Palm Bay City Council DA24-00002: Three Forks Mixed Use Development Agreement Hearing on November 5

The Palm Bay City Council will hold a first hearing on Development Agreement DA24-00002 for the 3 Forks Mixed Use project on Thursday, November 5, 2026, at 6:00 p.m. The agreement is between the City of Palm Bay, West 80 Acres, LLC and Parkside Commons Center, LLC. It sets the terms for building the Three Forks Regional Activity Center south of Malabar Road SW. City staff recommends approval with conditions as set forth in the agreement exhibit. The request is item 4 under Public Hearings on the agenda for Regular Meeting 2026-29.

What the Three Forks Development Agreement Covers

The staff memo is from Althea Jefferson, AICP, Growth Management Director, through City Manager Matthew Morton. It states that the agreement covers the types of development allowed, construction of infrastructure, project phases and long-term maintenance.

The draft describes 376 single-family homes, 288 multifamily units, a 119-space recreational vehicle park and four commercial lots. It also lists common areas, stormwater areas, roads, recreation areas and offsite improvements. The agenda describes the site as south of and next to Malabar Road SW, east of St. Johns Heritage Parkway NW and west of Melbourne-Tillman Water Control District Canal 8.

The timetable in Exhibit C lists 238 single-family units and the RV park from December 2026 to December 2027. It lists 138 more single-family units from December 2027 to December 2028. The 288 multifamily units are listed from September 2029 to December 2029. The agreement states that the timetable may be amended or extended as approved by staff under city rules in effect at that time.

The agreement folds in the final development plan as Exhibit B. That plan, Case FD23-00013, is item 3 on the same agenda. Exhibit D, titled Conditions, reads "To be determined at first public hearing."

The Legal Framework: Florida Local Government Development Agreement Act

The draft cites Section 163.3235, Florida Statutes, for periodic review. That section is part of the Florida Local Government Development Agreement Act, Sections 163.3220 to 163.3243. The Legislature found that a lack of certainty in development approval can waste resources and raise the cost of housing. Other parts of the Act include these rules.

• Section 163.3225 calls for at least two public hearings before a local government enters into a development agreement.

• Section 163.3227 lists required contents, such as a legal description, the duration, permitted uses, densities and public facilities.

• Section 163.3229 states that the duration may not exceed 30 years unless extended by mutual consent after a public hearing.

• Section 163.3233 states that local laws in effect when the agreement is signed generally govern the land for its duration.

• Section 163.3239 calls for recording within 14 days. The agreement is not effective until it is recorded.

• Section 163.3243 allows a party or an aggrieved or adversely affected person to seek injunctive relief in circuit court.

Under Section 163.3235, the local government must review the land at least once in each 12-month period for good faith compliance. If it finds a failure to comply, the agreement may be revoked or modified. The draft states that the city would not issue development orders or permits until compliance is shown.

Roads, the Parkway Extension and Impact Fee Credits

The draft calls for the developer to extend St. Johns Heritage Parkway south of Malabar Road if others have not started that work. The extension would be about 200 feet wide and 1,276 feet long. It would have two lanes and end in a one-lane temporary cul-de-sac. This work is due before the first single residential building permit for Phase 1C.

The road work includes a 350-foot northbound right-turn lane and a 988-foot pedestrian path from Malabar Road to the project entrance. It also includes a driveway cut to a parcel owned by Diaz Treasures, LLC. The draft states that the owner of that parcel would not have to pay toward the offsite road work.

The draft states that the multifamily part of the project may not proceed as proposed until the parkway work is permitted for construction. The developer must also fund or build road improvements tied to its share of traffic impact. Under Section 106.26 of the City Code, the developer may receive transportation impact fee credits for eligible road work. Final city acceptance of the road work would come by City Council resolution after a two-year maintenance period.

Utilities, Stormwater and Fire Safety

The developer must connect to the city's water and wastewater systems at its own cost. Utility fees are due before any building permit is issued. The draft describes one stormwater system interconnected across the phases. The Master Association or sub-associations would maintain it. Any required mitigation for wetlands, protected species or habitat is the developer's responsibility.

The fire safety section sets standards for the temporary cul-de-sac. It must support at least 75,000 pounds and have a radius of at least 50 feet. Vertical wood framing for Phase 1C or the multifamily units may not start until the Fire Marshal certifies that access road. The RV park must keep 15 feet between RV units and have drive aisles 20 feet wide.

The draft states that it does not vest or exempt the developer from any permitting and mitigation duties.

Who May Be Affected and What It May Mean for Them

Future buyers and owners in Three Forks may be bound by the agreement. The draft calls it a covenant running with the land. The developer must create a Master Declaration of Covenants, Conditions, and Restrictions. It would be recorded with the first final subdivision plat.

The Master Association would be formed under Chapter 720, Florida Statutes, which governs homeowners' associations. The maintenance map in Exhibit E shows areas for a master association, a commercial association, a multifamily association and a single-family association. The draft also allows a Community Development District to take on some duties. The city would not enforce private deed restrictions between owners. Upkeep issues after a certificate of occupancy would go to the city's Code Compliance Division.

If the developer fails to cure a default after notice, the city may issue stop-work orders or suspend building permits and certificates of occupancy. It may also do the work itself and recover the cost. Unpaid costs after 30 days would become a lien on the property.

Hearing Process and Next Steps on November 5

This is a first hearing. Section 163.3225 calls for notice in a local newspaper about 7 days before each hearing and mailed notice to affected property owners before the first hearing. The day, time and place of the second hearing must be announced at the first hearing. The agenda lists the final development plan, a quasi-judicial item, just before this item.

The agenda states that a person who appeals a council decision will need a record of the proceedings and a verbatim transcript. Speakers who plan to use electronic media must give the file to staff at least 48 hours before the meeting. Persons who need special accommodations may contact the Office of the City Clerk at (321) 952-3414 or the Florida Relay System at 711 at least 48 hours before the meeting. The meeting is broadcast live on the city's website and on the Space Coast Government TV channel.

The City Council meets Thursday, November 05, 2026, at 6:00 PM, in Council Chambers, 120 Malabar Road SE, Palm Bay FL 32907.