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Commission approves Spice & Tea Exchange downtown after debate over 300-foot rule; vote 4-1
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Summary
After a quasi-judicial hearing and split public comment, the City of Stuart commission approved Resolution 98-2025 to allow the Spice & Tea Exchange as a conditional use at 39 SW Osceola St. and waived the 300-foot separation between formula businesses by a 4-1 roll-call vote; the approval includes design, signage and operational conditions.
The City of Stuart commission on Nov. 10 approved Resolution 98-2025, granting a major urban-code conditional-use exception to allow the Spice & Tea Exchange (a formula business) to occupy a 1,318-square-foot storefront at 39 Southwest Osceola Street and to waive the land-development-code'required 300-foot separation between formula businesses in the downtown historic area.
Planner Michelle Arbazow reviewed the criteria the commission must apply and noted the proposal meets size and frontage thresholds: the subject space is approximately 1,318 square feet with a 24-foot street frontage. The resolution as presented includes conditions staff and the applicant agreed on: the business must comply with urban-code architectural and signage standards, the first-floor frontage will not exceed 35 feet, no drive-through will be permitted, and corporate structural elements or visible corporate advertising on the exterior are prohibited.
Applicants Glenn and Kimberly Gordon, who operate multiple Spice & Tea Exchange locations in Florida, and property owner Max Ducharme argued the shop would be an experiential, locally operated retail attraction that complements existing downtown uses and drives foot traffic. "If it's not the Spice and Tea Exchange, it will be someone else," Ducharme told the commission, urging approval to secure a compatible tenant rather than risking an unknown alternative.
Several speakers and members of the Community Redevelopment Board opposed the exception on principle, warning that repeated waivers of the 300-foot rule could erode downtown uniqueness and raise rents. The Community Redevelopment Board had recommended denial (recorded as a 4-2 vote in the packet). Commissioners debated how to weigh the subjective identity test against objective code criteria; supporters emphasized the store's small footprint and complementary offerings, while opponents warned of precedent.
Commissioner Clark moved to approve the resolution as drafted and Commissioner Giobi seconded. The clerk called the roll: Commissioners Giobi, Reid, Clark and Mayor Campbell Rich voted yes; Vice Mayor Collins voted no. The motion passed 4-1. The resolution directs staff to include the standard conditions specified in the development staff'recommendation and requires the applicant to comply with urban-code facade, signage and operational restrictions.
City Attorney Patrick Baggett clarified that approving a conditional use and waiving the separation for this applicant does not legally prohibit the city from denying other future applications, nor does it bind third-party franchisors; applicants and some commissioners discussed voluntary franchise-level restrictions the Gordons said the franchisor had agreed to while staff cautioned the city cannot legally bind an absent corporate franchisee.
