DR48 2/26/04 DRC Agenda

________________________________________________________________________________________

I. OPENING

II. ROLL CALL

III. MINUTES

September 11, 2003

October 9, 2003

October 23, 2003

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.: 1778

Applicant: Heather Webster

Commissioner: The Honorable Peter A. Altman

Location: On the southeast corner of the intersection of Oakeller Drive and Owego Street, Section 04, Township 24 South, Range 17 East.

Acreage: 1 Acre, m.o.l.

Present Zoning: E‑R Estate-Residential

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

Requested: A reduction in the required minimum west-front setback from 50 feet to 43 feet.

RECOMMENDATION: Approval with conditions.

b. Petition No.: 1779

Applicants: Michael W. and Lynnette A. Rogers

Commissioner: The Honorable Ann Hildebrand

Location: On the southwest corner of the intersection of S.R. 54 and Geneva Road, Section 26, Township 26 South, Range 17 East.

Acreage: 1.53 Acres, m.o.l.

Present Zoning: C‑2 General Commercial

Land Use: ROR (Retail/Office/Residential)

Requested: A reduction in the required minimum south side-yard setback from 30 feet to 24 feet from a residentially zoned district.

RECOMMENDATION: Approval with conditions.

c. Petition No.: 1780

Applicants: Caliente Resorts, LLC, and David C. and Olga A. Devall

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the east side of Sombras Way, approximately 50 feet northeast of Vista Del Lago Avenue, Section 01, Township 26 South, Range 18 East.

Acreage: .34 Acre, m.o.l.

Present Zoning: MPUD Master Planned Unit Development

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

Requested: A reduction in the required minimum front setback from 20 feet to 18.1 feet for Lots 19, 20, and 21, and from 20 feet to 18.2 feet for Lot 22.

RECOMMENDATION: Approval with conditions.

d. Memorandum No.: DR04‑457

Project Name: Coastal Cadillac

Commissioner: The Honorable Peter A. Altman

Applicant: Spring Engineering, Inc., Agent

Location: On the southwest corner of Fox Hollow Drive and U.S. 19, Section 21, Township 25 South, Range 16 East.

Acreage: 8.19 Acres, m.o.l.

Proposed Development: Expand existing parking lot to be used for additional inventory-vehicle storage.

Requested: A variance from Section 7 of the Pasco County Landscaping and Irrigation Ordinance, which, if approved, would eliminate four required landscaped islands in a vehicle-storage lot.

RECOMMENDATION: Approval with conditions.

e. Memorandum No.: DR04‑560

Project Name: Woody Tucker

Commissioner: The Honorable Pat Mulieri, Ed.D.

Applicant: Woody Tucker, Owner

Location: On the southeast corner of Jasmine Boulevard and Scenic Drive, approximately 700 feet west of U.S. 19, Section 16, Township 25 South, Range 16 East.

Acreage: 2.08 Acres, m.o.l.

Proposed Development: A new 6,000-square-foot metal-building addition to an existing 10,937-square-foot, m.o.l., building.

Requested: Variance from Section 10 of the Pasco County Landscaping and Irrigation Ordinance, which, if approved, would eliminate three required buffers and relocate a fourth.

RECOMMENDATION: Approval with conditions.

f. Memorandum No.: DR04‑561

Project Name: BPS Addition

Commissioner: The Honorable Ann Hildebrand

Applicant: BPS Direct Marketing Services

Location: On the south side of Louis Avenue, approximately 700 feet east of Alternate U.S. 19, Section 31, Township 26 South, Range 16 East.

Acreage: 2.18 Acres, m.o.l.

Proposed Development: New 13,125-square-foot building addition to an existing 10,000-square-foot building.

Requested: Variance from Section 10 of the Pasco County Landscaping and Irrigation Ordinance, which, if approved, would waive the requirements for two required landscape buffers on the south and east property lines.

RECOMMENDATION: Approval with conditions.

g. Memorandum No.: DR04‑814

Project Name: Anclote Island Townhomes

Commissioner: The Honorable Ann Hildebrand

Applicant: KB Home

Location: At the end of Berry Hill Road, approximately 800 feet east of the intersection of Berry Hill Road and Grand Boulevard, Section 29, Township 26 South, Range 16 East.

Acreage: 22.8 Acres, m.o.l.

Proposed Development: The developer is requesting preliminary plan, alternative standards, and Land Development Code variance approvals to divide 22.8 acres into 92 single-family attached lots.

Requested: Relief from Section 519.5, Area, Density and Lot Width Requirements; Section 519.6, Coverage Regulations; and Section 519.7, Yard Regulations, of the Land Development Code.

RECOMMENDATION: Denial.

h. Memorandum No.: DR04‑815

Project Name: Anclote Island Townhomes

Commissioner: The Honorable Ann Hildebrand

Applicant: KB Home

Location: At the end of Berry Hill Road, approximately 800 feet east of the intersection of Berry Hill Road and Grand Boulevard, Section 29, Township 26 South, Range 16 East.

Acreage: 22.8 Acres, m.o.l.

Proposed Development: The developer is requesting preliminary plan, alternative standards, and zoning variance approvals to divide 22.8 acres into 92 single family lots.

Requested: Relief from Section 610.2.A, Corner Lots, and Section 306.17, Dedication, of the Land Development Code.

RECOMMENDATION: Denial.

i. Memorandum No.: DR04‑819

Project Name: Waters Edge

(Continued from the February 12, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Steve Simon

Applicant: The Ryland Group, Inc.

Location: On the west side of Moon Lake Road (C.R. 587), extending from approximately 325 feet south of Randee Road north to Banbury Avenue, Sections 20 and 29, Township 25 South, Range 17 East.

Acreage: 659.27 Acres, m.o.l.

Proposed Development: The developer is requesting preliminary plan approval to divide 659.27 acres into 882 single-family lots.

Requested: Relief from the Tree Protection and Restoration Ordinance No. 03‑02, Section 7.A.1.a, Tree Location Survey, and Section 9.C.2, Tree Replacement Requirements.

RECOMMENDATION: Approval with conditions for the Tree Location Survey and denial for the Tree Replacement Requirements.

j. Memorandum No.: DR04‑825

Project Name: Vista Lakes at Bailey's Bluff

(Continued from the February 12, 2004, Develop-ment Review Committee Meeting)

Commissioner: The Honorable Ann Hildebrand

Applicant: Martin Orlando, Inc.

Location: Northeast corner of Strauber Memorial Highway and Bailey's Bluff, south of Moog Road, Section 24, Township 26 South, Range 15 East.

Acreage: 53.11 Acres, m.o.l.

Proposed Development: The applicant is requesting preliminary plan approval to divide 53.11 acres into 80 single-family lots.

Requested: Relief from Pasco County Tree Protection and Restoration Ordinance No. 03‑02, Section 9.C.2, Tree Replacement Requirements, and the Land Development Code, Section 306.17, Dedication.

RECOMMENDATION: Approval with conditions.

k. Memorandum No.: DR04‑838

Project Name: The Champions Club

Commissioner: The Honorable Ann Hildebrand

Applicant: Adam Smith Enterprises, Inc.

Location: Southwest of Little Road and Mitchell Boulevard (Trinity), Section 26, Township 26 South, Range 16 East.

Acreage: 409.62 Acres, m.o.l.

Proposed Development: The Champions Club f.k.a. Fox Hollow is partially developed, 409.62 acres subdivided into 461 single-family lots.

Requested: Variance from a portion of Section 5.B of the Pasco County Landscaping and Irrigation Ordinance (50 Percent Drought-Tolerant Sod Requirement).

RECOMMENDATION: Withdrawn at applicant's request.

V. APPEALS

A. Class I

1. Memorandum No.: DR04‑670

Project Name: Orchid Lake Homeowners' Association Appeal of Ridge Road Common Plan of Development

Commissioner: The Honorable Steve Simon

Location: On the southwest corner of Ridge Road and Lemon Road, Section 27, Township 25 South, Range 16 East.

