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A. ITEMS TO BE CONTINUED OR WITHDRAWN

V-09-003 – Application of Bradley Jones, agent for Otto Vollerhausen, owner, requesting a variance for a north front yard setback from the required 100 ft. to 81 ft. for a proposed single-family dwelling; a variance for a north front yard setback from the required 100 ft. to 11 ft. for a proposed accessory structure; and a variance for a west front yard from the required 100 ft. to zero ft. for the proposed single-family dwelling and accessory structure on A-1 (Prime Agriculture) zoned property.  The property is located on the east side of Maytown Road and east of the former rail line, approximately 600 feet south from its intersection with Shady Paradise Lane, in Cape Atlantic Estates, west of the City of Oak Hill; ± 3.4 acres (Nagle) 8447-02-06-3420

Z-10-047 – Application of Ken and Tonya Harp, owners and agent for Joan Master, and William and Jennifer Kelly, owners, requesting a rezoning of ±19.26 acres from the R-3 (Urban Single Family Residential) zoning classification to RR (Rural Residential) zoning classification on four parcels located at Deland The subject property is located on the south side of Private Road approximately 1270 feet west of its intersection with SR 15A, north of the City of DeLand± 19.26 acres (Ashley) 6030-00-00-0260, 0270, 0271 and 0272

B. OLD BUSINESS

PUD-09-011 – Application of Michael McQuarrie, Zahn Engineering, agent for Sawgrass Volusia, LLC, owners, requesting a rezoning from the R-4 (Urban Single-Family Residential) and R-4C (Urban Single-Family Residential / Thoroughfare Overlay Zone) zoning classifications to the RPUD (Residential Planned Unit Development) zoning classification.  The property that is located on the north side of US Highway 92, approximately 438 feet east of its intersection North Kepler Road, east of the City of DeLand; ± 35.86-acre (Stockham) Tentatively scheduled for the November 18, 2010 County Council public hearing.

C. NEW BUSINESS

S-10-049 – Application of James Morris, agent for Frank Luznar, owner, requesting a renewal of a special exception for a temporary campsite for three (3) days before, during, and three (3) days after any regularly scheduled racing events at the Daytona International Speedway for Speedweeks, Bike Week, the Pepsi "400" (Coke Zero 400), and Biketoberfest events on A-1 (Prime Agriculture) zoned property. The property is located on the north side of Pioneer Trail (CR 4118) approximately 310 ft. east from its intersection with CR 415, next to Sopotnick’s Cabbage Patch, in the community of Samsula; ±6.75 acres (Ashley) 7211-00-00-0035 Tentatively scheduled for the October 21, 2010 County Council public hearing.

S-10-050 – Application of James Morris, attorney for Frank Luznar, requesting a renewal of special exception for a temporary campsite for three (3) days before, during, and three (3) days after any regularly scheduled racing events at the Daytona International Speedway for Speedweeks, Bike Week, the Pepsi "400" (Coke Zero 400), and Biketoberfest events on A-1 (Prime Agriculture) zoned property. The property is located on the northwest corner of the intersection of CR 415 and Pioneer Trail (CR 4118), across from Sopotnick’s Cabbage Patch in the community of Samsula; ± 10 acres (Ashley) Part of 7211-00-00-0100 Tentatively scheduled for the October 21, 2010 County Council public hearing

V-10-052 – Application of Dyan Lane, agent for Marcel Brazelton, owner, requesting a variance for a side yard setback from the required 5 feet to 3.2 feet for an accessory structure on R-4 (Urban Single-Family Residential) zoned property.  The property is located on the east side of Seabridge Drive at its intersection with Seahawk in Ormond Beach; ±6,750 sq. ft. (Nagle) 3216-05-04-0090

S-10-054 – Application of Roxanne Dekanatel, agent for Carl and Harry Jr. Bence, owners, requesting a special exception for a single-family dwelling on B-8 (Tourist Commercial) zoned property.  The property is located on the south side of Sandy Beach Drive ±50 ft. east of its intersection with State Road A1A, Ormond by the Sea community; ±7,714 sq. ft. 3234-07-00-0252 Tentatively scheduled for the October 21, 2010 County Council public hearing

V-10-051 – Application of Paul Nieman, owner, requesting a variance for a rear yard setback from the required 15 ft. to zero ft. for an accessory structure on R-3 (Urban Single-Family Residential) zoned property.  The property is located on the west side of John Anderson Drive, approximately 200 feet north of its intersection with Sandpiper Avenue in Ormond Beach; ±12,000 sq. ft. (Nagle) 3221-00-03-0010

V-10-035 – Application of Steve Carduner agent for James Kurdziel, owner, requesting a variance for a front yard setback from the required 30 ft. to 13 ft. and a variance for a waterfront yard setback from the required 25 ft. to 5 ft. for a proposed single-family dwelling; a variance for a waterfront yard setback from the required 25 ft. to zero for an unenclosed second floor wood deck and a variance to Section 72-277(7) to allow a front yard setback for unenclosed stairs from the required 21.5 ft. to 15 ft.; and a variance to Section 72-277(1)(a) to allow a waterfront yard setback for a swimming pool and pool enclosure from the required 10 ft. to zero ft. on R-3 (Urban Single-Family Residential) zoned property.  The property is located on the west side of John Anderson Drive at its intersection with Valhalla Avenue; ±6,997 sq. ft. (Nagle) 3228-00-02-0081

S-10-034 – Application of Micheal Teal, attorney for Augustinian Monks of the Primitive Observance Inc., owner, requesting a special exception for a cemetery on RR (Rural Residential) zoned property.  The property is located at 2075 Mercers Fernery Road, DeLand; ±9.5 acres (Nagle) 6031-00-00-0510 Tentatively scheduled for the October 21, 2010 County Council public hearing.

S-10-020 – Application of Jeffrey Walker, agent for XPLEX, LLC, owner, requesting a special exception for recreational areas on A-1 (Prime Agriculture) and A-1C (Prime Agriculture/Thoroughfare Overlay Zone) zoned property.  The property is located on the south side of SR 44, approximately 1/8 mile east from its intersection with Route 415, near the New Smyrna Speedway, in the community of Samsula and near the City of New Smyrna Beach; ±14.28 acres (Stockham) 7223-01-04-0101 Tentatively scheduled for the October 21, 2010 County Council public hearing.

V. PROPOSED AMENDMENTS

VI. STAFF ITEMS

1.    Proposed Ordinance amendment regarding boat docks

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT