TO: Development Review Committee DATE: November 25, 2014

Inter-Office Memorandum TO: Development Review Committee DATE: November 25, 2014 FROM: John G. Thomson, AICP Land Development Manager SUBJECT: DRC Meeting Date: December 2, 2014 Request for Extension of the Final Site Plan Development Order 2011-F-FSP-0027, RSN 802165 Martin Marietta DeLand Rail Yard Facility This is a request to extend the Final Site Plan Development Order, pursuant to Section 72-504(10)(d) of Article III Land Development, Chapter 72 Code of Ordinances (LDC), for the abovereferenced project. The approved final site plan application was for a rail yard facility with the associated paved parking, drive aisles, and stormwater retention of a 57-acre site. The property is located on the north side of West New York Avenue between the CSX railway tracks and Grand Avenue, in the DeLand area. The Final Site Plan Development Order was issued on November 15, 2012, and was valid for a period of twenty-four (24) months from the date of issuance. The Development Order expired on November 15, 2014. However, Section 72-504(10)(d) of the LDC allows extension requests to be submitted three (3) months before or after the expiration date. On November 11, 2014, Mr. Mark Watts, Esquire, of Cobb Cole, P.A., submitted a request for a one (1)-year extension of the valid period of the Final Site Plan Development Order. The applicant is reminded that a revised Final Site Plan will need to be submitted and approved to incorporate the addition of approximately 8.25 acres of land (See attached location map exhibit). This additional land area was not part of the approved final site plan, but added with the submittal of the subdivision exemption application for the project. The subdivision exemption application was a requirement of the Final Site Plan Development Order. Attached is the Subdivision Exemption approval letter dated November 22, 2013. Recommendation: Approve the request to extend the Final Site Plan Development Order for a period of one (1)-year, with a valid period through November 15, 2015. Please be prepared to discuss and take action on this request at the December 2, 2014, Development Review Committee meeting. Feel free to call me if you have any questions. Thank you. Page 1

; Land Development Office LandDevelopment@eo.volusla.fl.us November 15, 2012 Mr. William A. DiRico, President Martin Marietta Materials, Inc. 3019 Riverwatch Parkway Augusta, Georgia 30907 Re: Final Site Plan Development Order 2011-F-FSP-0027, RSN 679298 Martin Marietta Deland Rail Yard Facility Dear Mr. DiRico: This letter is the Final Site Plan Development Order for the above-referenced development. Pursuant to the following findings, the Volusia County Development Review Committee (DRC) has approved the application: 1. The application was accepted on December 6, 2010. 2. The project attorney withdrew the application after discussions with staff on December 29,2010, pending the submittal of revised plans, which were submitted on January 12, 2011. The DRC considered the revised application at their regularly scheduled meeting of February 2, 2011, and approved the application subject to certain conditions. 3. Revised plans were submitted on April 11, 2011, and on September 7, 2011. Prior to any site work, you must schedule the following inspections: A. Erosion Control (see #1 below) B. Tree Protection barricades (see #2 below) C. Gopher Tortoise barricades (see #2 below) All of the above-referenced conditions have been satisfied except the following: 1. You must have erosion control procedures and equipment in place prior to commencement of construction. Please contact Robert loveless, Senior Engineering Inspector, at 386-943-7027, ext. 12379, for approval prior to anyon-site clearing and/or grading and prior to the issuance of a Building Permit. 123 West Indiana Avenue Room 202 " Deland, FL 32720 4620 0 Deland 386 736 5942., Daytona Beach 386 248 8157 " New Smyrna Beach 386 423 3872 Fax 386-626-6551.~ Fax 386 740 5195 Fax 386 740 5136 www.volusia.org

Mr. William A. DiRico 2011-F-FSP-0027 Martin Marietta Deland Rail Yard Facility November 15, 2012 Page 2 2. Tree protection barricades and gopher tortoise barricades must be properly installed, and inspected by Environmental Permitting staff, prior to the release of the Tree Removal and Wetland Alteration Permit. Once installed, please call Environmental Permitting at 386-736-5927, to arrange for an inspection. Note that no protected trees may be removed or otherwise impacted by the installation of the tree protection or silt fencing. Please contact the County Forester at the number above if there are any questions. 3. All signs proposed for this development will require a separate permit application (and associated fee) that must be approved prior to the issuance of a Certificate of Occupancy. Approval of this Development Order is contingent with the items listed below. Construction shall not commence until these items have been submitted: 1. Copy of the executed and recorded deed transferring ownership of the property to Martin Marietta Materials, llc. Upon the transfer of ownership, please note the following: a. The County will complete the review of the subdivision exemption application (2011 S-EXM-0145). b. The Mitigation Credit Purchase and Deposit Agreement must be fully executed and recorded in the public records. c. The Conservation Easement must be recorded in the public records. d. The Tree Preservation Easement must be recorded in the public records. e. The Encroachment Easement must be recorded in the public records. 2. Gopher Tortoise Relocation Permit issued by the Florida Fish and Wildlife Conservation Commission. 3. The Utility Service Agreement and the Westside Interceptor Force Main Concurrency and Fair Share Agreement with the City of Deland must be recorded in the public records. The Performance Escrow Agreement for the $5,000.00 cost associated with a Traffic Signal Warrant Study at the Grand Avenue and SR-44 intersection and a two-way/24-hour approach count at the driveway on SR-44 is in place. These studies must be completed within six to nine months from the issuance of the Certificate of Occupancy.

Mr. William A. DiRico 2011-F-FSP-0027 Martin Marietta DeLand Rail Yard Facility November 15, 2012 Page 3 The concurrency certificate of capacity application has been approved for this development, and is valid throughout the valid period of this Development Order. This letter constitutes issuance of the Certificate of Capacity. The County Development Engineer has approved the Volusia County Storm Water Management Permit. This Development Order constitutes issuance of that permit. You are authorized to commence construction of the work covered in the permit subject to the other conditions contained herein. A copy of the approved version of the plan, last revision dated January 19, 2011, as to sheet 2 by Efird Surveying Group, Inc.; last revision dated August 17,2011, as to sheets 3 through 4,9 through 10, 14, 17 through 18, 21 through 24, and 29 through 34 by East Bay Group, LLC; last revision dated January 10, 2011, as to sheets 5, 8, 15, and 19 by East Bay Group, LLC; last revision dated November 29, 2010, as to sheets 6, 13, and 20 by East Bay Group, LLC; last revision dated June 2011, as to sheets 7, 11 through 12, and 16 by East Bay Group, LLC; last revision dated March 1, 2011, as to sheet 26 by East Bay Group, LLC; and last revision dated February 28, 2011, as to sheets 27 through 28 by East Bay Group, LLC, is enclosed. It should be noted the Lift Station details captured in Drawing No. 633-9, a/k/a sheet 25, dated January 18, 2011, by Atlantic Environmental Systems, Inc., has been attached to the approved plan set and must be followed during construction. Three copies of this approved plan and a copy of the Development Order will need to be submitted with your Building Permit application. If you need additional plan copies, please contact the Land Development office for electronic copies. The valid period of this Development Order is twenty-four (24) months from the date of this letter. If construction has not commenced or is not continuing in good faith to conclusion during this valid period, this Development Order shall expire. No construction may commence or continue if this Development Order has expired. During the last three (3) months of the valid period of this Development Order, the developer may request an extension. The Building Permit application process is initiated by submitting the completed application and the plans called for in the "A Checklist for SUbmitting Commercial Applications" at the BUilding Permit counter and on-line at www.volusia.org. Note: The Building Permit application must be accompanied by the approved version of the site plan, as noted above. Any variation will require additional review by staff. All plans and construction must be in substantial compliance with this Development Order. Deviations from the approved plans may require submittal of amended plans for review and approval by staff.

Mr. William A. DiRico 2011-F-FSP-0027 Martin Marietta Deland Rail Yard Facility November 15, 2012 Page 4 No final inspections will be performed by staff until the developer's engineer has certified that all construction has been completed in accordance with this Development Order and the approved plans. That certification must be submitted to the land Development office before the final inspections will be scheduled. Pursuant to Section 72-502(g) of the land Development Code of Volusia County, Florida, any person claiming to be aggrieved by a decision of the Enforcement Official or the DRC may file a written appeal within thirty (30) days after said decision with the land Development Manager to have the decision reviewed by the Volusia County Council. The appeal shall state fully the specific grounds for the appeal and all of the facts relied upon by the petitioner. The County Council shall consider only those items specified in this petition. Please feel free to call the land Development office if you have any questions. The project name and number must be referenced on all inquiries. Palmer M. Panton Director, Planning and Development Services land Development Manager PPanton@volusia.org PMP/sl Enclosures: Approved Plans, date stamped November 15, 2012 c: Mr. Mark A. Watts, Esquire, Cobb Cole, P.A., 351 E. New York Ave., Deland, Fl32724 Mr. Darren J. Elkind, Esquire, Paul & Elkind, P.A., 505 Deltona Blvd., Suite 105, Deltona, Florida, 32725 Mr. Mike Holmes, City of Deland, 120 S. Florida Ave., Deland, Fl 32720 Mr. Keith D. Riger, P.E., City of Deland, 1102 S. Garfield Ave., Deland, Fl32720 Mr. David J. Decker, P.E., East Bay Group, llc, 631 U.S. Hwy. 1, Suite 400, North Palm Beach, Fl33408 Mr. William F. Koch, Jr., Volusia land & Timber Corporation, 301 W. Atlantic Ave., Suite 0-3, Delray Beach, Fl 33444 Mr. William E. Gwyn, Sherwood, llc, 301 W. Atlantic Ave., Suite 3, Delray Beach, Fl 33444

Land Development Office LandDevelopmenl@co.volusia.fl.us November 22,2013 Mr. Mark A. Watts, Esquire 351 East New York Avenue Deland, Florida 32724 Re: Subdivision Exemption Application 2011-S-EXM-0145, RSN 696586 Martin Marietta Materials Unrecorded Tax Parcel Numbers: 7940-01-00-0040,7940-01-00-0220,7940-01-00-0160, 7940-01-00-0041, 7940-01-00-0042, 7940-01-00-0043 Dear Mr. Watts: All the requirements of Section 72-537(a)(4)a of the land Development Code of Volusia County, Florida (Code) have been satisfied for the above-referenced application, as evidenced by the attached memorandum from Jay D. Preston, P.E., dated October 31, 2013. Based upon the configuration of the lots as shown on the approved plan (copy enclosed), the sale and/or development of your property may take place. When applying for a building permit, or when requesting additional information, please refer to the abovereferenced application number. This ~pproval is not intended to supersede any private restrictions that may affect this property; nor does it entitle you to impact any wetlands that may exist. Any development of these lots must comply with all applicable regulations including, but not limited to, the uniform Zoning Ordinance, Building Codes, Wetland and Tree Ordinances; and the requirements of any other governmental agency, such as the Health Department, for septic tanks and potable water wells. If you plan to use an individual septic tank and/or potable water well, you should contact the Health Department. Please be aware that an amendment for the Martin Marietta final site plan will need to submitted and approved to reflect the additional property that has been added to the site as a result of the approval of this subdivision exemption in order to obtain building permits. This approval was made based on the information provided to this office. No determination was made as to the actual ownership of the property and this letter is not to be relied upon as evidence of ownership. 123 West Indiana Avenue ~ Room 202 0 Deland, Fl 32720-4620 Deland 386-736-5942 a Daytona Beach 386-248-8157 a New Smyrna Beach 386-423-3872 Fax 386-626-6551 Fax 386-740-5195 Fox 386-740-5136 0 @ www.volusia.org

Page 2 of 2 If you have any questions, please feel free to call the Land Development office. The project name and number should be referenced on all inquiries. &.cerely, ~,~ hn G. Thomson, AICP Land Development Manager JThomson@volusia.org JGT/vjb c: Sandy Hulvey, Appraisal Activity Director Jay D. Preston, P.E., County Development Engineer William F. Koch, Jr., President, Volusia Land and Timber Corporation, 301 West Atlantic Avenue, Suite 3, Delray Beach, Florida 33444 William E. Gwyn, Sherwood, LLC, 301 W. Atlantic Avenue, Suite 3, Delray Beach, Florida 33444

\~,~ ~. 1;; Volusia County FLORIDA INTER-OFFICE MEMORANDUM TO: Jay D. Preston, P.E. DATE: June 27,2013 County Development Engineer FROM: John G. Thomson, AICP Land Development Manager. /j\ SUBJECT: Martin Marietta Materials Unrecorded (Revised) 2011-S-EXM-0145 RSN 696586./ As previously noted, parcel 7940-01-00-0040 was created by Quit Claim Deed in O.R. Book 4856, Page 3004, dated April 30, 2002, and parcel 7940-01-00-0220 was created by Quit Claim Deed in O.R. Book 5610, Page 507, dated July 27,2005. The subject parcels are both in excess of 10 acres in area, were created prior to December 18, 2008 and meet the requirements ofthe existing 1-1, A-1, A-2 and A-2C zoning classifications. Furthermore, the above conveyances created a 16.54 acre parcel (tax parcel number 7940-01-00 0160) and meet the requirements of the existing A-2 zoning classification. This parcel was not included in the previous application but is now included, as a portion of this parcel has been conveyed to Martin Marietta. The revised submittal now reflects an adjustment into three (3) parcels as shown on the attached drawings. The subject parcels meet the exemption criteria of Section 72-537(9)(c) of the Land Development Code and are therefore legal standing parcels. JGT/jbb Attachments

