Stone Street, Cocoa, Florida. I'd like
to
call the order of this meeting. We will have a Pledge of Allegiance by Deputy
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with roll call. And we will proceed in that order. Thank you, ma'am. Would everyone please rise for old glory.
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To the flag of the United States of
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and justice for
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God, thank you for allowing me
to
be here ‸ another day. Thank you for another day of life, health, and strength. Lord, bless us that we go through this meeting that we make sound
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voice that they may return home to a safe home.
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Mayor Blake.
Present, ma'am.
Deputy Mayor Hearn.
Present.
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Here.
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Here.
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And City Manager Witten. Thank you.
Thank you very much, Madam Clerk. Proceeding on
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2024.
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most
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approved. We have a motion
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Second by the Chair.
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All
in favor by saying aye. Aye. Aye. And
then
nays, ayes have it unanimously. Proceeding forward to item number
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What are the wishes of Council?
most
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approved. We have a motion
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Second by the Chair again. All in favor by saying aye. Aye. And then nays, ayes have it unanimously.
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We would like to bring them on with a round of applause, please.
Thank you, Mayor Blake. Yes, sir. Council members and city managers,
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Thank you for the opportunity to share with you kind of a snapshot of how we're doing in Brevard Public Schools.
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I'm just joking. I'm joking. God bless you.
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lot of information to share and the PowerPoint helps me organize it.
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So up in front of you right now on the screen is the logo. This is our logo for the year. Our mission statement is to serve every student with excellence as the standard. And our motto this year is achieving excellence together because we know that we can't do this alone. It requires the work of a lot of people, a lot of big people to help our young people grow and mature. ‸ You might see the bright red A on the screen because for the first time in five years we are once again an A school district. The state of Florida grades its schools and also grades its districts. So it's the first time in five years that we've been graded an A as a district. So that's pretty big news. So one of the things I want to talk about is academic achievement. That's really what we get measured by the most. And last year we had a banner year. So I want to share some of that with you. So we have an increase in English language arts in every grade level that is tested. So the state tests our students in English language arts, mathematics, science, and a few other subjects.
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state assessment. And in every single tested grade level, so all grades three through ten, we improved our English language arts proficiency scores. It might be the first time that Brevard's ever done that in every single grade level. One of
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And that is a
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last year than in previous years. In math, we're tested in eight grade levels. And we improved in six of those eight grade levels.
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typically a high school test. And we improved in two of those three grade levels.
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And we improved in all three grade levels in social studies.
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ask for like one single data point to measure the success of a school district, it would be the graduation rate. Now, we typically tie the graduation rate metric to high schools because ‸ the graduation rate metric is basically the percent of students who graduate high school on time in four years. In other words, once they enter high school in ninth grade, do they graduate in four years as 12th graders?
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So our graduation rate is actually from the previous year.
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District-wide,
it's
a graduation rate. And
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across the district. That's pretty big news. That's a pretty big achievement. We're hoping to be about 91 or 92 percent this ‸ year. So all of those academic indicators improved last year. Shows great work by our teachers and our students in the classrooms. So 37 of our schools achieved a grade of A last year.
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53 of our schools achieved either an A
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an A or a B.
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Like I said before, 10 new A schools,
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Ralph Williams. No school with a grade of D or F. And that's the first time in several years that we haven't had a school with a grade of D or F. We'll talk about that a little bit later. But the fact that, you know, so many of our schools improved is a testament, again, to the hard work of the teachers and students in the classroom. So 18 schools improved their grade. And ‸ that's really something to say as a district that we moved. We'll look at some individual schools in a few minutes.
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So I want to talk a little bit about human capital. Anybody that's a business owner knows that the country is facing a staffing shortage, staffing crisis. And schools are no different. We're facing a teacher shortage.
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doing as a district with our human capital, with our human resources, with our people. So one of the big things is that we're opening this school year with a negotiated contract agreement with the teachers union. So we're opening school, already negotiated, done with our teachers union for the year. That's the first time we've done it. And first time we've done it prior to school starting that anybody can remember. Typically, we get our budget from the state in the middle of the summer. And then we start negotiating.
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We really didn't get our final budget number. Final budget number is until late May, early June. But we aggressively negotiated with the teachers union. The board gave us additional resources. And we were able to come away with a contract that's negotiated before we begin the school year. So again, ‸ anybody that's ever had to work with unions and negotiating contracts and stuff like that, this is a big deal for us. We are
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Actually, 95 is the number. On the opening day,
we
had 95 teacher vacancies advertised. Last year,
it
was 187.
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We're really 98% hired on the first day. So most businesses would be really excited to be 98% staffed. And we're excited to be 98% staffed.
Absolutely.
In fact, this Monday, yesterday, we only had 45 teacher vacancies. So two weeks after we opened school, we're already down to 45 teacher vacancies. It's really good to be 98%, 99% hired.
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hard. Because if you have a classroom of students without a teacher, that's not where we want to be. So we want to be 100% hired. So we're going to keep working on that. One of the things that we always hear about is late buses, late buses, late buses. And over the last several years, it's partly due to a staffing shortage, not having enough drivers. And this year, we're able to open the school year with a driver for every bus route. So every route that we're running, we have a driver slated to drive that route. Now, that doesn't mean we don't have any late buses. There's always late buses.
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are getting used to the bus stops. The
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getting used to the routes. Sometimes we have to shift kids from one bus route to another when we're looking at traffic and stuff like that. So we still have some late buses, but we are fully hired as far as the number of routes that we are serving right now. And that's a huge testament to the work that our transportation department has done and our human resources department. You may recall a year ago, in the summer a year ago, we increased
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And that helped us hire a lot more drivers. One of the other things we did was we made sure that we were addressing student misbehavior on the buses. Last year, we did a much better job with that. So a lot of our drivers stayed with us last year, stayed with us this year. So that's one of the reasons that we're able to be open, fully hired with a bus driver for every route. So in human capital,
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Some program improvements that I want to share with you all. Something that is kind of unique to us. This year, we have a
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So that's a teacher that's going to be dedicated to teaching kids enrichment classes in science, technology, engineering, and math. Now, for the last couple years, several of our elementary schools had a STEM teacher. So if you're not familiar with elementary school,
let
me remind you of your days in elementary school. You had your ‸ classroom teacher, and you spent most of the day with your classroom teacher. But at some point, you went out to art, or you went out to music, or you went
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And so a couple of our schools had STEM as one of those electives for elementary kids. So they'd be with their regular teacher most of the day. But then one day a week, they would go spend some time with a STEM teacher and do some cool stuff in STEM. So science, technology, engineering, or math experiments, or something like that.
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In
fact,
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it was about three that had a STEM teacher. So
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meeting a little over a year ago, and one of the parents said, hey, I just want to bring something to your attention. We moved here a couple years ago, moved into a great neighborhood with a great school. My daughter's in elementary school, and she's going to the school. She loves the school. Her favorite part is the STEM class. She gets to go to the STEM class once or twice a week. She really likes it. It's awesome. Well, this year we moved to another great neighborhood in Brevard County with a great school. They don't have a STEM unit. So now my daughter's not as excited about school. She says, we're on the Space Coast. Why don't we have a STEM unit at every elementary school? I did not have a good answer for her. We are the Space Coast.
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We have a lot of engineers. We're educating their children. Why shouldn't we have a STEM unit at every elementary school?
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elementary school. Well, that's 57 elementary schools. That's a lot of money.
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money? You may recall, two years ago, the voters of Brevard County passed an increase in their property taxes, a discretionary property tax millage. 80% of that income goes towards compensation for all of our employees, teachers, support staff, administrators, everybody. But the other 20% goes to enrichment, goes to extra programs, things we're doing to enrich the lives of our children. So we're using some of that enrichment money to provide these 57 STEM teachers at all of our elementary schools.
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the road. So all of our children are going to be exposed to STEM in the elementary school, and hopefully that will lead to an interest in some science, technology, engineering, or math course in middle school and then high school.
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Some new CTE programs.
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at Cocoa Beach Junior Senior High School. That is something we actually launched last year, but this year, just last week, we cut the ribbon on an aqua dome or an aqua lab there. It's a huge greenhouse that has all kinds of tanks, fish tanks, that students are going to learn how to recreate the artificial ecosystems for places like aquariums, SeaWorld, the zoo,
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So this is a vocational program that the kids at Cocoa Beach and other schools can access where they get trained on how to recreate those artificial ecosystems and learn all about the marine science in the Indian River Lagoon and the ocean and how they can maintain those ‸ ecosystems either artificially or in real life. Next year, this year, actually, we launched space mechatronics at Tidesville High School. You guys know where the space goes, and we have rockets going up every three or four days or so. Used to be that they'd build the rockets somewhere else, then bring them here and launch them here. Now we have a lot of space industry right at the Cape that is building the rockets or building parts of the rockets. They need technicians.
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So the space mechatronics program started at Tidesville High this year. Those kids will learn how to build parts of rockets, and then they can be hired right away at the Cape when they graduate. We actually have an aviation program at O'Galley High School where a lot of kids learn those similar type skills, and some of the space industry companies have been hiring them straight out of O'Galley High.
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So now we have
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Next year, we're going to open an astronauts in space engineering program at Merritt Island High, and this is more for people who want to fly the rockets, who want to be astronauts or design the rockets or navigate the rockets.
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They have a huge astronautics and space engineering program, so that's going to be a partnership with them.
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is in two years, we're going to launch the Fire Academy at Cocoa High School. You may recall, you may not know, that we have a fire academy at Palm Bay High School down in Melbourne. So we're going to replicate that program at Cocoa High. If I remember right, you guys honored a couple individuals who got their fireman certification here not too long ago.
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Backing up, the second bullet says we
were
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designated a space academy district by Space Florida.
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by the state to attract business to Florida that supports the space industry. Well, that business needs human capital. They need technicians and engineers.
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are producing technicians and engineers.
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our high schools that can lead to employment at the Cape in a space-related industry. So we've been designated a space academy district. And I think of one more bullet there. Yes. The Adult Education Center at Clear Lake, many of you may be familiar with that facility.
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Well, we're
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goal is to have that as a technical college within two years. Many of you may have grown up in an area of the
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Students maybe went to school at a high school part
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get some skills or trade. Or there were adults in the community ‸ that could go to a vocational center and get some skills or trade. So we are going to have that at Clear Lake. It will be a technical college. And students at our high schools or adults in our community are going to be able to go there and learn certain skills and trades and get certifications. ‸ By the way, if you don't know,
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So we'll be able to get more bus drivers. All right. So I wanted to focus a little bit more on the Cocoa area schools for you all.
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we're going to talk a bit about academic achievement, academic performance. Took some schools and put them together on the slide for you. The first three, Cambridge Elementary, Endeavor Elementary, and Cocoa High School, are in the city of Cocoa. So they are in your city limits. But you guys seem to
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So I included them as well. So what we're looking at here is the percent of points they earned towards school grade over the last three years. And the good news is the blue column on the right shows a lot of significant improvement.
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That's good, even progress. We're going to see more there. But they've maintained their C. Endeavor was one of those schools that had been a D for the last couple of years. And they saw ‸ great improvement this past year. If you look, their percentage points jumped 24%. 24 points last year. From 23%, you know, points possible earned, to 47% points possible earned. Strong C there for Endeavor. Great work by the teachers and the students at Endeavor.
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I can explain that in a second. But they went up six points from last year. From last year, you know, two years ago to last year. 46 to, you know, from 40%. Saturn saw a 20% increase from 23 to 24. Emma Jewell, a 9% increase from 23 to 24. Fairglinton, 16% increase. And then McNair saw a slight drop of five percentage points. Still a strong C at 51%. All of our middle schools saw a slight drop. In one of those earlier slides, I mentioned that we had increased achievement in six of eight math-tested grade levels. And in two of three science-tested grade levels. Well, eighth grade math and eighth grade science, we saw a dip district-wide. And McNair was one of
the
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schools, too, that saw that dip in middle school. That eighth grade math test, I guess, was a little tougher this year.
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So that's why they saw a little bit of a drop. But we're still, you know, solid with
the
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C.
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as their target for next year to see how they can move up.
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So that's something that we have to work on. The state won't give you a
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be tested. And their theory behind that is they don't want you keeping certain kids home. They want everybody to be tested.
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you a grade. But of the students who did test,
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So let's talk a little bit about enrollment. So I wanted to show you a little bit of a snapshot. We are funded by the number of students we have in our schools. So
we
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got to have the kids in there to earn the funding to pay the teachers and run the lights and everything to have school open. So we always have to project each year in the late spring of how many students we're going to think we're going to have at each school and in the district the coming year. So we have the schools listed ‸ there on the column for you. And then ‸ the ochre color is what we projected their enrollment would be.
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are there. And then we keep counting throughout the next week or two. So you can see in the ‸ ochre, Cambridge was projected to have 505 students. They opened with 451. Right now they're sitting
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about 478 students, about 27 students
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Endeavor was projected to have 740. They actually opened on day one with 639. And right now they're at 739. That data is actually two days old, so they're probably over 740 by now, but 99.86%.
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or fourth week of school. So they're actually kind of ahead of schedule. They'll probably end up over projection.
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They opened with 1109. They're already up to 1428. 56 students shorts.
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the third week of school. So it should be a higher than 96% ‸ in the next few days.
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They
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So five more students over projection. And again, we typically get more students by the third or fourth week of school. So they're going to end up over projection.
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yesterday. So 13 students down, but they'll probably make that up.
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They opened with 440. They have 480 right now,
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And then you see McNair projected to have 290 students. Day one,
they
had 220. They've already increased that by 40 students. So they're down 30, 89%, almost 90%. So they should be within ‸ 100% pretty soon. So in the area, ‸ actual
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week of school. So we're not really too concerned that we're not going to make our numbers. We
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These families are going to show up. So really good news, though, for Endeavor to be this close this early. Usually they're our straggler as far as enrollment and that kind of thing. So really good job by them getting all their families enrolled and getting the kids to school. One of the things that I didn't pull data for, but want to let you know we need your help in, is attendance.
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they couldn't get 95% of their kids in the test. ‸ When we do administer the state test, there's a window ‸ of a couple weeks that we are allowed to give those tests. We can't get once the testing window is over, we're not allowed to give the tests anymore. They have to be administered within that window. So one of the struggles has been getting kids to come to school on a regular basis during the testing window so we can administer all those tests.
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the year to increase our average daily attendance to get kids to school, especially during those testing windows, because we want to make sure that they're there, give the opportunity to show what they know, and the school can earn its good, you know, it's the letter grade it deserves and not get an incomplete. That's about it for my presentation. Open up for questions if we do that.
Okay, sir. Thank you for a detailed current evaluation of our standards in reference of achieving excellence, academically speaking, sir. Being a retired school teacher, and you may want to like to expound on this. We do
have a few vacancies, Mayor Blake.
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Yes,
sir.
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A six-day count. And I want to commend you about that.
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six-day count district-wide as well, sir?
Yeah, so what Mayor Blake's talking about is, again, we get funded for the number of students that we have in front of us. And so the very first day of school, we count how many kids we have in front of us. And then we typically count again on day five. And then day six, we call the six-day count. That's the beginning of the second week of school. That's typically what we enter as our official count for the opening of school.
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us on that six-day is what we typically turn into the state as our preliminary count. And so the numbers that you saw right there were the six-day count numbers. We do have some still coming in. Like I said,
like
McNair, for example, enrolled a family yesterday, and we heard they're enrolling another family today. So they're already up one or two.
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initial projection to the state. This is how many students we have.
‸ We
are above or below projection.
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count.
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But our official account for the first half of the year will be in October. And
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to see how many students we have enrolled and are coming to school.
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They pull the numbers right out of the computer because all of our students have a state identification number when they're in school. The state knows when they're in school. So they'll pull our official October membership in October, and that's our membership for the first half of the year. That's what we get funded for for the first half of the year. The state actually does another count in February. Same thing. They pull our numbers out of the computer.
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decreased,
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some funding from us for the remainder of the year.
So there's a correlation of numbers based on funding. They go hand in hand.
Correct. And that's why we need to make sure the kids are coming to school. Yes, sir.
And last but not least, and then I'll turn the floor over to Deputy Mayor Hearn, is could you elaborate on the mentorship program, please, sir? All
right.
So two types. So student mentors or because we have teacher mentors now. Yes, sir. Elaborate on both, please. Okay.
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adults come in and mentor our students. One of the biggest ones is Junior Achievement. Jay has a great mentoring program. So if you're an adult in the community and you want to give back, you can contact Junior Achievement or reach out to me through the school district, and I can set you up.
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adults in the community who want to spend a little bit of time, you know, mentoring a young person, helping them grow and mature, you can do that through those ‸ agencies. Now, teacher mentor programs, we do have one of the reasons we feel like we were able to keep as many teachers last year as we did coming into this year is we really supported our brand new teachers last year.
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usually master teachers. We take them out of the classroom. And their full-time job is to go around and support our brand new teachers. So they'll go sit with them. They'll watch a lesson. They'll give them pointers. They'll deliver a lesson while they watch. They work ‸ with them to make sure they're supported. But we doubled the number of peer mentor teachers we had last year. So we invested in these peer mentor teachers so they would go out and support our first-year teachers. And one of the things we did was survey our first-year teachers at the end of the year last year. So this is back in the spring. We surveyed our current first-year teachers. One of the questions was, do you plan on returning to Brevard Public Schools next year?
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they were coming back ‸ for this year. So that's ‸ a huge retention rate. It's ‸ really a high percentage. ‸ And one of the other questions that asked why, and one of the main reasons ‸ they cited was the support they got from the district with their peer mentor teacher, someone helping them make sure they understand what it is to be a teacher and how to be successful.
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some kind of college
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So they didn't go to education prep classes in college. They never did lesson planning or anything like that. Some of them are maybe an engineer who now wants to teach math, or maybe they were a physical therapist. Now they want to teach biology. So they haven't been trained as teachers. So one of the things those peer mentor teachers do is help them learn what it is to be a teacher. So investing in these peer
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teachers. Pretty good stuff.
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First off, thank you for coming here tonight and presenting this information to us. Certainly hope you come back again and, you know, we
could
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work together on some of these initiatives. One of the things I wanted to ask, we know statewide, especially in the elementary grades, we've been having an issue with reading levels.
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And so my question is, are you guys taking a close look at increasing the number of ESOL specialists and reading specialists within the schools in Cocoa?
Yeah, so two ways we're attacking that. First, we have a district-wide literacy plan that's really founded in phonics. A few years ago,
we
went, not just us, but everybody across the country and in Florida, went away from using phonics to teach reading. And we did this thing called whole language, and I could spend a whole hour explaining what that is. But basically, it wasn't using phonics like we probably all learned how to read when we were in primary grades. So we're going back to that. And that's a really effective way to teach the basic concepts of reading, even for someone who has English as a second language.
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first and second grade, they're all going to be using some of these strategies.
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It's a district-wide reading program, and it's backed by research. So that's one thing we're doing, going back to the basics and how to teach reading. The other thing is, again, funded by that discretionary property tax millage. Thank you, voters, for doing that. We've hired additional instructional assistants in the primary grades. So all of our schools are getting additional IAs or teacher
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Some schools get more based on their need. So some of the schools that you talked about probably are getting more of those instructional assistants than schools who don't demonstrate quite the same need, if that answers your question. Yes, sir.
Thank you for that.
Okay.
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have any additional questions for Superintendent Rendell?
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Yes, sir. I know you brought up the attendance. Is the school board interested in partnering with the city? We're coming up with some sort of a program that maybe both of us can help fund? Because no money is always tight for everybody. But if we can do something, maybe top 20 kids, top 50 kids, they receive some sort of
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or a Wawa gift card or whatever we come up with.
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know we got to do that at church all the time to get the kids to come to a vacation Bible school. We got to give them free something. And so if you are, you think that's something that could, or you may already have that going on. I'm not sure, but maybe we can help facilitate some of that
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Your question is very timely because just last week we met with some leaders in South Melbourne and South Brevard about doing the same thing with four schools down there. So the principals at those four schools shared what they're doing to improve attendance. And then those community members thought about ways they could jump in and help with that. So one of the things that we came up with at that meeting we can easily bring to the city of
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some awareness campaigns that we can put out in
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some of the leaders in the South area are going to do it at their churches, but some literature that shows one day missed of school equals this much learning loss.
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know
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and generated to create kind of a an awareness, an acute awareness that like missing a day doesn't seem like much, but one day equals this much learning loss, two days, and so it starts to add up and you start to
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my kid goes to school every day kind of thing so that's a kind of a campaign they're gonna ‸ do, and then they're gonna ‸ fold in with each of the schools to see how they can support their initial, their in-school initiatives, but we can easily do that here too. we can put pull some people together and do that okay I'd love to do that thank
you
real
quick recently I read an article stating that they're looking at implementing
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within high schools I don't know if you guys had that conversation but if you did please keep Coco on ‸ you know in that conversation so
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has a Space Coast ROTC it has to be an Air Force affiliated
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take care of
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Appreciate that. Okay,
‸ Okay, let me commend you, sir, for 95% of the teachers returning from last year. to
95% of the first year teachers. Yes,
sir. But that shows you the correlation of commitment, the up-and-coming generation, because knowledge is power. And to maintain a level of academic excellence is imperative for our community and district-wide so I'm saying that report that you do have the first year
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continuity there. And that's the most important
‸ They just can't leave the profession and go be a mayor. they need to stay in the class yes sir well I
did both as you know I did both simultaneously but we thank you for coming forward and enlightening us in reference of our academic achievement here in
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like to recognize ‸ the chief operating officer Rashad Wilson is also in the audience, of
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Let's give him a round of applause. but Thank you
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because you're taking care of our most prized possession that is our children they are today's success, but tomorrow's future. So, ‸ Appreciate the
invitation. Come back anytime. Thank
you, sir. Sure.
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a round of applause and Dr. Rendell I would be remiss if I didn't acknowledge your lapel thank you for showcasing your
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sir very much all right this concludes awards and presentation we will proceed forward to delegations first on the list is JB Dennis
good evening
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to get behind me is a lot of my supporters saying I've been mean and aggressive at these meetings and my presentations so from the bottom of my heart I'd like to apologize if I offended anyone in the building and the business at hand I'm quite sure everyone has a copy of my second petition including the city attorney on the second page of this petition is what I call a memorandum of law to update the city of Cocoa about the homeless crisis I came up with one idea of the 400 block of main street
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from ‸ Old Cemetery, for a tent city. And ‸ also
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by putting four portal lists surveillance cameras away on a building for DCF to do out come out and do counseling and
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but uh I'm asking in a respectable manner that this petition be heard on the agenda ‸ and I quoted the first amendment of our ‸ freedom of speech on these issues so I'm respectfully requesting that this petition be placed on the agenda for discussion and if anybody got any questions anything they want to say like last time I was here somebody had some comments while I was on my way out the door in a hurry I apologize for that
Did you leave
a copy with the clerk? All of you should have a copy. Yes, including the attorney. well I submitted a memorandum of law that's right
I got
it
Okay, you got it? Okay. well I got one final question for the mayor When do you think we can get this petition on the agenda for discussion?
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at three minutes yes
I will collaborate with our city manager and I do believe in due process and we will proceed in that protocol manner.
Thank you very much. all
right
next
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good evening
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I just wanted
right
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quick I wanted to thank you Mr. Mayor Council City staff City manager and
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our police chief our fire department and everyone else right quick you guys have done a fabulous job. We always don't agree, okay but we do come together in a collaborative manner, and we listen to each other, and you respond and I thank you for ‸ that I've seen great changes in the city since
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and all in a positive way. And you guys continue doing the great work, even though we always don't agree. that's okay That's what makes us all human and our rights okay but just again thank you very much, and continue the great work, and I look forward to all the new ideas and things that are coming to the area. and together, we will make
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for everybody to live work play okay thank you guys Thank
you very much, ma'am next will be
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I apologize if I mispronounce your name
good evening
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Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 00:41:31–00:41:34 · unresolved: the words are not shown (unclear audio); listen to the recording
and I'm here to introduce myself to council and staff I'm
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and a four year
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recently I have purchased a property that has been distressed. I am the owner and manager of two properties The first one is 1803 North Indian River Drive Angel Hill and then the new property at 1808 Manor Drive Angel Manor I'd like to say hello to Mayor Blake and to Stockton and to the code enforcement officers who may be here this evening,
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and Mike Folger who I've had the pleasure of meeting repeatedly in the last couple of weeks. typically when I come before city council or commission or other boards I come to speak regarding property rights and I will touch on that this evening I also wanted to introduce myself to my councilwoman Lorraine Koss who I have not had the pleasure of speaking with in person.
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in the property
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and
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and see what we've done to improve
absolutely I'd
like that for that to happen Typically, when an individual purchases property they look at two things. They look at the crime index and they look at the quality of schools that a community has. and I think that the city has done a good job since 2018 when you were listed as one of the most violent cities in the nation but I still think that we have a ways to go. I would like to have a conversation with council about that. As far as the last couple of weeks are concerned I think that the city is doing okay but I also think that you can do much better.
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the meantime I thank you for this time
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We'll make sure you get my business card and we'll proceed from there. thank you sir yes ma'am thank you county and welcome next will be Mrs. Donna Retner ‸ excuse me
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or Kathy Klein
okay oh can I wait until our item is up?
okay okay which I Is that's public hearing number one
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Of course you can, ma'am.
thank you
you're welcome ‸ what's written is delegation so it's no worries no worries okay um okay well
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oh it's good I'll tell you what I can get up that was good she's my neighbor I'll just I wrote down a few things and I know there's other people that are going to be speaking, but my
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the first public hearing item, the appeal on the Board of board of adjustments decision then those comments need to occur during that item because of quasi-judicial proceeding
so you're speaking on behalf of Mr. Goldbeer
well I'm speaking on
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but so I'll just wait that
not on that
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can speak on the delegations,
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okay my
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Donna Kettner uh hello Mr. Blake hello greetings greetings okay um I just wrote down a couple of things. um
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at a crossroads. It's struggling to balance their need for visitor dollars with the quality of life for residents and maintaining a desirable and a sustainable environment for all 42 years running my store I have never blasted music outside for
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to hear it We have a noise ordinance for a good reason, but it's not being enforced unless we call I bought my house some 30 years ago in the village It was built in the 1920s. I have poured a lot of money for improvements to keep within the historical standards. my backyard is my sanctuary a place of peace and quiet. I would never have purchased my house if there was a bar lounge with loud music outside my house that I can hear on my front porch and inside my house. I don't think asking to maintain my quality of peace and quiet in my home is asking for too much for everyone should be able to come home to one's home and enjoy it and escape from the outside world we live in this is why I'm here tonight this council should be making good decisions on ‸ protecting the rights of the residents who live here unfortunately many of my neighbors could not attend because they are out of town I thank you for your time and please protect us from the noise pollution. it's not good for our health and I have a question How many of you live within the area of Cocoa Village to have to put up with the noise you are all I'll open up whatever you like to drink You are all welcome to my home so you can understand where I'm coming from
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property that wants to have a bar. that's before there's speakers music or anything else takes place so I am asking this city council to understand that I live in Cocoa Village and I do have more than the three minutes because
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and I took Kathy's time But it is a great concern of mine
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my business has been here over 30 years living here I am part of this community and
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quiet To have a place to come home to and have peace in my life and
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still hear the thumping coming from George and Dragon thank
you ma'am
okay thank you ‸ for listening and
I know you'll be back
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okay
um this let me make sure, do we have any additional cards from delegations madam
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Flag: numbers, amounts, negation or names differ between the machine readings · 00:49:29–00:49:32 · unresolved: the words are not shown (unclear audio); listen to the recording
this concludes this portion of delegations and we will proceed to consent agenda item What are the wishes of council
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we have a motion on the floor by deputy mayor Hearns and a second by councilman
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just gonna ‸ call the question all in favor of saying aye aye aye aye have it unanimously
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Flag: a language review questioned the wording · 00:49:57–00:50:00 · unresolved: the words are not shown (unclear audio); listen to the recording
there's a number of cards here this is the sensitive topic and I'm asking everyone to use proper decorum please be kind and respectful to each other It's okay for us to agree and disagree and still be civil. all right proceeding on to item number six dash one public hearing consideration of an appeal of a board of adjustment decision approving a special exception for a bar or lounge
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Flag: numbers, amounts, negation or names differ between the machine readings · 00:50:36–00:50:39 · unresolved: the words are not shown (unclear audio); listen to the recording
zoning district and the Cocoa Village sub district in accordance with appendix A zoning article 11 section 13C and section 22F of the city of Cocoa code the city council shall conduct
the
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appeal ‸ hearing
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now
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will talk to us about this particular item we will also have we have a presentation if I'm not mistaken as well Mr. City manager and also be mindful ‸ that May 15 2024
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sir
okay thank you mayor I'd like to make a few introductory remarks
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time as you know special exception hearings are quasi-judicial proceedings that means
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that makes policy decisions because the hearing is quasi-judicial each council member as the council is aware must approach its duties in an impartial unbiased and fair manner ‸ without any prejudgment of the issues generally the strict rules of evidence don't apply but this is a quasi-judicial evidentiary hearing where the council will consider evidence and weigh that evidence and ‸ make a decision an appeal of a board of adjustment decision is de novo that means it's a hearing anew while the board of adjustment may have rendered a decision
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Flag: a language review questioned the wording · 00:52:27–00:52:33 · unresolved: the words are not shown (unclear audio); listen to the recording
‸ the appellant the applicant as well as any other interested party the applicant in this case is farm bar
comer
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inc they received approval of ‸ a special exception for alcohol beer and wine sales as a bar or lounge with conditions that the board of adjustment put in its findings a special exception is a use that
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be appropriate generally or without restriction throughout the zoning district or district but which if controlled as to the number area location in relation to the neighborhood would promote the public health safety welfare morals order comfort convenience appearance prosperity or general welfare the council does have authority as I mentioned to hear this appeal in this case the appellant bringing this appeal forward is Alec Greenwood he's timely filed an appeal of the special exception decision from the board of adjustment Mr. Greenwood is a party of grief under the city code and because he lives next door to the farm bar property this appeal hearing is an open record hearing meaning the applicant and interested parties may testify and provide evidence
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is considered by the council because it's a quasi-judicial hearing on appeal from the board of adjustment as ‸ the council's aware there's certain code of ethics provisions that apply So just for the record I just want to have the council respond to the best of council's
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of this ‸ decision on this application would inure to any of the council's special private gain in other words
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loss from from handling this appeal
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I would like to hear from everyone
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it doesn't it doesn't impact me
okay okay councilman
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thank you sir
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all right
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judicial so each council member ‸ feels comfortable that they can render an unbiased and impartial decision regarding this appeal without any prejudgment coming into this meeting that is correct
okay for myself councilwoman calls
yes that's correct
deputy maher yes sir okay councilman goings yes okay
and in cases like this sometimes
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Flag: a language review questioned the wording · 00:55:31–00:55:35 · unresolved: the words are not shown (unclear audio); listen to the recording
may reach out to council members to try to discuss this particular appeal so under florida law any ex-party communications that council may have had regarding the merits of this particular application with somebody outside of this meeting ‸ need to be disclosed and mentioned on the record So to the extent that you had a conversation with an interested party including but not limited to Mr. Greenwood you need to state that for the record
okay for myself I did have a conversation with Mr. Greenwood I told him to be in attendance so he can hear my decision but that stops right there
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just notify me of the item
me
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visited the site maybe two ‸ three months ago I'll say maybe two months ago as well just to see it and I talked to the owner so those those two people
okay and I did talk to Chris the owner high scale I did have a conversation with him maybe about three months ago with the telephone but I did not render a decision I did just declare for the record councilwoman calls ma'am
yeah and I was notified about this by Donna Kettner we had an ever brief conversation because I was actually on my way here on in Minnesota this week so I have been in the area several times I know several people there and I'm you know aware of what the restaurant looks ‸ like right now I've also been privy to numerous conversations at my hair salon where people were talking about it those are people those are people that live in the area and have strong opinions
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she did not I have not spoken with
Alec
Greenwood
‸ yes ma'am
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the record to the extent that any interested party has any questions regarding those they can raise those at the appropriate time during the hearing
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the appellant Mr. Greenwood will have an opportunity to make a presentation then staff is going to give a background presentation regarding this matter
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and then of course any interested member of the public in attendance may present before the council the council can receive both verbal and written comments regarding ‸ this proceeding and then at the end we'll wrap up with a very very short rebuttal opportunity for the appellant the applicant and ‸ staff to address any issues that they think need to be addressed and of course ‸ along
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that's necessary and then lastly one
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Flag: numbers, amounts, negation or names differ between the machine readings · 00:59:26–00:59:28 · unresolved: the words are not shown (unclear audio); listen to the recording
before the hearing begins ‸ with the appellant I'd like to swear in any ‸ person that's ‸ going to testify and offer any factual or expert testimony during this proceeding in group so I can just do it one time ‸ if you're going to present tonight any factual testimony or any expert testimony other than any lawyers that may be here representing clients can I ask you to please stand and I can swear you in so those that are going to be if
you submitted the card yes
yeah I would just go ahead and swear everybody in just for the record because this is an evidentiary hearing
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you God okay let the record reflect we had
a group swearing
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in of those that are going to be presenting tonight so
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Flag: a language review questioned the wording · 01:00:32–01:00:37 · unresolved: the words are not shown (unclear audio); listen to the recording
questions for the appellant Mr. Greenwood to come up and ‸ give his presentation
okay
excuse me time
limit sir not for the appellant
well I mean we could if the council
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Flag: numbers, amounts, negation or names differ between the machine readings · 01:00:53–01:00:54 · unresolved: the words are not shown (unclear audio); listen to the recording
well I mean that would tip ordinarily
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Flag: numbers, amounts, negation or names differ between the machine readings · 01:00:58–01:00:59 · unresolved: the words are not shown (unclear audio); listen to the recording
ten minutes to start for the appellant
I'm going to be short because I'm going to have
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Mr. Greenwood
I said
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well it's probably not going to take that long because I'd like to introduce the ‸ people that's going to make the presentation that gives all the ‸ documentation but I wanted to do exactly what is required in order to follow the proper procedure that's all but while I'm up here I'd like to make a question was there any ex parte communication with the board of adjustment before their decision do you know or is that appropriate I
mean I think
that was
a question for the board of adjustment at the ‸ hearing ‸ tonight is a
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you have an opportunity to present whatever ‸ case you want to present
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Flag: numbers, amounts, negation or names differ between the machine readings · 01:01:49–01:01:50 · unresolved: the words are not shown (unclear audio); listen to the recording
you are you are the appellant yes
sir and then the group that's with me it's also appealing ‸ this is ‸ attorney Joe Caruso he's going to start the process I'm going to put the easel up and then you'll be also hearing from Glenn Kemp
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Flag: a language review questioned the wording · 01:02:07–01:02:11 · unresolved: the words are not shown (unclear audio); listen to the recording
I don't know what order it's going to be but they're going to be making the major presentations and then the rest of the public is going to want an opportunity to talk so let me get the easel for him so we can get it started ‸ okay
we'll
start the clock once your easel set up
let's hear from the attorneys first if you don't mind and then we'll proceed in the card order fair enough yes ma'am yes sir please nod your head if you're saying yes please ma'am or please sir thank you
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please pivot toward us a little bit more
yes
the gentleman that's sir with the gray suit on
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could you just slide over Mr. King
yeah would
you just slide over please thank you thank you
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Flag: numbers, amounts, negation or names differ between the machine readings · 01:03:28–01:03:30 · unresolved: the words are not shown (unclear audio); listen to the recording
one moment Esquire Caruso please
good evening uh Mayor Blake good evening sir members of the city council um
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is Joe Caruso uh I represent the
appellate
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and uh the group of
uh
budding landowners uh to the property in question I am a lawyer obviously I've been practicing law here for 57 years my office is across the street suite 104 behind the uh post office building and um tonight um
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is
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Mr.
Kemp
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is a uh
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by the state
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florida
he
has been uh doing uh appraisal work for over 40 years he um has uh been recognized uh by the courts of florida as an expert witness in appraisal and valuation matters and uh uh he has also been recognized by the board of adjustments uh throughout uh central florida as being an expert witness in that same area so I'm going to offer the testimony of uh Mr. Kemp as our first witness on behalf of the appellant and he is going to address you with regard to the impact on the if this if this variance is approved by the city council the impact that will occur with regard to the abutting and surrounding property owners to the property in question I have prepared a demonstrative aid
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good councilman go on
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yes sir
thanks
I prepared a demonstrative aid which shows um township 24 range 36 section 33 which is the area in question and I have prepared um color coding showing the location and ownership of the property and it identifies some of the owners of the property and others that will be testifying for you tonight the first thing that I would like to point out before I call these Mr. Kemp is this is the property in question it's in yellow so it is located in this spot here
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and it was purchased in ‸ 1999 and there is a total of 35 rental units and residence in three buildings on this parcel that's marked
in
red
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which is
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okay the property that ‸ you now see that is marked in three colors has got three owners the property owner that is in purple is Julie Meyer she has owned this property since 2005 the second owner is Alex Greenwood and it is shown in orange and Mr. Greenwood has owned this property prior to 1984 and
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and he has owned that since 2007 all of these properties are occupied by tenants and their residential properties the property that is shown here in green is owned by Judge Nancy Maloney and she has owned that property since April of ‸ 2002
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Raymond and Donna Kettner
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and incidentally Kevin Raymond is an airline pilot so he has to make certain ‸ that when he's getting up early in the morning or late at night to go to the airport to fly all of his passengers safely to the next destination that he has peace and quiet and can enjoy a good night's sleep in order that he can perform his profession to the fullest extent so I'm going to now turn it over to Mr. Kemp
thank
you sir
Can I bring some copies forward?
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We'll get it. So just give it to Mrs.
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quick. Give it to Mrs.
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we want to make sure that gets entered into the record ‸ yeah
I
will thank you okay so my name is
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I'm a state certified general appraiser I have been an appraiser since 1985 graduated University of Florida majored in finance and real estate I own my own business Kemp Valuation Services LLC
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worked at the Orange County property appraiser's office where I was in charge of all the office buildings for two years and then all the industrial buildings for six years and
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and I will be starting in October as a special real estate magistrate for Orange County having said that and
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the handout that I gave you and I want to apologize for not doing my homework I should have printed quite a few more copies I didn't know how many people would be present but I'll go over quickly I'm not going to belabor things in the interest of ‸ time the first two pages of the handout are photos
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this building the second page depicts the what is referred to as the backyard bar which was just recently completed and
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I was not present for that but okay so moving on to that this is a ten page document I'm going to hit the high points page three is critical because what it does is it summarizes what I'm going to discuss and I'm going to make it quick I'll read those items I'm not going to read this thing verbatim ‸ though
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Flag: a language review questioned the wording · 01:13:51–01:13:55 · unresolved: the words are not shown (unclear audio); listen to the recording
this is the first item I'm addressed number two is importance of proximity to positive and adverse influences how that tends to affect marketability marketability
and
marketability I'll get into in just a second what is marketability ‸ what is it in a real estate valuation context it is not marketable title as perhaps attorneys would indicate that also how adverse influences can affect market value and I provide and I'm not going to go over it in this hearing but I provide in the written document that's going to be entered in an income approach example of how a property such as the apartment complex directly north of the bar could be affected the property value okay let's see then I talk about the I summarize the approved I called it a special variance it's really a special exception I was corrected on that the property use restrictions
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then the next topic number six is proposed bar lounge compatibility with surrounding and nearby properties and then finally a summary and a brief biography which I kind of went over already ‸ okay I think I don't have to probably everybody present is sufficiently familiar with
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Flag: numbers, amounts, negation or names differ between the machine readings · 01:15:51–01:15:51 · unresolved: the words are not shown (unclear audio); listen to the recording
to know that it's a good way to describe it as the north half versus the south half if you approach it from 520 going through that entrance way ‸ Florida Ave what you have in the north half is more of the retail commercial properties including the bars and restaurants restaurants but as you proceed for example further down
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residential district so the character changes as you drive south and
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half of this neighborhood all right now
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of what is a negative influence and
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but suffice it to say that I own a home right now at Panther Ridge which is north of Cocoa on the west side of US 1 north of 528 okay I bought that home four years ago I looked at some other locations because I was commuting to downtown Orlando and I wanted to live in Brevard County but be close to 528 okay so I was living in Fern Meadows before I bought that house I took a look at another subdivision that was nearby okay and that was let's see I got it written down here Adamson Creek okay Adamson Creek was problematic because I visited there several times and noticed the smell of the landfill and quite interestingly years ago probably 25 years ago
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okay I even spoke to a gentleman with a church up north that bought a ‸ lake adjacent to this property and the lake was polluted and he didn't know that and he was not told that when he bought it whole
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matter but you don't want to
buy
a home anywhere near ‸ landfill
okay
okay okay well let me just conclude then I'll conclude with my final statement okay
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Flag: a language review questioned the wording · 01:18:29–01:18:32 · unresolved: the words are not shown (unclear audio); listen to the recording
but my question is and I'm stating that based on my professional appraisal experience with thousands of appraisals I've done both residential and commercial over my long career as an appraiser okay that there's no way that this bar is compatible with the adjacent properties that is my professional opinion okay ‸ so what direction does the city of Cocoa want to go with Cocoa Village do you want to see a strip indoor outdoor bar along Brevard Avenue or do you want to preserve the rich historical heritage and residential character of the south half of Cocoa Village okay I would assert to you that
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is far outweighed by the impact on the tax base for the city of Cocoa and the surrounding properties it's a poor business decision I'll wrap it since I'm out of time thank you
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‸ Can
we check the lights please, ladies and gentlemen?
members of the city council
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he is shown on the demonstrative aid as being
an abutting
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landowner and has three residential units. He's a long-term owner of the property.
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Mr. Steinberg has served on the board of adjustment for the city of Cocoa in the past friend and at the current time he is a member of the board of adjustment in the city of Winter Park so he is knowledgeable not only as a property owner ‸ but also with regard to the legal issues that are involved with the impact with regard to this variance being granted. Mr. Steinberg
thank you Joe may I also add that Mr. Caruso gave me my first job as a law clerk
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I have two tenants and they both operate. One is a counselor and the other one, they operate a children's counseling service. They've been there for 11 years called Kinder Consulting. So they treat troubled kids. I've been a lawyer ‸ since 1978. I'm also a licensed real estate broker. I also taught the real estate course for people that wanted to get their license. I'm on the board of adjustment that I chair for the city of Winter Park for six years.
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So I ran for city council,
but
that didn't work. But in any event, the problem that we have here is we have a property that has been used as a, I believe, as a hairdresser for many years.
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with the district in that it operated during normal business hours. It operated inside the walls. It was a ‸ service that did not create any, there was no alcohol served and created any noise, which is totally different than what's being proposed here. Actually, my understanding ‸ is that
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You know, we're still in the appeal process. So I think that my experience is you need to get approval first before you operate the business as approved later and not come back and try and ‸ justify it. But bottom line here is
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Flag: a language review questioned the wording · 01:23:27–01:23:32 · unresolved: the words are not shown (unclear audio); listen to the recording
describes what it takes, what is necessary in order for a special exceptional use of property to be granted. It's not, there's a reason why it's a special exception is because it wasn't, it wasn't originally granted as use within the district. And the, and the applicant has to come before the board of adjustment and show why they are entitled to be granted a special exception. So I'm going to review a couple of sections of the code. And this is under article 17, section 2d. Any party may appear in person represented by a lawyer at a public hearing before the board of adjustment. Well, now we're now before the city council.
And
the last sentence says, but in no case shall the board of adjustment grant a special exception that in any way adversely affects the public interest. This is the key issue here. We're talking about the focus being on how this special exception, if granted, would affect the public interest, not the other way around. This property is located. I'll continue.
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it, sir.
Thank you. Okay. Go
ahead. All right.
So the special exception applied for was under the section six, a bar or lounge with or without a package store.
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They're, they're, they're, they're taking a dirt parking lot and, and decking it and seating close to 50 people. So everything, the entire business is outside. It's not as if the bar is inside the walls. It's totally outside.
Now,
the code says before any special exception shall be issued, the board shall make written findings certifying compliance with the specific rules governing individual special exceptions. And
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Flag: a language review questioned the wording · 01:25:46–01:25:48 · unresolved: the words are not shown (unclear audio); listen to the recording
I'm zeroing in on K. K is the important point right here. ‸ The use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic to be generated, and building size and setbacks. Here's the key phrase. Its relationship to land values and other factors that may be used to measure compatibility. There's a general theme here that the city has decided to go through. You probably recognize what it is. Here's the question on the petition that was, that every business that wants to get a special exception needs to fill out that this business did. ‸ The question K is exactly as I just read it, is, is reproduced on the petition. Here's the answer. The answer is the existing building already adds an attractive style to provide. Patio operations will be reasonably quiet and operate very similar to long-time businesses like Murdoch's, Time Out, the Beer Garden, Village Idiot, etc. The improvements work in harmony and cooperation with all these functions while ‸ increasing land value over the current gravel lot that is fairly useless. Not one response is, not one thing here is responsive to the question that is asked, that is in the code, that is required to be answered. How does it affect the area, the neighborhood?
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does not respond to the point that needs to be decided upon. He uses the examples of the beer garden, the Village Idiot, so on and so forth. None of those properties border or in a residential area. None of them. This is a total, that's apples and oranges. So it's totally irrelevant to what we're dealing with here.
Now,
here's ‸ something I think is very telling.
Although staff approved of this, staff in its last sentence in its report said the following. It says that,
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staff recommends the City Council review the specific concerns raised by the appellate, consider additional conditions or modifications to the exception
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and, here's the key, ensure that the decision aligns with the intent of the zoning code to protect the public interest and compatibility with surrounding uses. That
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is in this code, in that question, and even the staff says it. It is totally incompatible, as
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heard expert testimony, and in that report. It's interesting, because the name of the business was first the backyard, and now it's the farmyard. I wouldn't want to live next to either a backyard or definitely not a farmyard, especially if I've been living there for, you know, however many
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came first,
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other way around. Thank you very much.
Okay.
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else from the legal perspective sir before I start
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that she owns earlier.
yeah
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Flag: the recognizer flagged its own output · 01:29:32–01:29:39 · unresolved: the words are not shown (unclear audio); listen to the recording
thank
you mr. Caruso can you hear me okay okay very good all right I am Nancy Maloney I have 25 years of practice of law in this community 15 as a public defender 10 child welfare legal services and I was elected to the bench some 10 years ago in 2014 and served on the circuit bench for 10 years. It was my privilege to do so and I retired on June 30th after 10 years of service I own
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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 01:30:25–01:30:31 · unresolved: the words are not shown (unclear audio); listen to the recording
I am using probably five of the six minutes the three minutes of my own and I will use three minutes of Janet Roberts all right here's the way I see it in granting the special exception for the backyard ‸ the Board of Adjustment violated the special and unique character of the neighborhood, the the existing feelings of those persons in the neighborhood who were vehemently opposed to such a use, and it violated existing zoning laws and ordinances, and in essence, the rule of law. law
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rear in dirt and it existed as a small business, a barber shop as we know, for 35 years. The backyard purchased that property with this knowledge
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Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output · 01:31:56–01:32:23 · unresolved: the words are not shown (unclear audio); listen to the recording
a bar and restaurant with music and seating for upwards to 60 to 80 people in a largely residential bedroom community. This does substantial injustice to those property owners, property owners who have lived in that neighborhood. As Mr. Caruso pointed out for many years. So without asking for permission or approval or going through the proper steps to start a business, to build a business like that out in this neighborhood,
the
backyard just went ahead willing and
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Flag: a language review questioned the wording · 01:33:26–01:33:29 · unresolved: the words are not shown (unclear audio); listen to the recording
Now, I would argue by analogy ‸ to those persons who are here. By analogy, if you do or want to do something that would be offensive to a person of ordinary sensibilities, you would not ask for permission. You would ask for forgiveness. And this is what the backyard did by building out the backyard without permission, without asking the neighborhood and without looking to see if, in fact, this was compatible with the neighborhood by evading the questions on the permission slips that Mr. Steinberg so carefully pointed out. Now, this is something that you should think about.
because it is very troubling not just what was done but the way it was
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is unlawful. What the Board of Adjustment has approved in truth and in fact constitutes a rezoning
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will last into perpetuity. and it allows the backyard to do an end run around the existing zoning laws and ordinances. Zoning laws and ordinances that we all have the right to rely on. Think of it for a second. How would you like the backyard in your backyard?
property
owners voice their strenuous objections to the backyard bar and restaurant at the Board of Adjustment meeting they voiced their vehement concerns about noise, traffic, parking, garbage, vermin in a largely residential area, and noises incident to the operation of a bar and restaurant.
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Flag: numbers, amounts, negation or names differ between the machine readings · 01:36:31–01:36:36 · unresolved: the words are not shown (unclear audio); listen to the recording
on this site encroaches on the property rights of all adjacent, contiguous, ‸ and property owners in the neighborhood and to the detriment of those property
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will be irreparably injured by this unlawful and unreasonable use now we heard from mr. Ken I ask you to have a look at the numbers that he proposes here. He did not mention it. you mentioned it was not compatible, but take a look at the numbers of how individual property owners who've owned properties for many years, properties that they hold near and dear people like myself and like the others who are here are going to lose value in their property money money This
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same issue that will come to the Board of Adjustment come to the City Council it invites litigation and it ignores the vehemently
voiced
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wishes of the existing property owners who are taxpayers and ‸ are ‸ part of this community. This decision cannot stand. It is unlawful. It is unjust. It is unprecedented. It violates the rule of law. We have produced evidence here that the property owners will be substantially and irreparably harmed. We have proved evidence that the Board of Adjustment did not follow the law and we asked the Board to do the right thing to do what is necessary to protect our very special and unique community and the people that are there living in that community. Thank you very much for your attention.
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took three of your minutes to extend her three minutes is that okay
that's fine
yes ma'am I
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okay if the
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okay with that.
Council? Yes, sir. Yes, sir.
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Raymond.
Good evening. Thank you for uh hearing us. um I'm a resident on Derby Street. Thank you. uh
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and uh
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I don't see those things being benefited by another bar so close to the residential area and
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area. And um it would negatively impact me and my neighbors and I hope you see it that way as well. Thank you. Thank
you very much, sir. Okay, Mrs. Klein, excuse me,
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Come on down, this
Chambers, ma'am.
Yes.
Thank you.
You're welcome. hi my name is pat chambers i live at [address]. i just remodeled my house and got down to the original hardwood floors. So noise vibrates off of those floors. Bad enough
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bar 200 feet from my front door, 200 yards from my front door. Just unacceptable. And the part that bothers me the most is they went and they did it and then they asked for permission. You know what? My daddy always said it was easier to ask for permission than it was, but it's not. So I'm sorry that he spent all that money and all that time. Should have checked out the rules first. Thank
you very
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to the board of adjustments. So before anybody throws anything at me, um I will tell you, Mr. Mayor, that that was the longest board of adjustments meeting I ever had. We had to take three breaks and I told them, please not to tell you because I was in competition with you as to who could have the longest meeting.
I
voted no and
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And I will explain to the audience why I voted no. I felt like as a business owner, when I opened up my businesses in the village 16 years ago and the other one about 10 years ago, the first thing I did was of course work with the real estate. And then
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and I asked the pertinent questions. Is my property within the limits of what the city requires? Can I put the type of businesses I want to put there? And
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yes.
Okay. You know what I was doing and how that worked. in this particular case, the individual did not do that. He purchased the property knowing that it was a house that he was putting a barber shop in with a
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and anybody ‸ go back and check those records, that that's what that property was owned. Now, I do understand that the property needed help and architectural to make it useful as a parking lot, but you purchased it knowing this. and we all have those dreams at 3 a.m in the morning we want to do something else we want to expand our business. But we also know that we need to come before, go back up to City Hall on the second floor. People are very nice and ask them these pertinent questions. Now, I don't think that happened because the next thing I know, it appeared before the Board of Adjustments. And here we are today.
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before on my own, before I had the Board of Adjustments meeting just to see. And when I walked around, I agree with the residents, I would not want 50 people in my backyard because when I come home, I am tired. Okay, and that's too close to my bedroom window. Now, I do feel for the property owner because he has spent a lot on that piece of property. But he also hired engineering, I believe a civil engineer and some other people to look at this property. And they all know how the rules work. And again, opportunities were there to go before the City office and ask, can I do this to this property? Come before the Board of Adjustments before you make or come to the City before you make and invest in a piece of property? Okay, so for those reasons, I had to vote no. Besides the code led me to that. Okay, Mr. Stein. Yes, pointed that out to me. And so those reasons, that's why I voted no. I'm all for everybody knows in this room,
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But I feel in this particular case,
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Thank you very much,
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my last card. And that is the applicant, he himself,
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this portion of public hearing.
the Mayor, council, staff, greetings, Alex Greenwood,
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because a lot of the issues have already been expressed. There is some people that cannot be here. And I have a letter that was written by the president of the Women's Club.
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the record.
I'm sorry?
As long as you submit it for
Carol Pope is the president of the Women's Club. um
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allow ‸ bar in this residential like commercial area. It is not compatible with the homes, businesses, churches that are already in this area. Good planning would limit bars and other adult catering businesses toward the center of the village and along Florida Avenue corridor. This establishment would be especially disturbing to the residences in close proximity due to the emphasis on outside activities since much of the activity will be outside games and seating. Although laughter and talking would not register on a decimal machine for noise, it can be quite disturbing if it's behind your house at night. coco Police are already stretched thin to patrol downtown, including alcohol in this area further would would further exaggerate this problem. ‸ The community women's club at 5 Rosa Jones Avenue has frequent events and meetings. We support keeping this quiet neighborhood commercial area like it is and exists. Thank you for your cooperation. Carol Pope. um
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to do
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not about this the
only
point. What it really means, the big picture is, this decision will go with the land. This current applicant, if it's approved, can sell it to another individual that has a 4 COP license. That means strong liquor. And he could potentially do that because a decision like this, if it's approved, will stay with the land. Now, this will set a precedent, which makes it even more severe.
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ordinance that is really a mistake. It's something that needs to be corrected because it was done it was altered during another city manager residency. And that includes not only the county
these
or this ordinance and the others needs to be reviewed. And I highly recommend that you might want to review the charter for the council as well. Because
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includes ‸ adult businesses. And you need to read about that.
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specific item is. This creates, it doesn't go with, uh it's spot zoning, it's non-conforming. um It's a couple of times when there was problems with the loud noise in the downtown area. uh And a lot of the people don't want to call anymore. They're asking me to call because they give, uh they get twisted saying, oh they're allowed to do that kind of business. With people that don't really know how the noise ordinance works. So they ask me to call because of the double talk that they get. A couple of times, I'll bring it up right now. uh Most recently, and I was on the phone with the mayor, uh uh an officer showed up in front of one of the bars that they were too loud. And the first thing come out of his mouth was, oh you're the one that always calls. Well, I don't think he knows that there's 70 signatures that myself and other people have collected in the neighborhood there. 70
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but that's what what was told to me when he showed up. And I had to correct him. Later, he apologized. He didn't realize that. I said, well, obviously, there's a lot of homework you have to do. um The other main issues here is that the severity of this proposal will set the stage for all similar
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under this ordinance. You could potentially see brevard avenue become a bar from the circular drive in front of the church all the way to 520.
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This also will
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for 40 plus years. ‸ I started the first I was on the board and we voted to have this item uh this area designated as a blighted area. 1981. I'm showing my age now, but I don't care. I want to make a point on this. Okay. So all I'm saying is that from that decision to bring people here was the whole purpose. We started putting lighting, brick, landscaping, and we finally started having other businesses come here. That's what's made us successful and then all the condos that were built. Okay? That's what brought in all this money that the downtown area is getting now. And it can be greater in a matter of a year or two with the other projects that are wanting to be here. And
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That's going to be residential. the con The project that's still under construction by Harvey? That's residential. That's how many residences are going to be here, not counting what's happening at Searstown. There's nine different four or five story buildings they're all ‸ residential. So what we have been known for is a safe family entertainment ‸ venue. We're not against music. The problem is outside music. That's been the ongoing problem with just two bars in the area. The outside music is what's causing this issue and it needs to be addressed. We've never had that problem before.
um
property values. uh The page that Miss Nancy Maloney mentioned to you on page six on the very bottom. ‸ It shows the gross income of what uh the itemized properties there could potentially bring rental wise. All right. And that is the before figure. And here's the after figure. There's a difference of a loss
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Nobody's going to want to be
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like this in a residential area. It just will not work and it hurts your values.
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property.
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when he bought his house.
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able to sell those houses if they're not able to
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can't use their backyard. ‸ that means she has to sell it for cheaper. Just like if you look at a house that's not near the dump and you smell the bad smell, compared to a house that doesn't live near a dump, it costs more money. It costs less because of the negativity. Please look at this and realize how severe that this can be with tremendous property value losses. And I'm sure you don't want to see the opposite happen if this gets approved because there's a lot of property there that could take this same identical ordinance that needs to be corrected. And then you can succeed.
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And you might want to include the five acres you all own if that's the route you all want to go. And I hope you don't because that's the message you'll send if this gets approved. It sets a precedent. It sets the stage for this to be repeated. Please look into the ordinances. Please look into this more seriously. This cannot be approved. I beg you all, look at the facts. It doesn't work. It's just that simple. It doesn't work. Thank you. Thank
you very much. agreement could you submit the letter that you read into the record to the clerk, please? ‸ I'm
sorry. ‸ are
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sir?
I would like to, reserve my closing remarks after the applicant has an opportunity to put on, uh his case and presentation. He
did not submit a card.
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card for him. I i see him in the
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yes let me guess. Are you Chris?
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Just, um however, at this time, just for the record,
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And exhibit three will be the, Carol Pope memo that Mr. Greenwood read into the record.
So should I present my item before the. Do
you want to present your item? Yeah,
before he goes. Absolutely. Please. Yeah.
Okay.
Is that okay? Is that okay,
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Good
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this item for the Board of Adjustments, and I'm here um to present again for the city council members. um I want to highlight that
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that's why I decided to include here a few definitions that we have in our code. And I just want to go over the the special
exception
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uh the definition of the special
exception
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It is a use that would not be appropriate generally or without restrictions throughout the zoning division or district, but which, if control as to the number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. If a business owner decides to open and operate a bar and lounge in
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a special reception is required before before moving forward with any other applications or permits required by the city. So here I just want to show, this is the
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Village Waterfront Overlay District, and you can see in the map that we have the sub-districts that involve um the
cocoa
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Village, Heart of
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um uptown neighborhood, and so on. So the the this particular property that uh we're discussing today, 638 Brevard Avenue, it is
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Oops, I jumped too much. And
then
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within the Central Business Districts known for which additional and supplemental use, intensity design, and development standards are necessary in order to maintain the special and distinctive character of the area, which is an important objective of the Comprehensive Plan and Redevelopment Plan. The supplemental regulation applicable to the
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Village Sub-district should be applied through position and mapping of a
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Village Overlay Zoning District. And this is what we can see here, and uh the property is located, I have no way to point it, but it's towards the south side on the east side of the of the map. But here you can see how the the property surrounding, they are the same um
cocoa
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Village Overlay. in Central Business District. So on June 13, 2024,
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believes he's directly affected by the Board of Adjustments decision. According to Appendix A, Zoning, Article 18, Appeals from the Board of
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Section
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review the appeal as if it was a new case, as was mentioned by the City Attorney and explained by him. So I request that the police listen to all the evidence and testimony and decide either to affirm, reverse,
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So the Board of Adjustments actions approved
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with the following conditions. The applicant shall
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permitted the hours of operation were restricted to 10 a.m to from 10 a.m to 10 p.m And the special reception should shall not be effective until the applicant has secured a waiver for the six existing parking spaces located in the property. And that was the parking spaces that was for the barber shop So the applicant did uh submit for... um He submitted for a very a waiver. I'm sorry. He submitted for a parking waiver, which was approved by the Board of
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on the same date. Also,
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the... Limiting the cell to beer and wine only. So he's not allowed to sell liquor. And also limited the outdoor capacity to 49
patrons
So here we can see a layout... um That was submitted. So that the the applicant plans to open a family and path friendly outdoor beer garden in the
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a barber shop
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with local establish establishments to offer food to his customers. So he's going to use all the restaurants in the area to provide uh food to the patrons. The applicant submitted a conceptual plan for the 49 seats that was set as also as a condition and you can see the
layout
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for um the business that is being proposed.
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I'm going
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we go. So in regards to the the
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they are provided in a special reception that goes A through K I would just like to highlight
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And discuss a few that I feel are more important and should be taking consideration today. So criteria B that is related to noise in parking of street parking and loading areas. With particular attentions to item A that there will be ingress in a. Sorry I just got lost for a second.
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same criteria that is
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to automotive and pedestrian safety and convenience, traffic flow, control and access. Criteria B also focus in
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and other properties there adjacent
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additional parking spaces. The City of Cocoa noise ordinance provides sound levels limits between 7 p.m. and 7 a.m. which has been considered by staff to its proximity to a residential area another criteria is F that is for signs If any... in proposed exterior lighting with reference to glare, traffic safety, economic affect, and compatibility in harmony with properties in this district, the applicant has not proposed any permanent signage. Therefore, staff use the criteria it was satisfied another criteria ‸ like to highlight is criteria I for landscaping. The applicants satisfy the landscape requirements to a site plan that was submitted and approved by staff and the last criteria K that is for... the use that
the use
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will be reasonably compatible with surrounding uses in its function, hours of operation, type, amount of traffic to be generated, building size and setbacks, is relation to land values, and other factors that may be used to measure compatibility.
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uses and is expected to complement and facilitate economic
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And I would like to highlight ‸ when we make it this analysis we're we're thinking and looking ‸ the Cocoa Village as a whole, as shown in the map here, as you can see, with the Central Business District in the Cocoa Village Overlay District. So when we're making the analysis, we make
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analysis based on the zoning.
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and he made four statements. So in regards to statement A, staff found the criteria for granted the special reception were
met
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and recommends the same to the City Council as we did to the Board of Adjustments in the special reception cases, the applicant generally doesn't need to prove their case, instead is up to the zoning authority, that
encases
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us, to show that the exception would harm the public interest.
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and following local noise rules, the special reception will have minimal negative impact. So if the applicant is willing to follow the conditions they're imposed, and with a special reception approval, we don't believe there will be an issue.
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response to statement B the city has not received any solid evidence that the business will harm nearby property owners or the public. The conditions set for the special
exceptions
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are intended to significantly reduce or eliminate any potential negative impact on the community and surrounding properties. And that's why those conditions were set, thinking in with the surrounding property owners.
as
for
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staff made their recommendation based on an analysis of the required required ‸ criteria and provided written findings for each criteria. The Board of Adjustment use this findings as a basis for their decision and approved the special reception with the conditions that was already discussed. As for statement D
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including its impacts on traffic noise and property values following ‸ staff advice the part of adjustment set special conditions for the the the approved special reception to address some of those concerns and I would like to highlight them again
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has a 65 dba maximum from 7 a.m. to 7 p.m.
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mr.
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high school has not allowed to have amplified music on the property his hours of operation is limited until 10 p.m. and
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in accordance with ‸ Appendix A zoning, Article 11, Section 13C, and Section 22F of
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with the following original conditions. So the special reception should not be effective until the applicant has secured all the permits and approvals necessary for any development related to the special reception, such as site plan approval permits should be obtained within six months of this approval. If the use is extended, enlarged, or expanded, additional special ‸ reception approval should be required. The outdoor capacity authorized by this approval is ‸ limited to 49. Also, the conceptual plan was attached as an exhibit that was considered part of the approval and should be binding of
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may be made during the site plan review process to conform to the City Code or life safety requirements. Also, status conditions, the applicant shall
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Also, the hours of operation should stay the same, should be limited to 10 a.m. to 10 p.m. The special reception should not be effective until the applicant has secured a waiver for the six existing parking spaces located on the property, and that was already approved. And the approval should be limited to the
cell
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of beer and wine only, and so there's no liquor sales. And I apologize for the mistake is that should be, should read the City of Council, not Board of Adjustments, but any other conditions deemed necessary, but Council members.
Do we
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do we have any questions for her? Thank you very much. Okay, we would like to, Mr. Christopher.
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Council Agenda Item.
Okay, Madam Clerk, do you have the request from the City Attorney as well, ma'am? Yes, sir. Thank you kindly, ma'am. Please state your name for the record.
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far south of the village here. And with my partner here, we own 638 Brevard Avenue.
Thank
you,
sir.
The floor is yours.
Thank you, sir.
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Thank you.
So,
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yes, sir.
So I apologize if
you
had to hear a lot of negative comments, and that's probably pretty typical, these type of hearings. I think we've been painted in probably the worst light possible by a lot of people who really haven't bothered to check in at all with what this project really is. From anybody we've heard so far, nobody has come up to me at all as I've been diligently working on this place to ask a single question from me, which I'm happy to clear up. I think you'd all find that actually we're all on the same side.
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a loud bar either, and this bar was not built to be a loud bar. You've heard several parallels drawn between the Georgian Dragon, or just flat out stated that this is the Georgian Dragon. This is not the Georgian Dragon.
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So this was not meant to be a live performance bar whatsoever. And I've told staff from the start, staff being the city planning department here, that I don't even like to call it a bar, because it's really not a bar.
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We never even wanted liquor, so those are requirements that the city, the planning department has agreed to with us of limiting the hours, limiting the noise volume. That was all things that we brought up and worked together over the last year. So we've been working on this project for the last year and looking at things like, is it conducive to the area, and is there existing things that kind of support this? And, you know, unfortunately, you're
hanging there
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that this is the only
bars
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in the south area of the village that's going to ruin the entire area. There's many bars, many bars that are directly about one block over, including one at the bottom of the residential apartment complex. That's called Rebellion Wine Company, if you're familiar with that. And it's literally about 50 feet away from me. Maybe not even that. So this is not the only bar. And please, you know,
i got
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got my chance to stock. So ‸ there's even other bars south here. There's the Oyster Bar that's just opening up that's serving beer, wine, maybe alcohol, I'm not sure.
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beverages inside their Popsicles.
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bar out there. And I, again, hesitated to call it a bar. So if you look at the ‸ graphics up here, this is a picture at night.
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designed as a dog bar. And the reason why this was designed as a dog bar,
and
nobody brought that up just yet, is because there's really not a place in an urban environment where dogs can go to have a little bit of fun with their friends, their furry friends, and also play with their families. So this is a family bar. We've always designed it as that.
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I want them to enjoy and be part of this
car
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And they have been building this with me, this project with me, along with Brittany here and her family too. Let me show you another picture in the morning. And I think we did a pretty beautiful job. So we put in a ton of money into landscaping here. As you heard, the only appeal on the docket right now is because of noise, saying that we shouldn't be allowed to have a beer and wine permit because of noise. We've already addressed the noise plenty of times. And all these statements that you've heard here were put in front of the Board of Adjustment as well. And we spent about the same amount of time going through all of that. And at the end of the day, the Board of Adjustment did approve our beer and wine license because we conclusively proved that we are, if not eliminating noise, keeping it well below the legal limit. So I don't want to be roped in with the Jordan Dragon. We're not trying to be that loud bar. Never have been. And we're not open, actually. So you heard a lot of comments about, you know, that there's a soft opening.
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So there is no noise. There's nothing. Sorry. It's hard to hear a lot of the negative things because we've invested so much of our personal time and money into making something good for the city.
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But that's beside the case. You know, as you see in the middle here, there's a green area for dogs and kids to play. There's misters cooling the patio. We have sunshades to make everybody comfortable and cool. And we built it just as the planning department approved it down to the chairs.
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a year. And ‸ this is within the zoning area. You know, you heard a lot of comments saying this is not a property. This isn't zoned for it. Of course it's zoned for it.
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The board of adjustment wouldn't
approved
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it if it wasn't zoned for it. We would have never got through planning if it wasn't zoned for it. So we are zoned for this. Every bar in Cocoa Village, I
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special exception process. So this wasn't a one-off for us. Every bar that serves any sort of drinks, alcoholic in nature, has to go through a special exception. And so we did the course of it just like anybody else. So we've been through, you
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to get input from them, who said this is the future of bars. You know, people don't want to go to a smoky bar anymore. They don't want to go to a liquor bar where, like, you can hardly hear anybody talk and you come reeking a smoke out of there.
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We don't have live music. It's not that type of bar. It's a place where the residents can go and play and enjoy their evening, and then we shut it down at a reasonable time. And we've had a lot of, actually,
a
lot of great comments come through. So, you know, while ‸ I didn't bring my half of the city to the courtroom here, you know, the apartment complex next door has been very, very supportive of this project.
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done a great job. We enjoy this as part of our community. And we've heard that statement hundreds and hundreds and hundreds of times. So, and it's all documented in our website, too. We're very, you know, digital.
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you guys. We have a lot of, like, comments on our website saying you did a great job. You know, I can't put all the Instagram posts up there, but we have hundreds of people commenting, like, when's
it's
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going to be open? I'm so excited for this. So, you know, these are the things you don't hear because there's a huge community out there that's probably doing something else right now that can't be here tonight, but they would in ‸ spirit. And I hope you believe me on that. Excuse me.
gotta
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catch my breath. So, besides the bar stuff, you know, we're selling beer and wine.
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Flag: a language review questioned the wording · 02:19:00–02:19:03 · unresolved: the words are not shown (unclear audio); listen to the recording
What we're really providing is, I'll give you a rundown of activities. These are standard activities that we've shared with our planning friends over here.
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is our opening hours, we're going to have, there's already a person in Cocoa Village who has an indoor studio. It's rather small. ‸ She wants to use the patio for her client's enjoyment. Absolutely. We said go for it. We're having a gardening club. I don't know if you can see in the back wall there, but we recycled pallets that would otherwise be thrown away. And those pallets are now part of our back fence. And we're going to hang pots on those pallets so people can actually put their own little gardening idea in there and care for it and watch it grow. We're offering this service for you to the community because there's really not anywhere else to do that. On top of that, we're having dog socials. So, again, with the theme of like, this is a dog bar,
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They're at
least
stationed at every single table there. And you're going to be able to clip your dog in there, play with the friends.
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Flag: a language review questioned the wording · 02:20:00–02:20:01 · unresolved: the words are not shown (unclear audio); listen to the recording
limited amount of dogs. So, it's not loud. It's not dangerous. And again, with this whole thing of being safe for kids. I mentioned the engagement party. We also have another couple club kickoffs that are going to be hosted at this place. Soccer, for one. We have a
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Flag: a language review questioned the wording · 02:20:17–02:20:18 · unresolved: the words are not shown (unclear audio); listen to the recording
that wants to have their ‸ kickoff here. We serve a lot more than just beer and wine.
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You know, we're really catering to that family environment. It's not just people coming and drinking. We actually are hosting a paint therapy class as well for autistic and ADHD. ‸ So, that's something that we wanted to provide. We have a friend that's an investor into this thing as well. A minor investor. She suffers from ADHD and wanted to have some of her friends there do kind of a painting class in order to alleviate their anxieties and stuff. You know, beyond all the good things that this is doing for the community and that we have mitigated the noise, which is the only appeal in this process. You've heard a lot of negative things, but those have all been taken care of or at least worked through in the past. You know, the negative impact to us for not having this bar succeed or allowed to actually sell products that make money is that, you know, our investment of close to about $600,000 at this point would be thrown away. We put a lot of money into this place legally. And by the way, nobody did anything illegal. We didn't just pop up a bar there and start serving beer. We haven't even served anything yet.
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Flag: a language review questioned the wording · 02:21:29–02:21:33 · unresolved: the words are not shown (unclear audio); listen to the recording
And I think planning, you know, has already told you that. You know, the economic impact to me personally would be probably bankruptcy. You know, we put a lot of money into this, expecting some return from this. This is a family business that I wanted to pass down to my children. So
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Flag: a language review questioned the wording · 02:21:50–02:21:51 · unresolved: the words are not shown (unclear audio); listen to the recording
We have other jobs outside of this to support this place, and we've been pumping a lot of money into there, hoping for a return on investment from it.
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battle of who got to Cocoa Village first. You know, like, so I don't live here for 40 years. But I'm trying. And, you know, I want ‸ all these folks to hear that if someone came to them 20 or 30 years ago and said,
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none of them would be here either. So I hope I can invest in the community for the next 20 or 30 years as well, with this being a gem of the community. It's not a detriment. You know, it's something good for everybody, I think, despite the ‸ negative impact that's been painted here. So, you know, the other positive impacts that we've been able to offer are six additional jobs. We have waitresses. And I'll show you a picture here. I think. There's at least one of them and one in the background here. We're providing jobs to the community.
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Flag: a language review questioned the wording · 02:22:52–02:22:53 · unresolved: the words are not shown (unclear audio); listen to the recording
unfortunately, for, I guess, I'm not sure of the reason. But we were able to pick up a waitress or two from their community to bring to ours. We haven't opened just yet, but we're giving them jobs, sweeping up and cleaning and keeping it beautiful for everybody until we are given the approvals to open, the proper approvals, which should happen hopefully any day now. On top of that, we have a general manager role that's going to be watching over all this and making sure it's running appropriately and within the rules. And, you know, we control all of the volume through careful systems. There's nobody tapping in there and putting on their
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or whatever it is. You know,
we
have, like, our play list consists ‸ essentially of, like,
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you know, the jazz
stuffs
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because we want to have people having good conversations with each other and not trying to fight through music. So, again, we're all on the same side here. We're not trying to make a loud bar. We never want a loud bar. And
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I might have ‸ one more picture. Sorry, I'm running out of breath. And then, you know, fun games in
the
middle for everybody. And that's ‸ the point. We spent a lot of real estate here, a lot of expense to put this grass in. It's an artificial turf that will be long-wearing, 20-plus years. And I hope everybody can enjoy that. That's what we did. Do you have any questions?
Councilor, do you have any questions?
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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:24:16–02:24:17 · unresolved: the words are not shown (unclear audio); listen to the recording
So one of the questions I had was, I know the biggest concern that I'm hearing is about the noise. Correct. So you got the fence on all three sides. Right. The back is pallets. Was there anything ‸ that you have another idea to bounce the music off of, like, say, I'm not going to say a wall. I'm not going
sure
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give that idea. But something that stops the noise from getting outside of that.
Yes, sir. We actually did think about that. If you look at the speakers there, and there's one in particular up there, kind of on that pole closest to the picture. ‸ That speaker is angled down into the grassy area, which is meant to absorb sound. So we were very careful with the speaker design not to put the noise up and out of the green space area. Every speaker that we have out there, and there's only a few, face directly into the green space area. We're actually aerospace engineers.
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and
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So those speakers face each other. And sonically, you can think of, you know, water waves coming through. They break against each other, and ‸ they stay where they are. So they crash on that green grass and stay there. We've had the music going for weeks now to the concern of literally nobody. Nobody has put any sort of noise complaints out there. Nobody has said a thing.
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and everybody seems fine with it. So I don't think there is a noise problem. And if there is, I would appreciate our neighbors coming and telling me, because I'd be happy to turn it down.
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going to be, nope, I can do whatever I want. You know, I want to be friends with these folks. I really do.
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And I hope they give me that opportunity. The Board of Adjustments already has, and I hope the council can affirm that.
What ‸ would the change of hours do to you? Probably hurt pretty bad. We've already heard it
to
be hours.
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I do know they're allowed to go to 10. So we, as a council, we could make a suggestion, which would be changing the hours to maybe help. Because ‸ on that street, I'm pretty sure people
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‸ So I think that's maybe ‸ a lot of the concerns is, you know, we get home from work. We're home at 5,
at
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dinner at 6, 7, whatever that is. Because we don't want to hear virtually anything after X time. Is that something that council could do is ‸ have that change of?
Yes. Yes.
I think that would really hurt us. ‸ And I'll tell you that we've already crossed that bridge with the planning committee.
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until 2. Not that we want to do that. We never wanted to do that. But, you know, the sun doesn't go
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So you're essentially taking out three quarters of our year, no business, because nobody wants to bake to death in the heat. So we're trying to really play nice. But keeping it at 10, I mean, we're wrapping up tickets by 9, 30, closing at 10. It's not like we're stretching to 10, 30, 11 or anything by any means.
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morning
till
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about 9, 9, 30 p.m. close. And we don't want them to work anymore. It's going to burn them out. So I think that would very, very, very much limit our revenue.
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next question is
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Mrs. Ribeiro, about amplified music. Define amplified.
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of help with live music. You know, if they have speakers
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live bands that will avoid. Because the initial, the first concept the applicant had, there was actually stage that was being proposed on this property. And then he agreed to remove the stage. So just to assure that there
will
be no live bands, live music.
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Anything, hooking up to DJ equipment, hooking up
to.
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Nothing that will cover that as well. You cover anything ‸ that would make the sound travel.
Yeah, we're all good with that. That was never an intention anyways. The little 5x5 stand that we had proposed, which is the stage she was referring to. I'm not sure that stage ‸ was really for an acoustic guitar player. But as we looked at, you know, the real estate we have, which wasn't much, because we wanted to maximize the green area, it turned into just seating anyways. So it was actually worked out for everybody.
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good evening. So a couple points of concerns for me that maybe we can get cleared up. The first one is you have applied for a permit to basically remove your requirement for parking. What is your future plans for ‸ parking? As we know that the property that people ‸ currently
parked
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on now, that may or should be becoming a hotel in the near future. Right. And as you know, we have a deficit in parking spaces in the village. Have you thought that part out yet?
Many, many months of thinking that through. In this, we are not modifying anything with the interior of the building. We're keeping it exactly as is. So there actually isn't a requirement to
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to wall and don't have parking lots. The parking lot here, as someone mentioned, you know, should have made it into a formal parking lot.
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There was kind of a little hobo's area in the back. ‸ I don't know what to call folks. They were doing drugs there. It really was not an area that anybody wanted to be. And so we took it upon
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nice place where it was secure for everybody.
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you know, ‸ the barbershop was even having concerns like we don't want to park there because there's needles on the ground.
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The dimensions of this lot here actually made it impossible to make an authorized parking lot. We couldn't do it. We'd have to go through the same appeal process that we're doing here just to make parking. And maybe we could squeeze three spots out of it. So it just didn't seem like the best use of space. You know, the actual appeal for parking is actually for the barbershop, believe it or not. It's not for the backyard area right here. We wanted to make this a walkable community. We wanted to get business from the apartment complex next door, the new apartment ‸ coming in to the south of us, and make it very walkable. We don't like doing cars as much as possible.
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I don't know if that has any bearing on it, but we don't want cars. We would rather have bicycles. And, you know, one of the proposals that we put before the city planning department was to have an electric rickshaw, actually like a bicycle rickshaw, that went from the south end of the town to the north end of ‸ town and brought people back by electric bicycle. So that you're not having cars flood into the area. You're not creating more congestion in traffic. You're actually letting people park where they can, and then we would give them a ride on the house for exchange of coming to our place. You know, so it was a good solution for everybody. And we talked through a million different variations, came up with the right idea.
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and we're planning a lot of kind of Peloton activities with a bicycle shop that opened up right across the ‸ street from us. So that's how we're mitigating the traffic issue. Traffic is a problem for everybody. It's a problem for us, too, but we want it to be ‸ walkable. And we're willing to take, you know, the reduction in people coming through in order to make that happen.
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or is there a buffer behind the fence?
There is a buffer behind the fence. So if you look this way,
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the very back there, there are huge trees. It's very, very overgrown. Part of that's on my property, and we chose not to chop those down specifically to provide a buffer for both light and sound. Directly to the right of this property, it's mostly vacant space. ‸ Alec has a parking lot there that's typically vacated at night, and we're being very careful to stay, you know, exactly on that property line and build a nice fence that blocks any sound. Again, no sound is pressed towards that side at all.
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It all stays in the green area there.
Got
you. And I don't know if this is going to be approved or disapproved tonight. So ‸ as a suggestion, I would look at possibly maybe adding scrubs, just a suggestion that maybe will help with the noise.
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‸ Bushes. Oh, yeah. Yeah. If
you
can see along there, we put about $8,000 in landscaping to absorb all the sound. We have a bunch of leafy stuff everywhere. Let me see if I can find.
They're just young still.
Yeah. You know, we were kind of at the mercy of,
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and being able to plant those. But we have the front entrance there, which isn't shown here, crepe myrtles and hibiscus trees and palm trees and everything else.
I
mean, we went through an extensive landscape planning with the city planning department and came out with those ideas in order to capture everything we can in there. So we thought about this real hard. We didn't just come in and say, we're going to be the noisiest bar in town and piss everybody off. We were trying to do the exact opposite.
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with the planning department in order to make this an achievable goal for everybody. Like I said, unfortunately, you're hearing the negative side of it. But there's a ton of positive support in the community for this.
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home with their kids and with their dogs to have a good time and then go to bed.
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We never wanted it to.
Certainly. I'm a pro business guy, so I certainly appreciate that. But, you know, also I want to take an accountability as the residential neighbors around you. So with that being said, I'll go to my last point. I want to talk about controls. So I've seen some of the regulations that was put in place.
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if these restrictions are violated by the owner? If the
conditions are added to an approval of a development permit, then any future violations of those conditions will be enforced, just like any other zoning law.
So could the permit be withdrawn at that point from the ‸ council? Or
establish?
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it would allow the city to get an injunction to enforce the conditions. ‸ If the conditions are not satisfied and violations continue, ‸ then theoretically the city would be able to get an injunction to prohibit the violations of the conditions. Which may, you know, depending on the violation, could impact the ability to even operate. Gotcha.
And the next thing you're going to hear from closing statements is that
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Again, we are not the Georgian Dragon, and we've been very careful not to make that parallel. We never intended to be. So please don't say that the Georgian Dragon does this nightly, so these guys are going to do it nightly, too. I hope
we showing
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You're going to hear that again no matter what, but there's no intention to violate any sound. We don't want to get fined. We don't want to get closed down. This is a significant investment for us. We would never do anything to jeopardize that.
That's all I have. Okay. Councilwoman ‸ calls. Councilwoman calls.
I
think, yes, I'm here. It takes me a while to get off mute.
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that is exposed, isn't it?
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Flag: numbers, amounts, negation or names differ between the machine readings · 02:37:20–02:37:23 · unresolved: the words are not shown (unclear audio); listen to the recording
No,
we are enclosed on all sides except for the entrance to Brevard Ave.
Okay. Thank you.
I
think
‸ there's actually a fence behind the pallet wall fence, believe it or not.
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that additional layer there on top of all the trees and greenery that we put in.
You put trees and greenery on that side as well?
Absolutely, yes. It's all over the property. We put everything we could squeeze in there, believe it or not. I encourage you to come take a look, but it's full.
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Okay, thank you.
I
think all of my questions have been answered throughout all the speakers.
Gotcha. Again, our livelihoods kind of depend on this. And, again, we're not trying to make any sort of enemies. In fact, we're trying to make friends with the community. I think a vote to repeal this would pretty much bankrupt me. I'd be dead in the water. I hope we don't do that to my family and to our friends. I'm not trying to come back to anybody's property value.
And,
again, this is not the bar that's going to do that. Everybody throws out the bar word. I hope we've proved this is a gardening club. This is a yoga place. This is a place for dogs to socialize. You know, this is anything but a rowdy
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I don't know. I don't have a clue.
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Okay. Um, let's clearly identify the
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We have four here, four individuals, one telephone, three present, physically speaking.
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record,
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then the
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of adjustments, correct?
The, the code on appeal requires an affirmative vote of a majority of the city council. So that's, that's three votes. And the council has the authority by
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So, um, you know, I would encourage the council to deliberate to try to, you know, reach a majority one way or another. But, you know, if the council ends up in a
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vote, the council would not reverse the board of adjustments decision, which ordinarily is final unless appeal to, you know, to the council. So I would imagine the board of adjustment decision then would, uh, remain in effect.
Okay. And can, can I give my perspective?
Yes, sir.
Okay.
Um,
being a lifelong resident, ‸ Coco. And I had a telephone conference with you before. Yes, sir. And, and it was not in this most pleasant form. Correct. I'm just going to identify the pink elephant in the room. I have reservations about the way in which did, uh, did the construction. We had a lengthy conversation. Um, I do care about the community and the surrounding area. I do care about traffic control. And traffic safety and the compatibility with the surrounding neighbors. And I do have a problem with the relationship to the land value. And I do think other factors may be used to use, uh, compatibility, to measure compatibility. So I'm just going to cut to the chase. I'm not in support of this.
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I
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And I might be the only one out there on this branch on a 10 pound branch, but I cannot endorse this and I'm just being a man about it. And that's what I stand on. So I'm just letting you know. Now I
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things that you might have reserves about.
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eight o'clock, it could possibly help somebody.
I understand. I didn't want to negate that at all. I was just saying, you asked if that would be okay, and I just said it would hurt. That was my opinion.
I
didn't say that we wouldn't consider anything, of course.
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And on the subject wall, sorry to interrupt you there, we can only do seven feet at max.
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And the fence is seven feet at max. It is
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Yeah, that's that top beam right there
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There's going to be some bars between there as well.
Okay.
Is it seven feet or eight feet?
The applicant can go eight feet, but the building department will require engineering drawings because of the height.
And the style of fencing, ‸ just to me, just by looking at it,
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Am I
correct about that?
Yeah. No.
Right. The wood fencing could, could be on the side, on the south side.
I would, I would say the, you know, the fence,
the
idea to, to, when we requested the applicant to fence, the property was the concern that someone would walk away from that property with alcohol in their hands.
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um,
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prevent the sound from traveling. I, I cannot answer for that. So I'm not sure. ‸ Maybe you have a opinion. I got you.
Just,
um,
looking at the photos and the, the, the fence that we approved when, um, applicants submitted for the fence permit was for a wood fence.
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the, um, east and south sides. Um, but I would say with the fact that there are slats in the fence and
there's
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spaces between the slats that would also let sound pass through. So I don't, I think a solid fence, you know, board on board, um, would, would be more of a sound barrier than what's shown.
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‸ Of course we can. This is actually a suggestion from the building department. We originally did propose a board on board sound barrier. They said because of winds and hurricanes and things like that, that we should not do that. So we were very careful to check with building and building actually proposed that we do this. So we were
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to the T of building, not that we couldn't undo it, uh, but there's a shadow box fence. So there's, it lets wind through, but it shouldn't do anything to sound.
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Gotcha. So that was their suggestion.
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Okay.
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And I am concerned about the neighbors there. I purchased my grandparents' home and I want to protect their home and you should be able to go home, rest peacefully and have no interruptions. And I know they catch enough from Georgia dragon, whatever the business ‸ may be.
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former councilman, Alec Greenwood and a host of others. And
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Uh,
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the noise ordinance. And
I am standing on that principle itself,
the compatibility with the surrounding neighborhoods. And I'm gonna protect that neighborhood because I live along the 520 corridor area and I live on [address] and I get that noise daily. One time that's all the time. And I'm sure along Roselle and other surrounding areas as well. So I am going to stand and I am going to ask the council. What are the wishes of council? Are we able to
remember?
Can
I make a comment?
Yes, ma'am. You were able to make a comment.
Oh,
yeah. I just wanted to add, um, because I could see some of the designs on the iPad I'm looking at and it really looks attractive. It's a place I would want to go to if it were in another location, but I like you. And in particularly, uh, you know, I was reminded of our comprehensive plan, which under the land use element has subjective 1.1.5 neighborhood protection. The city shall ensure that additional growth and development will be respectful of established neighborhoods that define much of the city's character. In this case,
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very definitely defined some of the things that attracted me to that city, to this city.
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bars or, or, or garden bars ‸ nearby. It was because the neighborhood had that old Southern charm and it was quaint and it was just, it was just so spiritual. But, you know, I know. So when we talk about compatibility, I'm feeling the same way you are. And ‸ I have a neighbor that just moved in. We've got a six foot fence. He's decided to take on a landscaping project and he likes a different type of music than I do. And it has been, I don't think, I think it's probably under the decibel levels, but it's still, it, it makes being in my yard unenjoyable when I was working on the garden.
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But I really think it's a matter of compatibility and the fact that this is a very special neighborhood to us. And we're in a boom period. We have requests coming in all over the place. And the one thing we have not had a chance to do is really look at those neighborhoods that give us a sense of place that define who we are. Um, and those areas that we need to preserve or at least protect,
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Flag: a language review questioned the wording · 02:48:47–02:48:52 · unresolved: the words are not shown (unclear audio); listen to the recording
So, um, again, it's the compatibility issue.
Respectfully, I just want to respond to that. We had been working with the City Planning Council for for a year to ensure compatibility with everything they've asked for and we put a lot of investment to ensure that compatibility and we've been guided towards this path. So, you know, we've gone through the Planning Department approval through Board of Adjustment approval through a year plus of design challenges and engineering challenges in order to satisfy everything that City Planning wanted. So the guidance was in compatibility with both the zoning and the long term plan. And we even reached out to Orlando Sanford who said this is the future of outdoor spaces. This is the future of bars.
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don't want smoky indoor bars. They're going to leave
And
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you can see that in downtown Melbourne. People are abandoning downtown Melbourne because those places are those places. Like they just don't want to be there anymore. And we were very careful to follow all the wishes of planning to make it a special place for everybody within the neighborhood. So it feels kind of ‸ like we did everything we could.
do
that
okay
okay um
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tough decision but chair would like to make a motion to overrule the board of adjustments decision and i'm looking for a second and i and i will back up
that
okay we will have a discussion thank you councilwoman costs and my concerns that I stand on is the traffic flow excuse me traffic flow noise traffic safety compatibility with the surrounding neighborhood the amount of traffic that it would generate
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to land values ‸ so that is the reason why I will um stand on that motion and we have a second by
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of the questions was about the process that the owner had uh prior to starting work and
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doing the work and
no actually that's not correct it was after he came after he did um begin construction before any approvals okay so
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the narrative there we had a planner ‸ yeah
so um okay correct
yeah so he needed to go through planning zoning before obtaining building permits so that's why he had to submit for a site plan amendment and then trigger the order requirements for the parking waiver uh he also had a variance for a
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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:52:12–02:52:17 · unresolved: the words are not shown (unclear audio); listen to the recording
and also to operate as a
barring
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lounge. And I just want to highlight if he if he gets overturned here, ‸ he could have another business, but it's just going to impact his alcohol sales. He's not going to be able to operate as a bar. But, you know, since he mentioned he does have other, you know, intends as yoga practice and other things, I just want to highlight maybe, you know, it
could
be something
else.
could be something else
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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:52:42–02:52:44 · unresolved: the words are not shown (unclear audio); listen to the recording
bar, you know, to sell alcohol, it could be something else. But that's the special reception. I guess my point is the special reception wouldn't stop him from opening, but it will stop him
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Flag: numbers, amounts, negation or names differ between the machine readings · 02:52:54–02:52:58 · unresolved: the words are not shown (unclear audio); listen to the recording
you.
Point taker I think that that was one of my questions too. But sometimes um in the village you may have uh someone with a um Bluetooth speaker outside to attract businesses ‸ or clients to come in, right? And so that's what I was going to ask about the barbershop. If could this work is done, right? And I'm pretty sure regardless of what we do today, he's not taking this down. And so that was my question. My next question was, what can he do? And the biggest item is beer and alcohol goes away. And then he has to do something else other than beer and alcohol, which could be whatever, whatever that is. Okay.
But point of clarification, this man started construction without a permit. Am I correct?
Yes, that's correct.
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point I'm making, you got, you got, you got your point on that. I'm not, not arguing that point. All I'm saying is, regardless of if that happened or not, this, this this pavers are not going anywhere. He's not taking the fence down. He's not taking a ramp
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Flag: numbers, amounts, negation or names differ between the machine readings · 02:54:10–02:54:13 · unresolved: the words are not shown (unclear audio); listen to the recording
my, I was just making the point. He still can do something. Right.
He
just cannot have beer and alcohol at this location. Right. That's, that was my point. because I just know he's not,
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Flag: numbers, amounts, negation or names differ between the machine readings; words only one machine reading has (possibly not said); a language review questioned the wording · 02:54:27–02:54:34 · unresolved: the words are not shown (unclear audio); listen to the recording
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Come on now. I mean,
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And I will hear, I will hear from you, sir. And then I'm gonna call the question. i I just,
I just wanted the community to know who's here. Their expectation may be something different than what we think. So we need to clarify what that may be. If we vote no today, they need to know what that information is and what he can and cannot do. They need to know that. Right.
But but but why would you defy the law when you know the rules already? Why would you be
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That's just the bottom line. You know this.
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You knew this when you signed the document. You had your intentions already embedded in your membrane. So you just blatantly disrespectful.
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property. And and and I'm gonna ‸ stand on that strictly and solely. It was already eloquently stated already. So that's what I am going to be on that issue solely.
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I just want to make sure you. Yeah,
I'm I'm I'm ‸ done. okay I just want to make sure that ‸ anybody there's a resident that's close here.
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that this fencing, these pavers this this ramp is there. They just need to know what that is going to look like two months from now, whatever that is.
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because I don't want nobody thinking that, okay they voted no why is it still there, because I'm pretty sure that could be a question. So I'm making sure that that they know staff relayed that information. That's that's all I'm doing.
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has turned over. I don't know how many times since we started, but we did have a planner in place who got us through this entire process, which is a conversation, Mr. Blake, that you and I had an unfortunate conversation because that planner led us to believe that we were imminently going to be approved for this project it was erroneous information but that was the information that that planner had given and then that planner left the planning department And then we got a new planner.
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Flag: a language review questioned the wording · 02:56:57–02:57:02 · unresolved: the words are not shown (unclear audio); listen to the recording
that planner that this was going to be imminently approved and go ahead. We had actually been given a verbal go ahead. I know you don't believe me, but that's the conversation you i had over the phone for a long time. And I was adamant that I had invested all this
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Flag: numbers, amounts, negation or names differ between the machine readings · 02:57:16–02:57:18 · unresolved: the words are not shown (unclear audio); listen to the recording
pallets. uh we're We're not flush with cash. This is not a project that ‸ just uh flew by us. This was the one and only shot we had to make something work. And so as I told you over the phone,
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and then we said they said, oh no, you have to go through this whole whole long process. And
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Flag: numbers, amounts, negation or names differ between the machine readings · 02:57:38–02:57:40 · unresolved: the words are not shown (unclear audio); listen to the recording
this this project would have never gotten done. It looked like a hole in the dirt just like it was before.
Can I say something? I'm sorry. i'm gonna interrupt you, Mr. High School.
‸ And
the planning department's
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Flag: the recognizer flagged its own output · 02:57:51–02:57:54 · unresolved: the words are not shown (unclear audio); listen to the recording
erroneous information that led us down to uh again a path we shouldn't have taken but it was there anyways and so we've corrected that since the site plan has
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Flag: numbers, amounts, negation or names differ between the machine readings · 02:58:04–02:58:07 · unresolved: the words are not shown (unclear audio); listen to the recording
can stay
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We weren't trying to be defined to anybody and i I think I'd
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Flag: the recognizer flagged its own output · 02:58:13–02:58:16 · unresolved: the words are not shown (unclear audio); listen to the recording
and i you said you got to do what you got to do if you remember that advice.
oh absolutely and I still stand on most principles. ‸ And you said follow
the process you got to do what you got to do.
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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 02:58:26–02:58:30 · unresolved: the words are not shown (unclear audio); listen to the recording
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without a proper permit and I made that vividly clear to you, sir,
but but I stopped everything. and
you I'm not going to get in the word of
semantics
with you. Here we are. I just wanted to make
a
decision that I
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Flag: numbers, amounts, negation or names differ between the machine readings · 02:58:42–02:58:42 · unresolved: the words are not shown (unclear audio); listen to the recording
to make my decision, sir. Okay. and and and I do thank you for your quality time, sir. um Anything else before I listen to uh my Miss Lucy and then we'll move forward.
Yes, sir.
Okay, sir.
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Flag: a language review questioned the wording · 02:58:58–02:59:00 · unresolved: the words are not shown (unclear audio); listen to the recording
the the fact that he did contact planning zoning before he submitted an application for the special reception but he wasn't clear what the intent of the use was. So he was never disclosed the intent was to sell alcohol because in his mind wine and beer was not considered liquor. So the previous staff that left our department she had no concerns because she understood from the you know meetings and communication through the phone and in person she didn't know there was alcohol involved and then
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Flag: a language review questioned the wording · 02:59:31–02:59:34 · unresolved: the words are not shown (unclear audio); listen to the recording
for this. So that's why ‸ was the confusion from with the previous planner.
‸ also also Lucy that's not an approval. So so usually our process is you can come in for a pre-application meeting so you can walk in the door you can talk to a planner. They may give you their opinion there but that that's not the official answer because you have to submit an application so you have to submit a site plan application that wasn't done
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Flag: a language review questioned the wording · 03:00:06–03:00:12 · unresolved: the words are not shown (unclear audio); listen to the recording
pay your fee then staff all staff involved from various departments is then reviewing the submission there so so he may have talked to planners over the course of a year but again officially um this wasn't under review until he submitted that site plan application, which was October 15, 2023, and that's when the process actually started.
Thank you very much, on
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Flag: a language review questioned the wording · 03:00:40–03:00:44 · unresolved: the words are not shown (unclear audio); listen to the recording
so Yes, sir.
Mr. City Attorney. Yeah, the only point I would make, since there ‸ I don't know how the council is going to vote on this motion, but since there's a motion on the floor, um you know, to, to reverse ‸ the board of adjustment, if that motion were to, uh pass, then, you know, my recommendation would be that I would draw up a written order consistent with that decision, and then it will come back to the council just for the review and final approval of the written order. ‸ Because ‸ if the council is inclined to, you know, ultimately, um affirm, then, you know, staffs report lays out, um the findings and, um the conditions of that order. So that, that, that would be the written order. If it's, if it's to affirm stated in the
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attorney has elaborated on? Okay. um
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Flag: a language review questioned the wording · 03:01:39–03:01:44 · unresolved: the words are not shown (unclear audio); listen to the recording
motion led, even though
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sure it's for the record.
Well, what I have, sir, is that, uh the motion is to overturn the
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Flag: numbers, amounts, negation or names differ between the machine readings · 03:01:55–03:01:55 · unresolved: the words are not shown (unclear audio); listen to the recording
approval of the special exception for a
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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 03:02:00–03:02:03 · unresolved: the words are not shown (unclear audio); listen to the recording
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I also noted for discussion because there was discussion following. Thank
you very much, Madam Clerk.
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Flag: the machine readings disagree here · 03:02:08–03:02:10 · unresolved: the words are not shown (unclear audio); listen to the recording
getting ready to call the question. All in favor by saying aye. Aye. Aye. Any nays?
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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 03:02:18–03:02:24 · unresolved: the words are not shown (unclear audio); listen to the recording
or yes
i'll prepare a written order for your approval at the next at the next council meeting okay
thank you very much
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Flag: a language review questioned the wording · 03:02:31–03:02:35 · unresolved: the words are not shown (unclear audio); listen to the recording
i need to take a five minute recess. All in favor saying aye. I need to set the second. Thank you. Second by uh Deputy
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Flag: numbers, amounts, negation or names differ between the machine readings · 03:02:43–03:02:44 · unresolved: the words are not shown (unclear audio); listen to the recording
you very much. You got that, Madam Clerk? Thank you, ma'am. Five minute recess.
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Flag: numbers, amounts, negation or names differ between the machine readings · 03:15:08–03:15:12 · unresolved: the words are not shown (unclear audio); listen to the recording
the floor by Councilman Goins. Proceeding on tonight's item number 6-2, consideration of a land development code amendment to appendix A, article 11, section 4A and 22 of the zoning ordinance of the city of Cocoa to allow for ‸ neighborhood commercial mixed-use development and public parking on certain very limited properties within this consent decree area.
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Flag: numbers, amounts, negation or names differ between the machine readings · 03:15:41–03:15:47 · unresolved: the words are not shown (unclear audio); listen to the recording
decree, amending the list of permitted and special exceptions uses and number 2, building types permitted for those certain properties authorized for neighborhood commercial and mixed-use developed within the heart of Cocoa, sub-district of the Cocoa waterfront overlay. Number 3, amending the bulk regulations for single-family duplex, triplex, fourplex development in the consent decree area. Number 4,
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This is the first reading, August ‸ 7th, 2024,
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Okay, ordinance number 11-2024. An ordinance of the city
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article 11, section 4A, and 22 of the zoning
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Flag: numbers, amounts, negation or names differ between the machine readings · 03:16:51–03:16:54 · unresolved: the words are not shown (unclear audio); listen to the recording
mixed-use development. And public parking on certain very limited properties within the consent decree area. Also
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decree.
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Amending the building types permitted for those properties authorized for neighborhood commercial and mixed-use
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overlay.
is
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more particularly depicted on exhibit A attached here to
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consent decree area.
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Providing for the repeal of prior and consistent ordinances and resolutions. Incorporation into the code severability and incorporation
into the code severability and
an effective date. Again, this is first reading, also a public hearing.
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to a federal court consent decree. And under that consent decree, it does permit, um, the substitute consent decree that is, does permit the city council to consider introducing neighborhood commercial uses in certain, uh, certain properties within the heart of Cocoa area. And that's primarily what this ordinance does. It does introduce those neighborhood commercial uses. In addition, uh, the public parking use for certain properties, um, close to, uh, state road 520 owned by the city, which, uh, the city intends to use for public parking to support potential neighborhood commercial uses, um, in the, in the heart of Cocoa area.
There's
also some technical amendments. I think staff has a power PowerPoint
presentations
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I don't want
to steal
all of
their
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thunder, but you know, this, this is, uh, ‸ is rooted in the, uh,
the
federal consent decree and, you know, proper notice was sent to plaintiff's council regarding the proposed ordinance.
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for the city council's consideration.
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over to you ladies,
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Mr. City manager, do you have anything you would like to share with the server?
Uh, no, sir. We, we do have the presentation. Mr. Garganese gave you a good overview. So I don't know where you want to proceed from here.
Okay, sir. Thank you very much. Mr. City manager. Ladies, Mrs. Webster.
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long night. I'll try to make it quick. Uh,
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amendment. And as been previously stated, it's a consideration of this, uh, land development code amendment to
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zoning ordinance of ‸ city of cocoa to allow for optional neighborhood commercial and public parking on a limited properties to support the commercial uses in the consent decree.
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Uh,
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of permitted uses. Uh, to add building types permitted on certain properties. designated for this neighborhood commercial and to amend the lot regulations for residential development. So the purpose of this request is in an effort to ensure consistency with a substitute consent ‸ decree and to facilitate the development of attainable and affordable housing on existing lots within the consent decree area. The consent decree area, as many of us know, uh, also known as the heart of cocoa neighborhood is generally bounded by several major roadways,
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on the north south cocoa boulevard or us one on the west and Rosa L Jones boulevard on the south. The consent decree area heart of cocoa is also a sub district of the cocoa waterfront overlay district and the cocoa redevelopment agency. The
consent decree. It
is zoned.
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use of low density residential, which is seven dwelling units per acre. And just
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and unique to the heart of cocoa consent decree area. So according to the cocoa comprehensive plan neighborhood commercial uses are intended to be low impact in nature and serve the needs of the immediate residential area. As part of this ordinance, the above lots only are proposed for optional commercial development in addition to the underlying residential use. And I'm talking about
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the perimeter of the consent decree. Those neighborhood commercial lots shall be designated in appendix a of the cocoa zoning code article 11 section 22 waterfront overlay district in the regulating plan, which is a map in the code itself. The neighborhood commercial uses shall be permitted either in a single story commercial building or on the ground floor in a mixed use building in which residential is the primary use. So still a focus on the residential character of the neighborhood.
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If it's less than 7500 square feet personal service establishment such as beauty.
bar
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beauty shop barber laundry dry cleaning ‸ tailor shops, et cetera.
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dental clinics animal clinics and childcare centers and daycare facilities have been added as an allowable use by special exception only and electronic communication transmission. facilities and exchanges will no
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And
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was mentioned is on the north side of the map there in the blue hatched area. So this amendment also adds permitted building types, a commercial mixed use building types or for a single. Building lot designed to accommodate a maximum of a three story but building with commercial office and or multiple dwellings in any story again where residential is the primary use.
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and accommodate a single use office and retail. The technical amendments are being made that will streamline the research process when trying to
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the zoning code showing lot development regulations is being revised from the chart you see on the left.
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So the regulating. Here's a map of the the regulating plan itself. Is the plan that regulates the front building setback and building types for the Cocoa Waterfront Overlay District and
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be found in the table on the regulating plan as you see highlighted here in the Heart of Cocoa um sub district is highlighted in yellow there where you see the allowable residential building types as well as the new commercial building types. And this is an example of the residential building type from section 22 again in the Waterfront Overlay District guidelines showing lot requirements for a standard house and this is just one of the four examples. Here you can find the additional lot development requirements. so the planning and zoning staff report covers the analysis of the criteria according to Appendix
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regard to impact to land use pattern school districts consistency with the comprehensive plan traffic stormwater and other utilities and public services and has determined that the zoning text change will not negatively or adversely impact the neighborhood or surrounding areas. Also, the proposed ordinance is consistent with the
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future land use categories, redevelopment, neighborhood protection, sustainability and energy efficiency, smart growth principles and community revitalization. Planning and zoning board unanimously
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amendment to Appendix A Article 11
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ordinance of the city of Cocoa to allow for neighborhood commercial ‸ mixed-use development and public park parking on certain very limited properties. when this within the consent decree also known as the heart of cocoa consistent with a substitute consent decree amending the list of permitted and special exception uses and the building types permitted for those certain properties
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of the cocoa waterfront overlay the end the
end
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any questions that's why I'm looking at you I know it's in district number one
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Please come forward and state your name. for us Please and submit a card to address these
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going once going twice to you both ladies heck of a presentation to you both and I want to say thank you very detailed
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an a's a's have it unanimously.
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Code Enforcement Board. Chair like to make a motion to approve.
Thank
you. ‸ sir. Okay we got
a motion
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on the floor by the
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on
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favor by saying
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I'm coming to you yeah
I
said unanimously proceeding on to item number seven dash two we do have a card from the honorable
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Drive. ‸ be reduced
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code enforcement board I'm gonna make a motion I'm gonna get us with the blessings of council and then we're turning the floor over to you sir chair like to make a motion to approve staff recommend code enforcement and recommendation and
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thank you
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mr. cow king ‸ thank
you your honorable mayor ‸ pleasure to be with you all tonight
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if you don't have any questions we're good Let's move forward sir. Thank you sir. Have a great night. That's one fine haircut you got there
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Trying
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Great minds think
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all in favor saying
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Okay proceeding on to the most important item number three. We don't even have to consider the appointment of a qualified candidate Patricia weeks to fill the vacancy and unexpired term of the city council district number three seat three through November 2024. Please, ladies and gentlemen, let's give the Honorable yours truly, Ms. Patricia Weeks a round of applause. as she comes down.
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as well, because I see ‸ shirts of black there, and green and white and beige and stripes. Okay, and yes, sir, we're going to go down.
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favor say aye.
Aye.
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That's a no-brainer. But we would like, with your blessings, because this is the city clerk has to indoctrinate you, ma'am. Is that correct? Yes, ma'am.
Congratulations. Thank you. ‸ Thank you.
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the pen to her, but I understand it will be honorable of you to
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Well,
I have a question. I
gotta answer. So,
I was 20 years in the military and we would tack them on? Oh!
‸ I think we have cameras out.
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Okay. Do I stand here to get sworn in?
Okay.
Okay.
Okay.
If you'll raise your right hand for me, please. Repeat after me. I do solemnly swear or affirm.
I do solemnly swear or affirm.
That I will support the Constitution of the United States of America.
That I will support the Constitution of the United States of America.
And the State of Florida.
And the State of Florida.
That I will observe the provisions. That
I will observe the provisions. Of
the Charter and ordinances.
Of the Charter and of the ordinances.
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And that I will faithfully perform.
And discharge
the duties. And discharge the duties.
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Of
which
I'm
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about to enter.
Thank you.
All right.
Yay!
Come on
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Get your cameras out, ladies and gentlemen.
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No. There you go, dear.
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Yay!
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No, man.
You're a front center.
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So on behalf
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Flag: numbers, amounts, negation or names differ between the machine readings · 03:33:23–03:33:25 · unresolved: the words are not shown (unclear audio); listen to the recording
you. From District Number 3, yours truly Patricia Weeks. Let's give her another round of applause. Come on.
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Come on.
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That's good. Okay.
Come on. Let's take a picture. Now, yes. Now, we will make
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Yes. So we'll be official. Amen? Exactly. All right. Yeah. Okay. Let's get in. Come
on.
Come
on. Come on.
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just wanted to say real quick to all of you who've been so supportive. Thank you so much for coming out and waiting through this whole evening.
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And thank you to the council for voting me
and
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I appreciate it very much. And I look forward to working with you. All
right. Yeah.
Ma'am, greatness awaits you. Greatness. So we thank you very much. We thank you with open arms.
Thank you.
We appreciate you. And there's nothing like powers in the numbers that you have
the
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support ‸ your family and friends.
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My
kids were here.
‸ I would like to say something.
Councilwoman calls? Councilwoman calls. Yes.
I wanted to say congratulations, Pat. And I would not have missed this for the world. When I got this cheap ticket three months ago, if I had known what we were going to be doing
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I'm looking forward to working with you and having another woman on the council.
Thank you.
And my battery is going to be fading out soon. So ‸ have a good evening.
Thank you so much, Lorraine. I appreciate that. And I forgot my mom, who turns 90 October 1st, is watching from Arkansas. Hey, Mom. I'm so glad you're watching and got to see this.
That should be tears of joy. Absolutely.
Let's give it. No, ma'am.
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Well,
I
got to go get the book. They gave me.
Oh, okay. Okay. Okay. Anything else?
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Yes. Yes. I told her. She said she's getting a book. Yep. Her council book, I'm assuming.
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Thank you.
Thank
you.
Okay.
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Okay.
Um, proceeding on to the next item here, please, ma'am, please, sir. Up here.
Up
here. Ma'am?
Um,
I,
did
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the record reflect, I'm going to have to get off. ‸ My battery is,
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off in a couple minutes here. I
understand, ma'am. Thank you. But guess what? I was going to show you the picture of you and I that was taken along with council and the Space Coast League of Cities, but I'll wait
till
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you return. Okay?
Okay. Sounds good. Thank you. Thank
you, ma'am. All right. Come to the podium, Mr. Williams, sir. You know,
you
know, I must make me call you by your nickname, but you had to catch myself. We do support youth football, sir. You lead. You done a phenomenal job, dynamic job.
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in the amount of $1,000. Would you like to say anything before we chair calls a motion?
Yeah. I appreciate the work y'all did on the field. You know, we got a few more things we need to clean up, like, you know, the bathroom and the concession stand, but as far as the field, y'all did a good job.
Okay. Thank you, sir. All right. Okay. What are the wishes of council? Wait a minute.
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With your blessings, can we let the newest member make this? She's sitting in on the first night.
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I moved. What? I
move that
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Second.
You got a
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All in favor by saying aye. Aye.
You
got
your first
motion. You got your first motion completed.
Aye's added unanimously. Thank you very much. President Williams, sir.
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Yes, sir. Moving on to city business.
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the final assessment resolution.
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year 2025. Do you know this ordinance was approved at the council meeting May 9th.
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We
got a motion
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Second by the chair. But Mrs. Bowman, do you want to say anything? Sir,
this is the second reading and nothing has changed.
Yes, ma'am. Okay. Now, let me show you this switch right here. Oh, press that switch and that light comes on. Go ahead, ma'am.
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I just would like you to explain something to me. It says that ‸ it's going up 3%, correct?
Yes, ma'am.
Okay. But yet on the one page, it showed that the maximum rate is not changing. So how's it going up 3%?
The
index
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rate is going up, but the maximum that it can get to is not going up as well as staying capped at what it was.
So that so most people are not going to pay that maximum. It's just going up 3%. But if it was
what it was, whatever their assessment was the prior year.
Okay. Yeah,
but the the maximum assessment is established when the rate methodology was initially approved
for
the fire assessment. So think of it as a cap that's set well in advance. It doesn't mean you have to go to the cap and but you can make adjustments up to the cap.
Okay. So
that that maximum assessment rate has been a good number of years now.
Long
time.
So we're nowhere near the cap
then. There's room to in the event that additional funds are needed in subsequent years, then you can increase the assessment rate up to the maximum cap.
Okay, I was just wondering because when I went back through it looks like every single year they get 3% so I didn't know. You know what the point of that was that that every year they got 3% and then we're in looking at this. It didn't look like that changed as far as the maximum. So I was just trying to understand that.
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‸ Okay. Okay. So we have a motion on the floor in a second.
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I think the motion was by Councilman Goins. And
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sorry. Good.
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All in favor saying aye. Aye. Aye. Any nays? Proceeding on to item number 8-2.
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What are the wishes of Council?
Motion
to approve.
We have a motion on the floor by Deputy Mayor Hearn. Second by the chair.
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All in favor saying aye. Aye. Any nays? Ayes have it unanimously. Our final item for tonight.
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Approve a resolution amending the fiscal year ‸ 25 budget.
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For the provision of $50,000 of state and local fiscal recovery funds.
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to fund projects presently on the program's wait list. What are the wishes of Council? I
move to approve.
We have a motion on the floor by Councilwoman Weeks and a second by Deputy Mayor Hearn. Chair's going to call the question. All in favor saying aye. Aye. Any nays? Ayes have it unanimously. Proceeding on to informational agenda. Before we even get started, I wish everyone would join me
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Happy
birthday dear Stockton. Happy
birthday
to you. And many more.
Don't give up your day.
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sir. Okay, no reports from the city manager. Okay, let's see the attorney
Just I can't I have to congratulate miss weeks welcome to the council first and foremost and then second
I'm gonna
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congratulate the mayor because he's now the president of the Florida League of Cities
‸ Thank
you very much
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staff Thank you city manager, but more so thank you council for being there in support of this great endeavor And the citizens of Coco because teamwork is dream work team Coco and I want to say thank you all And it was a pleasure having your face in the place with the human race And I look forward to great things coming out
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Thank you very much viva la league
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We're gonna go straight down the road Okay, get our councilman going
Congratulations
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Yes Thank you
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All right So we have a
this is
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she is a
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citizen.
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she is now the 4x400 world champion. She lives in district number two, four by Cambridge?
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four. Good deal. And so I sent some information to
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something for her. And I believe she may be one of the only folks in Brevard County that ever won the Masters World Championship as well.
That's awesome. So
that's her as well. So she's a mother of three. And she's also a federal probation officer.
She's
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graduated from UCF. So she's doing all of these things.
She
runs the track.
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This is some art. I just took some photos of this. I really want to bring something to council and maybe we can have a conversation about. I know we do it on CRAs as far as the facade grants and things. ‸ But I think maybe we can do something to focus more on art on some of our buildings. I know we have a few spots downtown to have. ‸ This was in Memphis. When I
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seen a few photos on different corners.
That
kind of was very interesting.
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This was
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I
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But this was their first day. Great attendance. It was a great time to see so many kids playing at Provo.
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Probably 20, 30 years.
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So I think it's around 75 to 100 football cheerleaders that are currently at that organization. But it's also showing ‸ the money
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Again, congratulations.
Councilwoman
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and also Mayor Blake for now being the president of Four
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Thank you all. Thank you very much.
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I don't have any pictures this week for District 2. I'm having email issues. Hopefully we can get that resolved tomorrow.
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off,
I
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like to congratulate
miss
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Weeks, Councilwoman Weeks, on your appointment on the council. Looking forward to having you here. And you can't leave.
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So congratulations. Congratulations to the mayor as well on your appointment as president for the Florida League of Cities. I wish I'm going to bring ‸ my pictures next week. I had an awesome time at the Florida League of Cities learning so many new things and seeing other cities are dealing with the same issues we are. There was conversations
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workshops on the new ordinance that's going to be coming up in October in regards to the homeless.
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So hopefully we'll be able to implement some of that knowledge that we learned down there here. Also, as far as the construction is going on
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I'm glad to see that that's starting to move along a little faster.
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They're starting to level the road back out and cover up the pipes. So that's good news in District 2. Oh,
there
was something else.
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Oh, oh,
so
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it looks like I'm going to be with the City ‸ Council for another four years. Congratulations.
Congratulations.
So that's great. And I'm glad that the citizens of District 2 and all
the
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Cocoa embrace me. And that shows that, you know, we're doing good things here on the council. And let's carry on that good work.
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Thank you very much, sir. Thank you from District 1 and District 2 for your acknowledgement as president of the league.
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Well, obviously being new, I don't have any anything picture-wise to share. But I met with the TPO guy when ‸ we did that
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And he's been getting back to me because I've been hearing a lot of people complaining about 524. When are we going to do something?
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Because it's very dangerous. And he has informed me that they are going, it's on their radar, and they're going to put a turning lane from 524 on to Adamson, from Adamson on to 524. They are against putting a light there, but at least that may help some of that. So that was very productive to have gone to that and met him and talked with him. And he's been communicating with me. So that's good. So that's all I have at this point from District 3.
All right. Thank you. And congratulations to you again. Thank you. And to you as well. Thank you kindly, ma'am.
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Is
she there? Because I want to, just in case, I don't know. Councilwoman Calls? Okay. Real quick, it'll be short and sweet. I'll save all my pictures for next council meeting. Special shout out to both the police department and the fire department.
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between Michigan and Clear Lake, I think. A young lady by the name of Mrs. Sumlin. She paid high acknowledgement and praises for both the police department and the fire department.
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her down.
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And she spoke highly of both departments. So kudos to the men and women of both departments. ‸ Also,
I
would like to say thank you very much, the city manager, for being there at ‸ my indoctrination. My pastor was there. My family was there. Thank you, council, for being there. Because there's power in numbers. City staff and citizens of the great city of Cocoa. We thank you very much. And also, I
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the new ‸ dedication to ‸ the computers at Travis Park. And Mr. Beach, yes. Yes, sir. No, no.
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Thank you very much. Thank you,
Mr.
City Manager. And I just want to say thank you very much, ladies and gentlemen. And congratulations to you, Councilman Hearn, for going unopposed. That's awesome. I think that's a
rare
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There's nothing but a few times. And you. It's a nice feeling. Yes, indeed.
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Greatness awaits us.
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God bless these great United States of America. Go in peace. And again, happy birthday.
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Motion adjourned.
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Second by those Gators. All in favor and say
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And the names.
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So I have a question for you, sir.
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Flag: the recognizer flagged its own output; a language review questioned the wording · 03:53:37–03:53:38 · unresolved: the words are not shown (unclear audio); listen to the recording
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