This Monday 12/9 is a scheduled City of Stuart Commission meeting. The agenda is full of important items including but not limited to the discussion of hiring an Environmental Attorney, the appointments of advisory board members, and the Zoning in Progress.
The Zoning in Progress (ZIP) was proposed by Commissioner Chris Collins to basically put a pause on development approvals in an effort to review what is underway and the completion status of it, as well as to review the current allowances permitted by right for property owners. A ZIP is used to address development that doesn’t conform to zoning codes to give local government time to review and change the codes.
So what is a conforming lot versus a non-conforming lot?
In the simplest terms, a conforming lot is a certain size. But it’s really not that simple. The location of the lot determines the size, so what is considered conforming along Riverside Drive is not the same as what is considered conforming in, say, East Stuart.
The ZIP proposal currently states that single family homes are not affected, but multi-family projects are. And the ZIP is meant to address new project applications, not existing buildings.
Yet it has generated considerable outrage by mostly developers and real estate investors who are concerned that they will be unable to build new multi-family units in the City of Stuart.
However, one person has taken a stance to state that the ZIP is racist.
A letter sent to specific residents...
A letter was anonymously sent to residents on Fini Drive, Parkway Drive, and Robalo Court stating the above. These streets are on the east side of East Ocean Boulevard between Krueger Parkway and Monterey Road. The units on these streets are all duplexes (multi-family).
There is speculation as to who wrote the letter and why. One speculation is that it’s from a developer who owns properties on these and/or neighboring streets and they are concerned that their investments could be affected. When considering possible motives, there is also the possibility that the letter is from someone who is genuinely concerned that this Zoning in Progress could lead to some level of gentrification.
Unfortunately, we won’t know the motivation until we know who wrote the letter.
The letter...
The letter text reads:
Attention Duplex Property Owners in Stuart
Urgent Action Required!
RACISM AT IS (sic) HIGHEST
A troubling and discriminatory move by the city of Stuart commission threatens your property rights and investments.
Their agenda is clear. They have even said it for the record: they want to forbid your property specifically from being improved to force it into a state of disrepair where your only option is to tear down your duplex and replace it exclusively with a high-end single-family home.
Collins only wants wealthy people to live in Stuart. He has openly expressed his desire to see all duplexes across the street from his residence on Flamingo Road eliminated, revealing a blatant disregard for the rights of property owners like you. He wants all duplexes across the city gone. He wants all small single family lots gone.
This is not just a policy change; it’s an outright attack on our community’s diversity and housing options. It is a back-door approach to keep minorities and people perceived to be less wealthy out and far from white neighborhoods. And whether you are concerned about the social repercussions of this move or not, it is your personal investment that will be affected to achieve this goal.
We urge you to stand in outrage against this blatant attempt to undermine your investment.
.
There is a lot to unpack in this letter.
First of all, the letter was sent to properties in the Sable Club neighborhood. These properties, at one point, were considered Martin County properties and NOT City of Stuart properties. These parcels were voluntarily annexed into the City of Stuart under the zoning of Single-Family Residences. Yes, the duplexes existed but the land use that now exists is Single Family.
The letter falsely states that once a duplex falls into disrepair, the owner will be forced to tear it down and build a single-family residence.
The fear being projected is, for example, if the unit is in need of a roof or the like, that is not considered “disrepair.” Needing a new roof does not constitute a requirement to tear down and rebuild a residence.
Also, most of these duplexes are owned by two families or owners, one owning each side. So the possibility of one side being in such disrepair and not the other but still forcing the building to be torn down is possible, but it’s more so improbable and more likely implausible.
This letter also makes a blanket statement that duplexes are being removed from the municipal code and will not be permitted.
That is not correct.
In places like East Stuart, while single-family residences are preferred, duplexes and multi-family units are permitted by right (if the land use is designated as such). This means if the land currently allows for building a duplex or multi-family residence, the owner or developer can do so regardless of the ZIP.
Let’s learn from The Elizabeth and Indigo of Stuart (Bridgeview)
What the City Commission needs to address in this ZIP meeting are developments, such as the previously approved multi-family project, The Elizabeth, which will sit across from the Martin County Courthouse.
On one acre there will be 57 units. You read that right… 57 units.
The City’s current maximum density is 30 units per acre. So how did 57 units get approved? Half units. The City agreed that basically studio units would be permitted.
These units will sit above a commercial space initially approved for 5,000 square feet, but the latest site plan states the commercial space is 15,000 square feet.
The other public concern about this approval that should be addressed in the ZIP is the parking because the parking required for this project should have been 138 parking spaces. But this did not happen.
What was approved by the Commission was 69 parking spaces on site and the City conceded that 19 public spaces on adjacent streets would be available for use by visitors to the commercial space and the tenants. That equals a total of 88 spaces, which is considerably less than the 138 that were theoretically required.
But the bigger issue with these approved parking spaces on the parcel is that they are tandem spaces, meaning the spaces are long enough for one person to park behind another.
The argument presented by the developer was that people work remotely and they don’t “have” to leave during the day. You can imagine the logistics required by neighbors hoping they don’t need to leave. And if they do need to leave and they are the first car in, they know who is parked behind them so they can ask them to move to allow them to leave.
Another opportunity for the City Commission to address at this ZIP meeting is the number of administrative changes that can be made for a project without mandatory review by the Commission.
Unless it is otherwise stated in the approval ordinance for a project, a developer can submit a request for up to 10% of an administrative change and it does NOT have to go before the Commission.
An example of this is Bridgeview – now Indigo of Stuart, where developers submitted six changes that were approved by the Development Department.
As a result, what was built is almost 20’ higher than what was approved. The Commission never had to approve any of the changes. It’s a deliberate work-around that developers are all too keen to take advantage of.
So now what?
There are many issues, more than exemplified by The Elizabeth and Bridgeview, that the ZIP needs to address, and now is the time to do so. The Commission needs to review what is currently permitted versus what is proposed. That is what a Zoning in Progress is for. To review and make any methodical changes that will have a meaningful impact.
A worst-case scenario about how the City will be impacted should be considered, but also *correct information* should be used to review any outcomes and impacts so the best possible decisions can be made to create a sustainable community that doesn’t require continuous land-use and zoning changes to accommodate every developer.
The meeting is scheduled for Monday 12/9 at 4pm at City Hall, located at 121 SW Flagler Avenue.
See you there.