BEAR PAW LN SR 15A SR 11 AMELIA AV IVY AV KEPLER RD JACOBS RD MARSH RD 1ST AV 6TH AV 9TH AV 11TH AV SUMMIT AV WINONA RD BLUFFTON RD N US 17 LAKE PONCE DELEON BLVD RETTA ST GRAND AV SPRING GARDEN RANCH RD DUNDEE AV LEMON ST US HWY 17 N STONE RD GAUDREY ST ARRENDONDO G RAN T RD REYNOLD S R D CR 15A (SPRING GARDEN AV N) VIRGINIA AV SR 11 SR 11 CR 4047 (MARSH RD) DAUGHARTY RD MCCORVEY RD COUNTY LIME ST DYKES DR GLENWOOD RD MERCERS FERNERY RD EIDSON DR SR 44 OLD NE W YORK AV GRAND AV GRAND AV HAZEN RD WESTSIDE PARKWAY SPRING GARDEN AV SPRING GARDEN AV STONE ST PLYMOUTH AV SR 15A SR 44 CR 92 MINNESOTA AV BERESFORD AV * 17 92 GARFIELD AV MINNESOTA AV VOORHIS AV BERESFORD AV TAYLOR RD HILL AV /( 92 PINE AV MARTIN MARIETTA FACILITY SHELL RD N W NEW YORK AV LAKEVIEW DR HAZEN RD CR 4108 (EUCLID AV W) FATIO RD DELAND S SR 15A WADE AV BLUE LAKE AV SR 44 KEPLER RD TAYLOR RD E N KEPLER RD EAST PKWY Legend HONTOON RD CSX RR FATIO RD CYPRESS AV 19TH ST GRAND AV PARK AV DEBARY MCGREGOR RD HAMILTON AV WESTSID E PARKWAY SA XON FRENCH AV RHODE ISLAND AV MILLER RD SHADY LN BLVD ORANGE CAMP RD LEAVITT AV S GRAVES AV ENTERPRISE RD VETERANS SR 472 WISCONSIN AV E LANSDOWNE AV E THORPE AV S SR 472 MEMORIAL ORANGE CITY Y P K W 4 DR MARTIN L KING JR BTWY KENTUCKY AV RHODE ISLAND AV EXT E SR 472 I-4 I-4 FRONTAGE RD ARLENE DR TULIP ST CASSADAGA RD DELTONA SAXON BLVD I-4 E I-4 I-4 W MAIN ST LAKEVIEW DR OHIO AV HO WLAND BLVD MARTIN MARIETTA AGGREGATE FACILITY 2011-F-FSP-0027 / 1 inch = 2 miles

CSX RR COUNTY W YO 4 (N E SR 4 V W) RK A MARTIN MARIETTA AGGREGATE FACILITY ORIGINAL SITE PLAN AND ADDITIONAL PROPERTY 2011-F-FSP-0027 1 inch = 500 feet /

GRAND AV S A-3 R CSX RR RPUD ULI CR 4053 (GRAND AV) A-2 A-3 CR 4053 (MINNESOTA AV W) CR 4053 (GRAND AV) RICHFERN RD PARKWAY ST N ULI R-4 CON A-1 RC CON RPUD AR ULI R MINNESOTA AV W RR A-2 ORIGINAL SITE PLAN RR A-3 R-1 A-1(1) CON COUNTY I-1 I ADDITIONAL PROPERTY ULI A-2C ROW B-2C BPUDC A-3C CON A-3(1) CON A-3C(1) SR 44 (NEW YORK AV W) I-1C I-1C A-3C CON RCC ULIA-3C I-1C CARLIS RD PC P P A-3 AC RIDGE RD A-3 AC EUCLID AV W CSX RR B-4 ULI ULI Legend A-3 R R-4 ESC RC I-1 I FAIR ST RPUD RPUD CR 4110 (OLD NEW YORK AV) A-3 RPUD R-3 MARTIN MARIETTA AGGREGATE FACILITY 2011-F-FSP-0027 / 1 inch = 1,000 feet

WEST AV RIDGE RD GRAND AV S CR 4053 (GRAND AV) CR 4123 (RIDGEWOOD AV S) BEE ST N CR 4053 (GRAND AV) RICHFERN RD CR 4092 (PLYMOUTH AV W) PARKWAY ST N RIDGEWOOD AV N CSX RR MINNESOTA AV W WESTVIEW DR SHELL RD N SR 44 (NEW YORK AV W) CARLIS RD PADRICK AV MURRAY AV EUCLID AV W FAIRFIELD AV Legend SHELL RD S 0.2 PCT ANNUAL CHANCE FLOOD HAZARD A AE CR 4110 (OLD NEW YORK AV) FAIR ST LAKEVIEW DR BERESFORD RD S BERESFORD AV W LADY FERN TR BIRD SONG CT AH VE OLD NEW YORK AV MARTIN MARIETTA AGGREGATE FACILITY ORIGINAL SITE PLAN AND ADDITIONAL PROPERTY 2011-F-FSP-0027 / 1 inch = 1,500 feet