1F 6 2

sm

FEsr aeskie

o FyORDINANCE NO 2014 21

AN ORDINANCE OF THE CITY COMMISSION OF DELANDFLORIDA CHANGING THE ZONING FROM TWELVE OAKS PD TOGATEWAY EAST PD PLANNED DEVELOPMENT ON PROPERTYLOCATED NORTH AND SOiJTH OF STATE ROAD 44 WEST OFINTERSTATE 4 AND SOUTH OF LAKE WINNEMISSETT APPROVINGA PLANNED DEVELOPMENT PLAN CONSISTING OFAPPROXIMATELY 6508 ACRES OF PROPERTY MAKINGFINDINGS OF CONSISTENCY WITH THE COMPREHENSIVE LANDUSE PLAN FOR THE CITY OF DELAND DIRECTING CHANGE INTHE COMPREI3ENSIVE ZONING MAP PROVIDING FORSEVERABILITY AND AN EFFECTIVE DATE

WHEREAS the Applicant Astrid De Parry on behalf of DEPROP LLC hereinafterreferred to as Applicant is the authorized agent of the owner of 6508 acres of land

located north and south of State Road 44 west of Interstate 4 and south of Lake Winnemissettwhich is more particularly described in the legal description attached hereto as Exhibit A andby this reference made a part hereof and

WI3EREAS the Applicant has applied for a change of zoning designation from TwelveOaks PD to Gateway East PD Planned Development Distnct and

WHEREAS said rezoning as a PD District is consistent with both the ComprehensivePlan and the purpose and intent of Section 3332 of the Code of Ordinances of the City ofDeLand the Code and

WHEREAS the Applicant has submitted an application for the approval of adevelopment plan in order to change certain development standards for the property described inExhibit A hereinafter the Property or the Project and

WHEREAS the proposed development plan meets or exceeds the minimum conditionsand standards for the PD District with respect to minimum development size perimeter setbackscomprehensive plan consistency internal compatibility external compatibility open spacessidewalks environmental constraints internal access and circulation external transportationaccess offstreet parking public facilities and unified control and

WHEREAS tle proposed development plan is consistent with the Gateway land usedesignation

NOW THEREFORE BE IT ORDAINED BY THE CITY OMMISSION OFDELAND FLORIDA

Section 1 The City Commission has held a public hearing to approve the change ofzoning from Twelve Oaks PD to Gateway East PD Planned Development District on theproperty located north and south of State Road 44 west of Interstate 4 and south of LakeWinnemissett

Section 2 Pursuant to the determination made at public hearing the City Commissionhereby amends the Comprehensive Zoning Map of the City to include the land described inExhibit A as the Gateway East PD Planned Development District

Section 3 The zoning of the Property as PD Planned Development District is madepursuant to Section 3332 of the Code and the development of the Property shall take place inaccordance with that Section and in substantial compliance with the Development PlanAgreement Maps and other supporting documentation submitted by Applicant which shall be

yiwa bSka a yfs 35m s

filed and retained for public inspection in the office of the City Planning Department andconstitute a supplement to the official Zoning Map of the City

Section 4 The approved Development Plan for the Gateway East PD PlannedDevelopment District including the Development Plan Agreement Map and other supportingdocumentation on file with the City Planning Department are attached hereto as ExhiitBand by this reference made a part hereof

Section 5 The failure of the approved Development Plan to address a particular permitcondition term or restriction shall not relieve the Applicant of the necessity of complying withany law governing said permitting requirements conditions terms or restrictions as same maybe amended or enacted from time to time in the future All current land development regulationsof the City are applicable to the PD District except to the extent that they conflict with a specificprovision of the approved Development Plan

Section 6 At the time of development the Applicant shall comply with all relevantbuilding codes and development standards contained in the Citys Code of Ordinances or in theDevelopment Plan provided however that the development standards contained in the adoptedDevelopment Plan shall supersede comparable standards contained in the Code of Ordinances

Section 7 Pursuant to Article 5 of the Citys Land Development Regulations theApplicant shall comply with all applicable infrastructure regulations

Section 8 The City Engineer Planning Director and Building Department are herebydirected to change the Comprehensive Zoning Map of the City of DeLand to conform with thechange of zoning enacted in this Ordinance

Section 9 If any section sentence clause or phrase of this Ordinance is held to beinvalid or unconstitutional by any court of competent jurisdiction that holding shall in no wayaffect the validity of the remaining portions of this Ordinance

Section 10 This Ordinance shall become effective immediately upon its adoptionr

u DILX ADOPTED this 20 da of O to r 201rw k Mik i i t

ey L 1p rt A n

dqM1k i 1 JV ti

i rrr r4i F

Y f Robert F Ap asrMayor Commissioner

An Yi 2y

ir

k M

r n s

w y2a ierissyy iiditar

Y i

Pasdon firtrading August 18 2014Adopteel on second reading October 20 2014

1 A TOIC D LEGALITY

Darren J Elkind

City Attorney

3kas

r

Q a

EXHIBIT A

GATEWAY EAST PROPERTY YrTFORMArrnN

Parcel ID

Parcel5 701300000013 4093 West ofT4 South of SR 44aka Parcel G 711800000040

711800000050

Parcel6 701300000012 241 S West ofI4 North ofSR 44aka Parcel h 711800000050

6508

T1WP DocslDePrap LLC1City ofDelBnd ApplicationslExMbitA GaCeaay Bast Properiy Infamationvupct

fr

m

c tia

P

ca n

a n

an aW

erM1

a

f

0c

r

o 9at

C

N 4

w

e z8 d IAp

asrrra l i 6

r J soa

v9a 4 e v

s a

y

i

rtemranav

A PMLL QF LIND 117 pd SEiiQi1J 7GMN5fi 17 SOilTR RANGE 30 FASTMlD SEC1fGN f 7tWMSHfP 1T5011TtL RANGE 31 ELST VaI115YA COLpdT1 FLORA MORE PAR7lClAAItYDAS

F04t A POINT OF REFEFlIf BEOIW Af Tt S01ItJJ15T CORNER SECADN T3 TGMNSIIP i7 OUIIRWfiE 30EAST VGl1SUl COilM1 FLQRIDk TFNNL iP1M NQR7H 88064 MF37 ALQNB il SOUifI LlIE OF TNESWTHAST 7j4 OF SA SECilOAt t A DtSTAM QF f6B9 r ro Ponr au nEasrR1GHTGFIYAYL Of EVJONIED L10f1NTY ROAG 4138 7FlENLE R1Xr NOR7N l857t6 MF3t NaMG SIYDElS7EtIYRlqiTOFWAYLIE OF REAUGNEV ClK1Y RDAD 41J A Ol5ANG OF 16f52 FEFf 7D A POMT OFp1RVA11dE OF A CUiVE CONAYE EtSTFRLY FIANNC A RADNS OF 567f1 FEE7iHENCECOJTNfUNG AlONGSAID EASIERIYRKfiTQFWAY lJf dIi4UGNEL COM7Y RQM 41J8 RUN AtpIG 1FIE IRC OF SAID Cl1RYETHRDUI A CFMRAL ANOLE OF 2iil4b6 FDR A LDJG7H OF TZ651 FEET 10 7FE IMHt5EC710N OF SIIIDEtSTtR1YRIfTQFWAYL1E OF REAU01ftfi17Y ROEAD 41J9 NrD THF SDU7RLY RIGHTOFIYAY LRIEOF 5TA1E ROM M SND PWNT 8E1NG A PCIIKI ON A tNtVE COhtCAYE NORiN1YE57ERLY HANNG A RADfilS QF31f6o8 AMO A LYiOVm NF11CH BEARS NOR7F d5n028 EAT A DlSfNVCE Z268f Ft7 7NENCE RfMIALOIVC SMC SOUTHfRLY RfGiTOFIY1YLNIE OF 5TA1E ROAD 44 M 7HE ARC Of SND CURVE 7HROU4 ACFNTRAI ANfiLE OF 434Q66 FGR A LFJMG7F OF 239453 FEEI 7D A PaN7 OF fAAlOEHCt T1NLI1N NORTN63D33D EAST ALONG 50IJTt1iLY RlGMTOFWALIA QF STA1E RGuW 4h A OYS7ANCE OF 982f1 fFfT TD7F INTERCTION OF SOtTFfERtY MGHYOFWAr laNE OF StATE RQ4D 44 AA 1F LYRICHiOIWAYLMTE OF W7ERSTiTLHIGNWAI i 7FN RIiN ALQAtG SIIID NES7E7URIONTWAI LME OF MrTSTATEfllGHWA1 4 7Fff FqLL01NMG 5f 6 DOI RlNd SOI17H2540EISI A WSTANCE OF 93ti FEFI iU AFdNT QN A NQNTANGNTCURIECQIVCAYEE4S7fRlYHANNGARMRIS OF 54000 FEEf MID A tfORD WHICFBE11R5 501J1H 2675b EA5T A D15TANCE OF iZ613 ffT iHFJCE RIMf At01iC1f ARC OF 5NA CUiYETFlROIXiIi A CENTRAL MIGLE OF 1324F1t A LENGJH OF f2642 FEET 7G A PpNT OF TiWQa1C1 1NETICRUM SOU7H 330734 EAST A DlSTANCE OF 3ZQD0 TD A PdNT Qr CURVA7tIP AF A fXIRYE CANCAVENESTQtLY HA41NG A k4DilUS OF 37000 Ff TFIONf RUhI ALONG 11 ARC gAID fXlRME TtiR0U0iACEMRAL ANGLE OF b29Zt FDR A LpIGiFI A 3J611 fEET 70 A P09dT QFf1POIMD CtJRVATURF A

WRYF CONCAVNC4THWE57EiitY NANNG A RMRlS OF 63000 ET itIE7VC RIMf 14LOM 7FlE ARC OF SAtDtXRYF 1HROtlGN A Lt7f1RLt ANGLE OF 531f5 FqR A tFNCM OF 6Q70 FEET 1i7 A PaWT OF TANOENCITNENCE RUN SOUTN 2428tiJ2 MESr A 0lSTANCE GF i6230 PEET TD A POWT ON 7NE 50dITN Lif OF iNESl1N15T7f4 OFSCTfON 1 TDNNSFIlP f7 SDl1TFd RMtGE Ji EAST VOIWSIA COVJNTY FLORtDA if1FNCE RtlN90UTH 887338 WEST AtONG SAID 9W7H LME DF 7f 50URiNESf 14 OIF SEC71aJ f A DlSTANCE OF9680A8 FEtT TG TFlF POfNT QF BEGANMN

CONTAIMNO 4093 ACRR MlWaE OR LEa

suarrnatos

7 No undsrpround tratailotlers or knprovernenla tndudNp but not Amted to burkd eabsa 8ubaurfoceutAltte Tamdotionsfooters ar burioi atlse werc loeatea arcopt aa hown

2tilaprp1asbjsct to necrorded or unroesrafed ogroerner oansnt excptbrntrosavotbn and rstrtetiona lf ony nhklf may or may not peor In the Pqe Recarda of OrpatanYF7orIda

3 The 6earinya own bmeon are bossd on the 5outh llne of the 5otrtheaet 9 of Sectan 1 Tonnsp 17South RanQe 30 Eost as befnp Nor 881D641 Meat m ouumsd 6earfQ

7hie 5kefich afOsriptfon doea not tronstftute o boundysuney oa wch

e

BKETCi ON 81ET 1 OF sscar oF e

PRPonmrrox

ooDA7Eota3bs SCAE r

PROJECT 05ooao traosa

nFSrhwJD CNECKID ALQ A7E REENolrs uossaotna aasaaw

s

o

eaFSFxRlt

I

11

f

R

f

t

11

o

ia

1

a

A

Z

q

A

1

N

i

4e

3T730

61285

Yi

f49ee

75

C

t

i

OS

O

81731

n

t0

ro y p

p

rs

a

tie

c

r r

p py

@

ry

9

y

zas

asr

tapa

n

ha

1Fc7w

i

t st s Fh r3

r sf 4

ccemaanar

A PhRCEI OF LAND LYdfGMiION 1 7DNNdP 77 SOlTF RMGE 30 EAST Mfp SECTIpN 1 DMN9P 17SOU7H RAAIG Tf EAST YILl151A COUINTY FLGWDAIIORE PAR7JfHAIQL7 A

Fdt A POlNT OF 8E7RENf fa41WEMCE AT THE 510U7FlEA5T CQRR C710N 13 TDN7 i7 SDUI RAMf3o EAST VCCU9A caJN7Y F7Ottt Alm RuN NOR7ff otl694 115T ALONG 1NE EAST tWE dF 7FSOI1TliFASTt4 OF SAID ON A 01S7ANl OF 67265 FEET 7D A PdNT dd 7f NOR7iR1YRrtlTOFIVAY LMIE QF STAiE RQAD Mb SAIa PINT 6EiAlG A POVT QN A dJRYF COhttCAVE 1D 7t NORTiF1AV1N6 A RADIiS OF21f FEET MID A QiGRa MMCH BEARS NOIRIN 8S3Cf3 MF37 FC7RAISTiWf OF1Tl56 fEFT SAID POYNT AIS1D AJG 7if PqNT OF pAt4 7NENCE DEPAR7ING SAID EASi IJt QF TiiESOUiFlEAST 14 DF SE71QN 1J RifiV AOING SAID NQRIHYR16NTOFNAYLME AI 7HE ARC OF SASAIDN IdWA SfA1E M TFrSOU71151ERLY RIGIiTLWE OlQI STA7E ROAD 4 7HEiVCE RUN ALONG SAID SOL7HEAS7ERtYRlGHTOFWAY lJf OF OLD ST47E RQAD 441NE F1711011iF1G NINE 8 CDIA RiIA kqt1N f37ZR2 EAST A DfST OF 10a4 FEET 1D A POfr OFd1RYA7URE OF A Ct18VF CQNCAYE TG 7HES1Tt1EASfHAVlNG A RADIUS OF 2f327 fF7 7tE7VL RLKV AtGNG1HE ARC OF SAfD CURVE 7FWON A CEMRILL MfGLE QF 641DO fGR A LENGTH OF Y2D60 FttT 1G APQMf OF REYERSCRVATNRE OF A QAt1 CONGIVE TD TNE NaRTHME37 HAVING A RADIUS CF 62ZD3 FEFTTFIE RUN ALQMG 1HE MC OF SAD dIRVE Tftlt011Gfl A CNIRAL ANdF OF 124645 FOR A LEFIGi OFf3B64 FEfT THtTft RM NORTH Z543b3 NE3TATNVCE 92t FEET TO A POJT GM A CURVECANCAI Tti 71 NOR7FJWEST HAYWC A Ii1dUS OF 6f37Z 47 AND AIQRD NMNG7 BEARS NORTH B05i03EAST FGR A DISTANC OF 747 FE THEVi RUN ALqVG IHE AR GF SfiVE TFIRdlllA CEJiRALANdE OF 65148 FGfi A LE7JGTi1 OF 7352 FkFf TD A POMIT 0 TANGNC1 7NENL RlN NOR7H 877508EAST A DJSTANG OF 2ff6 FFT 1i A Pf6dT QFCkiVANRE QF A CURVF CaVGVE TD THE S011T1ATHANNG A RAOlUS Q 8f542 FEFT 7fffi7UL R1 ALQNC 7tlE ARC QF SAIQ CIJiYF TFGtOiJCN A CEiVTRAL MfGlOF 313J25 fOiR A 1DVGi1i 50t19 FEEf 7p A PaM OF TANGEA1TFAfGE RUN MQRTH BBSB4 EASTA DISTANG OF 64445 FEET TNENCF RINV NOR7li 89qQ34 EAST A D15TANG QF 1512 FET fD A POINT ONTHE Af01REAfENiOIVEDEASf UNE OF HE SOUTHEAS 14 GF SEGTiON 1 7DM1VSFaP 17 50l7FL RANGE 0EASf TiIENLE DEPARIINC SA SOUTFAS1FRtY GH70FWAY LINE OF OLD STATE ROAD 44 RUN SOt7HOi1814 EASf NON6 SAD EAST UYE OF THE SOIliiST 94 QF SEC7lQN 13 A DlSTMtCE OF 417A5 FEFT

4f5 FET TD PO1NT ON iHE AFGRE1Ydi10NED NOri7tLYRIGYif0WA STATEROD 44 TFlENQE RUif SOU1i Of4614 EAS7 A WSTANCE QF 5886 FFfT TO A POINT QN A qiVF CONCAIT THE NQftTHAYING A RADUS OF 29Y011 FFT AMD A CHORD WMCH BEARS SOUTN BenSf41lST ADfSTANCE OF 44i83 FEE7 THENCF RIA1AOIMG Ti1E ARC OF SAfD ClRYE TFIRIKH A CafRAI ANGLE OF84039 FVR A 1NNG1H OF 44Z25 FEET 7D THE PalNT OF EEQNMAICCONTi4MbNG 2t5A AIO OR LESS

SlRVEYnR N07FSe

1 No undnd sldlvthna or trnprorwnsnte lndudlnp but not Ifmfted t 6uaied cobta subssloceuiRIe foundotlanalooters or burJd t18ea nre locat axxpt aa wim

Thls properly ta ayb to recarded or unrceoded oprsemant aaoeement ezcepthrtq soarsntsmvnti a ard 4 tf ax rh moy or mny not appa b the Pu6lfc Recorda af Oronge Countyflorida

The beotinyr shown hnon are 6ased on fhe Eaet lls of ths Seutbct 14 of Setkn i 7ornahp 17Sout Raips 30 Eos as bekp Soufh Of4C14 Eoa an aswmed 6sortng

4 7bfs cetch of Deaerptlon does not rontitute a boundary wrvey os such

61TCH I SlIEBT 1 OF SEall 8 OF z

PREPARED FDRairrromtrs

dAQ 5 ODRMRPROcr oaonooc rmoco

bcrrwm cxcaa ca Rsavs

EHIBIT B a

z s r1 PLANNED DEVELOPMENT AGREEMENT s

2 IN THE CITY COMMISSION OF THE

3 CITY OF DELAND FLORIDA

4 IN RE Case Application of

5 DeProp LLC

6 ORDINANCE oDl7 to be Provided After Commission Approval

8 ORDER AND RESOLUTION

9 GRANTING A REQUEST FOR CHANGE OF ZONING FROM TWELVE OAKS PD

10 TO

11 GATEWAY EAST PD PLANNED DEVELOPMENT

12

13 The application of DeProp LLC hereinafter Applicant for rezoning was heard by

14 and before the City Commission DeLand Florida on August 18 2014 Based upon the

15 verified Application and other supporting documents maps charts overlays other

16 evidence and instruments the advice report and recommendations of the Community

17 Development and other Departments and agencies of DeLand Florida and the testimony

18 adduced and evidence received at the Public Hearing on this Application by the Planning

19 Board on July 16 2014 and otherwise being fully advised the City Commission does

20 hereby find and determine as follows

21

Page 1 of 18

r3k 5 gsbsi s g3 F ra3 t 34 a

se4

1 GENERAL FINDINGS

2

3 A That the application of DeProp LLC was duly and properly filed herein on

4 May 19 2014 as required by law

5

6 B That all fees and costs which are by law regulation or Ordinance required to

7 be borne and paid by the applicant have been paid

8

9 C That the applicant is the owner of a 6508 acre parcel of land which is

10 situated in DeLand Florida This parcel of land is described more particularly in the survey

11 and legal description a true copy of which is attached hereto as Composite Exhibit A

12

13 D That the Applicant has complied with the Due Public Notice requirements of

14 the City Commission Land Development Regulations Ordinance 201311 as amended

15

16 E That the owner of the property DeProp LLC agrees with the provisions of

17 the Development Agreement

18

Page 2 of 18

fse arEer

y

1 FINDINGS REGARDING REZONING

2

3 A That the Applicant has applied for a change of zoning from the present

4 zoning classificationsof the parcel described in Composite Exhibit A from Twelve Oaks

5 PD to Gateway East PD Planned Development

6

7 B That the said rezoning to Gateway East PD is consistent with both the City of

8 DeLand Comprehensive Plan Ordinance 199004 as amended and the intent and

9 purpose of the City of DeLand Land Development Regulations Ordinance 201311 as

10 amended and does promote the public health safety morals general welfare and orderly

11 growth of the area affected by the rezoning request

12

13 NOW THEREFORE BE IT RESOLVED AND ORDERED BY THE CITY OF

14 DELAND FLORIDA IN OPEN MEETING DULY ASSEMBLED IN THE CITY

15 COMMISSION CHAMBERS 120 SOUTH FLORIDAAVENUE DELAND FLORIDA THIS

16 public hearing dafe DAY OF AD AS FOLLOWS

17

18 A That the Application of DeProp LLC for the rezoning of the subject parcel is

19 hereby granted

20

21 B That the zoning classification of the subject parcel described in Composite

22 Exhibit A attached hereto is hereby amended from Twelve Oaks PD to Gateway East PD

23 as described in Article VII of the City of DeLand Land Development Regulations Ordinance

24 201311 as amended

Page 3 of 18

1 C That the Official Zoning Map of the City of DeLand is hereby amended to

2 show the rezoning of said parcel to Gateway East PDaw

3 sF r7 e

4 D That the City of DeLand Land Development Regulations Ordinance 2013 ry4 w

5 11 as amended is consistent with the provisions of the Development Agreement as as

6 hereinafter set forth in this Ordinance and with respect to any conflict between Land Y

fi

7 Development Regulations Ordinance 201311 as amended and the Development

8 Agreement the provisions of the Development Agreement shall govern Ordinance

9 201311 rrded shaii gcvern with respeci to any matter no covered by the

10 Development Agreement The City of DeLand will ensure overall compliance with this

11 Ordinance

12

13 E Unless otherwise provided for herein the City of DeLand Land Development

14 Regulations Ordinance 201311 as amended shall apply to the PD in the same manner

15 as the R16 and C2 zoning classifications provided however that the maximum

16 residential density in the combined Gateway East PD and Summit Place PD shall not

17 exceed 480 multifamily dwelling units

18

19 F Nothing in this Ordinance shall abridge the requirements of any City of

20 DeLand Ordinance other than Ordinance 201311 as amended Timing and review

21 procedures contained in this Order and Resolution may be modified to comply with the City

22 of DeLand Land Development Regulations Ordinance 201311 as amended Further

23 nothing in the Development Agreement is intended to abridge the requirements of

24 Ordinance 201311 as amended and any other City Ordinances

Page 4 of 18

viaeL a

m k

1 DEVELOPMENT AGREEMENT

2

3 A Development Concept The property shall be developed as a PD

4 substantially in accordance with the Planned Development Plan as defined below The

5 Planned Development Plan shall govern the development of the property as a PD and shall

6 regulate the future land use of this parcel

7 The purpose and intent of Gateway East PD is to create a scenic entryway to the

8 City of DeLand along SR 44 with a balanced mixture of urban land uses to protect and

9 enhance the natural and built environment The goal is to attract a mix of highquality

10 office retail residential and ancillary support commercial uses so that complementary uses

11 can be located in close proximity to facilitate walking bicycling and the use of local roads

12 for trips from home to work or school and shopping

13 1 Planned Develoament Plan The Planned Development Plan shall

14 consist of the Development Plan Map prepared by Lassiter Transportation Group and

15 dated May 21 2014 and this development agreement The Planned Development Plan is

16 hereby approved and incorporated in this Ordinance by reference as Exhibit B The

17 Planned Development Plan shall be filed and retained for public inspection in the Planning

18 Department and it shall constitute a supplernent to the Official Zoning Map of the City of

19 DeLand

20 2 Amendments All amendments of the Planned Development Plan

21 other than those deemed by the Planning Department to be minor amendments as set out

22 in Ordinance 201311as amended shall require the review and recommendation of the

23 Planning Board and action by the City Commission in the same manner as a rezoning of

24 the parcel

Page 5 of 18

1 3 Subdivision Approval After the Planned Development Plan is

2 recorded and prior to any construction including clearing and landfill a preliminary andora

3 a final plat of the area to be subdivided shall be submitted for review and approval in theFn s

4 manner required by Article 13 of the City of DeLand Land Development Regulations u

w G95 Ordinance 201311 as amended

LLu6 4 Final Site Plan Approval For development activity that requires site

M

7 plan review and approval in addition to subdivision a Final Site Plan shall be prepared and n

8 submitted for review and approval in the manner required by Article 12 of the City of

9 DeLand LandvlapmrRegulatioosOrdinance 2a1311 as arnenddprior fo any

10 construction including clearing and mass grading

11 5 Easements for Public and Private Facilities Planning design and

12 construction of all connections and extensions to potable water sanitary sewer and

13 electrical power lines shall be the responsibility of the Developer and shall be reviewed and

14 approved by the City as part of the subdivision or site plan application process Nothing

15 contained herein precludes the Developer from seeking impact fee credits as allowed by

16 the City of DeLand or Volusia County Consistent with the applicable standards from the

17 City of DeLand all subdivisions or site plans shall make accommodations for the provision

18 of easements to the applicable maintenance agency Private systems such as stormwater

19 management areas and facilities shall be maintained by the property owner or a property

20 owners association Stormwater management areas and facilities may be subject to

21 easements required by the City of DeLand andorthe St Johns River VVater Management

22 District

23

24

Page 6 of 18

1 B Unified Ownership The Applicant or his successors shall maintain unified

2 ownership of the subject parcel until after issuance of a Final Development Order Plats3 or Final Site Plan Develo ment Order for anp y portion of the property proposed for k

CR o4 development in accordance with Paragraph L below o

5 rfi n

6mn P6 C Phases of Development The PD does not include any phasing athis time

7 but the Applicant reserves the right to develop a phasing plan for the project in the future wr

8 The expiration of this Development Agreement shall be ten years from the effective date of

9 thisardirceuisotirwisrrrddy frufure phasing pians Phasing pians for the

10 project shall be processed as amendments to the PD Development

11

12 D Land Uses Within the PD The following land uses shall be allowed as

13 permitted principal uses and structures along with their customary accessory uses and

14 structures

15 1 All primary uses and structures allowed in the R16 Zoning District

16 2 All conditional uses allowed in the R16 Zoning District except for

17 single family and twofamily dwellings

18 3 All uses allowed by special exception in the R16 Zoning District

19 except for golf courses and their related structures and cemeteries

20 4 All primary uses and structures allowed in the C2 Zoning District

21 except for hospitals selfservice dry cleaning and laundry mortuary funeral homes and

22 crematoriums used materials sales thrift or pawn shops boarding houses bowling alleys23 billiard parlors skating rinks and indoor recreational and amusement facilities swimming24 pool sales installation and service upholstering and reupholstering and commercial

Page 7 of 18

7di3wS ew E

1 parking lots g E

2 5 All conditional uses allowed in the C2 Zoning District except fortattoo

3 parlors and related uses wholesale bakeries automobile service station marine repair

4 towing and wrecker service flea markets and merchandising barns electrical gas

5 plumbing and HVAC salesservice outdoor advertising signs and shade structures

6 6 All uses allowed by special exception in the C2 Zoning District except

7 for automobile repair truck stops vehicle sales and rentals including new and used

8 automobiles boats motorcycles trailers and trucks retail sales of storage sheds

9 microwave radio telephone and television facilities and transmission towers and outdoor

10 advertising signs

11 7 Research and development facilities

12 8 Corporate headquarters

13 All of the foregoing uses shall be treated as permitted principal uses within the PD

14 notwithstanding their designation as conditional uses or special exceptions in the R16 and

15 C2 Zoning Districts

16

17 E Development Standards Unless otherwise provided herein all definitions

18 development standards or dimensional criteria shall be as set forth in the City of DeLand

19 Land Development Regulations Ordinance 201311 as amended Deviations from

20 minimum lot size or set back requirements may be required at the time of final site plan or

21 subdivision approval to protect environmentally sensitive lands and provide better

22 connectivity to pedestrian bikeway and vehicular access areas

23 The following shall apply to all development within Gateway East PD24

25 1 Existing natural topography and site features shall be respected or

Page 8 of 18

1 when modified shall improve the overali appearance of the site Extreme changes in grade

2 shall be avoided

3 2 Building design scale and details shall be such that architecturala w

m

4 interest is created from both the pedestrian and the vehicular street point of view Buildingww

I5 design shall be undertaken in a manner which excludes box and rectangular structures w

an

6 composed entirely of blank walls w

P

7 3 Variations in rooflines shall be used to add interest to and reduce the

8 massing of buildings Pitched or sloped roofs are the preferred method of covering a

9 building Roof features shall be in scale with the buildingsmass and complement the

10 character of adjoining andor adjacent buildings and neighborhoods

11 4 Spacing and siting of multiple buildings on a single site shall provide

12 for a variety of spacing between structures While architectural design continuity for

13 multiple structures on a single site is encouraged monotonous repetition of identical

14 structures on a single site shall be avoided

15 5 The following architectural styles are the preferred styles Classical

16 Revival Mediterranean Revival Colonial Revival Craftsman Bungalow and Commercial

17 Style Chicago School

18 6 Building mechanical equipment service delivery and work areas shall

19 be visually screened from pedestrian areas and from public view These areas shall be

20 located as far as reasonably possible from adjoining residential uses

21 7 All lighting shall be downward and of the full cutoff shield variety in

22 which the light source is recessed and shielded in a manner which prohibits upward light

23 overspill into the night sky except as otherwise permitted by the Land Development

24 Regulations Ordinance 201311 as amended

Page 9 of 18

1 8 Any fence wall or visual screen which is visibie from any public right

2 ofway shall be designed as an integral feature of the design of the principal structuree tl

3 expressing similar character through the use of materials colors ortextures excluding the

4 use of shade ctoth and woven slats a d

5 9 Accessory structures and uses shall be consistent in design character dy4

6 with the principal structure Outdoor storage areas shall be located behind the front faadeSY

I

7 of the main building and shall be fully screened from view from both vehicular and

8 pedestrian traffic from both side and front view vantage points by structural means

9 vegetative means or a combinationofeaihen berms and vegetfiionWtrereenigis

10 accomplished by structural means the structure shall be compatible in design and color

11 with the main building

12 10 All development shall meet or exceed the signage and landscaping

13 requirements for the Emerging Gateway District as described in the Land Development

14 Regulations Ordinance 201311 as amended

15 11 Nothing herein shall be deemed to relieve any development within the

16 Gateway East PD from complying with all applicable code requirements in effect at the time

17 of such development related to architectural appearance and design The requirements

18 set forth herein are intended to be in addition to any code requirements

19

20 F Environmental Considerations

21 1 The development shall comply with the requirements for preservation

22 of environmental resources as set forth in the Land Development Regulations Ordinance

23 201391 as amended The actual location and layout of the developed areas within the PD

24 property shall be determined during subdivision or site plan review as the case may be

Page 10 of 18

1 consistent with the requirements of Section L of this Agreement All required

2 environmental and ecological studies shall be completed forthe entirety of the PD property

3 as described in Exhibit A even if development is proposed for only a portion of the a

1

4 property prior to subdivision review or site plan approval if no subdivision review is

5 required hv aw ywy

6 2 Tree Protection Areas shall satisfy the requirement to preserve at least z

7 15 of the total project area within the Tree Protection Areas Gaps of sufficient width not

8 to be included in the Tree Protection Area calculations may be provided through the Tree

9 reio Area to a61o far acces betvven pulic right o vvay ard hvrius

10 stormwater retention areas in order to service and maintain said areas Clearance of

11 underbrush within the Tree Protection Areas shall be permitted as necessary to protect the

12 public health safety and welfare

13 3 Tree Protection Areas and required open space except roadway and

14 residential buffers and the areas protecting historic trees may be shifted between

15 Gateway East PD and Summit Place PD to provide greater protection forthe historic bald

16 cypress stand and associated wetlands surrounding Tatum Lake in Summit Place PD than

17 would otherwise be required by the City of DeLand Land Development Regulation

18 Ordinance 201311 as amended In the event of such shifting environmental and

19 ecological studies referenced in Section F1 of this Agreement shall be conducted for the

20 entirety of both PDs

21 4 All Tree Protection and Habitat Preservation Areas shall be maintained

22 by the property owners association

23 5 Special attention and effort shall be given to the preservation of the

24 Tatum Lake ecosystem

Page 11 of 18

a r e

cE QW

E o

2 G Sewaae Disposal and Potable Water Provision for sewage disposal and

3 potable water needs of the PD will be provided in accordance with the Comprehensive

4 Plan Ordinance 199004 as amended the Land Development Regulations Ordinance

5 200909 as amended and State of Florida Administrative Code 64E6

6

7 H Stormwater Drainaae Provision for stormwater retention shall be in

8 accordance with the Land Development Regulations Ordinance 201311 as amended

9

10 I Access and Transportation Svstem Improvements All access and

11 transportation system improvements shall be provided in accordance with the Land

12 Development Regulations Ordinance 201311 as amended The parcel shall be

13 developed in substantial accordance with the following access and transportation system

14 improvements

15 1 Access Specific points of ingress and egress to the site are generally

16 described on Exhibit B

17 2 Transportation Svstem Improvements Beresford Avenue is to be

18 extended from Blue Lake Avenue to SR 44 to reduce the amount of traffic on SR 44

19 Until construction of the Beresford Avenue extension has commenced total

20 combined traffic impacts from the Gateway East and Summit Place PDs shall not exceed

21 25537twoway daily external trips on a weekday basis This requirement shall be revisited

22 and potentially updated with the submission of the required Traffic Impact Analysis for the

23 entire Lake Winnemissett Gateway Corridor as specified in Policy f1462w of the City of

24 DeLand Future Land Use Comprehensive Plan

Page 12 of 18

1 3 Responsible Parties Priorto approval of development the Developer

2 shall submit a monitoringmodeling program for the combined Summit Place and Gateway tlRss

3 East PDs for review and approval by the City of DeLand and Volusia County If the parties da

4 cannot a ree as to the methodolo of the monitorin modelin stud the Cit of DeLand9 9Y 9 9 Y Y iA e

5 shall be final arbitera o

x

6 4 Reauired Transportation Impact Analvsis In accordance with the Lake

7 Winnemissett Gateway Corridor policies in the Future Land Use Element an updatedwy

8 Traffic Impact Analysis TIA shall be required when cumulative traffic generated by new

9 development occurring within the Gateway East or Summit Place PDs is projected to

10 exceed 1000 twoway daily external trips on a weekday basis per the requirements of

11 the River to Sea R2C TPO TIA Guidelines The City shall require that applications for

12 development approval within the Gateway East and Summit Place PDs include trip

13 generation calculations in order to project the amount of twoway daily external trips on a

14 weekday basis generated by the proposed development Trip generation and internal

15 capture rates shall be calculated in accordance with the R2C TIA Guidelines The City

16 shall monitor the trips gererated by development projects within the Lake Winnemissett

17 Gateway Corridor and shall require the completion of the updated TIA when the cumulative

18 existing vested reserved and projected trips exceed the limit of 1000 twoway daily

19 external weekday trips The calculation of existing vested reserved and projected trips

20 shall also include lands within the Lake Winnemissett Gateway Corridor that are not

21 subject to the Gateway East and Summit Place PDs

22

23 J Internal Roadwavs Internal access between uses developed in the Gateway

24 East or Summit Place PDs shall include travel lanes with sufficient width to accommodate

Page 13 of 18

1 bicyclepedesriantraffic as well as automobiletrucktraffic Access shall be accomplished

2 through dedication of public roads private ingressegress easements and crossaccess

3 easements Internal circulation between uses shall be encouraged as will be sharedc

4 parking arrangements between businessesuses within the PDs Planning design and mb wA a

5 construction of these elements internal to the site shall be required of the developer qp g6 seeking approval of the subdivision or site plan within the PDs Private facilities shall be @J

ii

7 owned and maintained by either the private landowner or property owners association if K

8 such an organization is created All public facilities will be constructed in accordance with

9 ity of DeLand standards

10

11 K Buildina or Propertv Owners Association The applicant shall create a

12 building or property ownersassociation The charter and bylaws of said association and

13 any other agreements covenants easements or restrictions shall be furnished to the City

14 of DeLand at the time of creation The applicant shall be responsible for recording said

15 information in the Public Records of Volusia County Florida Also the applicant shall bear

16 and pay all costs for recording all of the aforementioned documents

17 With respect to the enforcement of said agreements covenants easements or

18 restrictions entered into between the applicant and the owners or occupiers of property

19 within the PD the City of DeLand shall only enforce the provisions of the Development

20 Agreemen and City of DeLand Land Development Regulations Ordinance 201311 as

21 amended whichever is applicable and not the private agreements entered into between

22 the aforementioned parties

23

24

Page 14 of 18

1 L Comprehensive Compliance with Desicn Requirements This Planned

2 Development Plan does not include a detailed map depicting the overall layout of the

3 property location of uses access oints etc Prior to the issuance of an final An pp Y m w

w

4 development orders for the property and regardless of whether the first development n u

5 application for the property is a preliminary plat or site plan the City shall be entitled to Mai uA i y

6 require that such plat or site plan as the case may be will provide a layout for the entire w J

tln

7 PD showing general use locations access points and a general drainage design for theMia1

8 entire site even though such information may not otherwise be required by City Code In

9 the event that development is only proposed for a portion of the PD property lying solely on

10 the north side or south side of SR 44 then the aforesaid layout information may only be

11 required for that portion of the property lying on the side ofSR 44 on which development

12 is being proposed

13

14 M Reverter Provision The City Commission may rezone any portion of the

15 project which has not secured a final site plan or final plat approval on or before 10 years

16 from the effective date of this ordinance as may be necessary or appropriate to protect

17 adjoining properties or the public health safety and welfare unless the City Commission

18 for good cause shown shall extend the time period indicated in this paragraph

19

20 N Bindinq Effect of Plans Recordinq and Effective Date The Planned

21 Development Plan including any and all amendments shall bind and inure to the benefit of

22 the Applicant and his successor in title or interest The PD zoning provisions of the

23 Development Agreement and all approved plans shall run with the land and shall be

24 administered in a manner consistent with Article 12 of the City of DeLand Land

Page 15 of 18

1 Development Regulations Ordinance 201311 as amended

2 This Ordinance and all subsequent amendments shall be filed with the Clerk of then atl

3 Court and recorded within fortyfive 45 days following execution of the document by the

4 City Commission in the Official Records of Volusia County Florida One copy of ther

m m5 document bearing the book and page number of the Official Record in which the

FI E

6 document was recorded shall be submitted to the Planning Department for placement in swd

wa

7 the public file The date of recording of this document shall constitute the effective date of

8 the PD or its subsequent amendments The applicant shall pay all filing costs for recording

9 documents

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29 Page 16 of 18

Fxr aay a

k

x h

2 DONE and ORDERED by the City Commission City of DeLand Fiorida this

3 day of D 2014

4

5

6 ATTEST City Commission of DeLand Florida

7 ATTEST

8

9 Mic ael Pleus Robert Apgar10 City Manager Mayor11 f

12 STATE OF FLORIDA Je A Hennessy MMCCi Clerk Auditor

13 CITY OF DELAND

14

15 The foregoing instrument was acknowledged before me this day of

16 rYl 2014 by Michael Pleus and Robert Apgar as City

17 Manager and Mayor City of DeLand respectively on behalf of the City of

18 DeLand and who are personally known to me

19

20 NOTA Y PUB C STATE OF FLORIDA

21 tr Nar RY Ty rin N mfVOTARY pUBLIC

r22 STATE O LORilR

w VwlfreFVyp23 5 Commission i S

24 My Commission Expires 19 ao 5

Page 17 of 18

tz ssmerva

vgat g L

e x

12 WITNESSES

3 DeProp LLC45

6 By C7 rint Name tCNSI Aboud Samawi Manager8

9

10 I11 Prrnf Name o so

12

13

14

15 The faregoirginstrument was acknawledged before me thisl day af16 2Q14 by Aboud Samawi as Manager of DeProp

97 LLC who is personally known to me ar wha has produced

18 as identificaion

19

20

21

22 NTARY PUBLfC STATE CF

23 Type or Print Name

24

25 CommissE n

26 My Commission Expires s

27

28 i Revised October 94 2014 uplzonepd doc

9 p s osrow30 yE

M Attomey at Lawaryr Public State of OhiO

nission Has No Expiratlon31osoRc

32 o33

r F O

34

35 T1WP bocslDeProp LLC1Gateway EastGateway East PpA Final Draft3091614Cleandoc

Page 8 of 18

3a

qa

e

EXHBITA

GATEWAYEAST PROPERTY INFORMATION

arcel

Parcel5 701300000013 4093 West ofI4 South ofSR 44aka Parcel G 711800000040

71I80000OOSO

Parcel6 701300000012 241S West ofI4 North of SR 44aka Parcel 711800000050

6508

T1WP DocslDeProp LLCCity ofDeIend ApplicationsExhibitA Gatevvay Pmst Praperty Infmmationwpd

ah r zFoeim 3

G x

t a Ra

LE 4 ABHREVIATIIJmmawcrac

ar otueam nrc

re rmrt a nmarra iarr or sssvs vmo rnez

ai oiciwraia GURVE TABLEW Irt Q 1MT GI2VE RA6A1S CfiO Cl ITAK mt taTJL am 1

4W COf IYMP

iL fLTal

jl w 7RimROI

Li f1111E INIf1O1QAfmiN ID MVEORCL QW PC

GRAPHIC SCALER mrt 17RVI17INE

R 1 Q TNCT

iA SMiC II7

GR mK1T IW

IN 1476G ImliPRFIRT 1C

ffiZ4T1 fsush o 00 R

1COR8E f8EG tbfl0

1 rwwu

lr

Ft 44 e

i iecrqnraos

I IQB9CAQRE87aountu

eauna

sorao

faeoP08 ibECfi

IacisaTao r

I

AP aF DESCRIPT70N serr oF a

TM6 NOT A8lRYEY DE6lTtlON SET S OF

PREPAR FaRnos was kor auo nrour nsuarnReauearsao a

DRIIPo 0DATotnos SAtE

PROJECT o5o7tnoU p Di1t1ETr C vUICICirare

nrcrnuwm 11CIKFT1 dl f oVE1GiR M YAWR f61d1ncnnatnwtnatatam

z3st

ir

ez

n

EC4rsrnnaw

A PARL1 OF LMfD L17AtG M SELAQN 13 iDNNSHIP 17 SW7H RANQE 30 EASTAND SEC7lON i 7tWMSP 17SlTli RANGE 31 EiIST VaLUS1A COUN7Y FLORL MORE PARY0As

FGVi A PpNT OF RFfERTIG BE1UV AT 7HE SIXIIAST CQIER SECTipy 7 7pKTHIp 17 50U7N ftWGE 30EAST 137Lt1S1A faOUMY FLQRlD4 TFfLF RiNV NQR7N 8BGS4fMST ALON@ TNE SO1N L11E QF 7NE50UTHEASi 14 OF SAID 5ECIIAN A DlSTNVCF 16898 FEEf 70 A PQINT OtV 7NE EASTERlYRIGITOFWAYtNE OF RFAtIGNED C011NTY ROAD 4139 THF7VCE R9Mt MOIt7F f857YS MESi ALGNG SAIDEASTERLY RlfMOFWAY LME 1llpJ C011N7Y ROAD 4138 A D15TMlCE OF 16fS2 FEFf 7t7 A POMNT OFAURVi1NRE OF A CUtVE CANCAVE E4S7ERLY NAVlNG A RDlUS OF 5B7ff FEET 77NCE COWTGALdVGSAID EASEi2YlilfiTQFIYAYLXdE OIF RE4U CORI7Y ROAD 4138 R1N ALONG F ARC OF SAfD CURVE7HROUCH AfNTRAL ANGLE tlIF 2i44b6 FQR A LENGTN DF 72651 FEET 7L 1HE INTHtAON OF SAtDFi4STERLY

44 SAID POlNTC

a NGRiFINE57ERLY HAYING RAADIUS OIF31f6B8 MfD A LfiO WFfIQH BEARS NOR7i 83ti028 EAST A Dt57ANCE OF 232681 FEET 7NENG RrAVALONG SAID SOUTHERLY R1GNTGFIVAYLE OF STATE ROM 44 AIYD 7t ARC OF SAID tXAYE 7FIROUGN ACFJTR14L ANOLE 0 434D56 fDft A LDVGI QF 238453 FFFT TO A POINT OF TANfif7VC1 TftC RlnY NOPi7H63AS30 EAST ACONC SOUIHERLY R1GHTQFWAY LINE Of STATE ROUW 4 A WS7ANt RF 892f t FET TUTHE INTER9EC170N Of SOlJ7FFRLY RIdiTQFWAY LiNE OF STATF ROu4D 44 AND 11 M7ERLY RIGHTOWAYLNVE OF MfiERSTATE HIQHWAY 4 7NENLIE RUN ALQNG SAID IIE57EYJtrQNTQWAY LAVE OF INIERSTATEfIIGHWAY 4 TNE FOLLOIHNG 5Df 8 RUN SOI17H 265430 EAST A DtSTitNCE OF f30 FEE 70 APdNT ON A NONTMtGE7JT plRVE CONCIYE EASTERZY HANNGARAWUS OF 540OD FT MID A CHORa WMQFBEARS SQ111H 2675b8 FAST 4 DlSTMlQE OF 12G 13 FEEI 7NE1VCf RUN ALOWC iHE ARC OF 51W d1RVETHFOUCW A QE7iRAI ANdE OFiJ7449 FIR A LENG7H OF l264Z FEF 7t A POPNT OF TANfC1 7NENCERUN Sti1TN 33V734 EAST A DfSTMICF OF 32aOD R A PdIYT OF CURVA1tiEQF A d1RVE CONCAVEY1ESTFRlY HANNG A RADlUS OF 37000 FFFf 7NENCE RUN ALONG YFIE ARC SMD LYIRVE 7i11Gy il

Cl1CON NORIHWE5IERLYHAIARWIU50lr 63Q TNEVCE 1HE AR Qr SAIdfXJRVE 7HROUGN A LN7RAl ANIY OF 5311b FnR A LFNGTFI OF 6070 FE7 1 A PD1NT OF TNVfETfCTTHENCE RUN SDU1H 2478J2 MEST A DSTAMLIE OF 16130 FFEf 7t A PAWT ON 1NE 507H UNE OF iHESl7NWF3T l4 Q SECAQN 18 TDNK94fP 17 SOl1 RAAlGE 31 EASi VOLU9A COlN1Y FLORIDAJ THENCE RUNSbtlTN 8B2336 W3T ALOFIG SAID SU7H LINE OF TtIE 5QI7HWE5T 4 OF SEC7i0N 1 D157MIfE OF169046 FEET YD 1FE POlNT OF BELYNIBfVC

LbNffUlJlNG 4093 ACRE MORE DR LE3

SLRVEYnRSN07ESr

f No underrotlnd Jnafdlollons or mprovemenhg lndudtnp but not Amfted to burted coblea aubauriaceutBitlea ibundvtTaufiootaa ar burd afftee wene loeated except aa abown

2 Thfa propetfy ts aubfect M recorded er unroemrded agrcernmts assaasmenLs exceplonr eosemontqrieaarvation and resirtetbns Hr ony whlch may or moy not oppeor In the Pubiic Records of Orange LbruityF7oNda

3 7he 6eartngs ahowrt hercen me boaed on the South Una of tha Southeost f4 of Sectfon 73 Townshlp 17Swtlh Range 30 East as beny North 88t7641 Wcst asaumed beoriny

4 Thie 5lcetch of DexrlpUon doas not caisttfute o bandory aurvey aa auch

SKETCH ON SNEET 1 OP S1a1 0 z

PREPARED FiT

DRNIPDATE D1o3b5 SCAiEe5unmdMimn

PROECr o5onoaa rcoaa

ntr wJD ttEALQ a Resonrsrsaaw

uosaaarinaoa

aim6Y

a

E

i

e

ae

a

c

3

g

i

ar

LE

A88RE1I14TIDSG

M7P

167F4171pE

Or

111011E

Naa

1

MGs

MIf

l8t

IvqIF

IIImi

iF

tl

Ff7Q

Ofr

OM1

FJQ

T1

lw

IftOF

vAY

QRVE

C9

T

Ys

IC

iR

ill

CCJL

11QCR

IINI

Rti

FfClml

q

Ll

IYImIDC

Li

CRfM7EQ

IY111A7m

fJF

7

MVOOR

R1

Q

i7NIQ

14iT1

IiRYE1YIMm

NM7Nl

1C

RF

ORVIINE

IT

ml

TA1116Y

fR

1TIIlLIIG

OD

ItlN1L

81lM

LIa

ILEIRiit

RIRk7C

GRAPHICSCALE

mIuiar

i

laoh

Sd

CP

caRaEut

s6G

tat7

io

F

4

N

OLGSR

44

s4a

vnr

NH8GB4

I

fsfr

i

5

NORTNtLYRM11HE1

303WR

ESTLi

7

e

PARCEL6

N

sUfa67Y

t24iSACRESBEG

ti7a0

SO1Bf4SoeB

NQRTFYRIWlGJF

0

SR

44panvwmnawsnnFmrRANlAPBEGl1QN7D0702505JOC

r

BECORtanae

IAPOF

DEStIRTlON

satroFa

THSIS

MIOTA

SURYEY

DE6CTIONOli

SHEETR

OF7

PRPAREaFnR

aoRmP

IDA1Eanoe

SCALEti3oo

r

p

i

rm

aas

acr0504000

c

Prrauurvirro

ww6a

nrcyMwln

NCYR1dlf1

n1nnen

nccrtLtnftM0F4siArnm

asarwia a 4 3

fi u a

k 3T

r 1 i a

A PARCQ QF i1WD LYAVG H1 SECTION 13 7DWMSHIF 17 SOU7H RANGE 30 EASI AND SECAON 1a TOWN5HIP 17SOU7H RANGE 31 EAST YOWSU GOUWTY FlORIDA IORE PAR7ICULARt7 DE3BED A

FOR A POfNT OF REFERFdQCMMENCf AT THE 1DIJTtIEAST CQRNFR SEC110N f3 7MT11P i7 SDLTH RANGE3D EAST VACJI9A LINTY FLORIDA AND RUN NQRiN 4614 141 AIQG TFIE EAST UAIE QF THESII7HEAST 4 OF SA SECTION 1 A DISTANfE OF b1265 FEET 7D A POiNT ON TNE NGRTHERlYRIGHTOFWi1Y LMIE QF STA7E RG10 F4y SAID PQIAtT BDMri A PdNT ON A CURVE CdVCAVE 1D Ti NWt1NHAV1N A RAD1tS OF 2820T FEET AND A pi0D lIMCH BEARS NdiTH 89303 WF3T F17R A DISTANQE OF1T1356 fFi SAID PWNT NSO BEOVG 7ifE PONtT OF 6EQfNMINl THENCE DFPAR7ING SAID EAST LII OF 71fESOUTHEASf 14 Of SEC710N 13 RUW ALIXVG SAID NORTHERLY faIGHTOFWAY Ll1 AI HE ARC OF SAIDCURYE tHRWCN At1JRAL ANGE OIF 34728 FOR A LENGIN 01 173914 FEEf 7l TFE iN7ERSECIIONSAID NOZTfiERLY7iGliTOWA1 iJNE STATE RDAD 44 AND TFlE SOU7HE57ERL1 RIGfiTOFWAY LWE OFOD 57A7E ROAD 4 7HFVCE RUN ALONG SAID 50UTHE457EtlYR1OFWAY LINE OF d0 5f147E RDAD 44THE FGlOWfNG MNE 8 CDtIR RUN fVORTH 1J724ZEAST A D15TANCE AF 10trH4 FEET TD A POAf7 OFdJRYA7URE OF A CURYE CONCAVE 1U 1HE EAST HAVlNC A RADIUS OF 2t327 Fg7 TflVCE R1AV ALONG7HE AtC 01 SAID CURVE 7HtOUGN A CQJ7RAt ANGIF QF 614700 fOIR A LENGTN OF 22860 FEEf 7n APOINT OF REVERSE fXIRVA7UliE OF A ClRt1 CONCAYE TD TNE NOR7tiWE5T HAVJNG A RAdUS OF BT283 FEfT1HENCE R11N AL16 THE ARC QF SAID ClR4E THROtIfl A LMfTRAt ANGlF OF 124645 FiR A tENG7H OF138B4 fgT THENCE RiM NOliTH 254303N3T A DfSTANCE OF 921 FgT A POHJT ON A 1X1R1ECQNCAYF Tt 7ff NDRTFlWEST HANNG A iZ4WlJS Qt 61372 fFEi AND A CNORD WHK BEARS NORTH 60S103EAST FOR A lNSTANCE OF T47 FEtT TtiFlCE Rt1N ALONG TNE AR OF 5ND CuRYE THROiIt1A CFN7RALANGLE OF 6814B Flt A LETfG7H OF 7352 FEET TD A POINT OF TANGDJCt 7HENQE M NORTN52509EAST A WSTANCE OF 21Si6 FFT 7U A POINT QF fXlRVA11RE QF A CURVF CQWCAYE TD TF SOUTHFtTHAVING A RAOlUS Ar 8f542 fFET RUN ALQNG 7NE ARC OF SW tXlRVETRpUp1 qENTRAI WpE IOF 3i3J25 FDR A LENGIH0l19 FFT TC A PO1NT OF TANGNCI TiiENCE RWV NOR7H 883Bi4 EAST iA D7STANCE OiF 644rf5 FEEJ THENCE R1Mt NOR7N B9DB34 EAST A DISTANLEOF 1512 FEE7 ZD A PO1NT ONTHE AfDREi1FrONEa EA57 UNE OF TF1E SOlitlEAST 14 OF SECAQN 1 TiWNSHIP 17 SW71 RANQE 0EAST 7FiE7ILFDEPARTJNG SAiD SOUMF4SIFRLY RIdiTOFIYAY LlNE OF QLD 5TA1E ROAD 44 R11N SWTHorsy4 EAST ALON6 SAID EAST LIE OF THE SOU7FAST 94 QF SEC710N 1 A DlS7Mtf OF 41745 fEETHEiJCF RUN NORTH 89DB34 FAST dEPARTwN6 SAD EAST LINE OF 7NE 50UTHEAST 14 OF ON 1 ApSTMICEOF 41745 F TO A POPNT ON THE AFDREAIOJi10NED NOA7NERlYRlGNTLWA1 LINE Q STATEROAD 44 TFIEMQE Rl1J SOUTH 014614 EAST A DlSTANfE OF 5888 FFFT TD a POfNT QN A q1RVE CONCAVETQ TNE NORTFlWEST H14VNQ A RADfUS OF 292011 FtET AND A CHORD WHICH BFIRS SIXlTN 695f4 NEST ADISTANCE OF 448J fEEf fHF1dCE RUN AtONG TiE NiC OF SUD IXJRYE THRDUGH A CEN7RAL MIfE OF84039 FCR AINGTN OF 44Z25 FEET 7D 7HE PalNT OF HEANMN

CONTAINING 2f3 AC MORE OR SS

I

IN07ES I

1 No undaryroundkatdlaflma or mprorements lndudg but not Ifmltsd ta buried sableat subarufacautllltte foundoHonsfoctera or burld sltse rere IocvMd ercet as rhown

Z 7tlapvpsrFy la aLblect to rccorded or unrccaded ogrsementa aaeesaments excsptlorrey eosenensresrrvotTon ond resbfnr ary whldi may or moy not appe 6 the Pu6tcReorda of Qonge CountyF7orida

3 The 6earkigs ehown Aeroon are 6osed on thc East Ihs of the SarUeoat f4 of Ssctlon t3 7aimsh 17Sovth Rango 30 Eas aa betng Soulh 0145f4 Eas an asaumed bearq

4 Thts Icetch o Deacrfptlon does not ronstute a bamdary aurrey es anch

6KETCH ON SHET 1 OF Srz o z

PREPARED FDRAELFA INV6TMhNT PROAE7t7gS

DDATntos SCAii3oo

PROJECT oonco00 t1aa

DESIGN WJA CNECtCEa ALQ DA1 REwsIOnS nsacaanoararm

fLL

i

e t u

a

4G 4

11 F zan

r tts

fo ii iifew st w t a rsa t t

0 byf t IY f @ ai4IiltthrRO a ftllIFfE

t wrew y11M441sE 1iMiAt4tio t blfrs1rr rrw rtartiiRfl ttflMftri1sftwaa wraw

1t

t j

r

Er

k

rR E E

fi aF r t

r

crorFrtc1rrI irsr i7lErt

3 rzk af3f3 9si s av s

rgx

m

7 1

EXHIBIT Bvc t

IIi

j I il l iti

J

r ri

r

fr

f 1r

r

J1 r

1

rJ

ar

j Jj s

a f

R

pq PF1E T R

i

1

fttt G OEE TR

t

AlC EtiZ i RO

LMN Lake VYinremissetk Gatevvay

Corridor StudyArea

SummitPlace PD

a

Fult Access TS

RightinRightout lctltlr

THE NEWSJOURNAL

Published Daily and SundayDaytona Beach Volusia County Florida

State of FloridaCounty of Volusia

Before the undersigned authority personally appeared

Cynthia Anderson

who on oath says that she is

LEGAL COORDINATOR NOTICE OF PUBLIC HEARINGCITY COMMISSION

CITY OF DELAND FLORIDANOTICE IS HEREBY GIVEN that fhere will

of The NewsJournal 2 Clly and Sunday newspaper be a Public Hearing on the following Ordi

published at Daytona Beach in Volusia County Florida the nance on Monday Ocfober 20 2014 at ao regular meeting of the Deland City Com

atC10C1 COpy Of advertisement being a mission The meeting will take place ati 700 PM in the City Commission Chambers 120 South Florida Avenue City HallAH interested parties areinvited to attendand be heard Dn the matter

PUBLIC NOTICE Any person who wishes to appeal any decision made by the CityCommission with respect to any matter considered at this

L 2098925meetingwill need a record of the proceeding and thus may need to ensure that averbatim record of the proceeding is madeincluding the testimony and evidence upon

in the Court which an appeal may be basedThe originalof the ordinance is on file in

was published in said newspaper in the issues me offe ot tne cty cierk ad ma be nspected Monday through Friday from 800AMto500 PM

OCTOBER 10 2014 ORDINANCE NO 201421AN ORDINANCE OF THE CITY CbMMISSION OF DEWND FLORIDA CHANGING

Aff1111t leT Sl St18t Tle NeWSJOl7Tlla1 1S a 11eWS a erI THE ZONING FROM TWELVE OAKS PD

Y p p TO GATEWAY EAST PD PLANNED DE

published at Daytona Beach 111 SSlCi VOIUSI2 COUTltyFIOr1Cl2IVELOPMENT ON PROPERTY LOCATEDNORTH AND SOUTii OF STATE ROAD 44

and that the said newspaper has heretofore been continuously WEST OF INTERSTATE4 AND SOUTH OF

pUbIlSlleCl 111 said Volusia COUllty FIOr1Ca each day and PLANNDIEVELOPMENT CON

SU11Cld and has been entered as secondclass mail matter at SISTING OF APPROXIMATELY 6508y ACRES OF PROPERTY MAKING FIND

the post Off1Ce lll D10111 Be1C11 in said Volusia County INGS OF CONSISTENCY WITH THE COMPREHENSIVE LAND USE PLAN FOR THE

Florida fOT l peYlOC Of 011e yeaI 11eXt preCeClllg t11e 1TSt CITY OF DELAND DIRECTING CHANGE IN

publication of the attached copy of advertisement and affiant pROVID1 SEVERABLT AN

further says that he has neither paid nor promised any person EPFECTIVE DATEL2098925 Oct10 20141t

firm or corporation any discount rebate commission orrefund for the purpose of securing this advertisement forpublication in the said newspaper

1Sworn to and subscribed before me

This lO of OCTOBER

AD2014

49D

yp CYNTHIA E MALEYMYCOiNM15SI0NEE678470

a EXPIRES FEB 26 20170 6onded Yhrough 1st State Insurance