Local Planning Agency - Regular Meeting

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e e are we missing anybody guess that makes it all righty roll call please chair Loren here Vice chair Peterson here board member bus board member bramfield board member Strom here board member vogle here thank you very much if we will all stand for the Pledge of

Allegiance 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 thank you would anyone like to make a motion to approve the agenda for this evening I'll make a motion second all in favor I I any opposed all right wonderful um comments from the public on non-agenda related it items we have done but if we could get an approval for the minutes oh sorry I'm skipping ahead all right would anybody like to approve the minutes from our meeting on 26 2025 move approval second all in favor I I any opposed all right fantastic all right public comment we have none on non-agenda items right all right fantastic comments from the board members on non-agenda items I had one comment that I was going to make really quick I know that in the past like when this first came up um before it got postponed we'd gotten emails and stuff about it um from the public and then I know on other items we've gotten emails from the public but like on the zip when that came forward we did not get those emails so I guess I'd like a consistent policy on always seeing what the public is saying whether they're asking for the like I don't know if we only get them if the LPA is specifically addressed and on those items they were addressed or I'm not really sure how it works but it felt like at the zip last time that maybe there were emails that we didn't know about I don't know if that's it's a very valid point yes so we will make we will make do you have a recommendation do you are there a lot of notes that you get that we don't get uh not typically the zip was a little bit different so I do apologize okay okay because I know when we had the Costco when I was here we got all those emails so in the future if we

have something like that we'd very much want to receive them I con I completely agree okay thank you very much all right before we start this I want to state that the um people that did pres that are about to present they did present to me ahead of time in the um conference room here does anybody else have that happen too yes I did at my office that applicant I have to apologize I did get an email request from someone and I I and I did not respond I intended to but I'm sorry I apologize okay thank you thank you I met with the applicant I met met with staff and I met with Mr kedy and you know talked to members of the public so okay fantastic sir did you meet with anyone no okay fantastic all right action item number two Eden Mar Stewart small scale comprehensive L plan future land use map Amendment legislative RC ordinance number 2535-b small scale comprehensive plan future land use map Amendment as defined in FS1 163 do 3187 amending the comprehensive plan future land use map for an approximate 22.7 6 acre parcel from commercial to the neighborhood special district future land use designation amending the future land use map providing for conflict providing for severability providing for an effective date and for other purposes okay okay uh good evening board members my for the record my name is Jody cougler I'm the development director for the city of Stewart tonight I'll be presenting agenda item number two submitted by hja Design Studios LLC and MacArthur Summers PA on behalf of the property owner Mar Stewart retail number

two LLC the smallscale comprehensive plan future land use map amendment is a legislative agenda item the smallscale comprehensive plan plan future land use map Amendment petition was properly noticed before the local planning agency meeting held on January 16th 2025 pursuant to the public notice requirements outlined under section 11.2.5 of the city of Stewart Land Development code and the local planning agency voted to continue the agenda item to tonight's public hearing the initial public notice packet is attached to the agenda item for your reference the 22.7 6 acre subject parcel is on the west side of Southeast Federal Highway just south of Lowe's Home Improvement and approximately 12200 feet north of the intersection of Southeast pomoy and Southeast Federal Highway the vacant parcel was previously approved as the marketplace of Stuart cpud which is granted by the city Commission in 2012 via ordinance number 22 44-23 however oh I'm sorry 2012 not 2013 however these development approvals expired between December 2018 and J June 2019 the subject parcel and properties to the north and south are Zone commercial planed unit development the properties on the east side of Southeast Federal Highway are zoned commercial planned unit development business General and residential planned unit development the properties to the west of the subject parcel are within the unincorporated Martin County and is designated by the County's residential plan unit development zoning District the subject parcel and prop property to the north south and east are

designated by the city of Stewart comprehens commercial future land use the properties to the West are within unincorporated Martin County and designated by the County's commercial office residential and low and density future land use this map depicts the 35 Acres of Eden Mah Stewart cpud outlined in yellow with the 22.7 six acres designated by the neighborhood special district future land use and 12.31 acres under the commercial future land use designation the neighborhood's special future land use classification is established by the can CP also known as the Costco CP located on the east side of South caner Highway in the aval and plan development adjacent to Green River Parkway and Baker Road in State Road 707 according to the city of Stewart future land use element number one the future land use designation is predominantly associated with the sale rental and distribution of prod products or the performance of professional and nonprofessional services including retail sales service establishments Business and Professional offices shopping centers financial institutions restaurants entertainment temporary lodging and a limited amount of multifamily residential indoor industrial uses Mak use projects public facilities and electric distribution substations are also permitted the smallscale comprehensive plan land use map Amendment requests a change to the underlying commercial future land use for the 22.7 six acre parcel to neighborhood special district

allowing a maximum residential density of no more than 10.9 dwelling units per acre for the overall 35.7 acre Eden Marsh Stewart CPD as approved via ordinance by the city commission sorry hold up sorry let me just get back to my [Music] notes apologize the neighborhood special district is a mi mixture mixed future land use category allowing residential commercial and Recreation land uses that seek to achieve a functional vertical or horizontal mix of uses includes a mix of residential and commercial or office the uses may be mixed within a single building or a single site provided that impacts from different uses are mitigated through the Urban Design techniques public facilities and electric distribution substations are also permitted the requested future land use map Amendment from commercial to neighborhood special district would provide an increase in the floor area ratio as well as the increase inrease in the maximum allowable density and intensity for residential and nonresidential development according to the comprehensive plan future land use policy 1. a7.2 residential densities development intensities and priation use amounts are outlined for each future land use category in a table of land use Des densities and intensities I think it's important to mention that the density and intensity in floor area ratio thresholds very based on whether or not the site is within the City's community

community redevelopment area this site is not located within the city's CRA this table has been condensed for discussion purposes hold on one second I hold on one second we just thank you um okay when uh according to the comprehensive plan oh I apologize let me just back up lost my place uh when located outside the CRA the commercial land use provides up to 10 dwelling units per acre with the maximum floor area of area of 1.5 and requires between 85 and 100% of the site to be utilized for nonresidential intensities and up to 15% of the site for residential intensities where whereas neighborhood Special Districts allow up to 15 dwelling units per acre and a maximum floor area ratio of two requiring between 10 and 70% of the site to be utilized for non-residential intensities in between 30 to 90% for residential intensity according to the comprehensive plan policies provided under objective 1 F1 the development standards of for the neighborhood special district land use requires that not less than 30% of the s's land area shall consist of residential uses and not less than 10% of the site shall consist of non-residential and non-residential land uses any intensity or in intensity and densities approved under the neighborhood special district future land use require sub subsequential evaluation from staff and approval by the city commission to amend the density intensities previously approved under the planed unit development these comparison tables break down the

maximum buildout potential for residential densities and intensities within the commercial and neighborhood special future land use designation for the 22.7 6 acre subject site parcel these next tables provide a breakdown for the maximum buildout for potential for nonresidential intensities within the commercial and neighborhood special district designation for the the 22.7 6 acre parcel this also shows the breakdown on the proposed intensity and floor area ratio analysis for the non-residential for the 22.7 6 Acres the land mass was measured at 12.73% 49 units at 100% intensity and 991,50 194 ft of commercial the site is within Martin County's urban service boundary and existing infrastructure is currently available for this development through the county as a condition of the major cpud Amendment the applicant will be required to have all the utility plans reviewed and approved by Martin County utilities before submitting permits with the the city of Stuart building department the applicant also provided a pre-application letter from the Department of from the Florida Department of Transportation conceptionally approving the development proposal however the pre-application expired on September 20th 2024 an applicant will be required to submit an updated pre-application letter from fdot before submitting a site permit of site permit of building permits within the city of Stewart all improvements proposed Within and the Southeast

Federal Highway RightWay will be required pering with Florida Department of Transportation the the applicant also submitted a Capacity Analysis with the Martin County School District which is utilized by the school board to determine that there's proposed development complies with the review policies outlined under the interlocal agreement between Martin County the city of Stewart and the school board for future facilities sitting the school board Capacity Analysis indicates that the elementary middle and high school enrollment is projected to meet the concurrency level of service capacity the future land use Amendment also has been reviewed and received approval from the city of Stewart building Public Works planning and fire department as well as the city's traffic environmental and Engineering Consultants at Kenley horn and Associates the city of Stewarts traffic consultant kimley Hornet Associates has reviewed the submitted future land use Amendment traffic analysis submitted by the applicant and determined that the total new the total net new chip generation proposal potential for the proposed development is 2,382 daily trips with at Peak time 205 AT at amm Peak time hours and 204 p.m. peak hour trips additionally decid is proposed within the construction of a new West leg at the ex Lane at the existing Southeast Miami Avenue and Southeast Federal Highway directional medians opening shared access via the existing Maserati Stewart rideway driveway and shared access driveway with the Lowe's Improvement PUD cpud to the north of the site based on the expected project project impact the existing Transportation infrastructure internal to the site should be significant to accommodate the proposed development the

analysis determined a net reduction and trips resulting from the proposed future land use Amendment kimley horn and Associates and determined that a traffic analysis to the roadway segments was not necessary since the proposed land use Amendment resulted in a decrease in the trips generated the city of steuart the city of Stuart development department has reviewed the request a small-scale comprehensive plan Amendment following the standards of review outlined under Land Development code section 11.01 09 and found the petition to be consistent with the city of Stewart comprehensive plan goals objectives and policies and meet the definition of a smallscale comprehensive plan Amendment as defined by Florida statute 163 3187 the develop Development Department requests guidance and recommendations from the local planning agency to forward to the city commission for a final determination of ordinance number 2535 d225 this concludes sta presentations for the small scale comprehensive plan Amendment um the applicant is requesting to present their presentation for the land use and also their resoning the amendment for the next if that's the will of the board okay I have a question because we've gotten in trouble in the past when this has been presented concurrently can this be done now for the record City attorney Lee baggot Yes Florida statute Section 163 3184 subsection 12 uh at the request of the applicant when they have a concurrent zoning in U Future land use map under the comp plan Amendment they can be done concurrently together at the request of the applicant is what the statute says they cannot right they can they can okay

okay at the request of the applicant okay all right so it's not your request it's their request and then will the ments of the public and the comments of the board be based on both or will we handle them one at a time once we're um I I think that if you're going to do it together you would probably have presentations for both because I think the staff and the applicant might have multiple presentations but uh the applicant now knowing that you will allow them to go together he might do together I I don't know how we need to hear from the applicant if they want to do it together or they want to keep it separate so we prefer to make a presentation together but how the board wants to handle it from there you guys are you all okay with hearing it concurrently yes okay um before we proceed we have a number of items that were here for us please explain what they are since we just received them and would have not had time to review them okay so we received a letter um hand delivered to the clerk's office today um from Jack a McDonald and and toyot McDonald um this is just uh a letter outlining they um that they're not in favor of the project okay uh we also received a um letter from um I do believe Jack Harmony uh who represents the Willoughby um he provided a newspaper article that was uh done in TC Palm back when the original approval was done in 2012 and also the ordinance that was done in 20 um 2009 so and it describes both ordinances um I do believe you did receive something else I don't have a copy of that it is a bio yes I'm sorry I apologize that that's simply my bio okay okay thank you very much and then I don't know if we proceed with this now or later but just I would like to go on

record because we now I for my understanding our last meeting was about the zoning and progress changes I think that they had some new zoning approved correct this is under the old this is under the old okay I just wanted to make sure of that before we start we proceed and and and chair Len if I may um you read the first ordinance already and we proceeded under that okay that is a legislative item this the third item agenda item is quasi judicial but we're combining together so we'll need to read the third ordinance the title just like you did the second one and then if you recall we have a laminated white card in I was going to say do you need me to do that yeah so since we're doing together we'll have to follow the Quasi judicial that does that say LPA on it quasi judicial it says quasi judicial it doesn't say LPA there's other white sheets oh is there more white sheets it should be the laminated one there's several laminated white sheets in here there's this one LPA that's it all right fantastic that's just a guide or kind of a cheat sheet so make sure you stay on track and then do we because we did uh the EXP parte so we would disclose it again even though we already discussed it correct okay I just wanted to make sure that we do everything necessarily on the on the legislative matter it wasn't necessary but on the qu judicial it is okay all right fantastic but since you're doing them together you're going to be legislative and a judge together during the presentation sounds good do we need to read the second again or just the third you don't need to read the second it's already been read but just we need to read the uh the third item correct all right fine then we will do that now Eden Mar Stewart major Amendment to the commercial plan unit development quasi judicial ordinance number 2536 d225 an ordinance of the city Commission of the city of Stewart Florida for a major cpud Amendment to the 12.31 acre Mars Stewart Marketplace commercial plan unit development cpud located on the

west side of Southeast Federal Highway to incorporate a 22.7 6 acre parcel within the overall Mars Stewart cpud for a total land area develop of 3 .5 three excuse me 35.075135 I also met with the applicant I met with Mr kedy and I met with staff and spoke with the public and I met with the applicant and the applicant's attorney okay fantastic thank you all those giving testimony please stand raise your right hand and be sworn in do you do that part I can do it over here okay do you affirm that the testimony that you're about to provide will be the truth the whole truth and nothing but the truth so help you guide do you may be seated okay that qualified as the clerk portion right I just want to make sure yes okay um City development director please present your testimony including any evidence and your recommendation regarding this case uh chair if if you if I may the Pres the application the applicant's going to do a presentation okay are you okay going out of order is that all right for Chaz judicial yes okay thank you mad chair and thank you counselor um first I want to just compliment state your name for the record I'm sorry Michael Houston with a design studio and

uh part of the team um with me tonight here is Mary Mado and Jay Jacobson who are our principles um they are going to be talking about this project and in a different way than most applications do Terry McCarthy our attorney um Jose Tina as a project manager Todd Troxel for my office Steve Marquette I see Joe Ka walked in andan arteo our traffic engineer first I want to compliment staff uh we've been working at this for two years and it's been a challenging project uh for a variety of reasons but part of why staff was so careful in it and I think Jody described it very well is that this land use that's in front of you neighborhood special district is a very unique land use it's the only mixed use land use outside of the cras in the city and one of the items that she mentioned is the uh Urban Design techniques and the horizontal mix so part of the reason we appreciate it uh to be able to put the two together is this land use almost requires you to see how it going to fit and how does it work and so we're excited to show you that because I don't think there's a better project in the city that we've ever worked on that brings Urban Design technique and some of the changes that have taken place to the project um we want to make sure we reserve some time because I know Mr Carmen you'll have some comments and to respond to those but what you'll see is some of the changes that we made directly uh because of the meeting we had at Willoughby uh which was probably a pretty good turnout there there's some of the folks here tonight and we feel like we've addressed a lot of their issues uh Jay will talk about that in a minute but before we do the project if Mario could come up and talk a little bit about who he is

okay good good evening Madam chair and the board thank you so much for the honor and the privilege to be able to talk to you this evening uh this is not something that I do but I think this is very important it's important to our organization it's important I think to this community so I thought the best way to do it is really come up here and be able to share with you because I think there's differences in this project quite just one second state your name for the record first sure I apologize mar Mario margato okay thank you a again it's an honor and I'd like to be able to share with you my thoughts on this project because I think it's a very unique project and a project that we worked on for a long time along with the vision uh I like to tell you today when I go through it a little bit of our history uh is you have that to change is I I would like to go over the history I've been in this business business for 44 years I came to this great country I always feel blessed and grateful uh coming from Cuba and growing up here without first my parents and they came migrated to Chicago and back to Florida uh I've been in this business where I love and I've always had a vision to build today uh we're in five states we're in Florida we're in Illinois we're in Virginia and we're in California and we're in New Jersey every one of those places I take our pride I take thank you I take our pride in the way we do things our goal is always to bring Excellence to anything we do we believe we wake up every day and we have an opportunity to bring Excellence or not and we choose to so I'd like to show you what 1857 employees today over 7,800 family members of our organization stand for and what we do those are my thoughts that I like to share with you and I can first of all we belong to the community I'm going to stand a little bit so I can take a look every once in a while we belong to the community our business is a very simple business it's a business that's really almost franchised that you plot it and you buy and you sell to 2 miles 5 miles 10 miles 20 miles to whoever the other intersecting the leadership that might be the selling the same brands that you do so we love the community we're part of this community and we have to be from the very beginning it's always a mission of our company to be able to be integrated into the community to give back to this community and from the very beginning we started one of the first things we did

as teacher of the year and I remember the concerns that the community had if you do this one year will you stop after two years I said listen I'll commit how long would you like me to commit they said three years how about 10 years our 10 years came up we've been doing it for 10 years and continue to do it 10 years I gave you a taste here of giving you some things from golf and for a charity for Nicholas children's hospital I've worked with Nicholas now for 18 years I've been the chairman of it twice as of the hospital board and the chairman of the system it means a lot to me to be able to give back to Children it means a lot to me to be able to bring back Health to them and it brings a lot to me education I'm a trustee at St Thomas University also at Florida International University I was a past trustee also as well I believe that through education we can foster a better future a better opport unities and better Prospect for the opportunity of the children and as I go through here I give you here we give bicycles because we believe that gangs one of the things they do is kids can't afford kids can't have and they buy a gang a young person into the gang by giving a bicycle that simple and then they commit certain crimes and honestly as my as a minority they don't get into trouble but we believe that's a great way for us to fight and to do that and we've done that we do more things here where you've seen we've raised dollars we did certain things here in a national scope to get give uh when Haiti had the earthquake we were able to get General Motors we were able to get the Clinton Foundation we were able to get another Foundation to give us and to help us and we gave nine trucks away filled with Goods to to the community to be able to help so all of our time we've always been involved and here we have we've done the air show we sponsored the air show we do the teacher of the year and we do many other events currently I counted today 69 events we've done that's how many over the last 10 years that we've done that are major along with that we do for every other store different events also that we have on an annual basis roughly now you would add there another 42 events that gives you the scope a little bit of who we are and what we do inside our community you

can switch we're a family as I started out earlier with 1858 employees that's uh that's how we treat everything so the respect that we have for humans the respect that we have for Humanity the respect that we have for our community is second to none if the community is not upset me then I can't do business that's really that simple and we don't and make those Investments without doing it I uh early on I started with Willoughby and will will it be I answered the things that I needed to do I addressed the things we had to do when we first decided to bring Audi and bring Infinity here to the store and I shared what they wanted to do we created a buffer zone for them we invested I believe $350,000 so they can do the BM the way they needed to do it fence the way they needed to do it and now we'll invest again to build what we wanted to do and we've listened carefully because we want to be a good neighbor matter of fact those neighbors buy from us also as well so we need to be able to do those I wanted to give you a scope and picture of our stores just the quality and if you walk through our stores you would see it from a cleanliness to the Quality to the care that we have all throughout it's who we are it's who we represent it's my name if I put my name on it it's important to me next so this property to give you some perspective on here we have listened to everything that we've had to do and the way we've laid this out this is the empty space it's 20 acres that we have and that 20 acres when we put the building on next you'll find that we have the closest Home is 430 directly to really it would be west and south and then 380 further down from the tip of where it is along that you have trees you have a creek and you have the BM that we develop and the trees that they planted also as well next this proposed site is a site that's really everything that I've had was a vision that I've had since 2001 when I wanted to bring Infinity here when I wanted to bring Audi here and then later

on brought Alpha and Maserati and to bring in luxury to this community this community never had it never had it to this level never had it to this style and that's what I've tried to do here I thought about this property because it was close by Lowe's and I I thought let me see if I can buy it adjoin it and continue to develop we hope to bring in two more luxury dealerships here those two luxury dealerships will add another I would say to you today easily 100 to 120 new jobs our jobs and our employment our average is around $72,000 so that's our average that we had so it's not a low paying it's not a low income it's all throughout built like that go ahead as you can see the finish on all these uh these stores inside and outside we've done multiple events inside outside also as well our Audi store we just finished after 10 years remodeling this store inter internally everything we're finishing we're about two weeks away from finishing our fixed operation side our service go ahead our newest was the alfha maera that we add it opened that up in 2019 go ahead and then this site if you can take a look at the building and Jay will speak more about this but the buildings originally we had them turned the opposite so we heard the community and to be further away we moved them around and flipped them we flipped the lake so it's on that side we flipped the space that side and what I wanted to create was a community that's quite different in a community that people can get to their homes but they can walk so they can take their dog out they can walk around they can do trails and all along we created that kind of atmosphere all throughout also they can go to Publix which they build a brand new Publix therea so they can walk across it there they want to go those of course and then I also have retail in the front where I have Starbucks I have a restaurant have another restaurant that we're adding all in the front and then it brings in a circle where you have the clubhouse so it's in the front and then you have the dealerships that were built building directly uh to the north there go ahead

next so this would give you a rendering that gives you a look to see how it would look how it would lay out in the main entrance with a circular when you do the circular so you can go into the car dealership side or you can go continue to the residence as you continue through you'll see the clubhouse all throughout then you can take a look at the open spaces the green spaces the drive around that you can have and where the community sits today we also lowered it uh we lowered the number of units obviously you can imagine when you wait two and a half years uh to do a project uh cost goes up expenses go up uh carrying cost goes up but we decided to do better for the community much less than what we're have the ability to go ask for it go ahead that's another perspective there we have a found on the retention go ahead and this gives you another perspective and another view and we also have a video where we'll show you later on that will walk you through the whole place but it's a really I think a beautiful place and I do that because I'm going to own it I'm part of it I'm a partner in it I brought in Jay because he has the expertise he's developed many things before quality and through the mutual friendship that we've had for the years I said look I want to do this but it's not for sale or it's not to go flip because I know who my neighbor is and I want to make sure I have my neighbor so I've invested millions of dollars I'm going to invest another $200 million on this project when it's all done and I want to know who my neighbor so my neighbor is me and I say that to you because it's it's a joint venture that we have but we're going to be here today we're going to be here tomorrow we'll be here in the future the succession of our business is still my son also as well so I think long into the future hopefully as we continue all through here there's a there's some history and I will let you take the history on if you want but I hope to answer any questions for you and uh be able to speak to you about it thank you thank you thank you

Mario see if I can back back that up okay our expert on this go back to the history I have right here for you so one of the things there we go one of the things that is really unusual about this Pro design and how much time we've taken to do this and obviously Mario margato who's a one in a-lifetime client is the history of the project so this is the last piece of a property that was annexed into the city in 1990s uh that included all of the length of US1 uh from um from the lows all the way down past U Advantage Ford or whatever the new Ford is um and it includ included Marketplace it included and and and so that's 2009 where the marketplace is approved Marketplace was over the entire property the 12 acres that Mario acquired in 2012 as well as uh the 22 Acres we're discussing this evening all of that was a commercial a humongous commercial center and so tonight's application to change the land use is the last piece of that property this is what was done in 2012 when Mario acquired the 12.31 acres for the Infiniti for the Audi um as he said brought a whole new level of of dealership we've done a lot of car dealerships none of them look like this and in fact the bar has been raised in the city of Stewart because of of Mario so what was left that George Banks had was 22.7 one acres and it was called Marketplace continued to be Market market place and it has 140,000 ft big

box and five out Parcels that was the the plan um and a sea of parking sea of parking no green space um yes there is retention in the back and yes there is some native vegetation that was left but by and large the rest of this is just like any Center up and down US1 and um some of those have done well some of them have not so here's the site plan rendered so you can see that we'd have a couple of restaurants probably and you know a big box and I'm not sure what would be in that big box 782 parking spaces uh there is no pedestrian circulation there are sidewalks required when we did the Lowe's next door we actually made a connection through the Lowe's to attach to this property uh thinking that it potentially could be a mixed use and that's what that large sidewalk is in Lowe's that takes you out to the light takes you to the McDonald's and today takes you to the Publix's um this generated a shopping center like this gen generates 6255 trips ju is here if we wanted to talk about the specifics uh this proposal in front of you tonight generates 2179 trips and this is again an example why we need to talk about the cpud at the same time we're doing the the mix Jay is going to walk you through the proposal U Mario touched on it and Jay as an urban designer former LPA uh pnz member in Del re uh had some experience in a lot of

this good evening my name is J Jacobson I am the President of Eden multifamily and one of the founders of the company we are a purely residential multif family development company an investment company based in Miami with offices throughout the State of Florida and North Carolina makes it sound a heck of a lot bigger than what we actually are we are a family-owned business i' like it our company kind of matches um some of what Mario explained that margato Automotive Group is also we're a family-owned business there's three Partners myself my other founding partner whose name also happens to be Jay Jay masterman we uh make anyone who comes into the company change their name to Jay but the two of us have been friends and business associates for Going on 30 years now we have a third partner who is a family um investment office uh uh based in the Northeast but they are it's a family business it's a family uh that have been in uh real estate and sports for 75 years 80 years and they feel about real estate investment the same way we do we're not partnering with Mario to build a development and sell it as soon as it's leased up that's not what we're going to do here Mario and his family are going to own it it along with my partner and I and our families are going to own this so when we do that we look at it as a generational investment and uh you know the generational ownership criteria for us is a lot different than if we're going to build a project and then sell it as as quickly as we can we plan on being neighbors and investors in this

mixed use property for the Next Generation or so Mario has um uh children that are involved in his business my partner has a son that is a senior member of our team my daughter's not interested I've tried but she'd rather teach scuba diving down in the keys but that's okay we all have kids like that um but we also you know my background is pretty simple I've been in the residential development business 98% of what I've done in the past 40 years um has been multifam residential development um I've have a background I started out in life as an architect I have multiple graduate degrees in um Urban Design and City Planning I teach a class at University of Miami through its Masters in real estate development and urbanism class once a year so My Passion has always been creating communities that interact with the surrounding uh neighborhoods the surrounding Min Min municipalities and the uh the most interesting and uh projects that I like to work on and I kind of force the company to do is what I call we we look for uh urbanized Suburban areas it's you know we look at um higher I don't want to say density but higher mixed use Solutions than what a typical multif family apartment residential developer would be doing so it has brought us to the plan that we have now which I think is almost a a a quintessential positive solution for

combining commercial retail residential and Community involvement in one design go back to the overall master plan please going with the overall okay so what we've worked with Mario and his team on since day one is how do you integrate auto dealerships everything that goes around and is necessary for automotive dealerships to run their business and interact with the public along with retail but not just any retail retail that serves the defined community that we're in and that we're developing but also the surrounding neighborhoods and develop the apartment residential portion of the site with as little impact imposed on the surrounding neighborhoods So the plan we came up with was um that Mario's team will be adding two dealerships I have no idea what they're going to be but the two additional dealerships about 20 to 21,000 foot of retail and again it's neighborhood retail it's one if not two restaurants it's um a Starbuck or something similar where people can actually go in sit have a cup of coffee or drive around it get in and get out without imposing any impact on the rest of the development we always develop our apartments with the community building um uh leasing offices maintenance the noise generator that everyone is concerned about the pools the outo outdoor um kids areas uh the gathering places that always generate some noise they do you know we

can't hide that but we always site plan it so those um generators are u a fair distance away from any other surrounding communities any other uh residential areas the three buildings that we've come up with the two that are the opposing L-shaped buildings are four story building the one on the far left in this sketch is a three-story building I'll get into the history of why the number of units the size and the configuration um you know sits the way that it does go ahead Michael um you can okay so this is a little bit closer the way we've site planned uh the retail is we have two commercial buildings plus we'll call it Starbucks for use of lack of a better term right now um and hopefully there'll be um restaurants we designed them so they're not just one building we designed it so there's attached open space so you can have outdoor eating areas outdoor um uh uh walking areas that will connect to a uh Community oriented because this is all open to the community a trail system that runs around this portion of the site but also gives the public the ability to walk around the lake which is it's an acre Lake a sizable lake with a public Plaza grab something to eat go sit out at the plaza you don't have to drive your car from one side to the other you park have a meal grab some takeout sit did it in uh in the in the public Plaza

right so here's what we started with this is what the folks um that are here that attended the um Willoughby meeting that we had year or plus ago this is what they saw it this was 268 units they're all four-story buildings there was um a considerable number of apartment unit uh facing uh Willoughby even though the distance between U our buildings and the closest homes were still somewhere around 360 to 420 ft we heard their concerns they were worried about um everything from noise to security to light fil infiltration impacting their neighborhood we listen and we revised the plan Michael to this update proposal we went from the 268 units we dropped the density down to 249 we dropped um one of the buildings down to three-story we have still have two four-story buildings we changed the orientation so essentially there are no balconies and no apartment exterior space facing the neighbors now n you'll see in a further slide that the closest point to the closest Home is 368 ft the average um as you get to the more southerly part of um the site is 440 some OD feet the reduction in um numbers of units reduced our parking requirement switching the configuration the way we did offered us the ability to cite plan

a lot more open space in a contiguous fashion so it added a second retention lake with a lot of Green Space a lot of walking paths in and in between the buildings around that Lake and the open space on the far left is something that is almost unheard of in a multif family apartment development it's almost an acre and a half plus or minus of open Green Space and Michael and his team will explain what we plan on doing with that on uh uh through U an environmental uh design feature that we're adding to the entire property Michael go ahead uh no next one there you go so what you're starting to see here is is we've developed a series of green spaces we're going to connect all the green spaces with a trail so you'll be able to in certain parts of the site almost do a I'd say a 3/4 of a mile loop around the property without um Crossing into anyone's living space or anyone's commercial space we are adding um connectivity to lows which you can by pedestrian connectivity and as Mario stated You' be able to if you're so inclined to walk to the new public walk to to Lowe's walk up and down Federal again if you're so inclined Michael um I'll let you cover this yeah this is a example so what Jay was just talking about was the storm water design as well as the trail this

is a py project that's was built on East Ocean two years ago U surrounded by Kingswood and this was an infill piece one of the more challenging infill pieces that cty and we had done and we work with the community to uh extend their trails to add a lake on the south end uh but what this really is showing is how storm water can be attractive uh and at the same time it can help clean the water and so these are both recreational and bird life out there fantastic this is what Jay was talking about in terms of the trail and the sidewalks sometimes it's hard to see that and two of the LPA members asked about this um and so we put this graphic together to say where you could walk if you lived here if you visited here if you shopped here you went to the dealership and you wanted to go next door so this is a a trail system and one of the things that came out of the meeting with will be was they asked about where the kids would play and so when we did the reduction of the the units and the parking we created a a separate playground you can see it right there between the two southernly buildings it's got a circle that's conceptual but that's a a very nice playground from a scale standpoint the other thing that that I'm sure the LPA members are aware of is that public moved from where they were in Wedgewood they're now on the far south end of Wedgewood so that connection that we conceptualized with lows back in the day actually now makes sense so we show a sidewalk it comes across here um this is secure there is a gate for the cars but not for the people and you can walk across to Public's or take your bike or drive um either of those were very convenient one of the other things that that came up at LPA discussion was uh the uh ability to do traffic light and

the traffic light that's at McDonald's um just off this picture here is too close for us but we do right here at our entrance there's full turning so there's left left on the Northbound there's right so there's actually quite a bit of uh so the discussion we had in at Mario Mario looked at Google this afternoon he goes let's use that Google image because it's so clear and it is because this does not reflect the density of the trees that are there and the buffer that's there so this is the the detail of the southerly and the Northerly buildings number whole number three is 380 ft separated from the from the the corner of a building not a on a balcony there were balconies but they're not there now and 430 to the southernly um we went on the site with Michelle and the club President we ran a drone up in the air and see where we could see these buildings and you could see them if they were six stories tall uh but not four stories tall so this is the separation which is a parking area a buffer a native planting area an existing Canal that will improve uh there's a lot of homelessness and and homeless people all over the site here some of it is dangerous um and then The Preserve on the other side then what you see in the aerial here is the the BM that got built out of the 2004 12 agreement between Mario George bank and pH let me finish and then absolutely so Michael will get into a little bit more detail on on the engineering and visibility issues or Solutions let me just you know kind of finish with um I've been doing this for

a long time and I've probably developed over 200 projects about 38,000 units all over um so there's a lot of commonality when issues like this come up I don't care where you are what city you're in what state you're in wherever you are I also spent nine years as a member of the uh planning Advisory Board in the city of delr beach I was supposed to do it for three next thing I realized at nine years had gone by and then finally they got sick of me so I didn't reapply but so I've been on both sides I've been in your position I've been in my position and what I always look for was what an applicant was asking for and how they were going to not impact the community in a negative way sometimes you can't get away from what some people perceive as negative impact versus someone else's definition of what a positive impact is but what I try to put in all of the projects that we do is when community members have objections we try to answer those objections and I believe that what Mario and his team and myself and my team have done has answered pretty much every negative objection we've heard from various 50 60 70 members of the community I always hear height what you know why can't you build one-story buildings why do you have to build four story building I defy anyone on this project to tell me what the difference and impact is between a three-story building and a four-story building you can't see the buildings they're hidden there's no way anyone can tell me they can stand on hole number three or the one next to it and tell me they're going to see these

building they're not the burm the foliage the trees the fencing you can't see it it's impossible there's zero impact from the two four-story buildings and the one three that we have on the adjacent proper security there's an existing fence there's a canal we're going to be doing our own fencing the existing fence has barb wire on it I also find it Beyond um the pale if you will of thinking that someone's going to be you know running out of the apartment building or out of the retail space jumping through that Canal jumping through two fences jumping over the bar wire through 100 foot tall trees and doing anything on the golf course it just it it it it pales versus the reality of what I think the situation is we heard that there were going to be hundreds of children on the property well Martin County School District says that under the old density there would be 54 in their projection the newer density probably takes that down to right around 50 maybe 49 we don't see you know you could go to some of the some other you know in the county not necessarily in Stewart apartment complexes and you don't get that many kids you just don't the County's projections are usually spoton because they've got you know 100 years of being able to make those projections and they usually are correct traffic there's always and it's hard to compreh comprehend um traffic impacts if you don't understand and studi traffic generation and ju our traffic engineer

can go through um how those calculations are made but what we're planning on developing between the two new dealerships the retail and the apartments generate 30% of the traffic of what the the existing zoning would generate if someone built out that density multif family residential and I'm going to get the nose here multif family residential generates less traffic than single family residential it's just the reality doesn't rationally make sense to someone who is not a traffic engineer but that's what it is we um we we um manage the properties uh to a level that um uh ensures us that the residents that come into our properties are you know fulfilled a number of criteria one they have to have credit so they can pay the rent I mean that's why we're all in business number two two um we do background checks in accordance with fair housing laws and we also um manage the properties through an Affiliated Management company company that my partner and his partner started years ago recently sold it a couple years ago but we still have an affiliation with them so I have daily direct control over the folks who manage our properties and will be managing this property it's not like we're hiring some major uh megalith uh apartment management company that

works all over the world these are our people we hired them we trained them we basically sold the company and gave them a piece of what it was uh in in in in in the the the in the sales proceeds so they own the company and like I said there are people I can call the president of the company tonight and and she'll answer and take care of any issues that we have we run the company like it was a family business we use an architect that I went to architectural school with 40 years ago um he still generating um designs that he and I worked on 35 years ago a good friend good family friend contractors that we use are family-owned businesses I don't use corporate entities I won't use a a public company um uh Construction Company the construction companies we use are will be one of three that we'll use here they're all family-owned businesses owned by the employees and owned by the founding families that to me gives um more continuity in what we do and it gives me more control uh as Mario stated you know he's a partner in all of this with us well let me reframe that we are a partner with Mario in this development it's a generational type investment for us so what you see is what you get you'll get this two years from now five years from now 10 years from now um so what we're trying to do and what we typically always uh perform on is making the best operational and commun

Community engaged decisions over any type of corporate monetary type decisions so that's what we bring that's what we offer to the city of steart so turn it over to the engineer who knows more about it than me I'm a landscape architect I take offense to that comment um I'm sorry Joe I didn't mean that so this was an exhibit we just did as after our meeting out at the Willoughby site it cuts through the buffer and and shows you that the height with that that burm and and I got to compliment the staff in 2012 and the applicant and Willoughby for coming up with a $275,000 contribution that went toward that burm and um it's it's a heck of a BM Jody can you move that next one so this is a picture of me on the site um this is I think on three and I'm six feet tall I'm sitting at the base of the burn firm that's 36 ft tall and it was we have the landscape plan really dense um you can't even tell that there's a a fence with Barb Wire in there but there is and the BM goes up pretty well so the intention of the 2012 agreement really turned out good the next one Jody so here's the comparison in a pie chart of the the uh what Jay talked about um Marketplace generated 7900 trips uh if you go to the um the new gym that's just down the street in Wedgewood it's a Crunch Gym you can see these numbers they have that parking lot is full from 6: in the morning till 12: at night and then the Eden Mar Stewart is our number of 2277 so it's almost a 70% 67% reduction next slide please um I know the LPA members are probably familiar with this because this Innovation Hub study was

done over the last three years it was a joint venture between Martin County and the City of Stewart and what they identified is the area to the east of US1 and by the way we are located right up at the top left corner you can see the will be golf course and you can see the Green Space there all of this is uh they've identified it as core and Edge Economic Development Group came in and did this and they looked at the number of patents that had been issued in Martin County and the vast majority occurred in the Commerce parks that you see in purple so they are attempting to try to expand this and The Innovation Hub uh by connecting communities walkable um and actually downtown Saro commissioner herd very actively involved with that part of this next slide this this talks about uh the connections the connections that occur and that are important and then the next slide talks about pedestrian connections um so you know we're so used to not having decent sidewalks here and we're so used to not having Trails uh that the idea that you can actually start thinking about Trails for the future becomes an exciting thing so I mentioned when we started off that this is the last piece so you can see in this picture that this area is very dense uh Willoughby is green willoughby's always been a a green Oasis the and it's a beautiful community in golf club all of the Green in front of you preserves Walmart to the the left that's a preserve that they were part of the city of Stewart preserve was part of a acquisition for the Commerce Park I mean the Commerce Avenue development and then The Preserve uh which is a flow through marsh is right over by Aldi's so all of those green spaces are set aside and preserve this really is the last

piece within that large project that we talked about beforehand and you could see it's very much would be defined is infill so Community benefits was a question and um I think Jay touched on a couple of those this is a $200 million project I and I've been in the city of Stewart for a long time I think it establishes a new standard for mixed use projects I think we need more projects like this we we don't have a whole lot more land left that's large but we do need to have creative mix juice projects and you know the avenly project up in uh J North Stewart is an example it's still working through some of its commercial but um it's it's how communities get a sense of place and character and people know that that the people that are in charge actually care about what things look like and how they function the green space for the residents and the visitors from The Big Box um The Lakeside Plaza that Jay talked about which is a lovely place to go sit if you're if you're at the stores pedestrian connections um we've done some of the apartment projectss in this in the city but I can tell you that none of them connect like this in a pedestrian way um they tend to be isolated they tend to be just the apartments by themselves that is not the case with this the reduction in the traffic we talked about Innovative live work environment that really fits well into this whole land use it's right next to the Innovation Hub which is going to be generating jobs for a long time hopefully and the stormw water treatment which Steve and Joe help put together is actually better than this because the standards now are tougher than in the 2012 approval for the shopping center so we're actually improving our storm water and that one slide showed you that and I think lastly mostly is Mario morgado's commitment to Excellence and in the city of Stewart he's not said it he's done

it and we will wait till after everything to do the fly through that we have if that's okay with you chair how many other presentations do we have from the applicant that's it one is the last one we have is just the fly through I think that we should go ahead and do we're I thought we were hearing everything together so we should go ahead and do that sure that yeah go going back to the questions part before that okay yeah just wait on this is actually takes a second to load up and we appreciate your patience and this this will be the last part do flyby video but oh there hold [Music] on sound like it yeah here we go back [Music] here we go thank [Music] you this is obviously US1 and there not a whole lot of shopping centers like this in the City St along us [Music] one entrance to the community the apartments in circle which is also ties

into the new dealerships Mr magato continues to use a contemporary design for [Music] these a of how we've integrated all these uses together this sense of arrival to the community Clubhouse off to the right you will see the little Plaza that we talked about right there on the lake these are the buildings these are the reoriented buildings so they're facing US1 instead of this is facing north there's the side that we face willby right new Lake sidewalks that J talked about we'll see that Lake and then this is the plaza with the playground thank you guys very much for your time okay thank you very much okay and that concludes any presentations and witnesses that you had correct ma' okay I just want respons of course of course okay right do the board members have any questions for the petitioner I guess I'm wondering are we now going to discuss the two items separately or are we still asking questions all together I say we ask questions all together if that is okay sorry Mr oh yes sir what did you need my name is Jack Cary I'm an attorney and I represent the Willoughby Golf Club oh sir wait a minute so are you you okay so we since this is quas judicial if you're the a comment where's the attorney over there I don't think we can have you yet based on the order of the Quasi judicial am I right or

wrong correct um they have not filed as an intervenor uh however the board can allow him to speak it's my impression that there are a lot of people here from Willoughby and he's representing them all okay um or you can wait the public comment I think that's up to you I just didn't know if we needed to follow this order which says public comment can't come till later the the sheet is a guide okay just making sure um I'd like for you to follow as best you can okay that's what I'm trying but obviously even the applicant has been trying to work with Willoughby throughout this are we okay with having this gentleman present yes sir go ahead please state your name for the record my excuse me my name is Jack carmy and I'm attorney and I do represent the Willoughby Golf Club and uh I'm Blown Away absolutely Blown Away by what we saw up here it's a a wonderful thing and once again I'm very impressed by Mr margato and we don't have any problems what he's done and we think the front part of the project where the uh restaurants and the car dealerships are going to be are wonderful our problem is the back part of the buildings okay what you have been advised is that uh there were previous uh approvals on this property uh and commitments were made when those approvals were made and we're here tonight to have you follow up on those commitments uh Mr Mado says he's a man of his word and we believe that and I think he may not be aware of some commitments he made in the past we'll make him aware of that tonight uh we have two for two ways that we want to approach you first is a un Common Sense okay you you anyone through a very very long presentation but we're going to ask you to use just common sense never mind everything up there okay let's first talk about traffic all right I don't care what the traffic engineer gets up here and says if you tried to get here

tonight you know what traffic is okay so you know any additional apartments are going to create traffic second all noise they admitted that noise is a problem now you got to understand we are a golf course Community two of our golf holes run parallel to where they are when you're playing golf I don't know if any of you do and noise isn't something that you just welcome so we're concerned about that so not only are are adjacent Property Owners but the whole Community is going to be affected by this okay we're talking again four story and three story buildings property values if you're living across from them and you have a four-story building go up a three-story building you don't think that's going to affect your property value definitely at least I hope you understand it will before story buildings will also deteriorate from the Small Town Car steart character it's happening now we at one time we're so proud of what a small community these these multif family structures are are further deteriorating that we want you to take that into consideration one other thing there is no layering or they go right from the four-story buildings down to our single family homes there's nothing in between us and I think in good planning there is a step up uh procedure but what we really hear about is commitments that have been made to us in the past you have a handout that I gave you yes sir you have before you ordinance number 21909 this is on this piece of property and if you will turn to page 15 of 19 and I have it there for you put that up under Development and Construction number 25 construction of all permanent buildings shall comply with section 60911 of the city Land Development code

and shall be limited to the heights specified in the approved building El elevations the building height of the rear West facade of the main character anchor building shall be limited to 26 feet which include a parit this commitment was made to the uh Mar uh the Willoughby Community back in 2009 if you'll turn to the next page 2012 once again the city ordinance 2012 if you will go on that we'll find I don't have my Mark here here it is on number 27 construction of all permanent buildings to comply once again with that section of the code the bottom line the building height of the real restate of the main anchor building shall be limited to 26 ft and will include a par we've had that commitment made to us two times now this is our third time around we are very fortunate because we still have the general manager of uh Willoughby who was president and did those negotiations and she's going to come up and tell you how important that 26 foot limitation is to Willoughby good evening Michelle Riley general manager Willoughby Golf Club um I've been before the LPA many times the first of which was in 2000 reference the Lowe's project so that's how long I've been talking about this particular parcel the height of Lowe's is 26 ft2 so this is 25 years we've been talking about that parcel through a series of permutations 2000 2009 2012 and that has been Central through our negotiations not only the 26 ft height but the distance from our property line and Mr Cary is absolutely correct people buy their property in Willoughby Golf Club

predominantly to play golf so whether you live on the third hole or the 14th hole or you live closer to doubleton drive what impacts the golf course impacts your property value because you may not be able to sell your home to another golfer if the golf course is noisier if there's apartment's in clear view of the golf course so the proximity of the apartment building to the closest resident is important but the third uh the third green 14th green also important car door slam music in out that retention Canal behind there it's it's dry most of the time I hate to tell you the number of kids we have coming up and over that fence now because we've got great fishing in Willoughby in addition to Great Golf so so we're very concerned the 26 feet height again is a promise made 25 years in the making um if you go back and you Google some of the TCP articles and I Know Jack shared one with you but there was an editorial that said you know the the the memory of government especially in turnover right it's it's hard to maintain these memories over a period of time all of you are new all of the staff has over has has turned over the only people from the beginning I think are Michael Houston and myself he was here in 2000 as well so so we're fortunate I think in that we have continuity both with me and with some of the residents who you're who you will hear speak tonight but again 25e commitment in the making with the city of Stewart and this local planning agency we're we're counting on you um and I'm retiring in about 60 days so you just caught me but we're counting on you to hold true to your to your commitment that you've made to us over time so uh we appreciate it and we thank you for your consideration Mr Mado talked about him being family we are a community and we ask you to protect us unfortunately we are not a uh co-signer to the agreement

so we have no legal standing to bring any type of a legal recourse we have to rely on you and the City commissioners to protect our community thank you thank you sir okay now do the board members have any question for the petitioner specifically for the petitioner or for staff as well uh it's first for the petitioner staff is second any questions for the petitioner I've got one for the petitioner um the multifam will those be concrete block or frame construction right now right now my preference is concrete block for a number of reasons I like building in Block and insurance costs are a lot less replacement costs are a lot less and but you know Steward is that in that break line between South Florida and Central Florida where you can do either one right but my preference is always concrete okay thank you I one thing I've noticed in the city on the four-story apartments multif family where they use frame especially pass the first floor over time you start to see some of the deterioration on the exterior um no matter how well you try to maintain it so it's just a concern I have um I I would like to say I I've been through this quite a few times I think back to 09 so I have seen this um the presentation I saw tonight I felt like was was a very adequate way

to adjust the sight lines of the multif family and by not having any of the multif family directly looking at the golf course I think that was impactful I thought the play area in the community pool away from Willoughby was a good thing I do think that will assist with the noise uh and I think as far as lighting that's all that has to be contained within the site there's no no option there um so of all the iterations I have seen this is by far the best and when I compare it to the big box retail which I know we're not doing a lot of big box retail now there is no question there will be a decrease in traffic if you take the of our 852 page packet I would say 500 pages were traffic studies I think there were four there were three iterations in and then a fourth response with all the backup generation data um so in my opinion there is there's a significant decrease in traffic from this project to what it potentially could be and I think you bring in somebody like Mr margado who I met he may not remember back when he just opened his Audi dealership I was on the Education Foundation board and I was there when he made his commitment to the Education Foundation as a new Community member I heard about his history before he came here I was impressed and then I see what he's doing now in our community I'm impressed so I look at this as here we have a group that's willing to invest a significant amount of money for the city of Stewart in a very unique way and style I'm comfortable allowing a a change in a height limitation to bring this overall project which I think is a good project

together um Mr marato you mentioned in your presentation and I know you kind of just alluded to it some things you've done to give back to the community but you kind of merg them with things that you've done as a whole in your company can you speak a little bit since you have built your dealership what you've done for the community of steart to give back sure be be happy to uh have supported the police have supported the sheriff department have supported the schools have supported the church have supported other Christian communities that are there have supported different clubs uh have given my showroom have given my conference room on a consistent basis open for them to go use it for all the uh you you have incredible people that are retired in this area that don't have a place when they they do what would I say uh uh not pro bono but but they belong to non for-profits and so I give the place I said all you have to do is just call book it take care of it we'll be we'll bring you the coffee we'll bring you the donuts we'll bring you the the food if you want to have lunch or if you want to have breakfast here and we've done that on a consistent basis uh we've done multiple things for the community all at the store uh and then also at the infinity store uh we've done art for the kids that we've done on a consistent basis now I believe maybe eight years so there's there's I can I can give you a list of everything we've done here I'm really not someone that tries to speak about this I Tru try to tell you my actions uh and how I do things that's how I try to do it it's uh it's we give because it's important to be part of the community okay right thank you does anyone have any other questions question about while you're up there about the commercial space you know in the presentation there was this great dream of this being you know all restaurant space and it's going to be walkable to the Departments but correct me if I'm wrong there's no guarantee that's what's going to go in there I mean this could become a paint store this could become anything in the commercial space you can't control and guarantee what you know renter is going to come in and take that space is that

so so in this case I'll guarantee you and here's why I'll guarantee you I won't put a paint police I won't put that it it it does you have to understand my biggest investment isn't these units my biggest investment was the initial investment that I did the Audi store Infinity store uh the Alpha and the Maserati and the future two stores that investment when you're all over and done is over $400 million investment not $200 million investment so I'm going to take care of it that's why it's important to me who the neighbor is that I have the the things that I look there I Look to get Starbucks not another one if I get another one it has to be a very very different type of you know coffee to have there I take a look at restaurants I've asked I look at this community and I'll tell you things that I wanted to bring here I wanted to bring a JW here Mary I looked at it and didn't want to do it and I said there's no place for me to ever have my Christmas party and bring all the families there's no place here there's no place where I want to have a celebration here that I can't I got to go somewhere else either I got to go to Palm Beach or I got to go further north to do that I love to do things in this community I love to be part of this community I love to be able to you know to have there's a lot of things that I think are missing that are upscale to have their I've looked at different things either we retail and I said well you can't do that so let's do restaurants let's go so really I like to have two restaurants not one if we have to go one bigger then we'll do one bigger but I prefer to have two just so you can have different things sometimes restaurants are good for dinner but aren't good for lunch and we got to have for both for lunch so that's our desire to be able to do that you won't you won't have you won't I won't have it I don't need that I need to protect my big business and my my business needs to have you know that's why if I sold the property then whoever work can take care of it you ask is it going to be brick or is it going to be is it going to be cement blocks or is it going to be wood uh I know I understand exactly what happens the stuckle starts breaking down it starts fading it starts cracking it looks terrible and from a safety standpoint we could have a hurricane or we could not have a hurricane at the end of the day I'm not I don't have that choice to know so we take the better course better course is a small investment that's larger at the

beginning long term it pays off in dividends many times okay for the jobs that you referenced the job creation do you intend that to be from people that you move from out of the Comm that are outside of the community or is it intended to be jobs for the specific Community there's nothing better than having local look the best the best marketing the best advertising is when I sell a car if you take it to the shopping center if you take it to the church if you take it to to the golf club if you take it anywhere that's what people see you back and forth that's how you interact when you go home and you park it in your driveway that's what sells the most for me that's what I try to create that's what I try to have uh our desire is to have people here uh I don't want to lose people here I I I I've spoken different times at the economics I've spoken different times with different folks I've spoken at the rotto r and and here's some things that I always tell I said you're losing your Youth and without you can you can protect all you want you don't want to change it's great but at the end of the day you're losing your youth so your youth grows up goes to college and doesn't come back makes a life different in Rel and that happens in other places but more often here I'm seeing it and I don't want that because you want to have that here that you want this beautiful Community this beautiful way of life that you have you want to maintain mainin that and you want to keep keep on having that and it's not just for us and it's ours to be able to give to the Future also as well that's what I'm going to have and it's all employees here nothing makes me happier today uh I hope that I have some of the residents or employees that I have they also living there that's really because today they got to live Way North or Way South because it's unaffordable and there's nothing there okay thank you yes I guess my question for you is I know Miami delr Beach we're not Miami or Delray Beach and think we want to be um even a JW Marriott I don't want a JW Marriott and Stewart um but that's personally I think that the looking at this project it's beautiful but it could be in Miami it could be in North Carolina it could be in Chicago it could be anywhere it has a placelessness there's nothing that

delineates it that says this is historic Stewart this is a small coastal town it's modern buildings it's flashy car dealerships it's chain coffee shops it's it's not agreeing with your commitments to a community that's been here for a really long time and has had commitments from this you know this property and from you since 2000 um I just I don't see even just in the architecture I know um the other gentleman had said he was an architect but this is not Ste I mean it's a lot of what new stuff's coming in is looking like but there's nothing Coastal historic even Spanish style architecture it's very modern and cold and doesn't really so I guess I understand that you're making Investments monetarily in the city of Stuart and you're obviously this is a business and you're trying to make money off of it but I'm wondering how this really fits into the character of a small town when we're you know do we need more Apartments we feel like we've had a lot what is the community benefit of this and it certainly doesn't seem in keeping with the character of the community I would I would just like to comment as I shared with Mr Houston I also was concerned with the overall I not so much the car dealerships in the front but that the architectural Rend renderings of the back was too modern for me I agree with what she stated that I was looking for something that was much more Coastal in appearance much more warm that was one of the feedback that I also had provided so I agree with that portion of the concern so I would be open to take a look at from the design standpoint they would give you that close to look but I will tell you that I think things change and that's why it's like that but I'm happy to take a look at things it looks very Miami and we're not Miami it's not Miami I I live I I I I happen to have a home Miami I live in Miami I also have in Chicago but I think you could pick this parcel up and plop it in any other community and it wouldn't look out of place because

it's kind of placeless um my opinion and my other comment is that not only is are does it seem that we're increasing the building Heights at the back but and you're you're showing how far off you are but the actual green spaces at the back seems to have shrunk from what's behind Lowe's and even what's behind the other dealerships we've contracted in so that there's less Green Space I understand there's parking there but we are talking concrete to the Willoughby property that distance seems and I feel like there is a number somewhere um I'm not sure that I could I have it at the tip of my fingers but just the actual buffer of green space between Willoughby and this new then you know this new portion um seems to have shrunk respond sure go ahead so um it it it slightly has shifted um shifted or shrunk it's well shifted over so it's gotten the shrunk if you looked at it from the approval and what Mr Cary referenced that wall went entire length of the property the entire length of the property so just like Lowe's is and just like Lowe's is the best example there is no separation beyond that wall what we've done is we've created two bookends that face towards the community and then have a huge open space inside that community so that wall that was there for this cross-section that Jack showed was probably 600 feet long maybe maybe a th000 feet long across the whole thing and now no wall well now what we have is two bookends to the or three bookends to the apartments so there is there is parking in there um the green space is slightly less on this but the the big difference is that big box was just like Lowe's

along the entire length of the property which is why the Lowe's approval was was challenged as well the lights uh out the loudspeakers when the dumpsters were going to be cleared uh when the service stuff happened all those things that happen in a big box and quite frankly if this is a Walmart there's a lot more noise than at the Lowe's I guess one of my other questions too is also concerning um traffic this traffic study is done based on what's being proposed but as in the past what's proposed doesn't always happen so is the traffic study ever done and maybe this is a question for staff based on the maximum could be allowed under this land usage if we change it from commercial to neighborhood special district and go at that maximum because who knows who's on the Commission in 10 years when this expires and somebody else Mr AO partners with somebody else and another Pro you know proposal comes forward what's the maximum and is this traffic done on this proposal or on the maximum that if we gave them because the land usage stays right so no matter what we give them this land usage even if they never build it whoever bought that property would now have a neighborhood special district excuse me I can answer that question real fast just what the the evaluation is that currently has a land use of commercial so the question for the board would be I understand what you're saying like who could come next well if you didn't take action at all somebody could come next landu some commercial so the real issue is the difference between the maximum amount that could come as a land use of neighborhood special different uh District versus the difference between the amount that could come as commercial so if you could have 100 cars as a commercial you could have a th000 cars as neighborhood special district 900 would be the increase but to do a traffic study on every

scenario under commercial you have 0 to 15% can be residential and up to 80 and up to 100% can be commercial with a far of three under neighborhood special district 0 to 90% can be residential and up to 70% can be commercial with a far of three so there's a an infinite number of possible scenarios between residential and Commercial to do all of those traffic scenarios but neighborhood special district demonstrates that its maximum commercial capacity is 70% of the property versus 100% so it's a 30% reduction in square footage and then its maximum residential capacity is 90% instead of uh 15% which again the density doesn't change change because the number of units is technically based upon the gross the density is can you fit all those units in 15% of the property or 90% of the property so if you did that traffic evaluation that you're talking about you'd probably end up with the exact same number because for example under the commercial if you had 35 Acres I don't know if this is a 20 acre conversation or a 35 because if it stayed it would be 35 even though they're only asking to move 20 special laborhood district but if let's ass it's 20 if it's 20 acres you'd have 20 times 43,560 because that's how many square feet are in each acre times three whatever that number is which would be an enormous number would be the commercial space if it was under neighborhood special district it would be not 20 because it could only be 90% so 18 * 43,560 time

three would be the number but it's it's still a big number that happens and I and it's a well- taken question but we've always been unable to calculate because it could be 9010 8911 8812 you have to do all the calculations um I have a question and maybe you put this in the presentation and I missed it what is now if it changed to neighborhood special district what is the percentage commercial to multif family residential do you know uh yes yes we have that figure for you you know you would probably look at it from a land standpoint as compared to coverage um and it's probably you know 5050 um okay probably probably 6040 part of mixed use is that the idea that you share roads that you share drainage that you share preserve that you share buffers so it's a little hard to answer that but miss Peterson I wanted to go back real quick the analysis is done very specifically on approval that was done in 2012 with 160,000 ft of big box and the five out parcels and very specifically on this plan ju is here if you wanted to walk through it because one of the analysis he did was what happens in am peak hour what happens at PM peak hour and then what happens over the whole day I guess one of my questions on the traffic also is is there only going to be pedestrian through Delow or is there going to be are is that an exit for vehicular traffic the southernly one yes the one closest to us one but not the one further up that's back by the apartments that would just be pedestrians okay so if I wanted to leave the apartments or this Starbucks or whatever other restaurant or whatever is there and go north towards the Rosevelt bridge I would have to go across traffic on us one heading south hit that light at pomoy and then make a u-turn is that the only way to go north or you could go out

the the southern entrance make left there through lows to the light but that is the one light so you can go so You' be cutting either in front of the Lowe's Plaza or behind the Lowe's Plaza to go to the light at Fisher correct okay yeah yeah when it was intended as commercial that road would have come straight through as residential it does not but as I mentioned to you and you raised the question the Turning movements right there in front in on Miami do allow you to make a number of turns so if you leave out of the southern entrance and as long as you have given your enough time to get to the left lane you'll do a U-turn right in front of the project okay um and I guess my other comment on this as far as traffic is concerned I know we're saying we're decreasing traffic but according to the staff report um the land usage will increase density and intensity on this property over what it would be if it was commercial so we're we may be doing a little bit better in one metric but in the others we are maxing out this property by changing the land usage a couple questions for the applicant um so to the percentages of what's allowed you know have you ever accomplished a mixed use development that had 15% or less residential no I've never done that this the first this is the first project I do like this yeah so the I guess my point being is I think yeah by not allowing the special district you're eliminating the feasibility of any residential and in the project does that make sense and then my followup question is the back to the four story versus three story how did we end up with two four-story buildings and one three story building versus what was a you know mentioned was like stepping the buildings up like could you've not done four stories along the front side and then step down to three stories on the back so then you only have three stories on the willby side when you say the

front tell me exactly what you're talking at the front of the property side yeah so that all three buildings are four stories on the you know Street side essentially and then steps down to three stories at the rear side to kind of give it that layering effect that we're talking about that City Planning does is that you don't just go from one story up to four stories like Mr cared said is there a way that these buildings could have stepped up versus just all what in order to could that be accomplished yes but what would happen is you would lose probably half of the open space that we have in this and you would end up with a horizontal elevation of maybe a third of the units facing will so that's a 100 balconies 100 Apartments even in a three-story configuration facing the the Willoughby property you take the layout you have now and you take off some the four story rear of the four story put them on the front of the three story you're not changing the layout then the the issue then is you run into really inefficient buildings yeah it's a stacking mechanism it's a whole yeah very inefficient and frankly they look fun but let me address your comment about place if I may sure and um elevations don't make Place pedestrian and um horizontal construction design landscape open space makes place there hundreds of studies that I can send all of you from the Uli from the National multi- Housing Council from Harvard Graduate School of Design from FIU from UF College of architecture I'm a graduate of don't like admitting that sometimes but I am is

that anything above 12 to 20 feet to a pedestrian just doesn't really exist in their perception of what a building looks like building elevations really come into place when you're a distance away so what we like to do what I think we've accomplished here is with we've integrated integrated uh all the Landscaping The Pedestrian walkways the trail system the seating areas The Fountains The Pedestrian um components is what in my mind makes a place you can you know you can go down the federal and you know there's a couple apartment deals way down or up north I don't want to mention any names because they're friends of mine I know them but they do the same thing everywhere what they built here they'll built in Fort St Lucy they'll built in Fort Orange it it's all the same I do take the comment you made about the buildings looking almost to Miami or to Del re or whatever we used to have that discussion all time and not Stuart because in Del we used to call you know the Village By the Sea can't tell you how many hours of debates we would have we can address that as Mario said that's easy to do very easy I'm not tied in and I don't think Mario is tied into the elevations on the apartment dealerships are one thing retail is another thing retailers and restaurants and those types they have very specific design the residential is all of us so we can tweak that I am always afraid though of trying to create a modern version of um an historic

design uh uh nomenclature so that to me is something that we could work on we could work on it very closely that that's easy to couple other things up there and to me there's four um I call them trigger words that people use whether it's adjacent Property Owners board members land use attorneys to the same four that have been used 50 one is traffic when you talk about apartments versus something else everyone thinks no matter what the science is that an apartment complex generates a lot more traffic than anything else when in fact we know that that's not true but it's a good trigger word the second is noise I defy anybody to think that if you want to generate noise have someone build a Walmart or another uh lows when you have 50 18 wheelers coming in 247 don't generate noise in the middle of the night I don't care how far away you are that beep beep beep beep look you keep everyone away this does you know car do slamming thinks it's going to disrupt people playing golf let's take a car out to Martin County High School put car at one end zone of a football field and we'll walk over to the other end zone slam the door you won't hear it it's impossible that type of noise just doesn't carry and we can control the noise I can control when a trash truck comes into the property and where those dumpsters will be placed I don't have to put any on the Willoughby side I can put all of that stuff and all that traffic all of that this those grass trucks do go beep beep beep I can control when they come in I can control where they go

