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The City's record
What the City's record shows
Built only from the City's minutes (1157_PZ_Reg_Minutes_05_01_2024.pdf). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
The roll call could not be read reliably from the minutes' text (the reading did not include BURGESS . oS, who voted later in the meeting), so it is not stated here; the first page of the minutes is the record.
Adopted actions (4)
to APPROVE THE MAY 1, 2024 REGULAR a MEETING AGENDA AS WRITTEN (moved by ANDERSON, seconded by BOARD : 7 MEMBER GREENWOOD); PASSED; ayes: PARK, ANDERSON, CHABOT, GREENWOOD, BURGESS; nays: none — the City's minutes, page not read
to APPROVE THE April 3, 2024 REGULAR : ; MEETING MINUTES AS WRITTEN (moved by CHABOT); PASSED 5-0; ayes: PARK, ANDERSON, CHABOT, GREENWOOD, BURGESS . oS; nays: none — the City's minutes, page not read
to APPROVE THE ORDINANCE WITH THE RECOMMENDED CHANGES AS DISCUSSED (moved by PARK, seconded by (not read reliably from the minutes' text — the page is the record)); PASSED 6-0; ayes: PARK, ANDERSON, CHABOT, GREENWOOD, BURGESS, STEWART; nays: none — the City's minutes, page not read
to ADJOURN THE MEETING (moved by MEMBER VICE CHAIRPERSON ANDERSON); PASSED 6-0; individual ballots not stated (the names read do not match the printed tally) — the City's minutes, page not read
Agenda (the City's wording)
The City's agenda for this meeting is on file (PZ_Reg_Agenda_05_01_2024), but its item list has not been read reliably by machine yet, so no outline is shown.
Transcript Partial transcript
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All right. Thank you. We'll do the Pledge of Allegiance. Please stand. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation,
Next, we'll move on to item two. Number one, item one of section two, the agenda. Do we have any changes or have a motion to approve the agenda? Approve as submitted. Okay. Motion on the floor. Mr. Anderson? There's a second. Second. All right. We don't have a lot of folks, so. That's it.
You got it. All right. So all in favor? Aye. Aye. Any opposed? All right. Excellent. Moving on to the minutes of last month. Any discussion or approval of the minutes?
Good night. Good evening, everyone. I just want to take the chance a moment to introduce. We have a new planner, Jennifer Webster. She's been with us now for four weeks. I just want to ‸ let you know in the future, she'll be handling the plannings on a board meetings.
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This is a proposed ordinance that has some rather substantial amendments to the city's subdivision code. And due to that, I'm going to be the one presenting it this evening.
I believe was the last time that this section of code was really touched. And so what we're focusing on at this time is updating some of what I'll call the ‸ procedures and application requirements that relate to subdivisions. The Chapter 18 does have quite a few other provisions in it. So, for example, if you were to pull it up, you would see that, you know, there are standards that relate to things like how thick does the asphalt need to be in a subdivision? How, you know, what are the slope ‸ ratios for a stormwater pond? Those things we're not touching at the moment. We're focusing more on, like I said, what are the application requirements for a subdivision and how are we going to process them? So, ‸ the amendments are in that vein. I'm going to walk. Yes.
When you say subdivisions, then that means proposed subdivisions or existing subdivisions that want to enlarge? Or is it strictly any new subdivisions that come to the board is how this is altering it?
Yeah. It would primarily be new subdivisions. I suppose if there was a replat, for example, I mean, these provisions would apply to a replat. Is your mic on?
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I will get into that. I will get into that. Um, but there could be a replats if, um, there's an existing subdivision, um, that there wanted, there was going to be further division of the land. Um, or sometimes you have a, uh, an amalgamation of different properties that are different part of already existing plots. These procedures would apply to them.
Okay. So the, the, um, I thought I would start out by, um, and, and I'm just going to go over the highest level kind of summary. I'm not going to go through every single change,
um, I thought I would start out by talking a little bit about the, the current regulations and what, what they provide. So, first of all, the, the current subdivision code provides that a plat is required or a subdivision is required for all divisions of land into two or more lots with a couple of exceptions that are provided in the code.
State law requires a subdivision plat to be approved for divisions of land into three or more lots. So one of the changes, and that'll be actually on the next slide, but one of the changes is going to three or more lots for a full subdivision approval. Um, because that's consistent with state law. Uh, ‸ the current code also requires, uh, we Coco follows a, um, two step plotting process, meaning that we have a preliminary plat that has to be submitted first when someone wants to subdivide land. Um,
that authorizes the, uh, developer to install what I'll call the common improvements, right? The, the roads, stormwater infrastructure, utilities, the things that are common to the, to the, uh, to the subdivision. It does not authorize them to sell lots. The preliminary plat does not authorize them to sell lots. Um,
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until the final plat is approved by the city council. And that's, that's the current, uh, requirement. Um, also to the extent that common subdivision improvements like the roads, utilities,
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um, are not completed prior to, uh, final plat, uh, the submission of the application for the final plat. The current code allows the developer to submit a performance bond. Um, and that guarantees the construction of those improvements. Um, really the, the public improvements
um, which is a third party to, um, complete the improvements to the extent that the developer, let's say, uh, you know, files for bankruptcy or disappears, doesn't complete the project.
going to get into some of the proposed amendments here. So, as I said, one of the first changes is that we are now going to only require a subdivision plat to be approved when you are dividing land into three or more lots. And that is consistent with state law. That's what chapter 177 and Florida statutes requires. And there are no exceptions to that. There's no exceptions in state law for that either. So, at this point, um, we're, we're going to be consistent with, with state law.
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You submit a preliminary plat and then you would have to get a final plat approval from the city council before you actually sell lots to individuals. Yes,
The second thing we've done is we have created now a more streamlined lot split process. So this is where we are going. We are creating a process whereby you can, if you have one, uh, parcel of land, you could now do what we're calling the lot split process to just split it into two. Right. You're creating only one more than currently exists. Um, and in that case, we're not going to require you to do a full plat, um, where and go through all of the public hearings that would normally be associated with that. But we're going to require you to, um, get, uh, approval from the city
your, uh, packet in the ordinance, but mainly we're asking that they're going to, um, provide legal descriptions of the two resulting lots and give us a survey
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For example, when we look at that, um, they're going to submit a title opinion. Um, which allows us to see whether they have any mortgages easements, things like that, that would affect where that lot line might might be.
um, the mortgage or, or sorry, mortgagee, um, sign off on, on that, uh, lot split as well. Um, and we have them also explain how they're going to have access to these two new lots. Um, if they're going to do it through a cross access easement, for example, they're going to have to submit the easement for us to, to review and ensure that, um, it provides sufficient access to all the, the lots that are the, the two lots that are being created. Um, so the review criteria that we have, uh, included here, um, it includes that the application does not create lots that don't conform to city code.
We want it to comply with the dimensional requirements that are in the zoning code. Um, it provides sufficient ingress and egress to all the lots. It's compatible and harmonious with surrounding the surrounding neighborhood with respect to the size of existing lots. And we also did provide some special considerations for flag lots regarding the width of the flag, right? So if you have that narrow, uh, skinny strip of land that connects you to a public road,
that have a separate process process. I guess I'll call it for flag lots and creating flag lots, but we're eliminating that with this ordinance because there's really no need to have any separate process for flag lots. We're just creating either you're going to go through a subdivision process or you're going to go through a lot split process. We don't need to have yet another process for, for flag lots.
No, it doesn't express any preference. Um, it just says that if you're going to create a flag lot, um, for example, the width of the flag that reaches out to, to the, to the road would have to be a minimum of 35 feet wide, things like that. So there's not really a preference. It's just, again, um, there need, yeah, the criteria and there doesn't need to be a separate, uh, process that's different for flag lots.
that's approved, um, by the city council. And once you have one lot split, you cannot come back for another, um, on that. Okay. So you can't keep coming back for successive lot splits to avoid the subdivision requirement.
