May 16, 2019 PLDRC Agenda

Last Updated 05/13/19 8:27 a.m.

Revision 051319: Revised Staff Report S-19-016
 

VOLUSIA COUNTY
PLANNING AND LAND DEVELOPMENT REGULATION COMMISSION
 PUBLIC HEARING AGENDA
MAY 16, 2019

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COMMISSION MEMBERS

Ronnie Mills, Chair
Jeffrey Bender, Vice-Chair
Wanda Van Dam, Secretary
Jay Young
Steve Costa
Frank Costa
Vacant

STAFF

Michael Rodriguez, Assistant County Attorney
Scott Ashley, AICP, Senior Zoning Manager
Susan Jackson, AICP, Senior Planning Manager
Patricia Smith, AICP, Planner III
David Stallworth, AICP, Planner II
Samantha J. West, Planner II
Jessica R. Flowers, Staff Assistant II
Yolanda Somers, Staff Assistant II


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 itsprograms, 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 two 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 the 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.

Assisted listening system receivers are available for the hearing impaired, and can be obtained from the Commission liaison by calling 386-736-5959 extension 12735 or 12777.

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I.  CALL TO ORDER 9:00 a.m. 
The Frank T. Bruno, Jr. County Council Chambers, Room 204, Thomas C. Kelly Administration Center, 123 West Indiana Avenue, DeLand, Florida.

II.  PLEDGE OF ALLEGIANCE
To be led by the commission chair.

III.  ROLL CALL             

IV.  MINUTES
The following are draft minutes by hearing date that the commission has not approved.  Therefore, they are unofficial and are subject to change or correction:

V.  COMMENTS

A. CHAIR'S COMMENT
The 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.

B. LEGAL COMMENT
Mr. Rodriguez 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.

VI. Disclosure of Ex Parte Communications
Members of the Volusia County Planning & Land Development Regulation Commission 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.

VII. PUBLIC HEARING

A. ITEMS TO BE CONTINUED OR WITHDRAWN
Items to be continued or withdrawn 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.

None

B. NEW BUSINESS

adobe reader iconS-19-016 - Application of Steven P. Sprague, agent for 1430 County Line Road, LLC, owner, requesting a special exception for a rural event center on Prime Agriculture (A-1) zoned property.  The property is located at 1430 County Line Road, Oak Hill; Parcel Number(s): 9442-00-00-0024; ± 30.80 acres.This is tentatively scheduled for the August 6, 2019 county council public hearing.

adobe reader iconV-19-052 - Application of Steven P. Sprague, agent for 1430 County Line Road, LLC, owner, requesting a variance to minimum yard requirements, landscape requirements and parking setback for a rural event center on Prime Agriculture (A-1) zoned property.  The property is located at 1430 County Line Road, Oak Hill; Parcel Number(s): 9442-00-00-0024; ± 30.80 acres.

adobe reader iconV-19-044 – Application of Dennis and Nancy Clark, owners, requesting a variance to separate nonconforming lots on Prime Agriculture (A-1) zoned property.  The properties are located at 420 and 430 North Samsula Drive, New Smyrna Beach; Parcel Number(s): 7212-01-03-0111 and 7212-01-03-0121; ± 2.00 acres and ± 5.00 acres, respectively.

adobe reader iconV-19-045 – Application of Raymond A. Biernacki, Jr., attorney for Glenda Sue Wilson and Donna H. Conerly, owners, requesting a variance to separate nonconforming lots on Urban Single-Family Residential (R-3) zoned property.  The properties are located at 1285 and 1289 East Wisconsin Avenue, DeLand; Parcel Number(s): 7010-00-00-0160 and 7010-00-00-0161; ± 0.72 acres and ± 1.54 acres, respectively.

adobe reader iconV-19-046 – Application of Marshall and Donna McKendree, owners, requesting a variance to the cumulative area of accessory structures and the minimum yard requirements for an accessory structure on Rural Residential (RR) zoned property.  The property is located at 2430 Whooping Crane Drive, DeLeon Springs; Parcel Number(s): 6037-04-04-0100; ± 0.79 acres.

adobe reader iconV-19-047 – Application of Darrell and Marla Nance, owners, requesting a variance to the minimum yard requirements on Urban Single-Family Residential (R-9) zoned property.  The property is located at 6506 South Atlantic Avenue, New Smyrna Beach; Parcel Number(s): 8505-01-34-0060, 8505-01-13-0060, and 8505-01-13-0070; ± 7,000 square feet.

adobe reader iconV-19-048 – Application of Nikki Holland, agent for Russell T. Meyer, Joshua R. Meyer, and Jesse J. Meyer, owners, requesting a variance to the minimum yard requirements on Urban Single-Family Residential (R-3) zoned property.  The property is located on Ridge Boulevard, DeLand; Parcel Number(s): 7012-02-04-0100; ± 0.25 acres.

adobe reader iconV-19-049 – Application of Robert and Samantha Brannen, agents for Middle River Management, Inc., owner, requesting a variance to separate nonconforming lots on Prime Agriculture (A-1) zoned property.  The properties are located on the south side of Putnam Grove Road, Oak Hill; Parcel Number(s): 9537-01-00-0020 and 9537-02-00-0140; ± 8.1 acres and ± 5 acres, respectively.

adobe reader iconV-19-050 – Application of Kenneth R. Lewis, owner, requesting a variance to the minimum yard requirements on Rural Residential (RR) zoned property.  The property is located at 209 Riverbend Road, Ormond Beach; Parcel Number(s): 4136-01-03-0030; ± 1 acre.

adobe reader iconV-19-051 – Application of Michael Wojtuniak, agent for Timothy Ross, owner, requesting a variance to the minimum yard requirements on Prime Agriculture (A-1) zoned property.  The property is located at 2795 Big John Drive, DeLand; Parcel Number(s): 6130-01-07-0280; ± 2.5 acres.

adobe reader iconV-19-054 - Application of Martin and Beulah Chandler, owners, requesting a variance to the minimum yard requirements on Rural Residential (RR) zoned property.  The property is located at 2120 Depot Street, DeLand; Parcel Number(s): 6944-01-00-0679; ± 1.23 acres.

adobe reader iconZ-19-040 – Application of the County of Volusia, requesting an administrative rezoning of approximately 1940 properties from the Urban Single-Family Residential (R-4) zoning classification to the Urban Single-Family Residential (R-5) zoning classification on property located east of John Anderson Drive, west of Ocean Shore Boulevard, north of Sandcastle Drive and south of Michael Crotty Bicentennial Park.  This is tentatively scheduled for the July 2, 2019 county council public hearing.

C. OLD BUSINESS

adobe reader iconV-19-024 - Application of Benjamin B. Hedrick, agent for Laura J. Ortiz, owner, requesting a variance to the minimum yard requirements and maximum fence height on Urban Single-Family Residential (R-3) zoned property.  The property is located at 1434 John Anderson Drive, Ormond Beach; Parcel Number(s): 3234-13-00-0340; ± 11,700 square feet.

XI. OTHER PUBLIC ITEMS

X. STAFF ITEMS

XI. STAFF COMMENTS

XII. COMMISSION COMMENTS

XIII. PRESS AND CITIZEN COMMENTS

XIV. ADJOURNMENT