PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM
Memo Date: November 29, 2023
Agenda Date: December 6, 2023
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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Approval of a PUD / Rezoning (Ordinance 22-2023) for one (1) parcel from Brevard County General Use (GU) to City of Cocoa Planned Unit Development (PUD), a Large-Scale Site Plan, and a Preliminary Subdivision consistent with Chapter 18 Subdivisions and Appendix A Zoning of the City Code for Windward Preserve.End
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BACKGROUND:
Project Information:
The proposed Windward Preserve PUD is located south of State Road 528 (Beachline) and east of Interstate 95. Windward Preserve includes one parcel of land identified by the Brevard County Property Appraiser as parcel identification number 24-35-10-00-502. The proposed project will be accessed through two access points off of James Road.
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 2005, the City entered into the City of Cocoa / Hagen-Nicolson Properties, LLC Preceding Development Agreement, which contemplated the exchange of development rights and City services in exchange for the annexation. This agreement was amended in 2006 to replace Hagen-Nicolson Properties, LLC with a new development entity, Barrera Shores, LLC. 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, access, and traffic calming for the project. In 2022, the City and Beachline Partners, 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.
Project Details:
The proposed Windward Preserve PUD contains 212.20 gross acres, of which 177.18 are proposed for development. The remaining 34.92 acres will be placed into a conservation easement as shown in the Preliminary Plat. This project is proposed to include 385 detached single-family dwelling units, which will be completed in two phases. The first phase will consist of 185 detached single-family dwelling units, the primary amenity center, and both entrances off James Road. The second phase will include 200 detached single-family dwelling units and the park area. The project will include a multi-use trail throughout the community. 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: Brevard County General Use (GU)
Existing Land Use: Vacant Land
Council District: District 3 - Councilmember Matthew Barringer
Legal Ad Date: November 21, 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 / Conservation (City) |
General Use (Brevard County) |
Retention Ponds / Brightline Railroad Tracks |
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South |
RES 1 (Brevard County) |
RR-1 Rural Residential (Brevard County) |
Single-Family Residential |
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East |
RES 1 (Brevard County) |
RR-1 Rural Residential (Brevard County) |
Single-Family Residential / Vacant Land |
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West |
RES 1:2.5 (Brevard County) |
AU Agricultural Residential and GU General Use (Brevard County) |
Interstate 95 / Vacant Land / Single-Family Residential (West of I-95) |
Preliminary Subdivision / Large Scale Site Plan Analysis
Consistency with 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, 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.
PUD Analysis:
The decision of the Planning and Zoning Board of the City of Cocoa on the preliminary / final development plan application shall include the findings of fact that serve as a basis for its recommendation. In making its recommendation, the Planning and Zoning Board of the City of Cocoa shall consider the following facts:
1. Degree of departure of proposed planned unit development from surrounding areas in terms of character and density.
Staff Finding:
The proposed Windward Preserve PUD is bordered by I-95 to the west and stormwater ponds associated with the Brightline rail system to the north. The site is bordered to the south and the east by larger-lot single-family development and undeveloped land that that has a maximum density of one (1) dwelling unit per acre within unincorporated Brevard County. The subject property has a Future Land Use Map (FLUM) designation of Very Low Density Residential, which allows for consideration of densities of up to four (4) dwelling units per acre. The proposed gross density for the project is 1.82 dwelling units per acre and the proposed net density is 2.1 dwelling units per acre, consistent with the underlying FLUM designation. While the proposal is slightly more dense than the surrounding communities to the south and the east, the applicant is proposing compatibility measures to provide a transition from this project and the adjacent communities. First, wetlands have been preserved adjacent to the eastern property line and there is no proposed access from the east of the site on Friday Road. Second, the applicant has located stormwater ponds, open space tracts, and preserved wetlands adjacent to the southern property line as a transition to the community to the south.
Additionally, the property is subject to the Stipulated Settlement Agreement between Brevard County and the City of Cocoa that was recorded in Brevard County Records on January 9, 2008. That agreement restricts the gross density of the property to 2.3 dwelling units per acre or a maximum of 600 total residential units. The Settlement Implementation Agreement, recorded in Brevard County Records on July 28, 2022, further restricts the density of the subject property down to 418 single-family residential units. The proposed PUD has a gross density of 1.82 dwelling units per acre and 385 dwelling units, well under the maximum allowable under the prior development agreements.
2. Compatibility within the planned unit development and relationship with surrounding neighborhoods.
Staff Finding:
Both the Stipulated Settlement Agreement and the Settlement Implementation Agreement include provisions for compatibility with the surrounding area, specifically the existing residential communities located to the south and east of the property. These provisions include a cap on the number of units, minimum home sizes, the location of open spaces and preservation on the eastern and southern borders of the property, prohibition of access from Friday Road, the installation of traffic calming devices along James Road, the provision of various recreational amenities, and enhanced landscaping at the project’s entrance. Additionally, the site is bordered by I-95 to the east and stormwater ponds associated with the Brightline system to the north. The applicant’s proposal is in compliance with these compatibility measures, as previously approved by the City of Cocoa in the respective agreements.
3. Prevention of erosion and degrading of surrounding area.
Staff Finding:
The Final Development Plan has been subject to certified analysis from licensed professionals (to include engineered site drawings, as well as relevant environmental conditions, topographical data and development impacts) to ensure that all applicable local, regional, state, and federal laws, with regard to the prevention of land erosion and degradation, are met. Over half (28.4 out of 54.11 acres) of the on-site wetlands will be preserved, and these wetlands and their upland buffers will aid in controlling and minimizing potential environmental impacts to the surrounding areas. Moreover, the project will be required to accommodate stormwater runoff onsite, thereby reducing impacts to the surrounding area.
4. Provision for future public education and recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation as shown in the preliminary development plan.
Staff Finding:
A review of the level of service for public facilities is provided below under the Concurrency Management section heading.
5. The nature, intent and compatibility of common space, including the proposed method for the maintenance and conservation of said common space.
Staff Finding:
Windward Preserve will have an amenity center, a park, and a multi-use trail system throughout the entirety of the development. The amenity center area (Tract F) will include a clubhouse, multi-purpose field, pool, and dog park and be part of Phase 1 of the development, which also includes a portion of the multi-use trail. The neighborhood park (Tract G) includes playground equipment, a trail, and a grilling area. The rest of the multi-use pathway and park area will be included with Phase 2 of the project. The amenity center and park areas are both consistent with the Settlement Implementation Agreement, which detail the minimum requirements for those facilities. The homeowner’s association or Community Development District, as applicable, will own and maintain the recreational amenities within the project.
6. The feasibility and compatibility of the specified stages contained in the preliminary development plan to exist as an independent development.
Staff Finding:
Windward Preserve is proposed to be constructed in two phases. The first phase will include both access points from James Road, necessary infrastructure improvements, the amenity center, and 185 single-family dwelling units primarily located along the south and western portion of the development. Phase 2 will include the remaining infrastructure, the neighborhood park, and the remaining 200 single-family dwelling units along the north and eastern portions of the property. Each phase will be able to stand alone, with the access being provided in Phase 1.
7. The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed planned unit development.
Staff Finding:
Per the Traffic Impact Study conducted by LTG Engineering & Planning dated April 2023, the project will generate an average of 3,488 daily trips at project build out. As part of LTG’s analysis, segments of SR 524, Friday Road, James Road, Cox Road, and Westminster Drive were evaluated for peak-hour, two-way level of service at projected buildout. The analysis found that the segment of SR 524 from Cox Road to Industry Road is expected to exceed the peak hour two-way capacity at build out. However, Ordinance 14-2023 removed concurrency requirements for SR 524, and staff notes that the engineering and design for the widening of SR 524 is programmed in the Florida Department of Transportation (FDOT) tentative work program for fiscal year 2024 / 2025.
As stated further below, James Road is a Brevard County owned and maintained roadway. The road will be improved at the applicant’s expense, and the applicant has been coordinating with the County regarding the road design and associated traffic calming measures.
8. The availability and adequacy of water and sewer service to support the proposed planned unit development.
Staff Finding:
As detailed in the Concurrency Management / Adequate Public Facilities section of this report, water, sewer and reclaimed water for the project will be serviced by City of Cocoa. Capacity is currently available to serve this project.
9. The benefits within the proposed development and to the general public to justify the requested departure from standard land use requirements inherent to a Planned Unit Development classification.
Staff Finding:
The PUD zoning classification is a concept that encourages and permits variations in development standards by allowing for the deviation in lot size, bulk or type of dwellings, density, lot coverage, and open space from that typically required under zoning district regulations. The purpose of a PUD is to encourage the development of planned residential neighborhoods that provide a range of uses designed to serve the residents of the community.
The PUD designation provides flexibility from conventional zoning standards to allow for conservation, wetland preservation, and efficient land use management; thus, securing open space for parks and recreational uses. Windward Preserve is proposed to include the preservation of over 34 ± acres of on-site wetlands and wetland buffers, which will be placed into conservation easements.
Further, the proposed development will have a favorable effect on the City’s budget, and thus, a favorable effect upon its residents. There is an expected increase in ad valorem tax revenue from the build-out of the PUD, an increase in state and federal intergovernmental transfers based on population (e.g. sales and fuel surcharge taxes), and an increase in water and sewer revenues.
10. The conformity and compatibility of the planned unit development with any adopted development plan of the City of Cocoa.
Staff Finding:
The proposed PUD is consistent and compatible with the goals, objectives, and policies of the City of Cocoa’s Comprehensive Plan.
Additionally, the proposed PUD meets the requirements set forth in the Stipulated Settlement Agreement and the Settlement Implementation Agreement, both of which have been approved by the City of Cocoa. The Settlement Implementation Agreement includes an exhibit showing the proposed community layout and the maximum number of dwelling units. The proposed PUD is generally consistent with that layout and represents a reduction of 33 lots from Preliminary Site Plan that was included as Exhibit A of the Settlement Implementation Agreement.
Additionally, the PUD code provides additional requirements for building setbacks, landscape buffers, minimum floor area per dwelling unit, maximum length of structures, off-street parking, lighting, trash enclosures, and preservation of trees/landscape requirements. These have been reviewed and found to be in compliance.
11. The conformity and compatibility of the proposed common space, primary residential and nonresidential uses within the proposed planned unit development.
Staff Finding:
Section 17(F)(3) of Article XI, Appendix A, Zoning, Code of the City of Cocoa, establishes the minimum common recreation and open space regulations for residential PUDs. The code defines common recreation and open space, related to a residential planned unit development, as improved usable area designed and intended for the use or enjoyment of residents of the PUD. Moreover, “such usable space may be in the form of active or passive recreational areas including but not limited to playgrounds…nature trails and lakes.” The proposed PUD provides a trail system throughout the development that connects to the amenity center and to the park/ tot lot. This trail system connects to sidewalks and open spaces throughout the community. The common space and residential use within the proposed PUD have been designed to provide contiguous areas of open space throughout the community with the goal of preserving large wetlands throughout the development. Per code, the community is required to include 35.44 acres of open space and the applicant is proposing 35.52 acres of open space in addition to the preserved wetlands.
Site Plan Analysis:
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, 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 B within this report.
Consistency with Comprehensive Plan Policies and Objectives
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.
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.
Objective 1.2.1: Smart Growth Principles. New development in the City shall incorporate “Smart Growth” principles that will lead to compact development standards as opposed to conventional development standards that encourage urban sprawl.
Future Land Use Element
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 submitted an Environmental Resource Permit (ERP) through the St. Johns Water Management District (SJRWMD) that states that the quality of the wetlands that are proposed to be impacted are either low or average quality, with no wetland being identified as having high ecological value. SJRWMD issued Uniform Mitigation Assessment Method (UMAM) scores for the impacted wetlands, which ranged from 0-6, on a scale of 0 to 10. Should these wetland impacts be approved by the SJRWMD, this request will be consistent with FLU Policy 1.1.2.13.
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 trails will be constructed with ADA compliant materials and maintenance 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 Windward Preserve project is going to generate 115,500 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 submitted a permit to the St. Johns River Water Management District and is not proposing any deviations from the City of Cocoa’s above 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. The applicant’s potable water analysis is based on a rate of 350 gallons per day per ERC, which is estimated to generate 64,983 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)
Access to the project will be provided through the extension of James Road. James Road is a Brevard County owned and maintained roadway. The road will be improved at the applicant’s expense, and the applicant has been coordinating with the County regarding the road design and associated traffic calming measures.
Per the Traffic Impact Study conducted by LTG Engineering & Planning dated April 2023, the project will generate an average of 3,488 daily trips at project build out. As part of LTG’s analysis, segments of SR 524, Friday Road, James Road, Cox Road, and Westminster Drive were evaluated for peak-hour, two-way level of service at projected buildout. The analysis found that the segment of SR 524 from Cox Road to Industry Road is expected to exceed the peak hour two-way capacity at build out. The design for the widening of SR 524 is programmed in the Florida Department of Transportation (FDOT) tentative work program for fiscal year 2024 / 2025.
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 925 people at buildout. Based on the City’s LOS, the project will require 0.925 acres of recreation to accommodate the proposed population. The applicant is proposing 35.52 acres of open space and recreation within the project. Thus, the City has sufficient recreation and parks to support the project and maintain the adopted LOS.
Schools
A School Capacity Determination was filed with Brevard Public Schools for this project. The applicant will be required to comply with all applicable standards in terms of capacity and concurrency.
BUDGETARY IMPACT:
Based on a 2.4 persons per dwelling unit multiplier, the project can be expected to add 925 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:
• April 28, 2005: City of Cocoa / Hagen - Nicholson Properties, LLC Preceding Development Agreement recorded in Brevard County Records
• November 21, 2006: City of Cocoa / Barrera Shores, LLC Preceding Development Agreement recorded in Brevard County Records
• January 1, 2008: Stipulated Settlement Agreement between Brevard County and the City of Cocoa recorded in Brevard County Records
• July 28, 2022: Settlement Implementation Agreement between City of Cocoa and Beachline Partners, LLC recorded in Brevard County Records
RECOMMENDED MOTION:
Recommendation
Staff recommends the Planning & Zoning Board recommend approval to City Council of the Final PUD and Preliminary Subdivision and Large-Scale Site Plan for Windward Preserve with the conditions set forth below:
1. The project shall comply with the Planned Unit Development Plans for Windward Preserve.
2. The provided Development Schedule shall be binding upon the development of Windward Preserve. Amenities proposed for Phase One shall be completed prior to issuance of the 150th Certificate of Occupancy for Phase One. Amenities proposed for Phase Two shall be completed prior to the issuance of the 150th Certificate of Occupancy for Phase Two.
3. The Applicant shall satisfy all remaining review comments contained in Appendix A and B.
4. The clubhouse facility shall be an enclosed structure under heat and air.
5. Residential driveways shall be constructed of stone or brick pavers, or stamped and stained concrete.
6. 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.
7. Each lot and all common landscaped areas shall be equipped with in-ground reclaimed water irrigation systems.
8. 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.
9. The applicant shall coordinate with Brevard County and surrounding property owners to determine the applicable traffic calming devices for James Road and shall construct the traffic calming devices as approved by Brevard County. All traffic calming devices along James Road shall be constructed and completed following land clearing of the property but prior to any further construction or site work being completed.
10. Single-family living area shall be a minimum of 1,500 square feet, with an average of 1,800 square feet, and a minimum building footprint of 2,400 square feet.
11. The same architectural elevation shall not be built on a lot that is adjacent to or directly across the street from, or diagonal to the lot.
12. The developer shall comply with tree protection and preservation requirements found within Sec. 22 of the City of Cocoa Code, and shall be permitted to further supplement the Final Development Plan with revisions to the landscaping plans, a tree preservation survey, and request for additional preservation or other credits in compliance with the Code prior to land clearing commencement.
13. The developer shall comply and address all comments by the City Surveyor prior to submittal of any application for final plat approval.
14. If a Community Development District is formed for this community, the applicant shall update and provide notice to the City regarding ownership and maintenance obligations for the common areas and infrastructure within the community.
15. The Applicant shall be required to produce approvals from St. John’s River Water Management District permitting the proposed wetland mitigation plans such that the boundaries of the Conservation Area may be adjusted pursuant to Comprehensive Plan Policy 1.1.2.13.