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In
Jesus' name we pray. Amen. Amen.
I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and
justice for all.
Please
be seated.
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Yes, Mayor Blake. Present, ma'am. Deputy Mayor Hearn. Yeah. Council Member Dial. Here. Council Member Goins. Here. Council Member Koss. Here. Assistant City Attorney Ike. Here. And City Manager Whitten.
Thank
you.
Thank you very much, Mrs. Shealy, Madam Clerk. Moving on to regular meeting of the agenda for September the 27th, I would like to amend the following. Please, ma'am. Please,
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Remove item number 3-1 as they will do their presentation on October the 11th, day after Columbus Day, 2022.
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and
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item number 7-2. Approval of resolution number 2022-099, declaring a state of emergency due to Hurricane Ian. And also
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And amend the order of public hearing 6-3 and 6-4. We want to swap them.
We
must do the flume first in order to address the item, which is 6.3. So 6.3 will flip with 6.4. Chair,
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a second on this motion I just made.
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Okay. We have a second
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Aye.
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have it unanimously. Okay. Proceeding on
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to ‸ motion to approve
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7, 7.2 and 7.3, 8.1 to 8.5.
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I was present in the meeting. I did vote. I think what happened was they duplicated ‸ Deputy Mayor Hearn's name. I'd also
like.
And my motion to include accepting the minutes for September 13th with these modifications. Again, my name was not included in 2.1 and 2.2 and
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So I think that was just an error.
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Is that my understanding? Is that what you're telling me, ma'am? Yes. Thank you. Okay. We have a motion
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going to call for question.
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I
have it unanimously. Proceeding on to
award the
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presentations. In a, not applicable. Moving on to delegations. Okay. I have cards here.
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Thank you. Thank you.
Madam
City Clerk.
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I want to speak on it anyway. Um, there is a dire need for police officers, more police officers. We have to understand that between the next three to five years, we will have an influx of people to our city, to our community. We have affordable housing on US 1. We got condos on 524, 520. And these influx of people will go to our banks, our schools, our parks, and everywhere in Cocoa. So the strain is going to be tremendous on our police force. And we all want to feel everyone in this room wants to feel safe and that when they call, they feel that they're going to get help. They have hope that the police will be there in a timely manner. But as it stands, we are nowhere near equipped to handle what's coming our way. So I'm asking that everybody look at the bigger picture. My main concern and my passion, and I'll keep going ‸ and going and asking the same question at every city council meeting. I want a dedicated cold case unit to solve or work homicides, victims for the parents or relatives to feel that we matter. In my case, my son was murdered December 9th at 3am. I hear that resonate in my voice every day that comes to me. But I might not get resolution in my case, but
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saying, well, neither they're
not
going to do anything.
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We can't sit back and say, well, the police got to do this and we got to get this done. We as a community, all of us need to get in this fight together.
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beautiful place to live, grow and play. Thank you.
Thank
you.
Sorry for your loss. Mr. Todd Riggs, sir.
Good evening. Todd Riggs,
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I have a question more than a comment about item four on the consent agenda.
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Hunt. It looks to me to be at Dixon and Indian River Drive. ‸ What's the dollars and the scope associated with this work?
Yeah, the dollars and scope are within the agenda item. So
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That's a grant
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Indian River Drive and include some water quality aspects.
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It's for full design ‸ of the project.
Sorry, the last piece you said?
The scope's within the agenda item. It's for full design of that project. Okay. So this has already been approved. The last time we were here, we just didn't have the task order approved yet. Okay.
And how many inches are you raising the
rope?
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That will
be determined through the final design.
Okay.
But range anywhere from...
So we applied for it and received a grant to fund part of this?
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Obviously, prices went up. So we have half of that covered. So $40,000 will be grant funded. The other $80,000 will be city funded.
And will all of the work be along the street?
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More than likely,
we'll need to get some easements to do some work. It'll just...it depends on the actual design itself. Okay. More to come. Thank you.
Can I ask your question, sir?
Yes.
Thank you, sir. Okay. Name of the cards before we proceed on to the next agenda item. Saying none, we proceed to consent agenda items. What are the wishes of council? Motion to approve. We have a motion on the floor by Councilman Dowell. Second by the chair. Chair's going to call the question. All in favor say aye. Aye. Any nays?
Ayes have it unanimously. Proceeding on to item number 6-1. Approval of the resolution 2022-089 adopting
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Cocoa fiscal year 2023 commencing on October the 1st 2022 and ending on September the 30th 2023 which represents an increase of 7.79% over the rollback rate of 5.9866.
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the presentation so we can see it a
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second and final public hearing for the adoption of the final millage rate and final budget
so
at this meeting as as you stated mr. mayor we're gonna ‸ adopt two resolution resolutions. One for the final adoption of the millage rate and then secondarily for the adoption of the final budget I will note at this time that this presentation is essentially the same presentation that we had previously for at our last meeting for the tentative millage rate and the tentative budget.
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can do it
oh there it is okay it's just delayed okay so we'll do this in two steps as we did at the previous meeting
Let me know when you want to advance. ‸ Okay.
So go ahead and advance, please. So this slide is showing you where we are relative to the other cities in the county next slide please we do need to make a public announcement that the
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correctly and
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at this time I need a motion and a vote by council to adopt the millage rate
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can you state the percentage increase over the rollback rate for the hearing
okay
I
can't read that
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thank
you
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for mrs. Bowman from council
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to the public please come forward and state your name and your address for us please You have 180 seconds to elaborate on this particular item here that's presented before us. going once going twice chair line closes portion to the public and return it to Council. What are the wishes of Council? motion
to approve We
have a motion on the floor by Deputy
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Second by Councilman Goins.
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aye. aye any nays aye say it unanimously proceeding on to the next item
for
tonight item number six dash two first
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I'm
sorry I'm sorry six dash one that was the first reading of the
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the Second portion to the item
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adopting the final budget and CIP
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and ending in September 30th 2023 Mrs. Bowman man thank
you Mr. Mayor You can proceed to the next slide. So this is the proposed final budget. ‸ a little bit hard to read, but you can see what the total budget is for the city citywide on this slide. next slide please Looking at general funds specifically, so we'll go through a couple of of the major funds very quickly for ‸ general fund next slide This ‸ slide highlights the different revenue sources that we have that needs to be done in accordance with the state chart of accounts. So that's the categories for the revenue that we have. next slide next
slide
and then this slide is showing you what the revenues are by those categories again we have to
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do a meaningful comparison by department one fiscal year against the other.
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we have a policy governing how we use reserves so that's just a statement making sure that
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informed on what general fund reserves can be used for. Next slide. Then in the water and sewer fund, we'll take a look at that. And so the next slide is depicting what the budget is for the water and sewer fund revenue. And again, the whole budget has to be balanced with the revenues versus expenditures. So on the next slide, you'll see what the expenditures are by division for the water and sewer fund. And again, noting any changes and making that adjustment for the salary differences. next slide And then we also look at stormwater because that's another one of our major funds. And so the stormwater revenue by funding sources on this particular slide. next slide please And then this is depicting what the stormwater budget is by category again for the expenditures. next slide So this is a public hearing again, second part of the hearing, which is the adoption of the final budget for fiscal year 2223.
it does include
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first reading of an
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Florida
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article 10 of the zoning
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schedule of fees,
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and expenses to ‸ be paid to the City
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receipt of planning and zoning related applications contained therein, providing for ‸ the adoption of future planning and zoning fee schedules by resolution 22-570. The Planning and Zoning Board recommended the request an action for the approval to the City Council at the September the 7th 2022 meeting at the planning and zoning board
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of the city of Cocoa Brevard County Florida
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Cocoa repealing the schedule of fees charges, and expenses to be paid to the city upon receipt of planning and zoning related applications contained therein,
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providing for the repeal of prior inconsistent ordinances and resolutions, severability, and an effective
date
thank you very much ma'am okay mr. p.w.
yours
truly mr. Smith yeah
this one's pretty straightforward. This is really just a way for us to recoup our fees when it comes to ‸ planning and land development review for the staff time and everything that's put into that. There's a fee schedule up on the presentation here. It just kind of shows you where
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for your your typical site plan. We're gonna
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plus some additional fees, and that brings us right in the range of some of our surrounding communities. So this will come back for ‸ second reading, hopefully in the
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okay ‸ we have any questions for mr. bryant on council Saying none, Chair, would like to close this portion to Council and open to the public. please come forward and state your name on the first reading of this ordinance 13-2022.
going
once, going twice. Chair, would like to close this portion to the public and returning to council.
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motion to approve we have
a motion
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on the floor by councilman Dow
second
second by deputy mayor
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gonna ‸ call the question. All in favor by saying aye. Aye. Any nays?
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item number four first through the
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reading of the future land use map. room amendment consistent with the Florida State statute chapter 162 excuse me 163 to change the future land use map. that designation of one parcel of real property totaling
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coco
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very low density residential to the city of cocoa
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units per acre
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and after concluding with the public hearing and listening to the public count excuse me comment, the city planning and zoning board voted to recommend denial of the application of the city council. The city's planning zoning board did not cite or refer to any particular criteria in section 15-10 and 15-11 of the city co-government comprehensive plan amendments not being satisfied when making the recommendation to deny the
application
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All right.
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of the City of Cocoa, Brevard County, Florida, relating to comprehensive planning, amending the future land use map for one parcel of real
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0.59 acres, more or less, located southwest of the intersection of North Indian River Drive
and
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Dixon Boulevard,
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changing
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to medium density residential, provided that the maximum density allowable shall be eight dwelling units per acre, providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the comprehensive plan, severability and an effective date and legal status of the plan amendment. ‸ Mayor,
I
do have a couple of introductory comments.
Yes,
ma'am. As covered in the staff report, the Planning and Zoning Board held a public hearing on September 7, 2022.
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spoke to voice some concerns regarding drainage of the project, what they perceived to be adverse impacts to aesthetic and historic, the aesthetic and historic charm of Indian River Drive and wildlife on the property, specifically ‸ foxes. Mr. Greenwood spoke
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those concerns. The Planning and Zoning Board voted to recommend denial of the future land use amendment application, but in doing so, they did not identify which of the criteria were not met. There are nine different criteria that the council must apply when determining whether to approve or deny the application. And the public ‸ works director will go over several of those criteria with you. However, I would advise the council not to follow the Planning and Zoning Board's recommendation of denial without identifying which of the criteria are not satisfied and how. So I will turn it back to you, Mayor.
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If we have to give our own interpretation of ‸ approval or denial, is that my understanding? ‸ Is that what you're saying? If we approve it or disapprove it?
Yeah, you, the, as always.
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Yes, as always, the council needs to determine whether you would approve or deny, um, applying the criteria that are contained in the staff report. So, um, like I said, there are nine of them and I believe Brian's going to discuss some of those for you.
Uh,
yes, you would need to apply the criteria and identify which
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If, if, if the, uh, if the council decides to, uh, deny the application.
And that's, okay, we have two of them.
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set the policy, please. The ground rules. Public debate by individual speakers from the audience on public hearing items shall be limited to three minutes. Applicants or representatives of recognized groups with special interests in a matter shall be limited to ten minutes. And a total debate on a single issue shall be limited to 30 minutes. Only one presentation per person item shall be allowed.
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I just want to officially read this in to the minutes. That's verbatim. Everyone has a chance to expound on. ‸ But if you, they're an applicant or a representative, you have ten minutes. Do we understand? Just shake your head so then I know it's clear and concise. Thank you very much for your cooperation. ‸ Councilwoman Cox, ma'am.
Yeah,
I
was just asking her to point out where these were in the agenda for everyone.
Yes, they are contained in the agenda item on pages two through, um, two through six.
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You can see them, them numbered as one through nine.
Right. I got the, well, if I, may I ask something?
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four of eight. Now I could be wrong.
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see two of eight, three of eight, four of eight, and five of eight. And then I look at eight, nine, six of eight. So, ‸ am I correct?
Yes.
All right. Just in case you do have this documentation in your ‸ presence, you can see what we have here. Okay. Any other questions?
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Are you finished, ma'am? Yes. Thank you very much, ma'am. All right. So, this one will apply to this item and the following item. Yes, ma'am. Yes, sir. Okay. Mr.
I'm sorry, Mayor. It will apply to this item only. Only? Okay.
Because of the
plumb?
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Okay. Yes. All right. Mr. Smith, sir.
Yes. So, I'll give a brief overview of the property itself and then touch on some of those items in a summary form.
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The applicant is also the owner and carry properties. So, parcel and the parcel size. Then, this is an applicant driven request as well. And upon the decision of this, if approved, as well as
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they would proceed with their site plan application. This is the general location of the parcel. So, you can see it's on Dixon Boulevard near Indian River Drive. And there's a small conceptual plan attached to it with a four unit type apartment building. The current land use is very low density residential and the proposed use would be medium density residential, which would allow for the multifamily use here. The next item, this, the zoning district pertains to, if this was approved, the next item is requesting that it go from residential estate to the RU 215, which allows for that multifamily use.
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It's a vacant parcel and it's in the district 2 area.
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the property uses around it. You see immediately surrounding it, you have additional very low density residential along Indian River Drive. You've got some low density residential as well. And then as you kind of work your way up towards US 1, you've got your multifamily as well as your commercial uses in that area. This is going to be the summary. It's not going to hit every single item within the analysis.
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So, this is a summarized version of those requirements. And really, one of the key ones here, there's no budgetary impact to the city on the actual change here. When you're coming into the land use, there's no issue with the consistency of the land use itself. It's kind of a logical transition as you run down Dixon. You've already got the multifamily use there and you'd have a lesser multifamily use as you run into
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of the city.
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In terms of level of service, that's obviously a big review when you're talking about flume changes because of the intensity of it.
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So, the level of service standards when it comes to our utilities, stormwater, solid waste, and transportation, would have very, very minimal impacts.
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We found those to be pretty minimal, mainly due to the size.
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So, your impact to the environment and your natural and historical resources would be pretty minimal for a parcel that size. Sorry. The next one, is it compatible with the surrounding neighborhoods and land use? I touched on that a little bit. So, across the street, you've already got a three-acre area that's approved for multifamily. A portion of that's built out. I believe it's about 53 units. The portion directly across is also zoned for single-family homes. And as you kind of work your way up Dixon Boulevard, you kind of, you get towards US 1, you start to transition into commercial. As you're coming down into Indian River Drive, you have that transition into a smaller, intense use until you hit the residential ‸ estate uses. And that follows a lot of just general planning maps and future land use maps as you transition to single-family homes.
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You're really only going from one allowable unit to four allowable units.
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how intense it's going to be next to a single-family area.
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of the comp plan.
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And that basically just requires that there's more attention when we're talking about flood zones, sea level rise, as well as low impact development. So, ‸ when we come into the site plan review, those will be taken into account and they'll be encouraged to implement those types of things. Standard low impact development and climate resistant type technologies as they build out the area. The one part of the comp plan when it refers to the coastal high hazard area is that increases in density are generally discouraged. This is an increase in density, but the net increase once again is only three units. ‸ The reason for this is they don't, you don't want to have a higher, a very high intensity use moving into areas that want to be more coastally resilient in terms of sea level rise and things like that. You don't want to be detrimental to your evacuation times. Once again, at three units, there's not much of a change there that it's going to be a big impact. The flood zone impact would be the same as if you ‸ were ‸ going to build a single family home as you are this. The same requirements exist for compensatory storage.
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into account regardless of what goes there as well. And like I said, the evacuation time, you're going from one unit to four units.
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out of the area for what we're dealing with over the next few days in that type of situation.
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So as mentioned, the PNZ board recommended denial to this to the city council. They did fail to cite any specific reason for that denial related to the specific sections ‸ within the city code.
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All of those are typically reviewed as part of the site plan approval. So they'll have to look at they'll have to do wetlands review, geotechnical reports. Typically, you do your environmental assessments on these types of properties as well.
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There was also a concern about the building height,
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or not. The building height maximum is 35 feet.
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well. So that that doesn't change here. Based on that and the requirements within the city code, staff does recommend that the city council approve the
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map amendment. If you all have any questions available
for that.
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Yeah, well, a couple of things. First of all,
this
is medium density is 15 dwelling units per acre, right?
Yes.
Okay. So and this is a future land use change. But this is not for 15 dwelling units per acre, specifically this property.
It will have a maximum of four units.
Okay. Okay. That's the proposed, right?
Yes.
Okay. I'm
sorry. I do ‸ want to respond to that.
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density of eight dwelling units per acre. So 15 dwelling units an acre is the maximum in the medium density residential feature land use. But again, the ordinance is prepared such that it is limiting it to eight dwelling units an acre. Okay.
But when we have the 15 dwelling units per acre, because when this first came up and I spoke with staff about it, the biggest reason they could give me for approving this was the consistency with the medium density that is further west and on the north side of the street. In other words, the biggest justification for this was that medium density already exists on that block even though it is further up and on the other side. Even though this particular property is surrounded, has no, is not connected to the, what is it, very low density. It is all connected to very low density, right? This property, when you put that map up, this property is connected on all sides by very low density.
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Directly across the street and to the west.
Well, directly across it's connected,
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Okay. Which allows for two units, four units per acre.
I believe it's a little bit more than four. It's seven units per acre.
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very low is four. Mm-hmm.
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medium density. And the fact that the only reason that could be justified in this location was because medium density already existed. So once this exists as medium density, then it's easy to justify all the properties that are, or at least the properties west of it, could all go medium density as well. I mean, that would be, would be justifiable because now you have medium density on that side and that ‸ would, yeah.
So,
you know, I, I was at the planning and zoning meeting and I found it really interesting. It was the only meeting where citizens
or
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not citizens, but the board was actually queried on their reasons. And they
seemed
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to be reacting to the audience responses that they felt that it didn't fit into the neighborhood since it is all surrounded by the very low density.
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Yes. So as you go to, um, on Indian River Drive and then turn up Dixon, you have to go further west. Okay. Um, okay. And I just want to share one more thing in regard to, well, actually the consent agenda item. That's a part of our coastal flood management, right? The stormwater project that we have that we just approved. We received a grant.
Yes.
We're going to be putting up, um, a baffle box to capture stormwater, protect the lagoon, but also raising the road because we know that that sits in stormwater during, you know, I'm sure this week it'll be sitting in stormwater.
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it? Does it not become a bull?
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A lot of it's already a bull as it sits now. Okay.
So
but
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that'll be part of the design and those issues would be addressed. But anytime you elevate a roadway, that's going to be a concern as the surrounding properties.
Right.
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bottom of a very steep hill. So
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1, but drops down to the level of the lagoon. And that's why, you know, during storm seasons, it sits in water and those properties sit in water.
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and to storm surge. And if you could just, could you, the area they found when, and this is the Florida Central, is
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for us? They did an analysis. ‸ Rob, are you able to expand it so that we can see that middle one more?
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If you just make it bigger, because all I need to see is that middle map. So, well, first of all, there are three different areas that they identified, but the area that they thought was most impacted was at Dixon and Indian River Drive. And that was based on the FEMA flood maps, on the U.S. Corps of Engineers maps, on the NOAA maps. And this is what really drove us to make what could be when the end of this project is done, I think
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Our initial estimates, yeah. Right. That'll probably change once we get there.
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eight residents, additional residents in that area. But by changing the future land use map to medium density to 15 dwelling units per acre, we open it up, the other property up, to also becoming medium density and really increasing the overall density of this area that is very vulnerable to storm surge, sea level rise, and will be a big investment area for us as taxpayers in the future. And so the red there just represents the areas that they
determine
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I think, I don't know, was that the 2040 map? But at
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those have been very conservative and everything, all the changes that have happened as a result of climate change have come in sooner and higher than they estimated to begin with. So we do have some issues that we're addressing as a city.
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investment. Our stormwater management plan helps us do that. It helps us leverage federal and state dollars. But this is also an area ‸ that areas like this are where FEMA are buying up properties so that they're not developed so that you don't have the flooding and vulnerabilities. So I just want to point that out. And why I disagreed with the staff's recommendation. I don't think that was taken into account. ‸ Okay, that's all I have to say now.
Is that it, ma'am? Yes. Okay, we'll proceed in this order.
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anyone else would like to chime in on it from the ideas here, I'll give you that opportunity. Sir, yes, sir. It's
yours,
sir.
My only question was at the moment, if approved tonight, ‸ the medium density, would this set of precedents for the surrounding properties that they can build 15 dwellings, or could we,
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a
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unit for that area? Yes.
To limit the density to ‸ eight per acre?
Eight
per acre, correct.
I would, I think each application as it comes in would be reviewed individually, but I would imagine that consistency, you'd probably try to follow that as you work your way up. Gotcha. Okay. It would really depend on the lot size and things like that as well, though. But each application has to meet the criteria itself. Gotcha.
And just to add on to that, ‸ whether the amendment is compatible with surrounding neighborhoods and land use is one of the criteria. So if you were to change it, then looking at the map, you would, you know, you would look at that in terms of ‸ compatibility and the surrounding land use pattern.
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Either one. So as it is now, the max height is 35 feet.
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To what level if it changes? It
stays at 35 feet.
Oh,
it stays. ‸ Both of
those zoning categories, that's the maximum height for them.
Thank you. Go ahead,
sir.
One more concern. I've had residents reach out as well, and some of the concerns was that, you know, this could be a dwelling that's overshadowing the single-family homes on Indian River Drive. Is there currently houses that are about the height as this proposed project?
I'm not positive on that. I know there are some houses along Indian River Drive that are probably pretty close to that height, but I'm not sure immediately around that.
I
think the ‸ two immediately adjacent are probably not. They're much older homes. Okay.
Is that it, sir? Thanks, sir.
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Is there any way you can bring that map from Ms. Klaus had you bring up, please? Now, the red is the flooded area. It's been wet all my entire life. You got a little green. You see that gray. Right across from that gray is where this piece of property is going to be going, right across ‸ the
apartment complex.
If the apartment
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and I
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into the city with my piece of property, so we started touching the piece of property right across the street, which was the apartment complex,
it would be
granted in. So, being that
far up, the restoration project, I don't think it's
even
close to where that property's at,
and I don't see where the big difference
is to the fact the closest house on River Road is actually
around the corner of the person you always see, which is out on the riverside, because I call it the old Kershaw house,
and that's about 30 feet high because it's built up.
I've been in a house many a time. ‸ On the criteria, you have nine items,
and
that was the biggest thing on the Board of Adjustments,
was
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chairman for many, many years. And my attorney down here can
explain to you,
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the criteria. If not, it can be taken to court, and that
has not been
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we had to make sure
we're
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right on the
money when it
ignites and
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she could
probably explain that a lot better than I can, but I know the rules
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that board because I was chairman for
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But that's all I have to say.
Okay.
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Yes, sir.
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I don't know who this question would be for, but is there any evidence of wells, natural wells or springs being on this property as well?
I know the applicants here, but just from ‸ an engineering perspective, at the site plan, when you do your site survey and your geotech review, that stuff would be ‸ found. And if you did have a well, ‸ you would go through the process to cap that.
At this time, we don't know if that's... I'm not aware of anything. I
know if you go north on those parcels, there are some wells and flowing water there, but I'm not aware of anything on this one.
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Yeah, I just wanted to address something
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that the property is not directly across from those apartment
building
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The apartment building is, ‸ I don't know how many feet. It's up the hill.
It's at the
high point. What's directly across from that apartment building are undeveloped areas currently. Right?
Yes. Yeah. Yeah, one of the vacant parcels is part of ‸ the current medium density residential, which is pretty much right across. Okay,
so everything directly across from it to the east of it, to the west of it, and to the north of it are all single-family residents.
Yes, or vacant.
Okay.
Okay, and I have one more question. So when residents, community members, think because it is of different density than those surrounding properties. That is not a good enough reason to object to, in other words, that the community is really adverse to putting an apartment building in what is largely, ‸ everyone, no one could argue that it's ‸ largely single-family residents. They really have no say in that because, ‸ and of course, we believe in private property rights, and Florida has strong private property rights. So that's not the issue. Everyone can develop their property, and that property can currently can be developed as a single-family or as a duplex.
I
mean, ‸ you can have two actual,
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you can actually put two homes on a half-acre? I'm not sure about that. Okay. Okay. Well, at any rate, you certainly have the right to develop your property. The issue, and you have the right to ask for the future land use maps to be changed, but there's no, you don't automatically get that, or shouldn't expect it, when you purchase a property. You purchase a property according ‸ to the way it is zoned and used now. Okay? Right?
Yes. Would you like me to respond to the question?
Sure. Well, just let me, because everyone that purchased a property there assumed that they were, and according to the maps, they were going to be surrounded by single-family homes or, I guess, two dwelling units per acre. Or is it, I don't know what it is for the...
There are four dwelling units. The very
low
density. Four dwelling units per acre for very low density. Right. And the low densities are seven dwelling units per acre.
So, right. So, everyone, when they purchased their property, they could assume that it was going to be that, right?
Well, there's no guarantee that it would continue to be that.
I
mean, as you said, ‸ every ‸ property owner has the ability to request for the future land use, and it's the City Council's job to review the criteria and determine whether that ‸ change meets that criteria. Yeah. Mm-hmm.
So... Okay,
thank you.
Do
we
have any other questions for staff? But...
But I really... I know you have a lot of cards as well on this property.
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Well, I wanted to hear... I wanted to hear what they had to say, because I'm pretty sure it's
going to
be right online with some of the questions I may have, and I really don't want to be redundant on it, But we do have the geotechnicals from the
engineer.
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We have that Mr. Greenwood provided us as well, and it answers a lot of the questions that was presented at the Planning and Zoning Board dealing with wells, dealing with drainage issues. And so this is all we really have to go by. This is what staff has gone by. ‸ Now, if we say that this particular firm is not a credible firm, that's a whole other conversation. But if we have the engineer coming before us with geotechnicals, you know, this is all they have to go by. ‸ But I will reserve my questions until the citizens speak.
Yes, sir. All right. I asked the question again. Is there any additional questions for staff? Council members? Stand on. Chair, we'd like to close this portion to council and come forward. State your name and your address to the public. First on the list will be Frank Manfredi. Would you please come forward and state your name? So, take your time, ‸ take your time.
Mr. Mayor, typically the applicant is allowed to present first if he would like to, unless he'd like to defer and wait to the end.
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would you like to go first or ‸ you want to defer? I could
probably answer and clarify a lot of the questions that was brought up.
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I'm
going
to
ask the question again. Would you like to go first
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Okay, I want to be politically and legally correct. Come forward. You have 10 minutes. Sir. Because he is happy.
Thank you, council and mayor. Thank you very much for letting me present this. There's a lot of clarifications.
There
were statements made that were totally incorrect. and I can refer to some of those items where I've listed my page number on the bottom right. That way I can refer to it and that way you'll all be able to follow me. First of all, the main information that I provided is the last page, 15. That shows a 72-unit project that was proposed in 2012.
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of 17 units and the statement was made that my project is not across the street from the apartment building. If you see the blue angled lines on the bottom where it's all yellow on Dixon, that is where my project is. So it's basically almost right across the street but not
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where it's completely a long distance away. You also have almost 700 feet that's in yellow there that will become RU215. And there is a sign that is also put on the property. The people that just bought it verified that they're moving along with it very quickly. You're going to see land clearing and all that. If you want me to, I can show you the sign that's there for you to call to get information about the property. I also have other photographs of where there's a lot of debris on Dixon Boulevard that this could potentially clean that up because the majority of the information on the first page here, page one, is from the engineering company that also was familiar when the property was also engineered a few years about 2004, I think it was. Okay. And then this project came along in 2012. So the current people that own it bought the property that ‸ included the zoning change and the site plan that they're now looking on selling, which is what the sign is for, the residential units along the front. My property,
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that's next to the one that's not in blue diagonal, that is scheduled to be a single family home also. So there will be no change along River Road for any multifamily. It will be going west on Dixon. Now, the other points is drainage. And this engineering letter here states that it is mainly flooded due to the way that Dixon Boulevard is built. There are no curb and gutters there. The water drains completely on the property and because it's a slope it collects there. ‸ It also states here that it's fresh water from other sources. There is no spring or free-flowing well, which is exactly what was stated the last time it was inspected. Now, of course, you have to follow the guidelines what the code would require when you go to build it. But the main reason that I'm needing this to be brought up and approved is because construction costs have changed. It's very expensive, including materials, especially materials. So to compensate for that, you have to be able to try to add additional units to cut the
cost
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down. That also includes the work that will have to be done on the property. But the bottom line is this building is not going to tear down everything that is there. We are basically going to be about 25 feet ‸ off of Dixon, and the footprint is about 50 by 70, which leaves the whole rest of the property that you see there in blue diagonal. Now, the other items that were brought up were animal wildlife, things like that, and of course, that's something that has to be discovered when we're there, but a lot of people feel, including the engineer, that they're coming from across the street where this larger property is, and if you notice, in the middle of that project that they have the site
plan
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there, is a very big vacant spot. No development is going there because there is a free-flowing well there, artesian well. That's why you see no construction going on around that area, and it basically is circling that retention area, because they have the live well that we're talking about. That doesn't exist on this property. Now, on River Road, the corner of River Road and Dixon, it is a low-lying area. Yes, the city has plans on altering that, but the property that I have that fronts the River Road doesn't get flooded with water. It's just the streets. The only flooding that happens is the property that I'm looking to see if I could get approval to build the fourplex. And that is from the drainage. There's no, I got pictures of it. I think I provided it for your paperwork there. There's one on page 12 that's looking west on the property. And you can see there's no curb and gutter. And it allows the drainage of Dixon to go on either side of the streets. So these two projects are going to be able to upgrade Dixon ‸ Boulevard that's needing to be done for years. This will help enhance that whole street including the river road that's going to be happening a lot sooner. And now that these people have bought this property they're going to be moving pretty quick on it. As a matter of fact in six months from now I wouldn't be surprised if you start seeing land being cleared there. So I understand how people don't want change but this is a piece of property that because of the economy back when we first presented it we decided not to pursue it anymore because it just tanked the economy
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big risk to try to build anything and that's exactly why the people across the street did not do anything till now. So now there's a demand for housing you've got the ‸ taxes that could be generated to the city the property taxes which is the same for mine which could help the costs of all the changes that needs to be done on Dixon you don't have to raise taxes that way so it's a win-win all the way around including what the people across street from me are planning on doing now my property that I'm interested in ‸ having the zoning changed up Dixon it includes it all the way from River Road to US1 and being a developer you do not try you try to blend you don't want there was other issues that was stated at the
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meeting that we don't want a modern building there things like ‸ that that's not what the plan is at all you have to blend with what's there and I plan on talking a lot more in depth with the people that
own
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the property that bought it not too long ago across the street from me with 72 ‸ and a lot of the people that showed concerns about the property don't want change they're almost half a mile north from here they're not even in the radius that this property mine is asking for this zoning change and that was where most of the concerns were but as the nine items that was required to follow through that ‸ Mr. Smith had brought up it's been addressed there's no free flowing water there it is water retention there due to the way that the Dixon Boulevard road was designed and these are things that will have to play into altering the issues that we're having
there
I think that I might have covered some of the questions that were brought up but the other thing was the misinformation and I think that it was stated just a few moments ago there was paperwork put out that's 15 units that's going to be proposed for ‸ that location ‸ and now people are realizing that it's not I think that's another thing that created a lot of negativity on this idea it is fourplex that I was talking about even when it was presented to the PNZ board meeting but I was at that meeting and there were a lot of people there that were at the meeting and the criteria wasn't followed like it was explained by Mr. Smith and it was such misinformation that was being utilized that actually caused one
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members to resign because it was too political and I'm just hoping that we stick to the facts this is what I've presented I've covered all the requirements for this property we're interested in pursuing this and I think it'll be a major ‸ project that will be nothing but beneficial ‸ and frankly those people that don't want any development there in a matter of months after I contacted these people you're going to see a lot of changes in a matter of months on River Road just across the street from my property if there's any other questions I'll be free to come back and address them even if there might be something I forgot to say thank you thank
you very much
Mr.
Greenwood
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can you come back please
‸ sorry I left too quick
so it's two questions that I have the first one can you talk a little bit about the retention that you're going to have on the property is it just going to be
swales?
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is it going to be a pond in the back of the property can you just that's the first question
yes yes yes that is exactly how we're wanting to address it one example is a stem wall that will lift the property fronting Indian River Road to where the design of the house and all that will blend with what the city needs to do by raising that road there and that was another reason that we felt
it'd
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be good to do a stem wall there in the front lot the back lot same thing but I don't want to disturb any of the other area of the property again my building footprint footprint is only approximately 50 by 70 I'm guessing right now but if you look at the location of it and the rest of the property that I'm wanting to put this project on it's trying to be as concise as possible so we are interested in keeping the existing land behind the building that I'd like to build as it is with walkways that even maybe the public could enjoy but then the other idea would be again stem wall raising but I've got to go by what the code requires I've got to go by what the Indian River water regulations require ‸ I mean it is not carte blanche if this gets passed I have to satisfy a whole other criteria it's not me just going in there and tearing it up there's certain guidelines you have to follow or you will not get a permit now the existing zoning that's one thing I forgot yes it does allow 35 feet high and there's a page there next to the site plan that shows a picture of the ‸ number of houses that are 35 foot and higher that are existing on River Road so that was the other issue of the
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board meeting was there was questions about the height height and this is not something that is not fitting in the area and most of the taller houses on River Road again are almost half a mile away
north ‸ you answered both of my questions actually the second one was about the foundation you said it was going to be a stem wall on the property ‸ when we get the packages we don't see elevations as far as this particular part of the process ‸ but I'm glad you answered that question that's
all I
had
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anybody else in the council
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thank you councilman
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so I have no issue with the height the stem wall how tall ‸ the stem wall you're raising the property right you're bringing in fill
so
okay how much are you raising it
well again that is with the criteria that I'm going to be expected to follow by the land development regulations and the city code
it
could be I'm going to guesstimate here on river road that front river road where I want to put a single family home there after this fourplex is done I'm guessing around three or four foot Alex is that what you're thinking it might need by you seeing ‸ you've been by the property right you've lived here all your life so I'm sure we're going to want to be at least two a foot or higher than the road oh I'm sorry
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sorry I apologize because
I did want to ask Mr. Smith my understanding was we
are
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raising Indian River Drive
but the
Dixon were not substantially raising
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it we'll have to raise a portion of Dixon to tie in
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get up on to Indian River Drive and the
extent of that would depend on how high we get
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‸ And so when you raise a property then, all of course again, this particular property sits at a low elevation, US 1 is at a high elevation all the water rolls down so then it would just kind of roll around with
the retention your property yes to
other
properties surrounding you well it depends on requirements for me to solve the question about the drainage and there's multiple things that's affecting it and the biggest one is the Dixon Boulevard there's no curb and
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only one collecting great there
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and River Road has curb and gutters Dixon does not there's a picture of it there in the paperwork I gave you all right so you know there's a couple of reasons that I'm ending up with water on that property a couple of reasons more than several maybe change it that way And do
we have plans for curb and gutter and sidewalks?
There wouldn't be sidewalks as part of the the particular project that we have. You'd more than likely have curb and gutter where it ties into new inlets. so
And we plan to do that as a part of the project that was in our consent agenda?
Yes, it's just you know kind of once again, timing the the extents of it and the timing as well. you know this project was approved and came on first, we'd probably have them put in the curb and gutter
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okay I'm done thank you
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thank
you
remember that
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Mayor Blake thank you so
yes
sir council members my name is Frank Manfredi thank you for the opportunity to speak tonight Donna my wife and I own the property at 1209 North Indian River Drive the house is known locally as the Dixon cottage was built by the Dixon family 131 years ago why my wife and I are not in favor of the zoning change requested by Kerry properties for several reasons one the property is directly behind my property in order to build a lot on the lot Mr.
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will have to increase the elevation of his lot which will result in more water flying in into my lot
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my yard is barely above the water table and floods about every time rainfall exceeds two inches. the zoning change will cause a domino effect three there's only I think the zoning change will cause a domino effect by encouraging other developers to buy older homes and
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small apartments etc.
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tonight I would like to ask that before the council grant Mr. Greenwood Greenwood's request that it ask the state of Florida to conduct the study of the ‸ artesian water ‸ situation in the area south and east along Indian River Drive from approximately Indian River Circle to the property at 1125 North Indian River Drive.
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Drive.
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an unusual structure in the back. It looks like an old well. And in fact, it's a water sump. And when we bought it, I wasn't really aware of what it did, but there's a sump pump in there and it was burning out all the time, so I had to replace it. I invited Cocoa
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LOOK AT THE SITUATION AND ‸ ALL THREE TESTED THE WATER AND DECLARED IT WAS NOT THEIRS. ALL THREE AGENCIES SAID THE ONLY
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APPEAR ON THE SURFACE ALONG THAT SECTION OF LAND. BEFORE THE COUNCIL
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PROPERTIES, I RESPECTFULLY REQUEST THAT A THOROUGH STUDY BE CONDUCTED. OTHERWISE I BELIEVE THAT BUILDING MORE STRUCTURES, MORE DRIVEWAYS AND MORE WALKWAYS WILL COMPOUND
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OWNERS HAVE ON THIS CORRIDOR OF LAND. THANK YOU.
THANK YOU VERY MUCH.
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YES. MR. SMITH, SIR, MR.
Manfredi
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MADE A STATEMENT THAT IF THEY ELEVATE THE PROPERTY HERE, THE RUNOFF
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CAN YOU ELABORATE ON THAT, SIR?
MR. YEAH, SO AS PART OF THE SITE PLAN REVIEW, THAT'S PART OF THE STORMWATER REQUIREMENTS. SO THEY HAVE TO EITHER MATCH OR REDUCE THE EXISTING FLOW RATES FROM THAT PROPERTY ‸ TO YOUR PROPERTY. AND THEN AS
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NOT INCREASE THE FLOW. SO THE KEY THERE IS THEY WOULDN'T BE ALLOWED TO INCREASE THE FLOW. EVEN THOUGH THE PROPERTY IS TOO SMALL TO NECESSARILY GO THROUGH A FULL ST. JOHN'S PERMITTING PROCESS, WE FOLLOW THE SAME PROCESS AND THEY'D HAVE TO STILL ESSENTIALLY MEET THE STATE REQUIREMENTS.
HAS THERE EVER BEEN A STUDY OF THE WATER IN THAT AREA? IN TERMS OF THE GROUNDWATER?
YEAH. ‸ NOT IN THAT PARTICULAR AREA, I DON'T THINK. I BELIEVE ‸ THE NORTH SIDE, BECAUSE THERE IS A SITE PLAN THAT'S ALREADY THROUGH ST. JOHN'S, BUT NOT OVER THERE. THERE ARE GROUNDWATER ISSUES THROUGH THERE.
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THAT'S A LITTLE BIT DIFFERENT. BUT THERE ARE SOME HIGH GROUNDWATER. COMES UP
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OUT
OF THE GROUND. I'M A WITNESS.
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‸ OKAY.
THANK YOU.
THANK YOU VERY MUCH. NEXT, MS. DONNA MANFREDI, PLEASE.
SO AS I'M SOME DONNA MANFREDI, WE LIVE AT [address]. MY HUSBAND JUST SPOKE. SO I WON'T REITERATE ANY OF THOSE COMMENTS. BUT WHAT I AM WANTING TO DO IS READ A STATEMENT. THE PERSON THAT OWNS THE HOUSE ADJACENT TO US.
SO
WE'RE RIGHT ON THE RIVER. THE
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SHE'S OUT OF STATE. BUT SHE ASKED ME TO READ THIS. SO IF YOU DON'T MIND, I WILL JUST READ HER STATEMENT. SHE WRITES,
I
HAVE LIVED IN BREVARD COUNTY SINCE 1965. AND I ALWAYS THOUGHT OUR RIVER ROAD THE MOST BEAUTIFUL ROAD IN THE ‸ COUNTY. WHEN IN
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REMAINING PIECE OF PROPERTY ON THE RIVER, WE WENT TO SEE THE BIG HOUSE. THEY HAD DIVIDED THE PROPERTY INTO FOUR PARCELS, TWO OF WHICH HAD BUILDINGS. ALL PARCELS ZONED VERY LOW DENSITY.
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THE HOUSES AND OF THEIR GRANDPARENTS WHO BUILT THEM. WE FOUND OUT FROM THE REFERENCE LIBRARIAN AT COCO LIBRARY THAT THE PERMIT FOR OUR HOME WAS FILED IN 1889.
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ARMY, MET HIS FUTURE WIFE, BOUGHT HER HOME AFTER THE WAR. WHEN SHE TURNED 100 IN 1992, THE LOCAL PAPER INTERVIEWED HER AND SHE TOLD WHAT SHE WATCHED OUT
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THE FIRST ROCKETS. BEFORE THAT, IT WAS AN INDIAN PATH AND IT
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I'M NOT SAYING THAT BECAUSE OF THE HISTORICAL SIGNIFICANCE OF THIS PROPERTY WE SHOULD KEEP THE ZONING AS IT IS, BUT IT IS A GOOD REASON. OUR SECTION OF THE RIVER WITH THE LAST THREE REMAINING HISTORICAL HOMES ON OUR STRETCH OF THE ROAD ARE PRECIOUS TO THIS WHOLE AREA AND SHOULD BE CONSIDERED SO BY THE CITY. IMAGINE BEHIND THESE HOMES
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STRUCTURE ON THE WETLAND BEHIND US, SEEING A NEW TALL STRUCTURE LOOMING UPWARD, ECLIPSING OUR GRACEFUL OLD
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IT IS AESTHETICALLY UNAPPEALING. ENVIRONMENTALLY WATER SEEPS DOWN TOWARD OUR PROPERTY REGULARLY AND NOT FROM RAIN. IT IS ALWAYS WET AND BELIEVED TO BE SEEPING UP FROM SPRINGS.
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SMALL CANAL AROUND OUR HOUSES, GOES OUT
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ANY BUILDING ON THIS PARCEL IN QUESTION NEEDS SERIOUS ENVIRONMENTAL STUDY AND RESEARCH ON THE CONSEQUENCES OF DISTURBING THIS. POINTING OUT THE FACT THAT THERE
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GAIN ACCEPTANCE WITH THE NEIGHBORS AS THIS COMPLEX HAS ALWAYS BEEN A DISTRACTION AND OFTEN A PROBLEM TO OUR NEIGHBORHOOD. AS A BUSINESS OWNER AND FINANCIAL MONEY MANAGEMENT FOR 39 YEARS, I KNOW THE CITY WOULD LIKE TO INCREASE THE TAX REVENUE FROM ENHANCED PROPERTY VALUES, BUT AGAIN, THE SMALL INCREASE IN VALUE FROM A
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CAUSE OUR PROPERTY ‸ DEVALUE. IT WOULD INCREASE TRAFFIC WITH ADDITIONAL FAMILIES ON ALREADY CONGESTED ROAD. WE OFTEN HAVE SPEEDERS THAT RACE THROUGH THIS STOP SIGN AT NIGHT ON THIS CORNER. CAN I READ THE LAST PARAGRAPH OR NO? UH, THOSE ADJACENT TO THE PROPERTY FEEL AS MY HUSBAND AND I DO. WE ARE VEHEMENTLY AGAINST CHANGING THE ZONING. WE BOUGHT OUR PROPERTY BELIEVING THE ADJACENT PROPERTIES WOULD REMAIN SINGLE FAMILY ZONED. IT WOULD BE UNFAIR AND WRONG TO CHANGE IT ON US.
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OWLS, HAWKS, RACCOONS, FOX AND RABBITS. NOT TAKE MORE OF THEIR HABITAT. IT IS ONE OF THE BENEFITS OF LIVING ON THIS PROPERTY. YOU SHOULD SEE THE VIDEOS AND PHOTOS WE'VE TAKEN. IT'S LIKE NATIONAL GEOGRAPHIC.
WE
DO
THANK ALL OF
OUR CITY OFFICIALS
AND
APPRECIATE ALL THE HARD WORK YOU DO FOR US DOING WHAT WE
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AND WE AGREE TOTALLY WITH WHAT SHE WROTE. SO THANK YOU SO MUCH FOR YOUR TIME.
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NEXT, MR. TANK SHERMAN.
YES, SIR, MR. MAYOR AND COUNCIL. ‸ TANK SHERMAN. I'M AT 1125 NORTH INDIAN RIVER DRIVE.
AND
I KNOW YOU'VE PERSONALLY SEEN THE PROPERTIES. IT GOES FROM THE RIVER ROAD TO ROUTE ONE. AND IT'S OVER AN ACRE. AND IT'S BLESSED.
I
MEAN, IT'S A WONDERFUL PROPERTY. I AM AWARE OF SEVERAL WATER PROBLEMS IN THE AREA. I DON'T HAVE ONE, BUT THERE'S ONE TO MY SOUTH. AND I KNOW TWO DOORS, TWO BUILDINGS TO THE NORTH. THERE'S WATER ALWAYS COMING OUT OF THE LAND. I AM STRONGLY
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HISTORICALLY, TO ME IT DOESN'T MAKE SENSE. THE WHOLE RIVER ROAD IS JUST AMAZING.
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TWO YEARS OLD. AND SO SHE HAS A LOT OF HISTORY WITH IT. AND HER FATHER WAS THE CITY
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BUT MY QUESTION IS FOR THE ATTORNEY, THE CITY ATTORNEY. IF MY ONE-PLUS ACRE CAN BE DEVELOPED, CAN I PUT EIGHT HOMES ON IT? AM I GOING TO BE ALLOWED TO DO THAT WITH ASK FOR A VARIANCE? WHAT'S GOING TO STOP IT? I KNOW THERE ARE HOUSES THAT HAVE STRUCTURES BEHIND THEM ALREADY, AND IN MY UNDERSTANDING, IT WAS BECAUSE THEY WERE FAMILY. I
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BUT I HAVE ROOM IN THE BACK. I CAN BUILD SEVERAL PLACES, AND THEY'D ALL HAVE ACCESS TO A ROAD. SO I THINK THAT SHOULD BE PART OF THE ADVISEMENT YOU
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YOU GO.
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MAKE A DECISION. SO ANYWAY. THANK YOU VERY MUCH.
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I THINK IT WOULD BE THE RESPONSE THAT MR. SMITH GAVE BEFORE THAT ANY ADDITIONAL REQUEST FOR A FUTURE LAND USE AMENDMENT WOULD GO THROUGH THE SAME PROCESS. WE WOULD HAVE... THE COUNCIL WOULD HAVE TO APPLY THE CRITERIA. SO ‸ I CAN'T SAY WHAT THE OUTCOME OF THAT WOULD BE.
SO THIS IS A PRECEDENCE, AND YOU'RE SETTING IT ASIDE.
THANK YOU. THANK YOU, MR. SHERMAN. MR. WILLIAM COATES. YOUR FRIEND. YES, MY FRIEND.
GOOD EVENING. MY NAME IS WILLIAM COATES.
MY
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STOPS. I GO ALL THE WAY TO US-1. SO I'M ON THE SOUTH SIDE, ALL SINGLE FAMILY DWELLINGS, AND I'VE BEEN THERE FOR, I GUESS, ABOUT 10 YEARS. MY WIFE KEEPS TRACK OF THAT STUFF. AND FIRST OF ALL, I WANT TO INCORPORATE ALL THE PREVIOUS STATEMENTS MADE BY MY NEIGHBORS INTO MINE. BUT MORE IMPORTANTLY THAN THAT IS I HAVE ALL THOSE ACRES THERE, AND I'M JUST WONDERING, REALLY, HOW IS THE CITY AND MR. GREENWOOD GOING TO DEAL WITH THE WATER THAT IS STANDING ALREADY, SOME OF IT ON MY PROPERTY, WHEN THE LAND IS RAISED, WE DON'T KNOW HOW MUCH, BUT FROM ONE TO THREE FEET. MAN, THAT WATER'S GOT TO GO SOMEWHERE. AND I
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BUT THAT'S A MAJOR CONCERN OF MINE.
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STREET, YES, THE APARTMENT BUILDINGS ACROSS THE STREET, THEY'RE NOT DIRECTLY OPPOSITE MY HOUSES, BUT THEY'RE THERE, THEY EXIST, AND THERE'S NOTHING WE CAN DO ABOUT THAT, AND IF THERE'S A BUNCH OF HOUSES THAT ARE PUT IN THERE, SO BE IT.
BUT
MY SIDE OF THE
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IN SO
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IT HAS HISTORY.
AND
I JUST THINK THAT A SINGLE FAMILY DWELLING ON THE CORNER, NO PROBLEM, AND PERHAPS A SINGLE FAMILY DWELLING NEXT DOOR TO MY PROPERTY, BUT, YOU KNOW, ONCE YOU GET THIS CREEPING DEVELOPMENT, IT JUST TAKES OVER AND SUDDENLY YOU'RE IN SOME PLACE THAT YOU NEVER INTENDED TO BE WHEN YOU PURCHASED THE PROPERTY. I JUST TURNED 72. I'M GOING TO LIVE THERE FOR THE REST OF MY LIFE. I REALLY DON'T WANT TO HAVE A LOT OF DEVELOPMENT, NOT JUST FOR
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AND WITH MY SIX ACRES, I COULD
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THAT. BUT IT'S POSSIBLE, AND I UNDERSTAND YOU HAVE TO GO THROUGH THE PROCESS, BUT IT'S THE SAME PROCESS THAT YOU'RE PROCESSING HERE.
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DONE. THANK YOU FOR LISTENING. VOTE YOUR CONSCIENCE.
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HAVE A POWERPOINT SLIDE THAT WE SENT IN. HOPING WE CAN DISPLAY THAT.
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I'll start with the easy part. Todd Riggs, [address] So about a half mile up, walk my dogs around this area just about every day that I'm in town, which I wish were more. ‸ That's a different. So I wanted to put some information together to provide some perspective on the area. ‸ Some of this has been touched on. The apartments are important to understand because they were really the primary justification raised by staff at the Planning and Zoning Board as a justification for approving this. I pasted the Google Maps review on the apartments, 2.2 stars, with the most common being one star. The words in the reviews, and this is Google's highlights, not mine, the words most frequently used in the reviews are mold, cockroaches, slumlords, and crime and theft. I know that ‸ some of the tenants have had to bring lawsuits against the landlord around raw sewage backing up. I don't know if that has anything to do with the water situation in the area, but it could. And it changed hands, interestingly, toward the end of last year. My point in sharing that information on the apartments, they are not a precedent on a model that we should be looking at. They were a mistake. It's out of character with the rest of the neighborhood. It's not a mistake that we should double down or triple down on. Then I highlight three other properties, most of which have been discussed. ‸ They're next to and towards Indian River. All three, interestingly, changed hands late last year after a long time of no activity in that area.
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one another that I'm not sure if it's a related entity or not. It's interesting. I'll come back to that because I don't believe in coincidences. So I think the vote tonight and the property that's the subject of the vote tonight is a domino. We changed the zoning and land use map and before we know it, the next project will look at. We'll look at the precedent set here tonight and also the apartments. So now we're just rolling downhill before we know it. All of that stretch of Dixon will be at that density. There is likely to be water impact from the construction. I experienced this in my property when Route 1 went under construction. We got a lot more water on our riverfront. There's a lot of variables. We don't know how it's going to impact. We don't know how high we're going to build Indian River Drive. We don't know ‸ what changes we're going to make to Dixon. I'm glad I don't live downstream from this property because there will be more water. There simply will be.
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coincidences in terms of all the activity in this area. ‸ I would ask and hope for transparency around what's going on and long-term thinking. I'll wrap up. Long-term thinking, preserving Coco's unique character versus going after short-term tax revenue that degrades that unique character and ultimately harms our tax base. Thank you for your consideration.
Thank you very much, Mr. Riggs. I have a question. Mr. Smith,
and
then you guys hit your like button so we can answer. Mr. Riggs' last statement,
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Is that the correct interpretation, Mr. Riggs? Sir? ‸ You said more water. ‸ Yeah,
my point was that when a few years back when we did some construction on Route 1, which I'm happy with the outcome, other than my waterfront, the lower part of my property, our property, got a lot more water after that. And so my point or question is we are nearly certain when there's construction in the property that's the subject of tonight's decision, it will change water flows, probably not for the better for properties that are closer to Indian River Lagoon.
Could you answer that, Mr. Smith? ‸ I'm sure that's what it sounds like.
I mean, how can you know?
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do to Indian River Drive in terms of height.
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There's a lot of variables.
Yeah, I'd just kind of say once again, when the site plan comes in for the particular property, they're going to have to meet the requirements that we have set forth.
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what they did for their flows and everything. I know that was quite some time ago as well, so some of those standards may have changed, but this ‸ is a very, very small parcel in the scheme of things when you're comparing it to a widening on that scale of a state road. And the applicant's, this parcel in question, he also owns the downstream property as well. So I don't think he's going to do anything detrimental to his other parcel that's directly downstream of it.
Multivariate equation. Don't know that I'll have ‸ a choice.
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I call it the Dundee's property where the fruit stand was.
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Was there a hearing? Yes, there was.
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I wasn't aware of it, or I may have been out of town. Apologies.
Because, you know, we didn't have the amount of people in here for a larger piece of property being clear, ‸ complaining about it.
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Was it a
zoning change? Or were they doing what they were allowed to do based on the zoning for the property when they bought it?
Well, there was a ‸ zoning change from commercial to single family.
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So that's almost us.
I just
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Thank you, councilman.
Thank you. Councilman Cohen, sir.
Can we clarify? Was there a zoning change on that particular property?
Yeah, from commercial to single family. From
commercial
to single family.
I'm actually, Ms. Aight.
Yeah.
Yes,
Ms.
Aight. Yes. Ms. Aight, can
you
answer a question, please?
I can say not recently.
I
believe the applicant...
In
the past. Yeah, in the past it may have, but
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Recently. Not since I have been working with the city, but the hearing in question was a preliminary subdivision hearing for River Walk.
Okay. Can we... This is for Mr. Bryan. As far as the first bullet point... I don't know if you can see it or not. The portion of...
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I want you to speak to that. And also the city performing site prep. I know there were several questions ‸ when I got calls today about us doing the project that we
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That we are performing the work for the developer. Can you speak to that on why we're performing that?
So the mowing, we mow the right-of-way. The right-of-way extends past the sidewalk. It's our job to keep the sidewalk clear as best we can. If they maybe go a little wider with the bowing blade, I wouldn't call that site prep. I'm very familiar with site prep. And they're just mowing a right-of-way right there to maintain the sidewalk.
And did we consider putting a lien on the property to make up for that continued work over years?
‸ Because what I'm
calling site prep, I call it money being spent.
The right-of-way outside of the sidewalk between the property line and the sidewalk is about 10 feet. So ‸ they're just trying to mow that area.
Brian, I think you also need to explain because these aren't questions. I don't know what they are. But ‸ maintaining the ‸ right-of-way and the right-of-way ‸ on that property and other properties throughout the city is a city responsibility.
It is. And typically when the property develops, that's when the owner, I wouldn't say they assume ownership of that responsibility. But usually when you develop your property, you want your right-of-way to look nice. That's why people mow their right-of-ways around the city. But when it's vacant, most of
the
time the city is responsible for mowing that right-of-way.
And
then ‸ a definition, a practical definition of site prep, which is certainly not mowing the right-of-way.
Yeah, I mean, the most practical definition would be just north on US-1, that site being completely clear-cut. Right now the trees are being burned and mulched and then they'll come in with pipe.
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So what I'm specifically referring to in terms of the money we've been spending, there was some trenching work done that looked like they wanted to try and increase the, improve the drainage.
There's a stormwater easement that runs along the backside of all those properties. It's a drainage and utility easement that runs along the backside of those properties that drains out to Indian River Road. That is a city responsibility. Okay. And that's not associated with that property in particular. It's more with the Indian Circle properties where that easement is. That's right,
smack dab in the middle of that property. I could go show you what I'm talking about.
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The drainage easement is on the north side of that. It's on the south side of the South Indian Circle properties.
Okay. So the ‸ wetland is in
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Where the wetland ties into our stormwater structure, yes. Okay.
As a side note, it didn't change a dang thing about ‸ the amount of water on that property. It just now moves, but the amount on the property is constant.
It's not our intent to drain wetlands. Okay.
And surveying work, et cetera. It's just, it's been, it's been busy there the past few years. So maybe I misused the word site prep, but we've certainly been spending money on that property.
Yes, sir. Thank you, sir. I appreciate it. Next, you got a question, sir? Yes, for
clarification. For clarification on the trench work, are we referring to the area that I identified that was causing flooding on the back properties?
Yes. Okay, gotcha.
There
was a previous city ditch that was filled in a number of years ago. Correct. Okay.
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I do not tonight. What? Just my own words for you. Go
ahead,
ma'am.
So, 1629 North Indian River Drive. And I'd actually like to start, though, by quoting a recent Southern Living article on Coco. As we all know, in our strategic plan, one of the biggest problems for Coco is its reputation. So it was super exciting to see very positive national press for Coco. Coco is a town that has done a good job preserving the past, which is unusual ‸ in Florida. But for all of Coco's investment in its history, the city has also spent the past couple of decades priming itself for a lively future. In contrast, though, this ordinance is not doing a good job of preparing for our future. I urge you to vote against the future land use map change and the density change. Regardless of what happens with Mr. Greenwood's property, we will be stuck with this. And it is going to move us to 15 units per acre, medium density, forever. My husband just showed you all the properties that have just recently been sold that will flip. It's a big deal. The owner of ‸ this, Mr. Greenwood, wanted to develop, if he wanted to develop land according to the existing zoning, we wouldn't be here tonight. There'd be no problem. There wasn't really a problem with the ‸ more property development as we saw. As you asked about, Mr. Dial. It was according to the existing rules and expectations. Instead, Mr. Greenwood is asking you to change the zoning and density rules to give him an instant bump in land value. So all the rest of us are essentially paying for that bump in land value by changed expectations. Staff is going along with this and asking you to use the apartments as precedent. Those apartments are not a good precedent. I don't want us to be stuck with the bad decision. And I'd like to close positively, though. Some more from that article. Cocoa is a peaceful little pocket off the highway connecting Orlando to the Atlantic. It has all the uniqueness of an old Florida town, including the lovely
homes
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sprawling out along the water, all full of charm. Medium density zoning and changes does not fit in
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It is not going to help our reputation, our charm, our highest selling points. Thank you for your consideration.
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1705 North Indian River Drive. And, you know, I came here to speak about, against this zoning. I didn't know we were going to have an end
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me, and then run to get this zoning done on that north piece of property. And believe me, folks, that's the camel's nose under the tent. Once you do that, that whole area, ‸ there's supposed to be seven, I believe it is, homes along the river on the north north of Dixon Boulevard. Can you see those people wanting to say, wait a minute, we can get 15 units to the acre? It just doesn't consistent with the uh with the area. you You remember that Southern Living Magazine? They talked about cocoa and how we preserved old Florida, which is unusual. I think all of you ought to read that article because it ought to be required reading. And this is not the way you you keep old Florida looking up and down the River Road there. Besides all this talk about water, water
i
think
you'll
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realize you've got sewer along that that stretch. It wasn't many years ago that you couldn't flush your toilets there. That's why the city put that sewer in. So you got a bad water problem there you gotta you're gonna ‸ have to deal with. So I just think that it's a bad precedent we're setting. you're You're getting ready to lose that whole area to um multi-family And I know Mr. Greenwood has changed his his uh first uh present presentation the other day where they were going to have four units on the River Road. Now it's only going to be a single dwelling. That's just to keep us complacent, I think. that
so
we you really need to to think twice about changing that zoning because I think it's going to change that whole area if you let it if you let it happen. And uh I think it would it would ruin the image that coco has along that stretch. So please consider that. You're going to open up a can of worms when
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that i I feel that if I don't speak now, um unfortunately, because of the change ‸ in the agenda, I will be... um So you want to
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both issues?
I kind of feel like the conversation really has pertained to both. And with that in mind, I'd rather be early than late
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to speak. Thank you. um And I will put
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Yes. Are you applicable to this, too, as well? ‸ Because you have number three, you don't have a number four. I can speak for number four.
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Smith, oh as far as far as what I see, the current zoning that we have now for that particular um dwelling, the footprint stays the same. zoning Just say we don't change the zoning map. So the water issues that we're discussing and and and we have um disagreements about, it'll still be an issue no matter what um dwelling unit is on the piece of property. am i Am I correct about that? So
partially, in terms of the water, regardless of what happens there, that has to be taken into account, whether it's a single family home or a multi-family dwelling unit. ‸ the ‸ the zoning change, first, obviously, the comp plan has to change first in order for the zoning to change. The zoning does allow for a little bit more impervious area, um and i the setbacks change a little bit for that, as well. With that being said, you're still dealing with the same stormwater issues. So it's probably a little bit easier to deal with it in certain circumstances. But that's why you incorporate some of those low impact development items and where you sorry where you normally have concrete or things like that, you can you can do some type of pervious paver and and that type of thing there. Okay. All right. That's
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have a lot of
I have a law office at 959 North
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Boulevard. I live on [address]. I am in the enclave that is county property. However, as a business owner here in
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this is my first time coming into your chambers and I appreciate you allowing me to speak. Most of the issues that I was going to address tonight have previously been addressed so I'll keep it very short and very simple. I i i feel that this is an unenviable position because I do know Mr. Greenwood and obviously I would not want to compromise his reasonable use of any property. i I do believe in property interests. However, it is patently clear and a walking of this property is that this property is a swamp. It is wet and if you have any other expert inspect this property, it will be consistent with the testimony that's been provided here tonight that there are artesian wells on both sides. This water flows freely and if you were to look in the sidewalk, there's a conduit that runs underneath that sidewalk and that water is flowing. So there will be water issues here. He arrived to the party. There have been people who have been here. There are 159 single family houses from the top of the border to the bottom to the old
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those who are in county. What I'm saying is
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family. Everybody's been talking about establishing a precedent. He said that he's going to make it a single family house on Indian River Drive. That's all fine and good but that forgets the big problem in that this is a swamp. This is going to be wet and if you have an engineer, there has been an engineer provided by, I i assume with the the application which I did not review, but there are other experts who will tell you that this water is there and it's always going to be there. So the question becomes this. Does it go on the adjacent property owner's property or does it go straight out into the Indian River? And I'm going to close with the idea that people want to come here because of the river. I know that environmental issues are very expensive, but we shouldn't create a bigger issue that's going to cost us
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Thank you for allowing me to speak.
Thank you, ‸ Mr. ‸ Newman. Thank you. Yes, sir.
Roger
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1605 North Indian River Drive. I just think uh there just needs to be a little more work done to help Greenwood and the future with the zoning. Because if we change it for his zoning, it's just going to change ‸ You know, everybody can change. So just if we can take that and consider it, look into the future and just make sure it's fair for everybody.
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the audience?
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and a
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Coates,
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Mr.
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Mr.
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Mr.
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Steve.
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okay All right. Any other individuals from the audience?
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question to you. Have the audience proven that ‸ point?
That's really not a question that I can answer. um I can tell you the criteria you're citing is whether the amendment is compatible with surrounding neighborhoods and land use. um The the residents have provided some testimony about that, um as have the staff and the reasons that they believe that that criteria is met. um But that would be something for the council to decide. Because
you know where I'm
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down at the end.
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I understand compatibility is one of the things that can overturn criteria. And I just want to make sure we get that out there. Because there has been a case made here tonight. And I sound like mr uh my partner on the Board of Adjustments for all those years. But let
me
see what my question
is
um i
do. um And the the standard um when looking ‸ a court would look at a decision on a future land use amendment is more relaxed um than a quasi judicial hearing. um It is quasi legislative um So they would not disturb the city's determination of this um unless it was
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essentially not reasonable. And it was determined to be arbitrary and capricious. So you could utilize um both. You could, again, there's been both presented. um So it's really up to the council's uh discretion. yeah
with staff saying approve. approve yes That's why I want to get this clarified.
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the new degree what are the wishes of council? Okay,
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uh
pertaining
to this particular item. Item number first reading. It will come back to us. Item number
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State Statute 163, to change the future land use map. ‸ Designation of one parcel
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second it.
Okay, yes, definitely ‸ To
clarify, the motion would be to um approve the staff's recommendation, correct?
Yeah, okay. Well, shall I read a little bit more, ma'am? oh So
my question for you, Mr. Smith, the existing storm structure that is on Dixon on the north south side under the north side, um is is it is damaged right now? Am I correct about that?
Not that I'm aware of.
Okay. If
it is, we'll need to check on that tomorrow, though.
Yes. um From my understanding, that it has uh issues with the the top or the the grade itself, um yeah, that's something ‸ definitely need to look into. That's all
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to him on that one.
Okay.
So I believe I had a conversation with Mr. Greenwood, and I think, if I'm correct, if i'm
correct you
informed me that there was a uh a drain that was crushed. He could probably explain it better if you ‸ like ‸ Come
to the podium, Mr. Greenwood.
The one and only great that's on Dixon Boulevard to collect drainage off of Dixon is the item that I was told was crushed by the engineer that inspected it. And that is another issue that causes
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the water to continue to go off of Dixon on the other properties. It is just poor drainage on that Dixon Boulevard that's causing the problem. That's how it was pointed out by two different engineers, not one.
Does that answer your question? Yes, sir. Okay.
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Councilman
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are you finished? Yes. Your light is on. That's the reason why I have your light on. Councilman, Deputy Mayor Hearns, you have a question. I mean, your light is on.
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Oh,
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So this is my district, District
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So
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very, very sensitive to me. I've been looking at all the in and outs, doing my due diligence. One of the biggest things I heard tonight
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this sets of precedence for all of the additional
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I would think that's not the case. We're only here to approve or deny the parcel that's owned by mr. Greenwood we know west of that property is owned by mr.
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no plans on developing his property anymore and just taking
account of taking into
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account all the details that I heard tonight I'm just not finding a reasonable reason you know to deny
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reasonable reasons why we should vote against this. Number three, whether there will be a favorable or unfavorable impact on the
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residents how that would impact the historical homes very little impact on the environment I don't think you can raise a property by two feet ‸ not have an impact on the environment. number six, is it compatible with surrounding neighborhoods and land use? ‸ The only thing it's compatible with is the medium density apartment building, which is, at this point, is is further west and on the other side ‸ the street. And we've heard about that as well number seven and I think this is probably the most important reason. Objective. This is from the amendment being requested is consistent with all elements of the comprehensive plan goal 9.2 objective 9.2.1 Coastal high hazard area. The city shall continue to direct population concentrations away from the local the coastal high hazardous area through implementation of ‸ future land use map, land development code, and through the development review. Here we are increasing our future land use map in the area that is most vulnerable to flooding. In the area that we are going to be investing in just to keep it viable for those who live there now and for single-family residents that is currently currently zoned for. So that would, those would be the reasons why she we should really think twice about this.
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listening ‸ those. however to go back to. uh We already were told if there's a site plan submitted, there's requirements that he must follow, which I believe has retained his own stormwater on his property. The other thing is, where was I at? There's something else you address. Sorry, can you state your list again? I just want to make sure that I have all my facts right before I make a decision.
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Well,
is it compatible with the surrounding neighborhood? Favorable, unfavorable impact on the environment? And then the storm surge, the coastal high hazard area.
Okay, and ‸ back to the compatibility. As far as compatibility, most of the concerns I heard was off of River Road or Indian River Drive, and the development is taking place on Dixon. So I don't see how that would affect Indian River Drive if it's off of Dixon. And including the driveway into the property is going to be off Dixon. ‸ So we also have here, we have expert testimony here, disputing some of the concerns here. This is a licensed engineer, I'm assuming. And his testimony disputes all of that. There's no wells on the property. The environmental effects is
minimum
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And I can't dispute an expert.
So
that's all I have.
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Yeah, no, I want to respond. Okay, you
will follow Councilman Goins. Councilman Goins,
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going
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call the question.
He
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basically kind of stated what I was going to mention dealing with controlling your own water. Right now, currently, that same property is holding water because it has nowhere for the water to go. So those two properties at the end of Dixon going to Indian River Road, Indian River Drive, yeah, they're holding a lot of water. I imagine so. So that's why the code is set up so that you have to maintain your own water on your property, which would be through swales.
It
may, like, you know, today, I did a project today where it's the same process, where St. John's Water Management made the landowner, you know, dig a one-acre pond on his property to maintain their own property, maintain their own water. So I know there's going to be concern definitely doing the construction process. I think that's a valid point. Doing the construction process is always going to be things that the developer is going to have to do to mitigate all those problems, which may be
he
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may have to do well pointing.
He
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may have to pump his water to the closest stormwater drain. I don't know what that process is going to be, but we're not there yet to even, you know, to have a discussion on that part. But I'm confident because our code states that he has to maintain his own water. That's something that we're going to do as far as the staff to make sure that that happens. I don't know the volume that he's going to have on his pond that's not in our information right now, but we'll see that when it comes. We don't have that particular site plan right now. So that was my reason for the motion.
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Yes, I'll respond to the last comment first. Maintaining water on your property, and that is a stormwater rule. He is required to maintain any of the water, any of the water that falls onto the cement, the roof, all of those areas, all of those impervious surfaces. He is required to capture that on his property. All of the water that is flowing down the hill and coming out of the ground and moving is going to be moving around his property onto other properties. And that, of course, he'll have no control over.
But
again, I go back to... And that, okay, so that addresses the stormwater on the properties. I mean, there's still a concern about the surrounding properties. But I guess, again, my biggest concern is the zoning creep and the precedent that's being set. And just like, you know, when this first came up in the discussions with staff, the primary justification was that one property already exists on that road that has medium density. That was... That made it compatible. And so this... This just opens the Pandora box in an area that is very environmentally sensitive and does have owl and fox and alligators. And is the only green area left on Indian River Drive, by the way, in all of the cocoa... on the cocoa map. So this is the only green area.
Go ahead, ma'am.
And... So that's my point. The
president,
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maintaining water on the property.
There
will still be water issues. This is in a historic area. This is
an
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Isn't it a national scenic byway? Yeah. And Dixon Boulevard has lots of issues, given the topography. Given the fact that U.S. 1 is so high and it just rolls right down like a river. You'll see it this week. If you want to take a drive over there, if your car isn't going through at least 10 inches of water. ‸ So, okay. That's all I have to say.
Okay. Okay. Has everyone exhausted their thoughts and ideas?
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My last thing. So, okay. We're talking about the property that's directly across the street from a future property that's going to have 12 units of four floors. So what's going to be the difference?
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Where, yes, not directly square across from Mr. Greenwood's property. But what's going to happen with that same water when that property gets developed? Because it's literally directly across the street. So if this property doesn't get developed, just say we say no. What about the property directly across the street that's going to have more units and more footprint? So my question is, where does that water go?
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This is the first time I'm seeing 12 units across the street. Is this approved? Can somebody tell me?
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Yeah, I know.
I
know.
I know we have this drawing, but there are a lot
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us. That's never been approved. I know it's medium density because this piece, this parcel, and this parcel are. This plan has never been brought to us.
Okay. So say ‸ that particular property gets developed.
Well, that would be, ‸ we would be making that decision.
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So we're talking about, we know
is
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a steep hill where water comes down the hill.
Yep.
Even if this property does not get developed, it's not going to stop that water flow from the top of US 1 to Indian River Drive. That's not going to stop that.
Right.
So I think that's something that a conversation with
the
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city Coco needs to have as well, dealing with Dixon Boulevard that ties into, which is raising it, stormwater, new stormwater. We have some plans for correction in that corridor right there. So ‸ that's my only thing. If it doesn't get developed, it's still going to be an issue with water
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So ‸ I don't, I just don't, I don't want to, I just, yes, yes, please.
Yeah, I just go back to number, it's number seven, the comprehensive plan, the coastal management element. The city shall continue to direct population concentrations away from the coastal high hazard area through implementation of the future land use map.
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Okay. Thank you.
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have a
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favor by saying aye. Aye. Any nays?
Nay. Aye.
Let the record reflect.
I
am saying aye. Because I'm looking at ‸ future growth, control growth. And I do understand protecting the sensitivity and the nature of this community. Because originally when I very first became mayor, I voted no. But now through proper development and modifications to the
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I think we can adequately protect that area. So please let the record reflect. 4-1.
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Next item. Consideration of ordinance number 12-2022. First reading. A citizens initiated zoning map amendment consistent with ‸ requirements of
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Code article 21 section 1 to change the zoning designation of a parcel
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to multiple family dwelling
district of our
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County parcel ID number 24-36-21 BM-5-22580. The city planning and zoning board held a public hearing on this
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Planning and zoning board recommended denial of the accompanying future land use amendment. The board also recommended denial of rezoning requests absent approval of the future land use amendment to medium density residential. Residential. The rezoning request to RU-2-15 will be consistent with the city's comprehensive plan.
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Yes. And this is also coming up. Go ahead.
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ordinance of the city
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Changing the zoning map designation of one parcel of real property. Approximately 0.59 acres, more or less. Located southwest of the intersection of North Indian River Drive in Dixon Boulevard and Cocoa, Florida. More particularly depicted and legally described on exhibit
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Providing for the repeal of prior and consistent ordinances and resolutions, ‸ severability, and an effective date.
Okay, Mr. Smith. Sir.
‸ This one should be a little bit quicker. A lot of the information is just kind of repeat through here. Basically, what we have to do now is apply the zoning that meets that new flume use there. And so the applicant's seeking the RU-215.
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that's within the staff report. You know, main one's dealing with the level of service standards for it regarding stormwater, transportation, your utilities. Staff finds, obviously, based on the last conversation, there's ‸ little impact to those with the increase of three net units for this parcel. There's also no budgetary impact. And by approving this use, ‸ you would then match what the comp plan requires. So without approving this use, the comp plan would be conflicting with the flume, which we cannot do. And just as a note, the planning and zoning board did deny this based on the denial of the comp plan item. They weren't able to approve the zoning change if they did not approve the comp plan change or the recommendation for the approval.
‸ Just have a simple question.
Are you ready, sir? Yes, sir. Okay. Counsel, do you have any questions for Mr. Smith? Yes. Go ahead, ma'am.
Yeah. Yeah. So then we have no choice but to vote for this, right? I mean, because it can't be, we cannot have a...
We can't have a conflicting zoning use that doesn't meet
with
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the comp plan says. So now we have to assume that the comp plan has
this
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as medium density residential and residential estate is not within that.
Okay. And then, so why does it come to us? I mean, because we have to vote for it.
Because we have to do an ordinance for the comp plan and then a separate ordinance change for the zoning. So both of those are separate.
But
you really
can't vote against it.
I'm not the one that can answer that. Could you answer that?
I mean, how could you? If it has to be compatible with the future land use map. Right. I mean, it does need to be compatible with the future land use map. So you have no choice but to vote for it. I'm just clarifying. It seems like a
silly... Yes.
‸ I
mean, you really, you could... ‸ Because the future land
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you would need to have a consistent zoning map designation. Okay.
Any questions for staff? Chair, we'd like to close this portion of staff and return to the public. First on the list, Mr. Frank Manfredi.
[02:14:20] ▶ Play Speaker 24 (introduced as “Les Corrado” — machine-transcribed, not verified) · Machine re-recognized
He
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Is it not here yet?
Okay.
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So these are the same ones we just addressed, right?
Right. Okay. I know,
but I...
They have... Excuse me. They have both four and three acknowledged. On the card, I still have to talk. Give them an opportunity to stick.
That's what
I'm saying.
Okay. So if there's nothing different to add, we wouldn't go
on.
I still can't give you that right. Okay. That's all.
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Nothing more.
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Nothing more.
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Just want to confirm if there's no way for you guys to vote against this.
Could you come to the podium, please, ma'am?
I just want to confirm, given that the flume has now been changed and we are at that medium density, there is... It doesn't make any logical sense for anyone to vote against this.
No, ma'am. This is just the first reading.
It
doesn't mean the second reading is going to be...
‸ Okay. In that case, I will say that Dixon Road is an integral part of the Indian River Drive community. It is how many people approach the neighborhood. It is part of the neighborhood. Many people walk there. It is very much consistent with the experience of living there and very much part of what makes cocoa attractive. And I think we are very much moving in the wrong direction to go towards apartments in medium density. ‸ There should be a way for you guys to figure this out with Mr. Greenwood so that he can address the water problems and build on his property in ‸ accordance with the existing zoning and flume.
and
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very disappointed that we've changed to medium density.
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I guess the only thing I have to say is I'm very disappointed in you folks up there. You might as well disband your planning and zoning committee because they voted against this several years ago. That planning and zoning committee voted against this. And you're just not listening to your folks, to your voters, I don't think. Sorry about that.
Thank you, sir. Mr.
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A lot's been said about the multi-unit facility on Dixon. There's nothing to be proud about as far as that multi-unit facility is on Dixon. Having represented multiple tenants in that facility, I can firsthand tell you, based on photographs that I've observed, as to the squalor inside of that facility. So if that
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emulate, then so be it. But I'm telling you, it's not a good idea, especially from a business standpoint, because this will cost a lot of money. Look at what happened in South Florida when they unfortunately built on top of areas that were not sound. What we're doing is we're going to work in an area. We've come to the very end. This is the last green spot. So aside from environmental concerns, even if you don't like green areas, let's just think about the money that we're going to end up spending.
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to have to go somewhere else. Other people, this is going to spawn litigation. This is going to spawn the necessity for the city of Coco to take action, which maybe if we don't go down this road, we would not have to spend. I'm thinking that perhaps that we deliberate about the, you know, obviously you've changed the future land use map, but I think it's a decision that should be deliberately made. I appreciate your time.
Thank you, sir. Mr. Norman. I'm sorry, he's left. Okay. Any other comments in the audience? Yes, sir.
Mr.
[02:18:50] ▶ Play Speaker 24 (introduced as “Les Corrado” — machine-transcribed, not verified) + overlapping voice · overlapping voices
Mayor,
does the applicant want to speak also?
Oh, okay. I'm sorry. I'm sorry. Forgive me. I was looking at my cards. Please come forward and please fill out the card. Please, ma'am.
Oh,
okay. Thank you. Thank
you. My name is Les Corrado. I'm at 2606 North Indian River Drive. And I just want to thank you for the opportunity to speak. I would say this is not a good day. And I would say from an objective viewpoint, as I'm listening to everyone here, and then I heard what your staff said and recommended with the denial of this ‸ ordinance, I cannot believe this panel is being objective. I cannot believe that you're looking at the best interests of the citizens that are sitting right here and your staff. And I am so disappointed in you. I just want to tell you from the deepest part of me, and I'm being as objective as I can be, and I have to ‸ question your objectivity. That's all, sir.
Please fill out the card.
Please,
ma'am. ‸ Thank you. The other lady with the green on you, raise your hand. Ma'am, please fill out the card. Thank you. That's quiet.
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were you going to say anything?
Yes, I just wanted to make sure or ensure that the applicant has the opportunity to speak if he'd like to. Mr. Greenwood.
You have anything you want to say?
Mr.
Greenwood. The follow-up. Okay.
In summary, this is not an apartment building as it's been referred to, and I am, being a licensed builder, I am not going to put a project there that people will end up being disappointed in.
I'm
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going to live there. So, and then ‸ other issues with the water, they will be addressed because
I'm
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going to live there. And I do not do any new construction or any other construction that I've done in the city, which is multiple properties. Over 28 properties that I've renovated that were drug-infested, and now they're an addition, a positive addition to the city of Cocoa.
So,
I just want people to realize I'm not going to cut corners. I also got an award from the Secretary of State for one of my properties that's in the village. So, that should be an example, and all the other properties of what I've done, which is what I'm going to do there, especially since I want to live there. If there's any other questions, I'll be more than happy to address.
Thank
you. Okay. What are the wishes of counsel for this number 12-2022?
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We have a motion on the floor by Councilman Dow. Second, by Deputy Mayor Hearn. Question. Mrs. Cox. Yeah.
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So, this is the first reading, ‸ but you can't vote against the zoning.
No.
‸ Yeah, let me clarify. You could. Ultimately, though, if the council were to, on second reading, approve a future land use change to medium density residential,
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is consistent with that future land use. The only other one that would be allowed is PUD. And so, in order to avoid an inconsistency with a comprehensive plan, ‸ again, ultimately, on second reading, you would, you know, the council would need to approve RU215 or allow, otherwise, you would be allowing an inconsistency to occur with the future land use. Okay. And the PUD is planned unit development. Correct.
Okay.
We
have a motion
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Mayor Hearn.
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Aye. Any nays?
Nay.
Nay. Please let the record reflect. Three, two. Three, yes.
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Deputy Mayor, yes. Hearn.
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Chair, nay.
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Thank you. Proceeding on
the
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Council Business.
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What are the wishes of ‸ Council? Motion to approve.
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Chair's going to call the question.
All
in favor of saying aye. Aye. And then nays. Aye.
I
said the unanimously proceeding on to the resolution. The resolution that was stated here, approval of resolution 2022-099, the plan of state
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so that includes
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expand on this resolution. Ma'am, please fill out the card. Thank you.
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turn it in? Right
here, ma'am. Mr. Mayor, this is, uh, necessary because of, uh, the current declaration by the governor, um, with regards to Hurricane, uh, Ian. Um, these, uh,
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that may need to be taken, uh, uh, on behalf of the city for the protection of the, uh, citizens of the, uh, city. So we'd ask your approval of, uh, of, uh, resolution. I think the first one we're
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Correct.
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before?
Um, Mayor, this is, um, consistent with the Florida statutes that, um, afford municipalities, uh, certain emergency powers. So the actual section two, which, um, describes all of those, uh, powers that the city manager will be able to wield is, um, exactly consistent with the statute.
Chair, let me make a motion to approve resolution number 2022-099.
Second.
We have a second
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Chair's going
to
call the question.
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Aye.
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Proceeding on to resolution number 2022-100. Chair, I'd like to make a motion to approve this resolution stated brought forward.
Second.
We
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going to call the question. All in favor by saying aye. Aye.
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unanimously. Proceeding on
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contract between the city of Cocoa
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modify
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Article 17 wages to provide an annual
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Administrative services.
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Okay. All right. All right. All in favor
say
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aye. Aye. And the nays. Eyes have it unanimously. This concludes this portion. Let me make sure that we've done all the modifications and amending. Okay. Saying we're going to proceed on to reports. We have any reports from staff
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city manager. Sure.
Just two quick items.
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As
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building campaign that promotes police community partnerships and neighborhood camaraderie. And the city is participating in that through the police department. We'd like other agencies to participate, i.e. to have tables at the event. Also, the city's participation would also allow us to provide refreshments for the event. And so, if I could get the Council's favorable approval of that, I would appreciate it.
So, you want a consensus or ‸ do all the favor by saying aye? Aye. Aye.
Aye. Aye. Where are the locations going to be?
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huh? That's one centralized
area, sir. ‸ Okay. Okay.
City
manager.
Next item is the city manager actually has the authority to approve leases for space over in the Porsche house. And last year you approved for some of the tenants 15% increases in the ‸ rents. And so, this year we would be proposing a 3% increase in the upcoming lease agreements there. And so, just wanted to make the Council aware of that.
Thank you.
And I think Mr. Smith just wants to talk about flooding and then the chief will give you an update on the storm. Chief Lamb.
Yeah, mine will tie into his pretty well. We are expecting a lot of rain. We are going to have flooding. So, just a reminder, don't drive into floodwaters. Turn around, find a different route because that puts a pretty big strain on emergency services and they're not going to be coming out if you get stuck in floodwaters if the wind speeds are too ‸ high.
Thank
you.
Thank you, Mr. Mayor. So, I'll make it really brief.
We're
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all aware that Hurricane Ian is upon us. The latest update from Melbourne Weather Service, because this system has been fluctuating so much, our wind speeds and all have not been very consistent. As of 7 o'clock tonight, we are looking at most likely period of tropical storm winds and gusts to be at 5 p.m.
tomorrow.
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2, which means a partial activation. We'll be meeting again tomorrow morning to kind of review the most current update, which will be at 6 o'clock tomorrow morning and make some more protective action measures. But we have been in that mode since the beginning as it moved closer to the state of Florida and making sure that we had everything set to go to protect our citizens and still continue to provide service. And exactly what Bryant said, ‸ this is going to be mainly a flooding and rain event. We will see some gusts at times, like you do with any hurricane. But all the reports we're getting so far is this can be mainly a lot of rain to an already saturated ground that we have.
Just to piggyback, Chief, I don't know if you said, you've sent out public notices, and I think the public is aware that city operations will be closed tomorrow beginning 8 a.m. We're activating the EOC beginning 8 a.m. And so, you notice ‸ some of staff left early tonight because we will be there beginning 8 a.m. in the morning and may have to be there overnight. And so, wanted to give them some time to get home. We have not made a decision about closures on Thursday, but I'm pretty sure that we'll be making that decision as soon as we can in the morning. School board, county, most other cities ‸ have also closed for ‸ Thursday.
Yeah,
absolutely. Can
we elaborate on get all your meds now before the big 6 p.m. or whatever the land strike from the storm itself?
Yeah,
absolutely.
Electrical
lines. Just give us a look.
Yeah, absolutely.
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Mr. Mayor. That's all right
now.
Just trying to conserve time for everyone. But absolutely, I would strongly encourage everyone. The message has been to get out, get your hurricane supplies, make sure you have enough to at least sustain 48 to 72 hours. This also includes medications. If you have not already made arrangements with your pharmacy, please call them first thing in the morning. ‸ Get at least two to three days' worth of medications to be able to sustain you in the event that powers out, your grocery stores are closed,
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nature. Please keep all your important documents with you. Put those in a Ziploc bag. Things like your homeowner's insurance, birth certificates, car insurance, living wills, things of that nature so you'll have those ready and prepared to go.
Roof. Roof,
roof,
roof,
roof, roof.
Yeah, watch out for your roof. Oh, and your cats and dogs. Yes, please protect your pets. It's been a long day.
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Thanks, sir. So people with animals, you know, that's what I said. Vets, yeah.
Sorry, rude. Should have been blonde.
That's all right, man. I'm going to look at the recording to see. All right. Any other comments for the chief or anything like that? Either one for Commander Duvall.
I'm good, sir.
Okay, thank you. Please secure your facilities,
your
dwellings as much as possible. And be a good neighbor like we all are. We do have
sand,
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right, Mr. City Manager?
We have dirt piles, yes, sir. Yes,
sir. Yes, sir. And somebody's going to talk about potentially, I don't know, about bags. I know they were giving out bags on Merritt Island, et cetera, et cetera. And let me get my facts together.
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But on Merritt Island, they were giving out bags of sand, and you still can't acquire them. And we do have sand, and from what I may understand, there might be some free bags lurking around.
Yes, sir. That is correct. ‸ But from the information we got from Brevard EOC, that will probably conclude at noontime tomorrow, if not sooner. Okay. So.
And the free bags would be through the county?
Correct. And they would only be at the sites where they're giving out sand. Okay. So if you don't want to use the county sand, they will probably give you bags if you ask for them, and then you will have to fill them with whatever you want at that point. And I'll just emphasize while supplies last.
Okay. Okay.
All right. Any other comments?
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Thank you. Okay. We're in the fourth. So we do an even number. District number four.
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Just two items. One, a couple weeks ago, I met with the fire department's union. And ‸ as a result of that meeting, I told them that I would look at comparisons. There are obviously wage questions. Tammy, she did a comparison. But I think that we need to also look at the benefits. And I know we've been receiving a lot of communications here. I asked at that meeting. And everyone was pretty unanimous that they were pretty satisfied with equipment. That it was a matter of more about wages, more about incentives for training and that sort of thing. So I would just like, as a council person, to have more information about the benefits program and how it compares to other people. And I'm hoping other people have an interest in that as well. I
just got an email.
So do we have consensus to ask staff? And of course, there are other priorities at the moment. But we do have consensus. Okay.
Yeah.
Okay. And the second item is that October 18th will be the annual town hall for District 4. This will be a non-political event. There will be no T-shirts. There will be no lobbying. This will
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the things that are going on in the city, to meet the staff, and to ask questions. So we will be at the Florida Solar Energy Center. And again, that's on Tuesday, October 18th. Last year we had a good turnout. I hope we will this year too. Thank you.
Thank you.
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Last week I had the opportunity. I want to give thanks to the mayor for
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We went out to Merritt Island High School with a couple other gentlemen and helped teach the students, all the males out there, how to tie ties. That was a good event. Got a chance to actually hear from the kids and get a different perspective. So that was pretty good. Also,
I
had the opportunity to attend Endeavor Elementary. They were bringing in a new trailer. They're
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it's going to be available to the students and the teachers and staff out there. And ‸ in the upcoming years, it's going to progress to where the whole community can use this clinic. So
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Another thing, we had the trash pickup. We had a bit of a problem with locating the equipment for the trash pickup. So forgive me on that. We will schedule another trash pickup.
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Yes, sir. So I got a
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So she wants to hear Mr. Bryant kind of explain what we're doing. I know you talked to me about it as far as what we're doing about the Bernard Street Pond and also Bracco.
So throughout the week, kind of really after we had that big rain event about a week or so ago, we've drawn down the levels of Bernard with the trash pump there. That goes into Bracco. Bracco, the weir is up, which means we're letting out as much water as we're allowed to. We actually altered that permit this year. So we're reducing everything down to as low as we can. And, you know, unfortunately, when we get those eight inches in an hour and if we get some of that through these next couple days, the system will surcharge. And that's a low area that normally floods. So it probably will flood. So I would encourage those ‸ in those areas to stay out of the roads, you know, do their best ‸ if they need sandbags or reposition their vehicles so they're not in those low areas to do so beforehand and just kind of make prior plans for that.
Yeah, so I know we talked about ‸ maybe future plans in that area. You know, ‸ we had ‸ people don't know, you know, last two weeks, you know, we always we had seven days straight of rain, but ‸ two cars got stalled out on Lucas water inside the floorboards. So it's really bad in that area. So I think that's something ‸ I believe it was a failure in the past. And you know, it's always hard to correct those things. But I believe that I know financially it's always a concern for sure. But we need ‸ to look into, you know, trying to fix that problem. Next thing is just ‸ everybody be safe. You know, ‸ we don't know what's going to happen with this storm. My wife has been deployed right into the storm today. She got a call at 2 o'clock and so now she's in Tampa in Riverview area. So pray for her as well and all the other nurses and first responders that have to go into the fight. I didn't want her to leave for sure. But, you know, when duty calls, you know, you got to do what you have to do. So pray for everybody in the city for sure. Stay safe out there. And we still have a lot of sand left, I believe, on Railroad Avenue. There's some other places that we have in the city. I know I'll be out tonight and also in the morning as well to help out whoever needs help. So you always contact me, especially some of the seniors in the area who cannot get out and get the bag. So just contact me if you have an issue. Thank you.
Okay. Thank you very
much, sir.
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Think during the storm. That's the main thing. Something happens outside. Go out and
fix it.
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Yeah. We'll get a lot of rain. I know my suit can water. I can run a boat, airboat. Catch fish.
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I'll be
short
and
sweet.
We had an all-female village event today. That is Mrs. Tucker at 490 Whaley Street. We acknowledge another female veteran who
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And I want to just say thank you for all the citizens that participated, ‸ city staff and organizations. And she has her family, nieces and daughter there as well. And it was a fun-filled event. It was an event that goes to show you when you drop from the well, you put back into the well. And this is indicative of the great city of Oklahoma. Protecting and supporting their very own. Charity begins and this is built at home first. At home. At home, yes ma'am. So we thank you for your support. And on that note, say your prayers. Help your neighbor. Young or old, if you see trash in the
guns
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pull it out. If you can help out, yeah, we are our brothers and sisters. Keep them. Buy local, spend local. Keep it local. God bless America. We entertain a motion to adjourn. Motion to adjourn. And we have a
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favor of saying aye. Aye. Thank you, Steph.