Local Planning Agency - Regular Meeting

Right.

All right. Meeting has been called to order. Charlie here. Vice Chair Peterson here. Board member BS. Board member Bramfield here. Board member Stro. Board member Vogle here. All right. If we will please stand for the pledge of allegiance. I pledge algiance 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. Would anyone like to make a motion to approve the agenda for this evening?

I'll make a motion. Uh, anyone second? I'll second. All in favor? I. Any opposed? All right. Approval for would anyone like to make a motion to approve the minutes from the 82125 LPA? I'll make a motion. Anybody like to second? A second. All in favor? I I. Any opposed? Grand. All right. Comments from the public on nonaggenda related items. Chair, I have none.

Okay. comments by board members on non-aggenda related items. Okay. Um, Mr. City Attorney and Acting City Manager, are the quasi judicial both or just one? Yeah, both of them are quasi judicial.

Okay. All right. All right. The agenda item is 1560 Boone LLC. The property owner is requesting a major amendment to the Windmir Point Commercial Planned Unit development CPU for phase 3B located at 1 1961 Northwest Federal Highway RC QJ. Ordinance number 2546-2025. An ordinance of the city commission of the city of Steuart, Florida, approving a major amendment to phase 3B of the Windmir Point commercial plan unit development, CPU, providing for an amendment to the master site plan to authorize the development of a 1,995 square foot Popeye's restaurant with dual drive-through lanes, which is a reduction from the previously approved 2,800 ft mixeduse structure, including retail. said property being located at the southeast side corner of northwest windmir drive and northwest federal highway thereby providing for conditions providing for an effective date and for other purposes. Okay. Do the um board members have any exparte communication to disclose?

I met with city staff but Okay. Uh, all those giving testimony, please stand and raise your right hand and be sworn in. Do you affirm that the testimony that you are about to provide will be the truth, the whole truth, and nothing but the truth? So, help you God.

As you testify, please put your name and address on the record. Um, please present your testimony you guys, [laughter] including any evidence and your recommendation regarding the case.

Good afternoon, Madame Chair and board members. For the record, my name is Michelle Arbazowl, planner one with the development department. I'm presenting item agenda item number two for a major amendment to the commercial plan unit development Windir Point. a petition to develop a Popeye's fast food convenience restaurant with double drive-through lanes within the vacant footprint of phase 3B of the CPU. Pursuant to the land development code public notice requirements on October 24th, 2025, the applicant mailed notices to all adjacent property owners within 300 ft of the subject parcel to provide details of the requested development and a date and time of tonight's or this afternoon's public hearing. Additionally, two signs were posted on the property with the same information. The Windmir Point commercial plan unit comprises of three parcels totaling nine acres. The 1.64 acre property outlined in teal is the location of the proposed project located at 1961 Northwest Federal Highway and is situated at the southeast corner of Northwest Windemir Drive and US Highway 1. The subject parcel is currently designated by a CPU uh which is a commercial plan unit development. Uh Northwest Windmir Drive is situated to the north. Northwest Federal Highway is situated to the west. The properties to the south is zone CPU and the properties to the east is also zone CPU. The subject parcel as well as the parcels to the south and east are

designated by the commercial future land use designation. To the north again is northwest windmir drive. To the west is northwest federal highway. The original approval for phase 3 B granted under resolution 99-207 and adopted on September 25th, 2017 authorized the development of a 2,34qt retail space and a 1,794 ft restaurant with a drive-thru totaling 3,828 square ft. The applicant seeks to amend the commercial plan unit development to eliminate the retail portion, designating the restaurant as the sole use for phase 3B. The application is seeking approval from the local planning agency and the Steuart City Commission to construct a 1,995 square foot Popeye's restaurant with a dual drive-thru. This proposal represents a reduction of 1,833 square feet from the total square footage of phase 3B originally approved by the commission in 2017. In accordance with section 6.05.02F 02. F of the city's land development code. All large commercial development must provide a minimum of five design building treatments. Staff identify the following: the display windows, the natural face brick, the wood facade, painted face brick, and the decorative light pictures.

Reflected on this slide are clear images of the location. The current location The city of Stewart will continue to provide sanitation services only to the site, ensuring consistent and reliable support. The existing parcel provides a total of 103 parking spaces. Of these, 21 spaces are allocated to the current retail use that's already ex existing. The proposed restaurant development will remove nine existing spaces, but the plan includes striping 60 new spaces to offset this impact. The restaurant will require 25 parking spaces. Additionally, they are 64 surpluses space that would have been utilized if the remaining retail development has been constructed with this 3B phase 3B. The proposed development is anticipated to generate approximately 122 trips during the morning peak hours and that is 67 entering and 55 exiting as well as 229 trips during the afternoon peak hours which is 127 entering and 102 exiting. The analysis compared the proposed strip generation with the previously approved retail development. The traffic consultants review concluded that the net trip generation for the proposed project reflects a reduction in afternoon peak hours trip and a dimminimous increase which is less than 1% in the morning peak hour trip. The proposed site plan indicates an imperous surface coverage of 57% and a pvious coverage of 42%. According to Kim and Horn, the city's uh consultant reviewer, the submitted drainage statement demonstrates that the project meets the city of Stewart

development criteria. The there's one tree, the a live oak tree impacted and this will be relocated on site by a certified arborist and will comply with the land development code. A tree removal permit is required prior to work commencing. [snorts]

The applicant is proposing to install eight canopy trees that include daffoon holl, crepe myrtle, pink tabua, live oak, and a foxtail palm. Hedge material will consist of cocoa plums, green island fcus, and trinets, as well as annual ground covers. The perimeter of the site has been landscaped and wellmaintained from the original plan development. The conditions will include the following in the proposed ordinance. Uh, water and sewer service will be provided by Martin County. All civil utility plans must be reviewed and approved by Martin County. All proposed dumpster enclosure must be constructed per the city of Stewart dumpster enclosure construction details. The applicant must provide approval from Martin County for the proposed dumpster location within their easement prior to the issuance of a site permit, which is the infrastructure permit. If any of the proposed sanitation receptacles per use unit require more than twice a week pickup, the owner and developer will be required to install Vertipacs with eight yard receptacles. The current application is proposing a total of 10 signs as part of Popeye's restaurant development, which marks the final phase of the Windermir Point commercial plan unit development. The proposed signage includes a mix of wall-mounted and graphic elements details as follows. There is uh one sign, one wall sign on the west elevation fronting US1 measuring 43.2 square ft. Another one uh wall sign on the elevation fronting Northwest Windmir

Drive measuring 24.1 square ft. The graphic and branding elements uh one one that says Louisiana Kitchen sign with chicken graphics 10 square ft. One standalone chicken graphic, 33 square feet. One love that chicken graphic, 117 square feet. One famous Louisiana chicken graphic, 40 square ft. Four chicken graphic shutter elements, 33 square feet. Notably, the proposed signage plan does not include a monument sign or any temporary construction signage which were part of the original 2014 PDQ restaurant approval. The original site plan approved in 2014 designated the location for a PDQ restaurant. As part of that approval, a specific signage package was authorized consisting of seven signs, including one temporary construction sign. This signage change is associated with a Popeye's uh development. Uh package remains a reference point for evaluating the proposed the original approved signage from 2014. Detail is as follows. Wall signs, two wall signs measuring 42 square feet. directional signs, which were two, uh, each measuring 2.8 square feet, a monument sign, uh, one freestanding monument sign, and a one temporary sign for construction purposes, and there was one flag pole installation. That was all part of the PDQ approval, the signage package. Staff does find the proposed development to be consistent with the city's land development regulations and comprehensive plan. The request for

additional signage was not part of the original approval. Approval is currently being sought for 10 signs based on the recommendation of the board and the subject to and subject to the city commission approval. Staff does not support the request for additional signage. and is and it is not consistent with or complementaryary to the existing signage throughout the plaza. This concludes staff presentation. The applicant prepared a presentation. After the presentation, staff and the applicants are available to answer questions the board may have.

The petitioner may now give testimony and call any witnesses. [clears throat]

Well, good evening. Um, members of the board, uh, nice to be back. My name is Robert Sherman. I represent 1560 Boone LLC, the developer of the parcel. Uh, I was associated with the, uh, original approvals when this came through with PDQ as well as with the original medical use on the out parcel. Um what we're actually asking for really is to have the same use that was approved in the original ordinance back in I'm kind of shocked to say it 2015 um when we went ahead and had a signed lease with PDQ at the time. Uh unfortunately PDQ uh left. We came back in again and amended this back in September 2017 for the presentation that we all saw tonight showing the two buildings. Uh at the time uh we felt that that would have been a good use bringing in retailer with a another food use. And unfortunately by the time we got that done, COVID hit. Uh we missed the opportunity for all of the um extensions which were allowed by the government and we've been working with staff now for quite some time and proud to finally get through the approval. One of the big issues that we had was working with the dumpsters, but we were able to resolve it with the public works department. And we're very very happy to bring Popeye's to the site. It's the same use. It's almost half the size of the original

chicken use. So that all has helped greatly on traffic, on size, on sanitation, and on traffic. Um we're excited about moving forward. We'd love to have the support uh of the PDQ uh of the Popeye's representatives of Popeye's are here if there is any questions that you might have. You know, with their new prototype, it's a very different looking building and I think it's very modern. It's very attractive to the community. Um and I believe it's a great need. As you know, there isn't a lot of food up and down the highway in terms of in terms of fast food quality as I think. So, um, as representative 1560 Boone, we are here to answer any questions you might have. Uh, this will be the final piece in a 10-year project. Um, and as part of the original developer when we did the LA Fitness and the likes, it would really be great to finally close this and complete it. We have a great tenant. I think staff and everybody at the city is is accepting and happy with this and we would hopefully get your vote tonight. Thank you very much.

Thank you. Do board members have any questions for the petitioner? I guess some of my questions were if it's a smaller site, why so like double the number of signs? Why? Like it feels the plaza. I drove through the plaza is fairly um neutral

um and very nicely landscaped, but this is very bright and um lots of signage and lots of chickens and just wondering like if if this is because it doesn't seem familiar to me as far as the other Popeye's location. So, is this a new prototype? Is there any any changing because I guess the only comments that I've seen about this I guess there's one here and it was certainly my concern too is that it just wasn't really in keeping with the rest of the plaza. Um and it also doesn't seem to be in keeping with the other Popeye's restaurants. Well, it's interesting and the Popeye's rep is here to answer that. But from my standpoint of the way signage is looking at

everybody considers signage differently. A signage per the code is pretty much anything that's attached to it. It's not truly

a visual signage with names and numbers. So, um this is their prototype. Popeyes is here and I'm sure they can talk about it if if you'd like, but um this is their modern prototype. This is their new prototype. It's more streamlined. It's more square. It's cleaner. has a lot more glass than the other ones used to have. There's a lot more transparency and um I can't speak specific to that, but I can tell you that I would look at signage as a sign. Working with staff in the codes, they consider anything attached as a sign. So, I really can't give you an answer. Do you have any comments on that? Oh, come forward and state your name for the record, please.

There is that. I brought the plan. Hey, I'm Sergio Saint Hill. I'm uh the managing um operator for franchisee. Yeah, you had questions about the signage. So, almost every year, um Popeye's up updates their design and this is one of the latest ones. We're going more digital. So you when you go in, you're going to see more kiosk. So everything is going to be cleaner and less uh one-on-one interaction. In terms of the sign, because it's so sleek, I guess you want to we want to remind people that it's still a Popeye's because it's not like the traditional one that you grew up know. So

Okay. And can we at this point ask questions of staff, too? Yeah. Yes. Okay. Um, two questions for staff. Um, number one, other than the signage, is there something else that like for us to approve? So, this was an already approved project. Correct. So, are we reapproving it or other than the signage, they meet all the requirements already? Like, I'm just trying to understand. So, the original approval for that resolution was it was just stated for a drive-thru restaurant and a retail.

So, that that vacant piece of that parcel was intended for that. They are changing it's coming in as a major um amendment to the PUD because they're changing that first approval. They're minimizing it to a smaller restaurant and not doing the retail. So, they're coming to change that. Um, as far as what was provided and what was approved, um, it follows the city land development code. Okay. Uh, the only difference was the, uh, signage.

Okay. And what is it about specifically about the signage? Because I know you disagreed with the signage. You did not feel that that met. So, is it the number? Is it the square feet? Like, what was the reasoning behind not agreeing? So, our normal uh land development code allows for for a commercial property. Now, this is a PUD, but a normal straight zoning would be two wall signs. Okay. And this is this is a lot more. And if you go through the plaza, it's very different from what's already presently there. Yeah. Uh so that was why we concluded and identified that this does not follow what our normal plans are. Okay.

So, and can I confirm that there's no monument sign? you're not putting anything out the road to let people know because that doesn't seem to be included in this count of signs. So, the answer is that yes, that monument sign was approved and is part of this back on the original ordinance back in February 2015 when it was the EDQ business model. So, they don't need to have a new sign approved because there's one because it was already approved. And just to go back to your statement, Kelly, this was approved as a standalone chicken franchise prior. The signages that were on that approval

are pretty much being carried over. That's why there are extra signs that staff is not approving, okay, at this point because the number of signs that carried through, and I'm not trying to paraphrase, but the the additional signage has not been approved and if if Popeye's feels they need it, they will need to come through with their sign criteria and ask for something else. But staff at this point is not approving any additional signs. Correct. Not correct, Lindy. Correct. So, my understanding is they're allowed by code two

and when this last PUD was approved, they were allowed six, which was four extra, and now they're asking for four additional on top of that. They're asking for 10 wall signs instead of six. No, there's six. Uh, no, it's um so six was originally approved with the PUD. Uh, this request was total 10. 10. So, four additional. So, we've gone from two to six to 10. Well, the two is for straight zoning. Since this was a PUD, what was approved originally was six for that PDQ. Um, so this request once the Popeyes came in, we saw that it was an additional four.

So, the six that were approved, is that based on because I know like when we did the floor and decor a couple months ago, it was about a specific size. So, was the six also approved based on a specific size? Correct. They were number of square footage. Okay. Okay. Hope I didn't confuse it. I'm sorry if I

I'm just trying to understand the whole timeline. So, 2015 it got approved as a PDQ standalone restaurant and then in 2017 they came in and amended, gave up that use and got approved for the mixeduse building. In 2017, um what was approved under the resolution was a tenant and a drive-thru. Um 1794 square foot. This this is what's amending that uh this uh this application is amending it to state that it's just going to be the drive-thru, not the retail as well.

So, and the six signs before, did that include the retail and the chicken, the PDQ, or did it just was it six signs just for the PDQ? Six signs just for the PDQ. And so then there were going to be additional signage for the retail. Correct. And is this smaller or larger than the PDQ was? This is much smaller. Half the size. So half the size but twice as many signs. Just checking. Okay, that possibly is the fact. Okay. I don't remember exactly what it was, but yeah, they're asking for additional signs. Correct. Okay. That's their prototype and that's their corporate structure. Mhm. Got it.

Okay. Um, does the city staff have any response to comments related to the presentation? We do not. Okay. Does the petitioner wish to offer any other rebuttal testimony? Um, no. I think we went through pretty clearly uh the signage would seem to be one of the big concerns and as I mentioned before, we're making this half the size of what it was originally approved. I wish we could have financially, but we're very happy with where we are and we're very happy to try to close this out and complete the project.

Okay. Thank you. Um should we get p Okay, so let me ask you a question. If we get public comment and then there's some things that need to be clarified, should we do it now? Because on the thing it says public comment come after, but should I do it before closing the hearing? Um, it it's a guide, but typically the way the city commission operates is there's got to be a motion before uh we allow public comment. So, I I would suggest to we we can I think we should close the the the evidence in the matter currently. Okay. And you guys can always vote to open it back up, okay, to have more evidence come in. But

so we make a motion, then allow the public to decide and then we'll vote. We we close it first, make the motion, then the public comment. Correct. Okay. Just making sure we're following protocol. Okay. to we are officially closing the hearing as the conclusion of all evidence and we as board members are to deliberate in public asking to cite the facts being considered and then state the position and formulate a motion. Would anybody like to formulate a motion?

I would formulate a motion to accept the um Popeyes without with a decrease in signage back to the six that were approved under the PDQ. Would anybody like to make a second?

So, are we only voting on approval of the additional signage? This is not any the Popeyes is already allowed or it's all it's one. It's only one vote. It's not Popeye's and the additional signage is separate. I'm still not clear on No, we're Good evening, board members. Um, you are actually voting to amend the PUD to reduce the uh restaurant site from the original approved P PDQ and also to remove the retail portion and to approve the Popeyes with the double drive-thru and with the 10 signage that they're requesting.

I just want to add on to that. You've heard the term straight zoning and PUD. So straight zoning that you've heard some um things discussed if it was straight zoning. This is not straight zoning. It's PUD. So it's a custom zoning. Yes. Um we can use the straight zoning as a guide, but obviously we deviated from the guide in 2017 in the prior. So anytime we make a major change like this, it has to come before the board for approval. So okay, thank you for that clarification. So but there's nothing holding us to the six signs either from 201 back to the two signs.

All right. That's that's that's the thing about the PUD. It's custom and you guys can place your own conditions on it. Okay. All right. So, we have a motion, but do we have a second or amend or an amendment to the motion that was made? And you can just second it just so you can open the matter for discussion. Doesn't mean you have to vote for it, but just putting that out there. Well, we could if we second it, we could take public comment and then Correct. I'll take a motion. Okay. And then deliberate. Do we have public comment? And if you have public comment, you have to fill out a card and give it to the lovely lady sitting here. I do. Okay. Our first one is Lloyd Neada. I'm sorry if I said it wrong.

Neville. Neville. Sorry. Close enough. Okay. And please officially state your name for the record. Sure. It's Lloyd Neville. I live I live in Windermir. I'm a one of the 580 residents in that particular community. Um, I'm just [sighs and gasps] I'm going to have a couple of bullet points. Okay, I guess my first bullet point is the fact that there are three ways to get into this particular facility. You can either cut through a racetrack,

you can use the main entrance to LA Fitness and that complex within there and use the private road which is Windemir Drive. It is a private road. It's owned by the our POA. All right. It's not maintained by the city of Stewart or any or any other entity. So any southbound customer for this particular facility will have to stop at that particular stoplight by Windmir. All right. And make the right make the left-hand turn into the particular community. right now with the 384 apartments that they had installed over there and the 185 apartments that were installed on the uh on the west side of the road uh people making the U-turns there is an extremely dangerous situation. All right. So I'm just in hopes that people will uh take traffic into consideration you know for that particular intersection. Um, I understand this traffic study and when I looked at the paperwork, I noticed that the traffic study was done in 2017 and 18, which is eight years ago.

So, I'm just curious as to whether or not that's traffic studies been updated because I don't know, just by a show of hands, how many of you have driven into this shopping center in the past couple of days and saw how crowded it is with parking,

right? And most of the turn aisles in there are 24 feet wide, which is wide enough for two cars to get by. But I'm pretty sure that when this place gets its supplies, it's going to be a tractor trailer coming in there. And I'm just curious as to whether or not that tractor trailer will be able to make its way in and out of that particular situation. I understand that there's really no there is only a little bit of parking loss, so that doesn't bother me too much. All right. But another thing that really bothers me and I'm sure it bothers the other people that are here is the fact that uh the arch you do have an architectural review board correct and

I would hope that the All right. I would hope I would hope that you'd understand that this is totally a nonconforming building. Totally non-conforming. There is nothing about this particular structure that even vaguely resembles anything else in that particular shopping center. All right. So, I'm hope that you might put some restraints onto the way that this particular building looks because it's hideous and some people like modern, but not me. Um, the um I know I had something else, but uh oh, landscaping. It's really nice that they put some lollipop trees around this thing here. But from Windemir Drive, I know that's my three minutes, but from with from Windemir Drive, when you look over this way, this this building is going to be about 150 ft from from our entrance to our community. All right. And I was hoping that if if you approve this thing, you'd make them put in a wall of fus or or or seaggrass or something some a wall. So, so, so we're not seeing these lit up orange Popey signs as we return to home.

Okay. Thank you very much, sir. I have Peg Khan.

Good evening. Peg Conic, 508. Do you know my my address? I'm on Sunflower in the Pines. I am a board member for Pineapple Plantation for the Pines.

Um, we're very concerned. um particularly the the residents on the Windmir side over the past decade we've seen fast food change obviously it's more drive-thru more takeout less dine in um originally the PDQ was a one lane drive-thru this is a two-lane drive-thru um the traffic that is going to be going through here again coming off of US1 coming in there two lanes of traffic going takeout going around this building and then exiting and where are they going to exit? Um, we do not want more traffic coming on to Windemir and we certainly don't want more traffic coming on to Windmir exiting the shopping center making a left onto Windmir to come out at that light which is a disaster on a good day in perfect weather with no seasonal people. How's that? And yes, very concerned that the traffic study was done so many years ago and a lot has changed in that area. There have been some very serious accidents. Um, in regards to the traffic, we would like to see at the end of the drive-thru a no right turn sign. Hopefully, it will deter some people from making the right turn and then making going to Windmir and making the left turn and going out to that light and directing all of the traffic back into the shopping center. If they want it, let them have it and out onto US1. Um, we also would like to see some landscaping on that Windemir side. Um, you need to be aware, yes, we own that property. Um we own Windmir and we have been maintaining that. We have a um a contract with the shopping center who is

in default of that. They have not paid us for a number of years. We have been maintaining that area. We do the cleanup. We have residents who pick up their trash from the GooGan, from the Starbucks, from the racetrack, from all of it. And frankly, we have discussed closing off that entrance onto Windmir unless we are given the funds that are due to us. Um the right turn sign trash. We would like to see something mandated that this restaurant has to pick up their trash at least on a daily basis. The the trash that we pick up already is out of control. and nobody from the shopping center seems to care about it. So, we would like that cleaned up. Thank you.

Thank you very much. Joan Dickinson. [clears throat]

Hi, good evening. Joan Dickinson. I live on uh Marsh Rabbit. I know you all know the community. It's charming. It's friendly. There are dogs everywhere. Everyone walks their dog. Everybody says hello to each other. Kids are riding their bikes up and down the streets. It's just a nice friendly walkable community. When I hear a double drive-thru lane, my first thought is car is king. That is not a walkable community because their job is to make sure that the cars are moving through as fast as they can. And when you have a double lane coming through, it means double the traffic. I heard in the presentation that they were talking about a sign on Windemir. There is no other business sign there. Putting up a sign on Windmir means they're encouraging people to come in off of that road, turning into the parking lot there and shopping and going back out that way. So there's nothing that would discourage people from coming onto our street. And it is our street. I walk it every single day and it's beautiful and I'd like it to stay that way. But I'm concerned that having this setup to me, yes, they may have reduced the size of the project. They reduced the retail to increase the footprint of the drive-thru. That's not a great trade-off to me. It's a calm, quiet community. This flies in the face of that. The aesthetics don't match what we have. I want to echo a few things that Peg just said. Minimizing the signage would be very helpful. Clearly, um, yeah, the the look and the

feel of it is not in line with what we have. I would like very much to have more consideration into how this is going to impact the local residents. We have a lot of kids. We have school buses. We have a lot of activity and getting out of that corner. We haven't been living here in the community long. We moved from Port St. Lucy. We've already seen numerous crashes on that corner. The people making U-turns every single day. It's a near-death experience. I just want to see it calmer. I'd like to see the integrity of the community maintained. Thank you. Thank you. Robin Tarbutton.

Hi, good afternoon. My name is Robin Tarbutton and I am a community member of the Pineapple Plantation. I do a lot of volunteer work for my community. Um, right now we don't have a board member from my side. So, thanks to people like Joan and my neighbors here, we're all here to speak up cuz uh we are divided by a playground to be 580 residents. I am worried about the garbage. When we mentioned the apartments being built, the rat infestation that came with that was atrocious. I have an annual Halloween party and I had rats running along my back fence and I was thinking, where are the kids going to paint pumpkins that's going to be inside my pool area to keep them safe? That's insane. Um that that was one issue. As mentioned before, the aesthetics, the shopping center has uh is completely leased. I saw the signs come down as community members. We're all very happy for them. Um I do see the stalemate in this project as a beneficial moment for us as a community to make sure that we're communicating with Steuart at large. My address is actually Martin County, so we don't really interact on a daily basis unless I call 911 and you guys thankfully show up. Um, with that said, I still feel like as a resident that backs up to US1, the amount of foot traffic that's going to bring from the apartments, from the addresses that are on Jensen Beach Boulevard, because the kids like to come through the community either by bike, by foot, by golf cart. We have a lot of kids driving golf carts in our neighborhood and they come racing through that entrance on Windmir to get to racetrack, to get to the gym, to get to whatever it is they want to go to, which is great, which Mrs. Dickinson mentioned previously. We are very big into a healthy community. Every event that we have for our community will always be offering fruit and water because it just because it's Halloween

doesn't mean the kids only need candy. Um we try to maintain our outdoor spaces which are very important to us because we are as residents responsible for these preserves and wetlands and like our POA member said to you the shopping center is not meeting that standard. So right now we are in a diligent phase of trying to make sure that land is upkeeped with the state standards and the environmental standards of our state. So to take that into consideration as we've been riding a ship because we already had issues as a community, it's like a a blow to the face almost because we've been working so hard to amend an issue that we've been ongoing. The shopping center would be great if they would step up, but we can't hold them to that. But I do feel like you guys at this moment could help us write that ship in our community when it comes to the garbage. It's going the foot traffic and the garbage. Um the accidents I've called 911 on several occasions because I hear them living back up to that and that's a federal road so it takes a lot more to get people out there. Thank you.

Thank you Colleen Navala. Hi Colleen Neville. I live on Windmir Drive. Um I hate this idea of a Popeye's going in there. Uh I would rather see retail. I there is a possibility that it could just be retail. Correct. That's not what's it's not what's proposed before us. Oh, all right. Well, that's that's what I would rather see. It would, you know, would help. And if it's not retail, what about all the lighting? How much lighting is there going to be?

There is a light study, I know, a phototric study that makes sure that they don't do light pollution. And I think Jody could speak to that. I don't know. Well, I'm just I just wanted to say that I oppose it and uh it's it's a traffic nightmare. Thanks, Chair. If I may address that, um they do have to submit a photometric plan and that is in the package and what that means is your light spillage and your light control solution has to be as zero at their property line. said they're not doing any spillage over into the roadways or past their property line. Thank you.

We have no more public comment. No more public comment at this time. Um I have a public comment that has been sent to us that says um by Mr. Chase Bochamp um uh we're subject Popeye's and Coffee Rush. No objection to the plan use of Popeyes or Coffee Rush. However, the architectural style of elevations presented for both Popeye's and Coffee Rush are like al slop. What? AI is

Oh, AI slop. Oh, okay. Sorry. I was like, I don't know what that is, but okay. Um, [laughter] the example of the Port St. Lucy Boulevard Popeye's location presented on page seven of the LPA staff report is more in line with the architectural character and style of Jensen Beach. I would suggest a review of the architecture per section 6.05.02- building design and location. Okay. Would we like to have the petitioner come and respond to any of the questions? Yes. Do we need to swear him back in? Are we okay? No, he's already been sworn in. Okay.

Thank you very much for letting me respond and thank you neighbors for coming. It's very important that there is interaction. I don't know if I know many of you were not here, but when we had the original project approved for the entire CPU, we had a lot of interaction. Not only that, but I've actually spoken to the president of the association. I've actually met the president of the association because he sent some letters and emails about the costs that were addressed and we met face to face with them. We met face to face with his we had [clears throat] numerous phone calls with their attorneys in reference to the maintenance that is going on. This is a maintenance issue by the management company that manages their association at the same time and the attorney representing the association hasn't been able even to get a response as part of the larger PUD. We've already made offers to help subsidize. Just so everyone knows, one of the other comments that came up was about the landscaping buffer along Windemir. That landscaping buffer has died because the management company has not lived it. If you went back to the original plans, you will see that there is supposed to be trees planted in the rightway which were not being maintained. when we developed the original shopping center, it was one of the requirements to buffer that area. So, I wanted to bring up that point. I also wanted to dispute what I think Joan said about signage. Was it Joan that said about signage? Right.

If I still if I the presentation, correct? Okay. The signage is not on Windemir. The signage is on Federal Highway. Okay. I just wanted to make sure you know that there is no signage being done. There is a small sign at the entrance way of Windmir that was done in the original PUD. There is no signage being installed on Windmir at all.

I also want the board members to know that it was our costs and expense that we created the traffic light. We created the access agreement that currently is in place. I do understand their concerns about the maintenance.

But as one of the three owners, it is the management company's responsibility to take care of this. We as owners of this parcel pay in every month money to the association to take care of the landscaping. But unfortunately, we as the owners of this parcel can't do anything about it. So, we have all the documentation and we shared it with staff and staff alerted us to this issue and we were extremely proactive the next day that we reached out to the association and we are still trying to resolve that. So, it's not like we've fallen a deaf ear on that situation. We're very concerned. are very concerned about the whole shopping center. Even the condominium association that is part of part two, they haven't even responded at all. So, we're part we're the smallest part of a large parcel with LA Fitness. Everybody pays into a local management company that is we haven't fallen death to that. um the traffic and the traffic study I think that was also brought up. So the traffic study was done originally in 2017 and one of the requirements was that we needed to have the traffic study up ones that did the original traffic study and the traffic study clearly shows that the impact is less. Obviously everybody's comfortable with nothing today. So obviously there's a lot less traffic today, but we have to rely upon the professionals as to what they're stating.

So there was an updated traffic study. Do you know when that was? Yeah, it was uh what was it? I think it's um it's on the screen. It's August 11th, 2025.

We're very very very respectable developers. Our concern is the community. I've been involved in this community now for over 10 years. I think we put a great product on the street. I think that through all the COVID, through all the issues that we've developed, I think a pretty successful shopping center and we're very happy with our co-enant medical use, which now is a Cleveland Clinic, which now replace somebody else. And the thing about garbage, I think it's very important that we address this. I do hear what you're saying about having garbage and an apartment building next to your community and I would be very concerned as well, but this is across the street. This is not ab budding their property at all and staff and the sanitation department has gone above and beyond if you heard in the report to make sure that we have to maintain this garbage area. We are taking down the existing dumpsters and building new dumpsters to comply with the increased amount of garbage that's coming in. And we are obligated to bring in a compactor if that's not there. So, not only are we very conscious of it, the Popeye's operator is a professional and they would be shut down if they don't comply. So, I want to make sure that I went through and addressed the comments. I think they're all valid in reference to the landscaping. That has to happen. There's no question about it. It It must occur. That buffer has to occur. The traffic look development happens as the rest of the world evolves. The traffic

light was put in at our nickel for the intent to manage traffic. It wasn't funded by the county. It wasn't funded by the city. Even though there were funds available, we went ahead and made those improvements knowing that this was going to be greater in expense. In reference to the school bus, we ended up putting in the school bus stop as a requirement under the master PUD and it was put in a location far enough away to protect the children. So we have been very proactive to a lot of those. I want to make sure that you understand after 10 years of doing this, I have a little history and I was just trying to inform you of this information. That's all.

Can we ask questions? Yeah. Okay. I guess I'm not sure that I understand. So when the PUD was set up, was it always a combo with this community, the shopping plaza? Yes, there is a recorded there's a recorded document. So when this community was built, it was expected that this commercial PUD would go in as well with commercial things. And the PDQ was part of the original approval, right, which was a chicken restaurant. Okay. Okay. So, I do believe that traffic increases. I understand that in the community. That's why we went and spent over half a million dollars to put the traffic light in.

So, and then when you're talking about the management company, so you pay it and then they've neglected these bushes and so they've died. Whose responsibility is that to make sure that the management company who replaces that? Who pays for that? So the management company was hired by the majority owners of each parcel. There's three parcels and they hired a local management company. In addition to that, there's a management company that runs a condominium association. That management company, all of the three owners pay in based upon a prata amount of cost. But we're not there to manage how they manage it or how they cut the grass. They've neglected it. They neglected paying the insurance obligation to the association,

the management. If I if I'm wrong, please stop me. They're a vessel that what does that mean? The payment should come from them. The management company works for Can you please come to the mic? Can I'm sorry. Can you And they work for them. So, any comments need to be at at the mic. Anyway, all I'm telling you is that that we have made offers to the attorney, to the president of the association. The attorney, as of last week, sent an email, Robert, we're trying to get the management company to respond. They are,

don't you guys, as owners, aren't you able to fire the management company and get one that responds? I mean, you're paying them, right? Like, why don't you pay a better management? Like, I I don't I don't understand. So remember 1560 Boone is the I don't want to say the smallest ownership of land and the vote goes by ownership areas. So we're trying to resolve it first, but I've already spoken to LA Fitness and we are going to have to move forward and replace them. But it isn't that easy. But yes, to replace the management company.

Yes. So you know we've even offered to pay the association and deduct it think we haven't got a responses. So it's unfortunate and we fight every single week to try to get that resolved and we will continue to do it because I'm concerned and so is the LA fitness owners. They're concerned. Thank you. Thank you. Come to the mic. I'm going to rebuttle with everything after they're done.

May we see the s slide with the signs listed? It shows a sign. It states a sign Windir. So I assume it's on the building on the Windmir side. Correct. Uh the I'm sorry. Um to clarify, the wall sign a wall sign is facing northwest windmir drive. the uh monument sign. It will be on federal.

The wall sign on the Windmir side is the one that we're asking. We think there's way too many signs. Okay. And particularly that one to not be there. and where the the monument sign is on federal. Obviously, it has to be um so far away from the intersection of Windemir. Correct. Yes. Correct. Okay.

Come to the I guess Robin Tarbutton. So, the sign facing um the monument sign that's going to be on facing US1, this development already has a singular signage for all its uh store members. So, why would Popeye's or anyone that's gaining that property be allowed to have a standalone monument when we already have signage for the whole I think it was already approved in 2017. So that's nonvoid. It's I don't think it's before us. Is that correct? Correct. The PDQ I have a picture up on the screen. Uh that was originally part of the approval.

Okay. So it would have to be it'd have to mimic that in size, lighting, and stature. Correct. Because that's what was approved. Correct. Okay. I'm still Lloyd Neville. Okay. [laughter] It just appears to me that this particular sign is after the driveway entrance to this particular community and basically would bring people into Windmir drive rather than into their driveway. So that this if they're going to put a sign there should be down between in front of LA Fitness and Racetrack. Correct. Make sense?

Okay. Do we want to vote on the motion before us or would you like to make an amendment? Someone like to make an amendment to the motion? The motion right now is to reduce the signage like to amend the motion to modify the architectural style as well. I feel like this is a very successful shopping center plaza the way it's done. This is completely out of context of it. This looks like it belongs in I don't know, Phoenix or somewhere else but not in Stewart. Can I make an amendment as chair or No, you'd have to ask the person who made the motion to amend there. You can inquire.

But I can. Okay. Could we amend it to also include a hedge? Because as I understand it, there's no hedge that is planned to go up or

Well, there was one that died. Is that what we're understanding? That there was a hedge and it's died. And whose responsibility is that to replace it? uh chair and board members if I may address that. Um so I was listening to the comments of the residents and I understand their concerns. Um so one of the things that staff can do is pull the original set of plans, look at all the landscaping, walk the site and show where that dead landscaping is and then we would um go ahead and task code enforcement to uh site them for the original approvals um that they have to install that landscaping. If not, then they'll go through the next board. they'll go to a magistrate hearing which at that time they could be assessed fines. So we we if if the board could let us work with the association and the um commercial side as well we can do that and u make sure that that landscaping gets put up back to the original approval.

Okay. Even if it's our nickel we'll make sure that landscaping goes back in. Okay. Prior to the opening of the and you can put that in the development order. Okay. Thank you. Okay. Do we have anybody else? Okay. Would you like to So, the motion, as I understand it, is we're going to change I'd make a motion to approve the Popeye's with a reduced number of signs and an architectural style that mimics the rest of the plaza. Correct. More in line or more in line with the rest of the plaza.

May I make a comment on that? So um there is architectural guidelines that are governed pretty much in the PUDP. Um this is a national franchise.

National franchises generally have guidelines that are incorporated and updated on a constant basis. I do believe if you're talking about the signage that's going to soften the building, I do believe that the colors of the building are pretty consistent with the rest. I will tell you that to modify a architectural style um to have it brought to something that was three prototypes before are very very difficult to do. We're here to we're here to cooperate. We're here to try to assist, but I think that's a tough ask for a national to modify a approved style that is in keeping with [snorts] the codes.

So, I know that in other communities like St. Lucy West, they have architectural um requirements that it matches a certain coastal style and this I believe is a a prototype of that that is more in keeping with that plaza and I understand that you would like to go more modern but I think the community well I Popeyes would like to go more modern but I think that the community and I'm I don't live in that community but I live in the city of Stewart would like to see it revert to a more coastal style because it is we are the happiest of seaside town, little coastal community.

No, I understand. So, if we're going to modify wording, let's allow staff to work with that in with the applicant of the Popeyes on their submitts as opposed to dictating it in the development order to a specific style. So, that doesn't that's not the way this works. Well, specific style that you would like. So, we make the recommendations. Correct. the city council makes the ultimate approval. Okay. But what our recommendations will be to the city council is that for them to approve, we recommend that as

we already stated that it has a architectural appearance more in line with the with the shopping center. Yes. Correct. I just wanted to make sure I was understanding. Yeah. Just like the staff has made a recommendation, now we'll make a recommendation, but the commission gets the final. Exactly. Okay. I need a no right turn sign at the end of the drive-thru, please. So, it's it was a good the idea is there, but the concern is is multiple of you have made comments that the U-turns were causing accidents. So that's going to cause more U-turns out on US1 is the unfortunate. We're going to have accidents on Windmir

if we increase that traffic the way they are talking because amount of traffic that's going to but if you force them out at LA Fitness everybody will have to U-turn because they won't be able to use that light and if it's my understanding that the commercial part of the plaza paid for that light and so that may be a federal highway. I I think that's above our pay grade for you guys to change that light. Yeah. Yeah. Correct. Okay. All right. Um,

quick understanding that light was in a negotiations to allow access to the use of our road. Period. We have recently had issues with the turning lane into the shopping center. There was a pothole problem for quite some time and it wasn't dealt with in a timely manner just like the accident debris on on federal is not dealt with in a timely manner. So everything has a delayed response time and your management company again though. No, it's federal highway. So it's federal. Yeah. And that's

that's county which is not here. But then you're bringing that. We're concerned about the accident then coming into the community because we have a turnaround for anyone that didn't mean to come in. There's the concern. Okay.

Okay. And ju I I guess I just want to say too for the community like this was already like some of this was already in the works and so our we're looking at what exceptions are they asking for that they were not given approval for and the exceptions that they're asking for were like the signage and things like that. So those are the things that we could deal with but they are actually decreasing their footprint and some of those things. So just I I I I I feel your pain but Okay. Would we like to vote please? Um we need to have a second of her amended motion. Oh. So do we have a second of the amended motion? Want to read the motion?

So the motion was made by Vice Chair Peterson and it was to approve Popeyes with a reduced number of signs six and a modification of the architectural style to fit the plaza. that was made by um Vice Chair Peterson, but uh Miss Bramfield was the one who made the mo the seconded the motion originally. So she needs to agree to So that's not amended. She needs to agree to the amendment. Do you agree to the

So um one observation I have. So, the sign that is by the road, could it be placed closer to the um gas station in order to have the traffic turn into the LA Fitness rather than I think it won't be near the building then? But but how but in order to appease them because if you will not prepare to turn until you see the sign by the time you see the sign like they said you're forced to turn onto the window mirror and if that is their road you know what is the the legal ramification with that. Can I hold on? Jody wants to say something real quick.

If staff can just uh so when this plaza was a real developed and along with these other residential properties, um that road is a private road. However, the the commercial property has access and was platted rights to that road and to get access to the back. um if that road closes there there's going to have to be amendments on both sides of the commercial and the residential to close that access road and then there is going to be a level of service issues. Um so it was granted that the commercial plaza can use utilize that road.

So I I guess my other um concern if you if you move this sign and I'm coming from Port St. Lucy, you know, I'm coming north and I'm heading south. If I don't see the Popeye's sign till the LA Fitness now, I'm gonna do another U-turn to come back into the plaza that way. Right. So, and I think that that I understand it being the entrance to your neighborhood. Absolutely. Um I live right off of a major road as well, but I also forcing more U-turns on a busy federal highway, I think, is also I think But isn't that turn safer? That that turn that is closer to the gas station. Isn't that There's no light. So you have Oh, there's no light there.

Yeah, the light is at Windir. Are you approving the approve the amended? Amended. Second. Approve whatever it is at this point. [laughter] Do you agree to the amended motion? Thank you. Will you second it? Yes. A second. Okay. Vote. Yes. Vice Chair Peterson. Yes. Chair Lorraine. Yes. Board member Bramfield. Yes. And board member or Bogle? Yes. Thank you. Thank you. Okay. Is the next item on the agenda also quasi judicial? You said yes ma'am.

Okay. Stuart, hold on. Let me take my thing out again. Thank you all for coming. Thank you guys.

Okay. Steuart Landings 2, major amendment to the commercial planned unit development for lot number three located at 3991 Southeast Federal Highway RCQJ. Ordinance number 2545-2025, an ordinance of the city commission of the city of Stewart, Florida, for a major amendment for lot number three of the Steuart Landings 2 commercial plan unit development, CPU, also being associated with lot number one and lot number two of the Stewart Landings 2 CPU, providing for an amendment to the master site plan for lot number three of the Steuart Landings 2 CPU to accommodate a 470 square foot coffee rush. convenience restaurant with two drive-thru facilities and the existing 2,845 square ft Burger King restaurant and a single drive-thru facility providing for amended development conditions, a timetable for development, and a master site plan approval for a parcel of land located at 3991 Southeast Federal Highway being more fully described in the attached exhibit A, providing for conflict, providing for severability, providing fighting for an effective date and for other purposes. Okie dokie. There's no more. Okay. Um, do the board members have any exparte communication to disclose?

Met with staff. No. Okay. All those giving testimony, please stand, raise your right hand, and be sworn in. Do you affirm the testimony that you're about to provide will be the truth, the whole truth, and nothing but the truth? So, help you God. I do.

You may be seated. As you testify, please put your name and address on the record. Um, can I please ask the development director or staff member to present your testimony, including any evidence and your recommendation regarding the case? Thank you, chair. Good evening, madam chair and board members. For the record, my name is Jodie Cougler, the development director for the city of Stewart. Tonight I'm presenting agenda item number three for a major amendment to the Steuart Landings one and two commercial plan unit development. a petition to develop a 470q ft coffee rush fast food convenient restaurant with two drive-through lanes located adjacent to the existing Burger King within the footprint of the building number three for Steuart number two cuD pursuant to the land development code public notice requirements on October 245 the applicant mailed notices to all the adjacent property owners within 300 feet of the subject parcel to provide details of the requested development and the date and time of tonight's public hearing. Additionally, one sign was posted on the property with the same information, and we did receive an email from a citizen expressing concerns regarding the architectural requirements. The 1.27 acre property outlined in red is located on the east side of Southeast Federal Highway, approximately 200 feet south of Southeast Miami Street. The subject parcel is currently designated by the commercial plan unit development. The properties to the north, south, and west is zoned commercial planned unit development and the east is zoned residential planned unit development. According to the CPU approval authorized by the city commission via ordinance number 2384-208, the proposed convenient restaurant is a

permitted use within the commercial planned unit development. However, the necessary site engineering modification exceeds the 5% approved master plan and therefore the proposed development requires a major commercial plan unit development amendment per land development code section 11.01.10. 10 PNB [snorts] the existing future land use is designated commercial within this designation land uses and activities predominantly connected with the sale rental and distribution of products or performance of professional and non-professional services includes retail sales service establishments business professional and other offices shopping centers financial institutions restaurants entertainment Hotels, motel, and other temporary lodging. A limited amount of multifamily and indoor industrial uses is allowed. Mixeduse projects are allowed. Also, public facilities and electric distribution substations are allowed. The properties to the north, south, and west are designated as commercial. And the property to the east is designated multifamily residential. This just depicts showing the location of where that vacant site is. As you can see to your right, you can see the the existing Burger King and you'll see in between the Mattress Firm and the Burger King, that is the proposed site where the uh coffee rush uh convenient fast food would be uh situated. This shows an image of what it would look like superposed on the uh Google Maps. On September 10, 2018, the city commission voided ordinance number 20 2000, I'm sorry, TW 2117, 2007 and amended ordinance number 2313-205,

combining the 3.616 and 1.27 27 acre parcels, creating the Steuart Landings commercial plan unit development, and providing a master site plan to accommodate a 2,845 square ft Burger King drive-thru, convenience restaurant, and a 4700 square ft office building for Medical Express. And this was all approved through the ordinance number 2384-208. The 4,700 ft Med Express building, medical building outlined in red, was never constructed. This is the same location of the as the proposed 470 ft coffee rush fast food convenient restaurant within the same footprint. The building footprint has been reduced by 4,200 square ft. According to the commercial plan unit de development approval authorized by the city commission via ordinance number 2384-208, the proposed convenient restaurant is a permitted use within the commercial plan unit development. The applicant is requesting a deviation from the land development code regarding the queueing. As you can see, section land development code section 6- 6.01.07 standards for drive-thru facilities requires six queuing spaces within a minimal dimension of 10 ft and width by 20 ft in length as measured from the order box to the end of the queueing lane and four queuing spaces provided as measured from the pickup window to the order box providing a total of 10 queuing spaces. This applies to the building 4, which is now the existing Burger King. The applicant is asking for a deviation for four queuing spaces within each drive-thru lane, totaling eight queuing spaces as measured from the order window to the end of the queuing lane. Each queuing space will be

measured 10 ft in width by 20 ft in length. This applies to building three uh where the proposed coffee rush would be situated. Lot three of the Steuart Landings 1 and two commercial plan development will provide 57 parking spaces, including eight ADA parking spaces for the Burger King and Coffee Rush convenient restaurants. Both users will share a designated loading loading space situated near the preserve area located behind the site. Bicycle racks will also be provided adjacent to coffee rush. The level of service indicates that there will be no adverse impacts on the established level of service standards for water, wastewater, solid waste, public safety, storm water, and traffic. The site is currently proide provided with water and wastewater services. Martin County Utilities and Solid Waste Department has confirmed that the sufficient capacity is available for the proposed development. The city of Stewart will continue to provide solid waste and recycling service to the site. The on-site drainage runoff will be managed through the on-site preserve retention and is located on the rear site before ex rear site before ex the before existing exiting to the master storm water system. The offsite discharge will be designed by the 25-year 3-day storm event and the building elevations will exclude the 100year 3-day storm requirements as per Southwater water management permit. The development will need to obtain the site permits from the city of Stewart and Southwater W Water Management District. Hold on one second. The city of Stewart transportation consultant has reviewed the substmitted traffic impact study prepared by McKenzie Engineering and Planning dated

January 24, 2025. It is anticipated that the new proposed trip generations potentially will result in a decrease from the pro previously approved amount. The proposed amendment to the commercial plan development will be reduced number of daily trips by 71 with no changes to the AM peak hour trips and the decrease in the number of PM peak hour trips by nine trips with five fewer vehicles entering and five fewer vehicles exiting the site. Therefore, the impacts of the off-site in intersections and roadways are not anticipated. The new proposed intensities will reduce trips all the all time periods. Therefore, coffee rush will continue to meet the conditions with the concurrency approval. The driveway trips will trips decrease in the PM peak hours by four trips and 10 daily trips. However, the driveway trips are are increased in the A in the PM, I'm sorry, in the AM peak hours by 28 visits. As indicated, the right turn lane exists at the project primary driveway off of Southeast Federal Highway. Left and right turn lanes exist on US1 at my southeast Miami Avenue. Dedicated turn lanes at the driveway and Miami Avenue intersection are not needed or recommended because Miami Avenue is a low-speed and low volume roadway. The proposed landscape includes a total of 18 trees, four buttonwoods, two crepe myrtles, seven Alexander palms, three southern live oaks, and two royal palms. The shrub plantings will consist of cocoa plums. Compliance with the tree mitigation requirement has been achieved through a payment of $264,463.50 to the city of Stewart's tree fund. In accordance with the city of Stewart

Land Development Code section 6.05.02 PN F, commercial developments are required to provide a minimum of five building design treatments. The proposed architectural elev elevations meet the following building design treatment requirements. Raised cornis parapits over doors, display windows, decorative lighting fixtures and peaked roof forms, exterior wood cladding, stucco scoring and front entrance overhang. This is just showing a rendering. Uh coffee rush is originally from the uh the Oregon area. This is one of their uh one of their prototypes in Oregon. As you can see, it's essentially the same size with some architectural features. This petition conforms to the criteria outlined in section 11.01.09 of the Stewart land development code, Florida statues, and is consistent with the goals, objectives, and policies of the city of Stewart comprehensive plan. staff is requesting the redevelop I'm sorry, not the redevelopment, the local planning agency to forward a recommendation of approval to the city commission for a major amendment to the existing commercial planned unit development to approve the coffee rush as a permitted use under the commercial planned unit development. This concludes staff's presentation and the applicant is here to and have any questions after the applicant staff is here available. The petitioner may now give testimony and call any witnesses. [snorts]

I don't know if it's good or bad. I don't have much of a crowd here. [laughter] Maybe it's good. Um, so my name is Ron Yoast and uh I'm I'm the owner of Coffee Rush. My wife and I own Coffee Rush and actually um our daughters need two. Back then there was five Starbucks in the city of Portland. There was zero Starbucks in Florida. And uh most of my friends said to me, "Ron, you're wasting your money. That coffee thing is a fad. It's not gonna be around much longer." So, got we've always had drive-thru coffee kiosks. They've always been 400 square feet. They've all had two drive-through lanes. Um and we've decided to bring our business down here to South Florida. We're we're not a franchise. U it's it's a locally owned business in Oregon and and our daughter lives here. Uh we've got two of our managers from the Northwest that have moved down here and um and we plan to be a locally owned, you know, drive-through coffee retailer in in South Florida here. We've got um I don't know if I say we've got several projects going on in the area, Port St. Lucy and another one here in uh in uh Stewart. And so um we we know what we're doing. We've been doing coffee for 33 years. Uh we serve an incredible cup of coffee, but more importantly, we serve an incredible experience. And um I'm I'm not a I'm not an attorney. I'm not a developer. Um I I'm not an engineer. We've got engineers. We have developers here to support us. I'm just a coffee operator. And uh I think what we want to bring to Stuart would be a real addition, a neat addition to the It's interesting because um in Oregon there are literally uh just in the suburbs in the cities of of Portland in the suburbs, there are literally hundreds of these drive-through coffee kiosks. They're all over the place. And the reason is is because 80% of Americans drink coffee. And if you're a coffee drinker, hopefully some of you are, you drink it every day.

It's it's not like u burgers or chicken sandwiches. Um we we don't need a lot of signage. Um because what happens in in the Northwest and what's happening down here is people they they decide they're going to get coffee on their way to wherever and they find their place they want to go and they go there every day. [clears throat] And in most cases, we we know them. We see them coming. We know what they drink. uh we have their drink ready for them when they get to the window. We talked about queuing a little bit about queuing and I'll just make this comment. We we don't the the digital menu see right there is a is a is is simply a menu. It's not an order box. You know, we have an app. You could go to the app Apple store and download our app. Uh we promote order ahead. Um the window actually becomes really more of a pickup window because between order ahead and uh and we have what we call line busters. You know, our people go out into the line with a handheld device and take orders, take payments. So by the time people get to the window, um it's it's just a pickup window. So we don't need an order box. We like the personalization that comes with not having an order box. And so um we're excited about our concept and I I think that the city of Stewart um will be too once you see us in action. So I'll let um um my Yeah, my I don't know if Jeff Jeff is from he he's one of the he's the one of the principles at at Conover the shopping center. you have here.

Uh, I'll be brief. My name is Jeff Williams. I'm the head of development for Conover South. Um, we own the shopping center. We own several other centers in the Treasure Coast area. I personally live here locally in Palm City. Our offices are in Deerfield Beach. Uh, we've been in the state of Florida since 1957. Uh, we're fully integrated, which means we don't outsource any of our work. We're long-term holders. So, we are developer, landlord, operator, property management, legal, everything in house. So, um, as you guys know, there was a previously approved building, uh, on this site. It's been there for a long time. I think the Aldi originally was approved in 2018, uh, if I'm if I'm correct. So, that parcel has been sitting vacant for quite a long time. Um, we've turned down a lot of different tenants in that parcel after we added the Burger King because we needed the right fit. Um, we love this concept. Um, I'm sure you guys have seen different versions of this concept around the state, uh, around the country. They've come and gone. um they've nailed this concept. So, we've spent a lot of time with Ron. Um and you know, I just want to lend my support to the fact that don't let the small size fool you. This is a premium product that they provide. It's a premium guest service. It's not like any of the other coffee coffee users um that we that we have here in town or really in in Florida for that matter. So, um we vetted them out um pretty heavily. Uh we're super excited to be involved uh with this project. Um, and we just like to not only lend our support to it, um, but it's a tenant we're happy to have. And I I think it's always important to understand, particularly for anybody in the community that is here, exactly what is being asked for. So, I just want to reiterate what was already said. This is an approved use within this development. So, this development is already zoned. The straight zoning for future land use is commercial. It allows this as approved use. It's also approved use in the customized PUD. It's a reduction in the density of 90% compared to the last building and as opposed to maybe some

higher volume food use drive-through restaurants. It's also reduction in the traffic and as you guys know there are requirements for methodologies with the traffic reports that are standardized by the state that are accepted. Um, and then I would also add as far as the architectural goes, um, within this PUD, it exists in some other PUDs, but within this PUD, there is no unifying code that requires every building to look exactly the same or even similar. If you notice, the Burger King is different from the Aldi, and the Aldi is different from the center retail. If you look across the street or next to us, obviously the Walmart is what it is. But all the car dealerships have evolved over the years with different types of elevation. As you know, everything that Wallace has going on on the market, they're all different. This is a pure commercial corridor. Um, the access is already in place. They're not changing any of that. They're not asking for any additional monument signage. Um, the queuing process that they set up is fantastic. So, from what I can see at the end of the day, what we're asking to for is just an amendment to the site plan and then the deviation required for the drive-thru. And in our initial conversations with city staff, I just want everybody to be really clear. It's not so much as a deviation as the two drive-thru is silent in the Steuart code. So, we kind of had to work through that process. You know, that is a model that has come and gone. Very few municipalities address that now. They're more addressing the elephant in the room of drive-throughs, which is the Chick-fil-A, you know, who are creating a volume at a level that's, you know, not always sustainable. So, um, this is a great development. The access is controlled. If you read through the staff report, it's extremely detailed. Um, they hit acceptability and recommendation of approval by staff on every single category. They did everything they needed to do from landscaping updates to traffic studies um to the light studies to verify the light spill. And as you guys know, the water retention system is very, very important. And I don't know if you guys do know or don't do um I did this

original development myself. All those retention ponds in the back are actually certified little preserve areas. So, it's I I kind of nerd out on this stuff. When you drive through there, there's all kinds of animals in there. So, it's a it's a beautifully run development. Um, if anybody has been by this portion, our center is from the is from the uh Burger King all the way to the Aldi. We've never seen a single maintenance issue in this development. Um, we even went ahead in the future or in the past, I'm sorry, when the multif family was coming along, we widened that road. We widen some of the turn angles into the shopping center to make it more compatible for everybody. Uh, and I think the way that the site is designed as well with the master planned um, access along US1, um, the traffic is, it does a really good job of internalizing it with the, you know, with the set drive-throughs in the way that you can get directly from the Aldi all the way over to the Burger King and all the way around the back without having to leave the center. Um, so we took a and and Ron will attest, we took a really hard look and a long time working through this site plan to make sure that this double loading drive-through worked. Um, you know, Ron talked to us about, you know, their speed of service. Um, it's not moving through cars faster, it's getting the customers their cups of coffee faster. So, it's a really efficient design. Uh, and unlike a lot of other users who have failed in that, they've mastered it since, you know, since 1993. So, we're super excited. Um, we think the architecture looks great. There's not a ton that you can do with a 400 foot building. Um, we think it's really great. We uh we like the fact that it has a little bit of contrast. Um, it's very easy to do those buildings as pre-fabricated or it's just uh, you know, if you've been down to Miami, you've seen there's a bunch of Starbucks that are actually done in in storage containers that are pickup only. Um, we think this stuff looks great. It's fantastic. Uh so we fully support it and again um from the landlord and the owner standpoint uh we hope you recommend we we hope you recommend approval on that

site plan modification the elevations and um the variance required for the drive-through lane. And if you have any other questions I'm happy to answer. Okay. [clears throat] Thank you very much. The board members have any questions? Do we have anybody else? Do we only if you have any questions? Okay. Do the board members have any questions for the petitioner? So, Jody, tell us I thought when we had spoken that there was something about the signage being too large again.

So, when this plaza was originally approved, after going back and looking at it, this signage meets the intent of the plaza. It does not. It's not an oversized uh plaza uh signage. Oh, I thought this coffee sign that's going down the front or something is larger than if if I took the after we had spoke, I went back and looked at it and um their overall signage plan has a a foot a size limits and this meets this is under that threshold.

Okay. And I know you and I had talked that they were um allowing or they were asking for a 70% impervious and that the code is 65% but then you said that when this was approved they actually had gotten the approval for the 70%. Um, but what about the other like Burger King and the other like I I guess I feel like it's a a house of cards. If we keep each plaza goes another five 10% more impervious, then next thing we know we've got more water runoff and as that's obviously a huge issue in Florida. Um, do do we know if the other buildings on as part of this plaza are also over the 65%. So if you look at the entire site, um in 2018 this site was extended to allow the 1.27 acres. Um it was originally at at uh three little three and change and then they added to this commercial plan development the overall acreage to the 4.43 I do believe and I apologize that's probably not the actual accurate numbers to allow this 1.27 site. So when you're looking at open space requirements and your pvious and impervious requirements, you're looking at the overall plan development. So if you take the site itself, they would be over that they would be right at that 70%. If you take the overall site and all the open open space requirements and the preserves and the um mitigation they have done um by adding the different uh storm water connections um they they are below that 70%. It's just with the particular site it does look like it's at 70% but it is overall meets the minimum requirement.

Okay. Thank you. Um, does any other board members have any questions? Do we have the height comparison of this compared to the buildings on either side by chance? Anybody? It's hard to I mean, it's such a small building. It's But it's like the elevations like make it, you know, scale. It's hard to get a feel for it compared to what's there. So, the height is 20. So from the top of where the coffee rush on the site it says site elevation if you're looking at the front row it's 20 feet and then how big I mean like in comparison to the other buildings on that plaza

the top of that Burger King is probably on the their tower where their sign is

the highest one of the Burger King building where their sign tower is directly next to it is probably somewhere between 26 and 32 F feet. That That's typically kind of average for uh for that type of user. And then typically on the m on the multi-tenant building next to it, we typically put the roof line at about 28 feet. So depending on the parapit height, which may be six six feet, that that roof line's probably 28 feet, could be a little bit higher. Um so it looks like they have a we have a pretty good parapit height on that mattress firm building. So it certainly won't be um you know, it will look much smaller from the rear loading road than the front. And that's one of the benefits of that angled uh roof line um with their uh you know with their support pole that's they're they're attaching the signage to it. Um but you know an overall scale it's only a 400 foot building. So u but from the you know from the overall view it'll probably look kind of right in between those two.

Okay. Do you have a color scheme for what it's going to be yet by chance? Uh I think the elevations are there. It's going to be this this is the color scheme gray. bronze bronze anodized gray bronze. I think one one com I want to make because I'm I applaud Jod because she grabbed some photos of some of our stores in the Northwest which is great. She prepared for this meeting very well. Um we we you notice this is a different design. Yeah.

And the reason it's different design is because um we we've had the stores in the Northwest for 33 years. It's a Northwest design to me and we wanted to come down here with a different design. You know, one of the advantages of our small building, it's a 400 foot building, is it fits on a parcel like that. That's a 1.27 acre parcel with a probably twothirds of it's taken up by the Burger King. So that parcels, I don't know what that parcel is. Can't be more than half an acre. Our our building fits on those little halfacre parcels that what would the what would the developer, the landowner do with it? You can't do a Burger King. You can't do a convenience store. You can't oil oil change maybe. Um, so, so that 400 square foot building fits nicely on those very small third of an acre parcels that you couldn't do anything with otherwise, but because it's a small building, if we don't make it kind of cool and eye-catching, you know, uniquely designed, people can drive by it every day and not even notice it. It's it's it's so so we're kind of in that little spot where we got to have a kind of an interesting, cool, hitchy looking building to get people's attention. So, that's kind of went hope. It wasn't it wasn't it wasn't

it's not it's Miami [laughter] not not Stewart I think that but welcome to the community but I think that you know again it but it matches the condos and some of the other buildings in that plaza that are very Miami and modern too. It's just again I feel like we're a coastal seaside town and we're getting all this Miami architecture. I'm from Oregon [laughter] Miami but I would we're not doing any sort of Miami. Okay. Do we have any other questions from board members? It's not a question. I I think it's a nice concept. I like it. Welcome. Thank you.

Um would anybody Does city staff have a response to any comments related? No, ma'am. Okay. Does the petitioner offer want to offer any rebuttal testimony? Okay. Um, we are closing the hearing based on all the evidence and ask the board members to deliberate in in public asking to site facts being considered and then state their position and formulate a motion. Do we have a motion? I move to accept the plan as presented.

Do we have a second? Is it amend the motion at this moment or I just second first? Uh can the second amen amend the motion? You can ask her to amend the motion and state reasons for why and yeah. Okay. But if she doesn't get a second, it would die and then someone else could make a motion. Um

yeah, as much as Yeah, we mentioned the architecture style isn't Be Stewart, but at the same time, the scale of this building, it's got to be something different. You're not going to force Stewart on the scale of the building. The only thing I would ask to make maybe amend the motion is just adjust the color scheme to be more in line with the shopping center and the adjacent buildings. I would agree. So, um, can you respond to that?

Yeah. Yes. So, and I'm I'm just speaking generalities, not not specific for Ron, but um everybody has a different unique opinion on architecture in what it should be. So, we rely as a developer, we rely on the code. We rely on what the current city staff and elected officials have decided and what previous city staff and elected officials have decided. There are guidelines that require the elevations of each commercial building to be built to certain standards. They mention the standards, the number of items that were required to hit and that it met those requirements. So, if you are making a recommendation to change something, we I understand that it's a recommendation process. We would ask that recommendation that recommendation include the statement that it already meets the architectural requirements in place. that that is a preference being asked for as opposed to we'd like it changed because it doesn't meet the code.

That's not normally how we handle it. And the rec the and correct me if I'm wrong, Jody, but I think you and I talked about that there's certain like they have to have certain features, certain number of features architecturally, but I think we're talking more color and I don't know that that's an architectural feature or something. I also say again I as well live live in Seward and I agree it's a I mean geographically obviously it's a coastal town but we also in this development which is a PUB and the adjacent commercial of Walmart and all of the architectural across the street there is no coastal architectural here there's no Wayne's coat use there's no metal roofs

but we're not asking for that he's asking for a difference in color because it's the dark gray and the dark brown correct it's not asking for building completely Totally agree. Yeah, it fits with the It fits with the modern Miami buildings behind it. It does. It's just It is a more modern building. We're just saying the colors doesn't fit. Pre-fabricated stuck field. Yeah. What What if we softened that gray into a warm earth tone that matches in with the wood color? Would that be something that's acceptable? I'm getting that. Exactly. Yeah, absolutely. No problem. I just I just always want to make sure because sometimes those rec you know if you add coastal then that sometimes can spiral. Okay. Yeah. Fits with the plaza. I mean [laughter]

that's a that's a that's a reasonable request. So Ron Ron will agree with his architectural team to take the main field color of the stucco and add a comp and change it to a complimentary earth tone. Okay. Fair enough. Complimentary to the correct. So we move to um we move to accept the plan with the um adjustment to the the colors. Is that good enough? A complimentary earth tone to complimentary earth tone. Now do we have a second? I second.

All righty. comments. Public comments. Comments. Do we have any public comments? Do we have any public comment? I have none. Sure.

I'm Mark. I'm [clears throat] Mark Valentine. I live behind the proposed coffee shop. I live at uh 3930 uh Caladium Court. And I guess my question to the operator, Mr. Yoast, is just hours of operation and just also a confirmation that there will be no squawk box early in the morning. U those are my concerns. Okay. And you know, the building looks very nice. Okay. And I think that you discussed that there actually isn't an order box. An order box?

No, there's no Okay. So, all right. I probably shouldn't do this, but I won't name my competitors, but we have some competitors. One of them I will name Dutch Bros. If you've heard of Dutch Bros. I mean, they're they you'll hear more about them. They're a national brand. There's there's three of us that started in Oregon. There's Dutch Bros., there's Black Rockck, there's Coffee Rush. We all came out of Oregon. We all started in 1992. Dutch Bros is a public publicly traded company. They're a bit like Cali, you know, Cali Coffee. Mhm. They they really appeal to the younger group

and so they play the loud music and I don't know if that's what you're referring to with squawk bop, but they play outdoor loud music and they've got their hats on backwards and their shades on and they're serving young people and that that's not us. We we we we are probably the best alternative to a Starbucks, okay? Because we have good cappuccinos and good mochas. We don't do blended energy drinks. Um and and so um we're we're we're kind of like a a little mini version of a drive-through Starbucks. We've got all the equipment they have inside of a Starbucks. There's no seating, but it's just a little mini version of a drive-through Starbucks. So we don't have, you know, loudspeakers out playing music. Our our hours are we're typically open from 5:00 a.m. till 8:00 p.m. Okay.

So we are open and we do most of our business before 10 in the morning. So uh but but that's you know, we don't like the loud noise either. So Okay. Thank you. Okay. Do we have any other comments? I have no more chair. Okay. Come on.

John Yevvic. I live 39 38 uh Cladium Court. Uh, so I guess to piggy back off of what, um, Mark just said, um, as far as noise goes, I mean, I'm guessing a noise study was done, um, I mean, I guess my concern is given the fact that you open at 5:00 a.m. and you know all those you know Burger King and then you know with the coffee butts up right to you know those town houses that we live in one of them being mine that that that is right there on the road. Um I mean you know what kind of noise study was done you know given that you know 5:00 a.m. we're going to be having all you know double double drive-thrus. Um, also, um, is there a walk-in, I mean I mean a walk up, uh, for coffee as well, too?

We do have walk up. Okay. So, so aside from the double drive-throughs, you're also going to have people out there, you know, 5:00 a.m., you know, standing in line to get coffee, um, with all that noise outside, you know, right there to, you know, light study, you know, did they do a light study with, you know, with with all those headlights, you know, against it. So, those are my two concerns. Um, you know, were those things taken into consideration? So, that's it. Thank you. This is North right here.

Uh to answer his question, so in the staff report, you'll see um you'll see the light study in there. So that's that's already included. So I think to answer some of the questions um typically when you get a requirement for a noise study, it's from an external noise generator from the user, right? There are no external noise generators from this user. So when you pull in um any of the noise that he's talking about car, yes you have cars make noise. Uh somebody ordering or getting out of their car talking with their kids or their construction team. I just say that because it's 5 six o'clock in the morning. You know that is the noise. So when you pull through the drive-thru, what Ron was mentioning is there is no communications through an order board. You know, there is none of that. Organo coffee restaurant.

Yeah. That doesn't that does that doesn't exist. You order for the app and you know you you get up there and you just go straight to the window and you pick it up. So, as far as external noise generators, there aren't any at this business. So, there was no requirement for a noise study uh to be done. And I I certainly I certainly don't say this um um you know, to be rude in any way, shape, or form. I completely understand what you're talking about as far as living in a multif family area right next to commercial development. I've lived in many of those, you know, through my time. But when I would also add when the multif family development was put forward, all of this zoning in these commercial uses were already in place, including the 24-hour Walmart, which is right there. So, sure, additional users add, you know, are always going to add to something, but this is about as low impact as you can get on a commercial user from a noise and a light standpoint.

Thank you. Thank you. Well, I'll just add to a lot of your concerns is we we serve about 300 customers a day in the Northwest. see what we do down here. But um of the of the 300 customers a day, we might have six or eight of them before 6 a.m. So I mean just it's just we most of our volume is between the hours of seven and 10 is when we get so typically 5 a.m. we might have customer.

Just one one other question is deliveries. What time do you get your vendor deliveries?

Yeah. Yeah, that's great that's a great that's a great question. So, so typically our our milk um and our bakery um deliveries come before we open. Um and and so uh I mean they're they're not making really any noise other than trucks. The rest of the deliveries come UPS. We we don't have any there's no semis coming in here. We don't have semi-truckss. We're not we're not that big. We don't do that kind of volume. So, we get milk, we get bakery, and and then we have our coffee roasted in the Northwest by our our roster up there that delivers UPS. So, okay. Thank you. Okay. Can we uh take a vote, Vice Chair Peterson?

Yes. Board member Vogle, yes. Board member Bramfield, yes. And Chair Lorine, yes. Welcome to Stuart. Thank you guys. Thank you very much for letting me visit your chamber here. Thank you. Nice to meet you all. Do you have any other staff updates? Uh, no ma'am, we do not. All right, we are officially ajourned.