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

A. ITEMS TO BE CONTINUED OR WITHDRAWN

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

B. OLD BUSINESS

V-10-012 – Application of Lynda Labosco, owner, requesting a variance for a rear yard setback from the required 30 feet to 15 feet for a proposed house addition on Spruce Creek PUD (Planned Unit Development) zoned property. The property is located on the southerly side of Earhart Court, near its western terminus, ±270 feet west of its intersection with Spruce Creek Boulevard East, west of the City of Port Orange; ± 21,004 sq. ft. (Nagle) 6330-01-00-1910

C. NEW BUSINESS

V-10-016 – Application of David and Angela Crawford, owners, requesting a variance request to Section 72-278(1) to allow a boathouse from the maximum allowed 500 sq. ft. to 696.7 sq. ft.; a variance to Section 72-277(5) for a south side yard setback from the required 15 ft. to 3.41 ft. for a proposed boathouse; and a variance to Section 72-277(5) for a north side yard setback from the required 15 ft. to 5 inches for a proposed boathouse on R-4W (Urban Single Family Residential/Indian River Lagoon Surface Water Management Overlay Zone) zoned property. The property is located at 3609 Canal Road, near Edgewater; ± 14,560 sq. ft. (Nagle) 8413-03-00-0230

V-10-022 – Application of Dennis Cannon, owner, requesting a variance for a front yard setback from the required 25 ft. to 22 ft. for an addition to a finished garage on R-9W (Urban Single Family/Indian River Lagoon Surface Water Improvements & Management Overlay Zone) zoned property. The subject property is located on the west side of South Atlantic Avenue, approximately 500 ft. south from its intersection with Drum Avenue, in the community of Bethune Beach, adjacent to the City of New Smyrna Beach; ±7,500 sq. ft. (Stockham) 8505-01-32-0170

PUD-09-006 – Application of Mark Watts, Cobb & Cole, attorney for William and Chanel Hudgins, owners, requesting a rezoning from the A-2 (Rural Agriculture) zoning classification to the HONEST IRRIGATION PUD (Planned Unit Development) zoning classification. This property is located on the east side of S.R. 415 at its intersection with Lemon Bluff Road, in the community of Osteen; ±6.5 acres (Ashley) 9113-00-00-0190

PUD-09-044 – Application of James Morris, Storch, Morris & Harris, attorney for, Gardens 207 LLC, owner, requesting a rezoning from the A-2 (Rural Agriculture), A-3 (Transitional Agriculture), A-3(2) (Transitional Agriculture/Southwest Activity Center), and the A-3C(2) (Transitional Agriculture/ Thoroughfare Overlay Zone/Southwest Activity Center) zoning classifications to the Pioneer Trails MPUDC(2) (Mixed Use Planned Unit Development Thoroughfare Overlay Zone/ Southwest Activity Center), MPUD(2) (Mixed Use Planned Unit Development /Southwest Activity Center) and MPUD (Mixed Use Planned Unit Development) zoning classification. This property is located on the north side of SR 44 bounded by Sugar Mill Drive, Pioneer Trails and I-95, adjacent to the City of New Smyrna Beach; ± 847 acres (Ashley) 7309-00-00-0140, 7309-00-00-0142, 7315-00-00-0140, 7315-00-00-0230, 7316-00-00-0030, 7316-00-00-0031 and 7322-00-00-0060

V. PUBLIC HEARING ON ADMINISTRATIVE REQUESTS

Z-10-024 – 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 FR (Forestry Resource) and RC (Resource Corridor) zoning classifications to the C (Conservation) zoning classification. The property is located on the north side of S.R. 44 and adjacent to Pioneer Trail, southwest of Samsula.; ± 2272.03 acres (Jackson)

Z-10-025 – Application of Douglas Weaver, Land Acquisition and Management, agent for County of Volusia, owner, requesting a rezoning from the A-1 (Agriculture Resource), FR (Forestry Resource) and RC (Resource Corridor) zoning classifications to the C (Conservation) zoning classification. The property is located on the north side of Pioneer Trail, approximately 3 miles west of the intersection of C.R. 415 and Pioneer Trail; ± 1644 acres (Jackson)

Z-10-026 – Application of Douglas Weaver, Land Acquisition and Management, agent for County of Volusia, owner, requesting a rezoning from the A-2 (Rural Agriculture) zoning classification to the C (Conservation) zoning classification. The property is located on the south side of McGregor Road, adjacent to the intersection with Fatio Road, between McGregor Road on the north and west French Avenue on the south, abutting the CSX railroad right of way to the east; ± 76.9 acres (Jackson) 7031-00-00-0110

Z-10-027 – 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 (Agriculture Resource), FR (Forestry Resource) and RC (Resource Corridor) zoning classifications to the C (Conservation) zoning classification. The property is located approximately two miles south of S.R. 40, between CR 4023 (Lake Winona Rd.) on the east and US Hwy 17 on the west, south of and adjacent to Heart Island Conservation area; ± 1,132.61 acres (Jackson)

Z-10-028 – Application of Douglas Weaver, Land Acquisition and Management, agent for County of Volusia, owner, requesting a rezoning from the A-2 (Rural Agriculture) and RC (Resource Corridor) zoning classifications to the C (Conservation) zoning classification. The property is located on the north of Turnbull Bay Road, east of I-95/Victory’s Path Terrace and south of Spruce Creek; ± 58.03 acres (Jackson)

VI. PROPOSED AMENDMENTS TO CODE OF ORDINANCES

1. Comprehensive Plan Amendment cycle 10-2
………………………….Becky Mendez, AICP, Senior Planning Manager

VII. STAFF ITEMS

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT