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

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 Berry’s 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
…………….…………………………………………..Tom Brooks, AICP, Planner II

VII. STAFF ITEMS

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT