August 11, 2015 PLDRC Agenda
Last Updated 08/11/15 7:54 a.m.
Update 1: V-15-047 Letter of Support
Update 2: V-15-046 Elevations
Update 3: S-15-042 Updated Traffic Comments
AGENDA
PLANNING AND LAND DEVELOPMENT REGULATION COMMISSION
PUBLIC HEARING
AUGUST 11, 2015
|
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
S-15-042 – Application of Roger Luznar, agent for Ronald E. Luznar, R.L. Family Revocable Trust, owner, requesting a special exception for temporary campsites on Prime Agriculture (A-1) zoned property. The property is located at 525 N. CR 415, New Smyrna Beach; + 4.8 acres; 7211-00-00-0050 Updated Traffic Comments
V-15-046 – Application of Matthew Lane, Blenheim Consulting, LLC, agent for Fairhomes Gulf Coast Housing LLP, owner, requesting a variance to maximum building height for a single-family residence on Urban Single-Family Residential (R-3) zoned property. The property is located at 2810 S. Peninsula Drive, Daytona Beach; + 17,598 square feet; 5327-05-00-0220 Elevations
V-15-047 – Application of Alex Ford, Jr., attorney for Michael and Lisa Stearns, owners, requesting a variance to the side yard requirement for an accessory structure (floating dock) on Urban Single-Family Residential (R-4) zoned property. The property is located at 24 Lake Ruby Drive, DeLand; + .83 acres; 7001-03-53-0080 Letter of Support
V-15-051 – Application of George Rodman, owner, requesting variances to minimum yard requirements for existing accessory structures on Urban Mobile Home/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (MH-5W) zoned property. The property is located at 182 Coleman Street, Edgewater; + 6,550 square feet; 8538-09-00-0510
V-15-052 – Application of Alex Ford, Jr., attorney for DeLand Retail Investment, LLC, applicant, and F.A. Ford et al, Levi Swallows, Charles and Tricia Kitchen, and George and Jane Demattio, owners, requesting a variance to the maximum off-street parking requirement on Heavy Commercial/Thoroughfare Overlay Zone (B-5C) and Heavy Commercial (B-5) zoned property. The property is located near the southeast corner of Woodland Boulevard and Beresford Avenue and bounded by Amelia Avenue, DeLand; + 12.57 acres; 7021-00-00-0650, 7021-00-00-0490, 7021-00-00-0601, 7021-00-00-0630
V-15-054 – Application of Deanie Lowe, agent for Rodger Lowe, owner, requesting variances to the minimum lot size requirements on Prime Agriculture (A-1) zoned property. The property is located at 4645 Holly Road, New Smyrna Beach; + 1.25 acres; 7231-00-00-1390
Z-15-055 – Application of James Golden, HSA Golden, agent for DeLand Landfill, Inc., dba Waste Management of Florida, Inc., owner, requesting a rezoning from Transitional Agriculture (A-3) zoning classification to Rural Agriculture (A-2) zoning classification. The property is located on the west side of Richfern Road, approximately 820 feet south of its intersection with West Plymouth Avenue, west of DeLand; + 21 acres; 7939-01-00-0350, 7939-03-00-0080, 7939-03-00-0070, 7939-03-00-0060, and 7939-01-00-0380
S-15-040 – Application of James Golden, HSA Golden, agent for DeLand Landfill, Inc., dba Waste Management of Florida, Inc., owner, requesting a special exception for a nonexempt excavation on proposed Rural Agriculture (A-2) zoned property. The property is located on the west side of Richfern Road, approximately 820 feet south of its intersection with West Plymouth Avenue, west of DeLand; + 21 acres; 7939-01-00-0350, 7939-03-00-0080, 7939-03-00-0070, 7939-03-00-0060, and 7939-01-00-0380
C. OLD BUSINESS
V-15-021 – Application of Kevin Zambrana, owner, requesting variances to the minimum yard requirements for a single-family residence and accessory structures on Urban Single-Family Residential (R-6) zoned property. The property is located at 102 Imperial Heights Drive, Ormond Beach; + 10,000 square feet; 3221-07-00-0061.
VI. OTHER PUBLIC ITEMS
NONE
VII. STAFF ITEMS
NONE
VIII. COMMISSION COMMENTS
IX. PRESS AND CITIZEN COMMENTS
X. ADJOURNMENT
