CITY COUNCIL AGENDA ITEM
Memo Date: November 8, 2023
Agenda Date: November 14, 2023
Prepared By: Lucilene Ribeiro - Planner
Through: Stockton Whitten - City Manager
Requested Action:
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Approval of a Final Subdivision Plat known as Adamson Creek Phase Two consistent with Chapter 18 Subdivisions and Appendix A Zoning of the City Code, with conditions.
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BACKGROUND:
The Adamson Creek subdivision project was first approved as a Planned Unit Development (PUD) in 2005/2006 consisting of 431 single-family homes on 178 acres with 44 acres of open space and amenities. Phase 1 was approved and recorded in 2006. Due to a slowdown in the housing market triggered by the recession, Phase 1 was later broken down into 3 phases (1A, 1B, and 1C) of which Phase 1A was recorded in 2007 with 154 single-family homes.
The subject property, Adamson Creek Phase Two, is located on the east side of Adamson Road and to the south of the previously developed Adamson Creek neighborhood (Exhibit A - Location Map) and is considered a standalone PUD.
This phase will include 30 single-family homes on a single street and will provide common recreational space amenities, including a walking path surrounding a stocked stormwater pond, a fishing platform, and other open space areas.
On August 22, 2023, the City approved a Preliminary Subdivision for Phase Two, a one (1) parcel rezoning (Ordinance 10-2023), a Development Agreement, and a Large-Scale Site Plan.
Project Information:
Phase Two of the project contains 79.13 acres overall, with 14.39 acres of developable land (streets, houses, stormwater ponds, and amenities) and 64.74 acres of wetlands and uplands that will be placed into a conservation easement, as shown in Tract C of the final subdivision plat. This phase will include 30 single-family homes on a single private street connecting to Adamson Road through Talbot Blvd.
A dock/viewing platform looking at a stocked fish pond is accessed through a trail that runs around the east side of the stormwater pond, a 50’ view corridor access as shown on Tract A, adjacent to Tract C. Six new tracts have been created: A is a stocked pond counted towards open space with a fishing pier and a nature trail; Tract B is a utilities entry point and a landscaped gateway to Mycroft Drive; Tract C is a large natural area and conservation easement; Tracts D and E are landscaped open space; and Tract Z is residential housing. Tracts A, B, C, D, E and Z are dedicated and should be controlled and maintained by the Adamson Creek Homeowners Association.
Future Land Use Designation: Conservation
Zoning District: PUD (Planned Unit Development)
Existing Land Use: Vacant Land
Council District: District 3 - Councilmember Mathew Barringer
Legal Ad Date: November 9, 2023
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Overview of Surrounding Area: |
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Future Land Use Designations |
Zoning Districts |
Land Uses |
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North |
Very Low Density Residential and Conservation (City) |
PUD (City) |
Single-Family Residential |
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South |
Very Low-Density Residential and Conservation (City) |
PUD (City) |
Single-Family Residential (Adamson Creek Phase 1A) |
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East |
Medium Density Residential and Conservation (City) |
PUD (City) RR-1 (City) |
Single-Family Residential Rural Residential |
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West |
RES 2 (Brevard County) |
GU (Brevard County) |
Single-Family Residential and Vacant Land |
Final Subdivision Analysis
Consistency with Code of the City of Cocoa
The submitted final plat has been reviewed by the Planning & Zoning and City staff, the Assistant City Attorney, and Southern Surveying on behalf of the City for consistency with Chapter 18 Subdivisions of the City of Cocoa Code and with Appendix A Zoning of the City of Cocoa Code and found to be in substantial compliance.
The majority of the lots created by this subdivision are 50 feet in width and 120 feet in depth which equates to 6,000 sq. Ft. of lot area. Lots on roadway curves are allowed a minimum width of 25 feet, and corner lots are required to be 15% larger than interior lots. This subdivision plat meets these requirements. There is no minimum lot size under PUD zoning. Minimum setbacks and distance separation between structures will be addressed when a building permit is applied for.
The city’s surveyor has approved the preliminary plat as a final plat due to no changes proposed by the developer and has no further comments.
The applicant has provided bonds and construction cost estimates that have been reviewed by City staff for consistency with Appendix A, Zoning, Article XI, Section 17(M) of the City of Cocoa code as follows:
(M)BONDING. Prior to the commencement of construction within the site of a planned unit development, the developer shall file with the city the following contracts and bonds for the appropriate stage of development:
(1)A performance, labor and material payment bond for the completion of the construction of all public improvements specified in the final development plan within one (1) year from the date of commencement of construction.
(2)A performance, labor and material payment bond for the completion of the construction of all common areas designated in the final development plan within one (1) year from the date of commencement of construction.
(3)A maintenance warranty bond in the amount of ten (10) percent of the total cost of the construction of all public improvements to be in force for a period of two (2) years following acceptance by the city of the final construction of said public improvements.
All such bonds shall be from a company licensed as a surety in the State of Florida, listed by the U.S. Treasury Department, as rated A: AAA in Best's Insurance Guide. Upon acceptance of all improvements described in subsections (1) and (2), above, said performance and payment bonds shall be released. All of the provisions relating to bonding contained in the subdivision regulations of the city shall be fully applicable to the bonds required under this section.
The applicant has provided an engineer’s construction cost estimate for all site work yet to be completed. The applicant has signed a construction performance bond in the amount of one hundred and ten percent (110%) of the construction cost estimate for the unfinished portion of the required public improvements. See Exhibit B- Adamson Creek Phase 2 Engineer’s Estimate of Quantities for Performance Bond - Subdivision (November 2023). The estimate is a total amount of $1,368,702.25 plus the Construction Performance Bond Amount at 110% of Construction Costs for a total of $1,505,572.48. The applicant has also created an amenities cost estimate for $447,302.68 (Exhibit C) and an Amenities Performance Bond (Exhibit F).
The conservation easement must be granted to the City prior to the commencement of land clearing, as required by the Development Agreement.
Consistency with Comprehensive Plan Policies and Objectives
Policy 1.1.10.3: Innovative land use development patterns, including PUDs and Cluster Zoning, shall be permitted and encouraged in appropriate areas, as defined in the land development regulations.
STRATEGIC PLAN CONNECTION:
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BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
On July 12, 2023, the Planning & Zoning Board recommended to City Council of the Final PUD, Large-Scale Site Plan, Preliminary Subdivision for Adamson Creek Phase 2 and approved the Adamson Creek Phase II Development Agreement between the City of Cocoa and DR Horton Inc with the conditions set forth below:
1. The Large-Scale Site Plan shall not be effective until and unless the Final PUD/Preliminary Subdivision has been approved by City Council.
2. Provide a revised Title Opinion with no date limitation to the search for property information.
On August 22, 2023, the City Council approved the Preliminary Subdivision for this project with conditions which have since been met
RECOMMENDED MOTION:
Recommendation
Approval of a Final Subdivision known as Adamson Creek Phase Two consistent with Chapter 18 Subdivisions and Appendix A Zoning of the City Code and with the following conditions:
• The final plat shall be recorded with the Clerk of the Circuit Court of Brevard County within 30 days of approval by City Council.
• The Developer shall provide a Performance Bond securing the completion of the common amenities as required by the City Code in a form acceptable to the City Attorney prior to recording of the final plat.