Built from the City's minutes records — no AI-written textBriefing final
The City's record
What the City's record shows
Built only from the City's minutes (466_PZ_Reg_Minutes_10_04_2023.pdf). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
Listed present when the roll was taken: Justin Simpson, Michael Dobrin, Todd Anderson, Ron Chabot, Aleck Greenwood, Wesley Park, Marcus Wheeler
(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.)
Also listed as present (staff and other roles): Mike Blake (Mayor), Lorraine Koss (Councilwoman), Stockton Whitten (City Manager), Kristin Eick (Board Attorney), Stacey Hopper (City Planner), Lori Chabot (Recording Secretary)
Named on at least one ballot later in the meeting: ANDERSON, CHABOT, DOBRIN, GREENWOOD, PARK, SIMPSON, WHEELER (participation, which can differ from the roll: arrivals and departures are in the minutes' text)
Adopted actions (6)
to APPROVE THE OCTOBER 4, 2023 REGULAR MEETING AGENDA AS WRITTEN (moved by ANDERSON, seconded by DOBRIN); PASSED 7-0; ayes: SIMPSON, DOBRIN, ANDERSON, CHABOT, GREENWOOD, PARK, WHEELER; nays: none — the City's minutes, pp. 1–2
to APPROVE THE JULY 12, 2023 MINUTES AS WRITTEN (moved by CHABOT, seconded by ANDERSON); PASSED 7-0; ayes: SIMPSON, DOBRIN, ANDERSON, CHABOT, GREENWOOD, PARK, WHEELER; nays: none — the City's minutes, pp. 1–2
to APPROVE THE AUGUST 16, 2023 MINUTES AS WRITTEN (moved by CHABOT, seconded by DOBRIN); PASSED 7-0; ayes: SIMPSON, DOBRIN, ANDERSON, CHABOT, GREENWOOD, PARK, WHEELER; nays: none — the City's minutes, pp. 1–2
to RECOMMEND APPROVAL regarding the proposed Land Development Code Amendment to Appendix A, Article XI, Section 22 of the Zoning Ordinance of the City of Cocoa to allow Large Scale Commercial/Mixed-Use Buildings on certain properties within the Cocoa Waterfront Overlay District (moved by GREENWOOD, seconded by PARK); PASSED 7-0; ayes: SIMPSON, DOBRIN, ANDERSON, PARK, CHABOT, GREENWOOD, WHEELER; nays: none — the City's minutes, p. 7
to RECOMMEND approval of Ordinance 20-2023 as presented. is requesting that the Tree Board/P&Z consider an amendment of the Land Development Code Appendix A, Zoning, Article XIII, Section 22 of the Zoning Ordinance of the City of Cocoa to amend its tree preservation and replacement requirements, to … (moved by ANDERSON, seconded by PARK); PASSED 7-0; ayes: SIMPSON, DOBRIN, ANDERSON, PARK, CHABOT, GREENWOOD, WHEELER; nays: none — the City's minutes, p. 9; the vote on p. 10
to RECOMMEND the tree be removed to reduce the future damage and risk to the driveway and water meter (moved by PARK, seconded by WHEELER); PASSED 7-0; ayes: SIMPSON, DOBRIN, ANDERSON, PARK, CHABOT, GREENWOOD, WHEELER; nays: none — the City's minutes, p. 12
Agenda (the City's wording)
The City's agenda for this meeting is on file (PZ_Reg_Agenda_10_04_2023), but its item list has not been read reliably by machine yet, so no outline is shown.
Transcript Partial transcript
Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have
not been checked against the audio, so words, numbers and names can be misheard.
It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's
minutes do that (above).
A time links to its passage, and “Copy link” copies that link. No recording can be started from here.
150 suspect passage(s) marked in place; inspection incomplete: language review.
How this transcript was made. New machine transcription of the whole recording, with 11 voices separated from the audio.
8 short machine repair(s) (8 word(s)) are labelled in place, with the original words beside them: an ordinary word was replaced only where two further machine readings agreed on a different one.
Checks run on this transcript: the recognizer's own warning signs and whether a voice was detected where the words are. Not completed: language review.
A second, independent machine reading was compared with it word by word: the same words for 93.3% of 7,323 content words.
Dotted words (169 places) are ordinary wording differences: hover or tap to see the other reading.
150 passages (23% of the words) are marked suspect: their words are not shown ("unclear audio") and support no statement: numbers, amounts, negation or names differ; the language review questioned them; or no voice was detected there.
Agreement between two machine readings is not verification.
Inspection is incomplete: language review.
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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change. This shows the CL, which will allow for the commercial mixed-use large building type. This will allow for redevelopment to occur at a height of eight stories, conditioned upon City Council approval based with the developer's agreement based on a number of factors. There's no entitlement vesting with this type of change, and it's also not a change to the zoning district whatsoever. As we ‸ outlined in the staff report, there's need justification for change that is analyzed as well as relationship of the amendment to the comp plan. And
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building is a much more functionally appropriate. The city will also maintain an interest in the type of development because a developer's agreement is required for these types of projects. The CRA plan details that this is a medium priority project, and therefore would happen, the
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that the request falls in compliance with. It is not contrary to the goals and objectives with the Waterfront Master Plan, the CRA plan, or the comp plan, mixed use future landings policies, which allow up to 125 dwelling units per acre. And then as far as the second finding, there is no change to
that the request is in compliance with also provided is the height comparison of other mixed use projects that have been reviewed in the past by the city, as
two photographs of or photograph of two existing projects that are nine stories and eight stories tall, respectively, within the Cocoa Village area. And then the existing map showing the different height allowances currently permitted by the overlay district of note is the waterfront area, which is directly to the east of the subject property, which allows the eight story buildings. Staff is recommending approval of the item and respectfully requests approval,
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where it showed the way that the proposed hotel rendered. There you go. This is a very important point because this was brought up during a council meeting. And there were some people that were really concerned about the height. And to me it just it relates to what's in the area already. For some reason people are reacting to eight stories that it's going to look like 13, 14 or higher. And we've already got condos of that height. Now ‸ this rendering showing how it relates to the tower that's next to it is a very good example. And then during that public meeting I brought up the height of this building. And also of the a lot of people are surprised but the village of playhouse height. And you can verify this very easily by just driving over the bridge. And noticing how relative they are. So when I hear people showing a concern about eight stories it doesn't seem like it has weight to the argument. Because it's not going against what's already there. ‸ I take it more of a prevention for new development to come here when people take that position. As it was stated earlier by the other board members. ‸ This has been a vacant property for years. This is located in the main downtown ‸ area. And I really feel that not only is this a good professional project. Especially for the people that are interested in doing this. And I'm under the opinion they're the same group that have already built the luxury rentals on 524. Am I correct? 28? Yeah.
it's up. But ‸ it's vertical. But it's the same group, right, sir? Yes, sir. And again, the construction that they're doing is quality construction at that location. The other example supporting my position, why there should not be a height concern, is your other display where it showed the Oleander Point. Yeah. Okay. A lot of people don't realize that the 21 Riverside Drive, that's nine stories, not counting the roof. And then you've got at Whitley Bay, which is on the other side where the water tower is. I ‸ think you had a screen on that one, too.
There we go. There we go. Take a look at that. Now, the first condos that people got afraid of was the condos my family built right under the water tower in this picture. And all the concerns that were made was then. That was before any of these others were built. And I
at this here. And I don't see, I don't think that I've heard anybody on the board show that either. So rather than drag this out any further, I definitely support this project. And I'm prepared to make a motion to approve it based on the staff recommendation. Second. But I just don't understand why there's so much concern about height when we just went over all this. So I'd like to hear from the rest of
Serious interest? Yes. My only concern, and ‸ I've said it before, but it's not your doing. But property just lies unused for five years, seven years. Now we look seven years down the road. It's just something I've never gotten used to here. Where we could grow old and the next generation gets around to doing something.
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It does seem like it takes a while. But when you're in the multimillions that are in the 20 mark or whatever, that's a major undertaking. That's a lot of money. And that's why you will see partners, partnerships created in order to get a project, for example, like this done. It's
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can go on the property appraisers' website. I think the three to seven years was probably the three to seven years from the original or from the 2008 Cocoa Waterfront Master Plan. We
years there was probably dated. Although we didn't make any of those dates. But we're here with a developer who's going to in the near future submit a site plan.
Development. Development. Yeah, next we go to a development agreement. And so we're anticipating that that will happen real soon there. So there's a real project, real developer, and a real purchase of the property.
Just once again, I want to reopen to the public. Make sure there are still no more questions on this topic. None heard. If we have no further discussion for the board, I already have one motion. I already heard a second.
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for discussion and negotiation of development agreements related to arbor mitigation contribution fees. The city also desires to incentivize maturity tree preservation and discourage clear cutting in the hopes that developers will design around trees as much as possible. This ordinance furthers on and off site tree preservation, enhanced tree preservation and replacement standards, specifies new arbor mitigation fees, and increases fines for non-compliance. This is a summary of the changes to the tree ‸ preservation.
There are now preservation credits for trees being preserved. There are new tree replacement standards. There is new a new revised arbor mitigation policy, and there are enhanced penalties in a section for land clearing or removal of trees without a permit. So, to summarize the minimum tree planting requirements, the new minimum tree planting requirements have been created that deal with both the minimum number and the minimum size of trees for new construction.
fund. ‸ preservation credits for trees being preserved. So this now is specifies that it provides for one tree credit for ‸ every 12 inches. That's diameter at breast height of trees preserved on site. The tree preservation credits offer an increase offered are increased for specimen trees over 24 inches up to a maximum of 12 credits in order to encourage the retention of specimen trees and for developers to design around them.
the city or conveyed to the city lands on lands that are conveyed to the city. Three additional tree credits will be provided for each tree as defined within this ordinance within areas above areas above one half acre. The tree replacement standards. This proposes a system in which a certain number of trees must be replaced for each tree removed depending upon the size of the tree removed as opposed to the current per inch system. And in this system the number of overall trees and consequently the tree canopy is intended to be preserved even if the number of inches is not immediately replaced.
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requirement for three quotes. Fees will be determined per inch or by one reasonable professional quote from an arborist for trees not to be replaced. The
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for failure to obtain a tree removal permit. To come into compliance, a property owner will have to obtain an after the fact tree removal permit. This will require a tree survey, which may need to be created based on historical data. and compliance with tree replacement and mitigation fees as would normally apply moreover additional aggregated fines are imposed per
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tree as permitted by florida law and additional fines are clarified for land clearing ‸ by the one quarter acre and lastly for failure to abide by a cease and desist order in summary this ordinance furthers on and off-site tree preservation enhanced tree preservation and replacement standards specifies new arbor mitigation fees and increases fines to ensure compliance the end
after review of the information that you provided it does state within the context of this that the ordinance introduced introduces a tree preservation credit system and clarifies the tree replacement standards then goes on to clarify it says that city staff has worked closely with the city arborist in preparation of the proposed ordinance so that last sentence there when it says work closely with the city arborist was there another uh municipality that was used in comparison for these um proposed credit system proposed um replacement standards and in conjunction with that the mitigation funding fees
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Yes. ‸ So they really kind of vary per a different topic that you just brought up. Right. For for, let's say, example, the arbor mitigation fees. We we did do searches there were they were broader than just a couple of cities. We did searches across municode, which publishes codes for cities all over Florida. So we did do quite a bit of comparison with other cities and in preparing this.
at quite a few different cities, including Jacksonville. And I can I can pull up a couple of other ones. We looked at quite a few, but the average was about $100 per inch, which is what we included in this ordinance. Jacksonville's was the lowest at 85.
a non specimen tree. So I can tell the board that we like I said, we looked at quite a few ordinances and and codes for each kind of component that we that we're changing in terms of the tree report. So,
or sorry, the preservation credits that you asked about the 12 inch giving a credit, which is essentially equivalent to one one tree. And basically reducing the replacement
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because it can be easily calculated. You know, all of the trees can kind of be added up as opposed to each tree having to be ‸ surveyed and, you know, determine the width. And so we were able to apply the credits in
Yeah. Yeah. And good point. So also I'll make the point that the previous ordinance did not offer credits for preserving trees, except for in the circumstance that you have a specimen tree that's over 42 inches in width, which is a very large tree. So the vast majority of cases, you know, developers would submit an application and even if they were trying to preserve areas that were that have, you know, quite a bit of trees on the property, they wouldn't receive any credit for doing that. And so that was one of the objectives in trying to include these tree preservation credits, the system in this amendment.
I just have a couple of questions. Of course, I like what I'm reading because it's about saving trees and everybody knows my position about trees. But there's a couple of points that I wanted to discuss with staff, if I could, where it pertains to getting that area of this ordinance where it's pertaining to getting approval from
I think you're referring to that would be in the case that trees are removed without obtaining a tree removal permit or a development permit application or development permit approval. Excuse me.
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rid of junk cars and things like that I really feel that because this is an area that is very strong for development, that instead of the code enforcement board reviewing or making, creating fines or trying to understand whether somebody has crossed the line or not I really feel that it should be the building the chief building inspector, not the code enforcement representative. The building, the code enforcement
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we're dealing with people that are licensed and very familiar with how the laws need to be addressed. and it's above and beyond what the code enforcement board I think does and that would be one thing I would highly recommend that we change the language on that I do like also the fact that
far as designating the trees that need to be replaced I don't know and I need the boards input on this we discussed also at the last meeting under open discussion, the difference between laurel oaks and live oaks. Laurel oaks have a very short lifespan. Live
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that be brought in to this ordinance as an intention leaning more on salvaging live oaks rather than laurel oaks that's what I'd like to know if the board if I if you all think that this is beginning to be a little too complicated or to leave it like it is I was just curious what the
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I mean if we're gonna if you're trying to specify exactly which trees and which species of a tree and that that kind of complicates I'm talking about oak trees only well I know but it still kind of complicates the situation further which I was afraid you're gonna ‸ say that which
you know I mean the ordinance right now as proposed, is a very good clarification on how we're moving forward. the other, my personal opinion, to address your other concern about the code enforcement not being the ones to enforce this, it's
‸ keep in mind we're there's a difference between code enforcement and the code enforcement board that's true too okay when I talk about code enforcement we're talking about the board
of their gets brought to light everything that's happened within that month by their code enforcement officers and everything else, which is where the, person who is being fined can come forward and say well this is what I thought or blah, blah, blah, blah. That's basically their way of coming before City Council ‸ and saying well I didn't understand or such and such such and such I see that's where they can come forward and say well I ‸ can't afford $5,000
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being the fact that they have four districts or four zones I should say and four persons you know dedicated to each zone I haven't really seen anybody else going out patrolling zones. Now, ‸ there are other departments that go out and actively patrol throughout the
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don't think we're gonna ‸ ask them to get involved I don't see any of the departments willing to take this on and yes the verbiage does specifically say code enforcement board but as I brought up Code Enforcement Board also meets once a month. And that's where people that are being fined by code enforcement can come forward and say well I didn't know or this is how I'm gonna ‸ pay or whatever they need to do and code
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removal permit. So then that means information about being careful not to do something would also be in the building department. But this is sort of like after the fact.
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a rush okay I just had one clarification what Alec you were talking about the difference between trees that last 25 30 years versus trees that last 100 years I'm not privy to the information when it talks about tree credits and then it says specimen trees what I think that clarifies the difference that you're referring to, does it not?
there is a difference in the number of credits, preservation credits that you can receive. And we do give extra credits for any specimen tree above 24, but
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It references that the Florida statute will tell you what residential property and unacceptable risk, uh is defined as that Florida statute only, uh recognizes the residential property definition.
poses an unacceptable risk if removal is the only means of practically mitigating its risk risk below moderate as determined by the tree risk assessment procedures outlined in Best Management Practices Tree Risk Assessment,
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it just wasn't as uh said as a definition in the statute, right? So the fact that we call it is that. Look, I'm not a lawyer. I just read like one. um You don't
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the end real quick. But um maybe then subsection uh E, of course, again, uh 3A. It references uh except as provided in subsections E2 and E4C. I cannot find an E4C. I
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Yeah, thank you. That's all I have for administrative items. uh On a personal note, I will say that uh to anybody who listens oror sees this, I learned a lot uh with these changes. um You know, if you have a problem with the way that this, that the trees are regulated in the city, I think you can have the same problem I have, which is to,
heck being paid with good intentions, because it basically forces everyone to have a arborist come out before you cut down a tree. And I won't say that I did it, but I know someone who cut down a tree, and it had a giant hole in the middle of it, and I don't need an arborist to tell me that a tree with a giant hole is not good for my property. So thank you to the state for ensuring that uh everyone follows the same rules. I get what they want. Again, it's uh it's paved with good intentions. I just think it's ridiculous. um myMy deepest concern actually with these changes is exactly that. ‸ Like, will this be levied? i
uh ‸ Yeah, so that's my only that's my deepest concern with this, uh is that I could see. I'd i'd love to see wording that that would specify what we really want, which is companies that are coming in here building things, building developments.
No problem. Is there uh any further discussion from ‸ the board? is there anybody in the public that would like to speak on this? Anybody in the audience that would like to speak on this? Okay. okay None heard. um I believe it was very well put together. I do believe it's a step in the correct direction. so
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So because it is the city's tree, essentially, that is why we're bringing this to you. Even though it is on a piece of property, it's officially the city's tree because it's in the right of way okay
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one concern is that the extra force of the lever arm of the tree causes a bending movement in the trunk or the base the tree is located on the right of way just on the owner's side of the sidewalk approximately 25 feet from the center of the road it is the most prominent tree in the area meaning that it is fully exposed to the wind.
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the tree is about 25 years old and is currently in good health based on a scale of poor, fair, good and excellent defects and conditions of concern. The tree looks to be in good health and there are no major deficits. A major could be concern would be the overall live crown ratio, potentially causing stress to the lower half of the tree. the primary concern The primary concern.
roots are encompassing around the water meter and the lines, causing a leak and potentially a financial burden. Additionally, the extra stress of the uplifting uplifted canopy puts an increased amount of leverage on the trunk and base of the tree. ‸ risk of failure. The likelihood of The
In this picture, you can see the water meter. It's the little tiny brown box with the blue dot on it. Do you see it? The likelihood of causing damage to the driveway is eminent The
the water meter needs to be replaced from damage and the driveway continues to lift, causing a hazard. Re-inspection. If option two is selected, then this tree should be re-inspected every two years unless additional health or safety concerns come up that would warrant more frequent attention. Tree inspection services should be performed by an ISA, Tree Risk Assessment Qualified Arborist, skilled in the science of tree risk assessment. If removal is approved, the proposed tree
continued driveway lifting and associated risk, as well as prevent root encroachment into the water meter. The City Arborist has recommended that a tree be replaced, that this tree be replaced with
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to be more inclined to say no and there are some ways that we could potentially save it because it is a live oak. It is in very good health and these are the type of trees, live oaks, where you can actually remove the roots that ‸ are causing the problem without having to wait or inspect it every year or two. And that could be roots to be removed around the water meter as
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this is one of the better trees that City of Cocoa is known for. We have a tremendous amount of live oaks and I'm glad that this board voted for us when I presented it and it was during open discussion as a matter of fact that we present this to
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are removed that we had a discussion how much it would cost just to correct the lifted part of the sidewalk and pour another sidewalk in that area around the tree. That was another solution in other areas that this was brought up. But I just thought I'd share this to see what the rest of the board feels now that I've shared it with everyone. Thank you.
Yeah, I concur with Alec. I typically vote no on removal of trees. A couple of things that concern me about this particular item. When they trim these oak trees and I see it all over the place. They trim them up so high they really make an unstable. ‸ The trees are not supposed to look like this. You know, they're supposed to have a canopy. They're supposed to be weighted down. It actually makes them stronger. When ‸ you use this thing looks like it could blow over any 68 mile an hour wind. But
Flag: words only one machine reading has (possibly not said) · 01:11:09–01:11:16 · unresolved: the words are not shown (unclear audio); listen to the recording
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Well, I got the same problem with my house. ‸ Beautiful tree and last year's hurricane has pushed it further and further over. ‸ And now in the last year, I would say the driveway is up more than two inches higher than it was when I bought the house a year ago. So, and I want to keep the tree. But I looked at it today and I'm going to have to take the tree out. So I'm sympathetic with the homeowner.
This, you know, if this tree in my yard falls on my cars, you know, I'm out a lot of money. So, I love trees, but when it comes to common sense, it seems like a common sense thing to remove this tree. Well, I'm glad
Flag: the recognized words and the detected speech do not line up · 01:12:23–01:12:46 · gap filled by a machine re-reading (not checked by a person)
this board felt was important to do. And I agree with you ‸ and I sympathize and bottom line. I'm just like you and I think Todd. I really don't want to see the tree go, but I think we have no choice on this. And the only reason that I feel a little more comfortable is because of the replacement requirement that we established when we brought the designation back. Thank you.
Flag: numbers, amounts, negation or names differ between the machine readings · 01:13:32–01:13:37 · 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; a language review questioned the wording · 01:14:15–01:14:23 · unresolved: the words are not shown (unclear audio); listen to the recording
major renovations on 520 and we got grass areas there and I'm not familiar enough with what the landscaping is going to be. I kind of think it's not just going to be grass areas on 520 where we're narrowing the street. I'm wondering if, uh,
Flag: numbers, amounts, negation or names differ between the machine readings · 01:14:47–01:14:53 · 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; words only one machine reading has (possibly not said); a language review questioned the wording · 01:15:12–01:15:28 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: words were replaced by a machine repair · 01:15:35–01:15:35 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
Flag: numbers, amounts, negation or names differ between the machine readings · 01:16:03–01:16:08 · 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 · 01:16:53–01:16:56 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: words only one machine reading has (possibly not said); the recognizer flagged its own output; a language review questioned the wording · 01:17:10–01:17:20 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output; a language review questioned the wording · 01:17:20–01:17:25 · unresolved: the words are not shown (unclear audio); listen to the recording