LAKE BEHIND THERE. AND THAT'S THE DEVIATION FOR THE 10FT TO 5FT. AND THEN ALSO THE IMPERVIOUS REQUIREMENTS OF OF 75%. THIS IS THE CURRENT FLOOR PLAN THAT EXISTS TODAY. AND IT SHOWS THREE DIFFERENT UNITS, WHICH WOULD MAKE THIS TOTAL OF EIGHT UNITS. AND THE APPLICANT DID PROVIDE US A CONCEPTUAL OUTBUILDING FLOOR PLAN THAT WOULD JUST TAKE THE THREE UNITS DOWN TO A ONE UNIT. THE STAFF HAS LOOKED AT THE RECOMMENDATIONS AND HAVE WORKED WITH THE APPLICANT, AND HAS RECOMMENDED THE FOLLOWING CONDITIONS OF APPROVAL. EACH PARCEL, LOCATED AT 433 AND SOUTHEAST LAKE CIRCLE AND 437 SOUTHEAST LAKE CIRCLE, MUST ESTABLISH ALL APPLICABLE UTILITY ACCOUNTS WITH THE CITY OF STUART CUSTOMER SERVICE DIVISION. ALCOHOL TO UTILITY SERVICES INCLUDING WATER, SEWER, SANITATION AND STORM WATER. JUST TO GIVE YOU SOME BACKGROUND ON THAT IS WHEN WHEN MR. LEONARD WAS GOING THROUGH ALL THE UPGRADES FOR THE DIFFERENT PROPERTIES, THE UTILITY BILLS WERE ALL COMBINED ON ONE PARCEL AND THEY NEED TO BE SUBDIVIDED OUT. ANY CONSTRUCTION WORK, INCLUDING INTERIOR REMODELING, EXTERIOR STRUCTURAL MODIFICATION TO WALLS, AND CHANGES TO ELECTRICAL, PLUMBING, MECHANICAL, UTILITY OR FIRE PROTECTION SYSTEMS WOULD REQUIRE A PERMIT. MOST PERMITS REQUIRE SIGNED AND SEALED ARCHITECTURAL AND ENGINEER DRAWINGS, AS APPLICABLE, AND A REVOCABLE PERMIT MUST BE OBTAINED FOR THE PROPOSED DRIVEWAY ACCESS TO THE CITY OF STUART PRIOR TO FINAL CERTIFICATE OF OCCUPANCY. STAFF HAS REVIEWED THE PROPOSED PETITION FOR THE EAST STUART MAJOR CONDITIONAL USE PERMIT AND DETERMINED THEY CONFORM TO THE STANDARDS OF REVIEW OUTLINED IN THE LAND DEVELOPMENT CODE AND ARE CONSISTENT WITH THE COMPREHENSIVE PLAN GOALS, OBJECTIVES AND POLICIES AND STAFF REQUESTS. THE COMMUNITY REDEVELOPMENT REDEVELOPMENT BOARD RECOMMENDS RESOLUTION NUMBER 16 2026 TO THE CITY CITY COMMISSION. THE RESOLUTION WILL RUN WITH THE LAND. COMMUNITY. THIS ENDS STAFF'S PRESENTATION AND WE DO HAVE THE APPLICANTS REPRESENTATIVE IN THE AUDIENCE. AND SHE DOES HAVE A BRIEF PRESENTATION AS WELL. GOOD EVENING, EVERYBODY. THANK YOU SO MUCH FOR BEING HERE AND PROVIDING US WITH YOUR TIME. I KNOW THAT THIS IS A VERY THIS IS A WEEKEND WEEK DAY. SO I APPRECIATE YOUR TIME. THE CONFUSION THAT WE HAD INITIALLY WITH THE ADDRESS YOU CAN SEE IS IS PRESENTED UNFORTUNATELY ON THE FRONT PAGE. BUT WE'RE GOING TO OVERLOOK THAT. SO MOVING FORWARD, EVEN THOUGH MRS. COOGLER DID A VERY GOOD JOB IN PRESENTING THE NECESSARY FACTS AS FAR AS STAFF, WE AS THE APPLICANT MUST CREATE A RECORD BECAUSE THIS IS A QUASI JUDICIAL PROCEEDING AND THEREFORE WE HAVE TO GO THROUGH SOME THINGS OVER AGAIN, I SINCERELY APOLOGIZE, BUT IF WE DON'T PRESENT IT, IT'S CONSIDERED NOT PRESENTED. SO THE PROPERTY IS LOCATED, AS WE ALREADY NOTICED, FOR 33 SOUTHEAST LAKE CIRCLE, INSIDE OF THE EAST STUART NEIGHBORHOOD, WHICH IS A CRA, AND THEREFORE WE'RE IN FRONT OF THE COMMUNITY REDEVELOPMENT BOARD AS A AS OUR RECOMMENDING BODY. THE PARCEL IS 0.29 ACRES AND HAS A BUSINESS MIXED USE ZONING DESIGNATION. AND IT ALLOWS FOR QUITE A BIT OF USES SINGLE FAMILY DUPLEX,ULTI-FAMILY AND ACCESSORY DWELLING UNITS. AS DISCUSSED, WE HAVE VARIOUS THINGS THAT ARE BEING ASKED FOR THAT ARE QUOTE UNQUOTE DEVIATIONS FROM THE STUART NEIGHBORHOOD CODE. ONE IS THAT THE OUT PARCEL THAT IS IN THE CIRCLE IS INDEED 900FT■!S INSTED OF THE MAXIMUM 700. HERE'S WHERE WE ADD SOME DETAIL UNDER THE CODE. YOU'RE ALLOWED TWO OUTBUILDINGS OF 700FT■!S EACH. MR. LEONARD ONLY HAS ONE AT 900FT■!S. SO WHILE IT LOOKS LIKE HE'S OVERSEEDING OVERDOING THE MAXIMUM, HE'S ACTUALLY DOING LESS THAN WHAT'S ALLOWED UNDER [00:30:05] THE CODE. ADDITIONALLY, WE HAVE A LITTLE ISSUE WITH THE SETBACK ON THAT BACKSIDE. IT SHOULD BE TEN FEET. IT IS FIVE. THIS IS AN EXISTING STRUCTURE AND THEREFORE WE'RE ASKING FOR SOME RELIEF FROM THAT. ADDITIONALLY, AS YOU'VE NOTICED, THE PARKING AREA TO BASICALLY THE EAST THAT CONNECTS WITH THAT RIGHT OF WAY IS INDEED ENCROACHING INTO THAT CITY RIGHT OF WAY. AND THAT'S WHY YOU HAVE THE NEED FOR A REVOCABLE USE OF THAT RIGHT OF WAY VIA THE REVOCABLE PERMIT. THAT'S SOMETHING WE WILL ABSOLUTELY APPLY FOR AFTER THIS PARTICULAR CONDITIONAL USE IS APPROVED. ADDITIONALLY, WE HAVE ANOTHER COUPLE OF ITEMS. SO WE DID PROVIDE A SURVEY. THERE WAS SOME QUESTION AS TO WHETHER THIS PARTICULAR LOT HAD ENOUGH IMPERVIOUS VERSUS PERVIOUS SURFACE AREA. WE DO INDEED HAVE ENOUGH IMPERVIOUS SURFACE AREA. WE MEET THAT REQUIREMENT. SO WE DEMONSTRATED THAT BY PROVIDING THE SURVEY THAT IS A PART OF THIS AGENDA. SO THAT'S NOT ASKING FOR ANY RELIEF. THAT IS SIMPLY STATING WE MEET IT. HERE'S THE PROOF. RIGHT. THEN FINALLY, AND THIS IS WHERE IT GETS A LITTLE INTERESTING. UNFORTUNATELY, MR. LEONARD HAS HAD A SERIES OF UNFORTUNATE EVENTS. YOU KNOW, THE CHILDREN'S STORY WHERE IT WAS A SERIES OF UNFORTUNATE EVENTS. WELL, MR. LEONARD UNFORTUNATELY HAD SOME OF THOSE EVENTS OCCUR BASED OFF OF MY NARRATIVE, WHICH IS IN YOUR ALL'S PACKET. IN 2021, HE WAS PROVIDED A BUILDING PERMIT IN THE NOTES OF THAT BUILDING PERMIT. IN NOVEMBER, THERE WAS A NOTE THAT SAID HE NEEDED TO GET CONDITIONAL USE APPROVAL, OR AT LEAST A ZONING APPROVAL OF SOME KIND, BUT THE BUILDING PERMIT WAS THEN ISSUED IN DECEMBER. SO BEING NOT AWARE OF THE IMPLICATIONS OF THAT, MR. LEONARD THOUGHT HE HAD A BUILDING PERMIT, THOUGHT HE HAD THE CAPACITY AND THE ABILITY AND THE PERMIT TO CONTINUE ON WITH HIS BUILDING. SO HE DID. IN 2021 THROUGH 2022, HE BUILT HIS BUILDING, WHICH IS THE OUTBUILDING IN THE BACK THERE IN THE CIRCLE, AND THOUGHT EVERYTHING WAS FINE AND HAD ALL THE INSPECTIONS DONE AND THEN WAS NOT GRANTED A CERTIFICATE OF OCCUPANCY. SO THAT IS WHY WE'RE HERE. IN THE MEANTIME, FAST FORWARD IN SEPTEMBER OF 2024, THE CITY OF OF STUART DECIDED TO DO A ZONING IN PROGRESS WHICH CHANGED THE DENSITY AVAILABILITY OF HIS PROPERTY. INITIALLY, HE WOULD HAVE BEEN ABLE TO GET SEVEN UNITS UNDER A CONDITIONAL USE APPROVAL, BUT WITH THAT CHANGE IN SEPTEMBER OF 2024, IT'S NOW ONLY FIVE. THERE ARE OTHER THINGS THAT OCCURRED THROUGHOUT THAT INTERVENING TIME, BUT WE'RE FINALLY HERE IN FRONT OF YOU TO FIX IT ALL. TO GET THE CONDITIONAL USE, WE NEED TO GET TO MAKE THE THREE UNITS INTO ONE UNIT SO THAT MR. LEONARD CAN ENJOY HIS PROPERTY AND GO FORWARD AND BE WELL. OKAY, SO THAT IS THE HISTORY THAT'S IN MY NARRATIVE. THAT'S PERMIT HISTORY. I JUST SUMMARIZED THAT AS YOU NOTICE, THE FLOOR PLAN RIGHT NOW HAS, IN THEORY, THREE UNITS, RIGHT. YOU'VE GOT KITCHENETTES, YOU'VE GOT. BATHROOMS, ETC. SO THIS IS WHAT WAS APPROVED IN THAT 2021 BUILDING PERMIT THAT WAS ISSUED. WE TALKED ABOUT THE VARIOUS ITEMS THAT ARE REQUIRED. REAR SETBACK HAS TO BE TEN FEET. IMPERVIOUS AREA CANNOT EXCEED A MAXIMUM OF 75% ON THE LOT AREA. THE 2021 RESIDENTIAL DENSITY WAS CAPPED AT 17 UNITS WITHOUT A CONDITIONAL USE APPROVAL, AND 30 UNITS WITH A CONDITIONAL USE APPROVAL. BUT THEN THAT CHANGED IN SEPTEMBER OF 2024, WHEN IT BECAME 20 UNITS PER ACRE WITH A CONDITION CONDITIONAL USE APPROVAL. YOU SEE HOW THAT WORKED? AND THEN FIGURE S N 30 AS TO THE OUTBUILDING, STATING THAT HE CAN INDEED HAVE TWO AT 700 SQUARE FOOT EACH, BUT HE'S ONLY ASKING FOR ONE AT 900FT■!S. THERE'S THE ORDINANCE THAT HAPPENED DUE TO THE ZIP. SEPTEMBER 2024. HE SUBMITTED A CONDITIONAL USE APPROVAL IN MARCH OF 2025, IN AN ATTEMPT TO FIX THIS. SO PRIOR TO MY COMING ON BOARD, PRIOR TO THIS PARTICULAR CONDITIONAL USE APPROVAL, HOWEVER, UNFORTUNATELY IT IT IDENTIFIED SEVEN UNITS OF DENSITY BECAUSE THAT WAS POTENTIALLY WHAT WAS AVAILABLE. RELIEF FROM PARKING, RELIEF FROM DENSITY RELIEF FROM PORCH REQUIREMENTS. BUT THOSE ARE NO LONGER ISSUES THAT NEED TO BE DEALT WITH. AND OF COURSE, THINGS CHANGED. SO WE'RE HERE FOR FIVE UNITS OF DENSITY. SO WE HAD TO AMEND THAT CONDITIONAL USE APPROVAL. SO WE BROUGHT THE ONE WE'RE AT TODAY OKAY. SO FOR YOU AND AS THE [00:35:05] COMMUNITY REDEVELOPMENT BOARD THERE ARE VARIOUS FACTORS THAT HAVE TO BE REVIEWED PER CODE. THE FACTORS ARE SECTION COME FROM SECTION 11.01 11. AND THEY ARE IN MY NARRATIVE. I'LL SUMMARIZE WHAT'S UP THERE. THE PROPOSED USE CANNOT BE CONTRARY TO THE ESTABLISHED LAND USES IN THE IMMEDIATE AREA, SO CANNOT BE CONTRARY. THE PROPOSED USE WOULD NOT SIGNIFICANTLY DEPART. IT HAS TO BE SHOWN THAT THE PROPOSED USE WILL NOT SIGNIFICANTLY DEPART FROM THE DENSITIES OR INTENSITIES OF USES IN THE SURROUNDING AREA, AND THEREBY CANNOT INCREASE OR OVERTAX THE LOAD ON PUBLIC FACILITIES. I'M PARAPHRASING, BUT THE THE SECTION IS IN THE CODE AND IT WILL BE SUMMARIZED ON THE SCREEN. THE PROPOSED USE WILL NOT BE CONTRARY TO THE FUTURE LAND USE DESIGNATION, AND WILL NOT HAVE AN ADVERSE EFFECT ON THE GOODS, POLICIES AND OBJECTIVES OF THE COMPREHENSIVE PLAN. THIS IS WHERE IT GETS DRY. I'M SORRY I DO HAVE TO GO THROUGH THE CODE, SO JUST BEAR WITH ME. THE EXISTING DISTRICT BOUNDARIES ARE HAVE TO BE SHOWN TO BE ILLOGICALLY DRAWN, OR AT LEAST FOUND BY YOU ALL AS A FACTOR THAT YOU ALL MUST CONSIDER. THE PROPOSED USE WILL NOT CREATE OR EXCESSIVELY INCREASE TRAFFIC CONGESTION. THE PROPOSED USE WILL NOT CREATE DRAINAGE OR STORMWATER QUALITY PROBLEM. THE PROPOSED USE WILL NOT SIGNIFICANTLY REDUCE LIGHT OR AIR TO ADJACENT AREAS. THE PROPOSED USE IS LESS BURDENSOME ON NEIGHBORING PROPERTIES AND ON PUBLIC INFRASTRUCTURE, THEN USES PERMITTED BY RIGHT IN THE DISTRICT, AND THE PROPOSED USE IS NOT OUT OF SCALE, WITH THE USES PERMITTED BY RIGHT IN THE DISTRICT, AND THERE ARE NO OTHER ADEQUATE SITES FOR THE PROPOSED USE IN THE DISTRICT IN WHICH THE PROPOSED USE IS PERMITTED. SO THAT'S A LOT OF WORDS FOR A LOT OF FACTORS THAT YOU ARE REQUIRED TO CONSIDER. ADDITIONALLY, ON TOP OF THOSE FACTORS, YOU ARE ALSO REQUIRED TO BASICALLY CONSIDER ADDITIONAL ITEMS INGRESS AND EGRESS TO THE PROPERTY AND THE PROPOSED STRUCTURES TO BE LOCATED THERE ON, INCLUDING CONSIDERATIONS OF AUTOMOTIVE AND PEDESTRIAN SAFETY AND CONVENIENCE, TRAFFIC FLOW AND CONTROL, OFF STREET PARKING AND LOADING AREAS, INCLUDING CONSIDERATION OF ECONOMIC IMPACT THEREOF ON ADJACENT PROPERTIES, REFUSE AND SERVICE AREAS, UTILITIES SCREENING AND BUFFERING, SIGNAGE. EXTERIOR LIGHTING REQUIRED YARDS AND OPEN SPACES, AND HEIGHT OF PROPOSED STRUCTURES. SO THAT'S A LOT. BUT WE'RE GOING TO KIND OF CONDENSE THOSE ITEMS, AND I'M GOING TO TRY AND KEEP IT AS BRIEF AS POSSIBLE AS TO HOW THIS PARTICULAR CONDITIONAL USE APPROVAL MEETS THE FACTORS THAT YOU ALL NEED TO FIND. SO THE PROPOSED USE IS NOT CONTRARY. SO I'M GOING TO GO BACK TO OUR LITTLE HANDY DANDY AERIAL WITHIN APPROXIMATELY 100FT NORTHEAST OF THE PROPERTY, ADJACENT TO LAKE STREET, THERE IS A DUPLEX APPROXIMATELY 150FT DUE NORTH OF THE PROPERTY, ADJACENT TO MARTIN LUTHER KING BOULEVARD. THERE IS A MIXED USE STORE AND OFFICE. DOESN'T SHOW IT AS WELL HERE, BUT YOU GET THE THE GIST. WITHIN APPROXIMATELY 190FT OF THE PROPERTY. SO STILL WITHIN 200FT AT THE CORNER OF MARTIN LUTHER KING BOULEVARD AND SOUTHEAST EAST AVENUE IS A MULTIFAMILY APARTMENT BUILDING WITH TEN UNITS, TEN RESIDENTIAL UNITS. APPROXIMATELY 230FT. SO NOW WE'RE GETTING A LITTLE FURTHER BEYOND 200, 230FT. NORTHWEST OF THE PROPERTY IS A MORTUARY CREMATORIUM CREMATORIUM ADJACENT TO MARTIN LUTHER KING BOULEVARD, WITHIN APPROXIMATELY 210FT OF THE PROPERTY. ACROSS THE LAKE TO THE SOUTHWEST, IS A DUPLEX, ALSO ADJACENT TO SOUTHEAST LAKE STREET TO THE SOUTH, AND ACROSS SOUTHEAST LAKE STREET OR LAKE CIRCLE DRIVE. EXCUSE ME. THERE IS A QUADPLEX AND A DUPLEX AND A CHURCH. ALL OTHER LOTS WITHIN 250 FOOT RADIUS OF THE PROPERTY ARE EITHER VACANT RESIDENTIAL OR SINGLE FAMILY HOMES. SO WE HAVE QUITE A FEW FACTORS THAT YOU NEED TO CONSIDER REGARDING. ARE THERE CONTRARY? IS THIS A CONTRARY USE? IS THIS AN OVERBURDENSOME USE? IS THIS SOMETHING THAT'S GOING TO PUT HEAVY, YOU KNOW, ISSUE ON TAXES OR PUBLIC FACILITIES AS COMPARED TO WHAT SURROUNDING IT GIVEN THESE USES WITHIN A 250 FOOT RADIUS, ADDING ONE MORE UNIT THAN THE CODE ALLOWS TO THIS PROPERTY, AND GIVING THE DISPENSATION OF SETBACK, RELIEF AND DRIVEWAY RELIEF, AND SOME OF THOSE OTHER THINGS ARE NOT GOING TO INCREASE PUBLIC LOAD, ARE NOT CONTRARY TO THE USES SURROUNDING IT. ARE IS GENERALLY INNOCUOUS. INNOCUOUS. SO I'M GOING TO FAST FORWARD TO ANOTHER FACTOR THE FACTOR [00:40:04] REGARDING WHETHER THIS PARTICULAR USE IS HAS AN ADVERSE EFFECT ON THE GOALS, POLICIES, AND OBJECTIVES OF THE COMPREHENSIVE PLAN. I'VE SKIPPED OVER 3 OR 4 FACTORS BECAUSE MY NARRATIVE DISCUSSES THEM. ADDITIONALLY, IT'S RELATIVELY, RELATIVELY SELF-EXPLANATORY, SO THE GOAL STATEMENT FOR THE EAST STUART OVERLAY ZONING DISTRICT IS TO ADDRESS THE UNIQUE AND SPECIAL LAND USE AND RELATED DEVELOPMENT ISSUES OF THIS NEIGHBORHOOD. RIGHT. OBJECTIVE. OBJECTIVE 1D1E STUART SPECIAL STUDIES DISTRICT TO REDUCE REDUCE SUBSTANDARD HOUSING CONDITIONS. INCREASE AFFORDABLE HOUSING OPPORTUNITIES, IMPROVE INFRASTRUCTURE AND SAFETY CONDITIONS, AND PROVIDE FOR LAND USE REGULATIONS THAT REFLECT AND STRENGTHEN THE NEIGHBORHOOD. CHARACTER. NOTE TO REDUCE SUBSTANDARD HOUSING CONDITIONS. INCREASE AFFORDABLE HOUSING OPPORTUNITIES, IMPROVE INFRASTRUCTURE AND SAFETY CONDITIONS, WE ARE BY THIS CONDITIONAL USE APPROVAL. IF YOU ALL DECIDE TO RECOMMEND APPROVAL, YOU ARE ADDING AT LEAST ONE MORE USABLE, AFFORDABLE UNIT THAT WOULD NOT BE THERE OTHERWISE. UNDER THIS CURRENT CODE, MR. LEONARD COULD HAVE FOUR DWELLING UNITS PER FOUR DWELLING UNITS ON HIS SITE WITHOUT A CONDITIONAL USE APPROVAL. WE ARE ASKING FOR ONE MORE CONDITIONAL USE APPROVAL TO GET THIS PROPERTY INTO COMPLIANCE AND TO CEASE THE LINE OF UNFORTUNATE EVENTS. OKAY, SO GIVEN THOSE STATEMENTS. WE BELIEVE THAT THE CRITERIA AND THE FACTOR OF THIS PARTICULAR USE GOES TOWARDS AND FULFILLS THE REQUIREMENTS AND GOALS OF THE COMPREHENSIVE PLAN. WE BELIEVE WE FIT THAT. LET'S SEE. I THINK WE'VE GOTTEN THROUGH QUITE A BIT OF MY PRESENTATION. SO WE'RE GOING TO KEEP MOVING. INGRESS AND EGRESS AND OFF STREET PARKING AND LOADING AREAS. SO THOSE ARE ITEMS TO BE CONSIDERED THAT WE HAVE NOT YET HIT YET. AND AS WE DISCUSSED IN THE AS WAS MENTIONED BY STAFF, THERE ARE APPROXIMATELY THERE IS A PAVED AREA FOR PARKING. THERE'S THAT ABUTS AND GOES INTO THE PUBLIC RIGHT OF WAY, AND THERE'S APPROXIMATELY SEVEN PARKING SPACES ON THE LOT AS A WHOLE. THEREFORE, WE WOULD ASSERT THAT WE FULFILL THOSE CRITERIA AND THAT THERE IS NO SAFETY AND OR OTHER CONCERN OTHER THAN WE NEED TO GET A REVOCABLE PERMIT TO CONTINUE USING THAT RIGHT OF WAY. OKAY. SIGNAGE AND EXTERIOR LIGHTING. THERE HAS BEEN NO ISSUE. ONCE AGAIN, THIS PARTICULAR BUILDING HAS BEEN IN EXISTENCE SINCE 2022. IN ITS ENTIRETY, THERE HAS BEEN NO COMPLAINTS THAT MR. LEONARD OR I HAVE BEEN MADE AWARE OF, OF ANY ISSUE WITH SIGNAGE OR EXTERIOR LIGHTING. WE, OF COURSE MEET THE OPEN, THE IMPERVIOUS AND AND PERVIOUS RATIO THAT WE ARE REQUIRED TO MEET, AND THE HEIGHT OF THE PROPOSED STRUCTURE IS NOT ANYTHING MORE THAN IS AROUND IT. GIVEN ALL OF THOSE, AND THERE'S THE LIST OF VARIOUS USES WITHIN A 250 SQUARE FOOT RADIUS OF THE PROPERTY. GIVEN THE FACT THAT THIS IS NOT ANYTHING EXTRAVAGANT THAT WE'RE ASKING FOR, GIVEN THAT WE ARE FULFILLING THE REQUIREMENTS AND THE FACTORS THAT NEED TO BE REVIEWED. ADDITIONALLY, ONE MORE FACTOR WE ARE INDEED UP AGAINST A LAKE. THERE ARE, OF COURSE, SOME LEVEL OF DRAINAGE AND STORMWATER THAT NEEDS TO BE TAKEN INTO ACCOUNT HERE. CORRECT. BECAUSE THERE'S THERE'S WATER. ONCE AGAIN, THIS EXISTING STRUCTURE HAS BEEN UP SINCE 2022. THERE HAS BEEN NO COMPLAINTS AND OR INFORMATION PROVIDED TO MR. LEONARD OR MYSELF THAT THERE HAS BEEN ANY DRAINAGE OR WATER QUALITY ISSUES, EITHER FROM THE CITY OR ANYWHERE ELSE. SO THAT IS NOT A PROBLEM AS WELL. ALL RIGHT. I TRIED TO KEEP IT AS SHORT, AS SWEET AS POSSIBLE SO THAT YOU ALL COULD ASK QUESTIONS AND GET INTO THE DETAILS. IF YOU'D LIKE. MY NARRATIVE IS VERY IN DEPTH AS FAR AS EACH FACTOR AND EACH CONSIDERATION. SO IF YOU DO WANT TO LOOK AT WHAT I WROTE, IT'S IN THERE. BUT I AM HAPPY TO ANSWER ANY QUESTIONS. AND ONE OF MY WITNESSES, ROSIE SHEPHERD, UNFORTUNATELY [00:45:05] COULDN'T MAKE IT UNTIL NOW. BUT IF YOU WOULD LIKE TO HAVE QUESTIONS ANSWERED BY HER, WE CAN GET HER SWORN IN AND WE CAN MAKE THAT HAPPEN. ANY QUESTIONS? ANY ANY QUESTIONS FOR THE APPLICANT? WANT TO GO AHEAD AND SWEAR IN ROSE SHEPHERD RIGHT NOW JUST IN CASE? NO OBJECTION. YOU YOU CAN STAY THERE AND RAISE YOUR RIGHT HAND. YOU AFFIRM THE TESTIMONY THAT YOU'RE ABOUT TO PROVIDE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. ALL RIGHT. ANY QUESTIONS FOR THE PETITIONER FROM BOARD MEMBERS? YES, I DO, JUST IN GENERAL, I'M TRYING TO GET A BETTER GRASP OF OF WHAT'S ACTUALLY BEING PRESENTED HERE. ARE WE TALKING ABOUT MOSTLY PRIMARILY THE OUTBUILDING OR PRIMARILY THE ENTIRE STRUCTURE THAT WILL BE RESIDENTIAL UNITS AS WELL? UNFORTUNATELY IT'S BOTH. SO WE HAVE THE SETBACK THAT IS OUTBUILDING ONLY, RIGHT. WE HAVE THE SIZE OF THE OUTBUILDING, OUTBUILDING ONLY. WE HAVE THE PERVIOUS AND IMPERVIOUS DEMONSTRATION, WHICH IS THE ENTIRE SITE. WE HAVE THE VARIOUS FACTORS AS TO WHETHER YOU CAN YOU BELIEVE YOU ALL SHOULD RECOMMEND APPROVAL. THAT'S AS TO THE ENTIRE SITE. WE ALSO HAVE THE DENSITY. THAT'S THE ENTIRE SITE. I BELIEVE THERE WAS ONE MORE FACTOR. LET ME LOOK REALLY QUICK. THE RIGHT OF WAY PERMIT. THE REVOCABLE RIGHT OF WAY PERMIT IS OF COURSE, ONLY AS TO THE AREAS WHERE THE DRIVEWAY, THE EXISTING DRIVEWAY ACCESSES ARE IMPACTING OR IN THE RIGHT OF WAY. SO IT'S BOTH. SO FOR THE THE OUTBUILDING WILL NOT BE USED AS A RESIDENTIAL UNIT. CORRECT. SO THE OUTBUILDING WILL BE USED AS ONE RESIDENTIAL UNIT WHEN ALL THIS IS SAID AND DONE, WHAT WAS ORIGINALLY CONTEMPLATED GOING BACK TO THAT FLOOR PLAN, WHAT WAS ORIGINALLY CONTEMPLATED BACK WHEN, YOU KNOW, THERE WAS A LITTLE BIT MORE ABILITY TO DO DENSITY. YOU HAD THREE UNITS AND THAT'S WHAT'S EXISTING ON THE PROPERTY CURRENTLY. BUT WITH THE CHANGE AND WITH SOME OTHER THINGS THAT WENT ON, THE HISTORY THAT I EXPLAINED, THE WAY TO GET THIS PROPERTY INTO COMPLIANCE IS TO TURN THIS INTO ONE DWELLING UNIT, SO THAT WE CAN HAVE THE DWELLING UNITS THAT ARE EXISTING ON THE PROPERTY AND HAVE THIS OUTBUILDING SERVE ITS ORIGINAL PURPOSE. I'M TRYING TO GET TO THE PROPOSED. IT'S NOT IN MIND, BUT WOULD YOU MIND PUTTING UP THE PROPOSED CONCEPTUAL PLAN FLOOR PLAN THAT WE ARE EXPECTING TO TURN THE EXISTING INTO ONCE WE HAVE APPROVAL FOR THIS CONDITIONAL USE? WHILE SHE'S DOING THAT, WHAT WHAT WOULD BE THE SQUARE FOOTAGE PER UNIT IN THE PROPOSED PLAN? SO THE PROPOSED THIS IS THE PROPOSED PLAN. IT'LL BE ONE UNIT. THERE WILL BE MULTIPLE BEDROOMS. UNLIKE IN THE ORIGINAL VERSION. THE ORIGINAL VERSION HAD A BEDROOM PER UNIT. THIS ONE WILL HAVE, I BELIEVE, FOUR BEDROOMS, IF I'M NOT MISTAKEN, A BATHROOM, TWO BATHROOMS AND A KITCHENETTE. AS FAR AS THE SQUARE FOOTAGE, IT WILL REMAIN THE SQUARE FOOTAGE THAT IT IS RIGHT NOW, WHICH IS 900FT■!S PER UNIT. THAT'S GOING TO BE ONE UNIT, ONE UNIT, ONE UNIT FOR 900FT■!S INSIDE OF THE CURRENT OUTBUILDING. YES, SIR. AND WHAT ABOUT THE REST OF THE THE BUILDING THERE'S GOING TO. SO THE THREE UNITS THAT IT IS RIGHT NOW WILL BE REVISED. INSIDE. THERE WILL BE A REMODELING INSIDE OF THAT 900FT■!S TO MAKE ONE UNIT, AND IT'LL LOOK SOMEWHAT LIKE THIS. THIS IS CONCEPTUAL. WE'RE GOING TO HAVE TO GO THROUGH A BUILDING PERMIT AGAIN TO MAKE SURE THAT WE MEET THE BUILDING CODE CRITERIA FOR THIS EXPECTED STRUCTURE, THE EXISTING STRUCTURE YOU'RE SEEING ON THAT, ON THE TOP PORTION IS THAT HOUSE, THAT SINGLE FAMILY HOME THAT IS ATTACHED OR NOT ATTACHED. BUT IT'S CLOSE. OKAY. THANK YOU. YEP. ABSOLUTELY. CAN I ASK HOW HOW IS THE THE HOW ARE THE STRUCTURES ON SITE BEING USED NOW? CURRENTLY THEY ARE ALL SINGLE FAMILY AND OR DUPLEX RESIDENTIAL OKAY. ARE THEY ARE THEY BEING RENTED? FROM WHAT I RECALL. ROSIE, WOULD YOU MIND ANSWERING THIS QUESTION? YOU HAVE A BIT MORE INFORMATION THAN I DO. COME ON TO THE MIC. I'M SORRY. SORRY. WITH THE TREMENDOUS NEED FOR HOUSING, HE HAS A LONG LIST OF PEOPLE THAT WOULD LOVE TO RENT THEM. BUT NO, THERE ARE NO TENANTS IN PLACE. OKAY. THANK YOU. IF STAFF COULD REITERATE ALSO, RIGHT NOW, THE THE OUTBUILDING DOES NOT HAVE A CERTIFICATE OF OCCUPANCY. SO MR. LEONARD WAS NOT ABLE TO OCCUPY THE UNITS AND HE IS NOT HAVE HAVE THEM OCCUPIED. SO IT'S BEEN SITTING VACANT SINCE 2022 BECAUSE IT CANNOT I MEAN, [00:50:07] THERE'S BEEN SOME DISCUSSION AND THERE'S BEEN SOME OTHER THINGS THAT HAVE GONE ON, BUT IT HAS NOT BEEN A VALUABLE ASSET TO THE PROPERTY BECAUSE OF THAT LACK OF CO, IS THERE ACCESS TO THE BACK BUILDING? THEY HAVE TO HAVE THE CIRCUITOUS ROUTE AROUND? YES. THERE IS ACCESS VIA OKAY. IF WE GO BACK TO MY