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A. ITEMS TO BE CONTINUED OR WITHDRAWN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-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 October 18, 2010 County Council public hearing. Request to continue to the September 14, 2010 PLDRC public hearing.

B. OLD BUSINESS

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.

C. NEW BUSINESS

V-10-039 – Application of Michael Chinelli, agent for Michael and Orsjola Chinelli, owners, requesting variance for a west side yard setback from the required 8 ft. to 4.9 ft. for a single-family dwelling on R-4E (Urban Single-Family Residential/Enterprise Community Overlay Zone) and RCE (Resource Corridor/Enterprise Community Overlay Zone) zoned property. The property is located at 411 Lakefront Court, Enterprise community; ±2 acres (Nagle) 9001-05-41-0030

S-10-040 – Application of Matthew Gable, attorney for Richard Kohler, owner, requesting a Special Exception for a fixed wing landing strip and helipad on A-1 (Prime Agriculture) zoned property. The property is located on the south side of Tifford Lane approximately 825 feet east of its intersection with Guise Road, southeast of the community of Osteen, on the St. Johns River; ± 10 acres (Ashley) 9216-01-94-0080 Tentatively scheduled for the September 30, 2010 County Council public hearing.

Z-10-045 - 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 A-2 (Rural Agriculture) zoning classification to the A-1 (Prime Agriculture) 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 30, 2010 County Council public hearing.

S-10-046 - 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 special exception for a permanent asphalt batching and cement plant on the I-1 (Light Industrial) and A-1 (Prime Agriculture) zoned portion of the property. 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 30, 2010 County Council public hearing.

V. PROPOSED AMENDMENTS

VI. STAFF ITEMS

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT