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

• Jeff Gove

• Taver Cornett

• Frank Severino

• Stony Sixma

• Jay Young

IV. PUBLIC HEARING ON PRIVATE REQUESTS

A. ITEMS TO BE CONTINUED OR WITHDRAWN

CONTINUED

NONE

WITHDRAWN

CPMA-003-09 – Application of James Morris, Storch Morris & Harris, LLC, attorney for 3629 WEST ISB LLC, owners, requesting a small scale comprehensive plan map amendment from the ULI (Urban Low Intensity) future land use designation to the COM (Commercial) future land use designation. The property is located on the south side of U.S. Highway 92, approximately ¼ mile east of its intersection with Roosevelt Boulevard, near the City of Daytona Beach; ± 4.04 acres (Stockham)

PUD-09-064 – James Morris, Storch Morris & Harris, LLC, attorney for 3629 WEST ISB LLC, owners, requesting a rezoning of ± 4.04 acres from the A-2C(5) (Rural Agriculture/Thoroughfare Overlay Zone/Highridge Neighborhood) and R-4C(5) (Urban Single-Family Residential/Thoroughfare Overlay Zone/Highridge Neighborhood) zoning classifications to the CARL’S FENCING BPUDC(5) (Business Planned Unit Development/Thoroughfare Overlay Zone/Highridge Neighborhood) zoning classification. The property is located on the south side of U.S. Highway 92, approximately ¼ mile east of its intersection with Roosevelt Boulevard, near the City of Daytona Beach (Stockham)

B. CONSENT AGENDA

Z-10-008 – Application of Bonnie Strickland, owner, requesting a rezoning from the RR (Rural Residential) zoning classification to the A-3 (Transitional Agriculture) zoning classification. The property is located on the south side of an unimproved portion of Taylor Road, at its western terminus near Km Denise Court southwest of the City of DeLand; ± 10 acres

C. NEW BUSINESS

CPMA-001-08– Application of Dwight DuRant, Zev Cohen & Associates, agent for Harry Merryday and Robert Ahrens, owners requesting a small scale comprehensive plan map amendment from the R (Rural) and ECO (Environmental Core Overlay) future land use designations to the I (Industrial) future land use designation. The property is located on the north side of SR 40, approximately 2.18 miles west of I-95 and 0.32 miles W of the intersection of Breakaway Trail; ± 8.18-acre (Jackson) 4127-00-00-0030 and 4127-00-00-0036

PUD-08-070 – Application of Dwight DuRant, Zev Cohen & Associates, agent for Harry Merryday and Robert Ahrens, owners, requesting a rezoning from the I-1 (Industrial), B-5 (Commercial) and A-2 (Agriculture) zoning classifications to the IPUD (Industrial Planned Unit Development) zoning classification. The property is located on the north side of SR 40, approximately 2.18 miles west of I-95 and 0.32 miles W of the intersection of Breakaway Trail; ±8.18-acre (Jackson) 4127-00-00-0030 and 4127-00-00-0036

CPMA-002-09– Application of Rubin Sheldon, agent for RR FARMS LLC, owner, requesting a small scale comprehensive plan map amendment from the AR (Agriculture Resource) future land use designation to the COM (Commercial) future land use designation. The property is located at the northeast corner of the intersection of Airport Road and Pioneer Trail; ± 9.637-acre (Jackson) 7306-01-00-0170

PUD-09-004 – Application of Rubin Sheldon, agent for RR FARMS LLC, owner requesting a rezoning from the A-1 (Prime Agriculture) zoning classification to the BPUD (Business Planned Unit Development) zoning classification. The property is located at the northeast corner of the intersection of Airport Road and Pioneer Trail; ± 9.637-acre (Jackson) 7306-01-00-0170

S-09-076 – Application of Hung Mai, MCL Engineering & Construction, agent for BSB Properties, LLC, owner, requesting a special exception for a junkyard on I-1(1) (Light Industrial / Low Impact Urban) and I-1C(1) (Light Industrial / Thoroughfare Overlay Zone / Low Impact Urban) zoned property. The property is located on the south side of U.S. Highway 92, ±330 ft. west of its intersection with Frances Drive, adjacent to the City of Daytona Beach; ± 12 acres (Nagle) 5233-00-00-0030

V-09-077 – Application of Hung Mai, MCL Engineering and Construction Corporation, agent for BSB Properties LLC, owner, requesting a variance to Section 72-293(10)(a) for a east side yard setback from the required 50 feet to 10 feet for a proposed accessory structure (car crusher canopy) on I-1(1) (Light Industrial / Low Impact Urban) and I-1C(1) (Light Industrial / Thoroughfare Overlay Zone / Low Impact Urban) zoned property. The property is located on the south side of U.S. Highway 92, ±330 ft. west of its intersection with Frances Drive, adjacent to the City of Daytona Beach; ± 12 acres (Nagle) 5233-00-00-0030

V-10-009 – Application of James De Michael, DeMichael Construction Co. LLC, agent for Olga Gretchyn, John Miles and Michael and Elena Klasing, owners, requesting a variance to Section 72-206(1) Nonconforming Lots to separate parcel 4832-02-00-0170 from parcel 4832-02-00-0180 on RC (Resource Corridor) zoned property. The property is located at 140 and 150 Belle Fountaine Avenue, west of Pierson; ± 20 acres combined (Nagle) 4832-02-00-0170 and 4832-02-00-0180

V-10-010 – Application of Carl and Laura Hodges, owners, requesting a variance to Section 72-206(1) Nonconforming Lots to separate parcels 8505-01-25-0110 and 8505-01-25-0120 from parcel 8505-01-25-0010 on R-9W (Urban Single Family Residential/Indian River Lagoon Surface Water Management Overlay Zone) and RCW (Resource Corridor/ Indian River Lagoon Surface Water Management Overlay Zone) zoned property. The property is located on the south side of Bonita Avenue at its western terminus, South Peninsula; ±7,590 sq. ft. (Nagle) 8505-01-25-0110 and 8505-01-25-0120

D. OLD BUSINESS

NONE

V. PUBLIC HEARING ON ADMINISTRATIVE OR COUNTY REQUESTS

A. ITEMS TO BE CONTINUED OR WITHDRAWN

NONE

B. NEW BUSINESS

Z-10-005 – Application of Douglas Weaver, Land Acquisition and Management, agent for County of Volusia, owner, requesting a rezoning from the A-1 (Prime Agriculture) and RC (Resource Corridor) zoning classifications to the C (Conservation) zoning classification. The subject property is located south of Rudman Road and adjacent to the eastern end of Prideaux Road, southeast of Lake Ashby; ± 10.30 acres (Ashley)

Z-10-006 – Application of Douglas Weaver, Land Acquisition and Management, agent for County of Volusia, owner, requesting a rezoning from the RC (Resource Corridor) and FR (Forestry Resource) zoning classifications to the C (Conservation) zoning classification. The subject property is located northwest of Lonesome Dove Trail, between Rudman Road and Lopez Road, southeast of Lake Ashby; ± 20.46 acres (Ashley)

Z-10-007 – Application of Douglas Weaver, Land Acquisition and Management, agent for County of Volusia and St. Johns River Water Management District, owners, requesting a rezoning from the FR (Forestry Resource) and RC (Resource Corridor) zoning classifications to the C (Conservation) zoning classification. The property is located on the south side of Lafayette Landing road approximately two miles east of State Road 11, near Lake Dias in the community of DeLeon Springs; ± 1,095 acres (Ashley)

C. OLD BUSINESS

NONE

VI. PROPOSED AMENDMENTS TO CODE OF ORDINANCES

NONE

VII. STAFF ITEMS

VIII. COMMISSION COMMENTS

IX. PRESS AND CITIZEN COMMENTS

X. ADJOURNMENT