I. Call to Order - 9:00 a.m. County Council Meeting Room, Thomas C. Kelly Administration Center, DeLand, Florida

 

	NOTE: CONSENT AGENDA ITEMS (IV, A.) AND CONTINUED ITEMS (IV, B.) WILL NOT BE DISCUSSED UNLESS REQUESTED BY A COMMISSION MEMBER, THE APPLICANT, OR ANY OTHER AFFECTED PARTY. IF YOU WISH TO HAVE AN ITEM REMOVED FROM THE CONSENT AGENDA, PLEASE ADVISE THE CHAIRMAN IMMEDIATELY FOLLOWING THE SECRETARY'S READING OF THE CASE NUMBER AND LOCATION. ITEMS REMOVED FROM THE CONSENT AGENDA WILL BE DISCUSSED FOLLOWING ADOPTION OF THE REMAINDER OF THE CONSENT AND CONTINUED AGENDAS. APPLICANTS ARE STILL REQUESTED TO ATTEND THE MEETING TO ANSWER ANY QUESTIONS WHICH MAY ARISE
CHAIR'S COMMENT:	Chair to explain the procedure for forwarding the Commission's decisions to the County Council and invite the public to speak for or against any of the cases being heard.
LEGAL COMMENT:	Mr. Dyer will explain that decisions by this body on special exception cases and cases which rezone real property from one classification to another pursuant to the Zoning Ordinance are recommendations only to the County Council and do not constitute a final hearing. New evidence may be introduced at the County Council public hearing. Decisions on variances made by this body constitute final action, subject to an appeal to the County Council. What this means is that no new evidence may be presented at the time of the County Council public hearing on the appeal. An aggrieved party that appeals such a decision is confined to the record made before this body. Hearings by this body on rezonings, special exceptions and variances are quasi-judicial in nature meaning that this body is acting more like a court and must take into account all oral, written or demonstrative evidence presented. Their decisions on these cases must be based on competent, substantial evidence in the record. Competent, substantial evidence has been defined as that evidence a reasonable mind would accept to support a conclusion.

>> Disclosure of Ex Parte Communications
Members of the Volusia County Planning & Land Development Regulation Commission Board are asked to please disclose, for the record, the substance of any ex parte communications that have occurred before or during the public hearing at which a vote is to be taken on any quasi-judicial matters.

• Jim Russell

• Stony Sixma

• Taver Cornett

• Frank Severino

• Jeff Gove

• Jay Young

• James Wachtel

IV. PUBLIC HEARING ON ZONING APPLICATIONS

A. CONSENT AGENDA

NONE

B. ITEMS TO BE CONTINUED

PUD-09-019 – Application of Douglas Daniels, attorney for Hy-Em USA Properties, owner, requesting a Major Amendment to Resolution 2003-24 4/44 Business Center BPUD including, but not limited to, sign regulations, landscape requirements, and revised master plan. The property is located on the north side of East State Road 44 at the Interstate 4 interchange, east of the City of DeLand; ± 36 acres (Ashley)

CPMA-003-09 – Application of James Morris, Storch Morris & Harris, LLC, attorney for 3629 WEST ISB LLC, owners, requesting a small scale comprehensive plan map amendment from the ULI (Urban Low Intensity) future land use designation to the COM (Commercial) future land use designation. The property is located on the south side of U.S. Highway 92, approximately ¼ mile east of its intersection with Roosevelt Boulevard, near the City of Daytona Beach; ± 4.04 acres (Stockham)

PUD-09-064 – James Morris, Storch Morris & Harris, LLC, attorney for 3629 WEST ISB LLC, owners, requesting a rezoning of ± 4.04 acres from the A-2C(5) (Rural Agriculture/Thoroughfare Overlay Zone/Highridge Neighborhood) and R-4C(5) (Urban Single-Family Residential/Thoroughfare Overlay Zone/Highridge Neighborhood) zoning classifications to the CARL’S FENCING BPUDC(5) (Business Planned Unit Development/Thoroughfare Overlay Zone/Highridge Neighborhood) zoning classification. The property is located on the south side of U.S. Highway 92, approximately ¼ mile east of its intersection with Roosevelt Boulevard, near the City of Daytona Beach (Stockham)

C. NEW BUSINESS

Z-09-072 – Application of Douglas Weaver, Land Acquisition and Management, agent for Volusia County and St. Johns River Water Management District, owners, requesting a rezoning of ±672.9 acres from the A-1 (Prime Agriculture), A-2 (Rural Agriculture), FR (Forestry Resource) and RC (Resource Corridor) zoning classifications to the C (Conservation) zoning classification located at 2876 Tomoka Farms Road. The property is located on the west side of Tomoka Farms Road, south of its intersection with Ideis Road (Nagle)

Z-09-073 - Application of Douglas Weaver, Land Acquisition and Management Director, agent for Volusia County, owner, requesting a rezoning of ±92 acres from the A-2 (Rural Agriculture), R-4 (Urban Single-Family Residential) and RC (Resource Corridor) zoning classifications to the C (Conservation) zoning classification located at 2889 Letha Street, near Spruce Creek. The property is located located on the west of Creek Shore Trail, at the western end of Letha Street and adjacent to Spruce Creek, near the City of Port Orange (Nagle)

Z-09-074 - Application of Douglas Weaver, Land Acquisition and Management Director, agent for Volusia County, owner, requesting a rezoning of ±40.8 acres from the A-2 (Rural Agriculture) and RC (Resource Corridor) zoning classifications to the C (Conservation) zoning classification located at the north end of Victorys Path Trail, Spruce Creek. The property is located along the eastern side of Victorys Path Trail, within and adjacent to Spruce Creek, east of the City of Port Orange (Nagle)

Z-09-075 - Application of Douglas Weaver, Land Acquisition and Management, agent for Volusia County and St. Johns River Water Management District, owners, requesting a rezoning of ±40.1 acres from the RC (Resource Corridor) zoning classification to the C (Conservation) zoning classification. The property is located at the north end of Victorys Path Trail,
within and adjacent to Spruce Creek, east of the City of Port Orange (Nagle)

Z-09-080 – Application of David and Nancy Cram, owners, requesting a rezoning of ±3.97 acres from the R-4 (Urban Single Family Residential) zoning classification to A-3 (Transitional Agriculture) zoning classification on property located at 175 Raulerson Road, Seville. The property is located on the south side of Raulerson (#2) Road, approximately 100 feet east of its intersection with Hayward Street, in community of Seville. (Ashley)

D. OLD BUSINESS

NONE

V. PUBLIC HEARING ON VARIANCE AND SPECIAL EXCEPTION APPLICATIONS

A. ITEMS TO BE CONTINUED

NONE

B. NEW BUSINESS

V-09-081 – Application of Mark Smith, Rainer Construction Inc., agent for David E. Lawn, owner, requesting a variance to Section 72-277(1)(d) to allow the cumulative area of all accessory building(s) or structure(s) from the maximum 552 sq. ft. to 1,680 sq. ft. and a variance to Section 72-277(1)(e) to allow an accessory structure height from the maximum allowed 15 ft. to 19 ft. for a detached accessory structure addition (game room) on R-4 (Urban Single-Family Residential) zoned property located at 2285 Hontoon Road, DeLand. The property is located on the south side of Hontoon Road ± 700 ft. east of its terminus, Hontoon Island (Nagle)

C. OLD BUSINESS

NONE

VI. PUBLIC ITEMS

NONE

VII. STAFF ITEMS

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT