City of Lake Helen City Commission Agenda

Transcription

1 City of Lake Helen City Commission Agenda November 8, 2018 at 7:00pm City Hall City Commission Chambers 327 S. Lakeview Drive, Lake Helen, Florida Mayor Daisy Raisler Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell CALL TO ORDER: Mayor Daisy Raisler CEREMONIAL MATTERS: Legislative Prayer and Pledge to the Flag INSTALLATION CEREMONY: The City will hold an installation ceremony to swear in newly elected Commission Zone 2 (Vice Mayor Vernon Burton) who was reelected without opposition in June BUSINESS OF THE COMMISSION: ITEM 1: Additions, Deletions and Modifications to the Agenda ITEM 2: Recognitions, Proclamations and Presentations: Item 2a: Recognitions: Certificate of Appreciation to Nancy Weary for the October Little City, Big Sale. Item 2b: Proclamations: Monarch City USA Item 2c: Presentations: None ITEM 3: Public Forum: This time has been allocated for public comment on any item or topic not on the agenda. Each speaker will be allowed up to three (3) minutes to address the Commission. Speakers must approach the podium, give name and address. ITEM 4: Item 4a: PUBLIC HEARINGS: QUASI-JUDICAL CERTIFICATE OF APPRORIATNESS: The Historic Preservation Board at its regular meeting on October 30, 2018 used the criteria set forth in the City of Lake Helen Land Development Code to review the completed applications and accompanying submittals. Staff requests the City Commission execute the attached Certificate of Appropriateness for each application. All parties shall be given the opportunity to present evidence through documents, exhibits, testimony, or other means. All parties shall be given the opportunity to rebut evidence through cross-examination or other means. The applicants will be responsible for recording the executed Certificate of Appropriateness with the Volusia County Clerk of Court. Item 4a (1): Certificate of Appropriateness for New Single-Family Residence at 391 W Delaware Ave Item 4a (2): Certificate of Appropriateness for New Single-Family Residence (Model Home) at 391 W Main Street ITEM 4b: QUASI-JUDICAL Special Exception for Model Home Request the Commission conduct a quasi-judicial hearing for an application for Special Exception for Model Home on lot 5 in the Woods of Lake Helen (391 W. Main Street) for Vintage Estate Homes. ITEM 4c: LEGISLATIVE Second and Final Reading of Ordinance Annexation for I-4 Automall Consideration of Annexation for I-4 Automall LLC. The Planning and Land Development Regulation Commission reviewed this at their regular meeting on August 27, 2018 and recommended approval. The first reading of Ordinance was approved by the City Commission on September 13, 2018.

2 City of Lake Helen City Commission Agenda ITEM 4d: LEGISLATIVE Second and Final Reading of Ordinance Future Land Use Amendment for I-4 Automall Consideration of Future Land Use Amendment for I-4 Automall. The City Commission approved the first reading on January 25, ITEM 4e: QUASI-JUDICAL Second and Final Reading of Ordinance Rezoning for I-4 Automall Consideration of Rezoning for I-4 Automall LLC. The Planning and Land Development Regulation Commission reviewed this at their regular meeting on August 27, 2018 and recommended approval. The first reading of Ordinance was approved by the City Commission on September 13, ITEM 5: Item 6: Item 6a: Item 6b Item 6c: Consideration of Resolution Commission Compensation Request the Commission adopt Resolution readjusting compensation for the City Commission. Monthly Reports: Events Coordinator Finance Manager Police Chief & Code Compliance Item 7: Commission Discussion / Reports Item 7a: Commissioner Tom Wilson, Zone 1 Item 7b: Vice Mayor Vernon Burton, Zone 2 Item 7c: Commissioner Mike Woods, Zone 3 Item 6d: Item 6e: City Attorney Interim City Administrator Item 7d: Commissioner Jim Connell, Zone 4 Item 7e: Mayor Daisy Raisler ITEM 8: Consent Agenda The action proposed is stated for each item on the Consent Agenda. Unless a City Commissioner removes an item from the Consent Agenda, no discussion on individual items will occur and a single motion will approve all items. The Mayor will ask if there is anyone in the audience who wishes to speak on any item on the Consent Agenda. Item 8a: Approval of Board Meeting Minutes: Request the Commission approve the minutes from the following Meetings: 1) October 11, 2018 Regular Meeting 2) October 25, 2018 Workshop Item 8b: Acceptance of Bills paid through October 31, 2018 Request the Commission accept the bills paid report through October 31, ITEM 9: Consideration of Annexation and Utility Agreement with the City of DeLand Request the Commission approve the proposed Annexation and Utility Agreement with the City of DeLand and provide recommendation to the City Commission. ITEM 10: Closing Remarks / Adjournment NOTICE: In accordance with Section , Florida Statutes, any person desirous of appealing any decision reached at this meeting may need a record of the proceedings. Such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The public is encouraged to speak on issues on this Agenda that concern them. Anyone who wishes to speak should submit the request to the City Clerk prior to the beginning of the meeting. These forms are available at the front table or through the City Clerk for your convenience. In accordance with the Americans with Disabilities Act and Section , Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office at (384) , no later than one business day before the meeting. City Commission Agenda: November 8, 2018 Page 2 of 2

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4 City of Lake Helen Volusia County, Florida _ Proclamation Monarch City November 2018 WHEREAS, the monarch butterfly is an iconic North American species whose multigenerational migration and metamorphosis from caterpillar to butterfly has captured the imagination of millions of Americans, young and old; and WHEREAS, over the past 20 years, there has been a 76% decline in the California overwintering population of Western monarchs which is comparable to the decline seen in the Eastern monarch population that overwinters in Mexico; and WHEREAS, cities, towns and counties have a critical role to play to help save the monarch butterfly, and the city of lake Helen has declared an interest in being a Monarch City to be designated by Monarch City USA, a nonprofit organization dedicated to helping the monarch butterfly recover city by city; and WHEREAS, every citizen of Lake Helen can make a difference for the monarch by planting native milkweed and nectar plants to provide habitat for the monarch and pollinators in locations where people live, work, learn, play, and worship; and WHEREAS, the citizens of Lake Helen embody the important message carried by the spirit of the butterfly which is the ability to go through important changes with grace and lightness. WHEREAS, on behalf of the people of Lake Helen who have already created healthy habitats for these magnificent butterflies, it is my hope that other cities across our great nation will also help to ensure that the monarch butterfly will once again flourish across the continent. NOW, THEREFORE, I, Daisy Raisler, Mayor of the City of Lake Helen, do hereby proclaim that The City of Lake Helen is a Monarch City. PROCLAIMED this 8 th day of November IN TESTIMONY WHEREOF, we have hereunto set our hand and caused to be affixed the Great Seal of the City of Lake Helen in the State of Florida this 8 th day of November Daisy Raisler, Mayor Commissioner Tom Wilson Vice Mayor Vernon J. Burton Commissioner Michael Woods Commissioner James C. Connell III

5 City of Lake Helen Agenda Memorandum Ordinance Second and Final Reading for Comprehensive Plan Amendment Meeting Date: November 8, 2018 Subject: Ordinance Second and Final Reading for Comprehensive Plan Amendment Synopsis: Following a voluntary annexation into the City of Lake Helen, a change to the City s Comprehensive Plan is required. The Future Land Use Element and Map will be revised to include the newly annexed land. The first reading of Ordinance occurred on January 25, The proposed comprehensive plan amendment must be complete within six months of first reading. Due to delays with the settlement agreement with the City of DeLand, we requested an extension. On August 14, 2018, the city sent a letter requesting extension of our Proposed Comprehensive Plan Amendment {Amendment No 18 1ESR). We informed the Department of Economic opportunity that City Staff, the City Commission, the local Planning Board and our neighboring city {the City of DeLand) were diligently working on a settlement agreement and a joint planning agreement for the project. On August 15, 2018, Mr. D. Ray Eubanks acknowledged receipt of the extension notification and extended the adoption date to on or before December 31, In October, the City submitted a revised application for the proposed Comprehensive Plan Amendment to the Volusia Growth Management Commission and no objections were received. TITLE OF ORDINANCE : AN ORDINANCE OF THE CITY OF LAKE HELEN, FLORIDA, AMENDING THE OFFICIAL LAND USE AND LAND USE MAP OF THE COMPREHENSIVE PLAN FOR APPROXIMATELY +/ ACRES OF RECENTLY ANNEXED PROPERTY INLCING ALL OF LOTS 2, 3, 4, 12, 13, 14, 15, 16, 17 AND A PORTION OF LOTS 5, 6, 10, 11, 18, 19, 20 & 21, ASSESSOR'S SUBDIVISION OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 30 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN MAP BOOK 20, PAGE 52 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND A PORTION OF LOTS 7 AND 8, BLOCK 76, AND A PORTION OF BLOCK 77, TOWN OF LAKE HELEN, AS RECORDED IN MAP BOOK 2, PAGE 93 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, SAID LANDS LYING NORTH OF ORANGE CAMP ROAD AND WEST OF INTERSTATE 4 (SR400) FROM COUNTY DESIGNATION OF RURAL (R) AND COMMERCIAL (COM) TO CITY S DESIGNATION OF EMPLOYMENT CENTER (EC); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. Suggested Motion: MOTION to approve the Second and Final Reading of Ordinance for Comprehensive Plan Amendment. Attachment(s): Ordinance Comprehensive Plan Amendment

6 City of Lake Helen Agenda Memorandum QUASI-JUDICAL CERTIFICATE OF APPRORIATENESS Meeting Date: November 8, Prepared by Ariel Faith Historic Design Review Consultant HISTORIC DESIGN REVIEW REPORT CERTIFICATE OF APPRORIATENESS: Upon reviewing the following Applications for Certificate of Appropriateness and using the criteria set forth in the City of Lake Helen Land Development Code to review the completed applications. CERTIFICATE OF APPRORIATENESS: New Single-Family Residence at 391 W Main Street Lot 5 - Vintage Estate Model Home After discussion at the October 30, 2018 with Staff, Tim Dirkin (Applicant), and Historic Preservation Board: STYLE IN APPLICATION BUNGALOW IDENTIFYING FEATURES APPROPRIATE IDENTIFYING FEATURES APPROPRIATE Lot Placement YES Materials Walls Siding Roof - Asphalt shingle YES YES Massing and Composition YES Window and Doors YES Eave Details YES Garage Location YES I recommend that the City Commission approve the Certificate of Appropriateness for the New Single-Family Residence at 391 W Main Street. The Historic Board requested the following modifications: 1. Increase the exterior door trim at the front entry doorway to be 1x6 or 1x8 in size in relationship to the 1x4 shown on the front elevation. Reflecting a more appropriate size trim to the style. Either is appropriate to the Style. See Preliminary Historic Design Review Dated for a more detailed review in the HPB agenda packet. CERTIFICATE OF APPRORIATENESS: New Single-Family Residence at 391 W Delaware Avenue - Chinelli After discussion at the October 30, 2018 with Staff, Mike Chinelli (Applicant) and Historic Preservation Board: STYLE IN APPLICATION MEDITERRANEAN REVIVAL IDENTIFYING FEATURES APPROPRIATE IDENTIFYING FEATURES APPROPRIATE Lot Placement YES Materials Walls Stucco YES w/ Spanish tile style roofing Massing and Composition Home uses Large complicated roof massing Acceptable not best for style Window and Doors Style Window and Doors Trim Eave Details YES Garage Location in main body of home Acceptable not best for style I recommend that the City Commission approve the Certificate of Appropriateness for the New Single-Family Residence at 391 W Delaware Avenue. The Historic Board requested the following modifications: and I concur. 1. The roof material needs to be appropriate, a Spanish Tile, barrel, or terracotta style roof. 2. The front porch Colonnade change from a segmented arch to a full arch and modify the columns to the full arch. 3. Changes to the porch windows from segmented to half round to match the arches. 4. Modifications to the side porch, to be a timber look Porch with trabeated beam typical to the style. 5. Left elevation horizontal windows to be become square and equally spaced. Other Items mentioned ***Window exterior Trim detail needs to be consistent throughout the Building - LDC Applicant to provide revised non-colored Elevations to verify compliance to changes before building permit approval. See Preliminary Historic design review Dated for a more detailed review in the HPB agenda packet. Ariel Faith (Signed Digitally) Date: 1 November 2018 SUGGESTED MOTION: Motion to approve the Certificate of Appropriateness for 391 W Main Street and 391 W Delaware Avenue as recommended by the historic preservation board and depicted in the attached drawings with modifications not shown. YES ***

7 COA Review by Ariel Faith, Historic Design Review Consultant ELEVATIONS: New Single-Family Residence at 391 W Main Street Lot 5 - Vintage Estate Model Home Modifications are NOT shown. Main Street Front Elevation Garden Street Rear Elevation - Flipped Side Elevation Volusia Ave Street Elevation - Flipped

8 COA Review by Ariel Faith, Historic Design Review Consultant ELEVATIONS: New Single-Family Residence at 391 W Delaware Avenue - Chinelli Modifications are NOT shown. Applicant will provide revised non-colored Elevations to verify compliance to changes before building permit approval. Delaware Ave Front Elevation - Porch to be Modified Rear Elevation Side Elevation At Bump out window to be square not horizontal Volusia Ave Side Elevation Porch to be modified window to be square not horizontal and equally spaced

9 Meeting Date: November 8, 2018 City of Lake Helen Agenda Memorandum QUASI-JUDICAL: Special Exception for Model Home on lot 5 in the Woods of Lake Helen (391 W. Main Street) Subject: QUASI-JUDICAL: Special Exception for Model Home. Request the Commission conduct a quasi judicial hearing for an application for Special Exception for Model Home on lot 5 in the Woods of Lake Helen (391 W. Main Street) Synopsis: Vintage Estate Homes has purchased the DR Horton lots within the Woods of Lake Helen subdivision. They have requested a special exception for a model home on lot 5 in the Woods of Lake Helen (391 W. Main Street). The Planning Board recommended the City Commission grant the Special Exception for Model Home on lot 5 in the Woods of Lake Helen (391 W. Michigan Avenue) with the following conditions: Time frame of 36 months, Limit hours of operation to 10am 5pm Monday Saturday and Sunday 12pm 5pm, appearance not be of a typical model home (no garage sales office), no additional parking, and pending approval of the Historic Preservation Board. The Historic Preservation Board recommended approval of the Certificate of Appropriateness for the model home at their regular meeting on Tuesday, October 30, City of Lake Helen Land Development Code: : SFR-3 Zoning Special Exceptions. (SFR 3 Zoning) 1. Bed and Breakfast Inn within Historic District (see Article 5 and Historic District Map) 2. Child Care Facilities 3. Adult Care Facilities/ Extended Care Facilities 4. Licensed Community Residential Facilities with more than seven (7) residents 5. Group homes, and foster Care Facilities with more than six (6) residents 6. Model homes Recommendation(s): Approve as recommended by the Planning and Land Development Regulation Commission. Suggested Motion(s): 1. Motion to grant the Special Exception for Model Home on lot 5 in the Woods of Lake Helen (391 W. Main Street). 2. Motion to grant the Special Exception for Model Home lot 5 in the Woods of Lake Helen (391 W. Main Street). with the following changes: list changes 3. Motion to not grant the Special Exception for Model Home on lot 5 in the Woods of Lake Helen (391 W. Main Street) for the following reasons: state reasons Attachment(s): Development Order Elevations of the model home are attached to Item 4a in the agenda packet

