Planning & Zoning

Special Planning & Zoning Board / Local Planning Agency Meeting

Date: 2025-09-10
Status: Draft minutes and machine transcript available
Source: CivicClerk event #1245

📄 Read the City's record 📝 Transcript 📋 Agenda Packet (PDF, 166.8 MB) 🎬 Recording ↗

Built from draft minutes printed in an agenda packet — no AI-written text Briefing final

The City's record

What the City's record shows

Draft minutes printed in the City's agenda packet of 2025-12-03, pp. 8–16; approved as written by the Planning & Zoning Board according to the draft minutes of 2025-12-03, whose own approval is recorded in later draft minutes but not yet confirmed in the City's approved minutes. The City has not posted the approved minutes as a separate file. The approving motion, “to APPROVE THE MINUTES OF SEPTEMBER 10, 2025, AND OCTOBER 1 2025, AS WRITTEN”, is in the draft minutes printed for approval in the 2026-04-01 agenda packet (2173_Planning_Zoning_4_1_26.pdf, packet pp. 9–14).

Built only from this meeting's draft minutes (2080_12_3_2025_Planning_and_Zoning.pdf, packet pp. 8–16). 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: Wesley Park, Todd Anderson, Russell Sengel, Aleck Greenwood, Katherine Stewart, Marcus Wheeler, Tamisha Findlay
(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: Victoria Jones, Ron Chabot, Keith Wall, Joseph Bachand
Also listed as present (staff and other roles): Kristin Eick (City Attorney)
Named on at least one ballot later in the meeting: ANDERSON, FINDLAY, GREENWOOD, PARK, SENGAL, SENGEL, STEWART, WHEELER (participation, which can differ from the roll: arrivals and departures are in the minutes' text)

Adopted actions (5)

to APPROVE THE SPECIAL MEETING AGENDA OF SEPTEMBER 10, 2025 AS WRITTEN (moved by SENGEL, seconded by ANDERSON); PASSED 7-0; ayes: PARK, ANDERSON, GREENWOOD, FINDLAY, SENGAL, STEWART, WHEELER; nays: none — the draft minutes, packet pp. 8–16
to APPROVE THE REGULAR MEETING MINUTES OF AUGUST 6, 2025 AS WRITTEN (moved by VICECHAIR ANDERSON, seconded by WHEELER); PASSED 7-0; ayes: PARK, ANDERSON, GREENWOOD, FINDLAY, SENGAL, STEWART, WHEELER; nays: none — the draft minutes, packet pp. 8–16
to APPROVE THE OVERLAY AS WRITTEN (moved by WHEELER, seconded by GREENWOOD); PASSED 5-2; ayes: PARK, FINDLAY, GREENWOOD, SENGEL, WHEELER; nays: ANDERSON, STEWART — the draft minutes, packet pp. 8–16
to APPROVE THE STAFF RECCOMENDED AMENDMENT, ORDINANCE 02-2025 (moved by GREENWOOD, seconded by WHEELER); PASSED 5-2; ayes: PARK, FINDLAY, GREENWOOD, SENGEL, WHEELER; nays: ANDERSON, STEWART — the draft minutes, packet pp. 8–16
to ADJOURN THE MEETING (moved by PARK, seconded by WHEELER); PASSED 7-0; ayes: PARK, ANDERSON, FINDLAY, GREENWOOD, SENGEL, STEWART, WHEELER; nays: none — the draft minutes, packet pp. 8–16

Motions not adopted (1)

to APPROVE THE OVERLAY WITH PROVISIONS THAT NONCONFORMING STATUS SHALL NOT BE APPLIED TO EXISTING USES REBUILT DUE TO DAMAGE CAUSED BY A NATURAL DISASTER, PROVIDED THE REBUILD DOES NOT EXPAND THE NONCONFORMITY, AND TO SPECIFY THAT REQUIRED CANOPY TREES BE INSTALLED AT A MINIMUM HEIGHT OF TWELVE FEET (moved by GREENWOOD, seconded by SENGEL); FAILED 2-5; ayes: GREENWOOD, SENGEL; nays: PARK, ANDERSON, FINDLAY, STEWART, WHEELER — the draft minutes, packet pp. 8–16

Draft minutes, as printed in a later agenda packet

Source: 2080_12_3_2025_Planning_and_Zoning.pdf, the agenda packet of the 2025-12-03 meeting, packet pp. 8–16; lines 239–677 of the City's text of that file. The packet's own page footers are left out below.

Read the draft minutes

MINUTES
CITY OF COCOA
PLANNING & ZONING BOARD/ LOCAL PLANNING AGENCY
SPECIAL MEETING
September 10, 2025

A Special meeting of the Planning & Zoning Board Local Planning Agency
was held on September 10, 2025, at City Hall, 65 Stone Street, Cocoa, FL, as
publicly noted.

I. CALL TO ORDER:

Chairperson Park called the meeting to order at 6:00PM.
ROLL CALL:

Wesley Park Chairperson
Todd Anderson Vice Chairperson
Ron Chabot Board Member
Tamisha Findlay Board Member
Aleck Greenwood Board Member
Victoria Jones Board Member
Katherine Stewart Board Member
Marcus Wheeler Board Member
Russell Sengel Board Member
Keith Wall Alternate Board Member
Joseph Bachand 2
nd Alternate
Kristin Eick City Attorney

PRESENT:
Wesley Park Chairperson
Todd Anderson Vice Chairperson
Russell Sengel Board Member
Aleck Greenwood Board Member
Katherine Stewart Board Member
Marcus Wheeler Board Member
Tamisha Findlay Board Member
Kristin Eick City Attorney

ABSENT:
Victoria Jones Board Member
Ron Chabot Board Member
Keith Wall Alternate Board Member
Joseph Bachand 2nd Alternate

STAFF PRESENT:

Planning & Zoning Board
Special Meeting
September 10, 2025
Page 2 of 9

Breanna Earley, Recording Secretary ; Devin Fritts, Records Technician, Jennifer
Webster, City Planner; Luci Ribero, City Planner; Stockton Whitten, City Manager.

Chairperson Park led the assembly in the Pledge of Allegiance.

I. Approval of Agenda and Minutes:

1. Agenda: Special Meeting of September 10, 2025.

* MOTION BY BOARD MEMBER SENGEL; SECONDED BY VICE CHAIR
ANDERSON TO APPROVE THE SPECIAL MEETING AGENDA OF
SEPTEMBER 10, 2025 AS WRITTEN.

AYES: PARK, ANDERSON, GREENWOOD, FINDLAY, SENGAL, STEWART,
WHEELER

MOTION PASSED UNANIMOUSLY (7-0)

2. Minutes: Regular Meeting of August 6, 2025.

* MOTION BY VICECHAIR ANDERSON; SECONDED BY BOARD MEMBER
WHEELER TO APPROVE THE REGULAR MEETING MINUTES OF AUGUST
6, 2025 AS WRITTEN.

AYES: PARK, ANDERSON, GREENWOOD, FINDLAY, SENGAL, STEWART,
WHEELER

MOTION PASSED UNANIMOUSLY (7-0)

II. Old Business:

III. New Business:

1. PZ 25-02000002 LDR AMENDMENT CREATING FOUR CORNERS OVERLAY
DISTRICT ORDINANCE 02-2025

Consideration of a Land Development Code Text Amendment Appendix A, Article XI
Code of Ordinances of the City of Cocoa creating Section 23, Four Corners Overlay
District, establishing permitted, special exception, and prohibited uses; providing for
performance standards, including setbacks, parking, landscaping, and signage
requirements; establishing building design standards; establishing the boundaries of the
Four Corners Overlay District.

Planning & Zoning Board
Special Meeting
September 10, 2025
Page 3 of 9

Alexis Crespo, RVi , presented a PowerPoint on the proposed land development
amendment1.

Board member Sengel asked for an estimate of how much parking will be reduced.

Ms. Crespo explained that where there may be mixed use, there could be a reduction in
parking up to twenty percent.

Board member Sengel asked about billboards and if they’re addressed. In response, Ms.
Crespo stated they are not.

Attorney Eick pointed out that there are existing regulations on billboards. She is not aware
of any billboards that are located on the four corner properties.

Board member Wheeler stated there are currently two existing billboards.

Attorney Eick shared that they may become nonconforming due to regulations already in
place.

Board member Sengel inquired about the heights of buildings being increased.

Ms. Crespo stated it is currently forty -five feet and would be going to sixty, for a total
increase of fifteen feet.

Board member Greenwood spoke about how he was impressed with the work provided. He
asked about the landscaping requirement.

Ms. Crespo answered that four canopy trees per one hundred linear f eet is part of the
landscaping requirement.

Board member Stewart asked for clarification on a traffic study. In response, Ms. Crespo
stated there was no traffic study conducted.

Board member Stewart asked if there was discussion about the smoke shop that is currently
there.

Ms. Crespo stated they would be able to expand thirty percent of their business without
running into compliance issues.

Board member Stewart asked how this would make the area more walkable.

Ms. Crespo stated FDOT would need to be involved to modify the roadway.

1 Exhibit A: PowerPoint presentation for PZ 25-02000002 LDR Amendment

Planning & Zoning Board
Special Meeting
September 10, 2025
Page 4 of 9

Attorney Eick stated FDOT could hold public workshops to go over any changes.

Board member Stewart asked about walkways.

Ms. Crespo clarified infrastructure improvements were not looked at.

Board member Stewart stated she would like the board to propose something that felt safer
for pedestrians.

Ms. Crespo explained that the zoning is for commercial use. This proposed change is to
guide redevelopment.

Attorney Eick clarified that the zoning is commercial parkway. She said there would be no
development allowed to occur right now due to inconsistency with the comprehensive plan.

Vice Chair Anderson asked if the list of uses was created with the landowners.

Ms. Crespo clarified the list is proposed uses from staff.

Vice Chair Anderson asked about a previously proposed Starbucks.

City Manager Whitten shared that deal never materialized.

Vice Chair Anderson inquired about the Family Dollar near Provost Park.

A discussion on the Family Dollar took place.

Vice Chair Anderson wanted to emphasize the importance of safety when creating a
walkable area.

Cole Oliver, Kabboord Properties, stated he provided a letter to the City citing Senate Bill
180.

Board member Wheeler emphasized the suggested changes aren’t directed towards his
client.

A discussion on allowed use was held.

Board member Greenwood asked about landowner rights and maintenance.

Ms. Crespo stated maintenance is not addressed in the amendment.

Planning & Zoning Board
Special Meeting
September 10, 2025
Page 5 of 9

Kim Renzenka, representing East Florida Motor Sales, spoke about how her client is
opposed to this. She stated this ordinance is inconsistent with the comprehensive plan. A
copy of zoning and ordinances was provided.

Board member Greenwood said this ordinance is not forcing the owners of the property to
stop using it.

Ms. Renzenka stated it creates nonconforming use.

Board member Greenwood asked should a natural disaster occur, would property owners
be able to rebuild without being considered nonconforming.

Attorney Eick stated if the property is destroyed, fifty percent of the structure would need
to be destroyed to force compliance.

A discussion on nonconformity and natural disasters took place.

Attorney Eick stated the nonconforming section of the code has been in place since 1990.

Board member Wheeler asked what Ms. Rezanka’s clients’ preferred use is.

Ms. Rezanka stated it was automotive.

Board member Wheeler asked about the meeting with the Diamond Square community and
if a list of prohibited uses was provided for everyone.

Ms. Rezanka said she has never seen a list of prohibited uses generated from any public
meetings.

Board member Wheeler emphasized that property requirements aren’t new.

Ms. Rezanka agreed but stated this is being thrust on the property owners.

Board member Wheeler spoke about uses of the properties.

Ms. Rezanka stated that her client would like the same rights he’s always had to be able to
expand his business for the uses he wants.

Mary Sulick, Biscaya Cocoa Holdings, stated her client owns the only vacant property. She
spoke about how her client has not been able to build due to zoning and compliance issues.

Purvette Chapman, 373 Stone St ., Cocoa, asked that staff’s recommendation to be
accepted. She stated that this would be bridging a gap.

Planning & Zoning Board
Special Meeting
September 10, 2025
Page 6 of 9

John Kabboord, Kabboord Properties, explained the property owners met with the City
Manager. He stated there was an iss ue with the requirements for property owners . He
would just like to be able have his continued use should a natural disaster require a
complete rebuild.

Board member Wheeler stated he hasn’t seen a change in the property.

Mr. Kabboord wanted to clarify he is a landlord that leases to tenants.

Board member Stewart asked why he would be ok with the use changing for the smoke
shop and not the car dealership.

Mr. Kabboord explained he couldn’t get a straight answer about the car lot but was always
aware of the issue with the smoke shop.

Board member Greenwood stated the main issue he’s heard tonight is natural disasters
rendering properties noncompliant. He wondered if an exception could be made.

Chairperson Park stated he was split. He explained that as a citizen, the four corners are a
disgrace. He stated that when this was brought to them several months before today,
landowners requested a meeting. As it stands, no progress was made.

Board member Stewart stated she sees a bigger issue. She said she feels safety and the
traffic in the area should be the focus.

Chairperson Park stated he disagrees and sees this as the City’s vision of a better
representation for the City.

Board member Sengel expressed he understands the nonconformity issue this is creating
for the landowners. He asked if the property owners could be protected in some manner.

Vice Chair Anderson stated he feels good about the direction the City wants to go. His
concerns are with the uses.

Chairperson Park said the properties are currently in conflict with the mixed use and future
land use designation.

Board member Wheeler asked about the zoning reference that was supplied to them.

Ms. Rezanka clarified the different overlays.

Chairperson Park asked about the statutes referenced.

Attorney Eick spoke about SB 180. She stated the city’s position is that the ordinances are
not more restrictive.

Planning & Zoning Board
Special Meeting
September 10, 2025
Page 7 of 9

Additionally, she stated that there are uses in reference that have been added. She asked
the board to reference the ordinance.

Board member Findlay spoke about how she has mixed feelings about this. She stated as a
resident, she is not a fan of hearing cars getting unloaded.

Board member Greenwood stated safety and traffic is determined by FDOT.

* MOTION BY BOARD MEMBER GREENWOOD ; SECONDED BY BOARD
MEMBER SENGEL TO APPROVE THE OVERLAY WITH PROVISIONS THAT
NONCONFORMING STATUS SHALL NOT BE APPLIED TO EXISTING USES
REBUILT DUE TO DAMAGE CAUSED BY A NATURAL DISASTER,
PROVIDED THE REBUILD DOES NOT EXPAND THE NONCONFORMITY,
AND TO SPECIFY THAT REQUIRED CANOPY TREES BE INSTALLED AT A
MINIMUM HEIGHT OF TWELVE FEET.

Attorney Eick stated the exception is feasible.

City Manager Whitten asked about the smoke shop and its inclusion.

Board member Findlay asked if they can include upkeep and maintenance for the
properties.

Board Member Wheeler stated as the motion sits, he would not approve it.

Board Member Greenwood asked for clarification on Board Member Wheeler’s statement.

Chairperson Park spoke about a previous ordinance the board voted on.

AYES: GREENWOOD, SENGEL

NAYES: PARK, ANDERSON, FINDLAY, STEWART, WHEELER

MOTION FAILED (2-5)

* MOTION BY BOARD MEMBER WHEELER; SECONDED BY BOARD
MEMBER GREENWOOD TO APPROVE THE OVERLAY AS WRITTEN.

AYES: PARK, FINDLAY, GREENWOOD, SENGEL, WHEELER

NAYES: ANDERSON, STEWART

MOTION PASSED (5-2)

Planning & Zoning Board
Special Meeting
September 10, 2025
Page 8 of 9

2. PZ 25 -00500002 VISIONING FOUR CORNERS OVERLAY COMPREHENSIVE
PLAN TEXT AMENDMENT ORDINANCE 01-2025

Consideration of an Expedited State Review Comprehensive Plan Text Amendment to
amend Figure FLU -1, Standards for Future Land Use Categories, to include the
Commercial Parkway (C-P) zoning district within the Four Corners Overlay District, as an
applicable zoning district in the Mixed-Use (MU) Future Land Use Designation.

Ms. Crespo presented a PowerPoint for the Four Corners overlay Comprehensive Plan Text
Amendment Ordinance 01-2025
2.

Mr. Oliver spoke about SB180.

Ms. Rezanka provided a memorandum.

Ms. Solik emphasized previous counsel’s statements.

* MOTION BY BOARD MEMBER GREENWOOD ; SECONDED BY BOARD
MEMBER WHEELER TO APPROVE THE STAFF RECCOMENDED
AMENDMENT, ORDINANCE 02-2025.

AYES: PARK, FINDLAY, GREENWOOD, SENGEL, WHEELER

NAYES: ANDERSON, STEWART

MOTION PASSED (5-2)
IV. Tree Board:
V. Open Discussion:
VI. Other Business:
Board Member Greenwood asked for updates on the apartments and hotel.
Attorney Eick provided an update.
Chairperson Park congratulated everyone on the opening of Lee Wenner Park.
VII. Next Meeting Date:
Wednesday, October 1, 2025, at 6:00pm, at 65 Stone Street in Cocoa, FL
VIII. Adjournment:

2 Exhibit B: PowerPoint presentation PZ 25-00500002 Comprehensive Plan Text Amendment

Planning & Zoning Board
Special Meeting
September 10, 2025
Page 9 of 9

* MOTION BY CHAIRPERSON PARK; SECONDED BY BOARD MEMBER
WHEELER TO ADJOURN THE MEETING.

AYES: PARK, ANDERSON, FINDLAY, GREENWOOD, SENGEL,
STEWART, WHEELER

MOTION PASSED UNANIMOUSLY (7-0)

MEETING ADJOURNED AT 8:44 PM.

______________________________
Wesley Park, Chairperson
Respectfully Submitted By:

______________________________________
Breanna Earley, Recording Secretary

Agenda (the City's wording)

Time links are automatic matches to the machine transcript and may be off.

An item without a time link may still have been discussed; the link is only added when the automatic match is strong.

I. Opening Matters

1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Roll Call

II. Approval of Agenda and Minutes

1. Agenda: Special Meeting of September 10, 2025.
2. Minutes: Regular Meeting of August 6, 2025.

III. Old Business

IV. New Business

1. Ordinance 02-2025 LDR Amendment Creating Four Corners Overlay District
2. Ordinance 01-2025 Large Scale Comprehensive Plan Text Amendment Four Corners Overlay District — 02:29:24

V. Tree Board

VI. Other Business

VII. Next Meeting Date

VIII. Adjournment

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. “▶ Play” opens the recording at that moment, as the City's file, in a new tab.

How this transcript was made. New machine transcription of the whole recording, with 17 voices separated from the audio. 43 short machine repair(s) (51 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, whether a voice was detected where the words are and a language review for likely mishearings. A second, independent machine reading was compared with it word by word: the same words for 94.8% of 25,097 content words. Dotted words (573 places) are ordinary wording differences: hover or tap to see the other reading. 502 passages (20% 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.

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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So, what

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the heck? From water to

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the difference.

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It's

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a property. From water to property. Right. Yeah. Okay, so what's next here? Utilities. Let me

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know when you're ready to go, Brianna.

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I'm

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ready.

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That's it. That's what I'm saying.

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Thank you.

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Do what you got to do.

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Can I still be

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curious

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when

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I see that?

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Okay.

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Look at you.

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Yes, sir.

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Okay. But I just, with that, thanks Tom. Thank you very much. Thank you.

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Okay.

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Okay,

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Ready. All right.

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We'll

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call the meeting to order. All right.

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Just making sure it's correct. An invocation. So do we have someone who could provide an invocation?

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I don't believe we have anyone scheduled to do an invocation this evening. This might be an older version of the ‸ agenda template.

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Yes, that's the next one. You got it.

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Exactly.

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All right, everyone, please stand.

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All right, Mrs. Early, roll call.

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Here.

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Vice Chair Anderson.

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Here.

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Board Member Finley. Here. Board Member Greenwood.

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Here.

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Board Member Jones. Board Member Stewart. Yes.

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Here.

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Alternate Board Member Wall. And alternate Board Member Bashan. And then City Attorney.

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Oh, and I'm so sorry. Board Member Wheeler.

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Present.

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Thank

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She meant assistant to the assistant chairman. Is that. All right. Thank you. All right. Next item is item two.

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If you'd like to approve it.

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agenda as submitted. All right. Wait. We have a motion and a second. Any further discussion on this item? All in favor? Aye. Any opposed? All right. Number two under item two is the

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Has everyone had time to look over the minutes? And if so, provide direction. Motion to approve the minutes as submitted. Okay.

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Second by Mr. Wheeler. Any further discussion on the minutes from last month's meeting? All right.

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All

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in favor? Aye. Any opposed? All right.

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Motion

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passes. Nothing under our old business. Next we have new business under item four. Starting with ordinance 02-2025.

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Yes. Thank you. And good evening board members. I'm Jen Webster,

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city planner.

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Which are two ordinances regarding the creation of the Four Corners Overlay District. And we have Alexis Crespo with RVI, our consultant planner, to present those two items to you this evening.

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Thank you,

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ma'am. Thank you. Good evening. Alexis Crespo. I'm planning consultant for the city, assisting with the Four Corners Overlay District and Companion Comprehensive Plan Amendment. You saw me present this in June, just a few months ago at that meeting,

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We were directed to meet with them, give them time to review the ‸ ordinances as they had indicated, a very short period of time to review it ‸ at the meeting. And also see where we could meet and compromise on some of their requested changes. We ‸ have made some changes and are bringing it back to you tonight for consideration. Because the Comprehensive Plan Amendment, typically that's the bigger application, that's usually the bigger change.

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request. And so we're going to really talk you through the Land Development Code change ‸ and then do the ‸ plan amendment afterwards. So

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an overlay district known as the Four Corners Overlay District, which would work in concert with the underlying zoning district.

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And we're proposing to create this district to implement the mixed use future land use category. And it prescribes changes to schedule abuses, as well as development standards within the area, including your setbacks, landscaping, parking, signage, and also establishes some architectural standards to again, further uphold the vision of the comprehensive plan for this category in general area.

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significant changes. We were you'll notice fewer property owners here in the room because we did remove the parcel, the northernmost parcel at the northeast

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So we did trim back our overlay district based upon input and further consideration. We also hearing their concerns that they would have to ‸ come into compliance with the overlay district sooner than later, or that it would prevent them from making minor changes to their site.

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What if we want to make improvements? Now you're putting this overlay district on us and it's going to prevent us from making improvements because we're going to want to retain retain a use on the property and therefore we'll never make any upgrades to the site in order to not trip compliance with the district. So we said, well, let's let's let's

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let

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them make more changes without and remain as a legal non-conforming use.

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15% or enlarged it by 15% you would be have to conform with the minor development procedures that will walk you through. We bumped that up doubled it to 30% so

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They can renovate. They can do all those things afforded to them under the

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some relatively minor site enhancements. And they get the big part is they would get to retain the use that's no longer permitted under the overlay. That's really the crux of this, right? And then similarly for the major development, that's where you would have to conform with the entirety of the ordinance,

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You can expand it up to 49% renovated up to 49% of the value,

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etc

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and still just do ‸ the minor site improvements, retain the use.

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you want to put more landscape buffering on your car lot, we do not want to prevent you from doing that. And, you know, as long as you think that's ‸ the best viable use to your property, you can continue with that use. We're just asking you to do a few things to dress it up if you make relatively substantial changes. We want to note that we did add uses through this process. They were in the previous proposal you saw back in June, but this ordinance does add uses. It does eliminate some of those auto-oriented uses, but we did add several. This also, I think the most important part is as redevelopment does come to this area,

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particularly.

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to maximize the square footage on the property more so than they can today under the CP zoning district. And square footage relates to value in the real estate world. So we ‸ would like you to keep that in mind. The one area where we did not get to further agreement was the uses. They were really adamant about the car

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rather, but those were, we just were, I agree to disagree status on that.

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But those were directives from the council in August when we presented to them the results of the visioning that occurred.

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to mixed use, we've ‸ not changed the permitted use in the ordinance. So just a couple things as a refresher. This is the intersection of US 1 and 520. This is the parcel we removed. So I'm just going to do that so you can see it one more time. So we took that out of the overlay and the overlay will just be the principal four corners of this district. And why is this important to the city of Cocoa?

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It's, it is a really critical intersection in the city.

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That is

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the first bullet point of what they want to achieve. They want a community that is walkable where people can get to services, amenities, et cetera. Same is generally true for the Cocoa CRA to further to the, to the west or east rather. And this is sandwiched squarely in between them. It is the gateway to really downtown Cocoa. So we thought this was a critical area to focus on, on implementing the

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the mixed-use

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future land use category appropriately. So the mixed use future land use category there. It's a lengthy category. If you go to your comprehensive plan, it's not just one policy. It,

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a walkable pedestrian environment. It does allow single use commercial, which is allowed under the proposed overlay district. But, um, it has lots of language in it about de-emphasizing purely vehicle orientation.

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I don't think that's feasible in the short or long term. It's about creating a place where all modes can participate and, and use the area equally and safely. And so that's what we're trying to get at multimodal, um, uh, access to these sites and, an area. So we identified that, um, in 2010, the mixed use future land use category was adopted into the comprehensive plan. It was, um, implemented on, on this specific area as well as throughout the city. It's actually a pretty substantial category and it had implementing zoning districts. CP is not one of them.

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these parcels is not an implementing zoning district for the future

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category, which really drove this fix. So what we're proposing is to include this overlay district as an implementing category so that the properties don't need to rezone to come into compliance. ‸ So we approached this with a robust public outreach, uh,

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uh,

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campaign, if you will. Uh, this is a picture of my predecessor, Steve Noto, um, at a very well attended, um, meeting, uh, last year.

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we had a series of, of workshops where we got input from the community.

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as I noted, to get their input on the results. And then we're here before you again, working on the public hearing aspects of this. So I've kind of covered this, um, and I've covered this last time that these were not, we, we work in a lot of jurisdictions and sometimes no one shows up and you're kind of lonely at these meetings. That was not the case. We had a really wonderful attendance that I ‸ credit the CRAs and staff for getting the word out,

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their input. I've kind of covered that. So this is an example of an environment that is auto oriented as well as pedestrian oriented. And it's, it's trying to achieve the balance and kind of retrofitting, uh, strip commercial. That's kind of what Florida

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roads, parking lots, and, uh, a building in the back.

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What we're seeing occurring throughout central Florida and really the country is trying to get back to,

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uh,

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a form of development where you can walk, you can drive, and everyone's equally sharing the infrastructure.

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achieved here is you've got the building towards the streetscape. So it's the, the pedestrians interfacing with the building or looking at the building they want to enter as opposed to traversing a sea of parking or a parking lot. You've got architectural character of the building. So it's visually appealing. Um, you've got, uh, seating areas, uh, and things of that nature to make it a nice environment while at the same time accommodating vehicles. This does have a drive through, so it's possible, um, to achieve, uh, again, uh, appeasing all users of the, of the project.

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street. You've

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So it's also attractive. And then pedestrian access,

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‸ So

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just showing what a building with reduced setbacks, uh, with reduced parking located in this area of the site where it, where it could build out and how it could enhance the intersection through, um, good architectural design and building placement. And you can see these are substantially larger, um, than what is existing there, meaning more, more buildings for footage. So getting into the meat of the amendment, there's an applicability section with the minor and major redevelopment thresholds. Again, that's the key part that changed. The uses can continue.

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It's when they want to expand or redevelop that they would need to come into conformance with this code. So there's no, no sun setting. We've done these kinds of overlays throughout the state. There's sometimes where it's like within 10 years, you're going to lose the use and kind of a schedule of phasing uses out that is not proposed here. They can continue and they can expand up to 49% without losing, losing the use and complying with the uses within the district. Assuming they're a non-conforming use.

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Uh,

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We added craft breweries. We added, um, healthcare clinics, business service establishments. So

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list, um, to offset, um, the removal of some of the, the auto oriented uses. We created specific landscape buffer signage sidewalk and site design elements also to

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result

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in the images you saw on the screen.

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The idea is you don't need a big massive buffer because you're not going to have an ugly parking ‸ lot up on the street.

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You

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can have an, if you have a nice building there, you really just need a nice row of trees, um, to create a nice, maybe shaded and walking environment, but you don't need these significant

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right-of-way buffers

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So that was one piece of it. Um, also the scale of signage, making sure there's sidewalk access, um, additional building height is afforded here and the setbacks are, are less than the setbacks in the CP zoning district. Again, to get the building closer to ‸ the street.

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variances under your code. So if somebody comes in and needs relief, they have a variance. There's PUD zoning.

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[00:18:32] ▶ Play Speaker 10

um, that, that are not being eliminated by

[00:18:35] ▶ Play Speaker 11

this overlay district.

[00:18:38] ▶ Play Speaker 10

Kind of covered those. Um, we do have specific standards to screen the

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establishment. You saw

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Flag: words were replaced by a machine repair · 00:18:44–00:18:44 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

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that Starbucks.

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Flag: a language review questioned the wording · 00:18:44–00:18:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:18:46] ▶ Play Speaker 10

You want to not have your queuing lane right up front again to kind of screen that from the use. So we did, I've not heard any concern with the architectural styles. We proposed a menu of architectural styles consistent with what you see throughout the city of Cocoa. There is a lot of different flavor when it comes to architecture. We don't want to be homogenous or cookie cutter here. So you can do more of an old Florida style, which is what you see at the top left hand side. Uh,

[00:19:12] ▶ Play Attribution uncertain

the

[00:19:12] ▶ Play Speaker 10

top right is more of a Mediterranean Spanish style, um, of a design. And to the bottom of that you have colonial or traditional architectural style, more brick,

[00:19:23] ▶ Play Attribution uncertain

uh,

[00:19:24] ▶ Play Speaker 10

dormers, porches, things like that, shutters. And then lastly,

[00:19:28] ▶ Play Attribution uncertain

you

[00:19:28] ▶ Play Speaker 10

have the modern, uh, architectural look, which can be fun and also integrate with the other styles. And we didn't again, hear any concerns about this because you have options and you just have to meet minimum elements for each style.

[00:19:43] ▶ Play Speaker 10 · Unclear audio

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[00:19:45] ▶ Play Speaker 10

um, it is our recommendation that this is, uh, not only consistent, but it's enhancing consistency with the comprehensive plan by implementing a zoning district aligning with the mixed use future land use category. There's also goals, objectives, and policies throughout the comprehensive plan that relate to creating human comfort, sense of place, aesthetics, um, smart growth principles, et cetera. I want to leave you with, there's a lot of flexibility afforded to the landowners through this proposal.

[00:20:19] ▶ Play Speaker 10 · Unclear audio

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but we're increasing the amount of building they can put on these sites long-term, which we do believe adds ‸ value and flexibility for the, through the process.

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Flag: a language review questioned the wording · 00:20:31–00:20:36 · unresolved: the words are not shown (unclear audio); listen to the recording

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uh,

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that we'll hear next. We do think this is really critical for comp plan consistency, but also, uh, create implementing a long-term vision for quality redevelopment in this really important area between the two CRAs.

[00:20:57] ▶ Play Speaker 2

Thank you.

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Flag: a language review questioned the wording · 00:20:58–00:20:59 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:21:00] ▶ Play Speaker 2

All right. Does ‸ board have any questions for staff?

[00:21:04] ▶ Play Speaker 2 · Unclear audio

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[00:21:05] ▶ Play Speaker 6

I'm sure. Let Russell go first if he likes. Okay. Okay.

[00:21:13] ▶ Play Speaker 12

Um, unfortunately I wasn't here for the original meeting that this got tabled to. So pardon me if this is any redundant questioning that hasn't been answered before. Uh, you talked about reducing the parking. Can you give me an example of that? Um, how much are we reducing it? Reducing the parking for the developments?

[00:21:34] ▶ Play Speaker 12 · Unclear audio

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[00:21:36] ▶ Play Speaker 12

And I know each building is different sizes. So the parking is different. So, but if you can just kind of generalize it.

[00:21:43] ▶ Play Speaker 10

Let me get to that. Give me one second. So, um, that's on page nine of 19, just for reference of the ordinance. Um, ‸ where you're doing mixed use, uh, there may be

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[00:22:03] ▶ Play Speaker 10

parking when doing a mix of uses on the site.

[00:22:10] ▶ Play No voice detected

So,

[00:22:10] ▶ Play Speaker 10

it's a, it's expressed as a percentage there. We could give you some examples of in terms of spaces if, if you'd like.

[00:22:19] ▶ Play Speaker 12

Okay.

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[00:22:21] ▶ Play Speaker 12

I can, I'll figure it out.

[00:22:23] ▶ Play Speaker 12 · Unclear audio

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[00:22:27] ▶ Play Speaker 12

They're on those. They're on the properties. Are those addressed at all?

[00:22:33] ▶ Play Speaker 10

They are not. I don't know if there's any billboard overarching billboard ‸ requirements that may come into play, but.

[00:22:44] ▶ Play Speaker 13

I'm not aware that there's a billboard on any of these particular sites, but if there are,

[00:22:52] ▶ Play Attribution uncertain

um,

[00:22:52] ▶ Play Speaker 13

I don't believe that they would. Well, there, there is existing regulations on billboards specifically. Um, but we could look into that further if there are, I'm not, I'm not aware that there are.

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[00:23:13] ▶ Play Speaker 3

There's one at the, uh, I was about to call it the old name, but that's all I can think of at the car exchange.

[00:23:19] ▶ Play Attribution uncertain

And

[00:23:19] ▶ Play Speaker 3 + overlapping voice · overlapping voices

then there's the other one right over here. All right. So there are two, um, that are existing.

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Flag: a language review questioned the wording · 00:23:24–00:23:28 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:23:28] ▶ Play Speaker 3 + overlapping voice

not, uh, necessarily designated.

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[00:23:39] ▶ Play Speaker 13 + overlapping voice · overlapping voices

And frankly, most of the billboards are already considered nonconforming in the city. So I'm not sure that there would be much of a difference, but I will look into that further.

[00:23:52] ▶ Play Speaker 12

Okay.

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[00:23:55] ▶ Play Speaker 12

So if it is, if it's time to address it now would be the time to address it. And, um, can you expand on the, um, you said the zone, the ‸ heights of the structures is increased?

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[00:24:10] ▶ Play Speaker 11

Yes. We.

[00:24:15] ▶ Play Speaker 12 + overlapping voice · overlapping voices

What was it before? Was it now? And what is it going to?

[00:24:25] ▶ Play Speaker 10

Apologies for flipping here.

[00:24:27] ▶ Play Speaker 8

It's four stories.

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[00:24:33] ▶ Play Speaker 10 + overlapping voice

I'm going to just, I, I don't go by memory anymore. I'm too.

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him the answer of what is

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[00:24:54] ▶ Play Speaker 12 + overlapping voice · overlapping voices

What is it?

[00:24:55] ▶ Play Attribution uncertain

It's

[00:24:55] ▶ Play Speaker 10 + overlapping voice · overlapping voices

45 feet today. And so it's an additional 15 feet of height 60.

[00:25:00] ▶ Play Speaker 12

Okay. Uh, that's all I got for now.

[00:25:08] ▶ Play Speaker 6

All right.

[00:25:09] ▶ Play Speaker 14

Mr. Greenwood.

[00:25:10] ▶ Play Speaker 6

Uh, yes. Um, well, first of all, um, I'm very impressed with the work that you all ‸ provided. The staff has worked overtime for this. You all have touched on every subject. That's the most important from the last meeting where we have people that were representatives of the diamond square, uh, CRA and you've helped address them. And I wanted to point that out also, but in the meantime, for further, um, simplistic ‸ reasons, the items that, uh, we definitely were not supportive of seeing there, the type of businesses. And I wanted to go over that with you to make sure that the public understands this too, that, uh, these locations, car washes are not going to be approved for that location. If this gets passed, correct?

[00:26:04] ▶ Play Speaker 10

Correct.

[00:26:04] ▶ Play Speaker 6 + overlapping voice

And that includes liquor stores. Correct. That includes a smoke shop. Correct. And gas stations. Yes. Okay. I just wanted to make sure I bring that out for the public.

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[00:26:24] ▶ Play Speaker 6 + overlapping voice

you are, uh, that is wonderful because the city's going out of its way to accommodate anybody interested in developing that property.

[00:26:33] ▶ Play Speaker 6 + overlapping voice · Machine re-recognized

It makes it easier to support what the city

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Flag: the machine readings disagree here; the recognizer flagged its own output; a language review questioned the wording · 00:26:37–00:26:40 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:26:40] ▶ Play Speaker 6 + overlapping voice · overlapping voices

Um, and in addition to that, the renovation percentages, uh, when you first mentioned the 15%, that really, uh, got me, I had a note on it where I wanted to say, no, I don't think that's fair. But, uh, it was changed, uh, not only,

[00:26:58] ▶ Play Attribution uncertain

uh,

[00:26:58] ▶ Play Speaker 6 + overlapping voice · overlapping voices

the, the minimum version, but

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:27:00–00:27:04 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:27:04] ▶ Play Speaker 6 + overlapping voice

to pull the permit without having any extra approvals. Is that correct?

[00:27:08] ▶ Play Speaker 10

That's, that's correct. If, if you, um, went to 49%, you would only have to comply with the minor requirements, um, which are some additional site features. So you can do potted plants. So we've tried to look at cost effective supplements to dress up the site through the minor process.

[00:27:30] ▶ Play Speaker 6 + overlapping voice · overlapping voices

And, um, you mentioned trees. We are a tree board and the board has become very protective of trees. And I really think that with new construction and all that, this is something that we really need to look more supportive of it. Uh, I know that our current requirements are good. I have, but it can be tweaked a little better, uh, because the initial trees, I know that they end up growing and all that, but I don't want to be dead and finally see them bigger. Like I would like to see, I think our limit now is what six to 10 foot tall. As far as tree planting, I don't know if the staff knows that off hand, but, um, that would be one part that I might want to get more information on if it needs tweaking and reference to the landscape.

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This

[00:28:35] ▶ Play Attribution uncertain

is the major entranceway.

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[00:28:52] ▶ Play Speaker 6 + overlapping voice

‸ So, um, could you go over the, the tree part that you lightly touched base on maybe if there was a change or did you, did you all decide that you wanted to add something as an incentive of some sort to, uh, to the landscaping requirement? Uh, because

[00:29:12] ▶ Play Speaker 6 + overlapping voice · Unclear audio

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[00:29:12] ▶ Play Attribution uncertain

uh,

[00:29:13] ▶ Play Speaker 6 · Unclear audio

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[00:29:16] ▶ Play Speaker 6

entranceways

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[00:29:19] ▶ Play Speaker 3

Uh,

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[00:29:23] ▶ Play Speaker 6

And I'm sorry. I, I, that's unacceptable to me.

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[00:29:30] ▶ Play Speaker 6

should really replace the ones that have died there, but go in one step further when it comes to these, this four corners, as far as landscaping design. I don't know how the rest of the board feels, but I feel that because this is such a visible, all these four of such a visible sites that we really need to put a little more attention on allowing, uh, whoever wants to develop there, uh, to convince them to do a little extra with trees on this along the streets.

[00:30:01] ▶ Play Speaker 10 + overlapping voice · overlapping voices

Sure. And the

[00:30:02] ▶ Play Speaker 6

main street.

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[00:30:07] ▶ Play Speaker 10 + overlapping voice · overlapping voices

some shade along the street. So ‸ the requirement is for

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[00:30:16] ▶ Play Speaker 10 + overlapping voice

linear feet.

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[00:30:19] ▶ Play Speaker 6

Say that again, please.

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[00:30:24] ▶ Play Speaker 10 + overlapping voice · overlapping voices

the street tree requirement.

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[00:30:33] ▶ Play Speaker 10 + overlapping voice · overlapping voices

To be 12 or even 14 feet at the time of planting so that you have some immediate shade and growth beyond that height. It can be hard for the larger, the tree, the harder it is for it to take. So, but you often see, I, I can look up what your current standard is for the time of planting,

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[00:30:58] ▶ Play Speaker 10 + overlapping voice · overlapping voices

in other codes. There's also the ability to switch out the canopy trees for palm trees. And

[00:31:03] ▶ Play Speaker 6

that's what you have in this proposal before us.

[00:31:05] ▶ Play Speaker 10 + overlapping voice · overlapping voices

Correct. Yes. Of

[00:31:06] ▶ Play Speaker 6

that height of the trees.

[00:31:07] ▶ Play Speaker 10 + overlapping voice

No, we have,

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[00:31:13] ▶ Play Speaker 10 + overlapping voice · overlapping voices

height of the trees.

[00:31:15] ▶ Play Speaker 6 + overlapping voice · overlapping voices

I'm going to be leaving. But we

[00:31:15] ▶ Play Speaker 10 + overlapping voice · overlapping voices

can't, if you want to include that in a recommendation, we certainly could.

[00:31:19] ▶ Play No voice detected

That's true.

[00:31:19] ▶ Play Speaker 6

Thank you very much for your help. Thank you. Thank you.

[00:31:23] ▶ Play Speaker 1

All right. ‸ I wasn't in the beginning process of this as well.

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[00:31:31] ▶ Play Speaker 1

Mr. Greenwood. Um, you mentioned a

[00:31:35] ▶ Play Speaker 1 · Machine re-recognized

strip

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commercial identity and you showed us, um, that Starbucks.

[00:31:42] ▶ Play Speaker 1 · Unclear audio

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[00:31:45] ▶ Play Speaker 1

was there a feasibility study that considered safety and traffic and congestion in that area?

[00:31:53] ▶ Play Speaker 10

We did not because we're not changing the intensity or allowable densities allowed under a comprehensive plan. We did not do a traffic study.

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[00:32:06] ▶ Play Speaker 10

in terms of access to the site, spacing requirements, any turn lane requirements. Um, we're simply locating the building differently on the site as opposed to, um, a parking lot. Um,

[00:32:19] ▶ Play Speaker 1

but if we approve this change, that's going to open the door for development, correct? In the four corners?

[00:32:28] ▶ Play Speaker 10

Um, it will, well, there's development allowed today there. So it would, it would allow for a different form of development. I would, I would say that it's currently allowed to be developed with commercial uses today.

[00:32:42] ▶ Play Speaker 1 + overlapping voice · overlapping voices

Um, so I was,

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[00:32:49] ▶ Play Speaker 1 + overlapping voice

Um, was there a consideration ‸ or brought up what's going to happen to the highways? That's already there, the smoke shop that's in the four corners.

[00:32:58] ▶ Play Speaker 10

Yes, they can remain there in perpetuity.

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[00:33:03] ▶ Play Speaker 10 · Unclear audio

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[00:33:07] ▶ Play Speaker 10

um, by up to 30%, they would, or they can expand their building footprint, footprint, correct,

[00:33:14] ▶ Play Attribution uncertain

[00:33:15] ▶ Play Speaker 10

to 30% without triggering any compliance with the code. So they can make some alterations. If they want to expand beyond 30%, they would have to comply with minor standards. And then if they want to expand 50%, that's when they trip coming into compliance and they would no longer be able to enjoy that use. But the use can stay there up until such time as they expand that or renovate that building up to 50%.

[00:33:42] ▶ Play Speaker 1

Okay. So I also wanted clarification. Um, I've seen it throughout the package about promoting walkability in that four corners, that intersection. I'm just curious if we open it up for more development, how are we making it, making it more walk accessible to me? It just seems like it's so dangerous and congested. Now. I can't even imagine putting more things in each of those corners and adding to that. I was just curious what that looks like making it more walkable.

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[00:34:21] ▶ Play Speaker 10 + overlapping voice · overlapping voices

that is certainly going to involve FDOT and modifying the roadway.

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[00:34:29] ▶ Play Speaker 10 + overlapping voice · overlapping voices

We spoke to them about, we need to start moving forward with, with a plan for the roadway in conjunction with this land, with these land use changes. Because ‸ generally when you put the building closer to the street, the way you see on the screen with the Starbucks there, you organically slow traffic down when you bring things, when you narrow the, the, the, the driver.

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Flag: a language review questioned the wording · 00:34:55–00:35:01 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:35:01] ▶ Play Speaker 10 + overlapping voice

as it moves through this key intersection. And you do that by different treatments to the road,

[00:35:08] ▶ Play Attribution uncertain

you

[00:35:09] ▶ Play Speaker 10

know, median landscaping street trees are great at, at slowing travel speeds, activating the street frontage through putting the buildings there.

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Flag: the recognizer flagged its own output · 00:35:19–00:35:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:35:21] ▶ Play Speaker 10

Things

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of that nature.

[00:35:21] ▶ Play Speaker 10

So it is going to be a group effort with transportation, land use, um, to have this fully implemented over time. And we have engaged with them certainly. And

[00:35:32] ▶ Play Speaker 1

when that happens, is that going to come through our board as well? Hmm.

[00:35:39] ▶ Play Speaker 10

No.

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Flag: a language review questioned the wording · 00:35:39–00:35:42 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:35:42] ▶ Play Speaker 10

ever? There might be a PD&E study or something that

[00:35:46] ▶ Play Speaker 13

yeah, there could be some public, you know as Alexis was saying some public workshops that FDOT would hold for something like that But it likely wouldn't be through this board

[00:35:59] ▶ Play Speaker 1

Okay, and I had two Suggestions, I don't know if this is the appropriate venue, but was it brought up to consider doing a Walkway over the intersection for pedestrians because it's so dangerous. I Don't know if that was ever brought up as a consideration

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Flag: a language review questioned the wording · 00:36:20–00:36:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:36:25] ▶ Play Speaker 10 + overlapping voice

I think those those can work really well and be attractive

[00:36:29] ▶ Play Speaker 10 + overlapping voice · Machine re-recognized

and

Flag: words were replaced by a machine repair · 00:36:29–00:36:30 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:36:30] ▶ Play Speaker 10 + overlapping voice

a great

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:36:30–00:36:36 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:36:36] ▶ Play Speaker 10 + overlapping voice

could be made to make it more walkable

[00:36:37] ▶ Play Speaker 1

Okay, and then the last thing mr. President, I'm not sure if our board can bring this up next meeting, but I'm thinking we're the tree board

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Flag: a language review questioned the wording · 00:36:46–00:36:51 · unresolved: the words are not shown (unclear audio); listen to the recording

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maybe keep it grass? Landscaping and trees and make

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:36:55–00:36:57 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:36:57] ▶ Play Speaker 1

their intersections

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Flag: a language review questioned the wording · 00:36:58–00:37:03 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:37:03] ▶ Play Speaker 1

than I do at the 520 and the one So I don't know if that's a possibility, but I would be in favor of something like that Let's see I think that answers

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Flag: a language review questioned the wording · 00:37:15–00:37:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:37:21] ▶ Play Speaker 1

we're doing tonight we're changing the classification to add commercial. And then the door opens, and whatever happens after that, that's out of our hands. Is that correct?

[00:37:33] ▶ Play Speaker 10

It's it's currently zoned CP or commercial Parkway.

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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:37:37–00:37:43 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:37:44] ▶ Play Speaker 10

The commercial could be developed today without this change.

[00:37:47] ▶ Play Speaker 3

Okay

[00:37:48] ▶ Play Speaker 10

What we're doing is putting an overlay on the intersection to guide development So the buildings are Located as you see in the in the picture where they're closer to the street. We've got streetscape landscaping We have architectural standards Just to create a stronger sense of place at this intersection and guide the redevelopment so that it's not The parking lot adjacent to the roadway As the as the that interface with the public realm,

[00:38:17] ▶ Play Speaker 1

okay,

[00:38:18] ▶ Play Speaker 13 + overlapping voice · overlapping voices

thank you. I just want to clarify for the board Currently the zoning is commercial Parkway However, there would be no potential for development to occur right now because ‸ of the inconsistency with the comp plan and that zoning district Okay, thank you

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Flag: the recognizer flagged its own output · 00:38:39–00:38:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:38:41] ▶ Play Speaker 8

I have one question on the ordinance itself and then several other questions. Um There's an added list

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:38:49–00:38:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:38:50] ▶ Play Speaker 8

To the added uses Um I Believe you said there's seven or eight here were those Uh, was that property owners input?

[00:39:00] ▶ Play Speaker 10 + overlapping voice

‸ We did attach their red lines.

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Flag: a language review questioned the wording · 00:39:03–00:39:07 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:39:07] ▶ Play Speaker 10 + overlapping voice · overlapping voices

one of the property owners red line Yeah, like it

[00:39:11] ▶ Play Speaker 8 + overlapping voice · overlapping voices

has financial institutions and related services as it you permitted. Craft breweries healthcare facilities

[00:39:20] ▶ Play Speaker 10

Those are all that those are items that we include that staff is proposing.

[00:39:25] ▶ Play Speaker 8

Okay. No, I like that I just was wondering if they uh, if the property owners were were good with that as well Okay This board, um, I believe even the city council Probably four or five years ago um permitted a starbucks Down here at the old sun trust my next few questions are probably for staff

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:39:50–00:39:51 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:39:51] ▶ Play Speaker 8

down for the old sun trust building and um never heard any more about it

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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:39:55–00:40:03 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:40:03] ▶ Play Speaker 8

that Whatever whatever

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:40:06–00:40:09 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:40:11] ▶ Play Speaker 15 + overlapping voice · overlapping voices

Actually, the owner of the property was uh, uh, summit shaw still is summit shaw. Okay, right and so, um, um, um, I forget if if they actually ever formally submitted a site plan Application, I don't think they did but I think that uh that deal Never materialized for for them

[00:40:30] ▶ Play Speaker 8

for him. Okay. Yeah, because

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Flag: a language review questioned the wording · 00:40:31–00:40:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:40:33] ▶ Play Speaker 8

Um, and the reason I brought that up is I like the the picture of the starbucks and what kind of got my attention was there's a starbucks on the corner I thought when they built it 10 years ago, I thought it was a dumb idea But on the corner

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Flag: a language review questioned the wording · 00:40:46–00:40:47 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:40:47] ▶ Play Speaker 8

if anybody ever goes to melbourne

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:40:51–00:40:52 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:40:51] ▶ Play Speaker 8 · Unclear audio

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[00:40:52] ▶ Play Speaker 8

well they've they've they've made money there ever since they put the concrete in um so, uh Also, there's a dunkin donuts right on the other side of the railroad tracks And that was my other question um to staff Are there ever any safety issues or law enforcement issues with that locale?

[00:41:15] ▶ Play No voice detected

The donuts

[00:41:17] ▶ Play Speaker 8

[00:41:17] ▶ Play Speaker 8 · Machine re-recognized

noticed

Flag: words were replaced by a machine repair · 00:41:17–00:41:17 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:41:18] ▶ Play Speaker 8

there's no law ‸ enforcement people in here, but

[00:41:19] ▶ Play Speaker 5 (introduced as “Jen Webster” — machine-transcribed, not verified) + overlapping voice · Unclear audio

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Flag: a language review questioned the wording · 00:41:19–00:41:23 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:41:23] ▶ Play Speaker 5 (introduced as “Jen Webster” — machine-transcribed, not verified) + overlapping voice · overlapping voices

Yeah, the dunkin donuts right

[00:41:24] ▶ Play Speaker 8 + overlapping voice · overlapping voices

on the

[00:41:24] ▶ Play Speaker 15 + overlapping voice · overlapping voices

other side Yeah, yeah, because

[00:41:26] ▶ Play Speaker 5 (introduced as “Jen Webster” — machine-transcribed, not verified) + overlapping voice · overlapping voices

I I don't

[00:41:27] ▶ Play Speaker 15

I don't hear Anything, um, but I don't know what the reports are we could get you that but I don't

[00:41:35] ▶ Play Speaker 8

Let's say it seems to be since they

[00:41:36] ▶ Play Speaker 8 · Machine re-recognized

open

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[00:41:37] ▶ Play Speaker 8

that it seems to be doing well I mean, uh, I believe they've made money there ever since they put it in right.

[00:41:41] ▶ Play Speaker 15

Yeah, and in my almost five years

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Flag: a language review questioned the wording · 00:41:43–00:41:45 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:41:45] ▶ Play Speaker 8

Okay, I had neither so I was just wondering Okay, so So that type of usage I do see as a positive The only other question we're looking at I made reference last time we were Looking at this particular ordinance of that the the property owners Tend to want vehicular businesses and the community tends to want more of a walk-up bill Uh Retail type operations

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Flag: a language review questioned the wording · 00:42:19–00:42:22 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:42:23] ▶ Play Speaker 8

Several blocks down next to the old Hess station, um by provost park

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Flag: a language review questioned the wording · 00:42:29–00:42:31 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:42:31] ▶ Play Speaker 8

because that was At the time that was one of the original walkable the community wanted a little store grocery ‸ store Um, something of that dollar general type of a thing And yet my understanding is that that store was constantly being uh

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Flag: a language review questioned the wording · 00:42:50–00:42:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:42:52] ▶ Play Speaker 8 · Unclear audio

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[00:42:54] ▶ Play Speaker 6

Yeah, yeah,

[00:42:54] ▶ Play Speaker 8 + overlapping voice

yeah pilfered and and so I was wondering if there was any particular reason that family dollar closed

[00:43:05] ▶ Play Speaker 8 + overlapping voice · overlapping voices · Unclear audio

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:43:05–00:43:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:43:05] ▶ Play Speaker 3 + overlapping voice · Unclear audio

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[00:43:06] ▶ Play Speaker 3 + overlapping voice

to better communicate on that because once again that's my neighborhood

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Flag: the recognizer flagged its own output · 00:43:09–00:43:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:43:11] ▶ Play Speaker 3 + overlapping voice · overlapping voices · Unclear audio

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:43:11–00:43:11 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:43:11] ▶ Play Speaker 3 + overlapping voice · overlapping voices

Um So I'm repping my neighborhood So for the sake of that I will say yes, there was pilferage there but once again that's not coming from people that that are landowners in that community

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Flag: a language review questioned the wording · 00:43:22–00:43:27 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:43:27] ▶ Play Speaker 3 + overlapping voice

array of Cross section of brevard county happens to merge at that

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that

[00:43:31] ▶ Play Speaker 3 + overlapping voice · overlapping voices

convening spot right right so people

[00:43:34] ▶ Play Speaker 3 + overlapping voice · Machine re-recognized

are very

Flag: words were replaced by a machine repair · 00:43:34–00:43:34 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:43:34] ▶ Play Speaker 3 + overlapping voice

needs find their

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[00:43:37] ▶ Play Speaker 3 + overlapping voice · overlapping voices

picking up what they needed so it wasn't because of the Of the community in that particular scenario instance, okay You took that business model and you moved it to another location and ‸ I say I ones like we're considering at present

[00:43:50] ▶ Play Speaker 8 + overlapping voice · overlapping voices

Yeah, you

[00:43:51] ▶ Play Speaker 3 + overlapping voice · overlapping voices

would get a much more because I

[00:43:52] ▶ Play Speaker 8 + overlapping voice · overlapping voices

don't think they have I don't think uh I know they always had a problem with that family dollar, but they have a dollar general right around the corner and it seems to be doing all right

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Flag: the recognizer flagged its own output · 00:43:59–00:44:01 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:44:00] ▶ Play Speaker 8 + overlapping voice · overlapping voices · Unclear audio

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[00:44:01] ▶ Play Speaker 3

Right, right, so

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Flag: a language review questioned the wording · 00:44:04–00:44:07 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:44:08] ▶ Play Speaker 8

As she said that it needs to be you know safety needs to be a Huge factor with it

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Flag: the recognizer flagged its own output · 00:44:16–00:44:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:44:19] ▶ Play Speaker 2

‸ All right, thank you any other board members All right, seeing no one will close this to the board and open it to the public. I have a group of cards here

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least and then and then the rest will be as they are Provided to me. So the first is

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[00:44:49] ▶ Play Speaker 14 + overlapping voice · overlapping voices

Uh, good evening if uh, if I may have maybe a few extra minutes,

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Flag: a language review questioned the wording · 00:44:52–00:44:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:44:53] ▶ Play Speaker 14 + overlapping voice

Uh,

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we're

[00:44:53] ▶ Play Speaker 14

representing the board properties which have the eastern two corners of the Subject parcels being relocated

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Flag: a language review questioned the wording · 00:45:02–00:45:03 · unresolved: the words are not shown (unclear audio); listen to the recording

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known as the smoke shop and the uh New and used automobile sales corner on the south side as a procedural matter

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:45:12–00:45:13 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:45:13] ▶ Play Speaker 14

this board know I've delivered a letter to the city related to senate bill 180 specifically Section uh 28 of the law.

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:45:22–00:45:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:45:24] ▶ Play Speaker 14

to withdraw the proposed ordinance and that is a restriction of rights and interrogation of the law that was signed in to affect uh June 26 of this year and um, so any effectively that bill puts into place any County or municipality it was affected by any of the hurricane emergency orders of last year can't propose any new more restrictive or

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:45:49–00:45:52 · unresolved: the words are not shown (unclear audio); listen to the recording

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[00:45:52] ▶ Play Speaker 14 + overlapping voice

plan or their zoning code until 2027 under the state law So we've submitted our notice to the city And

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Flag: a language review questioned the wording · 00:45:59–00:46:03 · unresolved: the words are not shown (unclear audio); listen to the recording

[00:46:03] ▶ Play Speaker 14 + overlapping voice

applicant can seek Court fees and costs for the preliminary injunction involved with stopping it Just a procedural matter there Next uh to talk a little bit about my client the and the procedure and process that we've been through with the ordinance As it's going forward

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[00:46:24] ▶ Play Speaker 14 + overlapping voice

the The new and used automobile facility we've tried to work with the city and their staff on their process After the last board meeting we came back and said, you know We understand the city's goals on the aesthetics and the walkability and the pedestrian friendly access components Don't necessarily agree with the way it's going about where they're attacking the uses on the property Not the aesthetics and walkable friendly components of it such as the Your export report shows, you know, for example The starbucks that's picture there in the report if you flip a couple of pages

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of the report it shows a gas station 7-eleven

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Flag: words were replaced by a machine repair · 00:47:07–00:47:07 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[00:47:07] ▶ Play Speaker 14 + overlapping voice

evidence of a use that can be made walkable and pedestrian friendly

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[00:47:14] ▶ Play Speaker 14 + overlapping voice

My client specifically is not Really have a problem with that. They don't enjoy it because it's going to cost

[00:47:21] ▶ Play Speaker 14 + overlapping voice · Unclear audio

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[00:47:21] ▶ Play Speaker 14 + overlapping voice

money to bring it up to compliance But they're not here tonight arguing that

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[00:47:28] ▶ Play Speaker 14 + overlapping voice

in the revised ordinance we sent to them was two things we asked one That you allow the continued sale of new and used automobiles

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that one use to remain You take away all the others including the smoke shop my clients not going to argue with the city on it

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[00:47:50] ▶ Play Speaker 14 + overlapping voice

development changes. That's in nowhere else in the city code. It's not applicable to any other properties in your mixed-use districts any of your other overlay districts nowhere in the code specific to this In consultant and excuse me consultation with Mr. Whitten he asked if we would be amenable to the new and used automobile section restricting The equipment and RV sales component of it which is in the current code

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[00:48:21] ▶ Play Speaker 14 + overlapping voice · overlapping voices

parcel Then they we just got back they set a meeting we came to the meeting and in that meeting They said we're not touching the the uses that we are taking away from the properties or adding to the extent that We want to call them added to the gentleman's question.

[00:48:37] ▶ Play Attribution uncertain

[00:48:37] ▶ Play Speaker 14

believe that was mr Anderson none of those uses that are added or once the property owners asked for The ones that we asked for were all denied by the city staff and They said we're not adding any of those uses but we will work with you and change the

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[00:48:55] ▶ Play Speaker 14

now The planner kept saying that that's we can expand our building 30 to 49 percent without triggering or with only triggering the minor improvements that are within the code

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Flag: a language review questioned the wording · 00:49:09–00:49:12 · unresolved: the words are not shown (unclear audio); listen to the recording

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to our own building improvements We can't paint it we can't pave the parking lot even if we leave the existing building the same size To try to beautify these buildings without running potentially afoul of using the current use that the tenants have

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to Fix up their buildings at all

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is to have these buildings continue to deteriorate And that standard applies not just to my client that applies to the church building that applies to mr

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if the other corner has anything there So if those properties do anything more than that, they're going to have to come up to these new ‸ standards as well

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Flag: a language review questioned the wording · 00:49:53–00:49:57 · unresolved: the words are not shown (unclear audio); listen to the recording

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was the allowance of the used uh new and used automobile sales We were okay with as anything changed We would have to come up with a new compliance with the code the You know the couple other points that we went through while I was watching the slide presentation

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I believe Specifically said these four uses we don't want to see in this district We're okay with those four uses my clients okay with those four uses being restricted It's everything else that has been attacked under the guise of One bring it into compliance with a future land use Code which the future land use was changed in 2010 Not by our clients wishes that was forced down on them

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zoning codes to bring in compliance The other neighbor brings in an application under the cp parkway and the city comes forward and decides well You can't do that because your zoning is not in compliance with the future land use so and then this ordinance comes up So going back to what the city staff had told the public at least was those four uses were what we weren't going to seek And we support the city in those four uses not being allowed Again,

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pointed out that it's if the city's goal is to make it pedestrian friendly and aesthetically pleasing and interest rate to the village We're okay with those standards. It's the attack on the different uses That we have problems with especially as some of those uses are included in your your experts report

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of the code um

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I forgot who asked if there's been no study as to the traffic feasibility of these Issues or the economics or what it could do none that have been presented to uh

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And then to the gentleman that was requesting or discussing the starbucks down at ogalley and how that'd be a beautiful use there I I agree with you that'd be a beautiful use that particular parcel is on 0.52 acres My clients combined acreage on that corner is 0.2 acres it you can't fit it We have a total of eight thousand nine hundred feet On that property and that's including the existing building and the parking

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at the same time if you're pushing Planning landscaping to provide shade Those eat into your setbacks because you can't have a building right up on the property line and then plant your landscaping and trees Without running into problems of those that tree and those landscaping is being forced into the public right away and creating liability issues ‸ are Digging into your buildings foundations and your walls and you know causing operational issues of those buildings

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Flag: a language review questioned the wording · 00:52:55–00:53:00 · unresolved: the words are not shown (unclear audio); listen to the recording

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one use of new and used automobile sales And if we could remove the minor development criteria,

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that's

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nowhere else in the city code That's our only ask of this board tonight Now again, I only represent two of the landowners and I'm sure the others may have a little different take on it But that's ‸ our position and i'm happy to answer any questions that y'all may have

[00:53:19] ▶ Play Speaker 2

All right, any questions for the gentleman? Mr. Wheeler

[00:53:25] ▶ Play Speaker 3

Council, I do appreciate your attention to detail and providing us some background information on behalf of the client who is here this evening as well, correct? Correct. Yes, sir. Thank you. Um,

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i'm

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approach it

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.27 acreage of ‸ the smoke shop

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we can

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is just as a suggestion that that is not directly a suggestion towards your client Because there are other impacted

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properties.

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um, if you could please you you reference so eloquently

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Flag: a language review questioned the wording · 00:54:04–00:54:07 · unresolved: the words are not shown (unclear audio); listen to the recording

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examples of the denied examples of what was not in consideration uh ‸ versus what has already been considered?

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I'm

[00:54:17] ▶ Play Speaker 14 + overlapping voice · overlapping voices

sorry. I'm not sure I understand the question. That could be my hearing.

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in your meeting that there were uh opportunities that your clients were not provided in terms of what they could or could not make use of their own. properties So what were those denied examples?

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I'm not sure i stated that what i said is we requested the one use of the new and used automobile sales to be added back in And that was not allowed to be added back in the other uses that are added in were not ones that we requested from the city

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Okay, so ‸ we'll go back to the the one uses that your client did request does that not impact not one but two properties I'm

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not sure which which one that you're saying for

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automobile use that

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would be the property on the south corner which is currently operating It

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would

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also impact another property correct?

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It's the car sales lot not the car wash property I'm confused

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your client owns the car right property correct?

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Yes, sir.

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client owns that property your client is asking for an exception related to automobiles because of that property correct?

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We're asking that be listed as an allowed use as it is under the commercial property. Yes, sir.

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Okay. No problem. This isn't my paid job So i'm doing the best i can here

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i would think that you have a little bit more knowledge than i should at this point Does that not impact two properties your client and another property

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it would allow any property within this district should that ordinance pass You know, I don't represent mr erdman.

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here as well this evening ‸ So i'll continue in that direction and then um You

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referenced,

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and i'm going to ask this of secondary

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counsel

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as well. In this uh memorandum that was provided to us on yesterday, um

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uh planning consultant that was hired, It lists here in the one two three four paragraph And i'm going to read it and so that you can help me to understand a little bit better

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recent statute excuse me the recent state of florida legislation any municipality ‸ wishes

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standing with without examining the ramifications of senate bill 180 and senate bill 1628 Business impact estimate requirements it says if you have any questions, please contact me that's what it says So then once again, my question goes back to interpretation of the law.

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We're not lawyers

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I would tell you to rely on your counsel. I can give advice to this body

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Okay, so based upon the information that's been presented to us today um ‸ you also well, it was it was clarified that there have been Some variances that have been allowed to the existing property.

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on each of these properties?

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I don't know the exact dates, but he can speak to that he's here

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Flag: words only one machine reading has (possibly not said) · 00:57:40–00:57:43 · unresolved: the words are not shown (unclear audio); listen to the recording

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I'm on up to speed you can ask me when I

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get out there ‸ That's no problem whatever you prefer no, we can wait we can take it. Thank you, sir And that's it for

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Flag: numbers, amounts, negation or names differ between the machine readings · 00:58:08–00:58:11 · unresolved: the words are not shown (unclear audio); listen to the recording

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um ‸ The position that I think that he's taking on these two parcels um they're wanting car sales to be allowed in this ordinance, but They're existing they're pre-existing aren't they protected by the non-conformity I mean they're pre-existing that means they can continue doing The business and running it like they are now even if this gets passed

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what the law says

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Well

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you and I'll just note today in the cp district that applies today The new and used car sales are a special exception.

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So I think that's an important Item to bring to light

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if they wanted to expand today They would need to do a special exception to so there would still be a public hearing process for them And that would be if they could get over the hurdle that that the city attorney noted Which is just blatant inconsistency with the zoning and the future land use that but to answer the question you actually asked me um

[00:59:39] ▶ Play Attribution uncertain

Um,

[00:59:40] ▶ Play Speaker 10

if they can ‸ the idea that they cannot paint their building without losing their use is not Accurate in my professional planning opinion it they they're they're having to enlarge renovate um the the building or make

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have the use

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paint unless would These would not rise to that cost to to trip Conformance in my opinion so

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I just point out mr. Greenwood. It is as a

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concern

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problem for the existing business that they have That wouldn't be allowed to make an improvement Can you give me an example other than the painting or is that a hard question for me to be asking? I mean because An existing business really cannot be Kept from

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maintaining

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Their business to be aesthetically appealing to continue the business You can't let it just run down to the ground

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of Continuing to maintain the building without being required to follow this if this gets passed

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You're you're right maintenance is a tricky word maintenance is not referenced in the ordinance so it is

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in and this is this would the only way to document this is

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painting a wall and The city's not going to know about ‸ and ask how much

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sherwin-williams

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you put on the wall there so So it's renovations it's expansion. It's the combination thereof um So the maintenance is Is not expressly that term is not

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a permit triggers Some of the points that this ordinance is bringing up

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related to the ordinance. So without without triggering the need for a building permit, We would the city would have no way of of knowing if you were tripping this or not it would

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It would

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it would be when you go to make structural changes that the building official needs to review

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the business like he is even if this is passed, other than uh Doing things like maintaining it, keeping it painted and. The parking lot area continuing to maintain it and pave it and things like that They're able to continue being in business as they are Even if this gets passed.

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Yes.

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Okay. Thank you

[01:02:59] ▶ Play Speaker 14

Mr. Greenwood if I may.

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Yes,

[01:03:01] ▶ Play Speaker 14 + overlapping voice · overlapping voices

I would just like to point out that the code doesn't define what renovation is nor does it define what maintenance is ‸ Therein lies the rub one person's maintenance is another person's Renovation, you know if you have to go in and replace the old wiring in your building Is that maintenance because you're trying to keep it from burning down or is that a renovation because you're bringing the code the building up to code?

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:03:22–01:03:28 · unresolved: the words are not shown (unclear audio); listen to the recording

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Flag: a language review questioned the wording · 01:03:28–01:03:33 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:03:33] ▶ Play Speaker 6

addition to the building

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:03:34–01:03:36 · unresolved: the words are not shown (unclear audio); listen to the recording

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the electric. I think there's a big difference there

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Flag: a language review questioned the wording · 01:03:40–01:03:42 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:03:45] ▶ Play Speaker 14

Therein lies the rub that we're asking for some clarification on

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:03:50–01:03:54 · unresolved: the words are not shown (unclear audio); listen to the recording

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Any other questions?

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Flag: the recognizer flagged its own output · 01:03:57–01:03:59 · unresolved: the words are not shown (unclear audio); listen to the recording

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[01:03:59] ▶ Play Speaker 10 + overlapping voice · overlapping voices · Unclear audio

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There is

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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:04:01–01:04:04 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:04:04] ▶ Play Speaker 10 + overlapping voice

Thank you Relating in the nonconformities article for specifically for repairs and maintenance that I can

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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:04:13–01:04:15 · unresolved: the words are not shown (unclear audio); listen to the recording

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then I

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Well,

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I'd like to hear what the what

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she was getting ready to

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:04:20–01:04:23 · unresolved: the words are not shown (unclear audio); listen to the recording

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[01:04:23] ▶ Play Speaker 10 + overlapping voice · overlapping voices

navigate ‸ this, but um, uh I'll just read it aloud on any building devoted in whole or in part to any non-conforming use Ordinary repairs or repair of replacement of non-bearing walls fixtures wiring or plumbing may be done provided the cubic content Of the building as it existed at the time of passage or amendment shall not be increased

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Flag: a language review questioned the wording · 01:04:43–01:04:46 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:04:46] ▶ Play Speaker 10 + overlapping voice · overlapping voices

nothing in this ordinance shall be deemed to prevent the strengthening Or restoring to a safe condition of any building or part thereof declared declared to be unsafe by an official charged with protecting the public safety upon order of such official.

[01:05:00] ▶ Play Speaker 6 + overlapping voice · overlapping voices

Thank you. Did that answer maybe your question sir

[01:05:03] ▶ Play Speaker 14 + overlapping voice · overlapping voices

as long as we're clear that that type of work doesn't trigger this provision Right,

[01:05:08] ▶ Play Speaker 6

but that's what I wanted to bring this up Because you're not going to be perfect your tenant is not going to be prevented from continuing what they've been doing for all these years It's just when they do a major change then things change That's how this is in simple terms

[01:05:27] ▶ Play Speaker 14 + overlapping voice

And again, we didn't have a problem with the major definition

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because that's

Flag: words were replaced by a machine repair · 01:05:29–01:05:29 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:05:29] ▶ Play Speaker 14 + overlapping voice · overlapping voices

consistent across zoning ordinances It's the minor renovation that it's only applied to these properties

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‸ Continue what your business is their business is doing there now car sales or a car washing place and all that That's what the neighborhood really does not support

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Flag: a language review questioned the wording · 01:05:46–01:05:50 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:05:50] ▶ Play Speaker 6

diamond square as well Thank you

[01:05:54] ▶ Play Speaker 2

‸ Any other questions? Thank you, sir Our next speaker is uh mary sullick

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Okay

[01:06:09] ▶ Play Speaker 2

sounds good

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Thank you

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Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output; a language review questioned the wording · 01:06:15–01:06:20 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:06:20] ▶ Play Speaker 9 · Unclear audio

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:06:20–01:06:22 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:06:22] ▶ Play Speaker 9

in late and I apologize. This is just on the

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Flag: the recognizer flagged its own output · 01:06:25–01:06:27 · unresolved: the words are not shown (unclear audio); listen to the recording

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Flag: a language review questioned the wording · 01:06:28–01:06:31 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:06:31] ▶ Play Speaker 9

thurman. So I don't have to send that out And again, I was out of town this got bogged down. I apologize for the late delivery But there is summary information in that Mr. Erdman is opposed to this ordinance in total This is a situation that was created by the city back in 2010 The creation of this is unnecessary and there's no evidence provided to show it serves a public purpose in this area The comprehensive plan policies land development code and community development plan language All support motorist uses this ordinance is inconsistent with all of these plans and with your comprehensive plan It does not support in this area pedestrian friendly walkways

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Flag: a language review questioned the wording · 01:07:14–01:07:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:07:21] ▶ Play Speaker 9

Mixed use is supposed to be along the major transportation corridors Commercial parkway is to a main highway approach to the city types of use Are are intended to serve the motorist needs?

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Flag: a language review questioned the wording · 01:07:35–01:07:40 · unresolved: the words are not shown (unclear audio); listen to the recording

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disaster at this intersection and there has not been a traffic study to review it There has not been a business impact the traffic study would show that this would also have a business impact that this is a Not a good idea to have a starbucks there or even a food truck hall or a bank The coco cra redevelopment plans identifies commercial parkings parkway zoning district which this currently is As areas adjacent to major highway approaches to the city primarily directed along us-1 The types of uses and restrictions are intended to serve the needs of the motorist and provide an amenable impression to the city

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Flag: a language review questioned the wording · 01:08:19–01:08:21 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:08:23] ▶ Play Speaker 9

The city's intent to isolate just this area is contrary to the comp plan land development code

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:08:30–01:08:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:08:34] ▶ Play Speaker 9

Also, would you really want an assisted living facility at the busiest intersection in the county?

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Flag: a language review questioned the wording · 01:08:40–01:08:43 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:08:44] ▶ Play Speaker 9

That is also inconsistent was supposed to be what this was directed at and they've completely ignored the other inconsistencies between comp plan and zoning.

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Flag: a language review questioned the wording · 01:08:55–01:09:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:09:00] ▶ Play Speaker 9

government's public purpose for this zoning change ‸ This overlay creation is not a solution to cure the inconsistency created by the city All you need to do is have cp in the comp plan ordinance as I Suggested the last meeting we are here This overlay unnecessarily burdens and re-characterizes the arterial intersection affecting only 21 properties

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Flag: a language review questioned the wording · 01:09:23–01:09:25 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:09:26] ▶ Play Speaker 9

The city has not demonstrated without the creation of this overlay the property would not develop as mixed use Compact or pedestrian oriented this overlay is unnecessary and burdensome Mr urban has problems with the standards. We've provided a red line which was also provided to you You've got the busiest intersection in the county and you can only have an eight-foot sign and 46 feet or 48 feet That's too small. I asked them to look at asthma changes. They refused There's other problematic standards you're you're asking for they're going to have to tear down the buildings Also, you're creating non-conformities zoning is never intended to create non-conformities

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Flag: a language review questioned the wording · 01:10:05–01:10:07 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:10:07] ▶ Play Speaker 9

That's a basic planning law And the fact that they're doing that to me is um is very irregular, to say the least. So I do have a packet this was not the same packet I presented last time if I could hand that ‸ out They're just ordinances

[01:10:29] ▶ Play Speaker 1

and plan policies and things

[01:10:34] ▶ Play Speaker 9

Most of what I'm handing out are things that are in your 621 pages, which is a substantial amount of information for anyone to review Thank you

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Flag: a language review questioned the wording · 01:11:11–01:11:15 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:11:15] ▶ Play Speaker 9

zoning and what it was intended to do and what this property has been for a very very long time You're essentially changing the zoning on property owners who haven't asked their zoning to be changed It's actually reverse spot zoning in my opinion Page three is it that does have the new and used automobile automotive vehicles Which is what mr. Urban's property is he has a dealership license and a business occupational license

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Flag: a language review questioned the wording · 01:11:39–01:11:43 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:11:43] ▶ Play Speaker 9

use put that back in as a special exception at the very least Page four has the existing setbacks which are now being changed Page five it has the prohibited uses Of the new ordinance that shows number 10 on page six is what's being done at this property is no longer going to be allowed

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Flag: a language review questioned the wording · 01:12:04–01:12:07 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:12:07] ▶ Play Speaker 9

destroys this 1961 building they can't rebuild So you're making a non-conformity you could create financing problems. There's an

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intended

Flag: words were replaced by a machine repair · 01:12:15–01:12:15 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:12:16] ▶ Play Speaker 9

Consequences that hasn't been looked at all you have is a staff report with findings with very little analysis is how they got there And said this is what people want. It's not what's there. It's not how the land is developed.

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Flag: a language review questioned the wording · 01:12:27–01:12:29 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:12:30] ▶ Play Speaker 9

This came up in 2022. I

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Flag: a language review questioned the wording · 01:12:32–01:12:37 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:12:37] ▶ Play Speaker 9

represented by mary

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solik

Flag: words were replaced by a machine repair · 01:12:38–01:12:38 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:12:38] ▶ Play Speaker 9

here tonight This has been in existence for a long time this problem ‸ the city has chosen not to do anything about it Page nine is the comprehensive plan, your transportation. um And it says to minimize the impacts of increased traffic and activity levels

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Flag: the machine readings disagree here · 01:12:53–01:12:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:12:53] ▶ Play Speaker 9

residential The city seems to want residential at these four corners in the mixed use which makes no sense in this very busy intersection Page 10 was from the rvi workshop It was intended to create design standards for the quarter not take out uses and make it more difficult to redevelop or develop which they have done The four corners existing conditions on page 11 That's what's there And that's what your comprehensive plan tries to deal with is what's there and look at land development as it exists not to completely change land development

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Flag: a language review questioned the wording · 01:13:26–01:13:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:13:30] ▶ Play Speaker 9

property Page 10 or page 12. Sorry number three Location of buildings parking

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sidewalk,

Flag: words were replaced by a machine repair · 01:13:38–01:13:39 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

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and other infrastructure scale or encouraged level of walkability Again,

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you

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have

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Flag: a language review questioned the wording · 01:13:43–01:13:48 · unresolved: the words are not shown (unclear audio); listen to the recording

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industry coming north of here Those trains are going to increase substantially ‸ just

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framed

Flag: words were replaced by a machine repair · 01:13:51–01:13:51 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:13:51] ▶ Play Speaker 9

from a community meeting Where a bleach plant is coming in and they're going to be creating another 10 trips for trains a day coming through city of coco

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Flag: a language review questioned the wording · 01:13:59–01:14:03 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:14:03] ▶ Play Speaker 9

um Page 13 I did this three months ago. So some of this I don't actually remember on page 13 the

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Flag: a language review questioned the wording · 01:14:12–01:14:14 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:14:14] ▶ Play Speaker 9

I guess it just doesn't make any sense that this intersection is livable

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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:14:19–01:14:24 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:14:24] ▶ Play Speaker 9

property as he would like The last page and on page 15 this has been around a long time.

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Flag: a language review questioned the wording · 01:14:30–01:14:31 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:14:31] ▶ Play Speaker 9

I'm not going to read it It's a little levity, but that's how I see this Someone wants to take someone else's property and do

[01:14:36] ▶ Play Speaker 9 · Machine re-recognized

what

Flag: words were replaced by a machine repair · 01:14:36–01:14:36 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[01:14:36] ▶ Play Speaker 9

They want with it and not let them to do it and that does indeed violate the city's property rights element

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Flag: a language review questioned the wording · 01:14:44–01:14:47 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:14:48] ▶ Play Speaker 9

There's case law substantial case law in the state of florida

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:14:52–01:14:54 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:14:54] ▶ Play Speaker 9

be altered to the detriment of property owners unless the alteration bears some substantial relation to health Welfare or safety of the public? I have not seen that presented to you in any of the staff reports That this is going to be a health safety or welfare issue. This is a want of the public An ordinance that has no substantial relationship to health safety or welfare and imposes an oppressive individual burden on a property owner Which is not outweighed by the public need is unreasonable and arbitrary. There is no public need for this ordinance And this ordinance is um, it violates state law all over the place.

[01:15:30] ▶ Play Speaker 9 · Unclear audio

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Flag: a language review questioned the wording · 01:15:30–01:15:33 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:15:34] ▶ Play Speaker 9

And we would recommend that you not recommend adoption of this ordinance Thank you for your time

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All right, does anybody have any questions? Mr. Greenwood

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Um I don't know how i'm gonna ‸ put this um

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:15:56–01:15:58 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:15:56] ▶ Play Speaker 6 · Unclear audio

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[01:15:58] ▶ Play Speaker 6

piece of property And somebody wanted to place what for example the Erdman Company has And across the street what the other previous applicant We're dealing with properties that are already existing And this ordinance is not forcing the owners of the property that have current Uses on it not to be able to continue using it am I correct or not if they don't make any change? I need to establish this

[01:16:32] ▶ Play Speaker 9 + overlapping voice · overlapping voices

Well, it creates a non-conforming use which is contrary to zoning contrary to good policies

[01:16:39] ▶ Play Speaker 6 + overlapping voice · overlapping voices

And

[01:16:39] ▶ Play Speaker 9 + overlapping voice · overlapping voices

if it's turned down by a hurricane they can't rebuild

[01:16:42] ▶ Play Speaker 6

well I was leading up to that.

[01:16:44] ▶ Play Speaker 9

Yeah

[01:16:45] ▶ Play Speaker 6

If for example a hurricane came and really tore down the building

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Flag: a language review questioned the wording · 01:16:50–01:16:57 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:16:57] ▶ Play Speaker 6

the hurricane?

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Flag: a language review questioned the wording · 01:16:58–01:17:00 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:17:00] ▶ Play Speaker 6

in development Because if there was a disastrous storm I've never heard of somebody not being able to continue Rebuilding and re and continue using the property as it was before the hurricane am I incorrect about that? city attorney

[01:17:17] ▶ Play Speaker 13

No with non-conforming uses if it's destroyed the

[01:17:21] ▶ Play Speaker 13 · Machine re-recognized

property is

Flag: words were replaced by a machine repair · 01:17:21–01:17:21 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

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destroyed over a certain percentage Then you would have to come into conformity with the um with the exist or the newest code

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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:17:31–01:17:36 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:17:35] ▶ Play Speaker 13 · Unclear audio

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[01:17:36] ▶ Play Speaker 6

Is that what we're saying?

[01:17:38] ▶ Play Speaker 13

Yeah, I believe that's correct.

[01:17:39] ▶ Play Speaker 6

I'm not comfortable with that. I'm not used to hearing that because They're not creating another conf non-conformity. It is Again, it this is pre-existing And I don't see how this Ordinance affects the current property uses unless there's a major change like expandability, renovations, and now this hurricane thing, I'm going to want to get a little more information on that because I don't know.

[01:18:15] ▶ Play Attribution uncertain

[01:18:15] ▶ Play Speaker 6

just doesn't seem uh, I'm not used to that and I've been in the development business for years

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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:18:19–01:18:31 · unresolved: the words are not shown (unclear audio); listen to the recording

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[01:18:31] ▶ Play Speaker 8 + overlapping voice

across the country.

[01:18:31] ▶ Play Speaker 6 + overlapping voice

I mean, uh

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Flag: a language review questioned the wording · 01:18:33–01:18:41 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:18:41] ▶ Play Speaker 6 + overlapping voice · overlapping voices

a hurricane that ruins the building they're able to I mean, are we able to put that in as an exception that they can rebuild since there's a big concern about this? Because

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Flag: a language review questioned the wording · 01:18:53–01:18:58 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:18:58] ▶ Play Speaker 6 + overlapping voice

own it And they're running their business out of it They're not affected if this ordinance gets passed The only time I see it's affected is if a hurricane comes by

[01:19:11] ▶ Play Speaker 12 + overlapping voice

Sorry, it's not just a hurricane it could burn down someone could

[01:19:15] ▶ Play Speaker 12 + overlapping voice · overlapping voices · Unclear audio

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:19:15–01:19:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:19:17] ▶ Play Speaker 12 + overlapping voice

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Is this something that we can put in an amendment? Right, that's what I was asking

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I mean, it's if the question is to me, I mean, it's it's possible. I will say that

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there since 1990.

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This is a an extremely normal usual provision for non-conforming uses.

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Um, ‸ yeah It applies throughout the whole city

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It's I mean like I said, it's an extremely common provision in uh zoning codes

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I I agree it's

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i'm sorry for interrupting russell Maybe because this is such a unique situation we're talking about the major artery in cocoa That we might need to make this as an amendment for the concerns that if a hurricane or a fire or anything Major like that it allows them to repair what's there not enlarge And still be able to continue the visit and that might be a situation where it's strictly Something that is not what is the normal non-conformity guidelines for only these four parcels because it's so unique And we're trying to upgrade and better What's being seen at those locations? That the public has had a concern about and the only other thing I would add to that is the height of The new trees of 12 foot I was gonna lean on that too

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It's

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a bit of a slippery slope though ‸ For these four part these four corners why wouldn't it be allowed throughout the city and then

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You don't usually zone businesses out of existence

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But they could also go in and ask for a variance right to rebuild

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correct?

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No, no not under the current code I mean they've created a specific non-conformity Um, that's what i'm looking for It goes

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That's in this code and this code supersedes the rest of your code by the its terms Which i've also asked to be changed and was told no That it would defer to other codes to your non-conformity code, but they said staff said no

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Flag: a language review questioned the wording · 01:22:20–01:22:25 · unresolved: the words are not shown (unclear audio); listen to the recording

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we preface the use of your clients properties. And To that i'm still going to go back to my question and the question.

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asked the prior council before you

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We asked that the automobile What we asked automobile repair be put into a permitted use

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Flag: a language review questioned the wording · 01:22:55–01:23:01 · unresolved: the words are not shown (unclear audio); listen to the recording

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ag equipment and motor home sales and rentals Be put back in as a permitted use could be a special exception Retail automotive gasoline fuel sales as a standalone use and storage garage Those were the uses ‸ we

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Okay, thank

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you. Mr. Wheeler I meant to tell you earlier if you look on page 21 and then it continues on ‸ page 22

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page 21 to 22

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You said 21 going into 22 yeah

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down at the bottom where it says it actually says permitted uses but my understanding is these are actually the uses of that the landowners

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‸ Okay, let me look at that real quick. Yeah, those are the lists that um the landowners had Desired and were denied

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And that was a combination of all three of the landowners,

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right?

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I read my specific red lines,

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‸ okay, and and also and forgive me for my

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:24:25–01:24:30 · unresolved: the words are not shown (unclear audio); listen to the recording

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this comes this pile list these were also identifiable uh areas of business that were against the, when you guys had the meeting with the adjacent Diamond Square, correct? So was this list

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scrubbed

Flag: words were replaced by a machine repair · 01:24:47–01:24:47 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

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against the list that was provided in that community meeting? And

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Flag: a language review questioned the wording · 01:24:52–01:24:57 · unresolved: the words are not shown (unclear audio); listen to the recording

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correct

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Are you asking if the the list provided by the property owners that their redlined list?

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:25:05–01:25:07 · unresolved: the words are not shown (unclear audio); listen to the recording

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22 was this list uh scrubbed

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towards the uh community meeting that was had back in 2024.

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Flag: a language review questioned the wording · 01:25:16–01:25:21 · unresolved: the words are not shown (unclear audio); listen to the recording

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were going to be uh permitted

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I don't know that I have

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Okay, I can say that we got this list over the course of this summer 2025 and we had the community outreach spring, summer, 2024. So we did not have their list um At the time of the community outreach um ‸ I will also note that many of the requested uses by the property owners are not permitted today in the cp zoning district

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Flag: a language review questioned the wording · 01:25:58–01:26:05 · unresolved: the words are not shown (unclear audio); listen to the recording

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store and um fuel station or gas station with convenience or Those are permitted uses today in CP. All the car washes, auto auto sales are either not permitted or special exceptions but are not permitted by right today. So

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Flag: a language review questioned the wording · 01:26:20–01:26:26 · unresolved: the words are not shown (unclear audio); listen to the recording

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cp as it sits today Is is the gas station use? And um, the liquor store use i'll also note that we're not introducing the idea of us We're not saying it needs to be a starbucks

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know when we show a picture and talk about something that gets really specific But that's a permitted use today. You can have a starbucks on that corner today It would just look differently under these standards. So we're not adding that As a use it's allowed today. It's allowed after

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it is adopted. So

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Okay, thank you for that explanation

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Mr. Wheeler and I respond yes,

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ma'am

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I I have never seen a list of Prohibited uses generated from any public meetings.

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But the reason some of these uses were asked for is because they're making this more restrictive to build

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Flag: numbers, amounts, negation or names differ between the machine readings · 01:27:24–01:27:26 · unresolved: the words are not shown (unclear audio); listen to the recording

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buildings the setbacks the signs the trees Landscaping so that's why some of these were asked to one to be put in as permitted uses since this overall ordinance is way more restrictive than CP alone. And there's not a list to my knowledge of what people said we don't want I think they just put little stickers on what they did want

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I want to go back to an operative word that we use this restriction In terms of when we evaluate what that can mean in terms of where we're at at present If we take a cross section or a look across The area which we're

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you were also

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that have impact another community I'm going back to specifically the word restriction Are there not other feasible restrictions that dictate elevations that dictate design that dictate signage that dictate The scope of how a community is to look present and feel When you're engaging and approaching in those communities

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these properties but my property owner bought it in 2000 And now you're making the development standards more restrictive by what you can and can't build and what you have to build To make it more attractive for the general public versus for their particular business use So

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within the scope of your particular client with a particular property that i'm referencing and when my mindset Your client already has use of that property how your client chooses to use it that's up to To your client's discretion at this point the client can use it as an existing auto dealership or he can use it for I believe they said it was secondary use Because

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in that business at present so You said it and i'm just thinking as

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2000 because i'm i this is how i think Your client has opted not to do anything at present other than what he's already done So it's clearly evident in my mind that that's all that he intends to do so the outlook is is is not going to change

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if that's what your client wants because i continue to ask everyone What is it that you want

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He wants the rights he currently has to redevelop to the things that he can do now And also to pick

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‸ the

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‸ I'm being facetious in saying that but but

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And i drive through there on a recurring basis. There's no inevitable change and everyone

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i'm a strong believer in property rights i'm really trying to understand from from the perspective of the of these landowners What is the perceived notion as to what they Optimally will see we provided adequate timing we request that they go back and and and have a meeting to once again try to formulate a better idea And i'm still sitting here getting the same thing i got Three months ago

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Well because staff said we're not going to change that why would we do that this is what we want

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when you make property non-conforming I don't even know if you can get a loan on a non-conforming property

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Okay

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can you

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mean you can't buy a house that's non-conforming lenders won't lend on it But the point being is is your take you're saying this is all you can ever do and if

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And oh by the way if you want to make it more than 30 percent you're going to have to move it close to the building

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going to put in 12 foot trees you're going to have to do all this landscaping And it's just not fair to a property

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‸ Thank you

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All right our next yes

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again All right

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Yes

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Flag: a language review questioned the wording · 01:31:51–01:31:55 · unresolved: the words are not shown (unclear audio); listen to the recording

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I represent baskaya coco holdings They are the owner of the property on the southwest corner of the four corners intersection and it's the only vacant property That's out for discussion today And our position is pretty clear. We would like Just to have our property zoned cp. We'd like to have cp added as a use under the future land use designation And this overlay district to go away. That's what my clients want The mixed use future land use section of your comprehensive plan just references commercial uses. It doesn't have any restrictions on commercial uses. You can do all sorts of commercial uses under your comp plan

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with architecture and wayfinding at the entrance There's no restriction on commercial uses in the cra that governs this property And you know what my clients want high quality development on that property too. That's something that we can agree on But we have to deal with reality My clients purchased this property in two transactions in 2016 and 2017

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But it has a mixed use future land use designation We can't do anything on this property We've never been able to do anything on this property because the zoning and the future land use are inconsistent We are stuck prior to my coming on board.

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miss rizanka

Flag: words were replaced by a machine repair · 01:33:24–01:33:25 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

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Told you that she'd been hired by a potential user of that property the car wash folks ‸ And they tried to get a comp plan changed so they could do the car wash that got run out of town. When I came on board, I suggested to my clients Because the city hadn't done anything they hadn't brought the property into compliance File for a rezoning application. So we filed in december of 2023

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property

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and the clients could then say to potential buyers or users Hey, we're good to go. You can do the uses under cn So we filed that in december of 2023 we came to you we had a hearing in front of you But that's what finally kicked the city off to do something about this Then you got going on the visioning and you did your visioning hearing in June of 2024 we were about ready to go to city council on the rezoning hearing And the mayor convinced my clients to hold off because you were doing the visioning process My clients wanted to be cooperative see what the city was going to do

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We've never taken it to city council So When my clients were here last time I was not here at the meeting, but my clients were here

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a commercial. I mean a retail broker with colliers in south florida This is his business They've been trying to market this property all this time again

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We're not collecting any rent on that property. We're paying taxes We're not developers. We want to sell it. We want to lease it. We want to do something with it but we have to deal with reality. And The largest and I want you to focus on the reality a little bit right now The largest single landowner in the four corners district is the florida department of transportation That most of the land in that area Is roadway You have six lanes of traffic on us one You have four lanes of travel on 520 At the intersection of 520 and us one you have seven lanes on 520 There is an extraordinary amount of

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right-of-way

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on 520 on As it approaches us one from the west and continuing on to the east That road can be widened with an existing

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right-of-way

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The predominant land use in that intersection is a regional transportation network And that largest landowner's goal is to move as much traffic through those intersections As quickly and safely as possible

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You the city have no control over those roadways You don't control the driveway cuts

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The sidewalks that have to be in the right of way Or any utilities FDOT controls all of that That's reality The second thing that we need to address Is the extremely small parcel size in this area My client's property is 1.39 acres That's 60 000 square feet It's not much When you and we're going to start from scratch So we have to build that property we have to do storm water The general rule of thumb that is 30 of the site is going to be dedicated to storm water That leaves 40 000 square feet of area for ‸ building parking whatever There are a ton of uses on that list that would not fit on 1.39 acres

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Yeah, it's great. We can do four stories But we can't park four stories worth of uses on that property So the overlay list has a lot of really lovely nice ideas for uses But we also live in the real world and the reality is that

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They have to be the rents have to be high enough to cover the construction

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cost

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And the end users need to make money And there has to be enough parking to support the users And the demographics in the area have to be have to be sufficient to support the proposed uses My clients told you at the last hearing their marketing efforts on this property over the years And the only serious interest they've had over the years is

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we went down in flames and a gas and convenience store We don't really understand why a gas and convenience store has been villainized at this corner location First of all, it's the intersection of a state road and a u.s. Highway And that's exactly where you would expect to find a gas and convenience store where all that motoring traffic is around Gasoline is a product that most of us purchase regularly It's not a vice it can be legally sold to

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minors

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and most people consider it a necessity A c-store convenience store is just that you get gas you go pick up a loaf of bread a gallon of milk. There's no grocery around here it is

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for a grocery store so So We think it's villainized because most gas and convenience stores that you have seen or that you have in other locations in the community Have not been designed with care But it's possible to do so And in the rvi vision workshop The rvi presenter recognized the challenges that existing conditions have on the vision of the mixed-use corridor But suggested there were real world strategies including aesthetics that could deal with that Ms. Crespo showed you the pictures of the starbucks They came from that rvi workshop the very next slides in that rvi workshop which are

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Flag: a language review questioned the wording · 01:40:09–01:40:14 · unresolved: the words are not shown (unclear audio); listen to the recording

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I'll give you a moment to get there,

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that's in those pictures.

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they're at the intersection of fern creek and colonial I frequent that starbucks a lot I know exactly where this location is And those slides show that's that a gas and convenience store can be very nicely designed It can be walkable it can be designed just like the starbucks with the Frontage on the street with

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the

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nice kind of steps that go up and the pumps in the back

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you want high quality

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the setbacks all of these other things in your ordinance We don't have a problem with It's the uses we need to be able to do a use there That the market recognizes is feasible at that location and that is really appropriate for The the area that

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property It's not a mixed-use property It's a property that should be serving the automotive or the auto-oriented uses because that's where it's located That's the reality and we would ask that you simply amend your comp plan to allow cp as an existing zoning And toss this overlay district out The use ‸ restrictions the architectural standards are fine But just allow us all of the existing cp uses under your cp code

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Any questions?

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Okay

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I ask that you accept the staff's ‸ recommendation for this overlay. And I'd like to thank the staff in and taking into high consideration the Diamond Square community, as well as the City Council. uh This is a walkable community and has always been walkable and will continue to be walkable. And I think they've done an excellent job in bridging a gap that has been there for years and really creating a happy marriage, I believe. So I ask the staff that you

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thank

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you. Thank

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you, ma'am.

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two of the two easternmost corners, the smoke shop and

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The when we we finally, because you guys sent it back to the city manager, we finally got a meeting with the city manager. And when we

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that the city had received. And we said, you know, we've got the car dealership and we've got the smoke shop. We understand the challenges with having a smoke shop there. We were we were more than willing to concede one of our two uses. uh We understand that. And we said that's fine. We don't we aren't asking for a smoke shop in uh the new code. We did have an issue with the minor and major uh requirements on that permitting. There's nowhere else in the city that that has that at that level. these four parcels that they said that they they moved the minor from 15 to 30. there's still nowhere in the code in the city that has 30 percent of renovations triggering the upgrades to landscaping. That seemed terribly unfair to us as a property owner, because it creates something more restrictive and more punitive for our properties, which the other owners here are just it's four other parcels than is anywhere else in the city. All we wanted was to be treated fairly like everything else in the city and not have this minor requirement ‸ triggered at 30 percent of the property value. The only concessions and the only

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was to have that removed to match the rest of the city. so we were being treated equally to the rest of the city they didn't do that they moved it from 15 to 30. Then the only other request that I had was to change the to add in the single use of uh the car dealership which has been there and we would concede uh the smoke shop and we were denied on that. The entire reason that we asked for that is for the things that that you as a board have hit on.

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and we just want to continue to be able to do what we've been doing all this time. If I have a fire, if someone drives a dump truck through it, if an arsonist burns it to the ground under this, I will not be able to continue my thing, my my existing use because it

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The other thing that I find just generally troubling with this whole proposal is the the the

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of dollars on this planner. Everyone here has been seeing these beautiful, beautiful renderings of what the redevelopment is going to look like

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in this proposed zoning that supports it. they We all had to hire attorneys and spend lots of money to say, like, why this doesn't work.

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make me some more money, we would do it. But the market doesn't want any of those right now. you know And that's that's what we found troubling about is that, like, I just want to highlight that none of the owners are supporting any of this. And and we would if it, if I could put a Starbucks, if Starbucks wanted to go there, I ‸ would. So, I mean, the the two big concerns that I just want to highlight is if you do this i and and I'm hit by a catastrophe or something completely beyond my control, I lose my use. And I've done nothing but play by the rules and do what's asked me while I've been there. uh The part with the minor improvements, by making the minor improvements trigger all of the landscaping stuff in an unfair way to me that no one else in the,

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disincentivizes me doing renovations. And I would i would assume, given that the the gateway character of it, that the city would want to incentivize us doing

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renovation

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I mean,

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By triggering

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would be here supporting this if this incentivized the the stuff that things that were more valuable to us, but but it doesn't. And that's

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why

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that's why, uh you know, at least us, we don't support it because if if you want redevelopment, you you work with the owners and find stuff that that works. And this whole process has been the opposite of that. We work with lots of cities and boards, but um the fact that we didn't get a meeting with the city manager until y'all sent it back as a board and told them to meet with us kind of is how this whole process went from an owner standpoint.

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It's ultimately going to be their thing, their property. They're the ones that are going to determine how it gets used and redeveloped. And it just, that hasn't been how this process has gone. So, uh you know, I'm just asked we're asking that you uh do not recommend and and do not pass because if I do lose it to some, if something, cat my biggest concern is, is that if something catastrophic happens, um I no longer can continue to do my use and I've done, you know, I just want to be able to operate my, all i'm all we asked is that for the car dealership to be put in. We agreed. They said, take out RVs and the other stuff we're like fine, but you know, that we we weren't able to get that. So I know Marcus or

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um Thank you. Mr. Board. You, you've, um and I appreciate your candidacy. And ‸ as you've referenced, we did speak in in our prior engagement. um So i I did the liberty of at least taking a hard dive look into your

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transpired at these properties because your family, as you stated, is on these properties for many a season. And

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because I haven't seen anything happen from yesterday to today And I know that may not be the overarching concern, but I still go back to this ‸ humanistic perspective um as to what we can and cannot do. um The only other thing I'll reference um in terms of what we're looking at, and I'll get to my question um in terms of your, your properties specific um at this point in time, you have continued to operate uh the car dealership before then it was a car dealership. I, my mind doesn't extend beyond that. So I'll just leave it ‸ that because I know um it was, well, I can go all the way back to, I bought my, my first brand new car was at that same place when Hyundai owned it. So i

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months, so we can do the math on that. So I know what's been there, so it doesn't look like there has been any much effort towards getting outside of that. My my key focus is on your highway shop um in terms of of the overall look, appeal, feel, and business model that you've been trying to approach there. I it's i go back to the same

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property. Have you come to any new understanding of a proposed use outside of what it is that we currently see today for that property?

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those businesses. We don't operate either of those businesses. We are we are landlords who own the property and then we lease to

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Ms. Stewart.

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away, but keep

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try to get the car dealership put in as a use, the the city and staff would say, oh well, we have a mandate that that we can't do that, that it's got to be something else. And so I said, okay, that's fine. So I looked at the direction from

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limited four things. I want to say it was liquor store,

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The city council was very clear on what they wanted as prohibited uses. Car dealership was not a prohibited use. So I pressed the city on that and I said, okay, like,

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Help me understand this mandate because, you know, we're trying to come up with a solution and I need to know what my box is, you know, because i we we were used to working with people and, you know, you got to find out what's in bounds and what's in bounds And this, the mandate was very nebulous. I couldn't get an answer and I certainly couldn't find anything on the public record. The only thing I found on the public record was the direction of the city council saying no, uh no smoke shop, no liquor store. Maybe it was gas. It was, it wasn't used car lot because I, I, under if the mandate,

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the mandate that, that I was able to find did say that the city council mandated no use. Ultimately, this is going to go to the city council for vote. That's their mandate. It's

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I'm here to try and find a solution. So that's why I was like, I'm fine giving up one of my two uses. I just want to protect as a use the car lot, which I always have, because

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to be collaborative, but it didn't get me nowhere. so

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thank you

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Anybody else? Thank you, sir.

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Thank you.

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All right, is there anybody else in the public that would like to speak on this matter? okay I'll close it to the public and bring it back to the board. Staff, do we have anything further we'd like to discuss?

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i would Yes, ma'am. Yes, sir. uh

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Flag: a language review questioned the wording · 01:54:06–01:54:10 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:54:10] ▶ Play Speaker 6 + overlapping voice

the main problem that I'm hearing ‸ is from the current owners uh having what they have there now during a catastrophe like a storm or a fire or something like that. We might need to make an exception on that to protect what they have now. uh They keep the statement's been brought up many times that, oh well, we don't see it anywhere else in the city.

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[01:54:46] ▶ Play Speaker 6 + overlapping voice

it's it's different and unique because of what the public has been very strong on on what they feel would be the best use for this location. So that's why it's different. And I've seen other properties where the zoning requires this. And another property that doesn't allow it or, you know, it's it's different between the properties the way like what we're looking at now.

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[01:55:23] ▶ Play Speaker 6 + overlapping voice

what they have now, I think once that is addressed, then this ordinance is being presented to us um could pass because it can it solved the concerns of a lot of the current owners. And that's simplifying this whole uh presentation of the four corners. owners Because if we protect the current owners from losing what they have because of a hurricane or a fire and all that, we might want to consider that as an exception. But once the ordinance is passed,

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[01:56:13] ▶ Play Speaker 6 + overlapping voice

wanting to see in that location. So it tends to solve a lot of the concerns here, I think. That's just my opinion. I might be wrong. But if that concern about them not being able to continue what they've got

[01:56:27] ▶ Play Speaker 6 + overlapping voice · Machine re-recognized

has

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[01:56:29] ▶ Play Speaker 6 + overlapping voice

been really the main issue here, the other uh uses, I think that what their the staff is proposing here now, I think it's on board. I think a lot of people are have shown support for some of the uses that they've listed here and the uses they don't want to see there.

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[01:56:59] ▶ Play Speaker 6 + overlapping voice

to do with this new ordinance. that That's what is important here. We're not trying to go against the owners of the property. We're trying to satisfy the highest best use that the public would like to see. And

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[01:57:17] ▶ Play Speaker 6 + overlapping voice

receptive to that, that we're trying to do what would be the most appropriate thing for the location of these four properties. So I don't know how the rest of the board is, but I think that's the only part. I'd like to hear what the rest of the board says that

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[01:57:41] ▶ Play Speaker 6 + overlapping voice

‸ We've been working on this so long, we need to come to a decision. And I'm wondering if the board has the same outlook on protecting the current owners with their concern about not being able to continue

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what they're

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[01:57:55] ▶ Play Speaker 6 + overlapping voice · overlapping voices

doing without enlarging the non-conformity that they're going to be having if this gets passed. At least they know that they continue with what their current uses are. And then it will change if they ever want to sell it or if somebody else wants to develop there. That's where I'm leaning on and I'd like to hear what the rest of the board. I feel, I'll answer you myself. I'm

[01:58:20] ▶ Play Speaker 2 + overlapping voice · overlapping voices

feeling quite, quite, quite uh consciously split, to be fair. But I couldn't hear you. Consciously split. uh Because, because as a

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are a disgrace to a beautiful intersection. ‸ And, and, and that's fine. We can just name how long they've been owned by different people and who, who own them now and what kind of money some of those have behind them.

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[01:58:53] ▶ Play Speaker 2 + overlapping voice · overlapping voices

And so, gosh, i love, ‸ I'd love to see uh action to be taken. The other item is that that splits me further is

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Flag: a language review questioned the wording · 01:59:01–01:59:06 · unresolved: the words are not shown (unclear audio); listen to the recording

[01:59:06] ▶ Play Speaker 2 + overlapping voice

And my question then when they asked for an extension was, well, it looks like the city manager doesn't want some of these things to happen. What happens when they don't want to do them? Well, we just want a chance to talk. And what we got out of that was from the landowners, generally

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[01:59:23] ▶ Play Speaker 2 + overlapping voice

spot. ‸ Exactly what I was concerned was going to happen by waiting three months. I'm just saying for those of us who went through this already and um I respect that they're you know, i I do. I respect the concerns. So i'm I'm quite I'm quite split.

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[01:59:42] ▶ Play Speaker 1 + overlapping voice · overlapping voices

but to me personally, I see a much bigger issue. um I understand the property owners. They need to be dealt with fairly. But the city, I believe, living here and driving through that mess every day, I think the safety and the traffic needs to be the number one priority. I feel like as the city that there's got to be more power to solve the situation than this. I think the onus needs to be on us as boards to come up with ideas other than encroaching on a property owner and a use here. And what are they going to do there and inconsistent? I know those are important, but to me, the safety should be the number one priority. And maybe we need to partner with the Florida Department of Transportation. I don't see this as an individual property owner, city mayor, manager, one person. I see this as a much bigger issue, especially if it's going to continue to grow like Space Coast. The space industry that ‸ I work for is only going to be compounded even more, including your cruise ships. We're fighting on Patrick and Cape Canaveral every day. It's going to get a lot worse. So to me, I think the bigger issue has to include the whole city and transportation and whoever else, the city planners and utilities and

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[02:01:11] ▶ Play Speaker 1 + overlapping voice

of this equation. So to me, I'm not comfortable with anything that's being presented. I think there needs to be more work, feasibility, combined meetings before it comes to the board. That's just how I

[02:01:26] ▶ Play Speaker 2

So I disagree, and I understand the studies and requirements, but normally the studies are based on businesses coming in. And then the studies are usually held on the businesses coming in to come up with the the reasons for their business to be there.

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I get what you're saying. I do. I

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for a better representation of our city. uh

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but it's also the gateway into

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Village. uh It's heavily traversed. So i I see and I love uh what it wants to do,

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trying to put on the current owners.

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[02:02:15] ▶ Play Speaker 12

little bit Okay, so I understand the non-conformity that that this is creating for these business owners. When someone, when there's a a catastrophe and something needs to be tore down and rebuilt, the the city hasn't changed their designation to where they can't do that where they're doing that right now. So what I would ask, and this isn't probably the place to come up with the language,

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passes and they can talk about it and and the city can come up with some language, but the property owners should be protected in some manner of an existing building. And

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um And if something were to happen, if that business would be gone and and it would have to be rebuilt to to the standards right now that that we're talking about. i i I'm really struggling with with uh passing us with that burden put on the business owners. So I'm just looking for some type of compromise or protection for that the that business owner. I like the idea, the the the four corners. I like the presentation.

[02:03:37] ▶ Play Speaker 12 · Machine re-recognized

i'm

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[02:03:37] ▶ Play Speaker 12

just having a little heartache about this this one thing. what is what is What are your thoughts?

[02:03:49] ▶ Play Speaker 8

‸ Personally,

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to go. The aesthetic parts of it. My concern is the uses. um There are a couple of uses that they mentioned here tonight that I think are perfectly acceptable. I've seen those uh photographs in the last packet of the 7-Eleven, and i'm into Fern Park uh Colonial over there. And you can make a nice looking convenience store. um I remember how excited uh our city council was and our staff was when they built the Wawa. They tore that old Texaco down. um

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looking aesthetically pleasing uh service station on that corner. um That's my issue, is

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in my opinion. all

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right

[02:04:51] ▶ Play Speaker 2

And I have a question for staff, and that's, um so currently the they are sitting Commercial Parkway, but it is in, direct conflict with the mixed use uh for the for the future uh land use designation. Talking for the future,

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a, in an in

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improper state for the future land use designation. And for the mixed use and ‸ for mixed use there is no CP, if I saw that correctly, correct?

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um ‸ this is just, uh ‸ darned with some direction on what you're going to do when you do it. So, uh that's what I'm saying. It puts this in the tough spot, uh because it's not designated yet. And, uh the owners of the land that have no business have no chance of a business until it's settled. So we're just holding them up also.

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[02:05:46] ▶ Play Speaker 3 + overlapping voice

‸ Thank you, Chair. You reference something, and if you don't mind, I would like to, um ask, um either miss Solek or miss razanka because you, you both, I got, cut my little notes here. You both reference um the CP within the zoning in your presentations, and I made note of that. I just, I don't understand, and I just want to know for my own clarity before we move forward in this document that

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[02:06:13] ▶ Play Speaker 3 + overlapping voice · overlapping voices

handed out. if I don't know if you have it, if you can just look at what she, what was highlighted in it, um so that we can all be on one accord with that, um in terms of the CP zoning. And then the the last part there that she highlighted, um if someone could help me to just have a little bit of clarification for that. And I'll, and I'll be good to go. I'll be ready

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where it says for the, you, you both yourself and miss razanka both reference the CP usage within the code for these particular properties. Right. And you, you both reference that these would be applicable to your property ‸ to be moved forward instead of the overlay, correct?

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Correct. Okay.

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[02:07:07] ▶ Play Speaker 11 + overlapping voice · overlapping voices

It's just inconsistent with the future land use. so So we just want the future land use amendment change to go through to allow CP to be a consistent zoning with the future land

[02:07:18] ▶ Play Speaker 3 + overlapping voice · overlapping voices

use. Okay, so then in this in the

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[02:07:21] ▶ Play Speaker 3 + overlapping voice

confused. Like I said, I'm trying to learn here so I can try to do something right and reasonable. It says, furthermore, certain properties within the CRA are also subject to overlay zoning regulations. Okay,

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that's going to be a

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[02:07:47] ▶ Play Speaker 9

‸ Well, what ‸ what I would, this is just your code. So this is what your code says. So you already have ‸ future land use, which is inconsistent, which can easily be changed by putting it in the, and to

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into

[02:08:00] ▶ Play Speaker 9 + overlapping voice · overlapping voices

CP. Yeah, putting two letters into your table. Then you have a CRA zoning map. You have sub districts and you do have some overlays like that. I, which

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if the ‸ diamond square is an overlay or a sub district.

[02:08:15] ▶ Play Speaker 11 + overlapping voice · overlapping voices

That's in a different CRA. Yeah.

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[02:08:22] ▶ Play Speaker 9

So you're creating a new overlay.

[02:08:25] ▶ Play Speaker 3

‸ Okay. I just want,

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[02:08:30] ▶ Play Speaker 3

Well,

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this actually references existing.

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Yes,

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this is your existing code.

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Thank

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you. All right. Thank you. ‸ both ladies. I appreciate you.

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you turn

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[02:08:45] ▶ Play Speaker 2

could I ask you what the, the two statutes referenced, um earlier, from the state, when were those put in place?

[02:08:54] ▶ Play Speaker 13

Yeah. So, um primarily the, I think the property owners, various ones have presented kind of three different issues in terms of legality of the ordinances. um one is, uh SB 180, which was referenced. um SB 180 was just adopted in this last legislative session. um it prohibits all municipalities in Florida. From adopting more restrictive or burdensome comprehensive plan uh policies or amendments or land development regulations until october 2027. The, uh the, uh the uh legislation does not define what it means to be more restrictive or burdensome.

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[02:09:51] ▶ Play Speaker 13

city doesn't, you know,

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[02:09:58] ▶ Play Speaker 13

several reasons. One is that, you know, as it's been highlighted, currently, because of the um existing conflict between the future land use and zoning,

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[02:10:14] ▶ Play Speaker 13

the city is proposing, is providing a path to allow development to actually occur on the property. um Secondly, um there are uh uses which have been referenced that we have added into the overlay that were not permitted previously under CP. Those are highlighted in your staff report. um Also, I would note that we, the, the ordinance has relaxed set, that the setbacks, um has significantly um increased building height that is permitted on these properties.

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[02:11:01] ▶ Play Speaker 13

mixed use buildings. And, it has eliminated the maximum lot coverage requirement in the CP zoning district, which would have prohibited, uh currently, it's prohibited, um so that only, uh 40 of the site may have a building on it.

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[02:11:26] ▶ Play Speaker 13

more intense development to occur on the ‸ property. um certainly, the SB 180 law does not require the city to insert uses that are currently prohibited, which is many of them, as I think, in the staff report that have been highlighted, that were requested by the property owners are currently prohibited, under CP zoning. ‸ With regard to the, business impact estimates, um that was, I believe, maybe, a it's been in effect around a year or so. It is a law that basically, um requires all cities in the process of adopting any ordinance, ordinance not just land use ordinances, but any ordinance to uh

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to analyze

[02:12:22] ▶ Play Speaker 13

the impact of the ordinance on businesses, uh in their city,

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[02:12:36] ▶ Play Speaker 13

city has to prepare this business impact estimate before enactment of the ordinance occurs. um And we have to publish that on our website basically prior to uh advertising this um second reading of the ordinance before the city council. So at this time, you know, the city has not prepared a business impact estimate and is not required to at this time uh by by the state law.

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[02:13:10] ▶ Play Speaker 13

think they've raised the issue of the private property rights element in the ‸ city's comprehensive plan. um I want to say that was required to be done probably around 2022, something like that. um Every city had to add a private property rights element to their comprehensive plan, which

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[02:13:34] ▶ Play Speaker 13

But all that that does and,

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that we

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[02:13:49] ▶ Play Speaker 13

rights rights. It does not create new property rights or additional property rights. It just requires, you know, us to consider that, which we always do and always have done. So there's really nothing there that's new or required. um I think the only thing I else I would note uh is, you know, the the expert report that was submitted to everyone from Ms. Thurman. um She's obviously not here this evening, uh but I would say that uh experts are not permitted to testify by providing legal conclusions as to, you know, the legality of the city's ordinances. um And so to the extent that that includes opinions that the city has violated state law, those should not be considered by the board.

[02:14:39] ▶ Play Speaker 2

So. All right. Thank you. That's helpful. mrs Finley.

[02:14:44] ▶ Play Speaker 4

um Yeah. So

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I walk out my front door and that is my neighbor.

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[02:14:54] ▶ Play Speaker 4 + overlapping voice

I've had the

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Flag: numbers, amounts, negation or names differ between the machine readings · 02:14:55–02:14:58 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:14:58] ▶ Play Speaker 4 + overlapping voice

that needed to be trimmed off of my property line. And thank you. And I would, I feel very similar to ‸ chairman. uh

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Flag: a language review questioned the wording · 02:15:07–02:15:12 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:15:12] ▶ Play Speaker 4 + overlapping voice

coming from. And you're wanting your businesses to stay in place. And you're wanting to be treated like everyone else. I get that but on the other hand as a resident like at 3 a.m when cars are being unloaded i'm not the biggest fan of it, honestly. So part of me is like, yeah, let's change it so eventually that car dealership will be gone and I can sleep. But on the other hand, I understand you

[02:15:31] ▶ Play Speaker 4 + overlapping voice · Unclear audio

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Flag: the machine readings disagree here · 02:15:31–02:15:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:15:32] ▶ Play Speaker 4 + overlapping voice

like,

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Flag: a language review questioned the wording · 02:15:32–02:15:34 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:15:34] ▶ Play Speaker 4 + overlapping voice · overlapping voices

family, right? And at the end of the day, we also have to keep in mind safety and security and traffic and all of these things. But at the end of the day, it still has to go to the council. So we could say yes, we could say no today and the council could say no tomorrow and we're back right where we're starting, right? So, I mean, it's not a fun spot to be in. It's not a good spot to be in from either side of this panel. But at the end of the day, we have to look at what is going to grow our community. And at what point do we stop making exceptions? Because ‸ we make an exception for you all, then the next set of business owners who are around the corner, ‸ well, you did it for for

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Flag: a language review questioned the wording; numbers, amounts, negation or names differ between the machine readings · 02:16:15–02:16:17 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:16:17] ▶ Play Speaker 4 + overlapping voice

what about us? Like, at what point do we draw the line in the sand and say, this is our city, this is where we're trying to go, and this is where we see ourselves in 15, 20, 30, 50 years from now?

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Flag: a language review questioned the wording · 02:16:26–02:16:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:16:30] ▶ Play Speaker 4 + overlapping voice

I guess would be the question. Like, where do we say we don't want to grow anymore, we don't want to be competitive. I mean, we have the port who's actively a billion dollar industry and growing. We've got SpaceX, billion dollars and growing. We want to be competitive, right? We want to be able to everyone who works there lives here. And when they walk down the street or they go to the village, do I want to see a

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Flag: a language review questioned the wording · 02:16:58–02:17:03 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:17:03] ▶ Play Speaker 4 + overlapping voice

regularly on the other side? Like, at what point what do we weigh, I guess, you know? But again, it still has to go before the council. So whether we say yes or no tonight, you're still facing another yes or no. So we can talk in circles, but we are not the end all be all unfortunately. We don't hold that type of weight.

[02:17:28] ▶ Play Speaker 6 + overlapping voice

‸ yes sir In summary, and

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Flag: a language review questioned the wording · 02:17:33–02:17:36 · unresolved: the words are not shown (unclear audio); listen to the recording

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that it's important about safety and pedestrian usages and all that. And that's all taken ‸ consideration with

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Flag: a language review questioned the wording · 02:17:46–02:17:50 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:17:50] ▶ Play Speaker 6 + overlapping voice

they're going to have to get approvals because of what FDOT is planning on future expansions. So it's going to be reviewed whenever a person brings a permit to want to build on that property. uh And I feel that we've been, this has been long enough that we've been talking about this. And the biggest thing is what I said earlier, is I want to protect the current owners for them not being harmed, for something that we're hoping for in the future, just like the other young lady mentioned. I mean, this is for future growth and for us to look good

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Flag: a language review questioned the wording · 02:18:32–02:18:36 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:18:36] ▶ Play Speaker 6 + overlapping voice

that's happening to our city, which includes the new train that has now started

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Flag: a language review questioned the wording · 02:18:41–02:18:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:18:49] ▶ Play Speaker 6 + overlapping voice

to hear what the board, how they're going to react. So i'm I'm going to make a motion because I want to see what the board, how the board feels. So I'm going to make a motion that we approve this, but only with the amendment that if there's a hurricane damage or serious fire damages, that these non-conforming properties are able to rebuild so they don't lose their right to continue what they've got already. That protects the current owners, but it also helps us for the future. We shouldn't hurt our current owners right now because we're talking about a vision here. okay so my motion would be that we approve this that we uh amend it to allow the current property owners uh to continue the the the business if there is a uh hurricane or a fire or something devastating like that,

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Flag: a language review questioned the wording · 02:19:52–02:19:57 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:19:57] ▶ Play Speaker 6 + overlapping voice

wanted to do an expansion because that's not the issue. The issue was the fire or the hurricane or something devastating like that. In addition to that, uh I'd also like to add that we should have 12 foot at least trees for the property uh in addition

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Flag: a language review questioned the wording · 02:20:15–02:20:22 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:20:22] ▶ Play Speaker 6 + overlapping voice · overlapping voices

to move forward with this. There

[02:20:25] ▶ Play Speaker 2 + overlapping voice · overlapping voices

[02:20:25] ▶ Play Speaker 6

there is

[02:20:26] ▶ Play Speaker 2

a motion.

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a second. A second by

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Flag: a language review questioned the wording · 02:20:28–02:20:37 · unresolved: the words are not shown (unclear audio); listen to the recording

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amendment to an ordinance?

[02:20:42] ▶ Play Speaker 13

um I mean, it's feasible it's possible to do. um As I said earlier, it would be a very unusual exception on with regard to the non-conformities but if that's the recommendation of the board, it can be done.

[02:21:01] ▶ Play Speaker 15

Mr. Chair, I have a question. Yes, sir. So

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Flag: a language review questioned the wording · 02:21:04–02:21:08 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:21:09] ▶ Play Speaker 15

the smoke shop becomes a non-conforming use, and so the smoke shop is also included in that? It's existing, yes, sir.

[02:21:17] ▶ Play Speaker 6 + overlapping voice

And that is because it's already there. and if, in fact, in the future, the high spec use is going to change. In the future, they're probably going to want to do something else with that

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Flag: numbers, amounts, negation or names differ between the machine readings · 02:21:33–02:21:37 · unresolved: the words are not shown (unclear audio); listen to the recording

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[02:21:37] ▶ Play Speaker 15 + overlapping voice

the smoke shop is included in the in your non-conforming motion. Yes, sir. well

[02:21:44] ▶ Play Speaker 6 + overlapping voice · overlapping voices

yeah Yes, i I'll include that. that that's That's the motion. Discussion,

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Flag: a language review questioned the wording · 02:21:50–02:21:54 · unresolved: the words are not shown (unclear audio); listen to the recording

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I mean, if we're building motions, since we're just playing Monopoly here,

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Flag: a language review questioned the wording · 02:21:59–02:22:02 · unresolved: the words are not shown (unclear audio); listen to the recording

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[02:22:02] ▶ Play Speaker 4 + overlapping voice · overlapping voices

that's literally what we're doing. We're just essentially building a whole new ordinance that doesn't exist. So in that, can we say, hey, if we're going to allow you to keep it, it only stays this way while you own it. If that's the case,

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Flag: a language review questioned the wording · 02:22:15–02:22:18 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:22:18] ▶ Play Speaker 4 + overlapping voice

Because in regards to the Mike Erdman building, I've lived here for 33 years. It has not changed. And I've lived on [address], and it has not changed. So they're protecting their buildings, and nothing's changed. So, like, if you're going to create an ordinance to protect them, which is fine, there needs to be some caveats in

[02:22:44] ▶ Play Speaker 4 + overlapping voice · Machine re-recognized

there

Flag: words were replaced by a machine repair · 02:22:44–02:22:44 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:22:44] ▶ Play Speaker 4 + overlapping voice

Like, the city should still get something out of the bill. Like, you need to beautify your current standings, because

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Flag: a language review questioned the wording · 02:22:50–02:22:53 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:22:53] ▶ Play Speaker 4 + overlapping voice

Like, like that's kind of where this is going. Like, we're just building ‸ you know I

[02:23:03] ▶ Play Speaker 2

got you. Yeah, right now we're in discussion on the motion. So, Mr. Wheeler, did you want to say something?

[02:23:12] ▶ Play Speaker 3

I would just simply say that as the motion uh sits at present, I would not be ‸ in favor of that particular motion.

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Flag: a language review questioned the wording · 02:23:20–02:23:30 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:23:30] ▶ Play Speaker 3

it, I'm more inclined to look at the motion of accepting it in its original conception um Because I think what will ultimately happen, now that I've sat here and made my own qualitative reviews and thoughts about this, I think what will ultimately ‸ happen with these um property owners and and their overly wise counsel is that once this goes beyond this board and it goes on to

[02:24:01] ▶ Play Speaker 3 · Machine re-recognized

counsel

Flag: words were replaced by a machine repair · 02:24:01–02:24:01 · machine repair: words replaced where two further machine readings agreed (not checked by a person)

[02:24:01] ▶ Play Speaker 3

and then it goes on uh

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Flag: a language review questioned the wording · 02:24:03–02:24:05 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:24:05] ▶ Play Speaker 3

if that is to where it is to exist, um I'm inclined to believe that they will take the rightful course of actions to protect themselves beyond. So if that be the case, then let those parties deal with that.

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Flag: a language review questioned the wording · 02:24:20–02:24:23 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:24:23] ▶ Play Speaker 3

grasp and an element at present and what is within our element at present is what has been uh presented right

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Flag: numbers, amounts, negation or names differ between the machine readings · 02:24:31–02:24:35 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:24:36] ▶ Play Speaker 3

um which basically outlines the objective that we have been discussing for a number of seasons. And I will say this because I think it is resonated. This isn't the best pick. It's not the optimum pick. And no, I'm not. I'm not running down the road saying I'm in favor of the pick. um because what I think and what I believe is completely different than what we're, what we're approached with, but we have to make a decision. And we, we, ‸ gave them an opportunity to go back and do their level of due diligence. Now we must continue to do ours. And so, um I don't see any

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Flag: a language review questioned the wording · 02:25:12–02:25:14 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:25:14] ▶ Play Speaker 3

It is

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what

[02:25:15] ▶ Play Speaker 3

it is. And we can move on from there. So,

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Flag: numbers, amounts, negation or names differ between the machine readings · 02:25:19–02:25:19 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:25:19] ▶ Play Speaker 6 + overlapping voice · overlapping voices

can I ask you a question? ‸ Chairman. Can I ask you a question? and mr stone I think what you're telling me is that the, amendment that I'm bringing up, let the council take that position. You're saying that you're suggesting that we approve the way this was presented and let the council add the amendments once it gets presented to them,

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Flag: a language review questioned the wording · 02:25:46–02:25:49 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:25:49] ▶ Play Speaker 6 + overlapping voice

And even if council does not make

[02:25:50] ▶ Play Speaker 3 + overlapping voice · overlapping voices

any changes, um then

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Flag: a language review questioned the wording · 02:25:52–02:25:54 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:25:54] ▶ Play Speaker 3 + overlapping voice

and

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Flag: a language review questioned the wording · 02:25:55–02:25:57 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:25:57] ▶ Play Speaker 3 + overlapping voice

go to at that point. Mr.

[02:25:58] ▶ Play Speaker 6 + overlapping voice · overlapping voices

Chairman. Then let's call the question, see if it passes. And then hopefully we can make a new motion. If it doesn't pass, depending on the way the vote goes by the board to what mark had suggested. I

[02:26:13] ▶ Play Speaker 2 + overlapping voice

need some clarification myself. He just has to call the question.

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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:26:16–02:26:21 · unresolved: the words are not shown (unclear audio); listen to the recording

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[02:26:21] ▶ Play Speaker 1 + overlapping voice

you were, um that's okay, what you were amending, you're basically taking out that minimum

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Flag: numbers, amounts, negation or names differ between the machine readings · 02:26:26–02:26:32 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:26:32] ▶ Play Speaker 6

severe... Right,

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[02:26:38] ▶ Play Speaker 6

rebuild. If they have a catastrophe.

[02:26:42] ▶ Play Speaker 1

So maybe it just needs to be ‸ Let's let

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the council do that.

[02:26:47] ▶ Play Speaker 2

Yeah. And if I ‸ can add my three cents. Well, half a cent, my ‸ half ‸ cent. If I understand how this works in the first place, there's a a shop just down the street. We passed uh new uh ordinances. We we approved the uh moving on new audiences to council just a few months ago that would prevent a place like Hidden Level. It is non-conforming because it sells alcohol within 500 feet of a school.

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Flag: a language review questioned the wording · 02:27:12–02:27:16 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:27:16] ▶ Play Speaker 2

also damaged by that hurricane, ‸ as it stands, it could not come back as a non-conforming brewery.

[02:27:21] ▶ Play Speaker 6 + overlapping voice · overlapping voices

‸ I know

[02:27:23] ▶ Play Speaker 2

that, but I'm saying that's the problem with giving the exception, right? Is that just a block and a half down the street? That brewery cannot reopen as a non-conforming brewery.

[02:27:31] ▶ Play Speaker 15 + overlapping voice · overlapping voices

[02:27:31] ▶ Play Speaker 2 + overlapping voice · overlapping voices

that that's where my stance is on it, just to give it give it clarity. Okay. uh So the motion, I'm going to summarize it. You let me know if it's not correct. Okay. As it stands with a second. um Is for the uh the ordinance to be amended to allow uh severe disaster, it exists yeah existing structures hit by a disaster to be able to be rebuilt.

[02:27:56] ▶ Play Speaker 8 + overlapping voice · overlapping voices

Yes.

[02:27:56] ▶ Play Speaker 2 + overlapping voice · overlapping voices

And also uh to require 12 foot minimum trees uh if if placed for per the ordinances guidelines. That's just where everyone has the clarity of it. All right. So uh call the question. All in favor, please say aye. Aye.

[02:28:12] ▶ Play No voice detected

aye

[02:28:12] ▶ Play Speaker 2 + overlapping voice · overlapping voices

All opposed nay nay. ‸ Well. okay So the motion does not pass

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Flag: a language review questioned the wording · 02:28:20–02:28:20 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:28:20] ▶ Play Speaker 2 + overlapping voice

I hear it.

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That's correct.

[02:28:21] ▶ Play Speaker 2

All right. uh entertain another motion.

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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:28:27–02:28:45 · unresolved: the words are not shown (unclear audio); listen to the recording

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Flag: numbers, amounts, negation or names differ between the machine readings · 02:28:45–02:28:46 · unresolved: the words are not shown (unclear audio); listen to the recording

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Okay. Second by

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Flag: a language review questioned the wording · 02:28:47–02:28:49 · unresolved: the words are not shown (unclear audio); listen to the recording

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on, on this motion? Okay. All in favor of the motion. Say aye. Aye. aye Any opposed say ‸ nay.

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Okay.

[02:28:58] ▶ Play Speaker 2

The motion passes. Any questions? Do we need a account

[02:29:05] ▶ Play Speaker 13 + overlapping voice · overlapping voices

Yeah, can we do a roll call ‸ Roll

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call for the vote Miss Early.

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Okay, um

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[02:29:11] ▶ Play Speaker 7

board member Wheeler, how do you vote?

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Aye. Okay,

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board member

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Flag: numbers, amounts, negation or names differ between the machine readings · 02:29:18–02:29:23 · unresolved: the words are not shown (unclear audio); listen to the recording

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Board

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Thank you.

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Okay, so we'll move on to our next item, which is

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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:29:32–02:29:40 · unresolved: the words are not shown (unclear audio); listen to the recording

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‸ Does anybody need any uh break, brief break? Okay, i

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just

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want to make sure it was

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Flag: a language review questioned the wording; words the first reading may have missed; numbers, amounts, negation or names differ between the machine readings · 02:29:49–02:29:53 · unresolved: the words are not shown (unclear audio); listen to the recording

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This is a quick item in relation to the last one. This is really a housekeeping um amendment to the comprehensive plan to note the Four Corners Overlay District as an implementing district for uh ‸ in the mixed use category. So, we've you're familiar with the study area, familiar with um the intent here to have consistency between the zoning districts and the mixed use future land use category in this specific area. Currently, uh neither CP nor uh this overlay district are listed as um implementing districts for mixed use. So, this is simply to incorporate CP with the overlay over top of it as an implementing district for mixed use so that these properties can move forward with development underneath um the uh overlay district uh in concert with the uh ‸ CP zoning. So, it's really just a

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Flag: a language review questioned the wording · 02:31:00–02:31:01 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:31:01] ▶ Play Speaker 10

to the mixed use text. There's no change to allowable uses densities or intensities in the future land use category as it sits in the comprehensive plan. and

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then we'll move

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prove

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[02:31:12] ▶ Play Speaker 8

So, this this basically just codifies the motion that was faxed

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Flag: the recognizer flagged its own output; a language review questioned the wording; numbers, amounts, negation or names differ between the machine readings · 02:31:17–02:31:28 · unresolved: the words are not shown (unclear audio); listen to the recording

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my friend.

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Any discussion by the board members for the staff? Any questions for the staff? Okay, then we will open up to the public. public I'll go back to number one, uh uh

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[02:31:44] ▶ Play Speaker 14

again for the record, reiterating the same addressing all of that. uh Two quick points. One, um you know, the Senate Bill 180, it does specifically speak to you're not allowed to propose or adopt comp plan amendments as well, so just reiterating that for the record. I find the idea that this is not more restricted because we're giving you other uses, like my wife saying I'm not restricting your diet by not letting you eat steak because I'm giving you all the salad

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Flag: numbers, amounts, negation or names differ between the machine readings · 02:32:11–02:32:13 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:32:13] ▶ Play Speaker 14

I'm allowed to eat now, so this is a restriction on our use. It is a restriction under the comp plan. And the easiest fix for the whole use issue, and again, it wasn't the building specific that my client was looking to protect under the zoning ordinance. It was the use so that if the building got destroyed, they could rebuild their building to the new aesthetic standards, but keeping that one specific use. The easiest fix for this whole scenario that was created by the city's rezoning, creating the mixed use in 2010, is to simply make the the CP zoning an allowable use under the zoning district, or under this comp plan. And so that's what we're requesting tonight, and that it not be passed as a proposal obviously because of its conflict with senate bill 180. thank you

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thank you

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okay.

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yes

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[02:33:06] ▶ Play Speaker 2 + overlapping voice

exactly. I just want to make sure they get fair representation. sure Anybody? Okay. Thank you very much. All right. uh Again, number two is miss

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Flag: the machine readings disagree here · 02:33:16–02:33:16 · unresolved: the words are not shown (unclear audio); listen to the recording

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but we want to go to Kim.

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the last hearing a 17 page packet that I did not see included in your agenda packet. I don't know if you all have it or not. So um that was given to the city and as a part of the record moving forward. What is important in that package? Because at that time, I didn't have the

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Flag: a language review questioned the wording · 02:33:51–02:33:54 · unresolved: the words are not shown (unclear audio); listen to the recording

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because it's not on the city's website. But it did have the required elements and what should be in it and which was adopted directly by the city.

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was

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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:34:03–02:34:09 · unresolved: the words are not shown (unclear audio); listen to the recording

[02:34:09] ▶ Play Speaker 9

what miss ike said, this has not been analyzed by your staff, and it's not a simple, oh it's just ‸ it's just a thing. This is a very important, comprehensive plan, and I'm going to read it to you. It says the right of property owner to physically possess and control his or her interests in the property, including easements, leases, and mineral rights. The right of a property owner to use, maintain, develop, and improve his or her property for personal use, with use of any other person subject to state law and local ordinances. The right of property owners to privacy and to exclude others from the property to protect the owner's possessions and properties. And the right of the property owner to dispose of his property through sale or gift. The overlay district is going to make these properties non-conforming, which is going to make the difficult to dispose of, difficult to lease, difficult to give easements. And it is more restrictive. This is not necessary. Your staff report did not analyze this portion of your comprehensive plan. It has to meet this comprehensive plan amendment. Case law is very clear, and it's not been analyzed at all. I had asked you previously just to take out within PCF COD and just fix the CP, which should have been done in 2010 very least 2011.

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because we don't need another layer on all of these properties. Thank you.

[02:35:36] ▶ Play Speaker 2

Thank you. ‸ Everyone okay? Excuse me. Thank you.

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Mary

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Orlando, Florida, here on behalf of

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I would echo the comments made by the previous two Council. And then I would add that your your

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category states that it's intended to provide a mixture of residential, commercial office, recreational, and institutional uses along the major transportation

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Flag: numbers, amounts, negation or names differ between the machine readings · 02:36:10–02:36:14 · unresolved: the words are not shown (unclear audio); listen to the recording

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been talking about and

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The CP zoning, which is your commercial parkway zoning category, is the most consistent zoning category with the intent of the future land use um policy that I've just stated. And we would ask that you just put CP in there, take out the FCOD, and approve CP as a zoning category consistent with the future land use designation. Thank

[02:36:45] ▶ Play Speaker 2

you, ma'am. all right uh would mr chapman like uh no then

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else from the public stenographer no okay

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all

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right, then I will close it to the public and bring it back to the board. I'd

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like to make a motion.

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Yes, sir.

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That

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Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 02:37:17–02:38:03 · unresolved: the words are not shown (unclear audio); listen to the recording

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Flag: numbers, amounts, negation or names differ between the machine readings · 02:38:05–02:38:08 · unresolved: the words are not shown (unclear audio); listen to the recording

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Discussion on the motion. Yes ma'am.

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Flag: a language review questioned the wording · 02:38:11–02:38:16 · unresolved: the words are not shown (unclear audio); listen to the recording

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Can we say that?

[02:38:18] ▶ Play Speaker 2

That would be uh antithetical to the to the to the ordinance. We could uh uh in a different realm uh there could have been a motion motion to to approve the ordinance with that. Yes. Okay. Just to clarify. Any further discussion on the motion? All right. Call the motion into question. All in favor please say aye. Aye. Any opposed say nay.

[02:38:45] ▶ Play Speaker 3

Nay. Okay.

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‸ Do we have clarity or do we

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Flag: the machine readings disagree here; words the first reading may have missed · 02:38:48–02:38:57 · unresolved: the words are not shown (unclear audio); listen to the recording

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to item number five, our tree board.

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you Just in

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tree board?

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Finley, ‸ get your trees taken care of? Excellent.

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Number six is other business. Do we have any other business like to be discussed during this evening?

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until you all directed me to.

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meeting on the proposed ordinance from April 30th of this year. i

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think mr

[02:39:43] ▶ Play Speaker 15

Gabor was one of the invitees. ‸ Maybe not important to him to get the record correct, but i I do have him as one of the invitees off the top of my head. I don't know if he was at the meeting, but that was certainly before you all gave me the direction to go back and meet with

[02:39:58] ▶ Play No voice detected

them. Okay.

[02:39:59] ▶ Play Speaker 14 + overlapping voice

Thank you. ‸ And uh if I may real

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did try to get in. ‸ I'm not sure if

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in defense of your city manager on that issue. Thank

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you.

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the

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board did an update on

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how things are going with the two new projects

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project

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any new information on those projects

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so I

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think the the um for

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uh mixed use apartment building at the Bank of America site, um I think there's really not new anything new there. um They are, I'm not even sure if they've signed the agreement. yeah

[02:41:04] ▶ Play Speaker 15 + overlapping voice · overlapping voices

I don't

[02:41:05] ▶ Play Speaker 13 + overlapping voice · overlapping voices

believe they've signed the agreement yet, uh the development agreement, but as ‸ I stated last meeting, the timeline for them is they have at least, I want to say it was 18 months, I believe 18 months to even turn in an application. So they have not turned in any site plan applications or anything like that. yeah

[02:41:26] ▶ Play Speaker 8 + overlapping voice · overlapping voices

They're waiting for rates to go down.

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um ‸ On the hotel, uh they, you know, that they have entered into the redevelopment agreement with the CRA. um And the next step is for them to uh to submit a development agreement application. um I know that sounds a little complicated, but again, the reason for that is that the

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So they're sort of acting as an owner in in uh setting out the process of how that development would occur. But

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allow for the increased height that they are seeking um for the hotel. So part of what is happening now is that they're preparing all their submittals to uh try and obtain that development agreement to get that additional height. So that will come back to this board eventually. um And I ‸ we know what

[02:42:40] ▶ Play Speaker 8 + overlapping voice · overlapping voices

height they were seeking? Yeah.

[02:42:42] ▶ Play Speaker 13

I believe, yeah. So I believe it is the end of October that they have to submit those, those uh development agreement application um And they are seeking, they can seek up to eight stories. I believe they're only seeking seven. um So. All right. Hope that helps. Sounds

[02:43:04] ▶ Play Speaker 2

good. Now, congratulations to city manager

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hopefully, digging, digging out there, but

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congratulations

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I know that. So congratulations to you all. Hey, uh if I can just say one ‸ last thing, uh you know, a controversial debater was, was unfortunately harmed today and passed away. And I just want to say how important, how much I enjoy people who disagree, and that's okay. In fact, debate's the most important thing for humanity. So uh I just want to say that out loud. you know Thank you, everybody. Thanks you're not always having the same opinion. If I wanted the same thing I'd look in the mirror.

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Right?

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So I just wanted to put that out

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does. uh Our next meeting date is i don't have a calendar in

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front

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of me ‸ it's not written down it's

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october 1st uh 6 p.m at

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Thank

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you very much, ma'am. All right. uh Motion to adjourn. Move to adjourn. Any second? Second. Second from

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Have a good evening.

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I promise. It was not a, you know...

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concerns were very

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it That's what I'm saying.

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[02:44:53] ▶ Play Speaker 2 · Unclear audio

[unclear audio — 0:01 ▶]

Transcript revision built 2026-10-27T13:49:48 · 20,361 ordinary words, 5,175 in suspect passages, 67 machine re-recognized.

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