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2010-R-01RESOLUTION NO. 2010-R-01 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; APPROVING A STIPULATED SETTLEMENT AGREEMENT BETWEEN THE CITY OF EDGEWATER AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 163.3184(1), Florida Statutes, the State of Florida, Department of Community Affairs (DCA) has initiated the formal administrative proceeding challenging Ordinance No. 2008-0-10 relating to amendments to the Comprehensive Plan to include text creating a new Restoration Sustainable Community Development Future Land Use category, the Future Land Use Map and map series of the Future Land Use Element and other applicable map series contained in the Comprehensive Plan; and WHEREAS, DCA published a Notice of Intent (NOI) on March 30, 2009 finding the amendment to the Comprehensive Plan adopted by Ordinance 2008-0-10 on February 2, 2009 not in compliance as defined in Section 163.3184(1)(b), Fla. Star. and not consistent with Chapter 163, Part 11, Fla. Star., Chapter 9J-5, F.A.C. and the State Comprehensive Plan, Chapter 187, Fla. Stat.; and WHEREAS, while DCA objected to the Restoration Comprehensive Plan amendments initially based on deficiencies with water supply, those concerns have been alleviated by the City's adoption of a new water supply plan that has been found in compliance; and WHEREAS, the applicable parties have met numerous times and have worked together cooperatively in efforts of reaching a settlement to all the issues contained in the Statement of Intent to Find Comprehensive Plan Amendments Not in Compliance; and 2010-R-01 WHEREAS, the Stipulated Settlement Agreement between the City and DCA is to be executed by adoption of this resolution and transmitted to DCA for review and execution; and NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, THAT: Section I Stipulated Settlement Agreement. The City Council hereby adopts the Stipulated Settlement Agreement between the City of Edgewater and DCA to bring the amendment into compliance with the adopted State Comprehensive Plan. The Stipulated Settlement Agreement is attached hereto and incorporated herein. Section 2 Severability and Applicability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions or applications hereof. Section 3 Conflicting Provisions. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Sectiou 4 Effective Date. This resolution shall become effective immediately upon adoption. Section 5 Adoption. After a motion by 'I with second by L tna I n Pno" r , the vote on this resolution is as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington _ 2010-R-01 2 Councilwoman Harriet Rhodes Councilman Ted Cooper X Fm PASSED AND DULY ADOPTED this 8th day of February, 2010. ATTEST: �11yyI.M 1 p 111104 Bonnie A. Wenzel — For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims, Wolfe, Ansay, Kundid & Bitch 2010-R-01 CITY COUNCIL OF THE alF EDG A A Michael Thomas Mayor RobinL. ck Paralegal Approved by the City Council of the City of Edgewater at a meeting held on the 81h day of February, 2010 under Agenda Item $� - STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, and EDGEWATER CITIZENS ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC., and RICHARD A. BURGESS, Intervenors, VS. CITY OF EDGEWATER, Respondent, and HAMMOCK CREEK GREEN, LLC, Intervenor. DOAH Case No. 09-2080GM STIPULATED SETTLEMENT AGREEMENT r'�o " 2010 THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, the City of Edgewater, Edgewater Citizens Alliance for Responsible Development, Inc., Richard A. Burgess, and Hammock Creek Green, LLC, as a complete and final settlement of ail claims raised in the above -styled proceeding. RECITALS WHEREAS, the State of Florida, Department of Community Affairs (DCA or Department), is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part It, Florida Statutes; and WHEREAS, the City of Edgewater (Local Government) is a local government with the duty to adopt comprehensive plan amendments that are "in compliance;" and WHEREAS, the Local Government adopted Comprehensive Plan Amendment 09-13I (Plan Amendment) by Ordinance No. 2008-0-10 on February 2, 2009; and WHEREAS, the Plan Amendment proposes to place approximately 5,187 acres in the western portion of the City into the newly created Restoration Sustainable Community Development District; and WHEREAS, the Department issued its Statement and Notice of Intent regarding the Amendment on April 17, 2009; and WHEREAS, as set forth in the Statement of Intent, the Department contends that the Amendment is not "in compliance;" and WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, DCA has initiated the above -styled formal administrative proceeding challenging the Amendment; and WHEREAS, the Local Government and Hammock Creek Green, LLC, dispute the allegations of the Statement of Intent regarding the Plan Amendment; and WHEREAS, Hammock Creek Green, LLC, a Florida Limited Liability Company, filed a Petition to Intervene on behalf of the City on April 27, 2009, and was granted leave to intervene on April 28, 2009; and WHEREAS, Edgewater Citizens Alliance for Responsible Development, Inc. (ECARD), a Florida not -for -profit corporation and political action committee and Richard A. Burgess, an individual, filed a Joint Petition to Intervene on behalf of the Department on April 28, 2009, and were granted leave to intervene on the same day; and WHEREAS, the Local Government adopted Ordinance 2009-0-01 revising 10 Year Water Supply Plan on June 15, 2009, thus satisfying objection four in the Department's Statement of Intent. The Notice of Intent finding the Water Supply Plan "in compliance" was published in the Daytona Beach News Journal on October 6, 2009; and WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their respective mutual best interests to do so; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows: GENERAL PROVISIONS 1. Definitions. As used in this agreement, the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part 11, Chapter 163, Florida Statutes. b. Aereemen : This stipulated settlement agreement. C. Comprehensive Plan Amendment or Plan Amendment: Comprehensive plan amendment 09-DI adopted by the Local Government on February 2, 2009, as Ordinance No. 2008-0-10. d. DOAH: The Florida Division of Administrative Hearings. e. In compliance or into compliance: The meaning set forth in Section 163.3184(t)(b), Florida Statutes. f Notice: The notice of intent issued by the Department to which was attached its statement of intent to find the plan amendment not in compliance. g. Petition: The petition for administrative hearing and relief filed by the Department in this case. h. Remedial Action: A remedial plan amendment, submission of support document or other action described in the statement of intent or this agreement as an action which must be completed to bring the plan amendment into compliance. 3 i. Remedial Plan Amendment: An amendment to the plan or support document, the need for which is identified in this agreement, including its exhibits, and which the local government must adopt to complete all remedial actions. Remedial plan amendments adopted pursuant to this Agreement must, in the opinion of the Department, be consistent with and substantially similar in concept and content to the ones identified in this Agreement or be otherwise acceptable to the Department. j. Statement of Intent: The statement of intent to find the Plan Amendment not in compliance issued by the Department in this case. k. 4u,�p2rt Document The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the Plan Amendment or Remedial Plan Amendment. 2. Department Powers. The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the Plan Amendment is in compliance. 3. Negotiation of Agreement. The Department issued its Notice and Statement of Intent to find the Plan Amendment not in compliance, and filed the Petition in this case to that effect. Subsequent to the filing of the Petition the parties conferred and agreed to resolve the issues in the Petition, Notice and Statement of Intent through this Agreement. It is the intent of this Agreement to resolve fully all issues between the parties in this proceeding. 4. Dismissal. If the Local Govemment completes the Remedial Actions required by this Agreement, the Department will issue a cumulative Notice of Intent addressing both the Remedial Plan Amendment and the initial Plan Amendment subject to these proceedings. The Department will file the cumulative Notice of Intent with the DOAH. The Department will also file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for realignment of the parties, as appropriate under Section 163.3184(16)(I), Florida Statutes. 5. Descrintion of Provisions not in Compliance and Remedial Actions: Legal Effect of Agreement. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies 4 the provisions not in compliance. Exhibit B contains Remedial Actions needed for compliance. Exhibits A and B, as well as the attachments to Exhibit B, are incorporated in this Agreement by this reference. This Agreement constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will be in compliance. 6 Remedial Actions to be Considered for Adoption. The Local Government agrees to consider for adoption by formal action of its governing body all Remedial Actions described in Exhibit B no later than the time period provided for in this Agreement. 7 Adoption or Approval of Remedial Plan Amendments. Within 60 days after execution of this Agreement by the parties, the Local Government shall consider for adoption all Remedial Actions or Plan Amendments and amendments to the Support Documents. This may be done at a single adoption hearing. Within 10 working days after adoption of the Remedial Plan Amendment, the Local Government shall transmit 3 copies of the amendment to the Department as provided in Rule 9]-11.0131(3), Florida Administrative Code. The Local Government also shall submit one copy to the regional planning agency and to any other unit of local or state government that has filed a written request with the governing body for a copy of the Remedial Plan Amendment and a copy to any party granted intervenor status in this proceeding. The Remedial Plan Amendment shall be transmitted to the Department along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 8. DRI Development Order. The DRI development order for the Restoration Community DRI shall be amended to be consistent with the City of Edgewater Comprehensive Plan as amended by the Remedial Plan Amendment, and to resolve the issues raised by the Department in fie DRI appeal, at the same public hearing as the adoption of the Remedial Plan Amendment. 9. Acknowledgm . All parties to this Agreement acknowledge that the "based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment. 10. Review of Remedial Plan Amendments and Notice of Intent. Within 30 days after receipt of the adopted Remedial Plan Amendments and Support Documents, the Department shall issue a Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the adopted amendments in accordance with this Agreement. In Compliance: If the adopted Remedial Actions satisfy this Agreement, the Department shall issue a cumulative Notice of Intent addressing both the Plan Amendment and the Remedial Plan Amendment as being in compliance. The Department shall file this cumulative notice with DOM and shall move to realign the parties or to have this proceeding dismissed, as may be appropriate. b. Not in Compliance: If the Remedial Actions do not satisfy this Agreement, the Department shall issue a Notice of Intent to find the Plan Amendment not in compliance and shall forward the notice to DOM for consolidation with the pending proceeding. 11. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. 12. Purpose of this Agreement: Not Establishing Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the Plan Amendment. The acceptance of proposals for purposes of this Agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 13. Aoumval by Governing Body. This Agreement has been approved by the Local Govemment's governing body at a public hearing advertised at least 10 days prior to the hewing in a newspaper of general circulation in the manner prescribed for advertisements in Section 163.3184(15)(e), Florida Statutes. This Agreement has been executed by the appropriate officer as provided in the Local Government's charter or other regulations. 14. Chanaes in Law. Nothing in this Agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shall take precedence and shall be deemed incorporated in this Agreement by reference. 15. Other Persons Unaffected. Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party. 16. Attorney Fees and Costs. Each party shall bear its own costs, including attorney fees, incurred in connection with the above -captioned case and this Agreement. 17. Effective Date. This Agreement shall become effective immediately upon execution by the Department and the Local Government. 18. Filing and Continuance. This Agreement shall be filed with DOAH by the Department after execution by the parties. Upon the filing of this Agreement, the administrative proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with Section 163.3184(16)(b), Florida Statutes. 19. Retention of Right to Final Hearing. Both parties hereby retain the right to have a final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this Agreement is not proceeding in good faith to take that action. 20. Construction of Agreement. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 7 21. Entire Agreement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 22. Governmental Discretion Unaffected. This Agreement is not intended to bind the Local Government in the exercise of governmental discretion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 23. Multiple Originals. This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 24. Captions. The captions inserted in this Agreement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. [The Remainder of this Page Intentionally Left Blank) In witness whereof, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS By: Approved as to to nd legality: Charauthier, AICP, Direct r Division of Community Planning Matthew Davis, Assistant General Counsel a 1 z/t9/(C) Date Date CITY OF EDGEWATER jg;�7d legality: onra le Michael L. Thomas Mayor Carolyn lknsiy Attorney for City of Edgewater "-- 8- \ 0 Date Date EDGEWATER CITIZENS ALLIANCE FOR RESPONSBLE DEVELOPMENT By: [Name] [Title] Date RICHARD A. BURGESS By: Richard A. Burgess vale Approved as to form and legality: Lesley Blackner Attomey for ECARD Date Approved as to form and legality: Lesley Blackner Attorney for Richard A. Burgess vate 10 7OCK CREEK BEEN, LLC le] V Z 7o/e Date Approved as to form and legality: Ted,Btown/Linda Shelley Attohiey for Hammock Creek Omen LLC 2 g ZO t0 Date Ppr 20 2009 8:29 04/20/2009 oe:16 8509222679 OC/1 LECC PAGE 05/21 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS RE: CITY OF EDGEWATER IMPREfiENSIVE PLAN AMENDMENT DI; AMENDING THE FUTURE LAND Docket No. 09-DI-NOI4405{A) -(N) E MAP, FUTURE LAND USE ELEMENT, TORE LAND USE MAP SERIES )OPTED BY ORDINANCE No. 2008- 0-10 STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENTS NOT IN COMPLIANCE The Florida Department of Community Affairs, pursuant to Section 163.3184(10), Florida Statutes (F.S.), and Rule 9J-11.012(6), Florida Administrative Code (F.A.C), hereby issues this Statement of Intent to find Ordinance Number 0-10 adopted on February 2, 2009 as part of the City of Edgewater 09-DI amendment package pertaining to the Restoration Development of Regional Impact (DRI), Not In Compliance based upon the Objections. Recommendations and Comments Report (" ORC Report") issued by the Department on October 28, 2008 which is hereby incorporated by reference and based upon the changes made to the amendments as adopted. The Department finds that the amendments we not "in compliance', as defined in Section 163.3184(1)(b), Florida Starves, and not consistent with Chapter 163, Part 11, F.S., Chapter 91-5, F.A.C. and the State Comprehensive Plan, Chapter 187, F.S., for the following reasons: I. CONSISTENCY WITH CHAPTER 16J, F.S., AND RULE 9J-5. E.A.C.: A. Inconsistent Provisions The inconsistent provisions of the amendments under this subject heading are as follows: fpr 20 2009 8:30 04/20/2009 88:16 8589222679 DCA LEGAL PAGE 06/21 1. Suitability: The entire site is not suitable for the type of uses, and the densities and intensities of those uses, allowed by the Sustainable Community Development District. The amendment site includes 3,103 acres ofwetlandv, poorly drained soils, extensive floodplains, and listed species habitat, including Florida Black Bear, American Bald Eagle and Gopher Tortoise habitat. Volusia County's FLUM designations for the site before annexation were Environmental Systems Corridor and Forestry Resource, which allowed densities of 1 dwelling unit per 25 acres and I dwelling unit per 20 acres respectively, resulting in a total allowable development of 240 dwelling units. The lands in New Smyrna Beach to the north end Volusia County to the south have conservation and environmentally seasi6ve•type designations with very low or no densities. All but 619 acres of the site are designated Sustainable Community Development District and the adopted amendment increases the density to 8,500 dwelling units and allows 3.3 million squarr. feet of non-residential development for this Ind use category, without providing adequate guidelines and standards to direct development to that location where it is most appropriate and where it will cause the least impact to the environment. Not only does the failure to include meaningful and predictable guidelines and standards directing development to the most suitable portion of the site not protect the environment, but it is also an indicator of urban sprawl. This is evidenced by the DRI Development Order adopted fm this site under this amendment The DRI Development Order approves a Conservation Hamlet intruding into the area that is supposed to be restored because of its environmental value, thereby creating an area that is isolated, functionally unrelated, and not within walking distance of the main activity centers on the site. Similarly, the long narrow strand of residentially designated land on the western fringe of the development area does not represent compact, pedestrian friendly, mixed use development The Apr 20 2009 8:30 04/20/2809 08:16 B589222679 DCA LEGAL PAGE 07/21 adopted amendment is also imemally inconsistem with the goals, objectives and policies of the City's adopted comprehensive plan including Policies 1.2.6 and 1.2.7 of the Future Land Use Element and Policies 1.3.1 and Policies 1.4.1. of the Conservation Element. Secdons 1633161(3); 163.3177(2); 163.3177(6)(a),(d); 163.3177(8); 163.3177(IOXa) and (e); and 163.3187(2). F.S. Rules 9J-5.005(2), (5) and (6); 91-5.006(2Xb); 91-5.006(2Xe); 9J-5.006(3Xb)l., 3., 4., and 8; Rule 91-5.006(3Xc)2., and 6., Rule 9J-5.006(5); Rule 9J-5.011(2Xb)5; Rule 9J- 5.011(2Xe)4; Rule 9J-5.013(lXa)1., and 5; Rule 93-5.013(2Xb)3., and 4; Rule 9J- 5.013(2)(c)3, 5, 6, 8 and 9; Rule 9J-5.013(3) F.A.C. 2. Public Facilities: The adopted future land use map (FLUM) amendment for SCDD will result in the following public facilities operating below the adopted level of service (LOS) standards in the five year and long term planning horizons. However, capital improvements to achieve and maintain the adopted LOS for the five year planning period have not been included in the Capital Improvements Element as required by s. 163.3177(3), F.S. Furthermore, improvements needed over the long term have not been identified and included in the Capital Improvements Element, to be moved into the five-year schedule as needed during the annual update. The adopted amendment is also internally inconsistent with the goals, objectives and policies of the City's adopted comprehensive plan including Policies 1.3.2 and 1.6.3 of the Future Land Use Element and Policies 1.1.2 and Policies 1.1.7. of the Tranaportation Element. A. Transportation: The FLUM amendment will result in the aced for construction of two new public roadways (Indian Rive Boulevard and Williamson Boulevard) in the short term planning horizon. In addition, the future land use map amendment will result in the need for improvements to the existing interchange of Indian Rive Boulevard and Interstate 95 (1.95) including improvements to the ramps, sigrudization, and turn lanes. qpr 20 2009 8:30 04/20/2009 08:16 8509222679 DCA LEGAL PAGE 08/21 Howcver, the amendment does not address these improvements and does not demonstrate that LOS standards will be maintained and achieved for transportation facilities. B. Potable Water Facilities: The FLUM amendment will result in the need for potable water facilities, including four new wells, transmission lines and alternative water supply projects and associated facilities. these improvements have nut been included in a Einar cially feasible five-year schedule of capital improvements. C. Sckools: The FLUM amendment will result in increased density, causing impacts to public school facilities. The amendment and the accompanying date and analysis does not demonstrate that level of service standards will be achieved and maintained in the short two and long term planning horizons. The policies require the developer to enter into a Capacity Enhancement Agreement (CEA), with the Volusia County School District. The CEA has been entered into, requiring the developer to donate laud for two school sites; however, there am on plans for schools to be constructed on these sites to serve the development. Furthcmnore, data and analysis demonstrates that the LOS for middle schools will be exceeded by this amendment in the short term planning period. Sections 163.3164(32), 163.3177(2), (3). (4), (6)(a), (c), (d), (h)l and 2 and 0); 163.3177(8) and (tOXa) and (IOXe); 163.3177(12); 163.3187(2), F.S.; and Rule 9J-5.005(2), (3) and (51 Rule 9J-5.006(2)(a), (3)(h 1, (3Xc)3, 4., Rule 91-5.011(1)(a) (4)and (f), (2)(b)2., 3,5., (2Xe)i; 9J-5.016(lXa); Rule 9J-3.016(2X% b, c, and 0; Rule 9J- 5.016(3)(b)l., 3., 4., and 5.; Rale 9J-5.016(3Xc)4., 6., Rule 9J-5.016(4Xa), 91-5.019(2), (3), and (4), F.A.C.; 3. Capital Improvements Element: The adopted amendment is projected to result in public facilities operating below the adopted LOS standards in the short term planning period. However, the amendment did not include arty amendments to the financially feasible five year fpr 20 2009 8:31 04/20/2009 08:16 8509222679 DCA LEGAL PAGE 09/21 schedule of capital improvements within the Capital Improvements Element demonstrating that LOS standards will be achieved and maintained. The five-year schedule of capital improvements is required to identify the projects needed to address level of service standards, the cost of the project, the funding sources, and the specific years in which the project will be funded. Any project listed in years 1-3 of the schedule must be supported by a committed funding source, while projects in years 4 and 5 may be supported by either planned or committed funds. Therefore, the amendment is not supported by adequate data and analysis and planning demonstrating the plan is financially feasible. The adopted amendment is also internally inconsistent with the goals, objectives and policies of the City's adopted comprehensive plan including Policy 1.6A. of the Future Land Use Element. Sections 163.3I64(32); 163.3167(13); 163.3177(2), (3), (4), (5)(a), (6)(a), (e) & 0); 163.3177(g); 163.3177(10)(a) and (c); 163.3177(12); 163.3157(2); and Rules 9J-5.005(2), (3) and (5); 9J-5.006(2xa); 9J-5.006(3xc)3., 91-5.0l l(1) and (2); 9J- 5.016(1), (2), (3)(b)l., 3., 4., 5., (3)(c)4., 6., and (4); 9)-5.019(2), (3), (4), and (S), F.A.C. 4. Water Sunuly: The adopted plan amendment results in increased demand for potable water supply. exceeding available supply beginning in the short term and continuing through the long term. The development site is located within the St. Johns River Priority Water Resource Caution Area The amendment is not supported by an adopted ten year water supply plan, which was required to be adopted in August 2007. No adopted Comprehensive Plan policies address water supply planning for the amendment site. In addition, the amendment results in the comprehensive pin being not in compliance with the requirement at s.163.3167(13), F.S., that each local government shall address in its comprehensive plan the water supply aources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s.373.0361. Apr 20 2009 8:31 04/20/2009 08:16 8509222679 DCA LEGAL PAGE 10/21 Sections 163.3164(32); 163.3167(13), 163.3177(2), (4)(a), (6xa), (c), (d) and (h); 163.3177(8); 163.3177(IOXa) and (a) ;163.3187(2), F.S.; Rule 9J-5.005(2),(5); 9J-5.006(2xa), (3)(b) I., (3xc)1; 91-5.011( ON (o), ((); 91- 5.011(2)(b)4.; 9J-5.011(2xc)2.; 9J-5.013(Ixc), (2)(c)l., F.A.C] S. Natural Resource Protectioa; The adopted policies for the SCDD do not adequstelY direct incompatible land uses away from or direct how wetlands, floodplams and wildlife habitat will be conserved, appropriately used, and protected. They do not establish meaningful and predictable standards for the use and development of land and do not provide meaningful guidelines for the content of more detailed land development and use regulations. Instead, the policies defer to a Site Mitigation and Management Plan (SMMP), which is a document to be prepared and adopted outside of the Comprehensive Plan without providing adequate, meaningful, and predictable guidelines and standards for its preparation or a timeline for its completion. Although the restoration of wetlands and habitat has been one of the primary benefits advanced for the approval of this development, the adopted comprehensive plan policies do not actually require that these environmental features be restored. Goal 12, Objective 12.1, and Policies 12.1.1 through 12.1.3 fail to provide predictable end meaningful guidelines and standards relating to floodpWn protection, defacing instead to documents outside of the plan which have not yet been prepared without providing adequate, meaningful, and predictable guidelines and standards for their preparation. The adopted amendment is also internally inconsistent with the goals, objectives and policies of the City's adopted comprehensive plan including Policies 1.2.6 and 1.2.7 of the Future Land Use Element and Policies 1.3.1 and Policies 1.4.1. of the Conservation Element Ppr 20 2009 8:31 04/20/2009 08:16 8509222679 DCA LEGAL PAPS 11/21 Sections 163.3161(3); 163.3177(2); 163.3177(6)(a),(d); 163.3177(g); 163.3177(10)(a) and (e), F.S. Rules 91-5.005(2), (5) and (6); 91-5.006(2)(b); 9J-5.006(2xe); 9J-5.006(3)(b)l., 3 and 4; 9J-5.006(3xe)2- and 6., Rule 9J-5.011(2)(b)S; Rule 9J-5.011(2xc)4; Rule 9J- 5.012(3xc)2.; Rule 9J-5.013(Ixa)1., 2., and 5; Rule 91-5.013(2)(b)3., and 4; Rule 93- 5.013(2xc) 1., 3., 5., 6., S., and 9; Rule 91-5.013(3) F.A.C. 6, Lead UK Need: The amendment is not supported by appropriate data and analysis demonstrating that the development potential allowed by the amendmem is needed to scoommodare the city's projected population within the planning time6'ame of the City's Comprehensive Plan. The need analysis provided with the adopted amendment is based on population projections through the year 2025, which is 15 years beyond the City's 2010 planning timef eme. By utilizing a 2025 planning horizon for this amendment, even though the rest of the plan is based on a 2010 horizon, the City creates an internal inconsistency in violation of Section 163.3177(2) and 163.3187(2), F.S and Rule 9J-5.005(5), F.A.C. In addition, the needs analysis has not been based upon a professionally, acceptable methodology that addresses the requirements of Rule 91-5.005(2)(c), F.A.C. The methodology overestimates the amount of lead needed to accommodate the demands of the City's future population growth within the planning horizon thereby compromising the City's ability to plan for urban growth in a compact and contiguous urban form that reduces urban sprawl. Because the analysis extends 15 years beyond the City's planning timeftame and the utilization of assumptions that have not been substantiated, the amendment lacks a professionally acceptable analysis that demonstrates the need for additional development potential in the City of Edgewater through the planning timefmme. Creating development potential in excess of a community's need is one of the indicators of urban sprawl. Sections 163.3177(2), (5)(a); (6)(a), (a), and (IO)(a), (e); and 163.3187(2), F.S.; and Apr 20 2009 8:31 e4/28/2e99 ee:16 8509222679 DC4 LEGAL PAGE 12/21 Rules 9J-5.005(2), (4) and (5); 9J-5.006(I xg),(2xc),and (3)(b)8., and (5), Florida Administrative Code (F.A.C.) 7. Urbaa Form: The adopted text amendments do not provide meaningful and predictable standards that will ensure the urban form is one that wl It achieve a balanced and complemantary mix of uses over time, that ensures the jobs to housing balance will be achieved over time and that the jobs created will provide an economic base for the city, that ensures the development will be supported by a transit system, and that ensure development will be compact and pedestrian friendly. In many instances, the policies data to documents outside of the comprehensive plan, including the development of regional impact (DRI) development order and the Planned Unit Development Regulating Book/Design Guidelines, without providing meaningful and predictable standards for the development and implementation of these documents. Policy 11.1.1 defers to a Planned Unit Development Regulating Book/Design Guidelines to guide compact urban form to achieve development consistent with smart growth principles. However, the policies guiding the content of the Regulating Book/Design Guidelines are not meaningful and predicable and therefore fail to ensure that the broadly stated goals and objectives relating to urban form and design will be achieved. The plan amendment creates a number of subcategories of land uses not shown on the future land use map and which have a broad range of densities, from 1.5 units per acre to 36 units per acre. These ranges of density are: so large that the land uses within the overall 4,468 aue Sustainable Community Development District are not meaningful and predictable, and could result in a significant amount of low density residential development. Furthermore, based on the minimum and maximum requirements for residential and non-residential development, the site fpr 20 2009 8:32 84/20/2009 08:16 8509222679 DCA LEGAL PAGE 13/21 could be developed with 8,500 dwelling units and as little as 400,000 square fed ofnon- residentlal development, which would not result in a sustainable when development form containing a balanced min of tuft Furthermore, tbere are no policies which link in a phasing program the amount and type of non-residential development to the number of permitted hotting monk and on enforcement provisions are included ifthe amount of non-msidemisl development is not achieved There are no policies which actually ensure that a diversity of housing types is achieved. Failure to include meamuWW and predictable guidelines and standards to guide the development ofthe site so that development is ccmpwu and achieves a balanced mix of uses overtime is Dot in Compliance with the minimum requirements for goals, objectives and policies. objective 2.1 and Policy 2.1.3 state that to ensure that the g®D is truly sustainable, the development cash mutt be based on the principles of"transit oriented design' including "alternate modes of navel, including musk," However, Policies 8.1.3 and 9.1.4 only "encourage" these types ofdesigns. The policies do not require the implementation of strategies nor link the actual development of transit system to say phase or level of development, but only require the preparation of such strategies- There are no commit in the Comprehensive Plan to the construction of an electric transit system, nor is it reflected in the adopted Capita Improvements Element or Transportation Element. The policies pertaining to the employment to housing ratio are not meaningful and predictable beeaeae they do tad eonne that the jobs to housing ratio is achieved over time by phases. There is only a bolldoui requirement with no penalty if the adopted standard is not mat. Furthermore, the type of jobs Edgewater seeks are economic base employment activities that bring in revenue fpr 20 2009 8:32 04/20/2009 08:16 8509222679 OCA LEGAL PAGE 14/21 from outside the city and county and upon which servicejobs depend. However, the policies do not specify the type ofjobs that would qualify for meeting the standard whether they are service jobs orjobs related to economic base industries. Therefore, this Policy's not meaningful and predictable and does not contribute to the urban form or sustainability, of the development Become of the lack of demonstrated need, the lack of a lbture land use map which directs development to the most suitable areas of the property, and the lack of meaningful and predictable guidelines and standards to achieve (1) the necessary urban form, (2) appropriate residential densities and balanced mix of uses, (3) a diversity of housing types, (4) transit and other alternative modes of mobility, and (5) a desirable jobs to homing balance, the amendment does not ensure that the development will discourage urban sprawl, result in an energy e(ficiem Iand use pattern, or reduce green house gas emissions. The adopted amendment is also internally inconsistent with the goals, objectives and policies of the City's adopted comprehensive plan including Policies 1.1.2 and 1.1.5 of the Future Land Use Element Sections 163.3161(3); 163.3197(2), (4)(a). (6)(a), (d) Ml A and G) (8), 00))a), and (e); 163.3164(32). F.S. Rules 9J-5.005(2), (5) and (6); 9J-5.006(2Xb)l; (2Xc), (3)(b)), 3, and 8 and (3XCA, and T; 9J-5.006(5); 9J-5.01 1(2Xb)3; 9J-5.016(1 )(a), (2Xc), (3Xb)l, and 4, (3Xc)6, and (4), F.A.C. B. Recommended remedial sAlads: The above inconsistencies may be remedied by taking the following actions: 10 Ppr 20 2009 8:32 04/20/2009 00:16 8509222679 DCA LEGAL PAGE 15/21 1, nits • Revise the plan arnoWment to direct development to the eastern portion of the site by designating as Conservation those Pottions of the site that will be restored and protected. This should include the areas now approved in the DRI Development Order as Conservation Hamlet and the long, narrow, low density residential area along the western edge of the development arcs. 2. EM Eadlltks: Provide data and analysis demonstrating that the LOS standards for roadways, water facilities and schools will be achieved and maintained in the short term. Amend the 5 year schedule of capital improvements in the Capital Improvements Element to include necessary public facilities improvements and demonstrate financial feasibility. For long term Creeds, the City of Edgewater should maintain in the capital improvements element a list of the improvements that are projected to be needed in the planning timel arre but beyond the five years covered by the adopted capital improvements schedule. This fist need not include cost estimates for the improvements. The City must use this list when it adopts the mandatory annual update of the capita improvements schedule. Improvements needed to achieve and maintain adopted Level of service standards within the next five years should be moved from the list into the financially feasible five-year schedule, along with a cost estimate and funding source. Tranaportatloa: For roadways, address the LOS standards for all public roadways within the City of Edgewater. Include Indian River Boulevard, Williamson Boulevard and all necessary improvements to the tamps, 5ignali2ation Apr 20 2009 8:33 04/20/2009 0B:16 8509222679 DCA LEGAL PAGE 16/21 and turn lanes at I-95 and Indian River Boulevard in a financially feasible 5 year schedule of capital improvements if needed in the first five years. Potable Water: For potable water facilities, demonstrate that the existing and planned facilities, including treatment plants, wells, and transmission lines are adequate to meet demand and included in a financially feasible 5 year schedule of capital improvements if needed in the first five years. Seboots: For schools, demonstrate that public school capacity is adequate to maintain adopted LOS standards with the demand generated by the amendment. Coordinate with the volusis County School District to identify improvements needed in the short term and long term planning horizons. Include any improvements needed in the short term in the financially feasible 5 year schedule of capital improvements. Any Improvements needed in the long term must be reflected in the School District's long term work plan. 3. Capital lmprovementa Element: Revise the five-year schedule of capital improvements to include the improvements needed in the next five years to achieve and maintain the adopted level of service standards and am financially feasible as defined by Section 1633164(32) F.S. All projects listed in the five-year schedule of capital improvements must identify the source of funds and be supported by adequate data and analysis pertaining to the financial feasibility of those sources. In addition, the five-year schedule must identify the specific amount of stoney that will be spent on each project each year of the five-year schedule. The projects listed in years 1-3 of the five-year schedule must be supported by committed 12 fpr 20 2009 8:33 04/20/2009 08:16 8509222679 DCA LEGAL PAGE 17/21 revenue sources, while projects listed in years 4 and 5 of the five-year schedule most be supported by planned or committed funds. 4. Water Supply: Adopt the ten year water supply plan consistent with the requirements of Section 163.3177(6) (c), Florida Statutes (F.S.). The plan should demonstrate that water supply is adequate to serve the demand projected to be generated by the amendment togethet with projected demand within the City and its service area for the ten year planning horizon. Furthermore, the plan must be consistent with the St. Johns River Water Management District Regional Water Supply Plan. The plan should identify the necessary infrastructure Improvements and aitemative water supply projects needed over the ten year planning period, and those capital improvement needed in the next five years must be included In the financially feasible schedule of capital improvements. In addition, address in the comprehensive plan the water supply sources necessary to meet and achieve the projected water use demand for the established time period considering the regional water supply plan S. Natural Resource Protection., Adopt meaningful and predictable guidelines and standards that protect the natural resources on the site, including wetlands, floodplains, and wildlife habitat. These policies should specify how programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. Restoration of the areas that will not be developed abould be specifically required and the ability to proceed with development should be linked to the progress of restoration activities. Guidelines and standards defining whet the restoration will consist of, who 13 Apr 20 2009 8:33 04/20/2009 08:16 8509222679 DGA LEGAL PAGE 18/21 will be responsible for funding, and who will be responsible for long term maintenance and management should be addressed. 6. Land Use Need: Revise the amendment to be supported by an analysis demonstrating the amendment is needed to support the projected population of the City during the planning timeframe. The City must update the comprehensive plan to establish a new planning timeframe, of at least 10-years from the date of the adopted update. The update must include population projections and a land use needs analysis, based on a professionally acceptable methodology and assumptions, identifying the additional development capacity needed to meet the residential and non-residential demands of the city for the planning timefreme. Jibe analysis must identify the categories of land and their densities and intensities of use needed to meet projected growth. It must take into account vacant, developable land that currently exists in the City. The City must provide a more complete description of the methodology, the data used, the assumptions relied on, how it is applie4 and particularly the appropriateness of the methodology for the City of Edgewater. Furthermore, the analysis submitted with this amendment assumes that the City of Edgewater's population will represent six percent of the total Volmia County population by 2025, which is not substantiated by sufficient supporting data and analysis. The City's 2010 population is projected to be only 4.3 percent of the total county population. For the long term horizon of the plan a percentage should be used that can be adequately supported with data and analysis. The need analysis submitted with the amendment also uses a 1.42 multiplier applied to both existing and projected future dwelling units in order to calculate need for firture housing units. The Department has accepted a multiplier of t.25 for long range planning periods exceeding 10 years, reflecting both the uncertainty of long range growth projections and that 14 Apr 20 2009 8:33 04/20/2889 08:16 8509222679 DCA LEGAL PAGE 19121 planning is a continuous and ongoing process with both mandatory and optional opportunities to update the plan ea time proceeds. To provide for market flexibility, the multiplier should be applied to the Increment of growth only, not existing development. 7. Urban Form: The plan should contain meaningful and predictable guidelines snd standards for the use and development of land and for the preparation of the Planned Unit Development Regulating Book/Design Guidelines and other land development regulations to ensure the desired urban form is achieved. Include land use policies that provide a predictable range of residential land use densities that will assure a compact, urban form is achieved. Include standards that will ensure a balanced and integrated mix and type of non-residential uses (including economic base employment uses) are achieved over time as residential development occurs. Guidelines and standards should be included to ensure a diversity of housing types is achieved over time. Guidelines and standards should be included requiring that the transit system be constructed. A. Inconsistent Provisions: Adopted Ordinance Number 0.10 is not consistent with the State Comprehensive Plan including the following goals and policies set forth in Section 187.201, F.S.: Goal (4xa). Housing; Policy (4)(b)3 Goal (7xa). Water Resources; Policies (7)(b)i, (7)(b)2, (7)(b)4., (70)5, (7)(b)8, (7)(b)10, end (7)(b)1 I Goal (9Xa). Natural Systems and Recreational Lands; Policies (9)(b)l, (9)(b)3, and (9)(b)7 IFt fpr 20 2009 8:34 04/20/2009 88:16 8509222679 DCA LEGAL PAGE 20/21 Goal (15Xa). Lead Use; Policies (15)(b)l, (15)(b)2, (15)(b)3, and (15Xb)6 Goal (I7)(a). Public Facilities; Policy (17)(b)l, (17)(b)3 and (17)(b)7 Goal (190). Transportation; Policies (19)(b)3, (19(b)9, and (19Xb)12 and (19Xb)13 Goal (25)(a). Plan Implementation; Policy (25Xb)7 B. 1%commmded remedial action These inconsistencies may be remedied by revising the Amendment as described earlier in this statement of intent CONCLUSIONS 1. The Amendment is not consistent with the State Comprehensive Plan, 2. The Amendment is not consistent with Chapter 93-5, Florida Admtntstradve Code. 3. The Amendment is not consistent with the requirements of Chapter 163, Part B, Florida Slatures, 4. The Amendment is not "in compliance," as defined in Section 163.3184(lXb) Florida Stalures. 5. In order to bring the Comprehensive Plan amendment into compliance, the City may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. Executed this 17m day of April 2009, at Tallahassee, Florida. Mike McDaniel, Chief Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 16 Exhibit B The City of Edgewater agrees to undertake the following remedial actions: Within sixty (60) days of the execution of this Agreement, the city will adopt a remedial amendment incorporating: The Restoration SCD Sub -Element attached hereto as Attachment 1 and incorporated herein by reference; and 2. Certain updates to the existing City of Edgewater Comprehensive Plan shown in strikethmugh and underline form and attached hereto as Attachment 2 and incorporated herein by reference. DOAH Case No. 09-2080 EXHIBIT B ATTACHMENT 1 RESTORATION SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT SUB -ELEMENT COMPREHENSIVE PLAN FUTURE LAND USE RR3TOR ATION SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT SUB -ELEMENT Effecdve February 2 2009 OF CQMENTS m.a LE OF GONTEMPS 2 A. INTRODUCTION............................................................................................................ 3 B. GOALS, OBJECTIVES, AND POIICIES........................................................................ 4 GOAL L DEEININ(:_THE_ RFtiTOR,•\TION GOAL-2`-}L �gL1 5(_(2�I�,J�•-i`11�.�121)1a\(1;I�',1�. 6 Oh' ti L D hn t'CT) F,�' t' E' / d I d C'' PC M T sb ® 5 7 nlicv L1.L• P t nd M ee tth' 8 Vnh.via County Na .ral Revo .m Mana� gment Area 9 I"NRMA^1 and Emden mrn al Symms Corddor 11 Policy 1.1.2: Revtnratian SCD imnl uoD 12 policy 1.1.3. Timing of R amra ion C .D molementatinn 13 Soeei6 s........................ 14 GOAI. 2- DEFINING THE ('OMPONENTS OP CI'CT,VNARn I'R'tN 15 RFtiTO ATTON S .D:. 6 16 Obirsrivc2.1: icriainabi/im / 17 18 Po icy 2.1.2:......................_....._._... i 19 20 21 Policy 2.1.5. 22 Pahcy IL6: _......_.__.. 23 FAcy 2.1.7: 24 GOAL 3: MIXED -USE FACILITIES 7 • . . , I •.. . i u. r N 27 r_ I 28 31 N •. 32 W" - - Y• Y�Y q�Y -__ , 0tRl9 Xl ,',f MMMITOM7,IMMM h 4.1.5, Ypli,,d, Co-- tv EwifflDwCatal11 Y1 _ h &jQut= Rased Ogen _ / 13 h ' ��ly{Ywy1••��/�f�//(q(/1/<I�f161 �/I/ � � 1I D961;940100 ODIC I GOAI 12- FT.00DPf,AjNWANAQFMRbjT . ....... ---.12 2 Ob caiye 12.1 - Ed Flmd Eloily Almmmwd-WmLa-� I)---&, Al 3 Folicy LIU, ElQodnlWa Manaacmcnt ...... . . . .. ...... ... . .. .... ... .12 4 Pofigyl2j-2- — 5 EQUQLUA.L.- 6 Uicy 12 1-4- ------------ p 7 EOUXUL5, ------------- 33 8 ZWLQLVJAL— ............. 33 9 Objective 13- Rejtomt&n Vita=" to Qb c,tiv, 14, Mdvmpm Dtmda agd Lakuga far ReydwimlCa 34 I SUSTAINABLE COMMUNITY DEV 2 3 A. INTRODUCTION 4 5 The City of Edgewater (f"1 desires to create a new land use category that will require new 6 emnd enhanced transportation and land use planning strategies, including planning for alternative 7 modes of travel, more compact mixed -use development, greater attention to jobs -housing 8 balance, and higher densities of residential housing containing a mix of housing types and price 9 points in order to address changing dynamics in the relationship between laud development 10 transportation, energy and the environment. This new category- of land me is called R =rormon 1 I Sustainable Community Development ("SCD'�_k has been crafted witlifici the dam, inventory 12 and analysis >renerated by the Ciro and is described below with Goals, Objectives and 13 Poheie_ _:� : __� [t shall a only t_ o��nd is prepared specifically for a devrinmment 14 within the UK known a= Restoration. Restmation;,=� located in the• City on the west side of 15 Interstate 9§.-eetmittint! ry 95 and contains 5.187.1 +/- acres. The Reuox{[jon SCD laud -use 16 has been designed to meet and exceed the design and sustainability criteria found within 17 the principles of Smart Growth, Traditional Neighborhood Design, New Urbanism and Transit 18 Oriented Pesira4he Sustainable Pninmoniii Ready Development and Design, 19 The Resrnrarion SCD designation is designed to facilitate the expansion of the urban area of the 20 City through the integration of a number of different land uses, including office, commercial, 21 residential, recreational, governmental and housing components so that all work seamlessly in a 22 New Urbanist framework. The residential portion of the Re=mrannn SCD development wftllk 23 include housing units of various densities and types, at various price points and sizes. The 24 housing inventory shall include, but not be limited to, single-family, multi -family and townhouse 25 homes as well as vgaeea ing some residential inventory to be located above retail or commercial 26 uses where appropriate in the context of the overall planning for the Restoration SCD. 27 The `tt--'-•�-.r---`-` Restoration wd3-bc-built-rnehrdesSCD shall requite the innovative use 28 of land planning gradtha is consistent imOth and implements thkeystone 29 principles of Smut Growth as set forth by Volum County's Smart Growth Implementation 30 Committee and ttaasc,r ha eel 12hipaine &a supticjj by the Con ss of New Urba ism and 31 Earth in Smart Code. Version 9A ®. These are to be the cornerstones of the Restoration SCD 32 development in the City of Edgewater. Tb=1 he [Lntiroles of Smart Growth that r t be 33 caWkged are as follows: 34 Entironment. Smart Growth emphasizes the early identification and preservation of 35 environmentally important areas;_&W open spacareas. These are conceived of 36 as a connected network of multi -purpose lands that form the community's "green 37 infrastructure"" 38 Commmnittes. Stuart Growth emphasizes compact, walkable, mixed -use communities that 39 provide alternative modes of travel together with greater jobs/housing balance and higher 40 densities. It seeks to use land and infiastmcture efficiently to reduce the costs of servicing new 41 development and wi&hag provide for a range of housing choices and lifestyles. Such 42 development emphasizes innovation in sustainable design in both the conservation of water 43 resources and energy. $CU_1 I Emnomy. Smart Growth communities place an emphasis on a mix of land uses including 2 residential, office, commercial, recreational, and governmental that all work seamlessly in a New 3 Urbanist framework with public investments that support the needs of sustainable economic 4 development. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 ".[, r, 11„�""_' 1 . • . 1 ... • . LI 1 .IY.- q[17„�w -./� 1 1 tl:.tc. bcd 11rli'IA_nd to further d=monsrn to (_gip _a, [�}.tuit M;TmTS1al478mrym TtZ:T,mmIWMT.T.L.S='T.S. 1 •34 1. _ I. 38 z. 39 associated wi 40 forth in the 41 Exhibit":1' SAP-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Given the nature of the Restoration SCD, it is- a collaborative planning process 21 between the developer, public agencies, non -governmental organizations and citizens that 22 seekscnllecrhely scek to holistically address varying community needs in a flexible, yet systematic 23 manner consistent with-lU Goals, Objectives and Policies hereinafter set forth. Because this 24 process is site specific and certain of the Objectives and Policies reflect the same, this Restoration 25 SCD text amendment w&hall apply only to the Restoration development-. stAll other projects 26 seeking similar outcomes are subject to the creation of an applicable project specific land use 27 category through the comprehensive plan text/map amendment progeess_and shall comply with all 28 other applicable regulatory processes. 30 GOAL 1: DEFINING THE iZSTORATION SUSTAINABLE COMMUNITY 31 DEVELOPMENT._ 32 33 The City of Edgewater mj e "' '----" hall utilize innovative land use g. techniques, 34 creative urban design, environmental protection, and the judicious use of sustainable development 35 principles and practices in order to meet the spirit and intent of the R[amradnn.SD. In order to 36 facilitate this vision, the City -".., „e'-" �xv.x....I n ovarv: design And land olarnanfl r_ 37 wlvebsbaU recognize that density is important-1 the Aesrnratinn SCD outcome, but no more 38 important than the mixing of uses, the development of steemnadivcm population thr<„vb_h 39 nrnviwun of h . ai g hr� oice and employment centers, the connection of streets and the design of 40 structures and spaces on a human scale-. These artdbutes are rn be coupled with context sensitive 41 solutions in planning for thoroughfares njthinsogAs_to make fora walkable communitiM. All of 42 this is accomplished within an overall framework of environmental protection and sustainable 43 design within the built environment of the Restoration SCD. SCD-3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Objective l.l: rr[ggSCD Effective Fiscal and Land Use Planning Technique — Edgewater w&hgI use the u st M&q= SCD as an effective fiscal and land —use planning technique for managing growth, cpami IigAVnA-Land ensuring that the built environment does not compromise the workings of the natural environment within the Restoration SCD. The Restoration SCD shall demonstrate its eaexpatiM_liCy consistency with the policies set forth below. within Volusia County Natural Resource Management Area i ,t :Environmental The Restoration SCID is located ...u.-.,,... -a the __ lust G,'unt—_.... ..,l EnyarunmentilQu. .,• -_- • ____- C mot\ . dcxcl ill =ss-rily +mv2cc portions of such developmcat will I)Qt MffiCGAHV Or JLJLCDCLLiMPA�� environmental studies have been performed to guide development Renom6ml SC12 su Lhat,.within-NEMA is clustered in the mooreg suitable 6e*tiftn�.�Iocatiort t"protecting a ty of the NEMA ..a .m• L:\ . Portions of the Restorg6pQ SCU are within an area i - CQuaglyadQn a ,Jdition, uortion;s of the &sLurarion SCD arg within an area formerly designated on the Volusia County FLU Map as Environmental System Comd 4ed,� _ _ „ ` al — ---Where Th ecological integrity and eco-diversity wof the NAMA Inds not o h wse'm a trrl by ht em,4dudgpmcn contemplatcd bac n sbaU bc restored and i t 'n i by rh dev I r its su"c5sots aadAa§i2us_ay_d=th= contribute to an interconnected system of integrated habitat in a post -development setting iSee Pnlic-..11.1.5 brlowl. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Policy 1.1.2: Resmntion SCD Implementation The 31 specific requirements for implementing the Restnntinn SCE, shall 32 be memorialized through (1) the processing and obtaining of a 33 Chapter 380.06, Florida Stamtea„ DRI Development Order, (2) a 34 Planned Unit Development! 1' i�D'7 approval including a Master 35 Development Plan and a Regulating Book/Design Guidelines, and 36 (3) a Site Mitigation and Management Plan (" SMMP'� each of 37 which are more particularly described below._.,1ach_afaltese 38 instruments shall he crafted so that they individually_- and 39 40 41 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Objective 2.1: SustainabiGty. To ensure that the Rectnration SCD is frtirsustainable, the following principles shall be implemented as comprehensive plan g�Lrpnliclt 36 Policy 2.1.1: Contain a mixture of uses within the Itecrnnrion SCD land use 37 desimatixrcrthat provides for a balance of commercial, residential, 38 recreational, open space (active and passive), resource protection, 39 educational and other supporting uses. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Policy 2.1.2: preservation of open space and the management, restoration and preservation of important environmental systems. Policy 2.1.3: A design that is based on the principalcs of Smart Growth, Traditional Neighborhood Design (" TND")z eR fr lfn 1 New Urbanism, mW Transit Oriented Design C'rOD') an to I tuns t a erred by the Conptess of New Urbarsm and d find 'p the Smart C d V= 90 C 1' such th Restoration SCD shall inr;" walkability, compact development patterns, quality architecture and urban design, and a hierarchy of streets or street systems to foster connectivity and pedestrian mobility as well as alternate modes of travel including ransit..gU Policy 2.1.4: Rrmtfta diversity and choiceof housing types and price points usittgra�t Wno from lower denairy more =`h_.i.> ban tune development rn higher density, compact development patterns and variety ss lindt-speawF cI .I order In limit sprawl. Housinv wes will mcl udc mid-dac ara ked flat pmduct both as stand-alone residential and residential ahoy Policy 2.1.5: larerrielellre nmvision of opportunities throughout all phases of the development for residents to work in the - — - inRestoration S('D, thereby reducing automobile dependence. Policy 2.1.6: ✓=tilizat the utilization of selected sustainable development techniques that promote the reduction of greenhouse gases e_fflumsy; warcr ton-emationd t rra }p ti Policy 2.1.7: Promote the efficient and effective use of utditeaod transportation infrastructure. SCD-7 7 GOAL 3: MIXED -USE FACILITIES, —=flie CM '- - - -niee The 8 Recmration SCD development shall be rcQWLcd to rovid abalanced mi•etaee, _ of uses in 9 order to facilitate meeting the goal of sustainable community development 10 Objective 3.1:_ Provide for Land Use Designations which Pmmme a MixfureMix of Uses. 11 44m In order to acco"Nsh the Coal the City of Edgewater shall ? !'i'eanti?=^d facilitate the 12 development of ana gsect-hase urban [nixed -use community that relates to and is an extension 13 of the kitw:istinnity, through the adoption of land use designations described heroin through 14 the Restoration SCD. 15 Policy 3.1.1: -- -- The 16 following land use designations shag be required within the 17 Restoration SCD. These des'amatiom are not NRUU � 18 use categwries_ but are intended to further wide the Fonn and 19 de5ign of th dm1uptupnt that is 11crmiudin-thcReswraticai 20 SM.—Speci0c uses, square footages and number of dwelling units 21 atiAshall be memorialized m the DRI Development Order. 22 However, the total number of dw&Uig'¢ ,units within Restoration 23 shall not exceed 8,500 dwelH amitwand the mml numher of nnn- 24 [wide tial square feet shall not escee 3,300,000 square feet- 4 26 28 forth below a= net _ and exclude acreage Mcd fi „ t ... . ,- 21- 33 34 a. Residential ("SC =R^). This designation supports a variety 35 of housing types including single family, townhomes, coach 36 homes, condonniniums, multifamily rental apartments, to let 37 with appmptiate dvic, institutional and recreational uses along 38 with accessory dwelling units associated with single-family 39 residential units. The Residential desivnation is ptinitarib 40 chatacterisee of a ,r_4-and=--mnsect. with some outer 41 42 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .AIRI yT..nfR�wlnw��wrrl�wwew �11.. �. • Size: Approximately 127598 Acres (mirtekrding: _ I\IIT�\Y/PfRRI1��M1- �J ul e—Mixed-Use Town Center ("MUTCI). The Mixed -Use Town Center is designed to he Ale commercial cote of the lie=ration SCU. This designation . em+shall, tcj=g a 1 2 3 4 5 6 7 8 9 ]0 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 vertically integrated mixture of higher density and intensity uses and development, providing ulO- family housing=±Xpe±:�ne iRality and lodoino commercial rhand se=ioe. office uses and civic, vnvernmenr institutional, and recreational uses. eki - >n-ES 0, .,dri.,:—`Big Box" retail development, defined as retail establishments in which one or more of the stand-alone facilities are equal to or larger than 75,000 square feet, shall only be permitted in the Mixed -Use Town Center, but the design of the same shall he consistent with the tevration of the other usec re aired for tbig oart of the Reatoratiou dmIulimenr. T • Size: Approximately 88 Acres afltYP + nr -1 • Residential Unim::keneoximatel;=$ . Max mom. 450 Milmom • Maximum Residential Density: .N< aetg36 du/net-acre • aximnm Non-residential Intensify: i¢ 2(II1,O H CFN CF • Minimum -Non-residential gimrintensi , 55DODO S� £a d—Work Place ("WP"). The Work Place designation is designed to be tme-nEthe primary employment centers for the Restoration SCD. 1 or an y. it is not_ the exclusive mplumm nt ne utcrtrr as a�cigniUant number of Jobs are antiJnared within both the M.LaQ and TRC deccriMd elsewhere herein. Permitted Uses within the Work Place include office, institutional, fight industrial, civic, lodging, m�ti-family residential, and convenience commercial uses serving the needs of businesses and workers employed within the Work Place. • Size: Approximately 79 Acres (no iodt, ttg ;pave}+ or -1 • Maxr_mum Residential Density: 36 du/rn cre 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 • Ma,rimt�m Nonresidential Si _ Minimum Nnn-r�cidCIIti3L___Ii1IC081tti 500_IIfNI SF • Residential Units: The number and placement of residential ro0r duct in this area wiNshall be market driven but to the extent used total R& vab shall he developed as multi- fami y and deducted from allowahle residential density in any other land Use Designation herein sn that the total of residential units drws not exceed 8.500, d, e=Transit-Ready Corridor ("CRC"). The TRC is specifically designed to accommodate residential densities and commercial intensities in a mixture of uses that 1ah� support public transit. This designation is to be located along the major arterial corridor of the Restoration SCD which is to be designed as a muldway boulevard that can eventually support streetcars, buses, pedestrians, bicyclists and autos, while creating a walkable urban environment. Permitted uses within the TRC include commercial, office, institutional, civic, residential and lodging. • Size: Approximately 85 Acres .wnw•wrswasswnn���rRtrwwa�aannwr . ' 1. u. 3,457, , u r ,• of 35%. residential nraduct u a 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 MIN g. Open Space. The trwrtmnEd. Open Space AWesignation is to and shall protect and permanently preserve Activity and Resource Based Open Space areas throughout the Restoration SCD. ""m.- sa>a,Additiona h- Resourre Based YU4t•Zi•r[alJM- bhlR• 1ifiP1RS. F— — •„3gi'Ta44f•r__ • 1 �• s •' �...u� ..I• ....1 •I . further defined below Pofiry 3.1.2: Within each of the land use designations identified above, it is recognized that to achieve the overall objective of the Restoration SCD, some or all of the following additional uses are authorized in all of the land uses d c dabove, to -wit conservation or mitigation areas and e� stormwatet management areas. Within the built environment, weeh-ancillary uses that are supportive of the identified land use designations wiHshall also be allowed on a case -by -case basis, and wit_ is ra be reviewed as part of the building review process of the City. Policy 3.1.3: Development wig >be permitted within the R_esr�ratinn SCD if.consistent with the land use designations set forth above. '--''--'- -x.In orde to maximize the attributes of the urban form - ch Cry ch+�_ ll rc uire that the Rectnratijn SCD utilize density in concert with the mixing of uses, the development of population and employment centers, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 interconnection of streets and the design of structures and spaces within the Restoration SCD so as to support a variety of lifestyles and needs. All uses may be mixed horizontally on a site or may be contained within multiple use buildings such that differing uses exist vertically in one building or structure. Where residential product is located above commetcial_zcn L office or institutional uses and located in the MUTC, the WP or the TRC land us designations, tesuch tuaduc shall be musidered- treated as "commercial" development under the Land Development Regulations of the City. GOAL 4: OPEN SPACE/NATURAL RESOURCE MANAGEMENT AND PROTECTION STANDARDS: it the intent 4 :'_. °';^The Citv shall zesmire that development under the Restoration SCD desig an don does not adversely impact` ------ attached hereto. Development standards for land use activities in these areas immll b more restrictive than other areas. and will be linuted arovided hereinafter in Obi tic 4 1 A a c Objective 4.1: Minimiaadon of the Impacts of Development on the Natural Eanimnment. Within the Restoration SCD development ;tte±±rtbe directed only ro those locations practicable as a seamless undertaking. Policy 4.1.1: _Requirement of Appropriate Environmental Studies. Because xnrtienrrrf-the Restoration SCD is located within an-aeea KD---L-3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Mm"1 e —the G." ..__._ _c-n V, m that theNRM_—the daddadow aod Qtbu stakcholdcus have r red appropriate environmental studies h r<�pktcv!-to guide development so that it is clustered in the moer�t suitable locations on the site tg�jettive 4 1 above. Policy 412• Ewtectio, of BRAMurnenta . Lands Po4.n. CIA. n. n____ V _a__ _r a: _..:�e�_._� d portionof the Restoration SCD is within an area formerly designated on the Volusia County FLU Map as Environmental System Corridor P`FSC'9. The portion of the ESC lands Nino with n rbe area des'vnxted as SCD Commnnin Devel tm nt 1 an n theme ill be pad h d deydripmcaiL Notwithstandinv those in,macts trntialtr the City of Edgewater shall require _ p,,-,es 9 that tba dallyall of seth tetnaininv FSC lands Abe protected sit as not to degrade natural functions and valeec and to maintain ecological integrity and eco- diversity alba the remaining ESC land x shall contribute to an interconnected Policy 4.1.3: Designation of Land as Resource Based Open Space. The Restoration SCD shall deswrtat lag n is rn be set aside as Resource Based Open Space In cuing so_ the Recroratin_n SCD shall be guided by the Natural Resources of Regional Significance decision support model of the East Central Florida Regional pluming Council, -Ate ("ECFRPC') Ct� ti f th. dd Ah 11 =aulth protection of the majority of wetlands on sitercnr'cae and all wetlands within php areas to he deaygsated as Resource_Based Open Spacc shall be ry d and resmm d consistent with the protocols i:ag b d below Imparts to wetlands shall occur in the s 1 b i i SCD Ummunity QcYdQ12ww-Qa-dic-CDA-Map and when they' appropriate mitigation through preservation and restoration vi i th I h •I •a r - t; d CrD Conservation/re rotation on the CDA Map sb ICI be provided to ensure that there is no overall net loss of wetland function trtlgd value. The determination of net loss of wetland functionyoW value shall be undertaken using the approved methodology and protocols in use by the St. Johns River Water Management District- �1r rams f_ - re a 8 Policy 4.1.4: Minimum Open Space Requirements. Because the Rcs 9 SCD is to be developed within an overall plan of natural resource 10 management that minimizes adverse impact to existing > I I resources, the plan of development shall conserve large areas of 12 a ov' y--muntermpted environmentally sensitive areas which 13 willshall need to be restored and managed as pan of a system for 14 habitat, wetlands, surface water protection and to provide 15 reereetianrecreadonal npn2LMUjjig§ (both active and passive). 17 res de 18 Accordingly, &t--IeasmQt lcs5 than fifty 19 percent (50a/) of a h R atom .on SCD shall be in permanent, 20 protected open space consisting of a mix of Activity and Resource 21 Based Open Space. The location of the Resource Based Open 22 Space within tLg..Restoration SCD has been determined and is 23 shown on he (�'.DA Map been �—.t.-..._...- 24 __ c_�.. 25 26 A_e id nem.as Conservation and CCD rp / t 27 ar_eac._ActiAty Based Chen Sr.a a shall bc I at d myth' h 28 shown nn the CDA Map as SCD Community D - Ise t 29 Policy 4.L5: Vnlvat�a COMW_Environmental Core Ovetlay—and4ntotm 30 All lands designated by Volusia County as 31 Environmental) Core Overlay or RCO 1 ands (Map "A'� and 32 .._ r e ...._ - r located watbin Its lxiumlf the 33 Romranon SCD developipgat shall be protected as integrated 34 habitat and managed to protect its ecological function. Such lands 35 96e8are shimn sin the CDA Map as Conservation d ahall 36 4dditionatlg be designated as .sr,n;—,,;�Resomce Based Open 37 Space lands and protected as such.L 38 Fulicy 4 16 '-Oc—iQLI Of DCYCIDDIFIESIt witliin Restatatign SC.D. Urban 39 development widdn the R est SCD shall be clustered on the 40 r"oat-vPf'rnP__.. i..__. _ .:.�.:�.... __ t r_.. _ k n' 41 u,.-•.'-.•t..-•jx - 'a<t{r the Rectnration SCD - 42 ihe_C 1L-nf-war of Inter<tat 95 1 h' b a libeled on the I CDA Mao as SCD COmmljh Develntr_ment. The built 2 e!,vimnmenr wirh'n this are shall encompass innovative land 3 development practices which promote sustaiaability mr . 4 ` i It -- .:I ;.c;;t. as well as, conservation and conservation 5 management n - e - - - - - - - - --- It is 6 recognized that the clustering of development in thtlhis portion rrf 7 the Restoration sitc and the dculqVtncnf of the urban 8 form w4LWE*shall result in the loss of some wedands, but the 9 developer sha0 impact only those wetlands 10 which have been l deientedl Sao -,te' r''-c-adetermined through 11 applicable regulatory review to be of less ecological significance to 12 the overall integrity of the larger wetland regime that encompasses 13 the Resource Based Open Spac;e, 14 Policy i4 �:4_i.� Resource Based Open Space/Environmental Resource 15 Permit. 4'ttrl�7,ere land development proposals pf rhethe 16 Restoration SCD are subject to the St. Johns River Water 17 Management District Environmenml Resource Permit process, the 18 secondary impact requirement (pursuant to Section 12.2.7 of the 19 Management and Storage of Surface Waters Handbook) shall 20 satisfy the intent of this VrAianng. The protected Resource Based 21 Open Space shall be designed as integrated habitat so to as 22 enhance habitat protection and protect its ecological Function as 23 set forth hereinbelnw. 24 Policy 44- 4 U: Minimization of Wetland Impacts. jt:is —da,tAs 25 noted in policy 4.1.6 abom the clustering of development in the 26 urban form will result in the loss of wetlands. `--'-,.,nsa 27 .vr)!-hreeteeursn .:_ ___ __i .. .c__ _- ._i-_.., _+-x 1_.- Is_.._ 28 .. a-' e.;a--..,...- - WhTh wetlands are to be Inst m 29 ikyclopment is to he determined through applicable Federal.an_d 30 state regulatory review 32 Eby. but the ggalm to avoid wetland lain -us -to the fullest 33 extent omctinalik. Wetland impacts that cannot he avoided after 34 rrPULatopi review updc, appl'calik law shall he a t d f 35 thmtl appropriate mitigation so as to ensure that there is no 36 overall net loss in wetland function and value. - - - - 38 Q, Policy 4.1.9: Peeteetiex-r>mef;�Yi�o Open Space. Open Space shall include (1) Activity Basta Qpgy1Space .and (2) Resource bs•a•d as •d One Space areas within th Restoration SCD, The Restoration SCD shall contain approximately 3-348 88772 acres (t or _1 of eem"- A i "wo Resource Based Open Space. 9 a. Activity Based Open Space is open space that has generally (0 been developed by the developer in order to provide areas for 11 active-and-p recreation in a post -development setting. As 12 such, it includes areas such as walkways, bikeways, trails, lakm 13 picnic areas, playgrounds, tot -lots, neighborhood parks, plazas 14 and sponr,_and active parks (baseball, tennis, swimming, 15 soccer facilities, 116=boardwalks, etc.). 16 br a widti.. _ atiftrief mile (ft c (��e4 17 18 19 b: b—Resource Based Open Space is goen s��ace intended to and 20 will -protect and enhance environmental systems. 1tConsistent 21 with policies 41 A__4,],4 and_4.1.7 above and 4.1.10 below it 22 may include in addition to areas set aside for ecological 23 preservation, enhancement•- ,.: and restpration, 24 nature trails, o conservation education programs, tikes 25 fohservation dccks and similar fa diti s including lakes used for 26 detention or retention of surface water). 27 Policy 4.1.10: Protection Standards for Resource Based Open Space. 28 Resource protection standards srefur Resnntu Based Open Snaca 29 is to be provided for in the Restoration SCD by the preparation 30 and adoption of a Site Mitigation and Management Plan 31 ("SMMP'".. ,tea'_` _ -_ __ _- - _ _ . as provided £min 32 Pohcv LLB abo the DRI Development Otder�wH�e 33tame. The purpose of 34 the SMMP is to provide for the imposition of a set of site 35 mitigation and management protocols designed to ensure the long- 36 term maintenance ef—the—eeetlesly-in1y th�l 37 successors and asc'gpss (5ce PoEgy 11 1 5 belowl uf the lac 38 value of the Resource Based Open Space t4withip the 39 siteResmration SCII and the effective integration of the same into 40 the built environment. The following principles shall form the 41 basis of the SMMP. 42 a. Resource Based Open Space in the Re5tozag2&_SCD I derekr shall, to the greatest extent € xwiWe , be 2 intgStnt4alieued any —�--: n- connected so that free and 3 unencumbered movement from one section of the Resource 4 Based Open Space to another is eftettttage&chiciecd wirbin 5 the ho and n s of the R aroration nroiect To the extent 6 pmcticable and in order to momote habitat mnnecrivin 7 =Mal m the Restoration SCD the Resource Based Onen 8 SRacc shall he align d with wd mne�t d to likevah raj 9 ayarems miraidc tht boundaticsf theRestoration = t. 10 Areas set aside for Resource Based Open Space may be 11 accessed by walkways, boardwalks, trails and bikeways where 12 such access is consistent with the maintenance of the 13 ecological resource and its habitat values. Resource Based 14 Open Space may include facilities for environmental education 15 and research. 16 b. Resource Based Open Space areas shall be designated, 17 permanently protected, and maintained as undeveloped and/or 18 restored or enhanced conservation areas that are accessible for 19 passive recreational uses consistent with the protocols of the 20 SMMP and permits issued by either the state or Federal 21 government. Resource Based Open Space shall be selected 22 and designed according to the following principles: 23 (i) ECO Lands, Environmental System Corridors, 24 wedands, natural and historic resources shall 25 receive top priority for ittekesien--*sand he a pan 26 of the designated Resource Based Open Space 27 area. 28 29 (it) Resource Based Open Space shall=ptintmily be 30 designed as a contiguous area to eliminate or 31 minimize fragmentation and promote the 32 formation of linked networks with existing or 33 potential Resource Based Open Space areas on 34 adjacent properties, or other developments. 35 36 (iu) Resource Based Open Space areas may include 37 storm water management facilities. 38 39 (v) To the extent that roads are necessary for access 40 to the if 41 deeekrp�Conservarion and SCD 42 Conservation/restoration att2s_zt_ehnwn on the 43 MA Man, they shall, to the fullest extent 44 practicable, avoid wedands and other ecological SC" 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (v) Resource Based Open Space, gjg whic_h_js jgcgW within the area3xhown fan the CDA Man as either 'nnservation or SCD Corigtudun/ r storatili shall be permanently protected by conservation easement so that such areas are and remain undeveloped in perpetuity—}, . inatrammes h r ding tbC Cati F-Coicat in the +b'+R d f V 1 nC tr o later than the datefaf h isa +an c by the City of the Eras b+ildme permit h the construction of horizontal i _ nmvcments or lan cleadag on the Rrxtoraduo aim of such earlier time amight he mQuircd by either the a at or F denl m.vemment in their tesnective Remits autbQzi ino impacts to wetlands within the Resrnratien ¢ire The Conga ation _Rxsemeat(sl providing for such protection shall mn with the land and shall he forth m the Covenants, Conditions and Restrictions ("CCRs') of the Restoration SCD and recorded in the Public Records of Volusia County. The CCRs shall be provided to each subsequent land owner within the Restoration SCD. (vi) Resource Based Open Space shall be managed according to the SMMP and/or thelerms and crmditinna set forth io any Cggaccxarnm EaAgpignt encum )wine clt sam or by any yther cntiW pr farm t autluniztd tinder 1' 1_cy 4 1 12 below. 40 Policy 4.1.11: SMMP Requirements and Minimum Standards. Resource 41 Based OgSpar protection standards are to be provided for in 42 aegahe Restoration SCD by the preparation and adoption of a Site 43 Mitigation and Management Plan ("SMMP") dew, refwhieh 44 wi&!re Wh' b h • its t vill iacmmQrare be reference all terms 45 and condiouns impu c d by h + h the_', �( MD2 ani[ dic A YC ) ' in 46 the issuance of their rea ecgyg pconit& *Ebe putpueiy of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ,}' IU is to provide for the imposition of a set of site mitigation and management protocolsshall ensure the long-term maintenance of theg{y),tyaical values of the Resource Based Open Space=2E-4,rV, a and the effective integration of the same into the built environment. �} die `.�"`"a>r—mRIP sm'^ .`-' addrcssln addition- the SMMP will detail rhr IQ addition to the fa enjua the SMMP shall act standards and mawi=wcut protocols for the following matters: (1) trees and tree removal, (2)—•'--•'.ate :'. "'0` habitat of protected species, �4_2) flood hazard management, f performance standards for development, (kO potable water and well field protection, (6) erosion control, (7) post -development land management protocols to include water conservation and landscape standards incorporating drought tolerant and native vegetation, rrt�l-(8) identification of ownership and management responsibilities and !91 hrc. magcpacpt.1ris 2 3 SMMP, and arearr not necessarily exhaustive, it being the intention of 4 the City and the developer se,,jtjL.of the Restoration SCD 5 to prepare =2 SMMP that is site specific and 6 addresses all issues essential to the maintenance of the ecological 7 systems within the Resource Based Open Space. 8 9 11 - Sp 11, tp c 10 _. :.. n..,_91c .: V,C. .,. 11 12 mtpaes- .,ktgje-' ' hill &Y'ra 13 ,IYonvi;f�stAntlinbth_s-f_tcina..1_hc CMMP will defer rn 14 an�m ranran t�bv reference the terms and mnditionc of the 15 FedCW WWI- =Q Rawits 19 he Qblaiacd and th 16 mntrnllinv of the undertaken of the dcycluvsrim c 17 .inns_ as the same pertain to the restoration enhancement and 18 ritartagement of theR sn, Ra=ed Onen StncP (i.e., the St. 19 ,Johns Rivet Water Management District FR_P Permir pursuant to 20 Chapter 403, Florida Statutes, and the implementing regulation and 21 rules of the District found at 40C-4001 and 40C-42.011 et. seq. 22 F.A.C., and4ff the U.S. Army Corps of Engineers Section 404 23 Pcitnit pursuant to 33 U.S.C. Section 1344 et. seq. and 16 U.S.C. 24 Sections 1536 and 1539 et. sec.). 44te Accul;djugly th City 25 w&hall defer to the requirements of the same, but the City 26 wiNshall reserve the right to review such regulatory outcomes and 27 determine whether or not such outcomes are substantially 28 consistent with the guidelines enumetated here. The SMMP 29 4,Awus be reviewed .and approved by the City a tcz 30 stakehn_ I da a2cocies with aWgular competr�cv jo the .nb'e�r 31 ,od�eL—roaew consistent with the requirements of the 32 }3r p--�-� --rl ----Rl Development Order and 33 the SMMP shallbeincorporated into the +wtteDRl Decelonment 34 Qrdcr by reference and made a pan thereof through a Nome of 35 mnoccd C�OPC). 36 Policy 4.1.12: Ownership of Activity or Resource Based Open Space. 37 Ownership of either Activity or Resource Based Open Space shall 38 be by one or a combination of the following: hntae»xwerr(1) a 39 homec+vmer's association, e��.xzd(2) a land trust, ,}(tea qualified 40 conservation organization, (41 a Chapter 190, Florida Statutes, 41 Community Development District or otb"(5) another public 42 agency wlrered daccentahle to theCn nod the devcToper 43 Wh= Resource Based Open Space is subject to a conservation 44 easement held by the city, county, state or Federal government or a 45 qualified conservation organization, then the developer, or its 46 assignee, may continue to hold underlying fee tide to the identified 47 Resource Based Open Space— SCD-21 1 2 3 4 5 6 7 8 9 10 11 12 GOAL 5: COMMUNITY DESIGN: PRINCIPLES OF TRADITIONAL NEIGHBORHOOD DESIGN AND NEW URBANISM: The City shall establish e„sjorarinn SCD De ign Policies ... .hwh-shall I,,. >,-.e-H-1 e t ns ,• luibLty and connerrivir. using design principles that are consistent with Traditional Neighborhood Design a,.a-,New estnration SCD They are set forth below and willaball be further memorialized and detailed in a Regulating Book/Design Guidelines to be adopted by the City consistent with SFA de=1«pmentrh' Re3rondon SCD ]and d inrirh th PL'I2sa f rh Restoration site. 13 Objective 5.1: Design Attributes. The ° -'- City �_shaU define 14 papa'�the essential design attributes that must be a part of kh-r development within the 15 Restoration SCD. Th •1 am listed he c math the rion that they shall bc hadiarefined and 16 imolementcd ducumb b th the DRl Ucycigumcat O der and the &pUlati B k/D i 17 Guidelines. In all events the DRi DevelupwcuL-OvIet and the &gul�V R k/De a 18 Guidelgl s must he rrsnsistent with the s n ul d lion attributes listed here. 19 Policy 5.1.L. Walkability. To ensure that the Restoration SCD is pedestrian 20 friendly the following design principles willshall be incorporated 21 iWato and made a PULDf the Regulating Book/Design 22 Guidelines♦ 23 a. At build out,- r' -t t s - - - - -- - 24 �e.aa:,-...all homes shall be within a tetr 10) 25 26 M - !.half (0.5) ruilc of 27 mix d-suss_ cti il�n i rir,_ri I 28 civic qAc mycwLacatuffice, 29 b. Streets are to be pedestrian friendly. Rttildi0g!11g es are 30 to be built dose to streets; with ncLmaiorim f thehom 31 having street -facing facades and/or porches, windows and 32 doors. G h• hnmeg may be constructed in a a n rh t 33 does not fir,nt fin tbc 5LUgE so long as the hom is 34 designed in a manner that 's nt t_hthe�Ls l 35 p�"'ratlitional Neighb h nil Ds s 'N L' hanism, 36 hf'sd-+s and omm r ial _ ins in th TR_C s�alLin 37 like manner he_built =crs with stect &gglz 38 facade_ an enVanap Streets are to be tree -lined and 39 provide for on -street parkin&m mnriate. Parking 40 lots and parking structures are to be hidden to the fullest 41 extent practicable. C. Street and pedestrian -way lighting timm to be designed to enhance safety and be consistent with "dark sky" objectives to the maximum extent practicable. d. Brick pavers, roundabouts, traffic circles and other traffic calming techniques are to be employed in key locations to enhance aesthetics, improve pedestrian access, reduce vehicle speeds and promote safety within all travel modes. C. Signs identifying streets, speed limits, and neighborhoods shall be designed to reflect neighborhood character. 10 f. $dewft k�Al] sucts h I d I I I units on one or both sides shall have =-idewalks adiarent rn 12 Lhc vertical dev loom nt nr oohs and such a drnalkc shall 13 be a minimum of five (5) feet in width to accommodate 14 pedestrian activity. Sidewalks will be I s'g rrl aud 15 Cmatructs;dialhauhuc is no break nf th 16 sautc, except for strut c �ssin4 5 Policy 5.1.2: Connectivity. To ensure the efficient movement of people 6 through the Restoration dtwele�m�n SC�.D, the following design 7 principles shall be incorporated trunto and made a part of the 8 Regulating Book/Design Guidelines. 9 a. The street system tt±MW be 10 p: -_��-'ro.,t— =gffln�.--Tg well-connected grid based sheet 11 system that is filly i teF�tee . Because the »tg 12 Restoration SCD shall develop over a period of years, 13 the street system ry8gW be designed to faciliate the 14 expansion of the same as the community grows. 15 b. The street system .wtHaliall be designed in a hierarchy that 16 provides for alternative cross sections to facilitate the 17 development of narrow neighborhood streets, boulevards, 18 and alleys. Streets are to be shaded by trees and 19 interconnected both internally and externally to both move 20 traffic efficiend through hrojgh the Restondun SCD an tQ 21 disperse traffic off sit efficiently. Streets willsball allow 22 for on -street parking wh rapprop'at and th 23 locating and eonfgmation of the same shall be set forth m 24 the Regulating Book/Design Guidelines. 25 26 C. The arrangement and design of streets shall promote a 27 pleasant, pedestrian and bicycle -friendly environment with 28 an emphasis on convenient access to surrounding 29 neighborhoods and community amenities. Seesf»ntaMe 30 �e ....... effiextR t tad S D road desk 31 standards may apply to County_ or State-owned and 32 maintained roads and as such he subject to County or State 33 approvaFas-ap�rt+priate. 34 35 GOAL 6: AFFORDABLE HOUSINGZHOIISING CHOIfE; 44i In dchnon 36 m the hoQraig choices identified in Policy 3.1.1 ahove- the City shall resole that the housing 37 offered within Simmenti ''-ere is —' -'— uare tpplrsfthe Restoration 5CD shall be 38 offered at a vaticty of price points. i eluding affordable housing. 39 Objective 6.1:_ Promote Diversity and Choice in Housing Options. The objective is a 40 robust [nix of different types and kinds of housing, and particularly housing targeted to those 41 whsfiewhn have an .avenge Median Income ("AMF that limits their housing choices. To 42 ensure, to the fullest extent possible, that the Restoration SCD is developed as a socially and I economically diverse communityyWA a wide range of housing types,'.'J a vancros price points 2 shall be made available. 3 Policy 6.1.1: Provide Affordable Housing. Within the Restoration SCD, ten 4 percent (10%) of all residential units 261,shall qualify as "affordable 5 housin 7 8 melNY_d ._ ._._._ _i___ r__c..r.r_•' which fnr this moose shall 9 mean b(tusi g far which persons whose f II h twe_n 10 eiAry nercenr i80%1 and one hundred fnnv neraent 1140%1 of 12 13 14 15 GOAL 7: JOBS/HOUSING BALANCE: The City desires to reduce dependence on 16 automobile travel and, therefore, vehicle miles traveled ("VM'PD. Accordingly, the Restoration 17 SCD wlNshalt be required to develop and implement a program designed to ensure an adequate 18 number of jobs per residential dwelling unit exists in thc.Restoration.S. at build- out. 19 Objective 7.1:_ The Reduction of VMT through a Jobs -to Balance._ The M 20 objective is to (1) reduce VT and (2) establish and measure over time the jobs/housing balance 21 so as to provide a framework for determining the number of job= created alld to m a. ire the 22 internal capture of trips within Restoration and to ensure a built community that, to the fullest 23 extent possible, provides for alternative modes of transportation to and from the work and 24 recreation places within the_Restoration jW. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 '7�.T�t . i'♦'�RAR111�171111: ..n_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 and I h I RMUMMI 1 of the 3 01' recidmtial un 0.1 iohs nen residential wit liil After the issuance of final CO's for the c p nyk of �he m residorial link 0 iwha uar id n myna (iul After the 'cvlaneP of final CO'c fnr Le 13IlCi' UF711C y lil'" tgsidenial unit __0.6_jobs per residential unit $CD-2G 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Polity 7 .4 7.1.3 Build Out Jobs/Housing Balance. At hulld.av of the Restoration SCD, a jobs -to -housing balance of 0.65 jobs per residential unit shall be achieved. During develn 1ncoLQF rh_c Restoration SCD. the Dohs/houses a balance shall be measured at various- qry,la in acc,rdance with the standards ant forth 3bQ and in the DRI Uevelonment Order.an _11L salts shall be sported to the Cily the FCFRP and du< Ihpar;mulC __rf tiptmottl—AfLaim s oken as the re om are eneroted cp tha C. —41 g� 0m towtiEd thc goal act With h r• cap b a + d and remedial action taken as detemined to be apumpri-te under the pro d ur s get forth here and in th;_ acromnancinF�Rl Development Order. I9�Tti7f�T!'It:T1tl.7atifliR:sRS7 GOAL 8: REDUCTION IN GREENHOUSE GASES: By utilizing the principles of Smart Growth, Traditional Neighborhood Design, Transit -Oriented Design and New Urbanism, the �'27 I City seeks to reduce reliance on the automobile; and, therefore, reduce the production of 2 greenhouse gases. Additionally, the City desires to moderate the demand for energy utilized to 3 heat and cowl houses and commercial structures built in Restoration, not only to reduce the 4 production of greenhouse gases, but to conserve available energy resources. In the furtherance of 5 this goal, the Restoration SCD development wtHshall adhere to the following Ohiectlte2nd 6 Policies. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Objective 8.1: _Reduce VMT through the UtWzation of Sound Panning Paradigms. The objective of using the planning paradigms noted in the Goal is to create a framework that gives the City the best possible opportunity to reduce VMT: and by done so reduce the R"Lictign of gicalhouse Iwo.F li . the obi tiv ism create a place where persons can live, work and play without undue reliance on the automobile "—..w:.,c,,.a,- ---', •-1"� ("q a -SH eS a , while also enjoying a living environment that is Policy 8.1.1: Compact Development Pattem. u_.- B k/Di n f. cttmVtttComp= development patterns shall be required-1 so that land is-±Qzj1g used efficiently� and at a densi • and tcnsi , that acsurec that the planningpsradivtns noted herein are dhcred are to be narrow, buildings are clustered together and yard space is to be concentrated where it is most usable. These Ecquir rautc shall b molt-mented throygh the adupLain of the DRl Development Osdcr and fNaher refine) developed through.�.rAti_�:Ia��.ed_.licguLltul� 6.sz_<.kil�e_i��l CestttWlnL>_-e++mT+�ret_to be implemented as here_ nxovided. Policy 8.1.2: Avoid Large Single Uses of Land and Provide for a Mixture of Land Uses. - -- -- -E t s Policy 3.1.1(d). r_he,Restoration SCD shall avoid large cjtt a ece•c_ of land and dcfxr t f land uses. The Regulating Book/Design Guidelines shall provide for and requite a mixture of uses to include residential, commercial, office, public ate_' .i.,rtT- spftFr—/civic recreation and Acdyn, Based Open tiiM-%. and Rcso=c Based Open Space all in + mixcd-usg cQnfigULJ&lgA This mtsmeemis of uses shall occur both vertically and horizontally. commercial and retail uses may be augmented wttbh residential uses above --'a„a-�,tc-v„xw-- .=ped�., 4 �— With regard to horizontal nuxing, the developer r e+ �f IW create a mixture of residential uses in close proximity to commercial-9nd/ r ret�.,:-uses. (4,,odwil wpom including ret.flandand nbli/ devclnner sha "1'he ll nr aisy inmmate appropriate cost stratification of -•-taw: ; , housing4gudiim to ensure ri;an but the r k __ ipts I 2 atl!o1i"11,42ndpplivZ6.12, 9h n 11 1' f o'- 3 integrated community with vane and mix of housing m. acts 4 at various price points tyyl l•hrwt-a d 5 of markets. 6 The SCD Total Land Area is §4R75.187.1 acres. Of that amount, 7 &kMapprox4natcly l 872 !+ or -) acres have been designated as 8 ='mom" �ither Activity Based mtdOpeng�Spare or 9 Resource Based Open Space. 10 11 The following maximum and minunum calculations are based on 12 Ih ti f h R r SCD 13 laheled °s SCD CQjumuujrj Qyxdopmcat gn tbc C12jI.Man.. This 14 area_isalso tefened to as th 'build envelope" of the Restoration 15 SCD. The build envelope consists of approximately +..6551-; 16 acres (t+ or _). To ensure a variety of uses within the build 17 envelope, the Restoration development wibW be limited to the 18 f08owing: 19 20 a. Residential- the m_..:._.._ __._.__ .. 21 22 while -one-- The minitxnrm amount of residential i�t I� 23 frrrz-eikhi pcmeatt !48° al of the build envelopezw& 24 :°.; ;. 25 b. Commercial - f17re mat. lumum amount of commercial 26 use (retail, service) 28 'shall be five percent (5%),gf 29 the build envelnne. 30 C. Office --tees __..:—__ ..__.__. _r .. rf.__ ..__ :_ _I build 31 IMH b - - e ---- - l Th 32 nunimum amount of office use in she--b,ljj -- im-1 ne 33 willshall be five percent (5%) of the bid envelope. 34 d. pub6eCAic/✓mdrutinnal - d1c minimum amount of 35 36hall hLHLq&mCnt 37 ((°%1 [ t11e h ld I F tbjs_ numese_ 38 C " /i Ww 'e I shaliqdWa chools. utility sites and 39 other lilie kind g ygpgrnt t fs'Lities. 40 e. Recreation and Open Space - t Che minimum amount 41 of Activity Dvtittievr�mand Resource Based Q2,n ti , 42 5h ll he fifteen t !1 °')o the build envelopezftA 43 he ngpeeeenr W. 1)-and-F." The minimum amount of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 - r r Importantly, when measured against the total land area of Restoration, approximately seven -four p in>r t s percent (bEW16) of the total land area of the Restoration SCD wi8sha11 be lands outside of the build envelope. -- - -`-'.- t,ne'.SsvZ y tUc "build envelope" of the Restoration SCD r+egncicrc of apmumate , 1.315.1 ac=c,lcz_lated as the total land ate F Rem ti4C1).(5,187.1 acesl less all Resource Based i h.,h h, - .--CMe S (i 1172 ) 'Ile R Basest ran includes the Conservation Area and SCD Cnnsnrvation/resmration areas ac shown on the r'-'----'. --"--' " �CUA Map. The build envelope of the Restoration SCD is to be comprised of thuse groups--_(}j identified shove. No single -use group may exceed ci .tv - %) of the build envelope -mid - Polity 8.1.3: £eeearaee—Walkable, Bikeable Community Design. The Restoration SCD shall incorporate a pedestrian and bike mobility system to provide for the efficient and pleasurable movement of pedestrian and cyclists throughout the development. This system shall include a hierarchy of pedestrian and bicycling facilities including sidewalks (at least five (5) feet wide), Bike Lanes (four (4) feet wide -and limited to major arterials), multi -purpose recreational trails (at least ten (10) feet wide) and unimproved nature trails and boardwalks connecting residential areas with work, shopping, entertainment and open space/recreational opportunities. Purcuantto PBlicy 51 1(g) the developernull prepan, and A,bwit with the Regulating Booka2 g�LC,'d tin c th _d 'I_ F th bike mobility plan and trail plan. Policy 8.1.4: £sneer at�:Transit-Otiented Development. The Restoration SCD shall imhnknrovide for the development of a Transit Corridor Plan. The -----..,ram...°: - t�-rlan-i�aa'1'r t CotridocP1= 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Policy 8.1.5: �a lay out the strategy for the design, development and operation of •na fired -roil. electric transit system r --- <ufficiea y hioh sn as to support the utilization and economic viability of the transit system_ Tot assist in the economic viability of the transit system, the Regulating Book/Design Guidelines shall require that development at the site plan level be transit friendly to include reduced setbacks, pedestrian connections between buildings, parking in the rear of buildings, and the provision for transit shelters. nrnvided. Fnwevea nn-src er ap rki^g =_hall allow d 'n the multLwav hnulevard described in Policy 8.1.5 hew. In addition, the developer shall work with the City of Edgewater and Volusia County Public Transit System to ensure external connections are provided between Lbj=Restomcion_5M, the City of Edgewater and he +thct jucqWunncd i [treed portions of Vol+s'a Co +ntv. The design of rep bra-w1NLe, TRf� shall support and facilitate the optimum and safe operation of the transit- . 3 GOAL 9: SCHOOLS: The City and the Volusia County School Board seek to ensure that 4 opportunities for residents of the City and Restoration gyR=hall have adequate school facilities to 5 serve the City and Restoration. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Objective 9.1:_ School Conctmmucy. Residential development within the Restoration SCD shall be planned to ensure sufficient capacity within the public school system to meet the Policy 9.1.1- Capacity Enhancement Agreement. The applications for the construction of residential housing product within the Restoration SCD shall be coordinated with the Volusia County School Ihff=tBoard to determine if there willaba0 be sufficient student capacity to meet the requirements of the new development pursuant to standards and procedures as more fully set forth in the Interlocal Agreement for School Planning, Public School Facilities Element, and Section 206 of the Volusia County Charter. To the movement of school within tbc Rat ti SCD the Voln=ia County School Board the City and the developer and `eho '�..._- -- --haa:c catamil into a Capauty Enhancement Agreement (" CEA'� prior . the _....__._-.f.L.. OR! De M.... me to Pidetsvhich has been de=ioned to ensure that public schools can be timely planned and constructed to serve the student population.,°s part of say __l_._i A.the _L_., tile l"Is' of the CRA has Leer rgcgjd 'n the Public Records of Volusia County Florida -at Q.R. Book 6313 Ngc 219 Public liccords of Ytilusia. W1122 I b haeh-designated 2 'tl rt k fa ril-He_ .. ,her Mall, 1,_ p -- we 11 a 3 4 GOAL 10: RESOURCE EFFICIENT DESIGN AND OPERATION: The City 5 __ ' -.--__-_ _-`�muires that the Recrnmenn SCD development t_include adherence to a 6 suite of "green" building and design initiatives to the end that the structures (both residential and 7 commercial) wtiNsba0 be designed, constructed and occupied using a variety of applicable green 8 design and building protocols as hereinafter set forth. 9 Objective 10.1:_ The Udisadon of Defined Benchmar" and Metrics to Measure 10 Success. Sustainable development practices are understood to include a variety of practices and 11 protocols that are designed to allow development that promotes "resource efficiency" across a 12 broad spectrum of resources. The primary objective of the City in promoting the Igatr+mtinn 13 SCD is to develop a rational and robust set of green infrastructure protocols that assure that 14 development within aLhe Restoration SCD uses a whole systems approach to the design, 15 development, construction and operation of the Resn,mdnn SCD and to do so with defined 16 benchmarks and metrics that can be used to measure success. 17 Policy 30.1.1: Utilization of Innovative Sustainable Programs. 1'he 18 -voler, ."d M-A .., '. M­ Vu, efieti 'eaestontionSCD 5h II utilize 19 a number of innovative sustainable development techniques and to 20 measure the success of each to determine their individual and 21 collective impact on conserving energy and water resources, 22 internalizing trip capture and providing appropriate landscapes and 23 biodiversity. The protocols to be used shall include the following: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 a. Site Design and Land Use. lfcavvreCalculate the density of test units and inicasity of pogo-re3jillen al units within the Resvaation SCD in order to measure jobs per required synergies to cnhaoce and improve prospects for a walkable, transit-teady and L.ans;r-us;no community. b. Landscape and Biodivetsity. Create balanced, mtkt- 2peetcw�s et vies living environments within the context of East Central Florida using native and other appropriate vegetation in the landscape palette with the goal of reducing water usage and treating groundwater an ac u+ remove identifiable poll rants. Landscaping within the built environment shtwalA be substantially designed" and insta0ed rh ;v niry of 1'l0 da's F�Inrida priepol. plant Lis and managed in accordance with the University of Florida Yards and Neighborhoods Recognition Checklist Qanuary 2007 Version). Transportation. Creatw�g multi -model synergies that facilitate a reduction in the use of the automobile, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 promotes pedestrian and bicycle utilization and the use of transit _.h_�nn6._: _�.�.. Energy. Design the built environment so it reduces the use of energy by incorporating green development practices in building design, construction and operation. Certification programs certifying compliance with this protocol that would satisfy the same are the United States Green Building Coalition Commercial Standard certification for commercial structures and for residential structures, USGBC LEED for Homes or FGBC Green Home Designation Standard. AU hijildirt2s constructed within the Restoration S_CD shall meet one -f these rntena Water. Design the water management system so that as neatly as possible; it incorporates total water balance into the design, construction and operation of the development. The benchmarks and metrics by which the City and the developer will _hall measure "sustainability" willsha i be set forth and detailed in the DRI Development Order that is to accompany the adoption of this text amendment. It is recognized that the standards and protocols which define sustainabiliry are constantly evolving such that what is detemuned to be acceptable today may be unacceptable tomorrow. As new programs or technologies emerge that may be mote supportive of the goals that are both explicit and implicit in the ttsrdevelo men of the Restoration SCD, the City and/or developer andshall seek to incorporate them into the DRI Development Order.—r�' b=' by usiao adaptive management" a,�..s- -' over the life of the "k,4> s-xsRestoration SC'D 'th ✓ to ensure that the most current programs, policies and protocols are used throughout the life of the Restoration SC GOAL. 11: CONFORMANCE WITH THE GOALS, OBJECTIVES, POLICIES: The City yi ftall ensure that development within the _R_estotation SCD area is in conformance with the goals, objectives and policies, contained herein, through the execution of the DRI Development Order-_d the adoption of Restoration Regulating Book/Design Guidelines the adoption gLj;h, SCD3.4 I Objective IIA: Mainroin;,.o C9a47-MZl& Hitil r /v 0&&CCh= md Pa&c&& The objective 2 of the City is to make sure that the broadly -stated goals, objectives and policies described in this 3 Restoration SCD text amendment are refined and set forth in more derail in the DRI 4 Development Order and aan actumpawing dctcymgauAjdagmcto so as to ensure to the fullest 5 extent practicable that the $estoration SCD willaUH be developed and managed consistent with 6 this text amendment. 7 Policy 11.11: Creation of n—e^oGWthe Restoration Planned Unit 8 Development The City shall allow development of the 9 Rcstruadon SCD or any'Laa-ittriet-nortion of the c t 10 nro[eed anon the adoption of the Restoration Sustainable 11 Community Development/Planned Unit Development 12 ("SCD/PUD') zoning category: and the accomoanvino IicgWarrjtg 13 Bos) L) •ssietl_ (isudconsistent with the 14 Restoration DRI mldDevelonment Order and the Restoration 15 SCD Future Land Use Categorytogether wi h h SMMP a 16 orevious y umvided 'n Policy 1 1 3 abc . 'Phis !Y&ball require 17 the preparation, submission and approval of a SMMP 18 Zoning/Land Use Plan and a ljgstpration SCD/PUD 19 lktnk 3rrit-- ' - - prior to the initiation of construction 20 within the Restoration SCD, or any sub -districts, or portion 21 thereof. Map "H," as approved and appended to a DRI 22 Development Order, rxarshal serve as the basis for a 23 Zoning/Land Use Plan. The Restoration SCD/PUD Regulating 24 Book/Design Guidelines shall contain planning and urban design 25 standards that govern development within the R sroraion 26 SCD/PUD=-Agier y e e the Restoration SCD/PUD 27 Regulating Book/Design Guidelines conflict with=.gxis' City 28 Land Development Regulations, the estmadun SCD/PUD 29 Regulating Book/Design Guidelines shall control. 30 All properties to be developed wAlshall undergo the Rcstplatiun 31 SCD/PUD Rezoning process, which involves two steps: 32 33 Step 1: Zoning/Land Use Plan approval provides zoning approval 34 on the overall Restoration site. 35 36 Step 2: Development Plan approval may occur in a staged process 37 and as increments of the overall Iand Use Plan are submitted for 38 approval. A Development Plan may be approved by the City 39 Council after review by the Planning and Zoning Board. Nothing 40 herein shall preclude the developer from making application to the 41 City to amend or modify a previously adopted Zoning/Land Use 42 Plan as and when the developer determines such an application is 43 appropriate. 44 I The Regulating Book/Design Guidelines will5hall address --and 2 =d h in e rle J the following areas: 3 4 • Principles of the Plan 5 • Environmental/Open Space Development Standards 6 • Streets, Roadway and Utility Standards 7 • Mixed -Use Town Center Development Standards 8 • Work Place Development Standards 9 • Residential Development Standards 10 I I Infrastructure and Engineering Development Standards 12 Transit Development Standards 13 • General Landscaping Standards 14 Lighting Standards 15 • Signage Standards 16 Definitions 17 Polity 11.1.2: Processing of Development Approvals. Because the 18 Restoration SCD requires for its implementation the integration of 19 a number of different land uses including office, commercial, retail, 20 residential, recreational, institutional (including governmental) all 21 of which are to be arranged within the built environment with a 22 vigorous effort to utilize sustainable principles, it is recognized that 23 modifications to the existing Land Development Regulations of 24 the City are necessary and desirable to accommodate and allow for 25 the implementation of the Restoration SCD. 26 It is contemplated that the Restoration SCD willshall accomplish 27 the required modifications to the City Land Development Code 28 through the review and approval by the City of the Regulating 29 Book/Design gQuidelines using the PUD zoning process to 30 accomplish the same. The property within the Rcstsption 31 SCD/PUD district shall be rezoned U Pl1D prior to 32 commencement of development. The rezoning shall include a 33 Zoning/Land Use Plan with a description of how the overall site 34 plan meets the Pe>✓iev-6deide,4ine=(' . Is_ Oh'ecrive= a Pn i i set 35 forth herein. The Zoning/Land Use Plan and the accompanying 36 Regulating Book/Design Guidelines shall define with particularity 37 how each of the development components of the 5nL gii 38 SCD/PUD development w{Hshall be implemented. The 39 Zoning/Land Use Plan shall set forth the capacity for 40 development inside the areas designated as RcstijKaugn SCD/PUD 41 on a site specific basis and to confomaity with the limitations 42 described herein. In addition to the maximum base amount of any 43 specific land use category described herein, development capacity 44 may be altered but may not exceed that which is set forth herein. $CD-3G I Policy 11.1.3: Coordination on Transportation Improvements. Where road 2 improvements required by the adoption of the Restoration SCD 3 designation are ttgt-provided for in the DRI Development Order 4 contemplated by this designation, then the City of Edgewater ft= 5 t Wr=W amend its Comprehensive Land Use Plan and 6 htdtftEd=Wts Transportation and Capital Improvement Elements 7 to incorporate the toad improvements not provided for in the DRI 8 Development Orde"f -- -- - - 9 h .loner fear he - -t'uT —. 12 F t e - . Where the road improvement, 13 are provided for in the DRI Development Order, but are outside 14 the jurisdiction of the City, Interlocal Agreements with the affected 15 jurisdiction shall be required and identify the source of capital and 16 the timing of construction for those specific road improvements 17 such that the toad improvements are provided prior to 18 development in the affected area of the 561311estsinninn SCD 19 1 ha mad' t in lic mdctuk=h n thejust Gyon, 20 of the dudgRment of ReMation arc or shall bc includadiLth, 21 Cin,;Qm 22 Policy ILIA: Maximum Daily Trips at Build Out. The land use and resulting 23 trip generation for the R ,re oration SCD land use shall not exceed 24 114,828 daily two-way trips at build- out as calculated by the then 25 current Institute of Transportation Engineers ("ITE'� Trip 26 Generation Manual. 27 Policy ILLS: Funding Qthc j' Public Facilities and InfraatrnWjM• To 28 ensure the provision of adequate public facilities that are fiscally 29 neutral and avoid inequitable burdens on parties outside the 30 Restoration SCD, public facifin�� ufmstmcnue for 31 development, within the Reatindnn SCD t idi;, j be funded and 32 maintained by Che develosxa its c, _rc and a«'1 a n�h,d' 33 without limitation a Community Development District ("CDD'� 34 formed in accordance with Chapter 190, Florida Statutes, or such 35 other financial mechanisms that are not dependent upon a 36 budgetary allocation of the City of Edgewater. Inr the n.mo, • i,F 37 11M poi the term "nub!iQ. ie, 1 'nf t I de_c 38 the following, (Il utex and wata supplysy_te_ __ (1) 5tQcp=ter 39 main. ge_ment sixtati, (3) asids M transit system, /5) s 1 40 waste varer a, mixi, (fill frr�rFgeSy: k=Q LMti aad 41 Pr din wwrshoF d of aJ 42 fe tse f the Resourcc Dascd O S !c, the 43 Win. ha I i to -be bwl .�_nr..c_ �f rh DItI De,�elnnlPgny F�T1•.[3�1iS11�.. • t .. . r � r - . r r 5 GOAL 12: FLOOD PLAIN MANAGEMENT: The City in rh f tth nc E the 6 Restoration SCD recognizes that mndiFcanops. and adjustments to its Land Development i Regulations are necessary to accommodate the Restoration SCD. Those adjustments M4h�l be 8 undertaken consistent with the Policies set forth below. 9 Objective 12.1: RCE7scd F/nnd Pain ffAa&eement &&Gies and gWtQGq1& The objective is 10 to create a series of Policies that are consistent with established state and Federal law and 11 protocols to ensure the proper administration of floodplain development and management in a 12 post -development setting within the R sr ti ,n SCD. 13 Policy 12.1.1: Floodplain Management. The City shalleyrand maintain a 14 floodplain management ordinance, which includes the 15 development standards required for participation in the Federal 16 Emergency Management Agency ("FEMA'7 National Flood 17 Insurance Program. The ordinance shall require that any new 18 construction or substantial improvement of any existing structure 19 have the lowest finished Root elevated to at least one (1) foot 20 above the established 100-year flood elevation. 21 Policy 12.1.2: In areas that are designated by FEMA as Zone "A" (no elevation 22 established), a flood study of the_Restolatinn SCD sire, as prepared 23 by a qualified State of Florida Licensed Professional Engineer:vvJ& 24 Stilicct to technical review by the Cinh,I1 be required to 25 establish the existing Rase Uood elevation(s). Such flood studies 26 shall be submitted to FEMA s a I tt f Mao Revision 27 (`9 DMR'1 to establish the eXAW9ag conditions base flood 28 elevation(s). Waawius shall he r t blish d pti2t w approval 29 onstmctinn of any portion uf the Jest hing within zkdn 30 FFMA Flood 7,on 31 Policy 12.1.3: After establishment of the FEMA Base Flood elevation(s), all new 32 projects must protect the natural functions of the floodplains in 33 the City and adjacent jurisdictions, with the understanding that 34 new major projects occurring within the jnstait-sblr—:=„tr;moe 35 .,.�,.,,....—t`;--tTr�Resmrari SCD Future Land Use 36 Designation area may provide for innovative floodplain 37 protections and provision of compensating storage (based on the 38 open space set -aside), and may be used to redefine the floodplain 39 limits subject to the Restoration SCD/PUD Regulating floodI Book/Design Guidelines lie ere wed 1uh., 1! 4 Guidelines shall include requirements that the proposed d,,,gn 5 demonstrates that there are no adverse - - JIM -- uipmrs of the Conditional Revision15 va,vua.sa•�.._t uuavu_J-_.!_ • =Poscd t••••_.__I_ _ 18 developer_must _submit_the CLOUg_ Qf •2U constuxt4on PrQ&eCt.that _ I • 1 t t •. • 21 22 23 24 25 26 27 28 29 30 Objective 13: 31 &a`n`'nab& Cnmmnnisy DP�v lnnmen! Dictricr / $CD'1. The Resmra n $CD is hereby 32 estabbshed as shown on the Map I-8 Future Land Use Map (" FLUM'�. 33 Objective 14: Maximum Density and Intensity for Restoration $CD. The density and 34 intensity of the Restoration SCD District shall be limited to 8,500 residential units and 3,300,000 35 square feet of non-residential square feet. The density and intensity of the approved project shall be 36 indicated on the FLUM. 37 !IL, F Document comparison by Workshare Professional on Thursday, January 28, 2010 2.17:10 PM Document I ID ile://C:/Documents and Settingsttrbrown/Desktop/SCD Com Iete.DOC Description SCD Com fete Document 2 ID interwovenSke:/BHDMS/SOLICITORS/102756531/7 Description 102756531v7`SOLICITORS> - Edgewater Comp Plan — Edited 4-16-09 Renderin set BH Standard Count 704 426 777,142 6 6 ge 0 nged 0 es 1142 0796M.000001. 103241005.1, X F)RMhneme,e I EXHIBIT B ATTACHMENT 2 2020 UPDATE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT EFFECTIVE OCTOBER 2009 CITY OF EDGEWATER COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT LIST OF TABLES ,I 1 LIST OF MAPS Map I- 1: Existing Land Use Map ............................ ........ ................. _................. _................................. 42W Map I- 2: Water Bodies and Flood Zones ............... ............................................. ........................ _...... 5454 Map1-3: Wetlands ............................................... _................................................... __............ _.............. 5..152 Map1- 4: Topography.... ........................................................................................................ . .......... ..... 5253 Map1- 5: Soils ................... ....................................................................................... _ ............. _................. 5354 Map I- 6: Soil Suitability for Development.................... _................ ............ _........................ ........ ..... 5465 Map [- 7: Public Water Wellfi................................... _....................................................................... 5-556 Map I- & Future Land Use Map...................................................................._.............._........................ 5k57 CRY OF EDGEWATER COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT non-residential land uses. Typical one include medium to highdersay residential, office, commereial and tight industrial land urea. The anent of the employment remee district h to: (1) Provide an econantnic benefit in tenen of employment oppoamnitics and increased nx base; (2) Locate higher intensity uses where roadway capacity ran accomnudse, inaeased eaffie due to ahwt trip d nances to major roadways and increased hoc capacity at major interaections; (3) Locae higher inenshy uses along major roadways and inenections to reduce development pressures in other o..+a, thereby mudmizbng the toad congestion and commmtity co epatibiliry impacts; and, (4) Locate higher inenury uses adjacent m hurricane evunation roues to reduce pressures on local toads during a. cacnn. Mmun.tive mods. of transponation are required in the Mixed -Use category m encourage pedawan cam ltion. Tactic of lard must be developed as . whole throughout the Property m Provide continuity among the various land uses and to cream a compact and walkable living environment and wn4lace. Tnnsidonal uses see required to peotert lower intensity and density usca from high" usrs. Building heights at be stepped down adjacent to low" memity, and density uses. d. Industrial The Industrial land use category indades both light and heavy industrial uses. Thc m Bow are. no foe light and heavy industrial uses is 0.42 PAR. Industrial Phnned Unit Developenenn are pcmnnud to go up to a 0.50 F.kR. Industrial lands are located in the northwest and central part of the City along the FEC Railroad and extending westward along Park Avenue. Noah of Park Avenue there is s. heavy industrial de scl pent. This indwtnal arivi y is pan of a huge Farrel of land currently zoned as a Industrial Planned Unit Developmnt (IPUD). However, the majority of this property is currently v.cant. e. Recreation and Open Soace This hod oar, category includes park and recteation facilities owned by the City, as well as recre.ioo facilities located at area schools that ue under lease ro the Cig. Open space inel der thou areas deemed worthy of p e.tevatim such as, common open spaces in private developmenn and signifirant rghto4uay buffers along mjw road., and drainage system. Ad, mete '[fie recreational ehn tnt provider a compleee inventoev of saes read the Laarn,wra maataxaM, (hdireree No 3W0-I0 f-5 CITY OF EDGEWATER COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT 6cibur, provided for them cecreanon uses. The reae .use category includes lards committed to both active and Torture ,creational uses. f P bur/: 'The Public/Semi-Public category consent of public facilities and private not -for - profit uses such se, churches, schools, and cemeteries. AD other public lands and 6edities, such ar City Hall, post offices, utility substations, watec and wastewater rreammnt plants, foe Bran. and hberriet are also included within this onagory. g' This land sae category cossets of histosc, uch..Ioginl and arehitaturI resources within the Gty. The City is curmsdy in rise process of completing a historic suevey. Coneenly, no structures have been identified as historic or listed on the Florida blasts Site File. 1burem aschamlogicesl sire, totaled within the City of Edgewater lace been included on the Florida blaster Site File, as of July 2000. The State Division of Historical Resoaca malnams a database on each of the sites that has been included in the Housing Element. b. conse, The Conservation dengsration includes public Inds that have been acqueed and private land aceas that have been caaeaved by mutual agreement with the property owner for the preservation and protection of Edgewater's natural resoures. lbe Conservation Overlay area shown on the Future Land Use bap (FLUbI) is intended to protect areas that n oy potentially contain protected wildlife habeas areas, hydric sods/wedarsds, rnngonc swamps, otrsaeia marsh ecotone, freshwater marrha, special vegetative corssmaraties. Included within the Can mason Overlay definition are areas within a pubic water well radius of 500 feet, within the 100-year floodplain, and other areas subject to envicann a cal a topographic constrains. The area designated to Consecration Dveray on the FLUbt is nor intended to prevent development, but atha identify sensitive areas that need to be reviewed carefully during the review pesters so deacmine whether develapmmt hadd be prmdned or if some focm of mitigation moy be racessary. If the acres are deteceedned not to be senudw, than the mudeclong land use development density and/o, intensity will be applicable. 0.SrunaMo.3a�bPln IL CITY OF EDGEWATER COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT j. Ware./tikes An additional land use category was created to rtpe ce nt maser bodies located wishin she City of Edgewater., r:5a -o the-6iy—The majority of the ..r .,ponds to the over followed by water bodies Insisted tithe Flood, Shores subdivision. k Va.,, Thu category includes vacant, undeveloped and some underdeveloped scresgs. Thu category irsch dun lands that are en subdmucm, which are platted, hot not over fifty percent developed, as waA as lands that cusendy have w active uses. FTaeee+ee eermama: strwaapn -__ r__s_The reajonry of,hrta lands are located in the n sideva t part of the City nee she Myron Beach Conummiry CoUrge; scattered throughout the Florida Shores Subdivision; s..dig Indian River Boulevard; and, south of the intersection of Interstate 95 and Indian River Boulevard. Cu=endy, the Florida Shores subdivision a roughly 74percent developed. ThereF , infill development wihin rhis project could beams a saideotid issue in the fume. Then tie some additional vaans/undeveloped land. remwdnng to the ..the.,. section of the City. 2. Nsmral Reaouacea CIn The peesence of mtmil resources within the City of Ed,,atc. will affect the (ease bad use pat. . The following narrative briefly ducussa the mensal ensvonment within the City of Edgewaea. Much of this infomution is docutsed in greater dead within the Conservation Element, The City of Edgewater enjoys warm temperatures with an avenge initial ternpmmte of 71" F. Localized thundeestonm can be intense during the a.. season, producing as much as two in their inches in a short period of lime. This of 1'olusu County enjoys raw distinct season within climates genenRy considered subtropical and mod. b. Water Bodies/Esnsirine Slstems The eastern border of the City of Edgewater lies along the Intn<oasal Waterway that is pan of the North Indian River. Surface vatm in Florida sne classified according to Section 173 of the Florida Achninistratrw Code. The majority of surface voters in the City of Edgewater are Class III waters suitable for =creation and pre rection and sraregement of wildlife. Howeveq towuds the southern City boundaries are Class II wares white she= is shdfah psopagation and harvesting. 17 CITY OF EDGEWATER COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT .wge me of population gmanh for the planning pedod (VW2020) u 3,23 peteem naauy. 2. Analysis of Public Facilities Affecting Development It is impottam to emote that public fscilitics and services that are na..iy to support development are avadabl. roam, wide the impact of development. a. Po,ahle%V,, AU tesidences and commercial activities within the City limits are served by the City+s cemal water system. The City recently constmcted mw wellfields and a new sate of the an 5.0 bIGD (million pH. pa day) wata nearment plant. The new facdities came on-line in 1"3. Additionally, the City has closed the Eastem wellfield to teduce the potential for salmemee intrusion. Thete have been no additional reports of consaminstiots at any of the weg vies. The City currently has J&osHs permitted for consumption and only 10 arc active. Map I-7 identifies the City', 10 active wens and two ('>) active .11fields. The City currently has capadty to provide iss adopted level of service for potable xs,er of 114 hdions pe_•w.nlnu reside, ul wars rser due. Based upon the projected population grmvth for the utility service area, the current warn ttatment plants capacity should not be exceeded until sometime between MIS and MM. Depending upon the additional capacity of the «clawed ureter system the facility may nm need In be upgraded during the planning petiod. The City will have to expand it, Ovate, stooge capacity to maintain iss objective to be able to store at least half of the average daily demand before 2020. The City will require adequate new distribution system lines concurrent.vith new developmenr and redevelopment. b. Sanitary sew. The "us, to, collection, treatment and dlspmsl of waste .art provided by the City of Edgewater wasreazta matment plant and collection system mswork Although the wastesarete, service area extends beyond the City limns, the acmal collection zones F waste wt. aatment exclude large sections within the City and overall service area. (lice the S' tary Sewer Sub clement and Conservation Element for a more detailed discussion.) ,IrA..No. NMCw 1n Ito O �ave.v�. mm CITY OF EDGEWATER COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT and west of Mango Tare Drive wear confined to the northern section with the remaining undeveloped areas, protected For these steams, which s e cumady disturbed, new development should toect the standards as act forth by the HUD Flood Laurance Ptogpm. 4. Vacant Land Anst"im in analyzing the carrying capacity of vaunt land for developmen4 soil maps and various mtunl resource maps were overlaid with the Fasting Iand Use Map. Two issues facing the City of Edgewater wuh regard m these factor, include the good ha=d zones, which wear discussed shove, and sal conditions. Map I-d shows the tesults of soil attiubi ity mdysis for building coosttucum Table IMF provides a vacant land analysts for the City based eaistiog savage that is not dnignsted as Conservation Ovedq. Based upon analysis of the City's Conservation and Conservation Overlay designations, the paremve of water bodies, rights -of -way and meemeata; approsimttdy 20 percent of the total tees of the City my not be developable. The exact actear will be deoesmined as, site - specific enlvitonmental impact studio are performed far those propettim within the Conservation Overlay category. 5,1srejectedl amed Ute-Neck Ordinmc<No. 2oo6D-10 1-13 CITY OF EDGEWATER COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT mono-lo r-14 CITY OF EDGEWATER COMPREHENSIVE PLAN FUTURE LAND USE O.ti....... No. 2 0-10 1.15 GTY OF EDGEWATER COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT Tahk-4-raho.r years. 64. Need for Redevelopment The City of Edgewater has been developing since t870. Some of the older structures m the City have begun to dhow signs of aging and deterioration. The commercial condor along U.S. Highway 1. in the heart of doaratown, has become blighted and vacancies are occurring more frequently. The City recently Tweeted capital into the restoration of the Rwerfiont, which has great potential to tie into the downtown walkable area along Park Avenue. The City needs to pusue alternatives to encourage economic investment and tcdevelopment in this area. A few of the City's residential dwelling, are also showing sign, of aging. The City is currently working or, a historic survey to identify significant strucamna based on historic events or arcldtectute. Historic reservation guidelines must be maintained in the food Development Code to crane that the City's significant historic resauetes cents n intact dung redevelopment Additional design standard, should be adopted to ensure that redevelopment respects the architectural rLaacter of significant historic structures in the City. The City also nerds to continue to pursue funding to retrofit an development that is utilizing septic sysmns on unsuitable soils. 7& Inconsistent land Uses Those uses, or areas, which will be nude non -conforming by adoption of the Comprehensive Plan, will be precluded from either increasing the degree of noo-conformity, or from development of new non -conform nil uses The intern of this dement is to maintain the existing development patterns in the City. This pattern is consistent with the land use, objective and poncies of the City. Tbetefote, current uses that will be inconsistent with the dement are minimal However, where such inconsistent areas exist, and there is clearly no "vesting" of the development rights associated with the inconsistent designation, the areas shin be m-designated m the land use shown on the Future land Use Map. Ordim. Nm 2u1s0-16 I-16 � K k K § N5 l;.; !l . aAAz !!!+ +z z» .i!-! ��.-!• !{l. !#l!!!}\!}!4 a, Q �! � ! \•|� 2 { \ q \ }!}!]ƒ \ z!k zAz§!z|! ,lk } !f ]\ y ! ! ! \ | |,I !�!, ««!! !!®! °®f{!B !�■; � !!°! •{�f3 G�lK oi)\! ga}\- �^ 00 IS q ƒ d !| j/k Be § </} f ; k \ �� �E eS"a 2.So vl .% 9po9 OV^ C u �9.tl�'e 3 10 r�r€ H 9 gg j C EW O 5% 0 5 g gg tp� p yN 3@@ 8 � a!§ ; rc a w u 0 O C U �� �; e e. uu +o Em `o � c a2 `<d Ram ��s 8 z a c Id 1. T O flill I'lz I i m��eyeseag ag8m 3a F � � c C e c'$ C w 3 w C'1 0 w O r «. R Lei I a a�r3 Jill �i CITY OF EDGEWATER COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT D. GOALS, OBJECTIVES AND POLICIES GOAL 1: To effectively manage the land use pattern in the City to enhance the quality of life for its citizens; promote economic vitality; and, accommodate population and development growth in an environmentally acceptable manner. Objective LE land Use Caregories. The City shall maintain regulations for land use categories and a Future land Use Map to ensure the coordination of future land uses with existing and adjacent land uses. Policy 1.1.1: The adopted Future Land Use Map shall contain and identify appropriate locations for the following land use categories, as defined in this element. Land Use Categories Maximum Density/Intensity Agriculture 1 dwelling unit/2.5 acres I dwelling unit/acre Low Dense Ttansifion Low Density Residential Medium Density Residential 4 dwelling units/acre 8 dw units/acre High Dew Residential Commercial ..... _ Mixed Use Indusmal Recreation and Open Space _ Conservation Conservation O'cda_y. __ Public/Semi-Public 12 dwelling units/acre 0.5 floor area ratio 12 dwelling unite per acre and 0.5 floor area ratio 0.5 floor area ratio 0.25 floor area ratio Not Applicable______ Not Applicable _ _ 0.5 floor area ratio _ Sustainable __ C 5 RlIDC. -lament Policy L1.2.• Dtnsiy/lnwmify. The City shall adopt maximum densities and intensities for each land use category that encourage economic development while protecting the natural environment as indicated in the above table. Policy 1.1.3: Zoning Disaicrs. The City shall maintain an adopted zoning matrix that shall establish zoning districts that correspond to specific land use categories. The matrix shall further define allowable densities and intensities in each zoning district. Policy 1.1.4: Innovative Design. The City shall encourage umovative land use development techniques (including procedures for MixedUseplanned Revision 3-06 I-33 �� J t � �+ I �� �♦ t .-�sl-. -.- s ` 7i, T s '� Li s ! .6o1. ! )�¢|�) ■ \ .� COUPREHENSWE PLAN HOUSING ELEMENT EPPECTR'E SEYMNIBER 2006 LIST OF TABLES ERROM NO TABLE OF CONTENTS ENTRIES FOUNO.TABIE. 111- I - horning Units BY'rypc 17 TABLE 111- 2 -Homing Urits By'renua, 1990.. ...... .......... ...... ...... _...... .___Alt 'I'ABIE. III- 3 -A, Of H,wing Stock, 1990._.. .............. ............ . _.,_ .19 TABLE 111-4-Vda Of Owncr-0ecvpwd floating, 1990 _._. .. ........20 I'AB1E n1- s-eomgrtrmu Of Ahmshly (i.s 0(OwnserO.upied Housug, 1990......__........__........_- 21 TABLE III- 6 - Cangn¢on OFM1IomNy Ctmrraee Rrnp 1990......_............._..... .......... .................... _...___...22 TABIF. 111-7— Cost Baden T.N, 19 WlO... ............. ... .. ....._.... __. _23 TABL1i111-B. Canpatbon OlHauingcowfloons,1990 __. ...._. .............24 rABLE Ill-9- I;amclGmup Hoene, .............. _.__ .._..__ .................25 TABLE 1]I-10 - Mobae 11ome11wr.riowl vehicle Party _......... ........._.._. ............... M TABLE 111- It - HistoricAnd Arenarolopol Shcs......._.._..................................... ................ ..... .................. —27 TABLE 111-12- Housing Cautsaton Activity, 1990.2060 ............ ........... ._......28 TABLE Ill. 13: Population Pnrycmions, 1995-20N ....... ............._. ___....M TABIF: 111-14 - Prgsuhtuas By Age.200D-2020............................................................ .... .... ........ ............ ....... .. _30 TABLE III-15- Household Cnnposinon, 2000=O ........ ........... .31 TABLE III-16- IlousehoW loctmu,1990............................... .... .... ....... m TABLE III- 17— I louseh rlds BY Ilanchold Lases & Teas, 2000.2020.............. ... _....._........_.....-.......-32 TABLE III- III - Projected DcrmaM AM Need For Household, By Tenure- .......... ...... ..................._._......_..33 TABLE 111- 19 - Pmjmed Deratd AM Need For Homing By Budding Type......... 33 TABLE Ill-20.-Deraand And Need Of Affordable Housing Unit¢, 2005—2020......._.. M TABLE ILL- 21 - Projected Demand For Henault By The Filed, (65+) .............. ___-u TABLE III-= Vaunt lzM \alp ..._.... .... . . ............ __...... . ............. 35 CHAPTER III HOUSING ELEMENT A. INTRODUCTION One of society's most basic needs u shelter. The quality of life i. a community is affected by the ability of the community to peeserve the eluting homing stock, and to accomrrsod2m future housing needs. I, is rusts, o... n consider where new residential uea, are located, for this decision will drive the bcation of public facilities (.Dads, utilities, party and schools). 1. Purpos, ofthe Ekment The purpose of this Homing Element u to assess the housing conditions of the City of Edgewater, in deteeenine what needs to be done to off. adequate housing to its residents and to establish steps for achieving the desucd goal. This study provides a detailed invcnn.y and ...lysu of the causing housing stock, .n us - depth analysis of the existing housing conditions, the delivery of housing, and the fueme needs of the community, and sets unpkmeneaton policies designed to provide for the protection of esrabbshed neighborhoods and the efficient delivery of housing in rarer projected needs. This Element is also intended to provide City officials and the genets public with the Infomssdon necessary to guide housing growth in the direction that best addresses the desires of not only Edgrwaer's existing and anticipated residents, bu, those with special housing needs as well. 2. Gmwth Trends The City has demonstrated a consistent word of signiluant growth since 1965, Almost 1,300 uraulcrim were added between the 1960 and 1970 cemm counts, reflecting a 63 % increase The City grew by 871 residents he... 1970-1975, . 26 %Wise. By 1980, there were 6,726 residents in Edgewates. The Wes change between 1975 aM 1980 was 2,507 a an impassive scary (60) %. By 19N, the community had 2.6 a o of Voluria County'¢ resident population, composed to 1." %in 19W and 1.98 %in 1970, Edgewater s we of growth in RUa.G 1 oeleaaet 1 I • (wer 78% of the ncupied units in Edgewater were occupied by owners in 1990, compared in 72%in the County. • Thr vacancy as in the City was lower than in the County in 1990. • The housing stork is very young wish almm, 81° o builr since 1970. • Home prices in 19% were about 10° o lower in the City than in the County, while rents are higher in the City. • In 1990, 27%of homeowners were paying over 30v/n of it,. income for housing, while 36 % of testers were paying over 30°/n of them incomes for sent. • Housing canditions in the City are race8eoq with very kaw %wges of mils -standard housing or ovexsowdhing. • Cery few housing assurance programs are being used in the Ciry. • There as<several archaeological eras m the Ciq. The following Section will forecast housing needs based on population projectfom, and address land requvements, expected housing supply and the syarem of housing delivery. The population projections were derived from svo sources. The Florida legislature established a uniform methodology and data source foe the housing element. The Shimberg Center at the Urdvessfry of Florida assured the Deparuvens of Community Affairs in preparing she affordable housing need, assessment mrdirsdology. The Center used 1995 as the base year and developed projections for the years 2000, 2005, and 2010. The base year fig.. for she City and the County, as well as projections for the County (1995-2010) an a obtained frmn ,he Bureau of Economic and Business Research (BEER). The City has also prepared population projections to the year 2020 (see Table 111- 13), ashd have adjusted the Shimberg figment accordingly. The kneorrbU?-rbanfortress, was selected as a projection rnethod, because it most closely corresponds to expcctanom regarding funuc growth in Edgewater. It aasumcs this Edgewater s population will ... a1 a constant rate relative to 5'olusia Counq's population and that the City's relative growth rate will dimirtish over more Thu method projects this, she City will add approximately 15,616 residents (an 82 %increase) between 2000 anal 2020, consistent with anticipated economic growth in she County and region. It assumes an average growth race of approximately 3M % per year, ompared to a historic ram of 5.85 % between 1960 and 2000. The bneurrbifi-than, 2020 population forecast allows for acceptable growth given the amount of already approved development and future land use droaq of vacant raidenrial land in she City. Table Ill- 13 shows the recommended population foxerast for the City of Edgewater, Forecasts developed by the Shimberg Center for Affordable Housing as inchded for comparison purposes. Please refer to,hc Furore Land Use Element for aM..l population information Household Chavacterf•tics 1. order to adequately plan Ern furore housing demand and City service nerds, population and housing projections have been developed The following Section wID address expected changes in household age, size, and income, as these factors u-01 influence the type and size of housing that wdl be needed. a. Household As, and Sfre Table 111- 14 shows projections of households by age on the year 20j0. I, shows dear `sawea:: in 1990, ,he elderly population (65+) in Edgewater comprised twenty-five (25) % of ,hose 15 and older, or twenty (20) % of the tonal population. In ,he County, she eldcdy population represented a little more than twenm-seven (27)d ,hose IS and older in 1990. The %aged 6--- in Edgewater itexpeced to decreas�..:e to . a: ,.,.n o•NOaa:.Rx � " " (Lja by 2020, while he projections for Pohmia County ahmv that the elderly rsarr:: population is eapecred to remain at twenty-seven (27) %. TMse figures show [hat the need for housing for the elderly in Edgewter will not be mom pressing rhan it is ' 1 1 ptivsa; me as the present nna. --_ Calculating future household use figures u useful to determine the number, sire and type of housing unity her will be needed by the City c aidsnrs. Table 111- 15 shows ,he household composition in she City of Edgeovame as reported by the 1990 Cenus, and also shows projections prepared by F,,hkmd and \s,. ura. In.. Ito estireared mNseea: +k saeas•ac.a:..a that the numher of households m the City will grow Eom 6,053 N 1990 [o J4_-13 in nmamu xay.w = It as estimated that the ratio of owner C/8%) and renan (22%) will remain mYte4 v.vs cos'.., oalm+mio Household size in Ealgewater in 1990 was dominated by two pscaous per household. The I i,l,kl.,d aid 1ntprojections rho ,the household i u rrnnpu�ition nYae+eme..a r..,.. ro, — decision, ai 2 34 b, 10'n. Table IH- 15 shows that is is e.pecmd he, the single "ate w H—sa household category will Moe a slight dectiase, while larger I emilies ismno, in size I Dasessm •+.� wa a•=a•• it.. 3 to 5 persons per household) all become slightly mom prevalent `•^°"m` "" "" J s�`� Is. Household �.cp Household income projections will be a kry factor in determining the types of housing the future population will be able m afford. Table III- 16 shows a City and County comparison of household income by income range, based on the ranges used by the Snts and Federal goverrm+ent housing assistance programs. The median household income in the City in 1989 wss $25,053, while in the County was $24,818. In 1990, approximately sixty -throe (63) % of the City households were within the moderate to high income categories combined. Them were a Erik uses a thousand (1,000) households, or eighteen (19) s/o, within tech of the mher two ousp its (very low and low). These figures are generally consistent with the County figures. Table III 17 shows the projections of householdby imome and ¢nose, prepared by the Shimberg Cemar for Affordable Housing. The figures show that the distribution of households by income is «petted in remain consent over, the neat 10-years, and that by 2019'i� Them will be 3,385J (, '1g owners and; , 3242 reran. Projected Housing Needs Housing need projections are based on population projections. According to population pmjections prepared for the Cry, the City population u exported to unceuc to 26,398 residents by 20I0, and 34,481 by 2020. The Shimberg Center for Affordable Housing prepares projection of housing needs by tenure, type and cost to the year 2010�d_I isLkl nil a,,,I ,% �h ,yya:e s<la� Ma�sd_Mt rasa faame n=_02-1 Table III- 13 shows a comparison of City and Shimbesg population projection. Since population projection is one of the variables Char can be adjusted ou the Shimberg aff«dable housing tables, the City has chosen ro adjust the figures ro use their own projection.. According to the Shimberg Center for Affordable Housing, them wise 6,779 households in 1995 in the City of Edge ,.e It is estimated that them will be 9,,W 1 ,households by the yeas 28102Ll. Therefore, by 2WN _0'0, their will be a demand foe approximately 3j2Z-')56 additional dwellarng units: 3,,926", i( single- family and 3641Oni usutti-family: 3,488r+ I91n6. imas for m.hip and 6IB},�1 for rent (sae Table 111 18 and Table III 19). These haunts were cdculamd by the Shimberg Center by comparing projections of housing units and projections of households by income. Table III- 18 shows the projected demand and need fm households by tenure, and Table 111- 19 shows the projected demand and need for housing by building type. 'I -able II I-'_fl show, the surplus and deficit of affordable housing coin expected in the next may year. Is ran be observed that homeowner in the lover income groups will enpeeienre the greater, deficit for affordable housing. Affordable resin are those with a out lower than 3016 of the household'. grass income. Thu standard is used by the Seam and the Federal Ccri, ens for determining gram/assistance eligibility. Table 111- 7 ban the number of households expand to be paying more than ] /o of their income for housing in the next ten year. These calculations are based on ascent a.da. b. Housing for Special Pony l" Table III-22shows the projected demand of housing for the e/Mfy by manner, Shemberg estimates that he. will be a need foe 2,357 usun for the elderly. This figure indicans the need for remain types of dwelling units to be small, harrier Bee and scceasible. Little dam exists wth respect to the dirobkd population. The housing problems of this populatm relate largely to aarawbiliry. Physical barrier such as smseow doorways, lack of ramps, counter heights, and appliance design Brut the supply of housing suitable fox this group. The housing and building codes of Edgewater curendy address Sum mquversmts for handicap accessibility. The need and farm se tylar population in she City of Edgewanm meounn for only two (2) %of those employed, and less than ease (1) %of the rival population of the City. Therefore, their homing needs ire not expected to impact the housing merket. Them are no specific areas in the City of Edgewater targeted for the provision of homing for the mg iota, bw, axd andruh income households. Federal programs that offer, renal subsidy, such as Section B, aduw the applicant in choose the location of the home. The City has a variety of zoning categories that allow for different types of hosing and densities, including the provision of mobile homes. Based on be fact that she Waage of she elderly population u projated by the Shimbeeg C tce to msnaies comtam in the next few years, it can be assumed dmt them sib not be .mad for additional group home facilities for she elderly. However, should any taw facilities open, they should be small male if possible and should be lncamd within tesidenual or mined -um mess in close proximity to bus routes, neighborhood shopping areas, and other essential persons[ service uses. The facilities should have a residential ebmactu as opposed to an instiom ..I look and scale. Location guidelines are the same for group homy for the disabled d. Dwelling Unit Demoktiuns and Conversions The ma,.ty of the housing stock N Edgescams is relatively new. Therefore, eat many demolitions/removals am expected in the next ( yeas. Similarly, the City does not expect conversions from one we to anothes. 3. Land Requirements said Availability for Pmjecmd Housing Needs Based on she figures provided by she Shbnberg Center for Affordable Housing, a total of �I ,xa dwelling unite will be needed by 3ml 20201, in serve the 4, J:,=,h,_ households projected to live in the City. Of the i9;6931 iW'li muss, 9,,4tWj3�h5 will need in be single Emily sod 973.1� multi -family. Based on the estimated 7,366 dwelling units available in 1995, an additional ! dwelling units will need to be built between 1995 srd �ni�yv�. i1("2Ns�_'9 single -firmly and 3Bj lj multi-fatNW). �HF31) a. JOY�1� Much of the single-F dy zoned land is concentmed in the R-2 district. This district is oriented toward moderate size snits with a minimum lot size of 10,000 square feet. Thu case is found punctually in the Florida Shows subdivision, which was uwagy platted in the 19W,Y Thus subdivision will play a daouunt role in the future residential development of the City. It is roughly seventy f7flpyj1 % dwdoped, and therefore, infill development could heroine a major residential issue in the fumes. However, the issue of infdl drve opment is different in the case of Florida Shows in that w ny lots have been sold to households from other Sections of the country who may be retiong in the new future. The traditional type of isM tansistod of individual lots or crm0 thrillers of loss that remained vacant due m odd shapes, poor access, coamehip probkms, changes in acting and subdivwon regulations requirements, conflicts with surrounding land uses, or land damage by some pre -urban use (such as land fill sites, dumping awes, wesel ing yards, sec.). Florida Shores is the second largest subdivision in Volusia County, and comprises a major portion of the western, cented, and southwest wen of Edgewater. It extends form 12th Suecr on the north in 36e Street and the corporate Emits on the south, and From Banyan Teee Drive, one block went of U.S. 1 to the tact, to Silver Palm Drive on the wear. aaa.u.msuaeuaeun ra.naMh waxMmgi b. hfulti-Family Thew are about 7331k; developable acres in the medium and high -density land use categories. The mixed -use land use category will also allow, the development of mdti-body. The anaxunum density allowed within the High Density and Nfewd- Use categories is Twelve (12) dwelling units per sere lie e e , Ile G I rayless an Table 111-21 shows a potential for i. 6 L `S: dwelling arils to be camtmcted within she medium and high -density districts, no, including ustits that could be built within the hbxed- Use duMcn. c. During the eighties those was a trend in shift away from mobile hose development s a hosing choice, nnybe beeause of the fact that much of the armed land foe this type of vaidential use had been developed in Edgewater. However, during the swrcties, there was an interior in mobile hose development, mainly due in the development of Fdgewatos Landings as manufactured hosing. The Medium Density liesidened category allows the development of dupex, villa, cluarcr, townhouse, mobile hone, manufactured and multi -family horsing at densities between five (5) and eight (8) units per sum. Based an the availability of mobile homes within developed subdivisions and pub, the City does not anticipate the seed to create additional zomag districts for mobile halm pinks. Thc figures prepared by the City and the Sh bag Center indicate has sofficirm cot residential land exists co acrournodate Edgewater's anticipated future residential growth for elm next W.9 years. Based an type of development, them same m be an adequate balance of land use categories m accommodate single- family, mufti -funny and mobile homes units. 4. The Handing Delivery Process While the City of Edgews. can ratmute future housing needs, it ca ram nee a majoa rok in supplying housing. Then aspect is controlled for the most put by the private mature. Thc City an only assist in the delivery of housing by developing Bedble regulations, providing appropriate land use desigrntiom and zoning categories, and by planning infrastructure facdities and services that sre adequate to serve future development. The peace sector is currently meeting the needs of the community in semis of providing much of the carded hosing The home prices to Edgewater are substantially below the avenge of new homing costs in many Florida hosing mukca. Thc vacancy rot in Edgewuea was less than den (10) % in 1995, which indicates that the housing supply is deq... a. F6188510g Financing fur housing has ban extremely good in the pass f years. Mortgage interest rates reached 6.5 %, the lowest level in the last decade. The an, however, arc scanting to go up again The City may red to consider requiring developers to provide a certain %age of affordable units within their developments as a rcquhement for development approvals. .M aluminum to the requitement could also be a cotdbntion to an affordable housing find has can be used line housusg/rennl assistance in lower racome households. The City should also look into the programs offered through the County for capital improvements, mhabilm. or down payment/rcnad assistance, sad make those programs available in City residents. The process of housing deveopmens includes several players, including Vote.. official in raulaipic jurisdictions, design consultants. Lenders, contractors, attorneys and the buyer or ounces. The process, which at times can be Lengthy, can add unnecessary costs m she development of housing. Many ingredknes of hosing 9 E ƒ ! \ � � ,, ■ \ | \ s\{=;:■§ ■ /��r,! � ~9 £:■ | Tf F if \ \'■§ !.(w■\!k -J|? �\/` �\ N \ § f A p q pppf w B� w 5i�• p S . R I 7 QQ z Z S Z E ry rp J � U a Z n�� v^^.� ^ •r^^. n�0. 0.� I ,.'. ry w w w, w w w w•� i w w o w xxxxxx;xx',xxxxx Sys t U I `Q�Q' ATV. �p •Q � .Q. r". L CITY OF EDGEWATER COMPREHENSIVE PLAN HOUSING ELEMENT Table III-13: Poguladon Projc d.., 1995-�I120 % I 15,337 15,317 1995 17,484 1$865 26,398 26j98- 140 1 ],484 14.0 151 la.f 11.9 TOW 21.T 1. TQI81 X105 2010 15.5 i 25,A6 Sourer. (:ity of tAW�Planning IXlmnm r; Shm bLn (:rnw fr:SIToabNc li(m ing, IX:.\, ve�xkm 3.0, 3/M/98 Repared by. Lao Deny. Inn.mm, Inc. M .2§§.1 \ 3§/L ;-4,ifl § .J2§]Gj4] � | ) 6 IY E �I Lol 101 ( \ ! � � ! \fff222 ! ! }Ea:� 1\zna] \q 15] wegwv j]]]ƒ §m]j\ 3j)\ � ❑i p i CITY OF EDGEWATER COMPREHENSIVE PLAN HOUSING ELEMENT Table 11I-20 Dc \nd md N=d o(Afford,ble Housin� Unirs 2005-202U mmhC' tom ! I a.w.rcr IN Table III- 21 - PrMemd Demand for Housing ft The alrm t 6ldede f65+1 —"Vepe°an 1 1 r.wr+nn rro�:�aa.ay 7 W rer6.6rNn anl0er I W rL d fW r11 hld Nmrcr llm..hdd INIg Ib(t tYG§ IN) 2 22 � 1>A _3G 19) 2L Toml 2.ou ZJ%fl 2.ssT - JyiC JS nr.: Shimbesg Cemer f Aff..bblc Housing, DCA, vcnion 30, 3/29/98I,diklyd and 1•uK van. Inc Prepared by: l ahk nd onJ wa �. I x Ill-34 t1 orlrueu.a u.•4m:.a� --, mam�P> wggyw; ] w 3 0 w O r u CITY OF EDGEWATER COMPREHENSIVE PLAN HOUSING ELEMENT Policy L3.2 The City shall make available the vacant land databate and coup to developers ant/or builders interested in providing affordable housing. Objective L/: Hieroric Rvve.&zz The City of Edgewater shall sdve to preserve eoucnues that have historic, archeological or cultural ngubcance. Policy 1.1.1: By 2002, the City shall conduct a survey of historically significant atsucmres. Policy 1.1.2: 'l'hr City shag solicit the sssppoat of the Seuetary of Sense, Division of Historic Perservarion, and historic presetvatirn societies intend in Edgewater and Volusu County to obtain assistance in conducting a survey of historic armcmrea. Potiry 1.1.3: By 2W2, the City shall adopt regulations in the Land Developroew Code to powers hismric structures that are identified during the survey process. Policy 1.4./: The City shall assist in the «habilitation poorest and adsprive rcuar, where necessary of historically significant homing through technical assumcce progeuns. Policy L4.5: The Gry shall .,is, propeety awmrs of historically signuicant housing u applying for and utilizing State and federal assonance programs and for mcluuon In the National Regueer. GOAL 2: To ensure an adequate supply of a wide range of housing types at various levels of affordability m accommodate the needs of the residents of the Gry of Fdgewamr. Objective 2.1: Adegevm Hominy. Assist the private sector to provide 3-,W:w additional dwelkng units ofvariom types, vess and matt by 2402L]]20, Policy 2.L1: The City shall provide technical support to the private sector to assist in mainmining a housig production capacity Irvel tufficient to meet the demand. Technical support technics, but is not lunited to, assistance wish meting the development review rcqurc .% of the City and of other regulatory bodies, referral m appmpriare agencies for informarion and assistance to meeting infmstrotore standards and requsensents imposed by the City, and provision of data regarding housing needs and conditions. Potiry 2.1.2: The City shall designate in the Future Land Use Map adequate amounts of lard no accottmsodate the projected housing growth. Potiry 2.1.3: By 2005, the City shall review budding codes, zoning ordinances and land subdivision regulations to derceum if there tie excessive requirements III-38 COMPREHENSIVE PLAN POPULATION PROJECTIONS EFFECTIVE JUNE 16, 2003 CRY OF EDGEWATER COMPREHENSPIE PLAN POPUTAIION PROJECTIONS TABLE OF CONTENTS Hiatotie Population Tnuula t9604990..... _........... _....... .......... _.... ... ..... ... _................. _.._..... ................ ..I Recent Population Trends 1990-2000....... ... ... _............ ...... _.............. _._......... _.................. __.............. 2 ProjectedPaPulation................... _..... ............... __....... _........... ._.__.._.... ... _...... _............................. _.3 Semarang] Population - Estimates and Ptojecriaa........................................ Populationby Age and Income .............. _........... _.... _........... .... ..... ...... ........ ................................... 3.w Recommended Population Forecast................... _.._............... __...... _... _.._.. ..... _-.._........................... 34M P- i CITY OF EDGEWATER OOMPREHENS049 PLAN POPULATION PROJECTIONS LIST OF TABLES Table P-1. City of Edrmw and Volusia County Hisnotic Population Gmarth .... ........ ..... ... ........... 2 Table P-2. EvahastionofAlumnati"Foixasts ...... . ... . .... . ................... . ............ . ....... ...... .......... .... 6 141 -10 Table P-43. City of Edgem stet Building Peonies ... ............. ..... ............. . ......... .. . . ... .......... . ..... Table P-44. Seasonal Housing Units by Type of Unit .............. .... . ................... .............. . ............ . ....... 11 Table P-61 Sessional Population Projections ........ . ........ ..... . ........ .. . ..... ............. . . ............. 1342 Table P.;O. Population Projections By Age._.._....._.......................................................... . ................ 1414 Table P-M?. Household Incomme by Tentme ... . ................... . ........... ...... ........................ . ........ . ........... 1143 Table P-911. Recommended Population Fomesuat ............... ............................. .................. ................. 1w LIST OF FIGURES Figure P-1. Hiswric Population Tmd Fosansw .......... L .............................. ............................................... 7 Figure P-2. Shift -Shave Forecasts .................... . ................. ... . ....... . ............................................................ 8 P- 6 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROJECTIONS The City has expeoenud an wasp saws grwth rate of 5.85 percent betw«n 1960 and 2000. The pemnir P•tban fitrmq at 5.05 percent, produces as avenge arum, growth cam that most dosely tehun to whit has occurred in the put. The 4vrvtrtit 6imlan phpsbA o trend fwssd, at 7.73 present, is the only forecast with an avenge annual growth me that exceeds the past trends over the last 40-years. AB of the other forests assume that the City wil grow a a slows[ relative are than m the past, varying from 207 to 4.290/& Bated upon the amaont of vsa t rendmavl land within and auotmdmg the City, it is unlikely that Bdgewatet will experience an enntal growth am xa low at 2.07 %aver the next 20-yeam, which nmdm the AsnrbiiAa*fi NA;tb, fmtdfNeu+7 na festble. Gross Aaidetstial Density The existing post midential denary within the City of Edgevnmt is approximately 7.66 parsons per acre based on 2000 population estimate, and the amount of exstig developable taidential land, 2,461.8 eats, witbm the City. Given historical public preference tends fen lower-denai y suburban coma utitin and assuming that the City will not plan for significantly highs residential densities in the future, this represents an upper thrmhold or ailing fen fumm population. Table P-2 Indiana the projected gross residential density under each of the six (6) fommst sansaos. Ali of the forecasts, ranging from 8.42 persons per square mile wing the 6sewf nnn to 23.48 persona per acre using the&wsahirfitam, steed the easdtg upper Baia Tbese projectios, assume that the City s new residential development would need to be built at much highs gross residential denatn dun in the past Clearly, these are unseasonable assumptions regarding futum density. Howaa, these assumptions do not account fen any 6uum annexation of residential bads and assume that only 841.9 developable area within the existing city boundaries will be convened am additional residential lands, based on the existing and future land use tables. Tr K,f RB. Laeatwu, caw. FU "Rkt4 ENu Aweea,t: Ape war 4ma. ha"M^R FrtdUte Amer RmrI I.. WN Ghat Ion. Fl.rw, 4-1-1 t+W.iJN rsdll hkd"san lse.su Rewknad JiaiX asxun I ' N,.,.n K.ra lu4lm T.ral Ate..ririne e Building Permits As shown in Table P-dl, the ouaber of teadentid budding permits issued annually between 1991 and 2000 varied ftom 101 to 205 permits. P 10 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROJECTIONS TABLE P-43. CITY OF EDGEWATER BUILDING PERMITS Type I 1990 I 1991 1992 1993 1994 R-9-9s7 1996 1997 1998 1"9 2000 S1tR 135 94 104 87 119 82 69 78 112 187 161 D len 10 2 4 15 6 0 4 0 2 2 2 MP 0 0 0 0 0 0 0 0 0 0 0 MH 60 44 34 43 46 49 28 24 6 12 8 Tool 205 140 142 145 171 1 131 1 101 102 12D 201 171 PPH j 234 234 234 234 Z34 1 234 1 2.34 234 134 234 234 Pessom 1 480 328 332 1 339 1 400 1 307 1 236 239 281 470 400 Nato Tlw yen WOOD etata is w4y I..o oeembn. The total numbet of new residents rhu would be mucipaced each year by each cr mpolatim is identified In Table P-2 as the avenge annual change The average annual clangs varies from 448 In, the Game &nark ppa6rtva bead jinumml to 2,935 fat the #w W, NAsfr ppabnsa band J6nwad. The 6'nnr 6fdm& pepvlaalea mwd fm w a the closest m the baton building puma, trends, but a a little low for 1999. SEASONAL POPULATION - ESTIMATES AND PROJECTIONS Seasonal population connate of housing noire held fat omvpsocy only during beamed portions of the year, such as wmm residents, and time -sham modonmeiums. Anticipating this coaepou n of pop lstion is apeca0y impotmnt for infnemeeme Plmmn& The 1J3 Census tabulates seasonal housing u n, undet'tiannt housing fat seasonal, ant noosl, of occasional uW*. The Ceoam mdimm that ,ben ins an in¢ease in seasonal sense for the City of Edgewate, between 1980 and 1990 from 198 to 345 total seasonal units. The seasonal omta acme,, for 5%of the Citfs total housing stock. Seasonal Homing by Type 1990 A high pescentage of the mobile home in the City continue to inaction ss seasonal housing. Table P-: 4 indium the seasonal housing unite by housing type. As an be seen m the table, nearly 13.5%of the mobile, bomq in the City arc seasonal none. TABLE P-64. SEASONAL HOUSING UNITS BY TYPE OF UNIT T7pedHoeewee ToW HewiaS Udn Seasonal, Accandooal sad pumsae bWodmr Udn selia satly Sj50 269 t.8% 041tudaarbrd mi Mdb ♦ min 1 5.1% Mdie Llama 621 84 m5% ma6ie leomew ' P-11 CITY OF EDGEWATER COMPREHENSIVE PLAN P0PLILAT10N PROJECTIONS TABLE P-0. SEASONAL POPULATION PROJECTIONS SeawW*ToWdDU %ToldDU PPH vw.T Rate SesmmalDU pa ulation 3455% 134 Qm 751 2000 4165% 234 OX 905 ZOOS 4755% 234 0.07 1034 20H 535 5% 2.34 0.07 164 ft80 t. �i tL07 1. A ffi P. , U 0.03 l.ISS This is a modest number of seasonal residua,, ahppordng the concept that EdFinat¢ is a year-round live-in wmmmtity. The 2000 seasonal estimate of 905 my even be too high, doe m the fact that the 2.34 household size figure w used. Genctagy, um y seasonal residents see mdred households having no chddma Typiolly, these household+nnge in site from 1.5 to 70 Famous. No other seasonal population could te.sombly be anticipated foa Edgewater, anus the City Licks a mgiond revntion 6aaily such as a beach, park, anuvohhmt atttscdon ceatet, or a significant number of hotel motel roams, orboatding homes and transient apartment units POPULATION BY ACE AND INCOME The City', population by age was projected to the yeas 2010 using the Shbnberg Center for Affordable Houaing's nushodology. Table P-�4 inditavr that nearly 41% of the 2000 population falls between the ago of 25 and 54 years of age, with over 14% of population in the 35 to 44 age group. The City should anticipate that by the yest AN Al.'.V. the bulk of this Stoup will exceed 55 Yeats in age. The efote, fadlidet for this age group will beeome an itsu in the future Projection, were also calculated for household moms by tenure, as shown in Table P-Ni, Cuttently, the majomy of the City's owner -occupied housing fills within the middle m high -income tsnge, at ovo 44%. The caveat tenter occupied booing has mom households that fell within the modetate.iocome wage. Both trends far owner -occupied and renter occupied housing ate anticipated to continue into the future at relatively the some peteemages according to the Shimberg dam made. For additional information about age and income please tefer to the Housing Element P-13 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROJECTIONS TABLE P-M. POPULATION PROJECTIONS BY AGE .om am �01 smommmmorymwa ®�.I Source: Sbuvbo C.w for Affordabk Honey, DCA.v rim 3A 3/29/98(DnbwI/PAG&SUM). 1,6Uul.uW Ter 1., ".d byl llshko ale! � wne.lo.. TABLE P-87, HOUSEHOLD INCOME BY TENURE OWNERS EENTWU Law= m 74➢5 an I am I zon awl aml 2ml 2ml 7A7A' LAIL 1-:y l In! Uix '-II I'd lii w SIH i[i 4a 121 LAO 1.. 1.2w I.N-+ Liu 51tl1 11rl. M 1�nluau I.LS! ISitl 1.7y ; ;;, ;�_ 1•L4 L (1a us Middl,lu ' ti SS(i1! LL:J f.F!I.1 i.W31 iZl S.L' SS71dw T W 4.414 ftSSt! i.2Bi R.4'11 1= LULL 1.44E > I5 .L'�Z $NNLL:C:.5hiudnck!sme( hu Ultiul diU liw out. lii. 1._rc3wm.3�i1 1['J' !'M@ @,•um 11V \c3N .1 �111.1 ixhku. ul.nud Immum" lj ( PtT3tari2hxs I!sLkind and 10-tnulNa. htv oM1Pa" allowlam twwMM+yar. 'smi ma 7Y Awl aM I91M 19K 39M 79Yi pK \f�� 1••. +n� •Y.� liul I}\i Ilva vaN 1+: ra\ ny P-14 CITY OF EDGEWATER COMPREHENSIVE PUN POPULATION PROJECTIONS Fsxren�rn \H..�A+Mr 1MnnwF-I+�-.1e.e..rn a.ni.v�m eF�.n�..i-:k:a.+l-+N P . 15 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROJECTIONS RECOMMENDED POPULATION FORECAST The Nnenr +rift -Ann fatnwe most closely corresponds to expectations regarding future growth in Edgewater. It mums that Edgewater's population will increase at a consmns one relative to Vdnela County's population and that the City's relative growth rare win Aminiah over time. Tbla method projects; that the City will add approxiuutdy 15,616 rerideuts (an 82Ys inauuse) between . 2000 and 202A consistent with anticipated economic growth in the County and region. It assumes an avenge growth rate of apptoxlmately 3.23% per year, compared m a historic ram of 5,95% between 1960 and 2000. The darn XV-jhws 2020 population Inerrant allows foe acceptable growth given the amount of already approved development and future Wd use density of vacant ru idential land in the City. The iwrar rbflv6aa has a good CRV (0.85) evaluation statistic in comparison to she other forecasts. It also by a relatively good MAPS (10.06) evaluation statis& it did not have the beet evaluation statistics in comparison to the other forecssm, but if did not have statistics outside of a reasonable range either. Table P-9 shows the recommended 20M population format for the City of Edgewater, along with Interacts for 2005, 2010 and 2015. Forecasts developed by the Shimberg Center fro Affordable Housing are included for comparison purposes. It should be noted that the population extrapolation methods used in this repent ace optimized The 10 In 20-yeat 6omom. As a result, forecasts within the we (1) to 10 yeas timefmme ate often inaccurate One reason for this inaccuracy a the fact the must recent hhmric year included m the fomcaat calculation is 1"5. lncoeporathtg twee mccat historic dam into the forecast (Le 1996, 1"7 and t"gi would better capture recent meads and provide more, accurate short-term forecasts. Unfortunately, the extrapolation methods require that historic dam be provided in five (5) year increments, rendering odd year dam unusable TABLE P-S. RECOMMENDED POPULATION FORECAST Year Recommended Shimbe% Forecast Cesar Forecast 2005 AM 23,037 2010 26,398 25,776 2015 30,262 N/A 2020 34,481 N/A To develop the recommended 2005 Amersat identified in Table P-9, a straight line interpolation between the 2000 catimate and - e " 41;Ii forecast was performed. Population projections for yeas more recent than 2005 should not be performed using extrapolation technique. Rstherq they should be developed with consideration given to pending and anticipated development activity. the population forecasts in this report were evahrted under the assumption that the amount and future land use density of vacant residential land would remain constant. The City has annexed a substantial amount of land from Volusia County into the City in the past The City will likely continue to do so in the future to provide continuity and efficiency of services to residents of that P-16 COMPREHENSIVE PLAN CONSERVATION ELEMENT EFFECTIVE OCTOBER 2009 CITY OF EDGEWATER COMPREHENSIVE PLAN CONSERVATION ELEMENT According to FDEP, there are 10-point sources of pollution in Edgewater and one (1) am source. Table VI- 4 provides an inventory of each active point mid area air pollution source in Edgewater. Each of these sites is monitored and permitted by FDEP. Ambient air quality is also monitored by FDEP and according to FDEP staff, there are no ambient air quality monitoring stations near the City of Edgewater. The closest monitoring stations are located in Daymma Beach, which is too far away to measure ambient air quality in Edgewater. The Gry is also located in an attainment area, which means dust the am around Edgewater has met state standards for air quality. This generally good air quality is most likely due to the absence of heavy industry and ocean breezes which occur in the Edgewater area. Aummob0e exhaust can be a localized problem if there is traffic congestion, however, so it is important that transportation levels of service be adopted and implemented in the Transportation Element. 9. Water Use The source of water supply for the Edgewater potable water system is 10deep wells, which rap the Floridan aquifer. The locations of these wells are illustrated in the Potable Water Sub- Oement. Two (2) distinct we0fields are used to provide potable water for the Gry. The Alan R. Thomas wellfield contains six (6) wells while the western wellfield contains another four (4) wells. The City's potable water supply system is discussed in detail in the Potable Water, Sub - Flement. Please refer to this element for water use projections and a discussion of water available to meet the demand. Improvements to the Gry's water plant have resulted in the production of a high quality treated water which meets all regulatory requirements. In addition, the Potable Water Subrlemcx t determined that the we0fields serving the City of Edgewater have adequate capacity to meet demands during the planning period. However, based on population projections, the City's water treatment capacity may be exceeded sometime between 2019-and 2015 and 200 ba fairly insignificant amount. During the planning period. the Ciry and County will closely demand trends indicate the probable need fm additional treatment capacity. there will be ' ademate time for the Ciry and County to iointh, determine the most cost effective means of The Gry of Edgewater has implemented a water conservation ordinance program. Additionally, the SJRWMD, under Section 373.246, FS., has developed a District Water Management Plan for the more District, which encompasses the Gry• of Edgewater. This plan's purpose is to assure the availability of an adequate supply of water for all competing uses deemed reasonable and beneficial and shall maintain the functions of natural systems and the overall present level of surface and groundwater quality. The plan is also intended to improve and resture the quality of waters not presently meeting water quality standards. Revision 3-06 V1-14 EpGE"'ATER COMPREHENSIVE PLAN UTILITIES ELEMENT POTABLE WATER SUB -ELEMENT EFFECTIVE OCTOBER 2009 CITY OF EDGEWATER COMPREHENSIVE PLAN UTILITIES ELEMENT G. FUTURE NEEDS 1. Future Demand The potential growth within the City during the planning period is projected to increase the City's population from the current 18,900 to approximately 34,500. This population increase of 15,600, at a potable water system level of service of 204 gallons per equivalent residential unit (ERU) per day, equates to an additional demand of approximately 1.56 MOD. In addition, in the area of Volusia County identified by Volusia County and Edgewater as planned to be served by Edgewater's water system, a population increase of approximately 22,000 is projected during the planning period. At a water system level of service of 204 gallons per ERU per day, this equates to an additional demand of approximately 2.2 MOD. The total projected population increase within the City's service area during the planning period is thus 37,600, which equates to a total increase in potable water demand of 3.76 MOD. That increase in demand, added to the current demand of 1.86 MOD will equal a total demand on Edgewater's water system of approximately 5.62 MOD. The projected future demand exceeds Edgewater's current water treatment plant capacity of 5.0 MOD by 0.62 MDG, or 12%. At the projected rate of population growth, the current 5.0 MGD treatment capacity of Edgewater's facilities would not be exceeded until sometime between 2015 and 2020. In the fifteen year period between the date of this report and 2015, the City of Edgewater and Volusia County will monitor growth patterns to determine whether they are following projections in this report. If they we, no additional water system supply or treatment improvrn nts are anticipated until at least 2015. If not, the City of Edgewater and Volusia County will identify the most efficient method of improving supply and treatment levels to meet demand, and will have adequate time to plan and implement those changes. The City will continue to encourage water carservation, and will expand its reclaimed water system into new areas as development occurs and the reclaimed water supply allows. The County will make reclaimed water from its new wastewater treatment plant available to some of the county planned to be served by Edgewater's water system. With efforts such as these, it is possible that the total demand for potable water within Edgewater's smite area may be kept within the current supply and treatment capacity of the City's facilities. A summary of the projected service area water demand is contained in the City's Water Supply Facilities Work Plan. 2. Needed Water Supply Improvements The projected year 2020 average daily demand is 5.62 MOD. The combine theoretical production capacity of all ten of the existing wells is 5.76 MOD. However, simultaneous full withdrawal from all ten wells is not feasible due to water quality and system hydraulics restrictions. saidies that ndisate that with the add i an ef m a men wells, Bdge�ef's waief supply N-9 CITY OF EDGEWATER COMPREHENSIVE PLAN UTILITIES ELEMENT . The City's current fnn yield. capacity with the largest well out of service is 4.1 MGD Four (4) new Its 0I7-20 are under conalmctim Wells24 will be conswcted with Restoraton D.R.I. within the planning oenod Upon completion of all wells authorized for convection under the current Consumptive Uv frontpermit the will he 7.85 MGD sufficient to meet the demand through 2020 The City will continue to monitor water quality as required, and will closely monitor development activity to ensure that surface activity is not allowed which might adversely affect the underground water supply. The wells will be routinely monitored for pump efficiency, and repairs will be made as required to keep all pumps and related equipment in peak operational condition. 3. Needed Water Treatment Improvements The Alan R. Thoma Water Treatment Plant has a rated capacity of Five (5) MGD Curren) Demand is less than 50%. Aeeetsdabevectlhc projected future water demand will exceed the current treatment capacity of Edgewater's plant sometime between 2015 and 2020 by a fairly small amount. During the planning period, the City and County will closely monitor actual demand to determine whether the demand is increasing as projected in this report. If actual demand trends indicate the probable need for additional treatment capacity, there will be adequate time for the City and County tojointly determine the swat cost effective means of addressing the shortfall. 4. Needed Water Storage and High Service Pumping Improvements Water storage capacity should equal at least half the average daily demand. The combined capacity of Edgewater's four water storage tanks is i:85125 million gallons, which exceeds the current average daily demand of 1.62 MGD, and is 33% of the 2020 projected average daily demand of 3.7 MGD. At the projected population growth, and using a level of service standard of 204 gallons per ERU per day, the demand on the Edgewater system will reach 3.7 MGD sometime between 2003 2015 and 2010 2020. At this point, additional storage capacity will be needed I46D The plant site includes a site reserved for a future tank of at [cast 1.0 MGD and the City will closely =pilot actual demands to determine the need for additional storage capacity, If actual demands vends indicate the probable need for additional storage capacitythere will be adcouate time for the City to determine themost cost effective construction of this storage tank. FED G E WAT,VR ll, City of Edgewater COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT EFFECTIVE 0ETABER-37; 396c}TBD CITY OF EDGEWATER COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT C. GENERAL RULES FOR CONCURRENCY ASSESSMENT..........................................5 1. Existing Deficiencies.....................................................................................................5 2. Approved Impacts..........................................................................................................5 4. Time Specific Approval......................................................... _....................................... 6 S. Additionallnformation..................................................................................................6 6. Transpostation...............................................................................................................6 7. Sanitary Sewer................................................................................................................7 8. Possible War..................................................................................................................7 9. Solid Waste.....................................................................................................................7 10. Storrawater Drainage.....................................................................................................7 11. Recreation......................................................................................................................8 D. GOALS, OBJECTIVES, AND POLICIES.........................................................................8 LIST OF TABLES Table 1 — Capital Improvements Schedule Table 2 — Volusia County School District Five Year Work Program Table 3 — Revenue Projections Affecting Capital Improvements Table 4 — Expendini a Projection for Scheduled Capital Improvements Table 5 — Debt Service Expenditure Projections Table 6 — Annual Operating Expenditures Table 7 — Fiscal Assessment No. 1 Table 8 — Fiscal Assessment No. 2 Table 9 — Five Year Schedule of Improvements Improvements Table 10, 1 ong Tenn (10 y52r) Tra aoortation Table CM- I -Level of Service Standards LIST OF FIGURES Figure 1 — Federal Grant Agencies and Program Titles IX-u CITY OF EDGEWATER COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CAPITAL IMPROVEMENTS PROGRAM IMPt EME:NTATION As shown in TABLE 9, the Five (5) Year Schedule of Improvements is the mechanism by which the City can effectively stage the timing, location, projected cost, and mere sources for the capital improvements derived from all the CP elements, in support of the Future Land Use Element. This 5-Year Schedule of Improvements has been used m document the "economic feasibility" of the City's CP, based upon the preceding sections of this element entitled "Capital Improvements Inventory", "Financial Analysis" and "Goals, Objectives, and Policies". IX-36 1 �i CITY OF EDGEWATER COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT PROGRAM MONITORING AND EVALUATION The role of monitoring and evaluation is vital to the effectiveness of my planning program and particularly to the CIE. This is largely bemuse the Gty's revenue and expenditure streams are subject to fluctuations in the market and the economy. It is the behavior of these streams which aW be used to predict fiscal trends in order to maintain the Gty's adopted LOS standards for public facilities. 7berefore, the CIE requires a continuous program for monitoring and evaluation, pursuant to Chapter 163, P.S., this element will be reviewed on an annual basis to ensure that required fiscal resources are available to provide public facilities as necessary in support the adopted LOS standards. The annual review will be the responsibility of the local planning agency and the City Finance Director and Gry Manager will serve as advisory members at all formal deliberations related to capital improvement monitoring and evaluation. The local planting agency's finding and recommendations will be presented to the Gry Council at a public meeting. The Gry Council will direct staff to take any actions deemed appropriate breed on the findings mid recommendations of the local planning agency. The review will include the following considerations, plus an examination of these considerations m order to determine their continued appropriateness: 1. Any corrections, updates, modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which arc consistent with the element; or the date of construction of any facility enumerared in this element; 2. The CIE's consistency with the CP elements and its support of the Future Land Use Element 3. The Gty's ability to provide public facilities and services within the utility service area in order to determine any need for boundary modification or adjustment, 4. The priority assignment of existing public facility deficiencies; IX-38 1 ta—ms N Le City of V E lo W c. 1 A G T 951 COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT CONCURRENCY MANAGEMENT SYSTEM EFFECTIVE OCTOBER 27, 2009 TBD CITY OF EDGEWATER COMPREHENSIVE PLAN CONCURRENCY MANAGEMENT 1. PUBLIC FACILITIES, CAPACITIES AND LEVEL -OF- SERVICE INVENTORY FOR CONCURRENCY MANAGEMENT The following inventories shall be maintained by the City to be used for the concurrency assessment of new development. a) TRANSPORTATION Design capacity of different roadway types. The existing level -of- service measured by the p.m. peak hour directional trips. The status of service degradation of those roads classified as backlogged based on the methodology described in the Transportation Element of this Plan. The adopted level -of- service standards for all roadway types. The existing capacities or deficiencies of the roadway network. The improvements to be made to the roadway network in the current fiscal year by the City, Volusia County, the Florida Department of Transportation or other public agency and the impact of such improvements on the existing capacities or deficiencies. b) SANITARY SEWER The capacity of the wastewater treatment facilities. The existing level -of- service standards measured by the average number of gallons per day /per unit based on the average flow experienced at the treatment plant and the total number of equivalent residential units within the service area. The adopted level -of- service standards for average daily flow per equivalent residential unit. The existing deficiencies of the system. The reserve capacities. CM -1 CITY OF EDGEWATER COMPREHENSIVE PLAN CONCU MANAGEMENT A. POTABLE WATER The design capacity of potable water treatment facilities. The existing level -of- service measured by the average number of gallons per day per unit based on the average flows experienced and the total number of equivalent residential units within the service area. The existing potable water storage capabilities of the water system. The adopted level -of- service standards for the potable water facility components. The existing capacities or deficiencies of the system. The reserved capacities. B. SOLID WASTE DISPOSAL The design capacity of solid waste disposal facilities. The existing level -of- service. The adopted level -of- service standard for solid waste. The projected capacities or deficiencies. C. STORMWATER DRAINAGE The existing level -of- service measured by storm event as determined by the City and its Consulting Engineers. The adopted level -of- service standard for stormwater drainage quantity and quality. D. RECREATION AND OPEN SPACE The existing acreage of parkland and the existing number of recreation facilities as outlined in the Recreation and Open Space Element of this Plan. The existing level -of- service measured by the number of acres of parkland available per 1,000 residents of the City based on an inventory of parklands in the City and the population of the City. The existing level -of- service for recreation facilities measured by the adopted standard based on an inventory of the facilities in the City and the population of the City. CM -2 CITY OF EDGEWATER COMPREHENSIVE PLAN CONCURRENCY MANAGEMENT The adopted level -of- service standards for parkland acreage and individual recreation facilities as outlined in the Recreation and Open Space Element of this Plan. The projected capacities or deficiencies. 2. CONCURRENCY ASSESSMENT The Development Services Department is responsible for determining concurrency for all applications for development, redevelopment, and subdivision plats. When reviewing applications for such developments, the Department performs a Concurrency Assessment to ensure that public facilities are or will be available concurrent with the impacts of the proposed development. The assessment includes a basis for the establishment of existing conditions and the capacity of existing public facilities to service new development. The Department shall identify: • The ability of existing facilities to accommodate the proposed development at the adopted level -of- service standards; • Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development; • The facility(s) improvements or additions that will be needed to accommodate the impacts of the proposed development at the adopted level(s) -of- service created by the proposed development; • The date such facility(s) improvements or additions will need to be completed to be concurrent with the impacts on such facility(s) created by the proposed development; and • A recommendation or approval or denial with any applicable conditions or the timing and location of needed improvements. Prior to the issuance of a development order for a proposed new development, the City Council and /or the Development Services Department determines: • The impacts created by the proposed development; • Whether the public facilities covered under the Concurrency Management System will be available concurrent with the impacts of new development at the adopted level; • Those facility(s) improvements or additions that are required to ensure the findings of concurrency; and • The entity responsible for the design and installation of all required facility(s) improvements or additions. a) Sanitary Sewer, Solid Waste, Drainage and Potable Water Facilities 1) A development order is issued subject to the condition that at the time of the issuance of a Certificate of Occupancy, or its functional equivalent, the CM -3 CITY OF EDGEWATER COMPREHENSIVE PLAN CONCURRENCY MANAGEMENT necessary facilities and services are in place and available to service the new development; or 2) At the time the development order is issued, the necessary facilities are guaranteed in an enforceable development agreement pursuant to Section 163.3220, FS; or 3) An agreement, or development order, issued pursuant to Chapter 380, FS, to be in place and available to serve the new development at the time of the issuance of a Certificate of Occupancy. (Section 163.3180[2a], FS) 4) Additionally for potable water, prior to approval of a building permit or its functional equivalent, the City shall determine that there will be adequate water supplies and facilities available no later than the date at which the City anticipates issuing a certificate of occupancy to serve the new development. b) Parks and Recreation Facilities 1) At the time the development order is issued, the necessary facilities are in place, or actual construction has commenced; or 2) A development order is issued subject to the condition that at the time of the issuance of a Certificate of Occupancy, the acreage for the necessary facilities to serve the new development is dedicated, or acquired by the City, or funds in the amount of the developer's fair share are committed; and 3) A development order is issued subject to the conditions that the necessary facilities needed to serve the new development are scheduled to be in place or under actual construction, not more than one (1) year after the issuance of a Certificate of Occupancy as provided in the City's Capital Improvement Element; or 4) At the time the development order is issued, the necessary facilities are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction no more than one (1) year after issuance of a Certificate of Occupancy; or 5) At the time the development order is issued, the necessary facilities are guaranteed in an enforceable development agreement pursuant to Section 163.3220, FS or under actual construction not more than one (1) year after issuance of a Certificate of Occupancy. c) Transportation Facilities 1) At the time a development order is issued, the necessary facilities and services are in place or under construction; or 2) A development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than three (3) years after the issuance of a Certificate of Occupancy or its functional equivalent, as provided in the adopted City's five (5) year schedule of capital improvements. The schedule of capital improvements may include transportation projects included in the first three (3) years of the most CM -4 CITY OF EDGEWATER COMPREHENSIVE PLAN CONCURRENCY MANAGEMENT current adopted Florida Department of Transportation Five Year Work Program. The Capital Improvement Element must include the following policies: i. The estimated date of actual project construction commencement and the estimated completion date; and ii. A provision that a plan amendment is required to eliminate, defer or delay construction of any local road facility which is needed to maintain the adopted level of service standard and which is listed in the first three (3) years of the five (5) year schedule of improvements in the Capital Improvements Element. 3) At the time a development order is issued, the necessary facilities are the subject of a binding executed agreement which requires the necessary facilities to serve the new development to be in place or under actual construction no more than three (3) years after the issuance of a Certificate of Occupancy; or 4) At the time a development order is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to Section 163.3220, FS; or an agreement or development order is issued pursuant to Chapter 380, FS; and will be in place or under actual construction not more than three (3) years after issuance of a Certificate of Occupancy. The adopted level -of- service standards (see Table I) are the minimum acceptable standards with which all proposed new development shall comply. The Concurrency Management portion of this element does not preclude the Planning and Zoning Board or the City Council from imposing other conditions of approval, including improvements and additions to the facilities covered under this system beyond the minimum necessary to achieve concurrency. 2. GENERAL RULES FOR CONCURRENCY ASSESSMENT a) EXISTING DEFICIENCIES No development may be approved which will impact a facility which is currently deficient unless the facility is required to be improved in the current fiscal year pursuant to a previous development order or permit. Any needed improvements shall be completed prior to the projected impacts of the proposed development. b) APPROVED IMPACTS The impacts of new development shall be assessed against the existing conditions and the projected impacts from approved but unbuilt development. These two items together shall CM -5 CITY OF EDGEWATER COMPREHENSIVE PLAN CONCURRENCY MANAGEMENT be considered the existing conditions for all public facilities for the impact assessment of all proposed development. c) PHASING Development that is proposed to be phased may also phase the improvement of facilities provided the concurrency requirements for each facility are met. d) TIME SPECIFIC APPROVAL All development approvals shall have a time period specified in the development order or permit in which development must commence. The time period may involve two or more phases but the timing of each phase shall be specified in the development order or permit. Any required improvements shall also require a time period for construction and completion. Should development or facilities improvements fail to begin or be completed in accordance with the development order or permit, all outstanding approvals of the development shall expire. Amendments to time schedules shall be permitted but must be approved by the body granting the original approval. e) ADDITIONAL INFORMATION The Development Services Department may require additional information from applicant or other City Departments in order for an accurate assessment to be conducted. Such additional information requests shall be reasonable and be provided in writing to the applicant or appropriate Department. Should the Development Services Department require a special study (such as traffic counts on a road that is not regularly monitored), the applicant shall provide such information. Review and approval of proposed development may be postponed for a reasonable time period in order that more information may be gathered on a facility. Proposed development may be denied approval, for failure of the applicant to provide adequate information on the projected impacts created by the development. f) TRANSPORTATION The City's Land Development Code provides development thresholds at which traffic studies will be required. Required studies shall use the latest edition of the Institute of Traffic Engineers (ITE) Manual to calculate the number of trips generated by the proposed development. The study shall then show the distribution of the projected trips, determine existing condition and project the level of service of impacted roads. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place. Completed improvements may be required prior to the issuance of a building permit if deemed necessary for public safety purposes. CM -6 CITY OF EDGEWATER COMPREHENSIVE PLAN CONCURRENCY MANAGEMENT g) SANITARY SEWER The City's Land Development Code provides sanitary sewer use standards for residential and non - residential development based on equivalent residential units. The City may also require commercial and industrial developments to provide a description and estimate of water use needs for any commercial or industrial processes which create wastewater that will be discharged into the City's system. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place, as required by the Development Order. h) POTABLE WATER The City's Land Development Code provides potable water use standards for residential and non - residential development based on equivalent residential units. The City may also require commercial and industrial developments to provide a description and estimate of water use needs for any commercial or industrial processes involving potable water. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place, as required by the Development Order. Prior to approval of a building permit or its functional equivalent, the City shall determine that there will be adequate water supplies and facilities available no later than the date at which the City anticipates issuing a certificate of occupancy to serve the new development. All development is subject to the City's Concurrency Management system. i) SOLID WASTE The City's Land Development Code provides solid waste standards for control and operation for residential, commercial and industrial developments. Developments which are potential hazardous waste generators will be responsible for coordinating with Volusia County for disposal of such waste. Prior to the issuance of a Certificate of Occupancy, all facility improvements necessary to accommodate the impacts of that portion of the development receiving a Certificate of Occupancy shall be in place. j) STORMWATER DRAINAGE All developments shall prepare a drainage plan based on the Stormwater regulation which incorporate the level -of- service design storm. Such plans shall be approved by the City's Engineer prior to the approval of the development. CM -7 CITY OF EDGEWATER COMPREHENSIVE PLAN CONCURRENCY MANAGEMENT Prior to the issuance of a building permit, all facility improvements necessary to accommodate the impacts of that portion of the development receiving the building permit shall be approved and all improvements shall be completed prior to the issuance of a Certificate of Occupancy. k) RECREATION The City's Land Development Code requires recreation impact fees for residential construction and /or land conveyance for new subdivisions. Commercial and industrial developments shall not be assessed as having an impact on recreational facilities. However, the City reserves the right to require the provision of recreational facilities as part of Planned Unit Developments. 4) GOALS, OBJECTIVES, AND POLICIES GOAL 1: The City shall undertake necessary action to economically and efficiently provide needed public facilities and services to all residents within its jurisdiction in a manner which protects investments in existing facilities, maximizes the use of existing facilities and promotes orderly compact urban growth. Objective 1.1: Capital Improvements will be provided to correct existing deficiencies, to accommodate anticipated future growth, and to replace outdated and obsolete facilities, as indicated in the Schedule of Improvements of this Element. Policy 1.1.1 The City shall include all projects identified in the other Elements of this Comprehensive Plan determined to be of relatively large scale in cost ($25,000 or greater) as Capital Improvement Projects and are included within the Schedule of Improvements portion of this Element. Policy 1.1.2 The City shall, for accounting purposes, also include into this Element Debt Service and Operating expenditures. Policy 1.1.3 The City shall, as a matter of priority, schedule and fund all capital improvement projects in the City's annual Capital Improvement Program which are designed to correct existing deficiencies as listed in the various other Elements of this Plan. Policy 1.1.4 The City will continue its current program of providing for renewal and replacement of capital facilities as outlined in the various Elements of this Plan. CM -8 CITY OF EDGEWATER COMPREHENSIVE PLAN CONCURRENCY MANAGEMENT Policy 1.1.5 A Capital Improvements Coordinating Committee shall be created composed of the Technical Review Committee members as designated by the City Manager to evaluate and rank, on an annual basis and in order of priority, the projects proposed to be included in the Schedule of Improvements. Policy 1.1.6 Proposed City Capital Improvement Projects shall be evaluated and ranked in order of priority according to the following criteria: a. Whether the project is needed to protect the public health and safety, to fulfill the City's legal commitment to provide facilities and services, or to preserve or achieve full use of those facilities already in place; b. Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement costs, provides services to develop areas lacking full service or promotes in -fill development; c. Whether the project represents a logical extension of facilities and services within the designated Utility Service Area Boundary, and is coordinated with the plans of County and /or State agencies that provide facilities within the City; d. Whether the project implements the policies of this Comprehensive Plan as they pertain to the concurrency requirements; e. Whether the project is financially feasible. Objective 1.2: Future development will bear a proportionate cost of facility improvements necessitated by the development in order to maintain the adopted level -of- service standards. Policy 1.2.1 The City will continue to collect impact fees from development projects to pay for the provision of water, sewer and recreation facilities required by those projects. Policy 1.2.2 The City shall consider the use of other impact fees, such as for public safety services. Policy 1.2.3 All new development shall be required to donate or reserve their fair share of right -of -way adjacent to major roadways prior to the issuance of a final development order. Objective 1.3: The City will manage its financial resources to ensure the provision of needed capital improvements for previously issued development orders and for future development and redevelopment. This objective shall be achieved through the implementation of the following policies: CM -9 CITY OF EDGEWATER COMPREHENSIVE PLAN CONCURRENCY MANAGEMENT Policy 1.3.1 In providing capital improvements, the City shall limit the maximum ratio of outstanding indebtedness to no greater than .75% of the property tax base. Policy 1.3.2 The City shall continue to adopt a Capital Improvement Program and an operating budget on a yearly basis as part of this budgeting process. Policy 1.3.3 The City shall continue to apply for and secure grants or private funds whenever available to finance the provision of capital improvements and other City improvement projects. Policy 1.3.4 Prior to the issuance of Certificates of Occupancy, the City will provide for all public facilities needed to service development for which Development Orders were previously issued. Policy 1.3.5 The City shall allocate the costs of new public facilities on the basis of the benefits received by the existing and future residents. GOAL 2: Maintain a Concurrency Management System to ensure public facilities and services to support development are available concurrent with the impact of development. Objective 2.1: The City will continue to utilize a Concurrency Management System so that decisions regarding the issuance of development orders and permits will be based upon coordination of the development requirements included in this plan, the land development regulations and the availability of necessary facilities to support such development. Policy 2.1.1 The City shall use the level -of- service (LOS) standards (found in Table CM -I) in reviewing the impacts of new development and /or redevelopment upon public facilities and services. Policy 2.1.2 Prior to approval of a building permit or its functional equivalent, the City shall determine that there will be adequate water supplies and facilities available no later than the date at which the City anticipates issuing a certificate of occupancy to serve the new development. All development is subject to the City's Concurrency Management system. Policy 2.1.3 The City shall track current water demand and outstanding commitments in order to determine the availability of an adequate water supply for proposed developments. CM -10 CITY OF EDGEWATER COMPREHENSIVE PLAN CONCURRENCY MANAGEMENT Level -of- Service Standards TABLE CM -I Sanitary Sewer 204 gallons /ERU /day Solid Waste 2.5Ibs /capita /day Potable Water Water quality: Meet State and Federal Drinking Water Standards 204 gallons /ERU /day Drainage 25 year /24 hr storm Limited Access Roads C, or as otherwise prescribed by FDOT Arterial D Collectors D Recreation LOS /Person Parkland 5 acres /1,000 persons Baseball /Softball 1 Field /4,000 persons Basketball Court 1 court /5,000 persons Tennis Court 1 court /3,500 persons I landball /Racquetball Court 1 court /4,000 persons Community Center 1 facility /30,000 persons Multi- Purpose /Soccer 1 field /4,000 persons Shuffle Board Court 1 court /1,500 persons Bocci Ball Court 1 court /10,000 persons Volley Ball Court 1 court /5,000 persons Boat Ramps 1 ramp /4,700 persons Bike /Pedestrian Trail 1 mile /4,000 persons Fitness Trails 1 mile /14,000 persons Activities Center 1 /15,000 persons Gymnasium N/A ERU - Equivalent Residential Units Policy 2.1.4 Prior to the approval of an application for a final subdivision or development plan, the City will review the proposed application to ensure that the public facilities and services needed to support the development are available concurrent with the impacts of such development based on the Concurrency Management System. Policy 2.1.5 Provisions in the Comprehensive Plan that ensure public facilities and service standards will be met to satisfy the Concurrency requirements are listed below: a. The necessary facilities and services are in place at the time a development permit is issued; or b. A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur; or c. The necessary facilities are under construction at the time a permit is issued; or CM -11 CITY OF EDGEWATER COMPREHENSIVE PLAN CONCURRENCY MANAGEMENT d. The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provision of the Florida Administrative Code. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur; or e. At the time the development permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services within one (1) year of the issuance of the applicable development permit. f. The necessary facilities and services are guaranteed in an enforceable development agreement which require the commencement of the actual construction of the facilities or the provision of services within one (1) year of the issuance of the applicable development permit. Policy 2.1.6 Proposed Comprehensive Plan amendments and requests for new development or redevelopment shall be evaluated according to the following guidelines as to whether the proposed action would: a. Be consistent with the Utilities Element and the Coastal Management Element and not contribute to a condition of public hazard. b. Be consistent with the Transportation Element; Utilities Element and Recreation and Open Space Element and not intensify any existing public facility capacity deficits not envisioned within this plan. c. Generate public facility demands that may be accomplished by planned capacity increases. d. Conform with future land uses as shown on the Future Land Use Map of the Future Land Use Element. e. Accommodate public facility demands based upon level -of- service standards by provision of facilities by the developer or by the City consistent with this element. f. Be consistent with the County, State and Regional agencies and water management district's facilities plans. CM -12 Attachment 3 1 2 3 4 5 6 AMENDED AND RESTATED 7 DEVELOPMENT ORDER 8 9 for 10 11 RESTORATION 12 13 DEVELOPMENT OF REGIONAL IMPACT 14 15 16 17 18 19 20 21 22 23 FEBRUARY -2- FEBRUARY S, 2010 24 25 26 27 28 29 079826, 000001, 182542854 14102542B51 15 DRAFT 4/8M9 2:074M TABLE OF CONTENTS Page 1 I. FINDINGS OF FACT 1 2 II. DEVELOPMENT PROGRAM 34 3 III. CONCLUSIONS OF LAW 48 4 IV. DEFINITIONS 46 5 V. CONDITIONS OF APPROVAL 710 6 1. CONSISTENCY WITH FEDERAL AND STATE PERMITS 710 7 2. CONSISTENCY WITH THE ADA 810 8 3. APPROVED DEVELOPMENT PROGRAM 811 9 (a) Project Description 11 10 (b) Total Acreage 12 11 (c) Legal Description 12 12 (d) Master Development Plan —_ 12 13 (e) Auxiliary Master Plan 12 14 a Project Build OuL - - --- _---- - - -.._ 12 15 4. ACCESSORY DWELLING UNITS 1 -012 16 5. EQUIVALENCY MATRIX 481 17 6. PROJECT DESIGN GUIDELINES /JOBS TO HOUSING RATIO 1-01 18 7. FLOODPLAINS 4-317 19 8. NATURAL SYSTEMS AND RESOURCES 441$ 20 (a) Habitat Conservation and Management 441.$ 21 (b) The Site Mitigation and Management Plan Components 4-721 22 9. WETLANDS 2024 23 10. WATER SUPPLY AND WATER QUALITY 222 24 11. PUBLIC FACILITIES 2630 25 12. AFFORDABLE HOUSING 27 2 26 13. SCHOOLS 2832 27 14. TRANSPORTATION 2833 28 15. ALTERNATIVE TRANSPORTATION STRATEGIES 3945 29 (a) Flextime Initiatives 3945 30 (b) Transit and Ridesharing 3945 31 (c) Bicycle /Pedestrian Systems 4046 32 079826, 000001, 1-0254281 - 14107547851 15 DRAFT 1]S109 2:07 PM TABLE OF CONTENTS Page 1 (d) The Transit Corridor 4144/ 2 (e) Park and Ride Spaces 4248 3 (f) Williamson Boulevard /Dedication and Development 4248 4 16. ARCHAEOLOGICAL RESOURCES - NOTIFICATION AND REPORTING 5 REQUIREMENTS 4450 6 17. ENERGY 4451 7 18. LANDSCAPING STANDARDS 4652 8 VI. POLICE, FIRE AND EMS SERVICES 4955 9 VII. COMMUNITY DEVELOPMENT DISTRICT 4955 10 VIII. LOCAL MONITORING 5056 11 IX. COMPLIANCE DATES 5856 12 X. DOWN ZONING, UNIT DENSITY REDUCTION OR INTENSITY REDUCTION 5457 13 XI. BIENNIAL REPORTING REQUIREMENT 5457 14 XII. MODIFICATIONS TO DEVELOPMENT ORDER 5458 15 XIII. RECORDING 5258 16 XIV. DEVELOPER'S CONSENT 5258 17 XV. APPLICABLE LAW 5259 18 XVI. EFFECTIVE DATE 5259 19 20 EXHIBITS 21 22 "A" LEGAL DESCRIPTION 23 "B" MAP "H" MASTER PLAN 24 'C" MAY "H -1" AUXILIARY MASTER PLAN 25 "D" EQUIVALENCY MATRIX (LAND USE EXCHANGE TABLE) 26 "E" WETLANDS MAP 27 "F" WILLIAMSON BOULEVARD /CROSS SECTION AND PLAN VIEW 28 29 079826, 000001, 1-02-842884-141_02542851.15 DRAFT 148/89 2 :07 PM 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 AMENDED AND RESTATED 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. 079826, 000001, 4-02-5418-5-1-1-1-1W.5-126` D FT 1-4/9 -2447 -fit 1 6. The City Council, as the governing body of the City of Edgewater with jurisdiction 2 over the Property pursuant to Chapter 380.06, Florida Statutes, is authorized and empowered to 3 consider an ADA filed by the Master Developer. 4 7. Public hearings, as required by Chapter 380.06, Florida Statutes, have been duly 5 noticed and held as follows. 6 0.1) On January 14, 2009, the City Planning and Zoning Board held a duly 7 noticed public hearing on the ADA for the Property and recommended that the 8 City Council approve the ADA. Testimony was taken and considered by the 9 Planning and Zoning Board. 10 ;u) On January 26, 2009, the City Council held a duly noticed public hearing 11 to consider on first reading the ADA submitted by the Master Developer for the 12 Restoration development. On February 2, 2009 the City Council held a duly 13 noticed public hearing to consider on second reading the ADA submitted by the 14 Master Developer for the Restoration development. At both City Council 15 hearings testimony was taken and considered. 16 The City Council has received and considered the Assessment Report 17 of the ECFRPC and thisdeterm.ined that the Development Order w� -« 18 substantially consistent with the recommendations and report of the ECFRPC. 19 The DCA, through issuance_of the ORC Report _dated October 28, 2008 20 noted its objections, comments and_r_ec_omtnenclatioas,__tg__the_v_r_oaosed _ 21 Comprehensive Plan Amendment and the City - ,considered each of the same, 22 9.. ThsOn February 2 1 2009, the City has- presessed- andalso approved an 23 application to amend the City of Edgewater Comprehensive Plan in conjunction 24 with the ADA. The application requested the following: 25 (1) an amendment creating a new land use category called 26 Restoration Sustainable Community Development District ( "SCD ") 27 leer - category and its accompanying goals, objectives and 28 policies; an.d 29 (2) an amendment to the Future Land Use Map to convert 30 approximately 5,187 acres from Volusia County Environmental 2 079826, 000001, 4-024428-5-1-14 } 2$ y I I DRAFT-148'09-2+074M 1 Systems Corridor and Forestry Resources to 4,5683003.4 acres of 2 SCD - Conservation /Restoration; 3 1315.1 acres of SCD - Community Development (Build Envelope), 4 and 868.6 acres of SCD - Conservation (collectively, the 5 "Comprehensive Plan Amendments ") 6 7 1$ - The DCA, through issuance -da eted-+ts 9 and the- 4ty -has considered ch of the same. 10 f) Subsequent to adoption and transmission to DCA of the Comprehensive 11 Plan Amendment and the Development Order, the DCA filed an appeal of the 12 Comprehensive Plan Amendments on March 30 2009 and on A • ril 9 2009 the 13 DCA filed an appeal of the Development Order Appellate proceedings pursuant 14 to Chapter 120, Florida Statutes ensued. 15 (al On the City, Master Developer hereunder and DCA 16 entered into a Stipulated Settlement Agreement which resolved their issues with 17 regard to the Comprehensive Plan Amendments and therefore the Amended 18 and_ Restated Development Order is intended to co prm the terms and 19 conditions of the same to the modifications and amendments _ to the 20 Comorehensive Plan so that this Amended and Restated Development Order is 21 consistent with the Comprehensive Plan as amended. 22 (h) Qn.,)anuary 25, 2010, the City Council held a duly noticed public hearing 23 tQ 24 Plan Amendments for the Restoration development and on first reading_, the 25 adoption of the Comprehensive Plan Amendments the Additional Remedial 26 Amendments to the Comprehensive Plan and the Amended and Restated 27 Development Order. Testimony was taken and considered as to all items before 28 the City Council, 29 f On February 8, 2010, the City council held a duly noticed public hearing 30 to consider on second readin • the Sti • ulated Settlement A • reement relating_ to 31 the Comprehensive Plan Amendments for the Restoration development,_ the 3 079826, 000001, 102542$34+415125.42 8,51..12 DRAFT 1/8/09 2:07--PM 1 adoption of the Additional Remedial Amendments to the Comprehensive Plan 2 and the adoption of the Amended and Restated Development Order. Testimony 3 was taken and considered as to al items before the City Council and upon a vote 4 of the City Council each of the foregoing were adopted. 5 8, 4-4,- The development of the Restoration DRI, pursuant to the ADA, and this 6 Amended and Restated Development Order was determined to be consistent with the 7 achievement of the objectives of the adopted state Comprehensive Plan, Chapter 187, Florida 8 Statutes, and the ECFRPC Regional Policy Plan and therefore will not unreasonably interfere 9 with those objectives. 10 11. DEVELOPMENT PROGRAM 11 1. The proposed development of the Restoration DRI shall be in accordance with 12 the Master Development Plan — Map "H." (Attached as Exhibit "B") 13 2 a-The proposed development of the Restoration DRI consists of the following 14 uses and phasing se thresholds Overall Project Area .e Acreage % of Site QGQmrnunity S_Car_re.onstivatigrigiestuaticila LQQ Cons_eryatign 869 161% I 0 TAL ipoaoh TotaLaamce.pasestopen space 18724 74_6_04 15 Program Acx.eage %QfS SP - CmmunityDevel9pment Deyelogient_ 89.9.42 11.3% Schools 85.0 1_,6°/R . . Gi 1 1 . • is utiti _site) iQ at 3% 74.0 Lakes 185so 16% Utility Easement 3_8 01% Active Parks_ a ncl fie_creation 1-6 a. 3% Subtotal 1, latal_flesomme Basaci Open_Spas,e Eres_ente_thtiplansis_anct Buffers 1,21_3 23.3% Preseriect__Wellands U14 415% C_ormeosating,Lak.es 14§ 215 4 079826, 000001, 102542851 111025-0(5 I I DRAFT-148/09-2-07-11N4 , . t Acr_eage - , % of Sie Subtotal 3,872 Total Acreage 5,187.0 100.0% 1 Mixed-Use Thresholds* Per_Threshold Cumulative Project_Total 1 MiCimunilloi Minimum Non- fiasisientiaffinits ile_siclentiaLSsat FRe_sidential Units ResicivntiaLSILEt Threshold 1 1,5_0_0 180,000 10_0 180,000 Threshold 2 1,000 120,000 300,000 Threshold 3 2.500 300,000 5QQ0 .00,000 Threshold 4 300,000 7,500 900,000 Threshold 5 L_QQ_Q 300,000 _Q-0 1,200,000 2 3 ' The Mixed-Use Threshold is designed to ensure a mixture of and balance between land uses and 4 promote the creation of job opportunities within Restoration. See Definition together with Policy 7.11 5 of the SCD Comprehensive Plan Amendment and Paragraph 6(g)(i)-(V) herein, 6 3., 3 5 079826, 000001, 4-02-342851 III Q.2 I - DRAFT-148/09-247-PM 1 The Master Developer's authorized agent is Ted R. Brown, Esq., Baker & Hostetler, LLP, 200 2 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 .1 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 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 t ADA -- the Application for Development Approval for the Restoration DRI filed 22 on September 8, 2006, as supplemented by the Responses to Requests for Additional 23 Information dated March 5, 2007, November 26, 2007, June 4, 2008, September 3, 2008 and 24 August 15, 2008. 25 4 ADTs -- Average Daily Trip End. 6 079826,000001, 1` "`428- 5 =44i 7 4.' I DRAFT -14/09 2 PM 1 5 ADU — Accessory Dwelling Unit is a small flexible space, not to exceed 650 2 square feet of air conditioned space located above a garage that can be used as a guest 3 cottage, a "granny" flat, a home office, a recreation room or as a rental apartment. 4 6 6 AWS — Alternative Water Supply. 5 7 CDD — Chapter 190, Florida Statutes, Community Development District. 6 CEA -- The Capacity Enhancement Agreement entered into between the 7 Master Developer, the Volusia County School Board, and the City, dated January 5, 2009. 8 U City or City of Edgewater -- the City of Edgewater, Florida, a municipal 9 corporation 10 1 40 - -County or Volusia County -- Volusia County, Florida, a political subdivision 11 of the State of Florida. 12 1 1 44 - Comprehensive Plan -- City of Edgewater Comprehensive Plan. 13 12. 42- Concurrency Management System -- Any and all ordinances, resolutions 14 and regulations that are or may be adopted by the City of Edgewater to implement the 15 requirements of §163.3202 (2)(g), Florida Statutes. 16 13, 4a CUP — Consumptive Use Permit. 17 14, 44 — Florida Department of Community Affairs. 18 1, 46:- Developer — Any successor developer to the Master Developer who by 19 reason of acquiring an interest in the property assumes obligations pursuant to this 20 Development Order, but who is not the Master Developer. 21 i tr.) 46 DRI -- Development of Regional Impact. 22 t r ? ECFRPC -- East Central Florida Regional Planning Council. 23 1-&-- Equivalency Matrix -- The matrix of land uses and trip equivalencies 24 attached hereto as Exhibit "D" and incorporated herein. 25 1 9 1 - 9 EPA -- United States Environmental Protection Agency. 7 079826, 000001, +02542851 1 k11,2 8 1 1 DRAFT -1 E8fk19- 2- :A7-PM 1 t {+ FDEP -- Florida Department of Environmental Protection. 2 21 FDOT -- Florida Department of Transportation. 3 22 FEMA -- Federal Emergency Management Agency. 4 23. FFWCC -- Florida Fish and Wildlife Conservation Commission. 5 24„ 24 FLUM - Future Land Use Map. 6 26 --HERS - Home Energy Rating System (http: / /www.naturesnet.org). 7 26_ 26. Homeowners Association (HOA) -- An association or associations of all 8 residential property owners within Restoration organized pursuant to the requirements of 9 Chapter 617, Florida Statutes, (2007) to manage and administer designated common areas, 10 including conservation and preserve areas within Restoration. 11 2Z. 2 - Letter of Map Revision. 12 26, 2& -- Level of Service. 13 2, 28: - Major Roads -- Roads or streets functionally classified as arterial or collector 14 roads and defined as regionally significant facilities within the DRI /ADA. 15 3Q, SA - Master Developer - Hammock Creek Green, LLC, a Delaware corporation, 16 and its successors or assigns. 17 1 ! Master Development Plan - Map "H" -- The Master Development Plan - 18 Map "H" contained in the ADA, a copy of which is attached hereto as Exhibit "B" and 19 incorporated herein. Map "H -1" (Exhibit "C "). 20 32, Mixed -Use _ Thresholds - Mixed -use thresholds are designed to ensure a 21 mixture of and balance between land uses and promote the creation of lob opportunities within 22 Restoration. The Mixed -use thresholds are ,set forth in Policy • a - • • u • - i - a -. 23 Plan Amendment and in the Mixed -Use Thresholds herein and Paragraph 6(g)(i) through (v) ,of 24 this Amended and Restated Development Order 25 $, , NOPC Notice Proposed _Change filed • . ,. a • • -. 380.06(19), 26 Florida Statutes. 8 079826, 000001, 10. 15 1 34. Open Space. T sun_ of all Activity Based _ Open Space III_ Resource 2 Based Open Space 3 35. 32- ORC Report -- The Objections, Recommendations and Comments Report 4 dated October 29, 2008. 5 h PREC - Program for Resource Efficient Communities, Institute of Food and 6 Agricultural Sciences, University of Florida. 7 37. 34. Project -- The work and development to occur on the Property, as permitted 8 through this Development Order. 9 i6 Property -- The real property subject to this Amended and Restated 10 Development Order as specifically described in Exhibit "A" attached hereto and incorporated 11 herein. 12 ,Q, 36 - Property Owner -- The persons and /or entities currently holding title to the 13 real property subject to this Development Order and each of its successors or assigns for any 14 portion of the Property. 15 40, 37-Property Owners Association ( "POA ") - An association or associations of 16 all commercial property owners within Restoration organized pursuant to the requirements of 17 Florida law to manage and administer designated common areas, including preservation and 18 conservation areas within Restoration. 19 i 4 Regional Roadway -- A roadway shall be considered "regional" if it is 20 defined as regional in the East Central Florida Regional Strategic Policy Plan or successor 21 document. 22 _ 4 s4 Resource Based Open Space - is generally open space set aside for the 23 preservation and restoration and enhancement of environmental systems and includes lakes 24 used for the detention and retention of surface water. Consult SCD text for additional 25 description. 26 43_ 40- Restoration DRI -- The Restoration Development of Regional Impact. 27 4 41 -- The City's Restoration Sustainable Community Development District 28 land use .n and FLUM designation 9 079826, 000001, - 102 - 542 - 8-5-1 , 44102,5428,51. DRAFT- -t18/09 2-07-1244 1 45 SCD — CONSERVATION AREA._ Lands designated as Conservation on the 2 SCD — Conservation/Development Areas Map attached to and made a part of the Restoration 3 Sustainable Community Development District Comprehensive Plan text. 4 45„ SCD — CONSERVATION /RESTORATION AREA. Lands designated on the 5 SCD- Conservation /Development Areas Map attached to and made a part of the Restoration 6 .t1 _ ' -v -.. - •i i •u• - a - a - ",a 7 SCD — COMMUNITY DEVELOPMENT AREA (BUILD ENVELOPE). Lands 8 designated on the SCD — Conservation /Development Areas Map attached to and made a part of 9 the Restoration Sustainable Community Development District Comprehensive Plan text, 10 4$, 42, SJRWMD — St. Johns River Water Management District. 11 49, 43 -- Site Mitigation and Management Plan. 12 50. TOD — Transit Oriented Design. 13 51 TRANSPORTATION PHASES. A Transportation Phase or Subphase is driven 14 off of calculations of traffic and the impact of the same on the _various . _components of the 15 development._ A Transportation Phase or _Subphase controls_the portions of the Restoration 16 development identified in Section 14 herein dealing with Transportation. 17 45- -USFWS -- United States Fish and Wildlife Service. 18 V. CONDITIONS OF APPROVAL 19 1. CONSISTENCY WITH FEDERAL AND STATE PERMITS. Development of the 20 Restoration DRI shall conform to the ADA and the conditions of approval set forth in this 21 Development Order. Development based upon this approval shall comply with all other 22 applicable Federal, state and county laws, ordinances and regulations which are incorporated 23 herein by reference. 24 2. CONSISTENCY WITH THE ADA. The Restoration DRI shall be developed in 25 accordance with the information, data, plans and commitments contained in the ADA and 26 supplemental information provided by Responses to Requests for Additional Information and the 27 same are incorporated herein by reference, unless otherwise provided by the conditions of this 28 AmendeLaapsi Restated Development Order. This Amended and Restated Development Order I0 079826, 000001, 1-02-54284-1-4-1 4 D}iAT 48/09- 2+9a --FM 1 shall prevail over any conflicting information, data, plan, or commitments. For purposes of this 2 condition, the ADA shall consist of the following items: 3 (a) ADA dated September 8, 2006 4 (b) Responses to Requests for Additional Information #1 dated March 5, 5 2007 6 (c) Responses to Requests for Additional Information #2 dated November 7 26, 2007 8 (d) Responses to Requests for Additional Information #3 dated June 4, 2008 9 (e) Responses to Requests for Additional Information #4 dated September 3, 10 2008 11 (f) Revised RAI #4 dated August 15, 2008 12 3. APPROVED DEVELOPMENT PROGRAM. 13 (a) Project Description The Project is designed to be a mixed -use, transit 14 oriented sustainable community that will promote the preservation, restoration 15 and enhancement of open space and environmental systems while at the same 16 time employing quality architecture and New Urbanist design to ensure that the 17 built environment integrates into and works seamlessly with the natural 18 environment. The protocols set forth in this Development Order provide for the 19 attributes of transit oriented design and sustainability to be incorporated into and 20 become a part of the fabric of the community. Restoration will include a mix of 21 housing types and price points; will use a variety of energy and water saving 22 protocols to promote the reduction of greenhouse gases and conserve both 23 energy and water resources. Electric rail transit is the lynch pin facility that will 24 tie all segments of the community together and allow for compact development 25 patterns and a tight hierarchy of streets. These design elements will serve to 26 discourage urban sprawl, foster connectivity and provide for a walkable 27 community. Commercial office development, schools and institutional uses will 28 be part of the land use mix. Because of their proximity to and integration with the 11 079826, 000001, - 1Q-542 . 85I. l-1 1 X12 y42 1 I U AF -T- x48!09- 2.07 -PM 1 residential offerings, Restoration will have an enhanced ability to balance jobs 2 and housing. 3 As provided for below, Restoration will consist of 8,500 residential units (± 4 3,825 single- family residential units and 4 4, multi - family residential units) 5 together with 3 5 more than 3300,000 square feet of non - residential 6 uses. Additional acreage will be dedicated for schools and other public 7 infrastructure. Most importantly, some stxt-y- elghtseventy four percent 8 or approximately 3,527 872 acres within Restoration shall be set aside 9 permanently as conservation lands that will be restored and enhanced. 10 Consistent with that undertaking, the conservation lands will be permanently 11 managed and protected through the placement of record of appropriate 12 conservation easements over the same so as to ensure that the renewed 13 attributes of the restored and enhanced lands remain intact and appropriately 14 cared for over time. The City will not have any responsibility for the maintenance 15 and management of the lands encumbered by conservation easements. The 16 balance of the Property will support the built environment consistent with this 17 Amended and Restated Development Order. 18 (b) Total Acreage 5,187 gross acres 19 (c) Legal Description Attached as Exhibit "A" 20 (d) Master Development Plan Map "H" attached as Exhibit "B" 21 (e) Auxiliary Master Plan Map "H -1" as Exhibit "C" 22 (f) Project Butideut Build Qu1 The Restoration DRI is to be developed as a 23 three phase mixed project with an anticipated bu+tdoutbui t out date of 24 2028.2030, The Developer has extended the time frames for phases and 25 bultdeutbuild out by five (5) years as part of this Amended and Restated 26 Development Order approval. This extension shall be viewed cumulatively with 27 any future extensions pursuant to Chapter 380.06(19)(c), Florida Statutes. 28 4. ACCESSORY DWELLING UNITS. Accessory Dwelling Units ( "ADUs ") are 29 permitted in Restoration and may be used in a manner that is consistent with the definition of 30 the same herein. ADUs will not be counted as part of the density calculation for the 31 development, but they will be subject to school concurrency review. Trips shall be measured 12 079826, 000001, 1 0251285 1 4 1 DRAFT-148i09-2i.07 PM 1 and mitigated to the extent required as part of the Monitoring and Modeling process hereinafter 2 described. Neither the Master Developer, nor its successor, will pay impact fees on the ADUs 3 developed. A portion of the ADUs may be counted as part of the inventory of affordable 4 housing as hereinafter set forth. ADUs will not have separate utility infrastructure and metering 5 as they are a subservient part of the dwelling unit. The total number of ADUs shall not exceed 6 twenty percent (20 %) of the single - family housing inventory. 7 5. EQUIVALENCY MATRIX. The Developer may increase or decrease the amount 8 of a particular land use within the approved development program by using a Equivalency 9 Matrix, once approved and incorporated into the Development Order as an exhibit, which is 10 based on equivalent peak hour directional trip ends. Use of the Equivalency Matrix may 11 increase or decrease the total amount of each land use by no more than the amount allowed for 12 in the substantial deviation criteria identified in Chapter 380.06(19)(b) 1 -14, Florida Statutes; 13 unless the this Amended and Restated Development Order is further amended to accommodate 14 such a change. Greater changes than those discussed above shall be considered cumulatively, 15 and shall be subject to normal Development Order amendment processes. Additionally, the 16 change must address changes to potable water usage and identify if the potable water and 17 sewer capacity and allocation under the applicable consumptive use permit are available. Any 18 time the Equivalency Matrix is to be used, DCA, ECFRPC, the City of Edgewater, the City of 19 New Smyrna Beach, Volusia County, the FDOT, the SJRWMD, and the School Board of Volusia 20 County must be provided notice of the proposal at least sixty (60) days in advance of the 21 change. Use of the Equivalency Matrix will be reported on an individual and cumulative basis 22 and Project impacts documented in the biennial report. Any future Notice of Proposed Change 23 ( "NOPC ") shall incorporate any changes due to the use of the matrix. 24 6 - PROJECT N€S/JOBS --TB ATIO. 25 PROJECT . DESIGN GUIDELINES /JOBS TO ._ HOUSING _ RATIO. The 26 Restoration DRI shall adhere to and further the design character outlined below: 27 (a) The Restoration DRI shall contain the mixture of uses designated within 28 the Restoration SCD land use classifications that provide for a balance of 29 commercial, residential, recreational (active and passive) open space, 30 employment, resource protection, educational, institutional and other supporting 31 uses. 13 079826, 000001, 1-02-54285-1-1-1- I 91 i i DRA1-1 148 (39 -2 A BM 1 (b) The Restoration DRI shall promote the preservation, restoration and 2 enhancement of open space and other environmental systems. 3 (c) The Restoration DRI shall promote a design that is based on the 4 principles of "smart growth," Transit Oriented Design ( "TOD ") and New Urbanism, 5 including walkability, compact development patterns, quality architecture and 6 urban design and will contain a hierarchy of street systems to discourage urban 7 sprawl, foster connectivity, provide for pedestrian mobility and transit internal to 8 the Project. 9 (d) The Restoration DRI shall promote diversity and choice through a mixture 10 of housing types and price points, including affordable housing as hereinafter set 11 forth. 12 (e) The Restoration DRI shall utilize a number of sustainable development 13 techniques and promote the reduction of greenhouse gases as hereinafter more 14 particularly described. 15 (f) The Restoration DRI shall promote the efficient and effective use of 16 infrastructure. 17 The Restoration DRI through the Master __Developer shall _measure __the 18 fobs / ho usina ratio in accordance with the following ct1t 19 Prior to the issuance of residential building permits formore than 20 1500 residential dwelling _ units _there shall have been constructed a 21 minimumof 180.000 sa - _ • nonresidential developm 22 LW Prior to the issuance of residential building permits for more than 23 2500 residential dwelling units, there shall h -ve been constructed _a 24 minimum of 300,000 square feet of nonresidential development, 25 Prior to the issuance of residential building permits for more than 26 5000 residential dwelling units, there shall have been constructed a 27 minimum of 600,000 square feet of nonresidential development 14 079826, 000001, 4-02-542844 , 15 1 (iv) Prior to the issuance of residential building permits for more than 2 7500 residential dwelling units, there shall have been constructed a 3 minimum of 900,000 square feet of nonresidential development, 4 (y) Prior to the issuance of residential building permits for the 8500 5 residential dwelling unit, there shall have been constructed a minimum of 6 1,200,000 square feet of nonresidential development. 7 (g) ThoFurther, and in addition to the above measurement standards. and 8 consistent with Policy 7.12 of the Restoration SCD, the Master Developer shall 9 measure the jobs /housing ratio after the issuance of the final plats and /or 10 commercial site plan approval as set forth below. The designated ratios are 11 goals, but if there has been insufficient employment created pursuant to this 12 section and Policy 7.1 of the Retoration the Master Developer shall 13 confer with the City and the ECFRPC and the Development -G-rder- may - 14 requested- te e- amended- in -eueh- manner -as -the- Mastter - Developer- -t-he- City -and 15 the GF R-P-G-deem apprepr-iate-: e - dee +sion -1e- amend- -the - -De-vete-prne-nt-Order 16 se-as to provide a- measure -ef relief 4r-em the -geatc established--at--(i+ }thr�,+gh ( ) 17 below- -w4 be predicated on- an-assessment-of the -level and consistency - of the 18 ef4o4 and activity -ef #he- Develeperfor the purpose of determining whether and to 19 what extent the Master Dveloper has initiated_ maintained _� prowram 20 designed to attract jobs and_emplgyment to the Project-Site and the prospects for 21 making up any shortfall in achieving the goals described below as i 22 development progresses. If, at check point (ii) or (iii) it is determined that the 23 shortfall is material and that the efforts of the Master Developer to meet the 24 jobs /housing ratio have not been at a level and with a consistency that evidences 25 a good faith effort to meet the jobs /housing ratio, then the City may require 26 appropriate mitigation to offset the failure to meet the established goal or in its 27 discretion, the City may suspend the issuance of residential building permits until 28 targeted thresholds agreed to by and between the Master Developer, the 29 ECFRPC and the City are achieved.- or in the alternative, the Amended and 30 Restated Development Order may be further amended in such manner as the 31 Master Developer, thethe City and the ECFRPC deem appropriate The decision to 32 4+34€43E1 , further amend the Amended and Restated Development Order so as 33 to provide a measure of relief from the goals established at (ii) through (iii) below 15 079826, 000001, 4-02-5428-544-11U25,42.851 1 INWT-4444 287 { 4 1 will be predicated on an assessment of the level and consistency of the effort and 2 activity of the lie elepeiMaster Developer to attract jobs to the Project and the 3 • • ♦ - • 11 -. �•• -.I le Il- i - 1 . 1 0 1 .0, 1 . • }n- 4 progresses. In no event shall this additional review process compromise the 5 nonresidential building square footages required in • 1 • • 1 . • • - - 1 • 6 these criteria are in addition thereto_a_nd in lieu therof 7 (vi) (-4-After the issuance of final CO's for the occupancy of the 3,400th 8 residential unit. 9 0.1 jobs per residential unit 10 11 vii 04 -After the issuance of final CO's for the occupancy of the 12 6,000th residential unit. 13 0.5 jobs per residential unit 14 15 j {ii» -After the issuance of final CO's for the occupancy of the 16 8,000th residential unit. 17 0.6 jobs per residential unit 18 19 tt At buildout 0.65 jobs per household shall be available within 20 the project. 21 Prior to the issuance of final plat or final plan approval for residential units which exceed the 22 thresholds listed in (i) through (iii) above, the Master Developer must demonstrate that an 23 amount of nonresidential development has been constructed which will generate adequate 24 employment opportunities to meet the jobs -to- housing ratio provided in (i) through (iii) above. 25 For purposes of making the jobs calculation, the Master Developer may consider all jobs 26 created both within Restoration and those within a three (3) mile radius of the external boundary 27 of Restoration and within__the_municipalboundary__ of_ the _City, I b latter category shall be 28 counted one - half lob. To document the same, the Master Developer must submit information 29 which is specific as to type of business or industry; i.e., retail /office /industrial, and provide a map 30 showing the location of each nonresidential development which is included. For this purpose, 31 jobs created in the public sector, i.e., Federal, state or local government including school jobs 16 079826, 000001, x-54283 +.14 i 62 428 I i DRAFT-14840-247 1 whether private or public, shall be included. Development that is under construction may be 2 included, provided that vertical construction will be completed within eighteen (18) months of the 3 date of submittal of the documentation to the reviewing agencies as specified below. The 4 Master Developer may demonstrate that jobs have been provided by surveying existing 5 businesses efand /or the creation of newv i finesses by utilizing the following employment 6 generation ratios:, to -wit 7 8 350 square feet of office = 1 job 9 600 square feet of retail /commercial = 1 job 10 11 If any actual survey of existing nonresidential is utilized, the documentation must include 12 information on the name of the business, the date and the name, address and telephone 13 number of the individual supplying the information. 14 The required documentation of survey results must be provided to the ECFRPC and the City for 15 review in each Biennial Report to determine compliance with the relevant conditions of this 16 Development Order as noted above and if the targets are not met, the City Master Developer 17 and ECFRPC shall confer pursuant to (g) above. 18 7. FLOODPLAINS. A master stormwater management system will be designed 19 and constructed for the Restoration project. The system will be based on pre - development and 20 post - development evaluations of the 100 -year floodplain elevations and extents and will be 21 designed such that there are no increases to the floodplain elevation for off -site lands or parcels 22 resulting from the design storm event. Further review by county staff of the 100 -year floodplain 23 study shall be necessary to insure that there shall be no adverse impacts to the downstream 24 drainage basins that are within Volusia County. The floodplain study may require further 25 modifications and /or other engineering assurances to demonstrate consistency with recent 26 and /or historical flood stage observations, rainfall data, and the USGS recording station data. 27 The stormwater management system will be integrated with the nonpotable water supply 28 system. 29 To implement the plan, the 100 -year floodplain will be managed using a site -wide 30 dynamic modeling methodology and a Letter of Map Revision ( "LOMR ") for existing conditions 31 will be submitted to FEMA and the SJRWMD to formally establish the floodplain elevation on the 32 Restoration site and in the immediate vicinity surrounding the Restoration site. Volusia County 17 079826, 000001, 402542851.111.02542 451 DR 448 /W 2:07 -PM 1 and the City of New Smyrna Beach will be provided a copy of the LOMR for informational 2 purposes. 3 The system will be designed to attenuate the 100 -year interval, 24 hour duration design 4 storm event such that no increases to the elevations of off -site floodplains occur. In addition to 5 the minimum State standard of maintaining the existing peak flow rates, the applicant shall be 6 tasked to demonstrate compliance with Volusia County Land Development Code, Section 7 804.01(3) in effect on the date of orignpl Development Order approval. A control regime will be 8 established and approved by Volusia County insuring that any impoundment for stormwater 9 treatment and /or improved wetland hydroperiod will not be discharged in a manner that 10 adversely impacts the downstream watersheds from a water quantity and water quality 11 standpoint and ensures that emergency discharges prior to any pending storm advisory are 12 prohibited. 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 18 079826, 000001, 102542851.111 02542$..1..15 NW -T-1480) 2:074 M 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 1 32 review process will extend the overall review of the SMMP for an 33 additional forty -five (45) days, but only those reviewing agencies who 19 079826, 000001, 4 15 DRAFT-44/09 2.07 PM 1 offer 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 -e" - - - - - - • _ _ - _ _ _ 20 the --SJRWArlDfinal approval eV ac#option_of this Amended and_Restated 21 Development Order. In the event City fails to respond within one hundred 22 thirty -five (135) days of receipt of the SMMP, the failure to issue a 23 compliance letter shall be construed to be a finding that the SMMP is in 24 compliance with the adopted Development Order. Unless the SMMP is 25 approved contemporaneously with this Development Order, then the 26 SMMP will be submitted and reviewed as a nonsubstantial deviation and 27 processed as a ► • • • • • - . �. NOPC -. 28 (ii) The issuance of environmental permits by any one or more of the 29 identified reviewing agencies or in the case of the USFWS, the inclusion 30 of conditions in an ACOE permit, shall constitute certification that the 31 SMMP is consistent with and supportive of the terms and conditions 32 contained in the environmental permits. 20 079826, 000001, 102,842 1' DRAFT-148109-2.:07-PM 1 (iii) The City will not require any wildlife habitat or resource mitigation 2 measures other than required by any applicable state and federal 3 statutes, rules and regulations, this Development Order and the SMMP. 4 (b) The Site Mitigation and Management Plan Components. The SMMP 5 shall, at a minimum, address the issues and components listed below, to wit: 6 (i) promote regional planning for preservation, restoration and 7 management of habitats and wildlife on the project; 8 (ii) protection of regionally significant Volusia Environmental Core 9 Overlay 1l ands (Map "A ") extending through the project site and 10 accompanying Spruce Creek Swamp floodplain; 11 (iii) restore natural drainage on the site and improve local hydrological 12 connections; 13 (iv) provide protection of wetlands during construction activities; 14 (v) preservation, restoration and management of upland habitats and 15 identification of recreation uses of conserved areas; 16 (vi) provide adequate buffers for wetlands; 17 (vii) provide for the removal of planted pine from wetlands; 18 (viii) replanting wetlands as permitted; 19 (ix) restoration of site hydrology to support restored wetlands; 20 (x) convert pine plantations to a more natural upland and hydric pine 21 flatwood regime and institute prescribed burning to sustain hydric pine 22 flatwoods; 23 (xi) provide a free - standing - bridge- -- at - the - - -seat# - erg of - the 24 Conservation- 4arnlet --ef- - approximately one—thousand (1,000) - feet - 25 length- ever the wetland- -_ to be crossed -for- - access #o -the 26 Conservation Hamlet with -- min+natum - clearance --of -- twenty - {20) feet 21 079826, 000001, 102-542-g54 .15 DRAFT - 48/.09 -2 07- RM 1 witdlife--rnevemer - - hydrologic- connectivity: - -- Additionally, thc -Master 2 -a frcc - standing bridge -at --the -Berth end of thc 3 - - • . • - - - - e 4 connectivity --of- the - wetlands --4e be crosccd is preserved and the 5 - - - - • . - - - • - . _ -wild -Iif intained. Aeserdingly -, 6 ef- the- bridgee- can --be- adjusted 7 is- corngleted but The -ere- idea -ef - making -certain that thc bridgcs are of 8 _ _ -- - - _ - - - -- - - - -- - - - -- - - •- _ -. -•est 9 of-fni a ar a to be . - - - - - -g _ • - design -ef 10 the same; 11 (xi) (xi+} preserve habitats for protection as outlined in the SMMP for 12 the following: 13 (1) Rugel's pawpaw 14 (2) Southern Bald eagle 15 (3) Florida black bear 16 (4) Swallow- tailed kites 17 (5) Gopher Tortoises 18 (6) other listed species and indigenous wildlife 19 20 (xi) (xiii+ provide littoral zones planted with native plants adapted to 21 site conditions around selected stormwater management ponds and 22 water storage areas for wading bird usage; 23 (x-iv) establish entity, appropriate instruments (e.g., conservation 24 easements), and adequate funding to secure and manage preserved 25 areas in perpetuity; 26 (xi y) (*v-)- provide for resident education regarding the purpose and 27 methods of the SMMP including specific ways that the landscaping 28 guidelines described below in Section V.18 protect water and wildlife 29 resources; 30 xv ()w» establish protocols for exotic and nuisance plant control; 22 079826, 000001, - 1 5428 A- 1-1025428- DRAF —J- 8/4 9 2 :07-PM 1 (xv_i) (3v»- provide for periodic monitoring and reporting of the outcomes 2 resulting from the utilization of the SMMP; 3 tut) (xviii) provide for management of gopher tortoises consistent with 4 applicable Florida law; 5 (xviii) (xix) provide for trash receptacle and dumpster program to 6 manage wildlife intrusion; 7 (Aix) + provide for educational program for residents and business 8 within Restoration to aid in preventing human conflict with wildlife; and 9 (xx) *Pf; provide for inclusion of additional protocols as hereinafter set 10 forth. 11 (c) A composite exhibit will be prepared and included with the SMMP that 12 identifies all areas within the Restoration DRI that will be encumbered by 13 conservation easements to protect and preserve the natural resources within the 14 Restoration DRI. Conservation easements will be conveyed to appropriate 15 grantees after review and approval of the SJRWMD, ECFRPC, Volusia County 16 and the City. All conservation easements will name the City as a co- grantee but 17 the City will not have any responsibility for the costs associated with the 18 maintenance and management of the lands encumbered by the conservation 19 easements. All conservation easements will be in place and recorded in the 20 public records of Volusia County e 21 Development-- OrdeFno later than . the slate of .the. issuance of the first building 22 permit authorizinsi the construction of horizontal improvements or Land clearing 23 a the R e storation site, or such earlier time as aright be required bar either the 24 state or Federal government in their respective permits authorizing impacts to 25 wetlands within the Restoration site, The Conservation Easement(s) shall run 26 with the land and shall be written in such a manner so as to provide for 27 enforcement rights b the Cit of Edgewater, The St. Johns River Water 28 Management District and to the extent required. third party enforcement rights by 29 the U.S. Army Corps of Engineers and any otherperson or party that the permits 30 authorizing the wetland impacts might require. Such grantees shall have the 31 capacity and capability of conserving the lands and resources contained within a 23 079826, 000001, E02442ro -54- 1U2542$.5 1.1:s MLA-FT-1484)9 2:07 P.M 1 prospective conservation easement _ - aria ti conservation lands and 2 easements that encumber them shall be consistent with the requirements set 3 forth in the SCD Comprehensive Plan Amendment. Information about the SMMP 4 shall -beand the Conservation Easement(s) shall be set forth in the Covenants, 5 Conditions and Restrictions (CCRs) of the Restoration SCD and recorded as part 6 of the chain of title e - - - e- . - • - : - e" . . -in the Public Records 7 of the Volusia County, Florida. 8 (d) The SMMP shall also contain a plan for funding all aspects of the SMMP, 9 including, but not limited to, the long -term maintenance required for all habitat 10 management areas, habitat restoration, construction of eco- passages and 11 education, monitoring and enforcement of landscaping guidelines. The plan will 12 provide for the long -term availability of management funds, which will not be 13 subject to homeowner or property owner referenda. A Master Property Owners 14 Association or other similar entity (a Community Development District, for 15 example) will be identified as the successor to the Master Developer for long - 16 term funding and implementation of the SMMP. 17 (e) Any modifications to the SMMP that are approved via the ERP or Section 18 404 application review and approval process resulting in issuance of a permit 19 shall be incorporated into the SMMP by reference and reported in the Biennial 20 DRI report. All revised SMMP conditions and copies of the corresponding 21 permits giving rise to the revisions shall be provided to the City within sixty (60) 22 days of the issuance of said permit(s). To the extent either or both of the ERP or 23 Section 404 Permits contain terms and conditions that conflict with terms and 24 conditions of the SMMP, the terms and conditions of the ERP or Section 404 25 Permits are controlling and the SMMP shall be deemed to be amended so as to 26 conform to the terms and conditions of the ERP and Section 404 Permits. 27 9. WETLANDS. 28 (a) All development shall comply with the Rules, Regulations and permitting 29 standards of the City, the SJRWMD and the ACOE relative to development in or 30 adjacent to wetlands. 24 079826, 000001, 1-02542851.4 U , .4 n i DRAFT-148409 2:07 -RM 1 (b) Proposed wetland impacts on the site are shown on Exhibit "E" attached 2 to this Development Order. The wetland impacts shown on Exhibit "E" are 3 proposed under permits to be applied for and obtained from the SJRWMD and 4 the ACOE. Any modification of wetland impacts, including allowance or 5 relocation of impacts by either or both of the SJRWMD or the ACOE shall, to the 6 extent permitted, be deemed acceptable and such modifications shall be deemed 7 approved and incorporated by reference into this Development Order and the 8 SMMP. 9 (c) Unavoidable losses of wetlands as defined by the SJRWMD and the 10 ACOE, shall be mitigated through restoration, enhancement, creation or 11 preservation of wetlands and uplands within the Restoration boundaries and in 12 accordance with adopted rules and regulations of the SJRWMD and ACOE. The 13 mitigation criteria of the SJRWMD and ACOE, as modified from time to time and 14 as reflected in the SJRWMD and ACOE permits to be obtained shall be used in 15 implementing such mitigation requirements, together with any additional 16 restrictions, conditions and limitations contained in the construction permit(s) 17 issued by the SJRWMD thereafter. On -site wetland mitigation approved by the 18 SJRWMD and the ACOE shall be set forth in the SMMP. 19 (d) Upland buffers between on -site wetlands and any type of development or 20 land alteration shall, to the extent possible, be fifty (50) feet on average and 21 twenty -five (25) feet minimum, but if not possible, the buffer shall default to the 22 standards established in accordance with SJRWMD approvals. Such buffers 23 shall be delineated with temporary construction fencing prior to construction to 24 allow these areas to be maintained with existing or restored native vegetation. 25 (e) The on -site wetlands systems, upland buffers, and other areas 26 designated for conservation /preservation or on -site mitigation as identified 27 elsewhere in the SMMP in the SJRWMD and ACOE permits to be obtained shall 28 be regarded as preservation areas and identified as separate tracts in 29 accordance with the requirements of SJRWMD, the ACOE and the standards for 30 platting as applied by Volusia County and the City. Developmental uses of these 31 areas shall be restricted by Conservation Easements conveyed to the 32 appropriate grantees after review and approval of the SJRWMD, the ACOE, the 25 079826, 000001, 0254285l.t 1151 ., 42tS1 t DR-A13 - 148109- 243 -{x{ 1 City and other applicable agencies having jurisdiction over the same. Volusia 2 County and the ECFRPC shall be provided copies of such easements. Use of 3 these areas shall be limited to nature trails and bikeways, elevated boardwalks, 4 installation and management of monitoring wells and production wells for potable 5 water and other uses permitted by the SJRWMD and the ACOE and which can 6 be constructed and maintained in such a manner that adverse impacts to 7 adjacent and nearby wetlands and habitat protection areas are avoided and 8 minimized. Maintenance of these areas will be as set forth in the SMMP and /or 9 permits authorizing their construction. Nothing in the language of the 10 Conservation Easement shall preclude the Developer or other entity designated 11 by the Developer from performing maintenance or management of these lands 12 as long as these activities are consistent with the protocols set forth in SMMP 13 and /or the permits issued by the SJRWMD and the ACOE. 14 (f) All preservation areas, upland buffers and mitigation areas shall be 15 platted as tracts and /or easements with development rights eliminated except as 16 noted in e. above. All such areas will be administered and managed by the 17 Master Developer or an HOA, POA, CDD or other legal entity consistent with the 18 requirements of the SMMP and /or the permits issued by the SJRWMD and the 19 ACOE. If an HOA, POA or CDD or other legal entity administers and /or the 20 Grantee of the Conservation Easement manages these areas, then it shall have 21 the power to assess and lien property owners within the Restoration 22 development for the purpose of ensuring adequate funding to implement the 23 purposes set forth herein and in the SMMP unless other alternative and 24 adequate funding mechanisms are put in place. 25 10. WATER SUPPLY AND WATER QUALITY. 26 (a) The City of Edgewater Consumptive Use Permit authorizes the City to 27 produce water in amounts that are adequate to support the development of 28 Phase - 3222 residential units and 468,237 square feet of nonresidential space 29 thereinafter_ referred as_= "Water Supply _Phase of the Restoration 30 development without compromising the City's obligation under separate Interlocal 31 Agreements to provide up to 450,000 GPD to Volusia County. Accordingly, the 32 City will, at the Developer's expense provide water to the Restoration 26 079826, 000001, 4-02-542-8-54-1-1- 1 U2: +db DR WI 48!{)9 2:07 PM 1 development throughadequate to support Water Supply Phase 1. However, the 2 Restoration Project shall not proceed pastbeyond the development of product 3 required to utilize Water Supply Phase 1 capacity until an adequate water supply 4 source is identified that will support the amount ofadditional development 5 prepared -fer ach and the same ts demonstrated through 6 an appropriate modification to the City of Edgewater Consumptive Use Permit or 7 the designation of an Alternative Water Supply source that is approved by the 8 SJRWMD and the City of Edgewater without compromising the preexisting 9 obligations to meet the needs of current retail and wholesale customers. The 10 City does not guarantee the availability of water supply beyond the levels 11 currently authorized under its existing CUP, and the Master Developer 12 recognizes that future water supply production must be addressed and agrees to 13 participate with the City in the development of the same, including Alternative 14 V_Wateer Supply (AWS. 15 (b) To augment water supply, the Master Developer shall develop and 16 implement a quantifiable water conservation best management practices 17 "protocol" to be considered as a part of an "Alternative Water Supply." It will set 18 water budgets that describe and specify the reduced service levels to be 19 achieved in potable water use and the mechanisms to be employed in order to 20 accomplish the same including, without limitation, specified reductions in irrigated 21 areas within the build envelope of the Project. Such protocols will be subject to 22 the review and approval of the SJRWMD, ECFRPC and the City. 23 (c) The Master Developer shall address pesticide and nutrient control within 24 the Restoration DRI by developing a program that is consistent with the 25 University of Florida's Florida Yards and Neighborhoods ( "FYN ") Recognition 26 Checklist (January 2007 version) or to a comparable landscape standard 27 determined in cooperation with PREC or another comparable, credible agency. 28 The program shall be referenced and incorporated into the SMMP, and where 29 appropriate, in a CDD or a Homeowners or Master Property Owners Association 30 Covenants, Conditions and Restrictions ( "CCRs "). 31 (d) The CCRs will include a requirement obligating the POA or the HOA for 32 ongoing education within the Restoration community to include as an example 27 079826, 000001, 102512854-44 I DRAFT 44-8M9-247 PM 1 (1) a requirement that all homebuyers and subsequent purchasers be given 2 copies of the landscaping standards in the form of an Operations and 3 Maintenance Manual, and (2) provision for the incorporation of interactive 4 environmental education materials accompanied by a website with current 5 environmental education content for the Restoration community. 6 (e) The Master Developer or a legal operating entity established in 7 accordance with the SJRWMD Basis of Review criteria will monitor and maintain 8 stormwater management, lakes, ditches, wetlands and preserved uplands after 9 establishing baseline conditions consistent with the environmental permits to be 10 obtained from the SJRWMD and the ACOE. To the extent required by the 11 permits aforesaid, the Master Developer will report on the monitoring results in 12 each Biennial DRI report and will use the same to modify homeowner education 13 and landscaping source control guidelines as needed. 14 (f) The Master Developer and all other developers doing work within the 15 Restoration DRI will employ best management practices for erosion and turbidity 16 control and these practices must be detailed on construction plans that are 17 subject to review by the City of Edgewater. 18 (g) The provisions of Florida Water Star -sm Silver certification program as 19 administered by the SJRWMD and published in January 2009 shall apply to 20 development within Restoration. Updates or revisions to January 2009 Silver 21 version, if adopted, shall govern and apply to Restoration to the fullest extent 22 practicable. 23 (h) The Master Developer will integrate both source control and treatment 24 train approaches to protecting wetlands and water quality through (1) source 25 control measures specified as a requirement in the landscaping standards and 26 accompanied with monitoring and reporting in the Biennial DRI reports for a 27 period of six (6) years after completion of the system described here, and (2) full 28 integration of a series of ecologically enhanced stormwater basin style wetlands 29 approved by the SJRWMD into the stormwater management plan. The Master 30 Developer will consult with representatives of the University of Florida /Institute for 31 Food and Agricultural Sciences ( "US /IFAS ") to develop these criteria more fully 28 079826, 000001, 10 ©R-AF 1/8/09-2-07 PM 1 and the outcome of this consultation will be reported in the first Biennial Report 2 required herein. 3 (1) To meet non - potable water use demands of the Project, the development 4 shall use the following sources in order of priority noted for surface irrigation of 5 common and private areas (including residential landscaping) unless prohibited 6 by the SJRWMD or other regulatory agency having jurisdiction over the use of 7 non - potable water: 8 (i) Treated wastewater or reclaimed water made available to the 9 Property by the City or surface water stored on -site in surface water 10 storage ponds or other sources of stormwater reuse. 11 (ii) Potable water may be used in residential Tots only if no lesser 12 quality source is available and then only for so long as is reasonably 13 necessary to either allow grow in of new plant material or to sustain 14 existing plant material. 15 (iii) All water used for irrigation, whether reclaimed or potable, will 16 require as a condition of use that soil moisture sensors or other smart 17 irrigation technology be employed so as to manage flows and distribution 18 of water. The methodology to be employed shall be reported in the first 19 Biennial Report required herein. Verification of the use and proper 20 functioning of these technologies will be conducted and reported in 21 subsequent Biennial Reports. 22 (j) The Developer shall obtain water and wastewater services from the City 23 subject to the City's prevailing rate resolutions and ordinances. 24 (k) Prior to construction approval, the Master Developer shall enter into a written 25 agreement with the City to address the provision of infrastructure needed to 26 supply reclaimed water from the City's wastewater treatment facilities to the 27 Project in order to allow the project to meet the conditions in paragraph (i) above. 28 (I) The Master Developer shall provide for the installation of reuse infrastructure 29 necessary to serve all irrigated areas within the Project along with the installation 30 of utility infrastructure for the Project, provided, however, the City shall have no 29 079826, 000001, - 1 - 0241-4 - 4 - 1 0 . , 424r i I DRAFT +81O9- 2-:81 -PM 1 obligation to provide reuse water to the Master Developer or the Development in 2 excess of that which is available to the Master Developer or the Development in 3 the ordinary course from the City's wastewater treatment facilities. The Master 4 Developer will bear the cost of the design and construction of the reuse lines 5 required to service the Project unless the City requires that such reuse lines be 6 oversized to accommodate uses outside the Project, in which case the City will 7 pay the cost associated with such oversizing. 8 11. PUBLIC FACILITIES. 9 (a) Sites sufficient for Fire, Emergency Operations, EMS, Police and utility 10 services will be provided to the City by the Master Developer within the Project in 11 locations to be mutually agreed upon and the Master Developer will coordinate 12 with the City to design and construct these facilities. For buildings to be 13 constructed other than utility buildings, the Master Developer will pay the costs of 14 the external shell of all buildings and the City shall pay the costs of the interior 15 partitions, furniture, fixtures and equipment. The solid waste transfer station, 16 water storage tank and wastewater expansion facility and the buildings that 17 support the same shall be paid for by the Master Developer. In addition, the 18 Master Developer shall locate a site suitable for a new city hall or an adjunct city 19 hall at a location to be determined by the City and Master Developer and shall 20 dedicate such site to the City provided the City elects to relocate the city hall or 21 adjunct city hall within Restoration. If located within the Restoration site, the 22 Master Developer will also design and construct the new city hall or adjunct city 23 hall, at its sole cost and expense, exclusive of furniture, fixtures and equipment, 24 and dedicate such city hall facility to the City. If the City determines not to 25 relocate city hall to the Restoration site, but elects to locate city hall on lands 26 outside of Restoration, then the Master Developer will make a one time financial 27 contribution to the City for the development of the new city hall in an amount that 28 represents twenty percent (20 %) of the cost of design and construction of the 29 external shell of the new city hall not to exceed Seven Hundred Fifty Thousand 30 Dollars ($750,000). In addition to the Utility Site, four (4) well locations will be 31 reserved on -site in the locations shown on Map "H -1," Exhibit "C." The Utility Site 32 will also allow room for a solid waste transfer facility, a water storage tank and a 33 wastewater expansion facility. The well locations as currently shown on Map "H- 30 079826, 000001, a- 02342 -8444+ DRAF 448/094:07-PM 1 1" will be subject to appropriate testing to determine the probable productivity of 2 the locations. If the locations shown on Map "I-1 -1" prove, after appropriate 3 testing, to not meet ordinary production criteria either for quantity or quality, then 4 the Master Developer will cooperate with the City in an attempt to locate 5 alternative well sites within Restoration to accommodate the requirement set 6 forth in this section. The cost of any testing undertaken by the City in order to 7 determine the suitability of any one or more of the proposed well sites for the 8 production of both the quantity and quality of potable water will be paid for by the 9 Master Developer to the extent that such water is to be used in Restoration, 10 otherwise the Master Developer will pay only its proportionate fair share of the 11 costs of testing. 12 (b) The City will reasonably cooperate with the Master Developer to build the 13 facilities identified in the locations provided or otherwise agreed upon in a 14 manner and form that is supportive of the architectural and landscape protocols 15 established by the Master Developer in those locations within the Restoration 16 DRI. These will include compliance with the protocols established for work in 17 natural /preserve areas as set forth in the SMMP as the same may be amended 18 by the SJRWMD and USACOE permits to be obtained and as the same may be 19 memorialized in the conservation easements. 20 (c) The potable water supply system will be designed as a hydraulically 21 efficient, looped distribution system with adequately sized lines to provide fire 22 protection. The Master Developer will be responsible for and pay the cost of the 23 design and construction of all potable water lines necessary to service the 24 Project unless the City requests that lines installed or to be installed by the 25 Master Developer are to be oversized to accommodate additional development 26 outside of Restoration. In the latter event, the City will be paying the cost for 27 oversizing such water lines. 28 (d) The Master Developer shall be responsible to design, construct and pay 29 for sewer line(s) to service the Project. The sewer line(s) will run from the 30 nearest appropriate location as determined by the Master Developer and the City 31 to the Project. So long as said sewer line(s) serves only the Project, the City 32 shall not contribute any costs for the same. If the City requests that the sewer 3 1 079826, 000001, 402542 DRAFT 148/09- 2 :07 IM 1 line(s) to be constructed pursuant to this provision be oversized to accommodate 2 lands outside the boundaries of Restoration, then the City shall pay all cost 3 associated with such oversizing. 4 (e) The City will provide potable water, sanitary sewer service and reuse 5 service to Restoration subject to the terms and conditions set forth herein. 6 12. AFFORDABLE HOUSING. The Affordable Housing Analysis prepared for the 7 Restoration DRI ADA using the approved ECFRPC methodology concluded that affordable 8 housing may be required in all phases of the Restoration development. The methodology to 9 determine the number of and product types of on -site affordable housing units that may be 10 required will be governed by the City's Land Development Code ,Comprehensive _Policy Plan 11 and /or PUD Agreement. However, should the City not have an adopted work -force housing 12 ordinance in place prior to such time as affordable housing is warranted within the Project, the 13 Master Developer shall conduct a study to determine very low, low and moderate income 14 housing needs using the then applicable ECFRPC Affordable Housing Methodology. Additional 15 studies shall be conducted for all future phases prior to their commencement. If the ECFRPC 16 methodology is applied, compliance with the ECFRPC methodology shall also mean meeting 17 the requirements to appropriately mitigate impacts for all phases as identified in said 18 methodology, however, the preferred mitigation is construction of workforce or affordable 19 housing within the Restoration DRI. Regardless, the Developer will target not less than ten 20 percent (10 %) of the residential development evenly distributed within each phase to be 21 constructed as either for sale or rental housing product that is attainable by those persons 22 whose incomes fall between eighty percent (80 %) and one hundred forty percent (140 %) of the 23 Volusia County's Average Median Income. Continuing affordability provisions may, if 24 appropriate, be included in the teasing agreements, deed for the land or other applicable 25 mechanisms. The Restoration DRI can mitigate for very low and /or low affordable housing 26 deficiencies with accessory dwelling units. The total number of the ADUs, available for credit 27 against the affordable housing required is four hundred (400). 28 13. SCHOOLS. The Restoration DRI shall comply with the terms of the CEA entered 29 into between the Master Developer, the Volusia County School Board, and the City. In order to 30 mitigate the impact of the students to be generated from development of the Restoration DRI, 31 pursuant to the terms of the CEA Developer shall convey to School Board property consisting of 32 approximately eighty -five (85) acres. This land dedication and conveyance is anticipated to 32 079826, 000001, 4-02-5418-5-1-44 o2,)-4281 DRA14 148 /09 2:474M 1 allow for two non - adjacent school sites located in separate portions of the Property and in the 2 locations depicted generally on the Master Development Plan, Map "H" (Exhibit "B "). The 3 Master Developer shall comply with the timing and conveyance procedures delineated in the 4 CEA, and shall be entitled to school impact fee credits in accordance with the procedures 5 delineated therein. (See Article V, Section 70- 181(b)(3), Volusia County Code.) 6 At any time that the Master Developer or a subsequent Developer on the Property elects 7 to convert commercial land use to residential land use via the land use conversion matrix, the 8 additional impacts to the public school system shall be reviewed and addressed by the School 9 Board of Volusia County. 10 14. TRANSPORTATION. 11 (a) The Restoration DRI is to be developed as a Transit Oriented 12 Development ( "TOD ") consisting of a compact mixed -use undertaking coupled 13 with the development and operation of an electric fixed rail transit system within 14 the Transit Corridor also known as Williamson Boulevard. By doing so, it is 15 expected that Restoration will lower levels of automobile use per capita and give 16 rise to shorter trips when the automobile is used. The combined effect of 17 compact TOD development and the presence of a significant alternative mode of 18 transportation in the form of fixed rail electric transit is expected to give rise to a 19 lowering of Vehicle Miles Traveled ( "VMT ") per capita and therefore greater use 20 of the proposed alternative mode of transportation; the rail transit within 21 Restoration. 22 (b) Prior to the issuance of any certificates of occupancy, the Master 23 Developer shall provide 150 feet of right -of -way for and construct a four -lane 24 extension of Indian River Boulevard, herein referred to as the Indian River 25 Boulevard Extension, from Williamson Boulevard to the intersection at the 1 -95 26 Southbound Ramps (a distance of approximately one mile). The City shall grant 27 full vesting for the project with respect to impacts to Indian River Boulevard 28 Extension through build out of Phase t (11,245 total PM Peak -Hour Trips). 29 (c) An agreement pertaining to improvement #5 in the table shall be entered 30 into between Volusia County and the Master Developer within twelve (12) 31 months after the effective date of the Development Order for this project. An 33 079826, 000001, 4 442 5418 -- 1}111.2)42101 1 DRA-FT--148/449- 247 4 M 1 agreement pertaining to improvements 1, 2, 3, 4, 6, and 7 shall be entered into 2 between the Florida Department of Transportation, and the Master Developer 3 prior to adoption of this Development Order by the City and said agreement shall 4 be transmitted with this Development Order to the DCA. Said agreement(s) shall 5 address the manner in which the project impacts pertaining to those 6 improvements identified in the attached table will be mitigated. The value of the 7 project's proportionate -share shall be calculated in accordance with the agreed 8 upon costs and the proportionate -share percentages identified in the table below. 9 The agreements shall address the timing of mitigation payments, the option of 10 pipelining proportionate share mitigation fees, and any provisions for 11 transportation impact fee credits against proportionate share and mitigation fees. 12 Separate agreements may be entered into with one or more parties and the 13 Master Developer. 14 Upon the Master Developer's entering into an agreement pertaining to 15 improvements 1, 2, and 3 identified in the table, then the development shall be 16 vested with respect to impacts to the interchange at State Road 442 and 1 -95 17 through all development that cumulatively generates no more than 2,220 two - 18 way PM peak -hour trips or 1,243 PM peak -hour directional trips on the Indian 19 River Boulevard Extension immediately west of the 1 -95 Southbound Ramps. 20 Additionally, the Restoration DRI shall implement an annual traffic count program 21 to measure external project trips leaving the site, commencing one year following 22 the M&M Study for Transportation Phase 2a and continuing through completion 23 of Erarwortati.Qn Phase 2b of the development program. The annual counts will 24 quantify project trips traveling through the interchange of S.R. 442/1 -95. The 25 methodology for the data collection shall be coordinated with the FDOT, Volusia 26 County, and the City of Edgewater. The City of Edgewater will provide notice of 27 the findings to the City of New Smyrna Beach. However, should volumes 28 traveling through the S.R. 442/1 -95 interchange (Indian River boulevard west of I- 29 95) exceed the Transportation Phase 2 threshold of 1,243 peak -hour peak - 30 directional project trips or 2,220 peak -hour two -way project trips, no further 31 building permits shall be issued until it can be demonstrated that (1) adequate 32 additional capacity exists within the interchange area or (2) additional 34 079826, 000001, 102512$3 -1-+1 DRAFT 1-/8/09 2:07 FM 1 improvements are identified to provide sufficient capacity and agreements are in 2 place to mitigate the project's impact. Improvement Proportionate -Share % 1 Signalize S.R. 442 at I -95 SB 100.0 2 Signalize S.R. 442 at 1 -95 NB 100.0 3 S.R. 442 at 1 -95 100.0 4 Signalize S.R. 44 at 33.0 5 Signalize Old Mission Road at Park 29.5 6 S.R. 421 at 1 -95 NB Ramps 46.0 7 S.R. 421 at 1 -95 SB Ramps 100.0 * S.R. 442 at 1 -95 Interchange Improvements will produce the following intersection geometries S.R. 442 at 1 -95 SB Ramps EB Approach: 2 through lanes and 1 through /right -turn lane (inside through lane to feed EBL at NB Ramps intersection) WB Approach: 2 through lanes and 1 left -turn lane SB Approach: 2 left -turn lanes and 1 channelized right -turn lane S.R. 442 at 1 -95 NB Ramps EB Approach: 2 through lanes and 1 left -turn lane WB Approach: 2 through lanes and 1 channelized right -turn lane 3 NB Approach: 1 left -turn lane and 1 channelized right -turn lane 4 (d) The Restoration DRI shall be divided into the following vehicular traffic 5 Phases and subphases based on reaching any of the 6 following thresholds or years, as indicated below. Identified in subsection (e) 7 below are traffic mitigation undertakings of the Master Developer as set forth. External* External* External* External* Peak Peak Hour Peak Peak Hour Phase & Daily Daily Trips Daily Daily Trips Hour Trips Hour Trips Year Trips Cumulative Trips Cumulative Trips Cumulative Trips Cumulative Phase 1a 13,179 13,179 1,770 1 ,770 1,273 1,273 2013 18,610 18,610 Phase 1b 13,178 26,355 1,770 3,540 1,272 2,545 2018 18,609 37,219 _ Phase 2a 22,906 60,125 13,808 40,163 2,241 5,781 1,334 3,879 Phase 2b 22,905 83,030 13,807 53,970 2,241 8,021 1,333 5,212 2023 Phase 3 31.978 114,828 202 3,439 57,409 3,224 11,245 409 5,621 0 35 079826, 000001, 102542851.11 10254 2851 15 t4 AF1- 1-18/09 -2:0? -PAW 1 2 *__ External trips reflect anticipated internalization reductions but not passer -by reductions' -_ See five - 3 year extension provision at 3.f. Reference to Phase 1n this Chart shall mean Transportation Phase 4 (e) Monitoring and Modeling. Prior to the initiation of Transportation 5 Subphase 1 b, Transportation Phase 2a, Transportation Phase 2b and 6 Transportation Phase 3 as identified in the preceding paragraph, the Master 7 Developer shall conduct a monitoring /modeling program. This program shall 8 ascertain the Level of Service ( "LOS ") on facilities where the Restoration DRI is 9 estimated to contribute an amount of traffic greater than or equal to five percent 10 (5 %) of the adopted LOS service volume. The methodology of the 11 monitoring /modeling program shall be agreed upon by the City of Edgewater, the 12 ECFRPC, Volusia County, the Florida Department of Transportation ( "FDOT "), 13 and the Florida Department of Community Affairs ( "DCA ") and the Developer. 14 The City of New Smyrna Beach will be notified of such meetings and will be 15 provided a notice of findings. The depth of each monitoring and modeling effort 16 shall be similar to that required within an ADA (to include all subsequent phases 17 for projected roadway adversity testing) but shall be consistent with the 18 requirements of the City of Edgewater Concurrency Management Systems as it 19 relates to facilities within that jurisdiction. All studies and monitoring /modeling 20 programs shall be consistent with the ECFRPC's methodology. Empirical data 21 will be required to be collected for the monitoring and modeling program on 22 facilities where it is estimated that the project contributes an amount of traffic 23 greater than or equal to five percent (5 %) of the adopted LOS maximum service 24 volume. This shall include an origin- destination survey to verify project trip 25 distribution on the external roadway network no earlier than seventy -five percent 26 (75 %) through any applicable Ira portat on Phase or Subphase. The origin - 27 destination survey shall also verify the percentage of project trips that travel 28 to /from the development currently known as Reflections. Concurrent with the 29 timing of the origin- destination study, a trip generation and internal capture study 30 shall be performed to verify trip generation and internal capture assumptions for 31 the development. A trip length study shall also be conducted to verify model 32 results. In the event that all parties cannot come to agreement on the 33 methodology, the ECFRPC, FDOT, the City of Edgewater and Volusia County 34 shall be the final arbiters. The City of Edgewater's decision shall be final as it 36 079826, 000001, ''»4_8-` >_ ---141v2> 12n, 1 BRASIa -I ($ 2.07-PM 1 relates to the City of Edgewater facilities, the FDOT's decision shall be final on 2 state facilities, Volusia County's decision shall be final on Volusia County 3 facilities and the ECFRPC's decisions shall be final as it relates to all other 4 facilities. The City of Edgewater will provide notice of findings to the City of New 5 Smyrna Beach. The study prior to buildout will be for informational purposes 6 only. Each M&M shall provide a roadway needs analysis for each future phase 7 as well as the phase being tested for mitigation requirements. 8 The facilities to be monitored /modeled for the next Phase or Subphase shall 9 include, but shall not be limited to, those segments of the regional roadways 10 listed below and one segment beyond where the Restoration DRI is estimated to 11 contribute a cumulative amount of traffic greater than or equal to five percent 12 (5 %) of the adopted LOS service volume. The analyzed facilities will include 13 signalized intersections and link analyses of collector and higher classified 14 roadways and interchange ramps. 15 The City of Edgewater, the ECFRPC, Volusia County, the FDOT, and the DCA 16 shall have the right to make reasonable requests for additional information from 17 the Developer to verify adherence to these provisions. The Developer shall 18 supply adequate information toward compliance with these requirements. 19 Candidate Roadways* for Monitoring /Modeling Study Roadway From To S.R. 44 1-4 Magnolia Street Sugar Mill Drive S.R. 44 Pioneer Trail S.R. 442 (Indian River Boulevard) Williamson Boulevard U.S. I Fort Smith Boulevard Howland Boulevard S.R. 415 S.R. 4I5 /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 _ 1 -95 Clyde Morris Boulevard 20 * intersection analyses or all roadways and ramps shall be included 21 (f) Monitoring and Modeling Results /Mitigation. The Restoration DRI 22 shall not commence beyond Transportation Phase 1 (an equivalent of 2,940 23 external peak hour trip ends) into ILa nsportation_ Phase 2 or from_Transn_ortation 24 Subphase 2a into Transportation Subphase 2b or from Transportation Phase 2b 37 079826, 000001, " " 205 - 1 - - 1 - h' 1.'851 15 DRAFT 448/09 2:07 -1:2M 1 into Transportation Phase 3 when service levels are below the minimum service 2 level adopted in the applicable local government's comprehensive plan during 3 the peak hour and the project contributes, or is projected to contribute with the 4 next phase of traffic, five percent (5 %) of the adopted LOS service volume of the 5 roadway or intersection as determined by the monitoring program required in the 6 preceding condition, unless mitigation measures and /or improvements are 7 secured and committed for completion of construction during the phase in which 8 the impacts occur. The schedule of required roadway improvements shall be tied 9 to the development level at which the improvement is needed within each 10 su aseTransportation Subph . The Development Order shall be amended 11 to incorporate the required improvements and the commensurate trip level by 12 which the improvement is needed to support project development. 13 Consistent with the foregoing, Restoration will conduct a modified M &M study at 14 the end of transportation_ Subphase 1 a for the purpose of providing an interim 15 look at the impacts of Restoration on the regional transportation system. This 16 additional M &M study is for informational purposes only and no further mitigation 17 or road -way improvements shall be required until the M &M results demonstrate 18 the need for the same at the Transportation Phase break point between 19 Trans_portotion Phase 1 b and Transportation Phase 2a and between 20 Tran ort ion ` Phase 2a and Iranspprtation Phase 2b and between 21 TLan portat Qn Phase 2b and T ran portation Phase 3. 22 For the purposes of this Development Order, adequate "secured and committed" 23 mitigation measures shall include one of the following: 24 (i) A roadway improvement scheduled for construction within the first 25 three (3) years of the appropriate local government's adopted 26 comprehensive plan capital improvement element (or as otherwise 27 provided in the applicable jurisdiction's capital improvement element); a 28 roadway improvement scheduled for construction within the first three (3) 29 years of the FDOT's five -year Work Program. 30 (ii) A binding financially secured and irrevocable commitment by the 31 Master Developer or other appropriate persons or entities for the design, 38 079826, 000001, 1-0254285+44102542851 1 E4RAf1 4109 2 :07 PM 1 engineering, land acquisition and actual construction of the necessary 2 improvements coupled with the posting of a cash bond, surety bond, 3 irrevocable letter of credit, escrow account or other security in a form 4 acceptable to the agency of jurisdiction within the next three (3) years and 5 incorporated by reference into the development order. 6 (iii) Any other mitigation option specifically provided for in this 7 Amended and Restated Development Order. 8 (iv) Any other mitigation option permitted by law, including a local 9 government development agreement consistent with Chapter 163, Florida 10 Statutes, which mitigates the projected impact and is incorporated into the 11 this Amended_and Restated Development_Order by 12 future 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 phaselransp rtation 18 Phase. If the Developer can demonstrate that a portion of a phaseTransportation 19 Phase does not adversely affect the Regional Roadway network as determined 20 by the monitoring and modeling tests discussed above, then the Developer may 21 proceed with that portion of the phaselransportation Phase (and only that 22 portion). 23 In the event that a roadway widening is identified which is not compatible with 24 adopted policy of the FDOT or local government (e.g., constrained), the 25 Developer, the City of Edgewater, or the party having either maintenance or 26 jurisdictional responsibility for the facility, together with the ECFRPC, shall 27 determine alternate mitigation solutions to provide for the movement of people. 28 Toward the achievement of the objectives in the two preceding conditions, an 29 agreement(s) among the City of Edgewater, City of New Smyrna Beach, Volusia 30 County, the FDOT, Florida Turnpike and the Developer may be entered into 39 079826, 000001, 4112-542-8-5-1-4410214215.1 15 DRAF 4/8/09 A? -PM 1 within twelve (12) months of the issuance of a development order for this project 2 by the City of Edgewater. Said agreement(s) shall address and clarify such 3 issues related to equity in the application of collected fees for transportation 4 improvements. Application of fees shall be on a fair share basis with respect to 5 the improvements to be provided and not solely on the basis of impact fees. 6 However, such an agreement would not alter or waive the provisions and 7 requirements of the other conditions of the Amended and Restated Development 8 Order as a mitigatis= - measure for the transportation impacts for the 9 Restoration DRI. In the event that one of the designated parties to the 10 agreement (other than the Developer) fails to execute said interlocal 11 agreement(s) within the specified time, then the Developer may proceed with the 12 project based upon the monitoring /modeling schedule and all other 13 recommendations specified herein as it affects the non - participating party. 14 Separate agreements may be entered into with one or more parties and the 15 Developer. 