I. Call to Order - 9:00 a.m. County Council Meeting Room, Thomas C. Kelly Administration Center, DeLand, Florida

 

	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

• Stony Sixma

• Taver Cornett

• Frank Severino

• Jeff Gove

• Jay Young

• James Wachtel

IV. PUBLIC HEARING ON ZONING APPLICATIONS

A. CONSENT AGENDA

NONE

B. ITEMS TO BE CONTINUED

PUD-09-019 – Application of Douglas Daniels, attorney for Hy-Em USA Properties, owner, requesting a Major Amendment to Resolution 2003-24 4/44 Business Center BPUD including, but not limited to, sign regulations, landscape requirements, and revised master plan. The property is located on the north side of East State Road 44 at the Interstate 4 interchange, east of the City of DeLand; ± 36
acres (Ashley) 3136-04-00-0001

C. NEW BUSINESS

NONE

D. OLD BUSINESS

NONE

V. PUBLIC HEARING ON VARIANCE AND SPECIAL EXCEPTION APPLICATIONS

A. ITEMS TO BE CONTINUED

NONE

B. NEW BUSINESS

V-09-078 – Application of Kenneth and Kimberly Laney, owners, requesting a Variance for a front yard setback from the required 40 feet to 8.4 feet; and a variance for a north side yard setback from the required 25 feet to 15.5 feet for an accessory structure on A-3 (Transitional Agriculture) zoned property. The property is located on the north side of Lemon Bluff Road at its intersection with Tucker Avenue, in the community of Osteen; ± 1.27 acres (Ashley) 9113-00-00-0105 Address: 280 Lemon Bluff Road

C. OLD BUSINESS

NONE

VI. PUBLIC ITEMS

1. Proposed Ordinance Amendment to Chapter 72, Article III creating Division 17 Gopher Tortoise Protection………………..Ginger Adair, Director, Natural Resource

VII. STAFF ITEMS

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT