Planning and Zoning Board AGENDA. Thursday May 16, :00 P.M. City Council Chambers

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1 MAYOR Hal J. Rose DEPUTY MAYOR John Coach Tice COUNCIL MEMBERS Pat Bentley Stephany Eley Bill Mettrick Barbara A. Smith Andrea Young CITY HALL 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) Planning and Zoning Board AGENDA Thursday May 16, :00 P.M. City Council Chambers All persons who desire to speak on any public hearing item must fill out an Oath Card, sign the card, and submit the Card 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. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. MINUTES Planning and Zoning Board Meeting of April 9, MANCHESTER LAKES PHASE 4 FINAL PLAT The applicant is requesting approval of a final plat for Manchester Lakes Phase 4 Applicant: Location: Manchester Lakes, LLC Southeast of Hollywood Blvd and Eber Boulevard (continuation of lots along Attilburgh Boulevard and Litchfield Drive) 6. PUBLIC HEARING(S) a. Promise in Brevard Conceptual Site Plan The applicant is requesting approval of a conceptual site plan for Promise in Brevard which proposes a 50 unit multi-family complex (rental apartments for people with special needs) on approximately acres.

2 Planning and Zoning Board Meeting 05/16/2013 Page 2 Applicant: Location: MAI Architects, Engineers (agent for Promise in Brevard ) East of Minton Road and north of Norfolk Parkway b. Sawgrass Lakes Preliminary Plat The applicant is requesting approval of a preliminary plat for Sawgrass Lakes subdivision which consists of 933 single-family lots on approximately acres. Applicant: Location: DR Horton, Inc. West of Minton Road and north of Hield Road at the intersection of Norfolk Parkway and Minton Road c. Sawgrass Lakes Development Agreement The applicant, DR Horton, Inc. is requesting approval of a development agreement for Sawgrass Lakes which provides the City assurance of road dedications, environmental protection and addresses other development requests. d. Small Scale Comprehensive Plan Map Amendments (SSA thru ) The applicants have annexed the properties into the City limits. As required by our Land Development Regulations, staff is processing the future land use map amendments to assign the City designations. Please make motion separately for each of the three. Locations: (SSA ) 3355 Fell Road LD-RES 569 Conifer Street LD-RES (SSA ) 3155 West New Haven Avenue COM 3245 West New Haven Avenue COM (SSA ) 3395 Fell Road INST The proposed small scale amendments to the City s Future Land Use Map will be acted on by City Council with a recommendation from the Planning and Zoning Board. e. Rezonings (REZ ) The applicants have annexed the properties into the City limits. As required by our Land Development Regulations, staff is processing the rezoning to apply a City zoning. Locations: 3155 West New Haven Avenue C-P 3245 West New Haven Avenue C-P 3355 Fell Road R-1AA 569 Conifer Street R-1A 3395 Fell Road P-1 The proposed rezonings will be acted on by City Council with a recommendation from the Planning and Zoning Board.

3 Planning and Zoning Board Meeting 05/16/2013 Page 3 f. Land Development Regulations Amendments Chapter 98 Zoning to remove the nightclub use. Code amendments to Chapter 98, Zoning, Article III, Districts to remove nightclub as a Principal Use as described in Section in the C-P (Commercial Parkway District) and to remove Part II, Nightclubs in Division 4, Interchange Commercial Overlay. 6. REPORTS a. Planning Director b. Board Members 7. ADJOURN All persons wishing to be heard should appear in person at these hearings or send written comments to the City Clerk. 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.

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19 MAYOR Hal J. Rose DEPUTY MAYOR John Coach Tice COUNCIL MEMBERS Pat Bentley Stephany Eley Bill Mettrick Barbara A. Smith Andrea Young Planning & Economic Development Dept. Christy Fischer, Planning Director City Hall 2240 Minton Road West Melbourne, FL Phone: (321) Fax: (321) PLANNING AND ZONING BOARD AGENDA ITEM PREPARED BY: Christy Fischer, Planning Director MEETING DATE: May 7, 2013 SUBJECT: Background Information Property owner: Location: Size: Residential Lots: Sawgrass Lakes Subdivision Preliminary Plat (PP ) DR Horton, Inc. West of Minton Road, south of Carriage Gate 500 +/- acres (several properties combined together) 104 single-family lots in Phase 1 Total of 933 lots In 2005, City Council approved a preliminary plat for the Villages of West Melbourne. This plat was not constructed and did not receive final plat approval. The property owner sold the property in 2012 to DR Horton. The new property owner proposed a different design which required that a new preliminary plat be submitted. The attached preliminary plat contains the proposed 933 single family lots. The new subdivision is called Sawgrass Lakes and has only once entrance which is the extension of Norfolk Parkway to Minton Road. Brevard County s Comprehensive Plan shows the eventual extension of Norfolk Parkway west to connect with the future St. Johns Heritage Parkway which will be west of this site. Sawgrass Lakes does not alter the entrance for Carriage Gate which would continue to have access to Minton Road in its current form.

20 Staff Report Sawgrass Lakes Preliminary Plat (PP ) Page 2 Adjacent Properties: Direction North South East West Existing Use Vacant and existing houses in the Police Foundation subdivision 160 feet of FPL easement plus Melbourne Tillman Water Control District canal Minton Road, Carriage Gate, closed County construction and debris landfill, existing houses, Seventh Day Adventist day care Platt Ranch and FPL substation The property is an irregular shape which is partially a result of the existing development to the east including Carriage Gate, the closed construction and debris landfill, Seventh Day Adventist s day care and existing houses. History of the Project and Norfolk Parkway: In 2005, the project was known as the Villages of West Melbourne and almost the same quantity of residential lots was proposed in a preliminary plat. The preliminary plat was approved in 2005 and the developer begun some of the construction of the infrastructure at the entrance of Minton Road and Norfolk Parkway. Since the construction had begun and Florida Statutes allowed for construction projects to be extended numerous times, the preliminary plat was valid until this year. DR Horton, Inc. purchased the property and after numerous discussions with city staff, determined that a new plat with a different layout would be more useful than working with a plat that was intended for another developer. The property has always only had one proposed entrance which has been to extend Norfolk Parkway from its end with Minton Road, westward. The County s Comprehensive Plan shows Norfolk Parkway in this section extending westward beyond the city limits and connecting to the St. Johns Heritage Parkway. Norfolk Parkway was identified by the Space Coast Transportation Planning Organization many years ago and was a part of the Platt Ranch comprehensive plan amendment approval. For the project, only a two lane section of Norfolk Parkway is needed and this will only be built up to about the middle of the property. The remaining section of Norfolk Parkway to make four lanes will be constructed when the Platt Ranch property to the west is developed and when a connection to the St. Johns Heritage Parkway is needed. Public Input and Agency Coordination: At staff s insistence, the developer has met numerous times prior to May 2013 with county residents from the streets to the south known as Ellis Drive and Sharon Drive, as well as residents of Carriage Gate and other surrounding areas. The developer also met with some of the county residents and FDEP on site to discuss the impact of the project on the County s closed landfill. FDEP informed the developer, the County and area residents that the project was not going to impact the closed landfill but if there were to be any disturbance to the toe of the slope of the closed landfill, then the State guidelines and requirements would have to be followed. City staff has kept the County Public Works Department, Department of Natural Resources, Solid Waste and the School Board informed of the status of the preliminary plat prior to bringing the plat for public hearings.

21 Staff Report Sawgrass Lakes Preliminary Plat (PP ) Page 3 Staff Analysis In reviewing the preliminary plat, the City assesses whether the request meets the minimum requirements in the Land Development Regulations and the Florida Statutes. The Florida Statutes provides most of the requirements and once the preliminary plat is approved, the next step is the final plat which creates the lots as a legal document. The layout of the lots in the final plat must look identical to the preliminary plat. The following sections provide staff s analysis of the City s requirements and the information required on the plat. Public Hearing Process The Sawgrass Lakes preliminary plat will be reviewed and deliberated upon by the Planning and Zoning Board and the City Council. City Council with consider this preliminary plat on May 21, Although the City s Codes have a distinction between the plats that are required to be processed through the Planning and Zoning Board only and those that are deliberated upon by Council, the City Attorney has ruled that per Florida Statutes, all plats, regardless of size, must be deliberated upon by City Council, with a recommendation from the Planning and Zoning Board. Overview of the Submitted Preliminary Plat The submitted plat is zoned R-1A, R-1AAA, and R-1B (see zoning map below). The two predominant zoning designations on the property are R-1A and R-1B. This mix of zoning was a result of the annexation process many years ago and the use of zoning district setbacks and sizes as a buffer to the adjacent unincorporated properties in Carriage Gate and other surrounding areas. All three zoning districts have different setbacks and in order to avoid confusion in the future since the zoning lines do not easily match distinguishable land features of the plat, staff has requested that the applicant submit a rezoning request that converts the 3 districts to one planned unit type of district with consistent setbacks, lot sizes, house size and perimeter buffers. The portion of property that is in red has the C-1 zoning but this the proposed location for Norfolk Pkwy. The submitted plat is to be a gated subdivision like its predecessor, The Villages. R-1A R-1AAA R-1AAA R-1B R-1A

22 Staff Report Sawgrass Lakes Preliminary Plat (PP ) Page 4 The features of the plat are as follows There is a portion of the property in the center of the new subdivision that is part of a previous old plat which is called June Park (approved in 1925), and technically will be replatted as Sawgrass Lakes. This is what is referred to as a plat that only exists on paper, since none of the streets or infrastructure was ever constructed to make the subdivision real. There are 19 sheets in the preliminary plat showing: 933 lots Although the preliminary plat shows 933 lots, if during the permitting process with any of the State or local agencies, additional area is required for public facilities, for endangered species or other reasons, the total number of lots may be slightly reduced when the project is ready for final plat. 6 private roads The preliminary plat shows 6 tracts for future private roads. The developer will have to change the names of some of the private roads since the County s 911 system has only approved a few names. Utility Tracts There are several tracts along the southern boundary of the subdivision plat which are for the purpose of containing the underground gas line and the main overhead transmission electric lines. These tracts are approximately 160 feet in width and will never contain development excess for allowed road crossings if needed. Two public roads Norfolk Parkway is one of the proposed public roadways and Sawgrass Lakes Boulevard is to be partially a public road up to the bridge which links the road to the gated subdivisions. Two large existing lakes This property has two large lakes that will become part of the stormwater management system. Seven recreation tracts These are the areas that in the future will contain tot lots or community pools and other amenities. Twenty nine stormwater tracts A subdivision of this size will be designed to meet and exceed the St. Johns River Water Management District requirements and the requirements of the Melbourne Tillman Water Control District. Nine wetland tracts Existing wetlands are being preserved and will in some cases be a part of the overall stormwater system. Eleven Landscape tracts - As with many new subdivisions, landscape tracts will be at the perimeter of the developed areas to provide areas for the community s landscaping and entrances features. Consistency with the Land Development Regulations (LDR): To review whether the proposed preliminary plat is consistent with the City s codes, staff reviews codes and makes a decision based upon what is provided to the City. The applicant was required to follow the sections of the City s Codes pertinent to Preliminary Plat Review. 1) LDR Section Preliminary plat. This section outlines the documents and fees required for preliminary plat approval. Staff Comments The applicant submitted all of the documents for the preliminary plat per this section of the Code. 2) LDR Section Preliminary Plat Review. Staff Comments The applicant submitted many of the documents for the preliminary plat review listed in this section of the code, and the City Engineer agreed that a set of engineering drawings could be submitted as a condition to approval of the preliminary plat.

23 Staff Report Sawgrass Lakes Preliminary Plat (PP ) Page 5 The applicant understands the risk that if during the review of engineering construction drawings, the layout of tracts and lots must be altered, then they will be required to revise the approved preliminary plat. There is a typographical error on Sheet 1 of the plat, under Note 18 which states there are 17 total tracts instead of listing 22 total tracts. 3) LDR Section Proposals to provide for preservation of endangered and threatened species and their habitats. Staff Comments The protection of endangered and threatened species is performed by the State of Florida mainly through the Fish and Wildlife Commission. The City of West Melbourne supports the State s requirements and we rely on their expertise and permitting of allowed actions for protected animal species. Gopher tortoises and a bald eagle are the protected species that have been identified on the Sawgrass Lakes site. As a condition of preliminary plat approval, DR Horton will be required to submit the copies of the correspondence with the State of Florida, and prior to the City s issuance of construction permits for the infrastructure, the applicant will be required to submit copies of the issued gopher tortoise and eagle s nest buffer permits. Sawgrass Lakes has identified that the subdivision will be built in phases, so the issuance of gopher tortoise permits could also be phased, if the State Fish and Wildlife Commission allows this. 4) LDR Section Preliminary plat review by planning and zoning board. This section lists the requirements for the preliminary plat of a subdivision. Staff Comments The applicant s plat is ready for the Planning and Zoning Board to review. 3) LDR Section Preliminary plat review by City Council. This section lists the requirements for the preliminary plat of a subdivision. Staff Comments The applicant s plat is sufficient to allow City Council deliberation. Since this is a large subdivision with several major improvements, staff has identified the conditions that will be provided to City Council in the form of a resolution Use of Preliminary Plat following approval Approval of the preliminary plat will authorize the developer to do one of the two options prior to submitting for final plat: 1) Prepare engineering plans, detailed cost breakdowns, and specifications for all required improvements which meet the approval of the city and install all required improvements in accordance with the approved plans and specifications. All work, as installed, shall be inspected and subject to the approval of the city. 2) Prepare engineering plans, detailed cost breakdowns, and specifications for all required improvements which meet the approval of the city and provide a performance, material, and labor payment bond or escrow agreement, in lieu of construction, acceptable to the city.

24 Staff Report Sawgrass Lakes Preliminary Plat (PP ) Page 6 Construction plan approval is needed to construct or bond all necessary improvements related to stormwater drainage, water and sewer lines, and transportation infrastructure for the subdivision. Concurrency Infrastructure and Public Services: The City s Concurrency Code, Chapter 70, addresses the analysis of infrastructure capacity review, vesting of capacity and reservation fees. At this time, there are no capacity issues in the infrastructure systems, and if infrastructure construction begins within 12 months of approval of the preliminary plat, the capacity will be vested. However, the developer will still be obligated to pay concurrency reservation fees at the time required by the impacted agencies. The only infrastructure systems needing reservation prior to issuance of a final plat are the parks and recreation and the potable water system. The City of West Melbourne requires payment of the parks and recreation in lieu of constructing parks, or confirmation that the privately owned and maintained recreation facilities can be credited towards this requirement. The other impacts fees which can be paid with the permitting of each individual lot, are for solid waste, correction facilities, school and sewer. Traffic impact fees are still waived until June 2013, however due to the impact identified by the developers traffic engineer, a proportionate fair share agreement will have to be worked out in advance with Brevard County. The payment of impact fees is the de minimus reservation of the already vested capacity. Transportation: Utilities: Stormwater Management: Recreation: Fire: Police: The applicant has met the minimum traffic concurrency requirements. An analysis was done during the preliminary plat approval process (as described on page 1 of this staff report). The applicant must coordinate with West Melbourne regarding the extension of potable water lines and sanitary sewer facilities. The developer will bear the expense of serving the 933 proposed units. The applicant must submit a permit from St. Johns River Water Management District for stormwater discharge and must meet minimum design standards for stormwater management during engineering review and approval. This means that the single-family residential lots are to be constructed in accordance with the drainage requirements of the Land Development Regulations (LDR) Sec and the St. Johns River Water Management District (SJRWMD) requirements. The developer will receive a master stormwater retention permit from SJRWMD, which cannot be exceeded. City Council may or may not allow the applicant to pay a recreation fee in lieu of dedication of land for a park. If City Council allows a fee in lieu of dedication of land, this is done at the final plat step. In order to calculate this fee, the applicant provides an MAI (Master Appraisal Institute) appraisal along with the recreation fee calculation and submits the payment. Brevard County Fire and Rescue provides fire protection and emergency services to all properties within the city limits. The City of West Melbourne Police Department will serve the site. Coordination with Outside Agencies

25 Staff Report Sawgrass Lakes Preliminary Plat (PP ) Page 7 As part of the subdivision plat process, the applicant is required to demonstrate that all infrastructure requirements have been adequately addressed. The City of West Melbourne requires that all outside agency permits and requirements be addressed prior to approval of the final plat. The developer has obtained the necessary permits and sign off approvals with outside agencies which include: St. Johns River Water Management District (SJRWMD) for stormwater; Florida Department of Environmental Protection (FDEP) for water, stormwater (National Pollutant Discharge Elimination System) and sewage Permits; Melbourne-Tillman Water Control District stormwater permits; and City of West Melbourne for water and sewer concurrency Conclusion: The proposed Sawgrass Lakes subdivision is large (over 500 acres) and will take many years to construct. To address the public infrastructure needs and the impact on roads, water, sewer, schools, a development agreement has been created as well as a resolution with a list of the approving conditions. The review of this project has been ongoing and will continue with various local and State agencies. The developer has been receptive to working with adjacent property owners and the buffers in the subdivision will provide the necessary distance to existing surrounding residential development. Recommended Motion: Recommend adoption to City Council of the Sawgrass Lakes preliminary plat upon approval of the list of conditions and the development agreement Attachments 1) Sawgrass Lakes preliminary subdivision plat 2) Sawgrass Lakes preliminary overall subdivision plan 3) Resolution containing the list of conditions for approval of the preliminary plat

26 Staff Report Sawgrass Lakes Preliminary Plat (PP ) Page 8 Preliminary Plat

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