16 The following state and regionally significant roadway segments are projected to 17 be both significantly impacted by traffic from the Restoration DRI development 18 and to operate below the adopted LOS standard. Mitigation must be in place 19 prior to the Restoration DRI entering the designated phasel ransportatton Phase 20 unless the results of the monitoring and modeling study document that mitigation 21 is not required for the development level requested for that phaseporton 22 development. Alternative improvements may also be presented based on future 23 monitoring and modeling study results. This list shall be amended based upon 24 the results of the Monitoring and Modeling study as necessary and incorporated 25 into the Amended and Restated Development Order. 40 079826, 000001, 442- 542834 ++ i v.' ' + 7 K' 1 i DRAFT 44$/09 2:07 --PM Raise I I S.R 44 [ -95 to axooe Road Aida) to 6 Q Lars 1-95 S.R 44toI S.R400 Wfden -0 Lars U.S. 1 Riversd` [dive to S.R 442 Widen to 6 Laxs Dunlauton Avant Boulevard Taylor Road to Clyde Mxris Boules d Widen to 8 Lars Taylor Road (S.R 421) 1 -95 to D u IaMon &exr/Taylor Rood Intersection Wfdar to 4 Lars VvB Taylor Road Qmlaaon Avatar to Clyt Nbrris Boulevard Wld t to 4 Lars Williaison Bottle sad Indian Rive Boulevard to S.R 44 t v4 Lae Road Rye 111 S.R 44 S.R 415 to Airport Road Wdei to 6 Lanes S.R 44 1 -95 to Mssiiai Dine WSder to 6 Lars 1 -95 S.R 44 to I -0 /S.R 400 Widen to 6 Lars Wlden to 4 1 -95 1 -4/S.R 400 to U.S. 92 lays LB and 5 Lars SB Old Mssion Road S.R 442 to Josephine Street Vrldai to 4 Lars U.S. 1 Riverside Drive to S.R 442 Widen to 6 Lars Daimon Avenue Taylor Road to Clyde tvbrris Boulevard Wldot to 8 Lars Taylor Road (S.R 421) 1 -95 to li nlasvton &eare/Taylor Rood litera:dim Widen to 4 Lars WB Taylor Red Llnnla oot Avenue to Clyde Morris Boulevard Wall to 4 Lars WSlliatrat Boulesard Indian River Boulevard to S.R 44 1Jew4 Lane Road 1 2 3 41 079826, 000001, 1-02.5428-5-1-4411./25,4285,..1. 15 D d - A7- {,A4 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 5 pfejestTransportation pEhase at the beginning of each plhasesubsequent 6 Transportation Phase. 7 If the monitoring /modeling results as set forth hereinabove show that 8 improvements must be made to roadway facilities, and if mitigation is not 9 provided as set forth in these conditions or as otherwise required pursuant to 10 Rule 9J- 2.045(7), then prior to any construction of future phases and subject to 11 the provisions of Chapter 380.06(15(e), Florida Statutes, the Developer, the City 12 of Edgewater and the entity with jurisdiction over the roadway facility may enter 13 into an agreement which ensures that: 14 ! , = 3 a proportionate share payment is made by the Developer to 15 the appropriate entity(ies) to mitigate project impacts; 16 11 said proportionate share payment shall be used by the 17 appropriate entity only for the design, engineering, right -of -way purchase, 18 permitting and /or construction of improvement to the 19 segments /intersections for which the payment is made; and 20 (iii (viii) said proportionate share payment by the Developer 21 constitutes adequate provision for the public facilities needed with respect 22 to the road segments to accommodate the impacts of the project through 23 the phase for which the proportionate share was calculated, as required 24 by Chapter 380.15(e)(2), Florida Statutes. All such proportionate fair 25 share agreements shall be included in this DO by amendment pursuant to 26 Chapter 380.06(19), Florida Statutes. The formula to be used to 27 determine proportionate share contribution is as follows: (DRI Trips) x Cost = Proportionate Share SV Increase 28 For this formula, DRI Trips is the cumulative number of trips from the 29 development expected to reach the roadway during the peak hour from the 42 079826, 000001, 02342834-4 W2 5423151 .15 D T- 4&042:07 PM 1 phase under development. Service Volume ( "SV ") increase is the change in 2 peak hour maximum service volume of the roadway resulting from construction of 3 the improvement necessary to maintain the desired level of service; and Cost of 4 Improvement is the cost (at the time of Developer payment) of constructing an 5 improvement necessary to maintain the desired level of service, including all 6 improvement associated costs (engineering design, right -of -way acquisition, 7 planning, engineering, inspection, and other associated physical development 8 costs directly required and associated with the construction of the improvement) 9 as determined by the governmental agency having maintenance obligations over 10 the roadway. Transit service and facilities shall be considered in the 11 proportionate share calculations. 12 Notwithstanding any provision contained herein to the contrary, except as 13 specifically agreed in writing, the City of Edgewater, and the entity with 14 jurisdiction over the roadway facility shall have no financial responsibility to 15 contribute to or participate in the funding of the design, engineering, permitting, 16 and /or construction of roadway improvements. 17 The monitoring and modeling required prior to each phaseTransportation_Phase 18 or subphase shall be used to verify impacts from previous phasesTrans_portation 19 Phases and to more accurately estimate probable impacts from later 20 phasesTransportation Phases. The M &M undertaken prior to Transportation 21 Phase 2a shall also assess full buildout. If necessary, the proportionate share 22 amount will be adjusted to reflect actual impacts from a phase and the more 23 accurate information, which will result from the estimates for later 24 phascsTransportationPhases; provided, however, that any impacts from prior 25 phascsTransportatton Phases which have been mitigated in accordance with any 26 of the methods set forth in this. Amended and Restated Development Order shall 27 not be included in any subsequent proportionate share calculations. If it is 28 verified that the roadway improvements mentioned above are still needed, then 29 the project shall not proceed into later phaeesTransportation Pluses until either 30 the proportionate share payment is made or the needed improvements are 31 scheduled for construction in the applicable entities' work program within the first 32 three (3) years from the date when impacts are estimated to be significant and 33 adverse. 43 079826, 000001, 102512851.111v2',428:'1 1, DRAFT 1/8109 2 .07-PM 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 In order to provide safe access and to preserve operational capacity, the need for 11 auxiliary turn lanes at project entrances and on -site intersections shall be 12 determined by the appropriate permitting agencies and if required installed by the 13 Master Developer. The Developer and the appropriate permitting agencies shall 14 confirm the need for and the cost of signalization at the Project consistent with 15 policies of the City of Edgewater and the appropriate permitting agencies. Signal 16 costs and geometric improvements at project entrances and on- siteintersections 17 are the financial responsibility of the Master Developer through project buildout. 18 All such improvements shall be consistent with TOD protocols and pedestrian - 19 friendly design. 20 The development plan will include multiple roadways through the Restoration 21 DRI in order to provide adequate capacity and alternative routes through the 22 development. 23 x : (1, Funding Contribution to S.R. 44. The Master Developer's transportation 24 analysis has indicated that there is no need for transportation mitigation for S.R. 25 44 between Airport Road and 1 -95 for Phase 1 of the project. Despite this 26 analysis, the Master Developer shall make a fair -share contribution towards the 27 six- laning of this section to be determined as a result of the Southeast Volusia 28 Regional Transportation Study and any resulting interlocal agreement between 29 the City of New Smyrna Beach, Florida Department of Transportation, and other 30 parties which establishes a fair share formula and mitigation plan, as required by 31 the Volusia Growth Management Commission, for this particular roadway 32 section. The payment shall be made contemporaneously with payments of other 44 079826, 000001, 844- + DRAF4- 4449 -2A47 RM 1 developers subject to the interlocal agreement. In the event that the six - laning of 2 this section of S.R. 44 is not committed at the time of future monitoring and 3 modeling studies, this fair -share contribution shall be applied as a credit against 4 mitigation for future phasesTransportation 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 and 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 Ridesharinq. 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 45 079826, 000001, 402 442 - ∎ 4 =X' I I BRAE- -14$/09 -20- { 4 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 - Rhase --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. 46 079826, 000001, 1- 0254283 -1 1- 11925421151.15 DRAFT /8/J9 -2-07- RA4 1 (d) The Transit Corridor. The Master Developer or its successor shall 2 participate in the design, fucidi-n-g -p atiow -ate - implementation-- offund, 3 prepare and _implement a Transit Corridor Plan for the Restoration development 4 as the same is shown on Exhibit "B" attached. The Master Developer, and the 5 City together with other service agencies identified by the same as necessary or 6 desirable participants will undertake the preparation of this plan for the 7 development of an electric fixed rail transit system (transit system) within 8 Restoration. The phasing of the electric transit system, including a risk 9 management plan, the sources of capital for the plan, design, development and 10 operation of the transit system will be the responsibility of the Master Developer, 11 and neither the City of Edgewater nor Volusia County shall have any financial 12 responsibility for the transit system. The Transit Corridor Plan shall be submitted 13 to and reviewed by the City, Volusia County, and the ECFRPC within three (3) 14 years following the approval of this Amended and_Restated Development Order 15 and shall be adopted as part of the Amended and Restated Development Order 16 through a Chapter 380.06(19), Florida Statutes, Notice of Proposed Change. 17 Such proceeding is deemed not be a substantial deviation. The Transit Corridor 18 Plan contemplated by this condition envisions a fixed rail, electric train system 19 that will be completed and operational by the end of Tonsportatioil Phase 2-213 20 or 2 ). i The Transit Corridor Plan shall be submitted to Volusia County, New 21 Smyrna Beach and FDOT for review and comment. Comments received from 22 the same shall be incorporated in the Transit Corridor Plan to the extent possible 23 giving due consideration to costs, logistics and existing technologies_and__tilli 24 slue regardiot, P...Qlicies .$,1 4 and 8.1 5 as . set fc rth_in the Resto tion . 25 The funding for the development of the transit system will be identified at the time 26 of submission of the Transit Corridor Plan described herein and if construction of 27 the transit system is not commenced consistent with the terms of the Transit 28 Corridor Plan such that it can be completed and operational by the end of 29 Transportation_Phase 2 a or 2021(force majeure excepted), then such failure 30 shall be a substantial deviation as defined under Chapter 380.06(19) Florida 31 Statutes, and the Master Developer must seek regional review for the failure to 32 construct the transit system. 47 079826, 000001, 4-02542-8-5-1-4-11i <' a _: n I I DRAFT 168189- 2:137 WW 1 Restoration and the Master Developer after completion of the required M &M 2 Study at the end of Transportation Phase 2 may request that Volusia County, 3 FDOT, the City of Edgewater, and any other jurisdiction whose roadways or 4 intersections are significantly and adversely impacted by the Restoration DRI 5 consider the Master Developer's commitment to fund the ongoing operation and 6 maintenance cost ( "O &M ") of the transit system as constituting a proportionate 7 share payment in lieu of funding the equivalent cost of roadway mitigation 8 requirements otherwise applicable at the commencement of Transportation 9 Phase 3. FDOT Strategic Intermodal System ( "SIS ") facilities are excluded from 10 this consideration and must be mitigated per the Master Developer's 11 proportionate share responsibility under applicable Florida Statutes. If the 12 impacted parties do not agree to accept the Master Developer's obligation to 13 fund the O &M cost of the transit system as a proportionate share payment in lieu 14 of funding the transportation /roadway mitigation requirements calculated at the 15 M &M study prior to proceeding into Transportation Phase 3, the Restoration DRI 16 shall proceed to mitigate its transportation roadway impacts in the ordinary 17 course. Nothing contained herein would preclude one or more of the 18 substantially and adversely affected parties from agreeing to such a waiver in 19 whole or in part. The inclusion of this provision does not constitute an 20 endorsement by the reviewing agencies and will require additional review and 21 consideration at the time of the M &M study prior to proceeding into 22 Transportation Phase 3. 23 (e) Park and Ride Spaces. The Developer shall coordinate with the City of 24 Edgewater and property owners to ensure the provision of park and ride spaces 25 on site. At least three hundred (300) unassigned vehicle parking spaces shall be 26 provided and may be shared with parking for commercial land uses. The park 27 and ride spaces shall be proximate to the transit system when established with at 28 least half being within the northern commercial parcels and the balance in the 29 Town Center. 30 (f) Williamson Boulevard /Dedication and Development. 31 (I) Dedication of right -of -way for Williamson Boulevard. The Master 32 Developer shall convey unencumbered title to right -of -way intended to 48 079826, 000001, 1-0234283k 1-4IU2s4>85I BRA 1=- 448404 2: 07 -PM 1 support the proposed Williamson Boulevard transportation improvements 2 as described on the Master Development Plan — Map "H." The 3 conveyance shall be made at the direction of the City and Volusia County 4 as provided below: 5 (1) The Master Developer shall convey a right -of -way not to exceed 6 190 feet in width for Williamson Boulevard. Additionally, the 7 Master Developer shall convey or otherwise set aside sufficient 8 land area to accommodate the stormwater management 9 requirements for Williamson Boulevard. The maximum number of 10 travel lanes for any section of Williamson Boulevard shall not 11 exceed six (6). The Master Developer shall complete the 12 conveyance of the Williamson Boulevard right -of -way upon the 13 completion of the design, construction and acceptance of the 14 completed Williamson Boulevard by Volusia County, subsequent 15 to coordination of review and comment from the City, in 16 accordance with its protocols unless otherwise agreed. 17 Williamson Boulevard will be completed by the end of 18 Transportation Phase 2a. The dimensions and alignments of 19 Williamson Boulevard shall be in conformance with the overall 20 need for continuous, direct, and efficient vehicular movement from 21 surrounding areas of the City and County through the Restoration 22 DRI, coupled with the need to support and further the concept of a 23 pedestrian oriented and transit ready roadway to serve the 24 community as outlined in this Development Order. Williamson 25 Boulevard transportation improvements contemplated in this 26 Development Order shall be designed and built in substantial 27 conformity with the Williamson Boulevard plan view and cross - 28 section as shown on Exhibit "F" attached hereto, and as described 29 in the Transportation Corridor Plan above. 30 (2) The Restoration DRI shall not commence beyond Iransportation 31 Phase a (an equivalent of 5,212 external peak hour trip ends) 32 into Transportation Phase 3 until the Williamson Boulevard 33 improvements within the Restoration DRI are constructed and 49 079826, 000001, 102542854- -I-41( 42851 15 DRAT 118 /09 2 07 1 operationally sufficient to support the traffic generated by the 2 Restoration development. Notwithstanding any of the foregoing, 3 however, the following rights are reserved to the Master 4 Developer: (a) to ultimately incorporate the stormwater runoff 5 from the Williamson Boulevard improvements into a master 6 drainage system for the Restoration DRI; and (b) to make minor 7 adjustments to any of the right -of -way that has been dedicated to 8 the City and /or County if final engineering plans require the same. 9 (3) The Master Developer will reserve and set aside in its planning an 10 additional right -of -way eighty (80) feet in width which shall align 11 with Park Avenue east of 1 -95 and connect into Williamson 12 Boulevard to allow for the potential of another point of access to 13 Restoration across 1 -95. Other than this reservation of right -of- 14 way, neither Restoration nor the Master Developer shall have any 15 responsibility for the design, construction or operation of this 16 additional right -of -way unless otherwise agreed. 17 16. ARCHAEOLOGICAL RESOURCES - NOTIFICATION AND REPORTING 18 REQUIREMENTS. The Master Developer, or any other subsequent Developer developing 19 within the Project, shall notify, or ensure the notification of construction personnel, through 20 posted advisories or other methods, of the potential for artifact discoveries on the Restoration 21 site and to report suspected findings to the project manager. In the event of discovery of 22 artifacts of historic or archaeological significance during project construction, the Master 23 Developer and /or subsequent Developer shall immediately halt any construction activity within 24 one hundred fifty (150) feet of the location of any discovery that has the potential to adversely 25 affect the archeological find; and will, within three (3) business days of the discovery of artifacts 26 notify the City and the Division of Historical Resources ( "DHR ") of the Florida Department of 27 State. Thereafter, the Master Developer and /or Developer will coordinate the evaluation of the 28 artifacts with review agencies and provide any professional assistance necessary to document, 29 relocate, preserve or conserve the site and /or physical artifacts; provide proper protection of the 30 discovery in accordance with applicable law; and provide a written report to the agencies listed 31 above documenting the results of the site evaluation and mitigation /preservation actions 32 proposed or completed. The process and actions described above shall not extend beyond 50 079826, 000001, 102542851 4 H12542b; i i (3PA -F'4 448/09-2-47-PM 1 exceed one hundred twenty (120) days to allow evaluation of the site, and, thereafter, the 2 Master Developer or Developer may continue with development. 3 17. ENERGY. 4 (a) The Restoration Pro ect will com • I with the provisions of Goal 10 of the 5 City's Comprehensive Policy plan entitled '`Resource Efficient Design and 6 Operation.' 7 (b2 (a) Florida Power & Light will provide electrical power to Restoration, but 8 the master Developer reserves the right to undertake, in conformity with all 9 applicable laws, the construction of a sustainable energy generation project to 10 either augment or replace in whole or in part, the power to be supplied by Florida 11 Power & Light. 12 (c) Eb3 The Master Developer will require through the CCRs that all 13 commercial buildings within Restoration be designed and constructed following 14 "green" building practices. These include, but are not limited to LEED 15 certification or Florida Green Building Coalition Commercial Standard certification 16 for commercial structures to be developed at Restoration. All Residential 17 Structures shall meet the requirements of either the USGBC LEED for Homes, or 18 the FGBC Green Home Designation Standard. Substitute third art programs g third-party 9 19 deemed comparable by the PREC or other comparable credible agency, and /or a 20 series of sustainability protocols determined in cooperation with PREC or other 21 credible agency may be substituted for the identified programs. Any substitute 22 program will be reported in the Biennial Report. 23 ;f All homes will use Energy Star Reflective Roof Products to minimize 24 the "heat island" effect. This is to be accomplished by using light colored roofing 25 materials that have Solar Reflective Index ( "SRI ") value equal to or greater than 26 SRI 78 for a low- sloped roof; SRI 29 for a steep- sloped roof. All homes will be 27 pre- plumbed to the roof deck for future solar thermal hot water; pre -wired to the 28 roof deck for future solar photovoltaic installations and all duct work and air 29 handlers will be in conditioned space. 51 079826, 000001, 402 -4 441025 -12851 I.- DRAFT 1.8!(102:07 PM 1 Le4 „1r For common public amenities (street lights, lift stations, traffic signals) 2 design or purchase equipment to comply with the ASHRAE /IESNA 90.1 -2004 3 Standards. The Developer will benchmark energy use of conventional 4 equipment to reduce consumption. 5 (f) + Reduce light pollution so that all outside luminaries are shielded 6 and /or meet the Full Cutoff IESNA Classification. The Developer shall use the 7 ASHRA / IESNA Standard 90.1 -2004, Exterior Lighting Section as a guide in 8 dealing with "dark skies" operational protocols for Restoration. 9 (q) '' All residential units will be designed and constructed to achieve a 10 HERS Index score of seventy (70) or lower in compliance with the U.S. 11 Department of Energy Builder Challenge program. 12 For the residential portion of the Development, the Master Developer 13 or Developer will provide information to the purchasers of the same on a variety 14 of energy saving options for utilization in the home. 15 (h) On the buildings where the Master Developer is not undertaking the 16 construction, the Master Developer will condition the sale of the land on the 17 Developer adhering to a like set of protocols to be included in the design, 18 construction and operation of the same. The Master Developer will report in the 19 first Biennial Report to be filed following the approval of building plans for 20 construction how and to what extent it has been able to meet any one or more of 21 these goals in the design, construction and operation of the Project. This report 22 will be for informational purposes only but will be used to determine when 23 education is needed to reduce post- occupancy energy usage to specified 24 standards and to determine if adjustments are needed in building practices of 25 future homes to achieve performance goals. 26 18. LANDSCAPING STANDARDS. 27 (a) The Master Developer will, in cooperation with the City, develop 28 landscape standards for the development of Restoration that have the goal of 29 minimal to no added inputs of water and synthetic fertilizers and pesticides and 30 memorialize the agreements relative to the same in the SMMP to be processed 52 079826, 000001, W234483+14 14 DRAFT 1/8/09 2:07 PM 1 and approved as a subsequent part of this Development Order. Additionally, 2 landscape standards are contemplated to be part of a PUD Agreement to be 3 adopted subsequent to this Development Order. As a minimum water 4 conservation standard, all homes shall be Florida Water Starsm Silver certified. 5 The landscape program shall be referenced in the CCRs and administered by 6 either a HOA, POA or a CDD to be formed. 7 All residential landscapes shall be substantially designed, installed and managed 8 in accordance with the University of Florida's Florida Yards & Neighborhoods 9 Recognition Checklist (January 2007 version). Conditions conducive to low 10 maintenance landscapes with minimal need for fertilizer, pesticides and irrigation 11 will be maintained and enhanced through landscaping standards that require 12 minimizing soil compaction during construction to the extent practicable, and 13 protecting and conserving existing soils and vegetation or amending and aerating 14 soils as needed before landscape installation. 15 To ensure homeowners are in compliance with the requirements for minimal to 16 no added inputs of water and synthetic fertilizers and pesticides, the 17 POA/HOA/CDD covenants, in providing for long -term funding of conservation 18 measures on -site, shall include provision for a third party field contractor /on -site 19 naturalist for long -term environmental monitoring (including water quality, potable 20 water usage and biodiversity) and education to ensure environmental goals are 21 met. The third party field contractor /on -site naturalist will also monitor the 22 operation and maintenance of landscaping and stormwater management 23 systems. The POA /HOA or CDD shall provide additional community education 24 and /or enforcement through CCRs of existing or new rules as necessary to 25 correct any deficiency. The field contractor /on -site naturalist shall provide an 26 annual report of community compliance with landscape source control standards 27 to the Master Developer who shall, if appropriate, report to the appropriate 28 regulatory bodies. 29 Where recreational, common area and commercial areas are irrigated, all 30 irrigation water will be from stormwater reuse and /or reclaimed water sources 31 and all permanent in- ground irrigation systems will be fitted with a functioning ET- 32 controller (Evapotranspiration Controller) or soil moisture sensor controller, as 53 079826, 000001, 1- 02-5428M 4jU2142$5115 DRAF- -1 /8/09 2 07 -WN 1 described in the Field Guide to Soil Moisture Sensor Use in Florida (University of 2 Florida and SJRWMD). 3 The community design and landscaping standards shall incorporate a long -term 4 plan for development of a tree canopy (sufficient to provide shade for at least 5 thirty percent (30 %) of the landscape at maturity), which once mature will reduce 6 the need for irrigation in the community. 7 (b) The plant material for use in the landscape program shall be comprised 8 primarily of drought tolerant plants adapted to local conditions. Plant materials 9 shall be selected from the SJRWMD Water Wise Plant Guide, or the University of 10 Florida's Florida Friendly Plant List, or other similarly acceptable or locally 11 available plant material lists. Nothing contained herein shall preclude the Master 12 Developer from utilizing ornamental or decorative plants that are not classified as 13 drought tolerant, however, in all events, the landscaping of Restoration will be 14 seventy -five percent (75 %) drought tolerant vegetation adapted to the conditions 15 present. The Master Developer will be expected to develop, in cooperation with 16 the City, a planting palette as a part of the Design Guidelines to be made a part 17 of the SMMP and PUD Agreement incident to this Development Order and within 18 the Design Guidelines specify the nature and extent of both the plant materials to 19 be used in landscaping the Property. In no event will St. Augustine grass be 20 used in Restoration. 21 (c) Fertilizer application practices will be consistent with and utilize the Best 22 Management Plan titled "Florida Yard and Neighborhoods Recognition Checklist" 23 (January 2007 version). The referenced guidelines will be incorporated into the 24 SMMP and the PUD Agreement and will control the development and 25 implementation of the landscape management process. 26 (d) All landscaped open space areas shall be replanted using plants 27 authorized in the SMMP and the PUD Agreement to be adopted as part of this 28 Development Order. In all events, however, the plants listed on the most current 29 edition of Florida Exotic Pest Plant Council's List of Invasive Plant Species are 30 prohibited for use as a part of the landscape palette and cannot be used as a 31 part of the landscape material to be installed on the Project site. 54 079826, 000001, 102512851.11 1 02 5420 1.15 DRA,FT 1/8/ 2 :07 PM 1 (e) Plant material used for landscaping will conform to the standards for 2 Florida Number 1, or better as given in Grades and Standards for Nursery Plants 3 (1998 or latest) and Grades and Standards for Nursery Plants Florida 4 Department of Agriculture and Consumer Services, Tallahassee, Florida. 5 (f) In preparation for the development of Restoration the Master Developer 6 will, to the extent reasonably feasible, identify and inventory the large specimen 7 trees (defined to be hardwood trees with a minimum 36" dbh) within the build 8 envelope of the Project and prepare the same for relocation into the built 9 environment of Restoration as part of the landscape plan. The identified trees 10 will be root pruned, balled and stored until transplanting is appropriate during the 11 construction of Restoration. The Master Developer will identify and label 12 specimen trees to be preserved in place within and without the build envelope of 13 the Project. 14 (g) Integrated Pest Management ( "IPM ") will be a priority over other 15 commercially- accepted pest control methods. IPM may involve the prevention of 16 pests through appropriate landscape designs, diversity of plant material 17 monitoring of sites for pest related problems, determining when a problem needs 18 attention and taking appropriate action with the least amount of environmental 19 impact. IPM will maximize the use of biological controls, organic pest control 20 methods, insecticidal soaps, and fish oils beneficial for lowering the 21 environmental impact of pest control. 22 VI. POLICE, FIRE AND EMS SERVICES 23 1. Police, fire and EMS service will be provided by the City. 24 VII. COMMUNITY DEVELOPMENT DISTRICT 25 1. The Master Developer may, in its discretion, elect to petition for the formation of 26 a Community Development District to serve all or a portion of the Project pursuant to Chapter 27 190, Florida Statutes, as the same may be in effect from time to time. The City hereby gives its 28 approval that such a district may be formed to undertake the construction and /or funding of all or 29 any of the mitigation and public infrastructure projects for which the Master Developer is 30 responsible under the terms of this Amended and Restated Development Order, whether within 55 079826, 000001, 4-02542851.14191254285 DRAT - 4- -1/8109 0-7-PM 1 or outside the boundaries of the District to be formed, and including the payment of mitigation 2 amounts provided for in this Amended and Restated Development Order or any permits 3 obtained by the Master Developer as a part of and incident to the development contemplated by 4 this Amended and Ret.idted Development Order. Furthermore, such a District may also 5 assume the requirements of any Amended and Restated Development Order Condition of 6 Approval so long as the responsibilities are consistent with the provisions of Chapter 190, 7 Florida Statutes, and the District Charter. This provision shall not be construed to require the 8 approval of any petition to form such a District, nor shall it be construed to require the formation 9 of such a District, but it shall be construed to suggest that if the Master Developer elects to form 10 such a District, the City will not oppose the formation of the same in the absence of a 11 demonstrable showing by a clear preponderance of the evidence that the formation of such a 12 CDD would be contrary to the public interest and the health, safety and welfare of the City and 13 its residents. Absent such showing the Petition to form a CDD will be approved in the ordinary 14 course in accordance with the requirements of Chapter 190, Florida Statutes. 15 VIII. LOCAL MONITORING 16 1. The City shall be responsible for monitoring the development and enforcing the 17 provisions of this and Restate Development Order. The City shall not issue any 18 permits or approvals or provide any extensions of services if the Master Developer fails to act in 19 substantial compliance with this Development Order. 20 s The established review and approval process for review of development as 21 established pursuant to the City Code and PUD Agreement shall constitute the monitoring 22 procedures for assuring compliance with this Development Order, as specified in Chapter 23 380.06(15)(c)1, Florida Statutes. The local official responsible for compliance by the Master 24 Developer with this Arnended and testated Development Order shall be either the City 25 Manager or the City Development Services Director or the City Development Services Director's 26 designee. 27 IX. COMPLIANCE DATES 28 The Master Developer shall commence physical development of 29 - . : . - •, - • the restoration site as that term is 30 defined in the Introduction of _the Restoration SCD Comprehensive Plan Amendment _,or, by 31 commencing the d v -Iop meni one hundred sixty two.k162) (residential units eemmefGial 56 079826, 000001, 4-02-54284-1 - 44IEft542$5.. 15 DRAFT 148/094-0' 34M 1 cquare footage, etc.] -or - - - • - - - - - - - - - - - - e ends) - within -five and /or 24,411 2 square feet of non - residential development within four (54) years after the effective date of this 3 Amended and_Restated Development Order, otherwise this Development Order shall expire. 4 The Master Developer and the City estimate that approximately twenty (20) years will be 5 required to complete the development described in this Development Order. Accordingly, this 6 Amended and Restated Development Order shall terminate on February 2, 20292030; provided, 7 however, effectiveness of this Amended and Restated Development Order may be extended on 8 the City's finding of excusable delay, and no adverse impacts resulting from the delay, in any 9 proposed development activity, consistent with the substantial deviation provisions of Chapter 10 380.06(19), Florida Statutes. The termination date of development rights granted by this 11 Amended and Restated Development Order shall not affect the continuing obligations of the 12 Master Developer or the enforcement authority of the City or the DCA, and the Master 13 Developer shall continue to be bound by the terms, general provisions and conditions of this 14 Amended and Restated Development Order as they apply to development initiated up to the 15 time of termination. 16 X. DOWN ZONING, UNIT DENSITY REDUCTION OR INTENSITY REDUCTION. 17 Until 2033, the approved development described in this Amended and Restated 18 Development Order shall not be subject to down zoning, unit density reduction or intensity 19 reduction unless the City can demonstrate that substantial changes in the conditions underlying 20 the approval of this Amended _ar_Ld Restated Development Order have occurred, or that this 21 Amended and Restated Development Order was based upon substantially inaccurate 22 information provided by the Developer, or that the change is clearly established by the City to be 23 essential to the public health, safety and welfare. 24 XI. BIENNIAL REPORTING REQUIREMENT 25 In accordance with Chapter 380.06(18), Florida Statutes, the Master Developer, its 26 successors or assigns, shall submit a biennial report on or before the two year anniversary date 27 of this Amended and_Restateci Development Order and in every other or second year thereafter 28 during the buildout of the Project (the "Biennial Report "). The Biennial Report shall be 29 submitted to the City, the ECFRPC, the DCA, all affected planning agencies and any other 30 affected permitting agencies formally requesting copies of the same in writing to the Master 31 Developer. The contents of the Biennial Report shall comply with the relevant conditions of 57 079826, 000001, 142-5428-54-44102.542851.15 [4RAd -1 448.109-2-0-7-RM 1 approval of this Amended and Restated Development Order, Chapter 380.06(18), Florida 2 Statutes, Rule 9J- 2.025(7), F.A.C, and any and all other and further information required under 3 applicable law. The Biennial Report shall include a statement that all persons /agencies listed 4 above or otherwise entitled to receive the Biennial Report have been sent copies and the failure 5 to timely submit the Biennial Report may subject the Master Developer and the Restoration DRI 6 to the temporary suspension of this Amended and Restated Development Order in accordance 7 with Chapter 380.06(18), Florida Statutes. 8 XII. MODIFICATIONS TO DEVELOPMENT ORDER 9 The Master Developer shall submit, simultaneously, to the City, the ECFRPC, and the 10 DCA any requests for approval of a proposed change to this Amended and restated 11 Development Order. This submission shall be in a format established by the DCA and shall 12 include, at a minimum, the precise language which is proposed for deletion or addition to the 13 Amended and Restated Development Order and a statement summarizing all previous changes 14 that have been made to the Amended and Restated Development Order. The Master 15 Developer shall fully comply with Chapter 380.06(19), Florida Statutes, regarding substantial 16 deviations. 17 XIII. RECORDING 18 This Amended and .Restated Development Order, and any subsequent amendments to 19 this -Development Orderthe same, shall be recorded by the Master Developer in accordance 20 with Chapter 28.222, Florida Statutes, with the Clerk of the Circuit Court for Volusia County, 21 Florida, at the Master Developer's expense, immediately after the effective date of this 22 Amended and Restated Development Order, or any subsequent amendment, in compliance 23 with Chapter 380.06(15)(f), Florida Statutes. The recording of this Amended ant_ Restated 24 Development Order shall not constitute a lien, cloud, or encumbrance on the Property, or actual 25 or constructive notice of any such lien, cloud or encumbrance. 26 XIV. DEVELOPER'S CONSENT 27 The Master Developer, by executing this Amended and Restated _Development Order, 28 acknowledges that this Amended and ,Restated Development Order is binding upon the 29 Property, and that the conditions of approval contained herein apply to and control all further 30 development of the Property, and that the conditions of approval run with the land and are 58 079826, 000001, W2542851 -14 o2 DRAFT -148409 2 :07-PM 1 therefore applicable to and shall be complied with by any subsequent purchaser, owner or 2 assignee of any portion of the Property. 3 XV. APPLICABLE LAW 4 Development based upon this approval shall comply with all other applicable federal, 5 state and county laws, ordinances and regulations, which are incorporated herein by reference, 6 except to the extent the applicable laws, ordinances, and regulations are expressly waived or 7 modified by these conditions, or by action of the City Council. 8 XVI. EFFECTIVE DATE 9 This Amended and Restated Development Order shall take effect upon vital -by • 10 - = = -• = - = -_ =- -=- 2e, - - - .. .- . = = = -� = = 11 - = - - • = ` - . the date that the SCD Comprehensive Plan Amendment 12 is approved and no longer appealable -s a matter of law. Such date shall be determined by the 13 - 1 1 • , - . - • • ' • - I • ' - • 1 - ' - • • - • _such dote fQr, purposes of determining 14 all deadlines herein, 15 16 [SIGNATURE BLOCKS APPEAR ON FOLLOWING PAGES.] 17 18 59 079826, 000001, 1 0 2 5 1 2 8 5 1 4 1 I , - 1 2 8 " 1 1' DR FT - 1_F8/09 2 .07-PM 1 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, 2 FLORIDA THIS DAY OF , 2009.2010. 3 CITY OF EDGEWATER, FLORIDA, a 4 municipal corporation 5 ATTEST: 6 APPROVED: 7 MAYOR 8 9 10 , City Clerk By: Michael Thomas 11 12 13 APPROVED AS TO FORM AND LEGALITY: 14 15 16 , City Attorney 17 18 STATE OF FLORIDA 19 20 COUNTY OF VOLUSIA 21 22 The foregoing instrument was acknowledged before me this day of 23 E! t 7W by Michael Thomas on behalf of the City of Edgewater, a Florida municipal 24 corporation. He is personally known to me or has produced as 25 identification and who [ ] did [ ] did not take an oath. 26 27 28 My Council Expires: Notary Public, State of Florida 29 30 31 Name Typed or Printed 32 60 079826, 000001, 102542851 11 1 u2 >428.) I I LAP AFT-4/Si09- 2-47 -P.M 1 2 HAMMOCK CREEK GREEN, LLC, a 3 Delaware limited liability company 4 5 By: Hammock Creek Green Holdco, LLC, a 6 Delaware limited liability company, its sole 7 member 8 9 By: GS Florida Green Land, LLC, a 10 Delaware limited liability company, 11 its sole member 12 13 By: GS Florida, LLP, a Florida 14 limited liability partnership, its Asset 15 Manager 16 17 18 19 Witness Signature By: 20 21 Title: 22 Print Name 23 24 25 Witness Signature 26 27 28 Print Name 29 30 31 61 079826, 000001, 85 11125121551 15 DR FT4-/S/i1Gl -?