Wednesday, December 05, 2012 - Regular Planning ... - Polk County

POLK COUNTY PLANNING COMMISSION 

REGULAR MEETING AND PUBLIC HEARING AGENDA 

December 5, 2012 

Should any person decide to appeal any decision made by the Board at this meeting, such 

person will need a record of the proceedings and may need to ensure that a verbatim record of 

these proceedings is made. An appeal must be filed within seven (7) calendar days after the 

hearing by filing a formal application for Level Three only with Land Development Division and 

paying the $330 fee. 

********************************************************************************************************** 

I. CALL WORKSHOP TO ORDER: 8:45 A.M. 

A. Planning Commission (PC) will discuss agenda items and consider additions, 

deferments, withdrawals to published agenda. Planning Commission will discuss 

any particular agenda item of concern with any Planning Commission member. 

B. Planning Commission will consider and review with staff any upcoming 

ordinance revisions, comprehensive plan recommendations or other matters of 

concern to the Planning Commission. 

Note: This first part of the monthly Planning Commission agenda is a workshop for the 

Planning Commission. The public is invited to attend. No official action on any 

item will be taken by the Planning Commission at the Agenda Workshop. No 

public comment will be solicited. 

II. CALL PUBLIC HEARING TO ORDER: 9:00 A.M. OR AS SOON THEREAFTER AS 

THE PARTICULAR CASE MAY BE HEARD 

III. APPROVE MINUTES: November 7, 2012 

IV. 

Re-ordering of the Agenda - Prior to beginning the Business of the Planning 

Commission, the Commission will evaluate the New Business Items and 

determine if any of these items may be handled by the expedited hearing process. 

Items that are determined to be heard by the expedited hearing process will be reordered 

to the beginning of the Agenda and will be heard first.

Planning Commission Meeting 


Page 2 

V. OLD BUSINESS: 

1. LDC 12T-09-DMS #56029 

An Ordinance of the Board of County Commissioners, Polk County, Florida, Land 

Development Code amendment LDC 12T-09, amending Ordinance No. 00-09, as 

amended, the Polk County Land Development Code, amending Section 401.04.D, US 

Highway 98 Selected Area Plan-Modified Land Use Requirements, and Table 4.12, 

Allowable Uses for US Highway 98 SAP, to allow the uses Restaurant, Drive-thru/Drivein 

and Financial Institution, Drive Through in the Town Center-X (TCX) land use district 

in the US Highway 98 Selected Area Plan; providing for Severability; and providing for 

an Effective Date. 

VI. 

NEW BUSINESS: 

2. PD 02-22M/DMS #56070 

Todd Bonnett, applicant, AK Oakmont, LLC, owner, request a Planned Development 

(PD) Modification to amend conditions of approval to reflect the current master site plan. 

The property is located south of State Road 54, east of U.S. Highway 27, west of County 

Road 547, north of Davenport, Florida, in Sections 10 and 15, Township 26, Range 27. 

3. DA 03-04M/DMS #56155 

AK Oakmont, LLC, a successor in title, to WU-Polk, Inc. requests Polk County consider 

an amendment to the existing Development Agreement for the Oakmont Planned 

Development and to recognize AK Oakmont, LLC as a successor in title to WU-Polk, Inc. 

only as to the properties owned by AK Oakmont, LLC; modify the Development 

Agreement as to the payment for the Collector Road Extension (Pine Tree Trail); further 

define the responsibilities of the Parties; and update the notice requirements for this 

amendment. The property is east of US Highway 27, west of Lake Wilson Road, on the 

south side of Ronald Reagan Parkway (County Road 54), in Sections 03, 10, and 15 

Township 26, Range 27.



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4. CU 08-04M/DMS #56064 

Carter Engineering, applicant, Better Accuracy Technologies, owner, request a 

Conditional Use (CU) Modification in an Agricultural Residential-Rural (A/RR) land use 

district to allow expansion of Universal Shooting Academy for competition events from 

12 acres to 36 +/- acres. The property is located on the south side of E. State Road 

630, east of Walk-in-Water Road, southwest of Indian Lake Estates, east of Frostproof, 

Florida, in Sections 21 and 28, Township 31, Range 29. 

5. CU 11-04M/DMS #56027 

Land Development Co. of Central Florida, owner, requests a Conditional Use (CU) 

Modification in an Agricultural/Residential-Rural (A/RR) land use district to allow an 

expansion of the approved 82-acre off-road vehicle park to allow foot races and vehicle 

oriented recreation on 1,522 additional acres. The property is located south of Avon 

Park Cut-Off Road, east of Singletary Road, north of the Polk/Hardee County Line, in 

Sections 29, 30, 31 and 32, Township 32, Range 27. 

6. CU 11-05M/DMS #56069 

John V. Smith, III, applicant, Steven Chen and James Chan, owners, request a 

Conditional Use (CU) Modification in an Agricultural/Residential-Rural-X (A/RR-X) land 

use district within the Rural Special Protection area of the Green Swamp Area of Critical 

State Concern to amend conditions of approval for an existing paintball facility. The 

property is located on the east side of US Highway 98, approximately ½ mile north of 

Socrum Loop Road West, north of Lakeland, Florida, in Section 02, Township 27, Range 

23. 

7. CU 12-19/DMS #56063 

Econ, applicant, Peninsular District Council, owner, request a Conditional Use (CU) in a 

Residential Medium-X (RMX) land use district within the Ronald Reagan Selected Area 

Plan (SAP) to allow expansion of an existing church on 2.3 +/- acres. The property is 

located east of I-4, west of U.S. Highway 17/92, north of Davenport, Florida, in Section 

12, Township 26, Range 27. 

8. CU 12-20/DMS #56068 

Rick and Marylin Trull, applicants, Marylin (Barkley) Trull, owner, request a Conditional 

Use (CU) in a Commercial Enclave (CE) land use district to recognize the existing uses 

of vehicle sales, leasing, vehicle service, mechanical and vehicle repair, auto body for 

an existing automobile shop on 1.09 +/- acres. The property is located at 6145 State 

Road 60 East, on the south side of State Road 60, west of the intersection of State 

Road 60 and County Road 655 (Rifle Range Road), northeast of Bartow, Florida, in 

Section 31, Township 29, Range 26.



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9. CU 12-21/DMS #56115 

Polk County Utilities Division, applicant, Polk County, owner, request a Conditional Use 

(CU) in a Residential Medium (RM) land use district to allow approval for the expansion 

of the Edgehill Water Production Facility on 5.95 +/- acres. The property is located east 

of U.S. Highway 27, north of Ridgewood Blvd., north of Davenport, Florida, in Section 

29, Township 26, Range 27. 

10. CPA 13B-01/DMS #56071 (Staff is requesting to continue to January 9, 2013) 

An ordinance of the Polk County Board of County Commissioners regarding the 

adoption of Amendment CPA 13B-01, an amendment to the Polk County 

Comprehensive Plan, Ordinance 92-36, as amended to add approximately 100 acres to 

the Brewster Selected Area Plan (SAP) and change the Future Land Use Designation 

from Agricultural/Residential-Rural (A/RR) to Leisure/Recreation-X (L./RX); and to 

modify the Future Land Use Designation on approximately 20 acres from Phosphate 

Mining X (PMX) to Recreation Open Space X (ROSX) and approximately 20 acres from 

ROSX to L/RX within the Brewster SAP; all within the Rural Development Area (RDA). 

The sites are located north of the Polk/Hardee County Line, south of County Road 630, 

west of District Line Road, east of Fort Green Road, southwest of Ft. Meade, Florida, in 

Section 22, Township 32, Range 24; Sections 28, Township 32, Range 24; and Section 

20, Township 32, Range 24; providing for severability; and providing for an effective 

date. 

11. CPA 13B-02/DMS #56072 

An Ordinance of the Polk County Board of County Commissioners regarding the 

adoption of CPA 13B-02, a text amendment to the Polk County Comprehensive Plan, 

Ordinance 92-36, as amended, adding Policy 4.102-A13: City of Lakeland Sector 

Planning Program in the Intergovernmental Element to state that the Sector Plans will be 

considered in land use and facility planning; providing for Severability; and providing for 

an Effective Date.



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12. CPA 13B-04/DMS #56133 (Staff is requesting to continue to January 9, 2013) 

An ordinance of the Polk County Board of County Commissioners regarding the 

adoption of Amendment CPA 13B-04 an amendment to the Polk County Comprehensive 

Plan, Ordinance 92-36, as amended to correct portions of the Future Land Use 

designations boundaries due to errors in the legal description in CPA 10A-11 for the 

Brewster Selected Area Plan (SAP) and to modify Section 2.131-S addressing 

developable acreage within the SAP, recreational uses, and criteria for Preservation X 

the Brewster SAP. The property is bordered on the south by the Polk/Hardee County 

Line, north and south of C.R. 630, west of District Line Road, east of Fort Green Road, 

southwest of Ft. Meade, Florida, in Section 36, Township 31, Range 23; Sections 1, 12, 

13 and 24, Township 32, Range 23; Sections 26, 27, 29 thru 35, Township 31, Range 

24; and Sections 2 thru 11, 14 thru 23, 26 thru 35, Township 32, Range 24; providing for 

severability; and providing for an effective date. 

VI. 

VII. 

Petitions and Remonstrance’s from General Audience 

Planning Commission Member Reports 

ADJOURNMENT:

POLK COUNTY 

DEVELOPMENT REVIEW COMMITTEE 

STAFF REPORT 

DRC Date August 30, 2012 LEVEL: 4 

PC Date: 

BOCC Date(s): 

November 7, 2012 (Con’t) 


January 8, 2013 

January 22, 2013 

TYPE: 

Land Development Code (LDC) 

Text Amendment 

CASE #: LDC 12T-09 

Project Number: 

Request: 

Applicant: 

Case Planner: 

56029 (Drive Thru in Town Center-X) 

This is an applicant-initiated request for a Land Development Code 

text amendment to amend Section 401.04.D, US Highway 98 

Selected Area Plan-Modified Land Use Requirements, Section 

401.04.I, Ft. Fraser Trail and Table 4.12, Allowable Uses for US 

Highway 98 SAP, to allow the uses Restaurant, Drive-thru/Drivein 

and Financial Institution, Drive Through in the Town Center- 

X (TCX) land use district in the US Highway 98 Selected Area 

Plan 

Louise W. Moore Family Trust 

John M. Bohde, AICP 

Summary of Analysis: 

The subject request is for a text amendment to the Land Development Code (LDC). Specifically, 

the request is to allow two uses in the Town Center (TC) land use district for the US Highway 98 

Selected Area Plan (SAP) that are currently not allowed within this district. Those uses are 

Restaurant (Drive-thru/Drive-in) and Financial Institution (Drive Through). This amendment 

only affects the TC designated parcels within the US Highway 98 SAP. The proposed changes 

will also include requiring a Planned Development (PD) approval for any use with a drivethrough 

in the TCX district. 

The US Highway 98 SAP was adopted by the Board of County Commissioners in 2004 along 

with accompanying Comprehensive Plan text and map changes. The Comprehensive Plan 

specifically established six fundamental principles for the US Highway 98 SAP to establish the 

framework to convey the concept and intent of the objectives and policies for this SAP. 

Specifically, the Land Use principle has some of the following statements: 

• Encourage an efficient and desirable urban-growth pattern by establishing 

interconnected land use districts that allow for a balance of residential and 

nonresidential uses, a range of housing opportunities, short vehicle trips between 

housing, employment, and shopping. 

Planning Commission Staff Report Page 1 of 3 

Level 4/JMB 12/5/2012 9:38 AM LDC 12T-09 December 5, 2012

• Enhance the sense of place and viability of the Highland City community by protecting 

the existing neighborhood, encourage economic development, and promote civic spaces. 

• Encourage uses that are complimentary to the function of the cities of Bartow and 

Lakeland as centers of social, commercial, cultural, educational, and civic activities. 

• Emphasize existing communities as activity centers to serve the residents of the area. 

The TC future land use designation, as established, and among other future land use 

designations, is intended to embody these Land Use principles. Policy 2.131-RA4.H of the 

Comprehensive Plan states the following when describing the TC land use designation: 

TOWN CENTER - The Town Center is the primary cultural and entertainment 

district for the overall community especially for Highland City. It is not intended 

for any other town Centers to be located within this SAP. 

GENERAL CHARACTERISTICS - The Town Center will include dining, cafes, 

bars and pubs, retail, boutiques, music venues, professional office, and multifamily 

residential. The Town Center shall include a community focus such as a 

park, plaza, or lakefront. The Town Center will exist and grow as a mixed-use 

area along specific urban design guidelines. The district is envisioned to be 

designed as a harmonious grouping of buildings that include cohesive 

architecture, and pedestrian spaces. 

The TC land use designation is not intended to entirely preclude vehicles, but pedestrian-oriented 

uses are intended to be the focus. Being able to live, work and play in one locale without having 

to get in your vehicle is the main concept behind the TC district. 

When uses such as restaurants and financial institutions include drive-throughs, they typically do 

not comport with a true town center as they introduce a vehicle-oriented style of development 

and discourage pedestrian movement. This town center within the US Highway 98 corridor is 

the only town center land use designation and has been envisioned as the focal point for this SAP 

and the overall Highland City area. Having said that, what has been successful thus far in this 

SAP are more vehicle-oriented uses; however, there is still a town center feel with pedestrianrelated 

activities being encouraged and with multifamily development proposed in close 

proximity to the non-residential uses. These uses have been permitted within the town center 

land use designation due to the fact that they were vested uses as part of a Planned Development 

(PD 02-13) approved prior to the adoption of the US Highway 98 SAP. 

Due to the success with these uses and how the design has still attempted to promote pedestrian 

activity and walkability amongst uses while still having drive-through uses, staff is willing to 

support this amendment to allow a limited number of drive-through uses in other portions of the 

TC at specific roadway intersections within the US Highway 98 SAP with the approval of a 

Planned Development; thereby giving staff and the Planning Commission the opportunity to 

fully vet each specific drive-through use requested. This opportunity will afford staff and the 

Planning Commission to evaluate the design, how it will integrate into the overall town center 

and to determine its appropriateness. 

Other changes to note are that any use now proposing a drive-through will also require a PD 

approval (such as a retail pharmacy use). Additionally, since the TC district is parallel to the 



Fort Fraser Trail and proposed drive-through traffic could create a conflict with pedestrians 

entering and exiting the trail to and from these uses, staff has outlined in the amendment 

additional pedestrian crossing regulations to ensure that the crossings are safe and pedestrians 

can safely cross vehicle traffic created by the drive-through use. These criteria are: 

• One-way traffic to allow pedestrians to scan for traffic in only one direction; 

• Crosswalk markings that require motorists to stop for pedestrians; 

• A raised crosswalk that provides direct access to a building entrance or curb extensions to 

reduce vehicle speed and reduce the pedestrian crossing distance; and 

• The provision of adjacent bicycle and pedestrian amenities, e.g., bicycle rack and 

benches, to help channel pedestrians to the enhanced crosswalk. 

Findings of Fact 

1. This is an applicant-initiated request to amend the text of the Land Development Code to 

amend Section 401.04.D, US Highway 98 Selected Area Plan-Modified Land Use 

Requirements, Section 401.04.I, Ft. Fraser Trail and Table 4.12, Allowable Uses for US 

Highway 98 SAP, to allow the uses Restaurant, Drive-thru/Drive-in and Financial 

Institution, Drive Through in the Town Center-X (TCX) land use district in the US 

Highway 98 Selected Area. 

2. In accordance with Policy 2.131-RA4.H, only one Town Center is intended to be located 

within the US Highway 98 Selected Area Plan. 

3. The proposed amendment only affects the Town Center (TC) designated parcels within 

the US Highway 98 Selected Area Plan. 

4. The Fort Fraser Trail parallels the entire eastern side of the TC land use designation 

within the US Highway 98 SAP. 

Land Development Division Recommendation: 

The Land Development Division, based on the information provided with the proposed text 

amendment application, finds that the proposed text change request is CONSISTENT with the 

Polk County Land Development Code and the Polk County Comprehensive Plan. Staff 

recommends APPROVAL of LDC 12T-09. 

Comments from Other Agencies: None 



ORDINANCE NO. 13-______ 

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, 

POLK COUNTY, FLORIDA, LAND DEVELOPMENT CODE AMENDMENT 

LDC 12T-09, AMENDING ORDINANCE NO. 00-09, AS AMENDED, THE 

POLK COUNTY LAND DEVELOPMENT CODE, AMENDING SECTION 

401.04.D, US HIGHWAY 98 SELECTED AREA PLAN-MODIFIED LAND 

USE REQUIREMENTS, 401.04.I, FT. FRASER TRAIL, AND TABLE 4.12, 

ALLOWABLE USES FOR US HIGHWAY 98 SAP, TO ALLOW THE USES 

RESTAURANT, DRIVE-THRU/DRIVE-IN AND FINANCIAL 

INSTITUTION, DRIVE THROUGH IN THE TOWN CENTER-X (TCX) 

LAND USE DISTRICT IN THE US HIGHWAY 98 SELECTED AREA PLAN; 

PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 

EFFECTIVE DATE. 

WHEREAS, pursuant to Article VIII, Section I(g) of the Constitution of the State of Florida 

and the Local Government Comprehensive Plan and Land Development Regulation Act, Chapter 163, 

Part II, Florida Statutes (FS), as amended, (the Act) Polk County is authorized and required to adopt a 

Land Development Regulations consistent with the Polk County Comprehensive Plan; and 

WHEREAS, the Board of County Commissioners adopted said Land Development 

Regulations on March 1, 2000, titled the Polk County Land Development Code; and 

WHEREAS, Chapter 9, Section 903 of the Land Development Code requires Land 

Development Code Amendments to be a Level 4 Review; and 

WHEREAS, Chapter 9, Section 907 sets forth the purpose and review process for Level 4 

Reviews; and 

WHEREAS, pursuant to Section 125.67 of the Florida Statutes, every ordinance shall 

embrace but one subject and matter properly connected therewith; and 

WHEREAS, pursuant to Section 163.3164 of the Florida Statutes, the Polk County Planning 

Commission conducted a public hearing, with due public notice having been provided, on the proposed 

Land Development Code Amendment on December 5, 2012; and 

WHEREAS, the proposed text amendment to the Polk County Land Development Code 

shall be amended to allow the uses Restaurant, Drive-thru/Drive-in and Financial Institution, Drive 

Through in the Town Center-X (TCX) land use district in the US Highway 98 Selected Area Plan 

and requiring a Planned Development (PD) approval for any use with a drive-through in the TCX 

district; and 

WHEREAS, the Board of County Commissioners, reviewed and considered all comments 

received during said public hearing, and provided for necessary revisions; and 

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Polk 

County, Florida that: 

NOTE: The underlined text indicates proposed additions to the 

current language. The strikeout indicates text to be removed from 

the current ordinance.

SECTION 1: Section 401.04, US Highway 98 Selected Area Plan of the Polk County Land Development Code, Polk County Ordinance No. 00- 

09, as amended, shall be amended in the following manner: 

Table . - Allowable Uses for US Highway SAP (For revision history, please see last row in table.) 

Financial Institution, Drive 

Through 

Restaurant, 

Drive-thru/Drive-in 

A/RRX RSX RL-1X RL-2X RL-3X RL-4X RMX RHX ECX CEX LCCX NACX OCX TCX BPC-1X BPC-2X INDX L/RX INST-1X ROSX PRESVX 

Key to Table: P = Permitted Use; C = Conditional Use/Level of Review 

All Other Uses 

C2 C3 C2 C2 C3 C3 C2 C2 C2 

C3 C3 C2 C2 C3 C2 C2 C2 C2

D. Modified Land Use Requirements 

8. Town Center (TCX) - Development within the Town Center shall conform to the 

following criteria in addition to all other regulations within this Code: 

l. Any use with a drive-through shall be reviewed as a Planned 

Development. To minimize the interaction between pedestrians and the 

drive-through traffic within the Town Center, uses with drive-throughs 

shall only be located at the intersection of a local commercial, collector or 

arterial roadway and shall be no closer than 550 feet as measured from the 

two closest points of the principal structures. This distance may be 

reduced if a collector or arterial road intersects within the 550 foot 

separation and the drive-through use is at the intersection of a collector or 

arterial road. 

m. Any use with a driveway aisle between the Fort Fraser Trail and the 

principal structure within the TCX shall comply with the standards listed 

in 401.04.I.7 to provide for safe pedestrian crossing points. 

nl. 

Items a through k above may be modified based on circumstances that 

create a significant hardship on the property through a Planned 

Development. However, the applicant shall demonstrate how each 

requirement is being met by the site plan or why a specific requirement 

should be modified. 

I. Ft. Fraser Trail 

7. In addition to all applicable regulations, the following standards shall apply to 

provide a safe crossing point for pedestrians from Ft. Fraser Trail to any use with a 

drive aisle between the trail and the principal structure: 

a. One-way traffic to allow pedestrians to scan for traffic in only one 

direction; 

b. Crosswalk markings that require motorists to stop for pedestrians; 

c. A raised crosswalk that provides direct access to a building entrance or 

curb extensions to reduce vehicle speed and reduce the pedestrian crossing 

distance; and 

d. The provision of adjacent bicycle and pedestrian amenities, e.g., bicycle 

rack and benches, to help channel pedestrians to the enhanced crosswalk. 

This may be permitted within the required buffering.

SECTION 2: SEVERABILITY 

If any provision of this Ordinance is held to be illegal, invalid, or unconstitutional by a court of 

competent jurisdiction the other provisions shall remain in full force and effect. 

SECTION 3: EFFECTIVE DATE 

This ordinance shall become effective upon filing with the Department of State. 

ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, 

FLORIDA this __________ day of ___________________, 2013.

POLK COUNTY 


STAFF REPORT 

DRC Date October 4, 2012 LEVEL: Level 3 

PC Date: December 5, 2012 TYPE: Planned Development Modification 

BOCC Date: N/A CASE #: PD 02-22M 


Request: 

Applicant: 

Property Owner: 

Location: 

Size: 

Land Use Designation: 

Development Area: 

Nearest Municipality: 

Case Planner: 

56070 (Oakmont Modification) 

Modification to existing conditions of approval for a 999 unit 

short-term rental community on approximately 638± acres 

including detached and attached single family dwellings to reduce 

landscaping requirements, gain variance to sign setbacks, and 

remove references to a commercial tract and other uses including a 

clubhouse, community park, 18 hole golf course with a driving 

range and a golf maintenance area that are no longer shown in the 

development plan. 

Bonnett Design Group, LLC 

AK Oakmont, LLC. 

South side of Ronald Reagan Parkway (CR 54) approximately 

three miles west of US 17/92 and one mile east of I-4, in Sections 

3, 10 & 15, Township 26, Range 27. 

638± acres 

Residential Medium-X (RMX) 

Ronald Reagan Parkway Selected Area Plan (SAP) 

Transit Supportive Development Area (TSDA) 

The nearest municipality is the Town of Davenport, over five miles 

to the north. 

Erik Peterson, AICP 

The applicant is amending the Oakmont Planned Development (PD 02-22) to convert the plan 

from a resort style golf course community to solely a residential community. In addition to 

removing the conditions relating to the golf course and its accessory uses, the applicant is 

requesting an elimination of the buffering that was placed on the development to mitigate the 

adverse impacts of a resort community on its two neighboring residential subdivisions. Both staff 

and the applicant believe such condition is no longer necessary since the developments have 

become similar and compatible uses. Other conditions are being either removed or modified to 

recognize requirements that have been met. A new site plan is proposed as well to further the 

development’s commitment to a residential project. With that site plan is a request for a setback 

variance for the two development signs affixed to the entrance wall features. 

DRC Findings/Recommendation Page 1 of 21 

Level 3/eep 11/8/2012 12:06:42 PM PD 02-22M December 5, 2012

The first phase of the development is constructed and platted. All 325 lots approved with the 

first phase are eligible for building permits. Another 80 townhome lots are in for plat review. 594 

units remain in the latter phases of the development. In 2006, the BoCC amended the Future 

Land Use Map designation for the bulk of the development from RL-4X to RMX. The effect of 

the amendment rendered PD 02-22 to legal non-conforming status because the minimum density 

in RMX is six (6) units per acre and 999 units on 638 (less1/5 in wetlands) acres is less than two 

(2) units per acre. If the project was to meet current requirements, a minimum of 3,048 

residential units could be required of the project and the developer is within rights to reach a 

maximum of 7,620 residential units without Planning Commission approval. However, since PD 

02-22 was established prior to the 2006 Future Land Use Map amendment, any increase in the 

number of units will require a public hearing to either amend the PD or abrogate it. 

The portion of the request relating to the variance for a wall and associated signage is partially 

prompted by the dedication of a portion of the property for the construction of Pine Tree Trail. 

The original design incorporated the recently constructed road as more of an element of the 

project. As it is laid out today, the development does not have as much of a presence on Ronald 

Reagan Parkway rather an entrance further south on Pine Tree Trail. The variance will restore 

the former presence visually by placing the wall and sign closer to the road right-of-way. A 

portion of the wall and sign is proposed for placement within the right-of-way. Approval of such 

will be administrative through acceptance of a right-of-way use agreement. 


● PD 02-22M, currently known as Oakmont, is a residential development comprised of 999 

dwelling units, both attached and detached. 

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There are 405 residential building pads constructed and 325 lots are platted within the 

development, but no dwelling units are constructed. There is an 80 unit townhome phase 

under plat review with previously constructed infrastructure as well. 

Each residential building pad has access to a paved road, potable water, wastewater 

disposal, and reclaimed water for irrigation. 

The site is located within a Residential Medium–X (RMX) Future Land Use district. The 

project does not meet the minimum density (six dwelling units per acre). PD 02-22M 

was approved by the Board of County Commissioners and a portion of the project’s 

construction was completed prior to the property becoming RMX; therefore, it is 

considered a legal non-conforming use and vested under the current site plan (see Exhibit 

4). 

Under a County initiated amendment to the Comprehensive Plan Future Land Use Map in 

2006 (CPA 06B-01), PUD 02-22 (Oakmont) along with other single family residential 

developments was changed to RMX, rendering them non-conforming. 

Staff has no documentation as to the reason that the PUD was rendered a non-conforming 

use or any data to support the public purpose. 

The site is located within the Ronald Reagan Parkway Selected Area Plan. 

● 

PD 02-22 was originally approved for a 999 unit short-term rental community with 

28,000 square feet of commercial, an 18-hole golf course, maintenance facility and 

driving range on 638± acres in an RL-1X district. The applicant is requesting an 



elimination of the approval for the golf course and driving range along with its associated 

maintenance facility. 

● 

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● 

● 

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Short-term Rental units are permitted as secondary uses to single-family homes in the 

Ronald Reagan Parkway Selected Area Plan. 

Short-term Rental Units are defined as “A dwelling unit which is made available more 

than three times a year for periods of fewer than 30 days or one calendar month at a 

time, whichever is less, for use, occupancy or possession by the public, regardless of the 

form of ownership of the unit. Dwelling units commonly referred to as “timeshares, 

“vacation rentals,” and “holiday rentals” which possess the above characteristics are 

included within this definition.” 

The site of the existing PUD accesses the newly constructed Pine Tree Trail and will one 

day have an additional access point on Bowen Road. 

Prior to the opening of the Pine Tree Trail/Ernie Caldwell Boulevard connection to U.S. 

Highway 27, over 6,800 vehicles on average passed the Pine Tree Trail intersection on 

Ronald Reagan Parkway daily according to the Transportation Planning Organization 

(TPO) Roadway network database. 

Since the approval of the development, there have been infrastructure improvements 

made to roadways, utilities, public safety facilities, recreational facilities, and public 

school facilities in the immediate area. 

Section 720 of the LDC does not require landscape buffering between single family 

residential and single family residential. 

There are wetlands or floodplains onsite. No development is proposed within them. 

There have been sightings of endangered or threatened species within one mile of the site 

according to the Florida Natural Areas Inventory (FNAI). A species study was 

conducted in the first phase. Land was set aside within the project for protection and 

mitigation. This land is designated conservation on the plat. 

Based on the projected buildout, there is adequate capacity on Ronald Reagan Parkway 

and other roads within the area transportation network to support the development. 

There is adequate capacity of potable water and wastewater service to serve the 

development based on the projected buildout. 

Public Safety Services are at urban levels with professional fire protection service, EMS, 

and law enforcement within a three and five mile radius of the site. There is also 

overlapping coverage to back up the first responder stations. 

Development Review Committee 

Based upon the information provided by the applicant and a recent site visit, the Development 

Review Committee finds that with the recommended conditions the request IS CONSISTENT 

with the surrounding land uses and general character of the area, IS CONSISTENT with the 

Comprehensive Plan, and is consistent with the Land Development Code. 



CONDITIONS OF APPROVAL 

Based upon the findings of fact the Development Review Committee recommends APPROVAL 

of PUD 02-22, a 999 unit short-term rental community on approximately 638± acres including 

detached and attached single family dwellings, with the following revised list of conditions: 

1. The applicant shall provide a 25 foot landscape buffer with Type “C” Buffer plantings 

between the residential lots and Pine Tree Trail at the entrance to the development, a 

length of approximately 1,000 linear feet. A modified Type “A” buffer shall be provided 

by the applicant on the west side of Pine Tree Trail opposite the development entrance, 

approximately 900 feet in length, to minimize glare shining from vehicle headlamps into 

the rear properties of the homes in the Briargrove Subdivision. [PLG] 

2. The Oakmont PD shall be responsible for payment of $150,000 to Polk County. The 

payments and requirements shall be outlined in the Development Agreement with Polk 

County, Case# DA 03-04. [PLG] 

3. The developer shall provide such additional right-of-way as may be necessary to create 

an 80 foot right-of-way for Bowen Road. Consideration shall be given to existing rightof-way 

or maintenance plat. [ENG] 

4. The applicant shall provide internal sidewalks to connect all residential tracts, and all 

active common areas to Pine Tree Trail. [PLG] 

5. The applicant shall provide an entrance onto Bowen Road to be used for public safety 

vehicles (Sheriff, Fire & EMS), emergency ingress and egress. [PS] 

6. All submitted site plans shall be binding and all conditions of approval herein shall be 

reflected on all subsequent submittals to Polk County. [PLG] 

7. The project’s (PD 02-22) landscape irrigation system shall connect to the County’s 

reclaimed/re-use water system when the system is on-line and available to the site. 

[UTL] 

8. The applicant shall be granted a 10 foot reduction in the setback for a subdivision wall 

and sign to place the subdivision wall sign on or within the right-of-way for Pine Tree 

Trail at the intersection of Ronald Reagan Parkway and at the entrance to the 

development on what is currently Oakmont Boulevard. [PLG] 

9. All prior conditions of approval shall be null and void. [PLG] 

GENERAL NOTES 

NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development 

requirement unless specifically noted in the conditions of approval and consistent with LDC Section 930 D. 

NOTE: All written comments made in the application and subsequent submissions of information made during the 

application review process, which are on file with the Land Development Division, shall be considered to 

be binding upon the applicant, provided such comments are not at variance with the Comprehensive Plan, 

LDC or other development regulations in effect at the time of development. 



Table 1 

Surrounding Land Use Designations and Current Land Use Activity 

Northwest: 

RL-4X 

PUD 93-07 

Bridgewater Crossing 

Single Family 

West: 

RL-4X 

PUD 91-03 

Briargrove 

Single Family 

Southwest: 

RL-1X 

Vacant 

Unrecorded Westfield Sub 

North: 

RL-4X 

PUD 93-07 

Bridgewater Crossing 

Single Family 

Subject Property: 

RMX, PD 02-22 

999 unit Single Family and 

townhome development 

South: 

RMX 

Bowen Road 

Single family large lots 

Northeast: 

RL-4X 

PUD 90-25 

Robbins Rest 

Single Family 

East: 

RL-4X 

PUD 91-01 

Sunridge Woods 

Single Family 

Southeast: 

RMX, INST-2X 

Davenport School of the Arts 

Middle School 

Phase one of Oakmont is located between two single family suburban residential developments, 

which began construction in the early 90s. The remaining undeveloped two thirds of the project 

are bounded by relatively vacant land. On one side are a series of landlocked parcels under the 

name of Westfield. 

Compatibility with the Surrounding Land Uses: 

With one third of the project constructed and lots platted and ready for sale, the Oakmont 

development is active once again. However, this time it is no longer planned to be a resort style 

golf course community. It is a single family development typical of many in the area. 

A. Land Uses: 

Oakmont (PD 02-22) was first proposed as a resort-style community with a spa and 18-hole golf 

course. Then, as now, the site was bounded on either side by established single-family residential 

developments; Briargrove to the west and Sunridge Woods to the east. Because Oakmont was 

introducing a resort oriented land use into a residential atmosphere, significant buffering and 

separation requirements were conditioned to mitigate and offset perceived incompatibilities. 

Now that the development has been modified to an identical land use, such conditions are no 

longer necessary or supported by county policy. Although the development remains eligible for 

short-term rental, so do Briargrove and Sunridge Woods. The applicant will be marketing the 

platted lots within the development to single ownership. This will no longer be a resort oriented 

community. 

B. Infrastructure: 

Since the inception of the Oakmont Development, there have been many improvements to 

infrastructure in the area. The Northeast Utility Service Area potable water system has been 

expanded from 2.5 MGD to over 13 MGD. The wastewater system has increased from 1.5 MGD 

to 6 MGD and a reclaimed water system has been developed. A new roadway connection 

between Ronald Reagan Parkway (CR 54) and U.S. Highway 27 has been constructed. A new 

Sheriff District Command Center has been constructed and staffed in the area. Three new 

schools have been constructed (Horizons Elementary, Davenport School of the Arts, and Ridge 

Community High). A new regional park has opened. Also, a new fire station has opened 



(Cottonwood). Oakmont is connected to Polk County water, wastewater and reclaimed water 

service. The first phase is constructed, vested, platted and ready for vertical construction. 

Nearest and Zoned Elementary, Middle, and High School 

When this project was originally proposed, the School Board staff did not perceive it to pose a 

significant impact on local schools because it was intended to be a resort community. The first 

was vested from the school impact fees as well. However, now the impact appears to be rather 

significant since the majority of the development has changed to a typical single family 

residential subdivision. 

Table 2 

Name of School 

Loughman Oaks Elementary 

Ridgeview Global Elementary 

Horizons Elementary 

Davenport School for the Arts Middle School 

Boone Middle School 

Ridge Community Sr. High 

Haines City High School 

Source: Polk County School Board 

Nearest Sheriff, Fire, and EMS Station 

Annual Estimated 

Demand 

206 students 

126 students 

118 students 

Distance from subject site 

±3 miles driving distance 



±1½ miles driving distance 




Ambulance response will be primarily from Fire Station 220 located at 126 Cottonwood Drive. 

Travel distance is 5.6 miles and response times should average 10 minutes. Fire response to this 

project is primarily from Fire Station 230 located at 510 Ronald Reagan Parkway. Travel 

distance to the entrance is 3.1 miles and response times should average seven minutes. Both 

stations are staffed 24/7 with career personnel. Response times can vary significantly based on 

many factors. 

The nearest Sheriff’s substation is the Northeast Command Center on Dunson Road. Sheriff 

response times are not as much a function of the distance to the nearest sheriff’s substation, but 

more a function of the overall number of patrol officers within the County. Dunson road will 

eventually connect to Ronald Reagan Parkway at the Champions Gate intersection. It will 

improve law enforcement to this area once it does. 

Twenty-one (21) fire hydrants were installed within phase one of the project. Every platted lot 

within the first phase and the townhouse phase currently under review are is located within 500 

feet of a hydrant. The completion of the connection to U.S. Highway 27 south of I-4 through 

Pine Tree Trail and Ernie Caldwell Blvd. greatly improved this development’s access to public 

safety services. Even though there is only one access point to the project, Pine Tree Trail has 

readily available public safety services in either direction. As more units develop within the 

project, an access through Bowen Road will open up to provide an access to CR 547, which will 

further enhance public safety options. 



Table 3 

Name of Station 

Distance from 

subject site 

Response Time 

Sheriff 

Northeast District Command 

(Dunson Road @ North US 27) 

±3-5 miles 12 to 15 minutes 

Fire Station 230 

(510 Ronald Reagan Parkway) 

EMS Station 220 

(126 Cottonwood Drive) 

±3 miles 7 minutes 

±5 ½ miles 7 minutes 

Source: Polk County Sheriff’s Office and Public Safety 

*Response times are based from when the station receives the call, not from when the call is made to 911. 

Water and Wastewater Demand and Capacity: 

The Northeast Regional Utility Service Area has seen significant improvements in water and 

wastewater service over the last decade. It has the county’s largest re-use water system as well. 

Staff anticipates the water and wastewater needs will not change for Oakmont (PD 02-22) as a 

result of this modification, since the unit count is to remain the same and the changes in 

conditions primarily address landscaping and buffering. 

A. Estimated Demand and Service Provider: 

This proposed modification will more than likely result in a reduction in the amount of landscape 

irrigation since the amount of buffering is being reduced as well as the elimination of the 

proposed golf course. 

Table 4 

Subject Property 

Estimated Impact Analysis 

638± acres 

Demand as 

Maximum Permitted 

Currently Permitted in the District 

Proposed Plan 

Permitted Intensity 

15 du/ac 

999 Unit Single Family 


Multifamily 

Residential 

Residential 

(9,570 units) 

Potable Water 

Consumption (GPD) 

359,640 GPD 1,834,860 GPD 359,640 GPD 

Wastewater 

Generation (GPD) 

269,730 GPD 1,722,600 GPD 269,730 GPD 

Source: Polk County Concurrency Manual & Polk County Utilities 

Polk County Utilities is the service provider for water, wastewater service, and reuse water for 

irrigation. The site is in the Northeast Utility Service Area (NERUSA). The first phase is served 

by a 12 inch water line, a 12 inch sewer line, and an 8 inch reclaimed water line. 

B. Available Capacity: 

The Northeast Utility Service Area is permitted for 10,599,200 GPD. Current flow is at 

approximately 6,254,000 GPD. There is approximately 3,923,000 GPD allocated to projects with 

entitlements leaving 422,000 GPD in uncommitted capacity. The first phase of Oakmont is part 

of the allocated projects. The commitments are firm for that phase since it was permitted to be 



platted. The residual phases will require capacity commitments in the future as they recive 

approvals for their Level 2 Review plans. 

Once the improvement to the Northeast Wastewater Treatment Plant is completed, it will be 

permitted to treat 6,000,000 GPD. Current flow is approximately 1,965,000 GPD. There is 

currently 848,000 GPD in entitled commitments. The first phase of Oakmont is part of the 

entitled commitments. 

C. Planned Improvements: 

New wells are being added to the system at Loma Linda, Edgehill, and Holly Hill that will add 

capacity to the overall system. Also, additional ground storage reservoirs have been added to the 

system that will improve the consistency of water pressure throughout. With the system 

improvements to both water and wastewater service, there should be adequate capacity to serve 

the residual phases of the development when they come in for design and permitting. 

Roadways/ Transportation Network 

There will be no increase in estimated, proposed, planned or anticipated demand on the existing 

and future roadway network. Were it not for Oakmont, the recent roadway improvements, Pine 

Tree Trail and Ernie Caldwell Blvd. may not have come to fruition. And now that the facilities 

are completed, there is an abundance of roadway capacity to support this project as well as 

others. 

A. Estimated Demand: 

The proposed modification to Oakmont (PD 02-22) will not change the number of units 

originally permitted in the development and is actually less than what is permitted by right on the 

property as it is now classified on the Future Land Use Map as RMX. The proposed 

development will be approximately 1/5 as intense as what is permitted today. 

Table 5 


638± acres 

Permitted Intensity 

Demand as 

Currently Permitted 


Residential 



in the District 

15 du/ac 

Multifamily 

(9,570 units) 

Proposed Plan 


Residential 

Average Annual Daily 

Trips (AADT) 

7,803 56,081 7,803 

PM Peak Hour Trips 1,009 4,977 1,009 

Source: Polk County Concurrency Manual 


From the Pine Tree Trail entrance, traffic has three ways to go. Historically, the primary vehicle 

movement choice in this area has been to gravitate towards I-4 for connection to the Orlando or 

Tampa Metro Areas. The more direct route is to CR 54 onto Lake Wilson Road then Left of 532 

to I-4. With the connection of Ernie Caldwell Blvd. to U.S. 27, there may be some alleviation. 



Table 6 

Link # 

Road Name 

Current Level 

of Service 

(LOS) 

Available PM 

Peak Hour 

Capacity 

Minimum 

LOS 

Standard 

7304E 

CR 54 (Ronald Reagan Parkway) 

From: Champions Gate Blvd. To: Lake Wilson Rd. 

A 1,275 C 

7304W 

CR 54 (Ronald Reagan Parkway) 

From: Lake Wilson Rd. To: Champions Gate Blvd 

A 1,371 C 

8215N 

Lake Wilson Road 

From: CR 54 (Ronald Reagan Pkwy) to: CR 532 

D 220 D 

8215S 

Lake Wilson Road 

From: CR 532 to: CR 54 (Ronald Reagan Pkwy) 

C 338 D 

5110N 

U.S. Highway 27 

From: CR 547 To: I-4 

C 514 D 


5110S 

B 752 D 

From: I-4 To: CR 547 

Source: Polk County Transportation Planning Organization, Concurrency Roadway Network Database June 2012 

C. Roadway Conditions: 

The County does not track pavement conditions on State or private roadways because they are 

not a local maintenance responsibility. However, using the PASER method, staff has determined 

the pavement to be within above average thresholds on U.S. Highway 27 and I-4. Pinetree Trail, 

CR 54 and Ernie Caldwell Blvd. are relatively new roads. Lake Wilson Road is under County 

maintenance and rated “Excellent” condition according to the Pavement Surface Evaluation and 

Rating (PASER) method established by the Transportation Information Center at the University 

of Wisconsin-Madison. 

D. Planned Improvements: 

Many of the necessary external roadway improvements needed to support this project have been 

constructed. Through development of the first phase of Oakmont, Pine Tree Trail was 

constructed, which connects Ernie Caldwell Boulevard to Ronald Reagan Parkway (CR54). 

Ernie Caldwell Boulevard will eventually connect to U.S. Highway 17/92. However, it is not in 

the Current Community Investment Program. The following table lists the projects currently 

funded in the CIP and the Transportation Planning Organization’s (TPO) current work program. 

Table 7 

Road 

Fiscal Year CIP 

(Construction) 

North Ridge Trail 2007-2012 

Project Description 

Construct a new 2 lane road from Sand Mine Road (at Highlands 

Reserve Subdivision near Berry Town Center) to Deen Still Road 

(approx. 4.1 miles). New roadway is intended to separate local 

residential traffic from regional (truck) thru-traffic to help maintain 

an acceptable level of service on US27. As an alternate route for 

local traffic, new roadway will enhance safety. Cross connections to 

the east side of US27 already exist at several adjoining subdivisions. 

Linear park concept of aesthetic enhancements roundabouts, 

sidewalks, recreational path, stamped concrete, ornamental lighting, 

and irrigated landscaping) included in design. Posted speed to be 30 

MPH on mainline and lowered to 20 MPH at medians and 15 MPH 

at traffic circles (roundabouts). 

U.S. Highway 27 2012-2020 Widen from four to six lanes 



U.S. Highway 27, from Berry Road to U.S. 192 has recently been approved by the TPO Board 

for construction in the next fiscal year to be widened to six lanes. The link where Ernie Caldwell 

Boulevard connects has been widened to six lanes. 

E. Mass Transit 

There are no mass transit routes currently within this area of the County. The closest is the Lynx 

system (Central Florida Transit Authority) that serves U.S. 192 to the north. However, there is a 

route planned under the Transportation Planning Organization’s (TPO) 2035 Mobility Vision 

Plan. This route will run from the Four Corners Park and Ride on US Highway 192 to Posner 

Park at I-4 and U.S. Highway 27. At U.S. Highway 192, a transfer can be made to Route #55 

which connects to other routes within the Orland Metropolitan area’s LYNX System. Although 

this route will still not connect to the Oakmont project, it will bring mass transit closer to the 

area. 

Environmental Conditions 

Given the size of the property, the site has a cornucopia of different land forms within it; sandy 

uplands, wetlands, creeks and ponds. Much of it had been in citrus production, row crops, or 

pasture at one time. In the Late 60s a channel was dredged to drain the wetland areas. Through 

the recent development of the property for residential, the channel has been removed and the 

historical wetland formations have been restored. 

A. Surface Water: 

There are a few small and intermittent ponds within the site. The nearest water bodies are the 

small lakes to the north that were created from the sand mining conducted in the 80s and 90s. 

This side of the Lake Wales Ridge is in the Kissimmee River Basin. Ultimately, runoff from this 

property will find its way to Horse Creek and on to Lake Hatchineha and the Kissimmee River. 

But, it has to travel through a lot to get there. 

B. Wetlands/Floodplains: 

Both the current phases as well as the conceptual plan for the future phases have been designed 

around the jurisdictional wetlands as physically surveyed onsite. 

C. Soils: 

The majority of the site has suitable soils for residential development connected to central 

utilities. The aerial photos demonstrate that a substantial amount of fill dirt was brought in to 

further stabilize and level the lot pads. The plans approved for this development were designed 

with a comprehensive lot grading plan. 



Table 8 

Soil Name 

Septic Tank 

Absorption Field 

Limitations 

Limitations to Dwellings 

w/o Basements 

% of Site 

(approximate) 

Tavares (15) Moderate: wetness Slight 25% 

Smyrna (17) Severe: wetness, poor filter Severe: wetness 15% 

Immokalee (21) Severe: wetness Severe: wetness 5% 

Placid (25) Severe: ponding, poor filter Severe: ponding 5% 

Lochloosa (26) Severe: wetness Slight 5% 

Basinger (36) Severe: ponding, poor filter Severe: ponding 15% 

Astatula (46) Slight Slight 25% 

Udorthorents (58) n/a n/a 5% 

Source: Soil Survey of Polk County, Florida, USDA, Soil Conservation Service 

D. Protected Species 

The site is located within one mile of an endangered species sighting as designated by the Florida 

Natural Area Inventory of 2002. A species study was conducted in the first phase. Land was set 

aside within the project for protection and mitigation. This land is designated conservation on 

the plat. 

E. Archeological Resources: 

There are no protected archeological resources in Section Sections 3, 10 & 15, Township 26, 

Range 27, according to the Florida Department of State, Division of Historical Resources. 

F. Wells (Public/Private) 

There is a public use well approximately ±0.6 miles to the north of the entrance to PD 02-22M 

(Oakmont). This is the Loma Linda water production facility that provides a portion of the water 

capacity, in the area. 

G. Airports: 

The site is not within any public airport flight paths or buffer zones. 

Park Facilities: 

There is a newly constructed regional recreational facility seven miles (8½ mi. driving distance) to 

the north that contains at least six lighted soccer/football fields, five lighted baseball fields, 

basketball, tennis, and racquetball courts, concession facilities, boat access to Lake Davenport as 

well as playground facilities for children and dog walks. There is also a neighborhood park in 

Loughman 2 ½ miles to the east. 

A. Location: 

The County’s Northeast Regional Park is located at 1317 U.S Highway 27, less than 1¼ south of 

US Highway 192. Loughman Park is at 6302 Old Kissimmee Road. 



B. Services: 

At the Northeast Regional Park, there are six lighted soccer/football fields, five lighted baseball 

fields, basketball, tennis, and racquetball courts, concession facilities, boat access, as well as 

playground facilities for children and dog walks. Loughman Park has basketball courts, lighted 

soccer fields, picnic facilities and a tot-lot. 

C. Planned Improvements 

There are no further recreation improvements scheduled for this quadrant of the County at this 

time. 

Economic Factors: 

As a resort community, Oakmont entered the market too late and was priced higher than other 

options available in the area, at the time. As a result, modifications were made to the project to 

adapt it to a more current market demand. A CDD was created, and infrastructure was constructed 

through its bonds. Constriction did not begin until 2007 and lots were not platted until late in the 

year. By the time a product was available, the housing market was into an historic decline. The 

development underwent foreclosure. Now that the housing market is showing signs of recovery, 

demand for the project is on the rise. At this time there are no plans for a golf course or any other 

non-residential uses of the magnitude that was earlier proposed. The applicant is seeking leniency 

on several of the earlier conditions that were intended to mitigate the differences between Oakmont 

and its neighboring developments. These additional buffering and screening measures are no 

longer necessary since the development now embodies the same land uses and intensities as its 

neighbors. Reducing these additional landscaping and maintenance requirements will bring down 

the per lot cost of development and help to make the project more competitive in the market. 

Consistency with the Comprehensive Plan: 

POLICY 2.131 B.2.1.A10 RESIDENTIAL MEDIUM (RMX) of the Ronald Reagan Parkway 

SAP permits a maximum density of 15 dwelling units per acre and a minimum residential 

density of six dwelling units per acre (6 DU/AC). It also allows live work units, but is limited to 

units with at grade access. Accessory retail establishments may be developed within residential 

developments with respect to their size, not to exceed 20,000 square feet. This development 

proposes nothing within the parameters of what is permitted by right in RMX. It is strictly a 

residential development of relatively low density that permits short-term rental the same as other 

residential districts in the Ronald Reagan Parkway SAP. It was RL-1X prior to 2006 (CPA 06B-01). 

County staff rezoned numerous areas throughout the northeast quadrant of the county to much 

higher densities and non-residential uses based on a study that found there were not enough land 

uses of the type available to meet market demand in the future. The result of such a broad brush 

of assumptions rendered several low intensity developments such as this non-conforming. 

Comments from other Agencies: 

None. 

EXHIBITS 

1 – Location Map 

2 – Future Land Use Map 

3 – 2012 Aerial Photo 

4 – Site Plan 

5 – Utility Lines in Phase I 

6 – Proposed Changes to Conditions 

7 – Sign Variance Request Site Plans 



Exhibit 1 

LOCATION MAP 



Exhibit 2 

FUTURE LAND USE MAP 



Exhibit 3 

2012 AERIAL PHOTO 



Exhibit 4 

SITE PLAN 



Exhibit 5 

Utility Lines in Phase I 

(2009 Aerial Photo) 



Exhibit 6 

PROPOSED MODIFICATIONS TO CONDITIONS OF APPROVAL 

1. The proposed County collector road shall be an 80 foot right-of-way with a minimum 

Type IV intersection improvement at CR 54 and be constructed from CR 54 to the 

project’s entrance concurrent with Phase 1. The proposed County collector roadway 

shall be designed to accommodate a posted 35 mph speed limit. The applicant shall 

provide a 25 foot landscape buffer with Type “C” Buffer plantings along the entire length 

of the east side of the new County collector roadway between the residential lots and Pine 

Tree Trail at the entrance to the development, a length of approximately 1,000 linear feet. 

A 25 foot landscape buffer shall be provided on the west side of the proposed County 

collector roadway from CR 54 to the limits set in condition #9. A modified Type “A” 

buffer shall be provided by the applicant on the west side of Pine Tree Trail opposite the 

development entrance, approximately 900 feet in length, to minimize glare shining from 

vehicle headlamps into the rear properties of the homes in the Briargrove Subdivision. 

2. Prior to Level 2 Review approval, the developer shall dedicate, to Polk County, the 80 

foot collector road right of way along the western boundary of the Planned Development 

as noted on the plan. [COMPLETED] 

3. The applicant shall dedicate additional road right-of-way along the CR 54 frontage to 

ensure that there is a minimum 40 feet of right-of-way measured from the centerline of 

CR 54. [COMPLETED] 

4. All maintenance facilities shall be located within the interior portions of the development 

and shall be located no less than 300 feet from any off-site residential property line. [No 

longer proposed on plan] 

5. The applicant shall install a six foot high vinyl clad chain link fence along the boundary 

of Sunridge Woods. [COMPLETED] 

6. No stormwater retention ponds shall be located between Oakmont Boulevard and the 

homes on Foggy Creek Road. [Applicant Request] 

7. The golf course shall be developed concurrently with the proposed residential 

development. [The residential development is built, golf course no longer in plan] 

8. Where the proposed collector road is adjacent to homes on Sunset Court and Meadow 

Green Drive, a landscaped buffer of 50 feet shall be provided. Where the road is adjacent 

to Sunset Court, Meadow Green Drive, Foggy Creek Road and Bent Oak Loop, a 50 foot 

buffer, or storm water lake, shall be provided as show on the Planned Development Plan 

as approved by the Planning Commission. The landscape buffer shall consist of a 

meandering, undulating berm of three to five feet high supplemented with landscape 

shrubs to provide a minimum height of five feet at planting with a 40 percent opacity. 

The landscape buffer shall have the capability at attaining a 80 percent opacity within two 

years. Tree planting shall be provided at not more than 40 foot intervals. The required 

buffer shall be completed prior to the issuance of a Certificate of Occupancy. The 

landscape buffer shall be in addition to the street right-of-way. [Applicant Request] 




9. Where the collector road abuts lots along the Briar Grove subdivision, specifically, lots 

120 126 and lots 234-238 along Grove Park Drive and Lot 233 on Thornbush Parkway, 

the developer shall provided a landscape screening consisting of shrubs and trees. This 

landscape screen shall consist of planting with a minimum height of three feet at the time 

of planting and be capable of attaining a height of five feet within two years. Tree 

planting shall be at intervals of 40 feet and shall not conflict with height restrictions 

adjacent to the power line easement. Existing vegetation meeting the buffer requirement 

may be utilized in lieu of landscaping. [Applicant Request] 

10. All new lots adjacent or abutting the Sunridge Woods Subdivision, specifically Tract 3 

(single family detached villas) & Tract 5 (residential villas) shall be the average lot size 

(width and depth) or larger lot size as those lots within Sunridge Woods (adjacent lots). 

[Applicant Request] 

112. Prior to the issuance of the first building permit, the developer shall tender $150,000 

cash, or unconditional letter of credit, in favor of Polk County. These funds shall be used 

to extend the collector road south and east to its intersection with County Road 547. Any 

interest earned on deposited funds shall be retained by the County and the County shall 

have up to five years to utilize the funds in the prosecution of the transportation facility. 

Any funds not expended by the County within this five year period shall be refunded to 

the developer. The Oakmont PD shall be responsible for payment of $150,000 to Polk 

County. The payments and requirements shall be outlined in the Development 

Agreement with Polk County, Case# DA 03-04. 

123. The developer shall provide such additional right-of-way as may be necessary to create 

an 80 foot right-of-way for Bowen Road. Consideration shall be given to existing rightof-way 

or maintenance plat. 

134. The applicant shall provide sidewalks a minimum of four (4) feet in width along the 

entire frontage on CR 54. Additionally, the applicant shall construct sidewalks along the 

entire eastern side of the new County collector road to the project’s gated entrance and 

along the western side of the County collector road to the proposed access point to the 

commercial area. [COMPLETED] The applicant shall provide internal sidewalks to 

connect all residential tracts, the commercial tract, the clubhouse and all active common 

areas to Pine Tree Trail. 

145. The applicant shall provide an entrance onto Bowen Road to be used for public safety 

vehicles (Sheriff, Fire & EMS), emergency ingress and egress. 

15. The applicant shall provide a 10 foot wide landscape buffer along the boundary of 

Sunridge Woods, specifically the boundary within Tracts 3 & 5, shall to be installed prior 

to the issuance of building permits for units within Tracts 3 & 5 abutting Sunridge 

Woods. This landscaped buffer shall be on a designated open space/landscape tract 

dedicated to the Home Owners Association (HOA) or similar entity. 




16. The applicant shall provide a 10 foot landscape buffer along the east side of the proposed 

local internal roadway (east of Hole 5 & 6) and south of the proposed lake/retention area 

(adjacent to Pete’s Lane). This landscape buffer shall be installed prior to the 

construction of the internal roadway. This landscape buffer shall be on a designated open 

space/landscape tract dedicated to the Home Owners Association (HOA) or similar 

entity. [No longer proposed on plan] 

17. 6. All submitted site plans shall be binding and all conditions of approval herein shall be 

reflected on all subsequent submittals to Polk County. 

18. The applicant shall submit plans for Level 2 Review approval for Phase 1 prior to 

December 11, 2006. 

19. 7. The project’s (PD 02-22) golf course and ornamentals landscape irrigation system shall 

connect to the County’s reclaimed/re-use water system when the system is on-line and 

available to the site. (PC-Addition) [Golf Course No longer proposed on plan] 



Exhibit 7 

Sign Variance Request Site Plans 



POLK COUNTY 

GROWTH MANAGEMENT DEPARTMENT 

STAFF REPORT 

DRC Date: N/A LEVEL: 4 

PC Date: December 5, 2012 TYPE: Development Agreement (DA) 

BOCC Date (s): January 22, 2013 CASE #: DA 03-04M 


Request: 

Applicant: 


Size: 



Contact Person: 

55655 (AK Oakmont,LLC and Polk County Development 

Agreement) 

AK Oakmont, LLC requests that Polk County modify the 

existing Development Agreement to recognize AK 

Oakmont, LLC as a successor in title to WU-Polk, Inc. only 

as to the properties owned by AK Oakmont, LLC; modify 

the Development Agreement as to the payment for the 

Collector Road Extension (Pine Tree Trail); further define 

the responsibilities of the Parties; and update the notice 

requirements for this amendment. 

AK Oakmont, LLC and Polk County 

AK Oakmont, LLC 

638 ± acres 

Residential Medium – X (RMX) 

Ronald Reagan Selected Area Plan 

Transit Supportive Development Area 

Quen Wilson 

AK Oakmont, LLC has acquired some of the land within the Oakmont PD (PD) and 

intends to develop 325 single family lots. Nothing within the proposed Amendment 

limits AK Oakmont, LLC from acquiring additional land within the PD or modifying the 

PD conditions. 

The current Development Agreement requires the Owner to pay $150,000 in cash or 

provide an unconditional Letter of Credit to Polk County for the southward extension of a

Collector Road (Pine Tree Trail). This is a developer share payment that is required to be 

made prior to the first building permit being issued for a structure on the PD. 

This first amendment to the Development Agreement is primarily concerned with the 

share payment for Pine Tree Trail which has already been funded and constructed by 

Polk County. AK Oakmont, LLC requests that a change be made to the payment method 

so that the payment for Pine Tree Trail can be shared by all the developers. The new 

payment is proposed to be divided among the residential lots and commercial area, as 

follows: 

• residential development: $ 136.00 per lot or dwelling unit 

• commercial development: $ 509.00 per 1,000 square feet of 

gross leasable area 

Polk County would collect this share payment for lots or commercial area until it collects 

the total $150,000. 

AK Oakmont, LLC has provided Polk County with a Letter of Credit for $150,000 so that 

building permits can be obtained for construction in the PD. The proposed Amendment 

establishes a share payment schedule for AK Oakmont, LLC for the initial 325 single 

family lots and a return of the Letter of Credit to the bank/AK Oakmont, LLC. Any 

additional lots acquired by AK Oakmont, LLC would have the share payment applied 

consistent with the above share payment schedule. 

Pursuant to the Land Development Code, Section 915, Development Agreements states: 

It is the intent of this Section to encourage a stronger commitment to 

comprehensive and capital facilities planning, ensure the provision of 

adequate public facilities for development, encourage the efficient use of 

resources, and reduce the economic cost of development, all in conformity 

with and to carry out the purposes of the Polk County Comprehensive 

Plan and the Local Government Comprehensive Planning and Land 

Development Regulation Act. 

Section 915, Development Agreements continues: 

This intent is affected by exercising the authority granted the County to 

enter into Development Agreements with applicants under Sections 

163.3220 through 163.3243, F.S. This Section shall be regarded as 

supplemental and additional to the powers conferred upon the County by 

other laws and shall not be regarded as derogation of any powers now 

existing.

In accordance with Section 915, Development Agreements of the Land Development 

Code and Chapter 163.3220 through 163.3243, Florida Statutes, staff’s opinion is that 

this Agreement will strengthen the public planning process, encourage sound capital 

improvement planning and financing, assist in assuring there are adequate capital 

facilities for the development, encourage private participation in comprehensive planning 

and reduce the economic costs of development. The Development Agreement will 

enable the developer to proceed with development without concern over potable water, 

sanitary sewer, and transportation concurrency. 

The Office of Planning and Development, based on the current information, finds that the 

proposed request IS consistent with the surrounding land uses and general character of 

the area; IS consistent with the Polk County Land Development Code and IS consistent 

with the Polk County Comprehensive Plan. 

Office of Planning and Development Recommendation: Based upon the information 

provided by the applicant and staff research, the Office of Planning and Development 

recommends APPROVAL of DA 03-04M. 

Exhibit 1: 

Exhibit 2: 

Exhibit 3: 

Exhibit 4: 

Location Map 

Aerial Photograph 

Development Agreement 

Proposed First Amendment

Exhibit 1 

Location Map 

SITE 

Source: Google Maps, 2012.

Exhibit 2 


SITE 

Source: Google Maps, 2012.

Exhibit 3 

Development Agreement

Exhibit 4 

Proposed First Amendment

DRAFT 

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR 

OAKMONT PLANNED DEVELOPMENT 

This Amendment to Development Agreement for Oakmont Planned Development 

(hereinafter referred to as the “Amendment”) is made and entered into on this 

_________day of ____________, 2013, by and between AK OAKMONT, LLC, a Florida 

Limited Liability Company, whose address is 8875 Hidden River Parkway, Suite 150, 

Tampa, Florida 33637 (hereinafter referred to as “Owner”), who is a successor in 

interest to the WU Polk, Inc., a Delaware corporation, whose address is 4550 Post Oak 

Place, Suite 220, Houston, Texas, 77027; and POLK COUNTY, a political subdivision of 

the State of Florida, whose address is 330 West Church Street, Bartow, Florida 33830 

(hereinafter referred to as “Polk County”). The Owner and Polk County are hereinafter 

referred to individually as a “Party” and collectively as the “Parties.” 

WITNESSETH: 

WHEREAS, Polk County approved The Oakmont Planned Development, No. 02- 

22, on December 20, 2002 (previously known as PUD 98-21 and hereinafter referred to 

as the “Oakmont PD”) for the development of the property described on Exhibit “A” 

attached hereto; 

WHEREAS, Polk County entered into a Development Agreement with WU Polk, 

Inc., dated May 15, 2003 regarding the development of the Oakmont PD (the 

“Development Agreement”), which was recorded in the Public Records of Polk County, 

Florida on May 28, 2003, in O.R. Book 05376, beginning at Page 300; 

WHEREAS, Polk County approved the plat for Oakmont Phase 1 on February 6, 

2008, and the plat is recorded in the Public Records of Polk County, Florida in Plat Book 

148, Pages 16 – 30; 

WHEREAS, AK Oakmont, LLC purchased the portion of Phase 1 of the Oakmont 

Planned Development described on Exhibit “B” attached hereto (the “AK Oakmont 

Property”) on August 30, 2012, and desires to develop these lots contained into 

residential dwelling units; 

WHEREAS, the Parties have agreed to amend the Development Agreement as 

to the AK Oakmont Property as set forth; and 

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DRAFT 

WHEREAS, Regions Bank has issued Irrevocable Letter of Credit No. 55106191 

with the beneficiary as Polk County, consistent with Paragraph 3.6 of the Development 

Agreement, as hereby amended. 

NOW, THEREFORE, in consideration of the premises hereof, the mutual 

covenants contained herein, and other good and valuable consideration, the receipt and 

sufficiency of which is hereby acknowledged, the parties hereto covenant and agree as 

follows: 

ARTICLE I 

RECITALS, DEFINITIONS AND PURPOSE 

1.1 Recitals. The Recitals stated above are an integral part of this 

Amendment to the Development Agreement and are incorporated herein by reference 

as if fully set forth herein. 

1.2 Definitions. Terms which are capitalized herein shall be defined as set 

forth in the recitals above or as noted in the following articles. 

is to: 

1.3 Purpose. The purpose of this Amendment to the Development Agreement 

• recognize the Owner as a successor in interest to WU Polk, Inc. only as to the 

AK Oakmont Property; 

• define the Party’s respective rights and obligations in reference to the 

Development Agreement; and 

• provide notice requirements for this Amendment. 

1.4 Planned Development. Nothing in this Amendment shall prevent the 

Owner from modifying the PD consistent with the Polk County Comprehensive Plan and 

Land Development Code.. 

1.5 Development Agreement. The Development Agreement shall remain a 

valid Development Agreement. Nothing in this Amendment shall prevent the Parties 

from further amending the Development Agreement consistent with the Polk County 

Comprehensive Plan and Land Development Code, and Florida Statutes. Should a 

conflict occur between this Amendment and the Development Agreement, this 

Amendment will be the determining document. 

1.6. Additional Property. Nothing in this Amendment shall limit the Owner 

from acquiring additional property within the Oakmont PD. In the event the Owner 

acquires additional property within the Oakmont PD, such property shall automatically 

be bound by the terms of the Development Agreement, as hereby amended, without 

further notice, and the Owner shall be required to pay Polk County the monies 

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DRAFT 

attributable to such additional property in accordance with Paragraph 3.6 of the 

Development Agreement, as hereby amended. 

ARTICLE II 

TERMS OF AMENDMENT 

Pursuant to the terms and conditions set forth in this Amendment, Polk County 

and the Owner hereby consent and agree as follows: 

2.1 Successor. The Owner is a successor in interest to the AK Oakmont 

Property as shown by the deed for the AK Oakmont Property attached hereto as 

Exhibit “C”, and Owner hereby represents and warrants that it owns fee simple title to 

the AK Oakmont Property, free and clear of any claims, liens, pledges, security interests 

and encumbrances of any kind whatsoever, and has full power, right, authority and 

capacity to enter this Amendment. 

2.2 Duration of Amendment. This Amendment to the Development 

Agreement shall begin on the Effective Date of the Amendment and shall expire on July 

15, 2013 (which is the date the Development Agreement expires as set forth in 

Paragraph 2.2 thereof). This Amendment may be extended beyond the expiration date 

of the Development Agreement only by the written consent of the Owner and Polk 

County, in conjunction with the consent and participation of all of the present land 

owners within the Oakmont PD, subject to public hearings in accordance with Section 

163, Florida Statutes and the Polk County Land Development Code. 

2.3 Amendment. Paragraph 3.6 of the Development Agreement is hereby 

deleted in its entirety and replaced with the following as to the AK Oakmont Property: 

3.6 Collector Road Extension. The Development Agreement 

provides that prior to the issuance of any building permits, the Owner of 

Oakmont PD shall tender a one-time payment to Polk County of 

$150,000.00 or an unconditional Letter of Credit in the same amount to 

Polk County, to pay for the southward extension of a collector road to 

provide sufficient access to the Oakmont PD. Polk County completed the 

collector road extension as contemplated in Paragraph 3.6 of the 

Development Agreement, which improvements are now known as Pine 

Tree Trial, and were paid for 100% by Polk County. Polk County did not 

receive any monies from the Owner of Oakmont PD as required in the 

Development Agreement, and the Parties agree that Owner shall 

reimburse Polk County for its proportionate share of said costs as set forth 

below.

DRAFT 

The Oakmont PD includes residential and commercial development 

parcels. The Parties agree the overall reimbursement to Polk County shall 

be based on and paid by the Owner as follows: 

• Residential development: $ 136.00 per lot or dwelling unit 

• Commercial development: $ 509.00 per 1,000 square feet of gross 

leasable area 

This payment for the residential or commercial development is due at the 

time a building permit application is submitted to Polk County for a 

proposed residential or commercial structure. Once Polk County has 

received a total of $150,000.00 from the Owner (or other owner within the 

Oakmont PD), Polk County shall no longer require reimbursement for the 

construction of Pine Tree Trail as provided herein. 

The above stated payment per lot or dwelling unit is based on 999 lots and 

28,000 square feet of gross leasable area, as described in the PD. 

Should the number of lots, residential dwellings or commercial area be 

modified in any way, the payment shall be adjusted to reflect this change 

to insure that Polk County receives up to but not exceeding $150,000.00 

for its construction of Pine Tree Trail, provided, however, Polk County 

shall not be obligated to refund Owner any monies whatsoever paid by 

Owner to Polk County prior to such modification. 

Owner further agrees that in the event Owner acquires additional property 

within the Oakmont PD, such property shall automatically be bound by the 

terms of the Development Agreement, as hereby amended, and the 

Owner shall be required to pay Polk County for such additional property in 

accordance with this Paragraph 3.6 of the Development Agreement, as 

hereby amended. 

2.4 Additional Provisions. The following additional provisions are hereby 

added to Article III of the Development Agreement: 

3.9 Letter of Credit. Polk County has received and accepted 

the Irrevocable Standby Letter of Credit No. 55106191 for $150,000.00 

from Regions Bank with Polk County as the beneficiary of the Letter of 

Credit. The Owner may submit building permit applications to Polk County 

and Polk County will issue building permits for residential structures on the 

4 of 16

AK Oakmont Property once all the applicable requirements of the Polk 

County Comprehensive Plan and Land Development Code, and Florida 

Statutes have been satisfied. Polk County shall surrender this Letter of 

Credit to Regions Bank once the two initial payments of the Owner’s share 

of the payments for the collector road set forth below have been received 

by Polk County in accordance with Paragraph 3.10 below. If the Owner 

has not paid all of their share payment on or before June 15, 2013, Polk 

County may draw on the Letter of Credit in accordance with that Letter of 

Credit up to but not exceeding the aggregate sum of $150,000.00. 

3.10 Terms of Owner’s Payment. The Owner has purchased 

325 residential lots that have been approved by Polk County for residential 

use, concurrency has been issued for these lots and a plat has been 

approved and recorded; therefore and based on the number of residential 

lots set forth above, the Owner’s share of the payment required under the 

Development Agreement, as hereby amended, is $44,200.00, which shall 

be payable to Polk County as follows: 

DRAFT 

• $14,200.00 - No later than 10 calendar days from the Effective Date 

of this Amendment; 

• $15,000.00 - No later than March 1, 2013; 

• $15,000.00 - No later than June 1, 2013. 

The Owner’s failure to make the payment on or before the payment dates 

will result in Polk County immediately ceasing to issue building permits for 

the development on the AK Oakmont Property until such payment(s) is/are 

received. In the event such delinquent payment(s) are made by Owner to 

Polk County, Polk County shall continue to issue building permits that 

meet the applicable requirements for development as set forth in the Polk 

County Comprehensive Plan and Land Development Code, and Florida 

Statutes. 

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DRAFT 

ARTICLE III 

MISCELLANEOUS PROVISIONS 

3.1 Notices and Hearings. The Owner and Polk County hereby consent and 

agree to comply with all standards and requirements for notices and hearings 

concerning this Amendment, as set forth in Florida Statutes and the Polk County Land 

Development Code. For the purposes of this Amendment, notices to the Parties shall 

be as: 

Notices to Polk County: 

Chairman 

Polk County Board of County Commissioners 

330 West Church Street 

Bartow, FL 33830 

With a copy to: 

Notices to the Owner: 

County Attorney 

Polk County Board of County Commissioners 



Concurrency and Entitlements Director 

Office of Planning and Development 



Mr. Jim Harvey, Manager 


8875 Hidden River Parkway 

Suite 150 

Tampa, FL 33637 

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DRAFT 

With a copy to: 

Mr. Jim Harvey, President 

Kolter Group 

701 S. Olive Avenue 

Suite 105 

West Palm Beach, FL 33401 

These notice addresses may be changed by giving written notice to the other Party at 

least 30 days prior to the address change. 

3.2 Effective Date. This Amendment shall be effective upon the proper 

recordation of this Amendment in the Public Records of Polk County, Florida and 

following 30 days after receipt of this Amendment by the Florida Department of 

Economic Opportunity. If this Amendment is appealed by the Florida Department of 

Economic Opportunity, the Effective Date shall be the date that all the differences are 

settled between the Parties. 

(Signature Blocks Appear on the Following Pages) 

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DRAFT 

IN WITNESS WHEREOF, the Parties hereto, through their duly authorized 

representatives, have executed this Amendment on the day(s) and year set forth below. 

DULY PASSED AND ADOPTED BY THE POLK COUNTY BOARD OF COUNTY 

COMMISSIONERS, THIS _________ DAY OF ______________, 2013. 

(SEAL) 

BOARD OF COUNTY COMMISSIONERS OF 

POLK COUNTY 

ATTEST: 

Richard M. Weiss, County Clerk 

By: 

Chairman 

By: 

Deputy Clerk 

Date: ____________________________ 

Approved by County Attorney 

As To Form and Legal Sufficiency 

By: 

Date: ___________________________ 

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DRAFT 

WITNESSES 


A Florida Limited Liability Company 

Signature 

________________________ 

Print Name 

Jim Harvey, Manager 

Date: ___________________________ 

________________________ 

Signature 

_______________________ 

Print Name 

STATE OF FLORIDA 

COUNTY OF POLK 

The foregoing instrument is hereby acknowledged before me this ____ day of 

__________________, 2012, by _____________________________, as 

___________________ of AK Oakmont, LLC, on behalf of the Limited Liability. He/She 

is personally known to me or has produced __________________ as identification. 

NOTARY PUBLIC: 

My Commission Expires: 

9 of 16

DRAFT 

Exhibit “A” 

Legal Description for Oakmont Planned Development 

10 of 16

DRAFT 

Exhibit “A” (Con’t) 

Legal Description for Oakmont Planned Development 

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DRAFT 

Exhibit “B” 

Legal Description of AK Oakmont, LLC Property 

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DRAFT 

Exhibit “C” 

Special Warranty Deed 

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DRAFT 

Exhibit “C” (Con’t) 


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POLK COUNTY 


STAFF REPORT 

DRC Date: October 4, 2012 LEVEL: 3 

PC Date: December 5, 2012 TYPE: Conditional Use Modification 

BOCC Date: N/A CASE #: CU 08-04M 


Request: 

Applicant: 


Location: 

Size: 




Case Planner: 

56064 (Universal Shooting Academy Modification) 

Expand the existing firearms training facility to allow competitive 

shooting events and increase the number of shooting bays, and add a 

16,900 square foot clubhouse building, a 3,600 square foot classroom 

building, and other accessory structures on 36 total acres. 

Frank Garcia/Better Accuracy Technologies Corporation 

Frank Garcia/Better Accuracy Technologies Corporation 

Located on the south side of East SR 630, east of Walk-in-Water 

Road and west of the Indian Lake Estates community in Sections 21 

and 28, Township 31, and Range 29. 

36 ± acres 

Agriculture/Residential-Rural (A/RR) 

Rural Development Area (RDA) 

The City of Frostproof is approximately one mile west of the site. 

Tom Wodrich, AICP 


The applicant is requesting an expansion to the existing 12 acre firearms training facility to allow 

competitive shooting events and increase the number of shooting bays, and add a 16,900 square foot 

clubhouse building, a 3,600 square foot classroom building, and other accessory structures on 36 

total acres. The original 12 acre site was approved in 2008. The range is not open for public use, 

which limits the usage of the site and reduces the potential for impacts. The facility provides small 

arms training for law enforcement, military and limited civilian students. A condition of approval 

limits the hours of operation to further minimize any impacts caused by this facility. 

The applicant is requesting the expansion in order to host competitive firearms events. Due to the 

nature of the use, the facility limits the number of participants and visitors to the site. As a result, 


Level 3/TDW 11/21/2012 2:04:31 PM CU 08-04M December 5, 2012

demands upon infrastructure will remain minimal for the proposed expansion and available 

infrastructure in this area is sufficient to support the proposed use. 

While the proposal will result in an increase in the number of permitted visitors to the site, the 

impacts of the site do not expand toward any of the existing neighboring residents. The nearest 

residential use is more than ¼ mile east of the site. There have been no Code Violations on this site 

since it began operations in 2009. 

The primary increase in impacts is anticipated to come in the form of sound impacts and a slight 

increase in traffic. Staff evaluated the sound impacts of the site by monitoring gun fire from the site 

at the point of the nearest residence east of the site. The gun shots were slightly audible above the 

existing noises of the area. These impacts were the equivalent to the sound of popcorn popping in an 

adjacent room of the house and were not objectionable. 



1. This application is for expansion to an approved existing firearms training facility to allow 

competitive shooting events and increase the number of shooting bays, and add a 16,900 

square foot clubhouse building, a 3,600 square foot classroom building, and other accessory 

structures on 36 total acres. 

2. The site is located within the Agricultural Residential Rural (A/RR) land use district within 

the Rural Development Area (RDA). This area of the County consists of citrus groves, sod 

farms, improved pasture, hay fields, and heavily wooded areas. 

3. This use is considered to Recreation, High Intensity, and requires Level 3 Conditional Use 

approval in the A/RR land use district. 

4. The facility currently uses on-site private wells and septic tanks. 

5. According to the Soil Survey of Polk County, this site contains primarily Smyrna and Myakka 

Fine Sands. These soils have severe limitations for dwellings without basements and septic 

tanks. 

6. The site is not within a one-mile radius of a protected animal or plant species siting 

according to the Florida Natural Areas Inventory of 2002. 

7. The site has frontage and access onto County Road 630, a two-lane rural major collector 

road. 

8. The site is in an area of the County that has been mostly undeveloped. The site is 

surrounded by pasture, citrus groves and wetlands. 

9. The northern 12 acres of this site was approved as a firearms training facility in 2008 and 

has been in operation ever since. 



Development Review Committee Recommendation: Based on information provided with the 

proposed development application, the Development Review Committee finds that the proposed 

request IS consistent with the surrounding land uses and general character of the area; and IS 

consistent with the Polk County Land Development Code and the Polk County Comprehensive Plan. 

Based upon the findings of fact, the information provided by the applicant, and a recent site visit; the 

Development Review Committee recommends APPROVAL of CU 08-04M with conditions. 

CONDITION(S) OF APPROVAL: 

1. All previous conditions of approval shall be revoked and replaced with the conditions of 

approval listed herein. [PLG] 

2. This conditional use approval shall allow only the structures and facilities shown on the 

binding site plan. [PLG] 

3. Operations at this facility shall be limited to between 9:00 AM and 10:00 PM daily. [PLG] 

4. All weapons ranges shall be operated consistent with the Florida Department of 

Environmental Protection, Bureau of Solid and Hazardous Waste Best Management Practices 

for Environmental Stewardship of Florida Shooting Ranges, 2004 Edition or better. [PLG] 

5. If any additional site clearing or grubbing occurs, the applicant shall hire a qualified 

professional to conduct a site survey/walkover to ensure that no threatened or endangered 

plant or animal species exist on the site. If any are discovered, the applicant shall properly 

protect the specie(s) or mitigate any impacts consistent with federal, state and local law. 

[PLG] 

6. With the exception of the areas specified for development on the site plan, none of the 

existing vegetation shall be cleared unless for approved public safety purposes (e.g. fire 

breaks, prescribed burns, ecological habitat maintenance). [PLG] 

7. Prior to Level 2 Review approval, the applicant shall submit a hydraulics calculation certified 

by a registered professional engineer, that adequate water pressure and capacity exist to 

maintain fire flow as determined by the Polk County Fire Marshall. [FM] 

8. A sufficient application for Level 2 Review shall be submitted reflecting all conditions of 

approval. [PLG] 

9. This conditional use shall not impede any existing legal easements. [PLG] 

10. The applicant shall maintain external berms of at least 18 feet in height around the perimeter 

of all shooting bays. [PLG] 

11. The site shall be maintained to ensure it is clean and free of litter, debris, and refuse on a 

daily basis. [PLG] 

12. All on-site activity shall be consistent with all Recreation conditions and requirements of 

LDC Chapter 303; however, landscape buffering shall be required as provided on the 

approved Level 3 conditional use site plan. [PLG] 



Surrounding Land Use Designations and Current Land Use Activity: 

Northwest: 

A/RR, Pasture 

West: 

A/RR, Citrus groves 

Southwest: 

A/RR, Citrus groves 

North: 

A/RR, Pasture 


A/RR, existing ranges with safety 

berms, canopy areas, barn, mobile 

home and office/restroom facilities. 

South: 

A/RR, Pasture 

Northeast: 

A/RR, Pasture 

East: 

A/RR, Pasture and Wetlands 

Southeast: 

A/RR, Pasture and Wetlands 

Source: GIS Data Viewer and field visit 

This type of facility can have impacts related to noise, light and smoke. Accordingly, the Land 

Development Code requires that these types of facilities (which are categorized as Recreation, High 

Intensity) be reviewed as a Level 3 Conditional Use in the A/RR. There are standard conditions in 

Section 303 to ensure that the impacts are addressed. 12 acres of the site is already built and being 

used as a firearms training facility. This is an area that is rural in character, with limited residential 

development. The surrounding properties are undeveloped. The closest homes are approximately ¼ 

mile east of the existing facility. 


A. Land Uses: 

The site is significantly buffered from residential properties in the surrounding area by berms, 

distance, and existing vegetation. This area of the County is characterized by heavily wooded areas 

and agriculture such as citrus groves, sod farms, improved pasture, hay fields. 


This is an area of the County in which very few urban services are available. Services are provided at 

minimum levels. In addition to a lack of water or wastewater services, response times from 

emergency services such as fire, EMS, and Sheriff are longer due to the remote location of this site. 

Zoned Elementary, Middle, and High School 

The proposed use will not contribute new students to the school system and is a significant distance 

(more than six miles) from existing schools. Due to the remote location of the proposed use and the 

separation between the proposed use and existing residential areas, conflicts with School Board 

facilities or bussing are not anticipated. 


Based on the limited usage of the site, it is not expected that this facility will adversely impact public 

safety services. The facility may benefit community law enforcement agencies by providing training 

opportunities. 





Sheriff Southeast District Lake Wales 13± miles 

Fire Indian Lakes Estates #14 56-hour 6 ± miles 

EMS Frostproof (#4) 7± miles 

Source: Polk County Sheriff’s Office and Polk County GIS Division. 

Water and Sewer Capacity and Service Provider: 

Because of the remote location, and the nature of the use, this facility will utilize an on-site well and 

septic system. 

Roadways/Transportation Network: 

The Institute of Transportation Engineers (8 th Edition) provides traffic generation rates for dozens of 

land uses; however, it does not provide a traffic impact standards for a shooting range facility. As a 

result, the applicant provided an estimation of traffic impacts generated by the proposed use to Land 

Development and TPO staff. The number of anticipated daily participants was therefore estimated 

and submitted for staff review. The applicant estimates that the average visitor rate will be 16 per 

day, with 32 AADT and 16 PM Peak trips. CR 630 has sufficient capacity available for this level of 

usage. For the larger competition events, the applicant has estimated a trip generation rate of 0.15 

(based upon the closest event category, Dog Race Track, from the ITE Manual). This results in 90 

PM Peak hour trips. Because CR 630 is currently utilizing 153 trips westbound and 120 trips 

eastbound out its design capacity of 480 trips available, the proposed use is not anticipated to 

adversely impact roadway capacity. 

Environmental Conditions: 


There is no surface water at or near the site that will be impacted by the proposed use. 


While there are no wetlands on the site, it may contain floodplains. During Level 2 Review, A flood 

study may be required to determine the flood elevation for the Un-Numbered "A" Zone that is 

located on the property. 

C. Wells (Public/Private): 

The proposed use will not impact any nearby community wells. 

D. Airports: 

This property does not lie within the airport buffer zone of any major airports within Polk County. 

E. Soils 

The site is comprised of Smyrna and Myakka Fine Sand. While not suitable for dense development, 

these soils will adequately support the proposed use. 



E. Protected Species 

This site, and the surrounding immediate area has been used for agriculture for decades. While this 

area of the County provides habitat for a tremendous amount of flora and fauna, the expansion area 

of the site is not within a one mile radius of a protected animal or plant species sightings according to 

the Florida Natural Areas Inventory. 


Demand for areas designated for off-road vehicle usage has increased over the past decade. This is a 

growing recreational industry, for which there is a need to provide designated and legally established 

and permitted areas for enthusiasts. The infrastructure demands and economic returns from this use 

are minimal. Patrons use the facilities during the day, and while some stay overnight at the 

campground, most purchases are likely associated with convenience items, such as food and gas (the 

nearest station is approximately 10 miles away), in preparation for their activities. However, the 

combination of this conditional use in the center of the County, River Ranch on the east side of the 

County, and other facilities such as the County facility in the western portion of the County each 

contribute to an increase in the number of off-road vehicle/motorcycle/ATV dealerships and sales 

within and surrounding Polk County. 

Consistency with Comprehensive Plan: 

The level of service demand associated with the proposed use is consistent with the Rural 

Development Area (RDA) goals, objectives, and policies within the Comprehensive Plan. While the 

RDA does not provide services that will support dense development, recreational uses in areas that 

are located with appropriate roadway infrastructure are appropriate because they generally do not 

require constant service support. This use is ideal for the RDA and, because it provides a location for 

a growing recreational need, it is consistent with Section 3.501 of the Recreation and Open Space 

Element of the Comprehensive Plan. 

Comments/conditions from other County agencies: 

The comments and conditions of other agencies have been incorporated into the summary and 

analysis of this Development Review Committee recommendation. 

Exhibits: 

Exhibit 1 

Exhibit 2 

Exhibit 3 

Exhibit 4 

Location Map 

Future Land Use Map 


Site Plan 



Exhibit 1 

SITE 

LOCATION MAP 



Exhibit 2 




Exhibit 3 

AERIAL PHOTOGRAPH 



Exhibit 4 

SITE PLAN 



POLK COUNTY 


STAFF REPORT 

DRC Date: September 6, 2012 LEVEL: 3 

PC Date: December 5, 2012 TYPE: Conditional Use Modification 

BOCC Date: N/A CASE #: CU 11-04M 


Request: 

Applicant: 


Location: 

Size: 




Case Planner: 

56027 (Dirty Foot Adventures Modification) 

1,100 acre expansion to an existing 82 acre ATV/motorcycle park to 

allow additional ATV/motorcycle trail riding activities and foot-races. 

Colon Lambert 

Land Development Co. of Central FL 

Located adjacent to the east side of Singletary Road, approximately 

two miles south of Avon Park Cutoff Road and seven miles west of 

US 27, in Sections 19, 20, 29, 30, 31 and 32, Township 32, and 

Range 27. 

1,150 ± acres 

Agriculture/Residential-Rural (A/RR) 


The City of Frostproof is approximately seven miles east of the site. 

Tom Wodrich, AICP 


The applicant is requesting an expansion to an approved 82 acre off-road vehicle park consisting of 

racetracks, drag strips, and a campground, in order to allow vehicle oriented recreation including 

motorcycle/ATV trail riding activities and foot-races on approximately 1,100 additional acres east of 

the approved site. The original 82 acre site was approved for up to 2,500 daily vehicles (in order to 

ensure that roadway capacity will be maintained) and no additional vehicle trips are proposed with 

this site expansion. The infrastructure available in this area is sufficient to support the proposed use. 

The applicant proposes to use an existing network of trails throughout the property. No permanent 

structures are proposed. The expansion area of the site is comprised of pine flatwood areas with 

upland and wetland acreage. Wetland impacts are prohibited by Section 620 of the Land 

Development Code. The palmetto is thick throughout the site and offers a unique riding experience. 



While the proposal does not increase the number of permitted visitors to the site and therefore 

maintains the overall infrastructure impacts of the site, the primary change in impact is related to the 

increased proximity of the activity to existing residences. In the original conditional use application 

review for the 82 acre site, the closest residence was almost two miles from the proposed activities. 

For this expansion, the applicant proposes to bring the conditional use boundary within ½ mile of 

residences along Bereah Road east of the site. 

The primary increase in impacts is anticipated to come in the form of sound impacts. As a result, 

staff attempted to evaluate the sound impacts of the site by monitoring ATVs and motorcycles riding 

in the proposed expansion areas from several residences outside of the proposed conditional use 

expansion boundary along Avon Park Cut Off Road and Bereah Road. These efforts demonstrated to 

staff that riding right along the proposed eastern boundary line was often objectionable when 

standing outside (the same noises were not noticeable when inside a residence). However, other areas 

within this expansion area were barely audible above the existing noises of the area. Therefore, the 

site visit indicated to staff that riding on most of the expansion area can be compatible with the 

activities in the area, with the exception of the area closest to the Bereah Road residences. Therefore, 

staff has conditioned the recommendation to remove a substantial portion of the site in the 

southeastern corner to ensure that sound levels are minimized to these residents. 



1. This application is for an 1,100 acre expansion to an approved 82 acre off-road vehicle park 

consisting of racetracks, drag strips, and a campground, in order to allow vehicle oriented 

recreation including motorcycle/ATV trail riding activities and foot-races. 

2. The site is located within the Agricultural Residential Rural (A/RR) land use district within 

the Rural Development Area. This area of the County consists of citrus groves, sod farms, 

improved pasture, hay fields, and heavily wooded areas. 

3. The site is comprised of upland and wetland soils, and contains wetland areas. 

4. An 82 acre portion of this site was approved for ATV/motorcycle riding and camping in 2011 

and is currently being used for ATV and motorcycle riding. 

5. The site plan proposes hours of operation for proposed facility from 7 a.m. until 11 p.m. 

6. No additional structures are proposed. 

Development Review Committee Recommendation: Based on information provided with the 

proposed development application, the Development Review Committee finds that the proposed 

request IS consistent with the surrounding land uses and general character of the area; and IS 

consistent with the Polk County Land Development Code and the Polk County Comprehensive Plan. 

Based upon the findings of fact, the information provided by the applicant, and a recent site visit; the 

Development Review Committee recommends APPROVAL of CU 11-04M with conditions. 



CONDITION(S) OF APPROVAL: 

1. All previous conditions of approval shall be revoked and replaced with the conditions of 

approval listed herein. [PLG] 

2. This approval shall be for an 82 acre off-road vehicle park consisting of an off-road drag 

racing strip, an off-road ATV drag racing strip, an off-road motor-cross race track, an offroad 

youth motor-cross race track, two mud pits for vehicle usage, and a 29 acre campground 

for self-contained tent and RV camping only. Overnight stays shall not extend beyond two 

weeks. In addition, foot-races and off-road ATV/motorcycle trail riding shall be allowed east 

of the 82 acre site for land shown within Exhibit 2 with the exception of land east of the 

powerline gap/easement within Section 32, Township 32, and Range 27. [PLG] 

3. No big-tire truck activities or events shall be allowed on any portion of the site. [PLG] 

4. All on-site activity shall be consistent with all Recreation conditions and requirements of 

LDC Chapter 303; however, landscape buffering shall be required as provided on the 

approved Level 3 conditional use site plan. [PLG] 

5. With the exception of the areas specified for development on the proposed site plan, none of 

the existing vegetation shall be cleared unless for approved public safety purposes (e.g. 

stabilized public safety access, fire breaks, prescribed burns, ecological habitat maintenance). 

[PLG] 

6. Vehicles that create engine noise levels above 96 decibels, as measured at the property lines, 

shall be prohibited from the 82 acre site. The remainder of the conditional use site outside of 

the 82 acres shall be limited to a sound level equivalent (or average) 65 decibels measured at 

the conditional use property line. [PLG] 

7. In no case shall any activity occurring at this site exceed 2,500 vehicles or 500 Recreational 

Vehicles (campers) cumulatively on any given day to this site. Advertisements, websites, and 

promotional material provided by the owner/operator of this facility shall clearly indicate this 

limitation to avoid overbooking of the facilities prior to event days. [PLG] 

8. The applicant shall monitor the traffic generated by this use and submit a traffic summary 

with the monthly average traffic generated by this use for review by the Polk County 

Transportation Planning Organization (TPO) and County Engineer by April 1st, 2013. If the 

impacts generated by this site exceed available capacity on road link numbers 5401, 5402, 

and 8072, the applicant shall submit mitigation strategies for approval by the Polk County 

TPO and County Engineer. [PLG] 

9. Vehicles that are not street legal shall be transported to and from the site via registered and 

street legal vehicles and trailers. [PLG] 

10. Access to and from the facility shall be through a restricted reinforced lockable gate operable 

from the applicant’s side of the gate, which shall only be open between 7 a.m. and 11 p.m. 

[PLG] 



11. Wetland impacts shall be avoided to the maximum extent possible. Signage or fencing shall 

be installed along the perimeter of all wetland areas within 50 feet of a trail. If signage is 

used, they shall be bright, contrasting colors (red, orange, yellow, etc.) placed every 100 feet 

around the perimeter of a jurisdictional wetland. [PLG] 

12. With the exception to camping activity, all activities shall be limited to daylight hours only. 

[PLG] 

13. Event lighting shall be directional and shielded so that that it does not radiate onto adjacent 

properties; shall be limited to the motor-cross tracks and the drag strips; and, shall be 

operational only when necessary between 7 a.m. and 11 p.m. [PLG] 

14. There shall be no permanent onsite food concessions or sales of vehicle fuel, parts, or 

service. Temporary food vending shall be permitted for weekend events. [PLG] 

15. The site shall be equipped with an approved emergency spill response kit. [PLG] 

16. The site shall be maintained to ensure it is clean and free of litter, debris, and refuse on a 

daily basis. [PLG] 

17. Recreational off-road vehicle usage shall only be permitted when either certified medical 

staff are present or when emergency extraction equipment and a first aid kit (sufficient to 

provide incident response until emergency service arrives) are available on-site. [PLG] 

GENERAL NOTES 

NOTE: Approval of this project shall not constitute a waiver or variance from any applicable 

development regulation unless specifically noted in the conditions of approval and consistent with 

LDC Section 930 D. 

NOTE: All written commitments made in the application and subsequent submissions of information 

made during the application review process, which are on file with the Land Development Division, 

shall be considered to be binding upon the applicant, provided such commitments are not at 

variance with the Comprehensive Plan, LDC or other development regulations in effect at the time 

of development. 




Northwest: 

A/RR 

Former citrus grove and improved 

pasture 

West: 

A/RR 

Improved pasture and wooded land 

Southwest: 

A/RR 

Improved pasture and wooded land 


North: 

A/RR 

Citrus, pasture, wooded land, and 

single-family homes on farm 


± 1,150 acres 

A/RR 

Existing off-road drag strips, mud 

pits, and race tracks; formerly citrus 

grove, sod farm, and wooded land 

South: 

A/RR 

Improved pasture, citrus grove, 

general farming 

Northeast: 

A/RR 

Improved pasture, single-family 

homes, religious institution, citrus 

grove, general farming 

East: 

A/RR 




Southeast: 

A/RR 




The 82 acre portion of the 1,182 total acre site is currently being used for the proposed use. To the 

north, south, and west, there are substantial distances between the existing/proposed use and the 

nearest residences (one mile or more); however, the closest homes on Bereah Road are 

approximately ½ mile from the proposed trail riding activity. 


A. Land Uses: 

The site is significantly buffered from residential properties in the surrounding area by distance and 

existing vegetation. This area of the County is characterized by heavily wooded areas and agriculture 

such as citrus groves, sod farms, improved pasture, hay fields. 


This is an area of the County in which very few urban services are available. Services are provided at 

minimum levels. In addition to a lack of water or wastewater services, response times from 

emergency services such as fire, EMS, and Sheriff are longer due to the remote location of this site. 

Zoned Elementary, Middle, and High School 

The proposed use will not contribute new students to the school system and is a significant distance 

(more than 10 miles) from existing schools. Due to the remote location of the proposed use and the 

separation between the proposed use and existing residential areas, conflicts with School Board 

facilities or bussing are not anticipated. 




Accidents that occur during off-road vehicle, motorcycle, and ATV recreational parks and the 

campground at this site will experience significant delays before emergency crews can respond to 

this remote location. Response times for emergency services are longer due to the remote location of 

this site. The Caloosa Fire Station also provides paramedic services, but is approximately 20 miles 

from the site. 



Sheriff 

SE District HQ - 4011 Sgt. Mary 

Campbell Way, Lake Wales 

29 miles 

Fire Caloosa 56 hour station (Babson Park) 20 miles 

EMS Frostproof 14 miles 



Because of the remote location, and the nature of the use, this facility will utilize an existing 

agricultural irrigation well onsite to provide ATV/motorcycle washing areas, while bottled water will 

be used for potable consumption. The applicant proposes to use self-contained portable restrooms 

and non-potable wash down stations for events. 


The Institute of Transportation Engineers (8 th Edition) provides traffic generation rates for dozens of 

land uses; however, it does not provide a traffic impact standards for the primary use at this site 

(ATV/Recreational Off-Road Vehicle usage). As a result, the applicant provided an estimation of 

traffic impacts generated by the proposed use to Land Development and TPO staff for the original 82 

acre approval back in 2011. The total trip count has not been expanded with this application. The 

application seeks to expand the acreage but not the total approved number of riders at the site. 

However, in order to make sure the use is consistent with the estimation, an evaluation of the 

ongoing activities and associated traffic impact remains part of the staff recommendation. 


The site contains wetland areas and the Charlie Creek watershed. As with any motor racing event, 

breakdowns, accidents, and their associated petroleum spills are possible. As a result, caution needs 

to be used when developing the site and spills must be cleaned immediately to avoid impacts to the 

adjacent wetlands and waterways. Land clearing should not occur until the water management 

district issues an Environmental Resource Permit (ERP). 




Charlie Creek runs through the property but trail riding through the creek is not proposed or 

anticipated. The main trail access to the new acreage from the existing 82 acre site is across a small 

bridge/cattle crossing. 


There are numerous wetlands and floodplains on the site according to the County GIS system. No 

structures are planned to be placed in them according to the site plan submitted. The applicant does 

not proposed any impacts to wetland areas. 

C. Wells (Public/Private): 

There is an agricultural well onsite (at the original 82 acre portion of the site) that is proposed to be 

used for rinsing off-road vehicles after leaving the recreation areas of the site. 

D. Airports: 

This property does not lie within the airport buffer zone of any major airports within Polk County; 

however, numerous airplanes flew over the site during the two site visits that staff conducted. 

E. Protected Species 

This site, and the surrounding immediate area (with the exception of the Charlie Creek watershed to 

the east), has been used for agriculture for decades. While this area of the County provides habitat for 

a tremendous amount of flora and fauna, the site is not within a one mile radius of a protected animal 

or plant species sightings according to the Florida Natural Areas Inventory. 


Demand for areas designated for off-road vehicle usage has increased over the past decade. This is a 

growing recreational industry, for which there is a need to provide designated and legally established 

and permitted areas for enthusiasts. The infrastructure demands and economic returns from this use 

are minimal. Patrons use the facilities during the day, and while some stay overnight at the 

campground, most purchases are likely associated with convenience items, such as food and gas (the 

nearest station is approximately 10 miles away), in preparation for their activities. However, the 

combination of this conditional use in the center of the County, River Ranch on the east side of the 

County, and other facilities such as the County facility in the western portion of the County each 

contribute to an increase in the number of off-road vehicle/motorcycle/ATV dealerships and sales 

within and surrounding Polk County. 


The level of service demand associated with the proposed use is consistent with the Rural 

Development Area (RDA) goals, objectives, and policies within the Comprehensive Plan. While the 

RDA does not provide services that will support dense development, recreational uses in areas that 

are located with appropriate roadway infrastructure are appropriate because they generally do not 

require constant service support. This use is ideal for the RDA and, because it provides a location for 



a growing recreational need, it is consistent with Section 3.501 of the Recreation and Open Space 

Element of the Comprehensive Plan. 

Comments/conditions from other County agencies: 

The comments and conditions of other agencies have been incorporated into the summary and 

analysis of this Development Review Committee recommendation. 

Exhibits: 

Exhibit 1 

Exhibit 2 

Exhibit 3 

Exhibit 4 

Location Map 



Site Plan 



Exhibit 1 

SITE 

LOCATION MAP 



Exhibit 2 




Exhibit 3 




Exhibit 4 

SITE PLAN 



POLK COUNTY 


STAFF REPORT 

DRC Date: October 4, 2012 LEVEL: Level 3 

PC Date: December 5, 2012 TYPE: Conditional Use 

BOCC Date: N/A CASE #: CU 11-05M 


56069 (Central Florida Paintball Modification) 

Request: The request is to amend the conditions of approval of CU 11-05, 

which approved an existing paintball sports complex. 

Applicant: 


John Smith 

Stephen H. Chin Living Trust; Betty YuYu Chin Living Trust; 

James Chit Chan and Ping Ya Trust 

Location: 9355 US Hwy 98 North, located on the east side of US Hwy 98 

North, approximately ½ mile north of Socrum Loop Road West 

(CR 35A), north of Lakeland, in Section 02, Township 27, and 

Range 23. 

Size: 




Case Planner: 

32.01± acres 

Agriculture/Residential-Rural “X” (A/RRX), 

Rural Special Protection Area (Rural SPA) of the Green Swamp 

Area of Critical State Concern 


The nearest municipality (the city of Lakeland) is approximately 

3.5 miles south of the subject site. 

Todd Vargo, AICP 


The subject property has six paintball fields and a woodsball area where patrons come to play 

paintball. The six fields are surrounded by paintball netting. There is also a small retail store to 

cater to the paintball business. This store sells paintball related items. The Land Development 

Code (LDC) considers the use of a paintball fields as a Recreation, High Intensity use. 

CU 11-05, which was approved by the Planning Commission on April 6, 2011 by a vote of 6/1, 

was a request to recognize the non-conforming use and allow for its expansion. CU 11-05 was 

appealed in accordance with Section 920.D of the Polk County LDC by neighboring property 

owners and was approved by the Board of County Commissioners on July 12, 2011 by a vote of 


Level 3/TAV 11/21/2012 9:52 AM CU 11-05M December 5, 2012

5/0. Level 2 plans were then submitted and approved by the Development Review Committee 

on January 6, 2012. 

The current request is to modify the Conditional Use approval granted by the Board of County 

Commissioners. Denial of CU 11-05M by the Planning Commission only denies the requested 

modifications to the Conditions of Approval; it does not invalidate the already approved 

Conditional Use. 

The applicant is requesting to make the following changes to the Conditions of Approval 

(language that has been struck through is proposed to be deleted; language that has been 

underlined is proposed to be added. See Exhibit 8 for a complete list of the existing Conditions 

of Approval as determined by the Board of County Commissioners on July 12, 2011): 


• The subject property is located at 9355 US Highway 98 North and is in an Agricultural/ 

Residential-Rural “X” Future Land Use district, which is within the Rural Special 

Protection Area (Rural SPA) of the Green Swamp Area of Critical State Concern. The 

property is also located in the Rural Development Area (RDA). 

• This property was once approved for Planned Unit Development (PUD) 83-21. PUD 83- 

21 received conceptual approval for a recreational vehicle (RV) park containing 171 RV 

spaces and office space; however, this approval has expired. 

• The property owner requested a zoning change (ZCR 87-77) on the front 4.84 acres from 

Rural Conservation (RC) to Regional Commercial (C-3). On August 25, 1987, the Board 

of County Commissioners approved the zoning change. 

• On February 28, 1991, the property owner was issued a building permit to construct a 

4,000 sq. ft. retail building on the portion of the site zoned C-3. 

• On April 19, 1991, the Polk County Comprehensive Plan was adopted by the Board of 

County Commissioners, and the subject site was designated as an A/RR (later designated 

as A/RRX) Future Land Use district, but retained C-3 zoning on the front 4.84 acres. On 

September 1, 2000, the Board of County Commissioners adopted the Polk County Land 

Development Code, which repealed Polk County’s Zoning Ordinance. As a result of this 

action, the C-3 zoning was removed from the front 4.84 acres, which left the entire site as 

A/RRX. 

• After its completion, the building was utilized as a retail/commercial use; however, in 

September of 1993, a change of occupancy was approved from retail to a bar/lounge for 

the Gibsonia/Kathleen (Post 8002) Veterans of Foreign Wars (VFW). 

• In March 1995, a driving range began operating on the subject site. A shed used in 

association with the driving range and the “tee” area were located within the portion of 

the site that was zoned C-3 (currently CEX); however, the balls were being hit into the 

portion of the site that was designated PUD 83-21 (currently A/RRX). An expansion of a 

non-conforming use should have been requested at that time. 



• Documentation provided by the applicant shows that three different driving ranges 

opened accounts with Lakeland Electric on the subject site from March 1995 to 

December 2003. On December 17, 2003, Central Florida Paintball opened an electric 

account on the subject site. In 2004, the VFW relocated to a newly constructed building 

across the street from the subject site. 

• The Level 3 Conditional Use (CU 11-05) to recognize the existing paintball facility was 

heard at the April 6, 2011 Planning Commission hearing. The Planning Commission 

approved CU 11-05 by a vote of 6/1. 

• CU 11-05 was appealed by neighboring property owners and was heard by the Board of 

County Commissioners on July 12, 2011. The Board of County Commissioners approved 

CU 11-05 by a vote of 5/0. 

• The Level 2 Review construction plans were approved by the Polk County Development 

Review Committee on January 6, 2012. 

• The site has frontage on US 98 North, a multi-modal two-lane undivided arterial 

roadway, with 32 feet of pavement width. US 98 North transitions to a four-lane divided 

roadway approximately 900 feet south of the site. Currently, link 5416N (US 98 North 

from Daughtery Road to Rockridge Road) has a Peak-hour/Peak-season level-of-service 

(LOS) of B while link 5416S has a Peak-hour/Peak-season LOS of C. 

• The subject site is located within the Rural Development Area (RDA); therefore, water 

and sewer are not available to the site. Currently, the existing structure/use utilizes a 2” 

well for potable water and a septic system for waste water. 

• Fire services are provided by Fire Station 120, which is 0.7 miles from the site, located at 

8936 US 98 North, and has an average response time of two (2) to three (3) minutes. 

Station 120 is staffed 24/7 with career firefighters, and operates an advanced life support 

fire engine, with at least one of the three crew members cross-trained as a paramedic. 

• Ambulance response is provided by the Station MD 11, which is located approximately 

four (4) miles from the site, and located at 5201 Cornell Street in Lakeland. Approximate 

travel time to the subject site is seven (7) minutes. 

• Law enforcement services are provided by the Polk County Sheriff’s Office Northwest 

District Command Center, which is approximately five (5) miles from the site, and 

located at 1045 Wedgewood Estates Blvd. in Lakeland. 

• The subject site has approximately 15.77 acres of uplands, and the remainder of the site 

contains wetlands and/or floodplain. The wetlands and floodplain are located in the 

southeast and eastern portion of the site. The existing use (which is not anticipated to 

change) will continue to be carried out on the upland portions of the site. 

• According to the Polk County Endangered Habitats Map, updated in 2006 (Animals, 

Rookeries & Communities) and 2011 (Plants), the site is not located within an identified 

one mile radius for protected plant and animal species. This data is derived from the 

Florida Natural Areas Inventory (FNAI) and the Florida Geographic Data Library. 



• The site is located within one mile of Gator Creek Reserve. Gator Creek Reserve is a 

2,708 acre environmental lands area that was purchased by Polk County with the 

assistance of a Florida Communities Trust grant. According to Polk County’s 

environmental lands staff, Gator Creek Reserve has about five miles of established trails 

(one of which is paved) that take visitors through shaded pine, cypress and oak forest. 

Wildlife that may be observed include: deer, turkey, fox, squirrels and gopher tortoises. 

No adverse impacts to plants, animals or other protected species are anticipated with the 

approval of a modification to the conditions of approval for Central Florida Paintball. 

• The applicant is requesting to modify the Conditions of Approval for CU 11-05 in the 

following manner (underlined text is proposed to be added, text with the strikeout feature 

is proposed to be deleted): 

1. This Conditional Use approval is for an existing ±4,000 square foot retail building (pro shop); 

six (6) paintball fields and a woodsball field; and associated storage structures. [PLG] 

2. The normal business hours of operation for the proposed use are as follows: 

Retail Shop: Daily, 9:00 a.m. to 5:00 p.m. 8:00 AM to 7:00 PM 

Paintball and Woodsball fields: 1 weekday, Saturday and Sunday, 9:00 a.m. to 5:00 p.m. 

Weekdays, Saturday and Sunday 8:00 AM to 8:00 PM 

3. The applicant may host up to eight (8) twelve (12) Special Events per calendar year. Such 

events shall not exceed three (3) consecutive days (Friday-Sunday), but will still be required to 

adhere to typical hours of operation as stated in Condition #2. [PLG] Three of the twelve 

special events noted above, CFP will be allowed to be open for up to 57 consecutive hours 

beginning Friday morning at 8:00AM and ending Sunday evening at 5:00 PM. 

4. At no time shall the applicant allow paintball activities to occur on those portions of the site 

designated as wetlands or floodplain. [PLG & CE] 

5. The applicant shall submit Level 2 plans within 90 days of this approval, and receive Level 2 

approval within 180 days of this approval. [PLG] 

6. No air horns or similar type devises shall be utilized in association with paintball activities 

conducted on site. [Added by Planning Commission] 

7. A Type B Buffer (as described by the Land Development Code) will be required along the 

northern and western property lines (as depicted on site plan) to provide a buffer for contiguous 

parcels and uses. [PLG] 

8. The applicant shall clearly mark the eastern boundary of the woodsball course (via ropes, 

stakes, or similar materials) to discourage activities from occurring within adjacent areas 

designated as wetlands and/or floodplains. [PLG] 

The applicant is asking for permission to have the paintball fields open every day from 8AM to 

8PM and to have the retail store open every day from 8AM to 7PM. Since this is classified as a 

High Intensity Recreation use, staff does not recommend the paintball facility being open seven 

days a week. Staff is recommending limiting the hours of operation to 7PM (or dusk, whichever 

comes first) for the paintball and woodsball fields. The paintball and woodsball fields would be 

open one weekday, Saturday and Sunday from 8AM to 7PM. 



Staff does not agree with allowing Central Florida Paintball to be open overnight. One of the 

arguments made during the original CU 11-05 hearing to allow the paintball field to continue 

operation and expand, was that the paintball field brought an economic benefit to Polk County; 

users of the facility stay in area hotels and eat at nearby restaurants (see Exhibit 8). In allowing 

the paintball field to be open overnight, the applicant wishes to have teams camp on the subject 

site. This would take money away from local businesses (hotels and restaurants), and create a 

greater likelihood of the neighboring property owners being bothered by noise, as sound travels 

farther at night. Also, campers could create a lot of noise in anticipation of a paintball event the 

next day or celebrating and unwinding after a day of playing paintball. 

The area used for woodsball games was originally shown on the binding site plan for CU 11-05 

as being 150 feet from the on-site wetlands. The Level 2 plans were accidentally approved with 

less than 50’ between the woodsball course and on-site wetlands. With this modification, the 

original 150 foot buffer should return. 

Staff has no issues with deleting the condition regarding level 2 plans; however, the applicant 

will have to comply with the new conditions as approved by the Planning Commission either 

immediately or within three months or the use will have to cease and desist until the conditions 

are met (see Condition of Approval #6). 

One of the applicant’s goals that can be seen on the site plan, but was not expressly mentioned in 

the proposed Conditions of Approval was to be able to relocate the paintball fields and the 

parking areas. Because the grass on the paintball fields gets worn down from use, the applicant 

wants the ability to move, or rotate, the location of the paintball fields throughout the site. Staff 

has no problem with this request as long as that portion of the site along the northern property 

line which is adjacent to the area where neighboring property owners ride their horses is not used 

for parking or paintball fields. This area should remain vegetated and free of debris of any kind 

– trash, used paintballs, etc. This area should also remain free of vehicular parking. 

After speaking with the neighboring property owners, staff believes an eight foot (8’) opaque 

fence would be the best solution to mitigate the incompatibilities (noise, trash, and the impact of 

vehicle parking areas) between the horse riding area and the competitive paintball fields. Staff 

performed a site visit on Sunday, October 14, 2012 as teams were using the Central Florida 

Paintball fields to train for the world championships that were held at Fantasy of Flight. While 

most participants made efforts to break down and stack cardboard boxes, keeping trash in 

centralized locations in the parking lots, staff did note that some trash escaped those piles and 

made its way to neighboring properties. Another staff member did an impromptu site visit on a 

Monday after a weekend of playing paintball and noted at that time that much of the trash had 

not yet been cleaned up. Staff believes the requirement of the fencing will aid in keeping trash 

from polluting neighboring properties. 


The Development Review Committee, based on the staff report finds that the proposed request as 

conditioned below is consistent with the surrounding land uses and general character of the area; 

is consistent with the Polk County Land Development Code and is consistent with the Polk 

County Comprehensive Plan. 



Development Review Committee Recommendation: Based upon the findings of fact, the 

information provided by the applicant, and a recent site visit, the Development Review 

Committee recommends APPROVAL of CU 11-05M with conditions. 


Based upon the findings of fact the Development Review Committee recommends APPROVAL of 

CU 11-05M with the following conditions: 

1. This Conditional Use approval is for an existing ±4,000 square foot retail building (pro 

shop); six (6) paintball fields and a woodsball field; and associated storage structures. 

[PLG] 

2. The normal business hours of operation for paintball and woodsball fields are 9:00 AM to 

7:00 PM (or dusk, whichever comes first). The paintball and woodsball fields may be 

open for one weekday and the weekend. 

3. No air horns or similar type devices shall be utilized in association with paintball 

activities conducted on site. [PLG] 

4. An eight foot (8’) opaque fence shall be installed and maintained along the northern and 

western property lines. The fence along the northern property line shall begin at the 

northwestern corner of the property and continue to the eastern edge of the woodsball 

course. The fence along the western property line shall begin at the southern end of the 

existing wooden fence and continue southward to a point even with the northern corner of 

the retail store. In the event either fence is removed, for whatever reason, the fence shall 

be replaced. [PLG] 



designated as wetlands and/or floodplains. The eastern boundary of the woodsball course 

shall be at least 150 feet westward from the edge of the wetlands as depicted on the original 

site plan for CU 11-05. [PLG] 

6. The applicant shall comply with the new conditions of approval immediately. However, 

the 8’ opaque fence shall be in place no later than 5:00 PM on March 5, 2013 or the use 

shall cease and desist until staff determines the conditions of approval have been met. 

Also, use of the woodsball course shall cease and desist until the marking of the eastern 

boundary of the woodsball course is complete. [PLG] 

7. At no time shall the applicant allow paintball activities to occur on those portions of the 

site designated as wetlands or floodplain. [PLG & CE] 

8. Designated parking areas and the paintball fields may be relocated within the site; however, 

neither paintball fields nor vehicle parking will be permitted within 40 feet of the northern 

property line. [PLG] 



9. The applicant may host up to twelve (12) Tournament Events per calendar year. Such 

events shall not exceed three (3) consecutive days, but will still be required to adhere to 

typical hours of operation as stated in Condition #2. [PLG] 

GENERAL NOTES 


development regulation unless specifically noted in the conditions of approval and consistent 

with LDC Section 930 D. 

NOTE: All written commitments made in the application and subsequent submissions of 

information made during the application review process, which are on file with the Land 

Development Division, shall be considered to be binding upon the applicant, provided such 

commitments are not a variance with the Comprehensive Plan, LDC or other development 

regulations in effect at the time of development. 


Northwest: 

RL-1 & A/RRX; 

Tree farm/horse riding area 

West: 

RL-2 & RL-4; 

Communication tower and Single 

family dwelling 

Southwest: 

RL-1; 

VFW building & 

Single-family dwellings 


North: 

A/RRX and ROSX; Rural Special 

Protection Area; 

Tree farm/horse riding area 


A/RRX; Rural Special Protection 

Area; 

Existing pro shop and paintball 

fields; 32.01± acres 

South: 

RL-1 & RL-4; 

Single-family dwellings 

Northeast: 


Area; 

Tree farm/horse riding area/ 

Floodplain & Wetlands 

East: 


Area; 

Undeveloped/ Floodplain & 

Wetlands 

Southeast: 


Area; 

Undeveloped/ Floodplain & 

Wetlands 


A. Land Uses: 

The subject site is currently designated as an Agriculture/Rural-Residential “X” (A/RRX) Future 

Land Use district within the Rural Development Area (RDA), and it is located within the Rural 

Special Protection Area of the Green Swamp Area of the Critical State Concern. Adjacent 

Future Land Use districts to the northeast, east, and southeast are A/RRX; to the north are 

A/RRX and Recreation and Open Space “X” (ROSX); and the northwest, west, and southwest 

are Residential Low-1 (RL-1), RL-2, and RL-4. Existing uses in the area include an existing 

tree farm to the northwest, north and northeast which is also used by neighboring property 

owners to ride horses; wetlands and floodplains to the east and southeast; a communication tower 

and single-family residence to the west; the Veterans of Foreign Wars (VFW) Post 8002 building 

and single family residences to the south/southwest (across US 98). 




The subject site is located in the Rural Development Area (RDA), which consists of all 

unincorporated areas of the County that are not located within the Transit Supportive 

Development Area, Urban Growth Area, or Utility-Enclave Area. These areas are characterized 

by their large open areas, agricultural uses, and rural centers. These areas of the County are not 

served by central water and wastewater, and other public services (such as fire, EMS, etc.) are 

located greater distances from these areas, which results in greater response times. 

Nearest Elementary, Middle, and High School 

The proposed request, a modification to the Conditions of Approval for the existing paintball 

facility, will not result in additional impacts to Polk County schools in this area. 



Northwest District Headquarters 

Sheriff 

1045 Wedgewood Estates 

Lakeland 

Fire Station # 120 (Providence) 

Fire 

8955 US 98 North 

Lakeland 

EMS Station MD 11/12 (Lakeland-N) 

EMS 

5201 Cornell Street 

Lakeland 


Approximate Distance From Subject Site 

5 ± miles 

0.7 ± miles 

4 ± miles 

Response times vary for the aforementioned services depending on the nature of the call and on 

the location of these services. However, the three above mentioned public safety entities 

(sheriff, fire and EMS) are members of the Development Review Committee (DRC) and have 

reviewed and approved the proposed request. While the subject site is located in the RDA, it is 

located less than one mile from the Urban Growth Area and has access on a major thoroughfare 

such as US 98, which results in services being located in relatively close proximity to the subject 

site, especially in comparison to other sites located within the RDA. 


A. Service Provider: 

Since the subject site is located within the RDA, centralized water and wastewater are not 

planned for this area. The site utilizes an existing two inch (2”) well for potable water and the 

existing septic system is a 1,050 gallon tank with 500 square feet of drain field in an absorption 

bed elevated 12 inches above ground level. No changes are proposed with this modification. 


According to the Polk County Concurrency Manual, the existing Future Land Use would allow 

maximum of three (3) single-family residences resulting in the following impacts: 1,080 GPD of 

potable water and 810 GPD of wastewater; and the proposed use – a 4,000 square foot retail 

building with non-irrigated fields (which already exists) – results in 960 GPD of potable water 



and 720 GPD of wastewater. Therefore, the existing use and the requested modification results 

in less potable water and wastewater consumption than if the property were developed with 

residential uses. 

Proposed Site 

32.01 ± acres 

(A/RRX) 

Permitted Density/ 

Maximum number of 

Lots 

Potable Water 

Consumption 

Wastewater Generation 



(Existing Land Use 

Designation) 

32.01 acres A/RRX; 

(1 du/ 10 ac= 3 du) 

1,080 GPD 

810 GPD 


(Maximum Density / 

Usage) 

4,000 sq. ft. retail 

building and nonirrigated 

fields &3 du 

1,080 GPD + 960 GPD 

= 2,040 GPD 

810 GPD + 720 GPD 

= 1,530 GPD 

(Proposed Site Plan) 



fields 

960 GPD 

720 GPD 

There are no planned improvements at this time. The existing well and septic systems are 

working adequately and were permitted when the 4,000 square foot structure was developed on 

site. Any future changes to the well or septic system will be reviewed by the Southwest Florida 

Water Management District (SWFWMD) or the Florida Department of Health respectively. 


The subject site has frontage on US 98 North, a multi-modal two-lane undivided arterial 

roadway, with 32 feet of pavement width. US 98 North transitions to a four-lane divided 

roadway approximately 900 feet south of the site. Currently, both links of US 98 North impacted 

by the existing use (5416N & 5416S) have an adopted level-of-serve (LOS) of D and the 

northbound link is operating at an LOS of B while the southbound link is operating at an LOS of 

C. The existing use of paintball fields has been taking place on the site for several years. Prior 

to Central Florida Paintball occupying the site, the VFW occupied the 4,000 square foot building 

and several different driving ranges utilized the area behind the building. The proposed 

modification to the Conditional Use approving the paintball fields is not anticipated to result in 

additional traffic along these two segments of US 98 North. In the event additional trips are 

generated due to a special event or tournament, there is ample capacity to support those 

temporary additional trips. 

Link 

# 

Direction 

Road Name & Link Description 

Current 

LOS 

Available 

Capacity 

* 

Minimum 

LOS 

Standard 

5416 North US 98 (Daughtery Road W. to Rock Ridge Rd.) B 476 D 

5416 South US 98 (Daughtery Road W. to Rock Ridge Rd.) C 149 D 

Source: Polk County Roadway Network Database (June 6, 2012) * PM/Peak Hour Capacity 



B. Roadway Conditions: 

Since US 98 North is maintained by the Florida Department of Transportation (FDOT), a 

pavement condition index (PCI) rating is not available; however, a site visit in October of 2012 

confirmed that the roadway is in good condition, has adequate pavement width and should not be 

adversely impacted by approval of this modification to an existing conditional use. 

Proposed Site 

32.01 ± acres 

(ARRX) 


Maximum number of 

Lots 


Trips (AADT) 

Estimated Impact Analysis (Residential / Commercial) 


Designation) 


usage) 


32.01 acres A/RRX; 

(1 du/ 10 ac= 3 du) 



fields & 3 du 



fields 

2 346 + 24 = 370 346 

4 15 + 4 = 19 15 

PM Peak Hour Trips 

Source: Institute of Transportation Engineers (ITE)- 8 th Edition 


There are no planned improvements for this segment of US 98 North at this time. 


A. Surface Water/ Drainage: 

There are no surface water bodies on or near the site, and the site naturally drains from the north 

and west portion of the site to the south and east portion of the site. The highest elevation on site 

is 136 feet (near the center of the site) and the lowest is 125 feet. 


Approximately fifty percent (50%) of the site is uplands, and the remainder of the site contains 

wetlands and/or floodplain. The wetlands and floodplain are located in the southwest and 

eastern portion of the site. The paintball fields are all located on the upland portions of the site, 

and a Level 2 site plan showed the woodsball fields as being approximately 150’ from the 

floodplain and wetlands located on site. During the original hearing for CU 11-05, the applicant 

indicated that no activities will be carried out on the floodplain and/or wetland portions of the 

site. In regards to paintball being played in an Area of Critical State Concern, the applicant 

provided information during the original CU 11-05 review concerning the chemical make up of 

the paintballs utilized in the proposed use. According to the applicant, the paintballs used on site 

are environmentally safe. The information provided by the applicant indicates that the “paint” 

used in capsules is not really paint, but rather a starch mixture colored with food coloring that is 

non-toxic to participants and the environment. 



C. Wells (Public/Private) 

The applicant has indicated that a 2 inch private well provides potable water to the site. The 

applicant will be required to adhere to all applicable SWFWMD regulations concerning the 

usage of this well. 

D. Airports: 

The site is not located within an Airport Buffer Zone. 

E. Soils: 

Soil Name 

Small Commercial 

Buildings/ 

Development 

Limitations 

Septic Tank 

Limitations 

Approximate 

Percentage of Site 

Tavares fine sand/ 0 to 5 percent Slight Moderate: wetness. 35% 

Samsula muck 

Severe: ponding. low Severe: ponding, poor 

strength. 

filter. 

40% 

Pomona fine sand 

Severe: wetness. 

Severe: wetness, percs 

slowly. 

15% 

Sparr Sand/ 0 to 5 percent Moderate: wetness. Moderate: wetness. 10% 

Source: Soil Survey of Polk County, Florida 

There are four soil types found on the subject site: Tavares fine sand/ 0 to 5 percent, Samsula 

muck, and Pomona fine sand, and Sparr sand/ 0 to 5 percent. Tavares, Sparr, and Pomona sands 

are found mainly on the upland portions of the site, while Samsula muck is found on those 

portions of the site that are located within the floodplain and contain forested wetlands. The 

existing structure is located on the portion of the site comprised of Sparr sand. As shown in the 

table above, the soils associated with the developable/upland portions of the site have slight to 

moderate limitations concerning development and the soil type present on the portions of the site 

that are floodplain and/or wetlands are severe. The limitations concerning septic tanks on the 

subject site range from moderate to severe; however, the subject site is already developed with a 

septic tank and the conditional use modification does not propose additional development of the 

site. 

F. Protected Species: 

The site is located within one mile of Gator Creek Reserve. Gator Creek Reserve is a 2,708 acre 

environmental lands area that was purchased by Polk County with the assistance of a Florida 

Communities Trust grant. According to Polk County’s environmental lands staff, Gator Creek 

Reserve has about five miles of established trails (one of which is paved) that take visitors 

through shaded pine, cypress and oak forest. Wildlife that may be observed at the reserve 

include: deer, turkey, fox, squirrels and gopher tortoises. No adverse impacts to plants, animals 

or other protected species are anticipated with the approval of a modification to the conditions of 

approval for Central Florida Paintball. 




Allowing the modification to the conditional use will provide residents of Polk County and 

neighboring counties opportunity to actively participate in the sport of paintball. While this 

particular use is operated by a private business, there are health benefits associated with physical 

activities such as paintball. 

This site is nowhere near any County park facilities; however, it is within 300’ of the boundary 

of the Gator Creek preserve. 


See Exhibit 6- Economic Analysis conducted by Ryan Pickles with the Polk County Tourism and 

Sports Marketing. This Economic analysis was submitted for the original CU 11-05 hearing in 

2011. 


The request is consistent with Policy 2.102-A1 thru A15 (Growth Management policies); Policy 

2.108-A1 thru A-5 (Rural Development Areas policies); Policy 2.307-A1 thru A5 (Floodplains); 

and Policy 2.308-A1 thru A6 (Wetlands). 


None 

Exhibits: 

Exhibit 1 Location Map 

Exhibit 2 Aerial Photograph 

Exhibit 3 Future Land Use Map 

Exhibit 4 Wetland/Floodplain Map 

Exhibit 5 Site Plan 

Exhibit 6 Original CU 11-05 Site Plan 

Exhibit 7 Economic Analysis 

Exhibit 8 Conditions as Approved by the Board of County Commissioners 

Exhibit 9 Proposed Conditions of Approval from the Applicant of CU 11-05M 

Exhibit 10 Conditions of Approval Recommended by Staff 

Exhibit 11 Noise Study Prepared by Applicant for July 12, 2011 De Novo Hearing (5 pages) 



Exhibit 1 

LOCATION MAP 



Exhibit 2 




Exhibit 3 

RSX 

A/RRX 

A/RRX 

CEX 

RL-4 

A/RRX 

RL-2 




Exhibit 4 

360’ 

WETLAND/FLOODPLAIN MAP 



Exhibit 6 

ORIGINAL CU 11-05 SITE PLAN 



Exhibit 7 

Central Florida Paintball 

Since 2006, Central Florida Paintball has been an essential partner in Polk County Tourism and 

Sports Marketing’s (PCTSM) efforts to expand our event portfolio to include the sport of 

paintball. The efforts of Central Florida Paintball owner John Smith helped PCTSM to begin 

hosting Paintball events starting in 2007. Those grassroots efforts eventually helped lead into 

not only expanding the series of paintball events hosted at the Central Florida Paintball facility in 

North Lakeland, but also helped establish a relationship with two national-level paintball 

organizations who now host their two premier championship events in Polk County annually. 

Staff first met with Central Florida Paintball owner John Smith back in 2007 to discuss the 

possibilities of hosting some multiple day events out at the Central Florida Paintball facility in 

North Lakeland. In partnership with PCTSM, Central Florida Paintball created the Southern 

Paintball Championship Series, now known as the Central Florida Paintball Event Series. The 

series consists of six separate events that take place on six different weekends over the course of 

the year. The events are all two-day tournaments that draw on average between 30 and 45 

paintball teams from across the state of Florida to compete. Since 2008, the Central Florida 

Paintball Event Series generates over $500,000 in economic impact to Polk County annually. 

On top of their own series, Central Florida Paintball and John Smith has been an important 

partner in recruiting two prestigious paintball events to Polk County. The National Collegiate 

Paintball Association (NCPA) has hosted their NCPA Collegiate Paintball National 

Championships at the Central Florida Paintball Facility in Lakeland each April since 2008. The 

event generates over $600,000 in economic impact to Polk County each year, and also includes 

television coverage on the Fox Collegiate Sports Network. The television coverage includes 

highlights from the event at the facility, as well as exposure for Lakeland and Polk County as a 

premier paintball and sports destination. Fox Sports Network airs the taped one-hour program 

on their family of networks over 50 times from June through September each year. PCTSM just 

recently negotiated to keep the event at Central Florida Paintball in April 2011, after Loudon 

County in Virginia put together and offered a bid package in an attempt to bring the event to 

their area. 

(Continued on next page) 

ECONOMIC ANALYSIS 



Paintball Sports Promotions (PSP) formerly hosted their World Cup at Disney’s Wide World of 

Sports for over six years up until 2008. PSP is the premier professional tournament paintball 

league in the world and the World Cup is their largest and premier event. The World Cup is a 

five-day event that consists of tournament competition and a massive trade show, which draws 

over 5,000 participants and spectators from across the world. Through their contacts and 

relationships with PSP staff, Central Florida Paintball assisted PCTSM staff in early 2009 by 

passing along a lead that PSP was potentially looking for a new venue for the World Cup each 

October. Over the summer of 2009, PCTSM and Central Florida Paintball hosted PSP staff on 

multiple site visits that culminated with PSP agreeing to bring their 2009 World Cup to Fantasy 

of Flight. PCTSM has since negotiated with PSP to host the World Cup at Fantasy of Flight in 

Polk County through 2012. The event generates over $3.5 million in economic impact each year. 

In summary, Central Florida Paintball has been an important local partner to PCTSM in creating 

and bringing paintball events in Polk County. After creating marketing plans in 2006 and 2007 

that included a focus on diversifying our sports event portfolio, paintball became a targeted 

market for PCTSM staff. After researching and identifying Central Florida Paintball’s facility in 

North Lakeland as one of the premier paintball facilities in the country, PCTSM has fortified a 

partnership with Central Florida Paintball that has helped us be very successful in the paintball 

event market. Now PCTSM hosts eight paintball events each year, with the potential for even 

more growth in the market with the new Action Paintball Facility in Winter Haven. The 

presence of a top-notch paintball facility in Central Florida Paintball in Lakeland, along with the 

combined efforts to recruit and host the Central Florida Paintball Series and NCPA National 

Championships there, and the PSP World Cup at Fantasy of Flight, has helped Polk County to 

achieve its goal of becoming one of the premier paintball event destinations in the United States. 

ECONOMIC ANALYSIS (CONT.) 



Exhibit 8 


six (6) paintball fields and a woodsball field; and associated storage structures. [PLG] 


Retail Shop: Daily, 9:00 a.m. to 5:00 p.m. 

Paintball and Woodsball fields: 1 weekday, Saturday and Sunday, 9:00 a.m. to 5:00 p.m. 

3. The applicant may host up to eight (8) Special Events per calendar year. Such events shall not 

exceed three (3) consecutive days (Friday-Sunday), but will still be required to adhere to typical 

hours of operation as stated in Condition #2. [PLG] 


designated as wetlands or floodplain. [PLG & CE] 

5. The applicant shall submit Level 2 plans within 90 days of this approval, and receive Level 2 

approval within 180 days of this approval. [PLG] 


conducted on site. [Added by Planning Commission] 

7. A Type B Buffer (as described by the Land Development Code) will be required along the 

northern and western property lines (as depicted on site plan) to provide a buffer for contiguous 

parcels and uses. [PLG] 



designated as wetlands and/or floodplains. [PLG] 

CONDITIONS AS APPROVED BY THE 

BOARD OF COUNTY COMMISSIONERS 



Exhibit 9 


six (6) paintball fields and a woodsball field; and associated storage structures. 


Retail Shop: Daily, 8:00 AM to 7:00 PM 

Paintball and Woodsball fields: Weekdays, Saturday and Sunday 8:00 AM to 8:00 PM 

3. The applicant may host up to twelve (12) Special Events per calendar year. Such events will 

still be required to adhere to typical hours of operation as stated in Condition #2. Three of the 

twelve special events noted above, CFP will be allowed to be open for up to 57 consecutive 

hours beginning Friday morning at 8:00AM and ending Sunday evening at 5:00 PM. 


designated as wetlands or floodplain. 


conducted on site. 



designated as wetlands and/or floodplains. 

PROPOSED CONDITIONS OF APPROVAL 

FROM THE APPLICANT OF CU 11-05M 



Exhibit 9 

1. This Conditional Use approval is for an existing ±4,000 square foot retail building (pro 

shop); six (6) paintball fields and a woodsball field; and associated storage structures. 

[PLG] 

2. The normal business hours of operation for paintball and woodsball fields are 9:00 AM to 

7:00 PM (or dusk, whichever comes first). The paintball and woodsball fields may be 

open for one weekday and the weekend. 

3. No air horns or similar type devices shall be utilized in association with paintball 

activities conducted on site. [PLG] 

4. An eight foot (8’) opaque fence shall be installed and maintained along the northern and 

western property lines. The fence along the northern property line shall begin at the 

northwestern corner of the property and continue to the eastern edge of the woodsball 

course. The fence along the western property line shall begin at the southern end of the 

existing wooden fence and continue southward to a point even with the northern corner of 

the retail store. In the event either fence is removed, for whatever reason, the fence shall 

be replaced. [PLG] 



designated as wetlands and/or floodplains. The eastern boundary of the woodsball course 

shall be at least 150 feet westward from the edge of the wetlands as depicted on the original 

site plan for CU 11-05. [PLG] 

6. The applicant shall comply with the new conditions of approval immediately. However, 

the 8’ opaque fence shall be in place no later than 5:00 PM on March 5, 2013 or the use 

shall cease and desist until staff determines the conditions of approval have been met. 

Also, use of the woodsball course shall cease and desist until the marking of the eastern 

boundary of the woodsball course is complete. [PLG] 

7. At no time shall the applicant allow paintball activities to occur on those portions of the 

site designated as wetlands or floodplain. [PLG & CE] 

8. Designated parking areas and the paintball fields may be relocated within the site; however, 

neither paintball fields nor vehicle parking will be permitted within 40 feet of the northern 

property line. [PLG] 

9. The applicant may host up to twelve (12) Tournament Events per calendar year. Such 

events shall not exceed three (3) consecutive days, but will still be required to adhere to 

typical hours of operation as stated in Condition #2. [PLG] 


RECOMMENDED BY STAFF 



POLK COUNTY 


STAFF REPORT 

DRC Date October 4, 2012 LEVEL: 3 

PC Date: December 5, 2012 TYPE: Conditional Use (CU) 

BOCC Date (s): N/A CASE #: CU 12-19 


Request: 

Applicant: 


Location: 

Size: 




Case Planner: 

56063 (New Destiny Church) 

The request is to recognize an existing church and allow for its 

expansion of an additional 3,904 square feet. 

ECON South, LLC. 

Peninsular Florida District Council 

West of U.S. Highway 17/92, north of Ronald Reagan Parkway, east 

of Old Kissimmee Road and south of Parker Road, in Section 12, 

Township 26, and Range 27. 

2.35± acres 

Residential Medium-X (RMX) and Ronald Reagan Parkway Selected 

Area Plan (SAP) 


The city limits of Davenport are more than 5 miles south of the site. 

Brigitte D’Orval 


This request is for conditional use approval of a 6,966 square foot religious institution complex. The 

subject site is approximately 2.35 acres in size and is within the Residential Medium-X (RMX) 

Future Land Use district. Religious institutions may be permitted in the RMX land use district with 

Level 3 conditional use approval (approval by the Planning Commission), in accordance with Table 

2.1 and Section 303 of the Land Development Code (LDC). 

The proposed religious institution complex will access U.S. Highway 17/92 which is classified as a 

Principal Arterial in the 2012 Polk County Roadway Database. U.S. Highway 17/92 has sufficient 

trips available on the road network, and is operating within its adopted level of service. In 

accordance with Section 303 of the LDC, all parking is located more than 25 feet from adjacent 

residential land uses. 


Level 3/BGD 11/20/2012 2:27 PM CU 12-19 December 5, 2012

The applicant is currently utilizing an onsite well. The site also contains its own septic system. 

However, the property is within the Polk County utility service area and may be required to connect 

to the Northeast Regional County Utilities for potable water and wastewater service. It is neither 

likely this development will cause a major burden to law enforcement or EMS services nor should it 

negatively impact the school or park systems. 



1. The request is to recognize an existing church and allow for its expansion of approximately 

3,904 square feet for a total of 6,966 square feet. 

2. The property is 2.35 acres and located in the Residential Medium “X” (RMX) future land use 

district within the Ronald Reagan Selected Area Plan (SAP). A religious institution is a 

Level 3 Conditional Use in this land use district and may be allowed with approval of the 

Planning Commission. 

3. The site has frontage on U.S. Highway 17/92. U.S. Highway 17/92 (link #5021) is a 

principal arterial. According to the Polk County Transportation Planning Organization, 

U.S. Highway 17/92 has sufficient trips available for the proposed expansion. U.S. Highway 

17/92 currently has a peak hour/peak season Level of Service of “D” and an adopted peak 

hour Level of Service of “D”. 

4. The site is currently utilizing a well and septic system for potable water and wastewater. 

5. The proposed expansion of the existing religious institution will have capacity for 

approximately 228 seats. According to the Polk County Concurrency Manual, a 228 seat 

church will produce an average demand of 1,140 gallons per day of potable water. 

Wastewater generation is expected to be approximately 855 gallons per day. 

6. The site is not within a one mile radius of endangered plant and animal habitats, according 

to the Florida Natural Areas Inventory of 2012. 

7. The subject site has a small wetland area on the eastern most portion of the site which will 

not be impacted by any development. 

8. The soils are classified as predominately Tavares Fine Sand/0 to 5 percent slopes which have 

moderate limitations on small commercial buildings. 

9. The nearest Fire Station is the Davenport Fire Station #230, located at 510 Ronald Reagan 

Parkway. The nearest EMS Station is the Davenport EMS Station #220, located at 126 

Cottonwood Drive. The fire station is approximately 0.8 miles from the site and the EMS 

station is approximately 9 miles from the subject site. The Polk County Sheriff’s Office, 

located at 6312 Old Kissimmee Road in Loughman is approximately 0.5 miles west of the 

subject site. 



The Development Review Committee, based on the staff report finds that the proposed request as 

conditioned is consistent with the surrounding land uses and general character of the area; is 

consistent with the Polk County Land Development Code and is consistent with the Polk County 

Comprehensive Plan. 

Development Review Committee Recommendation: Based upon the findings of fact, the information 

provided by the applicant, and a recent site visit, the Development Review Committee recommends 

APPROVAL of CU 12-19 with conditions. 

CONDITIONS OF APPROVAL: 

1. This conditional use is approved for a religious institution which will be approximately 6,966 

square feet. [PLG] 

2. All proposed parking shall be setback a minimum of 25 feet from all surrounding residential 

land uses. [PLG] 

3. Prior to Level 2 Review approval, the applicant shall provide certification from a registered 

professional engineer that adequate water pressure and capacity exist to maintain fire flow as 

determined by the Polk County Fire Marshal. [FM] 

GENERAL NOTES 


development regulation unless specifically noted in the conditions of approval and consistent with 

LDC Section 930 D. 


made during the application review process, which are on file with the Land Development Division, 

shall be considered to be binding upon the applicant, provided such commitments are not at 

variance with the Comprehensive Plan, LDC or other development regulations in effect at the time 

of development. 


Northwest: 

RMX; 

Residential homes 

West: 

RMX; 


Southwest: 

CACX; 

Undeveloped 


North: 

RMX; 



RMX; 

Church 

South: 

CACX; 

Undeveloped 

Northeast: 

RMX; 


East: 

RMX; 


Southeast: 

CACX; 





A. Land Uses: 

The proposed expansion of the existing church will seat approximately 228 parishioners on 

approximately 2.35 acres within the RMX future land use district. The site is primarily surrounded 

by residential homes. To the north, south, east and west is a combination of vacant parcels and 

scattered residential development throughout the area. 


The proposed development is located in the Transit Supportive Development Area (TSDA). The 

applicant currently has a well for potable water and a septic tank for wastewater service. U.S. 

Highway 17/92 is currently operating within its adopted Level of Service. It is neither likely this 

development will cause a major burden to law enforcement or EMS services nor should it negatively 

impact the school or park systems. 


This request is for a religious institution; therefore no additional students will be generated by this 

development. The proposed religious institution should not conflict with nearby schools or bus 

routes. 




Sheriff 

Polk County Sheriff’s Office 

0.5 miles 

6312 Old Kissimmee Road, Loughman 

Fire Davenport Fire Station #230 (24/7) 0.8 miles 

EMS Davenport EMS Station #220 (24/7) 9 miles 

Source: Polk County Sheriff’s Office and Davenport Fire & EMS Division. 

Response times vary for the aforementioned services depending on the nature of the call and on the 

location of these services. The church has been at this location since the 1977. The additional 

structures to the overall religious complex should not contribute to an overall increase of demand on 

services. 


A. Service Provider: 

The proposed development is located in the Transit Supportive Development Area (TSDA). The 

applicant is currently using a well for potable water and septic for wastewater service. 


According to average daily water consumption and wastewater generation rates contained in the 

Polk County concurrency manual, this project will consume approximately 1,140 GPD of potable 

water and will generate 855 GPD of wastewater. 



Proposed Site – 2.35 

acres 

(RMX) 


Maximum number of Lots 


Designation) 

1 single-family 

dwelling unit 



Usage) 


dwelling units by 

achieving the maximum 

density for a Planned 

Development 


religious institution 

approximately 

(228 seats) 

Potable Water 

Consumption 

360 GPD 5,400 GPD 1,140 GPD 

Wastewater Generation 270 GPD 4,050 GPD 855 GPD 



It is not anticipated that this development will require system improvements beyond the normal line 

extensions. 


The applicant has driveway access onto U.S. Highway 17/92, which is classified as a Principal 

Arterial roadway. 

A. Capacity: 

The Polk County Concurrency Manual estimates that the proposed use will generate 64 average 

daily trips and 4 PM peak-hour trips, based on Institute of Traffic Engineers (ITE) rates. As is 

indicated in the table below, U.S. Highway 17/92 is currently operating within the adopted level of 

service, based on the 2012 Roadway Network Database. 

Link # Direction Road Name Current 

LOS 

5021 North U.S. 17/92 from County Road 547 to 

Osceola County Line 

5021 South U.S. 17/92 from County Road 547 to 

Osceola County Line 

* PM/Peak Hour Capacity 

Source: 2012 Polk County Road Network Database 

B. Roadway Conditions: 

Available 

Capacity* 

Minimum 

LOS 

Standard 

D 737 D 

D 774 D 

U.S. Highway 17/92 is a two-lane principal arterial with approximately 20 feet of pavement width 

on the portion that abuts the subject site. 



Proposed Site – 2.35 

acres 

(RMX) 


Maximum number of Lots 

Estimated Impact Analysis (Residential / Commercial) 


Designation) 


usage) 



dwelling unit 


dwelling units by 

achieving the 

maximum density for a 

Planned Development 

religious institution 

seating for 

approximately 228 

individuals 


9 135 64 

Trips (AADT) 

PM Peak Hour Trips 1 15 4 

Source: Polk County Concurrency Manual and Institute of Traffic Engineers (ITE) 



The nearest water body is Lake Locke approximately ½ mile to the southwest. There are no existing 

water bodies on the site or flood plains on the subject site. There is a small wetland on the eastern 

most portion of the subject site which will not be impacted as part of this expansion; therefore, it 

does not appear that this facility will pose any adverse impacts to any water bodies. 


There are no floodplains on the subject site. There is a small wetland on the eastern property 

boundary which will not be impacted as a result of this development. 


According to the applicant, there is a potable well on the site. 

D. Archeological Resources: 

According to the State Office of Historic Preservation, this site is not located on or near any known 

archeological resources. 

E. Airports: 

The subject site is not within an airport buffer zone. 

F. Soils: 

Soil Name 

Small 

Commercial 

Buildings 

Septic Tank 

Limitations 

Tavares Fine Sand/0 to 5 percent slopes Moderate: wetness Severe: wetness, poor 

filter 

Approximate 


100% 



All impacts to the site will be on the upland portion of the site. The limitation on small commercial 

buildings is due to wetness. The soils on this property are not the best for small commercial 

buildings. Significant amendments and structural supports will be necessary to construct on most of 

this site. 

G. Protected Species: 

According to the Florida Natural Areas Inventory (FNAI) Endangered/Threatened Habitat Resource 

Protection Map of 2012, the subject property is not located within any one-mile buffer areas for 

endangered or threatened plant and animal species. 


This request is for a non-residential conditional use; therefore estimating impacts to the nearest 

recreation facility is not relevant. The construction of the religious institution complex will not 

adversely impact any existing park facilities. 


While the construction of the church will provide short-term benefit to Polk County’s construction 

industry, in general, religious institutions meet the criteria for having 501(c)(3) status, and are thus 

exempt from ad valorem taxes. Any impacts to infrastructure and services from this development 

will not be recouped through tax revenue. 


The proposed project is consistent with Policy 2.125-E, Community Facilities, of the Comprehensive 

Plan. 


As included in the conditions. 

Exhibits: 

Exhibit 1 

Exhibit 2 

Exhibit 3 

Exhibit 4 

Location Map 



Site Plan 



Exhibit 1 

Location Map 



Exhibit 2 

ROS 

RM 

RM 

Site 

CAC 

CAC 

RL-4 




Exhibit 3 

Site 

Aerial Map 



Exhibit 4 

Site Plan 



POLK COUNTY 


STAFF REPORT 

DRC Date: October 4, 2012 LEVEL: 4 


BOCC Date: January 8, 2013 CASE #: CU 12-20 


56068 (Trull Conditional Use) 

Request: Request to recognize uses of 1) Vehicle Sales and Leasing, 2) 

Vehicle Service, Mechanical, and 3) Vehicle Repair, Auto Body 

for an existing auto repair and sales facility and to remove the 

parcel from PUD 78-03 (Heaven Bound PUD). 

Applicant: 


Location: 

Size: 




Case Planner: 

Rick & Marylin Trull 

Marylin (Barkley) Trull 

6145 State Road 60 East, Bartow, on the south side of State Road 

60, approximately 1.4 miles west of the intersection of State Road 

60 and CR 655 (Rifle Range Road) in Section 31, Township 29, 

and Range 26. 

1.09± acres 

Commercial Enclave (CE) 

Gateway Selected Area Plan 


The municipal limits for the City of Bartow are along the north 

side of State Road 60, across from the subject parcel. The City’s 

Planning Director was notified of this Conditional Use in an e-mail 

on October 10, 2012. 

Todd Vargo, AICP 


The subject request is to recognize an existing business which performs “Vehicle Sales and 

Leasing,” “Vehicle Service, Mechanical,” and “Vehicle Repair, Auto Body” uses and to remove 

the subject site from PUD 78-03. In accordance with Table 2.1 of the Land Development Code 

(LDC), these uses are all Level 4 Review conditional uses within the Commercial Enclave (CE) 

Future Land Use district. Level 4 Review Conditional Uses require a public hearing before the 

Planning Commission at which the Planning Commission gives a recommendation for the 

subsequent Board of County Commissioner (BoCC) hearing. The BoCC has the ultimate 


Level 4/TAV 11/16/2012 3:45 PM CU 12-20 December 5, 2012

authority to approve or deny the request by determining whether the proposed Conditional Use 

conforms to the LDC and the Polk County Comprehensive Plan. 

PUD 78-03 was approved on August 1, 1978 by the Board of County Commissioners for a 

mobile home and recreational vehicle park. Subsequent modifications added commercial 

portions to the PUD. The commercial uses were limited to the uses allowed in the C-2 zoning 

district. Most of the PUD was not built; however, the Polk County Property Appraiser shows the 

auto repair building being constructed in 1986. 

In 1995, the Board of County Commissioners approved a Comprehensive Plan Amendment from 

Agricultural/Residential Rural to Commercial Enclave (CPA 95S-08). Although at the time staff 

could not place conditions on a Comprehensive Plan Amendment, the staff report clearly stated 

that the use was not consistent with the existing C-2 zoning district and that a Conditional Use 

approval was needed to make the automobile repair shop conforming. The Conditional Use was 

never applied for by the owner. Marilyn Barkley bought the property in 2006 and continued the 

existing use as an automobile repair shop under the belief that the use was “grandfathered.” 

Code Enforcement Division cited the Trulls for operating a salvage yard due to the cars parked in 

the rear of the lot. In the ensuing investigation, staff realized that a Level 4 Review Conditional 

Use is required for the trio of uses to continue on the property. Salvage Yards are not permitted 

within the Commercial Enclave Future Land use district and so the Trulls have removed the cars 

from the property. 

Staff has no objections to the proposed Level 4 Review Conditional Use. This use has been 

occurring at the site since prior to Ms. Barkley (now Trull) purchasing the property with no 

complaints or negative impacts on the county or its residents. 


1. The request is to recognize the existing uses of Vehicle Sales and Leasing, Vehicle 

Service, Mechanical, and Vehicle Repair, Auto Body for an existing automobile shop 

within the Commercial Enclave (CEX) Future Land Use district. Also part of the request 

is to remove the subject site from PUD 78-03 (Heaven Bound PD). The subject site is 

within the Rural Development Area and is approximately 1.09 acres in size. 

2. The subject site is also within the Gateway Selected Area Plan (SAP). Since no text has 

been adopted within the Land Development Code (LDC) for the Gateway SAP, Table 2.1 

and Chapter 3 of the LDC are in effect. 

3. According to Table 2.1 of the Polk County Land Development Code, the uses of Vehicle 

Sales and Leasing, Vehicle Service, Mechanical, and Vehicle Repair, Auto Body all 

require a Level 4 Review (C4) within the CE Future Land Use district. Level 4 

Conditional Uses require an advertised public hearing before the Polk County Planning 

Commission, whose vote is a recommendation, and approval from the Board of County 

Commissioners at an advertised public hearing. 

4. Chapter 10 of the Polk County LDC defines Vehicle Sales and Leasing as 

“Establishments primarily engaged in the retail sale, leasing, and service of new or used 

automobiles, vans, boats, motorcycles, recreational vehicles, and light trucks (less than 2 



ton capacity), including any warranty repair work and other repair service conducted as 

an accessory use.” 

5. Chapter 10 of the Polk County LDC defines Vehicle Service, Mechanical as “Vehicle 

repair and servicing activities which are typically conducted within enclosed, or partially 

enclosed, structures. Automotive services provided by this type of facility are generally 

characterized as routine maintenance, though more substantial mechanical work may be 

offered by these businesses.” 

6. Chapter 10 of the Polk County LDC defines Vehicle Repair, Auto Body as “Repairs to 

vehicles where physical damage has taken place to the structure or appearance of said 

vehicle, whether through traffic accident or other circumstances, also including the 

customizing or painting of vehicles. Generally, a substantial effort is involved in auto 

body repairs, typically, but are not limited to, repairs which may take more than a 

working day to complete.” 

7. Chapter 3, Section 303 of the Polk County LDC lists the following Criteria for 

Conditional Uses for Vehicle Repair: 

“In addition to the applicable district regulations in Table 2.2, the following standards shall apply: 

1. A buffer equal to a Type C buffer (see Section 720) shall be provided between the vehicle repair 

facility and all abutting residential districts. Also, additional trees equal to one tree per 30 feet 

shall be provided adjacent to residential areas. 

2. All access points shall have at a minimum 50 feet of road frontage and be located at a minimum 

on an Urban collector or Rural Major collector road or better unless contained within a planned 

industrial park with access to an Urban collector or Rural Major collector road or better. 

3. There shall be no external activity beyond loading and unloading of materials. All repair shall 

be conducted within an enclosed structure. 

4. All outdoor storage shall be screened from off-site view. 

5. No activity shall be conducted that produces noise, odors, dust, fumes, fire hazard, or other 

nuisance beyond the property lines. 

6. All vehicle repair structures shall be set back 50 feet when abutting a residential or 

professional district.” 

8. Chapter 3, Section 303 of the Polk County LDC lists the following Criteria for 

Conditional Uses for Vehicle Sales and Leasing Establishments: 

“In addition to all applicable regulations a vehicle sales/leasing establishment shall comply with the 

following requirements: 

1. All sales buildings shall meet commercial building standards. 

2. Except within the HIC district, all on-site service and repair operations shall be performed 

within enclosed structures, thereby limiting the extent of their external impacts upon adjacent and 

nearby properties.” 

9. Chapter 3, Section 303 of the Polk County LDC lists no Criteria for Conditional Uses for 

a Vehicle Service, Mechanical use. 



10. The site has frontage on State Road 60, a Principal Arterial roadway. 

11. The closest transportation link affected by the request is State Road 60, which is Link 

5906 on the Transportation Planning Organization’s June 2012 Roadway Network 

Database. Link 5906 currently has an adopted Level of Service (LOS) standard of C and 

is operating at a peak-hour/peak season LOS of B both eastbound and westbound 

directions. However, no additional transportation impacts are anticipated as this 

Conditional Use is to recognize a use that has been taking place on the subject property 

for years. 

12. The area is rural in nature. North of the subject site, across State Road 60, is a pasture. 

East and south are vacant parcels. Further eastward is a 14 acre parcel with a singlefamily 

dwelling unit. To the west of the subject site is a parcel used for retail purposes 

for selling sheds, docks, boathouses, etc. 

13. According to the Polk County Endangered Habitats Map, updated in 2006 (Animals, 

Rookeries & Communities) and 2011 (Plants), the site is not located within an identified 

one mile radius for protected plant and animal species. This data is derived from the 

Florida Natural Areas Inventory (FNAI) and the Florida Geographic Data Library. 

14. Pursuant to the most recent Federal Emergency Management Agency (FEMA) Federal 

Insurance Rate Maps (FIRM), the southern 75 feet of the site contains some floodplains. 

The existing building in which the auto repair uses are located was constructed outside of 

the floodplain. 

15. Pursuant to the National Wetland Inventory (NWI) maps, the site does not contain any 

wetlands. 

16. Neither expansion of the existing building nor any new uses are being requested through 

this conditional use (CU 12-20); therefore, the types of soils located on site have no 

bearing on the present request. 

17. The nearest Fire Station is Peace Creek (Station #590), located at 100 Rifle Range Road, 

Bartow. It is located approximately two miles from the site and response time is 

estimated to be approximately four (4) minutes. Ambulance response will be from Medic 

Station 73 located at 1450 Pinehurst Street in Bartow, located 6.6 miles from the site. 

Response time from Medic Station 73 is estimated to average 11 minutes. 

18. The nearest Sheriff’s substation (Southeast District Headquarters – 4011 Sgt. Mary 

Campbell Way, Lake Wales) is located approximately 15± miles from the site. Driving 

time from the substation is approximately 16 minutes. 

19. The nearest municipality is the City of Bartow, located on the north side of State Road 

60, opposite the subject site. The City of Bartow was notified on October 10, 2012 via e- 

mail of this request. The City of Bartow has no issues with the request as long as the 

subject site is not used for an auto salvage or recycling facility. 




The Development Review Committee, based on the staff report finds that the proposed request is 

consistent with the surrounding land uses and general character of the area; is consistent with 

the Polk County Land Development Code and is consistent with the Polk County 

Comprehensive Plan. 

Development Review Committee Recommendation: Based upon the findings of fact, the 

information provided by the applicant, and a recent site visit, the Development Review 

Committee recommends APPROVAL of CU 12-20. 

1. This Conditional Use approval allows for the uses of “Vehicle Sales and Leasing,” 

“Vehicle Service, Mechanical,” and “Vehicle Repair, Auto Body.” [PLG] 

2. The applicant shall install a Type “A” Landscape buffer parallel to the frontage of State 

Road 60, at the top of the depression the chain link fence sits in. [PLG] 

3. No outdoor storage of vehicles is allowed. [PLG] 

4. Future expansion of the existing uses permitted with this Conditional Use approval (CU 

12-20) may be approved through the Level 2 Review process. [PLG] 

GENERAL NOTES 


development regulation unless specifically noted in the conditions of approval and consistent with LDC 

Section 930 D. 


made during the application review process, which are on file with the Land Development Division, shall 

be considered to be binding upon the applicant, provided such commitments are not a variance with the 

Comprehensive Plan, LDC or other development regulations in effect at the time of development. 


Northwest: 

City of Bartow; 

Pasture 

West: 

A/RR, PUD 78-03; 

Retail building 

Southwest: 

A/RR; 

vacant/undeveloped 


North: 


Pasture 


CE, PUD 78-03; 

Auto repair building; 

1.09± acres 

South: 

A/RR, PUD 78-03; 


Northeast: 


Pasture 

East: 

A/RR, PUD 78-03; 


Southeast: 

A/RR, PUD 78-03; 





A. Land Uses: 

The area is within a rural area of Polk County. The surrounding unincorporated area is within 

the A/RR Future land use district. Most of the surrounding lots are vacant; however, to the west 

is a parcel that is used for access to State Road 60 by both the auto repair shop and a business 

farther to the west that sells docks, boathouses and sheds. Although most of the area is currently 

vacant, future development will probably occur with the completion of the CSX terminal in 

Winter Haven and the Clear Springs project within the City of Bartow’s incorporated area. 


The site lies within the Rural Development Area (RDA), where most urban services are not 

present, or are not planned. Since this request is to recognize an existing business, there is no 

increased demand for urban services or infrastructure to the site. Transportation demand caused 

by the existing business is already calculated into the Roadway Network Database. A septic 

system is utilized for wastewater service and potable water is provided by a private water utility, 

Pinecrest Utilities. 


This request is to recognize an existing business. Consequently, school impacts are not germane 

to this request. No schools are located within close proximity to the site. 




Sheriff 

East Division, Southeast District Headquarters 

4011 Sgt. Mary Campbell Way, Lake Wales 

16 ± miles 

Fire 

Fire Station # 590 (Peace Creek) 

100 Rifle Range Road 

2 ± miles 

EMS 

Medic Station #73 

1450 Pinehurst Street, Bartow 

6.6 ± miles 

Source: Polk County Sheriff’s Office, Fire Services Division and Polk County GIS Date Viewer 

Response times vary for the aforementioned services depending on the nature of the call and on 

the location of these services. Since this request is for recognition of an existing business and no 

expansion is planned, approving this conditional use should not cause an increase in demand for 

public safety services. 


The site is located in the RDA where centralized water and sewer service is typically not 

available and a connection is not required. The business receives potable water from a private 

provider, Pinecrest Utilities, LLC. There is no sewer service in the area; therefore, the applicant 

utilizes a septic tank for wastewater service. No expansions or additions to the existing business 

are planned with this Conditional Use approval, so no new demand for water or sewer will be 

generated. 




The site currently has a 2,800 square foot building containing an existing automobile repair shop. 

Because this building has been used for an automobile repair shop for a number of years, it is 

important to note that traffic for this site has already been factored into the Roadway Network 

Database. No expansions or additions to the existing business are planned with this Conditional 

Use approval, so no new trips will be generated. 



There are no surface water bodies within the subject parcel. The site is relatively flat with the 

lowest point at the southeast corner of the lot. 


Pursuant to the most recent Federal Emergency Management Agency (FEMA) Federal Insurance 

Rate Maps (FIRM), the southernmost 80 feet of the site is within the flood zone. However, there 

is no structure or planned structure to be located on this portion of the site. Per the National 

Wetland Inventory (NWI) maps, there is no wetland area on the site. 


There are no public or private wells currently located on the subject parcel. No impacts are 

anticipated to any off-site wells located in close proximity to the site. 

D. Airports: 

According to the 2030 Comprehensive Plan Map Series Airport Impact District Map, the site is 

within the Height Notification Zone for the Bartow airport. However, the one-story building has 

historically not posed a problem and should not in the future. 

E. Soils: 

Soil Name Dwelling Without Basements Septic Tank Limitations 

Placid and Myakka 

Fine 

Sands/Depressional 

Approximate 


Severe: Ponding Severe: Seepage, Ponding 60% 

Adamsville Fine Sand Moderate: Wetness Severe: Seepage, Wetness 15% 

Floridana Mucky Fine 

Sand/Depressional 

Severe: Ponding Severe: Seepage, Ponding 25% 

Source: Soil Survey of Polk County, Florida 

While the on-site soil types appear to have moderate to severe limitations to development, this 

building has been existing since 1986 and there has been no issue with the soils. There is already 

an existing septic tank on site. 



F. Protected Species: 

According to the Florida Natural Areas Inventory Map, 2006, the site is not located within an 

identified one mile radius for animal and plant species and/or communities. 


This request will have neither increase demand nor have an impact on any park facilities. 


Approval of this conditional use will allow the applicant to continue the existing business, which 

brings tax revenue into Polk County. No new infrastructure outlays will be necessary since the 

business is an existing use, there are no plans for expansion, and this site is located in the Rural 

Development Area. Some urban services are lacking due to the rural nature of the area. 


Policy 2.112-A1 describes the characteristics of the Commercial Enclave FLU district as: 

“Commercial Enclaves are those concentrations of commercial/office uses and zoning districts 

which are located outside of Activity Centers and/or Linear Commercial Corridors and whose 

future development or redevelopment will not degrade the County's growth management 

program. These enclaves are the result of past actions by the County, which may or may not have 

been previously developed, but are recognized through their designation on the Future Land Use 

Map Series.” The request to recognize these existing uses is consistent with the CE Future Land 

Use district. 


The City of Bartow’s Planning Director stated in an e-mail on October11, 2012 that the City has 

no objection to the proposed Conditional Use request as long as the property is not used as an 

auto salvage yard or a recycling facility. 

Exhibits: 

Exhibit 1 Location Map 

Exhibit 2 Future Land Use Map 

Exhibit 3 Aerial Photograph (2011) 

Exhibit 4 Site Plan 



Exhibit 1 

LOCATION MAP 



Exhibit 2 

Bartow 

A/RR 

CE 

SITE 

A/RR 




Exhibit 3 

SITE 




Exhibit 4 

PROPOSED SITE PLAN 



POLK COUNTY 


STAFF REPORT 



BOCC Date: January 8, 2013 CASE #: CU 12-21 


Request: 

Applicant: 


Location: 

Size: 




Case Planner: 

56115 (Edgehill WTP) 

A county initiated request to expand the Edgehill Water Treatment 

Facility, a Class III Utility, to ±1.1 MGD by adding an additional 

raw water well and an additional 2.01± acres of land. 

Gary Fries, Director, Polk County Utilities 

Polk County 

The site is located east of U.S. Highway 27, at 101 Cottonwood 

Drive in Section 29, Township 26, Range 27. 

2.01± acre expansion, 5.95± acres total 

Residential Medium (RMX) 

North Ridge Selected Area Plan 


The nearest municipality is the City of Haines City, Over one mile 

to the south. 

Erik Peterson, AICP 

This is a request to recognize the Edgehill water treatment plant and approve the addition of a 

second well and additional acreage. The addition of this raw water well along with 

improvements on the system at the Loma Linda plant will render an additional 642,000 gallons 

per day of capacity to the northeast Regional Public Water System. The Edgehill Water 

Treatment Plant is currently producing approximately 527,600 gallons per day (GPD) with one 

well. The additional well will increase production to 1,055,000 GPD. In addition to the added 

capacity, the project provides operational improvements and redundancy to ensure more 

consistent pressure throughout the system and backup in the event of emergencies. The 

proposed expansion and additional well will not require any external modifications to the water 

treatment plant. 

Approval of this plant expansion has little or no discernible impacts on the area’s infrastructure 

and services. However the expansion will potentially enable another 1,800 dwelling units to be 

developed within the Northeast Utility Services Area (NERUSA). The NERUSA potable water 

system is made up of eight (8) different water treatment plants (WTPs) interconnected through 

one master network of transmission lines. Some plants have additional raw water wells feeding 

into them, as is the case with the proposed improvement to Edgehill. The system has been 


Level 4/eep 11/14/2012 9:54:59 AM CU 12-21 December 5, 2012

expanding continually since the 1980s. Planned improvements such as to the Edgehill plant will 

bring the system output to 13,918,500 GPD by the end of 2013. 

This facility was constructed in 1974 to serve the Crescent Estates development (PUD 73-07) 

because utilities were not available to the area at that time. The plant was separated from the 

PUD through a modification in 1980. It was expanded to serve the Ridgewood Lakes 

Development and later purchased by the developer. In 2009, the County purchased the plant 

from JML Land, the developer of the Ridgewood Lakes and has incorporated it into the 

NERUSA. 


● 

● 

● 

● 

The request is for Conditional Use approval of a 1.1 MGD water treatment plant with 

ground storage and two wells on 5.95 acres in accordance with the binding site plan. 

The site is located within a Residential Medium (RMX) Future Land Use district. 

The site is located within the North Ridge Selected Area Plan. 

POLICY 2.116-A3 of the Comprehensive Plan, requires “the following factors shall be 

taken into consideration when determining the appropriateness of establishing new 

Institutional areas on the Future Land Use Map Series, or in approving the location for 

an institutional use not located within lands classified as Institutional: 

a. Accessibility to roadways, with consideration being given to regional transportation 

issues for large-scale institutional developments having a regional market. 

b. Proximity to incompatible land uses, which is dependent upon the intensity of the 

institutional use (buffering may be provided to mitigate adverse impacts). 

c. The locational criteria enumerated in Policy 2.102-A9 and Policy 2.102-A10. 

d. Proximity to similar and compatible uses providing opportunities for shared 

facilities; and, 

e. Plans of the School Board and other public service agencies with jurisdiction in the 

County. 

The placement of institutional uses in other than lands classified as Institutional shall be 

subject to County approval through a Conditional Use Permit, or in accordance with 

land-development regulations adopted and/or amended by the County in accordance with 

Section 163.3201(1), FS.” 

● 

● 

● 

POLICY 2.125-D1 of the Comprehensive Plan allows utilities such as Water Treatment 

Plants to be located in any Future Land Use map category through approval of a 

Conditional Use. 

POLICY 2.131-Q7 of the Comprehensive Plan states that “The base density for RMX is 

established at six dwelling units per acre (6 du/ac).” 

Table 4.16 of the Land Development Code requires a Level 4 Review for a Class III 

Utility in RMX in the north Ridge Selected Area Plan. 

● 

The water treatment plant was originally approved in conjunction with Crescent Estates 

in 1973 under PUD 73-07, but later separated on September 9, 1980 under PUD 73-07M. 



● 

● 

● 

● 

● 

● 

● 

Crescent Estates (PUD 73-07) was designated RM with the original Comprehensive Plan 

Future Land Use Map adoption in 1991, rendering the development non-conforming. 

Under the adoption of the North Ridge Selected Area Plan, it became RMX. 

Staff has no documentation as to the reason that Crescent Estates (PUD 73-07) or other 

surrounding development was rendered a non-conforming use or any data to support the 

public purpose. 

The Water Treatment facility has direct frontage on Cottonwood Drive, which connects 

to U.S. Highway 27. 

The site has been developed since the mid-1970s. 

There are no wetlands or floodplains onsite. 

There have been no sightings of endangered or threatened species within one mile of the 

site according to the Florida Natural Areas Inventory (FNAI). 

Public Safety Services are at urban levels with professional fire protection and EMS 

within 700 feet of the site. 

● The Edgehill Water Treatment Plant is currently producing approximately 527,600 

gallons per day (GPD) with one well. The additional well will increase production to 

1,055,000 GPD. 

● 

The proposed expansion and additional well will not require any external modifications 

to the water treatment plant. 


Based upon the information provided by the applicant and a recent site visit, the Development 

Review Committee finds that with the recommended conditions the request IS CONSISTENT 

with the surrounding land uses and general character of the area, IS CONSISTENT with the 

Comprehensive Plan, and is consistent with the Land Development Code. 


Based upon the findings of fact the Development Review Committee recommends APPROVAL 

of CU 12-21 with the following conditions: 

1. This Conditional Use approval is for a 1.1 MGD water treatment plant with ground storage 

and two wells on 5.95 acres in accordance with the binding site plan. 

2. In the event of future changes to policies or land use maps within the Land Development 

Code or Comprehensive Plan, this property may be utilized in accordance with the 

ordinances in effect at the time of permitting and this conditional use approval may expire 

without formal modification before the Planning Commission of Board of County 

Commissioners. 



GENERAL NOTES 

NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development 

requirement unless specifically noted in the conditions of approval and consistent with LDC Section 930 D. 

NOTE: All written comments made in the application and subsequent submissions of information made during the 

application review process, which are on file with the Land Development Division, shall be considered to 

be binding upon the applicant, provided such comments are not at variance with the Comprehensive Plan, 

LDC or other development regulations in effect at the time of development. 

Table 1 

Surrounding Land Use Designations and Current Land Use Activity 

Northwest: 

RMX, PIX, 

Single Family, Fire & EMS, 

Church, Grove, Vacant 

West: 

RMX, PIX, 

Residential dwelling, Church, 

Grove, 

Southwest: 

RMX, INST-1X, NACX 

Church, Grove, Vacant 

Entrance to Ridgewood Lakes 

North: 

RMX, PD 90-15 

Royal Ridge 

Single Family Residential 


RMX 

Water Treatment Plant 

Vacant Parcel, 

and unopened right-of-way corridor 

South: 

NACX 

Vacant 

Entrance to Ridgewood Lakes 

Northeast: 

RMX, PD 90-15 

Royal Ridge 


East: 

RMX 

Crescent Estates 


Southeast: 

RMX 

Crescent Estates 


The water treatment plant is bordered by residential on one side and institutional land uses on the 

other. The area included within the plant boundary is the original water treatment plant property 

designated for the construction and support of Crescent Estates, a recently acquired vacant 

property, and an unopened right-of-way corridor connecting Cottonwood Drive to Ridgewood 

Lakes Boulevard (see Exhibits 2&3). The RMX designation on Royal Ridge and Crescent 

Estates has rendered them non-conforming due to their low density. 


The water treatment plant came to this area with the 

surrounding development. Prior to 1971, this area was 

solely citrus groves. This improvement to the plant, 

despite doubling its capacity, will have relatively no 

discernible impacts on infrastructure or surrounding land 

uses. The improvement will almost entirely be 

subsurface. 

A. Land Uses: 

The water treatment plant was originally constructed to 

serve Crescent Estates in the early 1970s. Because it 

covered less than 50% of the permeable surface, it was 

not required to be approved through a conditional use 

permit in the RC district at the time. The facility was not 

recognized in the adoption of the comprehensive plan 

because it was a private facility, and inadvertently over 



looked during three county initiated amendments to the area including the North Ridge Selected 

Area Plan. Regardless of whether or not the properties are INST-1X, 2X, or as it is RMX as they 

are today, a Level 4 Review is required. 


Expanding the capacity of an existing water treatment plant requires very little supporting 

infrastructure. The amount of personnel needed to support the facility does not necessarily 

increase. And, if it does, it is insignificant. Water treatment plants are not labor intensive 

facilities. This facility is not staffed. In the future, it will not be as necessary to visit the site to 

monitor the facility. However despite the minimal direct impacts, the indirect impact is not to go 

unnoticed. It is not the plant that will cause an increase demand on infrastructure, rather the 

expanded development that it will enable. This plant together with other system improvements 

will result in approximately 642,000 additional gallons per day (GPD). The increased capacity at 

this plant alone will enable at least 1,456 equivalent residential connections (ERCs). It is those 

units that will require more schools, roads, wastewater service, public safety services and 

recreational facilities. 

Nearest and Zoned Elementary, Middle, and High School 

Although schools may be considered an urban service deficiency in this area, they are not 

directly needed to support this request. However, this request will produce enough additional 

water capacity within the system to serve 1,456 additional residential units in the area. 

Table 2 

Name of School 

Horizons Elementary 

Davenport School for the Arts Middle School 

Ridge Community Sr. High 

Source: Polk County School Board 






The nearest Sheriff’s substation is the Northeast 

Command Center on Dunson Road. Both fire and 

ambulance response to this project will be from Fire 

Station 220 located at 126 Cottonwood Drive, which is 

less than 750 feet from the site. Station 220 is staffed 24/7 

with career firefighters and augmented by response from 

other staffed county fire stations. 

Sheriff response times are not as much a function of the distance to the nearest sheriff’s 

substation, but more a function of the overall number of patrol officers within the County. 

Response times for both fire and ambulance service are excellent even in the event that a crew is 

away on a call because the station is backed up by the Northridge Station #210 near the 

intersection of Ronald Reagan Parkway and U.S. Highway 27. There is a hydrant on Cottonwood 

Drive within 400 feet of the facility. 



Table 3 


Distance from 

subject site 

Response Time 

Sheriff 

Northeast District Command 

(Dunson Road @ North US 27) 

±3½ miles 12 to 15 minutes 

Fire Station 220 


EMS Station 220 


±750 feet 2 minutes 

±750 feet 2 minutes 

Source: Polk County Sheriff’s Office and Public Safety 

*Response times are based from when the station receives the call, not from when the call is made to 911. 

Water and Wastewater Demand and Capacity: 

The Northeast Regional Utility Service Area has seen significant improvements in water and 

wastewater service over the last decade. It has the county’s largest re-use water systems as well. 

This request is a small component of this large system. 

A. Estimated Demand and Service Provider: 

This expansion combined with the expansion of the Loma Linda well will increase the amount of 

capacity on the system from 12,099,000 gallons per day to 12,741,000. It will enable the service 

equivalency of an additional 1,456 residential dwelling units. 

Table 4 


5.95± acres 

Demand as 





Permitted Intensity 35 units multifamily 89 units multifamily 

Proposed Plan 

Water Treatment plant 

with two wells 

Potable Water 

Consumption (GPD) 

Needs 6,930 GPD Needs 17,622 GPD Produces ±1.1 MGD 

Wastewater 

Generation (GPD) 

Needs 6,300 GPD Needs 16,020GPD 0 GPD 

Source: Polk County Concurrency Manual & Polk County Utilities 

Polk County Utilities is the service provider for water, wastewater service, and reuse water for 

irrigation. The site is in the Northeast Utility Service Area (NERUSA). There is a 12-inch water 

line, 8-inch wastewater line and no reclaimed water line on Cottonwood Drive. 


The Northeast Utility Service Area is permitted for 12,099,000 GPD. Current flow is at 

approximately 5,716,000 GPD. There is approximately 4,268,000 GPD allocated to projects with 

entitlements leaving 1,448,000 GPD in uncommitted capacity. With this improvement available 

capacity will reach approximately 2,090,000 GPD. 

Once the improvement to the Northeast Wastewater Treatment Plant is completed, it will be 

permitted to treat 6,000,000 GPD. Current flow is approximately 2,224,000 GPD. There is 



currently 1,008,000 GPD in entitled commitments. No connection to wastewater is required at 

the plant. 


New wells are being added to the system at Loma Linda, Edgehill, and Holly Hill that will add 

capacity to the overall system. Also, additional ground storage reservoirs have been added to the 

system that will improve the consistency of water pressure throughout the system. 

Roadways/ Transportation Network 

It is estimated that an average of 108,800 vehicles pass the link of US Highway 27 at 

Cottonwood Drive. The highway is functioning at Level of Service “C” and should not change 

as a result of this additional raw water well. 

A. Estimated Demand: 

The proposed expansion only involves an additional raw water well. It will not require additional 

personnel to operate the facility once the improvement is constructed. 

Table 5 


5.95± acres 

Demand as 





Permitted Intensity 35 units multifamily 89 units multifamily 

Proposed Plan 

Water Treatment plant 

with two wells 


Trips (AADT) 

226 574 4 

PM Peak Hour Trips 140 356 1 



The one major affected transportation link that is tracked on the Roadway Network Database is 

U.S. Highway 27. The proposed modification is merely an additional well with no expansion of 

the operation of the use. Therefore, there should be no discernible impacts upon traffic capacity 

as a result of this modifications approval. 

Table 6 

Link # 

Road Name 

Current Level 

of Service 

(LOS) 

Available PM 

Peak Hour 

Capacity 

Minimum 

LOS 

Standard 


5110N 

C 514 D 

From: CR 547 To: I-4 


5110S 

B 752 D 

From: I-4 To: CR 547 

Source: Polk County Transportation Planning Organization, Concurrency Roadway Network Database June 2012 

C. Roadway Conditions: 

The County does not track pavement conditions on State or private roadways because they are 

not a local maintenance responsibility. However, using the PASER method, staff has determined 

the pavement to be within above average thresholds on U.S. Highway 27 and I-4. Cottonwood 

Drive is under County maintenance and rated in “Good” condition according to the Pavement 



Surface Evaluation and Rating (PASER) method established by the Transportation Information 

Center at the University of Wisconsin-Madison. 

D. Planned Improvements: 

With water system improvements, more development is possible. Such is true with road 

improvements as well. Together, these improvements will likely enable more growth in the area. 

Table 7 

Road 

Fiscal Year CIP 

(Construction) 

North Ridge Trail 2007-2012 

Project Description 

Construct a new 2 lane road from Sand Mine Road (at Highlands 

Reserve Subdivision near Berry Town Center) to Deen Still Road 

(approx. 4.1 miles). New roadway is intended to separate local 

residential traffic from regional (truck) thru-traffic to help maintain 

an acceptable level of service on US27. As an alternate route for 

local traffic, new roadway will enhance safety. Cross connections to 

the east side of US27 already exist at several adjoining subdivisions. 

Linear park concept of aesthetic enhancements roundabouts, 

sidewalks, recreational path, stamped concrete, ornamental lighting, 

and irrigated landscaping) included in design. Posted speed to be 30 

MPH on mainline and lowered to 20 MPH at medians and 15 MPH 

at traffic circles (roundabouts). 

U.S. Highway 27 2012-2020 Widen from four to six lanes 

U.S. Highway 27, from Berry Road to U.S. 192 has 

recently been approved by the TPO Board for 

construction in the next fiscal year to be widened to six 

lanes. The link between Haines City and I-4 has been 

widened to six lanes 

E. Mass Transit 

There are no mass transit routes currently within this 

area of the County. The closest is route #RT-15 on the 

Winter Haven Area Transit (WHAT) system that 

reaches the Winn Dixie Shopping Center in northern 

Haines City. The plant will primarily be utilized by 

County employees or contractors with service vehicles; 

therefore, mass transit is hardly vital to the operation 

and expansion of the water treatment plant. However, 

the residences that will be served in the fuuture by this 

facility will likely need transit services. 

Environmental Conditions 

The Edgehill plant sits on a sand hill ridge surrounded by existing development, over 40 feet 

from above elevations where more sensitive environmental features occur. It is a significant 

distance from wetlands, floodplains, and endangered species. 




The nearest surface waters are the water hazards on the Ridgewood Lakes golf course over 3,000 

feet to the south. 


There are no wetlands or floodplains onsite. The closest is over 1,000 feet to the east on the other 

side of the Crescent Estates residential development at the end of Cottonwood Drive. 

C. Soils: 

Candler is very well drained soil. Very little physical improvements will be evident once this raw 

water well is constructed and connected to the Edgehill Plant. Aside from a portion of the pump 

assembly, all will be subsurface piping. 

Table 8 

Soil Name 

Septic Tank 

Absorption Field 

Limitations 

Limitations to Dwellings 

w/o Basements 

% of Site 

(approximate) 

Candler Sand (3) Slight Slight 100% 

Source: Soil Survey of Polk County, Florida, USDA, Soil Conservation Service 

D. Protected Species 

The site is not located within one mile of an endangered animal sighting, plant or natural 

community as designated by the Florida Natural Area Inventory. 

E. Archeological Resources: 

There are no protected archeological resources in Section 29, Township 26, and Range 27, 

according to the Florida Department of State, Division of Historical Resources. 

F. Wells (Public/Private) 

The Edgehill plant has one existing well onsite. There is a 12-inch potable water line going west 

and a six (6)-inch line going east. The 12-inch line connects to the 24-inch transmission line that 

runs north on U.S. Highway 27. 

G. Airports: 

The site is not within any public airport flight paths or buffer zones. The well will be subsurface 

so only a few pumps will show, and they are less than five feet tall. 


Although water treatment facilities don’t need parks, the customers they serve do. There is a 

newly constructed regional recreational facility nine miles to the north that contains at least six 

lighted soccer/football fields, five lighted baseball fields, basketball, tennis, and racquetball 

courts, concession facilities, boat access to Lake Davenport as well as playground facilities for 

children and dog walks. 



A. Location: 

The County’s Northeast Regional Park is located at 1317 U.S Highway 27, less than 1¼ south of 

US Highway 192. 

B. Services: 

There are six lighted soccer/football fields, five lighted baseball fields, basketball, tennis, and 

racquetball courts, concession facilities, boat access, as well as playground facilities for children 

and dog walks. 

C. Planned Improvements 

There are no further recreation improvements scheduled for this quadrant of the County at this 

time. 


Polk County has made a significant investment in the 

northeast corner of the county to meet the needs of 

development that is stimulated by the economic 

activity caused by the tourism industry in Orange and 

Osceola County that has impacts spilling across the 

borders into Polk. All development must have, at a 

minimum, access to markets, water, and a means of 

disposing of waste (solid as well as liquid). While 

U.S. Highway 27 and I-4 have provided access to 

many, it is the county that has provided everything 

else in the area, water being one of them. Without 

expansion of the water facilities in this area, there will 

be no further expansion of development. 

This expansion of the Edgehill plant is one piece of a greater system and its ongoing 

improvements. The Northeast Utility Service Area (NERUSA) potable water system is made up of 

eight (8) different water treatment plants (WTPs) interconnected through one master network of 

transmission lines. Some plants have additional raw water wells feeding into them, as is the case 

with the proposed improvement to Edgehill. This diversification not only ensures a safe back-up 

system and consistent flow and pressure, but also protects the area surrounding the wells from the 

adverse effects of overburdening one well source within the system. Through this networked 

system, the County is able to increase or decrease drawdown at any one point to balance out the 

system and avoid environmental damage or catastrophe. 

Consistency with the Comprehensive Plan: 

The Comprehensive Plan allots the Institutional (INST) category for private and public-service 

structures. But, also affords significant flexibility by allowing them to locate in all other land use 

categories with board approval through POLICY 2.125-D1 and POLICY 2.116-A3 of the 

Comprehensive Plan, which requires “the following factors shall be taken into consideration 

when determining the appropriateness of establishing new Institutional areas on the Future Land 

Use Map Series, or in approving the location for an institutional use not located within lands 

classified as Institutional: 



a. Accessibility to roadways, with consideration being given to regional transportation 

issues for large-scale institutional developments having a regional market. 

b. Proximity to incompatible land uses, which is dependent upon the intensity of the 

institutional use (buffering may be provided to mitigate adverse impacts). 

c. The locational criteria enumerated in Policy 2.102-A9 and Policy 2.102-A10. 

d. Proximity to similar and compatible uses providing opportunities for shared facilities; 

and, 

e. Plans of the School Board and other public service agencies with jurisdiction in the 

County. 

The placement of institutional uses in other than lands classified as Institutional shall be subject 

to County approval through a Conditional Use Permit, or in accordance with land-development 

regulations adopted and/or amended by the County in accordance with Section 163.3201(1), 

FS.” 


None. 

EXHIBITS 

1 – Location Map 

2 – Future Land Use Map 

3 – 2012 Aerial Photo Close-up 

4 – Site Plan 



Exhibit 1 

LOCATION MAP 



Exhibit 2 




Exhibit 3 

2012 AERIAL PHOTO CLOSE-UP 



Exhibit 4 

CU 12-21 SITE PLAN 



POLK COUNTY 


CASE OVERVIEW 


PC Date: December 5, 2012 TYPE: CPA Text Amendment 

BOCC Date: February 19, 2013 

April 16, 2013 

CASE #: CPA 13B-02 


Request: 

Applicant: 

Case Planner: 

56072 (Intergovernmental Element Lakeland Sector Planning Program) 

A Comprehensive Plan text amendment to Policy 4.102-A13: City 

of Lakeland Sector Planning Program in the Intergovernmental 

Element to state that the Sector Plans will be considered in land 

use and facility planning 

Polk County Land Development Division 

Chanda Bennett, AICP 

In 2007, the City of Lakeland started a Sector Planning effort. The City has defined the Sector 

Planning program (“Program”) as an “organized brainstorming” to develop preferred scenarios 

for future growth and redevelopment within a given sector of the City (see Exhibit 1). Two 

Sector Plans have already been completed (see Exhibit 2). The Sector Planning Program 

provides a basis for (City’s website quote): 

 

 

 

 

 

 

making near-term and long-term land use decisions 

forming redevelopment and improvement strategies 

identifying Capital Improvement needs 

updating the Comprehensive Plan 

developing “carrots and sticks” to implement the plan 

identifying the need for additional studies and plans 

This is an effort similar to that of the County’s Selected Area Study efforts and the City of 

Haines City CityView Selected Area Plan (“Plan”). The Haines City Plan was included into the 

Comprehensive Plan as being part of a Joint Planning Areas (“JPA”) Agreement Map per the 

requirements of the JPA between the County and the City of Haines City. The County and the 

City of Lakeland do not currently have a JPA. The proposed policy is being added to the 

Comprehensive Plan to ensure growth planning around the City of Lakeland is done in 

consideration of the City’s efforts in their Sector Planning Program. The Program documents for 

each sector are to serve as a shared resource and guide for planning efforts and not as a binding 

document. 

Obviously, many of our cities in Polk County conduct planning efforts. For example, the County 

is working with the City of Winter Haven to incorporate development guidelines into County

ordinances for Cypress Gardens Boulevard. Other city efforts will be incorporated into County 

documents as appropriate. 


1. This is a County initiated request to amend the text of the Intergovernmental Element of 

the Comprehensive Plan to add Policy 4.102-A13 CITY OF LAKELAND SECTOR PLANNING 

PROGRAM to Section 4.102 General Coordination Issues. 

2. The City has defined the Sector Planning program (“Program”) as an “organized 

brainstorming” to develop preferred scenarios for future growth and redevelopment 

within a given sector of the City. 

3. The City has completed two sector plans for the Southwest and the Northwest. 

Land Development Division Recommendation: 

The Land Development Division, based on the information provided with the proposed text 

amendment application, finds that the proposed text change request is CONSISTENT with the 

Polk County Land Development Code and the Polk County Comprehensive Plan. Staff 

recommends APPROVAL of CPA 13B-02. 

Comments from Other Agencies: None 


Level 4/CEB 11/20/2012 3:20 PM CPA 13B-02 December 8, 2012

Exhibt 1 

Sector Planning Areas 



Exhibit 2 



Exhibit 3 



ORDINANCE NO. 13-______ 

AN ORDINANCE OF THE POLK COUNTY BOARD OF 

COUNTY COMMISSIONERS REGARDING THE ADOPTION 

OF A TEXT AMENDMENT CPA 13B-02, AN AMENDMENT 

TO THE POLK COUNTY COMPREHENSIVE PLAN, 

ORDINANCE 92-36, AS AMENDED, ADDING POLICY 

4.102-A13: CITY OF LAKELAND SECTOR PLANNING 

PROGRAM IN THE INTERGOVERNMENTAL ELEMENT TO 

STATE THAT THE SECTOR PLANS WILL BE CONSIDERED 

IN LAND USE AND FACILITY PLANNING; PROVIDING 

FOR SEVERABILITY; AND PROVIDING FOR AN 

EFFECTIVE DATE. 

WHEREAS, pursuant to Article VIII, Section I(g) of the Constitution of the State of 

Florida and the Local Government Comprehensive Plan and Land Development Regulation Act, 

Chapter 163, Part II, Florida Statutes (FS), as amended, (the Act) Polk County is authorized and 

required to adopt a Comprehensive Plan (Plan); and 

WHEREAS, pursuant to Section 163.3184, FS, the Local Planning Authority (Planning 

Commission) conducted a public hearing, with due public notice having been provided, on the 

proposed Plan revisions on December 5, 2013; and 

WHEREAS, pursuant to Section 163.3184, FS, the Board of County Commissioners on 

February 19, 2013, transmitted proposed revisions to the Plan to the the Department of Economic 

Opportunity (DEO) for written comment, and 

WHEREAS, DEO, by letter dated March ??, 2013, transmitted objections, 

recommendations, and comments on the proposed amended Plan; and 

WHEREAS, pursuant to Section 163.3184, FS, the Board of County Commissioners 

conducted an adoption public hearing, with due public notice having been provided, on the 

proposed Plan revisions on April 16, 2013; and 

WHEREAS, the Board of County Commissioners, reviewed and considered all 

comments received during said public hearings, and provided for necessary revisions; and 

NOW THEREFORE, BE IT ORDAINED by the Polk County Board of County 

Commissioners: 

SECTION 1: COMPREHENSIVE PLAN AMENDMENT 

To amend the text of the Comprehensive Plan to add Policy 4.102-A13: City of Lakeland Sector 

Planning Program in the Intergovernmental Element to state that the Sector Plans will be 

considered in land use and facility planning as shown in Attachment “A”.

NOTE: The underlined text indicates proposed additions to the current 

language. The strikeout indicates text to be removed from the current 

ordinance. 

SECTION 2: SEVERABILITY 

If any provision of this Ordinance is held to be illegal, invalid, or unconstitutional by a court 

of competent jurisdiction the other provisions shall remain in full force and effect. 

SECTION 3: EFFECTIVE DATE 

The effective date of this Plan amendment shall be the date a Final Order is issued by the 

Department of Economic Opportunity or Administration Commission finding the 

amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever 

occurs earlier. No development orders, development permits, or land division dependent on 

this amendment may be issued or commence before it has become effective. 

SECTION 4: FILING WITH THE DEPARTMENT OF STATE: 

The Clerk and Auditor to the Board of County Commissioners of Polk County, Florida, shall 

file a certified copy of this ordinance with the Department of State, through the Secretary of 

State, upon adoption by the Board of County Commissioners of Polk County, Florida. 

ADOPTED, in open session of the Polk County Board of County Commissioners with a quorum 

present and voting this 16 th day of April, 2013. 

Page 2 of 3

SECTION 4.102 GENERAL COORDINATION ISSUES 

POLICY 4.102-A13: CITY OF LAKELAND SECTOR PLANNING PROGRAM - The City of Lakeland has 

instituted a sector planning program to help identify strategic issues and a vision for land that may be 

annexed or receive city services in the future. Polk County will participate in the City of Lakeland’s 

Sector Planning Program as it pertains to unincorporated lands. Upon the completion of a sector plan, 

Polk County shall consider said plan in its land use and facility planning for the subject area. The sector 

plans shall serve as a shared resource and guide for planning efforts and shall not be binding in any 

manner upon the County. Sector Plans that include unincorporated areas are: 

a. Southwest, Sector 8 (complete); 

b. Northwest, Sector 7 (complete); 

c. East, Sector 4 (future) 

d. Southeast, Sector 9 (future) 

e. North, Sector 6 (future) 

f. Northeast, Sector 5 (future) 

g. South Central, Sector 3 (future) 

Once drafted, proposed Sector Plans that include unincorporated areas as per above will be shared with 

the Polk County Planning Commission and Board of County Commissioners for their information and 

input prior to the City of Lakeland’s adoption of same. 

Page 3 of 3

Wednesday, December 05, 2012 - Regular Planning ... - Polk County

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