Page 1 of 2

GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL 32720 (386) 736-5959

PUBLIC HEARING: July 8, 2014 CASE NO: DRI-13-001

SUBJECT: Farmton Master Development of Regional Impact (MDRI) Development Order

STAFF: Becky Mendez, AICP, Senior Planning Manager

I. SUMMARY OF REQUEST

The Farmton Local Plan, which covers approximately 47,000 acres in southeastern Volusia County, requires the land owner to apply for and receive Master Development of Regional Impact (MDRI) approval pursuant to section 380.06(21)(b), Florida Statutes. The Volusia Growth Management Commission (VGMC) conditioned its certification of the Local Plan by requiring that the MDRI be submitted within five years of the amendment’s effective date. The effective date of the amendment was March 29, 2012.

The MDRI process requires an agreement between the landowner, Volusia County, the East Central Florida Regional Planning Council (ECFRPC) and the VGMC. The County Council approved the agreement on August 22, 2013, which is attached as Exibit 3 to this MDRI Development Order. The agreement established the framework for submitting the Application for Master Development Approval (AMDA).

The applicant submitted the AMDA on November 13, 2013, with subsequent sufficiency reviews on February 14, 2014 and April 7, 2014. As a result of the data and analysis review by agencies and effected parties, a final MDRI Development Order was drafted. This MDRI Development Order builds upon the 2013 agreement, and establishes the framework for submitting future Applications for Incremental Development Approvals (AIDA).

VGMC issued a request for additional information on May 22, 2014, and staff revised the MDRI Development Order to address those concerns. We anticipate VGMC certification by the end of the month.

Page 1 of 90

Page 2 of 2

The ECFRPC is scheduled to consider the Farmton AMDA and Master Development Order on July 16, 2014.

On June 5, 2014, the County Council set the public hearing date for September 4, 2014, time certain 2:00 pm.

All support documents may be found at:

http://www.volusia.org/services/growth-and-resource-management/planning-and-development/long-range-planning/upcoming-items/farmton/index-farmton.stml.

II. STAFF RECOMMENDATION

Staff recommends that the Planning and Land Development Regulation Commission (PLDRC) find the Farmton Master Development Order consistent with the county’s comprehensive plan.

III. ATTACHMENT

Resolution 2014-XX Farmton Master Development Order

Page 2 of 90

1June 25, 2014

RESOLUTION NO. 2014-xx 12

A RESOLUTION OF THE COUNTY COUNCIL OF VOLUSIA 3COUNTY, FLORIDA, APPROVING THE MASTER 4DEVELOPMENT ORDER (MDO) OF THE FARMTON 5MASTER DEVELOPMENT OF REGIONAL IMPACT (MDRI), 6GENERALLY LOCATED WEST OF INTERSTATE 95 (I-95) 7AND SOUTH OF THE WESTERN EXTENSION OF INDIAN 8RIVER BOULEVARD, CONTAINING APPROXIMATELY 947,000-ACRES TO BE DEVELOPED AS A SUSTAINABLE, 10SMART GROWTH DEVELOPMENT CONSISTING OF 11CONSERVATION, AGRICULTURAL, RESIDENTIAL, AND 12NON-RESIDENTIAL USES; PROVIDING FOR AN 13EFFECTIVE DATE. 14

15WHEREAS, County of Volusia, 123 West Indiana Avenue, DeLand, Florida 32720-16

4613, is a political subdivision of the State of Florida (hereafter COUNTY) and, as such, is 17authorized under the laws of Florida to create a Master Development of Regional Impact 18(MDRI) and process the same pursuant to Chapter 380.06, Florida Statutes (F.S.) 19

20NOW, THEREFORE BE IT RESOLVED BY THE COUNTY COUNCIL OF 21

VOLUSIA COUNTY, FLORIDA, IN AN OPEN MEETING, DULY ASSEMBLED IN THE 22COUNTY COUNCIL CHAMBERS AT THE THOMAS C. KELLY ADMINSTRATION 23CENTER, 123 WEST INDIANA AVENUE, DELAND, FLORIDA, THIS __ DAY OF 24_____, 2014, A.D., AS FOLLOWS: 25

26I. FINDINGS OF FACT 27

28The Volusia County Council hereby makes the following Findings of Fact: 29

301. The Farmton Application for Master Development Approval (AMDA) for the MDRI is 31

consistent with the Farmton Local Plan (FLP) adopted and incorporated into the Volusia 32County Comprehensive Plan. 33

342. The COUNTY's Comprehensive Plan has been adopted pursuant to Chapter 163, F.S., and 35

found to be consistent by the former Florida Department of Community Affairs, now 36known as the Florida Department of Economic Opportunity, Division of Community 37Planning and Development.38

39

Page 3 of 90

2June 25, 2014

3. The FLP contains specified requirements for a sustainable mixed-use development that 1provides for the protection and preservation of valuable natural resources and these 2requirements shall be incorporated into the MDRI as part of the implementation of the FLP. 3

44. In accordance with the requirements contained in the FLP, the development of the MDRI 5

will occur over a planning horizon of at least 50 years and meets the definition and terms 6for a "Master Development of Regional Impact" as specified in 380.06 (21), F.S., and 73C-740.028, F.A.C.8

9

5. On March 21, 2013, the County Council adopted a Conservation Management Plan which 10is consistent with and required by the Farmton Local Plan (FG Policy 2.10 and 2.11). 11

126. On August 22, 2013, Volusia County approved the MDRI Agreement which establishes the 13

framework for submitting the AMDA and identifies the timing of review of phases, 14increments, or issues related to regional impacts of the proposed development; and any 15other considerations that must be addressed in the AMDA and the agreement required by 16Section 380.06(21)(b), F.S. (Attached as Exhibit 3). 17

187. The East Central Florida Regional Planning Council (ECFRPC) also approved the MDRI 19

Agreement dated August 22, 2013, which establishes the framework for submitting the 20AMDA and identifies the timing of review of phases, increments, or issues related to 21regional impacts of the proposed development; and any other considerations that must be 22addressed in the AMDA and the agreement required by Section 380.06(21)(b), F.S.23

248. The Volusia Growth Management Commission (VGMC) also approved the MDRI 25

Agreement dated August 22, 2013, which establishes the framework for submitting the 26AMDA and identifies the timing of review of phases, increments, or issues related to 27regional impacts of the proposed development; and any other considerations that must be 28addressed in the AMDA and the agreement required by Section 380.06(21)(b), F.S.29

309. On April 26, 2013, Glenn D. Storch, Attorney (the APPLICANT) for the Miami 31

Corporation, (the OWNER) held a pre-application meeting with the ECFRPC and the 32COUNTY pursuant to the requirements of Chapter 380, F.S. and Chapter 73C-40, F.A.C., 33to initiate the application process for the MDRI. 34

35

10. Pursuant to Section 380.06 (7), F.S., and 73C-40.021, F.A.C., the APPLICANT held a pre-36application conference on May 31, 2013, to allow for review of the proposed AMDA and 37to identify significant issues by local, regional, state and federal agencies.38

39

Page 4 of 90

3June 25, 2014

11. On November 13, 2013, the APPLICANT submitted the AMDA for the MDRI as 1described in Exhibit 1 of this MDO to the ECFRPC and to various local, regional, state and 2federal agencies pursuant to Chapter 380.06, F.S.3

4

12. The ECFRPC held a public hearing on July 16, 2014, to approve a regional report 5regarding the AMDA and to issue its final recommendations. 6

713. On December 13, 2013, the ECFRPC issued its First Sufficiency review comments and on 8

March 7, 2014, the ECFRPC issued its Second Sufficiency review comments. 910

14. The APPLICANT provided responses to the ECFRPC Sufficiency Review comments on 11February 4, 2014 and April 10, 2014 (the first and second sufficiency responses, 12respectively). 13

1415. The COUNTY submitted the AMDA for the MDRI to the VGMC, which was determined 15

to be complete on May 5, 2014. The VGMC issued their consistency certificate on XXX. 1617

16. Pursuant to the FLP Policy FG 8.11, the cities of Deltona, Edgewater, Oak Hill and New 18Smyrna Beach were sent copies of all correspondence and applications and invited to 19review and comment throughout the MDRI application process. 20

2117. The subject property does not lie within an Area of Critical State Concern, as designated by 22

Chapter 380.05, F.S. 2324

18. All public hearings as required by Chapter 380.06, F.S., have been duly noticed and held on 25the following dates: [INSERT PUBLIC HEARING DATES]. 26

2719. The conceptual development program (CDP) within the MDRI is shown on Exhibit 2, Map H 28

of this MDO and includes the following acreage: 29

30Approximate Acreage based on GIS within the MDRI Boundary

Sustainable Development Areas (SDA) 15,093 Resource Based Open Space (RBOS) At least 3,750 (includes MRBOS)Mandatory RBOS 1,572

GreenKey 31,295 Farmton Mitigation Bank 18,796Non FMB GreenKey 12,499

3132

Page 5 of 90

4June 25, 2014

II. CONCLUSIONS OF LAW 12

Based upon the findings of fact, the County Council hereby makes the following 3Conclusions of Law: 4

51. This MDO is consistent with the goals, objectives and policies of the State Comprehensive 6

Plan and the Strategic Regional Policy Plan. 78

2. This MDO is consistent with the COUNTY's Comprehensive Plan and the COUNTY's 9applicable land development regulations. 10

113. This MDO is consistent with the report and the recommendations of the ECFRPC dated 12

[INSERT DATE].1314

4. This MDO is consistent with the MDRI Agreement approved by the APPLICANT, ECFRPC, 15VGMC and the COUNCIL. 16

175. This MDO is consistent with the adopted Conservation Management Plan. 18

19NOW, THEREFORE, BE IT HEREBY ORDERED AND RESOLVED, by the County Council 20of Volusia County, Florida, that based upon the Findings of Fact and Conclusions of law and 21subject to the following terms and conditions, the MDO is approved, pursuant to § 380.06, F.S., 22other applicable State laws and Regulations of the COUNTY, subject to the following terms and 23conditions set forth in this Master Development Order. 24

2526

III. CONDITIONS OF APPROVAL 2728

GENERAL CONDITIONS2930

1. This MDO shall be binding upon the COUNTY and shall be binding upon the owners of real 31property within the MDRI, their assignees, or successors in interest, including any entity or 32entities that may assume any of the responsibilities imposed by this MDO. Reference herein 33to any reviewing agency shall be construed to mean any agency that may in the future be 34created or designated as a successor in interest to, or that otherwise will possess any of the 35powers and duties of the reviewing agency with respect to the implementation and 36administration of the MDRI program and this MDO. 37

38

Page 6 of 90

5June 25, 2014

2. The MDRI shall be developed as described in the AMDA as submitted by the APPLICANT 1on November 13, 2013, the Farmton AMDA First and Second Sufficiency Responses 2submitted by the APPLICANT on [February 4, 2014] and on [April 8, 2014] respectively. 3

43. Development of the MDRI shall conform to the AMDA and the conditions of approval set 5

forth in this MDO. Development based upon this approval shall comply with all other 6applicable Federal, State and County laws, ordinances and regulations which are 7incorporated herein by reference. 8

94. This MDO shall govern the development of land located in Volusia County, as described in 10

Exhibit 1. The MDRI property shall have the following development entitlements consistent 11with the CDP: 12

1314

Uses 2017-20251 2026-2060 Total

Residential Units 4,692 2 18,408 23,100

Non-Residential Square Feet3 820,217 3,879,783 4,700,000

Notes: 1Entitlements from 2017-2025 may be transferred to 2026-2060 in accordance with the Farmton Local Plan after 2025 2Limited to 2,287 dwelling units without a finding of adequate school capacity 3Excludes educational and institutional uses15

1617

5. The Applications for Incremental Development Approvals (AIDAs) shall comply with the 18information, data, plans and commitments contained in the AMDA and supplemental 19information incorporated herein by reference, unless otherwise provided by the conditions of 20this MDO. The Farmton Local Plan shall prevail over any conflicting information, data, plan 21or commitments including the Master Development Order and Incremental Development 22Orders. The Master Development Order shall prevail over subsequent Incremental 23Development Orders. For the purposes of this condition, the AMDA shall consist of the 24following items: 25

26a. AMDA dated November 2013, signed by Glenn D. Storch on November 8, 2013 27b. First Sufficiency Response dated [February 2014, signed by Glenn D. Storch on February 28

3, 2014.] 29c. Second Sufficiency Response dated [April 2014 signed by Glenn D. Storch on April 7, 30

2014]3132

Page 7 of 90

6June 25, 2014

6. The review of the AIDAs shall comply with the following: 12

a. Each increment shall hold a pre-application conference or any future equivalent as 3established by ECFRPC. 4

b. Each increment shall address cumulative development impacts from existing and vested 5development within the approved study area, regardless of jurisdiction, when preparing 6studies and analyses required to address the DRI questions.7

c. Vesting of increments for the purposes of ensuring compliance with the provisions of this 8MDRI and the Volusia County Concurrency Management System, or its successor, shall 9be based on the date of the approval of the Incremental Development Order (IDO) or 10equivalent development order. 11

d. Unused, entitled development from one increment shall be eligible for transfer to another 12increment without requiring a determination of non-substantial deviation, provided the 13use is allowed within the new increment area based on the FLP and this MDO. 14

e. Each AIDA shall provide information as per Exhibit B of the Farmton Master DRI 15Agreement, attached and incorporated by reference as Exhibit 3 and shall address all 16questions in the Florida Department of Economic Opportunity form RPM-BSP-ADA-1 in 17full, unless waived or modified as a result of the AIDA pre-application conference. 18

f. Each AIDA shall identify the capital improvements strategy necessary to support the 19proposed development program (by phase), the cost of such improvements, the funding 20mechanisms/funding source for the improvements, and the party responsible for ensuring 21the completion of each necessary improvement. Each AIDA shall also identify 22contingency plans in the event the AIDA relies on a capital improvement(s) of another 23AIDA(s) or a public project(s) which is not completed per the approved phasing plan. 24Contingency plans will be based on the circumstances, and may include, but are not 25limited to: 26

i. absorbing the cost and responsibility for the delayed improvements, or 27ii. amending the phasing and construction of the AIDA until the 28

improvements are made, or 29iii. reducing the development program of the AIDA wherein the 30

improvements are no longer necessary to support the AIDA, or 31iv. proposing alternative mitigation to support the AIDA, 32v. or a combination of the options. 33

347. The land uses and entitlements identified in the MDO identify the principle uses allowed 35

within the Farmton MDRI, in accordance with the FLP. This does not preclude the use of 36typical accessory or ancillary uses normally allowed for approved principal uses. 37

388. The property may continue to be used for agricultural purposes until a Preliminary Plat or 39

Final Site Plan Development Order is issued. The approval of this MDO will not impact any 40

Page 8 of 90

7June 25, 2014

agricultural exemptions granted to the property by the Volusia County Property Appraiser as 1long as the property is being used for a bona fide agricultural use. (FG 8.5) 2

39. The CDP attached as Exhibit 2 (also known as Map H) provides for the general location of 4

land uses, conservation areas and the transportation network (trails, roadways, transportation 5corridors, etc.). It is anticipated with each AIDA that the provision of detailed information 6may require minor adjustments to the CDP that include: 7

8a. Adjustment of the internal boundaries of the Sustainable Development Areas (SDAs) of 9

less than 660-feet; 10b. Shifting of the alignment of the internal roads shown on the CDP to protect natural 11

resources within the MDRI; 12c. Adjustments to the road network to accommodate Federal, State or County design 13

requirements; 14d. Adjustment to conservation boundaries to account for ground-truthing, provided the 15

amount of land designated as GreenKey and Resource Based Open Space (RBOS) is not 16less than 35,045 acres. 17

1810. This MDO shall take effect on [INSERT DATE] and shall not expire until twenty (20) years 19

after the build-out date of the Incremental Development Order of the AIDA which results in 20securing the remaining entitlements that constitute the build-out development program for 21the MDRI, and provided that the completed portions and the remaining portions of the MDRI 22comply with the conditions of this MDO and provisions of Chapter 380.06, F.S. 23

2411. This MDO shall not be subject to down-zoning, unit density reduction or intensity reduction 25

until twenty (20) years after the build-out date of the Incremental Development Order of the 26AIDA which results in completing the build-out development program for the MDRI. As a 27result of the approval of the MDO, conservation covenants shall be transferred to perpetual 28conservation easements. In addition, the reverter provision contained in the deed of Deering 29Preserve at Deep Creek shall be removed. 30

3112. Compliance with the terms and conditions of this MDO shall be monitored through the 32

provisions of the COUNTY's established review and approval processes, for development, as 33amended in the future. The Director of Growth and Resource Management or successor 34position, or his/her designee shall be the official responsible party for monitoring compliance 35with this MDO. 36

3713. Subject to the limitations of the Farmton Local Plan and specifically Policy FG 8.6, the 38

COUNTY may approve the conversion of residential units to commercial intensities for the 39pre-2025 maximum development potential by using a development equivalency matrix, 40

Page 9 of 90

8June 25, 2014

which is attached as Exhibit 4 of this MDO provided that the net p.m. peak-hour external 1trips do not exceed 6,821 (FG 3.4). Use of the matrix may increase or decrease the total 2amount of each land use by no more than the amount allowed for in the substantial deviation 3criteria identified in §380.06(19) F.S., unless this MDO is amended to accommodate such a 4change. Written notice shall be provided to the ECFRPC, Florida Department of 5Transportation (FDOT) and Florida Department of Economic Opportunity (DEO) a 6minimum of thirty (30) days prior to the use of the matrix for a development permit 7application. Uses of the matrix shall be reported on an individual and cumulative basis and 8the impacts documented in the next biennial report. The notice and subsequent report shall 9demonstrate that the use of the matrix has not resulted in additional impacts to the 10transportation network, schools, or affordable housing. Any and all Notice of Proposed 11Change (NOPC) submittals shall also incorporate any changes resulting from the use of the 12matrix. 13

1414. The FLP contains two planning horizons. The initial planning horizon is from 2017 through 15

2025. The initial development entitlements for this first planning horizon shall be 2,287 16dwelling units and 820,217 square feet of non-residential uses. Any increase above 2,287 to 17the currently allowable maximum density of 4,692 dwelling units will be effective only upon 18a finding of school adequacy from the Volusia County School District. There shall be no 19increases in the density or intensity of development during this planning horizon beyond 20what is allowed by the FLP. The second planning horizon is from 2026 through 2060. The 21maximum intensity of the second planning horizon shall consist of 18,408 dwelling units and 223,879,783 million square feet of non-residential development, unless entitlements are 23transferred from the first planning horizon in accordance with the FLP. At build-out of the 24FLP, there will be a maximum of 23,100 dwelling units and 4,700,000 million square feet of 25non-residential uses (exclusive of institutional uses). 26

2728

SPECIFIC CONDITIONS2930

QUESTION 9 – MAPS 3132

15. Each AIDA shall include a map or maps G, in addition to all the other required maps. Map 33G shall also depict the location of existing and proposed Resource-Based Open Space and 34Mandatory Resource-Based Open Space within or in close proximity to the AIDA 35boundaries.36

3716. Each AIDA shall include on its Map H potential wildlife crossings for roadways within the 38

AIDA boundary and adjacent areas. 3940

Page 10 of 90

9June 25, 2014

QUESTION 10 – GENERAL PROJECT DESCRIPTION 12

17. Specific Demographic, Employment and Phasing Information tables shall be provided for 3each AIDA. Each AIDA shall comply with the provisions of Exhibit 8 of this MDO, Jobs to 4Housing Balance Methodology.5

6QUESTION 11 – REVENUE GENERATION 7

818. Specific revenue generation information shall be provided with each AIDA in accordance 9

with the approved Fiscal Neutrality methodology attached as Exhibit 5 of this MDO. 1011

QUESTION 12 – VEGETATION AND WILDLIFE 1213

19. At least 25 percent of Sustainable Development Area Districts as a whole shall be 14Resourced-based Open Space and the Mandatory Resource-based Open Space shall be 15included in the calculation of the 25 percent requirement. Approximately 1,572 acres of 16Mandatory Resource-based Open Space has already been protected with conservation 17easements/conservation covenants. The balance of the required Resource-based Open Space 18shall be identified and preserved as part of the development review process of Volusia 19County. The identification of areas to be designated as Resource-based Open Space shall be 20approved in consultation with the Florida Fish and Wildlife Conservation Commission, the 21Florida Department of Environmental Protection, St. Johns River Water Management 22District, ECFRPC, and by all entities that are parties to the conservation easements required 23by Policy FG 2.12 of the Farmton Local Plan. The identification of the remaining, required 24Resource-based Open Space shall be predicated on the following priorities: 25

26a. Preserve lands on the perimeter of Sustainable Development Areas which are contiguous 27

to GreenKey lands or Mandatory Resource-based Open Space. 28b. Eliminate or minimize habitat fragmentation and promote habitat connectivity by creating 29

new or enhancing existing wildlife corridors. 30c. Provide connections to conservation lands external to Farmton. 31d. Protect flood plains and wetlands and upland buffers. 32e. Protect specialized habitat for listed flora and fauna, and under-represented natural 33

communities. 3435

20. Detailed wildlife and plant surveys shall be performed in conjunction with each AIDA 36submittal consistent with local, State and Federal requirements in effect at the time of AIDA 37submittal. Exotic, invasive species shall be addressed in accordance with the Conservation 38Management Plan (CMP). 39

40

Page 11 of 90

10June 25, 2014

21. If protected species are found on-site, a management plan shall be prepared, if required, to 1supplement the adopted Conservation Management Plan, to mitigate any adverse effects the 2AIDA may have on the species. 3

422. Each AIDA will be responsible for consulting with the FWC in developing and adopting 5

conservation measures towards minimizing and managing human-wildlife conflicts. That 6responsibility shall include implementation and fiscal support for outreach and education 7programs consistent with FWC recommendations, including for “BearSmart Communities.”8

923. Except as otherwise allowable by this MDO or by permits obtained by developers from one 10

or more agencies including Volusia County Environmental Management, the Florida Fish 11and Wildlife Conservation Commission (FFWCC), the U.S. Army Corp of Engineers 12(ACOE) or the U.S. Fish and Wildlife Services (FWS), site development activities on the 13Property shall not result in the harming, pursuit of, or harassment of wildlife species 14classified as endangered, threatened, or a species of special concern (listed species) in 15contravention of applicable State or Federal laws. Should such listed species be at any time 16determined to be roosting or residing on, or otherwise significantly dependent upon the 17Property, the Developer shall take all steps required by local, State or Federal law, and the 18regulations and rules implementing the same, to conduct all necessary evaluations as to the 19impacts proposed as to any listed species and to provide appropriate protection to the listed 20specified identified in conformity with and to the satisfaction of all agencies of either the 21local, State or Federal government having jurisdiction over the same. Further, the Developer 22shall obtain such permits and licenses as are required under local, State and/or Federal law to 23ensure that the development program contemplated by this MDO is in full compliance with 24all applicable laws and regulations or rules implementing the same. The conservation, 25preservation and management of existing regionally - and locally - significant natural 26resources shall be identified in the adopted CMP. 27

2824. The Southwest Wildlife Corridor includes portions of the GreenKey land and Mandatory 29

Resource Based Open Space located within the SDA (see Exhibit 6). These lands combined 30create an undulating corridor that is approximately one mile in width. Lands within the 31Southwest Wildlife Corridor shall be managed consistent with a conservation management 32plan designed to provide prescribed fire, promote dense understory vegetation such as 33palmetto, and encouragement of uneven-age management techniques and consistent with the 34black bear management plan. Within the Mandatory Resource Based Open Space, portions of 35the Southwest Wildlife Corridor lands shall be managed to protect wildlife habitat through 36conservation, enhancement and restoration. These Mandatory Resource Based Open Space 37portions of the Southwest Wildlife Corridor may include wetlands, flood plains, mitigation 38areas, vegetative buffers, and specialized habitat for flora or fauna which shall qualify as the 39minimum 25% requirement set forth in FG 2.4. 40

Page 12 of 90

11June 25, 2014

1The CMP within the Southwest Wildlife Corridor shall specifically address habitat 2requirements of the Florida Black Bear. The black bear management plan shall be developed 3in consultation with the Florida Fish and Wildlife Conservation Commission consistent with 4their Black Bear Habitat Management Guidelines and best available science. Lands 5designated as Mandatory Resource Based Open Space shall not be subject to the public 6access and shall be subject to the Black Bear Management Plan. 7

825. All of the GreenKey lands and some of the Mandatory Resource Based Open Space areas 9

have been identified by Volusia County as an area of interconnected natural systems of 10environmentally sensitive lands, including public and private conservation areas and lands 11linking these areas (including but not limited to agricultural/rural lands, scenic vistas, habitat 12buffers, and other open space connections) where possible to achieve wildlife and habitat 13connectivity. County Council adopted a CMP on March 21, 2013 with the goal of 14maintaining and enhancing wildlife and habitat connectivity. The management and oversight 15of these resources shall be coordinated by the owner, the COUNTY pursuant to the approved 16CMP, as required by the Farmton Local Plan. 17

1826. Each AIDA shall show the location of proposed wildlife crossing structures and include key 19

details such as key/target species anticipated to use each wildlife crossing; size of each 20crossing structure; how the various structures will be designed to accommodate all species 21anticipated to use them; and associated fencing and vegetation used at each proposed 22crossing. Each AIDA shall indicate such crossings on Map H.23

2427. Applicants for AIDAs shall consult with the Florida Fish and Wildlife Conservation 25

Commission and Volusia County on methodologies for conducting surveys for fish and 26wildlife species, measures for avoiding impacts to fish and wildlife species and their habitats, 27and recommendations for minimizing and/or mitigating unavoidable impacts. 28

293031

QUESTION 13 -- WETLANDS 3233

28. Avoidance and minimization of wetland impacts shall be consistent with the Volusia County 34Comprehensive Plan, the COUNTY Land Development Regulations, and applicable state and 35federal wetland permitting programs. 36

3729. A detailed inventory of all wetlands and environmentally sensitive lands shall be performed 38

in conjunction with each AIDA submittal. 3940

Page 13 of 90

12June 25, 2014

30. Detailed historic hydroperiods and seasonal high water elevations shall be provided for each 1AIDA. 2

331. Proposed hydroperiods, seasonal water elevations and methods of preservation shall be 4

provided at the time of each AIDA submittal. Wetland enhancement areas, if needed, shall 5be determined during each AIDA submittal. Detailed data regarding wetland mitigation shall 6be provided during the AIDA process, if necessary. 7

832. All preserved wetlands within a Sustainable Development Area shall have an average 75 feet, 9

but no less than 50 feet, upland buffer width. Wetlands within GreenKey lands shall have an 10average 100 feet, but no less than 75 feet, upland buffer width. If different buffer widths are 11required by a permitting agency, the wider buffer shall apply. 12

1333. Proposed activities within the Farmton Local Plan shall be planned to avoid adverse impacts 14

for wetlands and the required buffers as described in condition 32. Land uses which are 15incompatible with protection and conservation of wetlands shall be directed away from 16wetlands. However, it is recognized that the development of educational facilities and 17clustering of development in the Town Center and Work Place districts, necessary to ensure a 18compact development pattern within the urban core, may result in the loss of some wetlands. 19If these wetland impacts cannot be avoided, the developer shall impact only those wetlands 20which are determined through applicable regulatory review to be of low ecological 21significance to the overall integrity of the larger wetland regime. Impacted wetlands shall be 22evaluated through the applicable federal, state and county regulatory review, with the goal of 23avoiding wetland impacts to the fullest extent practicable. Where land uses are allowed to 24occur, mitigation shall be considered as one means to compensate for loss of wetlands 25function, so as to ensure that there is no overall net loss of wetland function and value. In 26cases where alteration of the minimum required buffer as indicated in condition 32 above is 27determined to be unavoidable, appropriate mitigation shall be required. It is also recognized 28that impacted or isolated wetlands may be enhanced or restored as part of water resource 29development or an approved alternative water supply project. 30

3134. Development activities within or associated with the Farmton Master DRI must comply with 32

all applicable local, state and federal wetland permitting requirements in effect at the time the 33development activity is proposed. 34

3535. Development activities within or associated with the Farmton Master DRI must comply with 36

the adopted Conservation Management Plan. 37383940

Page 14 of 90

13June 25, 2014

QUESTION 14 – WATER12

36. In order to ensure sustainability of water resources and to provide for an efficient use of 3water resources, site-specific surface water data and groundwater for the Sustainable 4Development Areas shall be provided at the time of each AIDA. 5

637. Best management practices recommended by the St. Johns River Water Management District 7

shall be implemented for developed portions of the Sustainable Development Areas to 8minimize impacts on receiving surface waters. 9

1038. Stormwater reuse ponds may be used to further reduce discharge of runoff by distributing 11

captured stormwater throughout the development for irrigation and, where possible, for other 12uses which do not require potable water or it may be treated so that it qualifies as and 13supplements potable water supplies. 14

1516

QUESTION 15 – SOILS 1718

39. Because site-specific development impacts have not been identified in the AMDA, details 19regarding subsidence, the protection and/or use of geological features, specific construction 20methods that take into account soil limitations, steps taken during site preparation and 21construction to prevent or control wind erosion, detailed information regarding proposed 22plans for clearing, grading, and erosion control, as well as the use of fill or placement of spoil 23shall be addressed with each individual AIDA. 24

2526

QUESTION 16 – FLOODPLAINS2728

40. Impacts to the 100-year flood plain shall be minimized. Any impacts shall be fully mitigated 29by providing compensating storage on-site. 30

3141. Post development flood prone areas shall be identified as part of each AIDA submittal. 32

3342. Each AIDA shall provide a flood study with sufficient engineering analysis to establish a 34

Base Flood Elevation (BFE), which considers the Deep Creek Stormwater Master Plan as 35prepared by CDM, Inc, on behalf of the County, dated July 2009. 36

3743. Detailed information regarding impacts to the floodplains and potential mitigation shall be 38

provided with each AIDA submittal. 3940

Page 15 of 90

14June 25, 2014

44. Each AIDA shall provide evidence that the finished floor elevation of all buildings and all 1roads and other infrastructure required by the Volusia County Land Development Code in 2effect at the time of AIDA submission will be located above the 100-year flood plain. 3

445. Applicants for AIDAs within the Deep Creek Drainage Basin will need to consider the Deep 5

Creek Stormwater Master Plan, as may be amended or replaced by the COUNTY from time 6to time, when assessing floodplain impacts within the basin. 7

846. Development within or associated with the Farmton Master DRI must comply with the 9

adopted Conservation Management Plan. 101112

QUESTION 17 – WATER SUPPLY1314

47. Farmton Water Resources LLC and the City of Edgewater are the authorized water providers 15for the Farmton Local Plan properties.16

1748. Details regarding water supply shall be provided with each AIDA submittal and shall be 18

consistent with the Farmton Local Plan, specifically Objective FG 4, Policies FG 4.2.c, FG 194.5 through 4.9, and FG4.14 through 4.21. 20

2149. Operation and maintenance responsibilities of the central potable water system shall be 22

established with each AIDA submittal. 2324

50. The goal is for development within Farmton to achieve water neutrality. All residential 25development must comply at a minimum with Florida Water StarSM Standards for silver 26certification, with gold standard the preference. Non-residential development shall meet 27Florida Water StarSM silver certification standards unless otherwise waived by Volusia 28County staff in the interest of moderate income or higher wage job creation or economic 29development that increases Volusia County’s gross domestic product. 30

3151. Water design shall incorporate conservation measures and water reuse so that as nearly as 32

possible it incorporates water neutrality into the construction and operation of the 33development such that potable water supply would equal water saved through conservation 34and reuse. Water neutrality shall mean that potable and nonpotable sources of water are 35provided solely within the boundaries of the Farmton Local Plan and sources outside the 36boundaries of the Farmton Local Plan are not needed to support new development. 37

3852. Landscaping materials planted within Farmton shall be Florida Friendly as indicated at 39

www.floridayards.org. Development within Farmton shall employ proper design to 40

Page 16 of 90

15June 25, 2014

minimize the removal of existing, native vegetation or planting with Florida Friendly plants 1so that many of these open spaces do not require irrigation. 2

34

QUESTION 18 – WASTEWATER MANAGEMENT 56

53. Details regarding wastewater management shall be provided with each AIDA submittal and 7shall be consistent with the Farmton Local Plan, specifically Objective FG 4, Policies FG 84.19 through 4.21. 9

1054. The use of septic tanks shall not be allowed within the Farmton MDRI except under the 11

following limited circumstances as otherwise approved by the County: 1213

a. Septic systems may only be utilized to serve passive, recreational facilities, recreational 14trail facilities, or environmental education centers on Greenkey lands that are remote 15from central wastewater systems (more than 1/4 mile from the nearest existing 16wastewater line). 17

18b. A discharge limit of 10 milligrams per liter of total nitrogen is required (nitrogen-19

reducing performance-based treatment system) for every septic system serving the uses 20listed above. 21

2255. The operation and maintenance responsibilities of the central wastewater management 23

system shall be established with each AIDA submittal, except for park and recreational 24facilities or other remote, isolated property not served by extended utility lines, and otherwise 25approved by the County. 26

2728

QUESTION 19 – STORMWATER MANAGEMENT 2930

56. A stormwater management plan for each AIDA shall utilize existing surface waters and 31wetlands in conjunction with man-made treatment ponds for stormwater management. The 32conveyance of off-site stormwater in the pre-development condition shall be maintained to 33the existing outfall locations. 34

3557. Post-development stormwater management areas shall be identified in each AIDA. Within 36

each Sustainable Development Area, the stormwater management system may combine wet-37detention ponds, stormwater reuse ponds, bio-retention swales, and restoration of natural 38hydroperiods in the on-site wetlands, as approved by the COUNTY and St. Johns River 39Water Management District (SJRWMD). 40

Page 17 of 90

16June 25, 2014

158. The proposed rate of discharge from the post-development site shall be less than or equal to 2

the pre-development discharge rate for the 25-year/24-hour storm event. The site discharges 3shall be minimized by on-site detention within the stormwater management system and the 4recycling of stormwater for non-potable water used throughout the development. 5

659. Operation and maintenance responsibilities for the stormwater management system shall be 7

established with each AIDA. 89

60. Development within Farmton or development associated within Farmton shall comply with 10all local, state and federal stormwater permitting requirements in effect at the time the 11development activity is proposed. 12

1361. A nutrient analysis addressing TMDL regulations and a Basin Management Action Plan shall 14

be submitted with each AIDA where impaired water bodies are impacted. A dual treatment 15system (wet detention and dry retention) may be required if the treatment efficiency required 16is greater than 64.5%.17

1819

QUESTION 20 – SOLID WASTE 2021

62. Detailed information regarding volume of industrial, hazardous, medical or other special 22wastes shall be provided at the time of AIDA submittal, where applicable. Details regarding 23hazardous or toxic materials which may be generated within an SDA shall be provided at the 24time of AIDA submittal, if applicable. Detailed information regarding types and volumes of 25waste and waste disposal areas shall be provided at the time of AIDA submittal, where 26applicable. 27

2863. Each AIDA shall require that all solid waste, yard waste, construction and demolition debris, 29

commercial waste collection and recyclable contracts include provisions for such disposal at 30the Volusia County Tomoka Farms Road Class I Landfill Facility, 1990 Tomoka Farms 31Road, Port Orange, Florida or The West Volusia Transfer Station, 3151 East State Road 44, 32DeLand, Florida as a condition of approval. 33

3435

QUESTION 21 – TRANSPORTATION 3637

64. The study areas of subsequent AIDAs shall be determined in accordance with applicable DRI 38review standards and will address significant impacts defined under section 380.06, Florida 39Statutes (2009), and in accordance with policy FG 8.10a of the FLP. 40

Page 18 of 90

17June 25, 2014

165. The transportation analysis included in the AMDA is to be used for long-range planning 2

“snap shot” to ensure that future increments of the MDRI provide for an efficient and 3sustainable transportation system. The analysis provides for a projection of potential 4transportation impacts based on the built-out estimation of the MDRI and assumes existing 5travel characteristics that do not include significant multi-modal options. The AMDA 6methodology and study is adequate for this “snapshot” purpose, but further validation is 7required with AIDA transportation studies which shall follow the standard DRI review 8processes and procedures. It is understood by all parties that the timing and mix of actual 9development programs, conditions, and technologies will change over the life of Farmton. 10Changes to the assumptions, including but not limited to internal capture, trip generation, 11modal split, etc. will need to be updated as part of the processing of future AIDAs and their 12respective monitoring and modeling requirements. 13

1466. The MDRI is to be developed as a sustainable community and will emphasize the need to 15

provide for multi-modal forms of transportation. The land use policies established in this 16MDO and the related comprehensive plan goals, objectives and policies establish standards 17for transit-oriented development that will maximize internal capture within the MDRI. The 18ultimate goal is to lower the vehicle miles traveled (VMT) within and external to Farmton. 19Each AIDA application shall include standards/strategies for multi-modal transportation 20systems based on those projects previously approved within the Farmton MDRI and those 21that are being permitted as part of the AIDA application. It is understood that all transit 22operations must comply with the requirements of fiscal neutrality as established in this MDO. 23Additionally, transit planning and operations shall be coordinated with Votran, Space Coast 24Area Transit and the City of Edgewater (Restoration) to ensure connectivity and 25compatibility of the different systems. The standards/strategies for the AIDAs may include 26provisions from the following documents, but are not limited to these standards since 27technology and operations will change over time: 28

29a. A Framework for Transit-Oriented Development in Florida prepared for FDOT, March 30

201131b. Transit Development Design Guidelines Votran, February 26, 2008 32c. Strategies of the National Complete Streets Coalition and Smart Growth America 33d. Strategies of the Center for Transit-Oriented Development 34

3567. (FG 5.7) The FLP establishes a transportation spine network of arterial roads that identifies 36

approximate alignments and right-of-way widths of the arterials and interchanges consistent 37with the needs of access between major uses on-site and access to the external transportation 38network. The timing of the construction of the facilities listed below shall be consistent with 39the cumulative access and external network connectivity needs of each AIDA and shall be 40

Page 19 of 90

18June 25, 2014

coordinated with FDOT, the River to Sea Transportation Planning Organization (R2CTPO), 1Volusia County, Brevard County and affected municipalities. The final alignment may be 2impacted by such factors as wetland avoidance, habitat avoidance, final design criteria, and 3utility impacts. Construction of the transportation spine network is the sole responsibility of 4the owner/developer. Additionally, the roadway corridors within the Farmton MDRI will be 5sized and designed to accommodate multi-modal forms of transportation in a manner that 6ensures compatibility and connectivity with providers of regional systems. The following 7identifies the minimum right-of-way widths and connections of the transportation spine 8network:9a. A 200-feet-wide multi-modal right-of-way shall be preserved through the FLP area for 10

Maytown Road. Direct access from Maytown Road to SR 415 shall be required within 11five-years of the commencement of any development within the FLP occurring on, or 12accessing Maytown Road. The improvement of Maytown Road shall provide for 13adequate path crossings, wildlife crossings, elevated roads, and utility crossings, as set 14forth in FG 2.18 of the Volusia County Future Land Use Element. Additionally, any 15improvements or reconstruction of Maytown Road shall take into account the potential 16designation of this road as an emergency evacuation route for southeast Volusia County. 17Should the developer(s)/landowner(s) of Farmton wish to establish a higher level of 18maintenance than routinely applied by the COUNTY to other public collectors and 19arterials, Farmton shall absorb the additional maintenance costs. 20

b. In accordance with Policy FG 5.7 (b) of the FLP, a future interchange access to Interstate 2195 at the existing Maytown Road underpass shall be constructed subject to the procedural 22requirements set for by Florida Department of Transportation (FDOT) for interstate 23connections. Adequate setbacks from the proposed interchange shall be required to 24protect the traffic-handling capacity of the proposed interchange. Planning for this 25interchange is a vital component of the overall transportation system and network. 26Coordination with the COUNTY, R2CTPO, FDOT and Federal Highway Administration 27(FHWA) shall be required to start with the approval of the MDRI DO and shall be 28required to be addressed in the application of AIDAs. It is understood by the applicant 29that they or their assigns are responsible to arrange for the funding from developer, State 30and/or Federal sources for the planning, design and construction of interchanges with 31interstate highways and these actions requires extensive time and that any monitoring and 32modeling program required of the MDRI and AIDAs shall ensure the interchange 33justification process is initiated in accordance with FHWA procedures and requirements. 34It is further understood that development shall not be permitted when existing 35interchanges are anticipated to operate below adopted levels of service and improvements 36are not deemed feasible at existing interchanges, until the I-95/Maytown Road 37interchange is in place and operations. Impacts from the individual AIDAs on the 38existing interchanges at SR 442 and CR 5A, as well as the proposed interchange at 39

Page 20 of 90

19June 25, 2014

Maytown Road, shall be mitigated in accordance with the applicable regulations and 1standard procedures for DRIs and the conditions of this Development Order. 2

c. A 200-feet-wide multi-modal right-of-way shall be preserved for the proposed Deering 3Parkway (formerly known as (FKA) Williamson Boulevard Extension) from the SR 442 4Extension, through the FLP in Brevard County, with access to the existing Interstate 95 5interchange at CR 5A. Farmton shall absorb all maintenance costs for Deering Parkway 6as long as it remains a private facility. In the event that Deering Parkway is dedicated as a 7public roadway, Farmton shall absorb the maintenance costs for the roadway that exceed 8the standard maintenance level-of-service costs for a typical public collector or arterial 9roadway.10

d. The proposed Deering Parkway (FKA Williamson Boulevard Extension) shall connect to 11the existing CR 5A interchange at I-95. Development setback from the proposed 12interchange shall be required to protect the traffic-handling capacity of the proposed 13interchange.14

e. A 200-feet-wide multi-modal right of way for a new northwest quadrant connection 15between Deering Parkway (FKA Williamson Boulevard Extension) and Maytown Road 16shall be provided known currently as Arterial A, and its location is generally depicted on 17the Farmton Local Plan map (Map H and Map H-1). Farmton shall absorb all 18maintenance costs for Arterial A as long as it remains a private facility and is not 19designated as a County Thoroughfare. In the event that Arterial A is dedicated as a 20public roadway and is designated by Volusia County as a County Thoroughfare, Farmton 21shall absorb the maintenance costs for the roadway that exceed the standard maintenance 22level-of-service costs for a typical public collector or arterial roadway. 23

2468. (FG 2.18b)As Maytown Road and Arterial A are improved as required by the FLP to 25

accommodate the long term regional transportation needs of the area they shall be designed 26consistent with the following additional design guidelines: 27a. Promotes “parkway” look with appropriate natural buffer between the roadways and the 28

adjacent areas; 29b. Minimizes any impacts to habitat and species conserving habitat connectivity by 30

innovative measures; 31c. Follows, where feasible, existing road alignments through environmentally sensitive 32

areas although alignments may be realigned to provide for greater public safety or natural 33resource protection; 34

d. At a minimum, the road design will mitigate for adverse impacts or maintain the existing 35habitat connectivity levels for wildlife afforded by the current road and traffic levels to 36the maximum extent practicable under the best available science as determined by 37FFWCC. 38

39

Page 21 of 90

20June 25, 2014

69. (FG 2.18c)The design of Maytown Road and Arterial A as required by the FLP should 1include the following criteria for features and construction: 2a. Consideration of re-alignment of the existing right of way in locations which would 3

reduce impacts on natural resources and/or enhance public safety; 4b. Include provisions for wildlife underpasses or overpasses of appropriate widths across 5

Cow Creek and the powerline wildlife corridors to encourage safe passage of wildlife; 6c. Design storm water treatment facilities to minimize habitat loss and promote restoration 7

of impacted sites and assure capture and treatment of runoff from bridges; 8d. Provide non-intrusive roadway and bridge lighting; 9e. Incorporate safety and access design features to allow for the continuation of prescribed 10

burning in the area; 11f. Incorporate appropriate speed controls through sensitive areas. 12

1370. (FG 2.18a)The Transportation Spine Network as it traverses GreenKey lands shall be 14

designed to avoid and minimize conflicts between motor vehicles and the movement of 15wildlife. Tools to minimize this conflict include, but are not limited, to location criteria, 16landscaping techniques, fencing, speed limits, wildlife underpasses or overpasses, 17bridging, and elevating roadways. Transportation corridors shall be designed to avoid the 18areas permitted for mitigation banking. The Transportation Spine Network and approved 19trailheads are the only accesses permitted to traverse GreenKey lands to provide 20connections between Sustainable Development Areas, as well as provide connections to 21the external road network. Additional crossings shall not be permitted unless the 22COUNTY amends the Farmton Local Plan, and the COUNTY and appropriate parties 23modify the conservation easements/covenants and only after adequate data and analysis is 24provided which: 25

a. ensures that conflicts with wildlife, habitat, and flood plains are minimized, and 26b. ensures that mitigation bank lands will not be crossed or adversely impacted. 27

2871. Each AIDA shall reserve those portions of the Spine Transportation Network that 29

demonstrate access, right-of-way and connectivity are provided to support each phase of 30the proposed AIDAs and affected SDAs. All spine road rights-of-way as identified by 31the Farmton Local Plan needed to support a Sustainable Development Area (SDA), shall 32be identified by providing a surveyed centerline for the entire extent of said roadway, 33including associated rights-of-way prior to development. Any incremental DRI north of 34Maytown Road within an SDA that contains a portion of Arterial “A” shall also require 35the preparation and submittal of a surveyed centerline and right-of-way for the entire 36extent of the proposed Arterial “A” prior to development. 37

38Approved, surveyed centerlines for spine road rights-of-way may only be modified if 39consistent with the adopted CMP and approved by Volusia County, the 40

Page 22 of 90

21June 25, 2014

landowner/developer, and Brevard County (where applicable). Modifications should be 1based on final design considerations of soil conditions, wetland impact minimization, and 2roadway/transit design criteria per Volusia County standards and subject to approval of 3both parties. 4

5The landowner/developer, in cooperation with Volusia County and Brevard County shall 6identify the centerline and associated right-of-way alignment for Deering Parkway as it 7affects the shared County boundary. The surveyed centerline and right-of-way shall 8include the proposed alignment from Maytown Road in Volusia County to the I-95/CR 95A Interchange in Brevard County and through any adjoining SDA in either county.10

11The County shall verify that the necessary portions of the Spine Transportation Network 12(on and off-site) are provided concurrent with the impacts of development so that adopted 13levels of service are maintained. The applicant shall reserve said rights-of-way until final 14dedication of the Spine Transportation Network rights-of-way is accomplished by plat or 15other instrument deemed acceptable by the County. Development shall not commence 16within an AIDA or the phase of an AIDA until the rights-of-way for the Spine 17Transportation Network within the boundaries of the AIDA and off-site rights-of-way 18necessary to support the particular phase of development of the AIDA has been dedicated 19to the County in the case of Maytown Road, or in the case of Arterial “A” and Deering 20Parkway, dedicated as privately maintained rights-of-way or dedicated to the County.21

2272. The staging, financing, connectivity, and construction of the Spine Transportation Network 23

shall be established by each AIDA incremental development order. Connection(s) to 24previously approved/constructed segments of the Spine Transportation Network shall be 25addressed by each subsequent AIDA so that there is a logical extension and completion of 26the entire network. 27

2873. Each AIDA transportation study and each monitoring and modeling study shall ascertain the 29

Level of Service (LOS) on facilities where the AIDA is estimated to contribute an amount of 30traffic greater than or equal to five percent (5%) of the adopted LOS service volume. The 31methodology of the monitoring and modeling program and each AIDA transportation study 32shall be agreed upon by the COUNTY, ECFRPC, the City of Deltona, the Florida 33Department of Transportation (FDOT) and the AIDA applicant and/or master developer. 34The cities of Edgewater, Deltona, Oak Hill and New Smyrna Beach, as well as Brevard 35County, will be included in the methodology determination process as required by the FLP. 36The extent of each monitoring and modeling effort shall be similar to that required for an 37Application for Development Approval (ADA), but shall be consistent with the requirements 38of the Volusia County Concurrency Management System or its successor as it relates to 39facilities within that jurisdiction. All studies and monitoring and modeling programs shall be 40

Page 23 of 90

22June 25, 2014

consistent with the agreed upon methodology. Empirical data will be required to be collected 1for the monitoring and modeling program on facilities where it is estimated that the AIDA 2contributes an amount of traffic greater than or equal to five percent (5%) of the adopted 3LOS maximum service volume. A trip generation and internal capture study shall be 4performed to verify trip generation and internal capture assumptions for prior increments. In 5the event that all parties cannot come to agreement on the methodology, the ECFRPC, 6FDOT, and COUNTY shall be the final arbiters. The FDOT’s decision shall be final on state 7facilities, the COUNTY’s decision shall be final on Volusia County facilities and the 8ECFRPC shall be consulted on decisions as it relates to all other facilities of regional 9significance. Each monitoring and modeling study shall provide a roadway needs analysis for 10each future phase of the AIDA as well as the phase being tested for mitigation requirements. 11The facilities to be monitored and modeled for the next Phase or sub-phase shall include the 12regional roadways and one segment beyond where the AIDA is estimated to contribute a 13cumulative amount of traffic greater than or equal to five percent (5%) of the adopted LOS 14service volume. The analyzed facilities will include signalized intersections and link analyses 15of collector and higher classified roadways and interchange ramps. 16

1774. Farmton and developers of each AIDA shall coordinate with the COUNTY and the City of 18

Edgewater regarding existing and projected land use and socio-economic data utilized for 19updates to the R2CTPO Long Range Transportation Plan. 20

21QUESTION 22 – AIR QUALITY 22

2375. Specific dust mitigation activities during site preparation and construction shall be identified 24

with each AIDA. 2526

76. Specific structural or operational measures to minimize air quality impacts shall be identified 27with each AIDA. 28

2977. Air quality monitoring shall be provided at the time of each AIDA, if required. 30

3132

QUESTION 23 – HURRICANE PREPAREDNESS 3334

78. Measures to mitigate hurricane impacts for hotel/motel uses, if necessary, shall be addressed 35at the time of AIDA submittal. 36

3779. Detailed information regarding public hurricane shelter space requirements shall be provided 38

at the time of AIDA submittal, if required. 3940

Page 24 of 90

23June 25, 2014

80. Farmton shall cooperate and coordinate with efforts to study and potentially designate 1Maytown Road as a hurricane evacuation route. 2

381. Detailed information regarding evacuating vehicles and evacuation times during a hurricane 4

evacuation event shall be provided with each AIDA submittal, if required. In the event 5Maytown Road is designated as a potential, emergency evacuation route for southeast 6Volusia County, it should be included in the hurricane preparedness report.7

882. Specific actions or provisions to mitigate impacts on hurricane preparedness shall be 9

identified, if necessary, at the time of AIDA submittal. 1011

QUESTION 24 -- HOUSING1213

83. Detailed information for Table 24.A.1 of the Florida Department of Economic Opportunity 14Form RPM-BSP-ADA-1 shall be provided at the time of each AIDA submittal. 15

1684. Detailed information regarding the number and percentage of unimproved lots to be sold 17

without constructed dwelling units shall be provided at the time of each AIDA submittal. 1819

85. Detailed information regarding the target market for residential development shall be 20provided at the time of each AIDA submittal that includes a residential component. 21

2286. All AIDAs shall use the latest version of the FDEO Affordable Housing Methodology or the 23

ECFRPC’s Affordable Housing Methodology or an equivalent methodology approved as part 24of the AIDA pre-application process. 25

2687. At the time of the AMDA submittal, there were no residents on the property. 27

2829

QUESTION 25 – POLICE AND FIRE PROTECTION3031

88. Updated letters from the Sheriff’s Office and fire protection providers shall be provided with 32each AIDA. Details regarding conditions of police and/or fire rescue facilities dedications 33shall be established during the review of each AIDA, if applicable, and shall be through 34mutual agreement between the incremental developer, the COUNTY and the police and/or 35fire protection provider(s). 36

37383940

Page 25 of 90

24June 25, 2014

QUESTION 26 – RECREATION AND OPEN SPACE 12

89. Details regarding the provision of recreational facilities and open space for each SDA shall 3be provided with the submittal of each AIDA when more specific development details are 4known. Each AIDA shall provide a running total of open space, passive and active 5recreation and recreational facilities proposed and provided. 6

790. Detailed information regarding the closing of certain lands to hunting clubs will be provided 8

with each AIDA, if applicable. 910

91. Details regarding the dedication of parks and open space to the public shall be addressed with 11each AIDA. At the time of AMDA submittal, the APPLICANT had already dedicated 1,400 12acres of land to Volusia County to be known as the Deering Preserve at Deep Creek. 13

1492. Each AIDA will update, if necessary, how proposed recreation and open space plans are 15

consistent with local and regional policies. 1617

93. Details regarding coordination with existing recreational trails and improvements to new or 18existing recreational trails will be provided with each AIDA, if applicable. The Farmton 19Local Plan already provides a 100-feet-wide buffer on each side of the East Central Regional 20Rail Trail within the Farmton Local Plan Boundaries (FG 2.19e).21

2223

QUESTION 27 -- EDUCATION 2425

94. The Sustainable Development Area districts shall be designed and planned to ensure that the 26educational facilities are integral components within the community and that adequate school 27capacity can be timely planned and constructed to serve the anticipated population. 28

2995. Public school capacity shall be addressed by each AIDA that proposes residential 30

development in accordance with Objective FG 6.0 and its associated policies as contained in 31the adopted Farmton Local Plan as may be amended from time to time. Each AIDA that32proposes residential development shall address Question 27 in the Florida Department of 33Economic Opportunity form RPM-BSP-ADA-1 in full, unless waived or modified as a result 34of the AIDA pre-application conference. 35

3696. A full range of educational facilities such as public and private schools (elementary, middle 37

and high), universities, colleges, community colleges, or other post-secondary educational 38facilities, or research facilities, including environmental educational facilities are permitted 39throughout the SDA districts. 40

41

Page 26 of 90

25June 25, 2014

1QUESTION 28 – HEALTHCARE 2

397. The location and specific use of new medical facilities shall be determined at the time of each 4

AIDA submittal. Medical facilities shall be permitted in the Gateway District, the Town 5Center, the Work Place and the Village Centers in accordance with the adopted Farmton 6Local Plan as may be amended from time to time. 7

898. A letter from Bert Fish Medical Center and Halifax Health, or other state certified hospital 9

shall be provided for each AIDA submittal indicating its ability to serve the proposed AIDA. 10For each AIDA, Question 28 in the Florida Department of Economic Opportunity form 11RPM-BSP-ADA-1 shall be addressed in full, unless waived or modified as a result of the 12AIDA pre-application conference. 13

14QUESTION 29 – ENERGY 15

1699. Estimates of average daily electricity demand shall be provided at the time of each AIDA 17

submittal, including estimated demand by development phase. 1819

100. Estimates of industrial electricity demand shall be provided at the time of each AIDA 20submittal, if applicable, when the specific type of use has been established. 21

22101. If applicable, on-site electrical generating facilities shall be described at the time of each 23

AIDA submittal. 2425

102. Letters from off-site energy providers shall be provided at the time of each AIDA 26submittal indicating its ability to serve the proposed AIDA. 27

28103. Specific energy conservation strategies for building construction and site development for 29

each AIDA and each phase of development shall be provided at the time of each AIDA 30submittal. Strategies for energy conservation may include, but are not limited to, ENERGY 31STAR compact community design, walkability, bicycle accommodations, the use of solar-32powered technologies, green development practices in building design, construction and 33operation. In addition proposed development shall meet the requirements of a certification 34program from either USGBC LEED for Neighborhood Development, FGBC Green 35Development Designation Standard, or another third party program deemed comparable by 36University of Florida Program for Resource Efficient Communities (PREC) and Volusia 37County. At the time of each AIDA submittal, the developer shall identify which program(s) 38shall be utilized for that particular AIDA and what certification types and levels must be 39attained. If a third party program is preferred, it must be discussed and negotiated as part of 40

Page 27 of 90

26June 25, 2014

the AIDA pre-application conference. Residential development shall meet ENERGY 1STAR® standards. Non-residential development shall meet ENERGY STAR® standards 2unless otherwise waived by Volusia County staff in the interest of moderate income or higher 3wage job creation or that increases Volusia County’s gross domestic product. 4

56

QUESTION 30 HISTORICAL AND ARCHAEOLOGICAL SITES 78

104. The presence of historical resources shall be evaluated for each AIDA when site specific 9development areas have been established. A letter from the Florida Division of Historical 10and Archaeological Resources shall be provided at the time of each AIDA submittal. 11

121314

ADDITIONAL CONDITIONS1516

105. The MDRI shall comply with the provisions established in the FLP of the adopted 17Volusia County Future Land Use Element. This MDO and all subsequent AIDA shall be 18required to follow and implement the goals, objectives and policies established by the FLP as 19may be amended from time to time. In addition to the questions identified in Exhibit 3, the 20following items shall be identified and included as part of the individual AIDAs for 21subsequent increments: 22a. Specific form based design guidelines for the development of the increments and 23

determination of consistency and compatibility with prior increments. Design-based 24guidelines shall address the following issues: 25

i. Build-to lines 26ii. Lighting 27

iii. Walkability 28iv. Block Sizes 29v. Parking locations (on and off street) 30

vi. Fenestration/Architecture 31vii. Building Entrances 32

viii. Building scale and orientation 33ix. Public space standards/streets/squares/transit/bikes 34x. Street typing/classification/interconnection35

xi. Provisions for shade 36xii. Signs37

b. Fiscal Neutrality Report and Procedure for Monitoring Fiscal Neutrality of the increment, 38in accordance with Exhibit 5 of this MDO, Fiscal Neutrality Methodology. 39

Page 28 of 90

27June 25, 2014

c. Conservation Management Plan (CMP) for GreenKey and Resource Based Open Space 1included with the increment, as well as coordination with plans adopted for prior, 2approved increments. 3

d. Identification of proposed Conservation Covenants/Easements for GreenKey and 4Resource Based Open Space and integration into the CMP for the overall MDRI. This 5MDO authorizes the release of permanent conservation easements over all GreenKey 6lands within 60 days of approval and execution of this Master DRI Development Order 7and the removal of the reverter provision contained in the deed of the Deering Preserve at 8Deep Creek. This conversion is in acknowledgement of the permanent vesting of the 9Farmton development program of 23,100 dwelling units and 4.7 million square feet of 10non-residential uses (excluding schools and other institutional uses). 11

e. Detailed phasing plan for development within the increment, including timing and 12amount and phasing of residential and non-residential development. 13

f. Analysis showing that there is adequate supply of public infrastructure facilities and 14services including transportation, recreation, stormwater, and water supply for the 15proposed increment, as well as approved increments. 16

g. Provisions that a finding of school adequacy has been made by Volusia County School 17District.18

h. Requirements and standards for the implementation of water and energy conservation 19measures in the proposed increment. 20

i. Provisions relating to implementation of jobs to housing ratio , in accordance with 21Exhibit 7 of this MDO, Jobs to Housing Balance Methodology(if applicable). 22

j. Site Analysis of natural features including floodplains, drainage, wetlands, soils, habitat 23types, and a biological inventory. 24

k. Block layout, street classification and layout, and recreational space and landscaping 25plans.26

27106. Consistent with Objective 4 of the FLP, AIDAs shall incorporate a whole systems 28

approach to the design, development, construction and operations of the community that is 29consistent and compatible with the remainder of the MDRI. The FLP incorporates multiple 30standards and requirements for sustainability. The implementation of these sustainability 31standards requires an adaptive management approach that incorporates an iterative process 32consisting of: 33a. Identification of the specific elements of sustainability that are appropriate for the 34

particular AIDA area, given the requirements of Objective 3 of the Farmton Local Plan, 35which may include, but are not limited to; 36

i. Energy Conservation 37ii. Water Conservation 38

iii. Agricultural Lands Preservation39iv. Environmental Preservation 40

Page 29 of 90

28June 25, 2014

v. Recycling/Solid Waste Neutrality 1vi. Urban Form Principles, including core mixed-use areas (Town Square and Village 2

Centers) with vertical development components 3vii. Jobs/Housing Balance 4

viii. Mixture of Housing Types and Price Points that would support mass transit, 5especially within core mixed-use areas 6

ix. Efficient Infrastructure 7x. Reliance on Renewable Resources 8

xi. Public Outreach/Educational Opportunities Regarding Sustainability 9xii. Transportation Efficiency10

xiii. Water Quality Preservation 1112

b. Examination of successful implementation of various sustainable practices and 13applicability to the Farmton MDRI and the specific AIDA area that include, but are not 14limited to USGBC LEED for Neighborhood Development, FGBC Green Development 15Designation Standard, a combination thereof, or another third party program deemed 16comparable by University of Florida Program for Resource Efficient Communities 17(PREC) and Volusia County. At the time of each AIDA pre-application, the developer 18shall identify which program(s) shall be utilized for that particular AIDA and what 19certification types and levels must be attained; 20

c. Development of a set of quantitative and qualitative standards for evaluation of the 21sustainability of the AIDA and its compatibility with surrounding areas within the 22Farmton MDRI; and, 23

d. Establishment of a monitoring program that evaluates the success and applicability of the 24sustainability standards and requirements approved for the AIDA, as well as corrective 25measures that can ensure that the AIDA meets the overall goals of sustainability.26

e. The implementation and monitoring provisions shall demonstrate prior increments. 27f. The standards for sustainability and the monitoring program shall be discussed as part of 28

the pre-application process for each AIDA. 29g. Each AIDA applicant shall coordinate with Volusia County to establish general 30

Conditions, Covenants and Restriction (CC&R) principles regarding landscaping, 31irrigation and fertilizer use: 32

i. Emphasis on trees, shrubs and groundcovers requiring minimal irrigation for 33establishment only and minimal fertilization 34

ii. Properties shall not use potable water for landscape irrigation. Separate potable 35water irrigation meters shall not be permitted within Farmton. All residential 36areas shall be deed-restricted to prohibit individual, private irrigation wells. 37

iii. Strict adherence to the COUNTY’s and St. Johns River Water Management 38District’s watering/irrigation restrictions in effect is required. All automatic 39

Page 30 of 90

29June 25, 2014

irrigation systems must be equipped with a functional rain sensor or soil moisture 1sensor.2

iv. Individual, private, on-site irrigation wells (not part of a central utility system) 3shall be prohibited 4

v. Restrictions on fertilizer use, which may include a prohibited application period 5of June 1st through September 30th, during which no nitrogen or phosphorus may 6be applied. May prohibit any application of phosphorus without a soil or tissue 7test documenting a phosphorus deficiency, and require at least 50% slow release 8nitrogen. Prohibit the application of fertilizer within fifteen feet of any water 9body or within any required wetland buffer. 10

11107. The following identifies minimum requirements for the development of the various 12

SDA's. 13a. The Gateway District is a distinct geographic area located at the northern end of the 14

MDRI which is the closest tract to SR 442 and the I-95 Interchange. It is separated from 15the Sustainable Development Areas to the south by significant wildlife corridors, and 16connected to other SDAs districts via a 200 foot wide transportation corridor. Permitted 17uses include single family, townhome, and multi-family residential to create a diversity of 18residential types and price points. Non-residential permitted uses include retail, office, 19warehousing/light industrial, hotel and institutional. The most appropriate uses are those 20that would benefit by proximity to an interstate interchange, e.g. warehousing, light 21manufacturing, hotel, office, retail. Multi-family is an approved use in order to provide 22workforce housing for the area. The Gateway district development shall adhere to the 23following:24i. Development must be compatible with and complement the development and 25

conservation management plans of the Restoration Sustainable Development 26District within the City of Edgewater adjacent to the Gateway district. All 27infrastructure planning and capital improvements in the Gateway district shall be 28coordinated with the Restoration DRI and the City of Edgewater. 29

ii. Deering Parkway (FK Williamson Boulevard Extension) through Gateway district 30should be aligned as far eastward as practicable. 31

iii. Development will target the interstate commerce market as well as local markets. 32iv. Single use development is permitted, although mixed use, vertical construction 33

development is encouraged. 34v. Big box retail is permitted subject to compatibility requirements to be established 35

by the land development code. 36vi. The following table summarizes the minimum mixture of land uses required 37

within the Gateway District. 383940

Page 31 of 90

30June 25, 2014

Gateway District Land Use Mix Requirements 1Use Minimum % of Gateway

District Acreage Office 20 Retail 10 Manufacturing/Research & Development

15

Residential 20 2

b. The Town Center district shall serve as the social, cultural, economic, civic, and 3educational hub of the Farmton development. Permitted uses include office, retail, single 4family and multi-family residential, hotel, educational facilities, medical facilities, 5religious facilities, active and passive recreational facilities. Town Center district 6development shall adhere to the following guidelines: 7i. Development of the Town Center district will reflect the characteristics of a 8

traditional downtown centered around a Town Square. 9ii. The Town Square shall be the focal point of the Town Center district. It shall be 10

centered around active open space and the highest concentration of residential and 11non-residential uses shall front on the open space. 12

iii. The Town Center district will house the majority of the civic uses within the FLP 13including, but not limited to, cultural amenities, art, museums, theater, public 14safety, government offices, gathering/meeting places, regional parks, day care 15centers, educational facilities, and similar type uses. 16

iv. A system of interconnected streets, pedestrian paths and bikeways will be 17incorporated in the design. 18

v. Deering Parkway (FKA Williamson Boulevard Extension) should be oriented to 19one side of the Town Center district. 20

vi. When public transportation services are operating and available to serve Farmton, 21a transit station shall be located within the Town Center district, with an adjacent 22park and ride lot. 23

vii. The following table summarizes the minimum mixture of land uses required 24within the Town Center District. 25

2627

Town Center District Land Use Mix Requirements 28Use Minimum % of Town Center

District Acreage Office 20 Retail 20 Parks & Civic 10

Page 32 of 90

31June 25, 2014

Residential 25 Light Industrial 5

12

c. The Work Place district is intended to provide and promote employment centers as well 3as provide work force housing in close proximity. Permitted uses include office, 4warehousing, light manufacturing, research and development, retail, multi family, hotel, 5recreational, and institutional uses and may include universities, colleges, community 6colleges, or other educational facilities. Work Place district development shall adhere to 7the following development guidelines: 8

9i. Primary location for corporate headquarters, campus office parks and research 10

parks.11ii. Primary location for higher education level learning centers such as colleges, 12

universities, high schools, and technical institutes. 13iii. Locate workforce housing within close proximity to employment centers. 14iv. The following table summarizes the minimum mixture of land uses required 15

within the Work Place District. 161718

Work Place District Land Use Mix Requirements 19Use Minimum % of Work

Place District acreage Maximum % of

Work Place District acreage

Office 20 50 Retail 10 15 Research & Manufacturing 20 50 Residential 10 15 Light Industrial 5 20

2021

d. Villages are compact residential areas containing a mix of residential housing types to 22encourage affordability for a wide range of economic levels. Villages shall be supported 23by internally designed mixed use village centers which provide key goods and services 24and public facilities at the neighborhood level. Villages shall be surrounded by large 25expanses of Resource Based Open Space that are designed to protect the character of the 26rural landscape. Villages shall adhere to the following basic guidelines: 27i. Villages shall include compact design that includes a system of land subdivision 28

and development which links one neighborhood to another.29

Page 33 of 90

32June 25, 2014

ii. Villages shall include interconnected streets that are designed to balance the needs 1of all users, including pedestrians, bicyclists and motor vehicles, and which are 2built with design speeds that are appropriate for Neighborhoods. 3

iii. Villages shall include alternatives for pedestrians and bicyclists through the 4provision of sidewalks, street trees and on-street parking which provide distinct 5separation between pedestrians and traffic, spatially define streets and sidewalks 6by arranging buildings in a regular pattern that are unbroken by parking lots; and 7provide adequate lighting that is designed for safe walking and signage which has 8a pedestrian orientation. 9

1011

Village Center Land Use Mix Requirements 12Use Minimum % Village Center

AcreageOffice 10 Retail 15 Parks/Civic 20 Residential 25

1314

Jobs to Housing Balance 1516

108. The MDRI shall contain the mixture of uses designated to provide for a balance of 17commercial, residential, recreational (active and passive) open space, employment, resource 18protection, educational, institutional and other supporting uses. The provision of a balanced 19development pattern will provide for housing and job opportunities. In order to assure a 20balanced development pattern, a set ratio of jobs to housing shall be determined for each 21AIDA, except for increments located in the Gateway District. Each AIDA shall conform to 22the methodology requirements and other provisions contained in Exhibit 7 of this agreement. 23

24Firewise Development Standards 25

26109. As a condition of approval for each incremental development order, the Applicant must 27

contact the Florida Forest Service, or its successor agency, and consult with them regarding 28firewise community planning practices. The recommendations of the Florida Forest Service 29shall be incorporated, where practicable, into the incremental development order. Each 30incremental development order shall also include provisions that require as part of the 31development review process that a covenant shall be placed on properties within the SDA 32districts to notify those property owners and residents that the nearby conservation areas may 33be managed by prescribed fire as part of a conservation management plan. 34

Page 34 of 90

33June 25, 2014

1In addition, each AIDA shall coordinate with the Florida Forest Service regarding a Wildfire 2Prevention and Mitigation Plan based upon National Fire Protection Association Standards to 3reduce wildfire risk factors. 4

56

Fiscal Neutrality 78

110. Fiscal Neutrality. Each AIDA shall comply with the provisions of Exhibit 5 of this 9MDO. 10

11Community Development District 12

13111. The Applicant and subsequent developers of increments of this DRI may, in its 14

discretion, elect to petition for the formation of a Community Development District to serve 15all or a portion of Farmton pursuant to Chapter 190, F.S., as the same may be in effect from 16time to time. The COUNTY hereby gives its approval that such a district may be formed to 17undertake the construction and/or funding of all or any of the mitigation and public 18infrastructure projects subject to the limitations incorporated within Chapter 190, F.S. for 19which the Applicant is responsible under the terms of this MDO, or terms of subsequent 20AIDA submittals, whether within or outside the boundaries of the District to be formed, and 21including the payment of mitigation amounts provided for in this MDO or any permits 22obtained by the Applicant as a part of - and incidental to the development contemplated by 23this MDO. This provision shall not be construed to require the formation of such a District, 24nor shall it be construed to require the approval of any petition to form such a District. 25However if the Applicant elects to form such a District, it shall be construed that the 26COUNTY will not oppose the formation of the same in the absence of a demonstrable 27showing by a clear preponderance of the evidence that the formation of such a CDD would 28be contrary to the public interest, health, safety and welfare of the COUNTY and its 29residents. Absent such showing the Petition to form a CDD will be approved in the ordinary 30course in accordance with the requirements of Chapter 190, F.S. 31

32Any such CDD shall be self-funding, and shall exclude any Tax Increment Financing (TIF) 33method. 34

35Biennial Reporting36

37112. A biennial report for the Master DRI shall be prepared and distributed on or before the 38

anniversary date of the alternate years of the effective date of this MDO until January 1, 392068, or until the Master DRI is built out, whichever date is later. The report shall be 40

Page 35 of 90

34June 25, 2014

distributed to the City of Deltona, the City of Edgewater, the City of Oak Hill, the City of 1New Smyrna Beach, Brevard County, Volusia County, the ECFRPC, the FDEO, the FDOT, 2the FFWCC, VGMC and all affected permit agencies. The report shall include a statement 3that all persons/agencies listed above have been sent copies of the biennial report and shall be 4presented in a format as depicted in the Development Summary Table provided by the 5ECFRPC. The report shall also include any information specifically required to be included 6by the conditions of this MDO as well as the information required by Chapter 380.06, F.S. 7and Rule 73C-40, F.A.C., including at a minimum the following: 8

9a. Any changes in the plan of development or in the representation contained in the AMDA, 10

or in the AIDA for subsequent incremental developments. 11b. A summary comparison of the development activity proposed and actually conducted for 12

the entire MDRI and each increment that occurred over the past two (2) years since the 13prior biennial report. 14

c. A specific assessment of the developer's and the COUNTY's compliance with each 15individual condition of approval contained in the DRI DO and the commitments which 16are contained in the AMDA and AIDAs that have been identified by the reviewing 17agencies as being significant. 18

d. All AIDAs or request for a substantial deviation determination that were filed in the 19reporting year and to be filed during the next year.20

21Commencement of Development 22

23113. Development shall commence in accordance with the deadline(s) established in future 24

AIDAs, but in no case shall development within SDA land use designation commence prior 25to March 30, 2017. 26

27Projected Build-out 28

29114. The Farmton MDRI is being built out in increments. The build out of the final increment 30

is projected to occur December 31, 2060. 3132

Basis for Denial3334

115. A finding by the County Council of inconsistency between the Comprehensive Plan of 35Volusia County and an AIDA shall serve as a basis for denial of an AIDA, or finding by the 36County Council of an inconsistency between the MDO and an AIDA shall serve as the basis 37for denial of an AIDA. 38

3940

Page 36 of 90

35June 25, 2014

General Provisions12

116. The approval by this MDO is limited to the terms herein. Such approval shall not be 3construed to relieve the owner(s) or incremental developer(s) of the duty to comply with all 4other local, state and federal permitting regulations 5

6117. This MDO is intended to provide the owner(s) and incremental developer(s) with the 7

maximum amount of flexibility to implement the long term planning goal, objectives and 8policies set forth in the Farmton Local Plan. Therefore, to the extent that Florida Statutes 9provide for alternative planning programs that provide greater flexibility to achieve the 10planning goals of the owner(s), the COUNTY or the incremental developer(s), the owner(s) 11and/or the incremental developer(s) may choose to utilize those programs to implement the 12development program set forth herein or set forth in any subsequent AIDA, subject to review 13and approval by the COUNTY, and as appropriate, subject to review of the ECFRPC and the 14VGMC. 15

16118. The terms of this MDO shall run with the land and be binding on, and inure to the benefit 17

of the owner, its successors in interest and assigns. The owner may assign this MDO and all 18its rights and obligations hereunder to its heirs, legal representatives, successors-in-interest 19and/or person, firm, corporation, or entity. 20

21119. In the event any portion or section of this MDO is determined to be invalid, illegal or 22

unconstitutional by a court or agency of competent jurisdiction, such decision, shall in no 23manner affect the remaining portions or sections of this MDO which shall remain in full 24force and effect. 25

26120. Copies of this MDO shall be furnished to the Owner, Brevard County, the Florida 27

Department of Economic Opportunity, the VGMC, the ECFRPC and the City of Deltona. 2829

121. This Master Development Order shall become effective as provided by law. 3031

122. This MDO shall be recorded in the Public Records of Volusia County, pursuant to 32Section 380.06(15)(f), Florida Statutes. 33

34

35363738394041

Page 37 of 90

36June 25, 2014

ADOPTED BY THE COUNTY COUNCIL OF THE VOLUSIA COUNTY, 1FLORIDA, IN OPEN MEETING DULY ASSEMBLED IN THE COUNTY CHAMBERS 2AT THE THOMAS C. KELLY ADMINISTRATION CENTER IN THE CITY OF 3DELAND, FLORIDA, THIS ___ DAY OF ____, 2014. 4

56

COUNTY COUNCIL 7ATTEST: COUNTY OF VOLUSIA, FLORIDA 8

91011

_____________________ ____________________________ 12 James T. Dinneen, County Manager Jason P. Davis, County Chair 13

14List of Exhibits 15

16Exhibit 1. Legal Description and sketch of DRI property 17Exhibit 2. Conceptual Development Plan (Map H)18Exhibit 3. Master DRI Agreement 19Exhibit 4, Conversion Matrix (FG 8.6) 20Exhibit 5. Fiscal Neutrality Methodology 21Exhibit 6. SW Wildlife Corridor Map 22Exhibit 7. Jobs Housing Balance Methodology23

Page 38 of 90

FARMTON VOLUSIA COUNTY

ALL OF SECTIONS 10 THROUGH 14, PART OF SECTIONS 15 AND 22, ALL OF SECTIONS 23 THROUGH 28, AND ALL OF SECTIONS 31 THROUGH 36, TOWNSHIP 18 SOUTH, RANGE 33 EAST,

TOGETHER WITH A PART OF SECTION 17, ALL OF SECTION 18 AND 19, A PART OF SECTION 20, ALL OF SECTIONS 29 THROUGH 32, AND A PART SECTION 43, TOWNSHIP 18 SOUTH, RANGE 34 EAST,

TOGETHER WITH ALL OF SECTIONS 1 THROUGH 4, A PART OF SECTIONS 5, 6, 7, 8, ALL OF SECTIONS 9 THROUGH 15, PART OF SECTION 16, ALL OF SECTION 17, PART OF SECTIONS 18 THROUGH 24, ALL OF SECTIONS 25 AND 26, PART OF SECTION 27, ALL OF SECTION 28, PART OF SECTIONS 29, 30, 32 THROUGH 35, AND ALL OF SECTION 36, TOWNSHIP 19 SOUTH, RANGE 33 EAST,

TOGETHER WITH ALL OF SECTIONS 5 THROUGH 8, ALL OF SECTIONS 17 THROUGH 21, AND ALL OF SECTIONS 28 AND 29, PART OF SECTION 30, AND ALL OF SECTIONS 31 THROUGH 33, TOWNSHIP 19 SOUTH, RANGE 34 EAST,

TOGETHER WITH ALL OF SECTIONS 1, 12, 13 AND 24, TOWNSHIP 20 SOUTH, RANGE 33 EAST,

TOGETHER WITH ALL OF SECTION 37, TOWNSHIP 21 SOUTH, RANGE 33 EAST, ALL BEING IN VOLUSIA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:

FROM THE NORTHWEST CORNER OF SAID SECTION 10, TOWNSHIP 18 SOUTH, RANGE 33 EAST, AS THE POINT OF BEGINNING, RUN EAST ALONG THE NORTH LINE OF SAID SECTIONS 10, 11 AND 12, TOWNSHIP 18 SOUTH, RANGE 33 EAST, TO THE NORTHEAST CORNER OF SAID SECTION 12; THENCE RUN SOUTH ALONG THE EAST LINE OF SAID SECTION 12 TO THE SOUTHEAST CORNER THEREOF; THENCE RUN EAST ALONG THE NORTH LINE OF SAID SECTIONS 18 AND 17, TOWNSHIP 18 SOUTH, RANGE 34 EAST TO THE WEST RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO. 95 (STATE ROAD NO. 9); THENCE RUN SOUTHEAST ALONG SAID WEST RIGHT OF WAY A DISTANCE OF 912 FEET; THENCE RUN SOUTHWEST ACROSS SAID SECTION 17 TO THE WEST LINE OF SAID SECTION 17, BEING 1407.6 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 17; THENCE RUN SOUTH ALONG THE EAST LINE OF SAID SECTIONS 18 AND 19, TOWNSHIP 18 SOUTH, RANGE 34 EAST, TO A POINT ON THE EAST LINE OF SAID SECTION 19; THENCE RUN EAST, PARALLEL WITH THE NORTH LINE OF SAID SECTION 20, TOWNSHIP 18 SOUTH, RANGE 34 EAST, TO THE NORTHWEST CORNER OF THE CHARLES SIBBALD GRANT, SECTION 43, TOWNSHIP 18 SOUTH, RANGE 34 EAST; THENCE RUN NORTHEAST ALONG THE NORTH LINE OF SAID CHARLES SIBBALD GRANT TO THE WEST RIGHT OF WAY LINE OF SAID INTERSTATE HIGHWAY NO. 95; THENCE RUN SOUTHEAST ALONG SAID WEST RIGHT OF WAY LINE TO THE NORTH LINE OF THE JOHN LOW GRANT, SECTION 47, TOWNSHIP 18 SOUTH, RANGE 34 EAST; THENCE RUN SOUTHWEST ALONG SAID NORTH LINE TO THE NORTHWEST CORNER THEREOF; THENCE RUN SOUTHEAST ALONG THE WEST LINE OF SAID JOHN LOW GRANT, SECTION 47, TOWNSHIP 18 SOUTH, RANGE 34 EAST, AND SECTION 39, TOWNSHIP 19 SOUTH, RANGE 34 EAST, TO THE SOUTHWEST CORNER THEREOF; THENCE RUN NORTHEAST ALONG THE SOUTH LINE OF SAID JOHN LOW GRANT, SECTION 39, TO THE NORTHWEST CORNER OF THE JOHN MCINTOSH GRANT, SECTION 44, TOWNSHIP 19 SOUTH, RANGE 34 EAST; THENCE RUN SOUTHEAST ALONG THE WEST LINE OF SAID JOHN MCINTOSH GRANT, SECTION 44 TO THE NORTH LINE OF THE JOSEPH DELESPINE GRANT, SECTION 43, TOWNSHIP 19 SOUTH, RANGE 34 EAST; THENCE RUN SOUTHWEST ALONG THE NORTH LINE OF SAID JOSEPH DELESPINE GRANT, SECTION 43, TO THE NORTHWEST CORNER THEREOF; THENCE RUN SOUTHEAST ALONG THE WEST LINE OF SAID JOSEPH DELESPINE GRANT, SECTION 43 TO THE SOUTHEAST CORNER OF SAID SECTION 33, TOWNSHIP 19 SOUTH, RANGE 34 EAST; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID SECTIONS 33, 32 AND 31, TOWNSHIP 19 SOUTH,RANGE 34 EAST, TO THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE RUN SOUTH ALONG THE EAST LINE OF SAID SECTIONS 1, 12, 13 AND 24, TOWNSHIP 20 SOUTH,

Page 39 of 90

RANGE 33 EAST TO THE NORTH LINE OF THE BERNARDO SEGUI GRANT, SECTION 37, TOWNSHIP 20 SOUTH, RANGE 33 EAST; THENCE RUN SOUTHWEST ALONG THE NORTH LINE OF SAID BERNARDO SEGUI GRANT, SECTION 37, TO THE SOUTHWEST CORNER OF SAID SECTION 24, TOWNSHIP 20 SOUTH, RANGE 33 EAST; THENCE RUN NORTH, ALONG THE WEST LINE OF SAID SESTIONS 24, 13, 12, AND 1, TOWNSHIP 20 SOUTH, RANGE 33 EAST, AND THE WEST LINE OF SAID SECTION 36, TOWNSHIP 19 SOUTH, RANGE 33 EAST TO THE NORTH LINE OF AN ABANDONED RAILROAD RIGHT OF WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 1056, PAGE 79, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE RUN WEST ALONG SAID NORTH LINE THROUGH SAID SECTIONS 35, 34, 33 AND 32, TOWNSHIP 19 SOUTH, RANGE 33 EAST, TO THE EAST LINE OF THAT PROPERTY DEEDED TO VOLUSIA COUNTY, FLORIDA, RECORDED IN OFFICIAL RECORDS BOOK 6884, PAGE 2194 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, THENCE RUN NORTHERLY ALONG SAID EAST LINE TO THE WEST LINE OF SAID SECTION 18, TOWNSHIP 19 SOUTH, RANGE 33 EAST; THENCE RUN NORTH ALONG THE WEST LINE OF SAID SECTIONS 18, 7 AND 6, TOWNSHIP 19 SOUTH, RANGE 33 EAST, AND THE WEST LINE OF SAID SECTION 31, TOWNSHIP 18 SOUTH, RANGE 33 EAST, TO THE NORTHWEST CORNER OF SAID SECTION 31; THENCE RUN EAST ALONG THE NORTH LINE OF SAID SECTIONS 31 AND 32, TOWNSHIP 18 SOUTH, RANGE 33 EAST, TO THE NORTHEAST CORNER OF SAID SECTION 32; THENCE RUN NORTH ALONG THE WEST LINE OF SAID SECTION 28, TOWNSHIP 18 SOUTH; RANGE 33 EAST. TO THE NORTHWEST CORNER THEREOF; THENCE RUN EAST ALONG THE NORTH LINE OF SAID SECTION 28 AND 27, TOWNSHIP 18 SOUTH, RANGE 33 EAST, TO THE WEST LINE OF THE EAST ½ OF SAID SECTION 22, TOWNSHIP 18 SOUTH, RANGE 33 EAST; THENCE RUN NORTH ALONG THE WEST LINE OF THE EAST ½ OF SAID SECTIONS 22 AND 15, TOWNSHIP 18 SOUTH, RANGE 33 EAST, TO THE SOUTH LINE OF SAID SECTION 10, TOWNSHIP 18 SOUTH, RANGE 33 EAST; THENCE RUN WEST ALONG THE SOUTH LINE OF SAID SECTION 10 TO THE SOUTHWEST CORNER THEREOF; THENCE RUN NORTH ALONG THE WEST LINE OF SAID SECTION 10, TO THE NORTHWEST CORNER THEREOF AND THE POINT OF BEGINNING.

TOGETHER WITH ALL OF SECTION 37, TOWNSHIP 21 SOUTH, RANGE 33 EAST, VOLUSIA COUNTY, FLORIDA.

LESS:

THE NORTH 15 FEET, THE WEST 15 FEET AND THE SOUTH 15 FEET OF THE WEST ½ OF SAID SECTION 10, TOWNSHIP 18 SOUTH, RANGE 33 EAST.

AND LESS:

THE WEST 15 FEET OF THE EAST ½ OF SAID SECTIONS 15 AND 22, TOWNSHIP 18 SOUTH, RANGE 33 EAST.

AND LESS:

THE NORTH 20 FEET AND THE WEST 20 FEET OF SAID SECTION 31, TOWNSHIP 18 SOUTH, RANGE 33 EAST.

AND LESS:

BORROW PIT NO. 1, IN SAID CHARLES SIBBALD GRANT, SECTION 43, TOWNSHIP 18 SOUTH, RANGE 34 EAST, AS RECORDED IN OFFICIAL RECORDS BOOK 1790, PAGE 1340, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.

AND LESS:

THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 5, TOWNSHIP 19 SOUTH, RANGE 33 EAST.

Page 40 of 90

AND LESS:

THE WEST 20 FEET OF SAID SECTION 6; THE WEST 20 FEET AND THE SOUTH 20 FEET OF SAID SECTION 7; AND THE SOUTH 20 FEET OF SAID SECTION 8 , TOWNSHIP 19 SOUTH, RANGE 33 EAST.

AND LESS:

THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 6, TOWNSHIP 19 SOUTH, RANGE 33 EAST

AND LESS:

THE WEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHEAST ¼; THE EAST ½ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼; THE WEST ¼ OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼; THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼; THE WEST ¾ OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼; THE EAST ¾ OF THE NORTHEAST ¼ OF THE SOUTHWEST ¼; THE WEST ½ OF THE EAST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼; AND THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ AND THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 7, TOWNSHIP 19 SOUTH, RANGE 33 EAST

AND LESS:

THE EAST ½ OF THE WEST ½ OF THE SOUTHEAST ¼ OF THE SOUTHEAST ¼; AND THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ AND THE EAST ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SAID SECTION 8, TOWNSHIP 19 SOUTH, RANGE 33 EAST.

AND LESS:

THE NORTH ½ OF THE NORTHEAST ¼ OF SAID SECTION 16, TOWNSHIP 19 SOUTH, RANGE 33 EAST.

AND LESS:

LOTS 16, 17 AND 18, BLOCK 6; LOTS 38, 39 AND 40, BLOCK 7; LOT 14, BLOCK 14; LOTS 1 AND 2, BLOCK 16; LOT 4, BLOCK 26; LOT 15, BLOCK 27; THE NORTH 100 FEET OF THE WEST 50 FEET OF THE SOUTH 213 FEET MEASURED FROM THE CENTER OF THE FLORIDA EAST CENTRAL REGIONAL RAIL TRAIL, RECORDED IN OFFICIAL RECORDS BOOK 6182, PAGE 1994, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, OF THAT UN-NAMED LOT LYING NORTH OF SAID FLORIDA EAST CENTRAL REGIONAL RAIL TRAIL AND EAST OF SEVENTH STREET; SEVENTH STREET, NORTH OF CEDAR AVENUE; SIXTH STREET NORTH OF CEDAR AVENUE; FIFTH STREET, NORTH OF CEDAR AVENUE; FOURTH STREET, NORTH OF CEDAR AVENUE; CEDAR AVENUE FROM FOURTH STREET TO SEVENTH STREET; PALMETTO AVENUE FROM FOURTH STREET TO SEVENTH STREET; PINE AVENUE FROM FOURTH STREET TO SEVENTH STREET; ORANGE AVENUE FROM FOURTH STREET TO SEVENTH STREET; THE ALLEY IN BLOCKS 6, 7, 14,16,26 AND 27; AND THE UN-NAMED ROAD NORTH OF SAID FLORIDA EAST CENTRAL REGIONAL RAIL TRAIL ALONG THE EAST LINE OF THE PLAT, ALL IN FARMTON, FLORIDA, FORMERLY CELERY CITY, AS RECORDED IN MAP BOOK 5, PAGE 44, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, IN SECTION 18, TOWNSHIP 19 SOUTH, RANGE 33 EAST.

AND LESS:

THE EAST ½ OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 20, TOWNSHIP 19 SOUTH, RANGE 33 EAST.

AND LESS:

Page 41 of 90

THE SOUTHEAST ¼ OF THE NORTHEAST ¼; AND THE NORTH 16 CHAINS OF THE EAST 3/8 OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 21, TOWNSHIP 19 SOUTH, RANGE 33 EAST.

AND LESS:

THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 22, TOWNSHIP 19 SOUTH, RANGE 33 EAST.

AND LESS:

THE EAST 12 CHAINS OF THE SOUTH 10 CHAINS OF THE NORTHEAST ¼ OF THE NORTHWEST ¼; AND THE SOUTHEAST ¼ OF THE NORTHWEST ¼; AND THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SAID SECTION 23, TOWNSHIP 19 SOUTH, RANGE 33 EAST.

AND LESS:

THAT PROPERTY DEEDED TO FLORIDA POWER AND LIGHT COMPANY, OFFICIAL RECORDS BOOK 3887, PAGE 2508 AND OFFICIAL RECORDS BOOK 3887, PAGE 2510, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, IN SECTION 24, TOWNSHIP 19 SOUTH, RANGE 33 EAST.

AND LESS:

THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 27, TOWNSHIP 19 SOUTH, RANGE 33 EAST.

