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A. ITEMS TO BE CONTINUED OR WITHDRAWN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 Tentatively scheduled for the September 16, 2010 County Council public hearing.

B. OLD BUSINESS

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 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 Tentatively scheduled for the September 16, 2010 County Council public hearing.

C. NEW BUSINESS

PUD-10-021 - Application of C. Allen Watts, Cobb & Cole, attorney for Martin Marietta Materials, Inc, agent for Mid Florida Land & Timber Corporation and Sherwood, LLC, owners, requesting a rezoning from the I-1 (Light Industrial), A-1 (Prime Agriculture), A-2 (Rural Agriculture) and A-2C (Rural Agriculture / Thoroughfare Overlay Zone) zoning classifications to the MPUD (Mixed Planned Unit Development) zoning classification. The property is located on the north side of State Road 44, west of its intersection with Grand Avenue, near the City of DeLand; ± 62 acres (Stockham) 7940-01-00-0040 and 7940-01-00-0220 Tentatively scheduled for the September 16, 2010 County Council public hearing.

V-10-033 – Application of Keith Taylor, County of Volusia, agent for Rose Powell, owner, requesting a variance for a front yard setback on South Salisbury Avenue from the required 40 feet to 26 feet from the edge of the traveled way for a proposed single-family dwelling on R-4 (Urban Single Family Residential) zoned property. The property is located on the north side of Mathis Avenue at its intersection with South Salisbury Avenue, south of the City of DeLand; ±5,400 sq. ft. (Nagle) 7020-03-00-0130

V. PROPOSED AMENDMENTS

VI. STAFF ITEMS

Quarterly Recap

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT