history of growth & development - revize...gemini/ellwood crossover 2.04 tradewinds park 0.20...

City of Satellite BeachHistory of Growth & Development

Presented: July 24, 2018

Introduction

• Why are we here?

– To address resident questions and comments about new developments

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History Meets Public Perception

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• Example of a recent Facebook comment:

Introduction

• What will we discuss?

– History of Development in the City

– Beach/Land Acquisition

– Current Developments – Oceana (Old Ramada) and Pelican Coast

– Information on City Growth

– Overview of property rights and the role of City government

– Relationship between reductions in density and tax rates

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Percy Hedgecock, one of the “Founding Fathers” of our City was known to say:

“Put a ball in a kid’s hand

and take the brick out.”

He believed that active youth would not get into trouble, and he helped to instill this legacy of

the value of recreation in our community.

Our History of Preserving Places for Public Purposes – City Facilities & Parks


• City incorporated August 3, 1957

• Founding members of the community donated land for public purposes:

– First Civic Center – built on lot donated in 1957 by Louis Olson (major land owner in City)

– First Ball Field (Olson Field by Police Dept) - built on land donated in 1958 by Louis Olson and Percy Hedgecock (major City developer and Mayor)

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Our History of Preserving Places for Public Purposes - Schools

• Holland/DeLaura/Satellite High campus (75 acres) – at Mayor Hedgecock’s request, Sam Fuchs, a developer residing in North Carolina, sold (at a loss) land he owned for schools in 1960.

• Surfside Elementary (12 acres) – Mayor Hedgecock sold at a loss in 1960 to have this school built before one planned for Indian Harbour Beach

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• First Library - now City Hall, Civic Center, and Hedgecock Brothers Field complex (5 acres) –Hedgecock negotiated in 1965 to purchase the land for $25K instead of $150K from Marty McGuire (major land owner/developer in IHB)

Our History of Preserving Places for Public Purposes – Samsons Island

• Samsons Island (62 acres) – 30 acres donated in 1968 by Sam Fuchs, stipulated for recreational purposes; City purchased remaining 32 acres for $115,200 from Herbert Blate in 1969 (estimated to be sold for only 40% of assessed value)

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• Pelican Beach Park (6.7 acres) – at City request, sold to Brevard County by Sam Fuchs in 1971; County transferred title to the City in 2012

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• DeSoto Park (15 acres) – purchased in 1975from School Board for “about $64K” (per then-Mayor Pat Utecht)

• Fire Station (0.82 acres) – purchased by Volunteer Fire Department for $45K and donated to City in 1977

Our History of Preserving Places for Public Purposes

• Sports and Recreation Park(40 acres) – In 1996 Brevard County agreed to sell the land to the City for $100 after re-locating the Sewer Plant, title transferred in 2016.

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Our History of Preserving Places for Public Purposes – Beach Access

• City leaders and members of the community have worked to preserve public access to the oceanfront.

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• As a result, the City has 11 public crossovers (outside of Pelican and Hightower Beach Parks)• Most current example: new beach access

between Oceana and Lung RX


• Theme from City Surveys

– 1979:

• 86% supported reducing beach erosion and loss of dunes

• 65% supported further development of Pelican Beach Park

– 1985: 77% desired additional acquisition of beachfront and recreation land

– 2000: beach/shoreline most prevalent response

– 2011: 84% supported the City’s past acquisition of oceanfront to limit development along shoreline (most recent survey)

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• 1981 Referendum Attempt

– “For the purpose of acquiring, improving and maintaining beachfront real property within the City”

– Would have assessed $30 per parcel per year for 10 years (5641 parcels today= $169,230 per year)

– Passed 62% (Yes) to 38% (No)

– State constitutional officers would not implement the assessment and enter into an agreement with the City, as they felt it did not comply with state law.

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• Preservation 2000 Initiative

– Grant applications submitted 1998-2000 to purchase every vacant oceanfront parcel

– Resulted in conservation of 17.1 acres• Hightower Beach (15.3 acres), 1999; grants

covered most of $3.8M cost (City paid < $7K)

• Pelican Beach (1.8 acres), 2001; total cost $625K, City paid > $100K

– Strong community support included a $100K contribution by the Satellite Beach Woman’s Club and “Save the Beach” license plates

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• Crotty Park (0.71 acre)

– Developer planned a 6-story condo.

• The public wanted to save a view of the ocean from A1A.

– Community Redevelopment Agency funded $2.25M purchase in 2005.

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Satellite Beach Acres Indian Harbour Beach Acres Indialantic Acres

Samsons Island 52.00 Gleason Park/Rec 26.99 Nance Park 5.42

Satellite Beach Sports & Recreation Park 40.36 Algonquin Sports Park 25.00 Wavecrest Park 3.48

DeSoto Park Complex 14.81 Oars and Paddles 4.77 Orlando Park 2.62

Hightower-1 ADA Crossover/Boardwalk 17.11 Millennium Park 1.84 Sunrise Park 2.33

Pelican Beach - 1 ADA & 3 Crossovers 6.36 Bicentennial Beach 1.30 Douglas Park 1.13

Hedgecock Field 1.78 Total Acres 59.90 Riverside Park 0.80

DRS Community Center 3.86 Lily Park 0.40

PAFB Field/Shearwater 2.39 Sunset Park 0.37

Olson Field, Playground 1.35 Sea Park (Tampa/S Miramar Ave) 0.26

Gemini/Ellwood Crossover 2.04 Tradewinds Park 0.20

Grabosky - School 1.70 Indian River Park (Orlando Blvd) 0.17

Sunrise Crossover/Crotty Park 1.51 Dewey Park (Ocean Ter) 0.05

Shell St/Volunteer Way - 2 Crossovers 0.50 Miramar Park/Gus Carey Park 0.02

Pelican Beach Clubhouse 0.34 Total Acres 17.24

Cinnamon Park Playground 0.24

Temple/Ellwood Park 0.24

Grant Crossover 0.24

Cassia Crossover 0.24

Magellan Crossover 0.10

Scorpion Court Crossover 0.10

DeSoto Crossover 0.09

Norwood Crossover 0.05

Park Ave Crossover 0.02

Total Acres 147.43

Through the years, the Satellite Beach community has

prioritized the preservation of land for the future residents

of the City. This has included preservation of 40% of the

City's oceanfront to prevent development. Satellite Beach

has over 147 acres dedicated to public recreation

purposes, compared with neighbors Indian Harbour Beach

(59.9 acres) and Indialantic (17.24 acres). All these

properties are off the tax rolls and require ongoing

maintenance.

From Ramada Inn to Oceana Condos

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• The Ramada Inn (across from Publix on A1A) had 108 units. Additional building with 45 rooms was permitted with original plans.

• In 1985, the Board of Adjustment granted height variances for the building (69 feet) and the elevator shaft (85 feet) and the Ramada was built in 1986.

In 2004, hurricanes destroyed

the Ramada Inn.


• In 2005 a developer purchased the storm-damaged Ramada Inn with an initial plan to renovate the hotel, which then changed to building a new condominium complex.

• Developer also owned 1.9 vacant oceanfront acres (Gemini) at the end of Ellwood. This property had approved site plans for a 24-unit condominium.

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• Twenty-three (23) public meetings in 2005 and 2006 led to:

– Increased height and density at Oceana in exchange for the City obtaining title to the 1.9 acre Gemini property to prevent development on that site.

– Conditions of development included a new beach access for City residents (between Oceana and the Lung Rx property) and $50K to the City for A1A streetscaping.

– Conditions of development included a new beach access for City residents (between Oceana and the Lung Rx property) and $50K to the City for A1A streetscaping.

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• The Ramada Inn had 108 units with a transient population.

• At full build-out, Oceana will have 108 units.

• Estimated impact fees to be paid to Brevard County and City of Melbourne (water):

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Oceana - Brevard County Impact Fees

Transportation:* N/A

Fire/Rescue: N/A

Emergency Med. Services: $ 1,328.40

Correctional: $ 2,474.28

Library Services: $ 6,003.72

Solid Waste: $ 6,362.92

Schools: $ 209,574.00

Sewer: $ 63,647.40

Total County Impact Fees: $ 225,743.32

Melbourne Water: $ 28,657.70

Total All Impact Fees: $ 543,791.74

*Transportation impact fees are charged by the County, and would historically be available for City use; however, the County continues to place a moratorium on these impact fees.


• Based on community feedback through this process, City Council placed a referendum on the ballot in November 2006 as follows:

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The Results: 66% Yes / 33% No

Pelican Coast

• Former Patrick Air Force Base South Housing

– Built in 1957

– 999 living units

– Cocoa water

– Cocoa Beach sanitary sewer

– No stormwater treatment

– By 1990s housing was substandard and badly deteriorated

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Pelican Coast

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December 2003Pelican Coast /

Original South Housing

Pelican Coast

• 1998 PAFB issued a Notice to Privatize South Housing

– As a part of a federal installation, it was not within either County or City jurisdiction.

– PAFB was interested in Satellite Beach annexation to access City services.

– The City was agreeable to waiving permit fees, providing an on-site inspector to expedite construction, and to providing city services.

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Pelican Coast

– The City was interested in the tax base this area would provide as well as the ability to control development.

– City Council placed a referendum on the ballot in 1999 asking residents if the annexation of South Housing should occur.

• The Result: 77% Yes / 23% No

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Pelican Coast

– After the referendum direction, the City approved a Planned Unit Development (PUD) for the PAFB South Housing area in August 2000. The annexation was effective on October 1, 2003. ALL NOTICES WERE COMPLETED.

– The PUD provided for all property north of Shearwater to be developed as private housing, and all south of Shearwater was retained by Patrick Family Housing and remained dedicated for military housing.

– From 2000 to 2004 at least fifteen (15) public meetings were held on this development.

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Pelican Coast

• Annexation benefits

– New homes meet current codes

– Water connection to Melbourne

– Master stormwater management plan

– Increases City’s tax base with non-military housing areas

• If in County, the City would have provided fire/EMS services as part of automatic aid agreement without reimbursement

• About 35% of site still to be redeveloped

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Pelican Coast – Approved Concept Plan

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Pelican Coast

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December 2003Pelican Coast /

Original South Housing

Status of Development for the PUD

• Montecito townhomes are being finished currently.

• The Pelican Coast privatized military housing is approximately 1/3 built out.

• The remaining area south of Shearwater Parkway is slated for more military housing and is in an agreement for the next 30 years.

• The 27 acres north of Shearwater Parkway is planning for single-family homes, three condo buildings, and a hotel. No plans have been formally submitted as of today.

Pelican Coast

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Current Aerial -Montecito

New Housing Approved by Year

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Year

City of

Satellite

Beach

South

Patrick

Shores

Patrick

Air Force

Base TOTAL

1970 6,558 10,313 3,235 20,106

1980 9,163 9,816 2,843 21,822

1990 9,889 10,249 N/A 20,138

2000 9,577 8,913 2,137 20,627

2001 9,710

2002 9,741

2003 9,738

2004 9,829

2005 9,811

2006 9,811

2007 9,811

2008 9,577

2009 9,577

2010 10,109 5,875 1,222 17,206

2011 10,166

2012 10,315

2013 10,322

2014 10,290

2015 10,403

2016 10,485 6,398 1,457 18,340

2017 10,504

Population History

Information on City Growth

• Handout -Distribution of Allowable Density Map

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Information on CityGrowth

• Handout -Distribution of Allowable Height Map

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Process for Land Use & Development Approval• Local Government adopts the Comprehensive

Plan (required by the Community Planning Act, Chapter 163, F.S.)

• Local Government creates Land Development Regulations (Zoning)

• Local Government applies the Land Use Designation and Zoning to properties (new zoning district or a rezoning)

• Approves any needed special permits: conditional use permit, variance, concept plan, etc.

• Local Government Approves Plat or Site Plan• Local Government Issues Building Permits

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Understanding Concurrency

• Public Facilities MUST be available at the time of development: Ch. 163.3180, F.S.

– Mandated by Florida law

– Local government must have enough infrastructure capacity to serve each proposed development. • Stormwater (Satellite Beach)

• Parks (Satellite Beach)

• Water (Melbourne)

• Solid waste (Brevard County)

• Sanitary sewer (Brevard County)

• Mass transit (Brevard County)

Cocoa Beach Sewer Plant

• On average the treatment plant (6 MGD design) has the additional treatment capacity of 1.8 – 2.0 million gallons per day. Based on an ERU of 275 gallons/day that would translate to 6500 – 7300 ERUs. Obviously, those numbers would be in a perfect world with no infiltration etc. I hope this helps and let me know if you need any information.

Brevard County South Beaches Sewer Plant

• The wastewater treatment plant that services Satellite Beach is an 8 million gallon a day plant. Currently we have 551,000 gallons of capacity available or 2,755 Equivalent Residential Connections. If anyone has more questions, feel free to refer them to us.

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Property Rights & Development

• Property rights

– Fifth Amendment to the US Constitution

– Bill of Rights

– “No person shall be…, deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

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Property Rights & Tax Rates

• Property rights

– Bert J. Harris, Jr. Private Property Rights Protection Act of 1995 • Unique to Florida

• Created a new cause of action for an aggrieved property owner who demonstrates that governmental action “inordinately burdens” his property

• Based on “reasonable, investment-backed expectations” for use of the property

• If government loses, it pays:– For lost property value

– Plaintiff’s legal costs

Wickham Park, LLC v. City of Melbourne, Fla 2009

• ….However, since the case of The Board of County Commissioners of Brevard County v. Snyder… (Fla.1993), when they sit as a zoning board, they are sitting as a quasi-judicial body. That is, they are judges. They are bound to follow the rule of law as opposed to the will of people. They are wearing a different hat when they are legislators representing their constituents. They have an obligation under the law to listen to the evidence, to be fair and impartial, and render a decision on the facts as they find them and apply those facts to the law.

Colonial Apartments, L.P., v. City of Deland (Fla 1991)

• ….Owners are entitled to fair play; the lands which may represent their life fortunes should not be subjected to ad hoc legislation. Density is one of the most important elements in the marketplace today in determining land value. When a law establishes a specific allowable density, its clear terms cannot be varied by forced interpretation of intent. Such an ordinance should be interpreted in accordance with its plain meaning.

Effie, Inc v. City of Ocala, Fla 1993

• ….We emphasize that this is not a case where rezoning of the property is sought. Here, the City has already determined that the land is suitable for the use requested b zoning it in a manner which permits that use. If any additional requirements are to be imposed, the owner or purchaser of property so zoned has a right to know what the requirements are that he must comply with in order to implement the permitted use; these requirements must be of uniform application, and once the requirements are met, the governing body may not refuse the application.

Process for Land Use & Development Approval• Local Government adopts the Comprehensive

Plan (required by the Community Planning Act, Chapter 163, F.S.)

• Local Government creates Land Development Regulations (Zoning)

• Local Government applies the Land Use Designation and Zoning to properties (new zoning district or a rezoning)

• Approves any needed special permits: conditional use permit, variance, concept plan, etc.

• Local Government Approves Plat or Site Plan• Local Government Issues Building Permits

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Current Commercial Development

1.8 Acres or 78,403 sq ft

Stormwater is 15,000 sqft or 19% of the site

Asphalt is 37% of the site

Building is 15% of the site

Commercial Redevelopment Issue

Site is 0.48 Acres or 20,908 sq ft

Building is 7,815 or 37% of the site

No compliance with current building setbacks

No compliance with landscaping or stormwater

Desoto & SR A1A

• Purchased in 2006 at the height of the market for $1.5M

• Numerous residents requested that the City purchase this property to control the development.

• The City retained the property for many years due to no interested buyers and low market value.

• Use affects value. A gas station use yields a higher property sale value than a restaurant.

Be Careful of Social Media Speculation

• Speculation by people that refuse to do public records requests to get correct information.

• We are always available to provide records and answer your questions.

• Understand that the devil is in the details. There are always parts to an issue or government decision that a meme or Facebook post does not detail.

• Be careful of broad statements that are not facts.

Any Questions?

Thank you!

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history of growth & development - revize...gemini/ellwood crossover 2.04 tradewinds park 0.20...

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