AND LESS:

THE SOUTHWEST ¼ OF THE NORTHEAST ¼ LYING NORTH OF THE ABANDONED RAILROAD RIGHT OF WAY RECORDED IN OFFICIAL RECORDS BOOK 1056, PAGE 79, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, OF SAID SECTION 34, TOWNSHIP 19 SOUTH, RANGE 33 EAST.

AND LESS:

THE SOUTHWEST ¼ OF THE SOUTHEAST 1/4, LYING EAST OF THE FLORIDA EAST CENTRAL REGIONAL RAIL TRAIL, RECORDED IN OFFICIAL RECORDS BOOK 6182, PAGE 1994, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THE SOUTHEAST ¼ OF THE SOUTHWEST ¼, LYING EAST OF SAID FLORIDA EAST CENTRAL REGIONAL RAIL TRAIL; AND THE SOUTHWEST ¼ OF THE SOUTHEAST ¼, SOUTHWEST OF THE FLORIDA EAST CENTRAL REGIONAL RAIL TRAIL, AND THE WEST ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST 1/4 OF SAID SECTION 30, TOWNSHIP 19 SOUTH, RANGE 34 EAST

AND LESS:

THE FLORIDA EAST CENTRAL REGIONAL RAIL TRAIL, AS RECORDED IN OFFICIAL RECORDS BOOK 6182, PAGE 1994, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.

AND LESS:

THE PRESCRIPTIVE RIGHT OF WAYS OF MAYTOWN ROAD, LAKE HARNEY ROAD, PELL ROAD, PRIDEAUX ROAD AND THE MAYTOWN SPUR, AS EXIST.

AND LESS:

AN ABANDONED RAILROAD RIGHT OF WAY AS RECORDED IN OFFICIAL RECORDS BOOK 1056, PAGE 79, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.

Page 42 of 90

AND LESS:

THOSE PLATTED STREETS NOT VACATED PER RESOLUTION 2013-21, RECORDED IN OFFICIAL RECORDS BOOK 6847, PAGE 495, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.

Page 43 of 90

Page 44 of 90

Page 45 of 90

Page 46 of 90

Page 47 of 90

Page 48 of 90

Page 49 of 90

§̈¦95

§̈¦95

LAKE HARNEY

LAKE ASHBY

DEEP CREEK

DEEP CREEK

BUCK LAKE

CR 4164

CR 5A

95

SR 46

SR 5

SR 4

15

SR 442

SR 46

SR

5

μ0 31.5

Miles

File Name:Z:\jobs\3833.04\gis\Second Sufficiency\Map H Final.mxd Date: 5/6/2014

Conceptual Development Plan

Map HMaster DRI

Source:

VOLUSIA COUNTY

BREVARD COUNTY

VOLUSIA COUNTYSEMINOLE COUNTY

Volusia County, Brevard County GIS

Maytown Road

LegendDeering ParkwayArterial AProposed TrailsFarmton Master DRI BoundaryDEERING PRESERVE AT DEEP CREEK

Master DRI Uses

GREENKEYGATEWAYMANDATORY RESOURCE-BASED OPEN SPACETOWNCENTERVILLAGEWORK PLACEBrevard Portion of FarmtonCounty Boundary

Brevard Farmton Land UsesAGRICULTUREFARMTON MIXED USE

Page 50 of 90

Page 51 of 90

Page 52 of 90

Page 53 of 90

Page 54 of 90

Page 55 of 90

Page 56 of 90

Page 57 of 90

Page 58 of 90

Page 59 of 90

Page 60 of 90

Page 61 of 90

Page 62 of 90

Page 63 of 90

Page 64 of 90

Page 65 of 90

Page 66 of 90

Page 67 of 90

Page 68 of 90

Page 69 of 90

Page 70 of 90

Page 71 of 90

Page 72 of 90

Page 73 of 90

Page 74 of 90

Page 75 of 90

Page 76 of 90

EXHIBIT “C”

FARMTON MASTER DRI DEVELOPMENT ORDERACRONYMS AND DEFINITIONS

AMDA (Application for Master Development Approval) -- An application for a development project which includes two or more developments that are equivalent to a development of regional impact planned over an extended period of time filed in accordance with Chapter 380.06(21)(b), FS and FAC Chapter 73C-40.028.

AIDA (Application for Incremental Development Approval) -- An application for a development project that is subject to a MDO (Master Development Order) and typically follows the procedures of a standard development of regional impact review in accordance with Chapter 380.06, FS, or its functional, equivalent vehicle/process.

DEERING PARKWAY – The north-south spine road arterial referred in previous documents and the Farmton Local Plan as the Williamson Boulevard Extension.

IDO (Incremental Development Order) -- The local government development order or its equivalent that provides for the review of subsequent Applications for Incremental Development Approval or its equivalent consistent with the Master Development Order requirements.

MDRI Agreement -- An agreement between the landowner, the local governing body, and the regional planning council prior to submission of an Application for Master Development Approval regarding information to be provided, the timing of review of phases, increments or issues related to regional impacts of the proposed development in accordance with Chapter 380.06(21)(b), FS and FAC Chapter 73C-40.028.

MDO (Master Development Order) -- The local government development order that provides the framework for review of subsequent applications for incremental development approval or their equivalent and provides for consistency with the Comprehensive Plan.

Page 77 of 90

Page 78 of 90

Exhibit 5 to the Farmton MDRI Development Order. April 21, 2014.

1

Fiscal Neutrality Preliminary Plan and Methodology for Monitoring Fiscal Neutrality.

PURPOSE

The Farmton Local Plan is a long term vision with a 50 year planning horizon. Development will proceed through a Master Development of Regional Impact (DRI) for the Sustainable Development Area districts through 2060. Development will be reviewed through the Master DRI process in order to ensure financial feasibility. Fiscal neutrality provisions of the Farmton Local Plan require future developers to pay for the costs of required infrastructure. This memo intends to provide general development guidelines and standards for Sustainable Development Areas, which provide for delivery of services and provision for infrastructure and fiscal neutrality.

Farmton’s Application for Master Development Approval (AMDA) will not address the specifics of the required fiscal neutrality policies or criteria. Instead, the particulars relevant to any project or property will be considered in the course of each Application for Incremental Development Approval (AIDA) submitted for review. The MDRI methodology provides a conceptual guideline so that detailed methodologies for future AIDAs are consistent with the adopted policies of the Farmton Local Plan. It is understood that analysis of fiscal neutrality is a cumulative process and the methodologies approved for subsequent AIDAs shall incorporate the analysis and requirements of previously approved fiscal neutrality methodologies.

This proposed methodology assures our respective understanding of both the planning principles and general standards to be applied in the course of those review(s) and maintained over time as the entire Farmton property is developed either by its current owners or a series of subsequent parties. It is our expectation that the procedures and criteria described here can be applied in a cooperative way that systematically and uniformly guides future development which remains in largely a conceptual form today.

GUIDING PRINCIPLES AND ASSUMPTIONS

Definitions:

Community Development District (CDD): CDD is as defined in Chapter 190.003(6), Florida Statutes, as it may be amended from time to time. CDDs shall not include tax increment financing (TIF) powers.

Farmton: It is understood that references to Farmton within this document apply to Miami Corporation, its successors in interests and assigns that exist at the time of each AIDA in accordance with Policy FG 7.2 of the Farmton Local Plan.

Fiscal Neutrality: Each development within the Sustainable Development Area (SDA) districts shall provide adequate infrastructure that meets or improves the levels of service standards adopted by the County and be fiscally neutral or results in a fiscal benefit to the county, school district, and municipalities outside that development. Fiscal neutrality means the costs of additional school district and local government services and infrastructure that are built or provided for the SDA districts shall be funded by properties within the approved districts.

Self-funding: Means that revenue is generated by properties, businesses, residents and visitors within the boundaries of Farmton. For example, self-funding CDDs may include personal usage fee (PUF), benefit special assessments, maintenance special assessments, ad valorem taxes above local government and schools, but does not include tax increment financing.

Tax Increment Financing: A program that allocates future increases in property taxes from a designated area to pay for improvements only in that area.

Page 79 of 90

Exhibit 5 to the Farmton MDRI Development Order. April 21, 2014.

2

General. There are assumptions that apply equally to capital and operating cost considerations.

The methodology outlined herein builds upon the extensive data and analysis articulated in detailed working papers provided in April, 2013 and July, 2013 by Real Estate Research Consultants.

The applicant understands that, as Farmton is developed it will be necessary to address the project’s impacts, if any, in terms of both its capital and operating costs.

Codification of this methodology and any subsequent Master Development Order (MDO) or Incremental Development Order (IDO) is an evolving process.

Whatever commitments are necessary to address capital and operating costs as these are defined, it is acknowledged that the full costs of such obligations cannot be properly calculated absent a more detailed program and timetable, which all parties recognize will evolve as different parts of the property are sold or developed. These obligations will be addressed in detail as part of each incremental DRI application.

If there are any inconsistencies between this methodology and the adopted Farmton Local Plan, the provisions of the Farmton Local Plan shall apply.

Each AIDA application must include a fiscal neutrality reporting chart, which reconciles all sources and uses of funds, as exemplified in Exhibit 1 to this methodology.

It is understood that references to Community Development Districts or other funding mechanism will will exclude utilizing tax increment financing.

Certain improvements identified within the Farmton Local Plan shall not accrue or be paid for with impact fees or credits.

Such procedures shall require that fiscal neutrality be determined for each AIDA on a case-by-case basis, considering the location, phasing, and development program of the project.

For off-site impacts, the procedures will require that the total proportionate share cost of infrastructure be included and not simply the existing impact fee rates. Notwithstanding the provisions of the Concurrency Management System, this shall include, but not be limited to, both localized and countywide impacts on county, city, state, and federal transportation facilities (such as roads, intersections, sidewalks, lighting, medians, etc.), public transit, schools, water supply and delivery, sewage transmission and treatment, solid waste, storm and surface water management.

The County requires that these procedures for measuring fiscal neutrality be reviewed and certified by independent advisors retained by the County at the expense of the landowner, developer or Community Development District prior to acceptance by the County.

Each AIDA shall have a financial strategy approved by the County to construct and maintain all required infrastructure. Community Development Districts are identified as the preferred financing technique for infrastructure needs.

No AIDA capital or operating budget is required to extend beyond a 25-year planning horizon.

Page 80 of 90

Exhibit 5 to the Farmton MDRI Development Order. April 21, 2014.

3

Approval of development within the SDA districts (the Gateway District) is contingent upon the applicant demonstrating that any increase in density above the maximum potential development as of the time of the adoption of this plan, which is 2,287 dwelling units (and up to 4,692 dwelling units with a finding of school adequacy) and 820,217 square feet of non-residential uses, can be accommodated with infrastructure at the time of the application for the increment under the Master DRI, to include road, utility and school capacity as well as meeting concurrency requirements which meet the requirements for fiscal neutrality.

The financial impacts of each AIDA are assessed cumulatively.

Capital Costs. Capital and operating costs of each AIDA should be addressed separately for purposes of monitoring fiscal neutrality. The following points underlie key assumptions about capital costs in accordance with Farmton Local Plan Objectives and Policies.

The intent is for Farmton to pay the capital construction costs for the following infrastructure improvements that support or serve Farmton:

o Spine Transportation Network o Utilities, including water, sewer, reclaimed, irrigation, and power o Master stormwater systems o Parks and Recreation serving Farmton

To ensure the provision of adequate public facilities that are fiscally neutral and avoid inequitable burdens

on parties outside of the Farmton Local Plan, public infrastructure for developments may be funded and maintained by a Community Development District (CDD) formed in accordance with chapter 190, Florida Statutes, or such other financial mechanisms that are not dependent upon a budgetary allocation of Volusia County or the School Board of Volusia County.

As described in the Farmton Local Plan, a CDD is a viable and desirable means of achieving fiscal neutrality. In the event Farmton, or its successors, determine, at their discretion, that a CDD is appropriate, then the parties agree that Farmton will be required to demonstrate the capacity for such CDD and the parties will then work together toward the creation of a CDD enabling Farmton to comply with the fiscal neutrality standards.

Where various legal vehicles necessarily require Volusia County be the source of legal administration or

sponsorship, any costs of implementation therein will be absorbed by Farmton.

Farmton, within the limits of state law, can craft through its CDD or other financial mechanism/entity the necessary public/private partnerships it deems appropriate to implement its required infrastructure including the provision of all necessary user-supported or fee-based infrastructure as long as the mechanisms are fiscally neutral to Volusia County and the Volusia School District. Maytown Road is an existing public right of way and its improvement, operation and maintenance shall not be funded through a user-supported or fee-based infrastructure mechanism on behalf of Farmton.

The County reserves the right to condition the approval of development on the availability of funding for the necessary infrastructure to support the proposed development.

The AIDA will ensure that it will be the obligation of the master developer to assure that offsite costs and any financial adjustments (positive or negative) that may be passed to the AIDA are adequately addressed both at the project level and cumulatively across the full built environment.

Page 81 of 90

Exhibit 5 to the Farmton MDRI Development Order. April 21, 2014.

4

All spine roads as indicated on future land use map series, Figure 2-10- Farmton Local Plan- Spine Transportation Network), water, utility, that might otherwise be planned, funded and financed through local government vehicles remain the responsibility of the owners and/or subsequent developers of Farmton.

These spine roads, water, and utilities will be implemented through a self-funding CDD or similar vehicle

unless the owners or developers of any parts of Farmton should find other approaches more beneficial.

Prior to development approval, the county shall amend its Capital Improvements Element to include the timing and funding of public facilities required by the Farmton Local Plan.

Operating Costs. It is agreed that capital and operating costs of each AIDA should be addressed separately for purposes of monitoring fiscal neutrality.

Farmton will receive the same general government services as provided to the remainder of the County, but excludes any increase in level of service standards established in the FLP.

Additional school district and local government services provided for the SDA districts shall be funded by properties within the approved districts.

Each AIDA application must include a detailed fiscal neutrality reporting chart that reconciles all sources and uses of funds, and provided in Exhibit 1 to this methodology.

METHODOLOGY FOR REVIEW

1. Each AIDA will conform to a master capital improvements strategy that will be monitored and evaluated

for consistency and reasonableness, understanding that each subsequent phase or project may cause some alteration in the basic development scheme. Pursuant to each AIDA, it will be the obligation of the master developer to assure that offsite costs and any financial adjustments (positive or negative) that may be passed to the AIDA are adequately addressed both at the project level and cumulatively across the full built environment.

2. As each AIDA is submitted, Farmton, would provide a detailed fiscal neutrality reporting chart that

reconciles all sources and uses of funds, attached as Exhibit 1. An applicant must demonstrate how its specific development program and capital needs relate to and integrate with any capital improvements that are a part of the larger Farmton development scheme and/or any other development pending approval or under construction. .

3. Specific to the goals of the Farmton Local Plan, each AIDA should be specific about its intended

infrastructure, including but necessarily limited to the roads, drainage, parks and recreational facilities, utility systems, educational facilities, off site needs if any, and any other capital investments that would be absorbed by a CDD, a like vehicle, or other means deemed acceptable to the applicant and any reviewing agency.

4. The capital improvements strategy should be specific about any adjustments due to contributions or other

agreements.

Page 82 of 90

Exhibit 5 to the Farmton MDRI Development Order. April 21, 2014.

5

5. As for the sources and uses of funds cited above, they should include a preliminary analysis of the costs that would be relevant to supporting a CDD or like vehicle.

6. Because the typical CDD has both short term and longer financial options available to it, these should be shown as part of a general development budget that reconciles costs to all revenues available to satisfy those costs. The period of the analysis (years or phases as appropriate) will be that deemed customary and sufficient to the nature of the capital and operating costs being absorbed by the CDD but should in no case be required to extend beyond a 25-year planning horizon.

7. As each AIDA is submitted, a detailed operating budget for its portion of the relevant major costs which, like the capital budget, addresses all sources and uses of funds. As part of this analysis, an applicant must demonstrate how its specific development program and its expected needs relate to and integrate with any services that may be addressed in the budgets of any nearby or overlapping governments.

8. Any parks required to fulfill recreational needs of Farmton residents would be paid for by the owners and

developers of Farmton or their successors.

9. Periodic reports would address issues particular to subsequent budgets, applicable revenue or capital requirements and implementation strategies. The nature and form of these reports would be included in the development orders of each respective AIDA.

10. The specific measures and/or procedures described above would be evaluated cumulatively for their financial impacts as each AIDA is submitted for review and approvals. The review and certification of these measures and/or procedures by independent advisors (retained by the County at the expense of the landowner, developer, or Community Development District) will occur prior to acceptance by the County.

11. The primary purpose is to reflect that development within Farmton will be responsible for all costs not adequately funded by the various taxes, fees and payments made by landowners, residents or business owners in the future. It is further understood that the analysis of fiscal neutrality is a cumulative process and that subsequent methodologies of AIDAs shall incorporate the analysis and requirements of previously approved fiscal neutrality methodologies.The following table provides a generalized guideline for estimating fiscal neutrality. It is not a final ledger of the actual costs and revenues since these items will be better defined with the methodologies for the AIDAs. It is anticipated that there will be changes, additions and deletions to the various categories shown on the table.

Page 83 of 90

CDD Assessment User FeeDeveloper

Contribution/Donation

Other County (Ad Valorem)

Municipal Services

District (Ad Valorem)

School (Ad

Valorem)

Other (Taxes/Fees)

Impact Fees

General Government/Admin ($$$) $$$ 0Social Services/Human Services ($$$) $$$ 0Law Enforcement ($$$) $$$ $$$ 0Courts/Justice ($$$) $$$ $$$ 0Fire Rescue/Public Safety ($$$) $$$ $$$ 0Economic Development ($$$) $$$ 0Parks/Recreation/Conservation ($$$) $$$ $$$ $$$ 0Development Services/code Enforcement ($$$) $$$ $$$ 0Utilities Maintenance ($$$) $$$ 0Stormwater Maintenance ($$$) $$$ $$$ 0Transportation Maintenance ($$$) $$$ $$$ 0School Administration ($$$) $$$ 0School Facility Maintenance ($$$) $$$ 0School Facility Staffing/Teachers ($$$) $$$ 0Solid Waste Operations ($$$) $$$ 0Libraries/Culture Operations ($$$) $$$ $$$ $$$ 0

0000

Stormwater Improvements (on-site) ($$$) $$$ $$$ 0Stormwater Improvements (Spine Road Network) ($$$) $$$ $$$ 0Parks/Recreation/Trails ($$$) $$$ $$$ $$$ 0Fire Rescue/Public Safety Stations/Equip (on-site) ($$$) $$$ $$$ $$$ 0Law Enforcement (Substations/Equip) ($$$) $$$ $$$ $$$ 0Utilities (potable water) ($$$) $$$ $$$ $$$ $$$ 0Utilities (Sanitary Sewer) ($$$) $$$ $$$ $$$ $$$ 0Utilities (irrigation) ($$$) $$$ $$$ $$$ $$$ 0Utilities (power) ($$$) $$$ $$$ $$$ 0Transporation (Spine Road Network) ($$$) $$$ $$$ 0Transportation (on-site roads) ($$$) $$$ $$$ 0Transporatation (on-site transit) ($$$) $$$ $$$ 0Transportation (on-site sidwalks, multi-use paths) ($$$) $$$ $$$ 0

000

Example (increased fire protection above County LOS) ($$$) $$$ $$$ $$$ $$$ 0($$$) $$$ $$$ $$$ $$$ 0($$$) $$$ $$$ $$$ $$$ 0($$$) $$$ $$$ $$$ $$$ 0($$$) $$$ $$$ $$$ $$$ 0

1Tax Increment Financing Powers shall not be utilized2Expanded services and funding of same will be negotiated with local government provider

Ope

ratio

nal

Cost

s or

Capi

tal

Impr

ovem

ents

th

at e

xcee

d Co

unty

LOS2

Sources of Revenue or Funding for Service/Improvements

Cost of Services or Improvements BalanceService or Improvement

FARMTON FISCAL NEUTRALITY REPORTING CHART

Ope

ratin

g Co

sts (

Mai

ntai

ning

Cou

nty

LOS)

Capi

tal I

mpr

ovem

ents

( M

aint

aini

ng C

ount

y LO

S)

Farmton Private Revenue/Contribution Sources1 Public Sources of Revenue paid by Farmton1

Other Sources

Page 84 of 90

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

!!!!!!!!!!!!!!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!

!!!

!!

!

!

!

!

!!!

!!!

!!

!

!!!

!! !

!!

!

!!!

!!

!

!!!

!!!

!!

!

!!

!

!!!

!!

!

!!

!

!!

!

!!

!

!!!

!!

!

!

!

!!

!!

!

!!

!

!!

!

!!

!!!

!!

!

!!!

!

!

!

!!

!

!!!

!!

!

!!

!

!

!

!

!!!

!!

!

!!

!

!!

!

!!

Aù

?ç

FARMTON LOCAL PLANCOMPOSITE MAP

±

!"c$

)l

VOLUSIA COUNTY

SEMINOLE COUNTY

VOLUSIA COUNTYBREVARD COUNTY

LAKE HARNEY

LAKE ASHBY

PELL

RD

OSTEEN MAYTOWN RD

JE

Prepared by: Volusia County Gro wth and Resource Managemen t Department1/8/2013

Brevard County Land UseAgriculture

Farmton Mixed Use

Area of Farmton within Volusia County

Permitted M itigatio n Bank

North

South

West

Southwest Wildlife Corridor

East Central Regional R ail Trail

Greenkey - Fu ture Land Use

Greekey and Env ironmental Overlay

Deep Creek Conservation Area

Deering Addition

Sustainable Development Areas (SDA's) - Future Land Use

Gateway

Town Center

Village

Work Place

Mandatory R esource Based Open Space

North Bank

South Bank

West Bank

Page 85 of 90

Exhibit 7 to Farmton MDRI Development Order

1

Jobs Housing Balance Methodology PURPOSE Farmton’s Application for Master Development Approval (AMDA) will not address the specifics of the currently required jobs/housing criteria, leaving that assessment for each Application for Incremental Development Approval (AIDA) filed for review. This proposed methodology assures a respective understanding of both the planning principles and general standards to be applied in the course of those review(s) and maintained over time as the entire Farmton property is developed either by its current owners or a series of subsequent parties. It is expected the procedures and criteria described here can be applied in a cooperative way that systematically and uniformly guides future development which remains in largely a conceptual form today. It is assumed and understood certain aspects of the methodology will find their way into the Farmton Master Development Order. GUIDING PRINCIPLES AND ASSUMPTIONS

In general, the objective is to secure a minimum 1.0/1.0 jobs/housing balance across the Farmton holdings at its ultimate completion. The applicant acknowledges this stated goal and recognizes its general intent to spur economic development and create combined live and work environments.

The basic methodology outlined expressly recognizes Farmton’s current entitlements, approvals, and obligations articulated in policies FG 3.4 and FG 3.10 of the Volusia County Comprehensive Plan

It is acknowledged that population and housing units necessarily precede certain job production.

Toward that end, the jobs/housing ratio increases over time as it moves towards Farmton’s ultimate completion.

Cumulative jobs or housing additions would be recorded for any activity proposed for the larger

site and this activity would be benchmarked against an agreed upon interim measurement toward the end goal. As described above, the Interim controls acknowledge the uneven growth in housing or employment likely to occur.

The County has an obligation to monitor uneven growth, and unfavorable conditions, as defined in this methodology, could lead to needed corrective or mitigating action if development is to continue.

Codification of this methodology and any subsequent Master Development Order (MDO) or

Incremental Development Order (IDO) is an evolving process.

The actual job or employment categories to be realized are speculative at this time so it is reasonable to structure the methods for monitoring, reporting, and controlling the pace of continued development in very broad business categories. These broad categories would reflect a combination of both public and private activities consistent with those identified in Policy FG 8.6 which specifically cites hotel, hospital, school, retail/commercial, office business/flex, light industrial, warehouse, and distribution as allowed uses. These are deemed to be acceptable equivalents although all have different job attributes and space requirements.

Page 86 of 90

Exhibit 7 to Farmton MDRI Development Order

2

The framework and methodology outlined herein remains generally consistent with - and largely

dependent upon – extensive data, analysis, and methods articulated in a detailed working paper provided by RERC, Inc., in April 2013 and subsequently discussed with staff in July 2013 and redrafted in October 2013.

METHODOLOGY FOR REVIEW

1. For purposes of this analysis, one job equates to 200 square feet of non-residential development.

2. It is understood that there is an effective job shed in which the Farmton property functions. Any properties within the Farmton Local Plan boundary and within Volusia County and controlled or owned by entities linked to Farmton comprise the larger job shed, and any jobs created there will be treated as full credits to Farmton’s jobs/housing obligations. Further, any lands within Volusia County also controlled or owned by entities linked to, but located within three miles of Farmton, will be similarly credited in full toward these obligations. Should there be reasons for Farmton or any of its related entities to acquire interests in Restoration, any jobs otherwise required to support that project will not be credited to Farmton’s obligations as these are described in this methodology framework.

3. A part of Farmton lies in Brevard County which requires 0.65 jobs per dwelling unit. Based on the

Farmton entitlements allocated to Brevard County, any job counts in excess of the 1,499 jobs necessary to satisfy the needs there may be credited to the jobs/housing obligations in Volusia County.

4. Although there are no immediately foreseeable plans for the construction of institutional uses, such

development [subject to the constraints of traffic analysis] would be incremental to the already approved non-residential development [4,700,000 SF]. Because these institutional uses might be erected across any of the Farmton property, they consequently may also be a source of jobs for purposes of achieving the required jobs/housing balance.

5. On average and without regard to any specific kind of employment, beginning and interim measures are established to benchmark both employment counts and the pace of development. A minimum 0.65 jobs/housing ratio will be expected once the initial 9,000 housing units have been constructed. Only houses constructed outside the Gateway District are subject to the required jobs/housing balance.

6. Although a 0.65 goal is required as the absolute minimum through Farmton’s anticipated life, the

owners will make a good faith effort to exceed these minimum thresholds as specified in the accompanying exhibit and agree, in any case, measurable progress must be maintained toward the ultimate 1.0/1.0 jobs/housing goal.

7. Non-residential development constructed, but then vacated after occupancy, will not be credited as a

source of employment or new jobs when again occupied. 8. Farmton is required to accommodate approximately 23,100 jobs in its approved complement of non-

residential development concurrent with the construction of approximately 23,100 dwelling units, less that number of dwelling units constructed in the Gateway District.

Page 87 of 90

Exhibit 7 to Farmton MDRI Development Order

3

9. The above information would be the subject of annual reports produced by Farmton and/or others involved in the development of the Farmton property. This data would be used as part of the review and approvals process going forward. These annual reports would address the following things in an agreed upon format.

9.1. Number of residential permits issued to date on a cumulative basis 9.2. Number of residential certificates of occupancy on a cumulative basis 9.3. Items 1 and 2 expressly for the Gateway District 9.4. Non-residential square footage permitted to date on a cumulative basis 9.5. Non-residential square footage issued certificates of occupancy on a cumulative basis 9.6. Projected number of residential units and non-residential square footage to be permitted in the coming year 9.7. Estimated construction employment 9.8. Remediation activities, if any 9.9. Reported home based occupations or institutional occupations, not otherwise addressed, would be reported

at the discretion of Farmton.

10. The methodology herein would be discussed in the course of the normal pre-application meeting to explore any issues not otherwise addressed in this proposed methodology. Absent material omissions, it is assumed this is the method that will be employed for the analysis.

11. As each AIDA is submitted, it would be required to estimate the total square footage of non-residential facilities reasonably expected in terms of its dwelling unit count (200 square feet per dwelling unit). The resulting figure would be presumed the necessary non-residential inventory to work toward, on average, as Farmton develops.

12. The first increment of 4,692 housing units approved for the Gateway District and built within the

Gateway District would not be obligated to satisfy the jobs/housing balance because of Farmton Local Plan policies.

13. Once housing production at Farmton exceeds an initial 9,000 units [including any dwelling units

within the Gateway District] the minimum standard of 0.65 jobs/1.0 housing units must be maintained although Farmton will make a good faith effort to exceed this level of non-residential activity. While the applicant acknowledges that housing constructed in the Gateway District also counts toward the Cumulative Housing Activity thresholds shown in the accompanying exhibit, only houses constructed outside of the Gateway District are subject to the required jobs/housing ratio.

14. The ultimate overall jobs/housing balance would be 1.0/1.0, but the ratio and standards used to

measure same would increase gradually over the development’s planned life per the accompanying exhibit.

15. Interim standards are outlined in the accompanying exhibit, and these will be reviewed for

compliance or remediation as required.

16. In the event actual performance falls below the level stipulated in the accompanying exhibit, a mitigation strategy will be required. This strategy could include more aggressive standards of performance over some future agreed period, a lower standard based on mutually agreed conditions at the time in question, restricted land use covenants on remaining undeveloped acreage, an actual count of all employment on the relevant property or holdings, or other methods to be determined.

17. Periodic reports would tabulate square footage of non-residential development or jobs or some combination that reflects home based or institutional occupations, not otherwise addressed. The method for home based occupations would be determined at some future date but may be based on

Page 88 of 90

Exhibit 7 to Farmton MDRI Development Order

4

business tax receipts, licenses issued, personal property valuations, or similarly available data, or other methods to be determined. The means of calculating institutional employment will follow the procedures outlined for other non-residential employment.

18. The specific counts or measures described above would be evaluated cumulatively for their impacts

or effects across the Farmton holdings by an outside interest or consultant as each AIDA is submitted for review and evaluation. The costs of any outside consultant, should the County retain one, would be at the expense of Farmton or any succeeding ownership entity.

Page 89 of 90

EXHIBIT 1: Required Development and Jobs Production

Required job ratio [County specfied for homes constructed

outside Gateway area] Minimum required jobs

[Farmton Plan] 1,

Targeted non-residential

development

Minimum threshold to avoid

remediation action [200 SF/Job]

9,000 0.65 5,850 1,640,250 1,170,00012,000 0.72 8,640 2,187,000 1,728,00015,000 0.79 11,850 2,733,750 2,370,00018,000 0.86 15,480 3,280,500 3,096,00021,000 0.93 19,530 3,906,000 3,906,00023,100 1.00 23,100 4,700,000 4,620,000

10.65 required by Farmton Plan as absolute minimum.

Cumulative Housing Activity

Page 90 of 90