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HomeMy WebLinkAbout2010-037RESOLUTION• 2010- 037 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN, RIVER COUNTY, FLORIDA, MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW PERTAINING TO WATERWAY VILLAGE, A DEVELOPMENT OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS AN AMENDED AND RESTATED DEVELOPMENT ORDER BY INDIAN RIVER COUNTY IN COMPLIANCE WITH LAW; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING A TERMINATION DATE. FINDINGS OF FACT WHEREAS, DiVosta and Company ("DiVosta") filed a Development of Regional Impact Application for Development Approval ("ADA") in accordance with Section 380.06 Florida Statutes; and WHEREAS, the applicant proposes to construct 1,596 residential dwelling units, community recreation improvements, and up to 20,000 square feet of neighborhood commercial uses together constituting a Development of Regional Impact on real property legally described in Exhibit "A" attached hereto and located in Indian River County, Florida; and WHEREAS, on February 15, 2010 DiVosta filed a Notification of Proposed Change to an Approved Development of Regional Impact ("NOPC") requesting amendments to the Development Order for Waterway Village; and WHEREAS, the Board of County Commissioners as the governing body of Indian River County having jurisdiction, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider Applications for Development Approval for Developments of Regional Impact and Notifications of Proposed Change to an Approved Development of Regional Impact; and WHEREAS, the Board of County Commissioners on the 9th day of November, 2004 held a duly noticed public hearing on the Development of Regional Impact Application for Development Approval and on the 11th day of May, 2010 held a duly noticed public hearing on the NOPC and heard and considered the testimony taken at the hearings; and WHEREAS, it has been determined that the following findings of fact pertain to the Waterway Village development of regional impact: (a) The proposed development is not in an area of critical state concern designation, pursuant to the provisions of Section 380.06, Florida Statutes; (b) The State of Florida has not adopted a Land Development Plan applicable to the area in which the proposed development is to be located; (c) The proposed development, subject to the conditions specified herein and conditions specified in the planned development approval granted by Indian River County, is consistent with the Comprehensive Plan and Development Laws and Regulations of Indian River County; F:\Community Development\Users\CuiDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 1 RESOLUTION 2010- 037 (d) The amendments to the Development Order requested by DiVosta in the NOPC submitted on February 15, 2010 do not constitute a substantial deviation. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, in a Public meeting, duly constituted and assembled on the 11`11 day of May, 2010, that the ADA and the NOPC submitted by DiVosta are hereby ordered APPROVED, subject to the following conditions, restrictions, and limitations: Application for Development Approval 1. The Waterway Village DRI ADA is incorporated herein by reference. It is relied upon, but not to the exclusion of other available information, by the parties in discharging their statute duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the ADA, as modified by Development Order ("DO") conditions, is a condition for approval. For the purpose of this condition, the ADA shall include the following items: a) ADA dated October 29, 2003; and b) Supplemental information dated February 4, 2004 and March 22, 2004; and c) Supplemental/Revised plans dated August 25, 2004; and d) Revised Conceptual PD (planned development) plan dated October 4, 2004. Commencement and Process of Development 2. In the event the developer fails, within eighteen months from the effective date of the DO, to commence significant physical development beyond the development in existence on the approval date of the DO, development approval shall terminate, and the development shall be subject to further DRI review by the Council, Department of Community Affairs, and Indian River County pursuant to Section 380.06, Florida Statutes. For the purpose of this paragraph, construction shall be deemed to have initiated after placement of permanent evidence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or a land clearing, or construction of a permanent access road. Phasing 3.a. The phasing of the development is approved and building permits shall be issued and vested for traffic concurrency except as noted as follows: F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 2 RESOLUTION 2010- 037 Phase Commencement Date Residential/ Commercial Vested Until Single Family Dwelling Units Multiple Family Dwelling Units Recreational/ Clubhouse Other 1 2005 12/31/2016 733 0 2.2 acre School site and Preservation areas 2 2012 12/31/2019 150 0 2.7 acre 3 2013 12/31/2020 150 0 0 4 2014 12/31/2021 52 98 1.5 acre 20,000 sq. ft. Neighborhood Commercial` 5 2015 12/31/2022 150 0 2.4 acre 6 2016 12/31/2023 26 124 4.2 acre 7 2017 12/31/2024 113 0 0 Totals 1,374 222 13.0 acre * The 20,000 square feet of Neighborhood Commercial uses will not be vested for traffic concurrency if the traffic impact fees for the Neighborhood Commercial uses are not paid by December 31, 2015. 3.b. An approved use may be exchanged for any other approved use so long as the exchange of uses does not generate additional net external P.M. peak hour trips. 3.c. The Master Development Plan attached as Exhibit B reflects phase boundaries and typical parcels; provided, however, the geographic phases of development reflected on the Master Development Plan may be modified, subject to review and approval pursuant to Section 915.26(2) and Section 914.06(5)(f) of the Code of Indian River County, so that the number of residential units specified for a given phase in Condition 3.a. may be developed within the geographic boundaries of any phase. The developer acknowledges that if it elects not to follow the geographic sequence of development reflected on the Master Development Plan, the developer's election to develop in a different geographic sequence may cause the acceleration of transportation obligations specified in Conditions 18 through 27, if necessitated by local phasing requirements. 3.d. The developer acknowledges that the Project is vested only for traffic concurrency and will not be vested for other facilities pursuant to this Development Order or the Amended Developer's Agreement. The Project may become vested for all other facilities at any time by the developer applying for a concurrency certificate under the County's concurrency management system, obtaining approval for such certificate based upon availability of capacity, and paying all other impact fees. F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 3 RESOLUTION 2010- 037 Buildout Date 4. This Project shall have a buildout date of December 31, 2024, unless otherwise amended pursuant to the conditions of this DO and Section 380.06, Florida Statutes. Termination Date 5. This DO shall expire on December 31, 2024. Transfer of Approval 6. Notice of Transfer of all or a portion of the subject property shall be filed with the Indian River County Board of County Commissioners. Prior to transfer, the transferee shall assume in writing, on a form acceptable to the County Attorney, any and all applicable commitments, responsibilities, and obligations pursuant to the DO. The intent of this Provision is to ensure that subsequent property transfers do not jeopardize the unified control, responsibilities, and obligations required of the project as a whole. Annual Report 7. The annual report required by subsection 380.06(18), Florida Statutes, shall be submitted each year on the anniversary date of the adoption of the DO to Indian River County, the Council, the Florida Department Environmental Protection, the Florida Department of Transportation, the St Johns River Water Management District and such additional parties as may be appropriate or required by law. The contents of the report shall include those items required by this DO and Rule 9J-2.025(7), FAC. The Indian River County community development director shall be the local official assigned the responsibility for monitoring the development and enforcing the terms of the DO. General Provisions 8. Any modifications or deviation from the approved plans or requirements of this DO shall be made according to and processed in compliance with the requirements of Section 380.06(19), Florida Statutes and Rule 9J-2, FAC. 9. The definitions found in Chapter 380, Florida Statutes shall apply to this DO. 10. Reference herein to any governmental agency shall be construed to mean any future instrumentality that may be created or designated as a successor in interest to, or which otherwise possesses the powers and duties of any referenced governmental agency in existence on the effective date of this DO. 11. This DO shall be binding upon the developer and its assignees or successors in interest. MASTER DEVELOPMENT PLAN (Conceptual PD Plan) 12. The Master Development Plan for Waterway Village DRI shall be attached as Exhibit "B" and considered binding, subject to Paragraph 3.c. The master development plan provides for a mix F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\waterway Village.DOC 4 RESOLUTION 2010- 037 of residential unit types, neighborhood commercial uses, an elementary school site and an EMS site. In addition, the plan provides for certain public roads (51st Court, 53rd Street and 43rd Avenue) traversing the site. TRANSPORTATION Rights -of -Way 13. No building permits for Waterway village DRI shall be issued until the ultimate rights-of-way within the project along 53rd Street, 58'h Avenue, 49th Street, and 43rd Avenue and all intersections thereof, have been dedicated free and clear of all liens and encumbrances to Indian River County as necessary and consistent with the Indian River County Comprehensive Plan. 14. The north/south street identified as 51st Court shall be dedicated to the County and remain open as a public street. External Roadway Improvements 15. As a minimum, the developer shall pay a fair share contribution consistent with the road impact fee ordinance of Indian River County in effect at the time of issuance of building permits. Chapter 380, Florida Statutes, also requires that any DRI DO exaction or fee required shall be credited toward an impact fee or exaction imposed by local ordinances for the same need. The applicant, through the PD process, has agreed to dedicate all rights-of-way without compensation, including traffic impact fee credit. These dedications are specified in the PD analysis. Any exaction receiving credit for impact fees must be in accordance with agreements between the developer and Indian River County. Certain areas of the site are subject to Murphy Act Easements. The County shall release its interest in those easements in conjunction with the previously described dedication of the necessary road rights-of-way. 16. No C.O's (certificates of occupancy) for Waterway Village DRI shall be issued until the following roadways have been built in compliance with Indian River County design standards and regulations: 53rd Street from 58th Avenue to the western most project entrance with a westbound left turn lane on 53rd Street at 58th Avenue. 58th Avenue temporary construction entrance, located between 49th Street and 53rd Street., and provide northbound right turn lanes, southbound left turn lanes, and flasher convertible signal. 17. Prior to the issuance of a Land Development Permit for Phase 1, the developer shall obtain County and Indian River Farms Water Control District release of their interests in the H-1 canal and adjacent 53rd Street existing right -of way. 18. Prior to the issuance of a certificate of completion for Phase 5 or Phase 7, the southern leg of the 43rd Avenue extension, from the northern project entrance on 43rd Avenue to 49th Street, shall be completed as identified on the master development plan. F:\Connnunity Development\Users\CurDev\RESOLUTLON12010 Resolutions\Waterway Village.DOC 5 RESOLUTION 2010- 037 Intersection Improvements 19. No building permits for Waterway Village DRI shall be issued after January 1, 2011 until either: 1) contracts have been let for the intersection improvements identified below; or 2) a local government developer's agreement has been executed and attached as an exhibit to the DO. Surety shall be provided to the satisfaction of Indian River County or the Florida Department of Transportation that sufficient funds will be available to complete the following intersection improvements, including signalization modifications as warranted by County or State criteria. • 53rd Street and 58th Avenue: Signalize intersection and add left turn lanes on the north, south, and east approaches. • 53rd Street/Project entrance (51st Court): Install flasher convertible signal and provide a generator for testing if power is not available by January 1, 2011. • 49th Street/Project Entrance (51St Court): Install flasher convertible signal. 20. No building permits for Waterway Village DRI shall be issued for more than 337 dwelling units or after December 31, 2005, whichever occurs later, until either: 1) a contract has been let for the intersection improvement identified below; or 2) the improvement identified below has been included within the first two years of either the Indian River County adopted Road Building Program, or the Florida Department of Transportation adopted Five Year Work Program; or 3) a local government developer's agreement has been executed and attached as an exhibit to the DO. Surety shall be provided to the satisfaction of Indian River County or the Florida Department of Transportation that sufficient funds will be available to complete the following roadway and intersection improvement, including signalization modifications as warranted by County or State criteria. • 53rd Street from 58t11 Avenue to the project entrance (51st Court) as a two lane roadway. 20a. No later than six months after such time as the traffic modeling done in conjunction with the Annual Report determines that the traffic volumes on 58t1i Avenue between 49th Street and 53rd Street exceed the adopted level of service or by January 1, 2015, whichever occurs first, the four-laning of 58th Avenue between 49111 Street and 53rd Street shall be commenced and shall be completed within twelve months after commencement. In the event the developer fails to commence construction within six months of the date the traffic modeling is submitted or by January 1, 2015, whichever occurs first or fails to complete construction within twelve months after commencement, the County shall cease issuing building permits unless and until the developer commences construction or completes construction, respectively. The following intersection improvement shall be completed as part of the four-laning of that segment: • 49t1 Street and 58th Avenue: Signalize intersection and add left turn lanes on all approaches 20b. The County shall notify the developer after the County acquires all necessary rights-of-way and completes the design for the following project. Within six (6) months from the date of F:\Community Development\Users\CurDev\RESOLUTION\2010 Resohrtions\Waterway Village.DOC 6 RESOLUTION 2010- 037 the County's notice to commence construction, the developer shall commence construction of the following intersection improvements. The developer shall have twelve months to complete the construction from the date of the County's notice to commence construction. In the event the developer fails to commence construction within six months of the developer's receipt of the County's notice or fails to complete construction within twelve months of receipt of the notice, the County shall cease issuing building permits unless and until the developer commences construction or completes construction, respectively. • 45th Street and 58th Avenue: Signalize intersection and add left turn lanes on all approaches 21. No building permits for Waterway Village DRI shall be issued for more than 635 dwelling units or after December 31, 2006, whichever occurs later, until either: 1) contracts have been let for the intersection improvements identified below; or 2) the improvements identified below have been included within the first two years of either the Indian River County adopted Road Building Program, or the Florida Department of Transportation adopted Five Year Work Program; or 3) a local government developer's agreement has been executed and attached as an exhibit to the DO. Surety shall be provided to the satisfaction of Indian River County or the Florida Department of Transportation that sufficient funds will be available to complete the following intersection improvements, including signalization modifications as warranted by County or State criteria. • 26t1 Street and 43rd Avenue: Add northbound, southbound, eastbound, and westbound right -turn lanes. 22. No building permits for Waterway Village DRI shall be issued for more than 731 dwelling units or after December 31, 2006, whichever occurs later, until either: 1) contracts have been let for the intersection improvements identified below; or 2) the improvements identified below have been included within the first two years of either the Indian River County adopted Road Building Program, or the Florida Department of Transportation adopted Five Year Work Program; or 3) a local government developer's agreement has been executed and attached as an exhibit to the DO. Surety shall be provided to the satisfaction of Indian River County or the Florida Department of Transportation that sufficient funds will be available to complete the following improvements, including signalization modifications as warranted by County or State criteria. • 43rd Avenue to 53rd Street: The north leg,of 43rd Avenue extension, from the northern project entrance on 43rd Avenue to 53rd Street, shall be completed prior to issuance of a certificate of completion for Phase 3. • 43rd Avenue and 53rd Street: Add northbound right turn and left turn lanes and westbound left turn lane and install flasher convertible signal. 23. No building permits for Waterway Village DRI shall be issued for more than 859 dwelling units or after December 31, 2007, whichever occurs later, until either: 1) contracts have been let for the intersection improvements identified below; or 2) the improvements identified below have F:\Comnnmity Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 7 RESOLUTION 2010- 037 been included within the first two years of either the Indian River County adopted Road Building Program, or the Florida Department of Transportation adopted Five Year Work Program; or 3) a local government developer's agreement has been executed and attached as an exhibit to the DO. Surety shall be provided to the satisfaction of Indian River County or the Florida Department of Transportation that sufficient funds will be available to complete the following intersection improvements, including signalization modifications as warranted by County or State criteria. • 26th Street and 58th Avenue: Add westbound right turn lane. • 53rd Street and US -1: Add eastbound right and left turn lanes. 24. No building permits for Waterway Village DRI shall be issued for more than 899 dwelling units or after December 31, 2008, whichever occurs later, until either: 1) contracts have been let for the intersection improvements identified below; or 2) the improvements identified below have been included within the first two years of either the Indian River County adopted Road Building Program, or the Florida Department of Transportation adopted Five Year Work Program; or 3) a local government developer's agreement has been executed and attached as an exhibit to the DO. Surety shall be provided to the satisfaction of Indian River County or the Florida Department of Transportation that sufficient funds will be available to complete the following intersection improvements, including signalization modifications as warranted by County or State criteria. • SR 60 and 43rd Avenue: Add a northbound Left turn lane and a southbound right turn lane. • 43rd Avenue and 49th Street: Add left lanes on all approaches and install flasher convertible signal. 25 No building permits for Waterway Village DRI shall be issued for more than 1,150 dwelling units or after December 31, 2009, whichever occurs later, until either: 1) contracts have been let for the intersection improvements identified below; or 2) the improvements identified below have been included within the first two years of either the Indian River County adopted Road Building Program, or the Florida Department of Transportation adopted Five Year Work Program; or 3) a local government developer's agreement has been executed and attached as an exhibit to the DO. Surety shall be provided to the satisfaction of Indian River County or the Florida Department of Transportation that sufficient funds will be available to complete the following intersection improvements, including signalization modifications as warranted by County or State criteria. • SR60 and 58th Avenue: Add northbound and southbound through (three lanes each) and right turn lanes. Add eastbound and westbound left turn lanes (two lanes each). 26. No building permits for Waterway Village DRI shall be issued for more than 1,554 dwelling units or after December 31, 2011, whichever occurs later, until either: 1) contracts have been let for the intersection improvements identified below; or 2) the improvements identified below have been included within the first two years of either the Indian River County adopted Road Building Program, or the Florida Department of Transportation adopted Five Year Work F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 8 RESOLUTION 2010- 037 Program; or 3) a local government developer's agreement has been executed and attached as an exhibit to the DO. Surety shall be provided to the satisfaction of Indian River County or the Florida Department of Transportation that sufficient funds will be available to complete the following intersection improvements, including signalization modifications as warranted by County or State criteria. • 49th Street and US 1: Add eastbound left turn lanes and signalize. Internal Roadway Improvements 27. As a minimum, the following turn lanes shall be provided at the intersection of 53rd Street and the project entrance (51st Court): Westbound left -turn lane Eastbound right -turn lane Northbound left and right -turn lanes 28. As a minimum, the following turning lanes shall be provided at the intersection of 49°i Street and the project entrance (51st Court): Westbound right -turn lane Eastbound left turn lane Southbound left -turn lane and right turn lanes Other Issues 29. Once the County has commenced construction on the segment of 53rd Street between the Lateral H Canal bridge and the FEC railroad crossing, the County shall notify the developer to commence construction on the portion of 53rd Street from the Lateral H Canal bridge to the existing 53rd Street terminus. Within six months from the date of the County's notice to commence construction, the developer shall commence the construction of that segment and shall complete construction of that segment within eighteen months after commencement.. In the event that the developer fails to commence construction within six months of the developer's receipt of the County's notice or fails to complete construction within eighteen months after commencement, the County shall cease issuing building permits unless and until the developer commences construction or completes construction, respectively 30. Commencing in 2005 and continuing every year thereafter, the developer shall submit an Annual Status Report indicating the status (schedule) guaranteed improvements, monitoring and study. This Annual Status Report shall be submitted to Indian River County, Florida Department of Transportation, Council and the Department of Community Affairs as part of the DRI Annual Report. The Annual Status Report shall list all roadway improvements needed to be constructed, the guaranteed date of completion for the construction of each needed improvement, the party responsible for the guaranteed construction of each improvement, and the form of the binding commitment that guarantees construction of each improvement. Additionally, this report shall F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 9 RESOLUTION 2010- 037 include a trip generation study determining new external traffic during both the AM and PM peak hours due to existing development. No further building permits for Waterway Village DRI shall be issued at the time the Annual Status Report reveals that any needed transportation improvement included in the DO is no longer scheduled or guaranteed, or has been delayed in schedule such that it is not guaranteed to be in place and operational, or under actual construction consistent with the timing criteria established in this DO. ENVIRONMENTAL AND NATURAL RESOURCES Upland Preservation 31 The developer shall preserve a minimum of 66 acres of forested pine flatwoods, sand pine, pine/mesic oak, and sand live oak natural communities on the project site as described on Map F, and shown on Map H of the DRI ADA and PD plan for Waterway Village. The intent of this development condition is to provide protection of upland natural communities, to provide habitat for wildlife, and to assist in improving water quality by buffering wetlands and water bodies. The continued viability and maintenance of the preserve area shall be assured through a Conservation Easement with Indian River County and the St Johns River Water Management District as part of the Development Plan. Said easement shall be properly executed and recorded prior to issuance of a certificate of occupancy for any portion of the project. 32. Temporary fencing of all preserve areas shall be installed by the developer and inspected and approved by Indian River County prior to commencement of site clearing adjacent to the preserve area. The fencing shall be of a type that clearly identifies and designates the boundaries of the preserve areas and minimizes the potential disturbance of these features during land clearing and construction. The temporary fencing shall be established at least 30 feet outside the actual boundary of the preserve areas. Temporary fencing shall stay in place until it is necessary to remove it for finish grading, required buffers, or required permanent fencing. These provisions shall be addressed in any land clearing permit(s) issued by Indian River County for the project. 33. The developer shall incorporate provisions into the road design to enable wildlife, including amphibians, reptiles, and small mammals, to safely cross between the wetland and upland preserve areas. Wildlife underpasses are necessary to connect the upland preserves north and south of the proposed 53rd Street Extension. The design of the wildlife crossings shall be approved by the FFWCC prior to the construction of these roads and issuance of a land development permit or right-of-way permit for 53rd Street construction. 34. The developer shall prepare a Preserve Area Management Plan for the conservation areas, upland buffers, and retained wetlands identified on the Waterway Village Master Development Plan. The plan shall 1) identify management procedures and provide a schedule for their implementation; 2) include procedures for maintaining suitable habitat for state and federally listed species; 3) include methods to remove nuisance and exotic vegetation and any other species that are determined to threaten the natural communities; and 4) include plans to permanently mark the conservation areas and allow only limited access for passive recreation, education, or scientific study. The management plan shall be approved by Indian River County, F:\Community Development\Users\CurDelARESOLUTION\2010 Resolutions\Waterway Village.DOC 10 RESOLUTION 2010- 037 USFWS, and FFWCC and St. Johns River Water Management District prior to the initiation of site clearing activities and issuance of a land clearing permit(s) by Indian River County for the project. Listed Species 35. In order to protect a nesting pair of Bald Eagles on the project site, the developer shall preserve and manage the area identified as Eagle Preserve/Habitat Enhancement on the Master Development Plan and PD plan. The developer shall comply with all management procedures and development restrictions detailed in the U.S. Fish and Wildlife Service Habitat Management Guidelines for the Bald Eagle in the Southeastern Region, provided in the appendix of Council's Assessment Report for the Waterway Village. The plan shall be approved by the USFWS prior to the initiation of site clearing on the project site and issuance of a land clearing permit(s) by Indian River County for the project. Details of the Bald Eagle protection measures shall be provided in the Preserve Area Management Plan. 36. In order to provide mitigation for impacts to the Florida Scrub -Jay on the project site, the developer shall coordinate with the USFWS and the Florida Park Service to develop an off-site mitigation plan. The developer shall pursue all options for scrub jay mitigation within Indian River County. Prior to the approval of a plan that provides mitigation for the Florida Scrub -Jay on lands outside of Indian River County, the developer shall provide documentation to Indian River County demonstrating why mitigation could not be provided in the County. The habitat mitigation plan shall be approved by Indian River County, the USFWS, and the Florida Park Service prior to the initiation of site clearing on the project site and issuance of a land clearing permit(s) by Indian River County for the project, and incorporated in the Preserve Area Management plan. 37. To further offset impacts to the Florida Scrub -Jay, the developer shall manage the scrub communities, including the sand pine, and sand live oak, and any scrubby pine flatwoods in the upland preserve areas in a way that is suitable for the Florida Scrub -Jay. The developer shall comply with all USFWS, and FFWCC recommendations regarding the management of habitat for this State and federally threatened species. The plan shall be approved by Indian River County, the USFWS, and FFWCC prior to the initiation of site clearing on the project site and issuance of a land clearing permits) by Indian River County for the project. Details of the scrub habitat management procedures shall be provided in the Preserve Area Management Plan. 38. In order to protect gopher tortoise population on the project site, the developer shall develop a detailed management plan that provides for the protection and relocation of gopher tortoises into the conservation area identified on the Master Development Plan. The developer shall comply with the FFWCC gopher tortoise protection guidelines. The plan shall be approved by Indian River County and the FFWCC prior to the initiation of site clearing on the project site and issuance of a land clearing permit(s) by Indian River County for the project. Details of the gopher tortoise protection measures shall be provided in the Preserve Area Management Plan. 39. In order to protect Florida Sandhill Crane on the project site, the developer shall maintain foraging habitat around wetlands preserved and created on the project site. The developer shall comply with all FFWCC recommendations regarding the creation of the foraging habitat for this State listed threatened species. The Preserve Management Area plan shall be approved by F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 11 RESOLUTION 2010- 037 Indian River County and the FFWCC prior to the initiation of site clearing on the project site and issuance of a land clearing permit(s) by Indian River County for the project. Details of how the Florida Sandhill Crane foraging habitat will be maintained shall be provided in the Preserve Area Management Plan. 40. In order to protect the eastern indigo snake on the project site, the developer shall prepare an eastern indigo snake protection/education plan consistent with the USFWS guidelines. The plan shall consist of providing educational materials and informational signs. The plan shall be approved by Indian River County and the USFWS prior to the initiation of site clearing on the project site and issuance of a land clearing permit(s) by Indian River County for the project. Details of the eastern indigo snake protection/education plan shall be provided in the Preserve Area Management Plan. 41. The developer shall maintain Wood Stock foraging habitat on site by ensuring no additional net loss of wetland function and value, and by designing wetland mitigation areas to have suitable foraging habitat for the Wood Stork. The developer shall comply with all USFWS recommendations regarding the creation of foraging habitat for this federally endangered species. The Preserve Area Management plan shall be approved by Indian River County and the USFWS prior to the initiation of site clearing on the project site and issuance of a land clearing permit(s) by Indian River County for the project. Details of the wetland creation design, procedures, and management schedule shall be provided in the Preserve Area Management Plan. 42. In the event that it is determined that any additional representative of a state or federally listed plant or animal species is resident on, or otherwise significantly dependant upon, the project site, the developer shall cease all activities which might negatively affect that individual population and immediately notify Indian River County and Council. Proper protection, to the satisfaction of the Indian River County and Council, in consultation with the USFWS and the Florida Game and Fresh Water Fish Commission, shall be provided by the developer. These provisions shall be addressed in any land clearing permit(s) issued by Indian River County for the project. Wetlands 43. The developer shall preserve and enhance minimum of 5.0 acres of wetlands identified as wetlands A, F, G, and M on Map F1, Wetlands Map, in the ADA for the Waterway Village DRI and as shown on the PD plan. The preserved and enhanced wetlands shall be protected within a Conservation Easement established with Indian River County and the St. Johns River Water Management District. Said easement shall be properly executed and recorded prior to issuance of a certificate of occupancy for any portion of the project. 44. The developer shall coordinate with the St. Johns River Water Management District, U.S. Army Corps of Engineers, and Indian River County to determine the exact acreage and type of wetland mitigation required to offset wetland impacts on the project site. Wetland mitigation requirements shall be determined following the Unified Mitigation Assessment Method provided in Chapter 62-345, FAC. Methods for the creation and management of wetland mitigation areas on the project site shall be described in the Preserve Area Management Plan to F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 12 RESOLUTION 2010- 037 be approved by Indian River County, and take place in Indian River County. This determination shall be made prior the issuance of wetland resource permit by Indian River County. 45. All wetlands mitigation shall be completed prior to or simultaneous with the elimination of existing wetlands on the site. The detailed plans for mitigation shall be approved by the St. Johns River Water Management District and Indian River County in consultation with Council prior to the initiation of the mitigation plan and prior to the release of any site plan or land clearing permit for all or a portion of the project. Reasonable assurance of financial ability to carry out the commitments in the approved mitigation plan shall be provided in a method agreed to and approved by Indian River County. Said assurances and commitments shall be approved by Indian River County planning staff prior to release of any site plan or issuance of any land development permit for all or a portion of the project. 46. The developer shall preserve or create a buffer zone of native upland edge vegetation around all wetlands preserved, restored, or created on site. The buffer zone shall include canopy, understory, and ground cover of native upland species. The upland buffers shall be restored to a natural condition if invaded by exotic vegetation or impacted by agricultural activities. The upland buffers shall be a minimum width of 15 feet and shall average 25 feet around the entire wetland. The buffer shall be shown on all appropriate project site plans and shall be designed to be consistent with the buffer requirements of St. Johns River Water Management District and Indian River County. During construction, the upland buffers adjacent to preserved or created wetlands shall be clearly marked prior to the commencement of construction activities to ensure those areas are protected. These provisions shall be addressed in any land clearing permit(s) issued by Indian River County for the project. The upland buffers shall be maintained according to the details provided in a Preserve Area Management Plan to be approved by Indian River County. Exotic Species 47. Prior to obtaining a certificate of occupancy for any future structure located on any development parcel, the developer shall remove from that parcel all Melaleuca, Brazilian pepper, Old World climbing fern, Australian pine, and any other nuisance and invasive exotic vegetation listed by the Florida Exotic Pest Plant Council. Removal shall be in a manner that avoids seed dispersal by any of these species. These provisions shall be addressed in any land clearing permit(s) issued by Indian River County for the project. There shall be no planting of these species on site. Methods for removal of exotic and nuisance species should be described in the Preserve Area Management Plan. The entire site, including conservation area, shall be maintained free of these species in perpetuity. Stormwater Management 48. The developer shall design and construct a stormwater management system to retain the maximum volumes of water consistent with St. Johns River Water Management District criteria and local code requirements for flood control. Post -development runoff volumes and rates shall not exceed predevelopment runoff volumes and rates consistent with Water Management District and Indian River Farms Water Control District criteria. The system shall be designed and constructed consistent with the criteria and requirements of St. Johns River Water F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 13 RESOLUTION 2010- 037 Management District and Indian River County. Required retention volumes may be accommodated in a combination of vegetated swales, dry retention areas, lakes with vegetated littoral zones, or other suitable detention/retention structures. All discharges from the surface water management system shall meet the water quality standards of FAC Rule 17-3. These provisions shall be addressed in project improvement plans submitted to Indian River County for review and permitting. 49. The developer shall design and construct the surface water management system so that maintenance of normal hydroperiods within preserved wetlands can be guaranteed against the negative impacts of activities within the project boundaries, and so that the functions and values provided by these preserve areas will be maintained. Via the site plan and preliminary PD plan review and permitting process, the developer shall submit a plan establishing wetland control elevations and post -development drainage sub -areas for each wetland to St. Johns River Water Management District and Indian River County for approval. This plan may be included in the Preserve Area Management Plan. The plan shall demonstrate how sufficient quantities of surface runoff from portions of the developed areas will be conveyed to wetland areas in order to maintain or improve their existing hydroperiod. 50. All elements of the stormwater management system shall be designed to prevent impacts to adjacent areas and to the receiving bodies of water, including the North Relief Canal and the Indian River Lagoon. The lakes within Waterway Village DRI shall be designed to treat the stormwater from developed parcels as well as the stormwater from adjacent roadways, including 49th Street, 53rd Street, 43rd Avenue, 58th Avenue, 51st Court and any other roads identified as appropriate by Indian River County. The developer shall prepare plans that reasonably demonstrate that these waterbodies and adjacent properties will not be negatively impacted by water quantity or timing of delivery. These plans shall be approved by St. Johns Water Management District and Indian River County prior to the construction of the surface water management system. 51. The developer shall coordinate with the IRFWCD and SJRWMD to identify the preferred locations to discharge storm water from the project site. The developer shall not relocate the existing control structure located just east of 58th Avenue in the North Relief Canal. 52. During the site plan and preliminary PD plan review process, the developer and Indian River County shall work together to minimize the amount of impervious surface constructed for the purposes of automobile parking on the Waterway Village site. The developer and the County shall consider the use of pervious parking lot materials where feasible. 53. Landscape management shall be addressed within the Preserve Area Management Plan prior to applying for an Environmental Resources Permit and installing landscape material on the project site. The Preserve Area Management Plan shall provide detail concerning the application of fertilizers, herbicides and pesticides in landscaped areas. The plan shall include methods for minimizing the impact of chemical runoff associated with lawn and landscape maintenance. The developer shall coordinate with the St. Johns River Water Management District to formulate and implement BMPs to reduce the use of pesticides and fertilizers throughout the project. F:\Community Development\Users\CurDev\RESOLUTION 12010 Resolutions\Waterway Village.DOC 14 RESOLUTION 2010- 037 54. A vegetated littoral zone shall be established in the lakes constructed on site. The littoral zone shall be constructed to provide a minimum of 40 SF of littoral area for every linear foot of lakeshore not adjacent to residential units. Prior to the expansion of the existing lake system, the developer shall prepare a design and management plan for the wetland/littoral zone that will be developed as part of that system. The plan may be incorporated into the Preserve Area Management Plan and shall be subject to approval by the St. Johns River Water Management District, and Indian River County prior to beginning any excavation activity. Littoral zones shall be constructed concurrent with lake excavation and final grading, and shall contain wetland trees (Cypress, Maple, Sweetgum, etc.). A minimum of 1 tree per 10' of shoreline is required. The trees may be grouped and must be a minimum of 5' tall with a 1" caliper. Operational permits for the surface water management system shall not be issued nor shall a certificate of occupancy for any portion of the project be issued until such time as littoral zones have been found to be constructed in conformance with approved plans. Littoral zones must be approved prior to the issuance of a site plan or land development permit for each phase. 55. Maintenance and management efforts required to assure the continued viability of preserved wetland habitats and the proper operation of all components of the surface water management system shall be the financial and physical responsibility of the developer. Any entities subsequently approved by Indian River County to replace the developer shall be required, at a minimum, to assume the responsibilities outlined above. 56. A minimum of 50% of the landscape material shall be native drought -tolerant species. This requirement shall be reflected in all landscape plans submitted for review and approval. Water Supply 57. No building permits shall be issued, site plans released, or land development permits issued for any phase of the Waterway Village development until the developer has provided written confirmation from the St. Johns River Water Management District that they have coordinated the abandonment of free-flowing Floridian aquifer wells on site and completed the abandonment process. 58. No building permits shall be issued, site plans released, or land development permits issued for any phase of the Waterway Village development until the developer has provided written confirmation from the St. Johns River Water Management District and Indian River County Department of Utility Services that adequate capacity of treated potable water and service/distribution infrastructure will exist by development of the phase. The developer shall enter into an agreement with Indian River County to construct a 12" diameter master planned water main and 12" diameter master planned force main along 53rd Street from 58th Avenue to the eastern property line of the project site. 59. The preferred source of irrigation water shall be treated wastewater effluent at such time as this source is made available at the site. Should treated wastewater be unavailable or a supplemental source of irrigation be needed, existing or created surface water (i.e. lakes or canals) shall be used to the maximum extent available. Project site plans, preliminary PD plans, and land development permit plans shall show that the project's irrigation systems will be designed and installed in a manner that will allow utilization of reuse water. Irrigation systems shall be connected to reuse water when it becomes available. The developer shall enter into a reuse F:\Community Development\Users\CurDev\RESOLUTION \2010 Resolutions\Waterway Village. DOC 15 RESOLUTION 2010- 037 agreement with Indian River County to accept stormwater/brine/wastewater effluent for augmenting lake supply to be used for irrigation and maintaining pond levels. The developer shall coordinate with the St. Johns River Water Management District to establish a suitable irrigation water use rate that may allow use of excess storm water to divert it away from other water resources, such as the Indian River Lagoon. 60. In order to reduce irrigation water demand, xeriscape landscaping shall be implemented throughout the project. At a minimum, 50 percent of all areas requiring landscaping material shall be landscaped with native drought -tolerant adapted to soil and climatic conditions existing on site. Project site plans and preliminary PD plans shall show compliance with this provision. 61. The project shall use water -saving plumbing fixtures and other water conserving devices as specified in the Water Conservation Act, Section 553.14, Florida Statutes, to reduce water use for future project development. 62. Prior to issuance of a land development permit or site plan release, the developer shall obtain a developer's agreement from Indian River County to provide for the provision of utility improvements, acceptance of reuse water and possibly brine water. Wastewater Management 63 No building permits shall be issued, site plans released, or land development permits issued for the Waterway Village development until the developer provides evidence from the Indian River County Department of Utility Services to Indian River County Planning Department that adequate capacity, service infrastructure, and adequate provision for the effluent disposal will be available to collect and treat and dispose of the wastewater generated by the portion of the development for which permits are required. This provision shall be addressed via Indian River County's concurrency management system 64. Prior to or via the final plat, the developer shall grant a 20' wide drainage and utility easement to Indian River County along the site's east property line. Solid Waste and Hazardous Materials 65. Development shall occur concurrently with the provision of adequate solid waste disposal services and facilities. Prior to issuance of any site plan approval or issuance of a land development permit for any phase of development, the developer shall provide to Indian River County planning staff written evidence from the Indian River County Waste Management Disposal District that adequate facilities will be available when needed. Air Quality 66. During land clearing and site preparation, soil treatment techniques appropriate for controlling unconfined particulate emissions shall be undertaken. If construction on a parcel will not begin within thirty days of clearing, the soil shall be stabilized until construction of the parcel begins. Cleared areas may be sodded, seeded, landscaped or mulched to stabilize the soil. Minimal clearing for access roads, survey lines, fence installation, or construction trailers and equipment staging areas is allowed without the need for soil stabilization. The purpose of this condition is F:\Community Development\Users\CurDev\RESOLUTION\2010 Resohdions\Waterway Village.DOC 16 RESOLUTION 2010- 037 to minimize dust and dirt production during land clearing and to prevent soil from becoming airborne between the time of clearing and construction. These provisions shall be addressed in any land clearing permit(s) issued by Indian River County for the project. HUMAN RESOURCE ISSUES Schools 67. Prior to the issuance of building permits for any phase of development, the developer must obtain a letter from the School District of Indian River County stating that the district has sufficient space and capacity at schools serving the project to adequately meet the educational needs of students expected to be generated by the project, concurrent with need and with any levels of service standards that may apply. 68 Prior to the issuance of a land development permit or release of a site plan for the first phase, the developer shall convey by warranty deed to Indian River County, free and clear of any liens and encumbrances, the 18 acre site depicted on the master development plan. The conveyance shall be without compensation and shall not be creditable against any future school impact fee. The site shall be cleared, brought up to grade, seeded, and provided with water and sewer connections by the developer prior to the issuance of a certificate of completion for Phase 1. The County will transfer title to the Indian River County School Board. In addition, the Waterway Village stormwater management system shall be designed to accommodate run-off from the school site. Any reverter clause in the school site conveyance shall extend a minimum of 20 years from the date of conveyance. Any reverter clause used shall be approved by the County Attorney and shall have the property revert to Indian River County for use as public open space or public park area. Police and Fire Protection 69. Prior to the issuance of any building permits, release of any site plan or issuance of any land development permits for the Waterway Village project, the developer shall provide Indian River County and the Council with written confirmation from the Indian River County Sheriff that law enforcement is adequate to serve the project at buildout. The developer shall provide a solution acceptable to the Indian River County Sheriff Department prior to obtaining a certificate of occupancy for any structure in each phase of the development. 70. Prior to December 3, 2004, the developer shall convey by warranty deed a 4 -acre site free and clear of all liens and encumbrances for Emergency Services, as shown on the PD plan. 71 Prior to obtaining a certificate of occupancy for any structure located on any development parcel, the developer shall provide the County written confirmation from Indian River County Department of Emergency Services Fire Rescue Division that there is sufficient manpower, equipment and response time to adequately serve the fire protection/emergency medical service needs of those portions of the project that are ready for occupancy. F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 17 RESOLUTION 2010- 037 Hurricane Preparedness 72. Prior to obtaining a building permit for any structure located on any development parcel, the developer shall provide evidence that emergency shelter facilities have been provided for residents of the Waterway Village. Emergency shelter requirements shall be accomplished through providing a safe space (safe room) within each home. The safe room shall be provided in accordance with the standards as adopted by the Federal Emergency Management Agency's publication "Taking Shelter from the Storm". Each building permit application for each residential unit shall include a safe room within each unit, and no certificate of occupancy (C.O.) for a residential unit shall be issued unless the safe room is completed. Historic and Archaeological Sites 73. Prior to commencement of any clearing activities on the project site or issuance of a land clearing permit, the developer shall conduct a professional archaeological investigation to determine if archaeological or historic resources are present within the project area. The report shall conform to the specifications set forth in Chapter 1A-46, FAC, and be forwarded to the Florida Department of State, Division of Historical Resources. If significant remains are located, the developer shall implement measures to avoid, minimize, or mitigate adverse impacts to historic properties to the satisfaction of the Division of Historical Resources. 