June 10, 2014 PLDRC Agenda
Last Updated 06/03/14 11:10 a.m.
AGENDA
PLANNING AND LAND DEVELOPMENT REGULATION COMMISSION
PUBLIC HEARING
June 10, 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
V-14-052 – Application of George Barrett, Beach Towne Construction, agent for Michael Merrick and Beverly Lynn Johnson, owners, requesting a variance to Section 72-277(7) for a front yard from the allowable 21.5 feet to 17.8 feet for an existing, unenclosed stairway on a single-family residence in Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements and Management Overlay (R-9W) zoned property. The property is located at 850 Grouper Avenue, New Smyrna Beach; + 5,000 square feet, 8505-01-60-0090. Continued for Due Public Notice to the July 8, 2014 PLDRC Hearing
B. NEW BUSINESS
Z-14-045 – Application of Judy Thompson and Denver Ray Brownlee, agents for Myra Cook, owner, requesting a rezoning from Prime Agriculture (A-1) to Rural Agriculture (A-2) zoned property. The property is located at 645 Tedder Lake Drive, DeLeon Springs; + 9 acres, 5936-00-00-0170. Tentatively scheduled for County Council on July 17, 2014
V-14-050 – Application of Wayne Gove, agent for Linda Burton, owner, requesting a variance to the minimum rear yard from the required 20 feet to 13.5 feet for a screen porch on Urban Single-Family Residential (R-5) zoned property. The property is located at 1413 Springleaf Drive, Ormond Beach; + 5,500 square feet, 4233-22-00-0040.
PUD-14-001 – Application of Shaw Ying and Shaw-Fen Tang Tien, owners, requesting a major amendment to Resolution 92-8 known as the Tien Business Planned Unit Development (BPUD) amending the Master Development Plan, including but not limited to, permitted land uses. The property is located on the east side of Clyde Morris Boulevard, approximately 900 feet north from its intersection with Big Tree Road, near the City of Daytona Beach; ±9.86 acres, 5331-00-030180 and 5331-00-03-0240. Tentatively scheduled for County Council on July 17, 2014
PUD-13-052 – Application of Joseph H. Hopkins, P.E., agent for Direct Mail Express owners, requesting to amend Resolution 98-163 known as the Direct Mail Express Industrial Planned Unit Development (IPUD) to Mixed Use Planned Unit Development (MPUD), including but not limited to, permitted land uses. The property is located at 2421 Bellevue Avenue, Daytona Beach; ±9.98 acres; 5239-00-00-0630. Tentatively scheduled for County Council on July 17, 2014
C. OLD BUSINESS
NONE
VI. OTHER PUBLIC ITEMS
1. Z-14-054 - Administrative rezoning in the Seville and south DeLeon Springs area.………….. Becky Mendez, AICP, Senior Planning Manager
VII. STAFF ITEMS
NONE
VIII. COMMISSION COMMENTS
IX. PRESS AND CITIZEN COMMENTS
X. ADJOURNMENT
