Built from the City's minutes records — no AI-written textBriefing final
The City's record
What the City's record shows
Built only from the City's minutes (621_PZ_Reg_Minutes_09_04_2024.pdf). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
Listed present when the roll was taken: Wesley Park, Todd Anderson, Aleck Greenwood, Tamisha Findlay, Frank Manfredi, Marybeth Burgess, Katherine Stewart
(Checked against the ballots and the printed roll lines; no independent membership list of this board is available to confirm that the roll is complete.)
Listed absent: Ron Chabot, Marcus Wheeler
Also listed as present (staff and other roles): Abbey Bass (Assistant City Clerk), Jennifer Webster (City Planner)
Named on at least one ballot later in the meeting: ANDERSON, BURGESS, FINDLAY, GREENWOOD, MANFREDI, PARK, STEWART (participation, which can differ from the roll: arrivals and departures are in the minutes' text)
Adopted actions (5)
to APPROVE THE SEPTEMBER 7, 2024 REGULAR MEETING AGENDA AS WRITTEN (moved by ALTERNATE MEMBER STEWART, seconded by MANFREDI); PASSED 7-0; ayes: PARK, ANDERSON, GREENWOOD, STEWART, BURGESS, FINDLAY, MANFREDI; nays: none — the City's minutes, pp. 1–2
to APPROVE THE JUNE 12, 2024 SPECIAL MEETING MINUTES AS WRITTEN (moved by ANDERSON, seconded by ALTERNATE MEMBER STEWART); PASSED 7-0; ayes: PARK, ANDERSON, GREENWOOD, STEWART, BURGESS, FINDLAY, MANFREDI; nays: none — the City's minutes, pp. 1–2
to RECOMMEND APPROVAL TO THE CITY COUNCIL OF ORDINANCE 08-2024, A CITY-INITIATED REQUEST OF A FUTURE LAND USE MAP AMENDMENT CONSISTENT WITH FLORIDA STATUTE CHAPTER 163 TO CHANGE THE FUTURE LAND USE MAP DESIGNATION OF (20) PARCELS OF REAL PROPERTY TOTALING APPROXIMATELY 3.36 ACRES FROM “COMMERCIAL” TO … (moved by GREENWOOD, seconded by ANDERSON); PASSED 7-0; ayes: PARK, ANDERSON, GREENWOOD, STEWART, BURGESS, FINDLAY, MANFREDI; nays: none — the City's minutes, p. 4
to APPROVE THE ZONING MAP AMENDMENT CONSISTENT WITH APPENDIX A, ZONING, ARTICLE XXI, TO CHANGE THE ZONING MAP DESIGNATION OF (18) PARCELS ALONG COCOA PLACE, TOTALING APPROXIMATELY 3.1 ACRES, FROM RU-1-7 “SINGLE-FAMILY RESIDENTIAL” TO C-N “NEIGHBORHOOD COMMERCIAL” AND TO ADOPT THE WRITTEN FINDINGS … (moved by BOARDMEMBER GREENWOOD, seconded by ALTERNATE BOARD MEMBER STEWART); PASSED 7-0; ayes: PARK, ANDERSON, BURGESS, GREENWOOD, STEWART, FINDLAY, MANFREDI; nays: none — the City's minutes, p. 5
to ADJOURN THE MEETING (moved by ANDERSON, seconded by GREENWOOD); PASSED 7-0; ayes: PARK, ANDERSON, BURGESS, GREENWOOD, STEWART, FINDLAY, MANFREDI; nays: none — the City's minutes, p. 6
Agenda (the City's wording)
The City's agenda for this meeting is on file (PZ_Reg_Packet_09_04_2024), but its item list has not been read reliably by machine yet, so no outline is shown.
Transcript Partial transcript
Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have
not been checked against the audio, so words, numbers and names can be misheard.
It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's
minutes do that (above).
A time links to its passage, and “Copy link” copies that link. No recording can be started from here.
134 suspect passage(s) marked in place; inspection incomplete: language review; 2 stretch(es) where a voice was detected and no words were recognized.
How this transcript was made. New machine transcription of the whole recording, with 8 voices separated from the audio.
8 short machine repair(s) (10 word(s)) are labelled in place, with the original words beside them: an ordinary word was replaced only where two further machine readings agreed on a different one.
Checks run on this transcript: the recognizer's own warning signs and whether a voice was detected where the words are. Not completed: language review.
A second, independent machine reading was compared with it word by word: the same words for 85.4% of 7,425 content words.
Dotted words (143 places) are ordinary wording differences: hover or tap to see the other reading.
134 passages (29% of the words) are marked suspect: their words are not shown ("unclear audio") and support no statement: numbers, amounts, negation or names differ; the language review questioned them; or no voice was detected there.
Agreement between two machine readings is not verification.
Inspection is incomplete: language review.
Voice detected, no words recognized (2 stretches). Something may have been said here that the transcript does not have:
00:15:07 (4 s) — neither reading has words
00:22:12 (2 s) — neither reading has words
Speakers were separated by voice. A plain name rests on evidence tied to that voice; “provisional” is a name from an earlier text-only pass and is not verified; “Speaker N” is an unidentified voice.
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.
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All in favor? Aye. All right. Ayes have it. The second item is the last month's minutes. Has everyone had a chance to look over those minutes? Anyone like to make a motion to approve or amend?
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Place, which are currently incompatible from a redevelopment standpoint. The goal is to amend the city's future land use map to a category that will allow the expansion of current single family use and the future redevelopment of property. So just a reminder of the relationship between future land use and zoning, that future land use categories help guide the growth and development of a community while zoning designations define the specific standards for how land is to be developed. As explained by Florida's Growth
are required to be implemented by the standards established in the zoning standards. This is the reason that in Florida specifically, future land use categories and zoning designations must be consistent.
designation of commercial as shown on the left map. However, the current zoning district of 18 of these parcels is RU1-7 single family residential and two are RP residential professional as shown on the map on the right. ‸ So the subject parcels were platted and developed as a single family residential neighborhood in 1959. The future land use subsequently became commercial to be consistent with the surrounding character of development. Single family residential as a land use is not compatible or permissible within the commercial future land use. Furthermore,
It was recently brought to the city's attention that one of the property's primary structures was completely lost due to a fire. Because the lot is now vacant, a single family residence cannot be reconstructed until the future land use and zoning designations are consistent and are established such that a single family residential is an allowable use. So upon the review of the standards for future land use categories table in the city's comprehensive plan, staff determined that the current zoning and future land use of the subject
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any expansion of current use or redevelopment should it be necessary due to loss of property or voluntarily. Staff recommends amending the future land use to neighborhood commercial. residential. This category allows the development and continuation of single family residential use. As part of this correction, this request is in combination with the request to also rezone 18 of the 20 parcels to the neighborhood commercial zoning district referring to ordinance 9 2024 to be presented in the next agenda item.
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and are less than 1000 feet from a variety of residential uses. 18 of the parcels are currently single family homes. This future land use supports commercial uses, but is transitional as it allows for small scale commercial and multifamily in between single family and large scale commercial.
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package ‸ to the state for Department of Economic Opportunity Review, and then adoption by the city council by a second hearing. Staff has determined that the request for an expedited state review for comprehensive plan amendment complies with all relevant sections of the city code of COCO of the ordinance and comprehensive plan. Staff recommends approval of the requested expedited state review comprehensive plan text amendment. In conclusion, staff also recommends the planning and zoning board recommend approval to the city council of ordinance 08 2024, a city initiated request of a future land use map amendment consistent with Florida statute chapter 163 to change the future land use map designation of 20 parcels of real property totaling approximately 3.36 acres from commercial to neighborhood commercial.
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So by future redevelopment, we mean with the lots being existing as they are single family residential. If anything were to happen to one of the homes due to loss of fire, for example, like what actually happened to one of the properties, or if someone wanted to demolish and voluntarily demolish and redevelop the lots as they are, they could do so as single family. residential.
Any future development, the other options that come along with neighborhood commercial is a small scale multifamily and small scale commercial. So that that would only be able to happen if there was a case where a number of lots would be able to be combined into, you know, ‸ so that the lots and the development is more cohesive with the standards and the ordinance for. For the neighborhood commercial zoning category.
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It's the one with the real steep roof that's light blue with the ‸ scales. And, uh, of course that used to be a house and it was a real estate office ‸ quite some time. Uh, how does this change affect the two existing commercial? Is that grandfathered in?
Yes, actually the, the residential as I'll describe in the, um, also in the zoning ordinance amendment that, uh, that residential professional that use of those two properties that are adjacent to us one. Uh, is, um, one of the only zoning designations that is compatible with neighborhood commercial. So what we're doing is we're aligning the future land use with the zoning to, to create a compatible situation where redevelopment is possible. I
understand that. And I support that. It's just that the other questions when certain words come up, it makes me want to consider another possibility for what's existing. Um, so we're basically not, uh, this change is not going to allow anything drastic later. And under commercial, uh, that does not allow, uh, is there variances that will allow to put bars and things like that on the street there?
do know that, um, restaurants, small scale restaurants are allowed in the neighborhood commercial zoning district. Keeping in mind that neighborhood commercial is a much smaller scale than general commercial, which ‸ a lot of a property and, and which
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So I don't want them to later it because what I see in front of us, I understand and support it. I just don't want the residents to be harmed later for a surprise that may be, wait a minute. I thought this was to keep what we got. But when you mentioned that somebody can buy multiple properties, put them together and then make, um, a low density commercial. Is that how we called it?
It doesn't stop there. There's a lot more in the city that it needs to be, uh, addressed similar to this. Uh, and that's something I'm going to bring up under open discussion. But, uh, for this, if it isn't anything that could harm the residents in the future and later on, they end up having a bar with outside liquor and lights and all that.
US-1. Those are zoned residential professional, which is a category within neighborhood commercial, which is an example of, say, a home that was converted into a professional business, say, a small accounting firm or law firm or one or two-chair barbershop.
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All right. So the final question I have is this future land use map change, does that bind us to doing something with the next ordinance? I mean, is this independent? Are these independent issues as in we approve commercial neighborhood for future land use? It is not requiring us to approve the next ordinance, or they both fall flat if they don't both move forward?
approval, ‸ only the zoning districts that are allowable in the neighborhood commercial future land use ‸ would be the only options for you to choose from. And so as Jen has said,
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That's... Come... Restricted commercial. Commercial restricted. Residential professional. Professional services. And PUD. So, and PUD is very common to a lot of the zoning districts as a special agreement.
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Thank you. So, at this time we'll open this up to the public. Again, I'll let you know that this item is for the future land use change and the next item is for the zoning change itself. Just to give you a heads up. So, everyone, anybody who'd like to come up and speak on this item, you're welcome to do that at this time. Okay, ma'am, you have to just,
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We don't anticipate there being, as the use will remain the same as single family residential and Brevard County will continue to use that use for that property use for tax purposes. So, we don't anticipate that there should be a change in property taxes.
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this is a, we felt, staff felt that this was a logical remedy because currently the future land use is large-scale commercial. So we were trying to, and with the fact that it's single-family residential zoning and large-scale commercial future land use, no development could happen at all because of that discrepancy. So
type zoning, that down using it back down to neighborhood commercial and then getting the zoning category to align with that was a reasonable compromise ‸ that would still maintain consistency with the surrounding land use. So, but we, but like I said, we anticipate, we do not anticipate that, that that type of development would happen anytime soon.
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because that is the appropriate zone for it. They would have a high probability to receive it. And then you would be literally on your street surrounded by people like that. So we can't stop what's already been developed, but we're trying to prevent, I believe, that from happening to the rest of the street.
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The staff, I need to see if you could answer this as an example for her concerns. And her question was legitimate. If somebody, a developer, was wanting to buy the property that's fronting US-1 and several other properties behind it, and that, of course, would allow enough land where possibly a Dunkin' Donuts could be built. However, the method it takes to get that approved is that where a person has to ask for a variance,
up, like she mentioned, and buy the front lot, which is very commercial, both of them, both corners, and if they add the other properties next to it, they would have a much larger commercial plat. ‸ So what would be the process of a person wanting to do that? And
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There are restrictions on the restaurant that outdoor entertainment would be prohibited, that the restaurant would be required to close no later than 10, Sunday through Thursday, no later than midnight on Friday and Saturday, and the walls and or opaque vegetative screening buffers shall be required between the restaurant and adjacent properties with residential designations. There is also a minimum lot size
for the neighborhood commercial zoning, and this is something I was going to cover in the next ordinance, but the minimum lot size requirements for all of the sub-districts of the neighborhood ‸ commercial have a minimum lot size of 7,500 square feet and a minimum lot width of 75 feet. So I believe all of these lots are currently only 60 feet wide.
why we would say that any sort of non-residential development, or I should say non-single family residential ‸ development that would happen would need to conform to the minimum lot requirements for ‸ the
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permitted to develop according to those standards, but we're trying to to to we're trying to minimize the impact of what that would be by using neighborhood commercial as our designation.
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land use, which is commercial. So, um, but the, the zoning being have being are you one dash seven single family residential just by definition of our in our comprehensive plan that the future land use of commercial and zoning of single family residential aren't in alignment.
up the zoning to neighborhood commercial, we are trying to better align it, um, while still allowing the single family residential use, which is an allowed use in neighborhood commercial. So, it's one of the options if someone were to choose to redevelop, they could do so a single family.
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the property owner that let us know and that brought it to light that this was a problem. And so we are very, um, we're sorry for that loss and we've already expressed that to the homeowner.
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how much parking do they have to have without being on the streets? Because if they're on the streets, then nobody comes down there. If a lawn truck is there or somebody doing work on the house, it blocks up the whole street. Where are they going to park?
would require parking on site, which could prevent possibly that idea of a duplex and four cars there. You're right about that. All right. But it would require on-site parking. You cannot count street parking to satisfy on-street parking because the code requires that you provide parking for the project you're going to build on the site that you want to build it.
It is not. And that's what I wanted to- I wanted to reassure and just clarify that the person you mentioned that is the new owner of that property would not be able to build a duplex at this time because the lot- And that one thing, another thing I was going ‸ to cover in the next item is that the lot is non-conforming by our current development standards. However, where there is a non-conforming lot, a single family home would be able to be built. So with the lot being non-conforming dimensionally, as per our current residential standards, the only thing that can be built on that lot is a single family home.
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the board decides not to recommend approval of this ordinance or the following ordinance of rezoning, um, ‸ there is a standstill for any kind of develop development. So where, for example, the owner of the, the property that is vacant currently would not be able to do anything until a reconciliation of some sort happens between the future land use and the zoning.
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mean, remember that you're making a recommendation, right? So the city council could, if you decided, the board decided you wanted to recommend denial of, of this, um, suggestion, the city council could decide differently. Just.
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A zoning map amendment also for Cocoa Place. This request is in consideration of the zoning map amendment to change the zoning category of the 18 parcels of real property totaling approximately 3.1 acres from the city of Cocoa zoning district.
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This request is also concurrent with a request to change the future land use category of all 20 parcels from commercial down to neighborhood commercial under ordinance 08-2024. And this presentation assumes that request has been heard and granted by the board. As previously stated, 18 of these parcels are currently zoned.
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professional. The two RP parcels are to retain their zoning as RP is compatible with neighborhood commercial future land use. On the right would be the result of the zoning map amendment with the 18 parcels being neighborhood commercial zoning and the eastern most end parcels remaining residential
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However, in accordance with appendix a zoning article 10 nonconformities section 3 in any district in which single family dwellings are permitted a single family dwelling and customary accessory billings buildings may be erected on any single lot which is of record. Even if it is nonconforming due to its dimensions. Any new homes that are erected will be required to meet applicable setbacks without needing to obtain a variance.
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that they are no longer non-conforming and that the parcels can accommodate the new development. And that's speaking to any future multi-family or neighborhood commercial, small-scale commercial. The lots would
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land use patterns, school districts, consistency with the comprehensive plan, traffic, storm water and other utilities and public services, and has determined that the zoning change will not negatively or adversely affect, impact the neighborhood or surrounding areas. With regard to concurrency, the maximum density increase possible as a result of the rezoning would be a net gain of 27 units. This is minimal and is not anticipated to negatively impact public facilities, particularly because the property is adjacent to a major arterial of US-1. However, because the lots are non-conforming in nature, the density is likely to remain unchanged, and no further impact of public facilities is
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All right. Thank you, ma'am. Anybody have any questions for staff? All right. Seeing no questions, I'll open it back up to the public on this item. Anybody from the public like to speak on this item?
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Is there Abby? Nothing? Are you sure? Well, you know I'm going to want to be on top of that. All right. and we'll go on to other business. Item six. Yes, Go ahead, sir. um There's a couple of points. uh From last time uh last time that we met, I had uh mentioned about an advanced septic tank system, and I've done more homework on it. I'm even more impressed. It's called
um I didn't bring the paperwork. I didn't have time enough to make copies of it to bring to the meeting, but I wanted the staff to be maybe a little familiar with it, which I can bring it later. uh It's a very big advantage financially as well, which also saves trees and tearing up the River Road and things like that, because as I mentioned the last meeting, uh there's a lot of older homes there, and some of their uh septic tanks, some of them are in the rear of the property, not in the front. uh So that could be a devastating um cost prohibitive uh job to try to upgrade it. But this on-site uh septic tanks are an advanced septic system. uh They're saying that its lifespan is almost double or triple than the old septic tanks that we have, uh and I highly recommend that we probably uh provide a little more information about it. uh Maybe I'll try to get the information that I have access to to have it shared in case the council brings it up for discussion, because
I'm going, I think thethe best thing that I should do is prevent to present it to the council, if I'm correct, uh about the importance of looking on our ordinances, because I think that with this recent development uh of someone wanting to um utilize a piece
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know, is it the right way to do it by just seeing about asking for a variance? And if it gets supported, fine. If it doesn't, it doesn't. Or should we change the ordinance to not allow um something as severe as that just by merely asking for a variance? I'm not asking for an answer now. But uh this is something that I'm really going to be uh presenting and seeing if there's a way that we can solve and prevent uh what what what happened. And that was the only other thing I wanted to share with the board. uh uh Because a lot of these ordinance that we have, unfortunately, i'll give you a little background. And it's not good. We had uh a person that was in the planning zoning department.
were harmful to the city that he supported. uh And I'll never forget the day that this person single-handedly shown how an adult company and assisted them in opening for business in the village.
So these people that are there operating could sell and continue it and even get larger. So the importance of loopholes like this that was changed. I think we really need to look into it because it could really create some problems and lawsuits because when a person is granted a variance, it's very easy to give it very hard to take it away. Right, Todd?
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The reason I'm pointing out Todd is he was on the City Council also and he's done a lot of homework about this stuff. That's why I knew that he would be uh in the position he's in right now, as he stated. So i I just want to bring this up as a heads up for the staff
on how they feel. uh Correct me if I'm wrong. Is this something I need to present to the council to get the ball rolling? Or would you all suggest a different way for me to do this? Should I start with the city manager and start that way? What would you all prefer?
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So, um I think, first of all, I would recommend that we, uh you know, not discuss changing zoning ‸ or making, you know, changes until that matter has concluded.
um and you know, but as a general matter, the part of the board's duties, this board's duty, uh as a planning and zoning board is to study, um the zoning of the city and make recommendations as a board. If you feel that that is appropriate. So, um
or open discussion at some point, um later when, when that matter has concluded. um but you know, so, so you could discuss it as a board, um or certainly you, uh you know, Mr. Greenwood on your own as an individual could make, you know, statements during a city council meeting. Well,
and we had a individual show up here, because they all of a sudden wanted to start, the city wanted to start charging um fees uh for gravel to be installed that never existed. um And um the way that it developed,
step further, which they were suggesting very expensive materials other than the white lime rock that a lot of people use. That is a very quick fix. It uh satisfies drainage issues. uh
And this board showed that they would like the, um code enforcement to stop, uh uh re to stop the method they were taking about this subject because it really wasn't discussed and it really wasn't finalized. And this board showing a consensus helped to convince that we need to leave everything as it was. And that's how I understand it, that it was left. We had, uh ‸ not only it involved me, but there was also another residential uh person that owned property that had put gravel down the lime rock.
saying, you need to go get a permit. We don't allow it anymore. Things like that. And finally it was, uh discussed that, they should leave it as it was. So that's an example of what this board was able to
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one person that altered these ordinances let that expire. So there's two primary things that this board has done that I think is extremely significant uh
All right. Thank you, Mr. Greenwood. Anyone else? All right. Well, then I will read this text that says our next regularly scheduled meeting will be October 2nd, Wednesday, October 2nd. uh
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:56:03–00:56:13 · unresolved: the words are not shown (unclear audio); listen to the recording