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A. ITEMS TO BE CONTINUED OR WITHDRAWN

S-10-074 – 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

B. OLD BUSINESS

NONE

C. NEW BUSINESS

PUD-10-070 – Application of John Moye, agent for Asbury Automotive Group, owner, requesting an amendment to Resolution 93-131 regarding but not limited to building height, redevelopment of building square footage and landscape buffers on BPUD (Business Planned Unit Development) zoned property. The property is located on the north side of Minnesota Avenue at its intersection with U.S. Highway 17-92, near the State Road 472 interchange at 2655 North Volusia Avenue, Orange City; ±28.33 acres (Stockham) 7033-00-00-0540 Tentatively scheduled for the February 20, 2011 County Council public hearing.

V-11-001 – Application of Patricia Moon, owner, requesting a variance to allow a fence height from the maximum allowed 6 feet to 12 feet on R-3 (Urban Single-Family Residential) zoned property.  The property is located at 2002 Old New York Avenue, DeLand; ±0.86 acres (Stockham) 7913-01-00-0230