Built from the City's minutes records — no AI-written textBriefing final
The City's record
What the City's record shows
Built only from the City's minutes (1534_PZ_Reg_Minutes_02_07_2024.pdf). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
Listed present when the roll was taken: Justin Simpson, Todd Anderson, Ron Chabot, Aleck Greenwood, Marcus Wheeler, Merrybeth Burgess, Veronica Lopez-Valez, Katherine Stewart
(Checked against the ballots and the printed roll lines; no independent membership list of this board is available to confirm that the roll is complete.)
Listed absent: Wesley Park
Also listed as present (staff and other roles): Mike Blake (Mayor), Stockton Whitten (City Manager), Kristin Eick (Board Attorney), Luci Ribeiro (City Planner), Lori Chabot (Recording Secretary)
Named on at least one ballot later in the meeting: ANDERSON, BURGESS, CHABOT, GREENWOOD, LOPEZ-VALEZ, SIMPSON, STEWART, WHEELER (participation, which can differ from the roll: arrivals and departures are in the minutes' text)
Adopted actions (5)
to APPROVE THE FEBRUARY 7, 2024 REGULAR MEETING AGENDA EITHER AS WRITTEN OR WITH AMENDMENTS (moved by ANDERSON, seconded by CHABOT); PASSED 8-0; ayes: SIMPSON, ANDERSON, CHABOT, GREENWOOD, WHEELER, BURGESS, LOPEZ-VALEZ, STEWART; nays: none — the City's minutes, pp. 1–2
to APPROVE THE DECEMBER 6, 2023 REGULAR MEETING MINUTES WITH AN AMENDMENT ON PAGE 12, IN THE MOTION UNDER THE NAYS, CHANGE BURGESS TO ANDERSON (moved by SIMPSON, seconded by GREENWOOD); PASSED 8-0; ayes: SIMPSON, ANDERSON, CHABOT, GREENWOOD, WHEELER, BURGESS, LOPEZ-VALEZ, STEWART; nays: none — the City's minutes, pp. 1–2
to ELECT JUSTIN SIMPSON AS THE CHAIRPERSON AND TODD ANDERSON AS THE VICE CHAIRPERSON FOR THE PLANNING AND ZONING BOARD (moved by GREENWOOD, seconded by STEWART); PASSED 8-0; ayes: SIMPSON, ANDERSON, CHABOT, GREENWOOD, WHEELER, BURGESS, LOPEZ-VALEZ, STEWART; nays: none — the City's minutes, p. 3
to RECOMMEND APPROVAL TO CITY COUNCIL the large-scale site plan and preliminary plat, pursuant to Chapter 18 and Appendix A, Zoning, Article XIII, Sec. 1 of the Cocoa City Code, of one (1) parcel of real property, totaling 246.43 acres, more or less, and generally located on the northeast corner of … (moved by GREENWOOD, seconded by ANDERSON); PASSED 8-0; ayes: SIMPSON, ANDERSON, CHABOT, GREENWOOD, WHEELER, BURGESS, LOPEZ-VALEZ, STEWART; nays: none — the City's minutes, pp. 4–5
to RECOMMEND DENIAL to City Council the Zoning Map Amendment consistent with Appendix A, Zoning, Article XXI, to change the Zoning Map designation of 11 Parcens totaling 1.39 acres from C- P (Commercial Parkway District) to C-N (Neighborhood Commercial) as depicted on Exhibit A (moved by GREENWOOD, seconded by STEWART); PASSED 5-3; ayes: CHABOT, GREENWOOD, WHEELER, BURGESS, STEWART; nays: SIMPSON, ANDERSON, LOPEZ-VALEZ — the City's minutes, p. 7; the vote on p. 8
Motions not adopted (1)
to RECOMMEND APPROVAL TO THE CITY COUNCIL TO CHANGE THE PROPERTY from Commercial Parkway District (C-P) to Neighborhood Commercial (C-N) (moved by SIMPSON, seconded by ANDERSON); FAILED; ayes: SIMPSON, ANDERSON, LOPEZ-VALEZ; nays: CHABOT, GREENWOOD, WHEELER, BURGESS, STEWART — the City's minutes, p. 7 Corrected to match the minutes, page 7; the minutes print the figures (5-3).
Agenda (the City's wording)
The City's agenda for this meeting is on file (PZ_Reg_Agenda_02_07_2024), but its item list has not been read reliably by machine yet, so no outline is shown.
Transcript Partial transcript
Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have
not been checked against the audio, so words, numbers and names can be misheard.
It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's
minutes do that (above).
A time links to its passage, and “Copy link” copies that link. No recording can be started from here.
469 suspect passage(s) marked in place; inspection incomplete: language review; 3 stretch(es) where a voice was detected and no words were recognized.
How this transcript was made. New machine transcription of the whole recording, with 19 voices separated from the audio.
58 short machine repair(s) (76 word(s)) are labelled in place, with the original words beside them: an ordinary word was replaced only where two further machine readings agreed on a different one.
Checks run on this transcript: the recognizer's own warning signs and whether a voice was detected where the words are. Not completed: language review.
A second, independent machine reading was compared with it word by word: the same words for 92.6% of 21,682 content words.
Dotted words (448 places) are ordinary wording differences: hover or tap to see the other reading.
469 passages (23% of the words) are marked suspect: their words are not shown ("unclear audio") and support no statement: numbers, amounts, negation or names differ; the language review questioned them; or no voice was detected there.
Agreement between two machine readings is not verification.
Inspection is incomplete: language review.
Voice detected, no words recognized (3 stretches). Something may have been said here that the transcript does not have:
00:00:00 (1619 s) — neither reading has words
00:27:33 (9 s) — neither reading has words
02:45:42 (7 s) — neither reading has words
Speakers were separated by voice. A plain name rests on evidence tied to that voice; “provisional” is a name from an earlier text-only pass and is not verified; “Speaker N” is an unidentified voice.
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far in it, I would just like uh everybody to be courteous. um If you could, please go ahead and silence or put on vibrate all cell phones, PDAs. If any of you are still rocking the beepers pagers, by all means. um And
enter the, into the hallway, but also do be mindful. It is all tile. It is all walls. So unless you want everybody in this room to hear your wonderful conversation, I suggest you probably step away from the doors or exit one of the double doors and go outside. Appreciate that. Okay. ‸ So let's go ahead and has everybody had a chance to look over tonight's agenda?
Okay. All in favor of approving tonight's agenda agenda as submitted say aye. Aye. Any opposed? None heard tonight's agenda is approved. Okay. Does any has everybody had the
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Okay. If there are none, no other questions, comments, concerns, I would like to go ahead and nominate a motion to pass with the Mr. Anderson's correction for page 12 under section E where the nays list Burgess as one of the nays and have it corrected to Anderson.
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Are you willing to serve more another year? I would be willing to serve another year. But under the condition that you just have to understand, Mr. Greenwood, that I possibly may be moving out of the city soon.
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I'm a principal with inspire place making and we assist staff with development reviews. So I'm going to take you through a PowerPoint. Um, just giving you some highlights of this application. If I can get this to go, which button is it supposed to go to do?
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from the applicant. We're going to talk a little bit about the history of the property, our findings, and finally our recommendation. So for the next slide, we're going to talk about location. Next one. So
528, and it is approximately ‸ 246 acres. Next. Next. In terms of existing conditions. So the future land use map designation for this property is very low density residential, which allows up to four dwelling units per acre. Next.
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It is a single family residential district. Next. Next. So looking around the property, uh, what do we have? So to the, uh, west, north and east is, uh, unincorporated Brevard County. The, um, zoning designations, uh, to the north and just west, north and east is residential one unit per two and a half acres and to the south, which is within the city limits. The,
density residential, just like the subject property in terms of zoning. We have agriculture to the north and to the west across 95 and a general use, which is a residential designation, uh, to the east, the property to the south on the other side of 528.
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to the next one. So what the applicant is requesting is approval of a large scale site plan and a preliminary subdivision. ‸ Next. The development program shows, uh, 350 single family units and they are proposing to do this in phases.
small park and the north access to the site phase two, which is pretty much the south east part of the site. Uh, it includes 103 homes and amenity center, large one, a small park and the access from the east phases
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the county, uh, challenged the annexation. So it was not until 2008 that a stipulated settlement agreement was approved and it contained provisions related to density, buffering and access. Buffering
Now in 2019, uh, the city and the Virgin trains on the property entered into an implementation agreement. So pretty much it was like, okay, let's see who's going to implement what parts of these, um, agreements. So what are the responsibilities of this city versus the developer? Then
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the next slides. So the, um, the original stipulated settlement agreement that was, uh, approved in 2008. So at that time they said that they were going to do 500 units and at a density of 2.03 units per acre.
Then in 2019, when that implementation agreement was, um, considered, um, the, the layout showed that they had gone down to 320 dwelling units from 500. Uh, it established that the minimum home size was going to be 1500 square feet of living area. It
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And at that time, uh, there were some details established in terms of the private recreation space that was going to include trails and amenity centers, some small parts, uh, throughout the community. And some fields and courts. Uh, it included some provisions related to streetscape requirements and the requirements for the entrance feature.
but it was not finalized until this year. Uh, basically it included three items. One allowing them to, uh, do stormwater harvesting in, instead of using reclaimed water, the development went to 350 units. And then there is a provision related to the tree mitigation deferral. Okay. That's the
So our findings, basically the layout that we're considering now, it's very consistent with the layout that was previously approved in 2023. The unit count is at 350 now, which is way less than the 500 that was initially approved in 2008. Although in 2023 it was
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agreements. So the recommendation, um, can go to the next one. We have, um, ‸ sorry, one more thing. Uh, so there were, uh, specific items related to the amenities that, uh, the applicant agreed to do, uh, that they were going to have a clubhouse that was enclosed and a swimming pool. The
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concrete. Uh, utilities are going to be underground and they're going to be using energy efficient materials. So all those, um, features are going to be, um, in place. And if we go to the next slide, so the recommendation from staff is for approval of both the large scale site plan and the preliminary subdivision. And we have a list of 15 conditions. So I'm going to go through those. Uh, number one, uh, of course, the development is going to have to comply with the approval of the preliminary subdivision plan and the large scale site plan. Uh, now the PNC approval is going to be conditional upon the council approving the plat. number three,
All the different departments review the plans and there are some miscellaneous items that they're going to have to comply with. And those were issued in two exhibits. One was exhibit a, which was distributed last week. And the other one is exhibit B, which we just received, uh, more recently. And I think that was going to be distributed today, um, to the board.
for each phase before any certificates of occupancy are issued for the following phase. Uh, number five, the traffic signal from the east entrance. So that would be at Angelica and Grissom Parkway. It will need to be installed prior to the issuance of any certificates of occupancy for residential units within phase three.
but before phase three, they need to do that light. Number six, the clubhouse needs to be enclosed with heating and air conditioning. Uh, number seven, again, the driveways need to include either stone brick pavers or stamped concrete. And number eight, the utilities, um, in the property will need to be underground unless there is a reason why they couldn't be. And
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the single family homes will have to be 1500 square feet with an average of 1800 square feet. Number 11, the architectural elevations, uh, we're saying that you cannot have two houses in a row with the same style or across from each other or even diagonal to each other. This is to provide variety of architecture. Number 12, the developer needs to comply with the tree protection and preservation requirements of the code and the tree mitigation provision that I mentioned that was part of that implementation agreement. Number 13, uh, the developer, uh, needs to comply with all the comments by the city surveyor. Prior to
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approval. Number 14, the applicant has to provide notice to the city, uh, regarding the ownership and maintenance of any common areas, whether it's going to be the HOA or the CDD. And then the last one, uh, prior to the issuance of any residential building permits, um, the applicant needs to bat needs to provide documentation from the county stating that there is capacity available to serve the project from Brevard County public schools. And that was the last, um, uh, condition for recommendation. And, uh, if you have any questions, I'll be happy to answer.
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as any delay towards this. I find it. The findings are consistent. The scale and scope of the project are within the same means. So, I think we can look for any public comment
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Um, certainly we have spent an inordinate amount of time with, uh, your staff and your team who work extremely diligently to protect, uh, the city's interest in this regard. But let me just give a couple of, uh, points of context. And, uh, ‸ here with me today, you have, uh, some executives from, uh, Mountain Cove homes as well as from bright line. And our engineer of record is here as well, just in case if the board may have any questions relative to specifics of, uh, what was presented, uh, previously by the consultant or what may be presented by, uh, members of our team. Uh, you know, we, we've been asked multiple questions. Uh, as you can see, you
that you might consider go well beyond a time when Brightline or Mountain Cove, uh, was an owner of this particular property. There were proceeding development agreements that bind us that were, uh, well before our ownership, the annexation case between the city and the county was referenced. And so the settlement agreement that emanated from that ultimately, uh, impacted this development. Uh, we've been asked most questions about, well, you came before the city council in 2019, and it's taken all the way till 2024 for you to arrive here today. Uh, originally Virgin trains, who is the predecessor, um, uh, name to Brightline, uh, came to the city for the necessity on this particular site, um, to dig a pit where fill material was used for the construction of the Brightline train project. Uh,
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there was further that settlement implementation agreement, which was in essence, the development agreement itself that governed how this property would ultimately be developed. So as the, um, site was excavated over time, that's been going on since 2019. Even since that excavation was complete. If you think back on the settlement, uh, ‸ settlement agreement between the city and the county that you may have had an opportunity to review, uh, the team had to go to ‸ the county because it was still within the county's purview, even though this project exists within the city to make a decision regarding how the property would be accessed. So in that settlement agreement, it specifically only provided two options and that was a county decision. And so we had to wait until the county decided how that property was ultimately going to be accessed. So we've made it through those particular steps and worked with, uh, not only inspire the county's consultant, but with the, I'm sorry, the city's consultant, but the city staff to get here today to provide to you this large scale site plan and preliminary subdivision.
Jose Gonzalez, who is, uh, one of the development executives with Brightline to kind of give you some more context and details relating to the project. Uh,
of record, uh, from DRMP is also here in case you have any specific, uh, technical questions as well as the owners of mountain cove. So one of, uh, each of us will be available for questions, but let me allow, uh, Brightline and mountain cove to make that presentation. If there are any additional questions for the, uh, ‸ engineer of record, Mr. Chairman, we'll be happy to take those as well.
[00:55:40]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
Good evening, Mr. Chair. Uh, my name is Jose Gonzalez. I'm the executive vice president of Brightline and Florida East Coast Industries, the parent company of Brightline.
[00:55:48]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[00:55:52]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
Lucy, um, city attorney Anthony and, and the manager Stockton. They've worked tirelessly to get us here. And it sounds like a long time, but how it all started is what Kendall said is we wanted, we needed
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[00:56:08]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
Right.
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[00:56:11]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[00:56:14]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
The city worked for us from day one.
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[00:56:18]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
but they made a request more demand almost.
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[00:56:26]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
we need to make sure we just don't leave a lake there that doesn't have a value to the city. And we signed up for it as a partner with the city from day one on Brightline. And now with, uh, with this, uh, subdivision to really make a, the project, uh, is probably very unique to this area. And
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[00:56:49]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
what proper planning and working with the private sector and the city can produce that type of product. And
[00:57:00]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
the day where people are chopping down into smaller lots. We said, this is the right transition from the estates on the east towards 95 as our, our Western buffer. And part of that, it required us to have a lot of conversations. And we did that, all that while still building Brightline and, and, and
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[00:57:21]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
infrastructure requirements. And really what I want to say is thank you. Uh, cause it doesn't come often where government really steps up and becomes a real partner to the private sector. And that's, you know, the leadership from the mayor,
[00:57:33]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
want to publicly thank him as well, because it's that leadership from day one. I first met him in 2011.
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[00:57:40]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
right?
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[00:57:44]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
we want to continue to deliver on the promises we made to the, to the
[00:57:47]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[00:57:52]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
details, but we want to just be here to answer the questions and really say thank you for all the things that the city, uh, has done for us.
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I just needed to know if you need anything clarified before I open it up to the public. That way, because any questions you have today. Okay. I might answer some public questions first.
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[00:58:41]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
The
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[00:58:43]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
by the developers, because as you saw, the minimum is 1500 square feet. and I
[00:58:48]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices · Unclear audio
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[00:58:52]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
and the market, and again, they haven't determined the exact price point, but these are homes that
[00:58:57]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices · Unclear audio
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[00:58:58]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
half a million to a million is what he's saying he's a developer I'm a trained guy so I can't speak for residential stuff
[00:59:06]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices · Machine re-recognized
I can
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[00:59:06]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices
tell you what the
[00:59:07]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[00:59:09]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
I can't tell you that through the cost of the homes we've teamed up with them to make it a reality but that the market that dictates that and I think if you look at the type of product, it is a higher scale product.
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that's fantastic one other question is the and this might be to the attorney I know that the city of Cocoa has interlocal agreements because of our enclaves you know with the Brevard County share our fire rescue you know for the enclaves and stuff do we have an interlocal agreement with BCS oh for quicker response to these areas since we don't have patrol in that area generally?
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right okay I just want to make sure that these citizens are are gonna ‸ be responded to, you know, in a timely manner, since the sheriffs are already covering that area. So. let
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uh I just had a question I got here a little bit late I was I had received a notice of for the planning because of where my property is I just curious on two things that area that you're getting ready to develop is full of wall I mean has a lot of wildlife out in that area and that area there's scrub jays or gopher toruses or wild pigs all things that I see you know a lot of that run home and they try to get my yard all the time I'm just curious of whether you had a study done as you know what's out there because um we had a
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lot of houses and everything that's out there already. That's really just, uh, my main thing was the environmental was ‸ not the animals had been, I said, even as to what animals are on there. Thank you.
[01:05:04]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
So, so again, Jose Gonzalez with white line, um, to answer the gentleman's
[01:05:08]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[01:05:13]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
That's almost like an ongoing thing until they actually start the construction that the final relocation, but there is a plan that's been approved by the, by the district and we've paid mitigation to relocate the, the, uh, both, uh,
[01:05:25]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[01:05:30]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
[01:05:30]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:05:34]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
that we have had neighbors that do hunting in that property. It's a very large property and they, they do catch wild boar. So I imagine as we, we do the, uh, the development, they will, you know, the animals will go find other forested areas as far as the ones that are not protected. The ones are protected. There's a whole plan for, for that, that, uh, that is required by regulatory compliance and we ‸ are doing that. Um, he had a question about the canal. So we have a canal in the north and we have a canal in the east. So
[01:06:00]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:06:02]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices
to address the board, but I want to be sure. Civil
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[01:06:07]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
So yeah, so the canal is our, our northern boundary between that neighborhood and this one. Um,
[01:06:13]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:06:18]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
again, the protected ones, we, we have a plan for the ones that are just wildlife, wildlife, uh, a, this is sort of, we will deal with it and, and we've, we've addressed this and we've had conversations with some of the neighbors to the north that want to know about how they can actually possibly help remove some of that wildlife, uh, from through, through, through a hunting license and things like that. And we, as good neighbors, always have conversations with, with our buddy neighbors.
[01:06:44]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices · Unclear audio
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[01:06:55]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
Okay.
[01:06:56]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[01:06:59]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
like drop into, there's a buffer, the landscape buffer that we have between the canal and ‸ the first development. Okay. Okay.
do you have any other questions before you step down? So that way you can get anything else.
[01:08:46]Speaker 11 (introduced as “Robert Hill” — machine-transcribed, not verified)
No,
[01:08:46]Speaker 11 (introduced as “Robert Hill” — machine-transcribed, not verified) · Unclear audio
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[01:08:53]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[01:09:01]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
as a landscape plan will be planted. There are exotics amongst
[01:09:05]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[01:09:09]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
the city's landscape code for the type of trees we're planting there. So it's whatever is there,
[01:09:14]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[01:09:19]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
replant proper trees there. So, but there still be a tree line between the canal and the first development. Okay.
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and I live at [address], and I would be one of the homes that would be affected by this, the because I live just north of that canal. ‸ And it's, I moved there 21 years ago to to get away from all of the craziness ‸ You know, i
so my reason for picking the location that I had is that you had acres, hundreds of acres of wilderness back there. Now, I know that another gentleman spoke about wild boar and gopher turtles and things like that. And that is a real concern for those of us that live right there. And I don't know how true it is, but I've
of a sudden you could have a major expense, like it's an endangered species. And and now this all of a sudden to, to re-home that gopher turtle, yeah the the homeowner is out a lot of money. I don't know if that's a factual. It's just something that I've heard. But another one of my concerns is we live on a dirt road. And that was one of the beauties of moving out there because there's people have horses. There's, there's kids that ride bicycles, people that walk their dogs. And uh
there'll be one way in and one way out. So I think that's probably gonna uh ‸ influence the traffic that's taking place on Seville. And uh all these things to me are very concerning. uh I mean, it's it is what it is in the end, but it's it's good for those of us to pick that location for the reasons that it was going to be quiet, it was going to be ‸ safe. And uh I don't want rattlesnakes and and wild boar and turtles that I can't get rid of being driven into my property because of this development. But that's just what I wanted to say. So thanks for hearing me.
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very much. um The other thing is is to uh to kind of put your worries at ease about the gopher turtles is that they're actively moving them right now at their own expense.
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there are a bunch of dirt roads back there and it pretty much forces people to slow down. and allows people to ride their horses and allows the kids to play in the
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still until you know mom or dad comes out the front porch and whistles and says, hey, dinner time, let's go. So I understand your concerns. I really do. are there any other questions from the public? Okay,
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[01:15:21]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
homes is near another one that's similar, then they're going to have to either change the elevation or the choice of what they want to build yes that's there. And that's not very common. I want to compliment you
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[01:16:41]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[01:16:42]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
he's saying depending on the architect, but it's also whatever the code requires. So I can't as As he's looking at it now, it would be... It it could go either way. it's
[01:16:52]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[01:16:53]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
So I can't tell you what it is as we speak. Because obviously this is conceptual, but they've done these elevations in other parts of the state. Other parts of the state require full concrete. So I don't want to... ‸ Predominantly South Florida, so ‸ South Florida where I'm from, it's all concrete. So that's what we're used to. It obviously depends on material availability, market costs. You want to make the houses not unaffordable, and that's sort of in today's world where we're living ‸ is the unaffordability of of homes, and that's, you know, we're trying to make
[01:17:21]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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[01:17:25]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified)
still, in today's world, it's almost like, that's like an average home. I wish I could tell you it'd be, you know, different, but that's that's
[01:17:31]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) · Unclear audio
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of saving the ‸ trees that we do have. Now, on your project here, you mentioned trees, and I saw one of the elevation views where they were quite large, but uh are you leaning more to uh have uh live oaks possibly on the project, or is there other kind of trees? Have you gotten to that point?
[01:18:17]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices
So it's a mix of it. In fact, we've been talking, Stockton
[01:18:20]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices · Unclear audio
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[01:18:24]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
not because we want them, because we
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[01:18:28]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices
the you know we We have a whole,
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[01:18:33]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
the reality is we want to have oak trees immature
[01:18:36]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:18:39]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices
We prefer oak trees for shade and for resiliency. So, in fact, we've preserved, it if you know it's a large wetland area that has a lot ‸ we preserve that because we believe that's a great natural feature. Yes, ‸ That could be enjoyed by all instead of filling it in. That's one of the reasons we went from 500 units to 350, right? We lost that. ‸ It's the right thing to do. And so the same way wewe also cherish our tree canopy and we'll work diligently to save those trees that are mature enough and that don't pose a a a conflict. And that's
[01:19:08]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:19:10]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
because it's obviously a mature tree is better than a smaller, a young tree from a lot of different perspectives. And and so we'll work diligently with with the city to make sure we preserve what we can that's not in the wake
Okay. And the laurel oaks is one that you'd have to steer away from. Yes. They only live for about 70 years or so. And that could be a major change on your project once they start to pass it where I'm seeing that already in college. Every one of them are dying. ‸ Because that's what they have They're reaching their life expectancy. Yeah.
harvesting, that's another thing that projects, uh it's not common to hear that they do that. Can you elaborate a little more on how that works, please? Sure.
[01:20:05]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices
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[01:20:09]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
source of water. So instead of being reclaimed,
[01:20:11]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:20:14]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
to actually use the water for irrigation. So it's a it's an infinite source of water, and we have a lot of lakes uh that, uh you know, ‸ man-made, but we're taking advantage of the fact that they're there. So it's a largelike using a large reservoir. So imagine you have a large reservoir, and
[01:20:28]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:20:30]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
and create a system
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[01:20:34]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
is what is considered water harvesting, storm water harvesting.
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[01:21:05]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
that
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[01:21:08]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
the smallest lot is 8
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[01:21:13]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices
plus square foot home there. Because you could go up. You can go up, uh and you can also, even, even‸ we have lots that are
[01:21:19]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:21:23]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · overlapping voices
on the lake that have the premium lots, if you will. Those you can put aa more substantial home on it. That's why we have so many different models because, like everything else, communities are not built out of three models, right? Especially in a community that's 250 acres. And
[01:21:37]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:21:40]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
it grew up over time. That's that's the natural way. Instead of it being so perfectly manicured, where it looks almost like it's Hollywood look looking like, this really looks like it's a community that grew over time. And that's why there's a phasing plan because that's, our trees have to mature, everything has to mature with a community. And that's one of the reasons why we're giving people the flexibility to have a smaller unit, if that's where their budget allows. But it gives them room to grow in their lots as well, and they have larger homes. We believe this will be a great uh selling point for
[01:22:10]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice · Unclear audio
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[01:22:11]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
with executives asas this area begins to have a lot of transplants from different places. Executives are looking for large home sites and and communities
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[01:22:22]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
for the kids to play and things like that. This
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[01:22:26]Speaker 4 (introduced as “Jose Gonzalez” — machine-transcribed, not verified) + overlapping voice
have the clubhouse, have the gated entrance and things like that.
because you put all the advantages there that will it will be successful. it will You'll have no trouble selling ‸ Thank you, Mr. Greenwood. Thank you, sir, both.
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Mr. Greenwood and Mr. Anderson. Okay. All those in favor as put forward by Mr. Greenwood and second by Mr. Anderson. Say aye. Aye. Aye. Are there any opposed? None heard? All right. It's on to some Mr. City Mayor and the council now. All right. Good luck to you gentlemen. Thank you. Good night. Have a good night.
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Steve Noto, RBI planning and landscape architecture, city planning consultant, presenting this item on behalf of city staff. This is a rezoning request for ‸ property located at 301 South Cocoa Boulevard. On the overhead is an aerial of the subject property. I'm just going to have a brief introduction real quick before we get into some of the information related to the request. I'm
the topic of visioning and the State Road 520 US1 corridor and some challenges that the city's had over the years with inconsistencies with existing zoning districts and the future land use designation of a number of properties in that corridor with mixed use future land use. That is one of the big reasons we're here this evening.
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one of the big topics we'll be speaking about is visioning and future planning. The subject property is about 1.39 acres in size located southwest corner of 520 and US1. It is currently vacant but was developed previously with commercial retail space. The subject property consists of 11 platted parcels from the Lapham subdivision.
As I mentioned before, subject property is within a mixed use future land use corridor. As you can see a segment of the future land use map on the overhead. The current zoning of the property is CP, Commercial Parkway, which is similar to other parcels on the west side of US1 that sit between
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to the north and then to the south as well. Just briefly, you'll notice on the future land use map, this segment of it, the mixed use future land use does not ‸ continue south. That is the commercial future land use, but it does continue a bit to the north. As I mentioned, subject property is made up of a number of parcels that were platted previously. In 2016,
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However, the existing zoning designation of CP is not applicable or consistent with the mixed-use future land use that it has. As a result, a rezoning is required. And that is where we get into the issue at hand, which is consistency and applicability.
regulates the applicable zoning districts assigned each future land use category. The mixed-use designation is assigned the following zoning districts. CBD, which is central business districts. So you have CBD, central
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Generally, however, the CP and CN are similar aside from certain commercial and non-commercial uses are treated differently. For example, CP zoning allows for commercial recreation uses by right, whereas in the CN they are a special exception. Similar can be said for retail automotive gasoline fuel sales as a necessary use to convenience stores. The
there is special exception in the CP district. There are a number of slight differences between the two like that just beyond those. A little bit of history. In 2022, Mod Wash LLC applied for a zoning map amendment and a comp plan amendment for the subject property.
to commercial, and the zoning map amendment was to rezone the subject property from CP to CG, general commercial. Purpose of the request was in order to construct a 4,320 square foot self-serve car wash with amenities. Staff at that time recommended denial and the item did not move past the P and Z board meeting of May 4th, 2022. I'm going to touch upon a number of the review facts that are outlined in your staff report. There are a number of items here that will get into visioning and kind of this larger issue. And some of the things that the city has done in the past in planning for mixed use and how that's led to some of the issues we're dealing with today and how the city is trying to rectify those. I'm going to move forward a couple of slides
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two maps very briefly. This is a the future land use map zoomed out a bit from one of the first slides that I showed you. And the area that's surrounded in red there, that's generally the corridor that is giving us a challenge. The light purple is the mixed use future land use category. The darker purple is the commercial. The reason I've highlighted that area is if you look at the zoning map of the next slide, which the highlight is an orange, so it doesn't conflict with the CG zoning. All of the CG R17 and CP properties that are highlighted there are not consistent with the mixed use future land use category.
use future land use district and the mixed use planning. Um, really started hitting the road in 2010. Um, and as a result of that, there are some policies in place that look for certain types of design standards to be done and certain types of developments to occur. However, some of the zoning districts and the way they are structured don't necessarily meet the intent or requirements of those policies. So the maps I just showed you kind of highlight these three bullet points that are part of finding a the
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established land use pattern. Part of the established land use pattern that is on 520 doesn't comply with the, the comp plan anymore. As a result of the inconsistencies between the zoning districts that are there now and the future land use map. And the comp plan as a result of
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Um, of note in that RFP is that the work that needs to be done as part of that is putting a particular focus on the state road, 520 and us one corridors. ‸ This subject property is just outside the diamond square CRA and is within the cocoa CRA and
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for a number of years to try and deal with a number of economic development and zoning land use issues. The city's comp plan data ‸ analysis from 2010 had in a number of statements related to mixed use development, the need for high quality redevelopment of cities, vital corridors. ‸ The staff report provides for seven specific excerpts from that document, which
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the city's focus as it relates to what desired to be seen of the mixed use future land use. I'm going to point out a couple of those. And this is from the data analysis of, of that 2010 report. Is that the intent of the mixed use designation may not be fully realized through the existing land use pattern, given that the zoning districts that are currently compatible with it per the ‸ comp plan allows for use types that are generally part of strip commercial development. This is one of several reasons why the
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specific request and application is not timely. That last sentence was a plugin. There remains a need for the city to incorporate aesthetic and design standards for its vital quarters while the city has taken significant efforts to assist with this effort, such as the gateway quarter signage that
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the city to realize its ultimate goals and objectives without this work. Proposed rezoning would not be consistent with the established land use pattern as envisioned by the city's comp plan.
can be generally described as strict commercial that has either gone through multiple generations of reuse or been redeveloped in a manner that is not realizing the full desire of the mixed use policy ‸ desires of the city that have been consistent for close to 30 years. It would be a great benefit to the city that this corridor, ‸ which impacts both diamond square ‸ cocoa, CRAs,
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meets the full intent and requirements of the code. As I said before, four corners of this major territorial intersection are the Western historical interest to cocoa village and the cocoa community redevelopment agency to
to require the needed properties for the signage. It's important that this prominent corner announced the entrance to downtown cocoa be developed consistently with the city's expressed long term land use goals and vision for the corridor, which is
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center policies for by the city council and the existence of the cocoa sign directly in front of the subject property, making it one of the most prominent gateways in the city. That's a bit of a visioning statement. Um, and part of the larger work that needs to be done is analyzing existing zoning categories
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without a package store package stores and retail automotive gasoline fuel sales and as an accessory use to convenience stores with certain conditions. Many of those types of uses may not be desirable
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most prominent gateway to the city nor consistent with the mixed use vision, including pharmacies and medical marijuana treatment center facilities package stores and bars and lounges. And
leads us back to the maps that I showed you previously. Um, the city has made these decisions with intent. It may be that land development code updates were not done quick enough to rectify some of the issues that are out there.
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districts. And I have a couple of more maps here that I'll show that better describe all the words in the staff report and on the screen. Um, this is a very zoomed out view of the city zoning map. It stops at 528 because just north of there is essentially just M2 industrial. I'll zoom in a bit here. And
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The subject property is located at the southwest corner of us one at 520. You ‸ barely see the red dot on the screen there. The reason I point this out is this lighter purple. Um, again, ‸ is the CP when you go to the east. You'll see the lighter purple does have some lines in it. That's actually CC core commercial. The CP and the future land use of mixed use is essentially stuck in this area right at the intersection.
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So going backwards back a couple of slides and other properties within the current with a current CN zoning district have furniture on 520 or are located in the 520 corridor.
of a mile away, which would result in an isolated zoning district where the subject property to be rezoned as CN. As I mentioned, the intent of CN, this is from the code intended to apply to an area adjacent to major arterial streets convenient to major residential areas. The types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist slot sizes and other restrictions are intended to reduce conflicts.
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stone street. And subsequent lack of pedestrian connectivity to diamond square to the west, the accessibility of the site is limited, mainly to vehicular.
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520. All the other properties that have CN zoning are located directly adjacent to property that is zoned for residential purposes, such as rural residential estate. Are
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those locations are consistent with the intent of CN district to be located convenient to major residential areas. The proposed CN would not be located conveniently to a measure major residential areas. It's separated from diamond square by the railroad tracks, as well as both CW and CG zone property lying the tracks on the west side. There's also not one other parcel in the city that has CN zoning with the mixed use future land use.
the CG and CW parcels to the west are not applicable or consistent with the mixed use future land use, which is part of the issues we're trying to deal with.
on the property proposed for change. While result, uh, rezoning the CN would resolve the applicability and consistency issue with mixed use future land use as no, there are no other CN properties in the area. And would therefore create an isolated district was, which is illogically drawn. The
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would not be met based on the location conditions, the existing property due to its lack of convenience to adjacent neighborhoods. As stated previously, and we'll probably say a few more times, it's one of the several reasons why the
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undertaking the visioning study to determine ‸ how to deal with these issues. Finding E the proposed change would be contrary to the future land use map. And
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policy has a number of criteria for determining the appropriate locations of mixed land use areas. And they're on the overhead. They're also outlined in your staff report. And as you would expect with mixed use, future land use has a lot to do with transit walkability, mixed use buildings, avoiding strip commercial, having integrated mixed use buildings vertically or, or mixed of uses horizontally. And including residential type uses. And that goes again back to what is the purpose of the mixed use future land use category? What's the purpose of that corridor? Or if it is to be mixed use, some of these zoning categories may or may not be set up in the best way, um, to get the development that's desired by the city in those, in those areas. So with that, we've had a couple of meetings with the applicant to determine what the ideal
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in their mind for the property, which is the retail automotive gasoline fuel sales, which is an accessory use of the convenience stores. So that type of use is special exception in the CE. And
So even if the reason is approved, there's other steps that have to be taken in order to get to that end game. Um, having said that though, um, there's visioning that has to occur to figure out if CN is the solution is, um, our other zoning districts that are applicable or consistent with mixed use.
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with the needs of the neighborhood of the city or the city, excuse me, the applicant, uh, impacts of such changes is unknown at this time. As a result, the city is beginning the visioning exercise again to understand how to bring the zoning and future lands use land use designations into compliance. That
not most appropriate on the subject property finding in there are substantial reasons why the property cannot be used in accordance with existing zoning. Uh,
of mixed use. Um, so they have to rezone that that's a given. Um, however, we need better coordination between the city and the applicant to maximize the existing gross policies, existing vision, and the scopes that are underway. Um, that will impact the development potential of the property. Um, I'm going to move on now to consistency with the comp plan policies and objectives. The proposed CN zoning designation is applicable with the mixed use feature land use designation as detailed in figure flu one of
its criteria is outlined in policy. One, one, two, six may not be met by the zoning district. And it's clear that a different type of development environment is desired in the area and incorporates transit or a development principles, unified architectural and streetscape themes and encourages vertical mixed use development, which may also impact the allowed zoning districts.
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land use designation and the permitted and special exception ‸ uses within those applicable zoning districts. Future land use element has objective one, one 10, which states that the city shall maintain amended develop land development regulations that guide future growth and development.
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it needs to be dealt with. And again, ‸ I apologize for saying it so many times, but that is the reason for the visioning. That is the reason for these other RFPs that ‸ the city is putting out, is to deal with these issues. As a result,
these presentations, of course, are meant as a highlight. Staff is recommending that the Planning and Zoning Board recommend denial of the City Council of the Zoning Map Amendment, consistent with Appendix A, Zoning Article 21, to change the zoning map designation of 11 parcels, totaling 1.39 acres from CP to CN as depicted on Exhibit A. I'll be happy to take any questions. And this is, again, just a recommendation to City Council. So irrespective of what happens tonight, the item would go to Council for hearing.
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I'm 121 South Orange Avenue, Suite 1500, Orlando, Florida. I am legal counsel for Vizcaya Cocoa Holdings. And there is a typo on the front page of my PowerPoint. It's
Okay. Mr. Noto did go over some of the history, but I'm going to add to it. Vizcaya Cocoa Holdings assembled the subject property in two transactions dated April 2016 and 2017. And my research indicates that at the time the future land use designation on the property was commercial. I'm going to skip ahead to the next slide. This is the 2009 future land use map that I pulled out of your 2019 update. ‸ This was the existing map. And this is a zoomed in version. I'm going to try to point to
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which is this commercial parkway. And ‸ my clients got a zoning verification letter in March of 2017 from the city staff verifying that the property had commercial parkway zoning on it and it ‸ could be developed with all the uses in the commercial parkway zoning category. We
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of this property. It doesn't allow for quite the intensive commercial uses that CP allowed. But as Mr. Noto has advised you, the CP zoning is now inconsistent with the future land use map. That change came in 2019 when you updated your comp plan and the mixed use
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land use designation was applied to the property. That created an inconsistency. So now we have mixed use future land use and inconsistent zoning. We, and you said it, we're stuck. We are absolutely stuck. We can't do anything with our property. My clients are not end users. They have the property. You've seen the sign out there. It's available for lease. And
And we have to say, we have inconsistent zoning. We can't do anything with this property until the zoning and the future land use are brought into reconciliation. So we have no ability right now to develop this property. We can't lease it. We can't sell it. Can't do anything.
And this is the chart that lists all the zoning categories that are available or applicable in the various future land use categories. Mr. Notice advised you. The column on the far right hand side is the mixed use future land use designation. On the left, you have the applicable zoning districts and you intersect them. And
Those are the only zoning categories we can apply ‸ to this particular property. And when you dig into ‸ the nitty gritty of each of those zoning categories, there's really only two that are available right now.
CN. We're not asking for anything that isn't allowed right now under your code. What we're asking for is part of how your code reads today and your comp plan reads today. That's what your laws are today, that all of those zoning categories are consistent with mixed use and that we could apply for any one of them.
Now, I understand you have a big mess with the future land use designation and all of those properties that are in that area. But that's. And Mr. Notice advised you that you need to fix that. But that's not. That
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advised you that all development has to be consistent with your comp plan. The city has advised us. We've brought several proposals to the city from prospective tenants and we get told the same thing every time. No, you can't do that. You have to fix your zoning problem first. The car wash backed out. Again, because the comp plan was not going to get changed to commercial. So I want to highlight this policy in your comp plan. Mr.
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has been around for many years. I don't think it's quite that long, but it's been more than three years. You have a comp plan policy that says within three years, you will eliminate all the inconsistencies between the zoning map and the future land use map.
hasn't been fixed yet. So now the property owner is in here trying to fix the inconsistency on their property. The next policy I want to highlight is that your regulations must be made consistent with updates to your comp plan within one year of your comp plan amendment. So all of this visioning exercise, all of these things that Mr. Notice says you're now kicking off should have been done within a year of your 2019 comp plan update. So
Your staff report indicates that Mr. Noto doesn't take issue with our application as it relates to sub criteria G through P. So I'm not going to go through those tonight. He hasn't, but he doesn't have an issue with those, but he did point out to you sub ‸ criteria A through F and I am ‸ going to go through those. And the first is that the proposed change is contrary to the established land use pattern. We're going from CP zoning to CN zoning. It's all commercial that that corridor up and down the US one and
what ‸ the visioning process and the comp plan policies would like to see the land use pattern be. But what your code says is that you have to consider the established land use pattern and the established land use pattern out there is commercial development.
Mr. Noto has, um, objected that we, that our rezoning would create an isolated district unrelated to adjacent and nearby districts. I'm going to go to my next slide here. Oh, here's the overhead with all the commercial development. You all know this is us one, six lane divided highway, 524
um, railroad tracks on the West side. And it's heavily commercial. I don't, I don't need to tell you what your city looks like, you know, so this is your existing zoning map. And every single one of those properties with an X is a property that is zoned that has zoning inconsistent with its future land use designation. So Mr. Noto is saying we can't have CN because there isn't any other CN there. All four corners are CP, but all of that property has an inconsistent zoning. We'd like to keep the CP, but we can't.
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residential development. I'd like you to put your common sense hat on there. This is a 1.39 acre parcel that is at the corner of an intersection of two major highways and
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in relation to existing conditions. Again, he points out that there isn't any CN in that area. CN is really the only CN or CR are the only two zoning districts that we could actually get in this area that would be consistent with the comp plan. E, the proposed change would be contrary to the land use plan. That's not true. The CN is a zoning category that is consistent with the comp plan. And F, change or changed conditions make passage of the proposed amendment necessary.
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a changed condition. We need, we need to move. Something needs to move. We are ‸ stuck. We can't do anything with this property. So rezoning is absolutely necessary. And we really don't want to wait for you to go through an RFP process, then go through visioning, and then go through all of the public hearings and community input and all that that you'll do for a visioning process when what we're asking for today is allowed under the code. It's allowed. It's, it's, it's,
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users. We don't have anybody right now on the line, uh, in terms of a potential user. Because we need to get the zoning changed so that we can actively market the property. Do you have any questions for me?
and north and south, irrespective of east and west corridor. If you look at the north and south corridor, CN is exactly consistent with everything to the south. Correct. From what I saw on the map. I don't have the map that he showed.
Right. So irrespective of what is on the other side of the railroad tracks, then we want to keep that. If, if, if this were to be approved, it would actually, in my mind, be consistent. What's with what is already there. Is that correct?
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if the CN zoning is approved, then we know what uses under your code are allowed under CN zoning, and then we can market the property for uses that are consistent with CN zoning.
And so then we can field calls from potential users. Yes, you can do that under CN. No, you can't, or that would require a special exception, which would be another public hearing in front of you for some of the more, um, some of
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we did do a pre app and that's, and we were told once again, you can't utilize your CP zoning and you can't do anything until you make the zoning consistent with the future land use.
we're looking for some help. They'd like to bring you somebody who would make an investment in your city. Well, ‸ if you're sitting on a piece of property that you couldn't use, you'd be frustrated too.
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the, the real crux of what is before us, I do not feel comfortable making a zoning change and not know what's going to go there. Now on page eight, and it's under item number C, this paragraph says it
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While the application has stated that no residential development is proposed, the application also did not provide a conceptual plan to detail what the proposed development is. That's where my concern is.
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That is a four corner major argument. And that's what makes this unique. And it makes it valuable because the number of traffic that goes through there. I don't know if it's still the same reputation, but I've heard that that's
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district of CN neighborhood commercial does allow, even though somebody can say, okay, we want the CN zoning, but there's no guarantee that that's not going to take place.
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You're right about that. But ‸ the point that makes it complicated is I'm just not comfortable unless I see if this developed, the person that owns this property came to us, uh, to the board and, uh,
was something that they were interested in getting built there. I would feel more comfortable to support it. And I think the staff would run with it to help, uh, correct the inconsistencies as being presented. And Steve, you guys, you must have spent a lot of time on this. This, this is so intense and I gotta compliment the way that you all presented it. This is a very complicated ‸ situation, but I just cannot feel comfortable voting
I don't know what's gonna ‸ go there. At least in the past, there was ideas that were brought here, even the car wash. And it was one of those better ones.
during that meeting, I was one of the ones that voted no on it because it looked like it was a project that you're trying to fit something square into a round hole. It just doesn't go there. And because
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definitely needs attention. But I, I'm going to vote no on it because I prefer to see something being proposed. Not just, oh, go ahead and change the zoning and go for it because it's a, a lot, a dirt lot. I'm, I'm anxious for it to be developed also. Uh, but I, ‸ the city has a lot of work now. Really, this needs to be brought to the attention and correct it.
to know, uh, what could potentially be there and we can change. You can change your zoning to support whatever somebody wants to do there. And if somebody calls wanting to ask questions, well, what can we build there and all that? Your first question should be, well, what are you thinking of locating there? And then go from there, not just say, well, the zoning is a mess and I don't know what you're allowed to put there. What I really think should be utilized. If I had that property, I would say, well, what is it you'd like to do with it? What are you thinking about? And
is a quality project, a positive one. And all these, uh, items that are not making sense that can be cleaned up immediately. So that's really all I had to say.
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use for rezoning. And it's a reason and it's a rezoning that is consistent with the comp plan. It ought to be a yes stamp. I mean, if this is a quasi judicial matter and it, we, we should be just entitled to that zoning.
‸ Yeah. Oh, um, ideally, we always wanted, uh, Mike is probably familiar with us is, um, you know, we'd love to have a Walgreens on that corner. I don't think the square footage matches. It's a little short, I think on, on the north, uh, east west, but yeah, uh, we'd love to have something nice there. That's what the goal is. But I'm, that's our gateway. That's our corner. But
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the last thing we need is another car wash, which we have another 200 of those. Okay. So ultimately, I mean, a Walgreens, uh, or some kind of a residential, um,
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city could assist by saying, Hey, let me, they're gonna ‸ advertise. Say this, this property is available. Please come to the city with some ideas, things like that. Maybe that's another idea.
It's a lot of money in it, but it is a major artery. We've discussed this before that we want something that's very, uh, supportive of that four corner to the city. That's just before you go to the river.
visioning. And also, you know, when we have our pre apps that they ask us to be involved in, you know, number one at the front of the head is economic development. You know, what can we bring to the table for the city to get things going, you know, and find the path through all the, all the, you know, we'll just call it the red tape. How do we get through? Way
We're going to have to deal with that separately, but, and also collectively. And so when I hear you speak about the history, uh, some of it recent with, with the carwash and the seven 11. That's kind of, you know, when I'm thinking of the visioning, it's like, yeah, it's, that's the type of stuff we need to know. We should be looking at and need to consider because today under CP, a permitted use straight up is a retail automotive gasoline fuel sales as accessory to convenience store. That's a permitted use. But of course we have this issue with the comp plan.
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But then also that's not really been something that the city's looked forward to having. And as Lucy said, we've already had two pre apps on the property for gas station use. I've seen the layout myself. That being said, the property has constraints. The specific property ‸ has some quirky little constraints to it.
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engineer, people smarter than me start really digging into it could be a whole nother ballgame. So it's, it's a really, it's complicated beyond this application.
There's just, there's a lot of work that's going to need to be done to your point. Mr. Green went about, you know, from an economic development standpoint that may need to be looked at, um, with the applicant. Uh, you know, that's, that's more of my visioning discussion, but just kind of helping also with the, with the conversation related to something's got to happen and it's certainly a valuable corner. Mr.
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try to massage it or put RFPs on there. Maybe not just for this property. I think it might be a good idea to contact the other owners there and see if they've got some ideas and then maybe include their land as well. Just a suggestion. But like I said, I'm not comfortable
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changing the zoning because it's nothing but dirt there. I need something ‸ that the city can be excited that is going to come to the city, an advantage, and it's a statement for the other three corners. That's just exactly how I feel. I'm sorry for taking so long.
Chair, can I ask a question for clarification? Sure. You mentioned the CN versus a CR. You could use either one or the way it's written. Could you clarify?
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It's even more restrictive than the CN. The CN, you know, right, right now we have CP. We'd love to keep it. It gives us more flexibility. ‸ But we've been told we're inconsistent and we can't move forward. Our position is we're the most highly motivated position right now to bring this property to development. We're asking you to help us and just
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know, a schedule in place. We have a kickoff date and we are open to work with the community and every property owner that has a conflict there to to do the visioning.
to try to fix the problem that we're not waiting any longer. And we had asked the property owner that see if he was willing to work with the community, you know, and with us to address the problem and try like, uh, Mr. Greenland highlighted. Uh, because it's not just their problem is, uh, that whole area has an issue and is not just one property owner or several property owners. And we feel that cornered affects the whole community and should be a decision made by the
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Um, we've gone through a turnover in the last seven years since I've been on this board. God knows how many city staff, you know, we've gone through and I don't blame them as a CN is in my mind, consistent with everything that's north and south of there.
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What? That property is tough. Trying to get in and get out. So whatever business goes there, uh, you, you got the backup at the light. It's good and hard to get in coming, coming off the, uh, five,
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speeding through there, ‸ it's going to be hard to get into going, uh, south. So it's, that's a difficult property. It always has ever since I was a kid. That's why the clock restaurant went belly up years ago. I don't want to see another gas station with a bunch of loitering and people hanging out. That's the worst black eye we could have on the four corners.
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commercial retail broker with colliers in South Florida. He knows what he's doing on retail development. He'll bring you something. He'll bring you a quality development, but we can't bring you anything right now. We can't do anything.
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It's narrow. Um, it's got power lines that run through it that can't be relocated. It's a challenging piece of property. You are correct. So when you add on top of that, the fact that it doesn't have consistent zoning and you'd have to go through that process. The person who was looking to bring a restaurant goes down the street to the property that doesn't have those challenges. So you, it's making it more difficult for us to bring something here when you have so much uncertainty about what can actually be put there. And again, we're just property ownership comes with property rights and we're not able to exercise them. Yes. Sure.
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Chair, you did solicit my comment. I've been waiting patiently to provide you my comment. So at this time I, I, I would like to thank you for your time and what you have presented here. There, there are a couple of things that I've highlighted that I want to make reference towards. I'm
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So that's what lands your client here because your client took a risk. That's, that's one for me. Second, I'm a huge proponent of property rights. So I do strongly believe in the availability ‸ access to an individual to have willful and free right to their property for an intended use. What draws me to the collaborative efforts that we're all discussing here. It is what is within right and sound reason of the comprehensive plan.
We're trying to find a right and reasonable view for a comprehensive plan. So I think that it is understood that there's a great effort on behalf of the city. There's a great effort on the behalf of yourself to represent your client, but we still have not found amicable grounds towards the plan. So that's where I draw back to the to those two parties to come up with an amicable plan. So for where I sit today, I'm I'm in cohorts with the rest of them because I don't have to think about it.
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and 2017. It had a commercial future land use and it had CP zoning since that purchase. The city has downgraded the comp plan designation on the property by changing it from commercial to mixed use. And that's done as a policy change. You know, we can't we can't do anything about that.
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The intent of the category is to encourage the development of compact mixed use centers and avoid a strict commercial development pattern. This category is not intended to require a mix of uses for each site, but rather to achieve an area wide mix of uses. The mixed use land use is applicable to areas generally along the state road, 520 King street and us one. The
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the mixed use land use category will be about 50% non residential and 50% residential. That was in October of 2010. The map that was showed by the applicant was from 2009 that showed commercial future land use. Now, granted, I do not have on my computer right now what the 2019 future land use map was, but this was from 2010. The zoning verification letter that was put on the overhead only verified the zoning. It did not verify the future land use. So
in 2019 the future land use was mixed use or commercial. So I think that is something that needs to be verified between now and council, the council meeting, which of course we will do and we'll collaborate with the applicant on that. The other thing I'd like to put out there as a suggestion, maybe a way to bridge is clearly the product parcel needs to be developed. I think everybody agrees on that. What the zoning category is we're trying to figure that out, but I've at least heard three board members tonight say no.
show gas stations. And I've seen them fit on the parcel. I'm not an engineer. We haven't dug into all that yet, but I've seen the plans. If the board does not want to see the gas stations, a bridge could be to keep working through CN. No gas stations. It is a special exception. There are other, you know, zoning is a, is a thing you can work through with developers agreements and all sorts of
You know, tools to get to an end game. Do not allow gas stations as part of the reason. Now granted, we still have to do, we are doing this visioning. Our intent would be to get it done this year. We're having a kickoff meeting next week. The intent is to get in, get out. So that way things can continue. Cause
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Well, again, that would have to go on a property catty corner to that. And you would have to ask all the fine, um, people in that neighborhood to get rid of that church and that vape shop because
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is a mixed use where you've got possibly, well, banks aren't doing it anymore, but a bank building, they don't like concrete locations any more. They're trying to scale down a bank building there plus other mixed use that go with it. Not only would that be attractive, but that's one example of the upgraded the gas station idea.
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your comments ‸ on bond. You know, you're possibly being naysayers, but I just want to get back to this right here. This policy right here within three years after the adoption of comp plan. So now, right now we're already outside of policy and, um, y'all know me. I don't really like to be outside of policy and outside of stuff like that. So, um, ‸ even if we just adopt the CN right now for the developer, we're back within policy and then we can let Steve and his team, that's one less item he has to worry about. And that's, they can work on the rest of Coco as diligently as I know Steve does.
and again, all we're doing is doing a recommendation after tonight, it's got to go to city council and city council makes their decision from there. So, even if we did go in, uh, the route with city staff, city council come back and say, you know what? We're outside of policy. We need to be within policy anyway, and overall are rolling. Then,
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ask that you deny this request based largely upon what Mr. Green so eloquently outlined that this is not a Greenwood. Sorry. This is not a well thought out plan to allow this zoning change and you don't know who is applying for it. It's like blindly allowing something. And we do have a major problem with the African American community that has been
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Street. So this is something that carefully needs to be thought out and not just randomly allowed to flow through without careful visioning and consideration. I feel like by opening this door, you're just allowing a blindly opportunity to blindly allow individuals in here or business in here that really will seal off our community from downtown Cocoa Village. So I ask that you deny this request.
I'm speaking on the fact that we have a whole residential area, including the new Michael Blake subdivision. You're going to have a lot of traffic coming in. And it's more common sense to deny this and more carefully think through what would go there that would benefit our community as well. I hear a lot of talk
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and a mixed use designation that was created and it was done rather holistically. Um, granted the property, the subject property is not properly zoned and the board has seriously considered that issue. Um,
that, and the board of how constrained this particular site is and concerns. There was some mention. And I think someone mentioned that, well, you know, gas stations are a special exception. Well, you know, gas stations are a special exception in CN. And, but they're, they're subject to board of adjustment approval. They just can't be just flat out denied. They're going to be subject to a quasi judicial hearing. So the point I wanted to suggest of one other comment. I also heard from the, from the developer that the developer, uh, wants to put something nice there and, and, and tends to want to work with the city. Um, there is a provision in the city code that allows developers to voluntarily submit site plans in conjunction with a rezoning application for purposes of trying to support, uh, the rezoning. Um, it puts more granularity to, to the request. Um, I know it's voluntary under the code. Um,
going to recommend CN ‸ zoning that the applicant consider voluntarily submitting a site plan and perhaps the council also consider that as part of your recommendation.
and they do not submit site plan or any, um, type of research on the property. Uh, however, in this case, I am, um, solely basing it off the policy. We are outside of policy and,
based on those facts, this should have been done two years ago, three years ago. Um, and then if the applicants decide to put something else there, they're more than willing to come back and rezone it then. Um,
this gas stations and everything else. And yes, it does have to go before the board of adjustment, but it also has to go before us again, because it's a special exemption. So, um, so I feel confident with my motion forward
[02:44:13]Speaker 11 (introduced as “Robert Hill” — machine-transcribed, not verified) + overlapping voice · overlapping voices
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sure application will be denied. However, I encourage you, um, keep at it. So up to the city council, if you can have your other partners show up to city council, please do. Um, Stephen
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Flag: numbers, amounts, negation or names differ between the machine readings · 02:49:02–02:49:08 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 02:49:26–02:49:28 · unresolved: the words are not shown (unclear audio); listen to the recording
I'm just wanting the board to, uh, maybe, uh, feel, I hope the board feels the same way that we do more than just a grass area. I don't know how the rest of everybody else.
can, we can make the ask. I don't, I'm not sure what their landscaping plans are, but I'll certainly look into it. But again, that's a, that's an F dot call, you know, I mean, to the extent that they'll be nice to us and listen to us, you know, that. Yeah.
Flag: words only one machine reading has (possibly not said); the recognizer flagged its own output; numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:50:43–02:51:02 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 02:51:05–02:51:07 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 02:51:08–02:51:10 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:51:13–02:51:24 · unresolved: the words are not shown (unclear audio); listen to the recording
According to this next meeting is tentatively for March 6th. Everybody watch your calendars. Most good. All right. I second it all in favor. Have a good night.
Flag: the recognizer flagged its own output; numbers, amounts, negation or names differ between the machine readings; the recognized words and the detected speech do not line up; a language review questioned the wording · 02:51:33–02:55:03 · unresolved: the words are not shown (unclear audio); listen to the recording