Acreage: 2.27 Acres, m.o.l.

Proposed Development: 98,937-square-foot Common Plan of Development to be developed into three commercial sites with related retention, site perimeter landscaping, etc.; Parcel C, Ridge Road Car Wash for a 3,200-square-foot car wash; Parcel B for a 2,130-square-foot oil-change facility; and Parcel D to be determined.

RECOMMENDATION: Deny the appeal request and uphold the December 24, 2003, Development Review Division approval.

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.: DR04‑830

Project Name: Auld Lane Yard Mulch and Recycling

(Continued from the February 20, 2003, March 27, 2003, August 28, 2003, and December 18, 2003, Development Review Committee Meetings)

Commissioner: The Honorable Ann Hildebrand

Location: On the south side of Auld Lane, approximately 220 feet east of Grand Boulevard, Section 29, Township 26 South, Range 16 East.

Acreage: 20.57 Acres, m.o.l.

Proposed Development: To construct a yard mulch and recycling facility.

RECOMMENDATION: Denial.

2. Memorandum No.: DR04‑831

Project Name: Coastal Cadillac Parking Lot Addition

Commissioner: The Honorable Peter A. Altman

Location: On Scenic Drive, approximately 400 feet south of Fox Hollow Drive, Section 21, Township 25 South, Range 16 East.

Acreage: 3.11 Acres, m.o.l.

Proposed Development: To construct a parking lot addition.

RECOMMENDATION: Approval with conditions.

3. Memorandum No.: DR04‑832

Project Name: Foggy Ridge

(Continued from the January 29, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the south side of S.R. 54 and on the east side of Foggy Ridge Parkway, Section 33, Township 26 South, Range 19 East.

Acreage: 5.96 Acres, m.o.l.

Proposed Development: To construct an eight-building, commercial complex totaling 41,151 square feet.

RECOMMENDATION: Denial.

4. Memorandum No.: DR04‑841

Project Name: Seven Oaks, North Loop Road, Mass Grading and Infrastructure

(Continued from the February 12, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: East of I-75 and west of S.R. 581, Sections 12 and 13, Township 26 South, Range 19 East.

Acreage: 471.19 Acres, m.o.l.

Proposed Development: To mass grade 471± acres and to install infrastructure.

RECOMMENDATION: Continue to the July 15, 2004, Development Review Committee meeting, at 1:30 p.m., in New Port Richey.

5. Memorandum No.: DR04‑833

Project Name: Suncoast Crossings North Pointe, Parcels G, H, and J, Common Plan of Development

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the southeast corner of the intersection of the Suncoast Parkway and S.R. 54, Section 30, Township 26 South, Range 18 East.

Acreage: 65.07 Acres, m.o.l.

Proposed Development: To construct a 172,670-square-foot commercial complex with Phase 1 being 3,370 square feet.

RECOMMENDATION: Continue to the July 15, 2004, Development Review Committee meeting, at 1:30 p.m., in New Port Richey.

6. Memorandum No.: DR04‑834

Project Name: U.S. Oncology-River Crossings

Commissioner: The Honorable Steve Simon

Location: On the west corner of the intersection of River Crossings Boulevard and East Haven Court, Section 11, Township 26 South, Range 16 East.

Acreage: 4.72 Acres, m.o.l.

Proposed Development: To construct a 22,030-square-foot medical-office building.

RECOMMENDATION: Approval with conditions.

7. Memorandum No.: DR04‑835

Project Name: Victorious Life Assembly, Addition II

(Continued from the December 4, 2003, Development Review Committee Meeting)

Commissioner: The Honorable Ted Schrader

Location: On the southeast corner of the intersection of Old Pasco Road and Oakley Boulevard, Section 01, Township 26 South, Range 19 East.

Acreage: 17.57 Acres, m.o.l.

Proposed Development: To construct a 7,320-square-foot building addition to total 52,190 square feet and a parking-lot expansion.

RECOMMENDATION: Approval with conditions.

C. Class III

1. Memorandum No.: DR04‑816

Project Name: Anclote Island Townhomes

Commissioner: The Honorable Ann Hildebrand

Location: At the end of Berry Hill Road, approximately 800 feet east of the intersection of Berry Hill Road and Grand Boulevard, Section 29, Township 26 South, Range 16 East.

Acreage: 22.8 Acres, m.o.l.

Proposed Development: The developer is requesting preliminary plan, alternative standard, and variance approval to divide 22.8 acres into 92 single-family lots.

RECOMMENDATION: Denial.

2. Memorandum No.: DR04‑817

Project Name: Ballantrae, Increment III, Villages 5 and 6A/6B

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the west and east sides of the proposed Ballantrae Boulevard, approximately one-half mile north of the intersection of S.R. 54 and Ballantrae Boulevard, Section 20, Township 26 South, Range 18 East.

Acreage: 134.17 Acres, m.o.l.

Proposed Development: The developer is requesting preliminary plan approval to divide 134.17 acres into 325 single-family lots.

RECOMMENDATION: Approval with conditions.

3. Memorandum No.: DR04‑839

Project Name: Palm Cove, Phase I

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the southeast corner of Boyette Road and Overpass Road, Section 33, Township 25 South, Range 20 East.

Acreage: 138.10 Acres, m.o.l.

Proposed Development: The developer is requesting approval of a preliminary/
construction plan and Stormwater Management Plan and Report with alternative standards request to subdivide 138.10 acres into 314 single-family lots.

RECOMMENDATION: Continue to the March 11, 2004, Development Review Committee meeting, at 1:30 p.m., in New Port Richey.

4. Memorandum No.: DR04‑818

Project Name: Sawgrass Subdivision

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the west side of U.S. 41, approximately three-quarter mile south of the intersection of U.S. 41 and Asbel Road, Sections 21 and 22, Township 25 South, Range 18 East.

Acreage: 358.81 Acres, m.o.l.

Proposed Development: The developer is requesting preliminary/construction plan and Stormwater Management Plan and Report approval to divide 358.81 acres into 438 single-family lots.

RECOMMENDATION: Continue to the June 24, 2004, Development Review Committee meeting, at 1:30 p.m., in New Port Richey.

5. Memorandum No.: DR04‑826

Project Name: Vista Lakes at Bailey's Bluff

(Continued from the February 12, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Ann Hildebrand

Location: Northeast corner of Strauber Memorial Highway and Bailey's Bluff, south of Moog Road, Section 24, Township 26 South, Range 15 East.

Acreage: 53.11 Acres, m.o.l.

Proposed Development: The developer seeks approval of a preliminary plan to subdivide 53.11 acres into 80 single-family lots. Under separate cover, the developer seeks a variance from Section 306.17, Dedication (Private Streets), and Ordinance No. 03‑02, Section 9.C.2, of the Pasco County Tree Protection and Restoration Ordinance (Tree Replacement).

RECOMMENDATION: Approval with conditions.

6. Memorandum No.: DR04‑820

Project Name: Waters Edge

(Continued from the February 12, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Steve Simon

Location: On the west side of Moon Lake Road (C.R. 587), extending from approximately 325 feet south of Randee Road North to Banbury Avenue, Sections 20 and 29, Township 25 South, Range 17 East.

Acreage: 659.27 Acres, m.o.l.

Proposed Development: The developer is requesting preliminary plan and alternative standards approval to divide 659.27 acres into 882 single-family lots.

RECOMMENDATION: Approval of Alternative No. 1.

VII. REGULAR AGENDA

A. Class II

None Scheduled

B. Class III

1. Memorandum No.: GM04‑591

Project Name: Boyette Road MPUD Master Planned Unit Development (a.k.a. Palm Cove) Roadway Alignment, Construction Phasing, and Intersection Improvement Plan

Commissioner: The Honorable Ted Schrader

Location: The southeast corner of Boyette Road and Overpass Road, Section 33, Township 25 South, Range 20 East.

Acreage: 274 Acres, m.o.l.

Proposed Development: The developer is requesting approval of the roadway alignment, construction phasing, and intersection improvement plan as required by Condition No. 34 of the MPUD Master Planned Unit Development conditions of approval.

RECOMMENDATION: Approval with conditions.

2. Memorandum No.: DR04‑827

Project Name: Summertree, Parcel 3B, PUD Planned Unit Development

(Continued from the January 15, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Steve Simon

Location: South of S.R. 52 on Paradise Pointe Way, Section 08, Township 25 South, Range 17 East.

Acreage: 69.42 Acres, m.o.l.

Proposed Development: The developer seeks approval of the preliminary plan to subdivide 69.42 acres into 140 single-family lots with variance request for Section 306.17, Dedication (Private Streets) and Section 602; and Ordinance No. 01‑017, Tree Protection and Restoration (allow partial tree replacement).

RECOMMENDATION: Approval with conditions.

3. Memorandum No.: GM04-592

Project Name: Waters Edge MPUD Master Planned Unit Development Roadway Phasing Plan

Commissioner: The Honorable Steve Simon

Location: The west side of Moon Lake Road, approximately one-half mile north of the intersection of Ridge Road and Moon Lake Road, Sections 20 and 29, Township 25 South, Range 17 East.

Acreage: 712 Acres, m.o.l.

Proposed Development: The developer is requesting approval of a Roadway Phasing Plan in accordance with his MPUD Master Planned Unit Development Conditions of Approval.

RECOMMENDATION: Approval of the Roadway Phasing Plan.

C. Class IV

None Scheduled

D. Utilities

None Scheduled

VIII. CONSISTENCY DETERMINATIONS

None Scheduled

IX. DISCUSSION

A. Discussion of Policy Issues

None Scheduled

X. INFORMATION

None Scheduled

XI. NOTED ITEMS

A. Class I Development Actions from February 4, 2004, to February 16, 2004:

1. Memorandum No.: DR04‑064

Project Name: Amoco Convenience Store

Commissioner: The Honorable Peter A. Altman

Applicant: Automated Petroleum and Energy Company, Inc.

Location: On the northwest corner of the intersection of S.R. 52 and Victory Drive, Section 03, Township 25 South, Range 16 East.

Acreage: 0.92 Acre, m.o.l.

Proposed Development: 3,200-square-foot convenience store with gasoline sales.

Type of Action: Approval.

Date of Action: February 4, 2004

2. Memorandum No.: DR04‑690

Project Name: GamesBrokers (WPIP Phase 2, Unit 3)

Commissioner: The Honorable Ann Hildebrand

Applicant: Jeffrey C. Bardin

Location: On the north side of Challenger Avenue, approximately 1,140 feet west of Success Drive, Section 29, Township 26 South, Range 17 East.

Acreage: 1.47 Acres, m.o.l.

Proposed Development: Two 9,625-square-foot buildings (totaling 19,250 square feet) for light manufacturing.

Type of Action: Approval.

Date of Action: February 12, 2004

3. Memorandum No.: DR04‑755

Project Name: Premier Security Services

Commissioner: The Honorable Ann Hildebrand

Applicant: Premier Security Services, Inc.

Location: Southeast corner of Perpetual Drive and Success Drive, Section 29, Township 26 South, Range 17 East.

Acreage: .93 Acre, m.o.l.

Proposed Development: Office/Warehouse.

Type of Action: Approval.

Date of Action: February 13, 2004

4. Memorandum No.: DR04‑771

Project Name: Bank of America at Shoppes of New Tampa

Commissioner: The Honorable Pat Mulieri, Ed.D.

Applicant: Bank of America

Location: The intersection of Bruce B. Downs Boulevard and S.R. 56, Section 31, Township 26 South, Range 20 East.

Acreage: 2.102 Acres, m.o.l.

Proposed Development: Bank.

Type of Action: Approval.

Date of Action: February 16, 2004

B. Class IIIE Development Actions

None Scheduled

C. Class IIIR Development Actions

None Scheduled