Comprehensive Plan Vote Discussion. Skip Williams Commissioner City of Cocoa Beach

Comprehensive Plan 2025 5-0 Vote Discussion Skip Williams Commissioner City of Cocoa Beach 1

CITY OF COCOA BEACH (Downloaded from the Brevard County Supervisor of Elections Historical Records from 2002) Cocoa Beach Registered Voters 8,955 Cocoa Beach Ballots Cast 6,563 73.29% REFERENDUM 1 DENSITY LIMITS Shall City Charter Section 6.01 - Density Limits, be changed: for permanent occupancy dwellings decreased from fifteen (15) to ten (10) units per acre; and for transient accommodations decreased from forty (40) to twenty-eight (28) units per acre; and, by removing provisions for granting higher densities? YES, FOR AMENDMENT NO, AGAINST AMENDMENT Charter Amendment 1 - Density Limits Yes, For Amendment 4,213 66.79% No, Against Amendment 2,095 33.21% 2

From Merriam-Webster s Dictionary 1 is sue noun \ˈi-(ˈ)shü, chiefly Southern ˈi-shə, : something that people are talking about, thinking about, etc. : an important subject or topic Full Definition of ISSUE a : a matter that is in dispute between two or more parties b : a vital or unsettled matter <economic or political issues> c : the point at which an unsettled matter is ready for a decision Any Variance to Height/Density = an Issue 5

Sec. 6.01. - Residential density limits. REFERENDUM 1 DENSITY LIMITS Shall City Charter Section 6.01 - Density Limits, be changed: for permanent occupancy dwellings decreased from fifteen (15) to ten (10) units per acre; and for transient accommodations decreased from forty (40) to twenty-eight (28) units per acre; and, by removing provisions for granting higher densities? Cocoa Beach City Charter No part of the City of Cocoa Beach shall be zoned to a residential density greater than ten (10) dwelling units per acre for permanent occupancy dwellings, or twenty-eight (28) units per acre for transient accommodations (motels, hotels). There shall be no fractional weighting of dwelling units. The city commission may grant a variance to individual parcels upon petition and proof that the variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship. To grant such a variance, the city commission must make findings of fact that the petitioner has met the legal standards for variance set forth in the City of Cocoa Beach Code of Ordinances, and the variance must be approved by a concurring vote of four (4) members of the City Commission after due notice and public hearing. A request for variance will be considered after a written petition is submitted to the city commission indicating the grounds on which the variance is sought. After the petitioner has submitted a sufficient petition, the request must be scheduled for public hearing before the city commission as expeditiously as possible, but not earlier than thirty (30) days from the day of submission of a sufficient petition. Notice and hearing requirements for such variance shall be in accordance with the provisions for such variance shall be in accordance with the provisions for variance as set forth in the City of Cocoa Beach Code of Ordinances. Transient accommodations shall not be converted to permanent occupancy at densities exceeding the limits of this section. Except as provided for in Section 6.09 of this Charter or as set forth below, structures if razed shall be replaced only by structures which, if residential, conform to density limits of this section. No owners of dwelling units destroyed or substantially damaged by explosion, fire, flood, wind, erosion, or other disaster shall be denied the right either to rebuild or to raze and rebuild to the same number of dwelling units in the same location. (Ord. No. 1173, 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1253, 6.01, 9-21-2000, ref. of 11-7-2000; Ord. No. 1342, 1, 9-5-2002, ref. of 11-5-2002; Ord. No. 1483, 1, 8-21-2008, ref. of 11-4-2008) Editor's note Sections 2-58 and 2-59 of Chapter 2, Article VI of the Code of Ordinances, referred to in 6.01 above, were repealed by Ord. No. 1349, 4, adopted Feb. 20, 2003. Current provisions relative to variances are set out within Chapter V, Articles III and VI, of the Cocoa Beach Land Development Code. 6

Sec. 6.04. - Building height limit. REFERENDUM 2 HEIGHT LIMITS Shall City Charter Section 6.04 - Building Height Limits, be amended to: Reduce maximum height of structures, including attachments, from eighty-five (85) feet above mean sea level to forty-five (45) feet above crown of abutting road; and, allow rebuilding structures to existing height if damaged or destroyed by disaster? Cocoa Beach City Charter No structure, no part of any structure, and no attachment to any structure shall be erected to a height greater than forty-five (45) feet above crown of abutting road. Structures, if razed, shall be replaced only by structures which conform to the height limits of this section. No owners of structures destroyed or substantially damaged by explosion, fire, flood, wind, erosion, or other disaster shall be denied the right either to rebuild or to raze and rebuild to the same height in the same location. The city commission may grant a variance to individual parcels upon petition and proof that the variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship. To grant such a variance, the city commission must make findings of fact that the petitioner has met the legal standards for variance as set forth in the City of Cocoa Beach Code of Ordinances, and the variance must be approved by a concurring vote of four (4) members of the city commission after due notice and public hearing. A request for variance will be considered after a written petition is submitted to the city commission indicating the grounds on which the variance is sought. After the petitioner has submitted a sufficient petition, the request must be scheduled for public hearing before the city commission as expeditiously as possible, and not earlier than thirty (30) days from the day of submission of a sufficient petition. Notice and hearing requirements for such variance shall be in accordance with the provisions for variance set forth in the City of Cocoa Beach Code of Ordinances. (Ord. No. 694, 1, 3-18-1982; Ref. of 1-20-1998; Ord. No. 1173, 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1343, 1, 9-5- 2002, ref. of 11-5-2002; Ord. No. 1483, 1, 8-21-2008, ref. of 11-4-2008) Editor's note Sections 2-58 and 2-59 of Chapter 2, Article VI of the Code of Ordinances, referred to in 6.04 above, were repealed by Ord. No. 1349, 4, adopted Feb. 20, 2003. Current provisions relative to variances are set out within Chapter V, Articles III and VI, of the Cocoa Beach Land Development Code. 7

Sec. 6.09. - Non casualty loss rebuild. REFERENDUM 2 HEIGHT LIMITS Shall City Charter Section 6.04 - Building Height Limits, be amended to: Reduce maximum height of structures, including attachments, from eighty-five (85) feet above mean sea level to forty-five (45) feet above crown of abutting road; and, allow rebuilding structures to existing height if damaged or destroyed by disaster? Cocoa Beach City Charter Residential and non-residential structures may be razed and rebuilt to their existing height and density as previously provided to same extent as if they were lost to a casualty event, and as may be provided in the city comprehensive plan. (Ord. No. 1366, 1, 9-4-2003, ref. of 11-4-2003; Ord. No. 1483, 1, 8-21-2008, ref. of 11-4-2008) 8

Sec. 6.04. - Building height limit. REFERENDUM 2 HEIGHT LIMITS Shall City Charter Section 6.04 - Building Height Limits, be amended to: Reduce maximum height of structures, including attachments, from eighty-five (85) feet above mean sea level to forty-five (45) feet above crown of abutting road; and, allow rebuilding structures to existing height if damaged or destroyed by disaster? (Ref: Sec. 6.09. - Non casualty loss rebuild. Cocoa Beach City Charter No structure, no part of any structure, and no attachment to any structure shall be erected to a height greater than forty-five (45) feet above crown of abutting road. Structures, if razed, shall be replaced only by structures which conform to the height limits of this section. No owners of structures destroyed or substantially damaged by explosion, fire, flood, wind, erosion, or other disaster shall be denied the right either to rebuild or to raze and rebuild to the same height in the same location. The city commission may grant a variance to individual parcels upon petition and proof that the variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship. To grant such a variance, the city commission must make findings of fact that the petitioner has met the legal standards for variance as set forth in the City of Cocoa Beach Code of Ordinances, and the variance must be approved by a concurring vote of four (4) members of the city commission after due notice and public hearing. A request for variance will be considered after a written petition is submitted to the city commission indicating the grounds on which the variance is sought. After the petitioner has submitted a sufficient petition, the request must be scheduled for public hearing before the city commission as expeditiously as possible, and not earlier than thirty (30) days from the day of submission of a sufficient petition. Notice and hearing requirements for such variance shall be in accordance with the provisions for variance set forth in the City of Cocoa Beach Code of Ordinances. (Ord. No. 694, 1, 3-18-1982; Ref. of 1-20-1998; Ord. No. 1173, 2, 9-17-1998, ref. of 11-3-1998; Ord. No. 1343, 1, 9-5- 2002, ref. of 11-5-2002; Ord. No. 1483, 1, 8-21-2008, ref. of 11-4-2008) Editor's note Sections 2-58 and 2-59 of Chapter 2, Article VI of the Code of Ordinances, referred to in 6.04 above, were repealed by Ord. No. 1349, 4, adopted Feb. 20, 2003. Current provisions relative to variances are set out within Chapter V, Articles III and VI, of the Cocoa Beach Land Development Code. 9

REFERENDUM 3 COMPREHENSIVE PLAN ADOPTION REQUIREMENTS Shall City Charter Article VI be amended by adding Section 6.07 - Comprehensive Plan Adoption Requirements, to: Require an affirmative vote by four (4) City Commissioners for any adoption or amendment to the City's Comprehensive Plan, except for issues increasing permissible building height and structure height or development density and/or intensity which would require an affirmative vote by five (5) City Commissioners? Cocoa Beach City Charter Sec. 6.07. - Comprehensive Plan adoption requirements. Any adoption or amendment to the City of Cocoa Beach Comprehensive Plan, with the exception of issues increasing permissible building and structure height or allowable development density and/or intensity, shall require an affirmative vote by four (4) city commissioners. Any city comprehensive plan adoption or amendment that addresses increasing permissible building and structure height or allowable development density and/or intensity shall require an affirmative vote by five (5) city commissioners. (Ord. No. 1344, 1, 9-5-2002, ref. of 11-5-2002; Ord. No. 1483, 1, 8-21-2008, ref. of 11-4-2008) Editor's note Ord. No. 1344, 1, adopted Sept. 5, 2002, and approved at referendum Nov. 5, 2002, added new provisions to the Charter as 6.07. As other provisions existed within the Charter as 6.07, the provisions of Ord. No. 1344 have been redesignated as 6.08 at the discretion of the editor. 10

So far the City Charter matches the Overarching Referendum Requirements. And also, clearly stated; If a proposed comprehensive plan adoption has Issues (per Referendum 3 and Sect. 6.07 of the City Charter) and Any city comprehensive plan adoption or amendment that addresses increasing permissible building and structure height or allowable development density and/or intensity (per Sect. 6.07 of the City Charter) shall require an affirmative vote by five (5) city commissioners 11

From Merriam-Webster s Thesaurus 1 ad dress verb \ ə-ˈdres, a- also ˈa-ˈdres Definition of ADDRESS a : to deal with (something) usually skillfully or efficiently <the problem will only get worse if you don t address it now> Synonyms manage, maneuver, manipulate, negotiate I believe our duty as Commissioners is to manage the Referendum Will of the People of Cocoa Beach, possibly negotiate, but never maneuver around or manipulate their will. 13

REFERENDUM 1 DENSITY LIMITS Shall City Charter Section 6.01 - Density Limits, be changed: for permanent occupancy dwellings decreased from fifteen (15) to ten (10) units per acre; and for transient accommodations decreased from forty (40) to twenty-eight (28) units per acre; and, by removing provisions for granting higher densities? CITY OF COCOA BEACH 2025 COMPREHENSIVE PLAN Section I Future Land Use Element Goals, Objectives, and Policies Objective II.2 To maintain the current family-oriented nature of the community and its associated public amenities. Policy II.2.2 To protect existing residential areas from encroachment by land uses which are incompatible due to development density, and ensure safe hurricane evacuation times, the City shall regulate maximum allowable residential and transient lodging density in accordance with City Charter Section 6.01 (Density) and City Charter Section 6.07 (5-0 Vote requirement) and allow exemptions for existing residential and transient lodging developments. 14

Unfortunately, Policy II.2.2 on Density has a Caveat: The following criteria shall be incorporated into the Land Development Code. Once done, criteria (a) (2) shall be removed from the Comprehensive Plan. Per City Charter, paragraph (a) (1) is required to remain in the Comp Plan. (a) The maximum allowable density for all new construction is limited to ten (10) residential dwelling units per gross acre or twenty-eight(28) transient lodging rooms per gross acre, unless exempted as set forth below: 1. Existing properties (having been constructed as of the effective date of Ordinance No. 1328) having a density greater than ten (10) residential dwelling units per gross acre or twenty-eight (28) transient lodging rooms per gross acre may be repaired or rebuilt to the same density, but without increasing any other nonconformity. 2. Special consideration may be given to allow new development at density greater than ten (10), but in no event greater than twelve (12), residential dwelling units per gross acre or twenty-eight (28), but in no event greater than thirty (30), transient lodging rooms per gross acre when: An applicant/property owner petitions for public hearings before the Planning Board, the Board of Adjustment and City Commission. The applicant must demonstrate land use compatibility and consistency with zoning standards, objectives and public infrastructure; Petitions may be considered only when the application includes height restrictions, restricted location of the primary land uses, increased setbacks, and substantially increased buffers; 15

Unfortunately, Policy II.2.2 on Density Caveat Continues to recommend removing the following from the Comprehensive Plan: Approval by the Board of Adjustment, Planning Board and a favorable supermajority vote of four Commission members is required to allow development at a density greater than ten (10) residential dwelling units per gross acre or twenty-eight (28) transient lodging rooms per gross acre; and, The applicant must petition for comprehensive plan text amendment to specifically identify the location [property] in the City where these structures will be constructed. Such amendment must specify the height authorized by the special approval. (Existing Policy I.4.12) Consistent with City Charter Section 6.01 and 6.07 as well as Ordinance No.1328. City of Cocoa Beach Comprehensive Plan 2025 Page I-17 GOPs Future Land Use Element (August 14, 2014) This recommended content removal from the Comprehensive Plan and placement in the Land Development Code is clearly an issue that addresses a change to the overarching requirement of Referendum 1, thus it Requires a 5-0 Vote of the Commission for passage. This move Maneuver to the LDC will allow a mere 3-2 vote for future changes! 16

REFERENDUM 2 HEIGHT LIMITS Shall City Charter Section 6.04 - Building Height Limits, be amended to: Reduce maximum height of structures, including attachments, from eighty-five (85) feet above mean sea level to forty-five (45) feet above crown of abutting road; and, allow rebuilding structures to existing height if damaged or destroyed by disaster? CITY OF COCOA BEACH 2025 COMPREHENSIVE PLAN Section I Future Land Use Element Goals, Objectives, and Policies Objective II.2 To maintain the current family-oriented nature of the community and its associated public amenities. Policy II.2.1 To protect existing residential areas from encroachment by land uses which are incompatible due to building height, the City shall regulate maximum allowable building height in accordance with City Charter Section 6.04 (45 foot height) and City Charter Section 6.07 (5-0 Vote requirement) and allow exemptions for existing buildings. 17

Unfortunately, Policy II.2.1 on Height has a Caveat: The following criteria shall be incorporated into the Land Development Code. Once done, criteria (a) (2) and (3?) and (b), and (c) shall be removed from the Comprehensive Plan. Per City Charter, paragraph (a) (1) is required to remain in the Comp Plan. (a) The maximum allowable building height for all new construction is limited to 45 feet above crown of the abutting road, unless exempted as set forth below: 1. Existing buildings (having been constructed as of the effective date of Ordinance 1328 which is 6-6-02) having a height greater than 45 feet above grade may be repaired or rebuilt to the same height and floor/ area ratio, but without increasing any other nonconformity., as outlined and in accordance with City Charter Section 6.08 (Building height limitation accommodation) and City Charter Section 6.09 (Non casualty loss rebuild). 2. Special consideration may be given to allow new structures at a height greater than 45 feet, but in no event greater than 70 feet, when: An applicant/property owner petitions for public hearings before the Planning Board, the Board of Adjustment and City Commission. The applicant must demonstrate land use compatibility and consistency with zoning standards, objectives and public infrastructure; Petitions may be considered only when the application includes density restrictions, restricted location of the primary land uses, increased setbacks, and substantially increased buffers; 18

Unfortunately, Policy II.2.1 on Height Caveat Continues to recommend removing the following from the Comprehensive Plan: Approval by the Board of Adjustment, Planning Board and a favorable supermajority vote of four Commission members is required to allow structures at a height greater than 45 feet ; and, The applicant must petition for comprehensive plan text amendment to specifically identify the location [property] in the City where these structures will be constructed. Such amendment must specify the height authorized by the special approval. (b) Residential areas shall be buffered by tiered heights from higher structures. Intervening rights of way or canals cannot be considered buffers. (c) Special consideration for building heights are granted for the location(s) identified below: 1. Cocoa Beach Junior/Senior High School, Performing Arts Facility located at 1500 Minutemen Causeway, on property having the legal description: BEGINNING at the NE corner of Section 16, Township 25 South, Range 37 East and run South 1980 feet; thence West 1980 feet; thence North 1980 feet; thence East 1980 feet to the POINT OF BEGINNING, Brevard County, Florida. Containing 90 acres, more or less. Parcel ID: 25-37-16-00-00001.0-0000.00; and, based on plans, specifications, and location as identified in City application number 06-2000327-02, with a height not to exceed seventy (70) feet. 19

Unfortunately, Policy II.2.1 on Height Caveat continues to recommend removing the following from the Comprehensive Plan: 2. 6th Floor Unit 16 foot x 16 foot sun room addition, Inn at Cocoa Beach located at 4300 Ocean Beach Boulevard, on property having the legal description: Lots 8-14, Block 5, COCOA OCEAN BEACH SUBDIVSION, according the plat thereof as recorded in Plat Book 10, Page 16; and together with the South one-half of the alley formerly existing which extended from Ocean Beach Boulevard on the West to the 40-feet promenade on the East, between Lots 7 and 8, Block 5, COCOA OCEAN BEACH SUBDIVSION, which alley has been closed to public use; Public Records of Brevard County, Florida. Containing 1.22 acres, Parcel ID: 24-37-35-CI-00005.0-0008.00 and, based on plans, specifications, and location as identified in City variance application number12-2000920-01, and building permit application 12-0503, with height not to exceed 59.00 feet. 3. Stair and Training Tower for the new City of Cocoa Beach Fire Station No. 51 construction, located at 50 SouthOrlando Avenue, on property having the legal description:lots 1-17, inclusive, and Lots 22-27, inclusive, together with that portion of the 15 foot wide vacated (O.R. Book 833, Page 137) alley lying North of said Lot 13, all in Block 33, COCOA BEACH Subdivision, according to the plat thereof as recorded in Plat Book 3, Page 54; Public Records of Brevard County, Florida. Containing 2.77 acres, 2014 Comprehensive Plan Amendment for fire station Parcel ID s: 25-37-15-DD-00033.0-0001.00, 25-37-15-DD-00033.0-0006.00, 25-37-15-DD-00033.0-0008.00, and 25-37-15- DD-00033.0-0022.00; and, based on plans, specifications, and location as identified in City variance application number 13-2000506-01 and site development plan application 20 13-1000506-01, with a height not to exceed 60.0 feet.

This intended content removal from the Comprehensive Plan and placement in the Land Development Code is clearly an issue that addresses a change to the overarching requirements of 2002 Referendums 1, 2 and 3. Thus, it Requires a 5-0 Vote of the Commission for passage. This documented maneuver to move content from the Comprehensive Plan to the LDC will allow a mere 3-2 vote for future changes! 21

The current proposed City of Cocoa Beach Comprehensive Plan 2025 is convoluted and has ambiguity with respect to the Will of the Voters regarding their 5-0 vote for the City Commission to approve changes to height and/or density, including any future variances. We have a process that works for variances and the City of Cocoa Beach Commission has granted all three that have come forward as documented and text plan amendments exist to our current Comprehensive Plan. I request my fellow Commissioners consider all the issues this presentation addresses with respect to the 5-0 Vote requirement to change the Comprehensive Plan on issues related to Height and Density. I request my fellow Commissioners respect the Will of the People as reflected in the passage of the overarching requirements of Referendums 1, 2, and 3, passed overwhelmingly in 2002. I offer you a choice of two proposed amendments that will resolve this issue for now: 22

Option 1 - Offer the following amendment to the passage of the main motion: I move to delete all referenced intent in the proposed 2025 Comprehensive Plan related to moving current requirements involving Height and Density to the Land Development Code. 23

Option 2 If you feel compelled to agree with the City Staff s request to move Height and Density requirements to the Land Development Code then, Offer the following amendment to the passage of the main motion: In Comprehensive Plan Policy II.2.1, Revise (a) 2, sub bullet 3, change: From: Approval by the Board of Adjustment, Planning Board and a favorable supermajority vote of four Commission members is required to allow structures at a height greater than 45 feet ; and, To: Approval by the Board of Adjustment, Planning Board and a unanimous vote of five Commission members is required to allow structures at a height greater than 45 feet ; and, Continued on the following page> 24

Option 2 Amendment continued: In Comprehensive Plan Policy II.2.2, Revise (a) 2, sub bullet 3, change: From: Approval by the Board of Adjustment, Planning Board and a favorable supermajority vote of four Commission members is required to allow development at a density greater than ten (10) residential dwelling units per gross acre or twenty-eight (28) transient lodging rooms per gross acre; and, To: Approval by the Board of Adjustment, Planning Board and a unanimous vote of five Commission members is required to allow development at a density greater than ten (10) residential dwelling units per gross acre or twenty-eight (28) transient lodging rooms per gross acre; and, 25

Supporting either of the proposed Option 1 or Option 2 Amendments will affirm your commitment to the Will of the People for maintaining the 5-0 Vote required for issues that address changes to height and density as approved by Referendums 1, 2, and 3 in 2002. Anything less is a Breach of the Public Trust. 26