DR48 May 27, 2004 DRC Agenda

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I. OPENING

II. ROLL CALL

III. MINUTES

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.: 1788

Applicant: Sandra Jane Bridges

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the north side of Greenbrook Avenue, approximately 530 feet west of Meadowbrook Street, extending northerly to Seebrook Avenue, Section 09, Township 26 South, Range 21 East.

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

Present Zoning: A‑R Agricultural-Residential

Land Use: RES‑9 (Residential - 9 du/ga)

Requested: A reduction in the required minimum lot area from 1 acre to .93 acre.

RECOMMENDATION: Approval with conditions.

b. Petition No.: 1789

Applicants: Phillip and Eileen Tennant

Commissioner: The Honorable Peter A. Altman

Location: On the south side of Southwind Drive, approximately 750 feet west of Old Dixie Highway, Section 22, Township 24 South, Range 16 East.

Acreage: .31 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 rear setback from five feet to two feet for a screened, pool enclosure.

RECOMMENDATION: Approval with conditions.

c. Petition No.: 1790

Applicants: Geren C., Mary Jane, Kent C., and Talena K. Moegerle

Commissioner: The Honorable Ann Hildebrand

Location: On the northwest corner of the intersection of Ferrell Street and Marjorie Street, Section 19, Township 26 South, Range 17 East.

Acreage: .17 Acre, m.o.l.

Present Zoning: MPUD Master Planned Unit Development

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

Requested: A reduction in the required minimum south-front setback from ten feet to eight feet for a pool; from ten feet to five feet for a screened, pool enclosure; and to allow a pool in the front yard.

RECOMMENDATION: Approval with conditions.

d. Petition No.: 1791

Applicants: Exxon Corporation Service Station #40354 et al.

Commissioner: The Honorable Peter A. Altman

Location: On the southwest corner of the intersection of U.S. 19 and Hudson Avenue, Section 27, Township 24 South, Range 16 East.

Acreage: 2.3 Acres, m.o.l.

Present Zoning: C‑2 General Commercial

Land Use: ROR (Retail/Office/Residential)

Requested: A reduction in the required clear-zone setback of 60 feet, plus the required minimum north front setback of 25 feet, totaling 85 feet to 77.59 feet from the paved centerline of Hudson Avenue.

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

e. Memorandum No.: DR04‑1047

Project Name: Foggy Ridge

Commissioner: The Honorable Pat Mulieri, Ed.D.

Applicant: R. Mark Willett

Location: Approximately 235 feet east of Foggy Ridge Parkway and 816 feet west of Oak Grove Drive, Section 33, Township 26 South, Range 19 East.

Acreage: 5.7 Acres, m.o.l.

Proposed Development: Professional Office, Day Care, Retail, and Dance Studio

Requested: Variance from Landscape and Irrigation Ordinance No. 02‑04, Section 10.

RECOMMENDATION: Denial.

f. Memorandum No.: DR04‑1183

Project Name: Quick Lube

Commissioner: The Honorable Ted Schrader

Applicant: P & P Enterprises, Inc.

Location: On the northwest corner of I‑75 and Wesley Chapel Boulevard, Section 12, Township 26 South, Range 19 East.

Acreage: .98 Acre, m.o.l.

Proposed Development: Automotive Service

Requested: Variance from Landscape and Irrigation Ordinance No. 02‑04, Section 9.

RECOMMENDATION: Approval.

g. Memorandum No.: DR04‑1382

Project Name: Himes Property

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

Commissioner: The Honorable Pat Mulieri, Ed.D.

Applicant: Tim Himes

Location: On the east side of U.S. 41, approximately 570 feet north of U.S. 41 and Willow Bend Parkway intersection, Section 36, Township 26 South, Range 18 East.

Acreage: 4.03 Acres, m.o.l.

Proposed Development: 5,000-Square-Foot Building

Requested: Variance from Landscaping and Irrigation Ordinance No. 02‑04, Sections 7, 8, and 10.

RECOMMENDATION: Denial.

h. Memorandum No.: DR04‑1490

Project Name: Walgreen's No. 7466 at Hudson

(Continued from the May 13, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Peter A. Altman

Applicants: Land Quest XXIII, Exxon Mobil Corporation et al.

Location: On the southwest corner of the intersection of U.S. 19 and Hudson Avenue, Section 27, Township 24 South, Range 16 East.

Acreage: 2.30 Acres, m.o.l.

Proposed Development: Proposed 14,820-square-foot pharmacy, existing 2,780-square-foot Burger King.

Requested: Variance from Sections 6.C.9.d, 7.H, 7.J, 7.L, and 10 of Landscaping and Irrigation Ordinance No. 02‑04 for the Burger King portion of the site.

RECOMMENDATION: Approval with conditions.

i. Memorandum No.: DR04‑1521

Project Name: Tara Oaks Estates

Commissioner: The Honorable Ted Schrader

Applicant: Carlos Sutton

Location: South of U.S. 98 on Stanton Hall Drive, Sections 20 and 29, Township 25 South, Range 22 East.

Acreage: 63.23 Acres, m.o.l.

Proposed Development: Under separate cover, the applicant is seeking approval of a preliminary/construction plan and Stormwater Management Plan and Report to subdivide 63.23 acres into 27 single-family lots.

Requested: The applicant requests a variance from Section 306.17, Dedication, if approved, this would allow for private streets.

RECOMMENDATION: Continue to the September 23, 2004, Development Review Committee meeting, at 1:30 p.m., in Dade City.

j. Memorandum No.: GM04‑975

Project Name: Proposed 04‑02 Biannual Comprehensive Plan Amendments

Commissioners: The Honorable Pat Mulieri, Ed.D., and The Honorable Ted Schrader

Location: Various Locations

Proposed Development: Future Land Use Map Amendments

RECOMMENDATION: Approval.

Pages: 1‑180

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.: DR04‑1526

Project Name: Belk at Collier Commons

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the northwest corner of the intersection of S.R. 54 and Collier Parkway, Section 30, Township 26 South, Range 19 East.

Acreage: 8.0 Acres, m.o.l.

Proposed Development: To construct 105,505 square feet of office and retail space.

RECOMMENDATION: Approval with conditions.

2. Memorandum No.: DR04‑1527

Project Name: Country Walk Club House

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: Within the proposed County Walk Subdivision, on the west side of Meadow Pointe Boulevard, approximately 4,500 feet south of S.R. 54, Section 16, Township 26 South, Range 20 East.

Acreage: 7.52 Acres, m.o.l.

Proposed Development: To construct an 8,517-square-foot recreation building complex with amenities.

RECOMMENDATION: Continue to the July 29, 2004, Development Review Committee meeting, at 1:30 p.m., in Dade City.

3. Memorandum No.: DR04‑1528

Project Name: Florida Youth Conservation Corps

(Continued from the April 15 and 29, 2004, Development Review Committee Meetings)

Commissioner: The Honorable Ted Schrader

Location: On the west side of Thorn Haven Lane, approximately 2,000 feet west of Power Line Road, Section 04, Township 24 South, Range 21 East.

Acreage: 40.24 Acres, m.o.l.

Proposed Development: To bring six buildings (4,936 square feet) into compliance.

RECOMMENDATION: Approval with conditions.

4. Memorandum No.: DR04‑1529

Project Name: Foggy Ridge

(Continued from the January 29, February 26, and March 25, 2004, Development Review Committee Meetings)

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 a commercial complex to total 41,151 square feet.

RECOMMENDATION: Continue to the June 10, 2004, Development Review Committee meeting, at 1:30 p.m., in Dade City.

5. Memorandum No.: DR04‑1530

Project Name: Osprey Lane

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the east side of Osprey Lane and on the south side of S.R. 54, Section 25, Township 26 South, Range 18 East.

Acreage: 4.38 Acres, m.o.l.

Proposed Development: To construct a 4,686-square-foot restaurant and 31,400 square feet of office space, totaling 36,086 square feet.

RECOMMENDATION: Continue to the July 29, 2004, Development Review Committee meeting, at 1:30 p.m., in Dade City.

6. Memorandum No.: DR04‑1531

Project Name: Reed Property

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

Commissioner: The Honorable Ted Schrader

Location: Approximately 2,500 feet northwest of the intersection of Duck Lake Canal Road to Burggraf Lane, Section 06, Township 25 South, Range 22 East.

Acreage: 63.46 Acres, m.o.l. (4.02 Acres Project Area)

Proposed Development: To construct a private motorcross course.

RECOMMENDATION: Approval with conditions.

7. Memorandum No.: DR04‑1532

Project Name: Saddlebrook Commercial West, Lot 16, Tract A

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

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the south side of C.R. 54 opposite the Old Pasco Road intersection, Sections 11 and 12, Township 26 South, Range 19 East.

Acreage: 37.61 Acres, m.o.l.

Proposed Development: To modify the existing common plan of development establishing phase lines and to construct Phase I containing six lots.

RECOMMENDATION: Approval with conditions.

8. Memorandum No.: DR04‑1533

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

(Continued from the February 12, February 26, March 11, April 29, 2004, Development Review Committee Meetings)

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 and install infrastructure.

RECOMMENDATION: Approval with conditions.

9. Memorandum No.: DR04‑1534

Project Name: Spanish Lakes Road Alignment

(Continued from the May 13, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On the north side of S.R. 52, approximately .1 mile west of Shady Hills Road, Sections 06 and 07, Township 25 South, Range 18 East.

Acreage: 35.69 Acres, m.o.l.

Proposed Development: To resolve right-of-way alignment-related questions.

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

10. Memorandum No.: DR04‑1535

Project Name: Sun Toyota Preowned Sales Center

Commissioner: The Honorable Ann Hildebrand

Location: On the northwest corner of the intersection of S.R. 54 and Grand Boulevard, Section 17, Township 26 South, Range 16 East.

Acreage: 6.83 Acres, m.o.l.

Proposed Development: To construct two buildings containing 6,501 square feet of office warehouse and showroom space to total 23,066 square feet.

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

C. Class III

1. Memorandum No.: GM04‑996

Project Name: Bexley Ranch

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

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: One and one-half miles north of S.R. 54, east of Suncoast Parkway, and west of CSX Railroad, Sections 03-11 and 15-17, Township 26 South, Range 18 East.

Acreage: 6,872 Acres, m.o.l.

Proposed Development: Development of Regional Impact No. 255 Bexley Ranch which requires a change to the Future Land Use Map from RES‑3 (Residential - 3 du/ga) to ROR (Retail/Office/ Residential) on 239 acres and a Flexible Boundary Overlay on the remaining 6,633 acres.

RECOMMENDATION: Continue to the June 10, 2004, Development Review Committee meeting, at 1:30 p.m., in Dade City.

2. Memorandum No.: DR04‑1537

Project Name: The Greens at Hidden Creek PUD Preliminary Plan Amendment

Commissioner: The Honorable Peter A. Altman

Location: On the north side of Eiland Boulevard, approximately one-half mile west of the intersection of Dean Dairy Road and Eiland Boulevard, Sections 04 and 05, Township 26 South, Range 21 East.

Acreage: 53.59 Acres, m.o.l.

Proposed Development: The applicant requests to amend the approved PUD Planned Unit Development preliminary plan to 1) eliminate single-family attached products, 2) eliminate the gate and masonry buffer wall, and 3) conversion from private to public streets

RECOMMENDATION: Approval with conditions.

3. Memorandum No.: DR04‑1540

Project Name: Sawgrass, Phases One and Two

(Continued from the May 13, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Pat Mulieri, Ed.D.

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

Acreage: 107.20 Acres, m.o.l.

Proposed Development: The developer is requesting preliminary/construction plan, Stormwater Management Plan and Report, and alternative standards approval to divide 199.25 acres into 436 single-family lots.

RECOMMENDATION: Approval with conditions.

4. Memorandum No.: DR04‑1544

Project Name: Seven Oaks, Parcels S4A, S4B, S5A, and S5B

Commissioner: The Honorable Pat Mulieri, Ed.D.

Location: On both sides of Ancient Oaks Boulevard, north and south of Mystic Oak Boulevard, Sections 03 and 24, Township 26 South, Range 19 East.

Acreage: 102.87 Acres, m.o.l.

Proposed Development: The applicant seeks approval of preliminary construction plan with Stormwater Management Plan and Report to subdivide 102.87 acres into 195 single-family attached/ detached lots.

RECOMMENDATION: Approval with conditions.

5. Memorandum No.: DR04‑1518

Project Name: Tampa Bay Golf and Tennis Club, Phase 5

(Continued from the May 13, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Ted Schrader

Location: On the west side of I‑75, approximately 1½ miles south of S.R. 52, Sections 17 and 20, Township 25 South, Range 20 East.

Acreage: 93.18 Acres, m.o.l.

Proposed Development: The developer seeks approval of the preliminary/ construction plan and Stormwater Management Plan and Report to subdivide 93.18 acres into 311 single-family lots.

RECOMMENDATION: Approval with conditions.

6. Memorandum No.: DR04‑1520

Project Name: Tara Oaks Estates

(Continued from the March 11, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Ted Schrader

Location: South of U.S. 98 on Stanton Hall Drive, Sections 20 and 29, Township 25 South, Range 22 East.

Acreage: 63.23 Acres, m.o.l.

Proposed Development: The applicant is seeking approval of the preliminary construction plan and Stormwater Management Plan and Report to subdivide 63.23 acres into 27 single-family lots. Under separate cover, the developer is seeking a variance from Section 306.17, Dedication (Private Roads).

RECOMMENDATION: Continue to the September 23, 2004, Development Review Committee meeting, at 1:30 p.m., in Dade City.

7. Memorandum No.: DR04‑1506

Project Name: Waters Edge

(Continued from the May 13, 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 an amendment to the wording of the previously approved Development Review Committee condition requiring a pedestrian access from Moon Lake Road right-of-way to the proposed park site. In addition, the project has gone through the concurrency process to upgrade the level of service from 106 lots to 388 lots.

RECOMMENDATION: Approval of the revised condition as created by the Development Review Division and approval of the additional lots for issuance of a conditional level of service.

Pages: 181‑284

VII. REGULAR AGENDA

A. Class II

1. Memorandum No.: DR04‑1435

Project Name: Columns at Seven Springs

(Continued from the May 13, 2004, Development Review Committee Meeting)

Commissioner: The Honorable Ann Hildebrand

Location: On the east side of Seven Springs Boulevard and approximately 1,300 feet north of Perrine Ranch Road, Section 27, Township 26 South, Range 16 East.

Acreage: 18.9 Acres, m.o.l.

Proposed Development: To discuss conditions of the May 13, 2004, preliminary/ construction site plan approval.

Pages 284‑290

B. Class III

None Scheduled

C. Class IV

None Scheduled

D. Utilities

None Scheduled

VIII. CONSISTENCY DETERMINATIONS

None Scheduled

IX. DISCUSSION

None Scheduled

X. INFORMATION

None Scheduled

XI. NOTED ITEMS

A. Class I Development Actions from May 10, 2004, to May 17, 2004:

1. Memorandum No.: DR04‑1379

Project Name: Pasco County Fire Station No. 15

Commissioner: The Honorable Steve Simon

Applicant: Pasco County Facilities Management Department

Location: Between Chesapeake Drive and Geneva Drive, Section 26, Township 26 South, Range 17 East.

Acreage: 1.786 Acres, m.o.l.

Proposed Development: Warehouse/storage addition.

Type of Action: Approval.

Date of Action: May 10, 2004

2. Memorandum No.: DR04‑1457

Project Name: Dunkin Donuts

Commissioner: The Honorable Ann Hildebrand

Applicant: Bothelo Dunkin Donuts

Location: On the northwest corner of the intersection of U.S. 19 and Tahitian Gardens Circle, Section 30, Township 26 South, Range 16 East.

Acreage: 0.80 Acre, m.o.l.

Proposed Development: 2,439-square-foot donut shop with drive through.

Type of Action: Approval with conditions.

Date of Action: May 12, 2004

3. Memorandum No.: DR04‑1207

Project Name: Farr Commercial

Commissioner: The Honorable Pat Mulieri, Ed.D.

Applicant: James D. Farr

Location: On the southeast corner of U.S. 41 and Dupree Drive, Section 12, Township 26 South, Range 18 East.

Acreage: 1.49 Acres, m.o.l.

Proposed Development: Medical Office Building

Type of Action: Approval.

Date of Action: May 17, 2004

B. Class IIIE Development Actions

None Scheduled

C. Class IIIR Development Actions

None Scheduled