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The recording's machine transcription is below. It is unverified: words and names may be misheard, and it cannot establish who acted or how anyone voted.
Agenda (the City's wording)
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Transcript Partial transcript
Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have
not been checked against the audio, so words, numbers and names can be misheard.
It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's
minutes do that (above).
A time links to its passage, and “Copy link” copies that link. No recording can be started from here.
98 suspect passage(s) marked in place.
How this transcript was made. New machine transcription of the whole recording, with 12 voices separated from the audio.
15 short machine repair(s) (19 word(s)) are labelled in place, with the original words beside them: an ordinary word was replaced only where two further machine readings agreed on a different one.
Checks run on this transcript: the recognizer's own warning signs, whether a voice was detected where the words are and a language review for likely mishearings.
A second, independent machine reading was compared with it word by word: the same words for 92.2% of 4,023 content words.
Dotted words (70 places) are ordinary wording differences: hover or tap to see the other reading.
98 passages (23% of the words) are marked suspect: their words are not shown ("unclear audio") and support no statement: numbers, amounts, negation or names differ; the language review questioned them; or no voice was detected there.
Agreement between two machine readings is not verification.
Speakers were separated by voice. A plain name rests on evidence tied to that voice; “provisional” is a name from an earlier text-only pass and is not verified; “Speaker N” is an unidentified voice.
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could ask that we make an adjustment to the agenda tonight and we do the voting ‸ or selection of a new chairperson and co-chair to the end and make that change to the agenda and go on with the item and then bring that.
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Okay. Motion has been seconded. All those in favor say aye. Aye. All those opposed? Motion carries unanimously. Under new business, consideration of an extension of time for item number 22-250. Does staff want to make a presentation?
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approve the first modification to the development agreement, where the applicant has seven months to obtain a site plan approval and 13 months to obtain building permits.
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This is Kristen. The recommended motion is included in the staff report, and that recommended motion is written in a fashion where it is essentially mirroring the time periods that the city council recommended in the first modifications of the development agreement. So that recommended motion language is ‸ provided for the board.
Thank you. I do have a question. And I guess it's for the attorney. I'm a little confused. Shouldn't this have come before the board of adjustments first, before it went to council to ask for the extension? It was under consent with the council a month ago, and I would have thought it should have come to the board of adjustments first. Am I wrong in that thinking?
‸ I mean, this is getting into some details, but if you recall, a development agreement was required for the project because of different, essentially, variances or waivers that were granted through that development agreement. And so the city council was also approval to grant an extension was also ‸ required. And so it was presented to the city council first because, again, the development agreement contained some of those variances and waivers that were needed.
Okay. I don't know that this can be made a condition of the extension, but it would be very much appreciated if the property owners during this extension time would take care of, in addition to ownership of that property, and I'm referring to accumulated trash, unmown grass, and the proliferation of urban campers. We've had to rely on the Keep Brevard Beautiful Organization to keep the litter out of the lot. The police have had to do the work to keep the urban campers out of the lot. And it would go a long way towards showing your goodwill toward the village if that lot looked pristine during this extension period.
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because people are just like driving over our landscaping, our bushes, our sprinkler systems. But we also thought that, you know, folks in the city may not like that because that parking is needed. So, you know, we haven't done that. I mean, if it was honestly up to me, I would have had it all chained up and nobody on there. So, but I'll ask our maintenance
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And then in the staff finding it, it reads second sentence, the parking requirements for a fast food restaurant with drive-thru use are one space per 200 square feet, plus five stacking spaces for the drive-thru. And then it goes on to say, therefore, the drive-thru use would require 18 spaces. And it's like, huh? I don't get it.
Well, the stacking isn't, uh, parking. Stacking is for when they're actually going into the drive-thru. So we're not counting that there's enough stacking space for five vehicles there.
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I would recommend to the board that we, um, focus our attention on the request for an extension of time on the condition of approval because the special exception was already ‸ approved. Um, and so, you know, this is not intended to open up, um, reconsideration of, you know, the details of the special exception.
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Correct. I just, I do want to clarify though that the, um, there will be 12, um, there's actually enough for 12 cars to be stacked. Just so you know that that's available.
Okay. Okay. The other thing I want the board to understand is that, uh, when, when we go through in the future, future land use plan and say they want to, they want to widen the bridge to six lanes.
the state DOT probably has already envisioned that and they must have something in mind. Otherwise they would not, um, allow you to, um, uh, ‸ redevelop, uh, that portion of downtown Cocoa. I would think.
Yeah. That's what I think. Yeah. But these are just things that, uh, the board should be aware of. And, uh, if we're done with our discussion and don't want to ask the, uh, applicant any more questions or any, any questions for the applicant.
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not going to have the traffic volume, um, being that it's not quite, um, the most popular banking association in the area. Um, and it talks about, uh, there are multiple uses for foods in the rest of the village.
multiple cars coming in at one time. I just, I know we're not looking at past results here, but I was not on the board when this was voted for. And that's just a question that I have. How are we honestly comparing this to a bank that has much fewer car flow and comparing the food services to sit down restaurants as opposed to a
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Well, I would beg to differ based off the amount of houses and people that are moving into the area and other city votes calling for more houses to come to the area.
and updated for this. Um, I know currently that FDOT has been involved in the review and is reviewing the location of the driveways for this site. And all of that will be done prior to the release and approval before they open their door.
The city goes through and that is being done. This is not the only approval that the site will, will get. So that is writing separately. Again, this is just for an extension of time. And if we weren't concerned about doing this, right, we would not be here asking for an extension of time. Trust me, they would be out the door and we would not be here asking for an extension of time.
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asking for this for ‸ the right way, making them come here and asking for an extension of time is doing this the right way. So we still have going through the site plan process. It is not approved.
plan meeting with us. So get your ducks in a row and call us and come have a meeting. So that's still happening and they can all should be nodding yes right now and saying that. Okay. So just for clarification, they still have a hell of ‸ heavy lifting to do for us.
Excuse me. I have one question for you. Being that we're back a second time, we approved this with a one year and you're asking for seven months, I would like to ask you whether we should give more than seven months because ‸ things just don't work out the way in delays or something when you're looking into the future, particularly when it involves site plans.
And I was thinking that the ‸ board, and I'm asking you whether you concur ‸ with this, is that the board should seriously consider going from seven months to one full 12-month year in their motion. Would that be something you would concur with?
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So if you refer to the recommended motion, ‸ that was drafted in such a way that we're actually not referencing a specific period of time. What we're trying to do, or what's suggested for the board's consideration, is marrying the time period here for the extension with what is in the first modification to the development agreement. What's in that currently is the seven months and the 13 months for building permits. However, we've said in this recommended motion that if the city council desired to provide an additional extension, that the board of adjustments special exception would be continuous and concurrent with that. So if there were a future desire on the city council's behalf to provide additional extensions, it would not need to come back to the board. So it was drafted with that intent in mind.
Just another clarification, if you would. It's my understanding that this has always been an agreement for a named, specifically named entity, which is the Starbucks. And yet we occasionally hear the term drive-thru restaurant used. And I just want to make sure that I understand that this is not a document approving a drive-thru restaurant.
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Okay. Yeah. The development agreement is for a nationally recognized coffee shop chain. So it is not specifically Starbucks, ‸ but it is a nationally recognized coffee shop chain and would not be any other type of restaurant.
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And this is Kristen again. Just to make sure, since I can't see, do we have anybody else in the audience that would need ‸ to make any public comment before voting?
final thought that unless there's a real compelling reason to not approve this tonight, you would have to back that up with some facts that were believable.
So again, that is, this is Kristen. So if that's the motion of the board, that's fine to consider. However, we did provide a recommended motion and language.
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first modification. The special exception shall not become effective until the site plan and building permits have been obtained and developer has substantially commenced vertical construction of the project in accordance with the first modification.
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basis to allow other members to become chair and vice chair. Just a matter of professional development and growth. ‸ I think it's important for everyone on the board to have an opportunity should they so desire to
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typically the way that we would do the election of chair and vice chair is you would open the floor for nominations, um, for each separately. Okay. Yeah. So, and then vote on any of those that are, are nominated.
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Okay. Um, we'll just close the nomination process. So we've got the, um, the combination of the chair and the vice chair as one motion and one vote. So, um, I'll call the question and I'll let Monica, um,
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Okay. The votes unanimously. And, um, we have a new chair and a new vice chair. I welcome them, uh, the opportunity for, uh, their own personal and, uh, professional growth. That, um, they will, I'm confident that they will serve the office as well.
uh, autocrats, I guess you would call them. But I think it's very important to, to, to have in mind to, uh, kind of rotate a little bit and give people this, the opportunity to, to be chairman and vice chair. I think it's very, very important for this. So
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