SLIDES. YES. SO YOU'LL SEE IN THE NORTH EASTERN PORTION, I KEEP FORGETTING IF THERE'S AN ACTUAL. OH, THERE IS ONE RIGHT HERE. THERE IS THAT PARKING AREA. THAT'S THE RIGHT OF WAY THAT PROVIDES ACCESS ALL THE WAY DOWN. AND THEN THERE'S THE SIDEWALK THAT ALLOWS ACCESS TO THE OUTBUILDING, WHICH WILL BE OUR ONE DWELLING UNIT WHEN ALL IS SAID AND DONE. THANK YOU. ABSOLUTELY. I HAVE A COUPLE QUESTIONS. OF COURSE. MR. LEONARD. MISS SHEPHERD, FEEL FREE TO JUMP IN IF WHOEVER'S BEST SUITED TO ANSWER THIS. BUT WHEN WAS THE OWNER BUILDER FIRST PUT ON NOTICE OF THE ZONING ISSUE? SUBSEQUENT TO THE PERMIT BEING ISSUED? I CAME IN A LITTLE LATE TO THIS GAME, SO I WILL HAVE TO HAVE ROSIE, I BELIEVE, OR MR. LEONARD, ANSWER THAT QUESTION. PLEASE COME UP TO THE MIC. NOW. WOULD YOU REPEAT THE QUESTION, SIR? YES, SIR. MY UNDERSTANDING IS THE PERMIT WAS ISSUED INADVERTENTLY OR INCORRECTLY, AND THAT THERE WAS A HOLD UP WITH THE ZONING. WHEN WERE YOU FIRST MADE AWARE OF THAT? HOLD UP WITH THE ZONING OR. WELL, ACTUALLY, WE PUT IN FOR THE PERMIT AS IN 22 WE PUT WE BROUGHT THE PLANS IN. THEY REVIEWED THEM AND THEY GAVE HIM A PERMIT. WHEN THEY GAVE HIM A PERMIT, I ASSUME THAT EVERYTHING WAS READY TO GO. YOU DON'T GIVE SOMEONE A PERMIT AND THEN ASK THEM TO GO GET A CONDITIONAL USE. I'VE BEEN IN BUILDINGS FOR 50 OR 60 YEARS, AND I LEARNED WHEN I WALK UP THERE AND PAY THE CONDITION, PAY EVERYTHING THAT YOU ASK FOR AND GIVE ME MY PERMIT, WE'RE READY TO START BUILDING. SO WE PUT IN AND PUT IN FOR IT IN 22 AND WE BUILD THE BUILDING. AND ALSO, I MUST SAY, WE BUILD EVERYTHING DONE IN ACCORDING TO WHAT YOU ASKED FOR ON THE PLANS. THOSE PLANS, WE WENT DIRECTLY, THEN DELIBERATE FROM ANY OF THE PLANS. YOU REVIEWED THEM. WE DONE EVERYTHING. WE WERE TWO HOURS FROM COMPLETION. THE PERMIT EXPIRED. WE WENT BACK AND GOT ANOTHER THREE MONTHS PERMIT. WHAT WE THEN HADN'T FINISHED UP WAS THE FIRE SPRINKLER. THE FIRE SPRINKLER. PEOPLE ALSO HAD A PERMIT. THE ORIGINAL PERMIT HAD RAN OUT, BUT THE FIRE SPRINKLER PEOPLE HAD A PERMIT TO GO AHEAD AND COMPLETE IT. WE WAS TWO HOURS, TWO, NOT TWO MONTHS OR TWO DAYS, TWO HOURS FROM COMPLETION. AND WE DONE EVERYTHING ACCORDING TO WHAT YOU ASKED FOR. WE DIDN'T WE DIDN'T GO AROUND AND DO ANYTHING DIFFERENT FROM WHAT WAS ON THE PLAN. AND YOU REVIEWED IT. IF I MAY, JUST REALLY QUICK, MR. LEONARD AND MRS. ROSIE, IF YOU HAVE INFORMATION. SO YOU WERE TOLD TO GET A CONDITIONAL USE APPROVAL WHEN, BELIEVE IT OR NOT, I, I HADN'T HEARD OF NO CONDITIONAL USE. THERE IS NO WAY IN WHICH YOU DIDN'T MAKE NO SENSE THAT I WOULD GO AND BUILD A BUILDING AND WANT A CONDITIONAL USE. I WOULD HAVE BROKE IT DOWN AND AND HAVE DONE IT ON THE 437 PROPERTY. I WOULD HAVE BUILT THE TWO ANOTHER ROOM ON THE ADDITION OF 433. I WOULD HAVE ADDED ON THERE BECAUSE BUILDING IS WHAT I DO. I HAD NEVER HEARD OF NO CONDITIONAL USE PERIOD. THANK YOU, MR. LEONARD. SO TO TRY AND ALSO ANSWER MR. GERARD IN MARCH, I THINK IN MAY OF 2025, IF I'M CORRECT, THERE WAS A CONDITIONAL USE APPLICATION DONE ON BEHALF OF MR. LEONARD PRIOR TO ME COMING ON BOARD. OH, THAT'S THE WRONG. GOING BACK. COULD YOU PLEASE PUT UP MY SLIDES, PLEASE? THANK YOU, MRS. KUGLER. IN MY SLIDES, I HAVE A DATE. THAT IS THE ORIGINAL CONDITIONAL USE APPROVAL THAT WAS BROUGHT IN PRIOR TO MY GETTING INVOLVED. AND IT STATES, I BELIEVE MAY OF 2025, I'M GOING TO ACTUALLY MARCH. THERE WE GO. CONDITIONAL USE APPROVAL ON OR ABOUT MARCH 26TH, 2025, AND I HAVE A PICTURE OF IT [00:55:04] THERE WITH THE VARIOUS REQUESTS, YOU KNOW, DONE IN A BOX WHERE WE MR. LEONARD ASKED FOR VARIOUS THINGS, INCLUDING RELIEF FROM PARKING, RELIEF FROM DENSITY AND SOME OTHER, AND THE PERMIT 21 ITEMS. SO. ACCORDING TO MR. LEONARD'S TESTIMONY, HE DIDN'T KNOW UP UNTIL MARCH 26TH, 2025, WHEN HE PUT IN A CONDITIONAL USE APPROVAL REQUEST, IF I MAY ADD. SO WHEN I INITIALLY. SO AT ONE TIME THIS PROPERTY WAS FOR SALE, AND WHEN I INITIALLY TOOK THE LISTING, I REACHED OUT TO DARCY PILARSKI WHO WAS AT THE BUILDING DEPARTMENT. I ALSO OWN A ROOFING COMPANY, SO I UNDERSTAND IF SOMETHING DOES NOT GO WELL WITH PERMITTING. IF ONE OF MY DOCUMENTS OR EVEN A METHOD OF INSTALLATION IS NOT CORRECT, I HAVE TO RESUBMIT AT THE PERMIT. I HAD A PERMIT IN MY HAND WITH ALL OF THESE INSPECTIONS FROM PRE-PORE ALL THE WAY TO, YOU KNOW, THE SHEATHING, EVERYTHING HAD PASSED, WRITTEN, PASSED ELECTRICAL PASS, YOU KNOW, WIRE LAUGH PASS. AT WHAT POINT? YOU KNOW. SO I ASSUMED, OH, WE'RE GOOD TO GO. AND DARCY HAD SAID VERBALLY ON THE PHONE TO ME, IT'LL BE NO PROBLEM FOR YOU TO REOPEN THIS PERMIT. SO. AND YOU KNOW, WHY WASN'T IT RED TAGGED AT THAT TIME? IF I WAS DOING SOMETHING THAT THE TOWN DIDN'T LIKE WITH MY ROOFING COMPANY, IF IF I SHOULDN'T HAVE BEEN PROCEEDING WITH SOMETHING, I AM TYPICALLY RED TAGGED AND KNOW IMMEDIATELY. THERE'S NO QUESTION BUILDING STOPS SO THAT YOU KNOW, WAS OF CONCERN. SO WE ARE HERE TO, LIKE I SAID, FIX A SERIES OF UNFORTUNATE EVENTS, ONE THAT STARTED BACK IN 2021 AND IS JUST NOW COMING TO THE POINT OF POTENTIALLY BEING ABLE TO BE RESOLVED WITH YOUR ALL'S HELP. UPON REVIEW OF THE FACTORS REQUIRED UNDER THE CODE, UPON THE REVIEW OF THE FACTS OF THIS MATTER, WE WOULD ASK THAT YOU GIVE A RECOMMENDATION OF APPROVAL FOR THE VARIOUS ITEMS IDENTIFIED, SPECIFICALLY ALLOWING ONE EXTRA DWELLING UNIT ON THIS PROPERTY, ALLOWING A RELIEF FROM FIVE FROM A TEN FOOT SETBACK TO A FIVE FOOT FOOT SETBACK ON THAT BACK PORTION, ALLOWING A ABILITY TO DO A REVOCABLE RIGHT OF WAY. PERMIT DEMONSTRATION. AND, YOU KNOW, A FINAL, YES, A FINAL BLESSING OF THE IMPERVIOUS SURFACE AREA. AND THEN FINALLY ALLOWING FOR THAT EXISTING OUTBUILDING, WHICH ADMITTEDLY, FOR ONE OUTBUILDING IS TOO BIG BUT IS SMALLER THAN THE OVERALL SQUARE FOOTAGE FOR TWO, WHICH IS ALLOWED UNDER THE CODE. WE ARE HERE TODAY TO ASK YOU FOR THAT RELIEF, SO THAT WE CAN THEN GO ON TO A BUILDING PERMIT TO CREATE THE ONE DWELLING UNIT THAT WAS PRESENTED EARLIER. BUT WE CAN'T DO THAT UNLESS WE GET THROUGH THIS. ANY OTHER QUESTIONS FOR THE APPLICANT? SORRY. GO AHEAD. THE QUESTION I ASKED ORIGINALLY WAS WHEN WERE YOU GUYS FIRST MADE AWARE THERE WAS AN ISSUE BASED OFF OF THE TESTIMONY, PROVIDED HE WAS NOT AWARE UNTIL WE MADE. THERE WAS AN APPLICATION WE RESUBMITTED FOR THE PERMIT TO BE REOPENED TO BE ABLE TO CLOSE IT OUT, OR WE HAD ATTEMPTED TO AND THAT'S WHEN WE WERE INFORMED. SO THIS IS YEARS AFTER ALL OF THESE INSPECTIONS HAD PASSED. SO I WOULD SAY 20, 23 OR 24, 24, I WANT TO SAY THE FIRST MEETING THAT HAPPENED SO WE COULD FIGURE OUT EXACTLY WHAT WAS GOING ON WAS THAT IN MAY OF 2024, WITH MIKE MORTEL AND LEE BAGGETT. YES. AND SO THAT IS IN YOU KNOW, WE DID HAVE THAT SIT DOWN MEETING. AND THAT'S WHEN HE WAS INFORMED ABOUT NEEDING TO DO FIRE SPRINKLERS. RIGHT? YES. THE BUILDING WAS FINISHED WHEN I FIRST HEARD ANYTHING ABOUT THE CONDITION OF USE, THE BUILDING WAS FINISHED AND ALL WAS LEFT WAS THE FIRE SPRINKLER. OTHER THAN THAT, WE HADN'T HEARD ANYTHING ABOUT IT. AND THEN THEY HAD HIM PULL A FIRE SPRINKLER PERMIT AT THAT TIME, FOR THE UNITS THAT ARE ARE EXISTING. OKAY. UNDERSTOOD. AND THESE UNITS HAVE SAT EMPTY. THEY HAVE NOT BEEN UTILIZED AS RESIDENTIAL UNITS SINCE CONSTRUCTION IN 22. SO YOU'VE LOST THREE YEARS OF OF RENTAL INCOME AS A RESULT OF THE [01:00:03] IMPROPER PERMIT. THE 2021 PERMIT OKAYED THE FIVE FOOT SETBACK AND THE 900FT■!S, SUBJET TO THE APPROVAL THAT YOU THOUGHT YOU HAD. YES. SETBACK. WE HAD ENOUGH SETBACK UNTIL THE EVERY THE CODE OR EVERYTHING WAS CHANGED AFTER. BE HONEST WITH YOU, I THINK I SHOULD HAVE BEEN GRANDFATHERED IN. THAT'S WHAT WE GOT OUR PERMIT ON THE SETBACK THAT WE ORIGINALLY STARTED WITH UNTIL EVERYTHING WAS CHANGED WITHOUT ANY NOTICE TO ME WHEN I DIDN'T KNOW THEY WAS EVEN CHANGING IT, I UNDERSTOOD. AND I AM NOT IN THE CONSTRUCTION INDUSTRY, SO I'M SORRY IF THIS IS KIND OF DUMB QUESTION TO ASK, BUT AS IT SITS IT LOOKS LIKE IT'S THREE SMALLER UNITS AND THE GOAL IS TO CONVERT IT TO A SINGLE LARGER UNIT, BUT IT'S GOING TO HAVE FOUR BEDROOMS INSTEAD. YES, SIR. AND ARE THOSE BEDROOMS GOING TO BE RENTED INDIVIDUALLY OR WILL BE RENTED AS ONE FOUR BEDROOM HOUSE DUPLEX? WELL, ACTUALLY WE'RE PROBABLY JUST GOING TO MAKE IT ONE. I HAVE DECIDED TO PROBABLY MOVE MY GRANDKIDS IN THERE WHERE THEY HAVE MORE ROOM FOR THEM. YOU KNOW, THEY'RE YOUNG AND TRYING TO FINISH SCHOOL AND ETCETERA, SO THEY WILL HAVE SOMETHING NEW, A A SOUND BUILDING CONSTRUCTION, WELL BUILT. SO I WILL PROBABLY MOVE THEM IN THERE AND LET THEM LIVE IN THERE. UNDERSTOOD. AND JUST FOR YOUR BENEFIT, IF INDEED AT SOME AND I'M NOT THAT IS NOT MR. LEONARD'S STYLE, NOR IS IT, YOU KNOW, WHAT WE WOULD CONDONE. BUT IF INDEED SOMEONE STARTED TO RENT OUT THE ROOMS THEMSELVES, THE CITY WOULD HAVE EVERY RIGHT AND ABILITY TO CODE ENFORCE AGAINST MR. LEONARD OR WHOEVER WAS OWNING THE PROPERTY AT THAT TIME. THANK YOU VERY MUCH. THOSE ARE ALL THE QUESTIONS I HAVE. THANK YOU SIR. ANYBODY ELSE FOR QUESTIONS? I DON'T HAVE ANY. I HAVE JUST ONE COMMENT. KNOWING THE FACT THAT OUR BOARD IS JUST AN AN ADVISORY, WE WE MAKE THE RECOMMENDATION. BUT THE FINAL SAY IS NOT WITH US. SO I WAS HERE WHEN YOU CAME BEFORE AND MADE YOUR PRESENTATION. SO THAT LIST OF UNFORTUNATE CIRCUMSTANCE, I'M AWARE OF IT. AND WE DO NEED AFFORDABLE HOUSING IN OUR COMMUNITY, AND IT WOULD BE A SHAME TO NOT ALLOW IT TO GO FURTHER. THANK YOU SIR, I HAVE A FEW QUESTIONS. SO WHAT ARE THE PURVIEWS VERSUS NON PERVIOUS NUMBERS EXACTLY. SO IT'S IN THE SURVEY THAT WAS ATTACHED AS A PART OF THE APPLICATION. BUT WHAT ARE THEY. CAN I GET THE NUMBERS. YES IT'S AT LEAST 25%. IS IT 25% ON THE NOSE. WELL ACTUALLY IT CAN'T. IMPERVIOUS SURFACE AREA I BELIEVE IS A MAXIMUM OF 75%. SO IT HAS TO BE 25% CAN BUILD ON 75%, BUT 25% HAS TO DRAIN I GUESS. SO WHAT ARE THE NUMBERS? THE NUMBERS ARE ON THE SURVEY THAT ARE PART OF THE APPLICATION PACKET. I DO NOT HAVE A COPY WITH ME. DOES ANYONE KNOW WHAT THE NUMBERS ARE? BUT I'M SURE THAT WE CAN PULL IT UP FOR YOU. SO ARE YOU LOOKING FOR THAT? SO I'M HAVING A I'M HAVING A HARD TIME UNDERSTANDING THIS. SO THE APPLICANT IS SAYING THAT I JUST HEARD HERE THAT. THE 900 FOOT SQUARE, 900 SQUARE FOOT BUILDING, THAT A 700 WAS APPROVED AND THE FIVE FOOT SETBACK INSTEAD OF THE TEN FOOT SETBACK WAS APPROVED TO GET THE PERMIT, IS THAT IS THAT WHAT YOU'RE SAYING? WHAT I'M SAYING IS THAT THE BUILDING CHANGE AFTER THAT. IS THAT. WHAT IS THAT WHAT I HEARD YOU SAY? THE DENSITY IS ABSOLUTELY CHANGED. THE DENSITY AVAILABILITY ABSOLUTELY CHANGE IN SEPTEMBER OF 2020, THAT NUMBER. SO SOMEONE CHANGED THE RULES ON SETBACKS FROM THE TIME YOU GOT YOUR PERMIT. SO PLEASE COME TO THE PLEASE COME TO THE MIC. ORIGINAL. WE WAS ABLE TO PUT SEVEN UNITS ON THAT PROPERTY WITH NO PROBLEM. MATTER OF FACT NOW JUST A SETBACK. SO FROM 5 FOOT TO 10 FOOT TO FIVE FOOT. YES. AT FIVE FOOT WE WAS ABLE TO BUILD THAT BUILDING ON A FIVE FOOT SETBACK. ORIGINAL ORIGINAL. WE WAS ABLE TO PUT SEVEN UNITS OR EIGHT UNTIL THE CODE WAS CHANGED AFTER THE BUILDING. OKAY, SO PUT UP. SO YOU WERE APPROVED FOR FIVE FOOT AND THEN AT SOME POINT THE CITY CHANGED THE RULES? YES. THE BUILDING WAS UP THERE. WHAT YEAR WAS WHAT YEAR WAS THAT? IT WAS THAT PART OF THE WHOLE REDISTRICTING OR SOMETHING? IT [01:05:05] IT WAS SO THERE WAS A AND IT SAYS IN THAT TIME, IN THAT TIME FRAME WHEN THEY HAD CHANGED THE CODE, IF SOMETHING IS DONE TO, TO SUBSTANTIAL COMPLETION, IT SHOULD BE GRANDFATHERED. IT SHALL BE GRANDFATHERED IN. OKAY, I GOT YOU. SO BUT YES, HE WENT FROM PERMIT ISSUE THE FROM 10 FOOT TO 5 FOOT SETBACKS OCCURRED AFTER YOU GUYS. CORRECT. OKAY, I GOT YOU I GOT YOU. VERY GOOD. ALRIGHT. AND SO YOU'RE TURNING THIS INTO ONE UNIT. SO WHY ARE YOU ASKING FOR FIVE? OR IF THE ZIP GOES AWAY YOU GET A SEVEN UNITS. WHY ARE YOU ASKING FOR 5 OR 7 UNITS IF YOU'RE ONLY GOING TO DO ONE? OKAY. SO RIGHT NOW, ACCORDING TO THE PROPERTY APPRAISER'S WEBSITE, THERE ARE EIGHT UNITS ON THE PROPERTY. IF WE TAKE AWAY 7 OR 7, THERE ARE SEVEN UNITS ON THE I DON'T. SO THE PROPERTY APPRAISER SAYS EIGHT. I'M NOT SURE WHY. HOWEVER, THERE ARE SEVEN UNITS BASED OFF OF WHAT'S ACTUALLY BEING DONE. WE'RE GOING TO WORK ON THAT WITH THE PROPERTY APPRAISER. THAT IS NOT UP TO YOU GUYS TO FIGURE OUT. BUT SO WITH THE I'M SORRY IN THE IN THE TWO BUILDINGS, THE, THE OUTBUILDING AND THE ORIGINAL STRUCTURE. SO THERE'S LIKE 7 OR 8 RENTAL UNITS IN THOSE TWO BUILDINGS. NO, THEY'RE NOT RENTALS. OKAY. BUT YOU SAID UNITS. YES. YES. SO ORIGINALLY THEY'RE NOT INDIVIDUAL HOUSES. YES. SO ORIGINALLY THIS WAS RAILROAD WORKER HOUSING BUILT IN 1924. THE TWO ORIGINAL STRUCTURES. AND THEY ARE BOTH DUPLEXES. ONE HE HAD ONE MODIFIED I, I DON'T REMEMBER THE DATE, BUT HE DID HAVE MODIFICATIONS TO THE. TO THE SOUTHERN ONE. NOW ON THAT. SO THOSE ARE FOUR UNITS. AND THEN THE NEW UNIT THAT HE HAD CONSTRUCTED HAD THREE INDIVIDUAL AT 300 SQUARE FOOT EACH. THE ORIGINAL. OKAY. PARDON ME. YES, SIR. YES, SIR. OF COURSE. WHAT AM I LOOKING AT HERE, SIR, IF YOU SEE WHAT EIGHT UNITS YOU'LL SEE WAS SIGNED BY COMMISSION. BACK IN SIX. THOSE WHAT I WAS QUALIFIED FOR. UNTIL YOU CHANGE IT. IT SAYS EIGHT UNITS. HE SIGNED IT. JODY SIGNED IT. SO? SO OVERNIGHT. SO THERE'S A BOTTOM LINE HERE. SO THIS CONSTRUCTION WAS GOING ON DURING A TIME PERIOD WHEN THE RULES CHANGED. YES OKAY. THAT'S OKAY. NOW I UNDERSTAND IT OKAY NOW I UNDERSTAND. ALRIGHT. SO NOW THE THE FLOODING AND YOU BACK IN THAT BUILDING UP TO THE LAKE THERE BECAUSE THAT'S WHAT LOOKS LIKE FROM THE SKY. SO YOU'RE AND YOUR BASIS FOR YOU DON'T HAVE A PROBLEM IS YOU HAVE HAD NO FLOODING SINCE 2022. NOW I CAN TELL YOU THIS. I'VE LIVED I'VE MOVED BACK TO THE CITY OF STEWART PROBABLY 11 YEARS AGO, AND IN 11 YEARS THERE HAVE BEEN THREE EVENTS. THOSE EVENTS WERE EITHER HAVE A HURRICANE OR TROPICAL STORM, AND WE GET CAUGHT IN ONE OF THE FEEDER BANDS FOR 4 OR 5 HOURS, AND WE GET 7 OR 8IN IN FOUR HOURS. THAT'S HAPPENED THREE TIMES IN THE PAST 11 YEARS. IT HAS NOT HAPPENED SINCE 2022. SO TO SAY YOU'LL NEVER HAVE A FLOODING ISSUE WITH THAT BUILDING RIGHT THERE IS BEYOND MY MY TRAIN OF THOUGHT. SO ALL MY OTHER QUESTIONS ARE ANSWERED BECAUSE BOTTOM LINE, YOUR 900 SQUARE FOOT WAS APPROVED. YOUR FIVE FEET SETBACK WAS APPROVED, AND THEN THEY CHANGED THE RULES ON YOU. WELL, WHILE YOU'RE BUILDING AND BEFORE YOU GOT YOUR COE, IS THAT WHAT'S GOING ON HERE? YES, SIR. SO TO FINISH UP WITH THE IMPERVIOUS VERSUS PERVIOUS, I BELIEVE WE HAVE. DO YOU HAVE THE NUMBERS? CAN I INTERJECT REAL QUICK? OKAY. THANK YOU. WE'RE PUTTING UP A DISPUTE. THAT'S NOT EVEN AN ISSUE HERE TODAY, OKAY? WE'RE NOT SEEKING SEVEN UNITS. SO WHATEVER YOU'RE SAYING APPROVED IN THE PAST. THE STAFF HAS A DIFFERENT STORY, BUT WE'RE NOT EVEN GETTING. WE DON'T WE'RE NOT EVEN GETTING THERE. I MEAN, IT'S THE ISSUE IS THEY'RE PROPOSING FIVE UNITS. THEY'RE ALLOWED FOUR. OKAY. THEY COME BEFORE THE COMMISSION AND YOU GUYS TO GET FIVE. AND THAT'S WHAT'S AT ISSUE, THE 7 OR 8. AND THERE'S ALREADY THERE'S ALREADY THERE'S ALREADY FOUR IN THE ONE BUILDING. AND THERE'S ASKING FOR ONE MORE RIGHT NOW. RIGHT. SO THEY CAN. SO OKAY I GOT YOU. SO I HAVE TWO DUPLEX. HOLD ON. THEY GOT TWO DUPLEXES AND AN OUTBUILDING. GOTCHA. ISSUE IS THE OUTBUILDING. THEY HAVE THREE UNITS WHICH IS SEVEN. THEY'RE GOING TO COMBINE IT TO MAKE IT ONE. SO GOTCHA. GOTCHA. MY BAD I HAD THIS VISION OF THEM TURNING THOSE THREE INTO INTO SEVEN. NO, SIR. OKAY. VERY GOOD. SO THE FOUR ALREADY ALREADY EXISTING. SO TO FINISH [01:10:03] UP WITH THE IMPERVIOUS. IMPERVIOUS OR AT LEAST TO ANSWER YOUR QUESTION, I BELIEVE THAT MRS. COOGLER HAD THAT UP RIGHT BEFORE WE CHANGED TO THE AERIAL. AND I'D LIKE TO GO AHEAD. AND I'M GOING TO WALK UP REALLY QUICK TO GET THOSE NUMBERS BECAUSE, OKAY, GREAT. BECAUSE I CAN'T READ THEM FROM HERE. LET ME ZOOM. IT ACTUALLY SAYS 64. SIX 64.67%, 64.67 TEN IMPERVIOUS. REMEMBER OUR IMPERVIOUS IS WHAT YOU GOT. 64. YES. OKAY. VERY GOOD. OUR MAXIMUM 75. I'M GOING TO GO AHEAD AND SAY IT AGAIN FOR THE MICROPHONE AND FOR THE PEOPLE LISTENING AT HOME. 64% IN CHANGE IS IMPERVIOUS ON THAT SURVEY. AND WE HAVE A MAX UNDER THE CODE OF 75%. THEREFORE WE MEET THE IMPERVIOUS AREA REQUIREMENT. SO WE HAVE A, A A BUILDING THAT WAS, IS WAS LEGALLY APPROVED WHEN YOU STARTED IT AND THEN BECAME ILLEGAL BECAUSE OF LET'S NOT USE THOSE TERMS BECAUSE OKAY. YES, SIR. ALRIGHT. BUT NOW AT LEAST I NOW KNOW WHAT TO UNDERSTAND AND WHY THERE'S A DIFFERENCE BETWEEN WHAT HAPPENED HERE. NOW UNDERSTAND HOW IT HAPPENED. THAT'S GOOD. YES, SIR. OKAY. I APPRECIATE IT, REGARDLESS OF HOW IT HAPPENED, WHOSE FAULT IT IS. WE'RE NOT HERE TO PLAY THE BLAME GAME. WE'RE HERE TO FIND A WAY TO MAKE THIS COMPLIANT SO THAT MR. LEONARD CAN USE HIS PROPERTY, BUT FULFILL THE NEEDS OF THE CITY IN HAVING PEOPLE TREATED, PER THE CODE. SO WE'RE HERE TODAY TO HOPEFULLY HAVE YOU ALL RECOMMEND APPROVAL ON THESE CHANGES. ANY STAFF RESPONSE? ARE YOU GOOD? NO, SIR. OTHER THAN WE DID PLACE A RED LINE VERSION OF THE RESOLUTION THAT WAS A LITTLE BIT DIFFERENT FROM YOUR PACKET. OKAY. AND I CAN GO THROUGH EACH PAGE. SOME OF THAT WAS JUST CLARIFICATION ON THE ADDRESS AND ALSO SOME OF THE PETITION VERSUS APPLICANT. BUT I THINK THEY'RE VERY MINOR IN CHANGES. THEY'RE STILL THE SAME REQUIREMENTS FOR THE CONDITION OF APPROVALS. ANY REBUTTAL FROM THE PETITIONER TO THE STAFF? WE HAVE WORKED ON THIS PARTICULAR RESOLUTION. THESE CHANGES WERE BROUGHT TO ME AHEAD OF TIME. I AM OKAY WITH THE CHANGES THAT ARE INDICATED AND HAVE GIVEN APPROVAL VIA EMAIL. MR. LEE BAGGETT HAS A CLEAN COPY IF YOU ALL WOULD LOOK AT. IF YOU ALL WISH TO LOOK AT IT AFTER MR. MRS. COOGLER GOES THROUGH THE VARIOUS CHANGES. ONE THING FURTHER AND THIS THIS AGAIN IS ME BEING THE NEW GUY. BUT THERE WERE THREE STAFF RECOMMENDATIONS ABOUT CONDITIONS OF APPROVAL. HOW DO WE INCORPORATE THAT INTO WHAT WE'RE ACTUALLY VOTING ON OR ATTACH THAT TO THE ISSUE? SO I THINK I'LL LET THE CITY ANSWER THAT. ONE BOARD MEMBER. WE WE ACTUALLY, IF YOU RECOMMEND THE RESOLUTION AS SUBMITTED WITH THE CONDITIONS OF APPROVAL, THAT WILL FOLLOW SUIT WITH THE GOING MOVING FORWARD TO THE CITY COMMISSION WITH THOSE THREE CONDITIONS, THEY'RE ACTUALLY OUTLINED IN YOUR RESOLUTION AS WELL. OKAY. SO THE THE THE RECOMMENDATION RECOMMENDED CONDITIONS ARE ALREADY BAKED INTO THE RESOLUTION. YES, SIR. THAT IS ON PAGE. THANK YOU. CORRECT. AND THEY WERE NOT EDITED. THEY WERE NOT PART OF THESE EDITS THAT WE TALKED ABOUT. THEY'RE ON PAGE 11 JUST FOR YOUR REFERENCE THAT ON THE OUTLINE VERSION THAT I GAVE YOU. THANK YOU. SO IF YOU JUST IF I MAY AND OF COURSE THE CITY CAN CORRECT ME IF I'M WRONG, IF YOU ALL DECIDED TO ADD OTHER CONDITIONS, YOU CAN APPROVE, YOU CAN APPROVE WITH CONDITIONS OR RECOMMEND APPROVAL. RECOMMEND APPROVAL WITH WITH, YOU KNOW, JUST APPROVAL, RECOMMEND APPROVAL WITH CONDITIONS AND OR RECOMMEND DENIAL IF YOU DECIDE TO RECOMMEND APPROVAL WITH CONDITIONS. THOSE CONDITIONS WOULD BE POTENTIALLY ADDED TO EXHIBIT D OF THE RESOLUTION. OKAY, ARE WE DONE HERE? ANY MOTIONS FROM THE BOARD TO APPROVE OR DISAPPROVE THIS CONDITIONAL USE PERMIT? APPROVE THE RESOLUTION WITH THE ATTACHED CONDITIONS. I SECOND THE MOTION. I HAVE A I HAVE A MOVE TO APPROVE AND A SECOND I'M GOING TO CALL THE ROLL. PUBLIC COMMENT. ANY PUBLIC COMMENT? I'M SORRY. PUBLIC COMMENT I HAVE NONE. ALL RIGHT. YES, SIR. COME ON. YOU COME ON UP. LONG TIME NO SEE. IT'S OVER THERE. YEAH. MY NAME IS JAMES CHRISTIE. I AM LIVING PORT [01:15:07] SAINT LUCIE AND AM A PROPERTY OWNER IN EAST STUART. AND AS FAR AS I'M CONCERNED, AND MANY MEMBERS FROM THE COMMUNITY, WE BELIEVE THAT THIS SHOULD GO THROUGH WITHOUT ANY PROBLEM. MR. LEONARD AND HIS FAMILY ARE INSTRUMENTAL IN NOT ONLY EAST STUART, BUT JENSEN BEACH AND MARTIN COUNTY HAVE A GOOD REPUTATION, AND WHAT HE HAS WENT THROUGH WITH THIS IS JUST UNREASONABLE, AND WE FEEL THAT THAT SHOULD BE APPROVED WITHOUT ANY PROBLEM AND WE ARE FOR IT. THANK YOU. THANK YOU SIR. I'M GLAD I FINALLY UNDERSTAND IT IN MY MIND BECAUSE JUST READING WHAT I WAS READING IN THE PROPOSAL, IT WAS LIKE, THIS IS A BIG JOHN MCENROE. LIKE MR. LEONARD, YOU CANNOT BE SERIOUS. RIGHT? AND THEN I FIND OUT WHAT, HOW HOW IT ALL WENT DOWN. THAT MEANT A LOT TO ME. OKAY, SO I'M GOING TO CALL THE ROLL BOARD MEMBER. DEBORAH. YES. BOARD MEMBER. MUNROE. YES. BOARD MEMBER. WHALEN. YES. VICE CHAIR. MOZER. YES. CHAIRMAN. CHRYSTAL. YES. BOARD MEMBER. JAMES. YES. THANK YOU VERY MUCH. THANK YOU VERY MUCH, MR. LEONARD. SORRY FOR YOUR DURESS. THREE YEARS OF TROUBLE. YEAH. YEAH I DO. ALL RIGHT. ANY STAFF? NO STAFF UPDATE. ALL RIGHT. I MOVE THIS MEETING TO BE * This transcript was compiled from uncorrected Closed Captioning.