74. In the event of discovery of any archaeological artifacts during project construction, construction shall stop in the area of discovery and immediate notification provided to Indian River County and the Division of Historical Resources in the Florida Department of State. Proper protection shall be provided to the satisfaction of the Division. Energy 75. The final site and building designs shall comply with the Florida Thermal Efficiency Code Part VII, Chapter 553, Florida Statutes. To the maximum extent feasible, the developer shall also incorporate measures identified in Council's energy plan guide entitled, Energy Planning in the Twenty -First Century: A Guide for Florida Communities, updated January 2003; and the SRPP. 76. The developer shall incorporate each of the 17 energy saving methods outlined in the appendix of Council's Assessment Report for the Waterway Village unless it can be demonstrated to the satisfaction of Indian River County that individually each method is not cost effective. Local Conditions The following items shall be considered local development conditions and will not require approval of the Treasure Coast Regional Planning Council to amend: 77. The perimeter landscape berm shall have an aesthetic and well maintained appearance with a berm and landscaping as the predominate features. No walls or fences used with the berm are to be visually exposed to public view. Perimeters shall be designed so as not to have the appearance of a "walled" community. The width of the perimeter buffer shall be a minimum of 40 feet. F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 18 RESOLUTION 2010- 037 78. Streetlights must be provided along the site's 49th Street, 43rd Avenue, 58th Avenue, 53rd Street and 51st Court frontages. These streetlight improvements shall not be part of the Gifford Street lighting District. 79. In conjunction with the 43rd Avenue extension, the developer shall provide landscape plans that blend landscape improvements along the project's 43rd Avenue and 49t1i Street frontages with the area of 43rd Avenue located south of 49t1i Street and within the Gifford Park. Prior to issuance of a land development permit for 733 dwelling units, the developer shall submit and obtain planning staff approval of a landscape plan for these off-site landscape improvements. These off-site landscape improvements shall be completed prior to issuance of a certificate of occupancy for 828 dwelling units. 80. The following external pedestrian improvements are required: Roadway From To Selected Facility 49th Street 43rd Avenue East Property Line 8' sidewalk, north side 49th Street 58th Avenue 43rd Avenue 8' sidewalk, north side 53rd Street 43rd Avenue East Property Line 5' sidewalk, both sides 53rd Street 58th Avenue 43rd Avenue 5' sidewalk, both sides 58th Avenue 49t" Street North Property Line 5' sidewalk, both sides 43rd Avenue 49th Street 53rd Street 5' sidewalk, both sides 81. All internal streets shall have 5' wide sidewalks on both sides, with an 8' wide pedestrian path connection stub -out to the school site. Along 51St Court from 49th Street to 53rd Street, 8' wide sidewalks shall be provided on both sides. Recreation paths shall be provided within the preserve areas and limited public access allowed (e.g. scheduled tours) in coordination with the Waterway Village Management. All sidewalk and pedestrian path improvements shall be depicted on all land development permit plans. 82. The neighborhood commercial area shall be subject to architectural standards that are consistent with the residentia 1 development and generally consistent with the SR6O corridor criteria, including the monument sign criteria. The developer shall obtain planning staff approval of architectural plans for all buildings and signs within the neighborhood commercial area. 83. A street tree planting plan shall be provided with each preliminary PD plan, and the developer shall obtain staff approval of the street tree planting plan. 84. The developer shall explore locations for transit/bus stops with each preliminary design phase of the PD. Transit/bus stop improvements may be required. 85. An annual report shall be filed November 1st of every year after adoption of the DO and shall contain the following: a. A description of changes in the plan of development, or in the phasing for the reporting year and for the next year. F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 19 RESOLUTION 2010- 037 b. A summary comparison of development activity proposed and actually conducted for the year. c. Identification of undeveloped tracts of land that has been sold, transferred or leased to a successor developer. d. Identification and intended use of lands purchased, leased or optioned by the developer adjacent to the original PD site since the PD rezoning was approved. e. An assessment (listing) of the developer's compliance with each condition of the DO, PD rezoning conceptual PD plan approval. f. A description of any request, and the status of that request, for a modification to the approved conceptual plan that was filed in the reporting year or is anticipated to be filed during the next year. g. An indication of a change, if any, in local government jurisdiction of any portion of the development since the conceptual PD was approved. h. A list of significant local, state and federal permits which have been obtained, or which are pending by agency, type of permit, permit number and purpose of each. i. A list specifically addressing the following items in regard to the entire subject property: 1. square footage of development approved for construction by land use type; 2. square footage of structures and facilities under construction by land use type; 3. square footage of structures and facilities completed by land use type; 4. total number of residential certificates of occupancies for the project; 5. the number of residential certificates of occupancies obtained during the one year reporting date; 6. status of the functioning and maintenance of the surface/stormwatcr management system; 7. status of water, wastewater, and irrigation services and infrastructure; 8. status and viability of any planted littoral zone, upland edge vegetation, or required buffer; 9. a report addressing all traffic monitoring conditions; 10. a list of traffic improvements completed, under construction or design; F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 20 RESOLUTION 2010- 037 1 1. the number of school age children living within the project (every other report); 12. dedications of sites, right-of-way, easements, and improvements to public entities. Effective Date of Amendments The amendments set forth in this Amended and Restated Development Order (as compared to the original Development Order, Resolution 2004-137) (collectively "Development Order Amendments") are part of a settlement ("Settlement") of certain claims asserted by DiVosta, including, without limitation, claims set forth in that certain complaint filed in the Circuit Court, Indian River County, Florida, styled DiVosta Homes, L.P., et al v. Indian River County, Florida, case # 20070109 CA 19 ("Lawsuit") and claims presented under the Bert J. Harris, Jr., Private Property Rights Protection Act (collectively "Claims"). The terms of the Settlement of the Claims are set forth in the Development Order Amendments, the Developer's Agreement Amendments (as defined in the Amended Developer's Agreement, executed by the parties at or about the time of adoption of this Amended and Restated Development Order), and a Settlement Agreement also executed by the parties at or about the time of adoption of this Amended and Restated Development Order (collectively "Settlement Documents"). In an abundance of caution, the parties have elected to seek Circuit Court approval in the Lawsuit of the Settlement and Settlement Documents. The Settlement and Settlement Documents shall be effective as of the date of Circuit Court approval, and conclusion of all appeals, if any. If, for any reason, a final Circuit Court approval of the Settlement and the Settlement Documents is not obtained, then the Settlement and the Settlement Documents shall be null and void. PASSED AND ADOPTED on this 11th day of May resolution was offered by Commissioner seconded by Commissioner Da v Chairman Peter D. O'Biyan Vice -Chairman Bob Solari Commissioner Gary C. Wheeler Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Solari. , and upon being put to a Aye , 2010. The foregoing and the motion was vote, the vote was as follows: Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 11 th day of May , 2010. F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 21 RESOLUTION 2010- 037 BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY . �� �p�lIINISS%••. ..,r,r • BY ZL : (.3 clt. .. ;,fir1 Peter D. O'Biyan, Chaim fi Board of County Commissionerso : . 6�it 3• r •��//YOMMfii .•• ATTEST: 11 ,A, , I 4 , .C - for : J.K. BARTON , Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County to take acknowledgements, personally appeared Peter D. 0' Bryan and Maureen Gel fo as DEPUTY CLERK TO the Board of County Commissioners as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State as aforesaid this 13 day of May , A.D., 2010. APPROVED AS TO PLANNING MATTERS Community Developme Dire APPROVED AS TO LEGAL SUFFICIENCY County Attorney .21fiAL ,?Auoten Notary Public TEARI COLLINS4.I8'tA * MY COMMISSION ! DD 808787 EXPIRES: October 30, 2010 -4,s0F,,,,Q Bonded Thru Budget Notary Services F:\Community Development \Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC 22 WITBIT A !:• • - . THAT PAW OP THE SW -t/4? SECTION 15, TaWNSMP• 32 SOUT1-1.,.RANCIFE, 39 EAST. • LYING SOD -ti OF THE NORTH itELI:16014A.1.,T1-1A:T PART.OF rriu., BW 1/4. OF -THE SE. • 1. 114 OF SECTION 154 TOWNSHIP '32 SOLT111, 'RANGE 39 PAST, OM° SOU±I---I dp atm - • N ORT 1:1 MEP 6,,I1AL AND WEST OF LATERA-1.'H".cANAL; TB? SO 1/20? TIE, SOUTH 1/2 OPSECTION 16, TOWNSHIP 32 SOUTH, RANOP/39 pAgT, LYNG 2 ouni or • THE NORTH RELIEF CANAL; THE NW 114 •01/ SEtTiON 22, TOWNSHIP- 32, sourri, . • RANGE 39 -EA.ST-,-.AND TH,AT FART OF 1'031\M 1f4 OP THE -NE 1140? SECTIOil .22, .. TOWNSHIP 32 SOUTH., RANGB 39 BAST,LYING WEST OF LATERAL "IV CA-14AL, ill LYING AND-BEING1N INDIAN RIVIM COUNTY, FLORIDA; AND TRACTS I TI--133,0pciii ' INCLUSIVE SECTION 21, TOWNSHIP 32, SOUTHOtAll GE 39 EAST, A_CC0RD11-1G TO THE LAST GENERAL PT OF LAND OF THE.1pimi RIV)tit. FARMS COMPANY -I -Wm, As • • RECORDED .1N PLAT .BOOK 2, PAGE 25 011-TITE. PUBLIC 1tEC0RDS OF ST. LUe_t•it• • COUNTY , FLORIDA; SAID.1_,AND NOW LYING AND BEING I_N INDIAN RIVER- co 'FLORIDA. •. - ' _ _.- , LESS AND E)CPT: 'THE SOUTH 6000FE151.. ull TRACTS 5 TERUO GIS 8, 'INCLUSIVE OP SEcrioN 21, TOWNSI-HP 32 SOUTH, RANGE 39 BAST, ACCORDING TO TEM LAST . GENERAL' FLAT- .OF .LANDS- _oz THE INDIAI4 'RIVER FARIYIS COMP A -1Y LANDS • RECORDED 111.. PLAT )3 obx_ 2, PAGE . 25,. ST. LI3CIE. COUNTY; FLORM.A4 PUALIC . RECORDS, NOW LYING AND BEING IN INDIAN RIVER COUNTY . Iq.-DBID A-- TOGETHER_ : • viral THE SOUTH 66.00 FEET OF TM, NORTHWEST QUARTER. (1/4) OF SBCTION 22„ . TOyThISEIP 32 g min, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORID & - ND-LBSS AND Exaliptr: TM NORTH. 12 FBET OF THE SOUTH 72 FEET OF 'THE EAST 11.93.9 FEET OF TRAtT 7, AND TEIE10RT1112 FEET OF THE SOUTH 72 OP THE /BST • . . 641.1 FET OE TACT 8, -TN SECTION 21, TOWNSIIIP 32 SOUTEL, RANGE,. 39 EAST, .ACCORDING TO TUB LAST GENISRALYLAT OF IAA's OF THEINDIAN luv-mrtaNs • COMPANY, RECORDED IN PLAT 13001c. 2, PAM 25, OF THE PUBLIC RECORDS OF ST. WCIE 'COUNTY, FLORIDA; SAID LAND NOV ININO AND BEING 10 INDIAN JVBR . • -COT.KTY, FLOOD& •• - 1. . • .•. . .•• . .- • CONTAINING 696,6-42 .ACRES, IAMB ta LESS '= g J uc__ JuawdcJdAaQ aa.2sVW , Exhibit B Feb 2010 ,1,.., co co I j E dpe/�/A ifeiv�Jdpj4 U.T., W�:� FIRST ADDENDUM TO AMENDED DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND DIVOSTA HOMES, L.P. FOR WATERWAY VILLAGE THIS FIRST ADDENDUM is made and entered into this 8th day of December, 2015, by and between Indian River County, Florida, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, ("County"), and DiVosta Homes, L.P., a Delaware Limited Partnership, 4500 PGA Blvd., Suite 400, Palm Beach Gardens, FL 33418 ("Developer"). WITNESSETH WHEREAS, County and Developer entered into that "Amended Developer's Agreement Between Indian River County, Florida and DiVosta Homes, L.P. for Waterway Village" dated May 11, 2010 ("Agreement"); and WHEREAS, as a result of action by the Florida Legislature, specifically House Bill 7207, amending Section 380.06(19)(c), Florida Statutes, certain obligations of the Developer under the Agreement were extended by four (4) years; and WHEREAS, County and Developer agree that as a result of the action by the Florida Legislature, it is necessary and appropriate to modify the Agreement as stated herein, in order to maintain the spirit and intent of the Agreement as originally contemplated by the Developer and the County; and NOW, THEREFORE, for and in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter stated, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the County and the Developer hereby agree as follows: 1. The foregoing recitals are incorporated as if fully restated herein. 2. Section 3.A. of the Agreement is hereby amended and restated as follows: (hereafter, words or numbers marked with a strip -through are deleted; words or numbers underlined are added): 3. A. Building permits for Waterway Village shall be issued in staged increments and vested for traffic concurrency as follows: (i) 733 single family dwelling units in Phases I and II were previously vested for traffic concurrency and shall remain vested for traffic concurrency through December 31, 2016 2020. Development of a recreational/clubhouse on 2.2 acres, the school site, and preservation areas may also commence at any time and under the County's development regulations are not subject to concurrency and are therefore deemed vested. (ii) Commencing in 2012 2016, 150 additional single family dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 204-9 2023. Development of a recreational/clubhouse on 2.7 acres may also commence in 2012 or any time thereafter and under the County's development regulations is not subject to concurrency and is therefore deemed vested. (iii) Commencing in 2013 2017, 150 additional single family dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 2020 2024. (iv) Commencing in 204-4 2018, 52 additional single family dwelling units and 98 multifamily dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 2024- 2022. Development of a recreational/clubhouse on 1.5 acres may commence in 2014 or any time thereafter and under the County's development regulations is not subject to concurrency and is therefore deemed vested. Development of 20,000 square feet of Neighborhood Commercial uses may also commence in 2014 or any time thereafter and shall remain vested for traffic concurrency through December 31, 2024- 2025, subject to Paragraph 7.B. of the Amended Developer's Agreement. (v) Commencing in 2015 2019, 150 additional single family dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 2022 2026. Development of a recreational/clubhouse on 2.4 acres may also commence in 2015 or any time thereafter and under the County's development regulations is not subject to concurrency and is therefore deemed vested. (vi) Commencing in 201-6 2020, 26 additional single family dwelling units and 124 multifamily dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 2023 2027. Development of a recreational/clubhouse on 4.2 acres may also commence in 2016 or any time thereafter and under the County's development regulations is not subject to concurrency and is therefore deemed vested. (vii) Commencing in 204-7 2021, 113 additional single family dwelling units may pull building permits and shall remain vested for traffic concurrency through December 31, 2024 2028. 3. Section 3.B. of the Agreement is hereby amended and restated as follows: 3.B. The two dates specified in paragraphs 3.A.(ii) — (vii) are the dates between which building permits for the development specified in each provision must be pulled in order to maintain the vesting of the applicable dwelling units or nonresidential development. The vesting provided for in paragraphs 3.A.(i) — (vii) shall lapse for dwelling units or nonresidential development for which a building permit has not been pulled before the expiration of the applicable vested period, unless Developer pays impact fees and has been issued a concurrency certificate for such units. 4. Section 7.B. of the Agreement is hereby amended and restated as follows: 7.B. The Developer agrees to prepay all traffic impact fees (subject to available impact fee credits) for 1,596 dwelling units in Waterway Village no later than December 31, 2044 2019, unless those impact fees are paid earlier at the time of the issuance of building permits. The Developer shall have the option to prepay the traffic impact fees for the 20,000 square feet of Neighborhood Commercial uses by December 31, 20-14 2019, or at such time as the Developer elects; provided however, the 20,000 square feet of Neighborhood Commercial uses will not be vested for traffic concurrency if the traffic impact fees for the Neighborhood Commercial uses are not paid by December 31, 2014 2019. The Developer acknowledges that any impact fees paid to the County are non-refundable under the County's Code or Ordinances. 5. Except as amended or restated by this Addendum, the Agreement remains in full force and effect. 6. Upon approval and execution by Developer and County, this Addendum shall be attached as an exhibit to the Amended and Restated Development Order, in accordance with the terms of the Amended and Restated Development Order. 3 DIVOSTA HOMES, L.P., a Delaware limited partnership By: DiVosta Home3s Holdings, LLC a Delaware limit- • liability company, its G- r f Mia ' . e: Kl'�h►id �R� 1 By. Prins: 41142\ -- WITNESS: WITNESS: (Corporate seal is acceptab of witnesses) in place BOARD OF COUNTY COMMISIONERS INDIAN RIVER COUNTY, FLORIDA By: --361-e c @4 jGp�IMlSS p4,. (-14°Cau•k-A-- �. •s Os Print Name: Bob Solari Its: Chairman BCC Approved: Jeffr Attest: By: December 8 Deputy Cle Name: William K_ feBraa1 (Approved as to Form and Legal Sufficiency) STATE OF FLO IDA COUNTY OF The foregoing instrument was acknowledged before me this g day of�2 cern }a, 2015, by 1 f'! j /Ccs , as V Q V c �Ar Qpuo. I re/ of DiVosta Homes Holdings, LLC, a/Florida limited liability company, in its capacity as the general partner of DiVosta Homes, L.P., a Delaware limited partnership. He is personally known to me or has produced as identification. (Notary Seal) otary P lic My Commission Expires: CHRISTINE FI iZI ,Y MY COMMISSION # FF 929214 EXPIRES: October 1, 2019 Bonded Thni Notary Public Underwriters