where you're actually not creating any new lots. You're just wanting to adjust the boundaries between lots. And, um, the application requirements are very similar to the lot split. We want to, uh, see that, you know, where existing structures are. Um, we would have a title opinion, ‸ things like that, that go along with that. And, um, this, this is actually done by, it would be approved administratively. So this would not be something that the city council or planning and zoning board hears, but it would be done, um, and approved by staff. And, um, after, so I,
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be required if you're, if you're going to split your lot that you have to go through this process, it's not, um, it's not optional. And, and to the extent that we receive development permit applications for lots that have not gone through that process, they will have to go back through it, um, and make sure that, you know, they've, they've complied.
ordinance that if you are coming in, um, for your subdivision, you're supposed to at the same time, include your landscaping plans with, with your, uh, with your site plan. Um, you're going to have to submit a title opinion, which is very important in trying to review a subdivision.
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an established setback in the city code, right? It, it, it's, uh, dependent on, um, the final development plan that's approved. So we want that information to be in the plat. We have added, um, specific public notice provisions regarding both preliminary and final plat hearings. Um, ‸ surprisingly, the city code from 1963 did not actually specify.
and going back to the first slide, I talked about the bonding process. So one of the things that we've changed here is that, um, we've changed the security where the requirements for security when someone is submitting their final plat application. If
owned and dedicated to the city. Once, once it's completed, um, the subdivision is completed. If they haven't substantially completed those at the time of final plat submission, the only form of security that the city will accept will be a letter of credit or a certified check or cash to be held in escrow. So we're no longer going to accept a performance bond and that's because performance bonds are, I would say, notoriously difficult to have sureties come in and actually complete the work. And so a letter of credit or cash allows, obviously allows the city to use that and complete those improvements without having to argue with a third party about their obligations to come in and actually do it. So it really is a protection for the city. Um, we, but if, if they have substantially completed, um, at the time of final
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submission, those public improvements will still allow them to submit a bond because in that case, again, you know, they're, they're close to being done. At that point, they have more, you know, punch list type items that need to be completed and, and we'll allow them to do a bond in that case. Um, but the city has increasingly seen over, you know, the last several years as we've had more and more subdivisions come through that.
included or they have actually constructed all those improvements because essentially they want to be able to sell lots and fund that construction as they're doing it right so this is sort of making sure that the city has sufficient security when we are accepting final plot applications. Also in that in that vein we also have a new provision that requires it ‸ to be it's an advisory that will go on the plat and ‸ it says that you know at the request of the developer the city is approving the final plat prior to them having reached substantial completion on all of the common improvements and that includes both public and private because, as you know, a lot of subdivisions now, the roads and stormwater drainage facilities, things like that, are actually private. They're going to be owned by the Homeowners Association or whatever. So we want them to we that's really more of a I guess I'll call it a consumer protection provision to make sure that people understand when they when they are purchasing a lot that those subdivision those subdivision improvements have not been completed yet and they should should understand that. So for final
prior to with their submission they also have to provide how those those common improvements are going to be maintained to the extent that they're not going to be dedicated to the city. So for example if the stormwater ponds and roads are going to be private and maintained by the HOA they're going to have to submit their HOA documents and their covenants and restrictions for review as well. And that that was just not in the code previously.
also regarding and I think this is maybe the last slide regarding the processing of these one of the proposed the proposed proposed amendment here is that the city council will now be the body that will approve any site plans or ‸ final engineering drawings that are processed simultaneously with the
we are getting site plans that come and of course the planning and zoning board is the typically the board that approves you're the final approval body for a site plan.
approve the preliminary plat. So there's this strange situation where you all are hearing it first you're approving it and then the city council still has to approve it because if there's a plat that goes with it. So what we're saying here is when when those are processed simultaneously the planning and zoning board is just going to provide a recommendation and allow the city council to make that decision because they're already making that final decision on preliminary
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are we fine tuning and making it more correct when subdivisions are presented ‸ to the city rather than putting it, setting it up that people that are interested in creating subdivisions, we're not making it more difficult for them. We're not trying to prevent new developments. Am I correct in thinking that?
mean, ‸ the idea behind creating the lot split process was to provide an avenue for someone who just wanted to split their lot into two to have a more simplified process for them to use. Rather than currently, you know, the city code provides if you are dividing your land into two or more lots,
And that, you know, that can be a challenging and expensive process. So the idea was to make it simpler for lot splits. Now, there are certain things, like I said, the security provision. You know, there are some things that we are making, you know, I don't know that I would say more onerous, but they're changing. And that's to protect the city and to protect individuals that are ‸ buying the lots. But for the most part, these ‸ provisions are intended to make the ‸ process simpler.
‸ Yes. I mean, and I guess I will also say that in certain cities. So there were exceptions, right, to the definition of a subdivision. As I said, subdivision was required for anything two or more. But there were some exceptions. Most of those exceptions that are in the code now really are not, we can't really
But ‸ there were some provisions that allowed, for example, it said the division of a tract of land whose entire area is not greater than two acres into not more than three lots. Well,
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to the clerk of the court. But that was a small number, I would say, of divisions that were allowed to do that anyway. Because again, generally, we required subdivisions for anything more than any anything more than two lots. So
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items in the ordinances. If we can go over those, that'd be great. I appreciate it. Okay. So what is the wording for ‸ the seventh? Whereas it says the city of council. What's the proper wording for that?
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I will fix that. Sounds good. Um, and just to make note, this kind of goes in the rest of it. Well, a couple of things, if you could help me understand division of land. Um, I see it used later on. It says, um, I got a couple of highlights here. Uh, so earlier in it, I think it says, uh, we, we say a division of land in the third line. It says,
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This is the filing or recording of a plat of a subdivision without the approval of the city council is declared to be, and it was previously a misdemeanor. I put that it's unlawful. Um, we also have further in this paragraph, I believe
filing or recording of any instrument effectuating a boundary line adjustment or a lot split without approval of the city council or the city manager or their designee because boundary line adjustments will be done administratively. Um, that is declared to be unlawful as well if it, if it happens after June 1st. So I think we've covered all of the different ways that you could divide the land. Okay.
And that, that follows on to another question and it kind of got me a lot was, um, and I just maybe just need a clarification because this is good. We referenced the
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where as is we talk about how the city council will be responsible for everything. But then in, in the added lines, like just like the one you noted, um,
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think that because the city manager or designee is only, they're only referenced here because of the boundary line adjustment process, because that will be done administratively. It won't go to the city council. So that's why you see references to the city manager or designee.
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in this chapter, which means it would only be in the situation where the city manager is actually given that power. And that would only be for a boundary line adjustment.
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Um, so, I mean, and Lucy, you might want to chime in on this too, but, but essentially, we have, um, developers that come in for pre-application meetings and want to discuss with the city staff before they actually get to, you know, their engineering of, of the subdivision. They want feedback essentially on their ideas for the subdivision, how many lots, things like that. And so sometimes, I mean, the, the practice has been, you know, sometimes it's, it's great if they come in with as much documentation as they can for the city to give meaningful feedback, but they don't always necessarily do that. And so sometimes they just, you know, come in with kind of a sketch of what they're wanting. Um, and I didn't want to hamstring the city to say, well, we're not going to hold pre-application meetings with developers if you don't have these specific things. So that's why I changed the language from shall to should.
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just three, just three. Three references showing items A and B in sketch form. Uh, I don't see, I, I don't see where items A and B are referenced or where those are. Okay.
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there is an A and B in 18-27. I didn't know if maybe that was what it was intending. It's close to saying B that gets he associates to, to, to items that are needed. ‸ Yeah. Yeah. And I know this wasn't yours.
Um, I will, I will look at that more closely because, um, I'm not sure that that even referred to something in the previous version of the ordinance. Yeah.
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Would that be a better reference for sections, um, 18-29 to 18-34 that references subdivider? Should it be changed to applicant? That way you can include not just subdividers.
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or site plan for the subdivision or unit division thereof. Does, do you wanna ‸ have or unit division thereof after every time it references subdivision? I say that because in A it says it without saying or unit division thereof and in following sections it doesn't say or unit division thereof. Um, and it's just twice more that, um, again, 18-30 A says, uh, ‸ proposed land subdivision without saying or unit division thereof.
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Yeah. I think that's really relating to, no, I don't think I want, I, I think that's relating to, um, like if you were going to do phases of a development. So I think that.
I think this is the last item and this is moving, uh, several pages ahead. It'll be under, um, appendix A, uh, with a page 19. We make reference from there on, um, to city manager or his or her designee, but previously and then throughout that, uh, zoning,
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Well, I mean, again, I think under, under state law, they currently have to, um, if you're going to divide property into separate lots with separate ownership, you have to do a subdivision. Um, so, you know.
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Yeah, exactly. So I appreciate it. And it's just that I saw that you were doing all this work and, and for me, why not make the final last changes to make it. Yeah.
the city as a tree board, uh, USA that was lost and this board helped bring it back. And since we're, uh, I'm getting ready to talk about, uh, us being designated tree, uh, tree city, um, there is, and I think you all might have read it in the newspaper. Uh, I contacted and talked at length, uh, to the, um, lady that created a coalition in Rockledge for all the Oak trees that they wanted to trim. Um, and it went even further than that. Um,
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value. So it's getting a little more complicated, but they did go ahead and do some light trimming in order to allow, um, uh, the, uh, garbage trucks to go through without having the issues of hitting some of the trees. But they're wanting to go one step further. This also includes, uh, what's coming up with, uh, septic tanks. And, um, I, I really am very concerned that by not looking into this more in depth, rather than stripping land to be able to, uh, include, uh, the requirements for septic tanks,
an alternative, uh, that may be some septic tanks, uh, because of where they're located and what would be required to actually, uh, put regular city water sewage rather than utilizing the septic tanks.
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Um, and what I'm interested in bringing it to the attention of the board, uh, is to see, uh, is this something that, um, the board might be interesting, uh, in supporting? Uh, uh, is there more information that you all might need? But basically these are the subjects that I was able to discuss with the, uh, lady that created the coalition. I don't know how anybody else feels on the board because
here about the septic tanks as an example, not just the trimming of them of the oak trees, but, uh, it's almost like be prepared. The trees are going to be removed and the city sewage is going to be installed. Trees are not making it an issue. And I really feel that it really needs to be looked more thoroughly into what other possibilities that could be, uh, able to do, uh, in order to salvage the amount of oak trees. And ‸ we're talking from Rockledge all the way up to Cocoa.
Uh, I presented to the board the idea of, uh, getting our designation as a tree city USA, and the board, uh, approved it and, uh, it finally, uh, was brought to fruition. So, and that was, uh, I was very proud of this board to do that because it's our responsibility, uh,
reference to the, uh, tree, uh, board requirements that we stopped for a while. And now we've put it back together and we've, I, in my opinion, have saved a lot of trees. And we've also, if we lost an oak tree, at least we created one in another spot.
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on the verge of losing them. So this is another idea that I think maybe we should look into it. And I didn't know how the board might feel about this subject, either joining the coalition and showing support for what they're doing. Uh, that also could potentially, um, keep from us losing a lot of trees when the city sewage wants to be installed. And I don't know if how anybody else feels and I'd love to hear from the board about that.
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actually, I think that we should have mitigation plans in place, right? If we do something like subject to sewer. But when it comes to requiring smart, uh, tanks, which will probably be required by the county or state,
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the city to ensure that if we were to, which is, it's a long ways from being approved, right? They denied it the past few times they tried to do it. But if it was ever to be approved, we could find mitigation ways to mitigate, uh, tree loss. I'd, I'd prefer a zero tree loss, right? Shoot. I agree with
Flag: numbers, amounts, negation or names differ between the machine readings · 00:55:59–00:56:01 · unresolved: the words are not shown (unclear audio); listen to the recording
And I think a lot of other people have told me that, uh, when I would bring the subject up, but I don't know what avenue to take. I'm thinking that this might be something that we could consider doing. And I know, um, uh,
Uh, and then, uh, I'll get information that ‸ if the board is concerned and would like to have more, um, information, uh, received on some of the subjects that we just talked about. I think it's something that we should be seriously looking into and Wes, I'm with you completely. I agree with you completely. And, uh, it is not unique. I mean, we're already doing that to save our buildings. That's our history. That's our heritage, just as much as our Oak trees. And, um, I was curious how the rest of the board might feel. I know we're short on the number of people here. I regret that. But, uh, I wanted to at least start the dialogue.
taken down. Uh, even though they were in the right of ways. Yeah. Okay. So it's all about preserving what we have and trying to prevent, uh, the elimination of our heritage.
Yeah. ‸ And so just to remind the board. So under the current tree, um, or landscaping ordinance, um, if the city is going to remove an oak tree in the right of way, they do come to this board for ‸ recommendation and the city council makes that decision.
And as part of that process, um, the staff would also make recommendations on replacements. So I just want to remind the board that that already is in the current city code.
lots, um, they are ‸ exempt from ‸ the, the, uh, landscaping ordinance. So they can remove a tree without, for example, applying for a permit for removal. Um, single family and duplex lots are, uh, exempt. So just, just a reminder of what the lay of the land is currently,
Yeah. I have trepidation of that about that. I don't know how we would make that connection. I think I don't either. I think we could show support the resolution or something to that effect. But as far as getting, uh,
Flag: numbers, amounts, negation or names differ between the machine readings · 01:00:04–01:00:10 · unresolved: the words are not shown (unclear audio); listen to the recording
with supporting organizations like that? Like how far can we go without getting in trouble or being on this planning and zoning board? ‸ Maybe a summary in the next meeting or
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Well, I suppose it depends on what, what it is, what action you wanted to take. So if you, if the tree board wanted to make a recommendation to the city council, that would be something that you could do. That's within your
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we did when we reactivated our being designated as a tree ‸ city USA. And it was made as a recommendation. So should, uh, should I meet with you to discuss this any further and then go from there? Or what would your suggestion be?
it is one of your concerns is we're on the outside watching the battle to with our friends to the south and this battle eventually will come to us. That's why I'm concerned.
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just one step ahead of us, I think. Yeah. And I don't want to wait when it's too late because they've already started trimming. And when I was on the phone with her, I said, are you concerned? And she said, well, ‸ no, because
And there's quite a few that's in this core coalition that they created. A lot of people on river road are very angry and that's a large group of people. And so it allowed to minimize the trimming that they were going to do to be more minimal, which is what they've done now. But it's not over yet.
septic tank to sewage and all these other questions that have come up that have not been addressed. It's more like, okay, install, let's take, get rid of all the septic tanks and we're going to install
Flag: words only one machine reading has (possibly not said) · 01:03:05–01:03:09 · unresolved: the words are not shown (unclear audio); listen to the recording
Definitely. Yeah, definitely. And, um, that's really the subjects of why I thought it was important to bring this up during this part of our agenda of the tree board. And I'm glad we weren't too late and not here too late because this is something that I'd hate to do if we had a full meeting here with other items that we needed to address. So, uh, I will definitely, uh,
had some other issues I wanted to talk to him about. And then I'll bring it back to ‸ the next meeting and see how he responds. And I'm sure, uh, he'll come up with a very good idea. He's the best city manager we've had in years.
trying. It's all about the trees and that. If the trees or a tree, uh, could be salvaged by going, uh, another route, then eliminating it for, uh, trimming or for the septic, uh, sewage, uh, city sewage to septic tanks. It's a way that right now is not available, uh, for protection of the trees. And it's another avenue that I'm hoping that could be looked into for the purpose of saving them.
Yes. Uh, it could be a situation where it's, I know of homes that were built 1800s on river road and their septic tanks. Some of them are in the rear of their property. They're not in the front. They, they didn't have that foresight back then. And it becomes very expensive for some of these homeowners because of this as an example for them to connect to city sewage. And the one examples was they'd really be tearing up their yard quite bad, uh, which means removing of a lot of oak trees that are there. Um, so it,
quite a bit. And that's why I thought maybe it's time that we have to look into it. So I'm going to be asking for recommendation from the city manager about that. And thank you for allowing me to speak.
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