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

• Jeff Gove

• Taver Cornett

• Frank Severino

• Stony Sixma

• Jay Young

IV. PUBLIC HEARING ON PRIVATE REQUESTS

A. ITEMS TO BE CONTINUED OR WITHDRAWN

CONTINUED

PUD-10-004 – Application of Lauralee Westine, attorney for McDonald’s Corporation, owner, requesting a major amendment to the Brandywine PUD to allow a 180-foot communication tower. The property is located at 1075 Williamsburg Road, near the intersection of State Road 15A and North Woodland Boulevard, west of the City of DeLand; ± 2.12 acres (Stockham) 6020-01-00-0020

WITHDRAWN

Z-10-007 – Application of Douglas Weaver, Land Acquisition and Management, agent for County of Volusia and St. Johns River Water Management District, owners, requesting a rezoning from the A-1 (Prime Agriculture), FR (Forestry Resource) and RC (Resource Corridor) zoning classifications to the C (Conservation) zoning classification. The property is located on the south side of Lafayette Landing road approximately two miles east of State Road 11, near Lake Dias in the community of DeLeon Springs; ± 1,095 acres (Ashley)

B. NEW BUSINESS

PUD-09-071 – Application of Joe Johnson, Southwest Volusia Healthcare Corporation d/b/a/ Florida Hospital Fish Memorial, owner, requesting a rezoning from the B-3 (Shopping Center) zoning classification to the Florida Hospital Volusia County BPUD (Business Planned Unit Development) zoning classification. The property is located on the north side of Doyle Road, approximately 250 feet north of its intersection with State Road 415, in the community of Osteen, near the City limits of Deltona; ± 11.317 acres (Stockham) 9207-03-00-0050 and 9112-00-00-0170

V-10-015 – Application of Teri Peaden, Felton Construction, Inc., agent for John and Ghislaine Carr, owners, requesting a variance to Section 72-206(1) to construct on a substandard lot on R-3 (Urban Single Family Residential) zoned property. The property is located on the south side of Stevens Avenue, ± 475 ft. west of its intersection with Sheridan Avenue, near DeLand; ± 2.3 acres (Nagle) 7018-14-02-0440 and 7018-00-00-0620

V-10-017– Application of George Barrett, New Smyrna Beach Construction Company Inc., agent for Mary Foret and Tony Plett, owners, requesting a variance for a front yard setback from the required 25 ft. to 21.5 ft. for a covered entry and a variance for a front yard setback from the required 25 ft. to 24.5 ft. for second and third floor porches for a proposed replacement single-family dwelling on R-9W (Urban Single Family Residential/Indian River Lagoon Surface Water Management Overlay Zone) zoned property located at 7105 South Atlantic Avenue, Bethune Beach; ± 5,500 sq. ft. (Nagle) 8505-01-19-0050

C. OLD BUSINESS

V-10-010 – Application of Carl and Laura Hodges, owners, requesting a variance to Section 72-206(1) Nonconforming Lots to separate parcels 8505-01-25-0110 and 8505-01-25-0120 from parcel 8505-01-25-0010 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, Bethune Beach; ± 7,590 sq. ft. (Nagle) 8505-01-25-0110 and 8505-01-25-0120

V. PUBLIC HEARING ON ADMINISTRATIVE OR COUNTY REQUESTS

A. ITEMS TO BE CONTINUED OR WITHDRAWN

NONE

B. NEW BUSINESS

NONE

C. OLD BUSINESS

NONE

VI. PROPOSED AMENDMENTS TO CODE OF ORDINANCES

NONE

VII. STAFF ITEMS

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT