Cocoa council approves ModWash lot split at 1540 Clear Lake Road with recorded shared‑access conditions

The Cocoa City Council on Oct. 28 approved Resolution 2025‑077 to divide a single 1.771‑acre parcel at 1540 Clear Lake Road, owned by Modwash LLC, into two commercial lots, planning staff said. Mrs. Webster, the planning presenter, told the council the split would create a new Lot 1 of about 1.201 acres and a second lot of about 0.75 acres and that the division “includes a shared access agreement” requiring a recorded declaration of easements, covenants and restrictions that will grant vehicular and pedestrian access rights to both lots.

Council members pressed staff on a condition in the approval that requires the owner to obtain written city consent before taking any action that “would cause the loss of unity of ownership or title” of either resulting lot. Deputy Mayor Weeks asked why the consent requirement was necessary; Mrs. Webster replied the declaration of easements is recorded and “the declaration ensures that the ingress and egress remains in perpetuity.” City attorney Garganese and other staff explained the condition is intended to protect the city’s interest in preserving access between the two lots and to ensure the recorded access covenant is carried forward with future ownership.

Some council members said they wanted time to review the underlying easement and conveyance documents. Staff noted the parcel was previously conveyed by the former US‑1 Community Redevelopment Agency and that the easement language dates to that conveyance. Council discussed postponing the item to research the documents but agreed the matter was before them for the single public hearing. No members of the public spoke at the hearing.

After discussion the council approved the resolution by voice vote. The resolution requires the owner to record the declaration of easements, covenants and restrictions simultaneously with the recording of the lot split and includes two explicit conditions: (1) recorded restrictions guaranteeing continued access for both resulting lots, and (2) delivery to the city of the executed declaration prior to recording. The motion was recorded as approved unanimously.

Next steps: staff said the recorded declaration must be submitted to the city and will be part of the public record before the platting/recording proceeds.