01-14-2009
u
o
u
CITY OF EDGEW A TER
Planning and Zoning Board
Wednesday, January 14,2009
6:30 p.m.
Edgewater Community Center
102 N. Riverside Drive
AGENDA
I. CALL TO ORDER
2. ROLL CALL
3. APPROV AL OF MINUTES
Regular meeting of December 10, 2008
4. OLD BUSINESS- PUBLIC HEARING
None at this time.
5. NEW BUSINESS- PUBLIC HEARING
a. V A-08 10 -Worldley D. Frye, III, applicant, requesting variances from Article V of the City of
Edgewater Land Development Code, for property located at 2743 Guava Dr.
b. V A-0809-Jeff Gehris, applicant, requesting variances from Article V of the City of Edgewater Land
Development Code, for property located at 2103 S. Ridgewood Ave - TABLED UNTIL 3/10/09
c. DO-0901-Hammock Creek Green, LLC, applicant, review and recommendation of the proposed
Development Order for the Restoration Development of Regional Impact
6. OTHER BUSINESS
a. Election of Chairman and Vice-Chairman
b. Board term expiration- Edwin Vopelak, whose term expires on February 28, 2009, is seeking
reappointment.
c. Board term expiration-Justin Kennedy, whose term expires on February 28, 2009, is seeking
reappointment.
7. DISCUSSION ITEMS
a. Development Services Director's Report
b. Chairman's Report
c. Agency Members' Report
8. ADJOURNMENT
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure
that a verbatim record of the proceeding is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone
number 386-424-2400 ext. 1101, 5 days prior to the meeting date. If you are hearing impaired or voice impaired,
contact the relay operator at 1-800-955-8771.
Citizen comments are to be limited to five (5) minutes
CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
OVNER: Worldley D. Frye III
APPLICANT /AGENT: Worldley D. Frye III
CASE # VA.-081.0
REQUESTED ACTION: The applicant is requesting the following variances from the City of
Edgewater Land Development Code:
• Section 21.50.02 (Table V -I)- to allow a rear setback of 20' in lieu of the required 50' from
reside ntialfzoning use;
• Section 21 (f) (Table V to eliminate the requirement for a fifteen (15) vehicle
back-up area and maneuver radius;
• Section 21 (Table V °10) to eliminate the requirement for a loading berth; and
• Section 21.34.08 (a)- to eliminate the requirement that dumpsters shall be enclosed from
view with a six (6) high stockade fence, or masonry wall and gate
for property located at 2743 Guava Dr.
PROPOSED USE: Construction of a steel building for personal storage.
LOCATION: 2743 Guava Drive (PID## 8402 -01-06 -0470 and 8402 -6480)
AREA: .2489± acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION:. Commercial
ZONING DISTRICT: B -2 (Neighborhood Business)
VOTING DISTRICT: 3
SURROUNDING AREA:
Background:
The subject parcel is a legal non - conforming lot of record which does not meet the B-2 requirements
for minimum lot depth. Two properties adjacent to the north of this parcel were granted similar
variances on February 9, 2005.
Land Use Compatibility:
The proposed use storage /warehousing is compatible with the surrounding commercial uses along
Guava Drive
Adequate Public Facilities:
The site has access to Guava Drive. City water and sewer is available.
Created on 117/2009 1 ]:10 AM
Current Land Use
F'LUMDesignation
Zoning District
North
Commercial
Commercial
B -2 (Neighborhood Business)
East
Residential
Medium Density Residential
R -4 (Multi Family Residential)
South
Vacant/undeveloped
Commercial
B -2 (Neighborhood Business)
West
FEC Railroad
FEC Railroad
FEC Railroad
Background:
The subject parcel is a legal non - conforming lot of record which does not meet the B-2 requirements
for minimum lot depth. Two properties adjacent to the north of this parcel were granted similar
variances on February 9, 2005.
Land Use Compatibility:
The proposed use storage /warehousing is compatible with the surrounding commercial uses along
Guava Drive
Adequate Public Facilities:
The site has access to Guava Drive. City water and sewer is available.
Created on 117/2009 1 ]:10 AM
Natural Environment:
Soil types on site include Astat€. €la, lmmokalee and Daytona sands.
Comprehensive Plan Consistency
Policy 1.4.3 of the Future Land Use Element states, "If necessary the City may reduce limitations on
infill and redevelopment activities consistent with the land uses and densities indicated in this Plan
in situations that will not jeopardize public health, safety or welfare ".
Other Matters:
Prior to development, the Technical Review Committee must approve the proposed site plan.
Per the City of Edgewater Land Development Code Section 21 in order to grant a non -
administrative variance, the P &ZB shall make the following findings of fact:
1. That granting of the proposed variance is not in conflict with the Comprehensive Plan;
2. That granting of the proposed variance will not result in creating or continuing a use, which
is not compatible with adjacent uses in the area;
3. That granting of the proposed variance is the minimum action available to permit reasonable
use of the property;
4. That the physical characteristics of the subject site are unique and not present on adjacent
sites; and
5. That the circumstances creating the need for the variance are not the result of actions by the
applicant, or actions proposed by the applicant.
STAFF RECOMMENDATION:
Staff recommends approval of the variance requests from the City of Edgewater Land Development
Code as follows-
• Section 21 - 54.02 (Table V to allow a rear setback of 20' in lieu of the required 50' from
residential/zoning use;
• Section 21 - 57.02 (f) (Table V -7)- to eliminate the requirement for a fifteen -foot (15) vehicle
back -up area and maneuver radius;
• Section 21 -57.05 (Table V to eliminate the requirement for a loading berth; and
• Section 21.34.08 (a)- to eliminate the requirement that du€npsters shall be enclosed from
view with a six - foot (C') high stockade fence, or masonry wall and gate,
for property located at 2743 Guava Dr.
Motion to approve the following variance requests for the property located at 2743 Guava Dr.:
• Section 21.50.02 (Table V °1)- to allow a rear setback of 20'111 lieu of the required 50' from
residential /zoning use;
• Section 21.57.02 (D (Table V -7)- to eliminate the requirement for a fifteen -foot (10 vehicle
back -up area and maneuver radius;
• Section 21 -57.05 (Table V -10)- to eliminate the requirement for a loading berth; and
• Section 21 - 34.08 (a)- to eliminate the requirement that dumpsters shall be enclosed, from
view with a six -foot (6) high stockade fence, or masonry wall and gate.
for property located at 2743 Guava Dr.
Created on 1/7/2009 1 ]:10 AM
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CITY OF EDGEWATER
PLANNING AND ZONING BOARD
LVA 1
CASE # DO-0901
APPLICANTAGENT: Hammock Creek Green, LLC
REQUESTED ACTION: Review and recommendation of the proposed Development Order (DO)
for the Restoration Development of Regional Impact (DRI)
Background
The DO is the requisite order that authorizes a DRI and is executed between the applicant and the local
government. The DO addresses the obligatory conditions that will be imposed upon the DRI.
Conditions of approval include, but are not limited to, mitigation requirements, monitoring procedures,
DO compliance, commencement and termination dates, requirements for the annual report and a legal
description of the property.
Pursuant to Chapter 380.06 of the Florida Statutes, the developer of a DRI must obtain an approved
DO from the appropriate local government after being found consistent with the report and
recommendations of the applicable regional planning agency.
The Restoration DRI was found to be consistent with said report and recommendations by a
unanimous vote at the regular meeting of the East Central Florida Regional Planning Council on
December 17, 2008,
Comprehensive Plan Consistency
The proposed DO is consistent with the Comprehensive Plan amendments, e.g. the Sustainable
Community Development Future Land Use, related to Restoration transmitted to the Florida
Department of Community Affairs in August of 2008,
Other Matters
Following approval of the DO and adoption of the Comprehensive Plan amendments related to the
development, the applicant must rezone the property to a City zoning designation.
STAFF RECOMMENDATION
Staff recommends sending a favorable recommendation to City Council for the Development Order
(DO) for the Restoration Development of Regional Impact (DRI)
MOTION
Motion to send a favorable recommendation to City Council for the Development Order (DO) for the
Restoration Development of Regional Impact (DRI)
GAPIanning and Zoning Board\lnfo Surnmaries1200900 I —DRI.doc
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WA
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DEVELOPMENT ORDER
for
RESTORATION
DEVELOPMENT OF REGIONAL IMPACT
JANUARY 8, 2008
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TABLE OF CONTENTS
Page
I. FINDINGS OF FACT .......................................................................... ..............................1
II. DEVELOPMENT PROGRAM ............................................................ ..............................3
III. CONCLUSIONS
OF LAW .................................................................. ..............................4
IV DEFINITIONS
.................................................................................... ..............................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 .
FLOODPLAINS ..................................................................... .............................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 ............................................. .............................39
(c) Bicycle /Pedestrian Systems ...................................... .............................40
(d) The Transit Corridor ................................................... .............................41
(e) Park and Ride Spaces ............................................... .............................42
(f) Williamson Boulevard /Dedication and Development . .............................42
16.
ARCHAEOLOGICAL RESOURCES - NOTIFICATION AND REPORTING
REQUIREMENTS ................................................................. .............................44
17 .
ENERGY ............................................................................... .............................44
18.
LANDSCAPING STANDARDS .............................................. .............................46
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2:07 PM
TABLE OF CONTENTS
(continued)
Page
V1.
POLICE, FIRE AND EMS SERVICES .............................................. .............................49
VII.
COMMUNITY DEVELOPMENT DISTRICT ...................................... .............................49
VIII.
LOCAL MONITORING ...................................................................... .............................50
IX.
COMPLIANCE DATES ..................................................................... .............................50
X.
DOWN ZONING, UNIT DENSITY REDUCTION OR INTENSITY REDUCTION ...........51
XI.
BIENNIAL REPORTING REQUIREMENT ........................................ .............................51
XI 1.
MODIFICATIONS TO DEVELOPMENT ORDER .............................. .............................51
XI11.
RECORDING .................................................................................... .............................52
XIV.
DEVELOPER'S CONSENT .............................................................. .............................52
XV.
APPLICABLE LAW ........................................................................... .............................52
XVI.
EFFECTIVE DATE ............................................................................ .............................52
EXHIBITS
"A" LEGAL DESCRIPTION
"B" MAP "H" MASTER PLAN
`C" MAP "H -1" AUXILIARY MASTER PLAN
"D" EQUIVALENCY MATRIX (LAND USE EXCHANGE TABLE)
"E" WETLANDS MAP
"F" INTERCHANGE IMPROVEMENTS AT S.R. 442 AND 1 -95
"G" WILLIAMSON BOULEVARD /CROSS SECTION AND PLAN VIEW
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1 This instrument prepared by
2 and after recording return to:
3 Ted R. Brown, Esq.
4 Baker & Hostetler, LLP
5 200 South Orange Ave., Suite 2300
6 Orlando, Florida 32801
7
8 ------------------------ - - - - -- [SPACE ABOVE THIS LINE FOR RECORDING DATA]---------- - - --
9
10 DEVELOPMENT ORDER
11 RESTORATION DEVELOPMENT OF REGIONAL IMPACT
12
13 I. FINDINGS OF FACT
14 The City Council of the City of Edgewater, Florida hereby makes the following Findings of Fact,
15 to -wit:
16
17 1. The Master Developer, whose principal place of business is at 300 International
18 Parkway, Suite 130, Lake Mary, Florida 32746, has filed the ADA with respect to the Property
19 located in Volusia County, Florida.
20 2. The Master Developer has the authority to file the ADA and to obtain a
21 development order with respect to the Property in accordance with Chapter 380.06, Florida
22 Statutes The Property subject to this Development Order is described on Exhibit "A" attached
23 hereto.
24 3. The proposed development constitutes a Development of Regional Impact
25 pursuant to the standards set forth in Chapter 380.06, Florida Statutes and the Florida
26 Administrative Code.
27 4. The Property does not lie within an area of critical state concern.
28 5. The ADA has been reviewed by the ECFRPC who, after balancing the identified
29 regionally significant impacts associated with each of the criteria of Chapter 380.06(12)(a),
30 Florida Statutes recommended that the Restoration DRI be approved subject to certain
31 conditions.
32 6. The City Council, as the governing body of the City of Edgewater with jurisdiction
079826, 000001, 102542851.11
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1 over the Property pursuant to Chapter 380.06, Florida Statutes is authorized and empowered to
2 consider an ADA filed by the Master Developer.
3 7. Public hearings, as required by Chapter 380.06, Florida Statutes have been duly
4 noticed and held as follows
5 (a) On January 14, 2009, the City Planning and Zoning Board held a duly
6 noticed public hearing on the ADA for the Property and recommended that the
7 City Council approve the ADA. Testimony was taken and considered by the
8 Planning and Zoning Board.
9 (b) On January 26, 2009, the City Council held a duly noticed public hearing
10 to consider on first reading the ADA submitted by the Master Developer for the
11 Restoration development. On February 2, 2009 the City Council held a duly
12 noticed public hearing to consider on second reading the ADA submitted by the
13 Master Developer for the Restoration development. At both City Council
14 hearings testimony was taken and considered.
15 8. The City Council has received and considered the Assessment Report of the
16 ECFRPC and this Development Order is substantially consistent with the recommendations and
17 report of the ECFRPC.
18 9. The City has processed and approved an application to amend the City of
19 Edgewater Comprehensive Plan in conjunction with the ADA. The application requested the
20 following:
21 (1) an amendment creating a new Sustainable Community Development
22 District ( "SCD ") land use category and its accompanying goals, objectives
23 and policies; (2) an amendment to the Future Land Use Map to convert
24 approximately 5,187 acres from Volusia County Environmental Systems
25 Corridor and Forestry Resources to 4,568 acres of City SCD and 619
26 acres of City Conservation (collectively, the "Comprehensive Plan
27 Amendments ").
28
29 10. The DCA, through issuance of the ORC Report dated October 28, 2008, noted its
30 objections, comments and recommendations to the proposed Comprehensive Plan Amendment
2
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1 and the City has considered each of the same.
2 11. The development of the Restoration DRI, pursuant to the ADA, was determined
3 to be consistent with the achievement of the objectives of the adopted state Comprehensive
4 Plan, Chapter 187, Florida Statutes and the ECFRPC Regional Policy Plan and therefore will
5 not unreasonably interfere with those objectives.
6
7
8
9
10
11
12
II. DEVELOPMENT PROGRAM
1. The proposed development of the Restoration DRI shall be in accordance with
the Master Development Plan — Map "H." (Attached as Exhibit "B " )
2. The proposed development of the Restoration DRI consists of the following uses
and phasing plan:
Sire ified Phasing Table. 10 -2
Program Acreage
Phase
I
Phase VI
Phase III
Element
Total
Percent
Units
N Pt
Units.
S9 Ft
Units
S Ft
Units
S Ft.
Civic (including utility site)
single Family
2,607
Major Rights of Way
1507
'...... 1%
Lakes
',,. 346
',,. 7
Activity Based Open
'......
5ingle9+arrdy
';J
380
Active Parks and
''.....
''......
5t10
''.... is
E
Resource Based Open
'..,.
'...,..
Spate
Preserved Uplands and
'.....
'.......
Buffets
Retail
'....... 19%
Preserved W4otlands
'........ 2.514
30 C:
Utility Easement
'.. 38
'.. 1%
3
'Juiti.Family
500
''..... 5.187
572
updated 18.i 09
1,041
Retail
25f C>f9
512 3W ...
782,3100
Criiue
348486
348,4196
su ^irn*a
500
2571 DY9
..... 450
860 780
R5,'
r 170 7811
Wrkplc
C7ftire
218,237
745,310
X83,547
k.1u¢i -Fam ?y
3.050
3
Rerail
5 1 8384
518367
F'
ofhcn
_
_
502.4116
5;52,416
sutgota,
3, 0W
t P10 780
3 050
1
TOTAL'.....
3,222
488,237
1 2,228
1,838,148
1 3,060
1,140.780
8,500
3,215.183
Program Acreage
Element
'..
Percent
Acreage
''... OtSite
Development
''..... 10785
''..... 22%
schools.
85
2%
Civic (including utility site)
'..., 18
''.... 0%
Major Rights of Way
'...... 74
'...... 1%
Lakes
',,. 346
',,. 7
Activity Based Open
'......
'.......
Space
Active Parks and
''.....
''......
Recreation
''.... is
'...... 0%
Resource Based Open
'..,.
'...,..
Spate
Preserved Uplands and
'.....
'.......
Buffets
'....... 1 017 5
'....... 19%
Preserved W4otlands
'........ 2.514
'........ 49%
Utility Easement
'.. 38
'.. 1%
TOTAL
SITE
''..... 5.187
updated 18.i 09
079826, 000001, 102542851.11
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3
1 3. The Master Developer's authorized agent is Ted R. Brown, Esq., Baker &
2 Hostetler, 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
9 the 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
19 Developer to provide areas for active and passive recreation in the post - development setting.
20 Consult 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
4
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1 650 square feet of air conditioned space located above a garage that can be used as a guest
2 cottage, a "granny" flat, a home office, a recreation room or as a rental apartment.
3 6. AWS — Alternative Water Supply.
4 7. CDD — 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
8 corporation.
9 10. County or Volusia County -- Volusia County, Florida, a political subdivision of
10 the State of Florida.
11 11. Comprehensive Plan -- City of Edgewater Comprehensive Plan.
12 12. Concurrency Management System -- Any and all ordinances, resolutions and
13 regulations that are or may be adopted by the City of Edgewater to implement the requirements
14 of §163.3202 (2)(g), Florida Statutes
15 13. CUP — Consumptive Use Permit.
16 14. DCA - -- Florida Department of Community Affairs.
17 15. Developer — Any successor developer to the Master Developer who by reason of
18 acquiring an interest in the property assumes obligations pursuant to this Development Order,
19 but who is not the Master Developer.
20
21
22
23
24
25
16. DRI -- Development of Regional Impact.
17. ECFRPC -- East Central Florida Regional Planning Council.
18. Equivalency Matrix -- The matrix of land uses and trip equivalencies attached
hereto as Exhibit "D" and incorporated herein.
19. EPA -- United States Environmental Protection Agency.
20. FDEP -- Florida Department of Environmental Protection.
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5
1 21.
FDOT --
Florida Department of Transportation.
2 22.
FEMA --
Federal Emergency Management Agency.
3 23.
FFWCC
-- Florida Fish and Wildlife Conservation Commission.
4 24.
FLUM —
Future Land Use Map.
5 25.
HERS —
Home Energy Rating System (http: / /www.naturesnet.org).
6 26. Homeowners Association (HOA) -- An association or associations of all
7 residential property owners within Restoration organized pursuant to the requirements of
8 Chapter 617, Florida Statutes (2007) to manage and administer designated common areas,
9 including conservation and preserve areas within Restoration.
10 27. LOMR — Letter of Map Revision.
11 28. LOS -- Level of Service.
12 29. Major Roads -- Roads or streets functionally classified as arterial or collector
13 roads and defined as regionally significant facilities within the DRI /ADA.
14 30. Master Developer — Hammock Creek Green, LLC, a Delaware corporation, and
15 its successors or assigns.
16 31. Master Development Plan — Map "H" -- The Master Development Plan — Map
17 "H" contained in the ADA, a copy of which is attached hereto as Exhibit "B" and incorporated
18 herein. Map "H -1" ( Exhibit "C " ).
19
20
21
22
23
24
32. ORC Report -- The Objections, Recommendations and Comments Report dated
October 29, 2008.
33. PREC — Program for Resource Efficient Communities, Institute of Food and
Agricultural Sciences, University of Florida.
34. Project -- The work and development to occur on the Property, as permitted
through this Development Order.
25 35. Property -- The real property subject to this Development Order as specifically
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1 described in Exhibit "A" attached hereto and incorporated herein.
2 36. Property Owner -- The persons and /or entities currently holding title to the real
3 property subject to this Development Order and each of its successors or assigns for any
4 portion of the Property.
5 37. Property Owners Association ( "POA ") — An association or associations of all
6 commercial property owners within Restoration organized pursuant to the requirements of
7 Florida law to manage and administer designated common areas, including preservation and
8 conservation areas within Restoration.
9 38. Regional Roadway -- A roadway shall be considered "regional" if it is defined as
10 regional in the East Central Florida Regional Strategic Policy Plan or successor document.
11 39. Resource Based Open Space — is generally open space set aside for the
12 preservation and restoration and enhancement of environmental systems and includes lakes
13 used for the detention and retention of surface water. Consult SCD text for additional
14 description.
15
16
17
18
19
20
40. Restoration DRI -- The Restoration Development of Regional Impact.
41. SCD -- The City's Sustainable Community Development District land use
category and FLUM designation.
42. SJRWMD — St. Johns River Water Management District.
43. SMMP -- Site Mitigation and Management Plan.
44. TOD — Transit Oriented Design.
21 45. USFWS -- United States Fish and Wildlife Service.
22
23
24
25
26
27
V. CONDITIONS OF APPROVAL
1. CONSISTENCY WITH FEDERAL AND STATE PERMITS Development of the
Restoration DRI shall conform to the ADA and the conditions of approval set forth in this
Development Order. Development based upon this approval shall comply with all other
applicable Federal, state and county laws, ordinances and regulations which are incorporated
herein by reference.
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7
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 (b) Responses to Requests for Additional Information #1 dated March 5,
10 2007
11 (c) Responses to Requests for Additional Information #2 dated November
12 26, 2007
13 (d) Responses to Requests for Additional Information #3 dated June 4, 2008
14 (e) Responses to Requests for Additional Information #4 dated September 3,
15 2008
16 (f) Revised RAI #4 dated August 15, 2008
17 3. APPROVED DEVELOPMENT PROGRAM.
18 (a) Project 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 patterns and a tight hierarchy of streets. These design elements will serve to
2 discourage urban sprawl, foster connectivity and provide for a walkable
3 community. Commercial office development, schools and institutional uses will
4 be part of the land use mix. Because of their proximity to and integration with the
5 residential offerings, Restoration will have an enhanced ability to balance jobs
6 and housing.
7 As provided for below, Restoration will consist of 8,500 residential units (4,409
8 single - family residential units and 4,091 multi - family residential units) together
9 with 3,215,163 square feet of non - residential uses. Additional acreage will be
10 dedicated for schools and other public infrastructure. Most importantly, some
11 sixty -eight percent (68 %) or approximately 3,527 acres within Restoration shall
12 be set aside permanently as conservation lands that will be restored and
13 enhanced. Consistent with that undertaking, the conservation lands will be
14 permanently managed and protected through the placement of record of
15 appropriate conservation easements over the same so as to ensure that the
16 renewed attributes of the restored and enhanced lands remain intact and
17 appropriately cared for over time. The City will not have any responsibility for the
18 maintenance and management of the lands encumbered by conservation
19 easements. The balance of the Property will support the built environment
20 consistent with this Development Order.
21
22 (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 (f) Project Buildout: The Restoration DRI is to be developed as a three -
27 phase project with an anticipated buildout date of 2028. The Developer has
28 extended the time frames for phases and buildout by five (5) years as part of this
29 Development Order approval. This extension shall be viewed cumulatively with
30 any future extensions pursuant to Chapter 380.06(19)(c), Florida Statutes
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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 ADUs
7 developed. A portion of the ADUs may be counted as part of the inventory of affordable
8 housing as hereinafter set forth. ADUs 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
12 of a particular land use within the approved development program by using a Equivalency
13 Matrix, once approved and incorporated into the Development Order as an exhibit, which is
14 based on equivalent peak hour directional trip ends. Use of the Equivalency Matrix may
15 increase or decrease the total amount of each land use by no more than the amount allowed for
16 in the substantial deviation criteria identified in Chapter 380.06(19)(b) 1 -14, Florida Statutes
17 unless the Development Order is amended to accommodate such a change. Greater changes
18 than 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, Volusia County, the FDOT, the SJRWMD, and the
23 School Board of Volusia County must be provided notice of the proposal at least sixty (60) days
24 in advance of the change. Use of the Equivalency Matrix will be reported on an individual and
25 cumulative basis and Project impacts documented in the biennial report. Any future Notice of
26 Proposed Change ( "NOPC ") shall incorporate any changes due to the use of the matrix.
27 6. PROJECT DESIGN GUIDELINES /JOBS TO HOUSING RATIO.
28 The Restoration DRI shall adhere to and further the design character outlined below:
29 (a) The Restoration DRI shall contain the mixture of uses designated within
30 the Restoration SCD land use classifications that provide for a balance of
31 commercial, residential, recreational (active and passive) open space,
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1 employment, resource protection, educational, institutional and other supporting
2 uses.
3 (b) The Restoration DRI shall promote the preservation, restoration and
4 enhancement of open space and other environmental systems.
5 (c) The Restoration DRI shall promote a design that is based on the
6 principles of "smart growth," Transit Oriented Design ( "TOD ") and New Urbanism,
7 including walkability, compact development patterns, quality architecture and
8 urban design and will contain a hierarchy of street systems to discourage urban
9 sprawl, foster connectivity, provide for pedestrian mobility and transit internal to
10 the Project.
11 (d) The Restoration DRI shall promote diversity and choice through a mixture
12 of housing types and price points, including affordable housing as hereinafter set
13 forth.
14 (e) The Restoration DRI shall utilize a number of sustainable development
15 techniques and promote the reduction of greenhouse gases as hereinafter more
16 particularly described.
17 (f) The Restoration DRI shall promote the efficient and effective use of
18 infrastructure.
19 (g) The Master Developer shall measure the jobs /housing ratio, after the
20 issuance of the final plats and /or commercial site plan approval as set forth
21 below. The designated ratios are goals, but if there has been insufficient
22 employment created pursuant to this section, the Master Developer shall confer
23 with the City and the ECFRPC and the Development Order may be requested to
24 be amended in such manner as the Master Developer, the City and the ECFRPC
25 deem appropriate. The decision to amend the Development Order so as to
26 provide a measure of relief from the goals established at (ii) through (iii) below
27 will be predicated on an assessment of the level and consistency of the effort and
28 activity of the Developer to attract jobs to the Project Site and the prospects for
29 making up any shortfall in achieving the goals as the development progresses.
30 If, at check point (ii) or (iii) it is determined that the shortfall is material and that
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1 the efforts of the Master Developer to meet the jobs /housing ratio have not been
2 at a level and with a consistency that evidences a good faith effort to meet the
3 jobs /housing ratio, then the City may require appropriate mitigation to offset the
4 failure to meet the established goal or suspend the issuance of residential
5 building permits until targeted thresholds agreed to by and between the Master
6 Developer, the ECFRPC and the City are achieved.
7 (i) After the issuance of final plats and /or commercial site plan
8 approval for the 3,400th residential unit.
9
10
0.1 jobs per residential unit
11 (ii) After the issuance of final plats and /or commercial site plan
12 approval for the 6,000th residential unit.
13
0.5 jobs per residential unit
14
15 (iii) After the issuance of final plats and /or commercial site plan
16 approval for the 8,000th residential unit.
17
18
0.6 jobs per residential unit
19 (h) At buildout 0.65 jobs per household shall be available within the project.
20 Prior to the issuance of final plat or final plan approval for residential units which exceed the
21 thresholds listed in (i) through (iii) above, the Master Developer must demonstrate that an
22 amount of nonresidential development has been constructed which will generate adequate
23 employment opportunities to meet the jobs -to- housing ratio provided in (i) through (iii) above.
24 For purposes of making the jobs calculation, the Master Developer may consider all jobs
25 created both within Restoration and those within a three (3) mile radius of the external boundary
26 of Restoration. To document the same, the Master Developer must submit information which is
27 specific as to type of business or industry; i.e., retail /office /industrial, and provide a map
28 showing the location of each nonresidential development which is included. For this purpose,
29 jobs created in the public sector, i.e., Federal, state or local government including school jobs
30 whether private or public, shall be included. Development, which is under construction, may be
31 included, provided that vertical construction will be completed within eighteen (18) months of the
12
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1 date of submittal of the documentation to the reviewing agencies as specified below. The
2 Master Developer may demonstrate that jobs have been provided by surveying existing
3 businesses or by utilizing the following employment generation ratios.
4
5 350 square feet of office = 1 job
6 600 square feet of retail /commercial = 1 job
7
8 If any actual survey of existing nonresidential is utilized, the documentation must include
9 information on the name of the business, the date and the name, address and telephone
10 number of the individual supplying the information.
11
12 The required documentation of survey results must be provided to the ECFRPC and the City for
13 review in each Biennial Report to determine compliance with the relevant conditions of this
14 Development Order as noted above and if the targets are not met, the City Master Developer
15 and ECFRPC shall confer pursuant to (g) above.
16
17 7. FLOODPLAINS A master stormwater management system will be designed
18 and constructed for the Restoration project. The system will be based on pre - development and
19 post - development evaluations of the 100 -year floodplain elevations and extents and will be
20 designed such that there are no increases to the floodplain elevation for off -site lands or parcels
21 resulting from the design storm event. Further review by county staff of the 100 -year floodplain
22 study shall be necessary to insure that there shall be no adverse impacts to the downstream
23 drainage basins that are under the jurisdiction of Volusia County. The floodplain study may
24 require further modifications and /or other engineering assurances to demonstrate consistency
25 with recent and /or historical flood stage observations, rainfall data, and the USGS recording
26 station data. The stormwater management system will be integrated with the nonpotable water
27 supply system.
28 To implement the plan, the 100 -year floodplain will be managed using a site -wide
29 dynamic modeling methodology and a Letter of Map Revision ( "LOMR ") for existing conditions
30 will be submitted to FEMA and the SJRWMD to formally establish the floodplain elevation on the
31 Restoration site and in the immediate vicinity surrounding the Restoration site. Volusia County
32 will be provided a copy of the LOMR for informational purposes.
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1 The system will be designed to attenuate the 100 -year interval, 24 hour duration design
2 storm event such that no increases to the elevations of off -site floodplains occur. In addition to
3 the minimum State standard of maintaining the existing peak flow rates, the applicant shall be
4 tasked to demonstrate to Volusia County that the volume of runoff and the duration of peak flow
5 rates ultimately discharging to the down stream Volusia County jurisdiction in a post -
6 development setting will not be increased during the time period equal to that required to
7 recover the pre - development volume. A control regime will be established and approved by
8 Volusia County insuring that any impoundment for stormwater treatment and /or improved
9 wetland hydroperiod will not be discharged in a manner that adversely impacts the downstream
10 watersheds from a water quantity and water quality standpoint and ensures that emergency
11 discharges prior to any pending storm advisory are prohibited unless mandated by the local,
12 state or Federal government in the discharge of their responsibilities.
13 Existing and proposed impoundments to be developed within the Restoration boundaries
14 will detain flood waters on the property such that pre - development rates of discharge and off -
15 site flood elevations are not exceeded.
16 Base flood elevations in the post - developed condition will be established by an
17 additional LOMR. All habitable structures shall have their finished floor elevation set at
18 minimum of one foot above the established applicable base flood elevation.
19 8. NATURAL SYSTEMS AND RESOURCES
20 (a) Habitat Conservation and Management Except as otherwise allowable
21 by this Development Order, or by permits obtained by the Master Developer from
22 any one or more of the Florida Fish and Wildlife Conservation Commission
23 ( "FFWCC "), the U.S. Army Corps of Engineers ( "ACOE "), or the U.S. Fish and
24 Wildlife Service ( "FWS "), site development activities on the Property shall not
25 result in the harming, pursuit or harassment of wildlife species classified as
26 endangered, threatened, or a species of special concern ( "listed species ") in
27 contravention of applicable State or Federal laws. Should such listed species be
28 at any time determined to be roosting or residing on, or otherwise significantly
29 dependant upon the Property, the Master Developer or Developer, as
30 appropriate, shall take all steps required by either State or Federal law, and the
31 regulations and rules implementing the same, to conduct all necessary
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1 evaluations as to the impacts proposed as to any listed species and to provide
2 appropriate protection to the listed species identified in conformity with and to the
3 satisfaction of all agencies of either the State or Federal government having
4 jurisdiction over the same. Further, the Master Developer, or Developer, as
5 appropriate, shall obtain such permits and licenses as are required under State
6 and /or Federal law to ensure that the development program contemplated by this
7 Development Order is in full compliance with all applicable laws and regulations
8 or rules implementing the same. The conservation, preservation and
9 management of existing regionally- and locally- significant natural resources,
10 including listed species, shall be accomplished through the ongoing process
11 described in the following paragraphs.
12 (i) Habitat conservation and preservation activities shall be guided by
13 the Site Mitigation and Management Plan ( "SMMP ") that is prepared by
14 the Master Developer and submitted to the City together with the
15 "reviewing agencies," namely the SJRWMD, Volusia County, ECFRPC,
16 ACOE, USFWS and FFWCC for review and comment. The City will
17 provide a ninety (90) day review and comment period for reviewing
18 agencies, and if the reviewing agencies or any one of them fail to
19 comment within the ninety (90) day period their right to further review and
20 comment on the SMMP shall be terminated except as noted below. If the
21 City receives comments from any one or more of the reviewing agencies,
22 the comments will be promptly provided to the Master Developer who
23 shall bear the responsibility for responding to the same by advising both
24 the City and the reviewing agency that it (1) accepts the comments and
25 will adjust the terms and conditions of the SMMP to incorporate the
26 suggested changes, (2) accepts the comments with modifications or (3)
27 rejects the comments. The Master Developer will use its best efforts to
28 reach an accommodation with the reviewing agency to the end that both
29 the Master Developer and the reviewing agency accept the adjustments
30 proposed or modified through further review and discussion between the
31 reviewing agency, the Master Developer and the City. This supplemental
32 review process will extend the overall review of the SMMP for an
33 additional forty -five (45) days, but only those reviewing agencies that offer
15
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1 comments shall have the benefit of the extension; all others shall be
2 governed by the ninety (90) day deadline. To the extent any one or more
3 of the reviewing agencies have a right independent of the SMMP review,
4 to review and comment on any other environmental permit required to be
5 obtained by the Master Developer, that agency's review of the required
6 permit application will be conducted pursuant to applicable law, rules and
7 regulations governing the same. The City will complete the entire review
8 process of the SMMP including the review by the reviewing agencies,
9 within ninety (90) days of submittal of the draft SMMP by the Master
10 Developer except as noted above. The scope of the City review is to
11 determine if the SMMP is consistent with the provisions of this
12 Development Order and applicable City ordinances. Comments received
13 from the reviewing agencies, if any, will be incorporated into the SMMP if
14 agreed to by the City, the ECFRPC and Master Developer. Otherwise
15 they will be incorporated as information items in the compliance letter
16 issued by the City, but will not constitute a basis for a determination of
17 noncompliance. The SMMP will be submitted as part of any initial ERP
18 application to the SJRWMD and /or the ACOE not later than one hundred
19 twenty (120) days following submission of the initial ERP application to
20 the SJRWMD. In the event City fails to respond within one hundred thirty -
21 five (135) days of receipt of the SMMP, the failure to issue a compliance
22 letter shall be construed to be a finding that the SMMP is in compliance
23 with the adopted Development Order. Unless the SMMP is approved
24 contemporaneously with this Development Order, then the SMMP will be
25 submitted and reviewed as a nonsubstantial deviation and processed as
26 a NOPC.
27 (ii) The issuance of environmental permits by any one or more of the
28 identified reviewing agencies or in the case of the USFWS, the inclusion
29 of conditions in an ACOE permit, shall constitute certification that the
30 SMMP is consistent with and supportive of the terms and conditions
31 contained in the environmental permits.
32 (iii) The City will not require any wildlife habitat or resource mitigation
33 measures other than required by any applicable state and federal
16
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1 statutes, rules and regulations, this Development Order and the SMMP.
2 (b) The Site Mitigation and Management Plan Components. The SMMP
3 shall, at a minimum, address the issues and components listed below, to wit:
4 (i) promote regional planning for preservation, restoration and
5 management of habitats and wildlife on the project;
6 (ii) protection of regionally significant Volusia Environmental Core
7 Overlay lands (Map "A ") extending through the project site and
8 accompanying Spruce Creek Swamp floodplain;
9 (iii) restore natural drainage on the site and improve local hydrological
10 connections;
11 (iv) provide protection of wetlands during construction activities;
12 (v) preservation, restoration and management of upland habitats and
13 identification of recreation uses of conserved areas;
14 (vi) provide adequate buffers for wetlands;
15 (vii) provide for the removal of planted pine from wetlands;
16 (viii) replanting wetlands as permitted;
17 (ix) restoration of site hydrology to support restored wetlands;
18 (x) convert pine plantations to a more natural upland and hydric pine
19 flatwood regime and institute prescribed burning to sustain hydric pine
20 flatwoods;
21 (xi) provide a free standing bridge at the south end of the
22 Conservation Hamlet of approximately one thousand (1,000) feet in
23 length over the wetland area(s) to be crossed for access to the
24 Conservation Hamlet with a minimum clearance of twenty (20) feet for
25 wildlife movement and hydrologic connectivity. Additionally, the Master
26 Developer will provide a free standing bridge at the north end of the
17
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1 Conservation Hamlet of sufficient height and length that the hydrologic
2 connectivity of the wetlands to be crossed is preserved and the
3 functionality of the same as a wild life corridor is maintained. Accordingly,
4 the length and height of the bridges can be adjusted as final engineering
5 is completed, but the core idea of making certain that the bridges are of
6 sufficient length and height above grade to accomplish the desired effect
7 of minimizing impacts to the area to be crossed shall control the design of
8 the same;
9 (xii) preserve habitats for protection as outlined in the SMMP for the
10 following:
11 (1) Rugel's pawpaw
12 (2) Southern Bald eagle
13 (3) Florida black bear
14 (4) Swallow- tailed kites
15 (5) Gopher Tortoises
16 (6) other listed species and indigenous wildlife
17
18 (xiii) provide littoral zones planted with native plants adapted to site
19 conditions around selected stormwater management ponds and water
20 storage areas for wading bird usage;
21 (xiv) establish entity, appropriate instruments (e.g., conservation
22 easements), and adequate funding to secure and manage preserved
23 areas in perpetuity;
24 (xv) provide for resident education regarding the purpose and methods
25 of the SMMP including specific ways that the landscaping guidelines
26 described below in Section V.18 protect water and wildlife resources;
27 (xvi) establish protocols for exotic and nuisance plant control;
28 (xvii) provide for periodic monitoring and reporting of the outcomes
29 resulting from the utilization of the SMMP;
30 (xviii) provide for management of gopher tortoises consistent with
18
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1 applicable Florida law;
2 (xix) provide for trash receptacle and dumpster program to manage
3 wildlife intrusion;
4 (xx) provide for educational program for residents and business within
5 Restoration to aid in preventing human conflict with wildlife; and
6 (xxi) provide for inclusion of additional protocols as hereinafter set
7 forth.
8 (c) A composite exhibit will be prepared and included with the SMMP that
9 identifies all areas within the Restoration DRI that will be encumbered by
10 conservation easements to protect and preserve the natural resources within the
11 Restoration DRI. Conservation easements will be conveyed to appropriate
12 grantees after review and approval of the SJRWMD, ECFRPC, Volusia County
13 and the City. All conservation easements will name the City as a co- grantee but
14 the City will not have any responsibility for the costs associated with the
15 maintenance and management of the lands encumbered by the conservation
16 easements. All conservation easements will be in place and recorded in the
17 public records of Volusia County not later than the fifth (5 anniversary of this
18 Development Order. Such grantees shall have the capacity and capability of
19 conserving the lands and resources contained within a prospective conservation
20 easement. The conservation lands and easements that encumber them shall be
21 consistent with the requirements set forth in the SCD Comprehensive Plan
22 Amendment. Information about the SMMP shall be recorded as part of the chain
23 of title for each parcel within Restoration DRI.
24 (d) The SMMP shall also contain a plan for funding all aspects of the SMMP,
25 including, but not limited to, the long -term maintenance required for all habitat
26 management areas, habitat restoration, construction of eco- passages and
27 education, monitoring and enforcement of landscaping guidelines. The plan will
28 provide for the long -term availability of management funds that will not be subject
29 to homeowner or property owner referenda. A Master Property Owners
30 Association or other similar entity (a Community Development District, for
31 example) will be identified as the successor to the Master Developer for long -
19
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1 term funding and implementation of the SMMP.
2 (e) Any modifications to the SMMP that are approved via the ERP or Section
3 404 application review and approval process resulting in issuance of a permit
4 shall be incorporated into the SMMP by reference and reported in the Biennial
5 DRI report. All revised SMMP conditions and copies of the corresponding
6 permits giving rise to the revisions shall be provided to the City within sixty (60)
7 days of the issuance of said permit(s). To the extent either or both of the ERP or
8 Section 404 Permits contain terms and conditions that conflict with terms and
9 conditions of the SMMP, the terms and conditions of the ERP or Section 404
10 Permits are controlling and the SMMP shall be deemed to be amended so as to
11 conform to the terms and conditions of the ERP and Section 404 Permits.
12 9. WETLANDS
13 (a) All development shall comply with the Rules, Regulations and permitting
14 standards of the City, the SJRWMD and the ACOE relative to development in or
15 adjacent to wetlands.
16 (b) Proposed wetland impacts on the site are shown on Exhibit "E" attached
17 to this Development Order. The wetland impacts shown on Exhibit "E" are
18 proposed under permits to be applied for and obtained from the SJRWMD and
19 the ACOE. Any modification of wetland impacts, including allowance or
20 relocation of impacts by either or both of the SJRWMD or the ACOE shall, to the
21 extent permitted, be deemed acceptable and such modifications shall be deemed
22 approved and incorporated by reference into this Development Order and the
23 SMMP.
24 (c) Unavoidable losses of wetlands as defined by the SJRWMD and the
25 ACOE, shall be mitigated through restoration, enhancement, creation or
26 preservation of wetlands and uplands within the Restoration boundaries and in
27 accordance with adopted rules and regulations of the SJRWMD and ACOE. The
28 mitigation criteria of the SJRWMD and ACOE, as modified from time to time and
29 as reflected in the SJRWMD and ACOE permits to be obtained shall be used in
30 implementing such mitigation requirements, together with any additional
31 restrictions, conditions and limitations contained in the construction permit(s)
20
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1 issued by the SJRWMD thereafter. On -site wetland mitigation approved by the
2 SJRWMD and the ACOE shall be set forth in the SMMP.
3 (d) Upland buffers between on -site wetlands and any type of development or
4 land alteration shall, to the extent possible, be fifty (50) feet on average and
5 twenty -five (25) feet minimum, but if not possible, the buffer shall default to the
6 standards established in accordance with SJRWMD approvals. Such buffers
7 shall be delineated with temporary construction fencing prior to construction to
8 allow these areas to be maintained with existing or restored native vegetation.
9 (e) The on -site wetlands systems, upland buffers, and other areas
10 designated for conservation /preservation or on -site mitigation as identified
11 elsewhere in the SMMP in the SJRWMD and ACOE permits to be obtained shall
12 be regarded as preservation areas and identified as separate tracts in
13 accordance with the requirements of SJRWMD, the ACOE and the standards for
14 platting as applied by Volusia County and the City. Developmental uses of these
15 areas shall be restricted by Conservation Easements conveyed to the
16 appropriate grantees after review and approval of the SJRWMD, the ACOE, the
17 City and other applicable agencies having jurisdiction over the same. Volusia
18 County and the ECFRPC shall be provided copies of such easements. Use of
19 these areas shall be limited to nature trails and bikeways, elevated boardwalks,
20 installation and management of monitoring wells and production wells for potable
21 water and other uses permitted by the SJRWMD and the ACOE and which can
22 be constructed and maintained in such a manner that adverse impacts to
23 adjacent and nearby wetlands and habitat protection areas are avoided and
24 minimized. Maintenance of these areas will be as set forth in the SMMP and /or
25 permits authorizing their construction. Nothing in the language of the
26 Conservation Easement shall preclude the Developer or other entity designated
27 by the Developer from performing maintenance or management of these lands
28 as long as these activities are consistent with the protocols set forth in SMMP
29 and /or the permits issued by the SJRWMD and the ACOE.
30 (f) All preservation areas, upland buffers and mitigation areas shall be
31 platted as tracts and /or easements with development rights eliminated except as
32 noted in e. above. All such areas will be administered and managed by the
21
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1 Master Developer or an HOA, POA, CDD or other legal entity consistent with the
2 requirements of the SMMP and /or the permits issued by the SJRWMD and the
3 ACOE. If an HOA, POA or CDD or other legal entity administers and /or the
4 Grantee of the Conservation Easement manages these areas, then it shall have
5 the power to assess and lien property owners within the Restoration
6 development for the purpose of ensuring adequate funding to implement the
7 purposes set forth herein and in the SMMP unless other alternative and
8 adequate funding mechanisms are put in place.
9 10. WATER SUPPLY AND WATER QUALITY
10 (a) The City of Edgewater Consumptive Use Permit authorizes the City to
11 produce water in amounts that are adequate to support the development of
12 Phase 1 of the Restoration development without compromising the City's
13 obligation under separate Interlocal Agreements to provide up to 450,000 GPD to
14 Volusia County. Accordingly, the City will, at the Developer's expense provide
15 water to the Restoration development through Phase 1. However, the
16 Restoration Project shall not proceed past the development of Phase 1 until an
17 adequate water supply source is identified that will support the amount of
18 development proposed for each subsequent phase as demonstrated through an
19 appropriate modification to the City of Edgewater Consumptive Use Permit or the
20 designation of an Alternative Water Supply source that is approved by the
21 SJRWMD and the City of Edgewater without compromising the preexisting
22 obligations to meet the needs of current retail and wholesale customers. The
23 City does not guarantee the availability of water supply beyond the levels
24 currently authorized under its existing CUP, and the Master Developer
25 recognizes that future water supply production must be addressed and agrees to
26 participate with the City in the development of the same, including AWS.
27 (b) To augment water supply, the Master Developer shall develop and
28 implement a quantifiable water conservation best management practices
29 "protocol" to be considered as a part of an "Alternative Water Supply." It will set
30 water budgets that describe and specify the reduced service levels to be
31 achieved in potable water use and the mechanisms to be employed in order to
32 accomplish the same including, without limitation, specified reductions in irrigated
22
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1 areas within the build envelope of the Project. Such protocols will be subject to
2 the review and approval of the SJRWMD, ECFRPC and the City.
3 (c) The Master Developer shall address pesticide and nutrient control within
4 the Restoration DRI by developing a program that is consistent with the
5 University of Florida's Florida Yards and Neighborhoods ( "FYN ") Recognition
6 Checklist (January 2007 version) or to a comparable landscape standard
7 determined in cooperation with PREC or another comparable, credible agency.
8 The program shall be referenced and incorporated into the SMMP, and where
9 appropriate, in a CDD or a Homeowners or Master Property Owners Association
10 Covenants, Conditions and Restrictions ( "CCRs ").
11 (d) The CCRs will include a requirement obligating the POA or the HOA for
12 ongoing education within the Restoration community to include as an example
13 (1) a requirement that all homebuyers and subsequent purchasers be given
14 copies of the landscaping standards in the form of an Operations and
15 Maintenance Manual, and (2) provision for the incorporation of interactive
16 environmental education materials accompanied by a website with current
17 environmental education content for the Restoration community.
18 (e) The Master Developer or a legal operating entity established in
19 accordance with the SJRWMD Basis of Review criteria will monitor and maintain
20 stormwater management, lakes, ditches, wetlands and preserved uplands after
21 establishing baseline conditions consistent with the environmental permits to be
22 obtained from the SJRWMD and the ACOE. To the extent required by the
23 permits aforesaid, the Master Developer will report on the monitoring results in
24 each Biennial DRI report and will use the same to modify homeowner education
25 and landscaping source control guidelines as needed.
26 (f) The Master Developer and all other developers doing work within the
27 Restoration DRI will employ best management practices for erosion and turbidity
28 control and these practices must be detailed on construction plans that are
29 subject to review by the City of Edgewater.
30 (g) The provisions of Florida Water Star -sM Silver certification program as
31 administered by the SJRWMD and published in January 2009 shall apply to
23
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1 development within Restoration. Updates or revisions to January 2009 Silver
2 version, if adopted, shall govern and apply to Restoration to the fullest extent
3 practicable.
4 (h) The Master Developer will integrate both source control and treatment
5 train approaches to protecting wetlands and water quality through (1) source
6 control measures specified as a requirement in the landscaping standards and
7 accompanied with monitoring and reporting in the Biennial DRI reports for a
8 period of six (6) years after completion of the system described here, and (2) full
9 integration of a series of ecologically enhanced stormwater basin style wetlands
10 approved by the SJRWMD into the stormwater management plan. The Master
11 Developer will consult with representatives of the University of Florida /Institute for
12 Food and Agricultural Sciences ( "US /IFAS ") to develop these criteria more fully
13 and the outcome of this consultation will be reported in the first Biennial Report
14 required herein.
15 (i) To meet non - potable water use demands of the Project, the development
16 shall use the following sources in order of priority noted for surface irrigation of
17 common and private areas (including residential landscaping) unless prohibited
18 by the SJRWMD or other regulatory agency having jurisdiction over the use of
19 non - potable water:
20 (i) Treated wastewater or reclaimed water made available to the
21 Property by the City or surface water stored on -site in surface water
22 storage ponds or other sources of stormwater reuse.
23 (ii) Potable water may be used in residential lots only if no lesser
24 quality source is available and then only for so long as is reasonably
25 necessary to either allow grow in of new plant material or to sustain
26 existing plant material.
27 (iii) All water used for irrigation, whether reclaimed or potable, will
28 require as a condition of use that soil moisture sensors or other smart
29 irrigation technology be employed so as to manage flows and distribution
30 of water. The methodology to be employed shall be reported in the first
31 Biennial Report required herein. Verification of the use and proper
24
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1 functioning of these technologies will be conducted and reported in
2 subsequent Biennial Reports.
3 0) The Developer shall obtain water and wastewater services from the City
4 subject to the City's prevailing rate resolutions and ordinances.
5 (k) Prior to construction approval, the Master Developer shall enter into a
6 written agreement with the City to address the provision of infrastructure needed
7 to supply reclaimed water from the City's wastewater treatment facilities to the
8 Project in order to allow the project to meet the conditions in paragraph (i) above.
9 (1) The Master Developer shall provide for the installation of reuse
10 infrastructure necessary to serve all irrigated areas within the Project along with
11 the installation of utility infrastructure for the Project, provided, however, the City
12 shall have no obligation to provide reuse water to the Master Developer or the
13 Development in excess of that which is available to the Master Developer or the
14 Development in the ordinary course from the City's wastewater treatment
15 facilities. The Master Developer will bear the cost of the design and construction
16 of the reuse lines required to service the Project unless the City requires that
17 such reuse lines be oversized to accommodate uses outside the Project, in which
18 case the City will pay the cost associated with such oversizing.
19 11. PUBLIC FACILITIES
20 (a) Sites sufficient for Fire, Emergency Operations, EMS, Police and utility
21 services will be provided to the City by the Master Developer within the Project in
22 locations to be mutually agreed upon and the Master Developer will coordinate
23 with the City to design and construct these facilities. For buildings to be
24 constructed other than utility buildings, the Master Developer will pay the costs of
25 the external shell of all buildings and the City shall pay the costs of the interior
26 partitions, furniture, fixtures and equipment. The solid waste transfer station,
27 water storage tank and wastewater expansion facility and the buildings that
28 support the same shall be paid for by the Master Developer. In addition, the
29 Master Developer shall locate a site suitable for a new city hall or an adjunct city
30 hall at a location to be determined by the City and Master Developer and shall
31 dedicate such site to the City provided the City elects to relocate the city hall or
25
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1 adjunct city hall within Restoration. If located within the Restoration site, the
2 Master Developer will also design and construct the new city hall or adjunct city
3 hall, at its sole cost and expense, exclusive of furniture, fixtures and equipment,
4 and dedicate such city hall facility to the City. If the City determines not to
5 relocate city hall to the Restoration site, but elects to locate city hall on lands
6 outside of Restoration, then the Master Developer will make a one time financial
7 contribution to the City for the development of the new city hall in an amount that
8 represents twenty percent (20 %) of the cost of design and construction of the
9 external shell of the new city hall not to exceed Seven Hundred Fifty Thousand
10 Dollars ($750,000). In addition to the Utility Site, four (4) well locations will be
11 reserved on -site in the locations shown on Map "H -1," Exhibit "C ." The Utility Site
12 will also allow room for a solid waste transfer facility, a water storage tank and a
13 wastewater expansion facility. The well locations as currently shown on Map "H-
14 1" will be subject to appropriate testing to determine the probable productivity of
15 the locations. If the locations shown on Map "H -1" prove, after appropriate
16 testing, to not meet ordinary production criteria either for quantity or quality, then
17 the Master Developer will cooperate with the City in an attempt to locate
18 alternative well sites within Restoration to accommodate the requirement set
19 forth in this section. The cost of any testing undertaken by the City in order to
20 determine the suitability of any one or more of the proposed well sites for the
21 production of both the quantity and quality of potable water will be paid for by the
22 Master Developer to the extent that such water is to be used in Restoration,
23 otherwise the Master Developer will pay only its proportionate fair share of the
24 costs of testing.
25 (b) The City will reasonably cooperate with the Master Developer to build the
26 facilities identified in the locations provided or otherwise agreed upon in a
27 manner and form that is supportive of the architectural and landscape protocols
28 established by the Master Developer in those locations within the Restoration
29 DRI. These will include compliance with the protocols established for work in
30 natural /preserve areas as set forth in the SMMP as the same may be amended
31 by the SJRWMD and USACOE permits to be obtained and as the same may be
32 memorialized in the conservation easements.
33 (c) The potable water supply system will be designed as a hydraulically
26
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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 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 DRI. 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
27
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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 Board, 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 Board 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 "B " ). 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 Board of Volusia County.
21 14. TRANSPORTATION
22 (a) The Restoration DRI is to be developed as a Transit Oriented
23 Development ( "TOD ") 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 Boulevard. By 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
28
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1 Restoration.
2 (b) Prior to the issuance of any certificates of occupancy, the Master
3 Developer shall provide 150 feet of right -of -way for and construct a four -lane
4 extension of Indian River Boulevard, herein referred to as the Indian River
5 Boulevard Extension, from Williamson Boulevard to the intersection at the 1 -95
6 Southbound Ramps (a distance of approximately one mile). The City shall grant
7 full vesting for the project with respect to impacts to Indian River Boulevard
8 Extension through build out of Phase 111 (11,245 total PM Peak -Hour Trips).
9 (c) An agreement pertaining to improvement #5 in the table shall be entered
10 into between Volusia County and the Master Developer within twelve (12)
11 months after the effective date of the Development Order for this project. An
12 agreement pertaining to improvements 1, 2, 3, 4, 6, and 7 shall be entered into
13 between the Florida Department of Transportation, and the Master Developer
14 prior to adoption of this Development Order by the City and said agreement shall
15 be transmitted with this Development Order to the DCA. Said agreement(s) shall
16 address the manner in which the project impacts pertaining to those
17 improvements identified in the attached table will be mitigated. The value of the
18 project's proportionate -share shall be calculated in accordance with the agreed
19 upon costs and the proportionate -share percentages identified in the table below.
20 The agreements shall address the timing of mitigation payments, the option of
21 pipelining proportionate share mitigation fees, and any provisions for
22 transportation impact fee credits against proportionate share and mitigation fees.
23 Separate agreements may be entered into with one or more parties and the
24 Master Developer.
25 Upon the Master Developer's entering into an agreement pertaining to
26 improvements 1, 2, and 3 identified in the table, then the development shall be
27 vested with respect to impacts to the interchange at State Road 442 and 1 -95
28 through all development that cumulatively generates no more than 2,220 two -
29 way PM peak -hour trips or 1,243 PM peak -hour directional trips on the Indian
30 River Boulevard Extension immediately west of the 1 -95 Southbound Ramps.
31 Additionally, the Restoration DRI shall implement an annual traffic count program
32 to measure external project trips leaving the site, commencing one year following
29
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1 the M &M Study for Phase 2a and continuing through completion of Phase 2b of
2 the development program. The annual counts will quantify project trips traveling
3 through the interchange of S.R. 442/1-95. The methodology for the data
4 collection shall be coordinated with the FDOT, Volusia County, and the City of
5 Edgewater. However, should volumes on Indian River Blvd. West of 1 -95 exceed
6 the Phase 2 threshold of 1,243 peak -hour peak - directional project trips or 2,220
7 peak -hour two -way project trips, no further building permits shall be issued until it
8 can be demonstrated that (1) adequate additional capacity exists within the
9 interchange area or (2) additional improvements are identified to provide
10 sufficient capacity and agreements are in place to mitigate the project's impact.
Improvement
Proportionate -Share %
1
Signalize S.R. 442 at 1-95 SB Ramps
100.0%
2
Signalize S.R. 442 at 1-95 NB Ramps
100.0%
3
S.R. 442 at I -95 Improvements*
100.0%
4
Signalize S.R. 44 at Airport Road
33.0%
5
Signalize Old Mission Road at Park Avenue
29.5%
6
S.R. 421 at I -95 NB Rams (3rd WBT)
46.0%
7
S.R. 421 at I -95 SB Ramps (3rd SBL)
100.0%
*SR. 442 at I -95 Interchange Improvements will produce the following intersection geometries (as generally
depicted by Exhibit "E "):
S.R. 442 at I -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 1 left -turn lane
SB Approach: 21eft-tum lanes and 1 channelized right -tum lane
S.R. 442 at I -95 NB Ramps
EB Approach: 2 through lanes and 1 left -tum lane
WB Approach: 2 through lanes and 1 channelized right -turn lane
11 NB Approach: 1 le$ -turn lane and 1 channelized right -turn lane
12
13 (d) The Restoration DRI shall be divided into the following vehicular traffic
14 phases and subphases based on reaching any of the following thresholds or
15 years, as indicated below. Identified in subsection (e) below are traffic mitigation
16 undertakings of the Master Developer as set forth.
17
30
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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 1 b
13,178
26,355
1,170
2,940
1,272
2,940
2018
18,609
37,219
Phase 2a
2021
22,906
60,125
13,808
40,163
2,738
5,283
1,334
3,879
Phase 2b
2023
22,905
83,030
13,807
53,970
2,738
8,021
1,333
5,212
Phase 3
31,978
114,828
3,439
57,409
3,224
11,245
409
5,621
2028
1 External trips reflect anticipated internalization reductions but not passer -by reductions
2 *See five -year extension provision at 3.f.
3
4 (e) Monitoring and Modeling Prior to the initiation of Subphase 1b,
5 Phase 2a, Phase 2b and Phase 3 as identified in the preceding paragraph, the
6 Master Developer shall conduct a monitoring /modeling program. This program
7 shall ascertain the Level of Service ( "LOS ") on facilities where the Restoration
8 DRI is estimated to contribute an amount of traffic greater than or equal to five
9 percent (5 %) of the adopted LOS service volume. The methodology of the
10 monitoring /modeling program shall be agreed upon by the City of Edgewater, the
11 ECFRPC, Volusia County, the Florida Department of Transportation (TDOT"),
12 and the Florida Department of Community Affairs ( "DCA ") and the Developer.
13 The depth of each monitoring and modeling effort shall be similar to that required
14 within an ADA (to include all subsequent phases for projected roadway adversity
15 testing) but shall be consistent with the requirements of the City of Edgewater
16 Concurrency Management Systems as it relates to facilities within that
17 jurisdiction. All studies and monitoring /modeling programs shall be consistent
18 with the ECFRPC's methodology. Empirical data will be required to be collected
19 for the monitoring and modeling program on facilities where it is estimated that
20 the project contributes an amount of traffic greater than or equal to five percent
21 (5 %) of the adopted LOS maximum service volume. This shall include an origin -
22 destination survey to verify project trip distribution on the external roadway
23 network no earlier than seventy -five percent (75 %) through any applicable Phase
24 or Subphase. The origin- destination survey shall also verify the percentage of
25 project trips that travel to /from the development currently known as Reflections.
26 Concurrent with the timing of the origin- destination study, a trip generation and
31
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1 internal capture study shall be performed to verify trip generation and internal
2 capture assumptions for the development. A trip length study shall also be
3 conducted to verify model results. In the event that all parties cannot come to
4 agreement on the methodology, the ECFRPC, FDOT, the City of Edgewater and
5 Volusia County shall be the final arbiters. The City of Edgewater's decision shall
6 be final as it relates to the City of Edgewater facilities, the FDOT's decision shall
7 be final on state facilities, Volusia County's decision shall be final on Volusia
8 County facilities and the ECFRPC's decisions shall be final as it relates to all
9 other facilities. The study prior to buildout will be for informational purposes only.
10 Each M &M shall provide a roadway needs analysis for each future phase as well
11 as the phase being tested for mitigation requirements.
12 The facilities to be monitored /modeled for the next Phase or Subphase shall
13 include, but shall not be limited to, those segments of the regional roadways
14 listed below and one segment beyond where the Restoration DRI is estimated to
15 contribute a cumulative amount of traffic greater than or equal to five percent
16 (5 %) of the adopted LOS service volume. The analyzed facilities will include
17 signalized intersections and link analyses of collector and higher classified
18 roadways and interchange ramps.
19
20 The City of Edgewater, the ECFRPC, Volusia County, the FDOT, and the DCA
21 shall have the right to make reasonable requests for additional information from
22 the Developer to verify adherence to these provisions. The Developer shall
23 supply adequate information toward compliance with these requirements.
24 Candidate Roadways* for Monitoring /Modeling Study
Roadway
From
To
S.R. 44
I -4
Magnolia Street
Sugar Mill Drive
S.R. 44
Pioneer Trail
S.R. 442 (Indian River Boulevard)
Williamson Boulevard
U.S. 1
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. 1 /S.R. 5
Falcon Avenue /Riverside Drive
S.R. 442
Dunlawton Avenue
Taylor Road
Spruce Creek Road
Airport Road
S.R. 44
Pioneer Trail
Taylor Road
I -95
Clyde Morris Boulevard
2.5 * Intersection analyses of all roadways and ramps shall be included
32
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1 (f) Monitoring and Modeling Results /Mitigation The Restoration DRI
2 shall not commence beyond Phase 1 b (an equivalent of 2,940 external peak hour
3 trip ends) into Phase 2 or from Subphase 2a into Subphase 2b or from Phase 2b
4 into Phase 3 when service levels are below the minimum service level adopted in
5 the applicable local government's comprehensive plan during the peak hour and
6 the project contributes, or is projected to contribute with the next phase of traffic,
7 five percent (5 %) of the adopted LOS service volume of the roadway or
8 intersection as determined by the monitoring program required in the preceding
9 condition, unless mitigation measures and /or improvements are secured and
10 committed for completion of construction during the phase in which the impacts
11 occur. The schedule of required roadway improvements shall be tied to the
12 development level at which the improvement is needed within each subphase.
13 The Development Order shall be amended to incorporate the required
14 improvements and the commensurate trip level by which the improvement is
15 needed to support project development.
16 Consistent with the foregoing, Restoration will conduct a modified M &M study at
17 the end of Subphase 1a for the purpose of providing an interim look at the
18 impacts of Restoration on the regional transportation system. This additional
19 M &M study is for informational purposes only and no further mitigation or road -
20 way improvements shall be required until the M &M results demonstrate the need
21 for the same at the Phase break point between Phase 1 b and Phase 2a and
22 between Phase 2a and Phase 2b and between Phase 2b and Phase 3.
23
24 For the purposes of this Development Order, adequate "secured and committed"
25 mitigation measures shall include one of the following:
KI-
27 (i) A roadway improvement scheduled for construction within the first
28 three (3) years of the appropriate local government's adopted
29 comprehensive plan capital improvement element (or as otherwise
30 provided in the applicable jurisdiction's capital improvement element); a
31 roadway improvement scheduled for construction within the first three (3)
32 years of the FDOT's five -year Work Program.
33 (ii) A binding financially secured and irrevocable commitment by the
33
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1 Master Developer or other appropriate persons or entities for the design,
2 engineering, land acquisition and actual construction of the necessary
3 improvements coupled with the posting of a cash bond, surety bond,
4 irrevocable letter of credit, escrow account or other security in a form
5 acceptable to the agency of jurisdiction within the next three (3) years and
6 incorporated by reference into the development order.
7 (iii) Any other mitigation option specifically provided for in this
8 development order.
9 (iv) Any other mitigation option permitted by law, including a local
10 government development agreement consistent with Chapter 163, Florida
11 Statutes which mitigates the projected impact and is incorporated into the
12 development order by amendment.
13 (v) A proportionate share agreement provided by the Master
14 Developer pursuant to Rule 9J- 2.045, F.A.C., and Chapter 380.06(15)(e),
15 Florida Statutes
16 These mitigation measures shall occur by the required threshold in order for the
17 project to proceed through the balance of the applicable phase. If the Developer
18 can demonstrate that a portion of a phase does not adversely affect the Regional
19 Roadway network as determined by the monitoring and modeling tests discussed
20 above, then the Developer may proceed with that portion of the phase (and only
21 that portion).
22 In the event that a roadway widening is identified which is not compatible with
23 adopted policy of the FDOT or local government (e.g., constrained), the
24 Developer, the City of Edgewater, or the party having either maintenance or
25 jurisdictional responsibility for the facility, together with the ECFRPC, shall
26 determine alternate mitigation solutions to provide for the movement of people.
27 Toward the achievement of the objectives in the two preceding conditions, an
28 agreement(s) among the City of Edgewater, Volusia County, New Smyrna
29 Beach, the FDOT, Florida Turnpike and the Developer may be entered into within
30 twelve (12) months of the issuance of a development order for this project by the
31 City of Edgewater. Said agreement(s) shall address and clarify such issues
34
079826, 000001, 102542851.11
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1 related to equity in the application of collected fees for transportation
2 improvements. Application of fees shall be on a fair share basis with respect to
3 the improvements to be provided and not solely on the basis of impact fees.
4 However, such an agreement would not alter or waive the provisions and
5 requirements of the other conditions of the Development Order as a mitigative
6 measure for the transportation impacts for the Restoration DRI. In the event that
7 one of the designated parties to the agreement (other than the Developer) fails to
8 execute said interlocal agreement(s) within the specified time, then the
9 Developer may proceed with the project based upon the monitoring /modeling
10 schedule and all other recommendations specified herein as it affects the non -
11 participating party. Separate agreements may be entered into with one or more
12 parties and the Developer.
13 The following state and regionally significant roadway segments are projected to
14 be both significantly impacted by traffic from the Restoration DRI development
15 and to operate below the adopted LOS standard. Mitigation must be in place
16 prior to the Restoration DRI entering the designated phase unless the results of
17 the monitoring and modeling study document that mitigation is not required for
18 the development level requested for that phase. Alternative improvements may
19 also be presented based on future monitoring and modeling study results. This
20 list shall be amended based upon the results of the Monitoring and Modeling
21 study as necessary and incorporated into the Development Order.
22
23
Rd
o
n
L i, it s
I m o[
P h a I I
S R 4 4
I -9 5 to G l e n c o e R o a d
IV i den t o 6
L It
ae er
NV i d to 6
L
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w d to 6
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T a v t o r R o a d t o C l v d e M o i l s B o u l e a n d
NV i d to 8
L
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T a y t o i R o a d
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NV d o 4
L a R" B
T a v to i R o a d
D u n law ton A e n v e to C l v d e M o i l s B o u l
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ae
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In d is n R i e i B o u 1e a rd to S .R 4 4
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N
R a d
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e
w i den t o 6
S R 4 4
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L
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S R 4 4
I -9 5 t o M is s is n D i e
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NV i d to 6
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I -4 / S.R 400 to U. S 92
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S. R 4 4 2 t o J o s e p h i n e S t r e e t
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(S R 4 2 1)
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w d e to 4
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ae
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In d is n R i e i B o u 1e a rd to S 4 4
`e 4 L an e
N
.R
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079826, 000001, 102542851.11
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35
1 Eight laning of roadways may not be compatible with state and local plans.
2 Transit operations or alternate parallel facility improvements should be
3 considered. A timeframe and responsible party for the implementation of the
4 following improvements shall be identified by the start date for each project
5 phase at the beginning of each phase.
6 If the monitoring /modeling results as set forth hereinabove show that
7 improvements must be made to roadway facilities, and if mitigation is not
8 provided as set forth in these conditions or as otherwise required pursuant to
9 Rule 9J- 2.045(7), then prior to any construction of future phases and subject to
10 the provisions of Chapter 380.06(15(e), Florida Statutes the Developer, the City
11 of Edgewater and the entity with jurisdiction over the roadway facility may enter
12 into an agreement which ensures that:
13 (vi) a proportionate share payment is made by the Developer to the
14 appropriate entity(ies) to mitigate project impacts;
15 (vii) said proportionate share payment shall be used by the appropriate
16 entity only for the design, engineering, right -of -way purchase, permitting
17 and /or construction of improvement to the segments /intersections for
18 which the payment is made; and
19 (viii) said proportionate share payment by the Developer constitutes
20 adequate provision for the public facilities needed with respect to the road
21 segments to accommodate the impacts of the project through the phase
22 for which the proportionate share was calculated, as required by Chapter
23 380.15(e)(2), Florida Statutes All such proportionate fair share
24 agreements shall be included in this DO by amendment pursuant to
25 Chapter 380.06(19), Florida Statutes The formula to be used to
26 determine proportionate share contribution is as follows:
(DRI Trips)
x Cost = Proportionate Share
SV I ncrease
27
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1 For this formula, DRI Trips is the cumulative number of trips from the
2 development expected to reach the roadway during the peak hour from the
3 phase under development. Service Volume ( "SV ") increase is the change in
4 peak hour maximum service volume of the roadway resulting from construction of
5 the improvement necessary to maintain the desired level of service; and Cost of
6 Improvement is the cost (at the time of Developer payment) of constructing an
7 improvement necessary to maintain the desired level of service, including all
8 improvement associated costs (engineering design, right -of -way acquisition,
9 planning, engineering, inspection, and other associated physical development
10 costs directly required and associated with the construction of the improvement)
11 as determined by the governmental agency having maintenance obligations over
12 the roadway. Transit service and facilities shall be considered in the
13 proportionate share calculations.
14 Notwithstanding any provision contained herein to the contrary, except as
15 specifically agreed in writing, the City of Edgewater, and the entity with
16 jurisdiction over the roadway facility shall have no financial responsibility to
17 contribute to or participate in the funding of the design, engineering, permitting,
18 and /or construction of roadway improvements.
19 The monitoring and modeling required prior to each phase or subphase shall be
20 used to verify impacts from previous phases and to more accurately estimate
21 probable impacts from later phases. The M &M undertaken prior to Phase 2a
22 shall also assess full buildout. If necessary, the proportionate share amount will
23 be adjusted to reflect actual impacts from a phase and the more accurate
24 information, which will result from the estimates for later phases; provided,
25 however, that any impacts from prior phases which have been mitigated in
26 accordance with any of the methods set forth in this Development Order shall not
27 be included in any subsequent proportionate share calculations. If it is verified
28 that the roadway improvements mentioned above are still needed, then the
29 project shall not proceed into later phases until either the proportionate share
30 payment is made or the needed improvements are scheduled for construction in
31 the applicable entities' work program within the first three (3) years from the date
32 when impacts are estimated to be significant and adverse.
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1 If the parties cannot reach agreement independently prior to the date when
2 impacts are estimated to be significant and adverse, or if so desired by the
3 parties at any time, then the issues in dispute shall be submitted to the ECFRPC
4 for either voluntary mediation pursuant to its adopted dispute resolution process
5 or to binding arbitration pursuant to the rules and procedures of the American
6 Arbitration Association ( "AAA ") unless otherwise agreed by the parties in dispute.
7 The solutions recommended as a result of this process shall be implemented and
8 the DO amended pursuant to Chapter 380.06(19), Florida Statutes to include
9 these solutions.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
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
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 buildout.
All such improvements shall be consistent with TOD protocols and pedestrian -
friendly design.
The development plan will include multiple roadways through the Restoration
DRI in order to provide adequate capacity and alternative routes through the
development.
(g) Funding 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
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38
1 with payments of other developers subject to the interlocal agreement. In the
2 event that the six- Ianing of this section of S.R. 44 is not committed at the time of
3 future monitoring and modeling studies, this fair -share contribution shall be
4 applied as a credit against mitigation for future phases of the Restoration project
5 along the subject segment(s) of S.R. 44 for which payment is made. Should the
6 fair -share contribution exceed the project's proportionate share responsibility for
7 these same improvements as calculated in the future monitoring and modeling
8 studies, then consideration shall be given to applying such overpayment as a
9 credit towards the project's proportionate share for improvements to other
10 roadways and /or intersections.
11 15. ALTERNATIVE TRANSPORTATION STRATEGIES
12 (a) Flextime Initiatives The Master Developer and /or Developers
13 developing in Restoration shall promote and encourage on -site employers to
14 offer variable work hours and flextime schedules for their employees as one
15 means of reducing peak hour travel demand. Acceptable methods for "promoting
16 and encouraging" include, but are not limited to; provisions in land sale contracts
17 and /or Covenants, Conditions and Restrictions encouraging retail, office and
18 institutional uses to offer variable work hour and flextime schedules to
19 employees; establishment of or participating in a Transportation Management
20 Association whose purposes include promoting and encouraging travel demand
21 management. The Master Developer shall select the method or methods for
22 compliance with this requirement prior to the sale of any land for retail, office or
23 institutional use, and will notify the City in writing of its selection and means of
24 implementing the selection and shall be included in Biennial Report. As part of
25 subsequent transportation modeling and monitoring programs for Phase 2 and
26 Phase 3, an inventory of employer- based, variable work hour and flextime
27 programs will be conducted, and the impact of the program evaluated in terms of
28 reductions in peak hour travel produced by the Project.
29 (b) Transit and Ridesharing The Master Developer and /or Developers
30 developing within Restoration shall promote the use of transit, and ridesharing
31 programs by tenants, residents and employees. Promotion of the use of such
32 programs may be accomplished through: the display of service schedules in
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1 prominent public gathering areas and near service stops; preferential parking for
2 vans and cars that are part of a ridesharing program; publication of newsletters
3 delivered to tenants, residents and employees that provides ridesharing
4 information. As part of subsequent transportation modeling and monitoring
5 programs for Phase 2 and Phase 3, the rideshare program will be analyzed, and
6 the impact evaluated in terms of use and reductions in peak hour travel
7 attributable to the program.
8 (c) Bicycle /Pedestrian Systems In the interest of safety, and to promote
9 alternative forms of transportation consistent with the SCD designation, the
10 Master Developer shall provide the following bicycle and pedestrian systems:
11 (i) The on -site bicycle systems shall be connected into any adjacent
12 external bicycle systems existing at the time of construction.
13 (ii) Protected walkways shall be designed into the front of non -
14 residential structures along Williamson Boulevard to the maximum extent
15 practicable, but such provision shall not be construed so as to create a
16 mandatory design element, but to create a heightened sensitivity to
17 ensuring cover from the elements for pedestrians walking on Williamson
18 Boulevard.
19 (iii) In all areas of the Restoration DRI, where cycling will be
20 accomplished on both sidewalk /bikeways and streets, appropriate
21 signage identifying bike routes shall be installed.
22 (iv) Special consideration shall be given to bikeways connecting
23 neighboring residential areas to employment and commercial areas.
24 (v) Bicycle support facilities, such as covered parking and lockers,
25 shall be provided at commercial areas and work areas.
26 (vi) Improvements to area roadways should be encouraged to
27 incorporate bicycle and pedestrian facilities that are internal to the
28 Restoration DRI. New roadways or reconstructed roadways approaching
29 the Property shall include bicycle facilities.
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1
(d) The Transit Corridor The Master Developer or its successor shall
2
participate in the design, funding, preparation and implementation of a Transit
3
Corridor Plan for the Restoration development as the same is shown on
4
Exhibit "B" attached. The Master Developer, and the City together with other
5
service agencies identified by the same as necessary or desirable participants
6
will undertake the preparation of this plan for the development of an electric fixed
7
rail transit system (transit system) within Restoration. The phasing of the electric
8
transit system, including a risk management plan, the sources of capital for the
9
plan, design, development and operation of the transit system will be the
10
responsibility of the Master Developer, and neither the City of Edgewater nor
11
Volusia County shall have any financial responsibility for the transit system. The
12
Transit Corridor Plan shall be submitted to and reviewed by the City, Volusia
13
County, and the ECFRPC within three (3) years following the approval of this
14
Development Order and shall be adopted as part of the Development Order
15
through a Chapter 380.06(19), Florida Statutes Notice of Proposed Change.
16
Such proceeding is deemed not be a substantial deviation. The Transit Corridor
17
Plan contemplated by this condition envisions a fixed rail, electric train system
18
that will be completed and operational by the end of Phase 2. The Transit
19
Corridor Plan shall be submitted to Volusia County, New Smyrna Beach and
20
FDOT for review and comment. Comments received from the same shall be
21
incorporated in the Transit Corridor Plan to the extent possible giving due
22
consideration to costs, logistics and existing technologies.
23 The funding for the development of the transit system will be identified at the time
24 of submission of the Transit Corridor Plan described herein and if construction of
25 the transit system is not commenced consistent with the terms of the Transit
26 Corridor Plan such that it can be completed and operational by the end of Phase
27 2 (force majeure excepted), then such failure shall be a substantial deviation as
28 defined under Chapter 380.06(19) Florida Statutes and the Master Developer
29 must seek regional review for the failure to construct the transit system.
30 Restoration and the Master Developer after completion of the required M &M
31 Study at the end of Phase 2 may request that Volusia County, FDOT, the City of
32 Edgewater, and any other jurisdiction whose roadways or intersections are
33 significantly and adversely impacted by the Restoration DRI consider the Master
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1 Developer's commitment to fund the ongoing operation and maintenance cost
2 ( "O &M ") of the transit system as constituting a proportionate share payment in
3 lieu of funding the equivalent cost of roadway mitigation requirements otherwise
4 applicable at the commencement of Phase 3. FDOT Strategic Intermodal
5 System ( "SIS ") facilities are excluded from this consideration and must be
6 mitigated per the Master Developer's proportionate share responsibility under
7 applicable Florida Statutes If the impacted parties do not agree to accept the
8 Master Developer's obligation to fund the O &M cost of the transit system as a
9 proportionate share payment in lieu of funding the transportation /roadway
10 mitigation requirements calculated at the M &M study prior to proceeding into
11 Phase 3, the Restoration DRI shall proceed to mitigate its transportation roadway
12 impacts in the ordinary course. Nothing contained herein would preclude one or
13 more of the substantially and adversely affected parties from agreeing to such a
14 waiver in whole or in part. The inclusion of this provision does not constitute an
15 endorsement by the reviewing agencies and will require additional review and
16 consideration at the time of the M &M study prior to proceeding into Phase 3.
17 (e) Park and Ride Spaces The Developer shall coordinate with the City of
18 Edgewater and property owners to ensure the provision of park and ride spaces
19 on site. At least three hundred (300) unassigned vehicle parking spaces shall be
20 provided and may be shared with parking for commercial land uses. The park
21 and ride spaces shall be proximate to the transit system when established with at
22 least half being within the northern commercial parcels and the balance in the
23 Town Center.
24 (f) Williamson Boulevard /Dedication and Development
25 (i) Dedication of right -of -way for Williamson Boulevard. The Master
26 Developer shall convey unencumbered title to right -of -way intended to
27 support the proposed Williamson Boulevard transportation improvements
28 as described on the Master Development Plan — Map "H." The
29 conveyance shall be made at the direction of the City and Volusia County
30 as provided below:
31 (1) The Master Developer shall convey a right -of -way not to exceed
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1 190 feet in width for Williamson Boulevard. Additionally, the
2 Master Developer shall convey or otherwise set aside sufficient
3 land area to accommodate the stormwater management
4 requirements for Williamson Boulevard. The maximum number of
5 travel lanes for any section of Williamson Boulevard shall not
6 exceed six (6). The Master Developer shall complete the
7 conveyance of the Williamson Boulevard right -of -way after the
8 Master Developer has, at its expense, completed the design and
9 construction of Williamson Boulevard in accordance with plans
10 reviewed and approved by the City and Volusia County.
11 Williamson Boulevard will be completed by the end of Phase 2a.
12 The dimensions and alignments of Williamson Boulevard shall be
13 in conformance with the overall need for continuous, direct, and
14 efficient vehicular movement from surrounding areas of the City
15 and County through the Restoration DRI, coupled with the need to
16 support and further the concept of a pedestrian oriented and
17 transit ready roadway to serve the community as outlined in this
18 Development Order. Williamson Boulevard transportation
19 improvements contemplated in this Development Order shall be
20 designed and built in substantial conformity with the Williamson
21 Boulevard plan view and cross - section as shown on Exhibit "G"
22 attached hereto, and as described in the Transportation Corridor
23 Plan above.
24 (2) The Restoration DRI shall not commence beyond Phase 2
25 (an equivalent of 5,212 external peak hour trip ends) into Phase 3
26 until the Williamson Boulevard improvements within the
27 Restoration DRI are constructed and operationally sufficient to
28 support the traffic generated by the Restoration development.
29 Notwithstanding any of the foregoing, however, the following rights
30 are reserved to the Master Developer: (a) to ultimately
31 incorporate the stormwater runoff from the Williamson Boulevard
32 improvements into a master drainage system for the Restoration
33 DRI; and (b) to make minor adjustments to any of the right -of -way
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1 that has been dedicated to the City and /or County if final
2 engineering plans require the same.
3 (3) The Master Developer will reserve and set aside in its planning an
4 additional right -of -way eighty (80) feet in width which shall align
5 with Park Avenue east of 1 -95 and connect into Williamson
6 Boulevard to allow for the potential of another point of access to
7 Restoration across 1 -95. Other than this reservation of right -of-
8 way, neither Restoration nor the Master Developer shall have any
9 responsibility for the design, construction or operation of this
10 additional right -of -way unless otherwise agreed.
11 16. ARCHAEOLOGICAL RESOURCES - NOTIFICATION AND REPORTING
12 REQUIREMENTS The Master Developer, or any other subsequent Developer developing
13 within the Project, shall notify, or ensure the notification of construction personnel, through
14 posted advisories or other methods, of the potential for artifact discoveries on the Restoration
15 site and to report suspected findings to the project manager. In the event of discovery of
16 artifacts of historic or archaeological significance during project construction, the Master
17 Developer and /or subsequent Developer shall immediately halt any construction activity within
18 one hundred fifty (150) feet of the location of any discovery that has the potential to adversely
19 affect the archeological find; and will, within three (3) business days of the discovery of artifacts
20 notify the City and the Division of Historical Resources ( "DHR ") of the Florida Department of
21 State. Thereafter, the Master Developer and /or Developer will coordinate the evaluation of the
22 artifacts with review agencies and provide any professional assistance necessary to document,
23 relocate, preserve or conserve the site and /or physical artifacts; provide proper protection of the
24 discovery in accordance with applicable law; and provide a written report to the agencies listed
25 above documenting the results of the site evaluation and mitigation /preservation actions
26 proposed or completed. The process and actions described above shall not extend beyond
27 exceed one hundred twenty (120) days to allow evaluation of the site, and, thereafter, the
28 Master Developer or Developer may continue with development.
29 17. ENERGY.
30 (a) Florida Power & Light will provide electrical power to Restoration, but the
31 master Developer reserves the right to undertake, in conformity with all
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1 applicable laws, the construction of a sustainable energy generation project to
2 either augment or replace in whole or in part, the power to be supplied by Florida
3 Power & Light.
4 (b) The Master Developer will require through the CCRs that all commercial
5 buildings within Restoration be designed and constructed following "green"
6 building practices. These include, but are not limited to LEED certification or
7 Florida Green Building Coalition Commercial Standard certification for
8 commercial structures to be developed at Restoration. All Residential Structures
9 shall meet the requirements of either the USGBC LEED for Homes, or the FGBC
10 Green Home Designation Standard. Substitute third -party programs deemed
11 comparable by the PREC or other comparable credible agency, and /or a series
12 of sustainability protocols determined in cooperation with PREC or other credible
13 agency may be substituted for the identified programs. Any substitute program
14 will be reported in the Biennial Report.
15 (c) All homes will use Energy Star Reflective Roof Products to minimize the
16 "heat island" effect. This is to be accomplished by using light colored roofing
17 materials that have Solar Reflective Index ( "SRI ") value equal to or greater than
18 SRI 78 for a low- sloped roof; SRI 29 for a steep - sloped roof. All homes will be
19 pre - plumbed to the roof deck for future solar thermal hot water; pre -wired to the
20 roof deck for future solar photovoltaic installations and all duct work and air
21 handlers will be in conditioned space.
22 (d) For common public amenities (street lights, lift stations, traffic signals)
23 design or purchase equipment to comply with the ASHRAE / IESNA 90.1 -2004
24 Standards. The Developer will benchmark energy use of conventional
25 equipment to reduce consumption.
26 (e) Reduce light pollution so that all outside luminaries are shielded and /or
27 meet the Full Cutoff IESNA Classification. The Developer shall use the
28 ASHRA/IESNA Standard 90.1 -2004, Exterior Lighting Section as a guide in
29 dealing with "dark skies" operational protocols for Restoration.
30 (f) All residential units will be designed and constructed to achieve a HERS
31 Index score of seventy (70) or lower in compliance with the U.S. Department of
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1 Energy Builder Challenge program.
2 (g) For the residential portion of the Development, the Master Developer or
3 Developer will provide information to the purchasers of the same on a variety of
4 energy saving options for utilization in the home.
5 (h) On the buildings where the Master Developer is not undertaking the
6 construction, the Master Developer will condition the sale of the land on the
7 Developer adhering to a like set of protocols to be included in the design,
8 construction and operation of the same. The Master Developer will report in the
9 first Biennial Report to be filed following the approval of building plans for
10 construction how and to what extent it has been able to meet any one or more of
11 these goals in the design, construction and operation of the Project. This report
12 will be for informational purposes only but will be used to determine when
13 education is needed to reduce post- occupancy energy usage to specified
14 standards and to determine if adjustments are needed in building practices of
15 future homes to achieve performance goals.
16 18. LANDSCAPING STANDARDS.
17 (a) The Master Developer will, in cooperation with the City, develop
18 landscape standards for the development of Restoration that have the goal of
19 minimal to no added inputs of water and synthetic fertilizers and pesticides and
20 memorialize the agreements relative to the same in the SMMP to be processed
21 and approved as a subsequent part of this Development Order. Additionally,
22 landscape standards are contemplated to be part of a PUD Agreement to be
23 adopted subsequent to this Development Order. As a minimum water
24 conservation standard, all homes shall be Florida Water Starsm Silver certified.
25 The landscape program shall be referenced in the CCRs and administered by
26 either a HOA, POA or a CDD to be formed.
27 All residential landscapes shall be substantially designed, installed and managed
28 in accordance with the University of Florida's Florida Yards & Neighborhoods
29 Recognition Checklist (January 2007 version). Conditions conducive to low
30 maintenance landscapes with minimal need for fertilizer, pesticides and irrigation
31 will be maintained and enhanced through landscaping standards that require
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1 minimizing soil compaction during construction to the extent practicable, and
2 protecting and conserving existing soils and vegetation or amending and aerating
3 soils as needed before landscape installation.
4 To ensure homeowners are in compliance with the requirements for minimal to
5 no added inputs of water and synthetic fertilizers and pesticides, the
6 POA/HOA/CDD covenants, in providing for long -term funding of conservation
7 measures on -site, shall include provision for a third party field contractor /on -site
8 naturalist for long -term environmental monitoring (including water quality, potable
9 water usage and biodiversity) and education to ensure environmental goals are
10 met. The third party field contractor /on -site naturalist will also monitor the
11 operation and maintenance of landscaping and stormwater management
12 systems. The POA/HOA or CDD shall provide additional community education
13 and /or enforcement through CCRs of existing or new rules as necessary to
14 correct any deficiency. The field contractor /on -site naturalist shall provide an
15 annual report of community compliance with landscape source control standards
16 to the Master Developer who shall, if appropriate, report to the appropriate
17 regulatory bodies.
18 Where recreational, common area and commercial areas are irrigated, all
19 irrigation water will be from stormwater reuse and /or reclaimed water sources
20 and all permanent in- ground irrigation systems will be fitted with a functioning ET-
21 controller (Evapotranspiration Controller) or soil moisture sensor controller, as
22 described in the Field Guide to Soil Moisture Sensor Use in Florida (University of
23 Florida and SJRWMD).
24 The community design and landscaping standards shall incorporate a long -term
25 plan for development of a tree canopy (sufficient to provide shade for at least
26 thirty percent (30 %) of the landscape at maturity), which once mature will reduce
27 the need for irrigation in the community.
28 (b) The plant material for use in the landscape program shall be comprised
29 primarily of drought tolerant plants adapted to local conditions. Plant materials
30 shall be selected from the SJRWMD Water Wise Plant Guide, or the University of
31 Florida's Florida Friendly Plant List, or other similarly acceptable or locally
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1 available plant material lists. Nothing contained herein shall preclude the Master
2 Developer from utilizing ornamental or decorative plants that are not classified as
3 drought tolerant, however, in all events, the landscaping of Restoration will be
4 seventy -five percent (75 %) drought tolerant vegetation adapted to the conditions
5 present. The Master Developer will be expected to develop, in cooperation with
6 the City, a planting palette as a part of the Design Guidelines to be made a part
7 of the SMMP and PUD Agreement incident to this Development Order and within
8 the Design Guidelines specify the nature and extent of both the plant materials to
9 be used in landscaping the Property. In no event will St. Augustine grass be
10 used in Restoration.
11 (c) Fertilizer application practices will be consistent with and utilize the Best
12 Management Plan titled "Florida Yard and Neighborhoods Recognition Checklist"
13 (January 2007 version). The referenced guidelines will be incorporated into the
14 SMMP and the PUD Agreement and will control the development and
15 implementation of the landscape management process.
16 (d) All landscaped open space areas shall be replanted using plants
17 authorized in the SMMP and the PUD Agreement to be adopted as part of this
18 Development Order. In all events, however, the plants listed on the most current
19 edition of Florida Exotic Pest Plant Council's List of Invasive Plant Species are
20 prohibited for use as a part of the landscape palette and cannot be used as a
21 part of the landscape material to be installed on the Project site.
22 (e) Plant material used for landscaping will conform to the standards for
23 Florida Number 1, or better as given in Grades and Standards for Nursery Plants
24 (1998 or latest) and Grades and Standards for Nursery Plants Florida
25 Department of Agriculture and Consumer Services, Tallahassee, Florida.
26 (f) In preparation for the development of Restoration the Master Developer
27 will, to the extent reasonably feasible, identify and inventory the large specimen
28 trees (defined to be hardwood trees with a minimum 36" dbh) within the build
29 envelop of the Project and prepare the same for relocation into the built
30 environment of Restoration as part of the landscape plan. The identified trees
31 will be root pruned, balled and stored until transplanting is appropriate during the
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1 construction of Restoration. The Master Developer will identify and label
2 specimen trees to be preserved in place within and without the build envelope of
3 the Project.
4 (g) Integrated Pest Management ( "IPM ") will be a priority over other
5 commercially- accepted pest control methods. IPM may involve the prevention of
6 pests through appropriate landscape designs, diversity of plant material
7 monitoring of sites for pest related problems, determining when a problem needs
8 attention and taking appropriate action with the least amount of environmental
9 impact. IPM will maximize the use of biological controls, organic pest control
10 methods, insecticidal soaps, and fish oils beneficial for lowering the
11 environmental impact of pest control.
12 VI. POLICE, FIRE AND EMS SERVICES
13 1. Police, fire and EMS service will be provided by the City.
14 VII. COMMUNITY DEVELOPMENT DISTRICT
15 1. The Master Developer may, in its discretion, elect to petition for the formation of
16 a Community Development District to serve all or a portion of the Project pursuant to
17 Chapter 190, Florida Statutes as the same may be in effect from time to time. The City hereby
18 gives its approval that such a district may be formed to undertake the construction and /or
19 funding of all or any of the mitigation and public infrastructure projects for which the Master
20 Developer is responsible under the terms of this Development Order, whether within or outside
21 the boundaries of the District to be formed, and including the payment of mitigation amounts
22 provided for in this Development Order or any permits obtained by the Master Developer as a
23 part of and incident to the development contemplated by this Development Order as a
24 co- obligor hereunder. Furthermore, such a District may also assume the requirements of any
25 Development Order Condition of Approval so long as the responsibilities are consistent with the
26 provisions of Chapter 190, Florida Statutes and the District Charter. This provision shall not be
27 construed to require the approval of any petition to form such a District, nor shall it be construed
28 to require the formation of such a District, but it shall be construed to suggest that if the Master
29 Developer elects to form such a District, the City will not oppose the formation of the same in
30 the absence of a demonstrable showing by a clear preponderance of the evidence that the
31 formation of such a CDD would be contrary to the public interest and the health, safety and
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1 welfare of the City and its residents. Absent such showing the Petition to form a CDD will be
2 approved in the ordinary course in accordance with the requirements of Chapter 190,
3 Florida Statutes
2
VIII. LOCAL MONITORING
5 1. The City shall be responsible for monitoring the development and enforcing the
6 provisions of this Development Order. The City shall not issue any permits or approvals or
7 provide any extensions of services if the Master Developer fails to act in substantial compliance
8 with this Development Order.
9 2. The established review and approval process for review of development as
10 established pursuant to the City Code and PUD Agreement shall constitute the monitoring
11 procedures for assuring compliance with this Development Order, as specified in Chapter
12 380.06(15)(c)1, Florida Statutes The local official responsible for compliance by the Master
13 Developer with this Development Order shall be either the City Manager or the City
14 Development Services Director or the City Development Services Director's designee.
15
IX. COMPLIANCE DATES
16 The Master Developer shall commence physical development of either five percent (5 %)
17 of Phase 1 of the Project (i.e., one hundred seventy -two (172) [residential units, commercial
18 square footage, etc.] or equivalent peak -hour directional trip ends) within five (5) years after the
19 effective date of this Development Order, otherwise this Development Order shall expire. The
20 Master Developer and the City estimate that approximately twenty (20) years will be required to
21 complete the development described in this Development Order. Accordingly, this Development
22 Order shall terminate on February 2, 2029; provided, however, effectiveness of this
23 Development Order may be extended on the City's finding of excusable delay, and no adverse
24 impacts resulting from the delay, in any proposed development activity, consistent with the
25 substantial deviation provisions of Chapter 380.06(19), Florida Statutes The termination date
26 of development rights granted by this Development Order shall not affect the continuing
27 obligations of the Master Developer or the enforcement authority of the City or the DCA, and the
28 Master Developer shall continue to be bound by the terms, general provisions and conditions of
29 this Development Order as they apply to development initiated up to the time of termination.
50
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1 X. DOWN ZONING, UNIT DENSITY REDUCTION OR INTENSITY REDUCTION.
2 Until 2033, the approved development described in this Development Order shall not be
3 subject to down zoning, unit density reduction or intensity reduction unless the City can
4 demonstrate that substantial changes in the conditions underlying the approval of this
5 Development Order have occurred, or that this Development Order was based upon
6 substantially inaccurate information provided by the Developer, or that the change is clearly
7 established by the City to be essential to the public health, safety and welfare.
8 XI. BIENNIAL REPORTING REQUIREMENT
9 In accordance with Chapter 380.06(18), Florida Statutes the Master Developer, its
10 successors or assigns, shall submit a biennial report on or before the two year anniversary date
11 of this Development Order and in every other or second year thereafter during the buildout of
12 the Project (the "Biennial Report "). The Biennial Report shall be submitted to the City, the
13 ECFRPC, the DCA, all affected planning agencies and any other affected permitting agencies
14 formally requesting copies of the same in writing to the Master Developer. The contents of the
15 Biennial Report shall comply with the relevant conditions of approval of this Development Order,
16 Chapter 380.06(18), Florida Statutes Rule 9J- 2.025(7), F.A.C, and any and all other and further
17 information required under applicable law. The Biennial Report shall include a statement that all
18 persons /agencies listed above or otherwise entitled to receive the Biennial Report have been
19 sent copies and the failure to timely submit the Biennial Report may subject the Master
20 Developer and the Restoration DRI to the temporary suspension of this Development Order in
21 accordance with Chapter 380.06(18), Florida Statutes
22 XII. MODIFICATIONS TO DEVELOPMENT ORDER
23 The Master Developer shall submit, simultaneously, to the City, the ECFRPC, and the
24 DCA any requests for approval of a proposed change to this Development Order. This
25 submission shall be in a format established by the DCA and shall include, at a minimum, the
26 precise language which is proposed for deletion or addition to the Development Order and a
27 statement summarizing all previous changes that have been made to the Development Order.
28 The Master Developer shall fully comply with Chapter 380.06(19), Florida Statutes regarding
29 substantial deviations.
51
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1
XIII. RECORDING
2 This Development Order, and any subsequent amendments to this Development Order,
3 shall be recorded by the Master Developer in accordance with Chapter 28.222, Florida Statutes
4 with the Clerk of the Circuit Court for Volusia County, Florida, at the Master Developer's
5 expense, immediately after the effective date of this Development Order, or any subsequent
6 amendment, in compliance with Chapter 380.06(15)(f), Florida Statutes The recording of this
7 Development Order shall not constitute a lien, cloud, or encumbrance on the Property, or actual
8 or constructive notice of any such lien, cloud or encumbrance.
E
XIV. DEVELOPER'S CONSENT
10 The Master Developer, by executing this Development Order, acknowledges that this
11 Development Order is binding upon the Property, and that the conditions of approval contained
12 herein apply to and control all further development of the Property, and that the conditions of
13 approval run with the land and are therefore applicable to and shall be complied with by any
14 subsequent purchaser, owner or assignee of any portion of the Property.
15
XV. APPLICABLE LAW
16 Development based upon this approval shall comply with all other applicable federal,
17 state and county laws, ordinances and regulations, which are incorporated herein by reference,
18 except to the extent the applicable laws, ordinances, and regulations are expressly waived or
19 modified by these conditions, or by action of the City Council.
20
XVI. EFFECTIVE DATE
21 This Development Order shall take effect upon transmittal by First Class Certified
22 U.S. Mail, return receipt requested, or other comparable express delivery service, to the
23 ECFRPC and the DCA.
24
25
26 [SIGNATURE BLOCKS APPEAR ON FOLLOWING PAGES.]
27
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA THIS DAY OF 1 2009.
ATTEST:
, City Clerk
APPROVED AS TO FORM AND LEGALITY:
, City Attorney
STATE OF FLORIDA
COUNTY OF VOLUSIA
CITY OF EDGEWATER, FLORIDA,
a municipal corporation
APPROVED:
MAYOR
By: Michael Thomas
The foregoing instrument was acknowledged before me this day of ,
2009 by Michael Thomas on behalf of the City of Edgewater, a Florida municipal corporation.
He is personally known to me or has produced as identification and
who [ ] did [ ] did not take an oath.
My Council Expires:
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Notary Public, State of Florida
Name Typed or Printed
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Witness Signature
Print Name
Witness Signature
Print Name
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54
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:
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STATE OF FLORIDA
COUNTY OF
On this day of 2008, before me personally appeared
, as 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
company, on behalf of the company, (_) who produced as identification
or (_) who is personally known to me.
Witness my hand and official seal in the State and County aforesaid, this day of
1 2008.
My Council Expires:
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55
Notary Public, State of Florida
Name Typed or Printed
INVI-M
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1*01- I'll 0111 "..
Legal Description
CITY OF EDGEWATER
PORTION OF THE RESTORATION PROJECT
CONTAINING 5187.045 ACRES
(BASED ON SURVEY PREPARED BY DANIEL W. CORY, PSM
DATED - REVISED DECEMBER 7, 2007)
19126 11`11111 call
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 114 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 I 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 89'14'48" East, along the South line of said Section 2, a distance of 1492.34 feet for the
POINT OF BEGINNING; thence North 02'53'33" West, a distance of 1524.17 Beet 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 35'19'46" and a chord of 8425.67 'feet which bears North
20'33'27" 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 4'56'44" and a chord of
1390.74 feet which bears North 35'44'57" West to the North line of said South 1/2 of the
Southeast 1/4 of Section 32; thence North 88'48'27" 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
4'24'58" and chord of 1223.95 feet which bears South 36'00'50" East to a point of reverse
curvature; thence 2384.62 feet along the are of a curve to the right, said curve having a radius of
14,116.72 feet, a central angle of 9'40'43" and a chord of 2381.79 feet which bears South
33'22'58" East; thence North 61'54'23" 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 59'16'52" and
rn
chord of 6786.17 feet which bears South 88 °27'11" East to a point of reverse curvature; thence
1627.27 feet along the are of a curve to the left, said curve having, a radius of 2829.14 feet, a
central angle of 32'57'20" and a chord of 1604.93 feet which bears South 75'17'25" East; thence
480.12 feet along the are 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 7'30'08" and a chord of 479.77 feet
which bears North 10"23'50" West to a point of compound curvature; thence 2782.07 feet along
the are of a curve to the right, said curve having a radius of 28,116.72 feet, a central angle of
5'40'09" and a chord of 2780,94 feet which bears North 03 °48'41" 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 1,7"30'43" and a chord of 3161.24 feet which bears North
09'43'58" West to the North line of said South 1/2 of the Northeast 114 of Section 34; thence
1i512(X)9
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North 88'35'24" 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 are 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 17'07"31 " and a chord of 3161.48
feet which bears South 09'3222" 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
5'40'09" and a chord of 2757.85 feet which bears South 03 °4$'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 42'02'52" and a chord of 2463.43 feet which bears South
27'40'11" 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 27'04'18" and a chord of
2395.16 feet which bears South 35'09'29" East to a point of reverse curvature; thence 2457.30
feet along the are of a curve to the left, said curve having a radius of 5883.28 feet, a central angle
of 23'55'52" and a chord of 2439.48 feet which bears South 33 East to a point of
tangency; thence South 45'33'12" 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 36'38'57" and a chord of 859.39 feet which bears South 27'13'43" East; thence
South 89'44'48" 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 77 West, along
said Westerly right of way, a distance of 168.81 feet; thence South 89'41'55" West, along said
Westerly right of way, a distance of 332.81 feet; thence South 00'18'05" East, along said
Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North
89'44'48" West, along said South line of Section 6, a distance of 2945.21 feet; thence 838.48 feet
along the are 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 42'23'29" and a chord of 819.49 feet which
bears North 24'21'27" West to a point of tangency; thence North 45'33'12" West, a distance of
530.97 feet; thence 2554.81 feet along the are of a curve to the right, said curve having a radius
of 6116.72 feet, a central angle of 23'55'52" and a chord of 2536.28 feet which bears North
33 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 27'04'18" and a chord of
2285.89 feet which bears North 35'09'29" 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 30'5848" and a chord of 1958.54 feet which bears North 33 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 34'00'14" and a chord of 1784.17
feet which bears North 75'48'52" 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
59'1652" and a chord of 6566.87 feet which bears North 88'27'1.1" West to a point of tangency;
thence South 61'54'23" 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 24'45'04", a chord of 6050.94 feet which bears South
15'16'05" East to a point of tangency; thence South 02'53t33" East, a distance of 1532.89 feet to
said South line of Section 2; thence South 89 West, a distance of 233.60 feet to the
POINT OF BEGINNING.
C: kN rRo ri Ill lSO L K: ITOR N.- SON\ 1026YI LDOC on j)-5,009 11:"' ANI Lasi print,:(; [!!;2(X)9
11:30 AM
Rite 2 (45
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 114, the Southwest 1/4 of the
Southeast 1/4, the Southeast 1/4 of the Southeast 1/4, the Southwest 1/4 of the Northeast 1/4 of
the Southeast 1 /4, the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4, the Northeast 114
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 00'23'50"
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 88'53'05" West along said South line of Section 32, a distance of
1121.77 feet to the Southwest corner of said Section 32; thence North 01'45'25" 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 88'48'27" 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 88 °44'47" 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
01'45'54" West, a distance of 663.33 feet to the Northwest comer of said Southwest 1/4 of the
Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 88 °44'01" 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 01 °50'38" Vest, 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 88'41'43" 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 88 °35'24" 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 88'07'06"
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 29'53'36" East, a distance of 452.54
feet; thence South 29'52'56" East, a distance of 1053.25 feet; thence South 29 °53'27°' East, a
distance of 1127.04 feet; thence South 29 °5323" 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 02'12'17"
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 88'44'36" 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 29 °52'54"
East, a distance of 1270.66 feet; thence South 29'53'55" East, a distance of 1005.54 feet; thence
South 29'52'17" 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 6'2325" and a chord of 938.53 feet which bears South 26 °41'16" East; thence
f; ct3a A l\ q I /5r2�� 9 I k2B:00 A:M 1_wm rrhved 1!'! /20fW
€ 1:?{I0) AM
South 00'15'12" West, leaving said right of way of Interstate 95 and along a line non-tangent to
said curve, a distance of 5905.65 feet to the South line of Section 6, Township 18 South, Range
34 East; thence North 89'44'48" West, along said South line of Section 6, a distance 3825.35 feet
to the Southeast corner of said Section 1; thence South 89'19'23" West, along the South line of
said Section 1, a distance of 5288.04 feet to the Southeast corner of said Section 2; thence South
89'14'48" West, along the South. line of said Section 2, a distance of 5299.92 feet to the
Southeast corner of said Section 3; thence North 00'20'15" West, along the East line of said
Section 3, a distance of 330.00 feet; thence South 89'01'09" West, a distance of 660.00 feet;
thence South 00'20'15" East, a distance of 330.00 feet to the South line of Section 3; thence
South 89'01'09" West, along the South line of Section 3, a distance of 4619.20 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 114 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 I 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: Con at
the Southwest corner of said Section 2; thence North 89° 14'4 8 " East, along the South line of said
Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02'5333"
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 35 °19'46" and a
chord of 8425.67 feet which bears North 20'33'27" 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 4'56'44" and a chord of 1390.74 feet which bears North 35'44'57" West to the
North line of said South 112 of the Southeast 1/4 of Section 32; thence North 88'48'27" 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 4'24'58" and chord of 1223.95 feet which bears South
36'00'50" 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 9'40'43" and a chord of
2381.79 feet which bears South 33'22'58" East; thence North 61'54'23" 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 59'16'52" and chord of 6786.17 feet which bears South 88'27'11" East to a point
of reverse curvature; thence 1627.27 feet along the are of a curve to the left, said curve having a
radius of 2829.14 feet, a central angle of 32'57'20" and a chord of 1604.93 feet which bears
South 75'1 T25" 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
7'30'08" and a chord of 479.77 feet which bears North 10'23'50" 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 5'40'09" and a chord of 2780.94 feet which bears North
03'48'41 " 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 17'30'43" and a chord of
3161.24 feet which bears North 09'43'58" West to the North line of said South 1/2 of the
Northeast 1/4 of Section 34; thence North 88'35'24" East along said North line of the South 1/2
11)OC W AM LaSi P611Wd
11:30:00 AM
NO
't "! of 5
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 are 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 17`07'31" and a chord of 3161.48 feet which bears South 09'32'22" East to a point of reverse
curvature; thence 2758.98 feet along the are of a curve to the left, said curve having a radius of
27,883,28 feet, a central angle of 5'40'09" and a chord of 2757.85 feet which bears South
03'48'4.1 " East to a point of compound curvature; thence 2519.59 feet along the are of a curve to
the left, said curve having a radius of 3433.28 feet, a central angle of 42'02'52" and a chord of
2463.43 feet which bears South 27'40'11 " East to a point of reverse curvature; thence 2417.59
feet along the are of a curve to the right, said curve having a radius of 5116.72 feet, a central
angel of 27'04'18" and a chord of 2395.16 feet which bears South 35'09'29" East to a point of
reverse curvature; thence 2457.30 feet along the are of a curve to the left, said curve having a
radius of 5883.28 feet, a central angle of 23'55'52" and a chord of 2439.48 feet which bears
South 33'35'16" East to a point of tangency; thence South 45'33'12" 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 36'3857" and a chord of 859.39 feet which
bears South 27'13'43" East; thence South 89'44'48" 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 77'55'29" West, along said Westerly right of way, a distance of 168.81 feet; thence South
89'41'55" West, along said Westerly right of way, a distance of 332.81 feet; thence South
00'18'05 " East, along said Westerly right of way, a distance of 110.74 feet to the South line of
said Section 6; thence North 89'44'48" West, along said South line of Section 6, a distance of
2945.21 feet; thence 838.48 feet along the are of a curve to the left being non-tangent with the
last described line, said curve having a radius of 11 feet, a central angle of 42'2329" and a
chord of 819.49 feet which bears North 24'21'27" West to a point of tangency; thence North
45'33'12" 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 23'55'52" and a chord of
2536.28 feet which bears North 33'35'16" West to a point of reverse curvature; thence 2307.29
feet along the are of a curve to the left, said curve having a radius of 4883.28 feet, a central angle
of 27'04'18" and a chord of 2285.89 feet which bears North 35 °09'29'" 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 30'58'48" and a chord of 1958.54 feet which bears North
33 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 34'00'14"
mid a chord of 1784.17 feet which bears North 75'4852" 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 59'16'52" and a chord of 6566.87 feet which bears North 88 °27'11" West
to a point of tangency; thence South 61'54'23" 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 24'45'04", a chord of 6050.94 - feet which
bears South 15'16'05" East to a point of tangency; thence South 02'53'33" East, a distance of
1532.89 feet to said South line of Section 2; thence South 89'14'48" West, a distance of 233.60
feet to the POINT OF BEGINNING.
079826. 01001. M
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Equivalency Matrix (Land Use Exchange Table)
079826.000001.1025*2851At
DRAFT 118/09 2:07 PM
Exhibit "W"
Trip Equivalency Matrix
Calculation of Conversion Factors
(Based on Inbound New eternal PM Peak -Hour Traffic)
Restoration IDRI
Land Use
Trips
Units
i ribs /�tlii!
Office KSF
46
218
0.211
Detail KSF
452
250
1.81
Single - Family'
669
2,522
0.265
Multi-Family'
135
1.661
0.081
Told 1,302
Note: To obtain trips unit: Divide number of trips by number of units.
'Rates calculated based upan the approved traffic, study i }inch was based oil Ilse fact that the development
professionals to retirees.
x +ill include a balance of youth
Trip Equivalency Matrix
(Based on Inbound New External PM Peak -Hour Traffic)
Restoration DR[
Note, KSF = 1,000 square feet. To use the trip equivalency matrix, multiply the number of units from the tell column uy the ractor asteu unucl Mc
applicable target land use. For example:
is To convert. 10 KSF Retail to Office, multiply 10 by £.5$ =85.9 KSF Office
ii: To convert 25 KSF Office to lvtulli- ramily DU's, multiply 25 by 2.59 = 65 Multi- Family DU's
iii: To remove 100 Single- Fancily DU's and add Retail, mnlliply 100 Single - Family BU's by 0.15 = 15 KSF Retail.
079826, 0000[71, 102618083.1
To
Land Use
Sin le - Famil OU's
Multi-Family DU's
Office KSF
Retail KSF
Single- Fancily DU's
-
3.26
1.26
0.15
Multi- Family DU's
0.31
-
0.39
0.04
0
Office KSF
0.79
2.59
0.11
Retail KSF
6.82
22.25
8.58
-
Note, KSF = 1,000 square feet. To use the trip equivalency matrix, multiply the number of units from the tell column uy the ractor asteu unucl Mc
applicable target land use. For example:
is To convert. 10 KSF Retail to Office, multiply 10 by £.5$ =85.9 KSF Office
ii: To convert 25 KSF Office to lvtulli- ramily DU's, multiply 25 by 2.59 = 65 Multi- Family DU's
iii: To remove 100 Single- Fancily DU's and add Retail, mnlliply 100 Single - Family BU's by 0.15 = 15 KSF Retail.
079826, 0000[71, 102618083.1
079826, 000001, 102542851.11
DRAFT 118109 2:07 PM
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DRAFT 1/8/09 2:07 PM
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Edgewater Planning & Zoning
A Chairmen
I)caK Mr. Chairmen:
I have greatly Cn(Oyec serving on EdqeVV4ter'5 Planning and Zoning Boar. I would
appreciate the opportunity to serve another term.
Thank you in advance For your kind consideration,
Sincerely,
Justin Kennedy
i oo5 rernald Street
EJgcwater, r L 321 3 7
FAONF- (3,q 6)+27-9+ 2