CITY COUNCIL AGENDA ITEM
Memo Date: January 31, 2024
Agenda Date: February 13, 2024
Prepared By: Eric Raasch, AICP - Inspire Placemaking Collective, Inc.; Contract Planner to the City of Cocoa
Through: Stockton Whitten, City Manager
Requested Action:
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Consideration of a Preliminary Subdivision consistent with Chapter 18 Subdivisions and Appendix A Zoning of the City Code for the Lakes at Cocoa Grove.
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BACKGROUND:
Project Information:
The proposed Lakes at Cocoa Grove project is located north of State Road 528 (Beachline) and east of Interstate 95. The Lakes at Cocoa Grove includes one parcel of land identified by the Brevard County Property Appraiser as parcel identification number 24-35-10-00-3. The proposed project will be accessed through two access points, one on the north side of the property through an extension of Bahia Street and one on the east side of the property through an extension of Osage Street/Angelica Street.
History:
This project dates back to 2004, at which time the City approved Ordinance 31-2004 to annex the subject property into the City of Cocoa. Later in 2004, Brevard County filed a Petition for Writ of Certiorari to challenge the annexation. In 2008, Brevard County and City of Cocoa entered into a Stipulated Settlement Agreement to resolve the outstanding litigation associated with the annexation. This agreement included certain provisions related to density, buffering, and access for the project. In 2019, the City and Virgin Trains USA Florida, LLC entered into a Settlement Implementation Agreement to further outline the responsibilities of the City and the developer as it relates to the development of the property. In 2021, Brightline Trails Florida LLC (f.k.a. Virgin Trains USA Florida, LLC) conveyed the property to the current owner, Mountain Cove Homes at Lakes at Cocoa Grove LLC. On December 19, 2023, the City approved an Amended and Restated Settlement Implementation Agreement, rescinding the prior Settlement Implementation Agreement, and allowing for consideration of up to 350 dwelling units on the property with specific requirements for access, minimum unit square footages, and enhanced recreational amenities.
Project Details:
The proposed Lakes at Cocoa Grove subdivision contains 246.43 gross acres, of which 215.58 are proposed for development. The remaining 30.85 acres will be placed into a conservation easement as shown in the Preliminary Plat. This project is proposed to include 350 detached single-family dwelling units, which will be completed in four phases. The project is consistent with the prior agreements between the current and previous owners and the City.
Future Land Use Designation: Very Low Density Residential / Conservation
Zoning District: RU-1-7 (Single-Family Residential District)
Existing Land Use: Vacant Land / Borrow Pit
Council District: District 3 - Councilmember Matthew Barringer
Legal Ad Date: January 23, 2024
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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 |
RES 1:2.5 (Brevard County) |
AU - Agricultural Residential (Brevard County) |
Single-Family Residential |
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South |
Very Low Density Residential / Conservation Overlay |
PUD - Windward Preserve Planned Unit Development |
State Road 528 / Brightline Railroad Tracks and Retention Ponds |
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East |
RES 1:2.5 (Brevard County) |
GU - General Use (Brevard County) |
Single-Family Residential |
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West |
RES 1:2.5 (Brevard County) |
AU - Agricultural Residential (Brevard County) |
Interstate 95 / Single-Family Residential (West of I-95) |
Preliminary Subdivision / Large Scale Site Plan Analysis
The submitted application and plans have been reviewed by City staff for consistency with the City’s Comprehensive Plan, Chapter 18 - Subdivisions and Appendix A - Zoning of the City of Cocoa Code, and the development agreements that were previously approved by the City of Cocoa. Staff has found the applications to be in substantial compliance, with the exception of the items found in Appendix A within this report. A full analysis documenting consistency with each of the applicable documents is summarized below.
Consistency with the Comprehensive Plan
Future Land Use Element
Policy 1.1.2.2: Very Low Density Residential (VLDR). Very low density residential areas consist of neighborhoods of single family detached housing. The following criteria shall be used for determining appropriate locations for very low density residential areas.
a. Very low density residential areas shall be buffered from the nuisance effects of agricultural uses, higher intensity uses and major traffic corridors.
b. Very low density residential developments should be located in areas where more intensive development would be unwarranted due to environmental constraints.
Staff Response: The subject property has a Future Land Use Map (FLUM) designation of Very Low Density Residential with the Conservation Overlay, which allows for consideration of residential densities of up to four (4) dwelling units per acre. The proposed development program results in a gross density of 1.42 dwelling units per acre and a net density (less conservation) of 1.62 dwelling units per acre. As such, the proposed density is below the maximum allowed by the Comprehensive Plan. Moreover, the Stipulated Settlement Agreement with Brevard County provides that the City will limit development to between 300 and 500 total residential units with a gross density permitted by the City to be approximately 2.03 residential units per acre. Accordingly, the gross density is well below the maximum allowed by the Comprehensive Plan and the Stipulated Settlement Agreement with Brevard County.
Policy 1.1.2.13: The Conservation Future Land Use Category is intended to protect environmentally sensitive natural resource systems as defined in Chapter 163 Part II F.S.
B. The boundaries of the Conservation Future Land Use category may be adjusted to be consistent with a wetland jurisdictional line determination by the SJRWMD without the need for a comprehensive plan amendment. In those areas initially presumed but later determined not to be classified as a wetland will take on the future land use category assigned to the upland portion of the development site.
Staff Response: A portion of the wetlands within the project area are being proposed to be impacted through this request. The applicant has an approved Environmental Resource Permit (ERP) through the St. Johns Water Management District (SJRWMD), which was issued on February 16, 2023, under permit number 158236-2. The technical analysis provided by SJRWMD for that permit states that the ecological value of the impacted wetlands / surface waters is low, and the proposed mitigation at the Kemcho Mitigation Tract will provide greater long-term ecological value than the impacted wetlands and surface waters. As such, these impacts are consistent with Policy FLU 1.1.2.13 and the City’s Comprehensive Plan.
Recreation and Open Space Element
Policy 10.1.2.2: All new development of recreational facilities in the City shall be
required to meet the Florida Accessibility Code.
Staff Response: The proposed 8’ wide trails will be constructed with concrete or asphalt to ensure ADA accessibility. Maintenance of this trial system will fall under the CDD or HOA, as applicable. The appropriate entity will be required to maintain the trail in accordance with ADA standards.
Concurrency Management / Adequate Public Facilities
Wastewater
The Lakes at Cocoa Grove project is going to generate 83,300 gallons per day. The Sellers Plant is currently permitted to treat 3.5 mgd of wastewater. The maximum peak flow over the past three months was 3.83 mgd with typical daily average flows of 2.0 mgd. Thus, there is sufficient capacity for wastewater.
Stormwater Management
The Level of Service (LOS) for Stormwater Management is as follows:
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Design Storm Event” |
25-year frequency/24-hour duration event |
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On-site Stormwater Management: |
Retention of the first one inch of rainfall for areas of more than one acre. |
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Stormwater Quantity: |
Post development stormwater runoff flow rates, quantities, peaks, and velocities shall be equal to or less than levels that existed prior to development. |
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Stormwater Quality: |
No significant degradation of water quality in receiving water bodies. |
The applicant has an approved Environmental Resource Permit with the St. Johns River Water Management District and is not proposing any deviations from the City of Cocoa’s requirements or Water Management District standards.
Potable Water
Per Comprehensive Plan Potable Water policy 7.1.1.1, the City’s level of service (LOS) standard for potable water is 122 gallons per capita per day (gpcpd) per Equivalent Residential Connection (ERC), or 340 gallons per day per ERC. In reviewing the development program of 350 dwelling units, this totals an estimated 119,500 gallons per day on average, when including the recreational amenity.
The Dyal Plant provides potable for the City of Cocoa service area and it is currently permitted to operate at 48 million gallons per day (mgd). The maximum provision over the past twelve months is 34 mgd. Thus, there is sufficient capacity for potable water available to serve the project.
Solid Waste
The LOS standard for solid waste capacity within the City of Cocoa is 1.2 tons of solid waste disposal per capita per year. The residential collection LOS shall be two times per week per household with green waste and recyclables once per week. The City contracts with Waste Management for the provision of solid waste, and the projected solid waste generated will be collected consistent with the adopted level of service standards.
Roadways (Transportation)
The project is proposed to have two access points, an extension of Bahia Street to the north of the site and the extension of Osage Street to the east of the site. Both Bahia Street and Osage Street are owned and maintained by Brevard County and the applicant will be required to coordinate directly with the County to determine what improvements will be required to those facilities.
Per the Traffic Impact Study conducted by DRMP dated December of 2022, the project will generate 3,293 daily trips at buildout. As part of DRMP’s analysis, segments of Grissom Parkway, Canaveral Groves Boulevard, and Industry Road were evaluated for peak-hour, two-way level of service at projected buildout. The study concluded that all study area roadway segments and intersections would operate at an acceptable capacity and level of service at buildout. However, the study recommends the following improvements for the project:
• Phase 1: Grissom Parkway at Proposed Connector Road: exclusive right-turn lane eastbound on Proposed Connector Road, exclusive right-turn lane southbound on Grissom Parkway, exclusive left-turn lane northbound on Grissom Parkway
• Phase 2: Grissom Parkway at Proposed Connector Road: install traffic signal
Recreation
Per Comprehensive Plan Recreation Policy 10.1.1.3, the LOS standard for recreation facilities is 1.25 acres per 1,000 population.
