DR48 August 7, 2003, DRC Agenda (TLC)

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I. OPENING

II. ROLL CALL

III. MINUTES

June 5, 2003

Pages: 1-22

IV. VARIANCE PETITIONS

A. Public Hearing

Proof of Publication

B. Variance Review

The Development Review Committee may grant a variance from the terms of the Land Development Code when such variance will not be contrary to the public interest; where, owing to special conditions, a literal enforcement of the provisions of this code would result in unnecessary hardship or where improved or alternative technology would meet or exceed the development and construction standards set forth in this code. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of this code. Furthermore, such variance shall not be granted by the Development Review Committee unless and until a variance application is submitted demonstrating compliance with one or more of the following:

1. That special conditions and circumstances exist which are peculiar to the land, structures, or required subdivision improvements involved, and which are not applicable to other lands, structures, or required improvements.

2. That a literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties with similar conditions.

3. That the actions of the applicant did not cause the special conditions and circumstances which necessitate the variance.

4. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this code to other lands, structures, or required improvements under similar conditions.

5. Through improved or alternative technology, the development and construction standards set forth in this code are met or exceeded.

6. The Development Review Committee finds that the requirements of this code have been met based upon the review and findings of the Development Review Services Department and information presented at a public hearing.

7. The Development Review Committee further finds that the reasons set forth in the application justify the granting of the variance that would make possible the reasonable use of the land, buildings, or other improvements.

8. The Development Review Committee finds that the granting of the variance would be in harmony with the general standards, purpose, and intent of this code and will not be injurious to the surrounding territory, or otherwise be detrimental to the public welfare.

9. The Development Review Committee finds that the granting of the variance would not violate the Goals, Objectives, and Policies of the Comprehensive Plan.

a. Petition No.: 1756

Applicant: Tri County Development, Inc.

Commissioner: The Honorable Steve Simon

Location: On the east side of Starkey Boulevard and on the west side of Green Acres Boulevard, approximately 620 feet north of Wilderness Road, Section 01, Township 26 South, Range 16 East.

Acreage: 0.29 Acre, m.o.l.

Present Zoning: MPUD Master Planned Unit Development

Land Use: RES-3 (Residential - 3 du/ga)

Requested: An increase in the maximum-allowed height of a required buffer wall from six feet to eight feet adjacent to Lots 16 through 19 and a reduction in the required minimum rear-yard setback from the right-of-way of Starkey Boulevard from 25 feet to 16.85 feet for Lot 16 and from 25 feet to 19.79 feet for Lot 17.

RECOMMENDATION: Approval with conditions.

b. Petition No.: 1757

Applicant: James Reeves Cole

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the south side of Flat Rock Place, approximately 50 feet southwest of the intersection of Lake Saxon Drive and Flat Rock Place, Section 19, Township 26 South, Range 19 East.

Acreage: 0.44 Acre, m.o.l.

Present Zoning: PUD Planned Unit Development

Land Use: RES-6 (Residential - 6 du/ga)

Requested: An increase in the maximum-allowed height of an opaque, wooden fence on waterfront property from four feet to six feet along the east property line, approximately 175 feet from the mean high water line; an increase in the fence height outside the required minimum front setback line from four feet to six feet; and to allow the unfinished side of an opaque, wooden fence to face the adjoining lot to the east.

RECOMMENDATION: Denial.

c. Petition No.: 1758

Applicant: Lyn M. Tansing

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the north side of Hollybrook Trail, approximately 150 feet east of the intersection of Fortune Boulevard and Hollybrook Trail, Section 12, Township 26 South, Range 19 East.

Acreage: 0.18 Acre, m.o.l.

Present Zoning: MPUD Master Planned Unit Development

Land Use: MU (Mixed Use)

Requested: A reduction in the required minimum rear-yard setback from five feet to one foot for a screened room.

RECOMMENDATION: Denial.

d. Petition No.: 1759

Applicants: William Zahul III and Deborah Bell-Zahul

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the north side of Hialeah Way, approximately 750 feet west of Shenandoah Run, Section 24, Township 25 South, Range 19 East.

Acreage: 1.55 Acres, m.o.l.

Present Zoning: E-R Estate-Residential

Land Use: RES-1 (Residential - 1 du/ga)

Requested: A reduction in the required minimum front setback from 50 feet to 30 feet.

RECOMMENDATION: Approval with conditions.

e. Petition No.: 1760

Applicant: Horne Development, L.P./The Home Depot

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the north side of S.R. 54, approximately 238 feet west of Eiland Boulevard and on the west side of Eiland Boulevard, approximately 315 feet north of S.R. 54., Section 18, Township 26 South, Range 21 East.

Acreage: 13.21 Acres, m.o.l.

Present Zoning: C-2 General Commercial

Land Use: ROR (Retail/Office/Residential) and RES-6 (Residential - 6 du/ga)

Requested: An increase in the maximum-allowable sign- structure area for wall signage from 150 square feet to 290 square feet.

RECOMMENDATION: Denial.

f. Petition No.: 1761

Applicant: Toti Property Investments, Inc./Magnolia Spa

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the south side of S.R. 54, approximately 570 feet east of Carpenters Run, Section 33, Township 26 South, Range 19 East.

Acreage: 0.47 Acre, m.o.l.

Present Zoning: PUD Planned Unit Development

Land Use: RES-3 (Residential - 3 du/ga)

Requested: A reduction in the required minimum east-side setback from 30 feet to 17 feet.

RECOMMENDATION: Denial.

g. Petition No.: 1762

Applicant: Clinton L. Jensen

Commissioner: The Honorable Peter A. Altman

Location: On the north side of Nowiki Avenue, approximately 480 feet west of Lynch Lane, Section 28, Township 24 South, Range 16 East.

Acreage: 0.28 Acre, m.o.l.

Present Zoning: R-4 High Density Residential

Land Use: RES-6 (Residential - 6 du/ga)

Requested: A reduction in the required minimum west-side setback from 15 feet to 7 feet from the mean high water line.

RECOMMENDATION: Approval with conditions.

h. Petition No.: 1763

Applicants: Guy E. and Nancy Colson

Commissioner: The Honorable Peter A. Altman

Location: On the south side of Driftwood Drive, approximately 1,550 feet west of Bendl Lane, Section 28, Township 24 South, Range 16 East.

Acreage: 0.15 Acre, m.o.l.

Present Zoning: R-4 High Density Residential

Land Use: RES-6 (Residential - 6 du/ga)

Requested: An increase in the maximum-allowable projection in the required front-yard area from 4 feet to 12 feet for steps.

RECOMMENDATION: Denial.

i. Memorandum No.: DR03-1669

Project Name: Coyote Ranch Estates

Commissioner: The Honorable Peter A. Altman

Applicant: R. J. Land Group, Inc.

Location: Southwest corner of Kitten Trail and Coyote Road, Section 29, Township 24 South, Range 17 East.

Acreage: 32.30 Acres, m.o.l.

Proposed Development: The developer is dividing 32.30 acres into six lots.

Requested: The developer requests a variance from Section 306.4, Stormwater Management Plan and Report; Section 306.6, Construction Plan Review; and Section 306.10, Record Plat Review. Under separate cover, the developer is requesting to subdivide 32.30 acres into six lots.

RECOMMENDATION: Approval with conditions.

Pages: 1-72

V. APPEALS

A. Class I

None Scheduled

B. Class II

None Scheduled

C. Class III

None Scheduled

D. Class IV

None Scheduled

E. Consistency

None Scheduled

VI. PUBLIC NOTICE AGENDA

A. Proof of Public Notice

B. Class II

1. Memorandum No.: DR03-1743

Project Name: Hilltop Commercial Site

(Continued from the July 17, 2003, Development Review Committee Meeting)

Commissioner: The Honorable Steve Simon

Location: On the east side of Little Road, approximately 1,800 feet south of Fox Hollow Drive, Section 23, Township 25 South, Range 16 East.

Acreage: 3.91 Acres, m.o.l.

Proposed Development: To construct eight buildings to total 20,000 square feet.

RECOMMENDATION: Denial.

2. Memorandum No.: DR03-1744

Project Name: Hunting Creek West Professional Center

Commissioner: The Honorable Ann Hildebrand

Location: On the west side of S.R. 54, approximately 1,200 feet south of Anclote River Overpass, Section 23, Township 26 South, Range 16 East.

Acreage: 16.09 Acres, m.o.l.

Proposed Development: To mass grade the site and to approve the preliminary plan for 99,542 square feet of professional office space.

RECOMMENDATION: Continue to the December 18, 2003, Development Review Committee meeting, at 1:30 p.m., in New Port Richey.

C. Class III

1. Memorandum No.: DR03-1668

Project Name: Coyote Ranch Estates

Commissioner: The Honorable Peter A. Altman

Location: Southwest corner at Kitten Trail and Coyote Road, Section 29, Township 24 South, Range 17 East.

Acreage: 32.30 Acres, m.o.l.

Proposed Development: The developer is requesting to divide 32.30 acres into six single-family detached lots. Under separate cover, the developer is seeking a variance from Section 306.4, Stormwater Management Plan and Report; Section 306.6, Construction Plan Review; and Section 306.10, Record Plat Review.

RECOMMENDATION: Approval with conditions.

Pages: 73-86

VII. REGULAR AGENDA

A. Class II

None Scheduled

B. Class III

1. Memorandum No.: DR03-1664

Project Name: Amber Woods North and South

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the east side of East Road, approximately one mile south of County Line Road, Sections 10 and 11, Township 24 South, Range 17 East.

Proposed Development: The applicant is requesting to delete Condition Nos. 31, 35, and 36 of the approved preliminary plan.

RECOMMENDATION: Approve deletion of the conditions per the developer's request.

2. Memorandum No.: DR03-1686

(Continued from the June 19, 2003, Development Review Committee Meeting)

Project Name: Highland Ridge PUD Planned Unit Development

Commissioner: The Honorable Peter A. Altman

Location: On the southeast corner of Little Road and Upland Drive, Section 25, Township 24 South, Range 16 East.

Acreage: 29.4 Acres, m.o.l.

Proposed Development: The developer is requesting to subdivide 29.4 acres into 50 single-family detached lots.

RECOMMENDATION: Approval with conditions.

Pages: 87-116

C. Class IV

None Scheduled

D. Utilities

None Scheduled

VIII. CONSISTENCY DETERMINATIONS

A. Memorandum No.: GM03-1202

Project Name: New Elementary School "G"

Commissioner: The Honorable Peter A. Altman

Location: Next to St. Michaels Catholic Church on S.R. 52, Section 11, Township 25 South, Range 16 East.

Acreage: 22.04 Acres, m.o.l.

Proposed Development: New Elementary School.

RECOMMENDATION: Consistent.

B. Memorandum No.: GM03-1203

Project Name: Middle School "EE"

Commissioner: The Honorable Ann Hildebrand

Location: In Holiday, on Sweetbriar Drive, one-quarter mile north of Anclote Boulevard, Section 35, Township 26 South, Range 15 East.

Acreage: 42.15 Acres Actual

Proposed Development: New site for Middle School "EE."

RECOMMENDATION: Consistent.

Pages: 117-143

IX. DISCUSSION

A. Discussion of Policy Issues

None Scheduled

X. INFORMATION

None Scheduled

XI. NOTED ITEMS

A. Class I Development Actions from July 15, 2003, to July 29, 2003:

1. Memorandum No.: DR03-1514

Project Name: M & M Auto

Commissioner: The Honorable Ann Hildebrand

Applicant: Joe Macaluso/M & M Auto Service, Inc.

Location: On the south side of S.R. 54, approximately 300 feet east of Pensdale Drive, Section 20, Township 26 South, Range 16 East.

Acreage: 0.28 Acre

Proposed Development: 1,640 Square Feet of Office/Shop.

Type of Action: Approval.

Date of Action: July 15, 2003

2. Memorandum No.: DR03-1648

Project Name: Crystal Springs Preserve Education Center

Commissioner: The Honorable Ted Schrader

Applicant: Crystal Springs Recreational Preserve, Inc.

Location: Approximately 200 feet west of Crystal Springs Road and approximately one-half mile north of Baltimore Avenue, Section 35, Township 26 South, Range 21 East.

Acreage: 5.80 Acres, m.o.l.

Proposed Development: Environmental Education Center.

Type of Action: Approval.

Date of Action: July 21, 2003

3. Memorandum No.: DR03-1412

Project Name: Central Pasco Chamber of Commerce

Commissioner: The Honorable Pat Mulieri, Ed.D.

Applicant: Central Pasco Chamber of Commerce

Location: On the east side of U.S. 41, approximately 350 feet south of Coakley Lane, Section 25, Township 26 South, Range 18 East.

Acreage: 0.28 Acre, m.o.l.

Proposed Development: Commerce Center.

Type of Action: Approval.

Date of Action: July 23, 2003

4. Memorandum No.: DR03-1376

Project Name: KFC/Taco Bell

Commissioner: The Honorable Steve Simon

Applicant: Yum! Brands

Location: On the east side of Little Road, approximately one-quarter mile south of Ridge Road, Section 26, Township 25 South, Range 16 East.

Acreage: 1.68 Acres Actual

Proposed Development: A 3,126-Square-Foot Restaurant with Drive Through.

Type of Action: Approval.

Date of Action: July 25, 2003

5. Memorandum No.: DR03-076

Project Name: Suncoast Lakes Community Center

Commissioner: The Honorable Steve Simon

Applicant: F C Suncoast, LLC

Location: Approximately 1.07 miles south of S.R. 52, approximately one-third mile west of the Suncoast Parkway, Section 13, Township 25 South, Range 17 East.

Acreage: 2.6 Acres, m.o.l.

Proposed Development: Community Center.

Type of Action: Approval.

Date of Action: July 29, 2003

B. Class IIIE Development Actions from July 28, 2003, to July 28, 2003:

1. Memorandum No.: DR03-013

Project Name: Fleming Subdivision

Commissioner: The Honorable Ted Schrader

Applicant: Gayle Williams

Location: On the south side of Darby Road, approximately one-half mile east of the intersection of I-75 and Darby Road, Section 33, Township 24 South, Range 20 East.

Acreage: 15.0 Acres Actual

Proposed Development: To divide 15.0 acres into three single-family lots and a waiver from Sections 306.5, Stormwater Management Plan and Report; 306.7, Construction Plan; 602.5, Submittal Requirements, Review, and Determination Process; and 602.7, Tree Plan.

Type of Action: Approval with conditions.

Date of Action: July 28, 2003

C. Class IIIR Development Actions

None Scheduled