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BOOK - 2004R - B.O.C.C.----------------------------------
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JUNE 07, 2004
Commissioners present:
The Chairman called the meeting to order at 9:32 a.m.
A COPY OF THE
HEARING EXAMINER’S RECOMMENDATION
IS ON FILE IN THE MINUTES
OFFICE.
NAME: S.R. 80 CPD
REQUEST: Rezone 24.66 acres from the Agricultural (AG-2) zoning district, the Community
Commercial (CC) zoning district and the Commercial (C-1A) zoning district to the
Commercial Planned Development (CPD) zoning district, to permit 200,000 square feet
of commercial retail/office uses and a 125-unit hotel, not to exceed 65 feet in height
(five habitable stories).
LOCATION: The subject property is located at 16241 S.R. 31 (northwest corner of State Road 80 and
STRAP NUMBER: The applicant indicates the STRAP number is:
25-43-25-00-00002.0150
SIZE OF PROPERTY: 24.66± acres
Development Services Senior Planner Alvin (Chip) Block notified the Board that the Applicant has requested that the
case be remanded to address access to the subject property based upon discussions with the Florida Department of
Transportation (FDOT). Commissioner Judah moved to remand, seconded by Commissioner Coy. Commissioner
Albion noted that the County does not have authority in the process pertaining to FDOT accesses; and asked about the
Applicant request for continuance from, and whether the Applicant was seeking a different access on to County roads.
Mr. Block replied that one of the access points is from State Road 80 and would have an effect on changing the
Master Concept Plan (MCP), if there are substantial changes to the plan. They would have to go through the
Amendment process. Commissioner Albion stated if the FDOT changed it, it wouldn’t matter; and Mr. Block replied
by stating that it would have an impact because it appeared to be on the perimeter of the site which meant it would
have to return to public hearing, and noted that this remand would make matters move faster if everything was worked
out with the state. The Applicant was available to respond to questions. The Chairman called for the Participants of
Record; and the following individual came forward and stated she would hold any statements until after the remand:
After brief discussion among Commissioner Albion, Commissioner Judah, and Ms. Jacobson, the motion was called
and carried.
RESOLUTION NO. Z-04-028
NAME: American Legion Post #336
REQUEST: Rezone 4.64 acres from the Commercial (C-1A) zoning district to the Special
Commercial (CS-2) zoning district with:
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BOOK - 2004R - B.O.C.C.----------------------------------
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1) A Special Exception to allow a Fraternal Club with Consumption on Premises,
per Land Development Code Section 34-813 and 34-1264; and
2) A Variance from the required right-of-way setback of 20 feet, to allow a 10-foot
setback from an ingress and egress easement, per Land Development Code
Section 34-814, to permit a building expansion to American Legion Post #336
and a parking lot.
Tamiami Trail to Bayshore Road, turn east on Bayshore Road to 5770 Bayshore Road,
turn right at Bayshore Laundromat, the American Legion is adjacent to the laundromat),
STRAP NUMBER: The applicant indicates the STRAP number is:
36-43-24-00-00015.0020
SIZE OF PROPERTY: 4.64± acres
PROPERTY OWNER'S
American Legion Post #336 Inc.
(239) 543-1919
Development Services Senior Planner Alvin (Chip) Block reviewed the request for the Board, and noted that the
Hearing Examiner staff recommended approval of the requested rezoning and approval of the special exception with
conditions, and the variance with conditions; and stated that there were three participants of record. The Applicant
was available to respond to questions. The Chairman called for the Participants of Record, and the following
individual came forward:
stating that as long as the sheet flow concerns are addressed, he had no further
objections.
During Mr. LaPosta’s inquiry Commissioner Albion stated that, according to the Hearing Examiners Office, South
Florida Water Management District (SFWMD) was responsible for such inquiries; and requested a response from
Assistant County Attorney Dawn E. Lehnert . Attorney Lehnert replied that it was indicated during the hearing that
those issues would be addressed during the Development Order process. Commissioner Coy moved the item,
seconded by Commissioner Janes. After Mr. LaPosta pointed out that in the past similar issues to be addressed by
SFWMD were overlooked, Commissioner Albion requested a reminder be made to the staff in the zoning process, so
that flooding or run off issues that are going to create a burden on any of the surrounding property owners do not
occur in the future. In conclusion, Commissioner Albion suggested that Mr. LaPosta contacted The District in order
for them to address any concerns or issues. The motion was called and carried.
RESOLUTION-NO.-Z-04-030
The Chairman adjourned the meeting at 9:41a.m.
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