Pursuant to the City of Cocoa Comprehensive Plan Evaluation and Appraisal Report (October 2010) Data and Analysis, Cocoa has a surplus of 118.34 acres of parks, which was determined to be more than sufficient to meet the needs of the citizens through 2020. Per the U.S. Census, the City’s estimated 2022 population was 19,559, which requires 24.45 acres of park and recreation facilities within the City. The EAR identified the City as having 323.58 acres (including the 165.09 acres Cocoa Conservation Area) available for residents. Per the U.S. Census, the City has an average of 2.4 persons per household, which would yield a population of 840 people at buildout. Based on the City’s LOS, the project will require 1.05 acres of recreation to accommodate the proposed population. The applicant is proposing 12.88 acres of recreation space within the project. Thus, the City has sufficient recreation and parks to support the project and maintain the adopted LOS.
Schools
The applicant will be required to provide documentation from Brevard Public Schools that shows that capacity is available to serve this development.
Consistency with the Code of the City of Cocoa
The submitted application and plans have been reviewed by City staff for consistency with Chapter 18 - Subdivisions and Appendix A - Zoning of the City of Cocoa Code. The subject property is zoned RU-1-7 (Single-Family Residential District) and the following regulations apply:
Sec. 3: RU-1-7, Single-Family District
Principal uses and structures: single-family dwelling units
Minimum lot area: 7,500 square feet
Minimum lot width: 75’
Minimum lot depth: 100 feet
Minimum living area: 1,200 square feet
Maximum height: 35’
Minimum front setback: 25’
Minimum interior lot setback: 8’
Minimum corner lot setback: 15’
Minimum rear setback: 15’
Staff Response: The applicant’s Preliminary Subdivision / Large-Scale Site Plan has been designed in accordance with these zoning requirements.
Consistency with Applicable Development Agreements
There are the following development agreements are applicable to the property:
Stipulated Settlement Agreement between Brevard County, Florida; the City of Cocoa, Florida, Florida Space Needle, LLC; and Barrera Shores, LLC recorded at Brevard County Official Records Book 5837 / Page 2226
The Stipulated Settlement Agreement was approved by the City, County, and private property owners to resolve litigation associated with the annexation of the subject property. This agreement included measures to ensure that the design of the subject property was compatible with the surrounding area within unincorporated Brevard County. The following provisions were included in the agreement:
• The perimeter lots located on the north and east perimeter of the property shall be no less than 70’ by 140’ in size, with the rear 15’ of the lot dedicated to be a natural buffer.
• The total unit count shall be between 300 and 500 dwelling units.
• The access to Grissom Parkway shall be either through Osage Street / Angelica Street or south along the 100’ wide drainage canal right-of-way, whichever alignment is preferred by Brevard County.
• The owner shall comply with all applicable drainage permitting requirements of the County and/or the St. Johns’ River Water Management District.
Staff Response: In review of the proposed plans, the applicant has complied with the required minimum lots sizes on the perimeter and the required natural buffers. The application contemplates 350 single-family dwelling units, which is within the range required by the agreement. Brevard County selected the Osage Street / Angelica Street alignment for the eastern access point, and that alignment is reflected on the plans. The owner has an approved Environmental Resource Permit through the St. Johns’ River Water Management District. As such, the applicant’s request is consistent with the terms outlined in the Stipulated Settlement Agreement.
Amended and Restated Settlement Implementation Agreement between the City of Cocoa and Mountain Cove Homes at Lakes at Cocoa Grove, LLC recorded at Brevard County Official Records (RECORDING DATE TO BE DETERMINED)
The City of Cocoa entered in a Settlement Implementation Agreement with the applicant’s predecessor, Virgin Trains USA, LLC, which was recorded on October 16, 2019. An Amended and Restated Agreement was approved by the City of Cocoa on December 19, 2023. The following provisions were included in the agreement:
• The subdivision shall include a maximum of 350 residential dwelling units.
• The minimum living area under heat and air shall be 1,500 square feet and the minimum average living area under heat and air shall be 1,800 square feet.
• The project shall have two access points; the northern access points shall be at the existing southern terminus of Bahia Street and the eastern access shall be located at the southeast corner of the project to align with Osage/Angelica Street.
• The project shall be consistent with the conceptual development plan shown in Exhibit B of the agreement.
• Project recreational amenities shall include:
o Central amenity center (community clubhouse) which shall be fully enclosed and air-conditioned with feature pool, open space area, and community pavilion (picnic tables and grills) with state-of-the-art modern tot-lot and playground (with UV rated canopy and/or shade trees);
o Multi-use sports field;
o Multi-purpose courts;
o Smaller common open space lots and areas through the community with benches (with UV rated canopy and/or shade trees);
o Connected multipurpose trail system;
o Streetscape design acceptable to the City;
o Decorative and landscaped entrance features;
o Residential driveways constructed of stone or brick pavers, or stamped and stained concrete;
o All utilities constructed underground; and
o Incorporation of energy efficient features.
Staff Response: The applicant has committed to installing the required amenities for the project. Additionally, recommended conditions of approval have been added to this report to ensure compliance as the applicant works through the City’s permitting process.
STRATEGIC PLAN CONNECTION:
N/A
BUDGETARY IMPACT:
Based on a 2.4 persons per dwelling unit multiplier, the project can be expected to add 840 persons to the City’s population base. An increase in population will positively affect intergovernmental revenues received where the distribution formula is population based, such as gasoline and sales taxes.
In addition to the direct fiscal impact to the City’s General Fund, the development project will increase the economic attractiveness of the City by increasing its market and trade area potential, an important factor to corporate site selectors as well as retail and dining establishments.
PREVIOUS ACTION:
The City of Cocoa has taken the following previous actions related to the subject property:
• January 1, 2008: Stipulated Settlement Agreement between Brevard County and the City of Cocoa recorded in Brevard County Records
• October 16, 2019: Settlement Implementation Agreement between City of Cocoa Virgin Trains USA Florida, LLC recorded in Brevard County Records
• February 26, 2020: Rezone the property to RU-1-7
• May 23, 2023: Brevard County Board of County Commissioners selected the Osage/Angelica access route to the project
• December 19, 2023: Amended and Restated Settlement Implementation Agreement between City of Cocoa and Mountain Cove Homes at Lakes at Cocoa Grove, LLC approved
• February 7, 2024. Planning and Zoning Board recommended approval to City Council
RECOMMENDED MOTION:
Recommendation
Staff recommends the City Council APPROVE the Preliminary Subdivision for the Lakes at Cocoa Grove with the conditions set forth below:
1. The project shall comply with the Preliminary Subdivision and Large Scale Site Plan for the Lakes at Cocoa Grove Subdivision.
2. The P&Z approval of the Large Scale Site Plan shall be conditional upon the City Council’s approval of the Preliminary Plat.
3. The applicant shall address all remaining comments provided under Exhibit A and Exhibit B.
4. All amenities in a designated phase must be completed before any Certificate of Occupancy in the following phase will be issued.
5. The traffic signal at the intersection of Osage / Angelica Streets and Grissom Parkway shall be installed prior to the issuance of any Certificates of Occupancy for residential units within Phase 3.
6. The clubhouse facility shall be an enclosed structure under heat and air.
7. Residential driveways shall be constructed of stone or brick pavers, or stamped and stained concrete.
8. All utilities constructed on the property including, but not limited to, electric, water, sewer, reclaimed water, cable, phone, fiber optics, natural gas, and other similar kinds of utilities to service the property constructed underground unless otherwise necessary to be above ground and approved by the City.
9. The project shall incorporate the use of energy efficient lighting systems, insulation, ENERGY STAR rated windows, low-flow water fixtures, modern heat pumps, energy efficient HVAC systems, and the ability for roof top solar panels.
10. Single-family living area shall be a minimum of 1,500 square feet, with an average of 1,800 square feet.
11. The same architectural elevation shall not be built on a lot that is adjacent to or directly across the street, including one home to either side, diagonal, or the house directly across the street.
12. The developer shall comply with tree protection and preservation requirements found within Sec. 22 of the City of Cocoa Code, as may be amended, and the Tree Mitigation Contribution Deferral requirements within the Amended and Restated Settlement Implementation Agreement.
13. The developer shall comply and address all comments by the City Surveyor prior to submittal of any application for final plat approval.
14. The applicant shall provide notice to the City to include ownership and maintenance obligations for the common areas and infrastructure within the community between the HOA and CDD.
15. Prior to issuance of residential building permits, the applicant shall provide documentation from Brevard Public Schools showing that capacity is available to serve the project.