2008-O-15
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ORDINANCE NO. 2008-0-15
AN ORDINANCE OF THE CITY OF EDGEW ATER,
VOLUSIA COUNTY, FLORIDA, APPROVING A
DEVELOPMENT ORDER PURSUANT TO SECTION 380.06,
FLORIDA STATUTES FOR RESTORATION
DEVELOPMENT OF REGIONAL IMPACT FOR REAL
PROPERTY GENERALLY LOCATED NORTHWEST OF
THE INTERSECTION OF 1-95 AND SR 442; PROVIDING
FINDINGS OF FACT AND CONCLUSIONS OF LA W;
PROVIDING FOR RECORDING; PROVIDING FOR
CONFLICITING ORDINANCES; PROVIDING FOR
SEVERABLITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 380 of the Florida Statutes, the Applicant has submitted a
Development of Regional Impact Application for Development Approval to the East Central Florida
Regional Planning Council (ECFRPC); and
WHEREAS, the ECFRPC has completed their review and issued a recommendation for
approval; and
WHEREAS, the Applicant requests the City to issue a Development of Regional Impact
Development Order (DR! DO) for the RESTORA nON DR!; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
held an advertised Public Hearing pursuant to Florida Statutes, on Wednesday, January 14, 2009 on
the proposed DR! DO and following that Public Hearing voted and recommended that the City
Council approve the aforesaid DR! DO; and
WHEREAS, the City Council hereby declares approval/denial of the DR! DO for the
RESTORATION DR! by a majority vote of the members present; and;
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA:
Struck through passages are deleted.
Underlined passages are added.
#2008-0-15
-'
Instrument# 2009-031094 # 2
Book: 6324
Page: 4041
PART A.
AMENDMENT.
The City Council approves/denies the DR! DO for the RESTORA nON DR! hereby
described in Exhibit A.
PART B.
PUBLICATION.
Notice of this proposed DR! DO shall be published in the manner prescribed by Florida
Statutes
NOTICE OF PUBLIC HEARING
ORDINANCE NO. 2008-0-15
AN ORDINANCE OF THE CITY OF EDGEWATER,
VOLUSIA COUNTY, FLORIDA, APPROVING A
DEVELOPMENT ORDER PURSUANT TO SECTION 380.06,
FLORIDA STATUTES FOR RESTORATION
DEVELOPMENT OF REGIONAL IMPACT FOR REAL
PROPERTY GENERALLY LOCATED NORTHWEST OF
THE INTERSECTION OF 1-95 AND SR 442; PROVIDING
FINDINGS OF FACT AND CONCLUSIONS OF LA W;
PROVIDING FOR RECORDING; PROVIDING FOR
CONFLICITING ORDINANCES; PROVIDING FOR
SEVERABLITY; AND PROVIDING AN EFFECTIVE DATE.
A public hearing on the ordinance regarding the DR! DO for the RESTORATION DR! will
be held on January 26, 2009 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive,
Edgewater, Florida 32132.
PART C.
PUBLIC HEARINGS.
The City Council shall hold at least two advertised public hearings on the proposed the DR!
DO for the RESTORA nON DR!.
Struck through passages are deleted.
Underlined passages are added.
2
#2008-0-15
Instrument. 2009-031094 . 3
Book: 6324
Page: 4042
PART D. CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART E. EFFECTIVE DATE.
This ordinance shall become effective upon its final adoption and as provided by general law.
PART F. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART G. ADOPTION.
After a motion by Councilwoman Rhodes, with second by Councilwoman Bennington, the
vote on first reading of this ordinance held on January 26,2009 is as follows:
AYE NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
x
Councilwoman Gigi Bennington
x
Councilwoman Harriet B. Rhodes
x
Councilman Ted Cooper
x
Struck through passages are deleted.
Underlined passages are added.
3
#2008-0-15
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After a motion byCnlln0dll!oN\nn Rhaip!':, with second byC~Jn(lilrMn ~(1(1('E'4 the vote on second
reading/public hearing ofthis ordinance during the meeting held on February 2, 2009 is as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
AYE NAY
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PASSED AND DULY ADOPTED this 2nd day of February 2009.
ATTEST:
'~A1I'Q I \ tJn~f).Q D
Bonnie Wenzel 0
C.ity'C;ler,w", I.
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For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Struck through passages are deleted.
Underlined passages are added.
#2008-0-15
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
C3L~~~ ~~r 1<
Robin L. Matusick ~
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of February 2009 under Agenda Item No.
7~.
4
Instrument# 2009-031094 # 5
Book: 6324
Page: 4044
EXHIBIT A
Struck through passages are deleted.
Underlined passages are added.
5
#2008-0-15
Instrument# 2009-031094 # 6
Book: 6324
Page: 4045
DEVELOPMENT ORDER
for
RESTORA TION
DEVELOPMENT OF REGIONAL
IMPACT
FEBRUARY 2, 2009
Instrument. 2009-031094 # 7
Book: 6324
Page: 4046
TABLE OF CONTENTS
Page
I. FINDINGS OF FACT .................. ....................................... .............................................1
II. DEVELOPMENT PROGRAM......................................................................................... 3
III. CONCLUSIONS OF LAW..................... ....................... ..................................................4
IV. DEFI NITIONS ................................................................................................................ 4
V. CONDITIONS OF APPROVAL........... ..................................... .......................................7
1. CONSISTENCY WITH FEDERAL AND STATE PERMITS .................................7
2. CONSISTENCY WITH THE ADA .......................................................................8
3. APPROVED DEVELOPMENT PROGRAM....... .................................................. 8
4. ACCESSORY DWELLING UNITS ....................................................................10
5. EQUIVALENCY MATRiX.... ........................ ......................................................10
6. PROJECT DESIGN GUIDELINES/JOBS TO HOUSING RATIO....................... 10
7. FLOODPLAI NS ................................................................................................ 13
8. NATURAL SYSTEMS AND RESOURCES .......................................................14
(a) Habitat Conservation and Management ................................................14
(b) The Site Mitigation and Management Plan Components....................... 17
9. WETLANDS............................ .......................................................................... 20
10. WATER SUPPLY AND WATER QUALITY .......................................................22
11. PUBLIC FACiLITIES......................................................................................... 25
12. AFFORDABLE HOUSiNG......... ....................................................................... 27
13. SCHOOLS...... ........ .......................................................................................... 28
14. TRANSPORTATION......................................................................................... 28
15. ALTERNATIVE TRANSPORTATION STRATEGIES ............:...........................39
(a) Flextime Initiatives................................................................................. 39
(b) Transit and Ridesharing ........................................................................40
(c) Bicycle/Pedestrian Systems.................................................................. 40
(d) The Transit Corridor..............................................................................41
(e) Park and Ride Spaces...........................................................................43
(f) Williamson Boulevard/Dedication and Development............................. 43
16. ARCHAEOLOGICAL RESOURCES - NOTIFICATION AND REPORTING
REQUiREMENTS.... .... .... ................................................................................ .44
17. ENERGy......................................................................................................... .45
18. LANDSCAPING STANDARDS ........................................ ........ .................... .....47
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TABLE OF CONTENTS
( continued)
Page
VI. POLICE, FIRE AND EMS SERVICES ..........................................................................50
VII. COMMUNITY DEVELOPMENT DiSTRiCT............... .............................................. ..... 50
VIII. LOCAL MONITORING .......................................................... .......................................50
IX. COMPLIANCE DATES.......................... ................................................................... ....51
X. DOWN ZONING, UNIT DENSITY REDUCTION OR INTENSITY REDUCTION...........51
XI. BIENNIAL REPORTING REQUiREMENT................... .................................................51
XII. MODIFICATIONS TO DEVELOPMENT ORDER .........................................................52
XIII. RECORDING.................................................................... ...........................................52
XIV. DEVELOPER'S CONSENT............ .............................................................................. 52
XV. APPLICABLE LAW. ...... .................................................... ............................................ 53
XVI. EFFECTIVE DATE........... .................................... ........................................................53
EXHIBITS
"A" LEGAL DESCRIPTION
liB" MAP "H" MASTER PLAN
'c" MAP "H_1" AUXILIARY MASTER PLAN
liD" EQUIVALENCY MATRIX (LAND USE EXCHANGE TABLE)
liE" WETLANDS MAP
"F" WILLIAMSON BOULEVARD/CROSS SECTION AND PLAN VIEW
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1
2
3
4
5
6
7
8
9
10
11
12
13
This instrument prepared by
and after recording return to:
Ted R. Brown, Esq.
Baker & Hostetler, LLP
200 South Orange Ave., Suite 2300
Orlando, Florida 32801
------------------------------[SPACE ABOVE THIS LINE FOR RECORDING DATA]------------------------
DEVELOPMENT ORDER
RESTORATION DEVELOPMENT OF REGIONAL IMPACT
I. FINDINGS OF FACT
14
15
16
17
18
19
The City Council of the City of Edgewater, Florida hereby makes the following Findings of Fact,
to-wit:
1. The Master Developer, whose principal place of business is at 300 International
Parkway, Suite 130, Lake Mary, Florida 32746, has filed the ADA with respect to the Property
located in Volusia County, Florida.
20
21
22
2. The Master Developer has the authority to file the ADA and to obtain a development
order with respect to the Property in accordance with Chapter 380.06, Florida Statutes. The
Property subject to this Development Order is described on Exhibit "A" attached hereto.
23
24
25
3. The proposed development constitutes a Development of Regional Impact pursuant
to the standards set forth in Chapter 380.06, Florida Statutes, and the Florida Administrative
Code.
26
4. The Property does not lie within an area of critical state concern.
27
28
29
30
5. The ADA has been reviewed by the ECFRPC who, after balancing the identified
regionally significant impacts associated with each of the criteria of Chapter 380.06(12)(a),
Florida Statutes, recommended that the Restoration DRI be approved subject to certain
conditions.
31
32
6. The City Council, as the governing body of the City of Edgewater with jurisdiction
over the Property pursuant to Chapter 380.06, Florida Statutes, is authorized and empowered to
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1 consider an ADA filed by the Master Developer.
2 7. Public hearings, as required by Chapter 380.06, Florida Statutes, have been duly
3 noticed and held as follows.
4 (a) On January 14, 2009, the City Planning and Zoning Board held a duly
5 noticed public hearing on the ADA for the Property and recommended that the
6 City Council approve the ADA. Testimony was taken and considered by the
7 Planning and Zoning Board.
8 (b) On January 26, 2009, the City Council held a duly noticed public hearing
9 to consider on first reading the ADA submitted by the Master Developer for the
10 Restoration development. On February 2, 2009 the City Council held a duly
11 noticed public hearing to consider on second reading the ADA submitted by the
12 Master Developer for the Restoration development. At both City Council
13 hearings testimony was taken and considered.
14 8. The City Council has received and considered the Assessment Report of the
15 ECFRPC and this Development Order is substantially consistent with the recommendations and
16 report of the ECFRPC.
17 9. The City has processed and approved an application to amend the City of Edgewater
18 Comprehensive Plan in conjunction with the ADA. The application requested the following:
19 (1) an amendment creating a new Sustainable Community Development
20 District ("SCD") land use category and its accompanying goals, objectives
21 and policies; (2) an amendment to the Future land Use Map to convert
22 approximately 5,187 acres from Volusia County Environmental Systems
23 Corridor and Forestry Resources to 4,568 acres of City SCD and 619
24 acres of City Conservation (collectively, the "Comprehensive Plan
25 Amendments").
26
27 10. The DCA, through issuance of the ORC Report dated October 28, 2008, noted its
28 objections, comments and recommendations to the proposed Comprehensive Plan Amendment
29 and the City has considered each of the same.
30 11. The development of the Restoration DRI, pursuant to the ADA, was determined to be
2
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1 consistent with the achievement of the objectives of the adopted state Comprehensive Plan,
2 Chapter 187, Florida Statutes, and the ECFRPC Regional Policy Plan and therefore will not
3 unreasonably interfere with those objectives.
4
II.
DEVELOPMENT PROGRAM
5 1. The proposed development of the Restoration DRI shall be in accordance with the
6 Master Development Plan - Map "H." (Attached as Exhibit "8")
7 2. The proposed development of the Restoration DRI consists of the following uses and
8 phasing plan:
9 Simplified Phasing Table: 10-2
10
Phase I Phase II .- Phase III Total - -.
Units StlFt Units StIR Units StlFt Units StI Ft
.. Single-Family 3,009
. 2,602 1,307
a:
I Single-Famlly 120 3aO 500
- Retail 30,056 30,056
:z:
i Multi-Family 500 541 1,041
---- ---.. ---"
S Retail 250,000 512.300 762,300
-- __nO _._-"
l 0lr1CO 348,_ 348,_
.- - ~--- -- - - ---
subIoIaI 500 250,000 450 860,760 950 1,110,780
Wrtcplc Office 218,237 745,310 963,547
Multi-Family 3,050 3,050
-- ---- --- .. --. --- --
u Retail 518,364 518,364
~ 011"", 592,416 592,416
-- ---- ---- ~. -.- - -
:subtotal 3.050 1,110,780 3,050 1_110,780
TOTAL 3,222 488237 2228 1.1138.148 3060 1110780 8500 3215183
Program Acreage
Element Percent
Acreaae olSile
Development 1078.5 22%
Schools 85 2%
Civic (including utility site) 18 0%
Major Rights of Way 74 1%
Lakes 346 7%
Activity Basad Open
Space
Adlve Paries and
Reaeation 16 0%
Resource Based Open
Space
Preserved Uplands and
Buffers 1,017.5 19%
Preserved V\letlands 2,514 49%
Utility Easement 38 1%
TOTAL
SITE 5187 100%
upel.l.d 118/09
3
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1 3. The Master Developer's authorized agent is Ted R. Brown, Esq., Baker & Hostetler,
2 LLP, 200 South Orange Avenue, Suite 2300, Orlando, Florida 32801.
3
III.
CONCLUSIONS OF LAW
4 Based upon the Findings of Fact, the City Council hereby makes the following
5 Conclusions of Law:
6 1. Development of the Restoration DRI will not interfere with the achievement of the
7 objectives of the State Comprehensive Plan applicable to the area encompassed by the ADA.
8 2. The Restoration DRI is consistent with the State Comprehensive Plan and with the
9 report and recommendations of the ECFRPC.
10 3. The Restoration DRI is consistent with the City's Comprehensive Plan.
11 NOW, THEREFORE, BE IT HEREBY ORDERED AND RESOLVED by the City Council
12 that, based upon the Findings of Fact and Conclusions of Law, the Restoration DRI is
13 APPROVED, pursuant to Chapter 380.06, Florida Statutes, and other applicable laws, and the
14 Ordinances and Regulations of the City of Edgewater, subject to the terms and conditions set
15 forth in this Development Order:
16
IV.
DEFINITIONS
17 1. ACOE -- Army Corps of Engineers.
18 2. Activity Based Open Space - is generally open space developed by the Developer
19 to provide areas for active and passive recreation in the post-development setting. Consult
20 SCD text for additional description.
21 3. ADA -- the Application for Development Approval for the Restoration DRI filed on
22 September 8, 2006, as supplemented by the Responses to Requests for Additional Information
23 dated March 5, 2007, November 26, 2007, June 4, 2008, September 3, 2008 and August 15,
24 2008.
25 4. ADTs -- Average Daily Trip End.
26 5. ADU - Accessory Dwelling Unit is a small flexible space, not to exceed 650 square
4
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1 feet of air conditioned space located above a garage that can be used as a guest cottage, a
2 "granny" flat, a home office, a recreation room or as a rental apartment.
3 6. AWS - Alternative Water Supply.
4 7. COD - Chapter 190, Florida Statutes, Community Development District.
5 8. CEA -- The Capacity Enhancement Agreement entered into between the Master
6 Developer, the Volusia County School Board, and the City, dated January 5,2009.
7 9. City or City of Edgewater -- the City of Edgewater, Florida, a municipal corporation.
8 10. County or Volusia County -- Volusia County, Florida, a political subdivision of the
9 State of Florida.
10 11. Comprehensive Plan -- City of Edgewater Comprehensive Plan.
11 12. Concurrency Management System -- Any and all ordinances, resolutions and
12 regulations that are or may be adopted by the City of Edgewater to implement the requirements
13 of ~ 163.3202 (2)(g), Florida Statutes.
14 13. CUP - Consumptive Use Permit.
15 14. DCA -- Florida Department of Community Affairs.
16 15. Developer - Any successor developer to the Master Developer who by reason of
17 acquiring an interest in the property assumes obligations pursuant to this Development Order,
18 but who is not the Master Developer.
19 16. DRI -- Development of Regional Impact.
20 17. ECFRPC -- East Central Florida Regional Planning Council.
21 18. Equivalency Matrix -- The matrix of land uses and trip equivalencies attached
22 hereto as Exhibit "0" and incorporated herein.
23 19. EPA -- United States Environmental Protection Agency.
24 20. FDEP -- Florida Department of Environmental Protection.
25 21. FOOT -- Florida Department of Transportation.
5
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1 22. FEMA -- Federal Emergency Management Agency.
2 23. FFWCC -- Florida Fish and Wildlife Conservation Commission.
3 24. FLUM - Future Land Use Map.
4 25. HERS - Home Energy Rating System (http://www.naturesnet.org).
5 26. Homeowners Association (HOA) -- An association or associations of all residential
6 property owners within Restoration organized pursuant to the requirements of Chapter 617,
7 Florida Statutes, (2007) to manage and administer designated common areas, including
8 conservation and preserve areas within Restoration.
9 27. LOMR - Letter of Map Revision.
10 28. LOS -- Level of Service.
11 29. Major Roads -- Roads or streets functionally classified as arterial or collector roads
12 and defined as regionally significant facilities within the DRIIADA.
13 30. Master Developer - Hammock Creek Green, LLC, a Delaware corporation, and its
14 successors or assigns.
15 31. Master Development Plan - Map "H" -- The Master Development Plan - Map "H"
16 contained in the ADA, a copy of which is attached hereto as Exhibit "S" and incorporated herein.
17 Map "H-1" (Exhibit "C").
18 32. NOPC -- Notice of Proposed Change filed pursuant to Chapter 380.0619, F.S.
19 33. ORC Report -- The Objections, Recommendations and Comments Report dated
20 October 29, 2008.
21 34. PREC - Program for Resource Efficient Communities, Institute of Food and
22 Agricultural Sciences, University of Florida.
23 35. Project -- The work and development to occur on the Property, as permitted through
24 this Development Order.
25 36. Property -- The real property subject to this Development Order as specifically
26 described in Exhibit "A" attached hereto and incorporated herein.
6
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1 37. Property Owner -- The persons and/or entities currently holding title to the real
2 property subject to this Development Order and each of its successors or assigns for any
3 portion of the Property.
4 38. Property Owners Association (UPOA") - An association or associations of all
5 commercial property owners within Restoration organized pursuant to the requirements of
6 Florida law to manage and administer designated common areas, including preservation and
7 conservation areas within Restoration.
8 39. Regional Roadway -- A roadway shall be considered "regional" if it is defined as
9 regional in the East Central Florida Regional Strategic Policy Plan or successor document.
10 40. Resource Based Open Space - is generally open space set aside for the
11 preservation and restoration and enhancement of environmental systems and includes lakes
12 used for the detention and retention of surface water. Consult SCD text for additional
13 description.
14 41. Restoration DRI -- The Restoration Development of Regional Impact.
15 42. SCD -- The City's Sustainable Community Development District land use category
16 and FLUM designation.
17 43. SJRWMD - St. Johns River Water Management District.
18 44. SMMP -- Site Mitigation and Management Plan.
19 45. TOD - Transit Oriented Design.
20 46. USFWS -- United States Fish and Wildlife Service.
21
V.
CONDITIONS OF APPROVAL
22 1. CONSISTENCY WITH FEDERAL AND STATE PERMITS. Development of the
23 Restoration DRI shall conform to the ADA and the conditions of approval set forth in this
24 Development Order. Development based upon this approval shall comply with all other
25 applicable Federal, state and county laws, ordinances and regulations which are incorporated
26 herein by reference.
27
7
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1 2. CONSISTENCY WITH THE ADA. The Restoration DRI shall be developed in
2 accordance with the information, data, plans and commitments contained in the ADA and
3 supplemental information provided by Responses to Requests for Additional Information and the
4 same are incorporated herein by reference, unless otherwise provided by the conditions of this
5 Development Order. This Development Order shall prevail over any conflicting information,
6 data, plan, or commitments. For purposes of this condition, the ADA shall consist of the
7 following items:
8
(a) ADA dated September 8,2006
9
10
(b) Responses to Requests for Additional Information #1 dated March 5,
2007
11
12
(c) Responses to Requests for Additional Information #2 dated November
26, 2007
13
(d) Responses to Requests for Additional Information #3 dated June 4,2008
14
15
(e) Responses to Requests for Additional Information #4 dated September 3,
2008
16
(f) Revised RAI #4 dated August 15, 2008
17 3. APPROVED DEVELOPMENT PROGRAM.
18 (a) Proiect Description: The Project is designed to be a mixed-use, transit
19 oriented sustainable community that will promote the preservation, restoration
20 and enhancement of open space and environmental systems while at the same
21 time employing quality architecture and New Urbanist design to ensure that the
22 built environment integrates into and works seamlessly with the natural
23 environment. The protocols set forth in this Development Order provide for the
24 attributes of transit oriented design and sustainability to be incorporated into and
25 become a part of the fabric of the community. Restoration will include a mix of
26 housing types and price points; will use a variety of energy and water saving
27 protocols to promote the reduction of greenhouse gases and conserve both
28 energy and water resources. Electric rail transit is the lynch pin facility that will
29 tie all segments of the community together and allow for compact development
8
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1
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3
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5
6
patterns and a tight hierarchy of streets. These design elements will serve to
discourage urban sprawl, foster connectivity and provide for a walkable
community. Commercial office development, schools and institutional uses will
be part of the land use mix. Because of their proximity to and integration with the
residential offerings, Restoration will have an enhanced ability to balance jobs
and housing.
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13
14
15
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17
18
19
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22
As provided for below, Restoration will consist of 8,500 residential units (4,409
single-family residential units and 4,091 multi-family residential units) together
with 3,215,163 square feet of non-residential uses. Additional acreage will be
dedicated for schools and other public infrastructure. Most importantly, some
sixty-eight percent (68%) or approximately 3,527 acres within Restoration shall
be set aside permanently as conservation lands that will be restored and
enhanced. Consistent with that undertaking, the conservation lands will be
permanently managed and protected through the placement of record of
appropriate conservation easements over the same so as to ensure that the
renewed attributes of the restored and enhanced lands remain intact and
appropriately cared for over time. The City will not have any responsibility for the
maintenance and management of the lands encumbered by conservation
easements. The balance of the Property will support the built environment
consistent with this Development Order.
(b) Total Acreage: 5,187 gross acres
23
(c)
Legal Description: Attached as Exhibit "A"
24
(d)
Master Development Plan: Map "H" attached as Exhibit "B"
25
(e)
Auxiliary Master Plan: Map "H-1" as Exhibit "C"
26
27
28
29
30
(f) Project Buildout: The Restoration DRI is to be developed as a three-
phase project with an anticipated buildout date of 2028. The Developer has
extended the time frames for phases and buildout by five (5) years as part of this
Development Order approval. This extension shall be viewed cumulatively with
any future extensions pursuant to Chapter 380.06(19)(c), Florida Statutes.
9
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1 4. ACCESSORY DWELLING UNITS. Accessory Dwelling Units ("ADUs") are
2 permitted in Restoration and may be used in a manner that is consistent with the definition of
3 the same herein. ADUs will not be counted as part of the density calculation for the
4 development, but they will be subject to school concurrency review. Trips shall be measured
5 and mitigated to the extent required as part of the Monitoring and Modeling process hereinafter
6 described. Neither the Master Developer, nor its successor, will pay impact fees on the AD Us
7 developed. A portion of the AD Us may be counted as part of the inventory of affordable
8 housing as hereinafter set forth. AD Us will not have separate utility infrastructure and metering,
9 as they are a subservient part of the dwelling unit. The total number of ADUs shall not exceed
10 twenty percent (20%) of the single-family housing inventory.
11 5. EQUIVALENCY MATRIX. The Developer may increase or decrease the amount of
12 a particular land use within the approved development program by using a Equivalency Matrix,
13 once approved and incorporated into the Development Order as an exhibit, which is based on
14 equivalent peak hour directional trip ends. Use of the Equivalency Matrix may increase or
15 decrease the total amount of each land use by no more than the amount allowed for in the
16 substantial deviation criteria identified in Chapter 380.06(19)(b) 1-14, Florida Statutes; unless
17 the Development Order is amended to accommodate such a change. Greater changes than
18 those discussed above shall be considered cumulatively, and shall be subject to normal
19 Development Order amendment processes. Additionally, the change must address changes to
20 potable water usage and identify if the potable water and sewer capacity and allocation under
21 the applicable consumptive use permit are available. Any time the Equivalency Matrix is to be
22 used, DCA, ECFRPC, the City of Edgewater, the City of New Smyrna Beach, Volusia County,
23 the FDOT, the SJRWMD, and the School Board of Volusia County must be provided notice of
24 the proposal at least sixty (60) days in advance of the change. Use of the Equivalency Matrix
25 will be reported on an individual and cumulative basis and Project impacts documented in the
26 biennial report. Any future Notice of Proposed Change ("NOPC") shall incorporate any changes
27 due to the use of the matrix.
28 6. PROJECT DESIGN GUIDELINES/JOBS TO HOUSING RATIO.
29 The Restoration DRI shall adhere to and further the design character outlined below:
30 (a) The Restoration DRI shall contain the mixture of uses designated within
31 the Restoration SCD land use classifications that provide for a balance of
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commercial, residential, recreational (active and passive) open space,
employment, resource protection, educational, institutional and other supporting
uses.
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(b) The Restoration DRI shall promote the preservation, restoration and
enhancement of open space and other environmental systems.
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(c) The Restoration DRI shall promote a design that is based on the
principles of "smart growth," Transit Oriented Design ("TOO") and New Urbanism,
including walkability, compact development patterns, quality architecture and
urban design and will contain a hierarchy of street systems to discourage urban
sprawl, foster connectivity, provide for pedestrian mobility and transit internal to
the Project.
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(d) The Restoration DRI shall promote diversity and choice through a mixture
of housing types and price points, including affordable housing as hereinafter set
forth.
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(e) The Restoration DRI shall utilize a number of sustainable development
techniques and promote the reduction of greenhouse gases as hereinafter more
particularly described.
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(f) The Restoration DRI shall promote the efficient and effective use of
infrastructure.
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(g) The Master Developer shall measure the jobs/housing ratio, after the
issuance of the final plats and/or commercial site plan approval as set forth
below. The designated ratios are goals, but if there has been insufficient
employment created pursuant to this section, the Master Developer shall confer
with the City and the ECFRPC and the Development Order may be requested to
be amended in such manner as the Master Developer, the City and the ECFRPC
deem appropriate. The decision to amend the Development Order so as to
provide a measure of relief from the goals established at (ii) through (iii) below
will be predicated on an assessment of the level and consistency of the effort and
activity of the Developer to attract jobs to the Project Site and the prospects for
making up any shortfall in achieving the goals as the development progresses.
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If, at check point (ii) or (Hi) it is determined that the shortfall is material and that
the efforts of the Master Developer to meet the jobs/housing ratio have not been
at a level and with a consistency that evidences a good faith effort to meet the
jobs/housing ratio, then the City may require appropriate mitigation to offset the
failure to meet the established goal or suspend the issuance of residential
building permits until targeted thresholds agreed to by and between the Master
Developer, the ECFRPC and the City are achieved.
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(i) After the issuance of final CO's for the occupancy of the 3,40Oth
residential unit.
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0.1 jobs per residential unit
(ii) After the issuance of final CO's for the occupancy of the 6,OOOth
residential unit.
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0.5 jobs per residential unit
(iii) After the issuance of final CO's for the occupancy of the 8,OOOth
residential unit.
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0.6 jobs per residential unit
(h)
At buildout 0.65 jobs per household shall be available within the project.
21 Prior to the issuance of final plat or final plan approval for residential units which exceed the
22 thresholds listed in (i) through (iii) above, the Master Developer must demonstrate that an
23 amount of nonresidential development has been constructed which will generate adequate
24 employment opportunities to meet the jobs-to-housing ratio provided in (i) through (Hi) above.
25 For purposes of making the jobs calculation, the Master Developer may consider all jobs
26 created both within Restoration and those within a three (3) mile radius of the external boundary
27 of Restoration. To document the same, the Master Developer must submit information which is
28 specific as to type of business or industry; Le., retail/office/industrial, and provide a map
29 showing the location of each nonresidential development which is included. For this purpose,
30 jobs created in the public sector, Le., Federal, state or local government including school jobs
31 whether private or public, shall be included. Development, which is under construction, may be
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1 included, provided that vertical construction will be completed within eighteen (18) months of the
2 date of submittal of the documentation to the reviewing agencies as specified below. The
3 Master Developer may demonstrate that jobs have been provided by surveying existing
4 businesses or by utilizing the following employment generation ratios.
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6 350 square feet of office = 1 job
7 600 square feet of retail/commercial = 1 job
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9 If any actual survey of existing nonresidential is utilized, the documentation must include
10 information on the name of the business, the date and the name, address and telephone
11 number of the individual supplying the information.
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13 The required documentation of survey results must be provided to the ECFRPC and the City for
14 review in each Biennial Report to determine compliance with the relevant conditions of this
15 Development Order as noted above and if the targets are not met, the City Master Developer
16 and ECFRPC shall confer pursuant to (g) above.
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18 7. FLOODPLAINS. A master stormwater management system will be designed and
19 constructed for the Restoration project. The system will be based on pre-development and
20 post-development evaluations of the 1 DO-year floodplain elevations and extents and will be
21 designed such that there are no increases to the floodplain elevation for off-site lands or parcels
22 resulting from the design storm event. Further review by county staff of the 1 DO-year floodplain
23 study shall be necessary to insure that there shall be no adverse impacts to the downstream
24 drainage basins that are within Volusia County. The floodplain study may require further
25 modifications and/or other engineering assurances to demonstrate consistency with recent
26 and/or historical flood stage observations, rainfall data, and the USGS recording station data.
27 The stormwater management system will be integrated with the nonpotable water supply
28 system.
29 To implement the plan, the 100-year floodplain will be managed using a site-wide
30 dynamic modeling methodology and a Letter of Map Revision ("LOMR") for existing conditions
31 will be submitted to FEMA and the SJRWMD to formally establish the floodplain elevation on the
32 Restoration site and in the immediate vicinity surrounding the Restoration site. Volusia County
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1 and the City of New Smyrna Beach will be provided a copy of the LOMR for informational
2 purposes.
3 The system will be designed to attenuate the 100-year interval, 24 hour duration design
4 storm event such that no increases to the elevations of off-site floodplains occur. In addition to
5 the minimum State standard of maintaining the existing peak flow rates, the applicant shall
6 demonstrate compliance with Volusia County Land Development Code, Section 804.01 (3) in
7 effect on the date of Development Order approval. A control regime will be established and
8 approved by Volusia County insuring that any impoundment for stormwater treatment and/or
9 improved wetland hydroperiod will not be discharged in a manner that adversely impacts the
10 downstream watersheds from a water quantity and water quality standpoint and ensures that
11 emergency discharges prior to any pending storm advisory are prohibited.
12 Existing and proposed impoundments to be developed within the Restoration boundaries
13 will detain flood waters on the property such that pre-development rates of discharge and off-
14 site flood elevations are not exceeded.
15 Base flood elevations in the post-developed condition will be established by an
16 additional LOMR. All habitable structures shall have their finished floor elevation set at
17 minimum of one foot above the established applicable base flood elevation.
18 8. NATURAL SYSTEMS AND RESOURCES.
19 (a) Habitat Conservation and Manaaement. Except as otherwise allowable
20 by this Development Order, or by permits obtained by the Master Developer from
21 anyone or more of the Florida Fish and Wildlife Conservation Commission
22 ("FFWCC"), the U.S. Army Corps of Engineers ("ACOE"), or the U.S. Fish and
23 Wildlife Service ("FWS"), site development activities on the Property shall not
24 result in the harming, pursuit or harassment of wildlife species classified as
25 endangered, threatened, or a species of special concern ("listed species") in
26 contravention of applicable State or Federal laws. Should such listed species be
27 at any time determined to be roosting or residing on, or otherwise significantly
28 dependant upon the Property, the Master Developer or Developer, as
29 appropriate, shall take all steps required by either State or Federal law, and the
30 regulations and rules implementing the same, to conduct all necessary
31 evaluations as to the impacts proposed as to any listed species and to provide
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appropriate protection to the listed species identified in conformity with and to the
satisfaction of all agencies of either the State or Federal government having
jurisdiction over the same. Further, the Master Developer, or Developer, as
appropriate, shall obtain such permits and licenses as are required under State
and/or Federal law to ensure that the development program contemplated by this
Development Order is in full compliance with all applicable laws and regulations
or rules implementing the same. The conservation, preservation and
management of existing regionally- and locally-significant natural resources,
including listed species, shall be accomplished through the ongoing process
described in the following paragraphs.
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(i) Habitat conservation and preservation activities shall be guided by
the Site Mitigation and Management Plan ("SMMP") that is prepared by
the Master Developer and submitted to the City together with the
"reviewing agencies," namely the SJRWMD, Volusia County, ECFRPC,
ACOE, USFWS and FFWCC for review and comment. The City will
provide a ninety (90) day review and comment period for reviewing
agencies, and if the reviewing agencies or anyone of them fail to
comment within the ninety (90) day period their right to further review and
comment on the SMMP shall be terminated except as noted below. If the
City receives comments from anyone or more of the reviewing agencies,
the comments will be promptly provided to the Master Developer who
shall bear the responsibility for responding to the same by advising both
the City and the reviewing agency that it (1) accepts the comments and
will adjust the terms and conditions of the SMMP to incorporate the
suggested changes, (2) accepts the comments with modifications or (3)
rejects the comments. The Master Developer will use its best efforts to
reach an accommodation with the reviewing agency to the end that both
the Master Developer and the reviewing agency accept the adjustments
proposed or modified through further review and discussion between the
reviewing agency, the Master Developer and the City. This supplemental
review process will extend the overall review of the SMMP for an
additional forty-five (45) days, but only those reviewing agencies that offer
comments shall have the benefit of the extension; all others shall be
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governed by the ninety (90) day deadline. To the extent anyone or more
of the reviewing agencies have a right independent of the SMMP review,
to review and comment on any other environmental permit required to be
obtained by the Master Developer, that agency's review of the required
permit application will be conducted pursuant to applicable law, rules and
regulations governing the same. The City will complete the entire review
process of the SMMP including the review by the reviewing agencies,
within ninety (90) days of submittal of the draft SMMP by the Master
Developer except as noted above. The scope of the City review is to
determine if the SMMP is consistent with the provisions of this
Development Order and applicable City ordinances. Comments received
from the reviewing agencies, if any, will be incorporated into the SMMP if
agreed to by the City, the ECFRPC and Master Developer. Otherwise
they will be incorporated as information items in the compliance letter
issued by the City, but will not constitute a basis for a determination of
noncompliance. The SMMP will be submitted as part of any initial ERP
application to the SJRWMD and/or the ACOE not later than one hundred
twenty (120) days following submission of the initial ERP application to
the SJRWMD. In the event City fails to respond within one hundred thirty-
five (135) days of receipt of the SMMP, the failure to issue a compliance
letter shall be construed to be a finding that the SMMP is in compliance
with the adopted Development Order. Unless the SMMP is approved
contemporaneously with this Development Order, then the SMMP will be
submitted and reviewed as a nonsubstantial deviation and processed as
a Notice of Proposed Change (NOPC).
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(ii) The issuance of environmental permits by anyone or more of the
identified reviewing agencies or in the case of the USFWS, the inclusion
of conditions in an ACOE permit, shall constitute certification that the
SMMP is consistent with and supportive of the terms and conditions
contained in the environmental permits.
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(iii) The City will not require any wildlife habitat or resource mitigation
measures other than required by any applicable state and federal
statutes, rules and regulations, this Development Order and the SMMP.
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(b) The Site Mitiaation and Manaaement Plan Components. The SMMP
shall, at a minimum, address the issues and components listed below, to wit:
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(i) promote regional planning for preservation, restoration and
management of habitats and wildlife on the project;
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(ii) protection of regionally significant Volusia Environmental Core
Overlay lands (Map "A") extending through the project site and
accompanying Spruce Creek Swamp floodplain;
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(iii) restore natural drainage on the site and improve local hydrological
connections;
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(iv)
provide protection of wetlands during construction activities;
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(v) preservation, restoration and management of upland habitats and
identification of recreation uses of conserved areas;
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(vi) provide adequate buffers for wetlands;
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(vii) provide for the removal of planted pine from wetlands;
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(viii) replanting wetlands as permitted;
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(ix) restoration of site hydrology to support restored wetlands;
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(x) convert pine plantations to a more natural upland and hydric pine
flatwood regime and institute prescribed burning to sustain hydric pine
flatwoods;
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(xi) provide a free standing bridge at the south end of the
Conservation Hamlet of approximately one thousand (1,000) feet in
length over the wetland area(s) to be crossed for access to the
Conservation Hamlet with a minimum clearance of twenty (20) feet for
wildlife movement and hydrologic connectivity. Additionally, the Master
Developer will provide a free standing bridge at the north end of the
Conservation Hamlet of sufficient height and length that the hydrologic
connectivity of the wetlands to be crossed is preserved and the
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functionality of the same as a wild life corridor is maintained. Accordingly,
the length and height of the bridges can be adjusted as final engineering
is completed, but the core idea of making certain that the bridges are of
sufficient length and height above grade to accomplish the desired effect
of minimizing impacts to the area to be crossed shall control the design of
the same;
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(xii) preserve habitats for protection as outlined in the SMMP for the
following:
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(1) Rugel's pawpaw
(2) Southern Bald eagle
(3) Florida black bear
(4) Swallow-tailed kites
(5) Gopher Tortoises
(6) other listed species and indigenous wildlife
(xiii) provide littoral zones planted with native plants adapted to site
conditions around selected stormwater management ponds and water
storage areas for wading bird usage;
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(xiv) establish entity, appropriate instruments (e.g., conservation
easements), and adequate funding to secure and manage preserved
areas in perpetuity;
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(xv) provide for resident education regarding the purpose and methods
of the SMMP including specific ways that the landscaping guidelines
described below in Section V.18 protect water and wildlife resources;
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(xvi) establish protocols for exotic and nuisance plant control;
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(xvii) provide for periodic monitoring and reporting of the outcomes
resulting from the utilization of the SMMP;
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(xviii) provide for management of gopher tortoises consistent with
applicable Florida law;
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(xix) provide for trash receptacle and dumpster program to manage
wildlife intrusion;
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(xx) provide for educational program for residents and business within
Restoration to aid in preventing human conflict with wildlife; and
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(xxi) provide for inclusion of additional protocols as hereinafter set
forth.
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(c) A composite exhibit will be prepared and included with the SMMP that
identifies all areas within the Restoration DRI that will be encumbered by
conservation easements to protect and preserve the natural resources within the
Restoration DR!. Conservation easements will be conveyed to appropriate
grantees after review and approval of the SJRWMD, ECFRPC, Volusia County
and the City. All conservation easements will name the City as a co-grantee but
the City will not have any responsibility for the costs associated with the
maintenance and management of the lands encumbered by the conservation
easements. All conservation easements will be in place and recorded in the
public records of Volusia County not later than the fifth (5th) anniversary of this
Development Order. Such grantees shall have the capacity and capability of
conserving the lands and resources contained within a prospective conservation
easement. The conservation lands and easements that encumber them shall be
consistent with the requirements set forth in the SCD Comprehensive Plan
Amendment. Information about the SMMP shall be recorded as part of the chain
of title for each parcel within Restoration DR!.
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(d) The SMMP shall also contain a plan for funding all aspects of the SMMP,
including, but not limited to, the long-term maintenance required for all habitat
management areas, habitat restoration, construction of eco-passages and
education, monitoring and enforcement of landscaping guidelines. The plan will
provide for the long-term availability of management funds that will not be subject
to homeowner or property owner referenda. A Master Property Owners
Association or other similar entity (a Community Development District, for
example) will be identified as the successor to the Master Developer for long-
term funding and implementation of the SMMP.
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1 (e) Any modifications to the SMMP that are approved via the ERP or Section
2 404 application review and approval process resulting in issuance of a permit
3 shall be incorporated into the SMMP by reference and reported in the Biennial
4 DRI report. All revised SMMP conditions and copies of the corresponding
5 permits giving rise to the revisions shall be provided to the City within sixty (60)
6 days of the issuance of said permit(s). To the extent either or both of the ERP or
7 Section 404 Permits contain terms and conditions that conflict with terms and
8 conditions of the SMMP, the terms and conditions of the ERP or Section 404
9 Permits are controlling and the SMMP shall be deemed to be amended so as to
10 conform to the terms and conditions of the ERP and Section 404 Permits.
11 9. WETLANDS.
12 (a) All development shall comply with the Rules, Regulations and permitting
13 standards of the City, the SJRWMD and the ACOE relative to development in or
14 adjacent to wetlands.
15 (b) Proposed wetland impacts on the site are shown on Exhibit "E" attached
16 to this Development Order. The wetland impacts shown on Exhibit "E" are
17 proposed under permits to be applied for and obtained from the SJRWMD and
18 the ACOE. Any modification of wetland impacts, including allowance or
19 relocation of impacts by either or both of the SJRWMD or the ACOE shall, to the
20 extent permitted, be deemed acceptable and such modifications shall be deemed
21 approved and incorporated by reference into this Development Order and the
22 SMMP.
23 (c) Unavoidable losses of wetlands as defined by the SJRWMD and the
24 ACOE, shall be mitigated through restoration, enhancement, creation or
25 preservation of wetlands and uplands within the Restoration boundaries and in
26 accordance with adopted rules and regulations of the SJRWMD and ACOE. The
27 mitigation criteria of the SJRWMD and ACOE, as modified from time to time and
28 as reflected in the SJRWMD and ACOE permits to be obtained shall be used in
29 implementing such mitigation requirements, together with any additional
30 restrictions, conditions and limitations contained in the construction permit(s)
31 issued by the SJRWMD thereafter. On-site wetland mitigation approved by the
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SJRWMD and the ACOE shall be set forth in the SMMP.
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(d) Upland buffers between on-site wetlands and any type of development or
land alteration shall,. to the extent possible, be fifty (50) feet on average and
twenty-five (25) feet minimum, but if not possible, the buffer shall default to the
standards established in accordance with SJRWMD approvals. Such buffers
shall be delineated with temporary construction fencing prior to construction to
allow these areas to be maintained with existing or restored native vegetation.
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(e) The on-site wetlands systems, upland buffers, and other areas
designated for conservation/preservation or on-site mitigation as identified
elsewhere in the SMMP in the SJRWMD and ACOE permits to be obtained shall
be regarded as preservation areas and identified as separate tracts in
accordance with the requirements of SJRWMD, the ACOE and the standards for
platting as applied by Volusia County and the City. Developmental uses of these
areas shall be restricted by Conservation Easements conveyed to the
appropriate grantees after review and approval of the SJRWMD, the ACOE, the
City and other applicable agencies having jurisdiction over the same. Volusia
County and the ECFRPC shall be provided copies of such easements. Use of
these areas shall be limited to nature trails and bikeways, elevated boardwalks,
installation and management of monitoring wells and production wells for potable
water and other uses permitted by the SJRWMD and the ACOE and which can
be constructed and maintained in such a manner that adverse impacts to
adjacent and nearby wetlands and habitat protection areas are avoided and
minimized. Maintenance of these areas will be as set forth in the SMMP and/or
permits authorizing their construction. Nothing in the language of the
Conservation Easement shall preclude the Developer or other entity designated
by the Developer from performing maintenance or management of these lands
as long as these activities are consistent with the protocols set forth in SMMP
and/or the permits issued by the SJRWMD and the ACOE.
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(f) All preservation areas, upland buffers and mitigation areas shall be
platted as tracts and/or easements with development rights eliminated except as
noted in e. above. All such areas will be administered and managed by the
Master Developer or an HOA, POA, CDD or other legal entity consistent with the
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requirements of the SMMP and/or the permits issued by the SJRWMD and the
ACOE. If an HOA, POA or COD or other legal entity administers and/or the
Grantee of the Conservation Easement manages these areas, then it shall have
the power to assess and lien property owners within the Restoration
development for the purpose of ensuring adequate funding to implement the
purposes set forth herein and in the SMMP unless other alternative and
adequate funding mechanisms are put in place.
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1 O. WATER SUPPLY AND WATER QUALITY.
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(a) The City of Edgewater Consumptive Use Permit authorizes the City to
produce water in amounts that are adequate to support the development of
Phase 1 of the Restoration development without compromising the City's
obligation under separate Interlocal Agreements to provide up to 450,000 GPO to
Volusia County. Accordingly, the City will, at the Developer's expense provide
water to the Restoration development through Phase 1. However, the
Restoration Project shall not proceed past the development of Phase 1 until an
adequate water supply source is identified that will support the amount of
development proposed for each subsequent phase as demonstrated through an
appropriate modification to the City of Edgewater Consumptive Use Permit or the
designation of an Alternative Water Supply source that is approved by the
SJRWMD and the City of Edgewater without compromising the preexisting
obligations to meet the needs of current retail and wholesale customers and
including its current obligation to the County. The City does not guarantee the
availability of water supply beyond the levels currently authorized under its
existing CUP, or through its preexisting agreements. The Master Developer
recognizes that future water supply production must be addressed and agrees to
participate with the City in the development of the same, including AWS.
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(b) To augment water supply, the Master Developer shall develop and
implement a quantifiable water conservation best management practices
"protocol" to be considered as a part of an "Alternative Water Supply." It will set
water budgets that describe and specify the reduced service levels to be
achieved in potable water use and the mechanisms to be employed in order to
accomplish the same including, without limitation, specified reductions in irrigated
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areas within the build envelope of the Project. Such protocols will be subject to
the review and approval of the SJRWMD, ECFRPC and the City.
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. (c) The Master Developer shall address pesticide and nutrient control within
the Restoration DRI by developing a program that is consistent with the
University of Florida's Florida Yards and Neighborhoods ("FYN") Recognition
Checklist (January 2007 version) or to a comparable landscape standard
determined in cooperation with PREC or another comparable, credible agency.
The program shall be referenced and incorporated into the SMMP, and where
appropriate, in a COD or a Homeowners or Master Property Owners Association
Covenants, Conditions and Restrictions ("CCRs").
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(d) The CCRs will include a requirement obligating the POA or the HOA for
ongoing education within the Restoration community to include as an example
(1) a requirement that all homebuyers and subsequent purchasers be given
copies of the landscaping standards in the form of an Operations and
Maintenance Manual, and (2) provision for the incorporation of interactive
environmental education materials accompanied by a website with current
environmental education content for the Restoration community.
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(e) The Master Developer or a legal operating entity established in
accordance with the SJRWMD Basis of Review criteria will monitor and maintain
stormwater management, lakes, ditches, wetlands and preserved uplands after
establishing baseline conditions consistent with the environmental permits to be
obtained from the SJRWMD and the ACOE. To the extent required by the
permits aforesaid, the Master Developer will report on the monitoring results in
each Biennial DRI report and will use the same to modify homeowner education
and landscaping source control guidelines as needed.
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(f) The Master Developer and all other developers doing work within the
Restoration DRI will employ best management practices for erosion and turbidity
control and these practices must be detailed on construction plans that are
subject to review by the City of Edgewater.
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(g) The provisions of Florida Water Star-sM Silver certification program as
administered by the SJRWMD and published in January 2009 shall apply to
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development within Restoration. Updates or revisions to January 2009 Silver
version, if adopted, shall govern and apply to Restoration to the fullest extent
practicable.
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(h) The Master Developer will integrate both source control and treatment
train approaches to protecting wetlands and water quality through (1) source
control measures specified as a requirement in the landscaping standards and
accompanied with monitoring and reporting in the Biennial DRI reports for a
period of six (6) years after completion of the system described here, and (2) full
integration of a series of ecologically enhanced stormwater basin style wetlands
approved by the SJRWMD into the stormwater management plan. The Master
Developer will consult with representatives of the University of Florida/Institute for
Food and Agricultural Sciences ("US/IFAS") to develop these criteria more fully
and the outcome of this consultation will be reported in the first Biennial Report
required herein.
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(i) To meet non-potable water use demands of the Project, the development
shall use the following sources in order of priority noted for surface irrigation of
common and private areas (including residential landscaping) unless prohibited
by the SJRWMD or other regulatory agency having jurisdiction over the use of
non-potable water:
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(i) Treated wastewater or reclaimed water made available to the
Property by the City or surface water stored on-site in surface water
storage ponds or other sources of stormwater reuse.
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(ii) Potable water may be used in residential lots only if no lesser
quality source is available and then only for so long as is reasonably
necessary to either allow grow in of new plant material or to sustain
existing plant material.
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(iii) All water used for irrigation, whether reclaimed or potable, will
require as a condition of use that soil moisture sensors or other smart
irrigation technology be employed so as to manage flows and distribution
of water. The methodology to be employed shall be reported in the first
Biennial Report required herein. Verification of the use and proper
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1
2
functioning of these technologies will be conducted and reported in
subsequent Biennial Reports.
3
4
U) The Developer shall obtain water and wastewater services from the City
subject to the City's prevailing rate resolutions and ordinances.
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(k) Prior to construction approval, the Master Developer shall enter into a
written agreement with the City to address the provision of infrastructure needed
to supply reclaimed water from the City's wastewater treatment facilities to the
Project in order to allow the project to meet the conditions in paragraph (i) above.
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(I) The Master Developer shall provide for the installation of reuse
infrastructure necessary to serve all irrigated areas within the Project along with
the installation of utility infrastructure for the Project, provided, however, the City
shall have no obligation to provide reuse water to the Master Developer or the
Development in excess of that which is available to the Master Developer or the
Development in the ordinary course from the City's wastewater treatment
facilities. The Master Developer will bear the cost of the design and construction
of the reuse lines required to service the Project unless the City requires that
such reuse lines be oversized to accommodate uses outside the Project, in which
case the City will pay the cost associated with such oversizing.
19
11. PUBLIC FACILITIES.
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(a) Sites sufficient for Fire, Emergency Operations, EMS, Police and utility
services will be provided to the City by the Master Developer within the Project in
locations to be mutually agreed upon and the Master Developer will coordinate
with the City to design and construct these facilities. For buildings to be
constructed other than utility buildings, the Master Developer will pay the costs of
the external shell of all buildings and the City shall pay the costs of the interior
partitions, furniture, fixtures and equipment. The solid waste transfer station,
water storage tank and wastewater expansion facility and the buildings that
support the same shall be paid for by the Master Developer. In addition, the
Master Developer shall locate a site suitable for a new city hall or an adjunct city
hall at a location to be determined by the City and Master Developer and shall
dedicate such site to the City provided the City elects to relocate the city hall or
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adjunct city hall within Restoration. If located within the Restoration site, the
Master Developer will also design and construct the new city hall or adjunct city
hall, at its sole cost and expense, exclusive of furniture, fixtures and equipment,
and dedicate such city hall facility to the City. If the City determines not to
relocate city hall to the Restoration site, but elects to locate city hall on lands
outside of Restoration, then the Master Developer will make a one time financial
contribution to the City for the development of the new city hall in an amount that
represents twenty percent (20%) of the cost of design and construction of the
external shell of the new city hall not to exceed Seven Hundred Fifty Thousand
Dollars ($750,000). In addition to the Utility Site, four (4) well locations will be
reserved on-site in the locations shown on Map "H-1," Exhibit "C." The Utility Site
will also allow room for a solid waste transfer facility, a water storage tank and a
wastewater expansion facility. The well locations as currently shown on Map "H-
1" will be subject to appropriate testing to determine the probable productivity of
the locations. If the locations shown on Map "H-1" prove, after appropriate
testing, to not meet ordinary production criteria either for quantity or quality, then
the Master Developer will cooperate with the City in an attempt to locate
alternative well sites within Restoration to accommodate the requirement set
forth in this section. The cost of any testing undertaken by the City in order to
determine the suitability of anyone or more of the proposed well sites for the
production of both the quantity and quality of potable water will be paid for by the
Master Developer to the extent that such water is to be used in Restoration,
otherwise the Master Developer will pay only its proportionate fair share of the
costs of testing.
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(b) The City will reasonably cooperate with the Master Developer to build the
facilities identified in the locations provided or otherwise agreed upon in a
manner and form that is supportive of the architectural and landscape protocols
established by the Master Developer in those locations within the Restoration
DR!. These will include compliance with the protocols established for work in
natural/preserve areas as set forth in the SMMP as the same may be amended
by the SJRWMD and USACOE permits to be obtained and as the same may be
memorialized in the conservation easements.
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(c)
The potable water supply system will be designed as a hydraulically
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1 efficient, looped distribution system with adequately sized lines to provide fire
2 protection. The Master Developer will be responsible for and pay the cost of the
3 design and construction of all potable water lines necessary to service the
4 Project unless the City requests that lines installed or to be installed by the
5 Master Developer are to be oversized to accommodate additional development
6 outside of Restoration. In the latter event, the City will be paying the cost for
7 oversizing such water lines.
8 (d) The Master Developer shall be responsible to design, construct and pay
9 for sewer line(s) to service the Project. The sewer line(s) will run from the
10 nearest appropriate location as determined by the Master Developer and the City
11 to the Project. So long as said sewer line(s) serves only the Project, the City
12 shall not contribute any costs for the same. If the City requests that the sewer
13 line(s) to be constructed pursuant to this provision be oversized to accommodate
14 lands outside the boundaries of Restoration, then the City shall pay all cost
15 associated with such oversizing.
16 (e) The City will provide potable water, sanitary sewer service and reuse
17 service to Restoration subject to the terms and conditions set forth herein.
18 12. AFFORDABLE HOUSING. The Affordable Housing Analysis prepared for the
19 Restoration DRI ADA using the approved ECFRPC methodology concluded that affordable
20 housing may be required in all phases of the Restoration development. The methodology to
21 determine the number of and product types of on-site affordable housing units that may be
22 required will be governed by the City's Land Development Code and/or PUD Agreement.
23 However, should the City not have an adopted work-force housing ordinance in place prior to
24 such time as affordable housing is warranted within the Project, the Master Developer shall
25 conduct a study to determine very low, low and moderate income housing needs using the then
26 applicable ECFRPC Affordable Housing Methodology. Additional studies shall be conducted for
27 all future phases prior to their commencement. If the ECFRPC methodology is applied,
28 compliance with the ECFRPC methodology shall also mean meeting the requirements to
29 appropriately mitigate impacts for all phases as identified in said methodology, however, the
30 preferred mitigation is construction of workforce or affordable housing within the Restoration
31 DR!. Regardless, the Developer will target not less than ten percent (10%) of the residential
32 development evenly distributed within each phase to be constructed as either for sale or rental
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1 housing product that is attainable by those persons whose incomes fall between eighty percent
2 (80%) and one hundred forty percent (140%) of the Volusia County's Average Median Income.
3 Continuing affordability provisions may, if appropriate, be included in the leasing agreements,
4 deed for the land or other applicable mechanisms. The Restoration DRI can mitigate for very
5 low and/or low affordable housing deficiencies with accessory dwelling units. The total number
6 of the ADUs, available for credit against the affordable housing required is four hundred (400).
7 13. SCHOOLS. The Restoration DRI shall comply with the terms of the CEA entered
8 into between the Master Developer, the Volusia County School Soard, and the City. In order to
9 mitigate the impact of the students to be generated from development of the Restoration DRI,
10 pursuant to the terms of the CEA Developer shall convey to School Soard property consisting of
11 approximately eighty-five (85) acres. This land dedication and conveyance is anticipated to
12 allow for two non-adjacent school sites located in separate portions of the Property and in the
13 locations depicted generally on the Master Development Plan, Map "H" (Exhibit "S"). The
14 Master Developer shall comply with the timing and conveyance procedures delineated in the
15 CEA, and shall be entitled to school impact fee credits in accordance with the procedures
16 delineated therein. (See Article V, Section 70-181 (b)(3), Volusia County Code.}
17 At any time that the Master Developer or a subsequent Developer on the Property elects
18 to convert commercial land use to residential land use via the land use conversion matrix, the
19 additional impacts to the public school system shall be reviewed and addressed by the School
20 Soard of Volusia County.
21 14. TRANSPORTATION.
22 (a) The Restoration DRI is to be developed as a Transit Oriented
23 Development ("TOO") consisting of a compact mixed-use undertaking coupled
24 with the development and operation of an electric fixed rail transit system within
25 the Transit Corridor also known as Williamson Soulevard. Sy doing so, it is
26 expected that Restoration will lower levels of automobile use per capita and give
27 rise to shorter trips when the automobile is used. The combined effect of
28 compact TOD development and the presence of a significant alternative mode of
29 transportation in the form of fixed rail electric transit is expected to give rise to a
30 lowering of Vehicle Miles Traveled ("VMT") per capita and therefore greater use
31 of the proposed alternative mode of transportation; the rail transit within
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1
Restoration.
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(b) Prior to the issuance of any certificates of occupancy, the Master
Developer shall provide 150 feet of right-of-way for and construct a four-lane
extension of Indian River Boulevard, herein referred to as the Indian River
Boulevard Extension, from Williamson Boulevard to the intersection at the 1-95
Southbound Ramps (a distance of approximately one mile). The City shall grant
full vesting for the project with respect to impacts to Indian River Boulevard
Extension through build out of Phase III (11,245 total PM Peak-Hour Trips).
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(c) An agreement pertaining to improvement #5 in the table shall be entered
into between Volusia County and the Master Developer within twelve (12)
months after the effective date of the Development Order for this project. An
agreement pertaining to improvements 1, 2, 3, 4, 6, and 7 shall be entered into
between the Florida Department of Transportation, and the Master Developer
prior to adoption of this Development Order by the City and said agreement shall
be transmitted with this Development Order to the DCA. Said agreement(s) shall
address the manner in which the project impacts pertaining to those
improvements identified in the attached table will be mitigated. The value of the
project's proportionate-share shall be calculated in accordance with the agreed
upon costs and the proportionate-share percentages identified in the table below.
The agreements shall address the timing of mitigation payments, the option of
pipelining proportionate share mitigation fees, and any provisions for
transportation impact fee credits against proportionate share and mitigation fees.
Separate agreements may be entered into with one or more parties and the
Master Developer.
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Upon the Master Developer's entering into an agreement pertaining to
improvements 1, 2, and 3 identified in the table, then the development shall be
vested with respect to impacts to the interchange at State Road 442 and 1-95
through all development that cumulatively generates no more than 2,220 two-
way PM peak-hour trips or 1,243 PM peak-hour directional trips on the Indian
River Boulevard Extension immediately west of the 1-95 Southbound Ramps.
Additionally, the Restoration DRI shall implement an annual traffic count program
to measure external project trips leaving the site, commencing one year following
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the M&M Study for Phase 2a and continuing through completion of Phase 2b of
the development program. The annual counts will quantify project trips traveling
through the interchange of S.R. 442/1-95. The methodology for the data
collection shall be coordinated with the FOOT, Volusia County, and the City of
Edgewater. The City of Edgewater will provide notice of findings to the City of
New Smyrna Beach. However, should volumes on Indian River Blvd. West of 1-
95 exceed the Phase 2 threshold of 1,243 peak-hour peak-directional project
trips or 2,220 peak-hour two-way project trips, no further building permits shall be
issued until it can be demonstrated that (1) adequate additional capacity exists
within the interchange area or (2) additional improvements are identified to
provide sufficient capacity and agreements are in place to mitigate the project's
impact.
Improvement
Proportionate-Share %
· S.R. 442 at 1-95 Interchange Improvements will produce the following intersection geometries
S.R. 442 at 1-95 SB Ramps
EB Approach: 2 through lanes and 1 through/right-turn lane (inside through lane to feed EBL at NB
Ramps intersection)
WB Approach: 2 through lanes and I left-turn lane
SB Approach: 2 left-turn lanes and I channelized right-turn lane
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14
S.R. 442 at 1-95 NB Ramps
EB Approach: 2 through lanes and I left-turn lane
WB Approach: 2 through lanes and I channelized right-turn lane
NB Approach: I left-turn lane and I channelized right-turn lane
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(d) The Restoration DRI shall be divided into the following vehicular traffic
phases and subphases based on reaching any of the following thresholds or
years, as indicated below. Identified in subsection (e) below are traffic mitigation
undertakings of the Master Developer as set forth.
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1
Phase & Daily Daily Trips External. External. Peak Peak Hour External. External.
Year Trips Cumulative Daily Daily Trips Hour Trips Peak Peak Hour
Trips Cumulative Trips Cumulative Hour Trips
Trips Cumulative
Phase 1 a 13,179 13,179 1,770 1,770 1,273 1,273
2013 18,610 18,610
Phase 1b 13,178 26,355 1,770 3,540 1,272 2,545
2018 18,609 37,219
Phase 2a 22,906 60,125 13,808 40,163 2,241 5,781 1,334 3,879
2021
Phase 2b 22,905 83,030 13,807 53,970 2,241 8,021 1,333 5,212
2023
Phase 3 31,978 114,828 3,439 57,409 3,224 11,245 409 5,621
2028
2 External trips reflect anticipated internalization reductions but not passer-by reductions
3 *See five-year extension provision at 3. f.
4
5 (e) Monitorina and Modelina. Prior to the initiation of Subphase 1 b,
6 Phase 2a, Phase 2b and Phase 3 as identified in the preceding paragraph, the
7 Master Developer shall conduct a monitoring/modeling program. This program
8 shall ascertain the Level of Service ("LOS") on facilities where the Restoration
9 DRI is estimated to contribute an amount of traffic greater than or equal to five
10 percent (5%) of the adopted LOS service volume. The methodology of the
11 monitoring/modeling program shall be agreed upon by the City of Edgewater, the
12 ECFRPC, Volusia County, the Florida Department of Transportation ("FDOT"),
13 and the Florida Department of Community Affairs ("DCA") and the Developer.
14 The City of New Smyrna Beach will be notified of said meetings and will be
15 provided a notice of findings. The depth of each monitoring and modeling effort
16 shall be similar to that required within an ADA (to include all subsequent phases
17 for projected roadway adversity testing) but shall be consistent with the
18 requirements of the City of Edgewater Concurrency Management Systems as it
19 relates to facilities within that jurisdiction. All studies and monitoring/modeling
20 programs shall be consistent with the ECFRPC's methodology. Empirical data
21 will be required to be collected for the monitoring and modeling program on
22 facilities where it is estimated that the project contributes an amount of traffic
23 greater than or equal to five percent (5%) of the adopted LOS maximum service
24 volume. This shall include an origin-destination survey to verify project trip
25 distribution on the external roadway network no earlier than seventy-five percent
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(75%) through any applicable Phase or Subphase. The origin-destination survey
shall also verify the percentage of project trips that travel to/from the
development currently known as Reflections. Concurrent with the timing of the
origin-destination study, a trip generation and internal capture study shall be
performed to verify trip generation and internal capture assumptions for the
development. A trip length study shall also be conducted to verify model results.
In the event that all parties cannot come to agreement on the methodology, the
ECFRPC, FOOT, the City of Edgewater and Volusia County shall be the final
arbiters. The City of Edgewater's decision shall be final as it relates to the City of
Edgewater facilities, the FOOT's decision shall be final on state facilities, Volusia
County's decision shall be final on Volusia County facilities and the ECFRPC's
decisions shall be final as it relates to all other facilities. The City of Edgewater
will provide notice of findings to the City of New Smyrna Beach. The study prior
to buildout will be for informational purposes only. Each M&M shall provide a
roadway needs analysis for each future phase as well as the phase being tested
for mitigation requirements.
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The facilities to be monitored/modeled for the next Phase or Subphase shall
include, but shall not be limited to, those segments of the regional roadways
listed below and one segment beyond where the Restoration DRI is estimated to
contribute a cumulative amount of traffic greater than or equal to five percent
(5%) of the adopted LOS service volume. The analyzed facilities will include
signalized intersections and link analyses of collector and higher classified
roadways and interchange ramps.
The City of Edgewater, the ECFRPC, Volusia County, the FOOT, and the DCA
shall have the right to make reasonable requests for additional information from
the Developer to verify adherence to these provisions. The Developer shall
supply adequate information toward compliance with these requirements.
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3 Candidate Roadways. for Monitoring/Modeling Study
Roadway From To
S.R.44 1-4. Magnolia Street
Sugar Mill Drive S.R.44 Pioneer Trail
S.R. 442 (Indian River Boulevard) Williamson Boulevard U.S. I
Fort Smith Boulevard Howland Boulevard S.R.415
S. R. 415/Tomoka Farms Road Howland Boulevard Pioneer Trail
1-95 S. R. 442 U.S. 92
Old Mission Road/Mission Drive S. R. 442 S.R.44
U.S. I/S.R. 5 Falcon A venue/Riverside Drive S.R. 442
Dunlawton Avenue Taylor Road Spruce Creek Road
Airport Road S.R.44 Pioneer Trail
Taylor Road 1-95 Clyde Morris Boulevard
4 * Intersection analyses of all roadways and ramps shall be included
5
6 (f) Monitorina and Modelina Results/Mitiaation. The Restoration DRI
7 shall not commence beyond Phase 1 b (an equivalent of 2,940 external peak hour
8 trip ends) into Phase 2 or from Subphase 2a into Subphase 2b or from Phase 2b
9 into Phase 3 when service levels are below the minimum service level adopted in
10 the applicable local government's comprehensive plan during the peak hour and
11 the project contributes, or is projected to contribute with the next phase of traffic,
12 five percent (5%) of the adopted LOS service volume of the roadway or
13 intersection as determined by the monitoring program required in the preceding
14 condition, unless mitigation measures and/or improvements are secured and
15 committed for completion of construction during the phase in which the impacts
16 occur. The schedule of required roadway improvements shall be tied to the
17 development level at which the improvement is needed within each subphase.
18 The Development Order shall be amended to incorporate the required
19 improvements and the commensurate trip level by which the improvement is
20 needed to support project development.
21 Consistent with the foregoing, Restoration will conduct a modified M&M study at
22 the end of Subphase 1 a for the purpose of providing an interim look at the
23 impacts of Restoration on the regional transportation system. This additional
24 M&M study is for informational purposes only and no further mitigation or road-
25 way improvements shall be required until the M&M results demonstrate the need
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for the same at the Phase break point between Phase 1 b and Phase 2a and
between Phase 2a and Phase 2b and between Phase 2b and Phase 3.
For the purposes of this Development Order, adequate "secured and committed"
mitigation measures shall include one of the following:
(i) A roadway improvement scheduled for construction within the first
three (3) years of the appropriate local government's adopted
comprehensive plan capital improvement element (or as otherwise
provided in the applicable jurisdiction's capital improvement element); a
roadway improvement scheduled for construction within the first three (3)
years of the FDOT's five-year Work Program.
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(ii) A binding financially secured and irrevocable commitment by the
Master Developer or other appropriate persons or entities for the design,
engineering, land acquisition and actual construction of the necessary
improvements coupled with the posting of a cash bond, surety bond,
irrevocable letter of credit, escrow account or other security in a form
acceptable to the agency of jurisdiction within the next three (3) years and
incorporated by reference into the development order.
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21
(iii) Any other mitigation option specifically provided for in this
development order.
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(iv) Any other mitigation option permitted by law, including a local
government development agreement consistent with Chapter 163, Florida
Statutes, which mitigates the projected impact and is incorporated into the
development order by amendment.
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(v) A proportionate share agreement provided by the Master
Developer pursuant to Rule 9J-2.045, F.A.C., and Chapter 380.06(15)(e),
Florida Statutes.
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These mitigation measures shall occur by the required threshold in order for the
project to proceed through the balance of the applicable phase. If the Developer
can demonstrate that a portion of a phase does not adversely affect the Regional
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Roadway network as determined by the monitoring and modeling tests discussed
above, then the Developer may proceed with that portion of the phase (and only
that portion).
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8
In the event that a roadway widening is identified which is not compatible with
adopted policy of the FDOT or local government (e.g., constrained), the
Developer, the City of Edgewater, or the party having either maintenance or
jurisdictional responsibility for the facility, together with the ECFRPC, shall
determine alternate mitigation solutions to provide for the movement of people.
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Toward the achievement of the objectives in the two preceding conditions, an
agreement(s) among the City of Edgewater, City of New Smyrna Beach, Volusia
County, the FDOT, Florida Turnpike and the Developer may be entered into
within twelve (12) months of the issuance of a development order for this project
by the City of Edgewater. Said agreement(s) shall address and clarify such
issues related to equity in the application of collected fees for transportation
improvements. Application of fees shall be on a fair share basis with respect to
the improvements to be provided and not solely on the basis of impact fees.
However, such an agreement would not alter or waive the provisions and
requirements of the other conditions of the Development Order as a mitigative
measure for the transportation impacts for the Restoration DR!. In the event that
one of the designated parties to the agreement (other than the Developer) fails to
execute said interlocal agreement(s) within the specified time, then the
Developer may proceed with the project based upon the monitoring/modeling
schedule and all other recommendations specified herein as it affects the non-
participating party. Separate agreements may be entered into with one or more
parties and the Developer.
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The following state and regionally significant roadway segments are projected to
be both significantly impacted by traffic from the Restoration DRI development
and to operate below the adopted LOS standard. Mitigation must be in place
prior to the Restoration DRI entering the designated phase unless the results of
the monitoring and modeling study document that mitigation is not required for
the development level requested for that phase. Alternative improvements may
also be presented based on future monitoring and modeling study results. This
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list shall be amended based upon the results of the Monitoring and Modeling
study as necessary and incorporated into the Development Order.
Roamwy I umb I~
Phase II
S.R44 1-95 to Gn:oe RmI v.ldon to 6
I.1re;
1-95 SR 4410 1-4IS.R 400 v.ldon to 6
I.1re;
USI ~ ni\elo S.R 442 v.ldon to 6
I.1re;
DclMtoo A......1e T3)l<r RmI to O)W Mnis Ib.dev.rd v.ldon 10 8
I.1re;
T3)l<rRml(S.R 421) 1-95 to Dnlawoo A......df3)l<r RmI Irtersedioo v.ldon to 4
I.1re; \\B
T3)l<r RmI Dnlawoo A-..n.e to O)W Mnis Boulev.ro v.ldon to 4
I.1re;
\\lIlialllOllhdev.rd Irdia1 RMr Ib.dev.rd to SR 44 I'ew 4 Un:
RmI
Phase III
S.R44 SR 41StoAiqut RmI v.ldon to 6
I.1re;
S.R 44 1-9510 Ms<;ioo ni\e v.ldon to 6
I.1re;
1.95 SR 44 to 1-4IS.R 400 v.ldon to 6
I.1re;
v.ldon to 4
1-95 I-4ISR 400 10 US 92 I.1re; J'.B axiS
I.1re; SB
ad Mssim RmI SR 442 toJooeP1ire SIred v.ldon 10 4
I.1re;
USI ~ni\etoSR 442 v.ldon to 6
I.1re;
QclMtoo A-..n.e T3)l<r RmIlo O)W Mnis Ihdev.rd v.ldon to 8
I.1re;
T3)l<rRml(SR 421) 1-95 to Dnlawoo A......dfll}l<r RmIlrtersedioo v.ldon 10 4
I.1re; \\B
T3)l<r RmI DdMtoo A-..n.e 10 O)W Mnis Ib.dev.rd v.ldon to 4
I.1re;
\\lItiam:n Ihdev.rd Irdia1 RMr Ihdev.rd 10 SR 44 I'ew 4 Un:
RmI
Eight laning of roadways may not be compatible with state and local plans.
Transit operations or alternate parallel facility improvements should be
considered. A timeframe and responsible party for the implementation of the
following improvements shall be identified by the start date for each project
phase at the beginning of each phase.
If the monitoring/modeling results as set forth hereinabove show that
improvements must be made to roadway facilities, and if mitigation is not
provided as set forth in these conditions or as otherwise required pursuant to
Rule 9J-2.045(7), then prior to any construction of future phases and subject to
the provisions of Chapter 380.06(15)(e), Florida Statutes, the Developer, the City
of Edgewater and the entity with jurisdiction over the roadway facility may enter
into an agreement which ensures that
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(vi) a proportionate share payment is made by the Developer to the
appropriate entity(ies) to mitigate project impacts;
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(vii) said proportionate share payment shall be used by the appropriate
entity only for the design, engineering, right-of-way purchase, permitting
and/or construction of improvement to the segments/intersections for
which the payment is made; and
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(viii) said proportionate share payment by the Developer constitutes
adequate provision for the public facilities needed with respect to the road
segments to accommodate the impacts of the project through the phase
for which the proportionate share was calculated, as required by Chapter
380.15(e)(2), Florida Statutes. All such proportionate fair share
agreements shall be included in this DO by amendment pursuant to
Chapter 380.06(19), Florida Statutes. The formula to be used to
determine proportionate share contribution is as follows:
(DRI Trips)
SV Increase
x Cost = Proportionate Share
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For this formula, DRI Trips is the cumulative number of trips from the
development expected to reach the roadway during the peak hour from the
phase under development. Service Volume ("SV") increase is the change in
peak hour maximum service volume of the roadway resulting from construction of
the improvement necessary to maintain the desired level of service; and Cost of
Improvement is the cost (at the time of Developer payment) of constructing an
improvement necessary to maintain the desired level of service, including all
improvement associated costs (engineering design, right-of-way acquisition,
planning, engineering, inspection, and other associated physical development
costs directly required and associated with the construction of the improvement)
as determined by the governmental agency having maintenance obligations over
the roadway. Transit service and facilities shall be considered in the
proportionate share calculations.
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Notwithstanding any provision contained herein to the contrary, except as
specifically agreed in writing, the City of Edgewater, and the entity with
jurisdiction over the roadway facility shall have no financial responsibility to
contribute to or participate in the funding of the design, engineering, permitting,
and/or construction of roadway improvements.
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The monitoring and modeling required prior to each phase or subphase shall be
used to verify impacts from previous phases and to more accurately estimate
probable impacts from later phases. The M&M undertaken prior to Phase 2a
shall also assess full buildout. If necessary, the proportionate share amount will
be adjusted to reflect actual impacts from a phase and the more accurate
information, which will result from the estimates for later phases; provided,
however, that any impacts from prior phases which have been mitigated in
accordance with any of the methods set forth in this Development Order shall not
be included in any subsequent proportionate share calculations. If it is verified
that the roadway improvements mentioned above are still needed, then the
project shall not proceed into later phases until either the proportionate share
payment is made or the needed improvements are scheduled for construction in
the applicable entities' work program within the first three (3) years from the date
when impacts are estimated to be significant and adverse.
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If the parties cannot reach agreement independently prior to the date when
impacts are estimated to be significant and adverse, or if so desired by the
parties at any time, then the issues in dispute shall be submitted to the ECFRPC
for either voluntary mediation pursuant to its adopted dispute resolution process
or to binding arbitration pursuant to the rules and procedures of the American
Arbitration Association ("AAA") unless otherwise agreed by the parties in dispute.
The solutions recommended as a result of this process shall be implemented and
the DO amended pursuant to Chapter 380.06(19), Florida Statutes, to include
these solutions.
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In order to provide safe access and to preserve operational capacity, the need for
auxiliary turn lanes at project entrances and on-site intersections shall be
determined by the appropriate permitting agencies and if required installed by the
Master Developer. The Developer and the appropriate permitting agencies shall
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confirm the need for and the cost of signalization at the Project consistent with
policies of the City of Edgewater and the appropriate permitting agencies. Signal
costs and geometric improvements at project entrances and on-site intersections
are the financial responsibility of the Master Developer through project build out.
All such improvements shall be consistent with TOD protocols and pedestrian-
friendly design.
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The development plan will include multiple roadways through the Restoration
DRI in order to provide adequate capacity and alternative routes through the
development.
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(g) Fundina Contribution to S.R. 44. The Master Developer's
transportation analysis has indicated that there is no need for transportation
mitigation for S.R. 44 between Airport Road and 1-95 for Phase 1 of the project.
Despite this analysis, the Master Developer shall make a fair-share contribution
towards the six-Ianing of this section to be determined as a result of the
Southeast Volusia Regional Transportation Study and any resulting interlocal
agreement between the City of New Smyrna Beach, Florida Department of
Transportation, and other parties which establishes a fair share formula and
mitigation plan, as required by the Volusia Growth Management Commission, for
this particular roadway section. The payment shall be made contemporaneously
with payments of other developers subject to the interlocal agreement. In the
event that the six-Ianing of this section of S.R. 44 is not committed at the time of
future monitoring and modeling studies, this fair-share contribution shall be
applied as a credit against mitigation for future phases of the Restoration project
along the subject segment(s) of S.R. 44 for which payment is made. Should the
fair-share contribution exceed the project's proportionate share responsibility for
these same improvements as calculated in the future monitoring and modeling
studies, then consideration shall be given to applying such overpayment as a
credit towards the project's proportionate share for improvements to other
roadways and/or intersections.
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15. ALTERNATIVE TRANSPORTATION STRATEGIES.
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(a)
Flextime Initiatives.
The Master Developer and/or Developers
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developing in Restoration shall promote and encourage on-site employers to
offer variable work hours and flextime schedules for their employees as one
means of reducing peak hour travel demand. Acceptable methods for "promoting
and encouraging" include, but are not limited to; provisions in land sale contracts
and/or Covenants, Conditions and Restrictions encouraging retail, office and
institutional uses to offer variable work hour and flextime schedules to
employees; establishment of or participating in a Transportation Management
Association whose purposes include promoting and encouraging travel demand
management. The Master Developer shall select the method or methods for
compliance with this requirement prior to the sale of any land for retail, office or
institutional use, and will notify the City in writing of its selection and means of
implementing the selection and shall be included in Biennial Report. As part of
subsequent transportation modeling and monitoring programs for Phase 2 and
Phase 3, an inventory of employer-based, variable work hour and flextime
programs will be conducted, and the impact of the program evaluated in terms of
reductions in peak hour travel produced by the Project.
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(b) Transit and Ridesharina. The Master Developer and/or Developers
developing within Restoration shall promote the use of transit, and ridesharing
programs by tenants, residents and employees. Promotion of the use of such
programs may be accomplished through: the display of service schedules in
prominent public gathering areas and near service stops; preferential parking for
vans and cars that are part of a ridesharing program; publication of newsletters
delivered to tenants, residents and employees that provides ridesharing
information. As part of subsequent transportation modeling and monitoring
programs for Phase 2 and Phase 3, the rideshare program will be analyzed, and
the impact evaluated in terms of use and reductions in peak hour travel
attributable to the program.
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(c) Bicycle/Pedestrian Systems. In the interest of safety, and to promote
alternative forms of transportation consistent with the SCD designation, the
Master Developer shall provide the following bicycle and pedestrian systems:
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(i) The on-site bicycle systems shall be connected into any adjacent
external bicycle systems existing at the time of construction.
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(ii) Protected walkways shall be designed into the front of non-
residential structures along Williamson Boulevard to the maximum extent
practicable, but such provision shall not be construed so as to create a
mandatory design element, but to create a heightened sensitivity to
ensuring cover from the elements for pedestrians walking on Williamson
Boulevard.
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(iii) In all areas of the Restoration DRI, where cycling will be
accomplished on both sidewalk/bikeways and streets, appropriate
signage identifying bike routes shall be installed.
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(iv) Special consideration shall be given to bikeways connecting
neighboring residential areas to employment and commercial areas.
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(v) Bicycle support facilities, such as covered parking and lockers,
shall be provided at commercial areas and work areas.
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(vi) Improvements to area roadways should be encouraged to
incorporate bicycle and pedestrian facilities that are internal to the
Restoration DRI. New roadways or reconstructed roadways approaching
the Property shall include bicycle facilities.
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(d) The Transit Corridor. The Master Developer or its successor shall
participate in the design, funding, preparation and implementation of a Transit
Corridor Plan for the Restoration development as the same is shown on
Exhibit "B" attached. The Master Developer, and the City together with other
service agencies identified by the same as necessary or desirable participants
will undertake the preparation of this plan for the development of an electric fixed
rail transit system (transit system) within Restoration. The phasing of the electric
transit system, including a risk management plan, the sources of capital for the
plan, design, development and operation of the transit system will be the
responsibility of the Master Developer, and neither the City of Edgewater nor
Volusia County shall have any financial responsibility for the transit system. The
Transit Corridor Plan shall be submitted to and reviewed by the City, Volusia
County, and the ECFRPC within three (3) years following the approval of this
Development Order and shall be adopted as part of the Development Order
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through a Chapter 380.06(19), Florida Statutes, NOPC. Such proceeding is
deemed not be a substantial deviation. The Transit Corridor Plan contemplated
by this condition envisions a fixed rail, electric train system that will be completed
and operational by the end of Phase 2. The Transit Corridor Plan shall be
submitted to Volusia County, New Smyrna Beach and FOOT for review and
comment. Comments received from the same shall be incorporated in the
Transit Corridor Plan to the extent possible giving due consideration to costs,
logistics and existing technologies.
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The funding for the development of the transit system will be identified at the time
of submission of the Transit Corridor Plan described herein and if construction of
the transit system is not commenced consistent with the terms of the Transit
Corridor Plan such that it can be completed and operational by the end of Phase
2 (force majeure excepted), then such failure shall be a substantial deviation as
defined under Chapter 380.06(19) Florida Statutes, and the Master Developer
must seek regional review for the failure to construct the transit system.
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Restoration and the Master Developer after completion of the required M&M
Study at the end of Phase 2 may request that Volusia County, FOOT, the City of
Edgewater, and any other jurisdiction whose roadways or intersections are
significantly and adversely impacted by the Restoration DRI consider the Master
Developer's commitment to fund the ongoing operation and maintenance cost
("O&M") of the transit system as constituting a proportionate share payment in
lieu of funding the equivalent cost of roadway mitigation requirements otherwise
applicable at the commencement of Phase 3. FOOT Strategic Intermodal
System ("SIS") facilities are excluded from this consideration and must be
mitigated per the Master Developer's proportionate share responsibility under
applicable Florida Statutes. If the impacted parties do not agree to accept the
Master Developer's obligation to fund the O&M cost of the transit system as a
proportionate share payment in lieu of funding the transportation/roadway
mitigation requirements calculated at the M&M study prior to proceeding into
Phase 3, the Restoration DRI shall proceed to mitigate its transportation roadway
impacts in the ordinary course. Nothing contained herein would preclude one or
more of the substantially and adversely affected parties from agreeing to such a
waiver in whole or in part. The inclusion of this provision does not constitute an
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endorsement by the reviewing agencies and will require additional review and
consideration at the time of the M&M study prior to proceeding into Phase 3.
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(e) Park and Ride Spaces. The Developer shall coordinate with the City of
Edgewater and property owners to ensure the provision of park and ride spaces
on site. At least three hundred (300) unassigned vehicle parking spaces shall be
provided and may be shared with parking for commercial land uses. The park
and ride spaces shall be proximate to the transit system when established with at
least half being within the northern commercial parcels and the balance in the
Town Center.
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Williamson BoulevardlDedication and Development.
(f)
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(i) Dedication of right-of-way for Williamson Boulevard. The Master
Developer shall convey unencumbered title to right-of-way intended to
support the proposed Williamson Boulevard transportation improvements
as described on the Master Development Plan - Map "H." The
conveyance shall be made at the direction of the City and Volusia County
as provided below:
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The Master Developer shall convey a right-of-way not to exceed
190 feet in width for Williamson Boulevard. Additionally, the
Master Developer shall conveyor otherwise set aside sufficient
land area to accommodate the stormwater management
requirements for Williamson Boulevard. The maximum number of
travel lanes for any section of Williamson Boulevard shall not
exceed six (6). The Master Developer shall complete the
conveyance of the Williamson Boulevard right-of-way upon the
completion of the design, construction and acceptance of the
completed Williamson Boulevard by Volusia County, subsequent
to coordination of review and comment from the City, in
accordance with its protocols unless otherwise agreed.
Williamson Boulevard will be completed by the end of Phase 2a.
The dimensions and alignments of Williamson Boulevard shall be
in conformance with the overall need for continuous, direct, and
(1 )
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efficient vehicular movement from surrounding areas of the City
and County through the Restoration DRI, coupled with the need to
support and further the concept of a pedestrian oriented and
transit ready roadway to serve the community as outlined in this
Development Order. Williamson Boulevard transportation
improvements contemplated in this Development Order shall be
designed and built in substantial conformity with the Williamson
Boulevard plan view and cross-section as shown on Exhibit "F"
attached hereto, and as described in the Transportation Corridor
Plan above.
(2)
The Restoration DRI shall not commence beyond Phase 2
(an equivalent of 5,212 external peak hour trip ends) into Phase 3
until the Williamson Boulevard improvements within the
Restoration DRI are constructed and operationally sufficient to
support the traffic generated by the Restoration development.
Notwithstanding any of the foregoing, however, the following rights
are reserved to the Master Developer: (a) to ultimately
incorporate the stormwater runoff from the Williamson Boulevard
improvements into a master drainage system for the Restoration
DRI; and (b) to make minor adjustments to any of the right-of-way
that has been dedicated to the City and/or County if final
engineering plans require the same.
(3)
The Master Developer will reserve and set aside in its planning an
additional right-ot-way eighty (80) teet in width which shall align
with Park Avenue east of 1-95 and connect into Williamson
Boulevard to allow tor the potential of another point of access to
Restoration across 1-95. Other than this reservation of right-of-
way, neither Restoration nor the Master Developer shall have any
responsibility for the design, construction or operation of this
additional right-of-way unless otherwise agreed.
16. ARCHAEOLOGICAL RESOURCES
NOTIFICATION AND REPORTING
REQUIREMENTS. The Master Developer, or any other subsequent Developer developing
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1 within the Project, shall notify, or ensure the notification of construction personnel, through
2 posted advisories or other methods, of the potential for artifact discoveries on the Restoration
3 site and to report suspected findings to the project manager. In the event of discovery of
4 artifacts of historic or archaeological significance during project construction, the Master
5 Developer and/or subsequent Developer shall immediately halt any construction activity within
6 one hundred fifty (150) feet of the location of any discovery that has the potential to adversely
7 affect the archeological find; and will, within three (3) business days of the discovery of artifacts
8 notify the City and the Division of Historical Resources ("DHR") of the Florida Department of
9 State. Thereafter, the Master Developer and/or Developer will coordinate the evaluation of the
1 0 artifacts with review agencies and provide any professional assistance necessary to document,
11 relocate, preserve or conserve the site and/or physical artifacts; provide proper protection of the
12 discovery in accordance with applicable law; and provide a written report to the agencies listed
13 above documenting the results of the site evaluation and mitigation/preservation actions
14 proposed or completed. The process and actions described above shall not extend beyond
15 exceed one hundred twenty (120) days to allow evaluation of the site, and, thereafter, the
16 Master Developer or Developer may continue with development.
17 17. ENERGY.
18 (a) Florida Power & Light will provide electrical power to Restoration, but the
19 master Developer reserves the right to undertake, in conformity with all
20 applicable laws, the construction of a sustainable energy generation project to
21 either augment or replace in whole or in part, the power to be supplied by Florida
22 Power & Light.
23 (b) The Master Developer will require through the CCRs that all commercial
24 buildings within Restoration be designed and constructed following "green"
25 building practices. These include, but are not limited to LEED certification or
26 Florida Green Building Coalition Commercial Standard certification for
27 commercial structures to be developed at Restoration. All Residential Structures
28 shall meet the requirements of either the USGBC LEED for Homes, or the FGBC
29 Green Home Designation Standard. Substitute third-party programs deemed
30 comparable by the PREC or other comparable credible agency, and/or a series
31 of sustainability protocols determined in cooperation with PREC or other credible
32 agency may be substituted for the identified programs. Any substitute program
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will be reported in the Biennial Report.
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(c) All homes will use Energy Star Reflective Roof Products to minimize the
"heat island" effect. This is to be accomplished by using light colored roofing
materials that have Solar Reflective Index ("SRI") value equal to or greater than
SRI 78 for a low-sloped roof; SRI 29 for a steep-sloped roof. All homes will be
pre-plumbed to the roof deck for future solar thermal hot water; pre-wired to the
roof deck for future solar photovoltaic installations and all duct work and air
handlers will be in conditioned space.
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(d) For common public amenities (street lights, lift stations, traffic signals)
design or purchase equipment to comply with the ASHRAE/IESNA 90.1-2004
Standards. The Developer will benchmark energy use of conventional
equipment to reduce consumption.
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(e) Reduce light pollution so that all outside luminaries are shielded and/or
meet the Full Cutoff IESNA Classification. The Developer shall use the
ASHRAlIESNA Standard 90.1-2004, Exterior Lighting Section as a guide in
dealing with "dark skies" operational protocols for Restoration.
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(f) All residential units will be designed and constructed to achieve a HERS
Index score of seventy (70) or lower in compliance with the U.S. Department of
Energy Builder Challenge program.
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(g) For the residential portion of the Development, the Master Developer or
Developer will provide information to the purchasers of the same on a variety of
energy saving options for utilization in the home.
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(h) On the buildings where the Master Developer is not undertaking the
construction, the Master Developer will condition the sale of the land on the
Developer adhering to a like set of protocols to be included in the design,
construction and operation of the same. The Master Developer will report in the
first Biennial Report to be filed following the approval of building plans for
construction how and to what extent it has been able to meet anyone or more of
these goals in the design, construction and operation of the Project. This report
will be for informational purposes only but will be used to determine when
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education is needed to reduce post-occupancy energy usage to specified
standards and to determine if adjustments are needed in building practices of
future homes to achieve performance goals.
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18. LANDSCAPING STANDARDS.
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(a) The Master Developer will, in cooperation with the City, develop
landscape standards for the development of Restoration that have the goal of
minimal to no added inputs of water and synthetic fertilizers and pesticides and
memorialize the agreements relative to the same in the SMMP to be processed
and approved as a subsequent part of this Development Order. Additionally,
landscape standards are contemplated to be part of a PUD Agreement to be
adopted subsequent to this Development Order. As a minimum water
conservation standard, all homes shall be Florida Water Starsm Silver certified.
The landscape program shall be referenced in the CCRs and administered by
either a HOA, POA or a CDD to be formed.
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All residential landscapes shall be substantially designed, installed and managed
in accordance with the University of Florida's Florida Yards & Neighborhoods
Recognition Checklist (January 2007 version). Conditions conducive to low
maintenance landscapes with minimal need for fertilizer, pesticides and irrigation
will be maintained and enhanced through landscaping standards that require
minimizing soil compaction during construction to the extent practicable, and
protecting and conserving existing soils and vegetation or amending and aerating
soils as needed before landscape installation.
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To ensure homeowners are in compliance with the requirements for minimal to
no added inputs of water and synthetic fertilizers and pesticides, the
POA/HOA/CDD covenants, in providing for long-term funding of conservation
measures on-site, shall include provision for a third party field contractor/on-site
naturalist for long-term environmental monitoring (including water quality, potable
water usage and biodiversity) and education to ensure environmental goals are
met. The third party field contractor/on-site naturalist will also monitor the
operation and maintenance of landscaping and stormwater management
systems. The POA/HOA or CDD shall provide additional community education
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and/or enforcement through CCRs of existing or new rules as necessary to
correct any deficiency. The field contractor/on-site naturalist shall provide an
annual report of community compliance with landscape source control standards
to the Master Developer who shall, if appropriate, report to the appropriate
regulatory bodies.
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Where recreational, common area and commercial areas are irrigated, all
irrigation water will be from stormwater reuse and/or reclaimed water sources
and all permanent in-ground irrigation systems will be fitted with a functioning ET-
controller (Evapotranspiration Controller) or soil moisture sensor controller, as
described in the Field Guide to Soil Moisture Sensor Use in Florida (University of
Florida and SJRWMD).
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The community design and landscaping standards shall incorporate a long-term
plan for development of a tree canopy (sufficient to provide shade for at least
thirty percent (30%) of the landscape at maturity), which once mature will reduce
the need for irrigation in the community.
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(b) The plant material for use in the landscape program shall be comprised
primarily of drought tolerant plants adapted to local conditions. Plant materials
shall be selected from the SJRWMD Water Wise Plant Guide, or the University of
Florida's Florida Friendly Plant List, or other similarly acceptable or locally
available plant material lists. Nothing contained herein shall preclude the Master
Developer from utilizing ornamental or decorative plants that are not classified as
drought tolerant, however, in all events, the landscaping of Restoration will be
seventy-five percent (75%) drought tolerant vegetation adapted to the conditions
present. The Master Developer will be expected to develop, in cooperation with
the City, a planting palette as a part of the Design Guidelines to be made a part
of the SMMP and PUD Agreement incident to this Development Order and within
the Design Guidelines specify the nature and extent of both the plant materials to
be used in landscaping the Property. In no event will St. Augustine grass be
used in Restoration.
30
31
(c) Fertilizer application practices will be consistent with and utilize the Best
Management Plan titled "Florida Yard and Neighborhoods Recognition Checklist"
48
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Page: 4096
1
2
3
(January 2007 version). The referenced guidelines will be incorporated into the
SMMP and the PUD Agreement and will control the development and
implementation of the landscape management process.
4
5
6
7
8
9
(d) All landscaped open space areas shall be replanted using plants
authorized in the SMMP and the PUD Agreement to be adopted as part of this
Development Order. In all events, however, the plants listed on the most current
edition of Florida Exotic Pest Plant Council's List of Invasive Plant Species are
prohibited for use as a part of the landscape palette and cannot be used as a
part of the landscape material to be installed on the Project site.
10
11
12
13
(e) Plant material used for landscaping will conform to the standards for
Florida Number 1, or better as given in Grades and Standards for Nursery Plants
(1998 or latest) and Grades and Standards for Nursery Plants Florida
Department of Agriculture and Consumer Services, Tallahassee, Florida.
14
15
16
17
18
19
20
21
22
(f) In preparation for the development of Restoration the Master Developer
will, to the extent reasonably feasible, identify and inventory the large specimen
trees (defined to be hardwood trees with a minimum 36" dbh) within the build
envelope of the Project and prepare the same for relocation into the built
environment of Restoration as part of the landscape plan. The identified trees
will be root pruned, balled and stored until transplanting is appropriate during the
construction of Restoration. The Master Developer will identify and label
specimen trees to be preserved in place within and without the build envelope of
the Project.
23
24
25
26
27
28
29
30
(g) Integrated Pest Management ("IPM") will be a priority over other
commercially-accepted pest control methods. IPM may involve the prevention of
pests through appropriate landscape designs, diversity of plant material
monitoring of sites for pest related problems, determining when a problem needs
attention and taking appropriate action with the least amount of environmental
impact. IPM will maximize the use of biological controls, organic pest control
methods, insecticidal soaps, and fish oils beneficial for lowering the
environmental impact of pest control.
49
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Instrument' 2009-031094 # 58
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Page: 4097
1
VI.
POLICE, FIRE AND EMS SERVICES
2
1. Police, fire and EMS service will be provided by the City.
3
VII.
COMMUNITY DEVELOPMENT DISTRICT
4 1. The Master Developer may, in its discretion, elect to petition for the formation of a
5 Community Development District to serve all or a portion of the Project pursuant to Chapter 190,
6 Florida Statutes, as the same may be in effect from time to time. The City hereby gives its
7 approval that such a district may be formed to undertake the construction and/or funding of all or
8 any of the mitigation and public infrastructure projects for which the Master Developer is
9 responsible under the terms of this Development Order, whether within or outside the
10 boundaries of the District to be formed, and including the payment of mitigation amounts
11 provided for in this Development Order or any permits obtained by the Master Developer as a
12 part of and incident to the development contemplated by this Development Order. Furthermore,
13 such a District may also assume the requirements of any Development Order Condition of
14 Approval so long as the responsibilities are consistent with the provisions of Chapter 190,
15 Florida Statutes, and the District Charter. This provision shall not be construed to require the
16 approval of any petition to form such a District, nor shall it be construed to require the formation
17 of such a District, but it shall be construed to suggest that if the Master Developer elects to form
18 such a District, the City will not oppose the formation of the same in the absence of a
19 demonstrable showing by a clear preponderance of the evidence that the formation of such a
20 COD would be contrary to the public interest and the health, safety and welfare of the City and
21 its residents. Absent such showing the Petition to form a COD will be approved in the ordinary
22 course in accordance with the requirements of Chapter 190, Florida Statutes.
23
VIII. LOCAL MONITORING
24 1. The City shall be responsible for monitoring the development and enforcing the
25 provisions of this Development Order. The City shall not issue any permits or approvals or
26 provide any extensions of services if the Master Developer fails to act in substantial compliance
27 with this Development Order.
28 2. The established review and approval process for review of development as
29 established pursuant to the City Code and PUD Agreement shall constitute the monitoring
30 procedures for assuring compliance with this Development Order, as specified in Chapter
50
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Book: 6324
Page: 4098
1 380.06(15)(c)1, Florida Statutes. The local official responsible for compliance by the Master
2 Developer with this Development Order shall be either the City Manager or the City
3 Development Services Director or the City Development Services Director's designee.
4
IX.
COMPLIANCE DATES
5 The Master Developer shall commence physical development of either five percent (5%)
6 of Phase 1 of the Project (Le., one hundred seventy-two (172) [residential units, commercial
7 square footage, etc.] or equivalent peak-hour directional trip ends) within five (5) years after the
8 effective date of this Development Order, otherwise this Development Order shall expire. The
9 Master Developer and the City estimate that approximately twenty (20) years will be required to
10 complete the development described in this Development Order. Accordingly, this Development
11 Order shall terminate on February 2, 2029; provided, however, effectiveness of this
12 Development Order may be extended on the City's finding of excusable delay, and no adverse
13 impacts resulting from the delay, in any proposed development activity, consistent with the
14 substantial deviation provisions of Chapter 380.06(19), Florida Statutes. The termination date
15 of development rights granted by this Development Order shall not affect the continuing
16 obligations of the Master Developer or the enforcement authority of the City or the DCA, and the
17 Master Developer shall continue to be bound by the terms, general provisions and conditions of
18 this Development Order as they apply to development initiated up to the time of termination.
19
X.
DOWN ZONING. UNIT DENSITY REDUCTION OR INTENSITY REDUCTION.
20 Until 2033, the approved development described in this Development Order shall not be
21 subject to down zoning, unit density reduction or intensity reduction unless the City can
22 demonstrate that substantial changes in the conditions underlying the approval of this
23 Development Order have occurred, or that this Development Order was based upon
24 substantially inaccurate information provided by the Developer, or that the change is clearly
25 established by the City to be essential to the public health, safety and welfare.
26
XI.
BIENNIAL REPORTING REQUIREMENT
27 In accordance with Chapter 380.06(18), Florida Statutes, the Master Developer, its
28 successors or assigns, shall submit a biennial report on or before the two year anniversary date
29 of this Development Order and in every other or second year thereafter during the buildout of
30 the Project (the "Biennial Report"). The Biennial Report shall be submitted to the City, the
51
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Page: 4099
1 ECFRPC, the DCA, all affected planning agencies and any other affected permitting agencies
2 formally requesting copies of the same in writing to the Master Developer. The contents of the
3 Biennial Report shall comply with the relevant conditions of approval of this Development Order,
4 Chapter 380.06(18), Florida Statutes, Rule 9J-2.025(7), F.A.C, and any and all other and further
5 information required under applicable law. The Biennial Report shall include a statement that all
6 persons/agencies listed above or otherwise entitled to receive the Biennial Report have been
7 sent copies and the failure to timely submit the Biennial Report may subject the Master
8 Developer and the Restoration DRI to the temporary suspension of this Development Order in
9 accordance with Chapter 380.06(18), Florida Statutes.
10
XII.
MODIFICATIONS TO DEVELOPMENT ORDER
11 The Master Developer shall submit, simultaneously, to the City, the ECFRPC, and the
12 DCA any requests for approval of a proposed change to this Development Order. This
13 submission shall be in a format established by the DCA and shall include, at a minimum, the
14 precise language which is proposed for deletion or addition to the Development Order and a
15 statement summarizing all previous changes that have been made to the Development Order.
16 The Master Developer shall fully comply with Chapter 380.06(19), Florida Statutes, regarding
17 substantial deviations.
18
XIII. RECORDING
19 This Development Order, and any subsequent amendments to this Development Order,
20 shall be recorded by the Master Developer in accordance with Chapter 28.222, Florida Statutes,
21 with the Clerk of the Circuit Court for Volusia County, Florida, at the Master Developer's
22 expense, immediately after the effective date of this Development Order, or any subsequent
23 amendment, in compliance with Chapter 380.06(15)(f), Florida Statutes. The recording of this
24 Development Order shall not constitute a lien, cloud, or encumbrance on the Property, or actual
25 or constructive notice of any such lien, cloud or encumbrance.
26
XIV. DEVELOPER'S CONSENT
27 The Master Developer, by executing this Development Order, acknowledges that this
28 Development Order is binding upon the Property, and that the conditions of approval contained
29 herein apply to and control all further development of the Property, and that the conditions of
52
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Book: 6324
Page: 4100
1 approval run with the land and are therefore applicable to and shall be complied with by any
2 subsequent purchaser, owner or assignee of any portion of the Property.
3
xv. APPLICABLE LAW
4 Development based upon this approval shall comply with all other applicable federal,
5 state and county laws, ordinances and regulations, which are incorporated herein by reference,
6 except to the extent the applicable laws, ordinances, and regulations are expressly waived or
7 modified by these conditions, or by action of the City Council.
8
XVI. EFFECTIVE DATE
9 This Development Order shall take effect upon transmittal by First Class Certified
10 U.S. Mail, return receipt requested, or other comparable express delivery service, to the
11 ECFRPC and the DCA.
12
13
14 [SIGNATURE BLOCKS APPEAR ON FOllOWING PAGES.]
15
16
53
079826,000001,102542851.11
1/27/09
1
2
Instrument# 2009-031094 . 62
Book: 6324
Page: 4101
PASSED A~r;JPPROVED ,BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA THIS a DAY OFle.hc.LinJ>'f' 2009.
3
4
5 ATTEST:
6
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16 tA{Lu...~tJ s. ANS4j ,City Attorney
17
18 STATE OF FLORIDA
19
20 COUNTY OF VOLUSIA
21
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32
CITY OF EDGEWA TER, FLORIDA,
a municipal corporation
APPROVED:
MA1YOR
"
1\ _
( \ r I
. \, ~
By: \ Michael Thomas
Vv--'
The foregoing instrument was acknowledged before me this '3 rc:J day of re bn.Jo...l\::-f
2009, by Michael Thomas on behalf of the City of Edgewater, a Florida municipal corporation.
He is~onallY known to mDr has produced as identification and
who [ ] did~d not take an oath.
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079826,000001,102542851,11
1/27109
~~
Notary Public, State of Florida
et? i 5 Q 6/ 0<::lrY"' .e- v
Name Typed or Printed
55
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Witness Signature
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Print Name
kt
079826,000001,102542851.11
1/27/09
Instrument# 2009-031094 # 63
Book: 6324
Page: 4102
HAMMOCK CREEK GREEN, LLC,
a Delaware limited liability company
By: Hammock Creek Green Holdco, LLC,
a Delaware limited liability company, its sole
member
By: GS Florida Green Land, LLC, a
Delaware limited liability company,
its sole member
By: GS Florida, LLP, a Florida
limited liability partnership, its Asset
Manager
By:
Title: V;? 6e#C/Z~i ;1/~t'1L
56
Instrument# 2009-031094 # 64
Book: 6324
Page: 4103
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STATE OF FLORIDA
COUNTY OF Vol uS '0--
On this J'..f.--r day of F.e..hrutl 1'-1 , 2009, before me personally appeared
l) D "-0.../ d }",",~(lY ~ ,as V p G. (.}'\.l ,0. ( hYjr. of GS Florida, LLP, a Florida
limited liability partnership, as Asset Manager of GS Florida Green Land, LLC, a Florida limited
liability company, as sole member of Hammock Creek Green Holdco, LLC, a Delaware limited
liability company, as sole member of Hammock Creek Green, LLC, a Delaware limited liability
. .P- .. If S ,~ I ~ ~ f~ --0
company, on behalf of the company, ( y.) who produced R. 7>r. J....'c. (Yl(oJo as Identification
or <-> who is personally known to me.
12
13
Witness my hand and official seal in the State and County aforesaid, this II-H.. day of
F~ht"'(M. r'j , 2009.
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My Council Expires: _ .:t ~. -
- *. March 3 2010 . -
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Name Typed or Printed
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Notary Public, State of Florida
t., .r 6... 61 Oo~~
57
079826,000001,102542851.11
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Instrument# 2009-031094 # 65
Book: 6324
Page: 4104
EXHIBIT "A"
Legal Description
079826,000001,102542851.11
1/27/09
Instrument. 2009-031094 # 66
Book: 6324
Page: 4105
EXHIBIT "A"
Legal Destription
CITY OF EDGEW A TER
PORTION OF THE RESTORA nON PROJECT
CONTAINING 5187.045 ACRES
(BASED ON SURVEY PREPARED BY DANIEL W. CORY, PSM
DATED - REVISED DECEMBER 7,2007)
DESCRIPTION:
A portion of the South 1/2 of the Southeast 1/4 of Section 32, Township 17 South, Range 33
East; the South 1/2 of the Southwest 1/4 of Section 33, Township 17 South, Range 33 East; the
Southeast 1/4 and the South 1/2 of the Northeast 1/4 of Section 34, Township 17 South, Range
33 East; U.S. Lots 1,2,3,4, 5, 6 and 7, Section 1, Township 18 South, Range 33 East; U.S. Lots
1, 2, 3, 4, 6, 9, 10, 11 and 12, Section 2, Township 18 South, Range 33 East; U.S. Lots 1 and 6,
Section 3, Township 18 South, Range 33 East; AND U.S. Lots 8 and 9, the Southwest 1/4 and
the Southeast 1/4 of Section 6, Township 18 South, Range 34 East, all being in Volusia County,
Florida, being described as follows: Commence at the Southwest corner of said Section 2; thence
North 89014'48" East, along the South line of said Section 2, a distance of 1492.34 feet for the
POINT OF BEGINNING; thence North 02053'33" West, a distance of 1524.17 feet to a point of
curvature; thence 8560.65 feet along the arc of a curve to the left, said curve having a radius of
13,883.28 feet, a central angle of 35019'46" and a chord of 8425.67 feet which bears North
20033'27" West to a point of reverse curvature; thence 1391.17 feet along the arc of a curve to
the right, said curve having a radius of 16,116.72 feet, a central angle of 4056'44" and a chord of
1390.74 feet which bears North 35044'57" West to the North line of said South 1/2 of the
Southeast 1/4 of Section 32; thence North 88048'27" East along said North line of the South 1/2
of the Southeast 1/4 of Section 32 and along a line non-tangent to the last described curve, a
distance of 276.32 feet; thence 1224.25 feet along the arc of a curve to the left being non-tangent
with the last described line, said curve having a radius of 15,883.28 feet, a central angle of
4024'58" and chord of 1223.95 feet which bears South 36000'50" East to a point of reverse
curvature; thence 2384.62 feet along the arc of a curve to the right, said curve having a radius of
14,116.72 feet, a central angle of 9040'43" and a chord of 2381.79 feet which bears South
33022'58" East; thence North 61054'23" East, along a line non-tangent and non-radial to said
curve, a distance of 177.80 feet to a point of curvature; thence 7098.59 feet along the arc of a
curve to the right, said curve having a radius of 6860.86 feet, a central angle of 59016'52" and
chord of 6786.17 feet which bears South 88027'11" East to a point of reverse curvature; thence
1627.27 feet along the arc of a curve to the left, said curve having a radius of 2829.14 feet, a
central angle of 32057'20" and a chord of 1604.93 feet which bears South 75017'25" East; thence
480.12 feet along the arc of a curve to the right being non-tangent with the last described curve,
said curve having a radius of 3666.72 feet, a central angle of 7030'08" and a chord of 479.77 feet
which bears North 10023'50" West to a point of compound curvature; thence 2782.07 feet along
the arc of a curve to the right, said curve having a radius of 28,116.72 feet, a central angle of
5040'09" and a chord of 2780.94 feet which bears North 03048'41" West to a point of reverse
curvature; thence 3173.57 feet along the arc of a curve to the left, said curve having a radius of
10,383.28 feet, a central angle of 17030'43" and a chord of 3161.24 feet which bears North
09043'58" West to the North line of said South 1/2 of the Northeast 1/4 of Section 34; thence
C:INrPorthl\SOI..lCITORSIOMONSONI102649382. I.ooe (.0025(RC/jdv.Crealed 011 1/512009 11:28:00 AM. Lasl prinled 1/5/2009
11:30:00 AM
Page 1 of 5
Instrument. 2009-031094 , 67
Book: 6324
Page: 4106
North 88035'24" East along said North line of the South 1/2 of the Northeast 1/4 of Section 34
and along a line non-tangent to the last described curve, a distance of 243.96 feet; thence
3173.28 feet along the arc of a curve to the right being non-tangent with the last described line,
said curve having a radius of 10,616.72 feet, a central angle of 17007'31" and a chord of 3161.48
feet which bears South 09032'22" East to a point of reverse curvature; thence 2758.98 feet along
the arc of a curve to the left, said curve having a radius of 27,883.28 feet, a central angle of
5040'09" and a chord of 2757.85 feet which bears South 03048'41" East to a point of compound
curvature; thence 2519.59 feet along the arc of a curve to the left, said curve having a radius of
3433.28 feet, a central angle of 42002'52" and a chord of 2463.43 feet which bears South
27040' II" East to a point of reverse curvature; thence 2417.59 feet along the arc of a curve to the
right, said curve having a radius of 5116.72 feet, a central angel of 27004'18" and a chord of
2395.16 feet which bears South 35009'29" East to a point of reverse curvature; thence 2457.30
feet along the arc of a curve to the left, said curve having a radius of 5883.28 feet, a central angle
of 23055'52" and a chord of 2439.48 feet which bears South 33035'16" East to a point of
tangency; thence South 45033'12" East, a distance of 530.97 feet to a point of curvature; thence
874.22 feet along the arc of a curve to the right, said curve having a radius of 1366.72 feet, a
central angle of 36038'57" and a chord of 859.39 feet which bears South 27013'43" East; thence
South 89044'48" East, along a line non-tangent with the last described curve, a distance of
3223.82 feet to the Westerly right of way of Interstate 95; thence South 77055'29" West, along
said Westerly right of way, a distance of 168.81 feet; thence South 89041'55" West, along said
Westerly right of way, a distance of 332.81 feet; thence South 00018'05" East, along said
Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North
89044'48" West, along said South line of Section 6, a distance of2945.21 feet; thence 838.48 feet
along the arc of a curve to the left being non-tangent with the last described line, said curve
having a radius of 1133.28 feet, a central angle of 42023'29" and a chord of 819.49 feet which
bears North 24021'27" West to a point of tangency; thence North 45033'12" West, a distance of
530.97 feet; thence 2554.81 feet along the arc of a curve to the right, said curve having a radius
of 6116.72 feet, a central angle of 23055'52" and a chord of 2536.28 feet which bears North
33035'16" West to a point of reverse curvature; thence 2307.29 feet along the arc of a curve to
the left, said curve having a radius of 4883.28 feet, a central angle of 27004'18" and a chord of
2285.89 feet which bears North 35009'29" West to a point of reverse curvature; thence 1982.61
feet along the arc of a curve to the right, said curve having a radius of 3666.72 feet, a central
angle of 30058'48" and a chord of 1958.54 feet which bears North 33012'13" West, thence
1810.62 feet along the arc of a curve to the right being non-tangent with the last described curve,
said curve having a radius of 3050.86 feet, a central angle of 34000'14" and a chord of 1784.17
feet which bears North 75048'52" West to a point of reverse curvature; thence 6869.19 feet
along the arc of a curve to the left, said curve having a radius of 6639.14 feet, a central angle of
59016'52" and a chord of 6566.87 feet which bears North 88027'11" West to a point of tangency;
thence South 61054'23" West, a distance of 177.80 feet; thence 6098.25 feet along the arc of a
curve to the right being non-tangent with the last described line, said curve having a radius of
14,116.72 feet, a central angle of 24045'04", a chord of 6050.94 feet which bears South
15016'05" East to a point of tangency; thence South 02053'33" East, a distance of 1532.89 feet to
said South line of Section 2; thence South 89014'48" West, a distance of 233.60 feet to the
POINT OF BEGINNING.
