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Page 1 of 4 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION COMPREHENSIVE PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL 32720 (386) 943-7059 PUBLIC HEARING: January 8, 2013 - Planning and Land Development Regulation Commission (PLDRC) CASE NO: CPA-13-003 SUBJECT: Farmton Local Plan text and map amendment and text amendment to the Public School Facilities element. APPLICANT: Planning and Development Services, Volusia County OWNER: Miami Corporation STAFF: Becky Mendez, AICP, Senior Planning Manager I. SUMMARY OF REQUEST Miami Corporation and county staff are proposing technical amendments to the Farmton Local Plan (FLP) to incorporate changes identified during the drafting and technical review of the Farmton Conservation Management Plan (CMP). The text and map amendments are necessary to accommodate the transfer of the Deep Creek Conservation Area and the former Farmton school site, now referred to as the “Deering Addition”, to Volusia County. The proposed amendment also alters the beneficiaries and timelines related to the conservation covenants and easements governing these lands. Florida Audubon will be the beneficiary of the perpetual conservation easements over all the lands transferred to Volusia County. These changes mandated an amendment to the Future Land Use Map in order to illustrate a change in the boundaries of the Deep Creek Conservation Area, allowing for additional acreage to be acquired by the County for purposes of public access and conservation. The conversion of conservation covenants to easements takes place after one year on “GreenKey” lands not governed by a St. Johns River Water Management District mitigation bank permit. However, the conversion to a conservation easement takes place within three years on permitted mitigation bank lands to ensure compatibility with the mitigation bank requirements and to allow for approval of the easement by the water management district’s staff and governing board. Under the revised language, the Conservation Stewardship Organization that was originally designated to gradually take title to all of the Deep Creek Conservation Area may still be formed. This formation is no longer mandatory because Miami Corporation is transferring title of the Deep Creek Conservation Area and the Deering Addition to Volusia County in order to ensure adequate public access. The amendment to the Public School Facilities Element allows for the construction of a school within one of the Farmton Sustainable Development Areas after the Master DRI is approved. This

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GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION COMPREHENSIVE PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL 32720 (386) 943-7059 PUBLIC HEARING: January 8, 2013 - Planning and Land Development Regulation

Commission (PLDRC) CASE NO: CPA-13-003 SUBJECT: Farmton Local Plan text and map amendment and text amendment to

the Public School Facilities element. APPLICANT: Planning and Development Services, Volusia County OWNER: Miami Corporation STAFF: Becky Mendez, AICP, Senior Planning Manager I. SUMMARY OF REQUEST Miami Corporation and county staff are proposing technical amendments to the Farmton Local Plan (FLP) to incorporate changes identified during the drafting and technical review of the Farmton Conservation Management Plan (CMP). The text and map amendments are necessary to accommodate the transfer of the Deep Creek Conservation Area and the former Farmton school site, now referred to as the “Deering Addition”, to Volusia County. The proposed amendment also alters the beneficiaries and timelines related to the conservation covenants and easements governing these lands. Florida Audubon will be the beneficiary of the perpetual conservation easements over all the lands transferred to Volusia County. These changes mandated an amendment to the Future Land Use Map in order to illustrate a change in the boundaries of the Deep Creek Conservation Area, allowing for additional acreage to be acquired by the County for purposes of public access and conservation. The conversion of conservation covenants to easements takes place after one year on “GreenKey” lands not governed by a St. Johns River Water Management District mitigation bank permit. However, the conversion to a conservation easement takes place within three years on permitted mitigation bank lands to ensure compatibility with the mitigation bank requirements and to allow for approval of the easement by the water management district’s staff and governing board. Under the revised language, the Conservation Stewardship Organization that was originally designated to gradually take title to all of the Deep Creek Conservation Area may still be formed. This formation is no longer mandatory because Miami Corporation is transferring title of the Deep Creek Conservation Area and the Deering Addition to Volusia County in order to ensure adequate public access. The amendment to the Public School Facilities Element allows for the construction of a school within one of the Farmton Sustainable Development Areas after the Master DRI is approved. This

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amendment is necessary because the Deering Addition, which was previously anticipated as a possible location for school siting, will be converted to conservation land suitable for public access. II. BACKGROUND AND PREVIOUS ACTIONS In January 2009, Miami Corporation filed an application for comprehensive plan text and map amendments for its 47,000 acres in Volusia County, known as the Farmton Local Plan (FLP). County council adopted the FLP via Ordinance No. 2009-34 on February 18, 2010. Subsequently, Miami Corporation, Volusia County, and the Department of Community Affairs (DCA) agreed to amend the plan. County council adopted this remedial amendment via Ordinance No. 2011-10 on April 7, 2011. DCA found the amendment in compliance, but it was subsequently challenged. Following an extensive administrative hearing, the judge entered a final order, which approved the plan effective on March 29, 2012.

The FLP designated approximately 32,000 acres as "GreenKey". The local plan requires that all GreenKey lands must be placed under permanent conservation easement or conservation covenant within one year of the effective date of the plan. These lands are to be managed according to a Conservation Management Plan (CMP).

Pursuant to the FLP, the county council appointed the Farmton Conservation Management Plan Task Force, which met from November 2011 to September 2012 to review and recommend a CMP for county council approval. The proposed text and map amendments are based on the task force recommendations, review by county staff, and changes in state law.

Deep Creek Conservation Area.

The FLP sets apart the Deep Creek Conservation Area (DCCA) for special attention. The FLP requires conveyance of the DCCA to a Community Stewardship Organization (CSO) and public access is restricted to a permit system controlled by the CSO. Over the course of discussions with the Task Force and staff, public access to this environmental gem became an important issue. A significant amount of time was spent on site visits to reconfigure the DCCA to enhance public access. The proposed text and map amendments will accomplish the following:

Amends the FLUM to reconfigure DCCA to accommodate vehicular access to a canoe-kayak launch site on Deep Creek and provide opportunities for a trail to the St. Johns River.

Requires Miami Corporation to convey all of DCCA to Volusia County by March 31, 2013.

Requires conservation easement over DCCA to Florida Audubon Society.

Amends the timeline for recording a conservation easement over the DCCA and remainder of the West Mitigation Bank to give Volusia County and Miami Corporation time to seek modification of the mitigation bank permit to authorize appropriate public access.

Community Stewardship Organization.

The FLP requires creation of a CSO to hold title to the DCCA, participate in the development of the CMP, and participate in long-term discussion of conservation issues associated with Farmton. With the conveyance of the DCCA to the county and the preparation of the CMP, there is no immediate need to establish the CSO. The proposed amendment would delete the requirement to establish the CSO within one year.

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Public Schools Facilities Element.

Subsequent to the adoption of FLP, but prior to the Farmton administrative hearing, the Florida Legislature passed chapter 2011-39 Laws of Florida. Accordingly, the FLP was the first plan reviewed under the new Community Planning Act, which eliminated the requirement for school concurrency and a Public Schools Facilities Element to the comprehensive plan (Sec 163.3177, and Sec. 163.3180, Fl. Stat.). Nevertheless, Section 206 of the Volusia County Charter requires any comprehensive plan amendment allowing increased residential density may be effective only if adequate public schools can be timely planned and constructed. The FLP limits school capacity to 2,287 students until additional capacity is planned and constructed as required by the Charter. The proposed amendment would clarify an issue raised during the administrative hearing as to whether schools could be constructed within the Central School Concurrency Service Area. The proposed amendment would allow schools within the Farmton Sustainable Development Areas once approved as part of a Master DRI pursuant to Sec. 380.06(21) Fl. Stat.

Gateway DRI.

FLP policy 8.1 requires a Master DRI for all of Farmton within five years and designates the Gateway district as the initial increment. The proposed amendment clarifies that the Gateway district may be reviewed either concurrently or subsequent to the Master DRI.

The proposed amendments to the FLP qualify for expedited review under the Community Planning Act (Sec. 163.3184(3) Fl. Stat.) The proposed timeline for is as follows:

December 11, 2012 Staff informed PLDRC members of upcoming amendment and timeline

January 8, 2013 PLDRC Hearing on Comprehensive Plan Amendments

February 7, 2013 Volusia County Council Transmittal Hearing

February 27, 2013 Volusia Growth Management Commission Hearing

March 21, 2013 Volusia County Council Adoption Hearing

March 29, 2013 Conservation Covenants and Easements required to be conveyed to the county III. REVIEW CRITERIA AND ANAYLSIS Impacts on State Monitored Facilities. Staff proposes the technical amendment to implement the open space requirements of the FLP. Therefore, no impacts will occur on state monitored facilities that fall under the concurrency requirements of the Growth Management Act (Chapter 163, F.S.) for utilities, transportation, solid waste, and stormwater. The amendment does revise future land use element policy FG 6.2 and public school facilities element policy 3.2.2.6 regarding school planning, but it does not impact school concurrency. The amendment simply clarifies the process for allocating future schools within the Sustainable Development Area of the FLP.

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Primarily, the amendment addresses the Deep Creek Conservation Area, and is based on the task force recommendations to county council. The amendment furthers the intent of the county’s Recreation and Open Space Element of the comprehensive plan by ensuring public access to the DCCA, which meets the concurrency level of service standards for parks. The technical text and map amendments are consistent with the level of service standards of the Volusia County comprehensive plan and do not have a negative impact on any state monitored facilities. Urban Sprawl Criteria. An amendment is determined not to proliferate urban sprawl if it incorporates a development pattern or urban form that achieves four or more of the eight criteria stated in Section 163.3177(6)(a)(9)(b) F.S. of the Growth Management Act. These proposed text and map amendments do not encourage the proliferation of urban sprawl because the amendment is necessary to implement the open space requirements of the FLP, which was found in compliance in March 2012. The previous compliance finding notwithstanding, the criteria found in Section 163.3177(6)(a)(9)(b)(I),(IV),(V),(VI), and (VII) F.S. are satisfied by these amendments. Compatibility with Other Elements of the Comprehensive Plan. The proposed text and map amendments are necessary based on the results of the task force review of the conservation management plan of the GreenKey lands, as required by the FLP. The proposed technical amendments are compatible with all of the elements of the comprehensive plan, as they conserve natural resources and promote public access. IV. STAFF RECOMMENDATION Find the amendment consistent with the comprehensive plan and forward to county council for expedited state review in accordance with Section 163.3182 (3) and (5), Florida Statutes and Volusia Growth Management Commission (VGMC) certification. V. ATTACHMENTS Ordinance No. 2013-XXX Maps

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AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA AMENDING VOLUSIA COUNTY COMPREHENSIVE PLAN ORDINANCE NO. 90-10; BY AMENDING CHAPTER 1 FUTURE LAND USE ELEMENT; SECTION F. LOCAL PLANS, SUBSECTION 14, FARMTON LOCAL PLAN; BY AMENDING FARMTON GOALS 2.5, 2.11, 2.15, 2.16, 6.2 AND 8.1; BY AMENDING MAP FIGURE 1-12N, FARMTON LOCAL PLAN- FUTURE LAND USE MAP; BY AMENDING CHAPTER 3 PUBLIC SCHOOL FACILITIES ELEMENT, POLICY 3.2.2.6; BY AUTHORIZING INCLUSION IN THE VOLUSIA COUNTY COMPREHENSIVE PLAN; BY PROVIDING FOR SEVERABILITY; BY PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Section 163.3161, et seq., Florida Statutes, creates the Community

Planning Act, hereinafter referred to as the “Act;” and

WHEREAS, Section 163.3167, Florida Statutes, requires each county in the

State of Florida to prepare and adopt a Comprehensive Plan; and

WHEREAS, the Volusia County Council has adopted the Volusia County

Comprehensive Plan Ordinance No. 90-10, and

WHEREAS, Section 163.3184, Florida Statutes, provides for amendments to the

adopted Comprehensive Plan by the local government; and

WHEREAS, the County Council of Volusia County, Florida desires to take

advantage of this statute and amend the Volusia County Comprehensive Plan; and

WHEREAS, the County Council of Volusia County, Florida has provided for

broad dissemination of these proposed amendments to this Plan in compliance with

Florida Statutes Sections 163.3181 and 163.3184(3), (11); and

WHEREAS, pursuant to Section 163.3174, Florida Statutes, Volusia County

Code of Ordinances, chapter 72, article II, division 11, section 72-413, has designated

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Ordinance 2013-

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the Volusia County Planning and Land Development Regulation Commission as a local

planning agency for the unincorporated area of the County of Volusia, Florida.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF

VOLUSIA COUNTY, FLORIDA, AS FOLLOWS:

The Volusia County Comprehensive Plan, Ordinance No. 90-10, as previously

amended, is further amended as follows:

SECTION I: Chapter 1, Future Land Use Element, and Chapter 3, Public School

Facilities Element, are hereby amended as presented in Exhibit “A,” attached hereto,

and by reference made a part hereof.

SECTION II: Map Figure 1-12N, Farmton Local Plan-Future Land Use Map, is

hereby amended as depicted in Exhibit “B.”

SECTION III: SEVERABILITY. Should any section or provision of this Ordinance,

or application of any provision of this Ordinance, be declared to be unconstitutional,

invalid, or inconsistent with the Volusia County Comprehensive Plan, such declaration

shall not affect the validity of the remainder of this Ordinance.

SECTION IV: EFFECTIVE DATE. Within ten (10) days after enactment, a

certified copy of this Ordinance shall be filed in the Office of the Secretary of State by

the Clerk of the County Council and transmitted to the state land planning agency and

any other agency or local government that provided timely comments. This ordinance

shall take effect upon the later of the following dates: a) 31 days after the state land

planning agency notifies the County that the plan amendment package is complete and

the issuance of a certificate of consistency or conditional certificate of consistency by

the Volusia Growth Management Commission, or b) issuance of a final order by state

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Ordinance 2013-

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land planning agency or the State of Florida Administration Commission determining

this Ordinance to be in compliance.

ADOPTED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, IN OPEN MEETING DULY ASSEMBLED IN THE COUNTY COUNCIL CHAMBERS AT THE THOMAS C. KELLY ADMINISTRATION CENTER, 123 WEST INDIANA AVENUE, DELAND, FLORIDA, THIS _____ DAY OF __________ A.D. 2013.

ATTEST: COUNTY COUNCIL COUNTY OF VOLUSIA, FLORIDA

_______________________________ __________________________ James T. Dinneen, County Manager Jason P. Davis, County Chair

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Ordinance 2013-

EXHIBIT A 1 2 3 4 5 6 7 8 9

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Chapter 1, Future Land Use Element 14. Farmton Local Plan … FG 2.5 Southwest Wildlife Corridor. The Southwest Wildlife Corridor is indicated on

the Farmton Local Plan map in black cross hatch on the Farmton Local Plan – Future Land Use Map Figure 1-12N. This area includes portions of the GreenKey land and Mandatory Resource Based Open Space located within the SDA. These lands combined create an undulating corridor that is approximately one mile in width. Lands within the Southwest Wildlife Corridor shall be managed consistent with a forestry management plan designed to provide prescribed fire, promote dense understory vegetation such as palmetto, and encouragement of uneven-age management techniques and consistent with the black bear management plan. Within the Mandatory Resource Based Open Space portions of the Southwest Wildlife Corridor lands shall be managed to protect wildlife habitat through conservation, enhancement and restoration. These Mandatory Resource Based Open Space portions of the Southwest Wildlife Corridor may include wetlands, flood plains, mitigation areas, vegetative buffers, and specialized habitat for flora or fauna which shall qualify as the minimum 25% requirement set forth in FG 2.4. Within the Southwest Wildlife Corridor the following additional policies shall apply:

a. Deep Creek Conservation Area. Within the Southwest Wildlife

Corridor is a special management area called the Deep Creek Conservation Area as depicted on the Farmton Local Plan - Future Land Use Map Figure 1-12N. The Deep Creek Conservation Area shall be subject to a site specific conservation management plan with the highest level of natural resource protection within the Farmton Local Plan. The Deep Creek Conservation Area shall be managed subject to the Mitigation Bank Permit and Forestry Stewardship Plan. Within the Deep Creek Conservation Area harvesting within wetlands shall be prohibited except as part of an approved restoration plan and wetlands shall be protected with a 300 foot buffer. Controlled upland access by canoe or kayak to Deep Creek shall be an allowed passive recreation use. Other passive recreational uses may be allowed by permit (as granted by the Community Stewardship Organization 40 established in FG 2.16 Volusia County), consistent with the management plan, and designed to have limited impacts on the resource. Boardwalks and viewing platforms may be allowed within the Deep Creek Conservation area if permitted by SJRWMD. Protection of areas surrounding Bald Eagle nests shall be subject to National Bald Eagle Management Guidelines established by United States Fish and Wildlife Service (USFWS).

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The entire Deep Creek Conservation Area, 47

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1 including the Deering Addition shall be conveyed to Volusia County in 2 3 4 5 6 7 8 9

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fee simple no later than March 31, 2013. b. Black Bear Management. The conservation management plan within

the Southwest Wildlife Corridor shall specifically address habitat requirements of the Florida Black Bear. The black bear management plan shall be developed in consultation with the Florida Fish and Wildlife Conservation Commission consistent with their Black Bear Habitat Management Guidelines and best available science.

FG 2.11 A conservation management plan shall be adequately funded by the owner,

or its successors in interest, to meet the requirements of the plan over time. The conservation management plan shall set resource protection standards and management protocols designed to ensure the long-term maintenance of the ecology and restoration of the GreenKey and Resource Based Open Space of the site. The owner shall develop the plan through a task force appointed by the county within one year of the recording of the initial conservation easement. The county shall establish the task force which will be made up of representatives of the owner and grantees under the conservation easement, the community stewardship organization (CSO), as 20

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described in FG 2.16, and others with expertise in the area of ecosystem conservation and wildlife ecology to review the management plan. The task force shall present their recommendation to the County Council for approval. The approved management plan shall be incorporated into the conservation covenants and easement and made enforceable.

Areas that have been formally opened as a mitigation bank shall be

managed subject to the permit conditions, financial responsibility provisions, and terms of the conservation easement pertaining to the mitigation bank.

The conservation management plan shall establish conservation goals and

objectives for diversified habitats within the Farmton Local Plan which are consistent with respective habitat requirements, ecological communities, and other natural resources and resource requirements, as well as conditions associated with public access and passive recreational use.

The conservation management plan shall address at a minimum, the

following matters:

a. A prioritized list of natural resource management objectives for the site and implementation methods that protect and enhance ecosystem integrity, function, and biodiversity.

b. Identification of special areas, including but not limited to the Deep

Creek Conservation Area, Southwest Wildlife Corridor, and USFWS consultation areas.

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c. Identification of natural and cultural resources in need of protection and

discussion on how those resources will be protected. d. Description of natural communities and establish desired future

conditions by specific habitat type. e. Identification of known threatened or endangered plants and animals

occurring on site and strategies and habitat management plans as identified in the best available scientific literature.

f. Identification of exotic species and a plan for control/removal. g. Forestry stewardship provisions consistent with Best Management

Practices for silviculture, including location and logging road access management plan.

h. Provisions for significant water resources (such as streams, creeks,

natural drainage ways, floodplains, and wetlands) protection, enhancement, and restoration and planned hydrological restoration.

i. Provisions for protection of habitat of listed or imperiled species and

other indigenous species which may require special habitat protection. j. Provisions for water resource development, well fields, and protection

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k. Erosion control. l. Fencing, appropriate public access, and development of trails,

boardwalks, and interpretive facilities. m. Provisions for elevated roadways or wildlife crossings. n. Prescribed fires specific to habitat types, Division of Forestry criteria,

and addressing flexibility associated with climatic conditions and catastrophic events.

o. Coordination of management plans with adjacent conservation lands

and mitigation banks. p. Identification of ownership and management responsibilities including

financial responsibility. q. Coordination of the management plans with the City of Edgewater so

as to be consistent with the natural resource protection measures

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Ordinance 2013-

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within the Resource Based Open Space and Conservation Areas of the Restoration Sustainable Community Development District.

r. Establishment of a timetable for implementation of the conservation

management plan and development of a monitoring and reporting program to track the implementation.

s. Provisions for passive recreational use, environmental education, and

public access where appropriate. t. Provisions for security and maintenance. u. Coordination of conservation management plans with management

plan of the East Central Florida Regional Trail.

18 FG 2.15 Conservation easements for all areas permitted as Farmton Mitigation Bank the permitted SJRWMD North Mitigation Bank and South Mitigation Bank 19

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within GreenKey shall be recorded with the Clerk of the Circuit Court within twelve months from the effective date of the Farmton Local Plan amendment and shall provide for perpetual conservation of such lands.

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Space, a conservation convenant covenant shall be recorded within one year of the effective date of the Farmton Local Plan. Such conservation covenant shall be consistent with the conservation purposes set forth in Sec. 704.06(1) Florida Statutes, except that its term shall run with the land for an initial term of ten years, which shall automatically be renewed every ten years thereafter so long as the maximum densities and intensities established in the Farmton Local Plan Objective 3 shall remain in effect; provided that a voluntary reduction in such densities and intensities sought by the applicant, grantor or its successors shall not affect the continued existence of the covenant. The terms of the conservation covenant shall provide for conservation restrictions to set forth limitations on the right to use the land and conserving or preserving land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition and as suitable habitat for fish, plants, and wildlife. Within three 38

39 years, the conservation covenant for the SRJWMD West Mitigation Bank, 40 including the Deep Creek Conservation Area, shall be converted to a

perpetual conservation easement, which shall designate Florida Audubon 41 42 Society or another conservation organization acceptable to the county, at its 43 sole discretion, as a grantee under the easement for the purposes of 44 enforcing the terms of the conservation management plan. Within one year 45 of the county taking title to the Deering Addition, the county shall grant a 46 conservation easement to Florida Audobon, which recognizes public access

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Ordinance 2013-

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to this parcel. At such time as the Master Development of Regional Impact equivalent Master Plan as provided in Objectives 8 is approved consistent with the densities and intensities as set forth in Objective 3 in effect at the time of the adoption of this plan, a perpetual conservation easement over 4

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the GreenKey lands shall be recorded within 60 days. Conservation easements encompassing the Resource Based Open Space

shall be recorded before any development in an SDA district is authorized. The conservation easements and covenants may initially provide for a GIS based legal description to be amended within two years to provide a legal description based upon survey. This period of time for an amended legal description based on survey data may be extended for an additional six months in the event of hurricane, flood, wildfire or other such natural event which would disrupt field surveys.

All conservation easements and covenants shall be subject to a

conservation management plan as set forth in FG 2.10-11 and enforceable by the county.

