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2021-O-09 - Deering Park North MUPUD 10/12/2021 9:41:13 AM Instrument#2021244346#1 Book:8135 Page:2309 ORDINANCE NO. 2021-0-09 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT PLANNED UINIT DEVELOPMENT TO MIXED USE PLANNED UNIT DEVE'LOPMENTFOR 5,187± ACRES OF CERTAIN REAL PROPERTY LOCATED WEST OF INTERSTATE 1-95 AND NORTH OF WEST INDIAN RIVER BOULEVARD, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following findings offact and determinations: I. Glenn D. Storch is the applicant on behalf of Farinton North LLC, owner of property located at west of Interstate 95 and north of' State Road 442. Subject property contains approximately 5,187+acres. 2. The applicant has submitted art application for a change in zoning classification from Sustainable Community District Planned Unit Development (SCD/PUD) to Mixed Use Planned Unit Development (MUPUD) for the property described herein. 3, On March 10, 2021, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all relevant goals, objectives and policies of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern and is compatible with existing and proposed uses in the adjacent area. 6. The proposed change in zoning classification will not adversely impact pLiblic are deleted. Underlined passages are added. 2021-0-09 Instrument#2021244346#2 Book:8135 Page:231 0 facilities and meets the Concurrency Management Systern requirements in Article XI of the Land Development Code. 7. The proposed change in zoning classification will not have an adverse eff-'ect on the natural environment. 8. The proposed change will not have a negative effect oil the character of the surrounding area. NOW, THEREFORE, BF. IT ENACTED by the People of the City of Edgewater. Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the property described in Exhibit "A" is hereby changed from Sustainable Community 1.)istrict Planned Unit Development (SCD/PUD) to Mixed Use Planned Unit Development (MUPUD) (attached and hereto incorporated as Exhibit "B"). PART B. AMENDMENT OF THE OFFICIAL ZONING MAI" OF THE CITY OF EDGEWATER, FLORIDA. The GIS Technician is hereby authorized and directed to amend the Official Zoning Map of the City of Ed,,ewater. Florida. to reflect the change in Milli() classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or pails thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART 1). SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void- such holding shall not affect the remaining portions of this ordinarice. If SiFike t1we+qg4passages are deleted. 2 Underlined passa.-es are added. 2021-0-09 Instrument#2O2124434G#38onk:8135Page:2311 this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, orcirounus1anues, such holding shall not affect its applicability to any other pcann, pooperty, or ci,curnntonor. PART E. RECORDING. Upon approval and execution, this docunuen1 shall be delivered to the Clerk ofCourt for recording into ihepubUc records o[Vo|usiuCounty. Florida. PARTF. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilwoman Power, with Second by Cnuoci|vvunoun Bennin9ton. the vote on ihmfirxtnuadin- ofthisnndinmncc held on April |2, 2V2| was as follows- AVE NAY K4ayorMikeThomae x Counui|vvomunChristine Power X Cuunci|vvmnmnGigi Bennington }{ Cououi|vvmnun Megan O'Keefe X Councilman ]VnahPowers % Swike-to-oug+passagmsare deleted. 3 Underlined passages are added. 2O2\-Q'0Y Instrument#2O2124434G#48onk:8135Page:2312 After Motion 1oapprove by with Second by the vote on the second read inu/pub|ic hearing nFthis ordinance held on , 202| was as Ko)|ovvs: AYE NAY Mayor Mike Thonmae ' Councilwoman Christine Pmvvcr Councilwoman [ligiBemnin,ton Couuoi|v/ommnMcuan0`Kmc{le [ouooi|muo .)onnb Powers �' PASSED AND DULY ADOPTED <bisNT"cloyof . 202|. ATTEST: CITY COUNCIL OF THE ^ v lion nie,Br'olwll Mil e City, Clerk" or � For the use and reliance only by the City vrEdgewater, Approved bythe City Council oftheChy Florida, Approved nsm/om`and legality by: otompwio-heldooiNo nyoft��l��. Aaron R.Wolfe, Esquire 2031 Under Agenda Item No. City Attorney Doran, Sims. Wolfe,Cioucbeth& Yuou St*ihe�A+ ++-h+pxwog*su,cdeleted. 4 Underlined-passages are added. 202|-O-09 Instrument#2021244346#5 Book:8135 Page:2313 EXHIBIT "A" LEGAL DESCRIPTION A portion of the South 1/2 of the Southeast 114 of Section 32, Township 17 South Range 33 East; the South 1/2 of" the Southwest 1/4 of Section 33.1 Township 17 South, Range 33 East-, the Southeast 1 /4 and the South 1/2 of the Northeast 1/4 of Section 34, Township 17 South, Range 33 East; U.S. Lots 1, 2, 14, 5, 6 and 7, Section 1, Township 18 South Range 33 East; U.S. Lots 1, 2, 3. 4. 6, 9, 10. 11 and 12, Section 2, Township 18 SOL[th, Range 33 East: U.S. Lots I and 6, Section "), Township 18 South, Range 33 East: AND U.S. Lots 8 and 9. the Southwest 1/4 and the Southeast 1/4 ol'Section 6, Township 18 SOLIth.. Range 34 East, all being in Volusla County, Florida, being described as follows- Corrinience at the Southwest coiner of'said Section 2, thence North 89'14'48" East, along the South line of said Section 2. a distance of 1492.34 feet for the POINT OF BEGINNING, thence North 02'53'33" West, a distance of 1524.17 feet to a point of curvature; thence 8560.65 feet along the arc Of a curve to the left, said curve having a radius Of 13,883.28 feet, a central angle of 35'19'46" and a chord of 8425.67 feet which bears North 20'3')'27' West to a point of reverse Curvature, thence 1391.17 feet along the arc of a curve to the right. said curve having a radius of 16,116.72 feet, a central angle of'4'56'44" and a chord of 1390.74 feet which bears North 35'44'57" West to the North line of said South 1/2 of the Southeast t/4 of Section 32- thence North 88'48'27" East said id North line of the South 1/2 g Of the Southeast 1/4 of Section 32 and along a line 11011-tangent to the last described curve. a distance of 276.32 feet; thence 1224.25 Ject along the arc of a curve to tile left being non-tangent with the last described line, said curve having a radius of 15,883.28 feet, a central angle of 4'24'58" and chord of 1223.95 feet which bears South 36'00'50" East to a point of reverse curvature. thence 2384.62 feet along the are of a curve to the right, said curve having a radius of 14,1116.72 feet, a central angle of 9'40'43' and a chord of'2381.79 rect, which bears South 33'22'58" East; thence North 61'54'23" East, along a line non-tangent and non-radial to said curve, a distance of 177.80 feet to a point of curvature, thence 7098.59 feet along the arc of a curve to the right. said curve having a radius of 6860.86 11"ce a central angle of 59'16'52" and chord of 6786.17 feet bears South 88' East to a point of reverse curvature; thence 1627.27 feet along, the arc of a curve to the left, said Curve having a radius of 2829.14 a central an-le of-32'57'20" and a chord of 1604.93 feet which bears South 75'17'25" Fast thence 480.12 feet along the are of a curve to the right being non-tangent with the last described curve. said curve having a radius of 3666.72 fee a central angle of 7`30'08" and a chord of"479.77 feet which bears North 10"23'50" West to a point of compound curvature, thence 2792.07 feet along the arc of a Curve to the right., said curve having a radius of 28.116.72 fect, a central angle of 5"40'09" and a chord of 2780.94 feet which bears North 0348'41" West to a point of reverse curvature; thence 3173.57 feet along the are ofa curve to the Jeft, said curve having a radius of 10,383,28 feet, a central angle of 17°30'43" and a chord of 3161.24 161-24 feet which bears North 09'43'58" West to the North line of said South 1/2 of' the Northeast 1/4 of Section 34, thence North 8835*24" East along said North [tile Of the South 1/2 of'the Northeast 1/4 of Section 34 and along a tine non- Z-1 tanclent to the last described Curve, a distance of 243.96 feet- thence 3173.28 fieet along the arc of a curve to the right being non-tangent with the last described line, said curve having a radius of 10,616.72 feet a central angle of 17'07'31" and a chord of 3161.48 feet which bears South 0932'22" East to a point of'reverse curvature; thence 2758.98 feet along the arc of a curve to the left. said curve having a radius of 27 883.28 feet, a central angle of 5'40'09" and a chord -SuQie-tomgh-passagcs are:deleted. 5 Underlined passages are added. 2021-0-09 Instrument#2021244346#6 Book:8135 Page:2314 ot'2757.85 feet which bears South 03048'41" East to a point Of COMPOLInd curvature: thence 2519.59 feet along the arc of a curve to the left, said curve having a radius Of 3433.28 feet, a central angle of 42'02'52" and a chord of 2463.4') ('eet which bears South 274011" East to a point of reverse curvature; thence 2417.59 fleet along the arc of a curve to the right, said curve having a radius of 51 16.72 feC4 a centra[ angel of 27'04'18" and a chord of 2395.16 feet which bears South 35'09'29" East to a point of reverse Curvature. thence 2457.30 feet alotio the arc of a Curve to the left. said Curve having a radius of 5883.28 feet, a central angle of 2355'52" and a chord of 2439.48 feet: which bears South 33"IS'l 6" East to a point of tangency; thence South 45°33t12" East, a distance of 530.97 feet to a point ofcurvatt.11-C, thence 874.22 feet along the arc of a curve to the right, said curve having a radius of 1166.72 fleet. a central angle of 36'38'57" and a chord of 859.39 feet which bears South 27"13'43" East; thence South 89'44'48' E- along a line non-tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of L way of Interstate 95: thence South 77'5529" West, along said Westerly right of way, a distance of 168.81 feet, thence South 89'41'55" West. alongsal id Westerly right of way, a distance C� of332.8 I feet, thence South 00'18'05" East, along said Westerly right of way. a distance of 110.74 fect to the South line of said Section 6; thence North 8()'44'48' West, along said South line of Section 6, a distance of'2945.21 feet; thence 838.48 feet along the arc of a curve to the left bein- non-tangent with the last described line, said curve having a radius Of J 133.28 feet, a central angle of 42'23'29" and a chord of' 819.49 feet which bears North 24°21'27" West to a point of tangency: thence North 45'33'12" West, a distance of 530.97 feet; thence 2554.81 feet along the arc of a Curve to the right, said curve having a radius of"6l 16.72 feet, a central angle Of 23055'52" and a chord of 2536.28 feet which bears North 33"15'16" West to a point of reverse curvature; thence 2307.29 feet along the are Of a Curve to the le said curve having a radius of 4883.28 feet, a central angle of 27'04'18" and a chord of 2285.89 feet which bears North 35°09'29 West to a point of"reverse curvature, thence 1992.61 feet along the are of a curve to the right said curve having a radius of 3666.72 feet, a central angle 430'5848" and a chord of 1958.54 feet which bears North 33'1213" West, thence 1810.62 feet along the arc of curve to the right being non-tangent with the last. described Curve, said curve having a radius of3050.86 fee a central angle of 34'00'14" and a chord of 1784.17 feet which bears North 75'48'52" West to a point of reverse Curvature. thence 6869.19 feet along the are of"a curve to the left, said curve having a radius of 6639.14 feet. a central angle of 59'16'52" and a chord of'6566.87 feet which bears North 88'2711" West to a point of tangency, thence South 61'54'23" West a distance of 177.80 feet: thence 6098.25 feet along the arc of a curve to the right being non-tangent with the 7 last described line. said curve having a radius of 14,116.72 fect. a central angle of 24'45'04", a chord of 60SO.94 fee( which bears South 15'16'05" East lo a point of tangency; thence South 02'53'33" East, a distance of 1532.89 feet to said South line of Section 2-, thence South 89'1448" West, a distance of 233.60 feet to the POINT OF BEGINNING. AND: The South 1/2 of the Southwest 1/4 and the South 1/2 of the Southeast 1/4, Section 32, Township 17 South, Range 33 the South 1/2 of the Southwest 1/4, the Southwest 1/4 of the Southeast 1/4, the Southeast 1/4 of the Southeast 1/4, the Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4, the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4, the Northeast 1/4 of the Northeast 1/4, of the Southeast 1/4, the Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 and the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 33, Township 17 South, Strike thi-oueh passages are deleted. 6 Underlined passages are added. 21021-0-09 Instrument#2021244346#7 Book:8135 Page:2315 Range 33 East the South 1/2 of the Northwest 1/4, the South 1/2 of tile Northeast 1/4, the Southwest 1/4 and the Southeast 1/4, Section 34, Township 17 South, Range 33 East; that portion of the South 1/2 of Northwest 1/4 and the Southwest 1/4, lying Southwesterly of Interstate 95, Section 35, Township 17 South Range 33 East, a portion of Section 6, Township 18 South, Range 34 East. lying Southwesterly of Interstate 95: all of Section I and 2. Township 18 South, Range 33 East-, and Section 3, Township IS South, Range 33 East., excepting therefrom five (5) acres in government Lot 14, described as follows: Beginning at the Southeast comer of said Section 3; thence West on the South line of said Section 660 feet. thence 330 feet; thence East 660 feet to the East line of said Section 3-, thence South on the Section line 330 feet to the place of beginning-, all being more particularly described as follows: for a POINT OF BEGINNING, Commence at the Southwest comer of said Section 3, thence North 00'23'50" West, along the West line of said Section 1, a distance of 9268.62 feet to tile South line of'said Section 32-, thence South 88'53'05' West along said South line of Section 32, a distance of 1121.77 feet to the Southwest corner ofsaid Section 32. thence North 01045'25" West. a distance of 1317.75 feet to the Northwest comer of said South 1/2 Of the Southwest 1/4 of Section 32, thence North 88'48'27 East, a distance of 5316.15 feet to the Northwest Coiner of said South 1/2 of the Southwest 1/4 of'Section 33, thence North 88'44'47" East, a distance of 3973,41 feet to the Northwest comer of said Southeast 1/4 of the Southeast 1/4 of Section 33: thence North 01"45"54'" West. a distance of 663.33 feet to the Northwest corner of said Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 88°44'01 " East. a distance of 661.32 feet to the Northwest comer of said Southeast 1/4 of the Northeast 1/4 Of the Southeast 1/4 of Section 33-, thence North 01'50'38" West, a distance of 1990.46 feet to the Northwest comer of said Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 33; thence North 88'41'43" East, a distance of 658.58 feet to the Northwest comer of said South 1/2 of the Northwest 1/4 of`,.')ection34-, thence North 88'35'24" East, a distance of 5293.36 feet to the Northwest coiner of said South 1/2 of the Northwest: 114 of Section 35; thence North 88'07'06" East, along tile North line of said South 1/2 of the Northwest 1/4 of Section 35. a distance of 88436 feet to the Westerly right of way of Interstate 9S. thence Southeasterly along said Westerly right of way the following four (4) courses: South 29'53'36" East, a distance of 452.54 feet; thence South 29'52'56" East, a distance of 1053,25 feet; thence South 29'53'27" East, a distance of 1127.04 feet, thence South 29'53'23" East, a distance of 1141.37 feet to the Fast line of the Southwest 1/4 of Section 35,Townsh1p 17 South, Range 33 East; thence South 02'1217" East. along said East line Of tile Southwest 1/4, a distance of 700.28 feet to the Southwest coiner of the Southeast 1/4 of said Section 35: thence North 88'44'36" East, along the South line of said SOLIthCaSt 1/4 a distance of 370.66 feet to said Westerly right of way of Interstate 95; thence Southeasterly along said Westerly right of way the following four(4) courses: South 29'52'54" E a distance of 1270.66 Feet: thence South 29'5355" East, a distance of 1005.54 feet: thence South 29'52'17' East, a distance OF 825.17 feet thence 939.01 feet along the arc of a curve to the right being non-tangent to the last described line, said curve having a radius of 8419.42 feet, a central t7l zl_ an-le of 6'23'25" and a chord of9,18.53 feet which bears South 26°41'16 East; thence South 00'15'12" West, leaving said right of way of Interstate 95 and along, a line non-tangent to said Curve, a distance of 5905.65 fiect to the South line of Section 6, Township 18 South, Range 34 East; thence North 89'44'48" West along said South line of Section 6, a distance 3825.35 feet to the Southeast corner of said Section 1; thence South 89'19'23... West, along the South line of said Section 1, a distance of'5288.04 feel to the Southeast corner of'said Section 2: thence South 89"14'48" West along the South line ot,*said Section 2, a distance of 5299.92 feet to the Southeast &tMe�gh-passages are deleted. 7 Underlined passages are added. 2021-0-09 Instrument#2021244346#8 Book:8135 Page:2316 coiner of said Section 3, thence North 00'20'15" West, along the East line of said Section 3, a distance of:330.00 feet: thence South 89'01'09" West, A distance of 660.00 feet; thence South 00'20'15" East. a distance of 330.00 feet to the South line of Section 3'. thence South 89'01'09" West- along the S(Aitll line of Section 3. a distance of 4619.20 feet to the POINT Of' BEGINNING, LESS AND EXCEPT: A portion of the South 1/2 of the Southeast 1/4 of Section 32 Township 17 South. Range 33 East, the South 1/2 of the Southwest 1/4 of Section 33, Township 17 South. Range 33 East- the Southeast 1/4 and the South 1/2 of the Northeast 1/4 of Section 34, Township 17 South. Range 33 East; U.S. Lots 1, 2, 3, 4, S, 6 and 7, Section 1, Township 18 South, Range 33 East-, U.S. Lots 1, 2, 3, 4, 6, 9, 10, 11 and 12, Section 2, Township 18 South., Range 33 East; U.S. Lots I and 6. Section 3, Township 18 South, Range 33 East: AND U.S. I..,ots 8 and 9. the SOLIthwest 1/4 and the Southeast 1/4 of Section 6, Township 18 South, Range 34 East. all beino in VOILIsia County. Florida. being described as follows: Commence at the Southwest coiner of said Section 2; thence North 89'14'48" East, along the South line of said Section 2, a distance of 149234 feet for the POINT OF BEGINNING; thence North 02'53'3 West, a distance of 1524.17 feet to a point of curvature; thence 8560.65 feet along the are of a curve to the lea said curve having a radius of 13,883.28 feet, a central angle of 35°19'46" and a chord of 8425.67 feet which bears North 20'33'27" West to a point of reverse curvature: thence 1391.17 feet along the arc ofa curve to the right, said CL11-VC having a radius of 169116.72 feet, a central angle of 4'56'44" and a chord of 1390.74 feet which bears North 35c,44.57n \Vest to the North line of said South 1/2 of the Southeast 1 /4 of`Section 32.- thence North 88'48'27" East along said North line of the South 1/2 of the Southeast 1/4 of'Section 32 and along a line non-tangent to the last described Curve, a distance of 276.32 feet: thence 1224.25 feet along the arc of a curve to the left being non-tangent with the last described line. said curve having a radius of 15! 1883.28 feet, a central angle of 4'24'58" and chord of 1223.95 feet which bears South 36"00'50" East to a point of reverse curvature; thence 2384.62 feet along the arc of a curve to the right, said curve having a radius of 14.116.72 feet, a central angle of 9'40'43t' and a chord of2381.79 feet which bears South 33'22'58" East: thence North 61'54 3" East, along a line non-tangent and non-radial to said Curve, a distance of 177.80 feet to a point of curvature: thence 7098.59 feet along the arc of a curve to the right., said Curve having a radius of 6860..86 feet. a central angle of 59116'52" and chord of 6786.17 feet which bears South 88'27'11" East to a point of reverse curvature: thence 1627.27 feet along the arc of a curve to the le said curve having a raditis of 2829.14 feet, a central angle of 32'57'20" and a chord of 1604.93 feet which bears South 75°17.25" East: thence 480.12 feet along the arc of a curve to the right being non-tangent with the last described Curve said curve having a radius of 3666.72 feet. a central angle of7'30'08" and a chord of 479.77 feet which bears North 10'23'50" West to a point of compound curvature; thence 2782.07 feet along the arc of a Curve to d I e right, said curve having a radius of 28,1 16.72 feet a central angle of 5'40'09" and a chord of 2780.94 feet which bears North 03'48'4 1" West to a point of reverse curvature, thence 3)173-57 feet along the arc of a Curve to the left, said Curve having a radius of' 10383.28 feet. a central angle of t 7`30'43" and a chord of 3161.24 feet which bears North 09'4'3-5gn West to the North line of said South 1/2 of the Northeast 1/4 of'Section 34. thence North 88'35'14" East along said North line of the South 1/2 of the Northeast IA of Section 34 and along a line non-tangent to the Ism described curve. a distance of 243.96 feet; thence 3173.28 feet along the arc of a curve to the right being non- tangent with the last described line, said Curve having a radius of 10,616.72 fee a central angle of 17'07'3 1 " and a chord of 3161.48 feet which bears South 09"32'22" East to a point of reverse curvature: thence 2758.98 feet along the arc of a curve to the left, said curve having a radius S(Fike thpo*gji-passages are deleted. 8 Underlined passages are added. 2021-0-09 Instrument#2021244346#9 Book:8135 Page:2317 of27.883.28 1'ect, a central angle of 5'40'09't and a chord of 2757.85 feet which bears South 03"48.4 t.. East to a point of compound Curvature-. thence 2519.59 feet along the arc of a Curve to the left, said Curve having a radius of 3433.28 feet a central angle of 42'02'52" and a chord o12463.43 feet which bears South 27'40'1 P East to a point of reverse curvature; thence 2417.59 feet along the arc of a curve to the right, said curve having a radius of SI 16.72 feet, a central angel or- 7°04'18" and a chord of2395. 16 feet which bears South 35'09'29" East to a point of reverse curvature., thcrice 2457.30 feet along the arc of a curve to the left, said Curve having a radius of S88').28 feet a central angle of 23'55'52" and a chord of 2439.48 feet which bears C, South 33'35'[6" East to a point of tangency; thence South 45'33'12" East a distance of 530.97 feet to a point of curvature: thence 874.22 fiect along the arc of a curve to the right, said curve having a radius of 1366.72 fleet, a central angle of 36"38'57 and a chord of 859.39 feet which bears South 27'13'43" East, thence South 89'441.48" East, along a line non-tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; thence South 77'S5'29" West, along said Westerly right of wayl a distance of 168.81 feet-, thence South 89'41-sS"West, along said Westerly right of way, a distance of 332.81 feet, thence South 00'18'05' East. along said Westerly right of way, a distance of 110.74 feet to the South line of -_ said Section 6. thence North 89044'48" West, along said South line of Section 6, a distance of 2945.2 I feet; thence 838.48 1eet along the are of a curve to the left being non-tangent with the last described line, said curve having a radius of 1133.28 feet- a central angle of 42'23'29" and a chord of819.49 feet which bears North 24°2127" West to a point of tangency-, thence North 45'33'12" West, a distance of 530.97 feet- thence 2554.81 feet alon" the arc of a curve to the right, said curve having a radius of 6116.72 feet. a central angle of 23'55'52" and a chord of 2536.28 feet which bears North 33'35'16" West to a point of,'reverse Curvature. thence 2307.29 Feet alonc, the arc of"a Curve to the le said curve having a radius of 4883.28 fee a central angle of'27'04'1 8" and a chord of2285.89 feet which bears North 35'09'29" West to a point of reverse curvature; thence 1982.61 feel along the arc of a curve to the right. said curve having a radio-, of 3666.72 feet, a central angle of 30058'48" and a chord of 1958.54 feet which bears North 33"12'13" West, thence 1810.62 feet along the are of a Curve to the right being non-tangent with the last described curve., said Curve having a radius of 3050,86 fee a central angle of' 34"OO'l 4 and a chord of 1784.17 feet which bears North 7S' 48' 5 2" West 10 a point of reverse Curvature; thence 6869.19 feet along the arc of a curve to the left, said curve having a radius of 6639.14 fee a central angle of S9't 6-s 2" and a chord of 6566.87 feet which bears North 88'27'1 I" West to a point of tangency; thence South 61'54'23n. West. a distance of I n.80 feet; thence 6098.2S feet along the are of a curve to the right being non-tangent with the last described line, 9 z:1 t:1 said curve having a radius of 142116.72 feet a central angle of 24'45-04", a chord of 6050.94 n feet which bears South 15't 6-os" East to a point of tangency: thence South 02'533)" East a Z:� distance of 1532.89 feet to said South line of Section 2,:, thence South 89°14'48" West, a distance of 233.60 feet to the POINT OF BEGINNING. Sipike tkpetegk passagc_s are deleted. 9 Underlined passages are added. 2021-0-09 Instrument#2021244346#10 Book:8135 Page:2318 EXIIII31T "B" MIXED USE PLANNED UNIT DEVELOPMENT (MIJPUD) AGREEMENT StFike thvettg4passages are deleted. 10 Underlined passages are added. 2021-0-09 Instrument#2021244346#11 Book:8135 Page:2319 MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) AGREEMENT DEERING PARK NORTIJ ,!�t\ THIS AG1C-,EMENT ("MUPUD Agreement-) is made and entered into this; day 2021, by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132,(hereinafter referred to as "City") and, FARMTON NORTH.. LI-C, Delaware limited liability company, whose address is 410 North Michigan Avenue, Room 9.590, Chicago , Illinois 60611-4252 (herein after referred to as "Owner") The purpose of this MUPLJD Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. 1,ELAL DESCRIPTION AND QAN)r ,ILI The land subject. to this MUPUD Agreement is approximately 5.1187± acres located north of Indian River BOUlevard and west of' Interstate 95 in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" - Lcc!-al Description and hereafter referred to as Deering Park North ("Property"). Farinton North, LLC is the landowner of the property described in Exhibit "A". The parties agree and understand that the actual developer may be another party ("Developi-rient Entity") and that the rights and obligations contained herein may be assigned in whole or it) part to the I Development Entity. In this MUPUD Agreement, obligations of Owner or Development Entity can be met by either. 2. DURATIQN QF MUPUD AGREEMENT The duration of this MUPUD Agreement shall be thirty (30) years and run with the Instrument#2021244346#12 Book:8135 Page:2320 land. The MUPUD Agreement may be extended by mutual consent of`the governing body and the Owner subject to a public hearing. It is the intent of the pat-ties that the conceptual master plan attached as Exhibit "B"-Conceptual Master Plan is conceptual in nature which means it is an illustrative plan that demonstrates the vision for Deering Park North. The Conceptual Master Plan includes the planning Frannework for development throughout Deering Park North, subject to ad I ustment through the subdivision and site planning process for each phase. The Conceptual Master Plan is based on the development principles required by the City in its comprehensive plan and land development code including the MUPUD zoning for Deering Park North. A site plan or subdivision plat for each phase must be approved by City Council prior to commencement of construction, which will determine the location and types of neighborhoods (conventional, traditional or a combination), as well as the configuration of streets, lots and ponds, along with details relating to storniwater, landscaping,, parks, sidewalks and other iterns. The adaptive planning management approach is hereby incorporated into this MUPUD Agreement to address future uncertainties by linking flexible planning strategies to decision making, and adjusting implementation,, as necessary, to improve the success of the project for both the City and the Owner. The parties agree that they will review this MUPUD Agreement and the status of the development every twelve(12)months to determine if there has been demonstrated good faith compliance with the terms of this MUPUD Agreement and appropriate land use standards to encourage economic development. In addition, if'construction has not commenced within five (5) years of' the effective date of this MUPUD Agreement, and for each five (5) years thereafter, the Owner shall have this MUPUD Agreernent reviewed by the City in a public hearing to determine if any substantial changes have occur-red in pertinent conditions existing 2 Instrument#2021244346#13 Book:8135 Page:2321 at the time of approval of this MUPUD Aureement. ]"his five (5) year review shall also consider the continued availability Of Sanitary sewer, solid waste, drainage, adequate water supplies and potable water facilities iri order to serve the new development as depicted in this MUPUD Agreement. It' it is determined, on file basis of' substantial competent evidence utilizing the Clue process for administrative review established in Section 21 of this Agreement, that there has been a failure to CO111ply with the terms of this MLJPUD Agreement and/or there are no longer adequate public facilities or services available to serve the development, and the Owner or Development Entity falls to remedy issues identified in writing by the City as set out in Section 21 of this MUPUD Agreement, then this MUPUD Agreement may be revoked or modified by the City. Commencement of construction means to begin performing on-site modification, fabrication, erection or installation of a conveyance system for the discharge of wastes and on-site modification, fabrication, erection or installation of a transmission system for the conveyance of potable water,or internal road construction within the project beyond the extension of Indian River Boulevard. Deering Park North is planned, implemented, and refined using the principles of adaptive management to ensure the best use of land, to provide for a broad range of housing types, sizes and pricing, and to List the development details and phasing meet C,of Deering Park North to ect the economic, planning, environmental and development needs of the City and the Owner. Adaptive management in the context of city planning provides an efficient process to address risk and uncertainty inherent within long range planning and development by encouraging flexible plans and designs. This approach helps account for uncertainty by providing options for adjustment :7 Z=1 given actual fliture conditions to help achieve the City's planning goals and objectives. Utilizing the planning principles of adaptive management, the City acknowledges that this 3 Instrument#2021244346#14 Book:8135 Page:2322 project will be developed in phases to ensure sound, long range planning and development of Deering Park North. The City acknowledges that the location of land uses, neighborhoods and roadways as provided in the Conceptual Master Plan may be altered as the Property, is developed over time in accordance with the planning framework as shown in the Conceptual Master Plan. Final subdivision plat and site plan approvals shall conform to the text of this MUPUD Agreement. Each phase will include a site plan or subdivision plat depicting the development of'that phase. The City and the Owner have entered into a Chapter 163 Agreement which includes the overall project's entitlements and vesting, among other items, and the requirenleilt that concurrency be addressed at the subdivision plat or site plan approval stage of tile development process. 3. CHAPTER 163 AGREEMENT The City and the Owner have entered into a Chapter 163 Agreement which includes the overall project's entitlements and vesting,among other items,and the requirement that concurrency be addressed at the subdivision plat or site plan approval stage of the development process, The Chapter 163 Agreement is to be in effect for 30 years concurrent with this MUPUD Agreement. This Agreement shall be coterminous with the Chapter 163 Agreement. However, renewal or extension of the Chapter 163 Agreement does not automatically extend or renew this MUPUD Agreement. Review and public hearing shall be required to extend or renew this MUPUD ZD Agreement beyond the 30 years provided. 4. DEVELOL'Al �Njl- STANDARDS' L Development of Deering, Park North is subject to the terms of this MUPUD Agreement and in accordance with the City's Current Land Development Code (1111DC) except as modified by this MUPUD Agreement. The Conceptual Master Plan, as well as subdivision and site plan approvals, may be subject to change based upon final environmental, permitting, and planning 4 Instrument#2021244346#15 Book:8135 Page:2323 considerations and/or Federal and State regulatory agencies' permit requirements. Based on subdivision plat and site plan approvals, the total number of units and type of uses may vary by phase, but the inaxitnUrn development entitlements permitted for Deering Park Z=1 North are as follows: 1. Residential - 6,600 units It. 5,280 Single Fainily Units b. 1,320 Multi Family Units Non-Residential - 2,800,000 square feet: I Non-Residential entitlements are provided to encourage job producing non- residential uses. The initial estimate for the division of these non-residential uses are as follows, with the specific provision that different types of'non- residential uses can be transferred between non-residential uses provided there is no additional impact to traffic counts provided for the project, or additional improvements are provided to resolve any additional impacts: a. 1,300,000 Square Feet of Office b. 1,000,000 Square Feet of Shopping Center C. 500,000 Square Feet of Light Industrial These entitlements are specifically limited in this MUPUD Agreement and are less than those allowed by the City's Mixed-Use Future Land Use Category which permits a inaximum of 12 residential unit,,, per acre and a maxinitim floor area ratio (FAR) of 0.5 for non-residential, calculated based on all property within Dcering Park North. The parties recognize that the Conceptual Master Plan is conceptual and that the exact location and style of neighborhoods, roads, streets, lakes, storrnwater ponds,paths,parks and other 5 Instrument#2021244346#16 Book:8135 Page:2324 features within Deering Park North will be determined during the subdivision and site plan review process for each phase or sub phase. All neighborhoods, roads. streets, lakes, stormwater ponds, paths, parks and other features, as tile case may be, as shown on the CO3lCCpt`Ual Master Plan may be reconfigured, adjusted or realigned without amendment to this MUPUD Agreement so long as the maximurn number of residential units and square footage for non-residential uses stated above are not exceeded within the total area of Deering Park North and provided the City Manager determines that the amendment is not a major change to the purpose, intent and text of this MUPUD Agreement that would require the review and consent of the City Council. Notwithstanding the foregoing, the location,type and configuration of any proposed platted lots and units must be established as part of the subdivision plat approval by the City. Where there is a conflict between the text of this MIJ111JI) Agreement and the City's LDC, the MLJPUD Agreement shall control and take precedence. 5. USES ANDRESTRICTIONS Deering Park North is intended to provide a flexible approach to encourage mixed use, innovative ]all(] use techniques, creative urban design, environmental protection, employment centers, utilizing sustainable development practices and principles for large scale master- planned cornn-i unities, dependent upon market conditions and changes over time through adaptive management. The attached and incorporated Composite Exbibit "C" — MUPUD Districts and Design Guidelines provide standards for the various MUPUD, Districts of this mixed-use development. The general location of residential.. mixed Use or employment center areas are generally depicted on the Conceptual Master Plan; however, the exact uses and location of said uses within the development shall be determined at the tune Of subdivision plat and/or site plan approval. 6 Instrument#2021244346#17 Book:8135 Page:2325 All Uses and standards provided therein are permitted in any area designated for development within Deering Park North MUPUD as shown on Composite Exhibit "CIO, provided that said uses do not exceed themaximurri number of residential units and square footage for non-residential uses provided hereinabove. The Owner or Development Entity may develop groupings ol'corninercial, residential, retail,office, health related,restaurant, daycare,civic or other uses in the Town Square District within the Property. The Town Square District may il'ICILICle public facilities including governmental offices, governmental administrative centers, judicial offices, police sub- stations, tire stations, walkways, stages, amphitheaters, grecrispaces and public activity spaces. Said areas shall encourage neighborhood social events and community activities. 6. OVERALL SITE DEVEL(,)]-ILIL�_NT.,S'FANDARI)�,S. a. Pisses and Neighborhoods- Deering Park North will be developed in phases. Phase I is delineated on the Conceptual Master Plan attached as Exhibit "B.*' As provided within said C0nCCptUaI Master Plan, Phase I includes several residential neighborhoods that will require subdivision review and plat approval, as well as non-residential areas such as a portion of theTown Square area that will require site plan review and approval. Subject to adjustment through the subdivision review and plat approval process, Phase I is anticipated to be approximately 300 acres with approximately 600 units and 75,000 sf of non-residential uses, Future ])bases may be designated on a revised Conceptual Master Plan that may be substituted and recorded in the public records as a minor amendment to this agreement. The intent of the project is to have diverse lot sizes, housing sizes, elevations, colors and other techniques to avoid a "cookie cutter" subdivision with identical homes in a row and to 7 Instrument#2021244346#18 Book:8135 Page:2326 provide for diverse housing options throughout the C011111111111ty, _Lot Configuration Restriction: A Maxin"I'll of twenty-five percent (25%) of the single family lots within each phase may be 40- foot-wide lots. b. Driveway Parking: The goal is to provide for sufficient driveway area, either in the front or rear garage access, to provide for sufficient parking oil each lot. Therefore, for front loaded lots the driveway shall be no less than 25 ft. front the garage to the nearest sidewalk edge, and for rear loaded lots,, [lie driveway will be no less than 20 ft. from the garage to the nearest alley edge of pavement. In the event homes are designed for rear loaded lots, then on-street parking will be required oil that street ,a, s part of' the subdivision design. Porches may extend beyond garages and shall require a 5 ft. setback. Driveways may be curved into the garage (side entry) and therefore front property setbacks for side entry garages will be no less than 10 feet. C. Rear Lot Access: Neighborhoods within Deering Park North should be designed to allow for flexibility and potential additional construction subsequent to the constructions of homes. Therefore, those neighborhoods that include 5-foot side setbacks should also include potential common area casements to allow access to the rear,yards and provide for potential expansion or pool construction within such .single family home lots. d. Town-Square: Deering Park North is designed around a Town Square which will allow for public events. The review and approval of the site plan for the Town Square area shall include provision for off-site public parking to allow access to the Town Square and those amenities within the Town Square. e. Instrument#2021244346#19 Book:8135 Page:2327 The overall development is preserving approxiinately t:� 3,732+/- acres of natural lands to the %vest of the development area including targe areas of natural vegetation, with I. development taking place primarily in areas that have been used over time for commercial timber Operations and that were severely impacted by wildfires. Details of the preservation and restoration areas are contained in permits issue(] by the St. Johns River Water Management District and the previously approved Site Mitigation and Management Plan ("SNIMP"), or as subsequently amended to address the revised concept plan and storinwater plan, which shall apply to the preserved uplands and wetlands on site. The Owner or Development Entity shall ensure that at least four (4) 2.5" caliper trees, as ineasured 6" above the soil line, of a variety listed in Exhibit "W' — Approved Plant Species and specified in the required landscape plan at the time of the subdivision plat or site plan review, shall be placed in each lot; however, Owner or Development Entity may reduce the required number of 2.5" caliper trees placed on cacti lot frorn 4 trees to 2 trees by planting "Street Trees" in front of each lot,to be located to create over time as the trees mature a shaded tree canopy along neighborhood streets. Street Trees that are planted between the street and sidewalk shall be specified and located to avoid impacts to the sidewalks., underground utilitics and streets as they mature, with sufficient room for growth including the roots, and should not be planted over water and sewer lines. Landscape plans with details of plant species and proper locations are required at the time of subdivision plat and site plan application, including consideration of soil conditions,roots and trunk size at maturity, putting the right plant in the right location, and using plant species as shown on Exhibit "D" Approve(] Plant Species. 11. Landscaping and li .:Li,gati on 9 Instrument#2021244346#20 Book:8135 Page:2328 Landscaping and irrigation plans for common areas nIUSt be SUbinitted Willi final Construction plans and shall comply with the C1.11-1-Clit LDC, Landscaping for niulti-flainily, commercial and Industrial LISCS shall comply with the current LDC. Common areas and entrance areas shall be irrigated although the goal is to use plai)t species that do not require irrigation after establishment, All irrigation' Must comply with the VO1USia County Water Wise Landscape Irrigation Standards and shall include reclaimed water as available from the City and as part of the storinwater system to allow for harvesting of rainfall as a supplemental supply of irrigation water subordinate to reclaimed water. Additionally, Owner- shall analyze the feasibility and possibility to provide additional reclaimed water capacity as part of the storinwater system during subdivision and site plan review process or assist the City to identify Other proJects within the City that may assist Willi addressing excess reclaimed water capacity. Landscape design within single family lot areas should address aspirational goals of" more native plant materials and mulched areas and less sodded grass lawn areas. Landscape plans Willi details of plant species and proper locations are required at the tinge Of SUbdivislorl plat and site plan application, including consideration ofsoil conditions, roots and trunk size at maturity, as well as at different timeframes during growth toward maturity, putting the right plant in the right location, and using plant species that are appropriate to achieve this goal. Fniphasis should be placed on utilizing Native and Florida Friendly vegetation 9- Roads Roads within Deering Park North will have a ininlint.1111 right-of-way of filly feet (50')7 47. including twenty feet (20') of'pavenient for travel lanes oftwo-way roads with a two (2) foot Miami or other curb and gutter per side, for the area being developed, and constructed 10 Instrument#2021244346#21 Book:8135Page:2329 pursuant to the City's Standard Details. Where on-street parking is to be provided, the right- of-way shall be wider to accommodate twenty I'M (20') of pavement for travel lanes of two- way roads plus the additional width needed for on-street parking. Any one-way alleys shall have a minimurri width of fourteen feet (14 ) Including pavement, concrete borders or other appropriate surface materials. Roadway plans with engineering details are required at the time of' subdivision plat and site plan application for each type of roadway, generally in accordance with Exhibit "E" — Illustrative Road Cross Sections, subject to adjustment through the subdivision plat and site planning processes. Any private or gated roads within Deering Park North shall be maintained by a Property Owner's Association (POA). Landscaping, public roads and sidewalks within the rights-of-way meeting the City's standards for construction shall be maintained by the City and said roads shall be dedicated to the public subsequent to final City inspection and by a final plat or other appropriate conveyance instrument. Bike trails within the rights-of-way shall be maintained by the Deering Park Stewardship District(DPSD) or POA as appropriate. A traffic impact analysis. pursuant to an approved methodology, shall be required to be submitted and reviewed for each phase or subphase ofdevelopinent as part of the subdivision plat and/or site plan review process. A phase or subphase of development may include a number of residential neighborhoods or non-residential sites within each phase. Sufficient Right-of-Way shall be provided for each segment of Williamson Boulevard, and shall contemplate the location of storniwater retention for same, which would be dedicated subsequent to design, permitting and/or construction. Each segment of Williamson Boulevard submitted for review and construction shall be no less than 1,000 linear feet. The City requires the extension of Indian River Boulevard, and all associated Utilities and 11 Instrument#2021244346#22 Book:8135 Page:2330 storrnwater retention, to be colistrlicted prior to issuance of any certificate Of Occupancy for any structure within Phase I of Deering Park North, Owner shall be responsible for the design, permitting and construction ofthe above-referenced Indian River Boulevard extension,which may be considered eligible for the award of impact fee credits, h. Signage Unless otherwise stated, signage will be located along each main entrance road,not within the right-of-way, and shall meet the LDC. Every commercial lot that is created for a commercial structure on a public road is entitled to ground signage, as defined by the LDC, to be located on that commercial lot, with a maximum height of ten (10) feet and a inaxii-num copy area of sixty (60) square feet. However, if there are more than one commercial lot or business uses within a lineal distance of 100 feet, especially within a single structure, then stall'may direct that such ground signage for each 100 fit. section of commercial uses be combined into a single ground sign. Each residential subdivision is entitled to a maximurn of one hundred (100) square feet of ground signage at each subdivision entrance, One (1), forty-five (45) foot tall "Icon" sign or structure is permitted within Deering Park North in a location near the intersection of Williamson Boulevard and Indian River Boulevard, or in a location as approved by the City Manager, to identify the "Deering Park" development. Additional "Icon" signs or, structures are permitted within the northern end of Deering Park North in locations near the proposed Williamson Boulevard extension and 1-95, with a total of no more than four(4) Icon signs and with at least 500 fiect of separation. Examples from other communities that show the concept are included In Exhibit 'T" — Illustrative Examples of Community Features. Icon signs shall be approved as part of the subdivision plat or site plan process. In addition, one Icon sign shall include., within the Icon design, signage that identifies the area as 12 Instrument#2021244346#23 Book:8135 Page:2331 -City of Edgewater" with a City logo. All other signage in Deering Park North shall be Pursuant to LDC standards and requirements. A POA shall be responsible for all future 11011-public sign maintenance. Public signage within public rights-of-way such as street names,speed limit signage, stop signs, etc. shall be maintained by the City unless otherwise agreed upon di.11-Ing subdivision plat or site plan review, i. Mailboxes Owner agrees to request approval ftorn the United States Postal Service for the use of a Centralized Mail Delivery Systein(s) with lighted pull off area(s) for each neighborhood or group of neighborhoods. j. Air Conditioning Unit and Pad Locations All single-family, townhorne and/or duplex residential lots fifty feet (50) or less in width shall have air conditioning units and pads located adjacent to the neighboring garage or located behind each house/dwelling unit. k. Fasernents Easements for water, sewer and reclaimed water shall be located in the right-of-way or alley wherever possible. However,where this is not feasible.,separate easements shall be dedicated to the City as needed. Easements for electrical service, and natural gas shall also be provided to the appropriate utility provider. Owner agrees to provide, at no cost to the City, all required easements for drainage, potable water, sewer, reclaimed water, natural gas, and electrical service to the appropriate utility provider consistent with this Agreement. Private Access Easements for rear yard Construction purposes shall be provided as necessary for the benefit of the adjoining, lots in the event that access to the rear of the lot is required and the individual lot owners side yard width or other access to the rear of the lot by way of an alley or common area is not adequate to 13 Instrument#2021244346#24 Book:8135 Page:2332 accommodate the access. Such access shall be shown on the Subdivision plat or through a recorded casement. 1. Model Homes and ']'ema�orary.Sales Offices Twelve (12) single-family lots and three (3) multi-Earnily lots within each neighborhood may be designated for use as potential model homes or temporary sales office lots. A model home may be used as a sales office from the time the plat is recorded until such time as the last lot is developed within the subdivision. A temporary sales office StRICtUre, such as a trailer, shall be specifically permitted, but the duration ol'same shall not exceed two (2) years or until completion ol'a permanent sales office, whichever occurs first. A temporary sales office structure may be located within Deering Park North or the adjoining Deering Park Center MUPUD and can serve either or both projects. Model home construction prior to plat recording shall only be allowed upon compliance with the following requirements: i. Provision for fire protection, including testing and approval of the water system by the Florida Department of Environn-lental Protection (FDEP), if on-site hydrants are required to set-vice the area where the proposed models will be constructed. Construction of access roads to the model home sites prior to building permit issuance, to the extent necessary to allow sufficient access by City vehicles for inspections. Permanent utility connections cannot be made until the potable water and sanitary sewer system has been completed and certified to FDEP. Temporary Utilities, once inspected and approved by the City, shall be permitted until 14 Instrument#2021244346#25 Book:8135 Page:2333 Permanent utility connections are provided. iv. Any Sales Center shall provide ADA compliant restroorns, and off-street parking that meets requirements of the City LDC. Additional requirements, restrictions and conditions may be imposed by the City to address specific site or project concerns. A Certificate of'Completion Issued as provided in the Florida Building Code shall be deemed to aLltll(,)I-iZC limited occupancy of the model home/sales office. Upon conversion of a model home back to a single-family dwelling, a new and permanent certificate ofoccuparicy shall be issued upon completion reflecting the single- family dwelling classification. Ternporary flags or insignias which read "inodcl", "open", "open house" or any othei- phrase which identifies property for real estate purposes may be displayed until such time as the last ]ionic is sold within a neighborhood as illustrated on the Conceptual Master Plan. 'Yhe temporary flags or insignia are allowed in the following locations and numbers: i. The rnaxiniuni height of any temporary flags shall be eight feet (8 ) with a niaxil-nUln size of fifteen (15) square fiect. ii. The number of temporary flags shall not exceed four(4) and shall be permitted on private/common property and prohibited in the right of way area and site triangle area as outlined in the Land Development Code, Section 21-38.03. Each model home may have a ground-based sign, not exceeding 20 square feet with a maximum height of eight (8) feet, indicating "Model Home". Z:1 Z:5 iv. Each sales office may have a maximum of two (2) flags or signs not exceeding 1Z fifteen (15) square feet each in area with a maximum height of eight (8) feet indicating "Sales Center". 15 Instrument#2021244346#26 Book:8135 Page:2334 V, Temporary event signs shall be allowed on private/common property within Deering Park North for special builder sale events, including but not limited to a "parade of homes" or similar sales promotion. Such temporary signage shall be erected for no more than 72 hours.A maximum ol'two special builder events shall be allowed in any calendar quarter. III, Sustainabilitv, Energy Effic,lienev and Water Conservation. Owner, Development Entity or Development Entities will make every effort to encourage green building practices and sustainable development as stated in the City of Edgewater Comprehensive Plan, Chapter 6 Conservation Element and Chapter 3 Housing Element, to help reduce greenhouse gas emissions by encouraging the use of renewable resources in the design and construction of new housing and commercial buildings by promoting the incorporation of Green Development, Energy Efficiency, Renewable Energy Systems, Water Conservation Practices, I.,,ow Impact Development Techniques, Green Building and Sustainability Practices, Energy Conservation Techniques, Building Orientation, Orientation ofTrees or Shrubs,, Flori1 da Friendly I..andscaping or other environmentally practical design and construction technologies that may be developed and implemented as Deering Park North is developed in the future. 7. DEERING PARK STEWARDSHIP DISTRIcir AND 11J1OL1!:JRJ'Y OWNER.' ASSOCIATION The Deering Park Stewardship District (DPSD) was established by the Florida Legislatt.11-C to provide for a more comprehensive conservation and community development approach for lands within the DPSD and to install, operate and maintain community infrastructure. 'File Owner shall also establish a mandatory Property Owners Association (POA) for the purpose of maintaining Deering Park North. in conjunction with the DPSD, and 16 Instrument#2021244346#27 Book:8135 Page:2335 enforcing covenants and restrictions when applicable, POA documents, including applicable Articles of Incorporation, Covenants and Restrictions, and By-Laws shall be reviewed and approved by the City prior to final plat approval. The Declaration of`Covenants, Conditions and Restrictions, Articles of Incorporation and By-Laws For the POA will be recorded in the public records 0fV01L1Sia County at the time the Final Plat is recorded for each subdivision or phase. Owner shall be responsible for the management of the SMMP until such duties are assigned and accepted by an entity determined by the City to be appropriate to provide For the long-term nianagenlent of the SMMP. 8. FUTURE LAND USE AND ZONING DESIGNATION The Future ].,and Use designation is Mixed Use with Conservation Overlay and Conservation and the zoning designation is MUPUD (Mixed Use Planned Unit Development) as defined in the City's Comprehensive Plan and Land Development Code. The standards and designations provided in the tables, illustrative photos and graphics attached hereto as Composite ID Exhibit "C" shall be Permitted and are determined to be consistent with the Mixed-Use comprehensive plan designation. The City's permitted uses for MUPIJD, as amended by the terms and conditions ofCornposite Exhibit "C",are applicable to the development of Deering Park North and consistent with the adopted Comprehensive Plan Future Land Use Map, Notwithstanding the foregoing, Owner shall be permitted to use property within Deering Park North for all agricultural purposes so long as said portions of land remain Undeveloped and in bona nide agricultural uses. Upon construction of and acceptance of dedication of city infrastructure, such as roads and Utilities, within a phase, then agriculture as a permitted use for said phase or subdivision plat or site plan within that specific phase or sub phase shall also cease, but the remainder of'Deering Park North shall continue to allow agricultural uses, including areas 17 Instrument#2021244346#28 Book:8135 Page:2336 adjacent to major roads outside of`neighborhoods and conservation areas as provided within the terms of the conservation easement and SMMP. 9. PUBLIC FACILITIES a. All utility services shall be underground. b. 0 ff-site improvements, if necessary, are the responsibility of the Owner or Development Entity and shall be addressed during the subdivision plat or site plan approval process for each phase and shall meet all City, County and/or State requirements and approvals. C. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. d. Master Utility Plan: Owner agrees that in order for the city to plan for appropriate utility improvements, and appropriately sized lines throughout the area west of Interstate 95 that Owner shall complete, in cooperation with the City and adjacent landowners in the area west of Interstate 95 within the Edgewater Service Area, a master plan for potable water, sewer and reclaimed water services and will also evaluate water supply, wastewater needs and alternative supply sources. The utility plan shall be provided as part of the approval process for the design and construction of utility lines to provide service to the first phase of Deering Park North. e. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development through the subdivision plat or site plan approval process for each phase. f'. Owner or Development Entity, at the tine of development, shall provide all public facilities to Support this project including the R.)Ilowing: i. Water Distribution System, Tire l-lydrants. Owner agrees to connect to and Utilize the City's water distribution system and agrees to connect to the City's potable water 18 Instrument#2021244346#29 Book:8135 Page:2337 systern at the nearest point of Connection. All water distribution systems shall be "looped" wlicrever possible in order to prevent any future stagnation of water supply. All water main distribution system improvements will be installed by the Owner and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at time of platting or in accordance with the requirements,contained in the Land Development Code as it relates to performance bonds. Owner will assist the City in the development of water conservation and alternative water supply activities with specific requirements to incorporate water saving devices within homes and businesses. Owner will also assist the City in developing water resources as future uture needs are determined. Seww-,c: Collection and Transmission System. Owner agrees to connect to and utilize the City's wastewater transinission and collection system. All wastewater collection and transmission system improvements will be installed by the Owner and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting. Storinwater collection/treatment system, including ., outfall system. The stormwater systein including retention and detention pond(s)shall meet the requirements of the St. Johns River Water Management District and the City of Edgewater LDC. Tile pond(s) will be owned and maintained by a POA, the DPSD or other entity having the ability to ensure that the requirements of the permits and approvals are met including operations and maintenance. The on-site 100-year flood elevation shall be established to the satisfaction of the Flood Plain Manager or FEMA. Compensatory Storage shall be met through the St. Johns River Water Management 19 Instrument#2021244346#30 Book:8135 Page:2338 District permit which meets the requirements set forth in Article IV (Resource Protection Standards)of the City's LDC. The Property is included within the City's storinwater utility service area and the City is responsible for compliance with MS4, NPDES, TMDL, BMAP, and such regulatory and programmatic measures as may affect the Property. Owner agrees to determine whether storinwater from the site rnay have any negative impact on the Indian River Lagoon and evaluate water =1 quality improvements to mitigate that impact. Owner may also assist the City to identify improvements and projects in other areas of the City that could support the City's goal of compliance with TMDL goals associated with the North Indian River Lagoon Basin Management Plan and water quality improvement projects. iv. Reclaimed Water Distribution System. The Owner shall install a central reclaimed water irrigation distribution system constructed to City standards, conveyed to the City by Bill of Sale in a form acceptable to the City, and dedicated to the City prior to or at the time of final platting. Owner agrees to connect to and Utilize the City's reclaimed water distribution system and agrees to connect to the City's reclaimed water system at the nearest point of connection. Surface water may be used as a subordinate supplement to the reclaimed water system to allow for the use of rainfall harvesting and as perrnitted by the FDEP in order to provide non-potable water for irrigation purposes. Proper signage shall be included in the development to notify the public that reclaimed water is being Used for irrigation. v. Pavement Markings and Signage:.All required pavement marking and signage(stop signs, road signs, etc.) shall comply with Florida Department of Transportation (FDOT) standards. Enhanced special signage may be used if it meets FDOT 20 Instrument#2021244346#31 Book:8135Page:2339 standards and is approved by the City, vi. Sidewalks. For each individual phase, Owner shall install sidewalks in confiormance with the LDC in all common areas except the trail network, as identified below, may substitute for sidewalks subject to the approval of the City's Technical Review Committee. Individual builders shall install sidewalks in conformance with the LDC in other required locations. Sidewalks shall have a minimum width of five-feet (5') within nei(,hborhoods and six-feet (6') along I arterial and collector roadways, specifically Indian River Boulevard and Williamson Boulevard, with the understanding that a twelve;feet(12') wide rnulti- use path will be provided along at least one side of Indian River Boulevard and Williamson Boulevard in lieu of one of the six-feet sidewalks. Such Multi-Usc Paths may potentially allow for bicycles, pedestrians, and low speed or personal electric vehicles with appropriate speed restrictions to allow for shared Use. The sidewalk-, must be approved by the City prior to issuance of Certificates of Occupancy for each home or non-residential building. Developer shall provide a bond or surety in a torn acceptable to the City in an amount as provided in the fee resolution for such costs, as amended from time to time, for three(3) years prior to final plat approval. Or, L11)011 review and approval and at the City's sole discretion, City may allow the Developer to extend the sidewalk bond for an additional two (2)year term. If sidewalks within an approved subdivision or neighborhood are not completed within three (3) years, unless such time is extended by the City, the Developer or its successor(s) will install the remaining sidewalks, or City may utilize bond to provide same. 21 Instrument#2021244346#32 Book:8135 Page:2340 vii. Recreation Areas: Active and passive recreation areas and facilities may include but are not limited to: walkways, amphitheaters, . greenspaces, public activity spaces, town lawns, village greens, 111111ti-USe paths, linear parks, community clubhouses, ftirrilly pool areas, adult pool areas, village tot-lots, pocket parks, play fields and community parks, and are encouraged to be adjacent to rnaJor water bodies or natural areas to provide access to these areas. Multi-family areas shall provide recreation facilities For their residents. Each residential neighborhood shall be within one-half(0.5) mile, measured by direct distance or"as the crow flies"of a recreation area or facility, with a maximum distance of one mile 4-1*0111 each residence to a recreational facility as measured along a pedestrian pathway, such as a sidewalk. 1111,11ti-USC path or trail. Recreation areas and facilities shall be addressed during; the subdivision plat or site plan approval process for each phase in accordance with the LDC. viii. Multi-Use Path and Trail Network: A 111111ti-Use path and trail network shall be provided throughout Deering Park North in phases that will allow for connection to the regional trail network. The network of paved walkways or natural trails will provide access to community facilities, recreational facilities, neighborhood or community mixed-use areas and the preserved conservation areas. ix. 0 enSpace: The Owner shall designate at least 25% of Deering Park North in aggregate as commun L, ity open space, which may include recreational storn:iwater ponds and lakes, J'assurning such stormwater ponds and lakes are part of a accessible recreational facility such as adjoining park and it-ails, or 22 Instrument#2021244346#33 Book:8135 Page:2341 blueway access facilities] landscaped common areas, village greens, parks, L_ natural preservation areas and areas designated as conservation on the Conceptual Master Plan, along with designated community recreational facilities, which niay include the following uses: active recreation areas and facilities, passive recreation areas, tot-lots, pocket parks and pedestrian and multi-use trail networks. X. Streetlights. Streetlights shall be installed by the Owner for each neighborhood phase at all entrances and intersections and shall meet the requirements set forth in the LDC, prior to issuance of the Certificate Of Occupancy on the first dwelling unit. The POA or DPSD will be responsible for the streetlights, including payment to I"Jorida bower and Light for maintenance and power consumption. X1. Low S12ced Vehicles. Low speed vehicles shall be permitted on streets within Deering Park North but shall not be permitted on Williamson Boulevard or Indian River Boulevard, other than at designated crossings, and on designated iriulti-use paths within the community that are at least twelve feet (12') wide. Low speed vehicles are defined as motor vehicles designed and manufactured for operation on a golf Course For sporting or recreational purposes that are not capable of exceeding speeds of fifteen (15) miles per 11OUr. All low speed vehicles operating upon properly designated streets shall iricet the minimum equipment standards established by 171orida Statutes, as may be amended from time to time. 10. ]IMPACT FEES 23 Instrument#2021244346#34 Book:8135 Page:2342 Impact ices for water, sewer and reclaimed water must be paid prior to the issuance of the building permit. All other irripact fees shall be paid prior to issuance of a certificate of occupancy at the rate in effect at that time. In the event the Owner has appropriately mitigated impacts caused by development of'Deering Park North, or phases thereol', then Owner shall be entitled to impact fee credits that may be transferred to other parties or applied to said impact fees, in accordance with a separate Impact Fee Credit Agreement between Owner and the City. 11. BONI)S A Maintenance Bond equal to 10% of the cost oil' the infrastructure improvements conveyed to the City shall be provided to the City prior to recording the Final Plat. The Maintenance Bond shall be in effect for a two (2) year period firorn the date ofcornpletion of the public facilities. A Performance Bond, or other acceptable financial inStrUITICIA such as a Letter of Credit, may be accepted by the City to cover the cost of all remaining required improvements. The Performance Bond shall be 130% of the costs of all remaining required improvements. 12. !L,'ONSISTEN,('-Y OF 1)P VELQPMEn The City agrees to issue the required permits for Deering Park North in the manner defined in this Agreement after having determined it is riot contrary to the City of Edgewater Comprehensive Plan and t,DC and is compliant with all concurrency requirernents set forth in said documents. 13. PERMITS REOUTREJ) The Owner will obtain required development permits or letters ofexciription, Permits rnay Include but not be limited to the following: 74 Instrument#2021244346#35 Book:8135 Page:2343 I Florida Department of Environmental Protection, St. Johns River Water Management District, Array Corps ofEnoineers, Florida Department of Health and Florida Fish and Wildlife Conservation Commission. City ol'Edgewater-Site Plan, Subdivision Preliminary and Final Plat Approval, Subdivision Construction Plan Approval, all applicable clearing, removal, construction and building permits. Owner agrees to reirriburse the City of Edgewater flor reasonable direct costs associated with the legal review, engineering review, construction inspections, construction of required infrastructure improvements, and the review and approval of the final plat related to the development., including recording fees. If reimbursement of'fees is required, then the City will provide the Owner all estimate of review costs prior to commencing review and an acCOLIrIting of costs of the development review once completed. 14. PUBLIC PURPOSE REJjLJJREMJ- I Utility andRightof Wav: The Owner shall convey to the City, by warranty Gleed with title insurance free and clear of all liens and encumbrances at plat dedication, all public roadways, right-of-way and utility casements as specified above. All potable water, reclaimed water and wastewater utility facilities shall be dedicated to the City. Options for City Hall. City Service buildings:, The parties have specifically provided for the option to locate a City Hall, Fire Station, Finergeney Operations Centel, and/or Police Station within the Town Square District and such uses are specifically pernilucd. The parties would require separate agreements for the constniction of said structures by Owner, Development F'ritity or DPSD, provided 25 Instrument#2021244346#36 Book:8135 Page:2344 by either a market-based Lease/Purchase Option, Impact Fee Credit Agreement or other mechanism as mutually agreed. 'File elevations for said buildings shall be required to meet the architectural standards for the community. The City will be responsible Im- the functional design of such structures. There is no obligation to C01-01110 SUCh structures in the event the parties are unable to reach agreement as to either a Lease/Purchase Option and/or Impact Fee Credit agreement and/or other mechanism, and Owner would then be responsible only for payment of impact fees as provided by the LDC. 3. Well sites: The Owner agrees to donate lour(4)well sites and associated raw water main easements on the Property.The final location of said well sitc(s)shall be based on final agreement to be negotiated between the City and the Owner and permits as issued by the St. Johns River Water Management District. 4. Utility Sites:, A separate utility site for storage tanks and pumping facilities for Potable Water, Sanitary Sewer and Reclaimed Water shall be provided by Owner. "I'lic location and size of said site shall be designed and incorporated within the Utility Master Plan to be developed as part of the review and approval of the first phase. The site shall encompass the acreage needed based on the Utility Master Platt. Owner may be eligible for utility impact fee credits for the value of'such donation. Final site(s) location and size shall be agreed Upon by Owner and City. Value of said site(s) for impact fee credit purpose shall be based upon appraisals at the time of donation. 5. Local workforce: It is a goal to include local workers and sub-contractors in the workforce constructing Deering Park North. As a tneans to measure the 76 Instrument#2021244346#37 Book:8135 Page:2345 impact of this project on the local workforce, any contractors subrilittim, for residential or non-residential construction shall be required to note the name and address of sub-contractors at the time of building permit and highli I 11 g it or underline those that are local or whose workforce consists of at least 25% local employees. 6. Animal Shelter: The City of Edgewater owns and operates an animal shelter within the City. It is a goal that said animal shelter is able to continue to provide 161- the protection and adoption of homeless animals within Fdgewater. Additional residents and homes within Edgewater may increase the impacts and needs for such animal shelter and, as such, the City may provide for a study and potential impact fee for such use. Any homes constructed within Deering Park North after the adoption of any such impact fee will be subject to sarne 15. I)ENEL-0111MENT REQLJ1RF-,MENTS Failure of this MUPUD Agreement to address a particular permit, condition, term or restriction shall not relieve the Owner of the necessity of complying with those permitting requirements, conditions, terms or restrictions and any matter or thing required to be done under the existing ordinances ofthe City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment or waiver is expressly provided for in this MUPUD Agreement with specific reference to the ordinance provisions so waived. However, in the event ill or part of this agreement is assigned to a Development Entity, then such Development Entity shall be solely responsible for compliance with all such necessary conditions for development. 16. H I LTH SAFIFITY AND WELFARE REQUIILriM� -S ,bil 27 Instrument#2021244346#38 Book:8135 Page:2346 The Owner shall comply with such conditions,terms,restrictions or other requirements determined to be necessary by the City for the public health, safety or wclfillre of its citizens. 17. APPEAL If the O,.vncr is aggrieved by any City official interpreting the terms of this MUPUD Agreement, the Owner shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney, If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this MUPUD Agreement. 18. P 1M0RMAN-('_E, !L.UAIZANTEE During the term of' this MUPUD Agreement, regardless of the ownership of the subject property, Deering Park North shall be developed in compliance with the terms of this MUPUD Agreement and apl)licable regulations of the City not inconsistent with, or contrary to, this MUPUD Agreement. 19. B NDI—NG AFFECT The provisions of this MUPUD Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Owner or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this MUPUD Agreement or ally portion thereof*and shall ruii with the land and shall be administered in a manner consistent with the laws of the State of Florida. 20. RECORDING. UI)011 CXCCU[tion by all parties, the City shall record this MUPUD Agreement with the Clerk of the Court in Volusia County, The cost of recording shall be paid by the Owner. 28 Instrument#2021244346#39 Book:8135 Page:2347 21. 1 RJQD1C REVIEW 3E L The City shall review the development subject to this MLJP(,JD Agreement every 12 months, commencing 12 inonths after the date of this MUPUD Agreement to determine if there has been good faith compliance with the terms of this MUPUD Agreement. If the City finds on the basis of competent substantial evidence that there has been a failure to materially comply with the tern-is ofthis MUPUD Agreement, the MLJPUD Agreement may be revoked or modified by the City. Any Such revocation or modification shall only occur after the City has notified the Owner in writing of Owner's failure to materially comply with the terms of this MUPUD Agreement and Owner fails to cure such breach after receiving written notice and a reasonable opportunity to cure such breach from the City. 22. APPLICABLELAW This MUPUD Agreement and provisions contained herein shall be construed, controlled and interpreted according to the laws of the State offlorida. 23. FILE OF DIE L,,SSENCF Time is hereby declared of the essence of the lawful performance of the duties and obli-ations contained in the MUPUD Agreement. 24. AACIIIREEMi:N—T/AMENDM ENT This MUPUD Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Aincridnients to and waivers of the provisions of this MUPUD Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, shall require City Council approval, 25. FURTILER DOCUMENTATION 29 Instrument#2021244346#40 Book:8135 Page:2348 The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in lorill and substance reasonably necessary to confirm and/or effectuate the obligations of cither party hereunder, 26. SPECIFIC PERFORMANCT Both the City and the Owner shall have the right to enforce the terms and conditions of this MUPUD Agreement by an action for specific performance. 27. ATTO NEYS' FEES In the event that either party finds it necessary to commence ran action against the other party to enforce any provision of this MUPUD Agreement or because ol'a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs inCUrred in connection therewith, at both trial and appellate levels. Including banki-LiptCy proceedings. 28. C,0UNTERPARTS This MtJPT.JD Agreement may be executed in any number of'counterparts, each of'which shall be deemed to be an original but all of which together shall constitute one and the sane instrument. 29. CAPTIONS Captions of the sections of this MLJIIL-JD Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of,'tile provisions ofthis M(JPUD Agreement. 30. SEVERABILITY If'any sentence, phrase, paragraph. provision or portion ofthis MUJIUD Agreement is 30 Instrument#2021244346#41 Book:8135Page:2349 for any reason held invalid or unconstitutional utional by any court of the competent jurisdiction,such portion shall be deemed a separate, distinct and independent provision and Such holding shall not affect the validity of the remaining portion hereof. 31 Instrument#2021244346#42 Book:8135 Page:2350 IN WITNESS WHEREOF,the parties have caused this MIJPUD Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By. Bonnie Brown Micl firontas City Clerk Vi yor 32 Instrument#2021244346#43 Book:8135 Page:2351 Witnessed by: OWNER; FARMTON NORTH, LLC, a T ehiware limited liability company By: David Fuechtman, Vice President STATE OF ILLINOIS COUNTY OF COOS. The foregoing instrument was acknowledged before me on this _ _W day of 2021, by David Fuechtman, as Vice President ofFarrnton North, LLC, by means of I✓lphysical presence Oonline notarization and ®'who is personally known to me or Q has produced _ ..... as identification and who did not take an oath. .....: L-- STAMP/SEAL Signature fNotary Public OFFICIAL.�uF.J41. SHELBY KELrLAR NOTARY FLIM.STATE OF iW M 736 20itS 33 Instrument#2021244346#44 Book:8135 Page:2352 EXHIBIT "A" LEGAL DESCRIPTION A portion of the South 1/2 of the Southeast 1/4 of Section 32. Township 17 South Range 33 East, the South 1/2 of the Southwest 1/4 of Section 33,Township 17 South,Range 33 East; the Southeast 1/4 and the South 1/2 of the Northeast 1/4 of Section 34,"`Township 17 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 5. 6 and 7, Section 1, Township IS South Rangc 33 E-,ast. U.S. Lots 1, 2, 3, 4, 6, 9, 10, 11 and 121, Section 2, Township 18 South, Range 33 Fast: U.S. Lots I and 6, Section 3. Township 18 South, Range 33 East; AND U.S. Lots 8 and 9, the Southwest 1/4 arid the Southeast' 1/4 of Section 6, Township 18 South.. Range 34 East, all being in Volusia County, Florida, being described as f'ollows. Commence at the Southwest corner of said Section 2;thence North 89'14'48" East, along the South line of said Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02'53'33" West, a distance of 1524.17 fiect to a point of curvature; thence 9560.65 feet along the arc of a curve to the left, said curve having a radius of 13,883.28 feet, a central angle of 35'19'46" and a chord of 8425.67 feet which bears North 20'33'27" West to a point of reverse Curvature; thence 1391.17 feet along the arc ofa curve to the right, said curve having a radius of 16,116.72 feet, a central angle of 4'56'44" arid a chord of 1390.74 feet which L bears North 35"44'57" West to the North line of said South 1/2 ofthe Southeast 1/4 of'Section 32; thence North 88'48'27" East along said North line of the South 1/2 Of the Southeast 114 of Section 32 and along a line non-tatig ent. to the last described curve, a distance of 276,32 feet; thence 1224.25 feet along the arc of a curve to the left being non-tangent with the last described fine, said curve having a radius of 15,883.28 feet, ZL central angle of 4'24'58" and chord of 1223.95 feet which bears South 36'00'50" East to a point of reverse CUI-Vature, thence 2384.62 feet along the are ofa curve to the right, said curve having a radius ot'l 4,116.72 feet, a central angle of'9'40'43' and a el lord oQ3 81.79 fibet which bears South 33"22'58" East, thence North 61'5423"East, along a line tion-tangent and non-radial to said curve, a distance of 177.80 feet to a point of curvature-. thence 7098,59 feet along the arc of a curve to the right, said curve having a radius of 6860.86 f'ee a central angle of 59'16'52" and chord of 6786.17 feet bears South 88' East to a point of reverse curvature; thence 1627.27 feet along the arc ofa curve to the left, said curve having a radius of 2829.14 a central angle of32'57'20" and a chord of 1604.93 feet which bears South 75°17'25" East thence 480.12 feet along the arc of a curve to the right being non-tangent with the last described curve, said Curve having a radius of 3666.72 fee a central angle ofd 7°30'08" and a chord of 479.77 feet which bears North 10'23'50" West to a point Of COMPOUnd Curvature; thence 2782.07 feet along the are of a curve to the right, said curve having a radius of'28,116.72 feet, a central angle of 5'40'09" and a chord oi'2780.94 feet which bears North 03°48'41" West to a point of reverse Curvature; thence 3173.57 fleet along the arc of a curve to the left, said curve having a radius of 10,383.28 feet, a central angle of 17'30'43" and a chord of 3161.24 feet which bears North 09'43'58" West to the North line of said South 1/2 of the Northeast 1/4 of'Section 34; thence North 88'35'24" E'ast along said North line of the South 1/2 of the Northeast 1/4 of Section 34 and along a line non-tangent to the last described curve, a distance ol'243.96 feet; thence 3173.28 feet along the are of a curve to the right'ht being non-tangent with the last described line, said curve having a radius ol'I 0,616.72 feet a central angle of 170731" and a chord of 3161.48 feet which bears South 09'32'22" East to a point of reverse curvature, thence 2758.98 feet along the arc ofa curve to the left,said curve having a radius of 27 883.28 feet,a central angle of5'40'09" and a chord of2757.85 feet which bear-, South 03°48'41" East to a point of compound Curvature:thence 2519.59 feet along the arc of a curve to the left,said curve havino a radius of 3433.28 feet, a'ccntraI angle of 42'02'52" Instrument#2021244346#45 Book:8135 Page:2353 and a chord of 2463.43 feet which bears South 27'40'11" East to a point of reverse curvature, thence 2417.59 fleet along the are of'a Curve to the right, said curve having a radius of 5116.72 fieC4 a central angel of`27041 8" and a chord of 2395.16 fleet which bears South 35'09'29" East to a point of reverse curvature: thence 2457.30 feet along the arc of curve to the left. said curve having a radius of 5883.28 feet, a central angle of 23'55'52" and a chord of 2439.48 feet which bears South 33'3S'I 6" East to a point of tangency; thence South 45'33t12" East, a distance ol'S30.97 feet to a point of curvature: thence 874.22 feet along the are of a curve to the right, said curve having a radius. of 1366.72 feet, a central angle of 36'39'57" and a chord of 859.39 feet which bears South 27"13'43" East; thence South 89'44'48' F- along a line non-tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95,- thence South 77'5529" West, along said Westerly right of way, a distance of 168.81 feet; thence South 89'41'55" West,along said Westerly right of way,a distanceof-332.8 I feet;thence South 00°1 8'05„ Last, along said Westerly right of way, a distance of'I 10.74 feet to the South line of'said Section 6, thence North 89'4448' West, along said South line of Section 6, a distance of 2945.21 feet; thence 838.48 feet along the are of a curve to the left being non-tangent with the last described line, said Curve having a radius of J 133.28 feet,a central angle of 42'23'29" and a chord of 819.49 feet which bears North 24'21'27" West to a point of tangency; thence North 45'33'12" West, a distance ol'530.97 feet; thence 2554.81 feet along the are of a curve to the right, said curve having a. radius of 6116.72 feet, a central angle of 23'55'52" and a chord of 2536.28 feet which bears North 33'35'16" West to a point of reverse curvature; thence 2307.29 feet along the arc of a curve to the le said curve having a radius of'4883.28 feet, a central angle of'270418" and a chord of 2285.89 feet which bears North 35'09'29 West to a point of reverse curvature;thence 1982.61 feet along the arc of a curve to the right said Curve having a radius of 3666.72 feet, a central angle ol30'58'48" and a chord of 1958.54 feet which bears North 33'1213" West, thence 1810,62 feet along the are of a curve to the right being non-tangent with the last described Curve, said Curve having a radius ol3050.86 fee a central angle of 34'00'14" -,in(]a chord of 1784.17 ket which bears North 75'48'52" West to a point of reverse curvature; thence 6869.19 feet along the arc of a curve to the left, said Curve having a radius of 6639.14 feet, a central angle of 59'16'52" and a chord of 6566.87 feet which bears North 88°27'11" West to a point of tangency; thence South 61"54'23'" West a distance of 177.80 feet, thence 6098.25 feet along the arc of a curve to the right being non- tangent with the last described line, said curve having a radius of 14,116.72 feet, a central angle of 24'45'04",a chord of 60S0.94 feet which bears South 15'1605" East to a point of tangency-, thence South 02'53'33" East, a distance of 1532.89 feet to said South line of Section 2; thence South 89'14'48" West., a distance of 233.60 feet to the POINT OF BEGINNING. AND: The South 1/2 of the Southwest 1/4 and the South 1/2 of the Southeast 1/4, Section 32, Township 17 South,. Range 33 the South 1/2 of the Southwest 1/4, the Southwest 1/4 of the Southeast 1/4, the Southeast 1/4 of the Southeast 1/4, the Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4, the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4, the Northeast 1/4 of the Northeast 1/4, of the Southeast 1/4, the Southeast 1/4 of-the Southeast 1/4 of the Northeast 1/4 and the Northeast 1/4 01'thC Southeast 1/4 of the Northeast 1/4, Section 33, Township 17 South, Range 33 East the South 1/2 of the Northwest 1/4, the South 1/2 of the Northeast 1/4, the Southwest 1/4 and the Southeast 1/4, Section 34, Township 17 South, Range 33 East; that portion of the South 1/2 of Northwest 1/4 and the Southwest 1/4, lying Southwesterly of Interstate 95, Section 35, Township Instrument#2021244346#46 Book:8135 Page:2354 17 South Flange 33 East; a portion of Section 6, Township 18 South, Range 34 Fast, lying Southwesterly of Interstate 95-, all of Section I and 2, Township 18 South, Range 33 East, and Section 3, Township 18 South, Range 33 East, excepting therefrom five (5) acres in government Lot 14, described as follows: Beginning at the Southeast corner of said Section 3. thence West on the South line of said Section 660 feet; thence 330 feet- thence East 660 feet to the East line of said Section -3; thence South an the Section line 330 feet to the place of beginning; all being more particularly described as follows: for a POINT OF BEGINNING, Commence at the Southwest comer of said Section 3, thence North 00'23'50" West, along the West line of said Section 1, a distance of 9268.62 feet to the South line of'said Section 32; thence South 88'53'05' West along said South line of Section 32, a distance of 1121.7'7 fieCt to file Southwest coiner of said Section 32; thence North 01'45'25" West, a distance ofl 317.75 feet to the Northwest comer of said South 1/2 of the Southwest 1/4 of Section 32; thence North 88"48'27" East, a distance of53l 6.15 feet to the Northwest Comer of said South 1/2 of tile Southwest 1/4 of Section 33; thence North 881144'47" East, a distance of 3973.41 feet to the Northwest comer of said Southeast 1/4 of the Southeast 1/4 of Section 33; thence North 01'45'54" West, a distance ol'663.33 fleet to the Northwest corner of said Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 33;thence North 88'44'01 " East, a distance of 661.32 feet to the Northwest comer of said Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of'Section 33; thence North 01'50'38" West, a distance of 1990.46 feet to the Northwest comer of said Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 33; thence North 88'41'43" East, a distance of'658.58 1'ect to the Northwest comer of said South 1/2 of the Northwest 1/4 ofSection34, thence North 88'35'24" East, a distance of S293.36 feet to the Northwestcomer of said South 1/2 of the Northwest 1/4 of Section 35; thence North 88007'06" East, along the North line of said South 1/2 of the Northwest 1/4 of Section 35, a distance of 884.36 feet to the Westerly right of way of Interstate 9S; thence Southeasterly along said Westerly right of way the following flour (4) courses: South 29'53'36" East, a distance of 452.54 feet; thence South 29'52'56" East, a distance of 1053.25 feet; thence South 29'53'27" East, a distance of 1127.04 feet, thence South 29'53'23" East, a distance of 1141.37 feet to the Fast line of the Southwest 1/4 of Section 3j,Township 17 South, Range 33 East; thence South 02°12'17" East, along said East line ofthe Southwest 1/4, a distance of 700.28 feet to the Southwest comer of the Southeast 1/4 of' said Section 35,- thence North 88'44'36" East, along the South line of said Southeast 1/4 a distance of 370.66 feet to said Westerly right of way of Interstate 95; thence Southeasterly along said Westerly right of way the following four(4) courses: South 291152'54" E a distance of 1270.66 feet; thence South 29°53'55"East, a distance of 1005.54 feet: thence South 29'52'17' East, a distance of 825.17 feet thence 939.01 feet along the are of a curve to the right being non-tangent to the last described line, said curve having a radius of 8419.42 feet, a central angle of 6"23'25" and a chord of)A.53 feet which bears South 26'41'16 East. thence South 00'15'12" West, leaving said right of way of Interstate 95 and along a line non-tangent to said curve, a distance of 5905.65 feet to the South line ole Section 6, Township 18 South, Range 34 East; thence North 89'44'48" West along, said South line of Section 6, a distance 382S.35 feet to the Southeast corner of said Section 1; thence South 89'19'23... West, along the South line of said Section 1, a distance of 5288.04 f`eel to the Southeast corner of said Section 2; thence South 89'14'48" Wes along the South line of said Section 2, a distance of 5299.92 feet to the Southeast corner of"said Section 3, thence North 00'20'15" West, along the East line of said Section 3, a distance ol'330.00 fleet; thence South 89'01'09" West. A distance of 660.00 feet. thence South 00'20'15" East, a distance of 330.00 feet to the South line of Section 3: thence South 89,01,09" West, along the South line ofSection 3, a distance of 4619.20 feet to the POINT Of' BEGINNING. Instrument#2021244346#47 Book:8135 Page:2355 LESS AND EXCEPT: A portion of the South 1/2 of the Southeast 1/4 of Section 32 Township 17 South,Range 33 East-, the South 1/2 of the Southwest 1/4 of Section 33,Township 17 South,Range 33 1---'ast: the Southeast 1/4 and the South 1/2 of the Northeast 1/4 of Section 34, Township 17 South. Range 33 East; U.S, Lots 1, 2, 3, 4, S. 6 and 7, Section 1, Township 18 SOLI(h, Range 33 East-, U.S. Lots 1, 2, 3, 4, 6, 9, 10, 11 and 12. Section 2, Township 18 South., Range 33 East; U.S. Lots I and 6. Section 3, Township 18 South. Range 33 East;AND U.S.Lots 8 and 9, the Southwest 114 and the Southeast 1/4 of Section 6, Township 18 South, Range 34 East, all being in Volusia County, Florida, being described as follows: Cornmence at the Southwest corner of said Section 2, thence North 89'14'48" East, along the South line of said Section 2, a distance of 1492.34 1eet for the POINT OF BEGINNING; thence North 02'53'3 West,a distance of 1524.17 feet to a point of curvature; thence 8560.65 fieet along the arc ofa curve to the lea said curve having a radius of 13,883.28 feet, a central angle of 35'19'46" and a chord of 8425.67 feet which bears North 20'33'27" West to a point of reverse curvature: thence 1391.17 feet along the arc ofa curve to the right, said curve having a radius of 169116.72 feet, a central angle of 4'56'44" and a chord of 1390.74 feet which bears North 35o44.57n \Vest to the North line of said South 1/2 of the Southeast 1 /4 of Section 32; thence North 88'48'27" East along said North line of the South 1/2 of the Southeast 1/4 of Section 32 and along a line non-tangent to the last described curve, a distance ot'276.32 feet, thence 1224.25 feet along the arc of a curve to the left being non-tangent with the last described line, said curve having a radius of 15!1883.28 feet, a central angle of'4'24'58" and chord of 1223.95 feet which bears South 36'00'50" East to a point of reverse curvature; thence 2384.62 fiect along the arc ofa curve to the right, said curve having a radius of 14,116.72 feet, a central angle of 9'40'43t' and a chord of2381.79 feet which bears South 33'22'58" East, thence North 61'54 3" East, along a line non-tangent and non-radial to said curve, a distance of, 177.80 feet to a point of curvature; thence 7098.59 feet along the arc of a curve to the right, said curve having a radius of 6860..86 feet. a central angle of 59'16'52" and chord of 6786.17 feet which bears South 88'27'11" East to a point of reverse curvature; thence 1627.27 feet along the arc of a curve to the le said curve having a radius ot'2829.14 fiect, a central angle of 32'57'20" and a chord of 1604.93 feet which bears South 75'17.25" East; thence 480.12 feet along the arc ofa Curve to the right being non-tangent with the last described curve said curve having a radius of 3666.72 feet, a.central angle ol`790'08" and a chord of 479.77 feet which bears North 10'23'50" West to a point of compound curvature-. thence 2782.07 feet along the arc of a curve to d I c right, said Curve having a radius of'28,1 16.72 feet a central angle ol'5'40'09" and a chord of 2780,94 feet which bears North 03'48'4 P West to a point of reverse curvature-, thence 3173-57 feet along the arc of a curve to the left, said curve having a radius of 10,383.28 feet, a central angle oft 7"30'43" and a chord ot'3161.24 feet which bears North 09'43.5gn West to the North line of said South 1/2 of the Northeast 1/4 of Section 34; thence North 88'35'24" East along said North line of the South 1/2 of the Northeast V4 of Section 34 and along a line non-tangent to the Ism described curve, a distance of 243.96 feet;thence 3173.28 feet along the are ofa curve to the right being non-tangent with the last described line, said curve having a radius of 10,616.72 fee a central angle of 1 TOT3 1 " and a chord of 3161.48 feet which bears South 09'32'22" East to a point of reverse curvature; thence 2758.98 feet along the arc of a Curve to the left, said curve having a radius ol27,883.28 feet, a central angle of 5'40'09't and a chord oi'2757.85 feet which bears South 03'48.4 L. East to a point of compound curvature; thence 2519.59 1'ect along the are of a curve to the left, said curve having a radius of 3433.28 feet a central angle ol'42'02'52" and a chord of2463.43 feet which bears South 27'40'1 1" East to a point of reverse CL11-V,1t1Jre.- thence 2417.59 feet along the arc of a curve to the right, said curve having a radius of`Sl 16.72 fleet, a central angel o1'2 7'04'18" and a Instrument#2021244346#48 Book:8135 Page:2356 chord ot'2395, 16 feet which bears South 35'09'29" East to a point of reverse Curvature, thence 2457.30 fiect along the are of a curve to the left,said curve having) a radius of'S883.28 feet a central angle of`23°55'52'" and a chord of 2439.48 feet which bears South 33'35'16" East to a point of tangency; thence South 45'33'12" East a distance of 530.97 feet to a point of curvature; thence 874.22 feet along)the are of a curve to the right,said curve having a radius ofl 366.72 feet, a central angle of 36"38'57 and a chord of 859.39 feet which bears South 27'13'43" East; thence South 89'44.48" East, along a line non-tangent with the last described curve, a distance of'3223.82 feet to the Westerly right of way of Interstate 9j; thence South 77'S5'29" West, along said Westerly right of'way I a distance of 168,81 feet; thence South 89'41-sS"West, along said Westerly right of way, a distance or 332.81 feet; thence South 00'18'05' East, along said Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North 89'44'48" West, along said South line of Section 6,a distance of 294S.2 I feet; thence 838.48 fest along the are of a curve to the left being non-tangent with the last described line, said curve having a radius of 1133.28 tect- a central angle of 42'2'Y29" and a chord olS 19.49 feet which bears North 24'2127" West to a point of tangency; thence North 45'33'12" West, a distance of 530.97 feet. thence 2S54.81 feet along the are of a curve to the right, said Curve having a radius of 6116.72 feet. a central angle of Z7� C, CD 23'55'52" and a chord of 2536.28 feet which bears North 33'35'16" West to a point of reverse Curvature; thence 2307.29 feet along the arc of a curve to the le said curve having a radius of 4883.28 fee a central angle of`27'04'1 8" and a chord ol'2285.89 feet which bears North 35'09'29", West to a point of reverse curvature; thence 1982.61 feet along the are of a curve to the right, said curve having a radius of 3666.72 fieet, a central angle of 30058'48" and a chord of 1958.54 feet which bears North 33'12'13" West, thence 1810.62 feet along the are of a curve to the right being non-tangent with the last described curve, said curve having radius of 3050.86 fee a central angle of 34'00'14 and a chord of 1784.17 feet which bears North -7S' 48' 5 2" West. 10 a point of reverse Curvature; thence 6869.19 feet along the are of a Curve to the left, said curve having a radius of 6639.14 fee a central angle of`S9'( 6-s 2" and a chord of 6566.87 feet which bears North 88'27'1 V West to a point of tangency; thence South 61'54'23n West, a distance of In.80 fleet; thence 6098,25 IM along the are of curve to the right being non-tangent with the last described line,, said curve having a radius of' I 42116.72 feet a central angle of 24'45-04",a chord of 6050.94 feet which bears South 15'1 6-os" East to a point of tangency:thence South 02'533" East a distance of 1532.89 feet to said South line, of Section 2; thence South 89'14'48" West, a distance ol'233.60 feet to the POINT OF BEGINNING. Instrument#2021244346#49 Book:8135 Page:2357 fi x r. 4 . ol y � a ✓ ry' 4 y z z ♦ � "" m s n, { v y � > v y i „ + v a Y k � u b � , I r tl P f r. i. I ^°r' ao�nao u I x M „e �M i P J r r, µ � r � r e a r x zr w x h '., ;� G.ea .,�/i► a z.r s 1 { M k � k1}Cfl U&C a PW »a uzw� f µit v PEERING PARK NORTH=CONCEPTUAL MASTER PLAN (REVISE__- --- CkM L+l� �.:, ..,, Instrument#2021244346#508onk:8135Page:2358 EXHIBIT "B" Instrument#2021244346#51 Book:8135Page:2359 COMPOSITE EXHIBIT "C" MUPUD Districts and Design Guidelines MUPUD Districts Neighborhood General Residential neighborhoods located on the western portion of' the development area with primarily single-family homes and limited multi-family Such as two-unit villas. Connected to the street grid on the east side of'the district and allowing both conventional and traditional neighborhood development, depending upon niarket demand, but primarily expected to be conventional neighborhoods. Neighborhood Center Residential neighborhoods located in the center portion of the development area with a mix of single-family horries and multi-fiarrilly such as villas and tOW1111OLISeS. Bed & Breakfast lodging facilities are permitted along with small-scale oft-ice and retail, along with vertically mixed live work units with workspace on the first floor. With a grid street systern and allowing both conventional and traditional neighborhood development, depending upon market demand, but primarily expected to be traditional neighborhood development. Town Square Mixed-use area designed to be the community focal point (or activities, gatherings, restaurants, coffee shops, recreation, civic, governmental, along with residential such as single-family, villas,townhouses, apartments, condominiums, hotel. Bed& Breakfast lodging facilities, office, retail, along with vertically mixed live work units with work-space on the first floor. With a arid street system and smaller blocks, the Town Square creates a small town ('cel for Deering Park. Workplace Flex Space and Regional Shopping Mixed-use areas along Indian River Boulevard and Williamson Boulevard allowing for a transition from the commercial ofl-lawk's Gate to the east to the Town Square to the west, and including all types of office, retail, shopping, hotel, light industrial, workplace and other ernployinent opportunities. 'I'lie only residential allowed are inulti-family units including townhouses, apartments and condominiums vertically mixed live work units with workspace on the first floor. Neighborhood Flex Space Mixed-use areas a1O112 Williamson Boulevard allowing flor a large range Of uses depending upon market needs over time including all types of office, retail, shopping, hotel, light industrial, workplace and other employment opportunities. Residential may include single- family, multi-family units including villas, townhouses, apartments. condominiums. Bed & Breakfast lodging facilities and vertically mixed live work units with workspace on the first floor. Instrument#2021244346#52 Book:8135 Page:2360 PUD DISTRICTS LEGEND: ' 4OTAt,DgFVUOPABLc AREA DEE.RkNG PARE N0RTH:`1,3Gl,'22 AC NDGHBMR CKtO GEN :�,ql l-'360 79 ACY " "�` NFIGHIORr4WDrEN,tR(-21:.274Q N EIGHB(')R)C000 W1 X SPACE{'286.75 AC) IQWPJ SQUARE E G 21 E 45 AC) VORKPLACE PLE SPACE R-3EGi0NAL 5110PPIryCs('l3d.a4 AQ ...«..._r ,�.,. RICaHI 0 WAY'S LAKES.OTHER J-236 56A'") n , � � Y VEGETATED BUFFER YYP.. s+ k =c i n y w, e N Y r � t vr' Y , Y , � wt o i a Y �- Y „ Y i rYn i Y h4 Y „ S 4r f I' L f qY ✓ 1 iw'„w, ., , K d. r i1 t P 3 � m j" ( F r p 4 Y 1 -7 IX p v 4 Y 9` v, w yp�p 4 w, 1 � Y l ;A+ { ` ,an i •,..- DEERING PARK NORTH PUD DISTRICTS(REVISED) _ F ��.:,r Instrument#2021244346#53 Book:8135 Page:2361 Neighborhood General Building Function Bnildinu Confimiration Residential Detached SF * Btidding height shall be measured Attached Villas in number ofstories excluding attics and raised basements. Buildnw, I lciLdn 0 Stories may not exceed 14 feet in Principal 2 stories max height from finished floor to Accessory/ In-Law Suite 2 stories inax finished ceiling, except for a first- floor commercial use which must Lot Occunation be a min. of 11 11. with a Minimum Lot Width 40 ft. maximum ol'25 fit. Mininn.1111 Lot Depth 90 11. 0 Height shall be ineasured to the Building Coverage 70% max cave or roof deck. Lot Front Setbacks - Principal Bgildin * Lots may front on a common open Front 10 ft. min. space. SLICII lots ITILIst also be served Side 5 11. inin, by an alley or easement, Side Corner 5 ft. min. * Up to six lots may be accessed by a Rear 5 11 min. commonly held casement drive that is Lingated and designed to permit Setbacks -Accessory fire access. Structures including pools Front Not allowed in front Side 5 ft. min, Side Corner 5 ft. min. Rear 5 11. min. Private Frontal4es Common Lawn Low Fence Permitted, to property line Terrace Permitted Forecourt Permitted Stoop or Porch Permitted, stoop or porch must meet setback Instrument#2021244346#54 Book:8135 Page:2362 Neighborhood Center BuildingFunction ',onf Building, C iguration Residential Permitted 0 Building height shall be measured Lodging (bed & breakfast} Permitted in number of stories excluding Office (maximum 25,000 sf) Permitted attics and raised basements. Retail (maximum 25,000 sf) Permitted 0 Stories may riot exceed 14 feet in Mixed-Use Live-Work Units Permitted height from finished floor to finished ceiling, except for a first- floor commercial use which must Building HeightI be a min. ofl I f. with a maximum Principal stories max of 25 ft. Accessory/ In-Law Suite 2 stories max 1-Teight shall be measured to the eave or roof deck. Lot Occupation Service Lot Width Minimum Ml,' 18 11. 0 Lots may be served by an alley. Lot Width Minimum SF 30 ft. 0 Trash service and containers should Lot Depth Minimum 60 ft. be located on the rear alley for Building Coverage 80%max those lots served by an alley. Setbacks—Ilriq_q.i al Building Front, 0 ft. min. if alley loaded Side 3 ft. min. Lot Frontau Side Corner 5 ft. nein. 0 Lots may front on a common open Rear 5 ft. min. space. Such lots must also be served by an alley or casement. Setbacks-- Accessory Structures * Up to six lots may be accessed by a Front Not allowed in front commonly held easement drive that Side 3 ft. ni In, is ungated and designed to permit fire access, Side Corner 5 ft. min. 0 Up to 12 lots may front on a Rear 5 I't. inin• common open space without access to an alley as part of a pocket Private Frontmics neighborhood with a common fire Low Fence Permitted, to property line access plan. Terrace Permitted Stoop or Porch Permitted, MLISt meet setback Shopfront & Awning Permitted Gallery Permitted Instrument#2021244346#55 Book:8135 Page:2363 Town ,Square l3nildiriv Function Building COnfigUration Residential Permitted * Building height shall be Lodging Permitted measured in number of Office Permitted stories excluding attics Retail Permitted and raised basements. Civic Permitted 0 Stories may not exceed 14 Mixed Use Live Work Permitted feet in height f7rorn finished floor to finished Build I ceiling, except for a first- Principal 4 stories max floor commercial use Accessory 2 stories max which must be a min. of I 1 11. with a maximum of Lot Occupq Lin n 25 fl. Lot Width Minimum MF 18 ft, Hei-lit shall be measured the Width Minimum SF 30 ft. to te cave or rool'deck. Lot Depth Mininitim 60 ft. Building Coverage 80% max Setbacks — ZEjncji .ijjlding Encroachments Front 0 ft. min. • Galleries may encroach Side 0 ft. min, upon the public sidewalk. Side Comer 5 fl. min. Rear 3 ) ft. min. All setbacks can bring to street for streetscape where appropriate for Urban block Setbacks—Accessol-v Structures Front Porches and awnings only Side 0 ft. min Side Corner 0 ft. min. Rear 3 11. min. Private Frontages Low Felice Permitted, to property line Terrace Permitted Forecourt Permitted Stoop or porch Permitted Shopfront & Awning Permitted Gallery Permitted Instrument#2021244346#56 Book:8135 Page:2364 Workplace Flex Space and Regional Shopping Building ftraction Buildhw Confi—ouration Residential Multi-Family 0 Building height shall be Lodging Perinitted measured in number of Office Permitted stories excluding attics Retail Permitted and raised basements. Light Industrial Permitted 0 Stories may not exceed Mixed Use Live Work Permitted 14 feet in height from Civic Permitted finished floor to finished ceiling, except for a f Irst- Bitilding jf-_eiglj_t floor commercial use Principal 8 stories which must be a min, of Accessory n/a I I ft. with a maximum of 25 11. 0 1 leight, shall be measured to the cave or roof deck. LP�Occl:041.io-11 Right of Way Easements Lot Width 18 ft. rain. Right of way casements Building Coveraoe 80% max. shall be preserved when possible for future streets Setbacks—PrinCiDal to connect to existing or B2LI d i n g, planned access points. Front 10 ft. I-nil]. Side 10 fl. min. Side Corner 15 ft. min. Rear 15 ft. min. All setbacks can bring to street for stree1scape where appropriate for urban block Setbacks-Accessory Structures T,rout—It Porches and awnings only Side 10 ft. mill. Side Corner 10 ft. n11,11 Rear 15 11. min. All setbacks can bring to street for strectscape where appropriate for urban block Private Frontages Forecourt Permitted Stoop or Porch Permit-ted Shopfront & Awning Permitted Gallery Permitted Instrument#2021244346#57 Book:8135 Page:2365 Neighborhood Flex Space BuilLfing Y�unction BUildunly Configuration Residential Permitted Building height ,,hall be bodging Permitted measured in number of Office Permitted stories excluding attics and Retail Permitted raised basements. Light Industrial Permitted Stories may not exceed 14 Mixed Use Live Work Permitted feet in height from finished Civic Permitted floor to finished ceiling, BUitdirw, I-lei dit except for a first-floor commercial use which must Principal 6 stories max be a min. of I I ft. with a Accessory/In-Law Suite 2 stories max rnaxin-iurn of 25 ft. Height shall be measured to Lot 0 Lot Width Minimum MF 18 ft. the eave or roof deck, Lot Width Minin11.1111 SF 30 ft. Lot Depth Minimum 60 ft. Building Coverage 80%max Nui Uling 14cight Transition Setbacks—Prindpal 0 Bil3 dinas heights greater L thn stories shall be varied Building when possible to minimize Yront 5 ft. min. visual impact and encourage Side 5 ft. min. aesthetic appeal, Side Corner 5 ft. rnin. Rear 3 ft. min. Encroachment Setbacks—Accessory 0 E'lements such as stoops, StructUrcs porches and stairs may encroach into the front i�'ront Not allowed in front setback. Side 5 ft. min. Side Corner 5 ft. min. Rear 3 ft. min Private_F,roilLages Low Fence Permitted, to property line Terrace Permitted Stoop or Porch Permitted Shopfiront & Awning Permitted Gallery Permitted All setbacks can bring to street for strectscape where appropriate lor urban block Instrument#2021244346#58 Book:8135 Page:2366 DESIGN GUIDELINES These design guidelines provide information to assist with developing subdivision plats and site plans For the creation of the authentic Deering Park community, along with Exhibit 'T" — Illustrative Examples of' Community Features, which consist of photographs of various P 1_� conditions and features. They are designed to provide guidance only and not to represent exact requirements. i. Build-to Lines a. Buildings shall be positioned on lots to emphasize and enhance the public realm within the rights-of-way by providing building setbacks and build-to lines. Buildings shall not cause sight distance conflicts at intersections of roadways or alley ways. Setbacks and build-to lines which encourage the use of alleyways and/or front porches are highly recommended. b. Setbacks shall be established for residential and non-residential uses as described in the MUPUD Districts. Variations in setbacks/build-to lines along roadways shall be encouraged to provide visual relief while promoting front-porch corninuill ties and walkability, C, Elen_ICFAS such as stoops and stairs may encroach into the front setback and build-to lines. Lighting a. Outdoor lighting requirements shall be designed to direct lighting Z::� downward in accordance with dark skies techniques in order to reduce light Pollution. Specific lighting types, fixtures, illumination times, Instrument#2021244346#59 Book:8135 Page:2367 energy efficiency and intensities shall be addressed in subdivision plats and site plans for each phase. Walkability a. The interconnected network of local streets shall be designed at lower speeds (25 111ph or less) as ,in amenity to pedestrians and cyclists. On-street bicycle and low speed vehicles including golf carts shall be encouraged on local streets, b. Safely lit sidewalks with physical separation from adjacent roadways (via curbing , or otherwise adequate spatial separation) shall be provided to encourage night-time use. c. Woonerfis, or streets designed to be shared with pedestrians, shall also be encouraged in appropriate locations in the design of'neighbor oods d. In all residential areas, the planting of street trees shall be required to provide shade over tine and promote pedestrian activity,recognizing that these street trees ccitillot cause impacts to sidewalks, underground utilities or streets and must be placed in appropriate locations. iv. Block Size a. Other than to preserve natural resources or accornmodate large employers, block sizes should not exceed five (5) acres in area, b. Blocks may be larger and the roads irregular to accommodate natural conditions and large employers. but the intent is to provide C01111ediNfity to 1111PI-OVC circulation, N'. Parking Locations (on- and off-street) Instrument#2021244346#60 Book:8135 Page:2368 i). Olf-.street parking requirements shall be in accordance with the City of I-Edgewater Land Development Regulations, as amended by this MUPUD Agreement, which incorporate maximum parking space reclun-eiricrits in addition to minimum parking provisions. Shared parking is also encouraged to reduce the amount of parking. Golf cart and bicycle parking shall also be provided in all non-residential areas. b. Off-strect parking must accommodate sidewalks and pedestrian satety between the principal building entrances) and the street right-of-way. Off- street parking shall not be permitted between the principal building and the right-of-way, if parked vehicles are likely to obstruct sidewalks or create sight distance problems at intersections. Parking plans must be approved as part ol'the subdivision plat or site plan. c. Parking 11or electric vehicles - Off-street and on-street parking spaces reserved for electrical vehicles, augmented with charging stations, shall be encouraged. d. On-strect parking is encouraged along all local and minor collector roadways, provided that emergency vehicle access is accommodated and twenty (20) feet of travel lanes for two-way roads. Ori-street parking along major collectors or arterials shall be reviewed on a case by case basis. c. Temporary event or overflow parking for non-residential uses shall be allowed on level grass lots or other non-paved surfaces. Such parking is specifically not allowed within Swale or Dry Stormwater Retention Instrument#2021244346#61 Book:8135Page:2369 Areas. f' Off'streetparking for non-residential uses is encouraged to locate a 111111i1*111.111-1 of 50% of such parking in the rear of primary structures. Parking in the front ot'primary StrUCtUreS, may be appropriate on a case- by-case basis as part of an overall site plan and landscape buffer review. Vi. Non-Residential Building Entrances a. Main entrances should be oriented toward the street or streets. b. Although the inain aesthetic emphasis shall be on the priniai-Y facade(s), all building elevations shall receive architectural treatment. The style of windows shall remain uniform on all sides of the building. c. Primary entrances shall have either a protruding or raised roof, a stoop, a prqjection or recession in the building footprint a minimum of three feet (Y) in depth that clearly identifies the entrance. d. In addition, every primary entrance shall have two (2) other distinguishing features from the list below: i. Variation in root.'height around door; ii. Canopy or portico; iii. Raised cornice or parapet over door; iv. Arches or columns; V, Patterned specialty paving at entrance and along walkway; 1 01 ,-na mental and structural architectural details other than cornices over or on the sides of the door; or vii. Any other treatment, which, in the opinion of the City, meets the Instrument#2021244346#62 Book:8135 Page:2370 intent ofthis section. viii. Public Space St.in(lat-(Is/Sti-ects/Sqtitresfl'ransit/Bikes a. A transit route is not anticipated within the development until the extension of Williamson Boulevard is constructed. Until that time, the landowner will coordinate with Votran on an annual basis to determine if any routes will be located within 'A mile ofthe project. Transit availability and potential bus shelters/stops shall be coordinated with Votran will be addressed at the subdivision plat or site plan process for each phase. b- Roadway design shall encourage bicycle and pedestrian mobility options and shall also be designed to support rubber-tire transit and autonomous vehicle opportunities, c. Use oil' low-speed vehicles, as defined by Horida Statutes, shall be permitted on local streets and inay be permitted on IuLdti-use paths provided they conform with the standards for such paths. d. Lots may front on a common open space such as a mew (park area in front ol" homes), which is served by an alley, or on a Housing Court, without an alley. e. Up to six lots may be accessed by a commonly held easement drive that is un-gated and designed to permit fire access. 1". Up to 12 lots may front on a common open space such as a mew without access to an alley as part of a pocket neighborhood. clustered {groups of neighboring houses, villas, townhouses or apartments gathered around a shared open space, with a common fire access plan. Instrument#2021244346#63 Book:8135 Page:2371 g,. Roadways should be interconnected as much as possible while keeping in mind the need to preserve or reduce impacts on natural resources. Ii. Parks shall incorporate bicycle and pedestrian amenities as appropriate, such as bike racks, benches, shade and water fountains. Any potential bus shelters/stops shall be coordinated with Votran during the subdivision plat and site plan approval process. xi. Pi-ovisions foi- Shade a. Landscaping plans, including street trees, shrubs and groundcover shall be addressed during the subdivision plat and site plan approval process to provide shade for pedestrians and create the Deering Park experience, b. For non-residential uses,designs shall encoura-e pedestrian shade areas and may include provisions for shade trees to be planted or shade structures to be erected along major pedestrian routes on site and main entrances of buildings on the same site, Instrument#2021244346#64 Book:8135 Page:2372 Additional Use SlIecific CriteriLl Residential "Accessory Suites" shall be permitted as an accessory use on single-family residential lots provided: I The suite's living area shall be a minimum of 480 square fleet and a maximurn of 900 square feet. 2) The proposed architectural treatment for the suite shall be consistent with the principal residential structure on the property. 1) Suites may be attached or detached from the principal residence, 4) The suite's structure shall meet the same side building setbacks as the principal residence on the property. If the suite is detached from the principal residence, the rear yard setback shall be a minimum of 10 feet. 5) Any additional access to the street shall be provided via the driveway fear the principal residence on the property. Accessory Suites may include kitchen facilities but shall not be considered as separate dwelling units provided such Suites are accessory uses owned by the dominant single-family residence, provided that the owner occupies either the principal dwelling or the accessory dwelling. 6) Accessory Suites shall be limited to 20%of the total number of"residential units. Townhornes and duplex units may be subdivided into individual lots consistent with the requirements herein or may be maintained in a condominium form of ownership. Diversity of Housing: 'ri-ic project shall reflect diversity of housing, both in design and in lot sizes. Although a minimum of single family 40ft lots are permitted within Deering Park North, no more than 25% of the Decring Park North homes shall be located on 40ft. lots. This pro,iect does not require that all lots in a neighborhood be identical. Smaller lots can be mixed wit], larger lots to provide diverse housing types and neighborhood identities. Commercial All commercial and light industrial uses shall meet the parking requirements of the City's LDC, except as otherwise provided herein. For retail uses, 50% of required parking shall be located on the side or at the rear of the building. Commercial areas may be subdivided into 18' wide lots, which inay then be combined to meet "building site" requirements including all minimurn yard size and other standards as measured from the perimeter ofthe "building site" which is created by a combination of lots. Commercial buildings shall be oriented towards the street with appropriate streetscape to encourage pedestrian- friendly design. Shared parking as well as parking for bicycles, golf carts, personal electric vehicles, shall be allowed which will reduce parking reqUil-CluClItS if supported by a parking study. To�_Vn Square For the Town Square area, with the intent being that development will provide for the ambiance of a downtown square. the following requirements shall control in the event of Instrument#2021244346#65 Book:8135 Page:2373 conflict with other provisions of this Agreement. Parking for the Town Square shall be provided at the rate of 2.5 spaces per 1000 sq. ft. of gross floor area, with separate golf cart parking and bicycle racks. Since the town square will encourage shared parking, the Developer will be able to count off-street and on-site parking spaces paces which may include but not limited to oil-street parking, on-site parking, stand-a-lone parking lots and Structured parking and ]low parking shall be shared among users in order to demonstrate adequacy ofparking to serve tile town square. Thus, parking is not required to be built on the same parcel as the proposed use to be counted and may be provided as pail of a parking lot or structure intended to provide parking for all or part of the town square area. Town Square areas may be subdivided into 18' wide lots, an appropriate number of such lots shall then be combined to meet "building site" requirements including all minimum yard size and other standards as measured froth the perimeter of the "building site" which is created by a combination of lots. Commercial buildings shall be oriented towards the street or town square area with appropriate streetscape to C11COUrage pedestrian friendly design. Parking Z__ ZD shall include spaces for golf carts and bicycles. Overflow parking for events can be located on grass parking areas. Light industrial Light Industrial uses may be subdivided into 18' wide lots, an appropriate number of such lots shall then be combined to meet "building site" requirements including all minimum yard size and other standards as measured 1roin the perimeter ofthe "building site"which is created by a combination of lots Mixed Use Live Work Mixed Use Live Work units include both a commercial office component and a residential component occupied by the wane resident, and used for small businesses such as: accountants; architects; artists and artisans; attorneys, computer software and multimedia related professionals; C011SL11tants; engineers; fashion, graphic, interior and other designers; hair stylists; home-based office workers, insurance, real estate and travel agents; one-on-one instructors; photographers, and similar occupations Schools and Parks Schools and Parks can be located in all districts Subject to compatibility considerations. Criteria for specific school locations shall be 1'11CIUded in an agrecirient between the landowner and School District of Volusia County. Any high school site must have access from a. road that can be four laved as needed to account for additional traffic Temporary Uses within Mixed Use Districts As Development commences within I)ecring. Park North, there will be a need for interim or temporary uses within inixed use areas to create a sense of place and activity, including overflow Parking and entertainment uses. Overflow parking can be grass or stabilized but unpaved areas. Entertainment uses are permitted within a five(5) acre site that may be located near the town square to be designated in the town square site plan approval for Lip to five (5) years from the date of its opening, including the f'0110\Vill'), uses: 1. Food trucks; Instrument#2021244346#66 Book:8135 Page:2374 2. Entertainment stage areas, I Alcoholic beverage sales with appropriate licensing; 4. Cargo containers that may be converted to temporary food preparation and dispensing areas sin-filar to food trucks with the same standards as food trucks; .5. Open seating, with and Without shade or roofs, with lighting 6. Retail sales consistent with such an area, such as art shows, fanners markets, etc.; 7. Recreation areas such as volleyball. badminton, bocce, pickleball courts, etc.; S. Unique signage may be permitted for these uses, including temporary signs, cargo containers as bases for said signage, subject jecl to review and approved by staff, with the understanding that such signage rights shall expire upon the removal of the temporary entertainment area. Instrument#2021244346#678onk:8135Page:2375 Exhibit "D" Instrument#2021244346#68 Book:8135 Page:2376 Marquis Latimer + Halback LANDSCAPE AR(HIT. r,v' URE: F)L,4. 41,!!NG MEMORANDUM Project: 19.19.4 Deering Park North Re: Exhibit D—v5.3 Date: 11/2.3/2020 Introduction (leering Park North, as with the balance of Deering Park, is envisioned as a community knit within the native, natural environment of central Florida pines, oaks, and coastal plantings. The plant list is designed to provide guidance for the materials to be used in public and private locations. EXHIBIT : APPROVED PLANT SPECIES KEY Native Florida Friendly (but not Native) NOTE: " Plantings Specific piantings are noted as "signature" and are designated as a base plant palette to be.;incorporated into the public/right-of-way/park plantings. NOTE: Plants Not Listed All native plantings as defined by OF/IFAS or USDA to central Florida may be used in addition to this fist. Information for Volusia County native plant species was obtained from the Florida Native Plant Society Web Site at ��w ..3 ��; � -i and availability checked in FANN dative Plant and Service Directory Issue#33 2021. All these species are available in native nurseries. All plantings defined as "Florida Friendly" and suited to central Florida's climate by OF/IFAS may also be used. Refer to the Florida-Friendly Landscape website for more assistance: w NOTE Varieties Unless noted otherwise, varieties or cultivars of the plantings noted below may be used. For example: Quercus virginionG 'Highrise' (Highrise Live Oak) may be used as Quercus virginiana is listed, below. Instrument#2021244346#69 Book:8135 Page:2377 M r-::f1iOR Aiap4.'�'s Page 2 of 6 STREET TREES Botanicalname Common Name Acer rubrum Red Maple Magoolia grondiflora Southern Magnolia Quercus viryiniono Live Oak "s Toxodium distichurn Baid Cypress All street trees noted above are to be used on standard right-of-ways (50' or 60') and along roadways in larger right-of-ways, but where ample space is present for an expanded variety and plantings along (a) medians, (b) park areas, and (c) natural plantings, the fokcwing categories of understory trees, flowering trees, and other trees may be used: " LARGETREES The following trees are selected to be used in the widest rights-of-ways and other public areas, especially along existing areas of pines and hammocks. Botanicalname Common Name Pinus eNiottii var. dense Slash Pine µNY Pinus palustris Longleaf Pine AIM Quercus.shurnordii _ Shurnard Oak UN ERSTORY TREES Botanica/name Common Name Coryo aquotica Water Hickory _ r llexcessine _ Dahoon Holly 94 .1 flex opaca American Holly . -41 flex vamitvria !!aupon Helly r luniperus sificicola Southern Red Cedar luniperus virginiana Eastern Red Cedar Liquidombor styrociflua Sweetgurn fvlyrica cerifera (Morella cerifem) _ Wax tvlyrtie _ Nysso biflora Swamp Black Gurn Quercus geminate Sang Live Oak Taxodium ascendens Pond Cypress Ulm LIS par,,,1,fo!;0 Drake Elm UNDERSTORY TREES: FLOWERING Botanical name Common Name Aesculu.s pavia Red Buckeye Instrument#2021244346#70 Book:8135 Page:2378 "`✓�iaR ��AttGU ,g Page 3 of 6 F" Armors globs Pondapple �^ Cercis conadensis Redbud Chionranthus wrginicus White Fringe Tree Gordonio lasionthus Loblolly-bay Lagerstroern;o indica Crape Myrtle >= Prunus ongustifolio Chickasaw Plum Prunus colleryono 'Bradford' Bradford Pear Prunus coroliniorra Cherry Laurel Sideroxylon foetidissimum 'Vla.stic, False Mastic,Wild Olive PALMS Palms are included as sparing accents. Note that the only palm that should be intermixed on many of the streets is the native Cabbage Palm (Sabal palmetto). All palms should be certified as being treated against Lethal Bronzing and other similar pests/infections. Botanicalname Common Name Rutia capitata Pindo Palm Livistonio chinensis Chinese Far? Palm Phoenix conariensis Canary Island Date P'aEm Phoenix dactalifera Date Palm Phoenix sylvestris Sylvestris Date Palm Sabal palmetto Cabbage Palm Trachycarpus fortunei windmill Palm Instrument#2021244346#71 Book:8135 Page:2379 Page a of 6 RIGHT-OF-WAY SHRUB + ORNAMENTAL GRASSES Botanical name Common Name dex vomitorio'Nana' or ':.Scmilings" Dwarf Yaupon Hollies (varieties) " illicium parvif'lorum Yeliow Anisetree Muhlenbergia capillons Muhly Grass Serenoo repens Saw Palmetto µ; Spartina bokerr Sand Cordgrass ' Frpsocum dactyloides Fakahatchee Grass Viburnum obovatum Walter's Viburnum ADDITIONAL HEDGES, SHRUBS + ORNAMENTAL GRASSES {*To be used as hedge or screen for parking lots.) Botanr'calname Common Name Abelio grondiflora* Abulia Collicorpa omericona Beautyberry Carnelha japonica Camelha Camellia sasonqua Sasanqua Camellia Crinum spp. Crinum Lily Erogrostis efliottii Elliott's Lovegrass Galphimia (or Thryallis)glauca 1 hryallis Gardenia jrzsminoides _ gardenia Hamelia patens Firebush 11ex cornuta* Chinese Holly llexcorn uto* "Curfordi" Burford Holly flex crena to Japanese Holly luniperus chinensis* Chinese Juniper luniperus spp. Junipers Magnolia grandifloro 'Little Gem' Little Gere Magnolia Philodenron selloum Split Leaf Philodendron ilodocarpus rnocroph,vllus* Podocarpus Raphiolepsis indica Indian Hawthorn Rhododendron indica* Indica Azaleas Rhododendron obrusurr Dwarf Azaleas Rhododendron kururne Kurume Azaleas Viburnum odoratissrum.* Sweet Viburnum Viburnum suspensum* Sandankwa Viburnum furca elephantipes Spineless Yucca Instrument#2021244346#72 Book:8135 Page:2380 rIiEt1ivpANrlam'iM Page 5 of 6 Yucca srnaliiana fear Grass. s." Zomia integrifo lie Coantie Zomia furfuracea Cardboard Plant WETLAND: VEGETATED MARSH SHRUBS + FERNS Botanica/name Common Name Aerostichum danceifolium Giant Leather Fern <.w Canna flaccida Golden Cana Cladium jamaicensis Sawgrass Crinum omericanum Crinurn Lily z.: Eleochoris spp. Spikerush ,. tris sovannorum Blue Flag Iris Juncus effusus Softrush Nephrolepis exaltata Wild Boston Fern _ Osmundo regalis var. spectabilis Royal Fern Panicum hernitomon Maidencane Pontederia cordata pickerelweed Quercus laurifolia Laurel Oak(for upland edges) Quercus nigra Water Oak (for upland edges .,r Rhynchospora fascicularisFascicled Beakrush Sgittaria lancifalia Duck Potato; Corr}rnorr Arrowhead Soururus cernua Lizard's Tail _ Sportino bakeri Sand Cordgrass Thalia geniculate Fire Flag Thelypteris spp, Maiden Fern Wuodwordia virginica Chain Fern WETLAND: OPEN MARSH + AQUATIC PLANTS Batanicalname Common Name Nelumbo lutea American Lotus _. Nuphar avena Spatterdock Nymphea odorata White Water Lily Nymphaides aquatica Floating hearts Schoenoplectus colifornicus Giant Bulrush Schoenoplectus tobernoemontani Soft Stem Bulrush Thalia geniculate Fire Flag Vollisneria americana Tapegrass Instrument#2021244346#73 Book:8135 Page:2381 A,EX 0RAraDUM Page b of 6 6 R UNDC 'VERS Sotanicalname Common Name Aspidistra elotior Cast Iron Plant Cathoronthus roseus Periwinkle,Vinca Cyr tornium falcaturr Holly Fern Dietes iridioides African Iris Ficus pumila Creeping Fig Gaillardio pulchello Gaillardha Hemerocollis spp. _ Day Lilly s' 'Helionthus debilis Beach Sunflower Iris virginica Blue Flag tinope spp. Lily Turf Monarda punctata Dotted Horsernirrt Nephrolepis exaltata Sword or Boston Fern Ophiopogon japonicus Mondo Grass Rudbeckia hirta _ Slack Eyed Susan frachelo.spermum asiaticum Confederate Jasmine Tror..helospermum .osminoides Star Jasmine Tulboghio violar-eo Society Garlic: Vinco motor B;gleaf Periwinkle TURF BASS Bahia Grass Berrruda Grass Centipede Grass St, Augustine Grass Zoysia Grass NATURAL TURF ALTERNATIVES The following may be used to intermix with turf and/or in place of turf'. Botanical name Common Name Arachis glabrate Perennial Peanut,Grassnut Mimosa strigillosa Sunshine Mimosa Oplismenus setorius Bristle Baskctgrass (shade only) Exhibit developed by Jeremy Marquis, Marquis Latimer+ Halback, Inc., and Anne C.Cox, PhD, Ecolo-G, Inc. Instrument#2021244346#748onk:8135Page:2382 Exhibit "E" Instrument#2021244346#75 Book:8135 Page:2383 z U, 0 ow IW 4—J , ro +\\\AAS\�w..w J -y ® + 0 D JON Ik r�sr 9.. Q z Instrument#2021244346#76 Book:8135 Page:2384 , .>.° „�.auF«s�a�,a,.,,,o�: ✓;a" z�w ,.x„s,wv�;�. ��.«,a«..�«w.,� �aw,.�.a.�ti�c,�,uw:.+.' 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