May 13, 2014 PLDRC Agenda
Last Updated 05/01/14 1:58 p.m.
Update 1: V-14-042 Updated Written Petition
AGENDA
PLANNING AND LAND DEVELOPMENT REGULATION COMMISSION
PUBLIC HEARING
May 13, 2014
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COMMISSION MEMBERS Frank Severino, Chairman |
STAFF Ian Williams, Assistant County Attorney |
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NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT (TITLE II)
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the County of Volusia (“County”) will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
County does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.
County will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in County programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
The ADA does not require the County to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.
County will make such reasonable modification to policies and programs for qualified persons with disabilities to ensure they have an equal opportunity to enjoy all of its
programs, services, and activities. For example, individuals with service animals are welcomed in County offices, even where pets are generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of
County, should contact the office of the County’s ADA Title II Coordinator, Mr. George Baker, at (386) 248-1760 as soon as possible but no later than 2 business days before the scheduled event or meeting. This paragraph shall likewise apply to written requests by a physically handicapped person needing a special accommodation to attend a public meeting in accordance with section 286.26, Florida Statutes.
Complaints that a program, service, or activity of County is not accessible to persons with disabilities should be directed to the County in accordance with the County of Volusia Grievance Procedure under the Americans with Disabilities Act (Title II). A copy of the procedure may be obtained by contacting the office of the County’s ADA Coordinator, (386) 248-1760.
County will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
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I. Call to Order - 9:00 a.m. County Council Meeting Room, Thomas C. Kelly Administration Center, DeLand, Florida
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II. Roll Call
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III. Minutes
The following minutes are draft and have not been approved by the PLDRC. Therefore, they are subject to change:
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NOTE: Items to be continued or withdrawn (IV.A) will not be discussed unless requested by a commission member, the applicant, or any other affected party. If you wish to speak on any of these items, please advise the commission clerk so that the chairman can be advised. It is requested that applicants attend the hearing to answer any questions, which may arise.
CHAIRMAN'S COMMENT: Chairman 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. Williams 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 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 quasijudicial matters.
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V. PUBLIC HEARING
A. ITEMS TO BE CONTINUED OR WITHDRAWN
NONE
B. NEW BUSINESS
V-14-041 – Application of Shayna Morrow, agent for Euleta Dianne Fox, owner, requesting a variance to the north front yard from the required 5 feet to 2.99 feet on Tourist (B-8) zoned property. The property is located at 1453 Ocean Shore Boulevard, Ormond Beach; + 22,860 square feet; 3234-07-00-0130.
V-14-042 – Application of Shayna Morrow, agent for Euleta Dianne Fox, owner, requesting a variance to the rear yard from the required 20 feet to 7.5 feet; and a variance to the front yard from the required 20 feet to 14.67 feet; and a variance to the side yard from the required 5 feet to 1-foot on Tourist (B-8) zoned property. The property is located at 4 Ocean Beach Drive, Ormond Beach; + 6,400 square feet; 3234-07-00-0125. Updated Written Petition
V-14-043 – Application of Shayna Morrow, agent for Euleta Dianne Fox, owner, requesting a variance to the rear yard from the required 20 feet to 9.4 feet on Tourist (B-8) zoned property. The property is located at 7 Ocean Dunes Drive, Ormond Beach; + 6,700 square feet; 3234-07-00-0143.
S-14-044 – Application of Terry Thomas, Crown Castle Towers, LLC., agent for St. Johns River Water Management District, owner, requesting a special exception for a communication tower exceeding 70 feet above ground level (AGL) on Conservation (C) zoned property. The property is located at the terminus of Sawmill Road, DeLand; + 561 acres; 6135-00-00-0010.
C. OLD BUSINESS
S-14-023 – Application of John Ruth, Florida Telecom Services LLC., agent for Loern Jones, owner, requesting a special exception for a communication tower exceeding 70 feet above ground level (AGL) and a waiver to Section 72-293(23)(9)(e)(5) separation from a single-family dwelling from the required 1,000 feet to 825 feet on Forestry Resource (FR) zoned property. The property is located at 2333 Osteen Maytown Road, Osteen; + 51 acres; 9322-01-01-0020. Continued from the April 8, 2014 hearing.
VI. OTHER PUBLIC ITEMS
NONE
VII. STAFF ITEMS
NONE
VIII. COMMISSION COMMENTS
IX. PRESS AND CITIZEN COMMENTS
X. ADJOURNMENT