how they come in how they go out height um you can't see it how does it affect anything those buildings will never be seen by anybody on that golf course it's impossible there's too many barriers in between the course the homes and this property and light light is always a big deal and I agree I hate driving down properties and seeing you know buildings lit up like it's you know that buildings are are lit up like Time Square we don't light our buildings it's ridiculous it it serves zero purpose what we light is ground level because we want people driving around the property walking around the property to have a safe lit environment however this city does have requirements for parking lot light you know there I don't know in in Stewart if that's a 25 foot standard or it's a 30 foot standard but you have regulations that we have to match to however those lights given current LED technology can be shown can be um designed so they don't spill over yeah exactly I mean Mario probably has them in in some your Park you have to do that but the buildings aren't going to be lit so even if you're driving by on federal or you know someone's flying a drone from the back of their house in Willoughby you won't see buildings being lit up we just we we just don't do that it makes no sense whatsoever I understand on the you're saying that they're not going to see the buildings but I kind of likened it if I said to my nextd door neighbor hey I'm going to put an addition on my house so I'm going to because I know it's going to impact you cuz I'm going to have a patio and whatever over there I'm going to build a little fence and put some trees up for you and they say that's great and then all of a sudden I pull

new permits and I look for a three-story addition on it and then she says well that's not you gave me a fence and some trees but so you gave them some money back then but it was based on 26 foot Heights and the burm was created based on 26t Heights and it was based on so big of a barrier so is there a thought that they should also get additional trees funding burms keep in mind that that was over 20 years ago but it was an agreement right let me share that let me share let me share so I didn't make that agreement that's in 2000 when you bought it based on that agreement no in 2000 when they did that that was with banks in 2012 when I bought it I agreed the agreement and I added additional where I put in $295,000 to add to a burm that they did there and we said I can't remember the exact tree with a certain size at at a certain size and that's what I gave you but based on 26 ft you gave it to them based on 26 feet and now we're not doing 26 so the the part of your agreement you're keeping the same but part of it you want to change and the see part that seems to want to change is not in favor of Willoughby we're not suggesting that we're going to um modify that or Rectify that the existing landscape and the existing trees and the bar over the last 20 years have grown from 26t coverage to 60 70t coverage you know the trees grew and they are fairly thick I mean you can go out there Mr Houston will be glad to take you out there or show you the videos that we've taken you can't see through them it if it was new starting today I would agree with it but the issue or the determination that we've made is what's existing has um modified all of that concern because it

just doesn't exist let me address the elephant in the room that's property values I've been hearing from I I I don't care where you are um adjacent homeowners will always say an apartment complex will denigrate or reduce their property value again I can show you study after study after study that will show you that a properly a properly designed a properly managed apartment complex of the quality that we are proposing does nothing to affect anyone's property values in some cases it helps increase the neighborhood and the adjacent area property values I would agree to some extent that if we were going to build these apartments and separate from here to uh the single family homes in Willoughby or to the golf course by 25 ft by 50 feet there might be some sort of impact on value that's just normal we're we're 400 380 to 450 fet away zero impact it just doesn't happen all right do we have any other yes um um when I looked at the plan I was excited about it because here is someone who wants to develop and provide housing and not just another storage unit I tell people whenever a storage unit come before me up here I'm just not happy but here is housing and I just

want to say you can look the record up birth rate is down we need children and we need youngsters so we every time something comes before us we talk about change in Steward once there's life there's going to be changes and I think the consideration that was given to accommodating Willoughby and still talk with Willoughby and see if there are other a that you can do but I think if we're reasonable a lot of thought was put into this making it a Walkin space having a nice layout We complain all the time that we need housing in Stuart so I'm also um you know I don't like to see people upset about the fact that they will promis something and then something else has come up I want to be sens sensitive to that so I say go back see if there's anything else you can do but I think you have done quite a bit I like the fact that all the activity is contained in between the two L-shaped buildings that you turn the other way and to me it seem like a very reasonable project but I would say you know if there's any any more buffering that you can do still try to accommodate but I think having housing in steart is important at this time and I appreciate the consideration of the project um can we move on is everyone all right if we move on to comments from the public do we have comments is Michelle Riley she's gone thank you can I see can I can I see how many comments we have just two just two okay all right go ahead Michael schubart

good evening my name is my name is Michael Schubert and I'm here with my wife Linda uh we live in Willoughby we purchased our house in 2010 uh Mr Mado was very nice to point out our house to you in his presentation because my house is the one that's 300 feet from this property um and I have no ill will to Mr magado my wife and I have bought two two udies from them and very nice to deal with why I'm here though is I I object to the change in zoning when when I purchased my house in 2010 I met with Michelle because I live on that piece of property that wasn't built on and she showed me the city audiences that said 26 ft is as high as they can go so now here we are 15 years later and they want to put a four-story building next to I object to that I think that as a property owner you should have the ability to have some trust that the city will keep their promises and not radically change the zoning that's right next door you and I ask you to do that thank you Mr Nelson Levy all thank you um I'm I'm actually taking a very different Tack and that's why I want to speak with you uh uh as you saw I gave you my resume um now I used to be a hot shot you know but um uh I'm not concerned my concern is not the height of this building our our our home is way on the other side of willby and I'm not a golfer I'm a gardener so I won't see it

but uh I'm not sure how to phrase this other than to say that as a physician as a scientist as a person who spent his entire life uh you know on um matters that look to the well-being of other human beings in my opinion this development is a sociologic debacle and that's why I'm here you know I haven't complained about other you know I I I didn't complain about the devel you know the the Costco that's going up that's not my thing but this and and of course the the commercial stuff that they're putting in the front may be beautiful but where they're sticking these 300 units is not the right place why just look at it they they drew beautiful pretty pictures on one side is a big box store on the other side is a c dealership who knows what they're going to do in the front you people ask questions about it and and the only area that doesn't box the residents in is in the back where we are and of course they've drawn it nicely and everything who knows what that Wood's going to be but the bottom line is that all the residents stuck in that place are going to be boxed in however you want to look at it and and those kids when they go to school you know you asked about school buses and they responded to it maybe the number will be X maybe the number will be X Plus y but there's going to be a lot of them and how are those kids going to get to school they're going to maybe they'll walk out to route one that's a great idea or maybe they'll hop the fence and

cut across our property to get to the school which is over there but the bottom line is uh that parcel of land behind all this commercial is not meant for apartment it simply isn't it's boxed in on on three sides the fourth side being us so please I I'm not talking about value I'm not talking about golf I'm not talking about seeing the damn roof I'm talking about common sense as a you know from a sociologic sensible point of view and I say this as a reasonably distinguished physician scientist and Professor thank you thank you sir Miss Rachel Snider good evening members of the board my name is Rachel Snyder I a resident and business owner in the city and first and foremost I'd like to thank you for your service I know your job up there is not easy I'm here today in support of Mario margado and his vision for this project for over a decade Mario Morgado has been a pillar of our community not just as a successful business owner but also a dedicated Community partner through margato Automotive he has contributed hundreds of thousands of dollars to local nonprofits supporting programs that uplift families education and essential services in our city his professionalism and commitment to Excellence are evident in everything he does and I assure you this project is no exception I know this because I've had the privilege of working alongside Mario for many years since day one actually of the of the dealerships in this city I've helped to manage local nonprofit Partnerships and

events on behalf of the local dealerships in that time I've seen firsthand his unwavering Integrity generosity and dedication to uplift those around him his leadership has pushed me to be better it has made my business better and most importantly enrich this community in countless ways he challenges those around him to be better to do better and give back and our community is stronger because of it I recognize that conversations about growth and change can be difficult but thoughtful well-planned Investments like the strength in our community this isn't about rapid expansion it's about smart respons responsible progress led by someone with a long-standing track record of doing things the right way here in our town I urge you to consider not just the proposal itself but the character of the person behind it Mario margato has built businesses that contribute to our local economy and enhance the quality of life for those who live and work here this initiative is an extension of that commitment and I encourage you to please give it your full consideration thank you so much thank you Glenn wubo sorry I said that wrong good evening I'm Glenn Weber I'm a I'm a Willoughby resident um the developer has certainly listened and made some nice uh improvements and uh modifications to the plan the issue from my perspective is is with the residential component what happens if they are wrong about the height of the buildings and they are visible to the community then what the project's already approved the ship has sailed uh so that's my number one concern uh property values we have 375 people that are potentially affected by this 375

homeowners probably 750 people or more that are affected if uh things don't go well with this project and with the visibility those height restrictions that Miss Riley made reference to they were negotiated for a purpose for years ago years ago and the 375 residents of their homes in that Community have relied upon those representations so noise uh sitting through this meeting we've heard the several bright line trains and other trains come rumbling through noise has certainly become louder here comes another one noise has certainly become more of a problem in this community and and I can tell you as a willerby resident for 25 years noise has gone up with development uh behind us and certainly some some of that is expected but the noise is only going to increase increase all the more so my big concern is what happens if they're wrong about visibility where do we go what's our remedy what do we do thank you Jack Mark Donald good evening Jack McDonald here I've been living as Stewart for 50 years I was a developer here I was a builder here I've G come before you all for project approvals in the past I happen to have bought a house in Willoughby I happen to live on 14 the back of my house backs up to commercial land that's where it was when I bought it that's why I expected to stay I've been there 24 years now going on 25 it's a fabulous Community um I was there before the audo dealerships were built I was there when Advantage Ford built their facility and they did a good job of buffering it um I didn't have any problem with the commercial development at 26 foot height granted there'd be some noises but we we dealt with those too that wouldn't be that b my big issue is this is a

resoning request and as such if they had developed it commercially Mr Mado who's got a good reputation you all the accolades to him nothing against him he's doing great business man he made a ton of money and he wants to spend and some of it here that's great and he wants more dealerships to sell more expensive cars fantastic nice to have it I think the front part of the project is fine there's nothing wrong with let him develop his card deal that that's his basic business but if you look at the 35 Acres that he was dealing with 13 of them I believe I might num a little bit skewed but I think 13 acres has already been developed now he wants to add that to the other 20 acres and get densities based upon something that's already been built I don't think that's right I think you can twist things and attorneys can make things work land planners I've known Mike Houston for many years um it it's a neat idea however we're only dealing with the if you take the 13 acres out it leaves about 20 acres if you use 12 acres for the front new dealerships that leaves 10 acres left for these apartments that equates to 25 units breaker never would steuart allow 25 units per acre and that's really where we are we're cramming 10 pounds of garbage into a five pound bag I think it's way too dense I think it needs to be knocked down I think he he's going to make his money on the cars God bless them drop it down to twostory buildings and I think you get no argument keep them down below 26 feet he can make his money on his Cs and and they'll make they'll do a fine project it might be

125 units or 150 units I've built 150 unit projects that were very successful and I think it needs to be really carefully watched thank you very much thank you Heidi Alderman hi there I'm Heidi Al I'm also a resident of Willoughby and um I live actually across the street from the residents that are on number 14 and I have um a couple of concerns so I I share Mr Weber's concern about the noise because we can hear the trains even across the street from from a 14 we can hear Pomroy we can hear traffic we can hear motorcycles we can hear trucks so concerned about about the noise I mean secondly willbe is a beautiful little Oasis and when you think about the development that would be on the east side now then you've got Costco coming and opening up uh really concerned about the traffic a all around us I mean getting in and out of of Willoughby the traffic on Route One people making u-turns accidents and and things like that and um the question that also comes to my mind and I think this is maybe a question um for you guys to think about is um have we done studies about do we really need high density Apartments because we all know we've seen them going up all over the place here in Stewart do we need more what what is what is the demand the supply versus the demand so I think that is sort of a question in my mind that I think need needs to be answered but um you know I I sh I reiterate what the others have said as well thank you thank you I have no more you have no more okay fantastic do um we have any other

questions and then we'll let them if they want to make any rebuttal my last question was for staff okay why don't we go ahead and ask any questions that we have for staff so normally and I know I asked Chris this in an email normally you make a staff recommendation and on this one there is no staff recommendation um um so and I know you said it was because you weren't involved in this from the beginning but I'm assuming lots of projects come before us that the current staff has not been involved in since the beginning so what caused you not to make a recommendation for this [Music] one uh thank you um so again staff was not involved originally but we did look at this project and um one of the things that staff does do is go through the policies um we just did not feel as comfortable making decisions with this particular project um just because of the magnitude so we did um go through all the policies they meet a lot of the policies they have they met the zoning requirements um so they they do um abide by a lot of the policies so that's why staff was um wanting to um request the Planning Commission to provide a staff recommendation to the board I mean a a board recommendation so okay so I guess I'm kind of confused based on what she said because you say they abide by a lot of policies so it would seem then that you would say the recommendation is to approve but you did not make recommendation why so what we made a recommendation is that they do meet the policies and that was one of the requirements and they are and we did go through all the policies and they have met the requirements but yet still no

recommendation to approve that is correct okay and Mr mortell is not here because I was going to ask him historically since he's been in for many many years you've been here for many many years has staff ever not made a recommendation not to my know yes I guess and my other thought and again I'm new I'm sorry I ask a lot of questions um but one of my other questions is that we're making a land use change I know we're saying zoning change we're making a land use change and again just like in 2012 when this was done that it didn't happen now I know everybody's going to say we want this to happen we're g to move forward but economies change presidents change lots of things change um and so if this expires again this land usage will stay with this property unless they come before the commission so somebody buys this and now they can they're saying oh we're doing 10 per unit but the neighborhood special district allows up to 15 it you know there there's room for more so to speak if the next iteration comes forward because this land usage will stay with the property so if Mr margato and um I'm sorry jay I know I Jay stood out because you said there were two of you but um you know if they don't move forward with this project that so we're we're changing a land usage and I guess my other question too was you know um we had talked about that we need more housing um there's been a lot of Housing and it seems to me also that the um Community kind of voted out most of our commissioners who are voting for more housing um we had a big change on the county and a big change in the city so do we need more housing is is there and

even the jobs that these are creating I believe our our um County per capita income is about $83,000 so at 70 something thousand this is below our median income so we're not really attracting High income jobs and we're adding more housing when the community has kind of I mean I think that's what we're supposed to do is be Community representatives and the community has spoken pretty strongly that we don't want more apartments and more housing um Mr mortell is not here is he because I'd like I I he was and I have I'm very troubled by a precedent that when there has never been staff not making a recommendation that all of a sudden we're going to start doing that now and that is a problem so there was a previous presentation that staff provided in 2024 and we did not provide a staff recommendation I don't know the name of the project but we did not provide a staff recommendation it was Clarity Point actually it was where Clarity point it was I must not have been here for that meeting it was the rehab out it was my first meeting the detox center on proposed on India Street yeah okay I remember that as well okay may have speak I'm new so I wasn't sure how often it happened or so then that actually I find troubling now even more because now there's two presentations where staff hasn't made a recommendation and that is supposed to be what their job is for my understanding is we rely on them to make recommendations as the experts in the field so I'm finding it now troubling that there would now be yet another project that doesn't have staff recommendation but I will say on the flip side I think the staff's goal should be to it either meets the requirements it doesn't meet the requirements it's up to this board to speak to what the community wants and then the commission to speak to what they believe they were voted into to do but the staff is really I mean I know

they call it a recommendation but it seems to me if you approve this it will meet the code if you don't approve these changes it won't meet the code so I know we call it an approval but I've also been told it's really not an approval so I guess well I guess that but as you said I feel like when staff gives a recommendation it's staff saying this meets if you give the changes if you give the changes this will meet all the codes and so that's what I've always known it to be and if we don't have one on projects then that means somewhere there's leaky language and that's troubling so if you read the staff recommendation you can see that we did identify that they met all the requirements for the petition it is spelled out in the staff recommendation on the board okay then how okay then you did make a recommendation we stated that the application meets the requirements okay okay do we have any other comments I guess I just want to follow up with the fact that you know what happens if Mr Mado goes away Jay goes away that on every project we've done that scenario could happen we have to take what the applicant is providing and in in this case I think it's a pretty solid applicant and weigh that into the criteria and I would agree on that I guess I'm just saying we're changing land usage and that to you know it's death by a thousand paper cuts every time we change a land usage and you know approve 400 you know 300 more Apartments 200 more Apartments 100 more apart like it's it's just death by a and that's what's been happening and with the land usage change it's staying like zoning you know or with the cpud changes that will have to come before the board again but the land usage will stick with it if I may be heard chair um just to keep in mind and you guys are talking

there is a future land use change which is the comprehensive plan and then you have Amendment to the commercial PUD so they're not rezoning and the commercial cpud is a custom zoning on that property they're not seeking to rezone and change that they're just amending the the Pud to add some of the stuff that they want to do but coming back over to the comprehensive plan the change they're wanting to go from commercial now think of the future land uses are broad terms commercial maral multif family residential and then this is special neighborhood district there are some benefits in in negatives I guess you could depending on what side you're looking at uh I think U board member Peterson you mentioned that there's a difference in in density under commercial it's up to 10 units per acre and then under special neighborhood District it goes up to 15 units per acre now there's a difference though they have 10 units U by right under the code on a commercial uh future land use but under special neighborhood District they have to have a PUD you can't do Straight zoning so no matter what you do in the future on special neighborhood District they have to have a PUD that means anytime they change something they got to come back before you and the commission but someone in the future could take a commercial future land use and change PUD and just go straight zoning and then they don't have to come before the board they can as long as they meet the the standard code they can do that so there's but they'd have to change out of the cpud to do that so they'd still have come before the board to ask that change they could say we just want to go back to straight zoning and they don't have to change okay so all right just I just want I don't think that was expressed I thought I mentioned that that okay there's kind of pros and cons to each okay would anybody like to make a motion because I'd like us to go ahead and not drag the meeting out in

any too much longer so can we go ahead and we but we have to do two separate motions I think the applicant want quick make it quick no I'm just going to reinforce what the City attorney just said um land use is legislative it is as flexible as anything you want to do it is not we did when we swore we were not saring on about land use so when staff makes a decision on land use I mean recommendation it's just looking at the policies of the comp plan City attorneys is right on the money this PUD sat on this thing when it first got annexed in 1998 and that P stays there and that's where the control comes from he's exactly right you are not by right getting 15 units to the acre when you change over to special district you still have to go through this PUD you still have to meet the standards uh we are committed to it and as Terry McCarthy our attorney said all these things have time frames as well so when we do this we have to do this within a certain time frame that 2012 has long disappeared kind of it gets referenced here but it's nobody's done anything in 12 13 years okay um sir hold on we have to okay please make it very short well promises never go away okay so no matter what Mike said promises don't go away unfortunately I think it's project is but we come all about Mr margato we aren't talking land use planning or now we're talking about Mr margato okay and he's done a wonderful job but he can do that in the front he's not a good neighbor to us with what he's happening in the back and I think you need to take that into consideration all right thank you we've heard your concerns and we appreciate that okay would anybody like to to make a motion first on action item two which is regarding the land use amendment I make a motion or approve do we have a second second do we have any

discussion any public comment no public comment no no public okay Vice chair Peterson no chair Loren yes board member yes board member vogle yes and board member bramfield yes okay motion passes 41 okay would anybody like to make a motion on item number three I'll make a motion to approve would anybody like to second second would we like discussion does anybody want to make any recommendations to the board though based on number two as far as the the buildings the setbacks the buffers I would like to make recom two recommendations number one I would like you to go back and meet with Willoughby once again while I appreciate that you have done a lot I feel like there are still concerns and I would like to have those thought out again number one number two I can respect the elevation very much of the car dealership and the commercial I think that's spot on I do not respect the elevation rendering as is I would like to see something that a little bit more Coastal and fitting into the local landscape anybody else like to make any recommendations to go with number two yeah I recomend number three yeah the it's a great project it's very well thought out it's very well done I'm a big fan of mixed use I feel like the in this project the residential is over tring the rest of the project in the commercial the residential is a little out of scale I know there's a lot of numbers that come into play with that I'm not on your side of it I get that but I think the scale of the residential

could be brought down to make will be happy and make everybody happy in the project I think it is feasible any other comments I agree okay please roll call and could you read back out what the motion is and make sure that we have annotated the items that we recommended yes um to be technical Mr strong you'd ask him if you wanted to amend his motion to add the condition would you like to amend your motion thank you I'll first of all I can't amend my motion to reduce it to 26 feet if that's what you want me to reduce it to um but I will go with a recommendation to meet with Willoughby again and to relook the elevation and make it look more Coastal okay do you amend your second um board member brafield I agree okay so the motion was made by board member strm seconded by uh board member bramfield and it was to go ahead and meet with uh the Willoughby neighbors and make it more Coastal and more fitting those were the recommendations where to add to his original recommendation for approval correct correct m all right board member Vogal no Vice chair Peterson no chair Loren yes board member strm yes and board member bramfield yes motion passes 32 okay do we have any other staff update not at this time thank you this meeting is adjourned