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

V. PUBLIC HEARING

A. ITEMS TO BE CONTINUED OR WITHDRAWN

PUD-10-011 – Application of Chris Bravo, agent for Harmon and Madeline Chaney, owners, requesting a rezoning from the A-2 and A-2W (Rural Agriculture / Indian River Lagoon Surface Water Improvements and Management Overlay Zone) zoning classifications to the BPUD (Business Planned Unit Development) zoning classification.  The property is located on the on Us Highway 1, at its intersection with Kennedy Parkway east of Fullerton Grove Road near Oak Hill; ± 6.97 acres (Stockham) 9537-02-00-1450 Tentatively scheduled for the February  2011 County Council public hearing. Due Public Notice requirements not met

B. OLD BUSINESS

CPMA-001-08– Application of Dwight DuRant, Zev Cohen & Associates, agent for Harry Merryday and Robert Ahrens, owners requesting a small scale comprehensive plan map amendment from the R (Rural) and ECO (Environmental Core Overlay) future land use designations to the I (Industrial) future land use designation.  The property is located on the north side of SR 40, approximately 2.18 miles west of I-95 and 0.32 miles W of the intersection of Breakaway Trail; ± 8.18-acre (Jackson) 4127-00-00-0030 and 4127-00-00-0036 Tentatively scheduled for the December 16, 2010 County Council public hearing.

PUD-08-070 – Application of Dwight DuRant, Zev Cohen & Associates, agent for Harry Merryday and Robert Ahrens, owners, requesting a rezoning from the I-1 (Industrial), B-5 (Commercial) and A-2 (Agriculture) zoning classifications to the IPUD (Industrial Planned Unit Development) zoning classification.  The property is located on the north side of SR 40, approximately 2.18 miles west of I-95 and 0.32 miles W of the intersection of Breakaway Trail; ± 8.18-acre (Jackson) 4127-00-00-0030 and 4127-00-00-0036 Tentatively scheduled for the December 16, 2010 County Council public hearing.

C. NEW BUSINESS

S-10-048 – Application of Glenn Storch, attorney for Hart Land & Cattle Company, Inc., owner, requesting for a special exception for Flea Market on B-5 (Heavy Commercial) zoned property. The property is located on the northwest corner of State Road 44 and County Road 415 in the community of Samsula; ± 33.61 acres (Stockham) 7223-01-09-0010 Tentatively scheduled for the December 9, 2010 County Council public hearing.

V-10-062 – Application of Raymond and Elizabeth Lee, owners, requesting a variance request for a rear yard setback from the required 40 ft. to 6 ft. for a proposed accessory structure and a variance for a rear yard from the required 40 ft. to 6.7 ft. for an existing accessory structure on A-3 (Transitional Agriculture) zoned property. The property is located at 2250 Massey Road, New Smyrna Beach; ±0.74 acre (Nagle)

V-10-069 – Application of Michael Wojtuniak, EPI, Inc, agent for John and Ghislaine Carr, owners, requesting a Variance to Section 72-277(1)(e) for an accessory structure height from the maximum allowed 15 ft. to 18.25 ft. for a detached garage and to allow more than one accessory structure exceeding 500 sq. ft. in area on R-3 (Urban Single-Family Residential) zoned property. The property is located on the north side of Euclid Avenue approximately 0.31 miles west from its intersection with Spring Garden Avenue in DeLand; ±2.30 acres (Nagle) 7018-00-00-0620

Z-10-055 - Application of Doug Weaver, Land Acquisition Management Director, agent for County of Volusia, owner, requesting a rezoning from the RC (Resource Corridor) zoning classification to the C (Conservation) zoning classification. The property is located on the east side of Lake George (1,050 linear feet of shoreline) and one mile south of Lake George Road, approximately ½ mile east of Bass Avenue, west of the community of Seville near Pine Island; ±64.81 acres (Jackson) 4701-00-00-0030 and 4701-00-00-0040 Tentatively scheduled for the December 16, 2010 and January 6, 2011 County Council public hearing.

Z-10-056 - Application of Doug Weaver, Land Acquisition Management Director, agent for County of Volusia, owner, requesting a rezoning from the FR (Forestry Resource) zoning classification to the C (Conservation) zoning classification. The property is located ½ miles west of Seville off Lake George Road; ±8.67 acres (Jackson) 3736-00-00-0050 Tentatively scheduled for the December 16, 2010 and January 6, 2011 County Council public hearing.

Z-10-057 – Application of Doug Weaver, Land Acquisition Management Director, agent for County of Volusia and St. John’s River Water Management District, owners, requesting a rezoning from the A-1 (Prime Agriculture), A-3 (Transitional Agriculture), FR (Forestry Resource), RC (Resource Corridor), FR(C) and RC(C) (Forestry Resource and Resource Corridor / Thoroughfare Overlay Zone) zoning classifications to the C (Conservation) zoning classification. The property is located at 2771 West International Speedway Blvd, DeLand; ±3,750.99 acres (Jackson) Tentatively scheduled for the December 16, 2010 and January 6, 2011 County Council public hearing.

Z-10-059 - Application of Doug Weaver, Land Acquisition Management Director, agent for County of Volusia, owner, requesting a rezoning from the RC (Resource Corridor) zoning classification to the C (Conservation) zoning classification. The property is located on the west side of State Road A1A and eastward of John Anderson Drive, Ormond-by-the-Sea; ±27.13 acres (Jackson) 3205-00-02-0010 and 3205-00-02-0030 Tentatively scheduled for the December 16, 2010 and January 6, 2011 County Council public hearing.

Z-10-068 – Application of Doug Weaver, Land Acquisition Management Director, agent for County of Volusia, owner, requesting a rezoning from the RC (resource Corridor) zoning classification to the C (Conservation) zoning classification. The property is located on the west side of Fatio Road, abutting the intersection with McGregor Road adjacent to Lake Beresford near the City of DeLand; ±205.02 acres (Jackson) 7030-00-00-0240 Tentatively scheduled for the December 16, 2010 and January 6, 2011 County Council public hearing.
 

V. PROPOSED AMENDMENTS

1. Proposed Ordinance No. 2010-XX regarding dock regulations
   …….Rebecca Mendez, AICP, Senior Planning Manager, Planning & Development Services Division

VI. STAFF ITEMS

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT