Planning and Zoning Board AGENDA. May 10, :30 P.M. City Council Chambers

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1 Planning and Zoning Board AGENDA May 10, :30 P.M. City Council Chambers Notice to Visitors: All persons who desire to speak on any public hearing item must fill out an Oath Card, sign the card, and submit to one of the City Planners. Speakers will be heard in the order received by the Chairman. The applicant may make a brief rebuttal if necessary. Anyone who speaks is considered a witness. If you have photographs, sketches, or other documents, you must provide 9 copies to one of the City Planners for distribution to the board members. These items will be retained by the Board members, City Attorney and City Staff. Purpose: The purpose of the Planning and Zoning Board is to provide recommendations to City Council about all matters that are development applications or staff initiatives relating to the City s comprehensive plan, known as the Horizon 2030 Comprehensive Plan and the City s Land Development Regulations found in Subpart B of the Municipal Code of Ordinances. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. MINUTES Planning and Zoning Board Meeting of April 11, PUBLIC HEARING(S) a. Development Agreement Pineapple Cove Classical Academy (DA ) A Development Agreement to provide for the extension of Norfolk Parkway and City Utilities for Pineapple Cove Classical Academy on property located at 3455 Norfolk Parkway and more particularly described as follows: Applicant: Pineapple Cove Classical Academy Location: Remainder of Tract CC, Sawgrass Lakes Phase One, Plat Book 60 Page and Tracts RD-12 and RD PUBLIC COMMENT ON GENERAL MATTERS 7. PLANNING DIRECTOR REPORTS & BOARD MEMBER REPORTS 8. ADJOURN All persons wishing to be heard or to have their opinion known should appear in person at these hearings or send written comments to City staff. All persons and parties are hereby advised that if they should decide to appeal any decision made by the City with respect to any matter considered at the public meeting or hearing described in this notice, they will need a record of the proceedings, and for such purpose, said person or party may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (Chapter 286, Florida Statutes). In compliance with American with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City s ADA coordinator at at least 48 hours in advance of this meeting.

2 Planning and Zoning Board MINUTES April 11, :30 P.M. City Council Chambers 1. CALL TO ORDER The meeting was called to order at 6:30 p.m. with the Pledge of Allegiance by Chairman Liesenfelt. 2. ROLL CALL Present were: Chairman Jim Liesenfelt Vice Chairman Chris Jaudon Board Member George Cronin Board Member Anna Kapnoula Board Member Jennifer Spagnoli Board Member Rob Brothers Board Member Paul Bernkopf 3. MINUTES Planning and Zoning Board Meeting of March 13, 2018 Moved by Vice Chair Jaudon, seconded by Board Member Bernkopf to approve the minutes as written. Motion passed, PUBLIC HEARING(S) a. Initial site plan Carlton Apartments (SIT , Concept Plan) The applicant is requesting initial site plan approval for Carlton Apartments consisting of 385 units on acres, more or less. The deliberation of approving/approving with conditions or denying the initial/concept plan is a quasi-judicial function only performed by the Planning and Zoning Board per City Code. Applicant: Location: B.S.E. Consultants, Inc. agent for The Mahaffey Company West side of Hollywood Boulevard at Imagine Way

3 Planning and Zoning Board Meeting April 11, 2018 Page 2 City Attorney Richardson briefed the board on quasi-judicial proceedings. Planning Director Fischer presented the staff report. She talked about the location, size, zoning and the proposed development. She explained the two-step site plan process for multi-family development and presented the initial site plan and features of the plan. She explained a condition of approval is for the building to be built with the architectural features as depicted in the initial site plan submittal and that any substantial change in this initial site plan would have to come back to the Planning and Zoning board for review and that the approval is for an eighteen month period and if no construction happens within that timeframe, the initial site plan expires. She presented staff analysis to show the initial site plan meets the code requirements for content. She explained the environmental and site data and the maximum number of units per acre allowed on this property because of the Palm Bay Road Overlay density limits. She talked about the lot coverage and building setbacks on the initial site plan and how they met city requirements. She talked about the required recreation fee and traffic improvements; and explained the coordination with the school board regarding the capacity of current schools Riviera Elementary, Central Middle School and possibly Heritage High. Ms. Fischer advised the applicant is available to answer questions and recommended the following motion: Approve the initial site plan for Carlton Apartments based on the staff analysis with the following conditions: 1. City Council determination on the development being a gated community. 2. The architectural features of the development shall be as depicted on the architect s drawings. 3. The project will pay the code requirement portion of fee in lieu of providing public recreation prior to final site plan approval. 4. The applicant, City staff and Brevard County staff meet to discuss a funding mechanism for a signal warrant study at Imagine Way and Hollywood Blvd. 5. The applicant aligns all new and existing lanes of Imagine Way (both sides to prevent offset alignment for through and turn movements) 6. The applicant provides analysis of whether a box culvert is needed for the new segment of Imagine Way over the canal. 7. Extend the proposed north bound turn lane in Hollywood Blvd. to be 195 in length. 8. SJRWMD and FDEP permits are obtained for the new water, sewer lines and impacts to the wetlands. The applicant will have to meet the discharge limits imposed by the Melbourne Tillman Water Control District of stormwater to its system. 9. Paver blocks or other stones be used to temporarily connect the two sidewalks that will flank either side of Imagine Way until a cross walk is installed at the entrance to the new development when Imagine Way is extended westward. Chairman Liesenfelt opened the public hearing. Ana Saunders, B.S.E. Consultants Inc. spoke on behalf of the Mahaffey Company. She stated they are happy to work with all of staff s recommended conditions and would build a permanent sidewalk instead of a temporary sidewalk for condition number nine. Discussion included: Signal warrant Brevard County permitting process should work with the City and the County as part of the determination. There was clear direction on the issues from Brevard County very early on in the process since this is not a new project. Ana Saunders explained this multi-family project has been ongoing since 2006 with different developers.

4 Planning and Zoning Board Meeting April 11, 2018 Page 3 Interconnection to the commercial development to the south was not possible because the location of the wetlands blocked access and there is a vacant property in between along Hollywood Boulevard. There will be a missing segment of sidewalk due to the undeveloped parcels between the commercial shopping center and this proposed apartment complex and there really is no legal mechanism to force the undeveloped parcels to provide the missing segment of sidewalk across another private property until that vacant private property develops. Asked staff to approach the County for a sidewalk. School concurrency paperwork has been submitted to the school board. Turn lane length applicant will provide an extra 20 feet per the condition. Landscaping There will be a full set of landscaping plans provided with the final site plan process that will meet or exceed City requirements. Electrical service will all be underground. Attractive front view elevations that will face the road and a decorative fence with stone columns is proposed along the frontage. William Mahaffey talked about using up-lighting and well-lit traffic areas and the use of decorative lamps throughout the site. Placement of fencing around the stormwater ponds will be determined by SJRWMD requirements. Capacity of Hollywood Boulevard Gil Ramirez, LTG, spoke about ADT Average Daily Trips and Average Annual Daily Traffic which he explained are nominal and really never are hit in real life as being 2870 Daily trip pm 196 and am 172 two way and 1435 entering and 1435 exits. Was consideration given to the addition of 2 nd south bound ingress/egress to the traffic light? The applicant explained it was decided that the right out only ingress/egress would split the traffic and it is also designed for emergency access and was not considered the main entrance to the apartment complex. Chairman Liesenfelt asked for any additional comments from the audience. Seeing none, he closed the public hearing. Moved by Vice Chair Jaudon to approve the initial site plan for Carlton Apartments based on the staff analysis with the following conditions: 1. City Council determination on the development being a gated community. 2. The architectural features of the development shall be as depicted on the architect s drawings. 3. The project will pay the code requirement portion of fee in lieu of providing public recreation prior to final site plan approval. 4. The applicant, City staff and Brevard County staff meet to discuss a funding mechanism for a signal warrant study at Imagine Way and Hollywood Blvd. 5. The applicant aligns all new and existing lanes of Imagine Way (both sides to prevent offset alignment for through and turn movements) 6. The applicant provides analysis of whether a box culvert is needed for the new segment of Imagine Way over the canal. 7. Extend the proposed north bound turn lane in Hollywood Blvd. to be 195 in length. 8. SJRWMD and FDEP permits are obtained for the new water, sewer lines and impacts to the wetlands. The applicant will have to meet the discharge limits imposed by the Melbourne Tillman Water Control District of stormwater to its system. 9. Permanent sidewalk to connect the two sidewalks that will flank either side of Imagine Way until a cross walk is installed at the entrance to the new development when Imagine Way is extended westward.

5 Planning and Zoning Board Meeting April 11, 2018 Page 4 Motion passed, 7-0. b. Large Scale Comprehensive Plan Map Amendment Robert Cochran s property as part of Hibiscus Springs multi-family site - (LSA ) Comprehensive Plan Amendment No (LSA) proposes to amend the City s Future Land Use map for property from COM (Commercial) MD-RES (Medium Density Residential) to City of West Melbourne UD-RES (Urban Density Residential) land use designation. Applicant: Location: MBV Engineering Inc. agent for Continental 436 Fund, LLC South side of Hibiscus Blvd, west of Dairy Road and north of West New Haven Avenue The proposed Large Scale Amendment to the City s Future Land map will be acted upon by City Council with a recommendation from the Planning and Zoning Board. Planner Curry presented both staff reports together but advised the board there needed to be two separate motions. She talked about the location and size of the property, explained the proposed use, existing future land use designation and the proposed future land use designation. She explained the specific analysis required by Florida Statutes and done by staff for comprehensive plan reviews and the maximum infrastructure and service impacts to demonstrate sufficient capacity for sewer, water drainage and solid waste. She talked about the surrounding properties future land use designations and explained the consistency with the Comprehensive plan Goals, Objective, and Policies. She explained the maximum potential development for commercial development versus medium-density residential development and that based on the analysis of the differences, there is an elimination of commercial square footage which has a higher impact than multi-family on public services. She explained the rezoning request and presented a snapshot of the zoning map of the current zoning with the proposed zoning. She presented the analysis showing the request is consistent with the land development regulations and the surrounding uses. She added the location of this property is appropriate for multi-family development because of the proximity of many defense contractors/employers, Melbourne Square Mall and accessibility to public bus transportation. She concluded with the recommended motions: 1. Item 5b - Recommend to City Council to transmit the large scale comprehensive plan map amendment to change the future land use on the subject property from COM (Commercial) and MD-RES (Medium Density Residential) to UD-RES (Urban Density Residential). 2. Item 5c - Recommend to City Council approval of the rezoning request to change the zoning from C-P, R-A and M-1 to R-3 with the condition that the comprehensive plan map amendment is approved. Chairman Liesenfelt opened the public hearing. The following persons spoke about the request: Carol Fox, 8041 Daventry Dr. Melbourne, FL concerned about the impacts to the canal; wildlife and fencing; location of emergency access; and inconvenience during construction with dirt and debris. Seth Keno, 235 Ladybug Court, West Melbourne, FL concerned with traffic at the emergency exit on the southern portion of the property; safety of children playing with regards to the traffic; and the increase of traffic on Evans, Nasa and Hibiscus.

6 Planning and Zoning Board Meeting April 11, 2018 Page 5 Elizabeth Adler, Continental Properties spoke about their business being based out of Wisconsin and having been in business for 35 years. She explained they are requesting a land use and zoning change in order to be able to submit site plans for review for the Springs at Hibiscus apartments. She described the site as being split by the Crane Creek Drainage Canal with townhome style/individual apartment living (meaning everyone has direct access to the parking lot and does not use shared hallways); pet friendly; and amenities including a clubhouse and car-care maintenance area. She described the project as a unique housing opportunity for the City. She also introduced Bruce Moia, MBV Engineering as part of the development team. Discussion Included: Public notice and neighborhood meeting. Crossing the canal with a wooden bridge. Access point on Hibiscus and its location. The loss of commercial property on Hibiscus. Environmental Phase 2 Study is required because of prior industrial use of a portion of the property. There is at least a 70 buffer between the properties to the south. Emergency Access with a transponder onto Canal Street. Traffic Study based on proposed land use and zoning reduces traffic impacts. Reclaimed water not available in that location from the City of West Melbourne. Advising potential residents regarding schools School concurrency paperwork has been submitted to the school board Elizabeth Adler advised their market studies only show about 5% of the residents will have school age children which translates to about 25 students. Chairman Liesenfelt asked for any comments from the audience. Seeing none, he closed the public hearing. Moved by Vice Chair Jaudon, seconded by Board Member Kapnoula on Item 5b - recommend to City Council to transmit the large scale comprehensive plan map amendment to change the future land use on the subject property from COM (Commercial) and MD-RES (Medium Density Residential) to UD-RES (Urban Density Residential). Motion passed, 7-0. c. Rezoning Robert Cochran s property as part of Hibiscus Springs multi-family site - (REZ ) A request to rezone property from C-P (Commercial Parkway) M-1 (Light Industrial and Warehousing) R-A (Residential Agricultural) to R-3 (Multiple-Family Dwelling). Applicant: Location: MBV Engineering Inc., agent for Continental 436 Fund, LLC South side of Hibiscus Blvd, west of Dairy Road and north of West New Haven Avenue The proposed rezoning will be acted upon by City Council with a recommendation from the Planning and Zoning Board.

7 Planning and Zoning Board Meeting April 11, 2018 Page 6 Moved by Vice Chair Jaudon, seconded by Board Member Kapnoula on Item 5c - Recommend to City Council approval of the rezoning request to change the zoning from C- P, R-A and M-1 to R-3 with the condition that the comprehensive plan map amendment is approved. Motion passed, PUBLIC COMMENT ON GENERAL MATTERS No Comments 7. PLANNING DIRECTOR REPORTS & BOARD MEMBER REPORTS Planning Director Fischer informed the board on upcoming roadway improvements and talked about the zoning and land use matrix update. Vice Chair Jaudon asked for clarification on new legislation and how it affects cell tower locations. There was also some discussion regarding drive through businesses in the Town Center Overlay and the sidewalk gap study and whether there is funding to update it. 8. ADJOURN Chairman Liesenfelt adjourned the meeting at 9:03 p.m. Chairman Liesenfelt Denise Curry, Planner

8 AGENDA ITEM May 10, 2018, Planning and Zoning Board Prepared and Presented By: Christy Fischer, Planning Director To: From: Members of the West Melbourne Planning and Zoning Board Christy Fischer, AICP, Planning Director Date: May 10, 2018 SUBJECT Development Agreement with Pineapple Cove Classical Academy to provide for the extension of Norfolk Parkway and City utilities. RECOMMENDATION The Planning and Economic Development Department requests that the Planning and Zoning Board provide this recommendation to Council: Approval of the Development Agreement between the City of West Melbourne and Pineapple Cove Classical Academy for the extension of Norfolk Parkway and a City water main. FISCAL IMPACT There is no fiscal impact to the City since the applicant pays the application fees and for legal advertisement.

9 DISCUSSION PROPERTY ADDRESS 3455 Norfolk Parkway Remainder of Tract CC, Sawgrass Lakes Phase One, Plat Book 60 Page and Tracts RD-12 and RD-13. PUBLIC HEARING DATE(S) May 10, 2018 Planning and Zoning Board May 15, 2018 City Council BRIEF SUMMARY OF REQUEST At the southwest corner of the Sawgrass Lakes subdivision, property that has always been identified as being for a future school site is under construction with a charter school Pineapple Cove Classical Academy. In order for this property to have access to Norfolk Parkway and City drinking water, the charter school is extending the water main that exists along Norfolk Parkway, as well as extending the road, Norfolk Parkway to its driveways. However, in order to make the infrastructure available to others who might build west of the school, the City is requiring that the water main size be upsized to allow for a potential future water plant or service to others, and that in the future if the charter school continues to grow that Norfolk Parkway and a water main be extended. COMPATIBILITY with the COMPREHENSIVE PLAN The proposed development agreement is consistent with the comprehensive plan as it provides for the extension of roadway and utilities to serve the immediate development and future developments. PROPERTY AERIAL COMPATIBILITY with the LAND DEVELOPMENT REGULATIONS This staff report analyzes the code compliance of the development agreement with the land development regulations ATTACHMENTS (CIRCLE) Proposed Development Agreement SUBMITTED PLANS N/A PUBLIC H EARING PETITION/ APPLICATION FORM Background This is a request for approval of a Development Agreement between the City of West Melbourne and Pineapple Cove Classical Academy at West Melbourne Inc. This agreement is about two subjects, the extension of Norfolk Parkway and the upsizing of a potable water main to the 17-acre site currently being 2 P a g e May 10, 2018 Planning and Zoning Meeting

10 developed with Pineapple Cove Classical Academy and for the school s future development beyond the southwest portion of the Sawgrass Lakes development. This particular request is a non-statutory development agreement per the City s Codes in Sections to The agreement ensures that Norfolk Parkway is extended to the western boundary of the property and the city utilities (water main extension) are installed to the farthest point of the project as well as the water main being upsized in order to provide services to future customers. The development agreement binds the owners and subsequent owners to the provisions of the agreement for ten (10) years, plus one-year periods after that for another five years. The following information has been compiled to assist the boards in making recommendations and determinations concerning this request. Staff Analysis The development agreement addresses the obligations of the developer (Pineapple Cove Classical Academy at West Melbourne Inc.) and the obligations of the City of West Melbourne regarding the water main overdesign and upsizing. It also addresses Norfolk Parkway extension and the phasing of construction and obligates any successor owner or developer to complete the Norfolk Parkway to the western boundary of the property. A development agreement provides the public with assurances that development will occur in the manner in which is agreed; sufficient infrastructure to serve the development and surrounding uses is constructed; and to address any other development related items to benefit the general public. The following description is a summary of the assurances and obligations in the agreement. 1) Water Main Overdesign and Upsizing, Page 2 There are two parts to Section 2, one deals with the developer s obligations to be the project manager for the 16-inch water main, and the second part dealing with the City s obligations to pay the developer for the water main and its construction, $163,894.55, and pledge to maintain the line once installed. Staff comment The larger the diameter of potable water mains, the more population the main lines can serve. Sawgrass Lakes has a twelve-inch diameter water main that serves the various neighborhoods within its development and this main currently ends at the intersection of Shallow Creek Boulevard and Norfolk Parkway. In order for the charter school to have sufficient capacity (at maximum build out with grades K-12 might have up to 800 students), they need at least a ten-inch water main extended westward beyond Shallow Creek Boulevard. The City would like this water main increased in diameter to 16-inches which would provide excess capacity in the line to serve future developments that might occur west of Sawgrass Lakes and allow for a potential system of water main trunk lines should the City decide to build a water plant. The construction costs involved with building an upsized line are to be paid by the City, but these types of costs are typically more economical when part of a development project such as this than if the City on its own were to pay for the engineering, construction and material costs in a separate project parallel to the 10-inch water main. 2) Norfolk Parkway Extension, Page 4 Section 3 of the development agreement pertains to the immediate obligation of the developer to extend Norfolk Parkway at least to its driveways, and a future obligation of extending Norfolk Parkway to the west limits of its property should the charter school use any of the remaining vacant land that will lie west of the main school campus (see development agreement Exhibit B2). The City s obligation is to allow the 3 P a g e May 10, 2018 Planning and Zoning Meeting

11 road to be constructed in a 100 of right of way width instead of the arterial width of 125, and for the City to take ownership of any portions of road that are built. Staff comment All parties involved with the original approval of Sawgrass Lakes in 2013, meaning the City, Brevard County (for the connection of the road to Minton Road), and DR Horton, always knew that the County s long term vision for traffic management in this part of the County was for Norfolk Parkway to be continued westward and to eventually connect to the St. Johns Heritage Parkway. The St. Johns Heritage Parkway now exists between Palm Bay and New Haven Avenue (US 192), but it may be many years before Norfolk Parkway is extended to intersect with the St. Johns Heritage Parkway. However, the City and the County both have experienced that when roads are built solely for one development and not extended to a natural terminus, the public usually suffers by having to shoulder the construction cost of road extensions. It is for this reason that the City is requiring that if the remaining few acres of the charter school property are built on by the charter school with any more buildings, that the road shall be extended to the southwest corner of that property. The City in turn will allow the paved road to be 2 lanes, but an area wide enough to accommodate 4-lanes must still be designed and the area be reserved as part of this future extension area. The trees are allowed to be cleared off the entire 100 wide right of way area to prevent future taxpayers and citizens from stating they did not know something would be built and to prevent the public from having to pay this expense if the charter school never builds any more buildings beyond its Phase I and II building sites. 3) Phasing, Page 5 Section 4 describes that the extension of Norfolk Parkway as phased (Exhibits B1, B2, and C) and that this would be allowed by the City. Staff comment The City s review of the document was focused on what facilities were to be provided in the Norfolk Parkway right-of-way, namely the water main and the asphalt for the new segment of Norfolk Parkway that the developer would build, and the timing of when the road and water main would be extended in the Remainder of Property (Future Development) for the charter school (see Exhibit B2). 4 P a g e May 10, 2018 Planning and Zoning Meeting

12 The City Attorney and City Manager had numerous discussions with the construction company and the charter school about the City s need for assurances that the public would not be the party extending the water and roadway to the southwest corner of the Sawgrass development. Discussions also included the need for a development agreement in which the obligations of the developer and the City were outlined, and in which an agreed upon set of plans was attached. 4) Development Approvals, Concurrency/Impact Fee Credits, Permits, Default, Page 5 Sections 5-8 are standard legal paragraphs which borrow upon language in the City Codes that are required to be a part of a public development agreement. Staff comment - The City Attorney reviewed the document and has approved the format of these sections. 5) Binding Agreement on Successors, Page 5 Section 9 is also a standard paragraph in development agreements to ensure that the agreements made apply not only to the current developer, Pineapple Cove Classical Academy, but also to any company or group who purchases the property in the future. Staff comment The City Attorney reviewed this paragraph and approved the language for binding future owners to the terms of this development agreement. 6) Duration, Page 6 Section 18 is found in all development agreements to ensure that all parties understand the expiration date for the agreement, which in this case is ten years. Staff comment The City Attorney and City Manager reviewed this paragraph and approved the language for the development agreement to be in effect for at least ten years and renewable for another five years. This timeframe was a result of multiple discussions with the developer and his attorney about their projections for future build out on the site. Developer s agreement and Consistency with the Comprehensive Plan The development agreement is consistent with the Comprehensive Plan as indicated with the analysis of the policies below. The Future Land Use Element also contains some of the policies that are applicable to the development agreement. These Future Land Use Element policies include the following: FLU Policy 6.1 Development Capacity and Resources Coordinate the expansion of public services, infrastructure and facilities with the development of land Staff Comments Sections 2 and 3 of the development agreement addresses the coordination of the provision of public services, infrastructure and facilities with the development of the land. FLU Policy 8.2 Regulation Compliance Continue to utilize the technical review process to ensure that development and redevelopment activities within the City of West Melbourne adhere to all local, regional, state, and federal laws. Staff Comments City staff has reviewed the construction drawings for the charter school and construction has begun for Phase One which will be for grades K through 8. 5 P a g e May 10, 2018 Planning and Zoning Meeting

13 Transportation Objective 5. Transportation Systems Operation Ensure that the transportation system addresses the community s development needs, service standards, and financial capabilities. Staff Comments The City is mindful of future parallel connections that could serve a larger regional area and can alleviate congested roadways at peak times such as experienced with a road like Minton Road. The City foresees the extension of Norfolk Parkway as providing additional transportation routes to continue a grid like pattern of roads in West Melbourne. The City also foresees that when the time comes for Norfolk Parkway to connect to St. Johns Heritage Parkway, the need will probably be for Norfolk Parkway adjacent to Sawgrass Lakes to be 4-laned to match its 4-lane status on the east side of Minton Road and reduce traffic incidents associated with switching lanes once a 4-lane road becomes a 2-lane road. Norfolk Parkway on the west side of Minton Road only currently serves Sawgrass Lakes, but the City, the County and the Space Coast Transportation Planning Organization have always identified Norfolk Parkway extending west of Minton Road as a major arterial connecting to St. Johns Heritage Parkway to serve future businesses and residents on the current ranch property near that future intersection and residents and businesses in the general South County area. Developer s Agreement and Consistency with the Land Development Regulations The proposed development agreement complies with the current criteria found in Section and Section of the Land Development Regulations for development agreements. Public Notice: The public hearing was advertised as required in the legal section of the Florida Today on April 26, Previous Action: There has been no previous action on this agenda item as this is the first time the item has been advertised for public hearing. Conclusion and Recommendation: The analysis above demonstrates that the request is: Consistent with the comprehensive plan Compliant with the Land Development Regulations Advertised for public hearings Staff recommends the following motion: Recommend that City Council approve the Development Agreement between the City of West Melbourne and Pineapple Cove Classical Academy at West Melbourne Inc. ATTACHMENTS 1. Development Agreement 6 P a g e May 10, 2018 Planning and Zoning Meeting

14 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WEST MELBOURNE AND PINEAPPLE COVE CLASSICAL ACADEMY AT WEST MELBOURNE, INC. THIS AGREEMENT (the Agreement ), made and entered into this day of, 2018, by and between THE CITY OF WEST MELBOURNE, a Florida municipal corporation, whose address is 2240 Minton Road, West Melbourne, Florida (the City ) and PINEAPPLE COVE CLASSICAL ACADEMY AT WEST MELBOURNE, INC., a Florida Not for Profit Corporation, whose principal address is 6162 Minton Road NW, Palm Bay, Florida (the Developer ). WITNESSETH WHEREAS, the Developer owns approximately 17 acres of property located near the western terminus of Norfolk Parkway, being more particularly described on attached Exhibit A (the Property ); WHEREAS, the Developer desires to develop a charter school (the Project ) on the Property, for which Project the Approved Site Plan is attached hereto as Exhibit B1 (the ASP ), with the remainder of the Property intended for future development, as identified in Exhibit B2 ; and WHEREAS, the use as a charter school is consistent with that certain Development Agreement Between City of West Melbourne and DR Horton for Sawgrass Lakes, recorded on September 6, 2013, at ORB 6964, Page 910, Public Records of Brevard County, Florida; and WHEREAS, this non-statutory Agreement is entered into in accordance with Chapter 66, Article VI, Division 4 of the City s Code of Ordinances and is a regulatory document and valid exercise of the City s police powers; and WHEREAS, the City Council has provided the applicable notice, reviewed the Agreement in a public forum and has found and determined that the development proposed in this Agreement is consistent with the City s Comprehensive Plan; and WHEREAS, the Developer agrees that the Project will be designed and constructed in accordance with the City s Code of Ordinances except as otherwise agreed in writing by the parties; and WHEREAS, pursuant to the City Code of Ordinances, the Developer is required to install water and sewer main extensions to the farthest point of the Project; and 1

15 WHEREAS, the City has requested that the Developer overdesign and upsize the water main extension to the Project, and the Developer has agreed to do so; and WHEREAS, the City has budgeted funds for the expansion of its water system in support of providing service to future customers. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: SECTION 1. RECITALS. The above recitals are true and correct and are incorporated into this Agreement by this reference. SECTION 2. WATER MAIN OVERDESIGN AND UPSIZING. A. Obligations of the Developer. The Developer agrees that it shall: 1. furnish design and engineering specifications for the construction of, and pay all engineering and surveying costs related to, the Water Main Improvement Work, which costs are not included in the Project Costs, and thus payment of such costs are in addition to the Developer s Share); 2. select, manage, and oversee a contractor (the Contractor ) in connection with the construction of the Water Main Improvement Work; 3. apply for and obtain all necessary permits and authorizations for the Water Main Improvement Work; 4. install the Water Main Improvement Work within existing easements and rights-of-way where water main may be installed, or obtain or provide easements as needed where existing easements and rights-ofway are not adequate, in locations which are mutually agreeable to the City and Developer; 5. obtain all necessary inspections, acceptances, and clearances required by any governmental entity or agency related to the Water Main Improvement Work; 6. provide as-built drawings of the Water Main Improvement Work to the City; 2

16 7. upon completion of the Water Main Improvement Work, convey title to the water main and related facilities, at no cost, to the City; 8. pay the normal water connection fee for connecting to the City s water system (this cost is not included in the Project Costs, and thus payment of this cost by the Developer is in addition to the Developer s Share); and 9. provide to the City a two-year maintenance bond, or cash in lieu of the bond, in the amount of 20 percent of the total actual construction costs of the Water Main Improvement Work. B. Obligations of the City. The City agrees that it shall: 1. as part of its share of the Project Costs, waive all plan review charges, inspection charges, and permit fees relating to the completion of the Water Main Improvement Work; 2. as part of its share of the Project Costs, reimburse the Developer, within thirty (30) days of final inspection, for the incremental construction costs associated with upsizing the water main in excess of the base construction cost that otherwise would have been necessary to serve water only to the Project (i.e., the increase from a ten inch (10 ) inch water main to a sixteen inch (16 ) water main) the incremental costs over said base construction cost (that is the responsibility of the Developer) is hereby set at the negotiated amount of $163, based on the Developer s engineer s estimate of costs, reviewed and accepted by the City engineer and staff; and 3. upon completion of the Water Main Improvement Work and acceptance by the City, accept title to the water main and related facilities, along with such easements and licenses as may be necessary for the City to maintain and operate said utilities, and maintain, repair, and replace them, in the same manner as other public improvements. 4. pay the increased cost of the maintenance bond, within thirty (30) days of receipt of invoice for same, as related to the cost increase from a ten inch (10 ) water main to a sixteen inch (16 ) water main. 3

17 C. Water Main Construction Documents. Attached hereto as Exhibit C, and incorporated herein by reference, is a description of the Water Main Improvement Work, a copy of which has been furnished by Developer to the City (hereinafter referred to as the Water Main Improvement Plans or the Plans ). The cost of preparing such Plans is not included in the Project Costs, and thus payment of these costs by Developer is in addition to Developer s Share. SECTION 3. NORFOLK PARKWAY EXTENSION. A. The City hereby grants waivers: (1) to the Land Development Code Section 82-33, to allow Developer to construct a two-lane roadway, utility extensions, stormwater conveyance or any other required infrastructure to the last entrance into the Project, as depicted in the Approved Site Plan instead of extending to the undeveloped property west of the Property, with a dead end at the terminus of the last entrance into the Project instead of a cul-de-sac or temporary turnaround; and (2) to the Land Development Code Section to allow Developer to build the partial extension with a minimum 100 right of way, instead of the typical 125 cross section for a collector or arterial road, including but not limited to a narrower land width, sidewalks, median, or other road feature modifications. However, these facilities must match the width of the existing built portion of Norfolk Parkway, and must be connected to the existing portion of Norfolk Parkway providing a seamless transition between the already built portion of road and the new portion of roadway. Developer shall cause construction of the remaining roadway and infrastructure to the western boundary of the Property to commence on or before the earlier of the following: (1) upon Developer s submittal of a site plan for any additional buildings in Phase IIas depicted in the Approved Site Plan; or (2) five (5) years from the date of this Agreement. Developer shall cause said roadway construction to be completed within 180 days of commencement. Construction of athletic fields west of the Phase I buildings of the ASP shall not require the remaining roadway to be constructed. B. No landscaping, irrigation or signage may be installed within the dedicated public right-of-ways without the City s review and written approval. The City shall maintain the dedicated public rights-of-way in the same manner as other public rightsof-way, unless the parties agree otherwise in writing. C. This Section shall run with the Property and obligates any successor owner or developer to complete the Norfolk Parkway to the western boundary of the Property. 4

18 SECTION 4. PHASING. The City hereby agrees to allow for a phased build-out of the Property, Norfolk Parkway and the utilities as more specifically set forth elsewhere herein and depicted in the Approved Site Plan. SECTION 5. DEVELOPMENT APPROVALS. Except as otherwise expressly set forth in this Agreement, it is agreed that all preliminary and final site plans for the Property, or any portion thereof, shall conform to the West Melbourne Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the West Melbourne Land Development Code, as it may from time to time be amended, this Agreement shall control. Nothing stated within this Agreement will be construed to grant or waive on behalf of the City any additional development approvals as defined by the City s Code of Ordinances that may be required in connection with the Owner s development of the Property. SECTION 6. CONCURRENCY/IMPACT FEE CREDITS. The Developer agrees to pay for its share of applicable impact fees to the City, City of Melbourne (potable water), Brevard County and other government agency at the time of development of the Project, if any are required. Any excess capacity created by the Owner in conjunction with the Project shall be determined for eligibility of impact fee credit, reimbursement or other recognition by the government body collecting said impact fees pursuant to the applicable ordinances and/or regulations related thereto. SECTION 7. PERMITS. The Developer shall, at its expense, obtain all necessary permits required by the City and any other federal, state, regional or other local governmental entity necessary to lawfully initiate any work on the Property and, in particular, those permits required for the Project. SECTION 8. DEFAULT. Each of the parties hereto shall give the other party written notice of any default hereunder and shall allow the defaulting party thirty (30) days from the date of its receipt of such notice within which to cure any such defaults or to commence and thereafter diligently pursue to completion good faith efforts to effect such cure and to thereafter notify the other parties of the actual cure of any such defaults. This Agreement is enforceable at law or in equity by the non-defaulting party, including, but not limited to, the right of declaratory and injunctive relief and specific performance of such obligations. This Agreement is regulatory in nature, and cannot form the basis for a breach of contract cause of action for monetary damages. SECTION 9. BINDING AGREEMENT ON SUCCESSORS. This Agreement shall be binding upon and shall inure to the benefit of the Developer and City and their respective successors and assigns, and shall run with the land, for as long as enforceable by law, or by the limitation of this Agreement. 5

19 SECTION 10. RECORDATION. This Agreement shall be recorded in the Public Records of Brevard County, Florida, at the expense of the Developer. SECTION 11. APPLICABLE LAW. This Agreement and the provisions contained hereto shall be construed, controlled and interpreted according to the laws of the State of Florida, with venue of any action relating to this Agreement being in Brevard County, Florida. SECTION 12. FURTHER DOCUMENTATION. The parties agree that at any time following a request by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party to this Agreement. SECTION 13. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intention of the parties can continue to be effected. SECTION 14. ATTORNEY S FEES AND COSTS. In the event either party sues the other to enforce the terms of this Agreement, each party shall bear its own attorney s fees and costs. SECTION 15. ENTIRE AGREEMENT. This instrument and referenced Exhibits constitutes the entire Agreement between the Owner and City and supersedes all previous discussions, understandings, and other agreement between the Owner and the City relating to the subject matter of this Agreement. SECTION 16. AMENDMENTS TO AGREEMENT. Any amendment to, or waiver of, the provisions herein shall be made only by written instrument duly executed by the Owner, Developer and City, and shall not be effective until recorded in the Public Records of Brevard County, Florida, at the Developer s expense. SECTION 17. COUNTERPARTS. This Agreement and any amendments thereto may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute one and the same instrument. SECTION 18. DURATION. This Agreement shall have an initial term of ten (10) years and shall thereafter automatically renew for successive one (1) year periods for up to 6

20 another five (5) years until terminated by any party upon no less than thirty (30) days written notice. SECTION 19. RESTRICTIONS. City Council may impose requirements that are more demanding than the City Code for the public health, safety, aesthetics or welfare for its citizens to be imposed during administrative site plan review as a result of the development agreement hearing. SECTION 20. NOTICES. Any notice, request, consent or other communication which another party is required or may desire to give another party shall be in writing and shall be delivered personally, by overnight mail with next day delivery, or by facsimile (hard copy sent by United States first-class mail), addresses indicated herein (subject to the right of a party to designate a different address for itself by notice as provided herein). SECTION 21. EFFECTIVE DATE. This Agreement shall first be executed by the Owner and Developer and submitted to the City for approval by the West Melbourne City Council. Upon approval by the West Melbourne City Council, this Agreement shall be executed by the Mayor on behalf of the City. The Effective Date of this Agreement shall be the date of execution by the Mayor on behalf of the City. SUMMARY OF EXHIBITS: A. Legal Description B1. Approved School Site Plan B2. Overall Site Plan C. Water Main Construction Documents [ The remainder of the page is intentionally left blank. Signatures on the following pages.] IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. ATTEST: CITY OF WEST MELBOURNE, a Florida municipal corporation By: Cynthia Hanscom, City Clerk Approved as to legal form and sufficiency: Morris Richardson, City Attorney By: Hal J. Rose, Mayor As approved by City Council on: 7

21 STATE OF FLORIDA COUNTY OF BREVARD The foregoing was acknowledged before me this day, 2018, by Hal J. Rose, as Mayor of the City of West Melbourne and Sue Frank as City Clerk of said City. They are personally known to me or have produced, and did not take an oath. Notary Public Printed Name: Commission No: PINEAPPLE COVE CLASSICAL ACADEMY AT WEST MELBOURNE, INC., a Florida Not for Profit Corporation ( Developer ) STATE OF FLORIDA COUNTY OF BREVARD By: Lisa Wheeler, President The foregoing was acknowledged before me this day of, 2018, Lisa Wheeler, as President of PINEAPPLE COVE CLASSICAL ACADEMY AT WEST MELBOURNE, INC, a Florida Not for Profit Corporation. She is personally known to me or has produced and did not take an oath. Notary Public Printed Name: Commission No: 8

22

23 Exhibit "B1"

24 Exhibit "B2"

25 NORFOLK PARKWAY EXTENSION WEST MELBOURNE, FL DATE: JULY 26, 2017 PREPARED FOR: SUMMIT CONSTRUCTION Exhibit "C" REV# DATE REVISION NORFOLK PARKWAY EXTENSION DATE SCALE PROJ. NO. : DESIGNED BY: DRAWN BY: CHECKED BY: DRAWING NO. 7/26/17 N.T.S JRT SMB JTW G-1 CIVIL INDEX OF DRAWINGS: SITE DATA: FLANAGAN ROAD CIVIL LEGEND: INTERSTATE NO. 95 SAWGRASS LAKES PHASES 3-5 PROJECT LOCATION SAWGRASS LAKES PHASES 1-2 NORFOLK 3. JUPITER BLVD. EMERSON DRIVE SUMMIT CONSTRUCTION NORFOLK PARKWAY WEST MELBOURNE, FL CIVIL COVER SHEET HEILD ROAD DRAWING TITLE MINTON ROAD PARKWAY PALM BAY ROAD LOCATION MAP 3. LEGAL DESCRIPTION:

26 REV# DATE REVISION NORFOLK PARKWAY EXTENSION DATE SCALE PROJ. NO. : SUMMIT CONSTRUCTION NORFOLK PARKWAY WEST MELBOURNE, FL NTS DESIGNED BY: DRAWN BY: CHECKED BY: DRAWING NO. 7/26/ JRT SMB JTW DRAWING TITLE G-2A A EROSION AND SEDIMENTATION CONTROL REQUIREMENTS CONTRACTOR RESPONSIBILITIES FOR NPDES (SWPPP) A SECTION A-A DEWATERING PLAN: DEWATERING SPECIFICATIONS: TYPICAL FDOT SILT FENCE DETAIL NTS CONTRACTOR SIGN-OFF / ACKNOWLEDGEMENT: SEE SHEET G-2B FOR EROSION CONTROL PLAN SOIL TRACKING PREVENTION DEVICE NTS

27 REV# DATE REVISION NORFOLK PARKWAY EXTENSION DATE SCALE PROJ. NO. : SUMMIT CONSTRUCTION NORFOLK PARKWAY WEST MELBOURNE, FL DESIGNED BY: DRAWN BY: CHECKED BY: DRAWING NO. 7/26/17 1"=100' JRT SMB JTW DRAWING TITLE G-2B EROSION CONTROL PLAN EROSION CONTROL PLAN 1"=100'

28 SHALLOW CREEK BOULEVARD NORFOLK PARKWAY REV# DATE REVISION NORFOLK PARKWAY EXTENSION DATE SCALE PROJ. NO. : SUMMIT CONSTRUCTION NORFOLK PARKWAY WEST MELBOURNE, FL DESIGNED BY: DRAWN BY: CHECKED BY: DRAWING NO. 7/26/17 1"=100' JRT SMB JTW DRAWING TITLE G-3 OVERALL SITE PLAN AND GENERAL NOTES SCHOOL SITE OVERALL SITE PLAN GENERAL NOTES: WEST MELBOURNE

29 MATCHLINE A-A SEE THIS SHEET MATCHLINE B-B SEE THIS SHEET MATCHLINE A-A SEE THIS SHEET MATCHLINE B-B SEE THIS SHEET REV# DATE REVISION DATE SCALE PROJ. NO. : SUMMIT CONSTRUCTION NORFOLK PARKWAY WEST MELBOURNE, FL DESIGNED BY: DRAWN BY: 7/26/17 1"=40' JRT SMB JTW C-1 EXISTING CONDITIONS AND DEMOLITION PLAN EXISTING CONDITIONS AND DEMOLITION PLAN EXISTING CONDITIONS AND DEMOLITION PLAN NORFOLK PARKWAY EXTENSION NOTES: DRAWING TITLE EXISTING CONDITIONS AND DEMOLITION PLAN CHECKED BY: DRAWING NO.

30 MATCHLINE A-A SEE THIS DRAWING MATCHLINE B-B SEE THIS DRAWING MATCHLINE A-A SEE THIS DRAWING REV# DATE REVISION DATE SCALE PROJ. NO. : DESIGNED BY: CHECKED BY: DRAWING NO. 7/26/17 1"=40' JTW DRAWING TITLE C-2 SITE AND UTILITY PLAN FUTURE SCHOOL SITE SITE AND UTILITY PLAN SITE AND UTILITY PLAN NOTES: SUMMIT CONSTRUCTION NORFOLK PARKWAY WEST MELBOURNE, FL MATCHLINE B-B SEE THIS DRAWING SHALLOW CREEK BOULEVARD NORFOLK PARKWAY EXTENSION EXISTING NORFOLK PARKWAY SITE AND UTILITY PLAN DRAWN BY: JRT SMB

31 MATTCHLINE A-A SEE DRAWING C-4 MATTCHLINE A-A SEE DRAWING C-4 REV# DATE REVISION NORFOLK PARKWAY EXTENSION DATE PROJ. NO. : SUMMIT CONSTRUCTION NORFOLK PARKWAY WEST MELBOURNE, FL DRAWING TITLE SCALE H: 1"=40' V: 1"=4' DRAWN BY: CHECKED BY: DRAWING NO. 7/26/17 JRT SMB JTW C-3 PLAN AND PROFILE STA: 1+00 THRU PLAN STA: 1+00 THRU PROFILE STA: 1+00 THRU DESIGNED BY:

32 MATCHLINE B-B SEE DRAWING C-5 MATCHLINE B-B SEE DRAWING C-5 REV# DATE REVISION C-4 PLAN AND PROFILE STA: THRU SUMMIT CONSTRUCTION NORFOLK PARKWAY WEST MELBOURNE, FL NORFOLK PARKWAY EXTENSION DATE PROJ. NO. : DESIGNED BY: DRAWN BY: CHECKED BY: DRAWING NO. 7/26/ JRT SMB JTW DRAWING TITLE H: 1"=40' V: 1"=4' MATCHLINE A-A SEE DRAWING C-3 PLAN STA: THRU MATCHLINE A-A SEE DRAWING C-3 PROFILE STA: THRU SCALE

33 SEE TYPICAL DETAIL TOP ELEVATION IS GUTTER ELEVATION AT INLET THROAT SEE TYPICAL DETAIL REV# DATE REVISION NORFOLK PARKWAY EXTENSION DATE SUMMIT CONSTRUCTION NORFOLK PARKWAY WEST MELBOURNE, FL DRAWING TITLE SCALE H: 1"=40' V: 1"=4' PROJ. NO. : DESIGNED BY: DRAWN BY: CHECKED BY: DRAWING NO. 7/26/ JRT SMB JTW C-5 PLAN AND PROFILE STA: THRU MATCHLINE B-B SEE DRAWING C-4 DRAINAGE STRUCTURE TABLE PIPE DESCRIPTION - TOP DOWNSTREAM NAME INVERTS SIZE LENGTH COMMENT FDOT INDEX NO. ELEVATION STRUCTURE (FEET) 01 CAP N = " CIRCULAR 41 LF 02 - S =20.50 TOP ELEVATION IS GUTTER 02 TYPE " CIRCULAR 400 LF 07 E =20.50 ELEVATION AT INLET THROAT 03 CAP N = " CIRCULAR 43 LF 04 - S =20.50 TOP ELEVATION IS GUTTER 04 TYPE " CIRCULAR 246 LF 05 W =20.50 ELEVATION AT INLET THROAT E = J-8-200/ " CIRCULAR 203 LF 07 - W = CAP N = " CIRCULAR 43 LF 07 - W =17.00 N =17.00 TOP ELEVATION IS GUTTER 07 TYPE 4-200/ " CIRCULAR 63 LF 08 E =17.00 ELEVATION AT INLET THROAT S = PIPE END S = CAP N = " CIRCULAR 43 LF 10 PLAN STA: THRU TYPE J-8-200/ S =20.50 E =20.50 W =19.00 E = " CIRCULAR 24" CIRCULAR 300 LF 300 LF CAP N = " CIRCULAR 49 LF TYPE W =17.00 N =17.00 S = " CIRCULAR 52 LF PIPE END S = MATCHLINE B-B SEE DRAWING C-4 PROFILE STA: THRU

34 TYPICAL RIBBON CURB DETAIL CONTRACTION JOINT IN CURB REV# DATE REVISION NORFOLK PARKWAY EXTENSION DATE SCALE PROJ. NO. : DESIGNED BY: DRAWN BY: SUMMIT CONSTRUCTION DRAWING NO. 7/26/17 NTS JRT DRAWING TITLE C-6 DETAILS TYPICAL 2-LANE NORFOLK PARKWAY SECTION TYPICAL 4-LANE NORFOLK PARKWAY SECTION TYPICAL CONTRACTION JOINT (CJ) DETAIL NORFOLK PARKWAY WEST MELBOURNE, FL TYPICAL SIDEWALK DETAIL TYPICAL FILTER FABRIC JACKET DETAIL CHECKED BY: SMB JTW

35 DATE SCALE NTS 7/26/17 PROJ. NO. : JRT DESIGNED BY: DRAWN BY: JTW SMB CHECKED BY: C-7 DRAWING NO. NORFOLK PARKWAY EXTENSION SUMMIT CONSTRUCTION NORFOLK PARKWAY WEST MELBOURNE, FL DRAWING TITLE DETAILS REV# DATE REVISION