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. Williams 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

• Jeff Gove

• Taver Cornett

• Frank Severino

• Stony Sixma

• Jay Young

• Pat Patterson

IV. PUBLIC HEARING

A. ITEMS TO BE CONTINUED OR WITHDRAWN

V-10-032 – Application of John Joslin, Pastor and agent for New Life Community Church of West Volusia, owner, requesting a variance for a rear yard setback from the required 50 ft. to 31.4 ft. for an existing accessory structure and a variance for a rear yard setback from the required 50 ft. to 36.2 ft. for an existing accessory structure for an existing house of worship on RA (Rural Agricultural Estate) zoned property. The property is located on the south side of East Taylor Road ± 600-ft. east of Blue Lake Road, DeLand; ±4.1 acres (Nagle) 7023-00-00-0100 Continue to March 8, 2011 public hearing

S-10-071 – Application of Alex Ford, Landis Graham & French, attorney for Missionaries of Hope, Inc, owner, requesting a special exception for a daycare on A-3 (Transitional Agriculture) and RR (Rural Residential) zoned property. The property is located at 1955 Gaudrey Street and 2951 Grand Avenue, which is the north side of Gaudrey Street and the northeast corner of Grand Avenue in the community of Glenwood; ±15.7 acres (Stockham) 6944-01-00-0257 and 6944-01-00-0240 Continue to March 8, 2011 public hearing

Z-10-079 – Application of John Joslin, Pastor and agent for New Life Community Church of West Volusia, owner, requesting a rezoning from the RA (Rural Agriculture Estate) zoning classification to the A-4 (Transitional Agriculture) zoning classification. The property is located on the south side of East Taylor Road ± 600-ft. east of Blue Lake Road, DeLand; ±4.1 acres (Nagle) 7023-00-00-0100 Continue to March 8, 2011 public hearing

B. OLD BUSINESS

NONE

C. NEW BUSINESS

CMPA-001-10 – Application of Frank Wood, agent/Marjorie Eileen Culp Wood and Catherine Elizabeth Martin, owners, requesting a small scale comprehensive plan amendment changing the future land use from the AR (Agriculture Resource) designation to the R (Rural) designation. The property is located on the east side of State Road 11, ± 1900 ft. south of its intersection with Island Grove Drive, at 4105 State Road 11, DeLand; ±7 acres (Nagle) Continue to March 8, 2011 public hearing

Z-10-058 - Application of Frank Wood, agent/Marjorie Eileen Culp Wood and Catherine Elizabeth Martin, owners, requesting a rezoning from the A-1 (Prime Agriculture) zoning classification to the A-4 (Transitional Agriculture) zoning classification. The property is located on the east side of State Road 11, ± 1900 ft. south of its intersection with Island Grove Drive, at 4105 State Road 11, DeLand; ±7 acres (Nagle) Continue to March 8, 2011 public hearing

V-11-007 – Application of Michael Woods, Attorney for Sand and Surf Properties LLC, owner, requesting a variance for a rear yard setback from the required 20 ft. to 18.4 ft. for an single-family dwelling and a variance for a rear yard setback from the required 16.5 ft. to 10 ft. for unenclosed balconies on R-9W (Urban Single Family Residential/Indian River Lagoon Surface Water Management Overlay Zone) and RCW (Resource Corridor/ Indian River Lagoon Surface Water Management Overlay Zone) zoned property. The property is located on the south side of Bonita Avenue at its western terminus, in Bethune Beach; ±7,590 sq. ft. (Nagle) 8505-01-25-0110

V-11-010 – Application of Mark Watts, attorney for Granvil Tracy, owner, requesting variance for an east front yard setback from the required 50 ft. to 48.5 ft. for a proposed accessory structure and a variance for a south side yard setback from the required 50 ft. to 20 ft. for a proposed accessory structure on RC (Resource Corridor) zoned property. The property is located at 39 Highbridge Road, east of the City of Ormond Beach; ±14.1 acres (Nagle) 3205-00-00-0021

V-11-012 – Application of Susan Dupree, agent for Barbara T. Constanzo & Patricia A Yeaman as Trustees of the Douglas C Packard Irrevocable Trust dated 1/23/2006, owners, requesting a variance to separate lots on A-2 (Rural Agriculture) zoned property. The property is located on the north side of McMillon Drive approximately 430 feet from its intersection with Sparkman Avenue, near Orange City; ±8 acres (Stockham) 7033-05-07-0010, 7033-05-08-0010 and 7033-05-09-0260

IX. ADJOURNMENT