COMMISSION MEMBERS
Frank Severino, Chairman Jeff Gove, Vice Chairman Jim Russell, Secretary Taver Cornett Stony Sixma Jay Young
James Wachtel |
STAFF
Michael Dyer, Assistant County Attorney
Becky Mendez, Senior Planning Manager
Scott Ashley, Planning Manager
John Stockham, Planner III
Christian Nagle, Planner II
Yolanda Somers, Zoning Secretary |
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I. Call to Order - 9:00
a.m. County Council Meeting Room, Thomas C. Kelly Administration Center,
DeLand, Florida
II. Roll Call
III. Minutes
NONE
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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
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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. |
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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.
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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
NONE
C. NEW BUSINESS
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 Tentatively
scheduled for the January , 2010 County Council public hearing.
D. OLD BUSINESS
NONE
V. PUBLIC HEARING ON
VARIANCE AND SPECIAL EXCEPTION APPLICATIONS
A. ITEMS TO BE
CONTINUED
NONE
B. NEW BUSINESS
V-08-044
Application of Donn and Melanie Bryans, owners, requesting a
Variance for a front yard setback from the required 40 ft. to
17.5 ft. and a variance for a side yard setback from the
required 15 ft. to 10 ft. for a 580.8 sq. ft. accessory metal
garage building on MH-4 (Rural Mobile Home) zoned property. This
property is located on the west side of Tribble Drive,
approximately 470 ft. south from its intersection with Taylor
Road, adjacent to the City of Port Orange; ± 0.51 acres (Stockham)
6222-01-00-2077
S-08-060
Application of Christopher Paul, attorney for Short Murph, Inc,
owner, requesting a special exception for Temporary campsites
for 3 days before, during and 3 days after any regularly
scheduled racing event at the Daytona Beach International
Speedway for Speedweeks, Biketoberfest, the Pepsi 400 (Coke
Zero), and Bike Week, on A-1 (Prime Agriculture) zoned property.
This property is located on the south side of S.R. 40,
approximately one mile west from its intersection with S.R. 11,
near Volusia Speedway Park; ± 13 acres (Stockham)
5007-00-00-0035 Tentatively scheduled for the December 17, 2009
County Council public hearing.
V-09-067
Application of Richard Platt, agent for Latoya Jackson, owner,
requesting a variance request for a rear yard setback from the
required 20 ft. to 17 ft. for a screen enclosed addition on
Berrys Ridge Residential Planned Unit Development (RPUD) zoned
property. This property is located on the northern end of
Arborvitae Way, ±375 ft. north of its intersection with Wild
Ocelot Court, near DeLand; ± 8,929 sq. ft (Nagle)
6020-02-00-0840
V-09-068
Application of William Alexander, attorney for Michael and
Kimberly Alexander, owners, requesting a variance to Section
72-277(1)(d) to allow the cumulative area of all accessory
building(s) or structure(s) from the maximum 1,760 sq. ft. to
2,329 sq. ft. and a variance to Section 72-277(1)(e) to allow an
accessory structure height from the maximum allowed 15 ft. to
18.5 ft. for a detached garage on R-3 (Urban Single-Family
Residential) zoned property. This property is located on the
north side of Eau Claire Avenue at its intersection with Lake
Avenue, near DeLand; ± 37,731 sq. ft. (Nagle) 7013-04-03-0070
S-09-069
Application of Ty Harris, attorney for Vivienne Powis, owner,
requesting a special exception for a group home on A-3
(Transitional Agriculture) zoned property. This property is
located on the north side of Jackson Ranch Road, about 0.1 mile
from its intersection with Blue Lake Avenue, adjacent to the
City of DeLand; ± 3.12 acres (Stockham) 7026-00-00-0095
Tentatively scheduled for the December 17, 2009 County Council
public hearing.
C. OLD BUSINESS
NONE
VI. PUBLIC ITEMS
1.
Proposed Capital Improvement Element of the Comprehensive Plan
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..Tom Brooks, AICP, Planner II
VII. STAFF ITEMS
VIII. COMMISSION COMMENTS
IX. PRESS AND CITIZEN
COMMENTS
X. ADJOURNMENT |