Palm Bay Development Agreement DA26-00001: City Council Hearing on Emerald Lakes East Phase I, October 15

Summary

The Palm Bay City Council will hold a first hearing on Development Agreement Case DA26-00001 on Thursday, October 15, 2026. The meeting starts at 6:00 p.m. in Council Chambers at 120 Malabar Road SE. The item is a proposed First Amendment to the 2021 Emerald Lakes Master Development Agreement. The applicant is Excess Land Investment, LLC. The amendment covers Emerald Lakes East Phase I, with 652 multifamily units and 1,106,700 square feet of nonresidential development. It also sets road, traffic signal, and fire service terms.

When and Where

The hearing is item 5 under Public Hearings on the agenda for Regular Meeting 2026-28. It was added through an agenda revision. The meeting starts at 6:00 p.m. on Thursday, October 15, 2026, in Council Chambers, 120 Malabar Road SE, Palm Bay, FL 32907.

The agenda calls the project the Emerald Lakes Recreation Activity Center (RAC) Planned Unit Development. The staff memo uses the name Emerald Lakes Regional Activity Center.

Where the Property Is

According to the staff memo, the property is east of Interstate 95 on both sides of St. Johns Heritage Parkway SE. It has a Future Land Use designation of Special Planning Area: Emerald Lakes (SPA:EL) and is in the Regional Activity Center (RAC) zoning district. The memo lists a total project area of about 250.96 acres.

The 2021 Master Development Agreement

The City and Emerald Investment Holdings, LLC entered into the Master Development Agreement on September 20, 2021. It was recorded in Official Records Book 9269, Page 1519, of the Brevard County public records.

The 2021 agreement covers about 1,561 acres. It sets a maximum for all of Emerald Lakes, West and East, of 3,760 residential units and 2,820,000 square feet of nonresidential and commercial uses. Its term is 20 years from its effective date.

The draft amendment states that Excess Land Investment, LLC received the property interest by a warranty deed dated February 28, 2025.

What the First Amendment Would Add

The draft amendment names Excess Land Investment, LLC as owner and updates its mailing address. It adds three subparagraphs to paragraph 7 of the 2021 agreement. Subparagraph K describes a "Workplace" area of 652 multifamily dwelling units and 1,106,700 square feet of commercial, office, hotel, research, and light industrial uses. Subparagraph L covers transportation. Subparagraph M covers fire service.

The staff memo breaks down the program this way.

Multifamily residential: 652 dwelling units
Commercial, office, and research: 906,700 square feet
Hotel with 400 rooms: 200,000 square feet
Open space: 115.47 acres

The Traffic Impact Study in the packet states that 1,579 residential units and 1,279,690 square feet remain after the approved uses in Emerald Lakes West Phase 2. It states that the East program is within the allowable intensity in the agreement.

Roads and Traffic Signal

Under the draft, the developer is responsible for all transportation improvements within East Phase 1. Access would be from St. Johns Heritage Parkway. The draft lists a 700 foot extension of the parkway east of its current end to Workforce Boulevard. It also lists one signalized intersection at the parkway and Workforce Boulevard, two full access connections, and four right in, right out connections.

The draft says the 700 foot extension would be built in Phase 1A. The signal would be built in Phase 1C when eastbound trips exceed 600 in the PM peak hour, or when the Phase 1C certificate of completion is issued, whichever comes first. If the developer builds more than 700 feet of the extension, the City agrees to review a request for more impact fee credits for the extra length.

The staff memo describes the extension in a different way. It says the September 2026 Traffic Impact Analysis identifies Phases 1A, 1B, and 1C as meeting the developer's roadway obligations. It calls a Phase 1D extension of about 700 linear feet an optional improvement that the developer may build in exchange for eligible impact fee credits. The phasing table in the Traffic Impact Study places the Phase 1C signal at St. Johns Heritage Parkway and Emerald East Boulevard.

Fire Station 9 Mitigation

The draft states that current capacity at Fire Station 9, the closest station, "is insufficient to accommodate the additional service demand generated by the Project." The draft says these mitigation items resolve that issue.

Delivery of a Battalion Chief vehicle or operational equivalent, outfitted to current department specifications, by the 200th residential certificate of occupancy.
If a deficiency remains, at the certificate of occupancy for the hotel site development plan, the developer would contribute the required apparatus or its cost equivalent to serve the elevated apparatus building.

The draft states that this contribution is creditable toward the project's fire impact fees.

Schools and Other Facilities

The memo says Brevard Public Schools issued School Concurrency Availability Determination SCADL-2026-13 for the 652 units.

A Separate Item From FD26-00001

Item 4 on the same agenda is Resolution 2026-24, approving the Final Development Plan for Emerald Lakes East Phase 1 (Case FD26-00001). The memo states that the amendment "is being considered separately from Final Development Plan FD26-00001. Approval of one application does not automatically approve the other."

Staff Recommendation

The memo says departmental review is complete and the amendment comes to Council with a favorable staff recommendation. Staff recommends that Council approve the First Amendment and authorize the Mayor to sign it.

Florida Law Context

Section 163.3225, Florida Statutes, says a local government must hold at least two public hearings before entering into, amending, or revoking a development agreement. The statute also says the day, time, and place of the second hearing must be announced at the first hearing. The 2021 agreement refers to section 163.3235, Florida Statutes, for the City's periodic review of compliance.

What Happens Next

The agenda lists this item as a first hearing. The agenda materials do not give a date for a later hearing. Staff asks Council to approve the amendment and authorize the Mayor to sign it. Under its own terms, the amendment would take effect on the date a fully signed copy is recorded in the Brevard County public records.

How to Take Part

The meeting starts at 6:00 p.m. on Thursday, October 15, 2026, in Council Chambers, 120 Malabar Road SE, Palm Bay, FL 32907. The agenda says the meeting is broadcast live on the City's website and on the Space Coast Government TV channel.

The agenda says anyone who plans to appeal a Council decision will need a verbatim record of the meeting. Anyone who needs a special accommodation should contact the Office of the City Clerk at (321) 952-3414 or Florida Relay at 711 at least 48 hours before the meeting.