CITY COUNCIL AGENDA ITEM
Memo Date: May 25, 2024
Agenda Date: May 28, 2024
Prepared By: Eric Raasch, AICP - Inspire Placemaking Collective, Inc.; Contract Planner to the City of Cocoa
Through: Stockton Whitten, City Manager
Requested Action:
title
Approval of a Final Plat consistent with Chapter 18 Subdivisions of the City Code for the Lakes at Cocoa Grove and approval of an Improvements Agreement to waive the requirement for filing a performance bond to secure the construction cost estimate of unfinished public improvements associated with the subdivision.
End
body
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. On February 13, 2024, the City approved the Preliminary Subdivision for this project, subject to conditions.
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 (Tract I) as shown in the Final Plat. This project is proposed to include 350 detached single-family dwelling units. 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
|
Overview of Surrounding Area: |
|
|
Future Land Use Designations |
Zoning Districts |
Land Uses |
|
North |
RES 1:2.5 (Brevard County) |
AU - Agricultural Residential (Brevard County) |
Single-Family Residential |
|
South |
Very Low Density Residential / Conservation Overlay |
PUD - Windward Preserve Planned Unit Development |
State Road 528 / Brightline Railroad Tracks and Retention Ponds |
|
East |
RES 1:2.5 (Brevard County) |
GU - General Use (Brevard County) |
Single-Family Residential |
|
West |
RES 1:2.5 (Brevard County) |
AU - Agricultural Residential (Brevard County) |
Interstate 95 / Single-Family Residential (West of I-95) |
Final Plat 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. Additionally, the City Surveyor has reviewed the Final Plan, and found it consistent with Florida Statutes.
On February 13, 2024, City Council approved the Preliminary Subdivision, subject to conditions. As a condition of that approval, the applicant was required to revise the Preliminary Plat (and forthcoming Final Plat) to address the items documented in Exhibit A, which were outstanding staff comments. Staff has found the application to be in substantial compliance with those conditions, with the exception of the following:
Exhibit A, Planning Division Comment #3 read as follows: Policy 12.1.6.15.E states that where wetlands exist, upland buffers shall be provided at a minimum width of fifteen (15) feet and an average width of twenty-five (25) feet beyond the perimeter of the wetland. The applicant is proposing a minimum 20-foot upland buffer within Tract I and a 5-foot wetland preservation buffer easement along the rear of all of the lots and tracts that abut Tract I. Inspire notes that the lots abutting Tract I are proposed to have a 120’ depth, which exceeds the code requirement for the RU-1-7 zoning district of 100’. Inspire suggests reducing the lot depth adjacent to Tract I by five feet to eliminate the need for the wetland preservation buffer easements in this location. The City will not accept a 5’ conservation easement over the rear of all lots abutting Tract I. The buffers must be located in Tract I or a separate buffer tract to be owned and maintained by the HOA.
Outstanding Issue #1 for Council Consideration: In lieu of providing a 25-foot upland buffer around the perimeter of Tract I, the applicant has proposed a 20-foot upland buffer and a 5-foot wetland preservation conservation easement along the rear of all lots and tracts that abut Tract I. The City Council will need to determine if this is consistent with the purpose and intent of Comprehensive Plan Policy 12.1.6.15.E. Given the applicant’s desire to request modification of this condition of approval, the City staff have requested several additions to the plat notes and HOA Covenants to specifically address activities that will not be permitted in the 5-foot conservation easement along the rear of the lots abutting Tract I. Specifically, Plat Note 10 provides:
10. Tract I and the rear 5.00 feet of all lots abutting Tract I shall be subject to the conservation easement dedicated to the City of Cocoa, as recorded I the Official Records of Brevard County, Book ___, Page ___. No lot owner may construct fences, buildings, signs, or other structures on or above the ground; nor remove any vegetation except for nuisance species; nor excavate nor engage in activities detrimental to drainage, flood control, or water conservation within the conservation easement area. Lot owners are advised to consult the full text of the conservation easement prior to engaging in any uses of the rear 5.00 foot conservation easement.
The HOA Covenants also specifically provide:
Owners of the lots along the northern and eastern perimeter of the LAKES AT COCOA GROVE are subject to a fifteen foot (15’) landscaped buffer easement along such northern and eastern perimeter, respectively, except that the eastern landscaped buffer easement may be required to be relocated as described on the plat. Owners of the lots along the northern and eastern perimeter shall not disturb, remove, or cut any vegetation and landscaping in the 15’ landscaped buffer. The 15’ landscaped buffer shall be maintained by the Association or the District. Further, Owners of lots abutting Tract I shall be subject to a five-foot conservation easement in the rear yard, adjacent to Tract I, which is part of the wetland buffer. No fences shall be erected in the conservation easement, but may be erected adjacent to the easement. The 5’ conservation easement shall be planted with approved wetland vegetation. Owners of the lots along Tract I shall not disturb, remove, or cut any vegetation and landscaping in the 5’ conservation easement, except where approved by the City of Cocoa in accordance with the conditions of the conservation easement.
Outstanding Issue #2 for Council Consideration: Section 18-31 of the City Code establishes that one of the submission requirements for a final plat is filing a performance or surety bond in the amount of one hundred ten percent (110%) of the construction cost estimation of any unfinished portion of the required public improvements for the subdivision. Under the City’s typical subdivision process, the preliminary plat does not authorize the sale of lots, but authorizes the developer to commence installation of required improvements in accordance with approved plans and specifications, such as roads, stormwater infrastructure, utilities, etc., prior to requesting approval of the final plat.
In this case, the capital construction of the required public improvements for the subdivision will be accomplished through the Lakes at Cocoa Grove Community Development District (CDD). In particular, the CDD will cause to be constructed the following public improvements that will eventually be owned by the City or Brevard County (referred to collectively as the “City Improvements”):
• Utilities and Sanity Sewer System for Lakes at Cocoa Grove
• Water Distribution System (Potable Water)
• Connector Road: Osage/Angelica
• Roadway Drainage Improvements: Osage/Angelica
• Intersection improvement @ Grissom
As a governmental entity and special purpose district, the CDD will be required to publicly advertise and solicit bids for the construction of the City Improvements and will require its construction contractor following award of the contract to post a payment and performance bond as required by law. Because the CDD will require its construction contractor to post a payment and performance bond at the time the contract is awarded, the CDD has requested that the City waive its performance bond requirement in Section 18-31 of the City Code at the time of the final plat approval and has committed through the proposed Improvements Agreement to require its construction contractor to name the City as a dual obligee on the payment and performance bond under a special Rider at the time of their contract award. This will ensure that the contractor and its surety will be obligated to construct the City Improvements in the event of a default by the CDD or the Developer. The Improvements Agreement provides that should the Developer or District fail to tender to the City a Surety Bond with the executed Dual Obligee Rider by December 1, 2024, the Developer or District shall be required to submit a performance bond to the City of Cocoa to secure the completion of the City Improvements in accordance with Section 18-31 of the City Code. Essentially, this allows approximately 6 months for the public bidding process to occur. The City Council must consider the waiver request and the proposed Improvements Agreement in lieu of the required performance bond.
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.
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:
|
Design Storm Event” |
25-year frequency/24-hour duration event |
|
On-site Stormwater Management: |
Retention of the first one inch of rainfall for areas of more than one acre. |
|
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. |
|
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 has provided 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 Final Plat 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
The City of Cocoa entered into 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 13, 2024: Preliminary Subdivision Plan approved by the City of Cocoa
RECOMMENDED MOTION:
Recommendation
Staff recommends the City Council approve the Final Plat for the Lakes at Cocoa Grove, subject to the conditions set forth below and approve the execution of the proposed Improvements Agreement in lieu of requiring a performance bond for the public subdivision improvements.
1. The final plat shall not be recorded until the Improvements Agreement is executed by the Lakes at Cocoa Grove Community Development District and the Developer, Mountain Cove Homes.