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City of Stuart board asks staff to research 300-foot rule and measurable criteria for downtown "formula businesses"
Summary
City staff will research how other municipalities apply waivers and metrics after a joint City Commission/CRA/CRB discussion about the Formula Business District code's 300-foot separation rule and the lack of a clear matrix for exceptions.
Jody Coogler, development director for the City of Stuart, told a joint meeting of the City Commission, Community Redevelopment Agency and Community Redevelopment Board that the city's land-development code defines formula businesses and requires they not locate within 300 feet of an existing formula business, but the code lacks a clear matrix for granting waivers. "The formula business shall not locate shall not locate within 300 feet of an existing formula business in the old downtown district," Coogler said as she reviewed the 2005 ordinance and current district map.
Commissioners and board members told staff the 300-foot rule has been inherited from earlier local practice and suggested staff compare Stuart's approach to other Florida towns. "Maybe that might be the first place you try and see if they have what their restrictions are on formula businesses," said Board member Gioby, proposing Mount Dora as a comparable town. Coogler said staff had not yet evaluated other jurisdictions and asked whether the board wanted that research; the board agreed.
Members debated whether the code should retain broad discretionary standards or add measurable criteria to make waiver decisions defensible. Several members said objective metrics would reduce the appearance of arbitrariness when the commission grants exceptions; others warned that too-rigid language could box the city in. Vice Mayor Reid noted applicants can request waivers through the special urban code conditional-use process and stressed the role of elected officials in applying discretion.
Commissioners also discussed policy options short of repeal, including lowering the fixed separation distance, adding a saturation cap (by number or type of formula business downtown), or specifying incompatible categories (for example preventing two restaurants of the same type from clustering). Board members listed current formula businesses downtown (Kilwins, Duffy's, Hoffman's/Signature Suites, Oak and Amber) and noted some were grandfathered when the ordinance was adopted.
The board directed staff to return with research from comparable cities and suggested examples of factors that could be turned into measurable criteria, while preserving the board's ability to consider compatibility, size, frontage and signage. The item will return to a future joint meeting for further deliberation.
The review is procedural: no change to the code was made at this meeting.