10 Return to: Becky Witte, Interim City Administrator City Hall Post Office Box 39 Lake Helen, Florida Tax Parcel Identification Number(s): Address: 391 W Main Street, Lake Helen, Volusia County, Florida CITY OF LAKE HELEN DEVELOPMENT ORDER On November 8, 2018 the City of Lake Helen issued this Development Order relating to and touching and concerning the following described property: FINDINGS OF FACT: Property Owner: Vintage Estate Homes Project Location: 391 W Main Street Requested Approval: Single Family Residence Tax Parcel Number(s): The Development Order sought is consistent with the City of Lake Helen Comprehensive Plan and development of the property will be subject to and consistent with and in compliance to applicable land development regulations and all other applicable regulations and ordinances as set forth in the Code of Ordinances of the City of Lake Helen. The Owner of the property has expressly agreed to be bound by and subject to the Development conditions and commitments stated below and has covenanted and agreed to comply with the conditions set forth in Paragraph (C). Issuance of a certificate of occupancy/final permit inspection shall be contingent on the complete compliance with and satisfaction of all term and conditions of this Development Order and other applicable laws and regulations. PLANNING AND LAND DEVELOPMENT REGULATION COMMISSION The Planning and Land Development Regulation Commission of the City of Lake Helen on 22 nd day of October 2018 reviewed the application for Certificate of Appropriateness for Vintage Estate Homes located at 391 W Main Street, Lake Helen. Based on the evidence presented, the Planning and Land Development Regulation Commission hereby made the following finding: Recommended by the Planning and Land Development Regulation Commission to the City Commission, on the date set forth below, that the request is: Recommended for Approval. _X_ Recommended for Approval with the following conditions: Time frame of 36 months Hours of operation to 10am 5pm Monday Saturday and Sunday 12pm 5pm Appearance not be of a typical model home (no garage sales office) No additional parking On lot 5 pending recommendation of the Historic Preservation Board (recommendation from HPB on October 30, 2018) Recommended for Denial for the following reason(s): Planning and Land Development Regulation Commission Chairman: Chairman Joe Hammett Date

11 CITY COMMISSION The City Commission of the City of Lake Helen conducted a public hearing on 8 th day of November 2018 for the application for Certificate of Appropriateness for Vintage Estate Homes located at 391 W Main Street, Lake Helen. Based on the evidence presented, the City Commission hereby made the following finding: Done and Ordered by the City of Lake Helen City Commission, on the date set forth below, that the request is hereby: Approved. Approved with the following conditions: As recommended by the Planning and Land Development Commission Denied for the following reason(s): ORDER NOW, THEREFORE, IT IS ORDERED AND AGREED THAT: (A) The aforementioned application Certificate of Appropriateness is GRANTED. (B) All development of the property shall fully comply with all of the codes and ordinances in effect in the City of Lake Helen at the time of issuance of applicable permits. (C) The conditions upon this development approval and the commitments made as to this development approval, which have been accepted by and agreed to by the Owner of the property. (D) This Development Order shall be a covenant running with the land and shall be binding on all future owners and assigns. (E) This Development Order shall be valid for a period of one (1) year from its date of approval. Should the Owner not be able to initiate and proceed with development actively, and in good faith, within the one (1) year period, the Owner shall be able to submit a written request for an extension of the time period of the Development Order. Such extension request, which shall include the reason(s) the extension is required, shall be made to the City Administrator at least thirty (30) days prior to the expiration date of the Development Order. The City Commission shall review and act upon the request. Should the City Commission approve the request, the expiration date for the Development Order shall be extended for a period not to exceed six (6) months. No more than two requests for extension of the expiration date of the Development Order shall be granted. (F) The terms and provisions of this Development Order are not severable and in the event any portion of this Development Order shall be found to be invalid or illegal then the entire Development Order shall be null and void. Owner: Signature Vintage Estate Homes ACKNOWLEDGEMENT STATE OF FLORIDA, COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of, by who is personally known to me or who has produced as identification. NOTARY SEAL Notary Public State of Florida APPROVAL BY THE CITY OF LAKE HELEN APPROVED BY the City Commission of the City of Lake Helen, Florida this 8 th day of November 2018 at its Regular Meeting duly assembled. ATTEST: Becky Witte, Interim City Administrator CITY OF LAKE HELEN, FLORIDA Daisy Raisler, Mayor Approved as to form and legality: Scott E. Simpson, PA, City Attorney

12 Public Hearing Annexation for I-4 AutoMall Meeting Date: November 8, 2018 Subject: Annexation for I 4 Automall Synopsis: The applicant (I 4 Automall LLC) is requesting voluntary annexation into the City of Lake Helen, per Florida Statute The Planning and Land Development Regulation Commission reviewed this at their regular meeting on August 27, 2018 and recommended approval. The first reading of Ordinance was approved by the City Commission on September 13, TITLE OF ORDINANCE : ANNEXATION AN ORDINANCE OF THE CITY OF LAKE HELEN, FLORIDA, ANNEXING BY VOLUNTARY PETITION PROPERTY LOCATED CONTIGUOUS TO THE CITY OF LAKE HELEN IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION , FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF LAKE HELEN TO INCLUDE SAID PROPERTY; PROVIDING FOR FINDINGS; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF ADMINISTRATIVE OFFICER OF VOLUSIA COUNTY AND WITH THE DEPARTMENT OF STATE; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AND THE TAKING OF ADMINISTRATIVE ACTIONS AND PROVIDING FOR AN EFFECTIVE DATE. Suggested Motion(s): Motion to approve the Second and Final Reading of Ordinance Annexation for I 4 Automall Attachment(s): Ordinance for Annexation

13 ORDINANCE Annexation AN ORDINANCE OF THE CITY OF LAKE HELEN, FLORIDA, ANNEXING BY VOLUNTARY PETITION PROPERTY LOCATED CONTIGUOUS TO THE CITY OF LAKE HELEN IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION , FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF LAKE HELEN TO INCLUDE SAID PROPERTY; PROVIDING FOR FINDINGS; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF ADMINISTRATIVE OFFICER OF VOLUSIA COUNTY AND WITH THE DEPARTMENT OF STATE; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AND THE TAKING OF ADMINISTRATIVE ACTIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant has requested annexation of the following property into the City of Lake Helen, which applicant is hereby determined to be the fee simple title owner of the real property described as follows: All of lots 2, 3, 4, 12, 13, 14, 15, 16, 17 and a portion of lots 5, 6, 10, 11, 18, 19, 20 & 21, Assessor's Subdivision of the South 1/2 of the Southwest 1/4 of Section 25, Township 17 South, Range 30 East, according to the plat thereof as recorded in Plat Book 20, page 52 of the Public Records of Volusia County, Florida, being more particularly described as follows: Commence at the Southwest corner of said Section 25; thence N89 51'01 E along the South line of the Southwest 1/4 of the Southwest 1/4 of said Section 25, a distance of feet to a point on the southerly projection of the West Right of Way line of Interstate 4 frontage road (per fdot map project no. P ); thence N01 01'36 W along said southerly projection a distance of feet; thence departing said West line run N89 24'03"E, a distance of feet to a point on the East Right of Way line of said Interstate 4 frontage road; thence run along said East Right of Way line the following six (6) courses and distances: thence N00 48'18"W, a distance of feet to the point of curvature of a curve concave southeasterly, having a radius of feet, a central angle of 38 52'16", a chord bearing of N18 37'50"E and a chord distance of feet; thence northeasterly along the arc of said curve a distance of feet to the end of said curve; thence S49 24'41"E, a distance of feet; thence N40 35'19"E, a distance of feet to the Point of Beginning; thence N49 24'41"W along said Right of Way, a distance of feet; thence N40 35'19"E, a distance of feet to a point on the North line of the South 1/2 Southwest 1/4 of said Section 25; thence departing the aforesaid East right of way line run S89 56'16"E along said North line, a distance of feet to a point on the West line of the East 300 feet of Lot 5 of the aforementioned Assessor's Subdivision of the South 1/2 of the Southwest 1/4 of Section 25, Township 17 South, Range 30 East; thence S00 56'13"E along said West line, a distance of feet to a point on the South line of an unimproved platted road (per map book 20, page 52); thence S71 53'57"E along said South line, a distance of feet to a point on the East line of the South 1/2 of the Southwest 1/4 of said Section 25; thence S00 58'11"E along said East line, a distance of feet to a point on the westerly limited access Right of Way line of Interstate 4 (variable limited access right of way width per fdot map f.a.p. no ); thence departing said East line S15 45'34"W along said westerly limited access Right of Way line, a distance of feet to a point on the North limited access Right of Way line of Orange Camp Road (variable right way width per fdot map f.p. no ); thence run along said North right of way the following two (2) courses and distances: thence N89 08'06W", a distance of feet; thence S89 39'54"W, a distance of feet to the end of said limited access Right of Way line at the East Right of Way of Stewart road; thence S89 39'54"W, a distance of feet to a point on the West Right of Way of Stewart road and continuation of said limited access Right of Way line; thence run S89 40'07"W, along said limited access Right of Way line, a distance of feet; thence run along a line 70 feet West of and parallel with said West Right of Way line of Stewart road, N01 00'04"W, a distance of feet to a point on the South line of Lot 5 of said Assessor's Subdivision; thence run S89 57'23"W along said South line a distance of feet to a point on the East line of the Southwest 1/4 of the Southwest 1/4 of said Section 25; thence run N34 15'57"W, a distance of feet to the Point of Beginning. Ordinance Annexation I-4 Automall

14 Containing: 1,421,537 Square Feet or Acres more or less. WHEREAS, the said applicants petitioned the City of Lake Helen, pursuant to Section , Florida Statutes, for annexation of said property into the municipal limits of the City of Lake Helen; and WHEREAS, the Planning and Land Development Regulation Commission (PLDRC) has reviewed and subsequently recommended approval of the annexation of said property to the City Commission of the City of Lake Helen and has accomplished all actions required of it under the Code of Ordinances of the City of Lake Helen; and WHEREAS, the City Commission has determined that the property which is proposed to be annexed into the City of Lake Helen is within an unincorporated area of Volusia County, is reasonably compact and contiguous to the corporate areas of the City of Lake Helen, Florida and it is further determined that the annexation of said property will not result in the creation of any enclave, and it is further determined that the property otherwise fully complies with the requirements of State law; and WHEREAS, the City Commission has determined that the property which is proposed to be annexed lies with the DeLand Water and Wastewater Service Area, and that the City of DeLand provided the applicant written acknowledgement of DeLand s capacity to and intent to provide the property with water, sewer and reclaimed water services; and WHEREAS, the City Commission has determined that the City of DeLand has the right of first refusal to provide, and has agreed to provide water, wastewater and reclaimed water utility services to the property, which would be consistent with the Lake Helen Comprehensive Plan, and is consistent with the prior written agreement of the City of DeLand and City of Lake Helen requiring the City of DeLand to provide water and wastewater utility service to property west of Interstate 4 lying within the City of Lake Helen municipal boundary north of the property to be annexed, as agreed in the Victoria Park Development Order; and WHEREAS, the City Commission of the City of Lake Helen, Florida has taken all actions in accordance with the requirements and procedures mandated by State law; and WHEREAS, the City Commission of the City of Lake Helen, Florida hereby determines that it is to the advantage of the City of Lake Helen and in the best interests of the citizens of the City of Lake Helen to annex the aforedescribed property; and WHEREAS, the map attached hereto as Exhibit A shows, describes and depicts the property which is hereby annexed into the City of Lake Helen. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Lake Helen, Florida, as follows: SECTION I: The recitals set forth above in the whereas clauses are hereby adopted as legislative findings of the City Commission of the City of Lake Helen. The property consists of the following parcels or portions of parcels of land assigned Tax Parcel Identification Parcel Numbers set forth below and being more fully described above, said property being situated in Volusia County, Florida, and said property be and the same is hereby annexed into and is hereby made a part of the City of Lake Helen, Florida pursuant to the voluntary annexation provisions of Section , Florida Statutes: (a portion), , , , , , , , , , { : RDOAN/RDOAN : DOCX; 1} 2

15 , , , , , SECTION II: That within seven (7) days of the adoption of this Ordinance, the City Clerk shall file a copy of said Ordinance with the Clerk of the Court (Land Records/Recording), with the Chief Administrative Officer of Volusia County (the County Manager) and with the Florida Department of State. SECTION III: That all ordinances that are in conflict with this Ordinance are hereby repealed. SECTION IV: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court, such portion or application shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions or applications hereof. SECTION V: The provisions of this Ordinance shall not be codified, but the annexed property shall be incorporated and included in all appropriate maps of the City Limits of the City of Lake Helen by the City Administrator and the City Administrator is hereby directed to take any and all appropriate actions relative to land use planning pertaining to the property annexed pursuant to this Ordinance. SECTION VI: This Ordinance shall become effective upon its adoption. THIS ORDINANCE DULY PASSED AND ADOPTED on the second and final reading this th day of, A.D., 2018, by the City Commission of the City of Lake Helen, Florida, at its Regular Meeting duly assembled. CITY OF LAKE HELEN, FLORIDA ATTEST: Jason Yarborough, ICMA-CM, City Administrator Daisy Raisler, Mayor APPROVED AS TO FORM AND LEGALITY: Scott E. Simpson, City Attorney { : RDOAN/RDOAN : DOCX; 1} 3

16 EXHIBIT "A" -1 II I II I SURVEY NOTES: 1. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 27 EAST, AS BEING N89"51 '01 ne. i 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR :i RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, ADJOINERS OR OTHER INSTRUMENTS OF RECORD. THIS SKETCH MEETS THE APPLICABLE nstandards OF PRACTICC AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN RULE 5J , FLORIDA ADMINISTRATIVE CODE. VICINITY MAP NOTTO SCALE WILLIAM D. DONLEY PROFESSIONAL SURVEYOR&: MA PER LICENSE NUMBER /02/18 DATE NOT VALID WITHOUT THE SIGNA TUR AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY. SHEET 1 OF.3 (SE SHEET 3 FOR SKETCH OF DESCRIPnON) SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. SKETCH OF DESCRIPTION -OF- ANNEXATION PARCEL CITY OF LAKE HELEN 1:, "'b :;t DeW'berry 131 WEST KALEY STREET ORLANDO, FLORIDA S Cn0N 25, TOWNSHIP 17 SOUTH, RANGE: 30 AST PHONE: FAX: PREPARED FOR: 14 AUTOMALL, LLC. DATE: 12/04/17 PROJ: CERTIFICATE OF AUTHORIZATION NO. LB 8011 REV DATE:08/02/18 DRAWN BY: GU.I VOLUSIA COUNTY FLORIDA SCALE 1 = N/A CHECKED BY: TAT

17 131 WEST KALEY STREET ORLANDO, FLORIDA PHONE: FAX: CERTIFICATEOF AUTHORIZATIONNO. LB 8011

18 131 WEST KALEY STREET ORLANDO, FLORIDA PHONE: FAX: CERTIFICATEOF AUTHORIZATIONNO. LB 8011

19 City of Lake Helen Agenda Memorandum Ordinance Second and Final Reading for Comprehensive Plan Amendment Meeting Date: November 8, 2018 Subject: Ordinance Second and Final Reading for Comprehensive Plan Amendment Synopsis: Following a voluntary annexation into the City of Lake Helen, a change to the City s Comprehensive Plan is required. The Future Land Use Element and Map will be revised to include the newly annexed land. The first reading of Ordinance occurred on January 25, The proposed comprehensive plan amendment must be complete within six months of first reading. Due to delays with the settlement agreement with the City of DeLand, we requested an extension. On August 14, 2018, the city sent a letter requesting extension of our Proposed Comprehensive Plan Amendment {Amendment No 18 1ESR). We informed the Department of Economic opportunity that City Staff, the City Commission, the local Planning Board and our neighboring city {the City of DeLand) were diligently working on a settlement agreement and a joint planning agreement for the project. On August 15, 2018, Mr. D. Ray Eubanks acknowledged receipt of the extension notification and extended the adoption date to on or before December 31, In October, the City submitted a revised application for the proposed Comprehensive Plan Amendment to the Volusia Growth Management Commission and no objections were received. TITLE OF ORDINANCE : AN ORDINANCE OF THE CITY OF LAKE HELEN, FLORIDA, AMENDING THE OFFICIAL LAND USE AND LAND USE MAP OF THE COMPREHENSIVE PLAN FOR APPROXIMATELY +/ ACRES OF RECENTLY ANNEXED PROPERTY INLCING ALL OF LOTS 2, 3, 4, 12, 13, 14, 15, 16, 17 AND A PORTION OF LOTS 5, 6, 10, 11, 18, 19, 20 & 21, ASSESSOR'S SUBDIVISION OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 30 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN MAP BOOK 20, PAGE 52 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND A PORTION OF LOTS 7 AND 8, BLOCK 76, AND A PORTION OF BLOCK 77, TOWN OF LAKE HELEN, AS RECORDED IN MAP BOOK 2, PAGE 93 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, SAID LANDS LYING NORTH OF ORANGE CAMP ROAD AND WEST OF INTERSTATE 4 (SR400) FROM COUNTY DESIGNATION OF RURAL (R) AND COMMERCIAL (COM) TO CITY S DESIGNATION OF EMPLOYMENT CENTER (EC); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. Suggested Motion: MOTION to approve the Second and Final Reading of Ordinance for Comprehensive Plan Amendment. Attachment(s): Ordinance Comprehensive Plan Amendment Letter from Ray Eubanks / City of Lake Helen Extension

20 CITY OF LAKE HELEN ORDINANCE AN ORDINANCE OF THE CITY OF LAKE HELEN, FLORIDA, AMENDING THE OFFICIAL LAND USE AND LAND USE MAP OF THE COMPREHENSIVE PLAN FOR APPROXIMATELY +/ ACRES OF RECENTLY ANNEXED PROPERTY INLCING ALL OF LOTS 2, 3, 4, 12, 13, 14, 15, 16, 17 AND A PORTION OF LOTS 5, 6, 10, 11, 18, 19, 20 & 21, ASSESSOR'S SUBDIVISION OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 30 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN MAP BOOK 20, PAGE 52 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND A PORTION OF LOTS 7 AND 8, BLOCK 76, AND A PORTION OF BLOCK 77, TOWN OF LAKE HELEN, AS RECORDED IN MAP BOOK 2, PAGE 93 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, SAID LANDS LYING NORTH OF ORANGE CAMP ROAD AND WEST OF INTERSTATE 4 (SR400) FROM COUNTY DESIGNATION OF RURAL (R) AND COMMERCIAL (COM) TO CITY S DESIGNATION OF EMPLOYMENT CENTER (EC); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Lake Helen has adopted a Comprehensive Plan in accordance with Chapter 163, Part II, Florida Statutes. WHEREAS, the City Commission, as authorized by Section , Florida Statutes, has enacted and does enforce its Land Development Regulations based on, related to and as a means to implement its adopted Comprehensive Plan. WHEREAS, the Planning and Land Development Regulation Commission of the City of Lake Helen has reviewed this proposed amendment and does recommend it be approved. WHEREAS, the City Commission has considered the recommendation of the Planning and Land Development Regulation Commission, comments from the public at advertised public hearings, evidence presented by the applicant and City staff at the advertised public hearing and other pertinent information and has determined that the Lake Helen Land Use and the Land Use Map as contained in the Comprehensive Plan should be amended as herein provided in order to more effectively implement the City s adopted Comprehensive Plan and to provide for the health, safety and general welfare of the citizens of Lake Helen and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LAKE HELEN, FLORIDA: SECTION 1. The above WHEREAS are hereby incorporated as if specifically stated herein.

21 SECTION 2. The Official Land Use and Land Use Map of the City of Lake Helen as contained in its Comprehensive Plan is hereby amended by changing the land use designation of the property shown on attached Exhibit A and described below from county designation of Rural (R) and Commercial (COM) to city designation Employment Center (EC) ALL OF LOTS 2, 3, 4, 12, 13, 14, 15, 16, 17 AND A PORTION OF LOTS 5, 6, 10, 11, 18, 19, 20 & 21, ASSESSOR'S SUBDIVISION OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 30 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN MAP BOOK 20, PAGE 52 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND A PORTION OF LOTS 7 AND 8, BLOCK 76, AND A PORTION OF BLOCK 77, TOWN OF LAKE HELEN, AS RECORDED IN MAP BOOK 2, PAGE 93 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 25; THENCE N89 51'01"E ALONG THE SOUTH LINE OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 25, A DISTANCE OF FEET TO A POINT ON THE SOUTHERLY PROJECTION OF THE WEST RIGHT OF WAY LINE OF INTERSTATE 4 FRONTAGE ROAD (PER FOOT MAP PROJECT NO. P ); THENCE N01 01'36"W ALONG SAID SOUTHERLY PROJECTION A DISTANCE OF FEET, THENCE DEPARTING SAID WEST LINE RUN N89 24'03, A DISTANCE OF FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID INTERSTATE 4 FRONTAGE ROAD; THENCE RUN ALONG SAID EAST RIGHT OF WAY LINE THE FOLLOWING SIX (6) COURSES AND DISTANCES: THENCE N00 48'18 W, A DISTANCE OF FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF 38 52'16, A CHORD BEARING OF N18 37'50"E AND A CHORD DISTANCE OF FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET TO THE END OF SAID CURVE; THENCE S49 24'41"E, A DISTANCE OF FEET; THENCE N40 35'19"E, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE N49 24'41"W ALONG SAID RIGHT OF WAY, A DISTANCE OF FEET; THENCE N40 35'19"E, A DISTANCE OF FEET TO A POINT ON THE NORTH LINE OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SAID SECTION 25; THENCE DEPARTING THE AFORESAID EAST RIGHT OF WAY LINE RUN S89 56'16"E ALONG SAID NORTH LINE, A DISTANCE OF FEET TO A POINT ON THE WEST LINE OF THE EAST 300 FEET OF LOT 5 OF THE AFOREMENTIONED ASSESSOR'S SUBDIVISION OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 30 EAST, THENCE S00 56'13"E ALONG SAID WEST LINE, A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF AN UN-IMPROVED PLATTED ROAD (PER MAP BOOK 20, PAGE 52); THENCE S71 53'57"E ALONG SAID SOUTH LINE, A DISTANCE OF FEET TO A POINT ON THE EAST LINE OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SAID SECTION 25; THENCE N00 58'11"W ALONG SAID EAST LINE, A DISTANCE OF FEET TO A POINT ON THE NORTH LINE OF THE WEST ½ OF BLOCK 76, TOWN OF LAKE HELEN, MAP BOOK 2, PAGE 93; THENCE S89 27'52"E A DISTANCE OF FEET ALONG SAID NORTH LINE TO A POINT ON THE WESTERLY LIMITED ACCESS RIGHT OF WAY LINE OF INTERSTATE 4 (VARIABLE LIMITED ACCESS RIGHT OF WAY WIDTH PER FOOT MAP F.A.P. NO ); THENCE S15 45'34"W A DISTANCE OF FEET ALONG SAID WESTERLY LIMITED

22 ACCESS RIGHT OF WAY LINE; THENCE CONTINUE S15 45'34"W A DISTANCE OF FEET TO A POINT ON THE NORTH LIMITED ACCESS RIGHT OF WAY LINE OF ORANGE CAMP ROAD (VARIABLE RIGHT WAY WIDTH PER FOOT MAP F.P. NO ); THENCE RUN ALONG SAID NORTH RIGHT OF WAY THE FOLLOWING TWO (2) COURSES AND DISTANCES: THENCE N89 08'06"W, A DISTANCE OF FEET; THENCE S89 39'54"W, A DISTANCE OF FEET TO THE END OF SAID LIMITED ACCESS RIGHT WAY LINE AT THE EAST RIGHT OF WAY OF STEWART ROAD; THENCE S89 39'54"W, A DISTANCE OF FEET TO A POINT ON THE WEST RIGHT OF WAY OF STEWART ROAD AND CONTINUATION OF SAID LIMITED ACCESS RIGHT WAY LINE, THENCE RUN S89 40'07"W, ALONG SAID LIMITED ACCESS RIGHT OF WAY LINE, A DISTANCE OF FEET; THENCE RUN ALONG A LINE 70 FEET WEST OF AND PARALLEL WITH SAID WEST RIGHT OF WAY LINE OF STEWART ROAD, N01 00'04"W, A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF LOT 5 OF SAID ASSESSOR'S SUBDIVISION; THENCE RUN S89 57'23"W ALONG SAID SOUTH LINE A DISTANCE OF FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 25; THENCE RUN N34 15'57"W, A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING: 1,603,182 SQUARE FEET OR ACRES MORE OR LESS. SECTION 3. FUTURE LAND USE TEXT AMENDMENT. Policy commercial land use districts (d) Employment Center/Workplace (EC) - This land use district provides for large volume traffic generating employment center/workplace land uses, and appropriate supporting land uses, that are incorporated into a planned development located on the west side of the I-4 interchange. The maximum floor area ratio of the overall planned development shall be Policy : Density and Intensity Standards. The Future Land Use Map shall designate areas for the uses listed in Table 1-1 and shall not exceed the maximum density and intensity standards contained in the table. LAND USE DESIGNATION PERMITTED RESIDENTIAL DENSITY SPECIAL REQUIREMENTS NON-RESIDENTIAL ALLOWABLE USES AND INTENSITIES Single Family Low Density 3 Units/ACRE 35% Open Space Public facilities/services as set out in Policy Small scale commercial uses may be permitted with PD zoning. Max size 7,500 sf & max FAR 0.20 R1 RR 1 Unit/1.25 ACRE 35% Open Space Public facilities/services as set out in Policy Small scale commercial uses may be permitted with PD zoning. Max size 7,500 sf & max FAR Unit/2.25 ACRE 35% Open Space Public facilities/services as set out in Policy Small scale commercial uses may be permitted with PD

23 zoning. Max size 7,500 sf & max FAR 0.20 R2 2 Units/ACRE 35% Open Space Public facilities/services as set out in Policy Small scale commercial uses may be permitted with PD zoning. Max size 7,500 sf & max FAR 0.20 RM 6 Units/ACRE 35% Open Space Public facilities/services as set out in Policy Small scale commercial uses may be permitted with PD zoning. Max size 7,500 sf & max FAR 0.20 RE 1 Unit/5 ACRES 50% Open Space Limited Small scale commercial uses may be permitted as set out in Policy Residential Mixed Use 4 Units/ACRE 25% Open Space. PD zoning. Minimum & maximum percentages apply to each use category (b) Public facilities/services as set out in Policy Commercial sales/office, educational & civic uses. Max ISR.70. Max FAR.50. Downtown Commercial 8 Units/ACRE 25 % Open Space FAR -.50 ISR -.75 Public facilities/services as set out in Policy Transitional 3 Units/ACRE 35% Open FAR -.30 ISR -.70 Public facilities/services as set out in Policy Office & small scale retail services as set out in Policy (d) Neighborhood 20% Open Space FAR -.30 ISR -.70 Commercial Transitional Commercial Commercial Support Intersections Gateway District Employment Employment Center/Workplace (EC) 4 Units/ACRE 20% Open Space FAR -.35 ISR Units/ACRE if developed as a Mixed Community with PD zoning 20% Open Space FAR -.50 ISR -.70 Commercial limited to 7,500 sf unless developed as a Mixed Community as set out In Policy (h) 40% Open Space FAR -.50 ISR -.60 Higher intensity commercial, office, and light industrial uses if developed as PD FAR -.55 overall PD Developed as PD Public Lands & Institutions 20% Open Space FAR ISR -.50 Educational, religious, public & private utilities, recreation

24 Conservation & Natural Resources facilities, and governmental land uses. Wetlands and/or water bodies that are contained within easements dedicated to a public entity SECTION 4. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Ordinance are declared severable. SECTION 6. EFFECTIVE DATE The effective date of this Ordinance shall be the date the state land planning agency issues a final order determining the Amendment to the 2035 Comprehensive Plan to be in compliance with Chapter 163, Florida Statues, or the date the Division of Administrative Hearings issues a final order determining the Amendment to the 2035 Comprehensive Plan to be in compliance with Chapter 163, Florida Statutes, whichever occurs first. THIS ORDINANCE APPROVED ON SECOND READING this th day of, by the City Commission of the City of Lake Helen, Florida. Mayor Daisy Raisler City of Lake Helen, Florida ATTEST: Approved as to Form: Jason Yarborough, ICMA-CM City Administrator Scott E. Simpson, PA City Attorney First Reading: Zone 1: Commissioner Tom Wilson X (Yes), (No), (Abstained), (Absent) Zone 2: Vice Mayor Vernon Burton X (Yes), (No), (Abstained), (Absent) Zone 3: Commissioner Michael Woods X (Yes), (No), (Abstained), (Absent) Zone 4: Commissioner Jim Connell X (Yes), (No), (Abstained), (Absent)

25 Mayor: Daisy Raisler X (Yes), (No), (Abstained), (Absent) Passed First Reading: January 25, 2018 Second Reading: Zone 1: Commissioner Tom Wilson Zone 2: Vice Mayor Vernon Burton Zone 3: Commissioner Michael Woods Zone 4: Commissioner Jim Connell Mayor: Daisy Raisler (Yes), (No), (Abstained), (Absent) (Yes), (No), (Abstained), (Absent) (Yes), (No), (Abstained), (Absent) (Yes), (No), (Abstained), (Absent) (Yes), (No), (Abstained), (Absent) Passed Second Reading: ATTEST: Jason Yarborough, City Administrator Daisy Raisler, Mayor APPROVED AS TO FORM AND LEGALITY Scott E. Simpson, City Attorney Approval of First Reading and approve the transmittal to the Department of Economic Opportunity for expedited state review and to the Volusia Growth Management Commission. on the 25th day of January, A.D., 2018 City Commission of the City of Lake Helen, Florida, at a Special Meeting duly assembled.

26 Rick Scott GOVERNOR 08~ FLORIDA DEPARTMENT tf ECONOMIC OPPORTUNITY Cissy Proctor EXECUTIVE DIRECTOR August 15, 2018 The Honorable Daisy Raisler, Mayor City of Lake Helen Post Office Box 39 Lake Helen, Florida Dear Mayor Raisler: This letter is in response to the letter dated August 14, 2018, notifying of an extension for the adoption of a proposed amendment DEO 18-1ESR to the City of Lake Helen Comprehensive Plan pursuant to Section (4), Florida Statutes. The Department acknowledges receipt of extension notification. The new extended adoption date is December 31, The Department reminds the City that all citizens who commented on the amendment need to be notified ofthe extension. If the proposed amendment is adopted, please submit the amendments to the Florida Department of Economic Opportunity, Bureau of Community Planning, Plan Processing Team within 10 working days of adoption pursuant to Section (3), Florida Statutes. If you have any questions concerning this matter, please do not hesitate to contact Sherry Spiers at (850) , or myself, at (850) Sincerely, D. Ray Eubanks Plan Processing Administrator DRE/me Florida Department of Economic Opportunity I Caldwell Building I 107 E. Madison Street I Tallahassee, FL I www. twitter.com/fldeo I An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TIY/TTD equipment via the Florida Relay Service at 711.

27 City of ar. Jfefen o/o{usia County, PforUfa Mr. Ray Eubanks, Plan Processing Administrator State Land Planning Agency Caldwell Building 107 E. Madison AUG MSC 160 Tallahassee, FL M ayor Daisy Raisler Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell August 14, 2018 RE: City of Lake Helen Extension for Proposed Comprehensive Plan Amendment (Amendment No 18-1ESR) Dear Mr. Eubanks: Pursuant to Section {4)(e)l., F.S., the City of Lake Helen is sending notification to the Department of Economic Opportunity and any affected party that provided comment on the amendment to inform that the second public hearing of the Proposed Comprehensive Plan Amendment {Amendment No 18-1ESR) will not be held within 180 days of receipt of the Department of Economic Opportunity report {dated March 2, 2018). The City of Lake Helen will be holding the second public hearing as soon as possible. We anticipate before December 31, City Staff, the City Commission, the local Planning Board and our neighboring city {the City of Deland) are diligently working on a settlement agreement and a joint planning agreement for the project. As per the letter received from the Department of Economic Opportunity, the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department of Economic Opportunity and any affected party that provided comment on the amendment. This letter serves as an agreement with notice. Should you have any questions regarding the extension, please contact Jason Yarborough, at {jyarborough@lakehelen.com). Sincerely, P. O. Box 39 lake Helen, Florida Telephone (386) FAX (386)

28 Meeting Date: November 8, 2018 City of Lake Helen Agenda Memorandum Second and Final of Ordinance Master Development Agreement for "I-4 AutoMall" Subject: Second and Final of Ordinance Development Agreement for "I 4 AutoMall" Synopsis: The Planning and Land Development Regulation Commission (PLDRC) reviewed the original Development Agreement at their regular meetings in February and March. At the March 26, 2018 Regular Planning and Land Development Regulation Commission Meeting, the commission recommended the City Commission approve the Master Development Agreement for "I 4 AutoMall". The City Commission of DeLand and Lake Helen entered a Settlement Agreement in September 2018 which modified the Development Agreement. The Planning and Land Development Regulation Commission reviewed this new Development Agreement and Rezoning at their regular meeting on August 27, 2018 and recommended approval. The City Commission approved the first reading of Ordinance on September 13, The City of DeLand is set to approve the second and final reading of the identical Development Agreement/ Rezoning on Monday, November 5, TITLE OF ORDINANCE : AN ORDINANCE OF THE CITY OF LAKE HELEN, FLORIDA, REZONING APPROXIMATELY ACRES OF PROPERTY WITHIN THE CITY LIMITS; SAID LANDS LYING NORTH OF ORANGE CAMP ROAD AND WEST OF INTERSTATE 4 (SR400) FROM COUNTY DESIGNATION OF RURAL AGRICULTURE (A 2), TRANSISTION AGRICULTURE (A 3), HIGHWAY INTERCHANGE COMMERCIAL (B 6) AND CITY EMPLOYMENT CENTER WORKPLACE (ECW) TO CITY S PLANNED DEVELOPMENT COMMERCIAL (PD C); APPROVING A MASTER DEVELOPMENT AGREEMENT FOR THE PROPERTY; PROVIDING FOR CONDITIONS AND CONTINGENCIES; DIRECTING THE CITY ADMINISTRATOR TO AMEND THE ZONING MAP OF THE CITY OF LAKE HELEN; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. Suggested Motion: Motion to approve the Second and Final Ordinance Master Development Agreement for "I 4 AutoMall" Attachment(s): Ordinance Master Development Agreement for "I 4 AutoMall"

29 CITY OF LAKE HELEN ORDINANCE AN ORDINANCE OF THE CITY OF LAKE HELEN, FLORIDA, REZONING APPROXIMATELY ACRES OF PROPERTY WITHIN THE CITY LIMITS; SAID LANDS LYING NORTH OF ORANGE CAMP ROAD AND WEST OF INTERSTATE 4 (SR400) FROM COUNTY DESIGNATION OF RURAL AGRICULTURE (A 2), TRANSISTION AGRICULTURE (A 3), HIGHWAY INTERCHANGE COMMERCIAL (B 6) AND CITY EMPLOYMENT CENTER WORKPLACE (ECW) TO CITY S PLANNED DEVELOPMENT COMMERCIAL (PD C); APPROVING A MASTER DEVELOPMENT AGREEMENT FOR THE PROPERTY; PROVIDING FOR CONDITIONS AND CONTINGENCIES; DIRECTING THE CITY ADMINISTRATOR TO AMEND THE ZONING MAP OF THE CITY OF LAKE HELEN; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a petition has been submitted by Mark A. Watts, Esq. as applicant, on behalf of I 4 Automall, LLC, Owner, National Advertising Company, owner, requesting that approximately acres of real property generally located north of Orange Camp Road and West of I 4 be rezoned from County Rural Agriculture (A 2), Transition Agriculture (A 3), Highway Interchange Commercial (B 6) and City Employment Center Workplace (ECW) to City Planned Development Commercial (PD C); and WHEREAS, the petition bears the signature of all applicable parties; and WHEREAS, the required notice of the proposed rezoning has been properly published; and WHEREAS, the City Commission reviewed said petition, the recommendations of the Planning and Land Development Regulation Commission, staff report and any comments, favorable or unfavorable, from the public and surrounding property owners at a public hearing duly advertised; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LAKE HELEN, FLORIDA: SECTION 1. The above WHEREAS are hereby incorporated as if specifically stated herein. SECTION 2. The Official Zoning Map of the City of Lake Helen is hereby amended by changing the zoning designation of the property shown on attached Exhibit A and described below from various classifications, including, county designation of Rural Agriculture (A 2), Transition Agriculture (A 3), Highway Interchange Commercial (B 6) and City Employment Center Workplace (ECW) to city designation of Planned Development Commercial (PD C). Exhibit A is a Development Agreement is incorporated herein and is an integral part and outlines the terms and conditions of the Planned Development Commercial (PD C). SECTION 3. That the City Administrator, or designee, is hereby directed to amend, alter, and implement the official zoning map of the City of Lake Helen, Florida to include said designation consistent with this Ordinance. SECTION 4. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Ordinance are declared severable. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective upon the adoption by the City Commission and Ordinance Number is approved through the Growth Management review process required by State Law and the Volusia Growth Management Commission. Ordniance Rezoning I 4

30 THIS ORDINANCE DULY PASSED AND ADOPTED on the second and final reading this 8 th day of November, A.D., 2018, by the City Commission of the City of Lake Helen, Florida, at its Regular Meeting duly assembled. Mayor Daisy Raisler City of Lake Helen, Florida ATTEST: Approved as to Form: Becky Witte Interim City Administrator Scott E. Simpson, PA City Attorney First Reading: September 13, 2018 Zone 1: Commissioner Tom Wilson X (Yes), (No), (Abstained), (Absent) Zone 2: Vice Mayor Vernon Burton X (Yes), (No), (Abstained), (Absent) Zone 3: Commissioner Michael Woods X (Yes), (No), (Abstained), (Absent) Zone 4: Commissioner Jim Connell X (Yes), (No), (Abstained), (Absent) Mayor: Daisy Raisler X (Yes), (No), (Abstained), (Absent) Passed First Reading: September 13, 2018 Second Reading: Zone 1: Commissioner Tom Wilson Zone 2: Vice Mayor Vernon Burton Zone 3: Commissioner Michael Woods Zone 4: Commissioner Jim Connell Mayor: Daisy Raisler (Yes), (No), (Abstained), (Absent) (Yes), (No), (Abstained), (Absent) (Yes), (No), (Abstained), (Absent) (Yes), (No), (Abstained), (Absent) (Yes), (No), (Abstained), (Absent) Passed Second Reading: Ordniance Rezoning I 4

31 EXHIBIT A LEGAL DESCRIPTION ALL OF LOTS 2, J, 4, 12, 13, 14, 15, 16, 17 AND A PORTION OF LOTS 5, 6, 10, 11, 18, 19, 20 & 21, ASSESSOR'S SUBDIVISION OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF 77, SECTION 25, TOWNSHIP 17 SOUTH, RANGE 30 EAST, ACCORDING TO THE PLAT THEREOF7 AS RECORDED IN MAP BOOK 20, PAGE 52 OF THE TOWN PUBLIC OF LAKE RECORDS HELEN, OF AS VOLUSIA RECORDED COUNTY, IN MAP FLORIDA, BOOK 2, AND A PAGE 93 PORTION OF THE LOTS PUBLIC AND 8,BLOCK 76, AND A PORTION OF BLOCK 77, TOWN OF LAKE HELEN, AS RECORDED IN MAP BOOK 2, PAGE 93 OR THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 25; THENCE N89"51'01"E ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 25, A DISTANCE OF FEET TO A POINT ON THE SOUTHERLY PROJECTION OF THE WEST RIGHT OF WAY LINE OF INTERSTATE 4 FRONTAGE ROAD (PER FDOT MAP PROJECT NO. P ); THENCE N01V1'36"W ALONG SAID SOUTHERLY PROJECTION A DISTANCE OF FEET, THENCE DEPARTING SAID WEST LINE RUN N89'24'03, A DISTANCE OF FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID INTERSTATE 4 FRONTAGE ROAD; THENCE RUN ALONG SAID EAST RIGHT OF WAY LINE THE FOLLOWING SIX (6) COURSES AND DISTANCES: THENCE N00'48'18 w, A DISTANCE OF FEET TO THE POINT OF CURVA TUR OF A CURVE CONCA VE SOUTHEASTERLY, HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF 38"52'16 A CHORD BEARING OF N18'37'50"E AND A CHORD DISTANCE OF FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF FEET TO THE END OF SAID CURVE; THENCE S49'24'41"E, A DISTANCE OF FEET; THENCE N40'35'19"E, A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE N49'24'41"W ALONG SAID RIGHT OF WAY, A DISTANCE OF FEET; THENCE N40'35'19"E, A DISTANCE OF FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 25; THENCE DEPARTING THE AFORESAID EAST RIGHT OF WAY LINE RUN S89'56'16"E ALONG SAID NORTH LINE, A DISTANCE OF FEET TO A POINT ON THE WEST LINE OF THE EAST 300 FEET OF LOT 5 OF THE AFOREMENTIONED ASSESSOR'S SUBDIVISION OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 30 EAST, THENCE S00"56'13"E ALONG SAID WEST LINE, A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF AN UN IMPROVED PLATTED ROAD (PER MAP BOOK 20, PAGE 52); THENCE S71"53'57"E ALONG SAID SOUTH LINE, A DISTANCE OF FEET TO A POINT ON THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 25; THENCE N00'58'11"W ALONG SAID EAST LINE, A DISTANCE OF FEET TO A POINT ON THE NORTH LINE OF THE WEST 1/2 OF BLOCK 76, TOWN OF LAKE HELEN, MAP BOOK 2, PAGE 93; THENCE S89'27'52"E A DISTANCE OF FEET ALONG SAID NORTH LINE TO A POINT ON THE WESTERLY LIMITED ACCESS RIGHT OF WAY LINE OF INTERSTATE 4 (VARIABLE LIMITED ACCESS RIGHT OF WAY WIDTH PER FOOT MAP F.A.P. NO }; THENCE S15'45'34"W A DISTANCE OF FEET ALONG SAID WESTERLY LIMITED ACCESS RIGHT OF WAY LINE; THENCE CONTINUE S15'45'34"W A DISTANCE OF FEET TO A POINT ON THE NORTH LIMITED ACCESS RIGHT OF WAY LINE OF ORANGE CAMP ROAD (VARIABLE RIGHT WAY WIDTH PER FOOT MAP F.P. NO }; THENCE RUN ALONG SAID NORTH RIGHT OF WAY THE FOLLOWING TWO (2) COURSES AND DISTANCES: THENCE N89V8'06"W, A DISTANCE OF FEET; THENCE S89'39'54"W, A DISTANCE OF FEET TO THE END OF SAID LIMITED ACCESS RIGHT WAY LINE AT THE EAST RIGHT OF WAY OF STEWART ROAD; THENCE S89'39'54"W, A DISTANCE OF FEET TO A POINT ON THE WEST RIGHT OF WAY OF STEWART ROAD AND CONTINUATION OF SAID LIMITED ACCESS RIGHT WAY LINE, THENCE RUN S89'40'07"W, ALONG SAID LIMITED ACCESS RIGHT OF WAY LINE, A DISTANCE OF FEET; THENCE RUN ALONG A LINE 70 FEET WEST OF AND PARALLEL WITH SAID WEST RIGHT OF WAY LINE OF STEWART ROAD, N01V0'04"W, A DISTANCE OF FEET TO A POINT ON THE SOUTH LINE OF LOT 5 OF SAID ASSESSOR'S SUBDIVISION; THENCE RUN S89"57'23"W ALONG SAID SOUTH LINE A DISTANCE OF FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 25; THENCE RUN N34i5'57"W, A DISTANCE OF FEET TO THE POINT OF BEGINNING. CONTAINING: 1,603,182 SQUARE FEET OR ACRES MORE OR LESS. Ordniance Rezoning I 4

32 Please return recorded document to: City of DeLand 120 S Florida Avenue DeLand, FL DEVELOPMENT AGREEMENT Case # A. Development Concept. The property identified on Exhibit A (the LH Property ) is located in the City of Lake Helen and shall be developed as a location for multiple automotive dealerships, customary accessory and support uses. The property identified on Exhibit B (the DeLand Property ) is located in the City of DeLand and shall be developed with traditional highway commercial uses as shown on the Preliminary Plan. Collectively, the project shall be known as the I-4 Automall. It is the intent of the Master Development Plan to provide a framework for the overall development of the property within both Lake Helen and DeLand in a coordinated manner that provides for shared infrastructure between parcels, including stormwater management facilities, utility corridors and vehicular cross access routes serving the I-4 Automall. To the extent not specifically addressed herein, the standards and provisions of the City of Lake Helen Land Development Code ( LDC ) or the City of DeLand Land Development Regulations ( LDRs ) shall govern the development of the Lake Helen Property and the DeLand Property, respectively, and shall be administered exclusively by the city within which the subject property is located. Administration of the applicable LDC, LDRs or the provisions of this Development Agreement shall be the responsibility of the jurisdiction in which the property being developed is located. 1. Master Development Plan. The Master Development Plan shall consist of the Preliminary Plan prepared by HHCP, dated and this Development Agreement (hereinafter Agreement ). The Preliminary Plan is hereby approved and incorporated in this Agreement by reference as Exhibit "C". The Master Development Plan shall be filed and retained { : RDOAN/RDOAN : DOC; 1} Page 1 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

33 for public inspection in the Office of the City Clerk for the City of Lake Helen and the City of DeLand and shall constitute a supplement to the Official Zoning Maps for each city 2. Amendments. All amendments of the Master Development Plan, other than those classified within this Agreement or deemed by the respective city to be minor amendments, in accordance with the provisions of the applicable LDC or LDRs, shall require the review and approval in accordance with the provisions of the respective city s LDC or LDRs in the same manner as a rezoning of the parcel. Since it is the intent that the Lake Helen Property and the DeLand Property be developed in a coordinated manner, each City agrees to provide a minimum of thirty (30) days written notice to the other city of any proposed amendment(s) to the Master Development Plan prior to any hearing at which such amendment(s)will be considered. Nothing herein shall be interpreted as providing either City with jurisdiction outside of the limits of their respective municipal boundaries; however the City of Lake Helen and the City of DeLand shall be included in DRC reviews for portions of the project in each respective jurisdiction. 3. Subdivision Approval. After the Master Development Plan is recorded, applications for a Preliminary Plat and Final Plat of any area to be subdivided shall be submitted for review and approval in the manner required by the applicable provisions of the City of Lake Helen or City of DeLand LDRs, as amended. The Preliminary Plan shall satisfy the requirements for preliminary subdivision plan or concept plan under the respective LDC or LDRs for each city. Nothing herein shall be interpreted to require submittal of a Preliminary Plat and Final Plat prior to the commencement of non-vertical construction, including clearing, landfill and construction activity related to construction of Frontage Road, and any internal connector roads connecting to Frontage Road or Stewart Road, or the commencement of clearing, landfill and other activity related to general site work for preliminary site infrastructure included in an approved final site plan and provided that all such activities have received applicable use permits, St. Johns River Water Management District ( SJRWMD ) permits and any other { : RDOAN/RDOAN : DOC; 1} Page 2 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

34 local, state or federal agency regulations that apply. 4. Final Site Plan Approval. After the Preliminary Plat is approved, and prior to issuance of any permits for construction on a particular development lot, a site plan for the particular development lot shall be prepared and submitted for review and approval in the manner required by the applicable LDC or LDRs, as amended. It is not necessary that a site plan(s) be submitted for every development lot within the Master Development Plan prior to issuance of permits for construction of vertical improvements (building) on a particular lot, as long as a site plan has been submitted for review and approval for the particular development lot upon which issuance of permits is sought. The Preliminary Plan, attached as Exhibit C, meets the minimum submittal requirements of a Concept Plan application in accordance with land development code. Therefore, the Master Development Plan shall be in-lieu of a Concept Plan application for the overall subdivision, and the owner/developer is authorized to proceed with submittal of a Preliminary Plat or Final Site Plan application once this Ordinance has been recorded. Nothing herein shall be interpreted to require submittal of a site plan(s) for particular development lots prior to the commencement of non-vertical construction, including clearing, landfill and construction activity related to construction of Frontage Road, and any internal connector roads connecting to Frontage Road or Stewart Road, or the commencement of clearing, landfill and other activity related to general site work, provided that all such activities have been reviewed and approved by the City and subject to applicable use permits, SJRWMD permits and any other local, state or federal agency regulations that apply. 5. Intergovernmental Coordination. As noted above, the property that is subject to this Agreement is located in both the City of Lake Helen and the City of DeLand. The intent of this Master Development Plan is to provide a framework for the long-term development of the property in coordination with each adjacent municipality. Based on the location of the property with respect to each city the development standards provided herein have been coordinated between the cities in an effort to { : RDOAN/RDOAN : DOC; 1} Page 3 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

35 ensure the project provides an attractive gateway to both Lake Helen and DeLand. B. Unified Ownership. The Applicant or his successors has and shall maintain unified ownership of the subject parcel until after recording of the Final Plat as provided under Section A(3), above, or shall, as a condition of conveyance, retain the right to unilaterally submit an application for Final Plat until such time as the Final Plat is recorded. C. Phases of Development. The development of this planned unit development ( PUD ), as shown on the Preliminary Plan, shall occur in one or more phase(s). Following approval and recording of a Final Plat, the individual lots shall be developed in a coordinated manner that will implement the provisions of this Master Development Plan. D. Land Uses within the PUD. The development of the Property shall be consistent with the uses prescribed for each area within the proposed PUD, and administered solely by the city within which the respective lot(s) lies. The locations and sizes of said land use areas are shown on the Preliminary Plan, Exhibit C, consistent with the Master Development Plan. Permitted uses are outlined by Lot, below as follows: 1. Lot 1: Development on Lot 1 is located entirely within the City of Lake Helen and shall include approximately 400,000 square feet of total conditioned space, including automotive sales and service space and a centralized warehouse distribution center for automotive inventory and parts. The development on Lot 1 is referred to in this Development Agreement as the Automall or I-4 Automall. The developed space is intended to be allocated between up to 11 standardized dealership modules ( Dealership Modules ), as shown on the Preliminary Plan. Each Dealership Module is designed to occupy a footprint of 36,800 square feet. Dealership Modules may be configured as single or double units, provided the total number of modules does not exceed 11. More than one automotive dealership may occupy a Dealership Module, or an automotive dealership may occupy one or more Dealership Modules based on their respective requirements for inventory storage. Each module will { : RDOAN/RDOAN : DOC; 1} Page 4 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

36 provide approximately: 14,000 square feet of interior automotive sales area 17,000 square feet of interior automotive service area (including parts storage) 2,500 square feet of exterior automotive sales display area located in front of each Dealership Module. 36,800 square feet of structured vehicle inventory storage per floor (unconditioned space)* * The floors designed for structured vehicle inventory are designed to accommodate a potential future transition of the Dealership Modules for other uses. Design for the vehicle inventory storage areas shall allow each Dealership Module to transition to office or other uses in the future, subject to applicable limitations such as floor area ratio ( FAR ) or density standards applicable at the time of any future transition. Any redevelopment of the Dealership Modules will be subject to review and approval as an amendment to this Agreement or a new planned unit development. Additionally, a centralized warehouse distribution center of up to 40,000 square feet and a physical plant of up to 6,000 square feet shall also be permitted on Lot 1 in the locations specified on the Preliminary Plan. The distribution center is an accessory use to the dealership modules and shall serve as a central receiving location for all vehicle and parts inventory deliveries for the Automall use on Lot 1 in an enclosed unloading facility as further described herein. Additional vehicle inventory storage may also be included as part of the distribution center. Uses permitted on Lot 1 shall be limited to: Automobile sales or accessory rental operations and service thereof, when said service is performed as an accessory use to the principal use of sales or rental. Automotive sales operations shall be limited to advertised regular business hours of 7 am 10 pm. Automotive service operations shall be limited to the hours of 7 am 10 pm for the general public. Automotive service for fleet vehicles may be performed at other times, provided they occur in an enclosed service area to minimize noise. Overnight delivery of parts and automotive inventory from the distribution center to individual dealership modules shall { : RDOAN/RDOAN : DOC; 1} Page 5 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

37 be conducted in a manner to minimize noise and comply with the City of Lake Helen noise ordinance. Accessory retail sales and services Communication equipment mounted on buildings (no towers are permitted) Educational or vocational training Automotive sales or service establishments Outdoor advertising signs, including electronic billboards 2. Lots 2-4 Highway Commercial Development on Lots 2-4 is located entirely in DeLand and shall be limited to a maximum of 48,500 total square feet of restaurant and retail uses, plus up to 120 hotel rooms if they are not developed on Lot 5. Permitted uses shall include: Car washes Convenience store (not exceeding 6,000 square feet) with up to 32 fueling positions (fueling positions shall refer to an individual facility or piece of equipment that allows for the fueling of one (1) vehicle at any given time. Electric vehicle charging stations shall not be interpreted to be a fueling position.) Financial institutions General/Professional offices Medical offices Hotels/motels and customary accessory uses, including, but not limited to restaurants, bars and spas that are accessory to the principle hotel use (subject to a maximum cap of 120 hotel rooms on Lots 2-5) Restaurants, including accessory bars Retail sales and services Retail specialty shops, including automotive accessory sales with onsite installation in enclosed service bays. Prohibited Uses Truck stops or any fueling facilities that are specifically designed to serve { : RDOAN/RDOAN : DOC; 1} Page 6 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

38 tractor trailers. 3. Lot 5 Hotel/Office Development on Lot 5 is located in DeLand and shall be limited to 60,000 square feet of office space or office over retail, provided retail uses are limited to the first floor. In the alternative, up to 120 hotel rooms are permitted if not otherwise constructed on Lots 2-4. Permitted uses shall include: General/Professional offices. Hotels/motels and customary accessory uses, including, but not limited to restaurants, bars and spas that are accessory to the principle hotel use, though not necessarily owned and/or operated by the hotel/motel. Essential utility services. Retail sales and services. In the event, hotel/motel use is not developed in Lot 5, up to 120 hotel rooms may be transferred to Lots 2-4. In the event fewer than 120 hotel rooms are developed on Lot 5, any remaining allocation of hotel rooms may be transferred to Lots 2-4, provided the total number of trips generated by development of Lots 2-5 does not exceed the total number of trips attributed to those Lots in the traffic impact analysis dated and prepared by Lassiter Transportation Group. Prohibited Uses Truck stops or any fueling facilities that are specifically designed to serve tractor trailers. 4. Allocation of Uses for Lots 2-4 The specific uses described for Lots 2-4 may be re-allocated between these Lots without amendment to this PUD, provided the total number of trips generated does not exceed the total number of trips attributed to those Lots in the traffic impact analysis dated and prepared by Lassiter Transportation Group. Notwithstanding the ability to re-allocate uses between Lots 2-4 referenced above, the overall development of those lots shall not exceed a maximum of one (1) convenience store of up to 6,000 square feet with up to 32 fueling positions, allowing a maximum of 32 vehicles to fuel at any given time, 120 hotel rooms and { : RDOAN/RDOAN : DOC; 1} Page 7 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

39 five (5) restaurants, excluding those which are an accessory use to a hotel. In addition, of the five (5) permitted restaurants, no more than three (3) shall be fast-food style restaurants with drive-through facilities. A fast food restaurant with drive-through facilities that is co-located with a convenience store shall count as one of the permitted fast-food style restaurants. 5. Tract 1: Is primarily located in Lake Helen and provides for open space, conservation, tree preservation and stormwater management but shall count to satisfy open space and tree preservation requirements for development that occurs in both the City of DeLand and the City of Lake Helen regardless of which jurisdiction in which the tracts are located. 6. Tracts 2 and 3: Are located in both Lake Helen and DeLand and provide open space, conservation and tree preservation but shall count to satisfy open space and tree preservation requirements for development that occurs in both the City of DeLand and the City of Lake Helen regardless of which jurisdiction in which the tracts are located.. 7. Open Space: A minimum of twenty-five (25%) percent of the total land area within the I-4 Automall project will be comprised of open space, which may include public gathering spaces and plazas, landscape buffers and internal landscaped areas, conservation and tree preservation areas, stormwater ponds and any recreational amenities. E. Development Standards. 1. Overall Landscape Standards: Unless otherwise noted below, all landscape buffers described below shall meet the minimum standards specified in Land Development Code for the city in which development is occurring. The required number of canopy and understory trees required may be clustered within the required perimeter buffers and within Tract 1 to preserve view corridors for { : RDOAN/RDOAN : DOC; 1} Page 8 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

40 certain portions of the project while maximizing the screening impact of such trees in clustered groups. In addition, the landscape buffers shall meet the standards provided in the location specific descriptions below. The average width of any landscape buffer shall be determined by dividing the total land area included in the landscape buffer by the total linear footage of the buffer, subject to the minimum widths set forth herein. a. I-4 Buffer and Orange Camp Road Buffer: The architectural design for the Automall project is unique in its character and design and will create a true visual gateway for Volusia County and the cities of Lake Helen and DeLand. It is the intent to create a unique native buffer along both the I-4 frontage and the Orange Camp Road frontage extending to Frontage Road that will complement the overall project design while adapting to the native surrounding context. The proposed buffer will consist of the use of mass native saw palmetto, colorful grass species and colorful prostrate native groundcovers placed on rolling perimeter berms. An average buffer width of 40 shall be maintained with a minimum width of 20 permitted within 150 feet of the I-4 right of way to allow for service road circulation. In the event permission is obtained from the County and FDOT, additional landscaping shall be installed in the right of way for Orange Camp Road and on the adjacent I-4 overpass bridge abutment to provide for a minimum of 40 buffer width with a berm along the entire Orange Camp Road and I-4 frontage. The proposed buffer design supports the truest measure of sustainable waterwise green design principles consistent with the Florida Friendly Landscape Program. These planted berm areas will provide large massive color changes during different periods of the year and create a visual { : RDOAN/RDOAN : DOC; 1} Page 9 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

41 signature for the Lake Helen / DeLand Gateway. All required perimeter buffers along I-4 and Orange Camp Road shall meet or exceed the Lake Helen Land Development Code or City of DeLand Class C buffer standards provided in the LDC or LDRs, as applicable. All proposed trees will be upgraded to exceed current code requirements to a minimum Ht (200 gallon) size, with a 5 caliper minimum. Trees will consist of a mixture of native Live Oaks, Shumard Oaks, Florida Slash Pine, Cypress and other native canopy trees to reestablish a native buffer appearance. No flags, banners or other marketing displays shall be permitted in the landscape buffer area adjacent to Orange Camp Road.. b. Frontage Road Buffers: Internal Roadway buffers fronting on the Frontage Road will be a minimum of 15 in width planted with Class C buffer density. All proposed trees will be upgraded to exceed current code requirements to a minimum Ht (200 gallon) size, with a 5 caliper minimum. Trees will consist of a mixture of native Live Oaks, Shumard Oaks, Florida Slash Pine, Cypress and other native canopy trees to reestablish a native buffer appearance. c. Western Perimeter Buffer and Screening: A minimum 40 landscape buffer will be provided adjacent to the residential areas located to the west of the Property. Subject to permitting approval by FDOT and any applicable permitting jurisdiction, an 8 high screening wall will be constructed along the western boundary of the Property adjacent to the Victoria Gardens development. The screening wall will be planted on the western side with vegetation designed to create a green wall to { : RDOAN/RDOAN : DOC; 1} Page 10 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

42 provide additional screening. The screening wall will extend north, along the western boundary of the Property to the northern boundary of Lot 5. d. Northern Perimeter Buffering: A landscape buffer with an average width of 25 feet and a minimum width of 15 feet will be provided along the northern boundaries of Lot 5 and Lot 1. The landscape buffer for Lot 5 shall be included in the lot area. The landscape buffer for Lot 1 is set aside in a separate tract designated on the Preliminary Plan as Tract 3. e. Internal Perimeter Buffers: The projects western and northern buffers will be planted with native Live Oak, Florida Slash Pine, Cypress and other native canopy and sub-canopy trees to create a densely planted buffer. Canopy trees will be planted on average of 1 tree per thirty feet with pines being planted in clusters to provide the maximum buffering effect. Canopy trees will be planted in a variety of sizes to provide a naturalistic growing pattern. All trees within these buffers will meet or exceed the minimum as required by current landscape code requirements. Due to the nature of the site and the desire to preserve natural habitat landscape buffer widths will vary from between 7 minimum width, up a 20 width where native vegetation can be preserved. Where possible, existing native plants and trees will be preserved to retain both tree canopy and ground plane landscape materials. f. On-Site Preservation: Although no formal preserve areas are currently proposed for dedication to either City, the developer s intent is to maintain the native site character and { : RDOAN/RDOAN : DOC; 1} Page 11 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

43 habitat intact for those areas outside of the proposed development pads. These areas will be left in their natural state to help provide visual buffering to surrounding properties, maintain natural habitat for the native animal and bird populations, and provide areas for natural aquifer recharge. These areas will be identified prior to site construction activities and cordoned off to protect and prevent encroachment. Depending on the complexity of the infrastructure requirements for the site, limited trenching in these areas may be necessary but will be evaluated, scrutinized for alternative methods of construction and limited to the greatest extent possible. Based on current site analysis, the site currently has jurisdictional wetlands. As part of any site development the minimization of impacts will be greatly considered and only impacted if necessary. In the event that wetland impacts are proposed, the development will comply with the current Lake Helen or DeLand, as applicable, and St. Johns River Water Management District (SJRWMD) criteria for wetland permitting and mitigation. If mitigation is required, the developer will work with the agencies to provide on-site mitigation, if possible, enhancement to the existing and preserved wetland areas and offsite mitigation. g. Irrigation: The development will strive to utilize the most sustainable waterwise principles of green design through the use of low flow drip irrigation, rain gauges, water sensor cut-off, and the integration of supplemented water systems including reclaimed water, roof collected cistern systems, purified stormwater and connection to a grey water system, all to efficiently reduce overall water { : RDOAN/RDOAN : DOC; 1} Page 12 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

44 consumption and dependency on public potable water system infrastructure. The overall planting palette will primarily utilize native plant material indigenous to this area and specifically selected based on the native soil composition. To help ensure that the native areas can serve as aquifer recharge, these areas may be used for disposition of overflow collected cistern rainwater. 2. Development Standards for Lot 1: a. Minimum dealership lot area: 1 acre b. Minimum lot width: 150 feet c. Minimum yard size (building): i. Front yard: 20 feet ii. Rear yard: 25 feet iii. Side yard: 10 feet; 0 feet for adjoining dealership modules d. Maximum impervious surface: 100 % for individual lots; 80 % for Automall use in the aggregate on Lot 1. Overall, the maximum impervious surface for all Lots shall not exceed 75%. e. Maximum FAR: 0.8 for Lot 1;.55 maximum for entire PUD as a whole f. Maximum building height: 80 feet (dealership modules) 60 feet (distribution building) 30 feet (physical plant) g. Property perimeter building setbacks: 50 feet h. Minimum building separation distance 0 feet for adjoining buildings; 10 feet for all other buildings i. Off-street parking and loading requirements: Due to the unique nature of the I-4 Automall development, the minimum parking standards below deviate from the requirements of the Lake Helen Land Development Code in an effort to avoid excessive parking. The following required parking spaces will be provided for each Dealership Module: { : RDOAN/RDOAN : DOC; 1} Page 13 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

45 i. 1 space shall be provided for every 400 square feet of net conditioned automotive sales area. ii. 1 space shall be provided for every 200 square feet of net administrative office area. iii. 2 spaces per service bay shall be provided for each automotive service bay. iv. Required parking for the Distribution Center shall be provided as follows: 1 space shall be provided for every 200 square feet of net administrative office area. Tractor trailers delivering parts or vehicle inventory to the Distribution Center shall be restricted to access via the northern most driveway into Lot 1 and queuing shall be provided in the drive aisle approaching the Distribution Center as approved during Final Site Plan approval. The parking requirements may be modified in accordance with a parking study approved by the City Commission as part of the Final Site Plan review and approval. j. Signage requirements: Sign type and locations for internal signs on Lot 1 shall comply with a Master Sign plan submitted for review and approval as part of final site plan review for any lot. Sign size and type for signs located on Orange Camp Road shall be as follows: i. Signs along Orange Camp Road: Lot 1 shall be entitled to one monument sign for the I-4 Automall that is not more than 10 feet in height and provides a maximum of 300 square feet of sign area. In addition, building signage is permitted on the side of the building facing Orange Camp Road with no more than 100 square feet of signage permitted for each new automotive brand located in the Dealership Module(s) facing { : RDOAN/RDOAN : DOC; 1} Page 14 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

46 Orange Camp Road, subject to a maximum of 1,000 square feet of signage for all new automotive brand signage on all Dealership Modules facing Orange Camp Road. This standard shall apply to each individual Dealership Module included in an attached structure with another Dealership Module so that the occupant(s) of each single Dealership Module in the structure is entitled to 250 square feet of signage, per dealership module. The remaining signage for Lot 1 shall be reviewed and approved as part of a Master Sign Plan as required by Section of the City of Lake Helen Land Development Code as part of the Final Site Plan review and approval. Notwithstanding anything in this subsection j, additional community arrival or identity signage for the City of Lake Helen and the City of DeLand may be included along Orange Camp Road as part of the Master Sign Plan. ii. Signs along I-4 A ground sign not to exceed 1,000 square feet in area and 12 feet in height shall be permitted in the landscape buffer adjacent to I-4. Building signs for dealerships not located adjacent to I-4 may be placed on buildings located adjacent to I-4 without being considered impermissible off-premises signs to insure passersby on I-4 are aware of all brands located in the development, not just the brands in the building closest to I-4. Each automotive brand badge sign shall be limited to a maximum sign area of 100 square feet, with the total aggregate badge sign area on a single Dealership Module { : RDOAN/RDOAN : DOC; 1} Page 15 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

47 limited to 250 square feet. The sign area for Dealership Modules not located adjacent to I-4 may be added to the Dealership Modules that front on I-4. All signage is subject to approval as part of the Master Sign Plan. iii. Signs interior to AutoMall Notwithstanding anything in this subsection j, the Master Signage Plan shall not place unreasonable restrictions on the number of, location of, or size of badges, emblems, logos, or dealership name signage/lettering located on the exterior of the Dealership Modules on the sides facing the interior of the Automall or on the sides of buildings facing I-4. Such signage is commonly referred to as Manufacturer s Required Identity Components and the Master Signage Plan may provide for signage totaling five (5) percent of the total facade area for each Dealership Module as part of the interior signage. k. Architectural Design Standards: The Automall development on Lot 1 shall conform with the architectural standards set forth in the I-4 Automall Visual Reference Guide attached as Exhibit D, and with the standards set forth herein: i. Purpose and intent. The purpose of these standards is to ensure quality commercial development and enhance an attractive physical environment at the Orange Camp Road / I-4 gateway into DeLand and Lake Helen. Their intent is to: (a) Create and maintain a strong community image, identity and sense of place through the use of quality design and building materials; { : RDOAN/RDOAN : DOC; 1} Page 16 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

48 (b) Promote variety and diversity in architectural design, while respecting the historic past and architectural character of the cities of Lake Helen and DeLand; (c) Minimize incompatible surroundings and visual blight, which prevent orderly community development and reduce community property values; (d) Encourage and promote development which features amenities and excellence in the form of variations of siting, types of structures and adaptation to and conservation of, native vegetation and other environmental design features; (e) Foster civic pride and community spirit by maximizing the positive impact of development; and (g) Promote a high degree of compatibility between structures and land uses. ii. General design criteria. Preliminary designs for the Lot 1 development shall be reviewed by the Lake Helen DRC prior to the submittal of a formal site plan application. The following shall apply to the primary and accessory structures located on Lot 1: (a) Relationship of the structures to the site. 1. Existing natural topography and site features shall be respected, or when modified shall improve the overall appearance of the site. Extreme changes in grade shall be avoided. 2. Building mechanical equipment, service, delivery, and work areas, shall be visually screened from public view. Vertical lift and overhead garage type doors should not be located on principal facades abutting Orange Camp Road. 3. While architectural design continuity for multiple structures is encouraged, monotonous repetition of identical exterior details shall be avoided or screened from view on Orange Camp Road or I-4, which may be accomplished with berms and landscaping. (b) General architectural building design. 1. The design shall provide for a consistent architectural treatment for all of the modules. 2. Building design, scale and details shall be such that architectural interest is created from both Orange Camp Road and I-4. Building design shall be undertaken in a manner which avoids box and rectangular structures comprised entirely of blank walls that are in view. In order { : RDOAN/RDOAN : DOC; 1} Page 17 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

49 to maintain the unique character of Lake Helen and DeLand, the following techniques shall be utilized in a commercially reasonable manner: a. Buildings shall provide articulation, both horizontally and vertically, to avoid the creation of a large box structure. b. For structures with less than 200 linear feet of building ground floor frontage, visible from Orange Camp Road or I-4, no uninterrupted horizontal length or uninterrupted curve of the entire building facade shall exceed 75 linear feet and no uninterrupted vertical length shall exceed 30 feet. c. For structures with greater than 200 linear feet of building ground floor frontage, visible from Orange Camp Road or I-4, no interrupted horizontal length or uninterrupted curve of the entire building facade shall exceed 100 linear feet and no uninterrupted vertical length shall exceed 30 feet. 3. Building facades shall, on all sides that are, or will be, visible from Orange Camp Road & I-4, include a repeating pattern that shall consist of a minimum of two of the elements listed below. At least one of the elements shall repeat horizontally and vertically: a. Color change. b. Texture change. c. Material change. d. Pattern change. e. Architectural banding. (c) Materials. Use of similar materials is an important way in which a building can blend with the architectural context of the area. 1. Materials shall be selected for durable quality and suitability to the type of buildings and the design in which they are used. Exposed standard concrete block is not allowed. 2. Inappropriate use of materials in terms of weatherability, application or appearance, should be avoided. 3. Materials shall be consistent with the architectural style and character of the structure. { : RDOAN/RDOAN : DOC; 1} Page 18 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

50 (d) Color. Use of colors is an important way in which a building can blend with the architectural context of the city and surrounding area. 1. Building colors, visible from Orange Camp Road or I-4, shall be limited to those colors having a light reflectance value (LRV) of 50 or greater per the manufacturer's standard which may be applied to no more than 80 percent of the building and an LRV of 20 or greater which may be applied to no more than for 40 percent of the building. The requirement shall not apply to natural materials such as brick, stone or concrete, unless such material has been artificially colored in a manner contrary to the intent of these regulations. 2. All colors, excluding fluorescents, may be permitted as accent colors. l. Distribution Center. The Automall located on Lot 1 includes a central receiving and distribution center (the Distribution Center ) for automotive inventory and parts associated with the service departments in the individual dealerships. The Distribution Center will be located as shown on attached Exhibit C. The Distribution Center shall be limited to 60 feet in height and shall be designed so that all unloading activities occur within the enclosed structure. All bay doors shall remain closed during inventory loading and unloading. m. Physical Plant. The Automall located on Lot 1 includes a centralized Physical Plant supporting the operations of the 11 modules and distribution center. The Physical Plant shall be located as shown on attached Exhibit C. The Physical Plant shall be limited to 30 feet in height and no greater than 6,000 square feet in size. 3. Development Standards for Lots 2-5: a. Minimum lot area: 1 acres { : RDOAN/RDOAN : DOC; 1} Page 19 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

51 b. Minimum lot width: 150 feet c. Minimum yard size (building): i. Front yard: 25 feet ii. Rear yard: 25 feet iii. Side yard: 10 feet d. Maximum impervious surface: 70% e. Maximum FAR: 0.35 for individual lots f. Maximum building height: 45 feet g. Property perimeter building setbacks: 30 feet, plus 1 foot for every foot of building height over 30 feet. h. Minimum building separation distance: 0 feet for attached buildings; 10 feet for all other buildings. i. Off-street parking and loading requirements: Off street parking and loading requirements for specific uses on Lots 2-5 shall be in accordance with DeLand Land Development Code. j. Signage requirements: Signs shall comply with DeLand Land Development Code unless otherwise specified herein.. The use of Lot 1 shall be allowed one off-premise monument wall sign located at the intersection of Frontage Road with the main Lot 1 access drive not to exceed 300 square feet in size and 10 feet in height. The sign shall be consistent with the architectural and landscaping style of Victoria Park and Lots 2 5. k. Lots 2-5 Architectural Design Standards: Development on Lots 2-5 is intended to visually blend in with the architectural style of the Victoria Park development and shall comply with the provisions of Section, et seq. { : RDOAN/RDOAN : DOC; 1} Page 20 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

52 of the City of DeLand Land Development Code. 4. Site Illumination for all Lots: To minimize obtrusive aspects of excessive and/or nuisance outdoor light usage, while preserving safety, security and the nighttime use and enjoyment of the property, the following apply: a. A signed and sealed illumination plan shall be submitted with the Final Site Plan application. b. In no case shall illumination from the property increase the level of illumination at the property lines by more than one-half (0.5) foot candles. In addition, the maximum level of illumination along the western boundary of the property adjacent to Victoria Gardens shall not exceed one-tenth (0.1) foot candles. c. All light fixture including wall and surface mounted luminaries shall be installed and maintained in such a manner that is fully-shielded down. All site lighting will utilize project light fixtures that provide both vertical cut off that meet dark sky criteria and full cut off lenses to prevent light spillage outside of the project boundaries. d. All outdoor site lighting on Lot 1 shall be reduced by 50% after 11:00 pm until sunrise on the following day. e. Light fixtures shall be decorative in appearance and compliment the architectural style of the building. Light poles shall not exceed thirty (30) feet in height on Lots 2-5 Light poles located in the internal courtyard area of Lot 1, between the opposing front faces of the Dealership Modules, shall not exceed forty (40) feet in height. 5. Noise Abatement. No amplified speaker systems shall be permitted on Lot 1 except as required for emergency purposes. Dealerships shall utilize a private cellular or radio network { : RDOAN/RDOAN : DOC; 1} Page 21 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

53 for internal communication. In addition, as part of Final Site Plan review and approval for Lot 1, the Developer shall provide documentation of the existing ambient noise levels at the lot boundaries. The levels of existing ambient noise measured on all project boundaries at that time shall provide a basis for determining appropriate decibel levels to measure ongoing compliance with Section , et seq. of Lake Helen s Land Development Code. The operation of businesses on Lots 2 5 shall be subject to DeLand s noise ordinance. In order to limit noise adjacent to residential areas, deliveries to Lot 5 shall be limited to between the hours of 7am and 7pm. F. Environmental Considerations. The minimum environmental requirements of the Lake Helen and DeLand Land Development Codes, as applicable, shall be met. In addition, the Automall developed on Lot 1 will incorporate the following green technologies, subject to final design, technical feasibility and cost feasibility: 1. Stormwater supplemented plumbing systems that will use stormwater captured in cisterns included within each Dealership Module for car washes, grey water plumbing systems and landscape irrigation. 2. Photovoltaic solar panels will be mounted on the top level of each Dealership Module and connected to a coordinated electrical storage and distribution system that will provide supplemental electrical power for the Automall. 3. Geothermal heating and cooling systems will be provided through looped chiller lines installed under portions of the property. Water circulating through the chiller lines will be used to heat or cool the Dealership Modules and reduce their individual energy footprint. G. Sewage Disposal, Potable and Reclaimed Water Facilities. Provisions for sewage disposal, potable and reclaimed water needs of the PUD will be provided in accordance with the comprehensive plan, the land development code and Fla. Admin. Code Ann. r. 64E-6. Potable and reclaimed water shall be provided by City of DeLand. Sanitary sewer treatment/waste disposal shall be { : RDOAN/RDOAN : DOC; 1} Page 22 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

54 provided by the City of DeLand. The Applicant shall be responsible for coordinating with the City of DeLand for the overall design and construction of all necessary potable and reclaimed water or sanitary sewer connections required to serve the project. Solid waste services will be provided by the City of Lake Helen s solid waste franchise holder for Lot 1 and the City of DeLand s solid waste franchise holder for Lots 2 5. H. Storm water Drainage. Provision for storm water retention shall be in accordance with the respective land development code, subject to the specific system design described in this Section. Each Dealership Module is designed to include a stormwater cistern that will provide approximately 200,000 gallons of storage volume. The stormwater cistern system will be connected to a distribution system in each Dealership Module that will allow water held in the stormwater cistern to be used for car washes, grey water plumbing systems or landscape irrigation. Each stormwater cistern will also be designed to connect to exfiltration stormwater vaults located on one or more of the Dealership Module lots within Lot 1. The exfiltration vaults will also connect to the master stormwater pond located on Tract 1 which is primarily located in the City of Lake Helen. The Applicant, Lake Helen and DeLand will coordinate the review and approval of the master stormwater pond on Tract 1. I. Access and Transportation System Improvements. All access and transportation system improvements shall be provided in accordance with the applicable LDC or LDR, as amended. The parcels shall be developed in substantial accordance with the following access and transportation system improvements: 1. Access. Access to the project site shall be provided by the public roads, driveway or private road connections shown on the Preliminary Plan. The Frontage Road shown on the Preliminary Plan shall be fully constructed as part of the initial phase of development under the terms of this Agreement. Internal site access, secondary emergency access, pedestrian, bicycle and traffic circulation improvements and access points shall be finally determined during final site plan review and { : RDOAN/RDOAN : DOC; 1} Page 23 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

55 /or subdivision application review, in accordance with the requirements of the land development code as may be modified by the Development Review Committee for either city as may be necessary to provide required pedestrian, bicycle, and traffic safety improvements on and adjacent to the site. The Applicant shall provide one or more traffic impact analyses ( TIA s ) that comply with the uniform TIA standards adopted by the River 2 Sea Transportation Planning Organization. 2. Transportation System Improvements. Transportation system improvements shall be provided as required by the applicable LDC or LDR based on the results of any TIA performed and as specifically determined in one or more negotiated proportionate share agreement(s) approved prior to approval of the Preliminary Plat or individual lot site plans. No construction shall be authorized until a binding agreement is entered into between the Applicant, Lake Helen, DeLand and any other applicable agency regarding mitigation of traffic impacts associated with the proposed development activity. 3. Operational Restrictions. The Applicant shall establish operational restrictions as part of the Property Owner s Association Covenants for the development on Lot 1 that designates areas and applicable rules for car carriers waiting in queue to offload vehicle inventory. In addition, the Applicant shall similarly establish rules that prohibit any dealership located on Lot 1 from allowing vehicle test drives on any road or street in the cities of DeLand or Lake Helen that are not classified as thoroughfare, arterial or collector roadways or the interstate in the vicinity of the project. 4. Frontage Road. Frontage Road does not currently exist but the right of way for the planned roadway is owned by the Florida Department of Transportation. The Applicant, DeLand and Lake Helen will coordinate with FDOT to facilitate transfer of the Frontage Road right of way to the City of DeLand. The City of DeLand shall permit, subject to compliance with the applicable road improvement standards in Section of the LDRs, construction of Frontage Road to provide access to Lots 1-5. The Applicant, DeLand and Lake Helen shall also coordinate regarding potential changes { : RDOAN/RDOAN : DOC; 1} Page 24 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

56 to the alignment of the northern section of the Frontage Road right of way, located generally east of Lot 5 as shown on the Preliminary Plan, that may shift the roadway to the east to minimize impacts to wetland and conservations lands when the future extension of Frontage Road north into the Workplace section of the Victoria Park DRI is constructed. In the event the right of way is shifted to the east, the Applicant and City of DeLand shall enter into a land swap agreement to add portions of the existing right of way to Lot 5 in exchange for the dedication of additional right of way east of the current alignment for Frontage Road. J. Internal Roadways. Internal roadway(s) shall be constructed in accordance with the applicable requirements and standards of the applicable Land Development Code. Cross access rights will be established as part of the subdivision approval process to ensure each Lot shown on the Preliminary Plan has legal access to an improved public road. K. Fire Protection. The applicant is responsible for providing adequate onsite water supply and other fire protection improvements to serve the PUD project. The design, capacity, and location of the required water supply and other fire protection improvements shall be as required by the Volusia County or City of DeLand Fire Marshall s office. Specific fire protection standards shall be required for dealership modules that share a party wall as determined by the Volusia County Fire Marshall. L. Building or Property Owners Association. Common areas within the Automall development may be operated and maintained by a Property Owner s Association. The charter and bylaws of any Property Owners Association, and any other agreements, covenants, easements or restrictions shall be furnished to the Cities of Lake Helen and DeLand at the time of creation. The Property Owners Association shall be responsible for maintaining all common areas in a manner and to standards that are comparable to maintenance standards maintained by the adjacent Victoria Park development. The Applicant shall be responsible for recording said information in the Public Records of Volusia County, Florida. In addition, the Applicant shall bear and pay all costs for recording all of { : RDOAN/RDOAN : DOC; 1} Page 25 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

57 the aforementioned documents. With respect to the enforcement of said agreements, covenants, easements or restrictions entered into between the Applicant and the owners or occupiers of property within the PUD, the Cities of Lake Helen and DeLand shall only enforce the provisions of the "Development Agreement" and their Land Development Codes, as amended, whichever is applicable, and not the private agreements entered into between the aforementioned parties. M. Other Requirements. [reserved] N. Expiration of Development Agreement. The Applicant shall file a final site plan or overall development plan within five (5) years from the effective date of this Order and Ordinance. Failure to timely file said final site plan or overall development plan shall immediately render the development agreement null and void, unless a minor amendment to extend the time period indicated in this paragraph is approved. O. Binding Effect of Plans, Recording, and Effective Date. The Master Development Plan, including any and all supplementary orders and Ordinances, and the Preliminary Plan shall bind and inure to the benefit of the Applicant and his successor in title or interest. The PUD zoning, Order and Ordinance and all approved plans shall run with the land. This Order and Ordinance and all subsequent Orders and Ordinances shall be filed with the Clerk of the Court and recorded within forty-five (45) days following execution of the document by the Lake Helen and DeLand City Commission, in the Official Records of Volusia County, Florida. One copy of the document, bearing the book and page number of the Official Record in which the document was recorded, shall be submitted to each City for their records. The applicant shall pay all filing costs for recording documents. P. Conceptual Approval: The parties hereto acknowledge that reductions in density and/or intensity may and do occur; and that minor changes to roadway design, location and size of structures, { : RDOAN/RDOAN : DOC; 1} Page 26 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

58 actual location of parking spaces, specific locations for land uses, and locations and design of stormwater storage, landscape buffers and upland buffers may result to comply with the land development regulations. A request for such an amendment shall be reviewed by the applicable zoning enforcement official and may be processed as a minor amendment in accordance with the applicable zoning code. The Applicant agrees to revise and record the revised preliminary plan which reflects any such changes with the Clerk of the Court immediately following the expiration of the 30 day period for appealing Development Review Committee ( DRC ) decisions to the City Commission. A copy of the revised preliminary plan, bearing the book and page number of the Official Record in which the document was recorded, shall be submitted to the applicable City Administrator or City Manager. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW] { : RDOAN/RDOAN : DOC; 1} Page 27 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

59 DONE and ORDERED by the Lake Helen City Commission this day of, ATTEST: CITY OF LAKE HELEN Becky Witte Acting City Administrator Daisy Raisler Mayor APPROVED AS TO FORM AND LEGALITY Scott E. Simpson, City Attorney STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of, 2018 by Becky Witte, as Acting City Administrator, Daisy Raisler, as Mayor, and Scott E. Simpson, City Attorney, respectively, on behalf of the City of Lake Helen, and who are personally known to me. NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name: Commission No.: My Commission Expires: { : RDOAN/RDOAN : DOC; 1} Page 28 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

60 ATTEST: CITY OF DELAND Michael Pleus City Manager Robert Apgar Mayor APPROVED AS TO FORM AND LEGALITY Darren Elkind, City Attorney STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was acknowledged before me this day of, 2018 by Michael Pleus, as City Manager, Robert Apgar, as Mayor, and Darren Elkind, City Attorney, respectively, on behalf of the City of DeLand, and who are personally known to me. NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name: Commission No.: My Commission Expires: { : RDOAN/RDOAN : DOC; 1} Page 29 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

61 WITNESSES: OWNER: I4 Automall, LLC, a Florida limited liability company Print: Brendan Hurley, Manager Print: State of Florida County of Volusia The foregoing instrument was acknowledged before me this day of, 2018 by Brendan Hurley, as Manager of I4 Automall, LLC, who is personally known to me or who has produced as identification(s). NOTARY PUBLIC, STATE OF FLORIDA Type or Print Name: Commission No.: My Commission Expires: { : RDOAN/RDOAN : DOC; 1} Page 30 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

62 EXHIBIT A Legal Description City of Lake Helen Property EXHIBIT B Legal Description City of DeLand Property EXHIBIT C Preliminary Plan EXHIBIT Automall Architectural Design Standards { : RDOAN/RDOAN : DOC; 1} Page 31 of 31 Ordinance No. (# To be Provided After Council Approval & name of PUD)

63 Meeting Date: November 8, 2018 City of Lake Helen Agenda Memorandum Resolution Commission Compensation Subject: Resolution Commission Compensation Synopsis: Over the past decade, the City Commission has not received a pay increase with the exception of cost ofliving adjustments (COLAs). For many years, the Commission opted out of COLAs given to city employees. In fiscal year 2009, the Commission voted to cut its pay by ten percent during the Great Recession. To demonstrate the work of the commission and the benefits of their leadership staff has compiled a list of accomplishments over the past two terms (attached). Restructuring pay for members of the City Commission with a one time, $5,000 annual increase would lead to the following pay rates: Commissioner Vice Mayor Mayor Current $4, $5, $7, Restructured $9, $10, $12, The budgetary impact for this adjustment is $21, Of this amount, $14, can be paid from the Contingency line item and the remaining $6, taken from the savings net from funds that will not be expended from our proposed ECHO grant applications in the Capital Outlay line item for Parks and Recreation. At the October 25, 2018 Special Meeting, a consensus was reached to bring back the item at the November Regular meeting for further discussion as well as a proposed Resolution to readjust the commission compensation (attached). TITLE OF RESOLUTION : AN RESOLUTION OF THE CITY OF LAKE HELEN, VOLUSIA COUNTY, FLORIDA, ADOPTING AN UPDATED SALARY FOR CITY OF LAKE HELEN CITY COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING RESOLUTIONS AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. Suggested Motion: Motion to adopt Resolution Attachment(s): Resolution Commission Compensation List of Commission Accomplishments

64 RESOLUTION AN RESOLUTION OF THE CITY OF LAKE HELEN, VOLUSIA COUNTY, FLORIDA, ADOPTING AN UPDATED SALARY FOR CITY OF LAKE HELEN CITY COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING RESOLUTIONS AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission wants to attract qualified, diverse candidates from all backgrounds to run for City Commission; and WHEREAS, City Commission members put in countless to serve the City of Lake Helen; and WHEREAS, Over the past decade, the City Commission has not received a pay increase with the exception of cost of living adjustments (COLAs); and WHEREAS, for many years, the Commission opted out of COLAs given to city employees; and WHEREAS, in fiscal year 2009, the Commission voted to cut its pay by ten percent (10%) during the Great Recession; and WHEREAS, increasing the pay for members of the City Commission by $5,000 annually increase would lead to the following pay rates: Commissioner Vice Mayor Mayor Current $4, $5, $7, Proposed $9, $10, $12, NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF LAKE HELEN, FLORIDA: The salary for the City of Lake Helen City Commission is hereby adopted as follows: Commissioner Vice Mayor Mayor New Salary $9, $10, $12, BE IT FURTHER RESOLVED, that the salary adjustment shall become effective December 1, THIS RESOLUTION APPROVED this 8 th day of November 2018 by the City Commission of the City of Lake Helen, Florida. ATTEST: Becky Witte, Interim City Administrator CITY OF LAKE HELEN: Daisy Raisler, Mayor APPROVED AS TO FORM AND LEGALITY Scott E. Simpson, City Attorney Resolution Commission Compensation

65 Lake Helen City Commission Accomplishments FY Accomplishment Successfully lobbied for a change of scope for the ECHO grant at the Creative Arts Cafe, resulting in more sustainable operation by easing compliance standards. Fiscal Impact $ 156, Negotiated a 3 year fire contract with the county. $ 106, Negotiated with CDBG grant sub recipients resulting in funds for paving projects. Two years ago the County changed CDBG process from guaranteed funding to competitive. $ 225, Successfully lobbied to fund three Federal Hazard Mitigation initiatives for Hurricane Matthew, resulting in over $30,000 in grant funding to make PD Headquarters more storm resistant. Also, this action allowed the City to seek over $320,000 in grant funding for infrastructure improvements on Ohio Avenue and Virginia Drive. $ 350, Secured Florida DEO grant for to fund a Downtown Master plan. $ 40, In partnership with staff and consultant, revised Land Development Code mostly "in house", versus outsourcing the work completely. $ 77, Secured debris removal reimbursement from State and FEMA for Hurricane Matthew Worked with I 4 Auto Mall owner to annex the entire project into Lake Helen. Secured a successful Safe Routes to School grant for sidewalk and road improvements. $ 293, $ 1,500, $ 800, Secured debris removal resources for Hurricane Irma in a hyper competitive market environment at significantly below market rates. Researched and coordinated use of innovative app to document monitoring activities for FEMA reimbursement purposes. Initiated and obtained burn and debris site permits from the Florida Department of Forestry and Florida Department of Environmental Protection. $ 77, Total Fiscal Impact $ 3,624,000.00

66 City of Lake Helen Agenda Memorandum Consent Agenda Meeting Date: November 8, 2018 ITEM : Consent Agenda The action proposed is stated for each item on the Consent Agenda. Unless a City Commissioner removes an item from the Consent Agenda, no discussion on individual items will occur and a single motion will approve all items. The Mayor will ask if there is anyone in the audience who wishes to speak on any item on the Consent Agenda. Item a: Approval of Board Meeting Minutes: Request the Commission approve the minutes from the following Meetings: October 11, 2018 Regular Meeting October 25, 2018 Special Meeting Item b: Acceptance of Bills paid through October 31, 2018 Request the Commission accept the bills paid report through October 31, 2018 Attachment(s): October 11, 2018 Regular Meeting October 25, 2018 Special Meeting Bills Paid Report

67 City of Lake Helen City Commission Minutes October 11, 2018 at 7:00pm City Hall City Commission Chambers 327 S. Lakeview Drive, Lake Helen, Florida Mayor Daisy Raisler Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell Interim City Administrator Becky Witte City Attorney Scott Simpson CALL TO ORDER: Mayor Daisy Raisler called to order the October 11, 2018 Regular City Commission Meeting at 7:00pm. Legislative prayer and pledge of alliegence led by Lewis Long. PRESENT: Commissioner Tom Wilson, Vice Mayor Vernon Burton, Commissioner Michael Woods, Commissioner Jim Connell, Mayor Daisy Raisler, City Attorney Scott Simpson, Interim City Administrator Becky Witte BUSINESS OF THE COMMISSION: ITEM 1: Additions, Deletions and Modifications to the Agenda Modification: Proclamation for Lake Helen should read 130 years not 140 years. ITEM 2: Recognitions, Proclamations and Presentations: Item 2a: Recognitions: 1. Recognition of visiting candidates for office (2018 Election Cycle): None 2. Resolution Florida City Government Week City Attorney Scott Simpson read the title of Resolution Florida City Government Week. A RESOLUTION OF THE CITY OF LAKE HELEN RECOGNIZING FLORIDA CITY GOVERNMENT WEEK, OCTOBER 22-28, 2018, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. Motion by Commissioner Michael Woods to approve Resolution Second by Commissioner Jim Connell. MOTION CARRIED UNANIMOUSLY. 3. Resolution Dorothy Hukill City Attorney Scott Simpson read the title of Resolution Dorothy Hukill. A RESOLUTION OF THE CITY OF LAKE HELEN RECOGNIZING SENATOR DOROTHY HUKILL, OCTOBER 11 TH, AND ENCOURAGING ALL CITIZENS TO CELEBRATE AND REMEMBER AS WE WISH TO EXPRESS OUR GRATITUDE AND RESPECT FOR SENATOR DOROTHY HUKILL. Motion by Commissioner Tom Wilson to approve Resolution Second by Vice Mayor Vernon Burton. MOTION CARRIED UNANIMOUSLY. Mayor Daisy Raisler read Resolution Item 2b: Recognitions: 1. Proclamation: Red Ribbon Week read by Commissioner Tom Wilson. 2. Proclamation: 130th Birthday of Lake Helen read by Commissioner Jim Connell. Item 2c: Presentations: 1. Florida League of Mayors presented the City of Lake Helen a grant check as the Catalyst Grant Winner in the amount of $1,500 Input from Becky Witte, Interim City Administrator. Presentation by DeLand Mayor Bob Apgar. 2. Water Rates presented Finance Manager, Jason Lawrence Discussion with input by City Attorney Scott Simpson, Interim City Adminstrator Becky Witte, and Lewis Long (176 N Euclid Ave). Item 3: Public Forum: Joe Hammett (155 N Lakeview Drive) City Commission Minutes: September 13, 2018 Page 1 of 6 P.O. Box 39 Lake Helen, Florida Telephone (386) FAX (386)

68 City of Lake Helen City Commission Minutes Item 5: Commission Consideration Consideration of Appointment to Personnel Review Board Discussion with input from Interim City Administrator Becky Witte, Sherry Mauraides (Chesnut Ln), Rick Taylor (N High St). Motion by Commissioner Tom Wilson to appoint Sherry Mauraides to Personnel Review Board. Second by Vice Mayor Vernon Burton. MOTION CARRIED UNANIMOUSLY. Motion by Vice Mayor Vernon Burton to appoint Rick Taylor to Personnel Review Board. Second by Commissioner Tom Wilson. MOTION CARRIED UNANIMOUSLY. Motion by Commissioner Tom Wilson to appoint Donna Hutchins to Personnel Review Board. Second by Commissioner Michael Woods. MOTION CARRIED UNANIMOUSLY. Motion by Vice Mayor Vernon Burton to appoint Ranger James Tyler as an alternate to Personnel Review Board. Motion died for lack of second. Discussion Motion by Commissioner Jim Connell to appoint Bart Gawlikowski as an alternate to Personnel Review Board. Second by Commissioner Tom Wilson. MOTION CARRIED UNANIMOUSLY. Item 4: Monthly Reports: Item 4a: Lake Helen Events: Discussion with input from Event Cordinator Kelly Frasca, Interim City Administrator Becky Witte, City Attorney Scott Simpson, Police Chief Mike Walker, and Rhonda Janitch (Birch Ln). Item 4b: Finance Manager and Capital Improvements: Discussion with input from Finance Manager Jason Lawrence, Interim City Administrator Becky Witte, City Attorney Scott Simpson, Alan Cooke (Oak Tree Ln). Item 4c: Police Chief and Code Compliance: Discussion with input from Police Chief Mike Walker. Item 4d: City Attorney Item 4e: Interim City Administrator: Discussion with input from Interim City Administrator Becky Witte, and City Attorney Scott Simpson. Item 6: Commission Discussion / Reports Item 6a: Lake Helen Villa Water Reconciliation At the September 19, 2018 Special Meeting, the City Commission discussed the reconciliation process for the Lake Helen Villa Water Account. An Advertisement was placed in the West Volusia Beacon Newspaper requesting bids for the reconciliation. Three responses were received (attached). The Lake Helen Villa management team would also like to discuss future opportunities of water billing and water conservation with the City Commission. Discussion with input from Interim City Administrator Becky Witte, and Kent Titcomb (Lake Helen Villa). Consensus to begin installing individual meters. Item 6b: October Workshop October 25, 2018 Discussion Items Request the City Commission discuss the topics to be included on the workshop agenda. Discussion items: Water Rates o Continue discussion on proposed water rates City Commission Meeting Minutes: October 11, 2018 Page 2 of 6 P.O. Box 39 Lake Helen, Florida Telephone (386) FAX (386)

69 City of Lake Helen City Commission Minutes o Capital Improvement Plan & input from Public Works City Commission Meetings / Workshops City Commission Compensation Gateway & Historic Review Process Interlocal Service Boundary Agreement (Annexation) Events Discussion with input from Interim City Administrator Becky Witte, and City Attorney Scott Simpson. Item 6c: Tony Troy Award: The Historic Preservation Board has volunteered to make recommendations and present those recommendations to the City Commission. Discussion with input from Interim City Administrator Becky Witte. Item 6d: Commissioner Tom Wilson, Zone 1 Item 6e: Vice Mayor Vernon Burton, Zone 2 Item 6f: Commissioner Michael Woods, Zone 3 Item 6g: Commissioner Jim Connell, Zone 4 Item 6h: Mayor Daisy Raisler Iten 6i: City Administrator: Interim City Administrator Becky Witte discussed the proposed revision to Article which will be reviewed by the Planning and Land Development Regulation Commission in October. She asked to place into the record that per City Attorney Simpson, with the ordinances under review any new construction landscape plans will be pending until final review by the City Commission. ITEM 7: Consent Agenda Item 7a: Approval of Board Meeting Minutes: September 13, 2018 Regular Meeting, September 13, 2018 Final Budget Hearing, September 19, 2018 Special Meeting Item 7b: Acceptance of Bills paid through September 30, 2018 Item 7c: Consideration of Agreement with Ariel Faith for Design Consultant Services Item 7d: Consideration of Agreement with Ariel Faith for Pattern Book Item 7e: Consideration of Agreement with Ray Jarrett for Services as a Certified Arborist Item 7f: Consideration of Resolution FY Budget Adjustments City Attorney Scott Simpson read the title of Resolution FY Budget Adjustments. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAKE HELEN, FLORIDA, AMENDING THE ANNUAL OPERATING BUDGET FOR FISCAL YEAR BY ADJUSTING REVENUE AND EXPENSES; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Item 7g: Consideration to authorize Mayor Raisler to execute the letter to approve allocation Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide funds Item 7h: Consideration to authorize Mayor Raisler to execute the FY 2018/2019 CDBG Agreement Item 7i: Consideration of ECT Task Orders Item 7j: Consideration of Amendments to the Tyler Financial Software Agreement Item 7k: Public Works Facility Update Item 7l: Consideration of Public Safety Capacity Mitigation Agreement MOTION by Commissioner Tom Wilson to approve the consent agenda as presented. SECOND by Commissioner Michael Woods. MOTION CARRIED UNANIMOUSLY. Item 8: Public Hearings: ITEM 8a: QUASI-JUDICAL CERTIFICATE OF APPRORIATNESS: City Commission Meeting Minutes: October 11, 2018 Page 3 of 6 P.O. Box 39 Lake Helen, Florida Telephone (386) FAX (386)

70 City of Lake Helen City Commission Minutes Certificate of Appropriateness for New Single Family Residence at 376 W Park Street and Certificate of Appropriateness for New Single Family Residence at 351 W Delaware Ave Discussion with input from Interim City Administrator Becky Witte, City Attorney Scott Simpson, Ariel Faith (274 W Washington), and Lewis Long (176 N Euclid Ave). MOTION by Commissioner Tom Wilson to approve the Certificates of Appropriateness for New Single Family Residence at 376 W Park Street. SECOND by Commissioner Michael Woods. COMMISSIONER TOM WILSON WITHDREW HIS MOTION. Motion by Vice Mayor Vernon Burton to send back to the Historic Preservation Board for further consideration the Certificate of Appropriateness for New Single Family Residence at 376 W Park Street and the Certificate of Appropriateness for New Single Family Residence at 351 W Delaware Ave. Second by Commissioner Michael Woods. MOTION CARRIED UNANIMOUSLY. ITEM 8b: LEGISLATIVE Second and Final Reading of Ordinance Annexation for Laura and Arthur Winkle at 100 North Avenue No exparte communications disclosed. City Attorney Scott Simpson read the title of Ordinance : AN ORDINANCE OF THE CITY OF LAKE HELEN, FLORIDA, ANNEXING BY VOLUNTARY PETITION PROPERTY LOCATED CONTIGUOUS TO THE CITY OF LAKE HELEN IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION , FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF LAKE HELEN TO INCLUDE SAID PROPERTY; PROVIDING FOR FINDINGS; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF ADMINISTRATIVE OFFICER OF VOLUSIA COUNTY AND WITH THE DEPARTMENT OF STATE; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AND THE TAKING OF ADMINISTRATIVE ACTIONS AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Commissioner Tom Wilson to approve the Second and Final Reading of Ordinance Annexation for Laura and Arthur Winkle at 100 North Avenue. SECOND by Commissioner Jim Connell. MOTION CARRIED UNANIMOUSLY. ITEM 8c: LEGISLATIVE Second and Final Reading of Ordinance Future Land Use Map Amendment for Laura and Arthur Winkle at 100 North Avenue No exparte communications disclosed. City Attorney Scott Simpson read the title of Ordinance : AN ORDINANCE OF THE CITY OF LAKE HELEN AMENDING THE COMPREHENSIVE PLAN AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY R (RURAL) INTENSITY TO CITY RR FOR 6.01 ACRES OF CERTAIN REAL AT 100 NORTH AVENUE ( ), LAKE HELEN, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COMMISSION, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. City Commission Meeting Minutes: October 11, 2018 Page 4 of 6 P.O. Box 39 Lake Helen, Florida Telephone (386) FAX (386)

71 City of Lake Helen City Commission Minutes MOTION by Commissioner Tom Wilson to approve the Second and Final Reading of Ordinance Future Land Use Map Amendment for Laura and Arthur Winkle at 100 North Avenue. SECOND by Vice Mayor Vernon Burton. MOTION CARRIED UNANIMOUSLY. ITEM 8d: QUASI-JUDICAL Second and Final Reading of Ordinance Rezoning for Laura and Arthur Winkle at 100 North Avenue No exparte communications disclosed. City Attorney Scott Simpson read the title of Ordinance : AN ORDINANCE REZONING 6.01± ACRES LOCATED AT 100 NORTH AVENUE FROM COUNTY A-2 TO CITY SFR-R (RURAL); PROVIDING FOR A QUASI JUDICIAL PUBLIC HEARING; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. MOTION by Commissioner Tom Wilson to approve the First Reading of Ordinance Rezoning for Laura and Arthur Winkle at 100 North Avenue. SECOND by Commissioner Jim Connell. MOTION CARRIED UNANIMOUSLY. ITEM 8e: LEGISLATIVE Second and Final Reading of Ordinance Annexation for Francis Malinowski at 1025 Ohio Avenue No exparte communications disclosed. City Attorney Scott Simpson read the title of Ordinance : AN ORDINANCE OF THE CITY OF LAKE HELEN, FLORIDA, ANNEXING BY VOLUNTARY PETITION PROPERTY LOCATED CONTIGUOUS TO THE CITY OF LAKE HELEN IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION , FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF LAKE HELEN TO INCLUDE SAID PROPERTY; PROVIDING FOR FINDINGS; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF ADMINISTRATIVE OFFICER OF VOLUSIA COUNTY AND WITH THE DEPARTMENT OF STATE; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AND THE TAKING OF ADMINISTRATIVE ACTIONS AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Commissioner Michael Woods to approve the First Reading of Ordinance Annexation for Francis Malinowski at 1025 Ohio Avenue. SECOND by Vice Mayor Vernon Burton. MOTION CARRIED UNANIMOUSLY. ITEM 8f: LEGISLATIVE Second and Final Reading of Ordinance Future Land Use Map Amendment for Francis Malinowski at 1025 Ohio Avenue No exparte communications disclosed. City Attorney Scott Simpson read the title of Ordinance : AN ORDINANCE OF THE CITY OF LAKE HELEN AMENDING THE COMPREHENSIVE PLAN AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY R (RURAL) INTENSITY TO CITY RE FOR 3.85 ACRES OF CERTAIN REAL AT 1025 E. OHIO AVENUE ( ), LAKE HELEN, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING City Commission Meeting Minutes: October 11, 2018 Page 5 of 6 P.O. Box 39 Lake Helen, Florida Telephone (386) FAX (386)

72 City of Lake Helen City Commission Minutes COMMISSION, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. MOTION by Commissioner Michael Woods to approve the Second and Final Reading of Ordinance Future Land Use Map Amendment for Francis Malinowski at 1025 Ohio Avenue. SECOND by Vice Mayor Vernon Burton. MOTION CARRIED UNANIMOUSLY. ITEM 8g: QUASI-JUDICAL Second and Final Reading of Ordinance Rezoning for Francis Malinowski at 1025 Ohio Avenue No exparte communications disclosed. City Attorney Scott Simpson read the title of Ordinance : AN ORDINANCE REZONING 3.85± ACRES LOCATED AT 1025 E. OHIO AVENUE FROM COUNTY A-1 TO CITY SFR-RE (RURAL ESTATE); PROVIDING FOR A QUASI JUDICIAL PUBLIC HEARING; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. MOTION by Commissioner Jim Connell to approve the Second and Final Reading of Ordinance Rezoning for Francis Malinowski at 1025 Ohio Avenue. SECOND by Vice Mayor Vernon Burton. MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: Mayor Daisy Raisler adjourned the October 11, 2018 Regular Meeting of the Lake Helen City Commission at 10:36 pm. City Commission Meeting Minutes: October 11, 2018 Page 6 of 6 P.O. Box 39 Lake Helen, Florida Telephone (386) FAX (386)

73 City of Lake Helen City Commission Minutes Special Meeting October 25, 2018 at 7:00pm City Hall City Commission Chambers 327 S. Lakeview Drive, Lake Helen, Florida Mayor Daisy Raisler Vice Mayor Vernon J. Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell Interim City Administrator Becky Witte City Attorney Scott Simpson CALL TO ORDER: Mayor Daisy Raisler called to order the October 25, 2018 Special City Commission Meeting at 7:00 pm PRESENT: Mayor Daisy Raisler Vice Mayor Vernon Burton Commissioner Tom Wilson Commissioner Michael Woods Commissioner Jim Connell Rick Mullen (Public Works) Jason Lawrence (Finance Manager) Interim City Administrator Becky Witte CEREMONIAL MATTERS: Legislative Prayer and Pledge to the Flag led by Vice Mayor Vernon Burton. ITEM 1: Additions, Deletions and Modifications to the Agenda ITEM 2: QUASI JUDICAL CERTIFICATE OF APPROPRIATNESS a: Certificate of Appropriatness for New Single Family Residence at 376 W Park Street b: Certificate of Appropriatness for New Single Family Residence at 351 W Delaware Ave Exparte communication: Commissioner Jim Connell conversations with builder, Mike Chinelli Mayor Daisy Raisler conversation with builder, Mike Chinelli about moving forward Discussion with input from Interim City Administrator Becky Witte, and Ariel Faith (Historic Design Consultant). MOTION by Commissioner Tom Wilson to approve the Certificates of Appropriateness for New Single Family Residence at 376 W Park Street and New Single Family Residence at 351 W Delaware Ave as recommended by the Historic Preservation Board and depicted in the attached renderings. SECOND by Vice Mayor Vernon Burton. MOTION CARRIED UNANIMOUSLY. ITEM 3: Discussion of Water rates Introduction by Interim City Administrator Becky Witte and presentation by Finance Manager Jason Lawrence. Commissioner Michael Woods arrived at 7:26PM. Discussion with input from Finance Manager Jason Lawrence, Rick Mullen (Public Works), Kent Titcomb (Lemon Ave), and Craig Wickham (Lemon Ave). Consensus for option 3. ITEM 4: Discussion of Gateway Historic Style Guide and Certificate of Appropriatness Process Presentation by Ariel Faith (Historic Design Consultant). Discussion with input from the Commission, Ariel Faith (Historic Design Consultant), and Interim City Administrator Becky Witte. ITEM 5: Discussion of City Meeting Schedule Presentation by Interim City Administrator Becky Witte. Discussion with input from Finance Manager Jason Lawrence, and Interim City Administrator Becky Witte. Consensus to meet twice a month. Consensus for Option 2 of the meeting schedule: 4 th Wednesday of the month. City Commission Agenda: October 25, 2018 Page 1 of 2 P.O. Box 39 Lake Helen, Florida Telephone (386) FAX (386)

74 City of Lake Helen City Commission Minutes ITEM 6: Commissioner Compensation Presentation / Introduction by Commissioner Tom Wilson. Discussion with input from Commission, Interim City Administrator Becky Witte, Finance Manager Jason Lawrence, Joe Hammett (Lakeview Dr.), Alan Cooke Jr (Pleasant Dr), and Rhonda Janitch (Birch Ln). Consensus to ask for a resolution to raise the salary by $5, ITEM 7: Interlocal Service Boundary Agreement Map Proposals Presentation / Introduction by Interim City Administrator Becky Witte. Discussion with input from Commission and Interim City Administrator Becky Witte. ITEM 8: Public Forum: None ITEM 9: COMMISSION / STAFF DISCUSSION 9a: Interim City Administrator Becky Witte: Water Symposium, Police Car, Market In The Park, Golf Carts, Organizational Meeting, PLDRC Mitchell Brothers Sports Complex, Agreements. 9b: Zone 1: Commissioner Tom Wilson 9c: Zone 2: Vice Mayor Vernon Burton 9d: Zone 3: Commissioner Michael Woods 9e: Zone 4: Commissioner Jim Connell 9f: Mayor: Mayor Daisy Raisler ITEM 10: Closing Remarks / Adjournment ADJOURNMENT: Mayor Daisy Raisler adjourned the October 25, 2018 Special Meeting of the Lake Helen City Commission at 10:24 pm. City Commission Meeting Minutes: August 9, 2018 Page 2 of 2 P.O. Box 39 Lake Helen, Florida Telephone (386) FAX (386)

75 City of Lake Helen Commissioners' Financial Report For the 1 Month(s) Ended October 31, 2018 Total Revenue Total Expenditures Variance General Fund $ 836, $ 118, $ 718, Utlity Fund 53, , (8,679.06) Over budget Stormwater Fund - 1, (1,470.03) Over budget Donations SubAccount CAC SubAccount 1, , See below. Totals $ 891, $ 181, $ 709, , Total Revenue - 1, $836, General Fund Stormwater Fund CAC SubAccount Budget Analysis: As of the end of October we are 8.3% into the fiscal year. Utlity Fund Donations SubAccount General Fund. The City is beginning the fiscal year in good standing. Interfund adjustments for interfund payments between the General and Utility Enterprise Funds, the receipt of CDBG grant reimbursement, and intergovernmental/shared revenues comprise the bulk of what the City received during October. Revenues will increase substantially during the remainder of the first quarter, as well as during the second quarter as the City receives the first of its first ad-valorem taxes. Further adjustments may be made as Staff continues its FY 17 closing in preparation of the audit. Unrecorded Expenditures. Due to the date in which this report must be produced, there are expenditures that occurred in this month s reporting period that are not yet available for this report, because we have not yet received all of the month s invoices. The cash disbursements report does reflect, however, all payments of cash that occurred during the month. Prepared by Jason J. Lawrence 11/1/2018 Page 1