REPORT OF THE COMMUNITY REDEVELOPMENT AGENCY ITEM 10
SEPTEMBER 24, 2007
3.: SUBJECT: MODIFICATIONS TO THE DEVELOPMENT AGREEMENT BETWEEN THE COMMMUNITY REDEVELOPMENT AGENCY AND HAWKSHAW EASTSIDE, INC. FOR THE DEVELOPMENT OF A MIXED-USE PROJECT AT NINTH AVENUE AND EAST ROMANA STREET Reference Material: Committee Memorandumdated September 24, 2007 Recommendation: That the Community Redevelopment Agency (CRA) review the development concepts and transaction terms for the modification to the development agreement between the CRA and Hawkshaw Eastside, Inc. for the development of a mixed use project at Ninth Avenue and East Romana Street and if acceptable extend the time for a revised development agreement to be negotiated and approved by the CRA no late than October 26, 2007. The motion passed 6 - 3 with Cannada-Wynn, Donovanand Nobles dissenting. -------------------------------------------------------------------------------------------------------------------------------- COMMITTEE MEMORANDUM ITEM II 3 COMMITTEE: FROM: DATE: SUBJECT: Community Redevelopment Agency Thomas J. Bonfield, City Manager O P September 24, 2007 Modifications to the Development Agreement Between the Community Redevelopment Agency and Hawkshaw Eastside, Inc. for the Development of a Mixed-Use Project at Ninth Avenue and East Romana Street RECOMMENDATION: That the Community Redevelopment Agency (CRA) review the development concepts and transaction terms for the modifications to the development agreement between the CRA and Hawkshaw Eastside, Inc. for the development of a mixed- use project at Ninth Avenue and East Romana Street and if acceptable extend the time for a revised development agreement to be negotiated and approved by the CRA no later than October 26, 2007. SUMMARY: On March 25, 2007, the CRA approved a development agreement with Hawkshaw Eastside, Inc. for the development and disposition of 1.8 acre site at Ninth Avenue and Romana Street. The agreement contemplated a closing date no later than November 1, 2007. On June 1, 2007, the Developer proposed a change in ownership for the project and a series of development modifications. On June 11 , 2007, the CRA approved the change of ownership interest adding Moulton Properties, Inc. to Hawkshaw Eastside, Inc., granted an extension of time on the approved agreement, and directed the City Manager to attempt to evaluate and negotiate the proposed development modifications before July 23, 2007. On July 23, 2007, the CRA extended the deadline for completing negotiations to September 24, 2007. Q O f, l r e n m c o a "Hawkshaw" Development Comparisons Component Approved Proposed Comments Total Residential Units 96 30 36 months completion Workforce Housing Units (In total) 24 30 18 month vs 24 month completion (af sold) Residential Lots 0 10 No completion commitment (lots for sale) Mixed Use Commercial 15, 000 sq. ft. 28, 200 sq. ft. 36 month vs 36 month completion Purchase Price (Project Site) $1.4 million $1.4 million Variances Required 1 7 Street Vacations Partial (Colfax) Complete (Colfax) Partial (10th Avenue) Stormwater On Site Admiral Mason Park Capacity and feasibility unconfirmed Property Compensation (Admiral Mason) N/A Unconfirmed Stormwater Construction Cost (Developer) 100% Pro-rata by volume Phased Construction Additional Agreements Required 0 2 Stormwater Construct/Maintenance Item #5 COMMITTEE MEMORANDUM COMMITTEE: Community Redevelopment Agency FROM: Thomas J. Bonfield, City Manager Q11 DATE: July 23, 2007 SUBJECT: Revised Recommendation for Proposed Modifications to the Development Agreement between the Community Redevelopment Agency and Hawkshaw Eastside, Inc., for the Development of a Mixed- Use Project at Ninth Avenue & East Romana Street Based on additional input from the City Attorney, the recommendation is revised as follows to include additional applicable performance deadlines: That the Community Redevelopment Agency authorize the City Manager to re- enter into negotiations with Hawkshaw Eastside, Inc., for the purpose of preparing an amended and restated Development Agreement and revised Site Plan for the Mixed-Use Project at Ninth Avenue & East Romana Street for consideration by the CRA on or before September 24, 2007, and further, if a revised development agreement executed by the developer is not presented to the CRA by that date, or if a revised development agreement is not fully executed by the parties by September 24, 2007, then Preliminary Plans and Specifications for the development under the existing development agreement shall be extended to no later than October 1, 2007. Unless a revised development agreement provides otherwise, the Closing Date provided for in the original development agreement shall not be deemed to be extended by this action. Item #5 COMMITTEE MEMORANDUM COMMITTEE: FROM: DATE: SUBJECT: Community Redevelopment Agency Thomas J. Bonfield, City Manager July 23, 2007 Proposed Modifications to the Development Agreement between the Community Redevelopment Agency and Hawkshaw Eastside, Inc., for the Development of a Mixed-Use Project at Ninth Avenue & East Romans Street RECOMMENDATION: That the Community Redevelopment Agency authorize the City Manager to re-enter into negotiations with Hawkshaw Eastside, Inc., for the purpose of preparing an amended and restated Development Agreement and revised Site Plan for the Mixed-Use Project at Ninth Avenue & East Romans Street for consideration by the CRA on or before September 24, 2007, and further, to extend impending deadlines contained in the Development Agreement until that date. SUMMARY: On March 5, 2007, the Community Redevelopment Agency (CRA) authorized the City Manager to execute the Development Agreement between the Community Redevelopment Agency and Hawkshaw Eastside, Inc., for the development and disposition of the approximately 1.8 acre redevelopment site at Ninth Avenue and East Romana Street identified in Request for Proposal No. 06-039 issued March 12, 2006. As required in the Development Agreement, the Developer has paid a $140, 000 deposit to the CRA. Other requirements as described in the Development Agreement are due prior to the Closing Date of August 1, 2007. In certain circumstances, the Closing Date may be as late as November 1, 2007. On June 1, 2007, the City Manager received a letter from the Developer proposing several modifications to the project, summarized as follows: P en7c 1 a Community Redevelopment Agency Proposed Modifications to Development Agreement July 23, 2007 Page 2
That the CRA approve the purchase by Moulton
Properties of 50% of the capital stock of Hawkshaw Eastside, Inc.
That the CRA approve modifications to the Site Plan
contained in the Hawkshaw Eastside Proposal, including increasing the number of Workforce Housing Units from 24 to 30 and re-orienting the units to the west
That the City vacate the remainder of Colfax Street
That specific variances to Land Development Code
requirements be granted
That the feasibility of a "lake" or stormwater facility be
explored at Admiral Mason Park And that an extension of the time be allowed for the preparation of revised Plans and Specifications reflecting the above modifications The Developer indicated in his letter that the proposed storm water solution will support the development of 27 acres, which would include the approximately 2 acre RFP site as well as additional nearby properties as a series of appropriately urban and walkable projects. Additionally, the Developer stated that the partial change in ownership will allow for a joint venture between Hawkshaw Eastside, Inc. and Moulton Properties. Moulton Properties controls a substantial area of land to the north of the project site. On June 11, 2007, the Community Redevelopment Agency approved the addition of ownership interest of Moulton Properties to Hawkshaw Eastside, Inc in the Mixed-Use Project at Ninth Avenue & East Romana Street and authorized the City Manager to prepare an analysis of proposed modifications to the Development Agreement and Site Plan for consideration by the CRA on or before July 23, 2007 and further, also granted an extension of impending deadlines contained in the Development Agreement until that date. Staff has evaluated the proposed modifications to the project and has prepared several memoranda and a presentation to assist the CRA in considering the Developer's request. In general, the modifications appear to represent additional benefit to the CRA and it appears that re-entering negotiations with the Developer for up to 60 days will allow for the preparation of an amended and Community Redevelopment Agency Proposed Modifications to Development Agreement July 23, 2007 Page 3 restated Development Agreement and revised Site Plan for this Mixed-Use Project. PRIORACTION: August 31, 2006: CRA authorized the City Manager to enter into exclusive negotiations with Hawkshaw Eastside Inc., for a period of up to 60 days commencing September 2006, in order to define the terms for the sale and development of the CRA property at Ninth Avenue and East Romana Street. November 6, 2006: CRA concurred with the Term Sheet for the sale and development of the CRA property at Ninth Avenue and East Romana Street and authorized the City Attorney to finalize a development agreement in accordance with the term sheet for final approval by the CRA. January 22, 2007: CRA extended the due diligence period by 14 days to February 5, 2007. CURRENT ACTION: February 5, 2007: CRA referred the Development Agreement back to staff for an analysis of any significant changes that may have occurred between Hawkshaw Eastside's original response to the RFP and the current Development Agreement. March 5, 2007: CRA authorized the City Manager to execute the Development Agreement between the Community Redevelopment Agency and Hawkshaw Eastside, Inc., for the development and disposition of the approximately 1.8 acre redevelopment site at Ninth Avenue and East Romana Street. March 14, 2007: Development Agreement executed and Memorandum of Development Agreement recorded in Public Records. June 11, 2007: CRA approved the addition of ownership interest of Moulton Properties to Hawkshaw Eastside, Inc in the Mixed- Use Project at Ninth Avenue & East Romana Street and further, authorized the City Manager to prepare an analysis of proposed modifications to the Development Agreement and Site Plan for consideration by the CRA on or before July 23, 2007 FUNDING: None required. Community Redevelopment Agency Proposed Modifications to Development Agreement July 23, 2007 Page 4 ATTACHMENTS: (1) Staff Report (2) June 11, 2007, Letter from Developer (3) July 10, 2007, Memo from Fabre Engineering regarding Storm Water Concept (4) July 13, 2007, Memo from UDA regarding Historic District Master Plan Design Review (5) July 12, 2007 Memo from City Engineer regarding Storm water Concept (6) July 12, 2007 Memo from Planning Services Administrator regarding Proposed Closure of Colfax Street (7) July 12, 2007, Memo from Planning Services Administrator regarding Proposed Variance Requests (8) July 12, 2007, Memo from Neighborhood and Economic Development Coordinator regarding Public Input on Proposed Use of ADM Mason Park STAFF CONTACTS: Kevin A. Cowper, Community Development Director; David Bailey, CRA Director; John Fleming, City Attorney. PRESENTATION: Yes. MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Thomas J. Bonfield, City Manager Kevin A. Cowper, Community Development Director David Bailey, CRA Director July 23, 2007 Proposed Modifications to the Development Agreement between the Community Redevelopment Agency and Hawkshaw Eastside, Inc., for the Development of a Mixed-Use Project at Ninth Avenue & East Romana Street RECOMMENDATION: That the Community Redevelopment Agency authorize the City Manager to re-enter into negotiations with Hawkshaw Eastside , Inc., for the purpose of preparing an amended and restated Development Agreement and revised Site Plan for the Mixed-Use Project at Ninth Avenue & East Romana Street for consideration by the CRA on or before September 24, 2007, and further, to extend impending deadlines contained in the Development Agreement until that date. BACKGROUND: On January 23, 2006, the Community Redevelopment Agency (CRA) declared the 1.8 acre of CRA-owned property located on the east side of Stn Avenue between the intersection of Romana Street and Colfax Street surplus property and authorized the City Manager to issue a Request for Proposals (RFP) for disposition. A request for proposals was subsequently issued and five (5) responses were received by the June 2006 deadline. After evaluating the five proposals during two workshops held in July and August 2006, the CRA authorized the City Manager to enter into exclusive negotiations with Hawkshaw Eastside Inc., for a period of up to 60 days commencing September 1, 2006, in order to define the terms for the sale and development of the property. On January 22, 2007, the CRA extended the due diligence period by 14 days to February 5, 2007. On February 5, the CRA referred the Development Agreement back to staff for an analysis of any significant changes that may have occurred between Hawkshaw Eastside' s original response to the RFP and the current Development Agreement. On March 5, 2007, the Community Redevelopment Agency (CRA) authorized the City Manager to execute the Development Agreement between the Community Redevelopment Agency and Hawkshaw Eastside, Inc., for the development and disposition ofthe approximately 1.8 acre redevelopment site at Ninth Avenue and East Romana Street identified in Request for Thomas J. Bonfield, City Manager Proposed Modifications to Development Agreement July 23, 2007 Page 2 Proposal No. 06-039 issued March 12, 2006. As required in the Development Agreement, the Developer has paid a $140, 000 deposit to the CRA. Other requirements as described in the Development Agreement are due prior to the Closing Date of August 1, 2007. In certain circumstances, the Closing Date may be as late as November 1, 2007. On March 14, 2007, the Development Agreement was executed by the parties and a Memorandum of Development Agreement was recorded in the Public Records of Escambia County, Florida. On June 1, 2007, the City Manager received a letter from the Developer proposing several modifications to the project, summarized as follows: That the CRA approve the purchase by Moulton Properties of 50%of the capital stock of Hawkshaw Eastside, Inc. That the CRA approve modifications to the Site Plan contained in the Hawkshaw Eastside Proposal, including increasing the number of Workforce Housing Units from 24 to 30 and re-orienting the units to the west That the City vacate the remainder of Colfax Street That specific variances to Land Development Code requirements be granted That the feasibility of a "lake" or stormwater facility be explored at Admiral Mason Park And that an extension of the time be allowed for the preparation of revised Plans and Specifications reflecting the above modifications The Developer indicated in his letter that the proposed storm water solution will support the development of 27 acres, which would include the approximately 2 acre RFP site as well as additional nearby properties as a series of appropriately urban and walkable projects. Additionally, the Developer stated that the partial change in ownership will allow for a joint venture between Hawkshaw Eastside, Inc. and Moulton Properties. Moulton Properties controls a substantial area of land to the north of the project site. On June 11, 2007, the Community Redevelopment Agency approved the addition of ownership interest of Moulton Properties to Hawkshaw Eastside, Inc in the Mixed-Use Project at Ninth Avenue & East Romana Street and authorized the City Manager to prepare an analysis of proposed modifications to the Development Agreement and Site Plan for consideration by the CRA on or before July 23, 2007 and further, also granted an extension of impending deadlines contained in the Development Agreement until that date. The June 12, 2007, deadline contained in the Development Agreement for the Developer to submit Preliminary Plans and Specifications for review and approval by the CRA was extended by prior action of the CRA. Thomas J. Bonfield, City Manager Proposed Modifications to Development Agreement July 23, 2007 Page 3 Staff has evaluated the proposed modifications to the project and has prepared several memoranda and a presentation to assist the CRA in considering the Developer's request. As directed by the CRA, staff has also solicited additional input from stakeholders and the public regarding the interest in the conversion of Admiral Mason Park from an open field to a dual- function lake supporting both recreational use as well as storm water treatment. In general, the modifications to the Hawkshaw Eastside proposal appear to represent additional benefit to the CRA and it appears that re-entering negotiations with the Developer for up to 60 days will allow for the preparation of an amended and restated Development Agreement and revised Site Plan for this Mixed-Use Project. FINANCIAL IMPACT The sale of the property will generate $1.4 million. Development of the property will generate ad-valorem tax revenue and other forms of revenue to the CRA and City. Further analysis of the proposed modifications relating to stormwater improvements at Admiral Mason Park is necessary to determine other potential financial impacts. HAWKSHAW EASTSIDE, INC. 730 BAYFRONT PARKWAY SUITE 4 B PENSACOLA, FL 32502 June 1, 2007 Mr. Tom Bonfield City Manager City of Pensacola City Hall P.O. Box 12910 Pensacola, FL 32521 Re: Request for Certain Modifications to the Ownership and Site Plan of Hawkshaw Eastside, Inc. as per our Agreement with the Community Redevelopment Agency Dear Tom, As you know, we have reached two development milestones under our agreement with the Community Redevelopment Agency and the City, i.e. - Payment of the Binder of $140, 000.00; and - The City's Vacation of the Partial Rights of Way of Colfax and 10t '' Avenue. As we proceed to develop final plans for the Community Redevelopment Agency's approval for "work force" housing and the mixed use development, storm water retention has become more pragmatic based on the small size of the subject site. In an effort to solve that problem the principals of Hawkshaw Eastside, Inc. have agreed to include in the ownership and as principals of Hawkshaw Eastside, Inc., Jim and Bob Moulton (the principals of the adjoining landowner to the North of the subject site). Under our agreement with the Community Redevelopment Agency this partial change in the ownership of the Developer is subject to the approval of the C. R. A. In that regard, we ask that C. R. A. approve the addition of the Moultons as 50% owners of the capital stock of Hawkshaw Eastside, Inc. If that change in partial ownership is approved that would bring into play the possibility of a joint venture with the remaining "Moulton's owned" property to the North to expand the location of the "24 unit "work force" housing building slightly to the North and to expand the building size to 30 units of "work force" housing (as defined in our existing agreement) plus expand on the opportunity to explore and create a more regional and comprehensive storm water retention plan that would serve the needs of Community Redevelopment Agency property, the Moulton property to the North and excess needs of developable property South and West of Gregory Street and 9`h Avenue. Te l : 850.438.561 8 Fa x: 850.434.3690 HAWKSHAW EASTSIDE, INC. 730 BAYFRONT PARKWAY SUITE 4 B PENSACOL4, FL 32502 This would be accomplished by a phased approach to the creation of a scenic lake on a portion of Admiral Mason Park. The beautification and use of this proposed lake would be similar to "Lake Ella" in Tallahassee, Florida. The lake feature will provide substantial recreational benefits to the public in general, including scenic walkways, picnic areas, and enhanced viewing of the veteran' s monuments. The lake would be designed to drain 27 acres of developed land yet the Hawkshaw Community Redevelopment Agency development and the Moulton Joint Venture property consists of only nine acres leaving 18 acres open to development in the future. Finally, we request that the Community Redevelopment Agency and the City of Pensacola approve moving the originally conceived "work force" housing building from an East/West orientation to a North/South orientation. The reorientation and additional property brought to the development by Moulton Properties allows the development to increase the number of "work force" housing units from 24 to 30 units - a 25% increase in the number of those units as defined in the existing agreement. The reorientation and relocation of the "work force" housing would remain within the bounds of the CRA property and adjacent Moulton Property, i.e_, the area bounded by Salamanaca to Romana, and between 9th and 10th Avenues. We represent to you that Hawkshaw Eastside, Inc. would "control" the "work force" housing sites even though part is owned by the City (Colfax) and part is owned by Moulton Properties. Furthermore, Moulton Properties will execute an agreement with the CRA such that it will oversee the sales of any "work force" housing units located on its property. As a consequence of the forgoing the Joint Venture between Hawkshaw and the Moultons, (as adjoining land owners) would develop that entire adjoining site thus creating jobs in addition to the "work force" housing. This would create at least three times the amount oftaxes (income) the Community Redevelopment would realize over Hawkshaw Eastside only. At this point we ask the following for the City's and C. R. A.'s approval: (a) Approval of the purchase by the Moultons of 50% of the capital stock of Hawkshaw Eastside, Inc. (b) Approval the Amended Conceptual Site Plan attached hereto, including the relocation and re-orientation of the "work force" housing building from a 24 unit building with "East/West" orientation to a "North/South" orientation and adding six additional units of "work force" housing to the project(see attached architectural drawing) Te l : 850.438.561 8 Fa x: 850.434.3690 HAWKSHAW EASTSIDE, INC. 730 BAYFRONT PARKWAY SUITE 4 B PENSACOLA, FL 32502 (c) Complete the vacation of the final portion of Colfax Street (only) in order to facilitate the North/South orientation of the 30 unit "work force" housing units and the additional related development on the Moulton property; and approve the additional variance requests listed in the attached Land Use Ordinance---Variance Requests (d) Explore with the City's Engineer, and other staff, the feasibility of having a portion of Admiral Mason Park service the Hawkshaw/Moulton joint venture development as well as unrelated property including the investigation of the costs that the Developer would pay and the time frame for doing so. (e) Extend the time for the developer to submit its preliminary plans and specs to a reasonable date after completion of the feasibility study on. creation of a lake at Admiral Mason Park. We would appreciate your advice and input. Cc: Kevin Cowper "David Bailey Scott Remington, Esq. Jim Moulton Mary Moulton .epresenting the Developer James jC Reeves Bill Whitesell Jim Cronley Paul Snider John Fleming, Esq. Te l : 850.438.561 8 Fa x: 850.434.3690 PHASE I Co n c e ptua l Site P l a n Sm a l l busin e ss De ve l o pm e n t On e sto r y r e side n tia l str uc tur e 68 to ta l o n gr a de pa r kin g spa c e s 68 to fia l o n gr a de pa r kin g spa c e s Fir st Fl o o r 1 3,200 SFMixe d-use Se c o n d Fio o r - 1 5Wo r kfo r c e ho usin g fl a ts Fir st Fl o o r - 1 5,0005F Mixe d-use Se c o n d Fl o o r - 1 5Wo r kfo r c e housing flats City RFP Ar e a 1 0 Br o wn sto n e Re side n tia l l o ts P ha se I o f the Ve fe r n s La ke a t Ha wksha w Co n c e ptua l Site P l a n 50, 200 square foot Mixed-use Buildings 41 ,900 square foot m ixe d-use Buildings 5 Le ve l Co ve r e d P a r kin g De c k 340 pa r kin g spa c e s 3 76,000 squa r e fo o t Ha wksha w Offic e To we r City RFP Ar e a HAWJ (S HAW ^vay e I N, iirnl J+hb1AAV a::GrlaChu^C06ti76a _ ^i R .. x.. ^ pi ^^ 1 1 m ) 4 u7 ^ ^ ^) r `^^^______ nc~^_____ ' !.c ' / 3 ^. ia u7 Eta ` w_ .^ I - 9 1 f . ; 4 1 ^ r .; ^sy f D. La n d Use Or din a n c e -Va r ia n c e Re que sts 1. Setbacks 12-2-12 (A)(4)(c): Requires setbacks of 5 ar 10 feet from right-of-way. Variance needed on setback requirements based on urban character of design. Requires 75%maximum lot coverage. 2. Lot Coverage 12-2-12 (A)(4)(i): Variance required to exceed 75% lot coverage based on urban character of design. 4 . Street Frontage 12-2-12 {A)(4)(d): Street frontage of 50 feet minimum required for individual lots . Require variance to have street frontages less than 50 feet if needed (e. g. at brownstones). 5. Building Height 1 2-2-1 2 (A)(4)(e ): Lim its buil din g he ight to 1 00 fe e t. Va r ia n c e required to e xc e e d 1 00 feet if needed. 6. Driveway Separation 12-2-12 (A)(4){f): Requires minimum driveway separations. Variance required to allow reduction of driveway spacing (e.g. at brownstones). 7. Landscaping Coverage 17-6: Requires guidelines to be followed for zones not listed. Typical coverage requirement is 20-25 %. Variance required to have less coverage of landscaping based on urban character of design_ 8. P a r kin g Co un t 1 2-3: Re quir e s parking ratios fr o m 1 /75 SF to 1 /300 SF. Va r ia n c e needed to use 3/1 000 SF parking ratio across site due to c ur r e n tl y un de fin e d m ul tipl e uses and staggered use times across the site . 9. General Notification: The proposed design requires the closing of one block of Colfax and the possible future closing of one block of Salamanca. 10. General Notification: The proposed design requires the placement of a holding pond /wetlands feature on adjacent property south of the RFP site. FABRE ENGINEERING & SURVEYING J ul y 1 0, 2007 070063 VIA HAND DELIVERY Derrik Owens, P.E. Director of Engineering City ofPensacola P.O. Box 12910 Pensacola, FL 32521 ENGINEERS P LANNERS SURVEYORS RE: South / 9th Avenue Area Stormwater System Analysis and Proposed Conceptual Treatment System at Admiral Mason Park Dear Derrik: Per our telephone conversation, we are providing you with this summary of our findings with regard to the proposed stormwater system at the above referenced location. We have been asked by Moulton Properties, as a service to the City, to review the stormwater system in the south 9ch Avenue area and to determine its feasibility for use in providing a stormwater treatment system for the proposed developments in and surrounding Admiral Mason Park. Furthermore, we were asked to determine the best possible solution for the required stormwater treatment system if the existing system was not usable, in order to assist the City of Pensacola with a comprehensive solution for this area. For reference purposes we have attached Exhibit A which denotes several different areas of interest. Of primary interest to our work is Areas B, C & D. These are the areas that comprise the 18 acres considered for development by different parties. We were also asked to consider the possibility of future development in Areas I & J and the feasibility of routing those areas to the treatment facility. While it is fairly obvious that there are problems on the existing 9th Avenue system and that any future development would most likely exacerbate the problem, we did a quick analysis of the existing system just to begin to understand the root of the problem. It appears from topography available to us that all of the areas noted in Exhibit A contribute to the south 9th Avenue system except areas D, F, I & J. It is likely that a small portion of I does contribute to the system, but not the majority of it. Area J generally drains to the southeast. Area D appears to drain towards the Florida Blanca system and we have assumed based on the drawings we were provided that Area F has generally been diverted to Florida Blanca through the projects completed within the last 2-3 years. In summary there is approximately 52 acres fromareas A, B, C, E, G, H & K contributing to the south 9th Avenue outfalls if there is no overflow from the Chase Street system. 114 GRECARY SQUARF PENSACOLA. FLORIDA 3 2502-44 1 5 7EL: (850) 433-6438 FAX : (850) 4347842 Derrik Owens, P.E. July 10, 2007 Page Two A quick analysis of the total flow for the contributing area during a 25-year event results in a total flow of approximately 157 cubic feet per second (cfs) (Tc = 30 minutes, Cc = 0.55). The south 9th Avenue system is split into two systems. One system generally receives areas B, C, E, G & K (roughly 123 cfs) and the second system generally receives Areas A & H (roughly 34 cfs). Before we discuss the modeling of the systems versus contributing flows there are several items that bear discussion. The first is calculated flow. All of the calculations, unless otherwise stated are for the 25-year return storm. This is the City's general criteria for design attenuation so we have used it in our calculations. We have made an attempt, using the topography available to us, aerial photos of existing areas and conceptual drawings for proposed developments to calculate runoff coefficients and appropriate time of concentration. We have attempted to be conservative without being ridiculous. The second item is stormwater system component capacities. We used the City's maps and construction drawings to obtain pipe sizes and elevations and have modeled/analyzed them as such. We have assumed that the inlets and other system components are capable of contributing the appropriate flow to the system in either gravity flow or surcharged flow as appropriate. This is actually a bad assumption when analyzing the existing system and we have looked at certain components and discussed them further as appropriate. It was impossible in the time allotted to measure and review each component . It should be noted that all of the systems discussed herein eventually end up as surcharged systems. As such we have attempted to be reasonable in our allowance of the allowable hydraulic grade line at inlet points to allow for non-uniform inlet conditions. Lastly, the elevation of the Bay water surface is a very important factor. The local Mean High Water elevation is 0.91 feet. The local Mean Low Water elevation is -0.29 feet. All analyses, unless otherwise stated are based on a water surface elevation of 2.25 feet in order to satisfy FDEP concerns that the system work under any "normal" conditions. The elevation of 2.25 is the difference between low and high means added to the mean high and rounded to the nearest quarter foot. It is possible that FDEP would allow a lower elevation to be considered, but for conservatism we have used that value. This elevation is most important in the consideration of any proposed system in order to truly be a positive outfall for a twenty five year storm. We modeled both of the systems on south 9`h Avenue. It comes as no surprise that the existing systems cannot handle the 25-year storm. Approximately 47 cfs is contributing to the inlets at Romana Street and 9`h Avenue. The model indicates that the system can only take approximately 26.5 cfs. It is highly likely that the inlets in this location cannot take this flow and are losing the remaining runoff to the south. The Aragon pond at full depth can only contribute 42.5 cfs to the system. There is approximately 60 cfs in runoff from this area. There is approximately 20 cfs coming from Area G and the inlet and pipe in that area cannot handle more than about 7 cfs. Derrik Owens, P.E. July 10, 2007 Page Three All of the extra runoff flows overland into yards, streets, etc. but generally makes it into the low spot at 91h Avenue. Not including the excess runoff from above there is approximately 30 cfs contributing to the inlets south of Romana at the low point. The excess runoff is approximately 50 cfs. Combined systems at the low point cannot handle the total flow causing standing water in the road and backup in Aragon and other locations. The conclusion is that there is no way the existing system can handle the post developed condition proposed since it cannot handle the pre-development condition. We looked at various modifications to the area but could not come up with any way to reasonably modify the system to handle the post developed condition. It should be noted that we reviewed the previous proposals by Baskerville-Donovan (BDI) from 2001 with regard to the treatment ponds proposed at that time. The fact that this proposal exists and was considered has caused some confusion with regards to its intent and ability to provide stormwater control. The proposed treatment systems certainly appear to be viable in terms of providing the minimum "treatment" required by FDEP and the City, and represent some innovative design alternatives given the existing problems. The confusion exists in the distinction between "treatment" as required by the City and FDEP and "attenuation" as required by the City. The proposed systems presented in 2001 by BDI contain no provisions for attenuation and do not address flooding as BDI came to the same conclusion that it is not possible to reasonably cure those issues with the existing system. Since the existing system cannot be used in its current state and we could not find a way to reasonably modify it for the post development condition, we explored other possibilities. In the end it is most reasonable to construct a separate system for the development of the parcels of interest. The general concept of the piping system and pond is shown on Exhibit B. A wet detention pond, constructed to be aesthetically pleasing and allow recreation around the banks, should be constructed in Admiral Mason Park as previously proposed. In order to meet Cliff Street's (FDEP) concerns with regard to a positive outfall considering high tides and to have a true 25-year positive outfall, the pond permanent pool surface will need to be at an approximate elevation of 3.5 feet for the orifice discharge. The top of the treatment pool would be approximately 5.0 feet. Top of bank could be between 6.0 and 7.0 feet. These elevations will require both some fill in the park and the use of soil treatments below the growth zone to aid in water retention. The pond will also likely need a small freshwater source such as the irrigation well. The system would be similar to the Maritime Park proposed stormwater solution. The pond outfall would be on the order of twin 36-inch pipes to the Bay. The inlet box would need to be designed to handle the peak flow. Derrik Owens, P.E. July 10, 2007 Page Four The stormwater collection and transmission system would also probably be a twin 36-inch system. The final sizing would be dependant upon which areas will contribute to the pond, but we think the additional areas previously discussed could be accommodated. The final pipe layout may also be multiple systems depending on phasing. The location of the central spine may change depending on phasing as well. We have no concerns about any of the existing ground elevations except the 2-3 acres directly north of the proposed pond. This area would need to be raised to accommodate the proposed system. We don't see any major difficulties with raising this area. The last issue is the impact of this design on the existing south 9th Avenue system. Obviously removing the flow from the new areas of interest greatly reduces the flooding problems associated with the 9th Avenue system. The total flow is reduced from 157 cfs to 97 cfs. The question is whether or not it completely cures the problem. The interesting result is that the main piping systems can handle the flow but some of the contributing pipes and inlets cannot. The inlet and pipe system from Area G is marginal. We looked at this area during a substantial rainfall event and were surprised at the small amount of runoff. If we have assumed too large an area contributing, this system may be alright. The inlets on 9th Avenue appear to be sufficient for the resulting runoff, but it is hard to say how the flow from area H arrives in the street. The biggest surprise was the 30-inch pipe from Aragon to the 38"x60" junction. This pipe is not capable of handling the roughly 60 cfs from Aragon even with a full pond. If this pipe was doubled to twin 36-inch pipes or the 30-inch and 24- inch were tied together at the pond the system can handle all 60 cfs from Aragon at a pond elevation of 5.0. In summary, the creation of the new system certainly helps alleviate or eliminate the problems on south 9th Avenue. The work we have done is obviously preliminary, but we think the general results presented are valid and show this proposed solution may greatly benefit a large number of property owners and the City of Pensacola. If we can answer any questions or concerns, please feel free to call. S i nce r e l y , FABRE ENGINEERING & SURVEYING TIV- William V. Phillips, II, P.E. Senior Project Manager WVP/frc Enclosures (2)-38' PO P Q o. ' 1 70 LF I U R B A N D E S I G N ASS OCIATES Memorandum GULF TOWER 31ST FLOOR 707 GRANT STREET PITTSBURGH, PA 15719 TEL 412 263-5200 FAX 4I2 263-5202 urban designassociates.com TO David Bailey COMPANY City of Pensacola DATE 29June 2007 FROM Paul Ostergaard PROJECT Hawkshaw Village PURPOSE Historic District Master Plan Design Review REMARKS Hawkshaw Village is a development proposal prepared by Hawkshaw Eastside, Inc, (HEI), a Florida Corporation. The proposal is to redevelop blocks cast of 9th Avenue, north of Romana, west of Gulf Power Company and south of Chase Street in Pensacola's Historic District. The proposal also includes land north of Aragon which is not considered in this evaluation because this land is being considered by others. The proposal is to create a series of mixed-use development blocks with a blend of uses including retail, office, and residential uses. Parking will be on street and in garages. A phased approach is proposed which allows the developer to build residential product facing Romana and mixed use buildings along Ninth Avenue. The parking for the mixed use buildings will be in surface lots. These surface lots will be future sites for five story office buildings and parking garages as those buildings come on-line. A district-wide storm water management system is proposed which will benefit existing and future developments. Perspectives of the proposed development show attractive buildings that appear to be compatible with the Historic District. The general intent of the proposal is to comply with the objectives of the Historic District Master Plan. The development proposal is at variance with the Historic District Master Plan in a few significant ways outlined below. PRINCIPALS AS89GIAT ES DONALD K. CARTER, FAIA FAICP CAIL A. ARMSTRONG, SDA RAYMOND L. GINDROZ, FAIA DAVID R. CSONT BARRY J. LONG, JR., AIA DONALD KALISZEWSKT, AIA PAUL B. OSTERGAARD, AIA JAMES 11. MORGAN, ALA ROB ROBINSON, AIA DAVID BAILEY 29 JUNE 2007 U R B A N DESIGN ASSOCIATES PAGE 2 REMARKS 1. The Hawkshaw Village plan eliminates Salamanca Street between 9th Avenue and 11th Avenue. This removes a critical street linkage in the City and Historic District street grid, and eliminates street continuity and connectivity into the City/County property north of Aragon. 2. A new cast/west street is shown south of Salamanca that aligns with an alley serving the northern frontage of Aragon. This alignment is inconsistent with the Historic District Master Plan location for a new street on the City/County property. 3. The proposed northern office building is shown replacing an existing Baptist Church that is not controlled by the development team. 4. Parking garages are shown fronting neighborhood streets. 5. A proposed street internal to the blocks is, in fact, an alley because it faces the backs of building and garages. 6. The Alley concept between two layers of occupied buildings, running parallel to the streets, internalizes pedestrian movement and activities, as well as dilutes activity that should be located on the streets themselves. 7. The proposed development program requires additional detail regarding phasing, parking strategy, and first floor interior schematic plans in order to fully evaluate the proposal in relation to the Historic District Master Plan. Recommendations: 1. Keep Salamanca Street open and use the street as an address for retail, offices, and residential uses. Because the developer will control both DAVIT) BAILEY 29 JUNE 2007 URBAN DESIGN AS SOCIATES PAGE 4 REMARKS The proposal will only grow in strength through continued refinement of project goals reached within the context of the approved Historic District Master Plan. Overall, Hawkshaw Village is a wonderful economic development opportunity and asset for the city, clearly strengthened by a local, experienced, and collaborative development and design team. t' ^r ^ k' a^J ,^ ^ ; x^ ^ c^ ^ ^ % ^^ f ^ ^ a . . ^ w Pensacola Historic District Master Plan As Revised to Reflect HawkshawVillage Proposal 7/1 7/47 Overall Pensacola Historic District Master Plan As Revised July 2007 MEMORANDUM TO: To m Bo n fie l d, City Ma n a ge r Co py: Da vid Ba il e y, CRA Dir e c to r FRO M: De r r ik Owe n s, P . E., City En gin e e r DATE : J ul y 1 2, 2007 SUBJECT: Ha wksha w Vil l a ge Sto r m wa te r Management Co n c e pt -Opin io n To m , I r e c e n tl y r e c e ive d the pr e l im in a r y r e po r t fr o m Fa br e En gin e e r in g o n the pr o po se d Ha wksha w Vil l a ge sto r m wa te r m a n a ge m e n t c o n c e pt a n d wo ul d l ike to sum m a r ize the fin din gs a n d o ffe r m y o pin io n . The r e po r t ba sic a l l y a ddr e sse s two main issues ; 1 ) r o ugh a n a l ysis o f the e xistin g dr a in a ge in fr a str uc tur e in the vic in ity o f the pr o je c t a n d 2) pr o po se d in fr a str uc tur e im pl e m e n ta tio n to m e e t r e gul a to r y r e quir e m e n ts fo r the n e w de ve l o pm e n t. The r o ugh a n a l ysis ba sic a l l y r e -ite r a te d c ur r e n tl y kn o wn in c a pa c itie s o f the a r e a in fr a str uc tur e , with spe c ia l e m pha sis o n the 9t" Ave n ue tr un k l in e tha t m o st o f the sur r o un din g de ve l o pm e n ts dr a in to . This a n a l ysis wa s br o ke n up in to c o n tr ibutio n areas with fo c us o n the futur e de ve l o pm e n t a r e a s, in a n e ffo r t to a ppr o xim a te ho w m uc h r un o ff the y c ur r e n tl y c o n tr ibute to the o ve r a l l o utfa l l syste m . The o utc o m e o f this m o de l in g e xe r c ise de m o n str a te d tha t the e xistin g 9 h Ave n ue syste m is sign ific a n tl y o ve r l o a de d by the 25 ye a r sto r m e ve n t r un o ff, whic h ha s a l r e a dy be e n c l e a r l y e sta bl ishe d thr o ugh pr e vio us studie s. On c e the in fr a str uc tur e c a pa c ity pr o bl e m s we r e ide n tifie d, the se c o n d issue o f m e e tin g sto r m wa te r m a n a ge m e n t r e quir e m e n ts util izin g pr o po se d n e w in fr a str uc tur e wa s a ddr e sse d. It wa s ba sic a l l y de te r m in e d tha t the a r e a s o f n e w de ve l o pm e n t wo ul d ha ve to be se l f-sustaining a n d in de pe n de n t o f the e xistin g sto r m wa te r in fr a str uc tur e c ur r e n tl y in pl a c e . This wo ul d be a c c o m pl ishe d by c o n str uc tin g n e w c o n ve ya n c e pipin g a n d c o l l e c tio n str uc tur e s a l o n g the str e e ts a dja c e n t to the n e w de ve l o pm e n t a r e a s a n d r o ute the r un o ff to a n e w we t de te n tio n fa c il ity (po n d) l o c a te d in Adm ir a l Ma so n P a r k fo r tr e a tm e n t. As pa r t o f this sc e n a r io , the n e w po n d wo ul d ha ve a n in de pe n de n t o utfa l l be n e a th Ba yfr o n t P a r kwa y in to P e n sa c o l a Ba y. The m a n n e r in whic h the po n d is pr o po se d wil l o n l y pr o vide tr e a tm e n t a n d n o sto r m a tte n ua tio n . This wo ul d be pe r m issibl e by the LDC, give n the n a tur e o f the pr o po se d dir e c t o utfa l l to the ba y. Ho we ve r , it ha s n o t be e n de te r m in e d if sto r m a tte n ua tio n wil l be r e quir e d by FDOT o r the n e w ERP r e gul a tio n s fo r thc o m in g, but the c o n sul ta n t did n o t se e m to thin k e ithe r wil l be a sign ific a n t issue . The constructability of the pond was also discussed with the consultant concerning potential undesirable soil/material conditions and he did not seem to think this would be a significant issue either, based on the geotechnical information made available. However, he did indicate that a limited amount of subgrade undercutting may be necessary during construction , but is typical of construction near bodies of water . The exact placement of the new collection and conveyance system should also be noted as somewhat variable at this time, until further field exploration can identify any physical/environmental impediments that may affect this routing. In summary, I do concur that the results from the rough capacity analysis performed on the existing area system are legitimate and that the system is significantly under capacity for handling the current runoff for a 25 year storm event . I also agree, within certain parameters, that the most viable solution is to provide a stand -alone collection, conveyance and treatment system for all new proposed development in this area . The proposed conceptual method in the report would meet this objective logistically , but is completely conceptual and requires much more finite analysis before costing and financial feasibility can be seriously discussed . This is also the opinion of the consultant. If planned and constructed properly , the proposed system should not only meet current stormwater management requirements, but should also have the potential to alleviate existing surcharge conditions on the 9th Avenue system in a limited fashion, thus allowing the system to better handle existing runoff from current development in the area. O ne final point to make is that the system will only work effectively during rainfall events that are not associated with high tidal surges . In the event of significant surge conditions the performance of the system will be significantly impaired and flooding will occur , as with most waterfront systems of this nature. Ki 2 r Cot . City of MEMORANDUM Pensacola Planning S ervices TO: Kevin Cowper, Community Development Director FROM: Sherry Morris, Planning Services Administrator = LLB DATE: July 12, 2007 RE: Hawkshaw Village-Proposed Closure of Colfax Street I have requested and received comments pertaining to the proposed closure of Colfax Street in conjunction with the Hawkshaw Village project . The vacation and closure of the Colfax Street right of way will be subject to review and approval by the Planning Board and City Council per our usual right of way vacation process. Preliminary comments from City Staff and utility providers indicate that the closure of Colfax Street is possible subject to the creation of a new right of way to the north, such as the extension of Aragon Street . ECUA has indicated that they have both water and sewer lines currently existing in the Colfax Street right of way, but that it could be possible to either abandon both lines or relocate them. ECUA is not certain if the sewer line has any current flow. Gulf Power and ECUA have both indicated that they would work with the developer to determine the best alternative for the utilities located within the right of way. Al Garza, Public Works Director, did not object to the proposed vacation of Colfax Street as long as adequate access is provided to the Hawkshaw Village project. Derrik Owens, City Engineer, did not object to the proposed closure of Colfax Street if proper access Is provided to the subject development that meets the City of Pensacola's standards and guidelines. Any future request to vacate the Colfax Street right of way , including the proposed creation of a new right of way located to the north of the subject closure, will involve additional review and comments from City Staff and local utility providers prior to review and approval by the Planning Board and City Council. 180 Governmental Center * P.O. Box 12910 * Pensacola, Florida 32521 * 805.436.5655 *fax 850.595.1143 City of MEMORANDUM TO: Kevin Cowper, Community Development Director FROM: Sherry Morris, Planning Services Administrator 74^ DATE: July 12, 2007 RE: Hawkshaw Village-Proposed Variance Requests Pensacola Planning S ervices I have reviewed the proposed variance requests listed for the Hawkshaw Village mixed-use project. The majority of the regulations reference are contained within Section 12 -2-12 (A) (4) of the Land Development Code, which provides that the Gateway Review Board may grant specific approval to modify requirements such as setbacks, lot coverage, lot width, building height, and parking. In reviewing the list of variance requests submitted by the developer (see attached), items 1 and 2, as well as items 4-8, can all be addressed by the Gateway Review Board. Item 3 (density) is no longer an issue as the density requirements have previously been revised and increased to 100 units per acre in the Gateway Redevelopment District. Item 9 pertaining to the closure of Co l fa x Str e e t will be subject to review and approval by the Planning Board a n d City Co un c il per our usual right of way vacation process. 180 Governmental Center * P.O. Box 12910 * Pensacola, Florida 32521 * 805.436.5655 *fax 850.595.1143 City o ^ ion 4 f F^ V)N MEMORANDUM PenTsa^ola Neighborhood & Economic Development TO: Kevin Cowper, Community Development Director FROM: Edward Spears, Neighborhood & Economic Development Administra DATE: July 12, 2007 RE: Public Input Meeting on Proposed Use of Admiral Mason Park as a Stormwater Facility At 5:30, p.m. on July 10, 2007 the City hosted a public input meeting with citizens and representatives of the neighborhoods immediately surrounding Admiral Mason Park. Notice of the meeting was provided in the City's Neighborhood Notes Newsletter, by the City's Teleworks automated calling system, direct e-mail to the neighborhood associations registered with the City and by phone calls to area stakeholders. The purpose of the meeting was to gauge public support for a proposal forwarded to the City that would utilize a portion of the park as a wet stormwater detention facility. The facility would be constructed to appear as a natural water feature and have various recreational uses. Some 30 citizens attended the meeting, held at the Institute for Human and Machine Cognition. I opened the meeting and discussed the purpose. I then introduced David Bailey, CRA Director, who provided a history of the area, a discussion of stormwater issues and a discussion of the proposed developments north of Admiral Mason Park and north of the Aragon Neighborhood. Both of these proposed projects would benefit from a regional stormwater facility at the park site. Following Mr. Bailey's presentation, I presented the example of Lake Ella in Tallahassee, Florida, a regional stormwater facility, that is also a major recreation asset. Following the presentation, the floor was opened to comments from the citizens. Those in attendance were unanimous in support of the concept of utilizing the park as a regional stormwater/recreational facility as described. Many expressed that this was a creative solution to the stormwater issues and would create an amenity that they would enjoy. No one expressed any disagreement with the concept. Those assembled moved quickly past acceptance of the concept to discussion of design of the facility and types of uses. It is clear that aesthetics, accessibility and safety will be major concerns if this concept moves forward. The participants recognized that this project would not solve all stormwater related issues in the area, but that this concept would prevent any exacerbation of the problem and might ease the current flooding somewhat. The participants unanimously agreed that staff could report to the City Council and/or the CRA that the adjacent neighborhoods were in support of the concept of utilizing Admiral Mason Park for a stormwater/recreational facility. The meeting concluded at approximately 6:30 p.m. IN) Cnvarmmental rvntgr * P. O . Roy 12 9 11) * Ponsacnla. Florida 32521 * 805.436.5655 * fax 850.595.1143 COMMITTEE MEMORANDUM COMMITTEE: Community Redevelopment Agency FROM: Thomas J. Bonfield, City Manager DATE: June 11, 2007 SUBJECT: ITEM #5 Request for Approval of Ownership Interest in and Proposed Modifications to the Development Agreement between the Community Redevelopment Agency and I-lawkshaw Eastside, Inc., for the Development of a Mixed-Use Project at Ninth Avenue & East Romana Street RECOMMENDATION: That the Community Redevelopment Agency approve the o addition of ownership interest of Moulton Properties to `O Hawkshaw Eastside, Inc in the Mixed-Use Project at Ninth venue & East Romana Street an raze t. ie ity anager to prepare an analysis o proposed modifications to the Development Agreement and Site Plan for consideration by the CRA on or before July 23, 2007. and further, also grant an extension of impending deadlines contained in the Development Agreement until that date. SUMMARY: On March 5, 2007, the Community Redevelopment Agency (CRA) authorized the City Manager to execute the Development Agreement between the Community Redevelopment Agency and Hawkshaw Eastside, Inc., for the development and disposition of the approximately 1.8 acre redevelopment site at Ninth Avenue and East Rom.ana Street identified in Request for Proposal No. 06-039 issued March 12, 2006. As required in the Development Agreement, the Developer has paid a $140, 000 deposit to the CRA.. Other requirements as described in the Development Agreement are due prior to the Closing Date of August 1, 2007. In certain circumstances, the Closing Date may be as late as November 1, 2007. On June 1, 2007, the City Manager received a letter from the Developer proposing several modifications to the project, summarized as follows: f PedaBla Community Redevelopment Agency Request for Approval of Ownership Interest June 11, 2007 Page 2
That the CRA approve the purchase by Moulton
Properties of 50% of the capital stock of H.awkshaw Eastside, Inc.
That the CRA approve modifications to the Site Plan
contained in the Hawkshaw Eastside Proposal, including increasing the number of Workforce Housing Units from 24 to 30 and re-orienting the units to the west
That the City vacate the remainder of Colfax Street
That specific variances to [., and Development Code requirements be granted
That the feasibility of a "lake" or stormwater facility be
explored at Admiral Mason Park
And that an extension of the time be allowed for the
preparation of revised Plans and Specifications reflecting the above modifications The Developer indicates in his letter that the proposed stormwater solution provides for more effective development of surrounding properties, and additionally, that the partial change in ownership allows for a joint venture between Hawkshaw Eastside, Inc. and Moulton Properties. Moulton Properties controls a substantial area of land to the north of the project site. The Development Agreement requires that any sale, assign ent, conveyance, or other disposition of the Developer's ownership interest in the project requires the written consent of the CRA. As the remaining proposed modifications must be evaluated both in relation to the existing terms of the Development Agreement and for technical feasibility, staff is prepared to provide an analysis of the proposed modifications for consideration by the CR.A on or before July 9, 2007. PRIOR ACTION: August 31, 2006: CRA authorized the City Manager to enter into exclusive negotiations with l-l.awkshaw Eastside Inc., for a period of up to 60 days commencing September 2006, in order to define the terms for the sale and development of the CRA property at Ninth Avenue and East Romana Street. Community Redevelopment Agency Request for Approval of Ownership Interest June 11, 2007 Page 3 CURRENT ACTION: FUNDING: ATTACHMENTS: November 6, 2006: CRA concurred with the Term Sheet for the sale and development. of the CRA property at Ninth Avenue and East Romana Street and authorized the City Attorney to finalize a development agreement in accordance with the term sheet for final approval by the CRA. January 22, 2007: CRA extended the due diligence period by 14 days to February 5, 2007. February 5, 2007: CRA referred the Development Agreement back to staff for an analysis of any significant changes that may have occurred between Hawkshaw Eastside's original response to the RFP and the current Development Agreement. March 5, 2007: CRA authorized the City Manager to execute the Development Agreement between the Community Redevelopment Agency and Hawkshaw lastside, Inc., for the development and disposition of the approximately 1.8 acre redevelopment site at Ninth Avenue and East Romana Street. March 14, 2007: Development Agreement executed and Memorandum of Development Agreement recorded in Public Records. v None required. (1) Staff Report (2) June 1, 2007 Letter from Developer (3) "Hawkshaw Village" - Proposed Site Plan w/ Moulton Properties (4) "Hawkshaw Eastside" - Original. Site Plan per Development Agreement STAFF CONTACTS: Kevin A. Cowper, Community Development Director; David I3ai.ley, CRA Director; John Fleming, City Attorney, PRESENTATION: No. MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Thomas J. Bonfield, City Manager Kevin A. Cowper, Community Development .)irector David Bailey, CR.A Director June 11, 2007 Request for Approval of Ownership Interest in and Proposed Modifications to the Development Agreement between the Community Redevelopment Agency and Hawkshaw Eastside, Inc., for the Development of a Mixed-Use Project at Ninth Avenue & East Romana Street RECOMMENDATION: That the Community Redevelopment Agency approve the addition of ownership interest of Moulton Properties to Hawkshaw Eastside, Inc in the Mixed-Use Project at Ninth Avenue & East Romana Street and further, authorize the City Manager to prepare an analysis of proposed modifications to the Development Agreement and Site Plan for consideration by the CRA on or before .Tuly 9, 2007. BACKGROUND: On January 23, 2006, the Community Redevelopment Agency (CRA) declared the 1.8 acre of CRA-owned property located on the east side of 91a' Avenue between the intersection of Romana Street and Colfax Street surplus property and authorized the City Mariager to issue a Request for Proposals (RFP) for disposition. A request for proposals was subsequently issued and five (5) responses were received by the June 2006 deadline. After evaluating the five proposals during two workshops held in July and August 2006, the CRA authorized the City Mariager to enter into exclusive negotiations with. H.awkshaw Eastside Inc., for a period of up to 60 days commencing September 1, 2006, in order to define the terms for the sale and development of the property. On January 22, 2007, the CRA. extended the due diligence period by 14 days to February 5, 2007. On February 5, the CRA referred the Development Agreement back to staff for an analysis of any significant changes that may have occurred between Hawkshaw Eastside's original response to the RFP and the current Development Agreement. On March 5, 2007, the Community Redevelopment Agency (CRA) authorized the City Manager to execute the Development Agreement between the Community Redevelopment Agency and Hawkshaw Eastside, Inc., for the development and disposition of the approximately Thomas J. Bonfield, City Manager Request for Approval of Ownership Interest June 11, 2007 Page 2 1.8 acre redevelopment site at Ninth Avenue and East Romana Street identified in Request for Proposal No. 06-039 issued March 12, 2006. As required in the Development Agreement, the Developer has paid a S 140, 000 deposit to the CRA. Other requirements as described in the Development Agreement are due prior to the Closing Date of August 1, 2007. In certain circumstances as defined in the Development Agreement, the Closing Date may he as late as November 1, 2007. On March 14, 2007, the Development Agreement was executed by the parties and a Memorandum of Development Agreement was recorded in the Public Records of Escambia County, Florida. On June 1, 2007, the City Manager received. a. letter from the Developer proposing several modifications to the project, summarized as follows: That the CRA approve the purchase by Moulton Properties of 50% of the capital stock of Hawkshaw Eastside, Inc. That the CRA approve modifications to the Site Plan contained in the Hawkshaw Eastside Proposal, including increasing the number of Workforce Housing Units from 24 to 30 and re-orienting the units to the west That the City vacate the remainder of Colfax Street That specific variances to Land Development Code requirements be granted That the feasibility of a "lake" or stonaawater facility be explored at Admiral Mason Park And that an extension of the time be allowed for the preparation of preliminary Plans and Specifications reflecting the above modifications The Developer indicates in his letter that the proposed stormwater solution provides for more effective development of surrounding properties, and that the partial change in ownership allows for a joint venture between Hawkshaw Eastside, Inc. and Moulton Properties. Moulton Properties controls a substantial area of land to the north of the project. site. A. very substantial, phased development of several adjacent city blocks is proposed over time. The Development Agreement requires that any sale, assignment, conveyance, or other disposition of the Developer's ownership interest in the project requires the written consent of the CRA. As the remaining proposed modifications must he evaluated both in relation to the existing terms of the Development Agreement and for technical feasibility, staff is prepared to provide an analysis of the proposed modifications for consideration by the CRA on or before July 9, 2007. The feasibility of the "lake" or stormwater facility in particular requires significant review in light of anticipated changes in environmental regulations as well as consideration of the public interest in the Admiral Mason :Park property. Thomas J. Bonfield, City Manager Request for Approval of Ownership Interest June 1. 1, 2007 Page 3 The next pending deadline contained in the Development Agreement (as originally executed and currently in effect ) is for the Developer to submit Preliminary Plans and Specifications by June 12, 2007, for review and approval by the CRA. FINANCIAL IMPACT The sale of the property will generate $1.4 million.. Development of the property will generate ad-valorem tax revenue and other forms of revenue to the CRA and City. Further analysis of the proposed modifications relating to stormwater improvements at Admiral Mason Park is necessary to determine other potential financial impacts. HAWKSHAW ^A5TSIUE, 1NC. 730 PAYFRON'r PARKWAY Suir^ 4 B P^nsacot^, , FL 32502 J un e 1 ,2.0()7 Mr. T'om Ilonf^ eld City Manager City of Pensacola City Hall P.O. I3ox 12910 Pensacola, FL 32521 Re. Request for Certain Modificatiozas to tlae Qwnership and Site Plan of Hawkshaw Eastside, Inc. as per our Agreennent with the Community Redevelopment Agex^cy Dear Tom, As you know, we have reached two development zaai-lestones under our agreement with the Community Redevelopment Agency and the City, i.e. Payment of the Binder of $14C), OC)O.OC; and The City's Vacation of the Partial Rights of Way of-Colfax and 10th Avenue. As we proceed to develop final plans for the Community Redevelopment Agency's approval. for "work ford" housing and the mixed use development, storm water retention leas become more pragmatic based on the small sage of the subject site. In an effort to solve that problem the principals of)=lawkshaw F^.astside, Inc. have agreed to izzclude in the ownership and as principals of }-lawkshaw Eastside, Inc., Jars. anal 13ob Moulton (the principals of the adjoizzing landowner to the North ofthe subject site). Under. our agreement with. the Comrilunity Redevelopment Agexicy this partial change in the owY^erslup of the Developer is subject to the approval of 1:he C. R. A. Ir, that regard, we ask that C. R A. approve the addition of the Moultons as 50% owners of the capita) stack of I-Iawkshaw Eastside, Inc. If that change in partial o^unership is approved that would bring into play tlae possibility of a joint venture with the remaining "IvIoult:on's owned" property to t11e North to expand the location of the "L4 unit "work force" hausiug building slightly to thy: North and to expand the building size to 30 units of "work force" housing (as defined in our existing agreement) plus expand on. the opportur>ity to explore and create a more regional and comprehensive storm water rctent^on plan that would serve the needs of Commuunity Redevelopment Agency property, the Moulton property to the North. and excess needs of devclopahJe property South and West of Gregory Street and 9^' Avczlue. Te L850.438.5618 Fax: 85O.434-3690 {-IAWKSHAW EASTSIDE, ANC. 730 BAYFRON7 PARKWAY SUITE 4 B PENSACOLA, ^L 325ta2 This would be accomplished by a phased approach to the creation of a scenic lake on a portion of Admiral. Mason Park. The beautification and. use of this proposed lake would be similar to "Lake Ella" in Tallahassee , Florida. "1 he lake feature will provide substantial recreational benefits to the public in. general, including scenic walkways, picnic areas, and enhanced viewing of the veteran ' s monuments. The lake would be designed to drain 27 acres of developed land yet. the Hawkshaw Community Redevelopment Agency development and the Moulton Joint Venture property consists of only nine acres leaving 18 acres open to development in the future. Finally, we request that the Community Redevel.opxnent Agency and the City of Pensacola approve moving the originally conceived `work force" Dousing building from an East/West orientation to a North/South orientation. 7'he reorientation and additional property brought to the development by Moulton Properties allows the development to increase the number of "work farce" housing units from 24 to 30 units - a 25% increase in the number of those units as defined in the existizag agreement . The reorientation and relocation. of the "work force" housing would remain within the bounds of the CRA property and adjacent Moulton Property, i . e., the area bounded by Salamanaca to Ramona, and between 9`" and 10^ ' Avenues. We represent to you that I^ Iawkshaw Eastside, Inc. would "control" the "work force" housing sites even though part is owned by the City (Colfax) and part is owned by Moulton Properties . Ftu-thermore, Moulton Properties will execute an agreement with the CRA such that it will oversee the sales of any "work force" housing units located an its property. As a. consequence of the forgoing the Joint Venture between Hawkshaw and the Moultons, (as adjoining land owners) would develop that entire adjoining site thus creating jabs in addition to the "work farce" housing_ This would. create at least three times the amount of taxes (income) floe Cazzununity Redevelopment would realize aver IJawl<shaw Eastside only. At this paint we ask the following for the City's and C. R. A.'s approval: (a) Approval of the purchase by the Moultons of 50% of the capital stock. of Hawkshaw Eastside, Inc. (b) Approval. the Amended. Concept<ial Sitc Plan attached hereto, itacludii7g the relocation and re-orientation of the "work force" housing building from. a 24 unit building with "East/West" orientation to a "No1-th/South" orientation and adding six additional units of "work force" housing to the project (see attached architectural drawing) Te R 850.438.5618 Fav 85O.434%369O HAWKSHAW EASTSIDE, INC. 730 BAYFRONT PARKWAY SUITE 4 B PENSACOLA, FL 32502 (c) Complete the vacation of the final portion of Colfax Street (only) in order to facilitate the North/South orientation of the 30 unit "work force" housing units and the additional related development on the Moulton property; and approve the additional variance requests listed in the attached Land Use Ordinance-Variance Requests (d) Explore with the City's Engineer, and other staff, the feasibility of having a portion of Admiral Mason Park service the Hawksbaw/Moulton joint venture development as well as unrelated property including the investigation of the costs that the Developer would pay and the time frame for doing so. (e) Extend the time for the developer to submit its preliminary plans and specs to a reasonable date after completion of the feasibility study on. creation of a lake at Admiral Mason Park. We would appreciate your advice and input. Verv Trulv- Y 0 James . Reeves epresenting the Devi Cc: Kevin Cowper David Bailey Scott Remington, Esq. Jim Moulton Mary Moulton Bill Whitesell Jim Cronley Paul Snider John Fleming, Esq. Te l : 850.438.561 8 Fa x: 850.434.3690 PHASE I Conceptual Site Plan Sm a l l Busin e ss De ve l o pm e n t On e sto r y residential structure 68 to ta l o n gr a de pa r kin g spa c e s 68 to ta l o n gr a de pa r kin g spa c e s .First .Floor. 1 3,200 SF Mixe d-use Se c o n d Fl o o r - 15 Workforce housing flats Fir st :Fl o o r - 15; 0005F Mixed-use. Second Floor- 1 5 Wo r kfo r c e ho usin g fl a ts City RFP Ar e a 1 0 Br o wn sto n e Re side n tia l l o ts P ha se ] o f the Veterns Lake at Hawkshaw HAW HAW LWi((t 50,200 squa r e fo o t Mixe d-use Buil din gs 41, 900 square foot mixed-use Buildings 5 Level Covered Parking Deck 340 pa r kin g spa c e s 3.76,000 squa r e fo o f Ha wksha w Offic e To we r HAWKSH AW ^ L T iVIIlit iha Grccery= $'Of@ Ut Nowkshaw rha Flail d }U':7kcrjavl B^ ^ '.f FJ4f?J :a.?:D}.1kvHR{c COGtA'76.Y i31 ^C' :_ c 5G p^f--; ; e, ^pA; ^ -1E11N,^ ^ -HA W +Cy 31 . 2GGi Tnfa allay ai Hosvkshau+ W OkKf DRCEHOU53Et3jaF11CF1RF:1^ k7A9txFIpW.LRF3Epi:F;p/^ La n d Use Or din a n c e -Va r ia n c e Re que sts Se tba c ks 12-2-12 (A)(4)(c): Re quir e s se tba c ks o f 5 o r 1 0 fe e t fr o m r ight-o f-wa y. Va r ia n c e n e e de d o n se tba c k r e quir e m e n ts ba se d o n ur ba n c ha r a c te r o f de sign . Re quir e s 75% m a xim um l o t c o ve r a ge . 2. Lo t Co ve r a ge 12-2-12 (A)(4)(i): Va r ia n c e r e quir e d to e xc e e d 75% l o t c o ve r a ge ba se d o n ur ba n c ha r a c te r o f de sign . 4. Str e e t Fr o n ta ge 12-2-12 (A)(^l)(d): Str e e t fr o n ta ge o f 50 fe e t m in im um r e quir e d fo r in dividua l l o ts. Re quir e va r ia n c e to ha ve str e e t fr o n ta ge s l e ss tha n 50 fe e t if n e e de d (e .g. a t br o wn sto n e s). 5. Building He ight 1 2-2-1 2 (A)(4)(e ): Lim its buil din g he ight to 1 p0 fl e e t. Va r ia n c e required to exceed 100 feet if needed. 6. Driveway Separation 1 2-2-1 2 (A)(4 )(^ : Requires minimum driveway separations. Variance required to allow reductipn of driveway spacing ( e. g. at brownstones)- 7. La n dsc a pin g Co ve r a ge 1 2-6: Re quir e s guide l in e s to be fo l l o we d fo r zo n e s n o t l iste d. Typic a l c o ve r a ge r e quir e m e n t is 20-25%. Va r ia n c e r e quir e d to ha ve l e ss c o ve r a ge o f l a n dsc a pin g ba se d o n ur ba n c ha r a c te r o f de sign . 8. P a r kin g Co un t 1 2-3: Re quir e s pa r kin g r a tio s fr o m 1 /75 SF to 1 /300 SF. Va r ia n c e n e e de d io use 3/1 000 SF pa r kin g r a tio a c r o ss site due to c ur r e n tl y un de fin e d m ul tipl e use s a n d sta gge r e d use tim e s a c r o ss the site . 9. Ge n e r a l No tific a tio n : The pr o po se d de sign r e quir e s the c l o sin g o f o n e bl a c k o f Co l fa x a n d the po ssibl e futur e c l o sin g o f o n e bl o c k o f Sa l a m a n c a . 1 0. Ge n e r a l No tific a tio n : The pr o po se d de sign r e quir e s the pl a c e m e n t o f a ho l din g po n d/we tl a n ds fe a tur e o n a dja c e n t pr o pe r ty so uth o f the RFP site . II ^- 9TH AVENUE AND EAST ROMANA STREET R FP P ENSACOLA, FLORr DA O R 0 2006 BUTAOOKTIr r As-OCI-TES, Iwo . c x L s . v TO COMMUH La w C`OP VR1 9' -Ir a wc n .. R PRO PS r IH TH P w . THERE P n O R 0, c a N, R 00000 r M 0NT FO RM O P- HATTER WFIAT- 90-vER , NO R PRE TFiEV TO ES 00910000 TO ANY1 01 00 P ARTY WITHO UT 01000 O PTAINIO PE THE O XPREER WRITTEN PERMIa 91011 AN0 00Ne EMT O P 81J LL00K TfOE Aes00IATEE. 100 B011^ odc ra As-ikes 909 E. Cerv0Ries Sheet S9iWB 1 ' OOOFul x, Fkm ido 32301 Ph, 850433-5444 Fm 850.432.5209