FG 2.16 A Community Stewardship Organization or other tax exempt not for profit

conservation organization (CSO) pursuant to Sec. 170(h)(3) I.R.C. shall 23 have perpetual existence and may be established for the purpose of preserving

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fee acquisition of natural sites, acceptance or creation of conservation easements, development of managed and interpretive public access to areas of special ecological, aesthetic, and educational value. The owner/applicant shall fund and facilitate the creation of the

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any CSO created 29 pursuant to the provisions of this plan, but its governance shall be independent from the owner/applicant. The CSO

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this plan shall be governed by a board of directors of seven individuals. At least four of the members of the board shall be representatives of statewide or national non-profit environmental/conservation organizations in existence at the time of the adoption of the Farmton Local Plan such as the Nature Conservancy, Florida Audubon Society, Trust for Public Lands, and Florida Wildlife Federation. The owner shall be represented on the board and other board members may include representatives of public agencies, stakeholders, and other interested citizens who participated in the development of the plan. The

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A CSO may take title to designated GreenKey and/or Resource Based Open Space, or co-hold a conservation easement over such lands and shall participate in the development of the conservation management plan. The

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A CSO may enter into contracts with the landowner or public agencies to undertake management responsibilities set forth in the conservation management plan and may manage and operate environmental or interpretive facilities associated with the site.

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Ordinance 2013-

1 Within one year of the effective date of the Farmton Local Plan, the Articles 2 of Incorporation for the CSO shall be filed and the approximately 400 acres 3 of the initial phase of the Deep Creek Conservation Area shall be conveyed 4 by deed to the CSO. As credits are sold in the West Mitigation Bank, 5 remaining lands within the Deep Creek Conservation Area shall be 6 7 8 9

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conveyed by deed to the CSO. … FG 6.2 At the time of adoption of the Farmton Local Plan, the Interlocal Agreement

for Public School Facility Planning (ILA) recognizes that there is no school capacity within the Central School Concurrency Service Area in which the Farmton Local Plan is located for the purpose of increasing residential densities or constructing new schools; therefore, no finding of school adequacy can be issued until and unless the Interlocal Agreement is amended to allow school capacity to be provided within the concurrency 15

16 service area in which the Farmton Local Plan is located for an exception to 17 the Central School Concurrency Service Area capacity prohibition, such

exception being limited to the SDAs identified herein. The School District shall not be required to consider any request for adequate school capacity beyond the 2,287 units and the County shall not authorize development of residential units in excess of the 2,287 unless the ILA is amended

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adequate school capacity can be demonstrated. FG 8.1 The Farmton Local Plan allows for development over an extended period of

time. The landowner/developer is required to apply for and receive a master development approval for the entire project pursuant to section 380.06(21)(b), Florida Statues (2009). No development shall take place within the SDA districts until the Farmton Local Plan is processed as a Master Development of Regional Impact (DRI) in accordance with section 380.06(21)(b), Florida Statutes (2009) and the development review procedures established herein. No building permit shall be issued for new development within the SDA districts within five (5) years of the effective date of the Farmton Local Plan. No development order for new construction shall be issued prior to the approval by the county council of the Conservation Management Plan (CMP) described in policies FG 2.10 and 2.11 and the recording of a perpetual conservation easement over all Green Key lands as set forth in policy FG 2.15 with the specific exception of essential public utilities or communication structures. Phase one, located in the Gateway district, will be the first increment to be reviewed and will may be either

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master development approval. All other increments will be submitted and approved subsequent to and in accordance with the master development order. The developer shall provide for the timing and review of phases, increments, and issues related to regional impacts of the proposed development and any other considerations that must be addressed in the application for master development approval required by paragraph

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380.06(21)(b), Florida Statutes (2009). The development agreement shall be entered into by the landowner/developer, the East Central Regional Planning Council, and the county. The review of subsequent incremental applications shall be as prescribed in paragraph 380.06(21)(b), Florida Statues (2009).

… Chapter 3, Public Schools Facilities Element … Policy 3.2.2.6: The concurrency service area maps designate three areas where school capacity is not anticipated for the planning period.; except schools as specifically 14

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authorized pursuant to policy 3.2.2.8 and approved in a Master DRI.

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Ordinance 2013-

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EXHIBIT B 1 2

Map Figure 1-12N, Farmton Local Plan-Future Land Use Map 3

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