AND:
C:\NrPorlbI\SOLlCITORS\DMONSON\I02649382_J.DOC (.0025(RC/jdv-Crealed on 115/2009 11:28:00 AM - LUSI printed 115/2009
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Page 2 of ;'5
Instrument. 2009-031094 . 6B
Book: 6324
Page: 4107
The South 1/2 of the Southwest 1/4 and the South 1/2 of the Southeast 1/4, Section 32,
Township 17 South, Range 33 East, the South 1/2 of the Southwest 1/4, the Southwest 1/4 of the
Southeast 1/4, the Southeast 1/4 of the Southeast 1/4, the Southwest 1/4 of the N0l1heast 1/4 of
the Southeast 1/4, the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4, the Northeast 1/4
of the Northeast 1/4, of the Southeast 1/4, the Southeast 1/4 of the Southeast 1/4 of the Northeast
1/4 and the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 33, Township 17
South, Range 33 East, the South 1/2 of the Northwest 1/4, the South 1/2 of the Northeast 1/4, the
Southwest 1/4 and the Southeast 1/4, Section 34, Township 17 South, Range 33 East; that
portion of the South 1/2 of Northwest 1/4 and the Southwest 1/4, lying Southwesterly of
Interstate 95, Section 35, Township 17 South, Range 33 East; a portion of Section 6, Township
18 South, Range 34 East, lying Southwesterly of Interstate 95; all of Section 1 and 2, Township
18 South, Range 33 East; and Section 3, Township 18 South, Range 33 East, excepting
therefrom five (5) acres in government Lot 14, described as follows: Beginning at the Southeast
corner of said Section 3; thence West on the South line of said Section 660 feet; thence 330 feet;
thence East 660 feet to the East line of said Section 3; thence South on the Section line 330 feet
to the place of beginning; all being more particularly described as follows: for a POINT OF
BEGINNING, Commence at the Southwest corner of said Section 3, thence North 00023'50"
West, along the West line of said Section 3, a distance of 9268.62 feet to the South line of said
Section 32; thence South 88053'05" West along said South line of Section 32, a distance of
1121. 77 feet to the Southwest corner of said Section 32; thence North 01045'25" West, a distance
of 1317.75 feet to the Northwest corner of said South 1/2 of the Southwest 1/4 of Section 32;
thence North 88048'27" East, a distance of 5316.15 feet to the Northwest Corner of said South
1/2 of the Southwest 1/4 of Section 33; thence North 88044'47" East, a distance of 3973.41 feet
to the Northwest corner of said Southeast 1/4 of the Southeast 1/4 of Section 33; thence North
01045'54" West, a distance of 663.33 feet to the Northwest corner of said Southwest 1/4 of the
Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 88044'01" East, a distance of
661.32 feet to the Northwest corner of said Southeast 1/4 of the Northeast 1/4 of the Southeast
1/4 of Section 33; thence North 01050'38" West, a distance of 1990.46 feet to the Northwest
corner of said Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 33; thence
North 88041'43" East, a distance of 658.58 feet to the Northwest corner of said South 1/2 of the
Northwest 1/4 of Section 34; thence North 88035'24" East, a distance of 5293.36 feet to the
Northwest corner of said South 1/2 of the Northwest 1/4 of Section 35; thence North 88007'06"
East, along the North line of said South 1/2 of the Northwest 1/4 of Section 35, a distance of
884.36 feet to the Westerly right of way of Interstate 95; thence Southeasterly along said
Westerly right of way the following four (4) courses: South 29053'36" East, a distance of 452.54
feet; thence South 29052'56" East, a distance of 1053.25 feet; thence South 29053'27" East, a
distance of 1127.04 feet; thence South 29053'23" East, a distance of 1141.37 feet to the East line
of the Southwest 1/4 of Section 35, Township 17 South, Range 33 East; thence South 02012'17"
East, along said East line of the Southwest 1/4, a distance of 700.28 feet to the Southwest corner
of the Southeast 1/4 of said Section 35; thence North 88044'36" East, along the South line of said
Southeast 1/4 a distance of 370.66 feet to said Westerly right of way of Interstate 95; thence
Southeasterly along said Westerly right of way the following four (4) courses: South 29052'54"
East, a distance of 1270.66 feet; thence South 29053'55" East, a distance of 1005.54 feet; thence
South 29052'17" East, a distance of 825.17 feet; thence 939.01 feet along the arc of a curve to the
right being non-tangent to the last described line, said curve having a radius of 8419.42 feet, a
central angle of 6023'25" and a chord of 938.53 feet which bears South 26041'16" East; thence
C:\NrPorlbl\SOLlCITORSIDMONSON\/02649382 _I.DOC (.0025(RC/jdv-Created on 1/5/2009 II :28:00 AM . L~SI printed 1/5/2009
11:30:00 AM
Page 3 of 5
Instrument# 2009-031094 # 69
Book: 6324
Page: 4108
South 000]5'12" West, leaving said right of way ofInterstate 95 and along a line non-tangent to
said curve, a distance of 5905.65 feet to the South line of Section 6, Township] 8 South, Range
34 East; thence North 89044'48" West, along said South line of Section 6, a distance 3825.35 feet
to the Southeast comer of said Section ]; thence South 89019'23" West, along the South line of
said Section 1, a distance of 5288.04 feet to the Southeast comer of said Section 2; thence South
890]4'48" West, along the South line of said Section 2, a distance of 5299.92 feet to the
Southeast comer of said Section 3; thence North 00020']5" West, along the East line of said
Section 3, a distance of 330.00 feet; thence South 89001'09" West, a distance of 660.00 feet;
thence South 00020'] 5" East, a distance of 330.00 feet to the South line of Section 3; thence
South 89001'09" West, along the South line of Section 3, a distance of 46] 9.20 feet to the POINT
OF BEGINNING. LESS AND EXCEPT: A portion of the South 1/2 of the Southeast 1/4 of
Section 32, Township 17 South, Range 33 East; the South 1/2 of the Southwest 1/4 of Section
33, Township] 7 South, Range 33 East; the Southeast 1/4 and the South 1/2 of the Northeast 1/4
of Section 34, Township]7 South, Range 33 East; U.S. Lots], 2,3,4,5,6 and 7, Section],
Township 18 South, Range 33 East; U.S. Lots ],2,3,4,6,9, ]0, ]] and ]2, Section 2, Township
]8 South, Range 33 East; U.S. Lots 1 and 6, Section 3, Township ]8 South, Range 33 East; AND
U.S. Lots 8 and 9, the Southwest 1/4 and the Southeast 1/4 of Section 6, Township] 8 South,
Range 34 East, all being in Volusia County, Florida, being described as follows: Commence at
the Southwest comer of said Section 2; thence North 89014'48" East, along the South line of said
Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02053'33"
West, a distance of 1524.] 7 feet to a point of curvature; thence 8560.65 feet along the arc of a
curve to the left, said curve having a radius of ] 3,883.28 feet, a central angle of 35019'46" and a
chord of 8425.67 feet which bears North 20033'27" West to a point of reverse curvature; thence
] 391.17 feet along the arc of a curve to the right, said curve having a radius of ] 6,] ] 6.72 feet, a
central angle of 4056'44" and a chord of 1390.74 feet which bears North 35044'57" West to the
North line of said South 1/2 of the Southeast 1/4 of Section 32; thence North 88048'27" East
along said North line of the South 1/2 of the Southeast 1/4 of Section 32 and along a line non-
tangent to the last described curve, a distance of 276.32 feet; thence 1224.25 feet along the arc of
a curve to the left being non-tangent with the last described line, said curve having a radius of
15,883.28 feet, a central angle of 4024'58" and chord of 1223.95 feet which bears South
36000'50" East to a point of reverse curvature; thence 2384.62 feet along the arc of a curve to the
right, said curve having a radius of ] 4, 1 ] 6.72 feet, a central angle of 9040'43" and a chord of
2381.79 feet which bears South 33022'58" East; thence North 6]054'23" East, along a line non-
tangent and non-radial to said curve, a distance of 177.80 feet to a point of curvature; thence
7098.59 feet along the arc of a curve to the right, said curve having a radius of 6860.86 feet, a
central angle of 59016'52" and chord of 6786.17 feet which bears South 88027'11" East to a point
of reverse curvature; thence 1627.27 feet along the arc of a curve to the left, said curve having a
radius of 2829.14 feet, a central angle of 32057'20" and a chord of 1604.93 feet which bears
South 75017'25" East; thence 480.12 feet along the arc ofa curve to the right being non-tangent
with the last described curve, said curve having a radius of 3666.72 feet, a central angle of
7030'08" and a chord of 479.77 feet which bears North 10023'50" West to a point of compound
curvature; thence 2782.07 feet along the arc of a curve to the right, said curve having a radius of
28,] ]6.72 feet, a central angle of 5040'09" and a chord of 2780.94 feet which bears North
03048'41" West to a point of reverse curvature; thence 3173.57 feet along the arc of a curve to
the left, said curve having a radius of 10,383.28 feet, a central angle of ]7030'43" and a chord of
3161.24 feet which bears North 09043'58" West to the North line of said South 1/2 of the
Northeast 1/4 of Section 34; thence North 88035'24" East along said North line of the South 1/2
C:\NrPorrhl\SOLlCITORS\DMONSON\102649382 I.DOe (.OO25IRC/jdv-Crealed on 1/5/2009 11:28:00 AM - LaSl printed 1/5/2009
II :30:00 AM -
Page 4 of 5
Instrument. 2009-031094 # 70
Book: 6324
Page: 4109
of the Northeast 1/4 of Section 34 and along a line non-tangent to the last described curve, a
distance of 243.96 feet; thence 3173.28 feet along the arc of a curve to the right being non-
tangent with the last described line, said curve having a radius of 10,616.72 feet, a central angle
of 17007'31" and a chord of 3161.48 feet which bears South 09032'22" East to a point of reverse
curvature; thence 2758.98 feet along the arc of a curve to the left, said curve having a radius of
27,883.28 feet, a central angle of 5040'09" and a chord of 2757.85 feet which bears South
03048'41" East to a point of compound curvature; thence 2519.59 feet along the arc of a curve to
the left, said curve having a radius of 3433.28 feet, a central angle of 42002'52" and a chord of
2463.43 feet which bears South 27040'11" East to a point of reverse curvature; thence 2417.59
feet along the arc of a curve to the right, said curve having a radius of 5116.72 feet, a central
angel of 27004'18" and a chord of2395.16 feet which bears South 35009'29" East to a point of
reverse curvature; thence 2457.30 feet along the arc of a curve to the left, said curve having a
radius of 5883.28 feet, a central angle of 23055'52" and a chord of 2439.48 feet which bears
South 33035'16" East to a point of tangency; thence South 45033'12" East, a distance of 530.97
feet to a point of curvature; thence 874.22 feet along the arc of a curve to the right, said curve
having a radius of 1366.72 feet, a central angle of 36038'57" and a chord of 859.39 feet which
bears South 27013'43" East; thence South 89044'48" East, along a line non-tangent with the last
described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; thence
South 77055'29" West, along said Westerly right of way, a distance of 168.81 feet; thence South
89041'55" West, along said Westerly right of way, a distance of 332.81 feet; thence South
00018'05" East, along said Westerly right of way, a distance of 110.74 feet to the South line of
said Section 6; thence North 89044'48" West, along said South line of Section 6, a distance of
2945.21 feet; thence 838.48 feet along the arc of a curve to the left being non-tangent with the
last described line, said curve having a radius of 1133.28 feet, a central angle of 42023'29" and a
chord of 819.49 feet which bears North 24021'27" West to a point of tangency; thence North
45033'12" West, a distance of 530.97 feet; thence 2554.81 feet along the arc of a curve to the
right, said curve having a radius of 6116.72 feet, a central angle of 23055'52" and a chord of
2536.28 feet which bears North 33035'16" West to a point of reverse curvature; thence 2307.29
feet along the arc of a curve to the left, said curve having a radius of 4883.28 feet, a central angle
of 27004'18" and a chord of 2285.89 feet which bears North 35009'29" West to a point of reverse
curyature; thence 1982.61 feet along the arc of a curve to the right, said curve having a radius of
3666.72 feet, a central angle of 30058'48" and a chord of 1958.54 feet which bears North
33012' 13 " West, thence 1810.62 feet along the arc of a curve to the right being non-tangent with
the last described curve, said curve having a radius of 3050.86 feet, a central angle of 34000'14"
and a chord of 1784.17 feet which bears North 75048'52" West to a point of reverse curvature;
thence 6869.19 feet along the arc of a curve to the left, said curve having a radius of 6639.14
feet, a central angle of 59016'52" and a chord of6566.87 feet which bears North 88027'11" West
to a point of tangency; thence South 61054'23" West, a distance of 177.80 feet; thence 6098.25
feet along the arc of a curve to the right being non-tangent with the last described line, said curve
having a radius of 14,116.72 feet, a central angle of 24045'04", a chord of 6050.94 feet which
bears South 15016'05" East to a point of tangency; thence South 02053'33" East, a distance of
1532.89 feet to said South line of Section 2; thence South 89014'48" West, a distance of 233.60
feet to the POINT OF BEGINNING.
079826.000001. 102649382
C:\NrPorlbl\SOLlCITORS\OMONSON\102649382 1.00e (.!X125(RC/jdv-Crealed on 115/2009 II :28:00 AM - Last printed 1/5/2009
I 1:30:00 AM -
Page 5 of 5
079826,000001,102542851.11
1/27/09
EXHIBIT "B"
Master Development Plan - Map "H"
Instrument# 2009-031094 # 71
Book: 6324
Page: 4110
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079826,000001,102542851.11
1/27/09
EXHIBIT "e"
Map "H-1" Auxiliary Master Plan
Instrument. 2009-031094 . 73
Book: 6324
Page: 4112
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Book: 6324
Page: 4113
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079826.000001.102542851.11
1/27/09
EXHIBIT 110"
Equivalency Matrix (land Use Exchange Table)
Instrument# 2009-031094 # 75
Book: 6324
Page: 4114
Instrument. 2009-031094 # 76
Book: 6324
Page: 4115
Exhibit "D"
Trip Equivalency Matrix
Calculation of Conversion Factors
(Based on Inbound New External PM Peak-Hour Traffic)
Restoration DRI
Land Use Trips Units Trips/Unit
Office KSF 46 218 0.211
Retail KSF 452 250 1.81
Singh~-Family . 669 2,522 0.265
M ulti-Fam i1y' 135 1,661 0.081
Total 1,302
Nole: To obtain trips/unit Divide nllmber oflrips by number of units.
'Rales calculaled based uponlhe approved traffic sludy which ,""'s based onlhe r.,cllhallhe developmenl \\ill inclllde a balance of young
professionals 10 relirees.
Trip Equivalency Matrix
(Based on Inbound New External PM Peak-Hour Traffic)
Restoration DRI
Land Use To
Sinl!:le-Family DU's Multi-Family DU's Office KSF Retail KSF
Single-Family DU's - 3.26 1.26 0.15
e Multi-Family DU's 0.31 - 0.39 0.04
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l.I. Office KSF 0.79 2.59 0.12
-
Retail KSF 6.82 22.25 8.58 -
Nole: KSF = 1,000 sqllare feel. To use the lrip equivalency l11alrix. mulliply Ihe nUlllber of IInils from Ihe lell colul11n by the factor lisled IInder the
applicable largelland IIse. For example:
i: To convert 10 KSF Relailto Office, multiply 10 b)' 8.58 = 85.8 KSF Ollice
ii: To com'ell 25 KSF Ollice 10 Mulli-I'mnily mfs, I11l1ltiply 25 by 2.59 = 65 Mlllli-Family DU's
iii: To remove 100 Single-I'mllily DU's and add Relail,lIIlIltiply 100 Single-I'amily DU's by 0.15 = 15 KSF Retail.
079826,000001,102618083.1
Instrument# 2009-031094 # 17
Book: 6324
Page: 4116
EXHIBIT "E"
Wetlands Map
079826,000001,102542851.11
1/27/09
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Instrument# 2009-031094 # 79
Book: 6324
Page: 4118
EXHIBIT "F"
Williamson Boulevard/Cross Section and Plan View
079826,000001,102542851.11
1/27/09
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Instrument' 2009-031094 # 80
Book: 6324
Page: 4119
Diane H. Matousek
Volusia County, Clerk of Court
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