Wednesday, December 05, 2012 - Regular Planning ... - Polk County
Wednesday, December 05, 2012 - Regular Planning ... - Polk County
Wednesday, December 05, 2012 - Regular Planning ... - Polk County
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POLK COUNTY PLANNING COMMISSION<br />
REGULAR MEETING AND PUBLIC HEARING AGENDA<br />
<strong>December</strong> 5, <strong>2012</strong><br />
Should any person decide to appeal any decision made by the Board at this meeting, such<br />
person will need a record of the proceedings and may need to ensure that a verbatim record of<br />
these proceedings is made. An appeal must be filed within seven (7) calendar days after the<br />
hearing by filing a formal application for Level Three only with Land Development Division and<br />
paying the $330 fee.<br />
**********************************************************************************************************<br />
I. CALL WORKSHOP TO ORDER: 8:45 A.M.<br />
A. <strong>Planning</strong> Commission (PC) will discuss agenda items and consider additions,<br />
deferments, withdrawals to published agenda. <strong>Planning</strong> Commission will discuss<br />
any particular agenda item of concern with any <strong>Planning</strong> Commission member.<br />
B. <strong>Planning</strong> Commission will consider and review with staff any upcoming<br />
ordinance revisions, comprehensive plan recommendations or other matters of<br />
concern to the <strong>Planning</strong> Commission.<br />
Note: This first part of the monthly <strong>Planning</strong> Commission agenda is a workshop for the<br />
<strong>Planning</strong> Commission. The public is invited to attend. No official action on any<br />
item will be taken by the <strong>Planning</strong> Commission at the Agenda Workshop. No<br />
public comment will be solicited.<br />
II. CALL PUBLIC HEARING TO ORDER: 9:00 A.M. OR AS SOON THEREAFTER AS<br />
THE PARTICULAR CASE MAY BE HEARD<br />
III. APPROVE MINUTES: November 7, <strong>2012</strong><br />
IV.<br />
Re-ordering of the Agenda - Prior to beginning the Business of the <strong>Planning</strong><br />
Commission, the Commission will evaluate the New Business Items and<br />
determine if any of these items may be handled by the expedited hearing process.<br />
Items that are determined to be heard by the expedited hearing process will be reordered<br />
to the beginning of the Agenda and will be heard first.
<strong>Planning</strong> Commission Meeting<br />
<strong>December</strong> 5, <strong>2012</strong><br />
Page 2<br />
V. OLD BUSINESS:<br />
1. LDC 12T-09-DMS #56029<br />
An Ordinance of the Board of <strong>County</strong> Commissioners, <strong>Polk</strong> <strong>County</strong>, Florida, Land<br />
Development Code amendment LDC 12T-09, amending Ordinance No. 00-09, as<br />
amended, the <strong>Polk</strong> <strong>County</strong> Land Development Code, amending Section 401.04.D, US<br />
Highway 98 Selected Area Plan-Modified Land Use Requirements, and Table 4.12,<br />
Allowable Uses for US Highway 98 SAP, to allow the uses Restaurant, Drive-thru/Drivein<br />
and Financial Institution, Drive Through in the Town Center-X (TCX) land use district<br />
in the US Highway 98 Selected Area Plan; providing for Severability; and providing for<br />
an Effective Date.<br />
VI.<br />
NEW BUSINESS:<br />
2. PD 02-22M/DMS #56070<br />
Todd Bonnett, applicant, AK Oakmont, LLC, owner, request a Planned Development<br />
(PD) Modification to amend conditions of approval to reflect the current master site plan.<br />
The property is located south of State Road 54, east of U.S. Highway 27, west of <strong>County</strong><br />
Road 547, north of Davenport, Florida, in Sections 10 and 15, Township 26, Range 27.<br />
3. DA 03-04M/DMS #56155<br />
AK Oakmont, LLC, a successor in title, to WU-<strong>Polk</strong>, Inc. requests <strong>Polk</strong> <strong>County</strong> consider<br />
an amendment to the existing Development Agreement for the Oakmont Planned<br />
Development and to recognize AK Oakmont, LLC as a successor in title to WU-<strong>Polk</strong>, Inc.<br />
only as to the properties owned by AK Oakmont, LLC; modify the Development<br />
Agreement as to the payment for the Collector Road Extension (Pine Tree Trail); further<br />
define the responsibilities of the Parties; and update the notice requirements for this<br />
amendment. The property is east of US Highway 27, west of Lake Wilson Road, on the<br />
south side of Ronald Reagan Parkway (<strong>County</strong> Road 54), in Sections 03, 10, and 15<br />
Township 26, Range 27.
<strong>Planning</strong> Commission Meeting<br />
<strong>December</strong> 5, <strong>2012</strong><br />
Page 3<br />
4. CU 08-04M/DMS #56064<br />
Carter Engineering, applicant, Better Accuracy Technologies, owner, request a<br />
Conditional Use (CU) Modification in an Agricultural Residential-Rural (A/RR) land use<br />
district to allow expansion of Universal Shooting Academy for competition events from<br />
12 acres to 36 +/- acres. The property is located on the south side of E. State Road<br />
630, east of Walk-in-Water Road, southwest of Indian Lake Estates, east of Frostproof,<br />
Florida, in Sections 21 and 28, Township 31, Range 29.<br />
5. CU 11-04M/DMS #56027<br />
Land Development Co. of Central Florida, owner, requests a Conditional Use (CU)<br />
Modification in an Agricultural/Residential-Rural (A/RR) land use district to allow an<br />
expansion of the approved 82-acre off-road vehicle park to allow foot races and vehicle<br />
oriented recreation on 1,522 additional acres. The property is located south of Avon<br />
Park Cut-Off Road, east of Singletary Road, north of the <strong>Polk</strong>/Hardee <strong>County</strong> Line, in<br />
Sections 29, 30, 31 and 32, Township 32, Range 27.<br />
6. CU 11-<strong>05</strong>M/DMS #56069<br />
John V. Smith, III, applicant, Steven Chen and James Chan, owners, request a<br />
Conditional Use (CU) Modification in an Agricultural/Residential-Rural-X (A/RR-X) land<br />
use district within the Rural Special Protection area of the Green Swamp Area of Critical<br />
State Concern to amend conditions of approval for an existing paintball facility. The<br />
property is located on the east side of US Highway 98, approximately ½ mile north of<br />
Socrum Loop Road West, north of Lakeland, Florida, in Section 02, Township 27, Range<br />
23.<br />
7. CU 12-19/DMS #56063<br />
Econ, applicant, Peninsular District Council, owner, request a Conditional Use (CU) in a<br />
Residential Medium-X (RMX) land use district within the Ronald Reagan Selected Area<br />
Plan (SAP) to allow expansion of an existing church on 2.3 +/- acres. The property is<br />
located east of I-4, west of U.S. Highway 17/92, north of Davenport, Florida, in Section<br />
12, Township 26, Range 27.<br />
8. CU 12-20/DMS #56068<br />
Rick and Marylin Trull, applicants, Marylin (Barkley) Trull, owner, request a Conditional<br />
Use (CU) in a Commercial Enclave (CE) land use district to recognize the existing uses<br />
of vehicle sales, leasing, vehicle service, mechanical and vehicle repair, auto body for<br />
an existing automobile shop on 1.09 +/- acres. The property is located at 6145 State<br />
Road 60 East, on the south side of State Road 60, west of the intersection of State<br />
Road 60 and <strong>County</strong> Road 655 (Rifle Range Road), northeast of Bartow, Florida, in<br />
Section 31, Township 29, Range 26.
<strong>Planning</strong> Commission Meeting<br />
<strong>December</strong> 5, <strong>2012</strong><br />
Page 4<br />
9. CU 12-21/DMS #56115<br />
<strong>Polk</strong> <strong>County</strong> Utilities Division, applicant, <strong>Polk</strong> <strong>County</strong>, owner, request a Conditional Use<br />
(CU) in a Residential Medium (RM) land use district to allow approval for the expansion<br />
of the Edgehill Water Production Facility on 5.95 +/- acres. The property is located east<br />
of U.S. Highway 27, north of Ridgewood Blvd., north of Davenport, Florida, in Section<br />
29, Township 26, Range 27.<br />
10. CPA 13B-01/DMS #56071 (Staff is requesting to continue to January 9, 2013)<br />
An ordinance of the <strong>Polk</strong> <strong>County</strong> Board of <strong>County</strong> Commissioners regarding the<br />
adoption of Amendment CPA 13B-01, an amendment to the <strong>Polk</strong> <strong>County</strong><br />
Comprehensive Plan, Ordinance 92-36, as amended to add approximately 100 acres to<br />
the Brewster Selected Area Plan (SAP) and change the Future Land Use Designation<br />
from Agricultural/Residential-Rural (A/RR) to Leisure/Recreation-X (L./RX); and to<br />
modify the Future Land Use Designation on approximately 20 acres from Phosphate<br />
Mining X (PMX) to Recreation Open Space X (ROSX) and approximately 20 acres from<br />
ROSX to L/RX within the Brewster SAP; all within the Rural Development Area (RDA).<br />
The sites are located north of the <strong>Polk</strong>/Hardee <strong>County</strong> Line, south of <strong>County</strong> Road 630,<br />
west of District Line Road, east of Fort Green Road, southwest of Ft. Meade, Florida, in<br />
Section 22, Township 32, Range 24; Sections 28, Township 32, Range 24; and Section<br />
20, Township 32, Range 24; providing for severability; and providing for an effective<br />
date.<br />
11. CPA 13B-02/DMS #56072<br />
An Ordinance of the <strong>Polk</strong> <strong>County</strong> Board of <strong>County</strong> Commissioners regarding the<br />
adoption of CPA 13B-02, a text amendment to the <strong>Polk</strong> <strong>County</strong> Comprehensive Plan,<br />
Ordinance 92-36, as amended, adding Policy 4.102-A13: City of Lakeland Sector<br />
<strong>Planning</strong> Program in the Intergovernmental Element to state that the Sector Plans will be<br />
considered in land use and facility planning; providing for Severability; and providing for<br />
an Effective Date.
<strong>Planning</strong> Commission Meeting<br />
<strong>December</strong> 5, <strong>2012</strong><br />
Page 5<br />
12. CPA 13B-04/DMS #56133 (Staff is requesting to continue to January 9, 2013)<br />
An ordinance of the <strong>Polk</strong> <strong>County</strong> Board of <strong>County</strong> Commissioners regarding the<br />
adoption of Amendment CPA 13B-04 an amendment to the <strong>Polk</strong> <strong>County</strong> Comprehensive<br />
Plan, Ordinance 92-36, as amended to correct portions of the Future Land Use<br />
designations boundaries due to errors in the legal description in CPA 10A-11 for the<br />
Brewster Selected Area Plan (SAP) and to modify Section 2.131-S addressing<br />
developable acreage within the SAP, recreational uses, and criteria for Preservation X<br />
the Brewster SAP. The property is bordered on the south by the <strong>Polk</strong>/Hardee <strong>County</strong><br />
Line, north and south of C.R. 630, west of District Line Road, east of Fort Green Road,<br />
southwest of Ft. Meade, Florida, in Section 36, Township 31, Range 23; Sections 1, 12,<br />
13 and 24, Township 32, Range 23; Sections 26, 27, 29 thru 35, Township 31, Range<br />
24; and Sections 2 thru 11, 14 thru 23, 26 thru 35, Township 32, Range 24; providing for<br />
severability; and providing for an effective date.<br />
VI.<br />
VII.<br />
Petitions and Remonstrance’s from General Audience<br />
<strong>Planning</strong> Commission Member Reports<br />
ADJOURNMENT:
POLK COUNTY<br />
DEVELOPMENT REVIEW COMMITTEE<br />
STAFF REPORT<br />
DRC Date August 30, <strong>2012</strong> LEVEL: 4<br />
PC Date:<br />
BOCC Date(s):<br />
November 7, <strong>2012</strong> (Con’t)<br />
<strong>December</strong> 5, <strong>2012</strong><br />
January 8, 2013<br />
January 22, 2013<br />
TYPE:<br />
Land Development Code (LDC)<br />
Text Amendment<br />
CASE #: LDC 12T-09<br />
Project Number:<br />
Request:<br />
Applicant:<br />
Case Planner:<br />
56029 (Drive Thru in Town Center-X)<br />
This is an applicant-initiated request for a Land Development Code<br />
text amendment to amend Section 401.04.D, US Highway 98<br />
Selected Area Plan-Modified Land Use Requirements, Section<br />
401.04.I, Ft. Fraser Trail and Table 4.12, Allowable Uses for US<br />
Highway 98 SAP, to allow the uses Restaurant, Drive-thru/Drivein<br />
and Financial Institution, Drive Through in the Town Center-<br />
X (TCX) land use district in the US Highway 98 Selected Area<br />
Plan<br />
Louise W. Moore Family Trust<br />
John M. Bohde, AICP<br />
Summary of Analysis:<br />
The subject request is for a text amendment to the Land Development Code (LDC). Specifically,<br />
the request is to allow two uses in the Town Center (TC) land use district for the US Highway 98<br />
Selected Area Plan (SAP) that are currently not allowed within this district. Those uses are<br />
Restaurant (Drive-thru/Drive-in) and Financial Institution (Drive Through). This amendment<br />
only affects the TC designated parcels within the US Highway 98 SAP. The proposed changes<br />
will also include requiring a Planned Development (PD) approval for any use with a drivethrough<br />
in the TCX district.<br />
The US Highway 98 SAP was adopted by the Board of <strong>County</strong> Commissioners in 2004 along<br />
with accompanying Comprehensive Plan text and map changes. The Comprehensive Plan<br />
specifically established six fundamental principles for the US Highway 98 SAP to establish the<br />
framework to convey the concept and intent of the objectives and policies for this SAP.<br />
Specifically, the Land Use principle has some of the following statements:<br />
• Encourage an efficient and desirable urban-growth pattern by establishing<br />
interconnected land use districts that allow for a balance of residential and<br />
nonresidential uses, a range of housing opportunities, short vehicle trips between<br />
housing, employment, and shopping.<br />
<strong>Planning</strong> Commission Staff Report Page 1 of 3<br />
Level 4/JMB 12/5/<strong>2012</strong> 9:38 AM LDC 12T-09 <strong>December</strong> 5, <strong>2012</strong>
• Enhance the sense of place and viability of the Highland City community by protecting<br />
the existing neighborhood, encourage economic development, and promote civic spaces.<br />
• Encourage uses that are complimentary to the function of the cities of Bartow and<br />
Lakeland as centers of social, commercial, cultural, educational, and civic activities.<br />
• Emphasize existing communities as activity centers to serve the residents of the area.<br />
The TC future land use designation, as established, and among other future land use<br />
designations, is intended to embody these Land Use principles. Policy 2.131-RA4.H of the<br />
Comprehensive Plan states the following when describing the TC land use designation:<br />
TOWN CENTER - The Town Center is the primary cultural and entertainment<br />
district for the overall community especially for Highland City. It is not intended<br />
for any other town Centers to be located within this SAP.<br />
GENERAL CHARACTERISTICS - The Town Center will include dining, cafes,<br />
bars and pubs, retail, boutiques, music venues, professional office, and multifamily<br />
residential. The Town Center shall include a community focus such as a<br />
park, plaza, or lakefront. The Town Center will exist and grow as a mixed-use<br />
area along specific urban design guidelines. The district is envisioned to be<br />
designed as a harmonious grouping of buildings that include cohesive<br />
architecture, and pedestrian spaces.<br />
The TC land use designation is not intended to entirely preclude vehicles, but pedestrian-oriented<br />
uses are intended to be the focus. Being able to live, work and play in one locale without having<br />
to get in your vehicle is the main concept behind the TC district.<br />
When uses such as restaurants and financial institutions include drive-throughs, they typically do<br />
not comport with a true town center as they introduce a vehicle-oriented style of development<br />
and discourage pedestrian movement. This town center within the US Highway 98 corridor is<br />
the only town center land use designation and has been envisioned as the focal point for this SAP<br />
and the overall Highland City area. Having said that, what has been successful thus far in this<br />
SAP are more vehicle-oriented uses; however, there is still a town center feel with pedestrianrelated<br />
activities being encouraged and with multifamily development proposed in close<br />
proximity to the non-residential uses. These uses have been permitted within the town center<br />
land use designation due to the fact that they were vested uses as part of a Planned Development<br />
(PD 02-13) approved prior to the adoption of the US Highway 98 SAP.<br />
Due to the success with these uses and how the design has still attempted to promote pedestrian<br />
activity and walkability amongst uses while still having drive-through uses, staff is willing to<br />
support this amendment to allow a limited number of drive-through uses in other portions of the<br />
TC at specific roadway intersections within the US Highway 98 SAP with the approval of a<br />
Planned Development; thereby giving staff and the <strong>Planning</strong> Commission the opportunity to<br />
fully vet each specific drive-through use requested. This opportunity will afford staff and the<br />
<strong>Planning</strong> Commission to evaluate the design, how it will integrate into the overall town center<br />
and to determine its appropriateness.<br />
Other changes to note are that any use now proposing a drive-through will also require a PD<br />
approval (such as a retail pharmacy use). Additionally, since the TC district is parallel to the<br />
<strong>Planning</strong> Commission Staff Report Page 2 of 3<br />
Level 4/JMB 12/5/<strong>2012</strong> 9:38 AM LDC 12T-09 <strong>December</strong> 5, <strong>2012</strong>
Fort Fraser Trail and proposed drive-through traffic could create a conflict with pedestrians<br />
entering and exiting the trail to and from these uses, staff has outlined in the amendment<br />
additional pedestrian crossing regulations to ensure that the crossings are safe and pedestrians<br />
can safely cross vehicle traffic created by the drive-through use. These criteria are:<br />
• One-way traffic to allow pedestrians to scan for traffic in only one direction;<br />
• Crosswalk markings that require motorists to stop for pedestrians;<br />
• A raised crosswalk that provides direct access to a building entrance or curb extensions to<br />
reduce vehicle speed and reduce the pedestrian crossing distance; and<br />
• The provision of adjacent bicycle and pedestrian amenities, e.g., bicycle rack and<br />
benches, to help channel pedestrians to the enhanced crosswalk.<br />
Findings of Fact<br />
1. This is an applicant-initiated request to amend the text of the Land Development Code to<br />
amend Section 401.04.D, US Highway 98 Selected Area Plan-Modified Land Use<br />
Requirements, Section 401.04.I, Ft. Fraser Trail and Table 4.12, Allowable Uses for US<br />
Highway 98 SAP, to allow the uses Restaurant, Drive-thru/Drive-in and Financial<br />
Institution, Drive Through in the Town Center-X (TCX) land use district in the US<br />
Highway 98 Selected Area.<br />
2. In accordance with Policy 2.131-RA4.H, only one Town Center is intended to be located<br />
within the US Highway 98 Selected Area Plan.<br />
3. The proposed amendment only affects the Town Center (TC) designated parcels within<br />
the US Highway 98 Selected Area Plan.<br />
4. The Fort Fraser Trail parallels the entire eastern side of the TC land use designation<br />
within the US Highway 98 SAP.<br />
Land Development Division Recommendation:<br />
The Land Development Division, based on the information provided with the proposed text<br />
amendment application, finds that the proposed text change request is CONSISTENT with the<br />
<strong>Polk</strong> <strong>County</strong> Land Development Code and the <strong>Polk</strong> <strong>County</strong> Comprehensive Plan. Staff<br />
recommends APPROVAL of LDC 12T-09.<br />
Comments from Other Agencies: None<br />
<strong>Planning</strong> Commission Staff Report Page 3 of 3<br />
Level 4/JMB 12/5/<strong>2012</strong> 9:38 AM LDC 12T-09 <strong>December</strong> 5, <strong>2012</strong>
ORDINANCE NO. 13-______<br />
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS,<br />
POLK COUNTY, FLORIDA, LAND DEVELOPMENT CODE AMENDMENT<br />
LDC 12T-09, AMENDING ORDINANCE NO. 00-09, AS AMENDED, THE<br />
POLK COUNTY LAND DEVELOPMENT CODE, AMENDING SECTION<br />
401.04.D, US HIGHWAY 98 SELECTED AREA PLAN-MODIFIED LAND<br />
USE REQUIREMENTS, 401.04.I, FT. FRASER TRAIL, AND TABLE 4.12,<br />
ALLOWABLE USES FOR US HIGHWAY 98 SAP, TO ALLOW THE USES<br />
RESTAURANT, DRIVE-THRU/DRIVE-IN AND FINANCIAL<br />
INSTITUTION, DRIVE THROUGH IN THE TOWN CENTER-X (TCX)<br />
LAND USE DISTRICT IN THE US HIGHWAY 98 SELECTED AREA PLAN;<br />
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN<br />
EFFECTIVE DATE.<br />
WHEREAS, pursuant to Article VIII, Section I(g) of the Constitution of the State of Florida<br />
and the Local Government Comprehensive Plan and Land Development Regulation Act, Chapter 163,<br />
Part II, Florida Statutes (FS), as amended, (the Act) <strong>Polk</strong> <strong>County</strong> is authorized and required to adopt a<br />
Land Development Regulations consistent with the <strong>Polk</strong> <strong>County</strong> Comprehensive Plan; and<br />
WHEREAS, the Board of <strong>County</strong> Commissioners adopted said Land Development<br />
Regulations on March 1, 2000, titled the <strong>Polk</strong> <strong>County</strong> Land Development Code; and<br />
WHEREAS, Chapter 9, Section 903 of the Land Development Code requires Land<br />
Development Code Amendments to be a Level 4 Review; and<br />
WHEREAS, Chapter 9, Section 907 sets forth the purpose and review process for Level 4<br />
Reviews; and<br />
WHEREAS, pursuant to Section 125.67 of the Florida Statutes, every ordinance shall<br />
embrace but one subject and matter properly connected therewith; and<br />
WHEREAS, pursuant to Section 163.3164 of the Florida Statutes, the <strong>Polk</strong> <strong>County</strong> <strong>Planning</strong><br />
Commission conducted a public hearing, with due public notice having been provided, on the proposed<br />
Land Development Code Amendment on <strong>December</strong> 5, <strong>2012</strong>; and<br />
WHEREAS, the proposed text amendment to the <strong>Polk</strong> <strong>County</strong> Land Development Code<br />
shall be amended to allow the uses Restaurant, Drive-thru/Drive-in and Financial Institution, Drive<br />
Through in the Town Center-X (TCX) land use district in the US Highway 98 Selected Area Plan<br />
and requiring a Planned Development (PD) approval for any use with a drive-through in the TCX<br />
district; and<br />
WHEREAS, the Board of <strong>County</strong> Commissioners, reviewed and considered all comments<br />
received during said public hearing, and provided for necessary revisions; and<br />
NOW, THEREFORE, BE IT ORDAINED by the Board of <strong>County</strong> Commissioners of <strong>Polk</strong><br />
<strong>County</strong>, Florida that:<br />
NOTE: The underlined text indicates proposed additions to the<br />
current language. The strikeout indicates text to be removed from<br />
the current ordinance.
SECTION 1: Section 401.04, US Highway 98 Selected Area Plan of the <strong>Polk</strong> <strong>County</strong> Land Development Code, <strong>Polk</strong> <strong>County</strong> Ordinance No. 00-<br />
09, as amended, shall be amended in the following manner:<br />
Table . - Allowable Uses for US Highway SAP (For revision history, please see last row in table.)<br />
Financial Institution, Drive<br />
Through<br />
Restaurant,<br />
Drive-thru/Drive-in<br />
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<br />
Key to Table: P = Permitted Use; C = Conditional Use/Level of Review<br />
All Other Uses<br />
C2 C3 C2 C2 C3 C3 C2 C2 C2<br />
C3 C3 C2 C2 C3 C2 C2 C2 C2
D. Modified Land Use Requirements<br />
8. Town Center (TCX) - Development within the Town Center shall conform to the<br />
following criteria in addition to all other regulations within this Code:<br />
l. Any use with a drive-through shall be reviewed as a Planned<br />
Development. To minimize the interaction between pedestrians and the<br />
drive-through traffic within the Town Center, uses with drive-throughs<br />
shall only be located at the intersection of a local commercial, collector or<br />
arterial roadway and shall be no closer than 550 feet as measured from the<br />
two closest points of the principal structures. This distance may be<br />
reduced if a collector or arterial road intersects within the 550 foot<br />
separation and the drive-through use is at the intersection of a collector or<br />
arterial road.<br />
m. Any use with a driveway aisle between the Fort Fraser Trail and the<br />
principal structure within the TCX shall comply with the standards listed<br />
in 401.04.I.7 to provide for safe pedestrian crossing points.<br />
nl.<br />
Items a through k above may be modified based on circumstances that<br />
create a significant hardship on the property through a Planned<br />
Development. However, the applicant shall demonstrate how each<br />
requirement is being met by the site plan or why a specific requirement<br />
should be modified.<br />
I. Ft. Fraser Trail<br />
7. In addition to all applicable regulations, the following standards shall apply to<br />
provide a safe crossing point for pedestrians from Ft. Fraser Trail to any use with a<br />
drive aisle between the trail and the principal structure:<br />
a. One-way traffic to allow pedestrians to scan for traffic in only one<br />
direction;<br />
b. Crosswalk markings that require motorists to stop for pedestrians;<br />
c. A raised crosswalk that provides direct access to a building entrance or<br />
curb extensions to reduce vehicle speed and reduce the pedestrian crossing<br />
distance; and<br />
d. The provision of adjacent bicycle and pedestrian amenities, e.g., bicycle<br />
rack and benches, to help channel pedestrians to the enhanced crosswalk.<br />
This may be permitted within the required buffering.
SECTION 2: SEVERABILITY<br />
If any provision of this Ordinance is held to be illegal, invalid, or unconstitutional by a court of<br />
competent jurisdiction the other provisions shall remain in full force and effect.<br />
SECTION 3: EFFECTIVE DATE<br />
This ordinance shall become effective upon filing with the Department of State.<br />
ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY,<br />
FLORIDA this __________ day of ___________________, 2013.
POLK COUNTY<br />
DEVELOPMENT REVIEW COMMITTEE<br />
STAFF REPORT<br />
DRC Date October 4, <strong>2012</strong> LEVEL: Level 3<br />
PC Date: <strong>December</strong> 5, <strong>2012</strong> TYPE: Planned Development Modification<br />
BOCC Date: N/A CASE #: PD 02-22M<br />
Project Number:<br />
Request:<br />
Applicant:<br />
Property Owner:<br />
Location:<br />
Size:<br />
Land Use Designation:<br />
Development Area:<br />
Nearest Municipality:<br />
Case Planner:<br />
56070 (Oakmont Modification)<br />
Modification to existing conditions of approval for a 999 unit<br />
short-term rental community on approximately 638± acres<br />
including detached and attached single family dwellings to reduce<br />
landscaping requirements, gain variance to sign setbacks, and<br />
remove references to a commercial tract and other uses including a<br />
clubhouse, community park, 18 hole golf course with a driving<br />
range and a golf maintenance area that are no longer shown in the<br />
development plan.<br />
Bonnett Design Group, LLC<br />
AK Oakmont, LLC.<br />
South side of Ronald Reagan Parkway (CR 54) approximately<br />
three miles west of US 17/92 and one mile east of I-4, in Sections<br />
3, 10 & 15, Township 26, Range 27.<br />
638± acres<br />
Residential Medium-X (RMX)<br />
Ronald Reagan Parkway Selected Area Plan (SAP)<br />
Transit Supportive Development Area (TSDA)<br />
The nearest municipality is the Town of Davenport, over five miles<br />
to the north.<br />
Erik Peterson, AICP<br />
The applicant is amending the Oakmont Planned Development (PD 02-22) to convert the plan<br />
from a resort style golf course community to solely a residential community. In addition to<br />
removing the conditions relating to the golf course and its accessory uses, the applicant is<br />
requesting an elimination of the buffering that was placed on the development to mitigate the<br />
adverse impacts of a resort community on its two neighboring residential subdivisions. Both staff<br />
and the applicant believe such condition is no longer necessary since the developments have<br />
become similar and compatible uses. Other conditions are being either removed or modified to<br />
recognize requirements that have been met. A new site plan is proposed as well to further the<br />
development’s commitment to a residential project. With that site plan is a request for a setback<br />
variance for the two development signs affixed to the entrance wall features.<br />
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The first phase of the development is constructed and platted. All 325 lots approved with the<br />
first phase are eligible for building permits. Another 80 townhome lots are in for plat review. 594<br />
units remain in the latter phases of the development. In 2006, the BoCC amended the Future<br />
Land Use Map designation for the bulk of the development from RL-4X to RMX. The effect of<br />
the amendment rendered PD 02-22 to legal non-conforming status because the minimum density<br />
in RMX is six (6) units per acre and 999 units on 638 (less1/5 in wetlands) acres is less than two<br />
(2) units per acre. If the project was to meet current requirements, a minimum of 3,048<br />
residential units could be required of the project and the developer is within rights to reach a<br />
maximum of 7,620 residential units without <strong>Planning</strong> Commission approval. However, since PD<br />
02-22 was established prior to the 2006 Future Land Use Map amendment, any increase in the<br />
number of units will require a public hearing to either amend the PD or abrogate it.<br />
The portion of the request relating to the variance for a wall and associated signage is partially<br />
prompted by the dedication of a portion of the property for the construction of Pine Tree Trail.<br />
The original design incorporated the recently constructed road as more of an element of the<br />
project. As it is laid out today, the development does not have as much of a presence on Ronald<br />
Reagan Parkway rather an entrance further south on Pine Tree Trail. The variance will restore<br />
the former presence visually by placing the wall and sign closer to the road right-of-way. A<br />
portion of the wall and sign is proposed for placement within the right-of-way. Approval of such<br />
will be administrative through acceptance of a right-of-way use agreement.<br />
Findings of Fact<br />
● PD 02-22M, currently known as Oakmont, is a residential development comprised of 999<br />
dwelling units, both attached and detached.<br />
●<br />
●<br />
●<br />
●<br />
●<br />
●<br />
There are 4<strong>05</strong> residential building pads constructed and 325 lots are platted within the<br />
development, but no dwelling units are constructed. There is an 80 unit townhome phase<br />
under plat review with previously constructed infrastructure as well.<br />
Each residential building pad has access to a paved road, potable water, wastewater<br />
disposal, and reclaimed water for irrigation.<br />
The site is located within a Residential Medium–X (RMX) Future Land Use district. The<br />
project does not meet the minimum density (six dwelling units per acre). PD 02-22M<br />
was approved by the Board of <strong>County</strong> Commissioners and a portion of the project’s<br />
construction was completed prior to the property becoming RMX; therefore, it is<br />
considered a legal non-conforming use and vested under the current site plan (see Exhibit<br />
4).<br />
Under a <strong>County</strong> initiated amendment to the Comprehensive Plan Future Land Use Map in<br />
2006 (CPA 06B-01), PUD 02-22 (Oakmont) along with other single family residential<br />
developments was changed to RMX, rendering them non-conforming.<br />
Staff has no documentation as to the reason that the PUD was rendered a non-conforming<br />
use or any data to support the public purpose.<br />
The site is located within the Ronald Reagan Parkway Selected Area Plan.<br />
●<br />
PD 02-22 was originally approved for a 999 unit short-term rental community with<br />
28,000 square feet of commercial, an 18-hole golf course, maintenance facility and<br />
driving range on 638± acres in an RL-1X district. The applicant is requesting an<br />
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elimination of the approval for the golf course and driving range along with its associated<br />
maintenance facility.<br />
●<br />
●<br />
●<br />
●<br />
●<br />
●<br />
●<br />
●<br />
●<br />
●<br />
●<br />
Short-term Rental units are permitted as secondary uses to single-family homes in the<br />
Ronald Reagan Parkway Selected Area Plan.<br />
Short-term Rental Units are defined as “A dwelling unit which is made available more<br />
than three times a year for periods of fewer than 30 days or one calendar month at a<br />
time, whichever is less, for use, occupancy or possession by the public, regardless of the<br />
form of ownership of the unit. Dwelling units commonly referred to as “timeshares,<br />
“vacation rentals,” and “holiday rentals” which possess the above characteristics are<br />
included within this definition.”<br />
The site of the existing PUD accesses the newly constructed Pine Tree Trail and will one<br />
day have an additional access point on Bowen Road.<br />
Prior to the opening of the Pine Tree Trail/Ernie Caldwell Boulevard connection to U.S.<br />
Highway 27, over 6,800 vehicles on average passed the Pine Tree Trail intersection on<br />
Ronald Reagan Parkway daily according to the Transportation <strong>Planning</strong> Organization<br />
(TPO) Roadway network database.<br />
Since the approval of the development, there have been infrastructure improvements<br />
made to roadways, utilities, public safety facilities, recreational facilities, and public<br />
school facilities in the immediate area.<br />
Section 720 of the LDC does not require landscape buffering between single family<br />
residential and single family residential.<br />
There are wetlands or floodplains onsite. No development is proposed within them.<br />
There have been sightings of endangered or threatened species within one mile of the site<br />
according to the Florida Natural Areas Inventory (FNAI). A species study was<br />
conducted in the first phase. Land was set aside within the project for protection and<br />
mitigation. This land is designated conservation on the plat.<br />
Based on the projected buildout, there is adequate capacity on Ronald Reagan Parkway<br />
and other roads within the area transportation network to support the development.<br />
There is adequate capacity of potable water and wastewater service to serve the<br />
development based on the projected buildout.<br />
Public Safety Services are at urban levels with professional fire protection service, EMS,<br />
and law enforcement within a three and five mile radius of the site. There is also<br />
overlapping coverage to back up the first responder stations.<br />
Development Review Committee<br />
Based upon the information provided by the applicant and a recent site visit, the Development<br />
Review Committee finds that with the recommended conditions the request IS CONSISTENT<br />
with the surrounding land uses and general character of the area, IS CONSISTENT with the<br />
Comprehensive Plan, and is consistent with the Land Development Code.<br />
DRC Findings/Recommendation Page 3 of 21<br />
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CONDITIONS OF APPROVAL<br />
Based upon the findings of fact the Development Review Committee recommends APPROVAL<br />
of PUD 02-22, a 999 unit short-term rental community on approximately 638± acres including<br />
detached and attached single family dwellings, with the following revised list of conditions:<br />
1. The applicant shall provide a 25 foot landscape buffer with Type “C” Buffer plantings<br />
between the residential lots and Pine Tree Trail at the entrance to the development, a<br />
length of approximately 1,000 linear feet. A modified Type “A” buffer shall be provided<br />
by the applicant on the west side of Pine Tree Trail opposite the development entrance,<br />
approximately 900 feet in length, to minimize glare shining from vehicle headlamps into<br />
the rear properties of the homes in the Briargrove Subdivision. [PLG]<br />
2. The Oakmont PD shall be responsible for payment of $150,000 to <strong>Polk</strong> <strong>County</strong>. The<br />
payments and requirements shall be outlined in the Development Agreement with <strong>Polk</strong><br />
<strong>County</strong>, Case# DA 03-04. [PLG]<br />
3. The developer shall provide such additional right-of-way as may be necessary to create<br />
an 80 foot right-of-way for Bowen Road. Consideration shall be given to existing rightof-way<br />
or maintenance plat. [ENG]<br />
4. The applicant shall provide internal sidewalks to connect all residential tracts, and all<br />
active common areas to Pine Tree Trail. [PLG]<br />
5. The applicant shall provide an entrance onto Bowen Road to be used for public safety<br />
vehicles (Sheriff, Fire & EMS), emergency ingress and egress. [PS]<br />
6. All submitted site plans shall be binding and all conditions of approval herein shall be<br />
reflected on all subsequent submittals to <strong>Polk</strong> <strong>County</strong>. [PLG]<br />
7. The project’s (PD 02-22) landscape irrigation system shall connect to the <strong>County</strong>’s<br />
reclaimed/re-use water system when the system is on-line and available to the site.<br />
[UTL]<br />
8. The applicant shall be granted a 10 foot reduction in the setback for a subdivision wall<br />
and sign to place the subdivision wall sign on or within the right-of-way for Pine Tree<br />
Trail at the intersection of Ronald Reagan Parkway and at the entrance to the<br />
development on what is currently Oakmont Boulevard. [PLG]<br />
9. All prior conditions of approval shall be null and void. [PLG]<br />
GENERAL NOTES<br />
NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development<br />
requirement unless specifically noted in the conditions of approval and consistent with LDC Section 930 D.<br />
NOTE: All written comments made in the application and subsequent submissions of information made during the<br />
application review process, which are on file with the Land Development Division, shall be considered to<br />
be binding upon the applicant, provided such comments are not at variance with the Comprehensive Plan,<br />
LDC or other development regulations in effect at the time of development.<br />
DRC Findings/Recommendation Page 4 of 21<br />
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Table 1<br />
Surrounding Land Use Designations and Current Land Use Activity<br />
Northwest:<br />
RL-4X<br />
PUD 93-07<br />
Bridgewater Crossing<br />
Single Family<br />
West:<br />
RL-4X<br />
PUD 91-03<br />
Briargrove<br />
Single Family<br />
Southwest:<br />
RL-1X<br />
Vacant<br />
Unrecorded Westfield Sub<br />
North:<br />
RL-4X<br />
PUD 93-07<br />
Bridgewater Crossing<br />
Single Family<br />
Subject Property:<br />
RMX, PD 02-22<br />
999 unit Single Family and<br />
townhome development<br />
South:<br />
RMX<br />
Bowen Road<br />
Single family large lots<br />
Northeast:<br />
RL-4X<br />
PUD 90-25<br />
Robbins Rest<br />
Single Family<br />
East:<br />
RL-4X<br />
PUD 91-01<br />
Sunridge Woods<br />
Single Family<br />
Southeast:<br />
RMX, INST-2X<br />
Davenport School of the Arts<br />
Middle School<br />
Phase one of Oakmont is located between two single family suburban residential developments,<br />
which began construction in the early 90s. The remaining undeveloped two thirds of the project<br />
are bounded by relatively vacant land. On one side are a series of landlocked parcels under the<br />
name of Westfield.<br />
Compatibility with the Surrounding Land Uses:<br />
With one third of the project constructed and lots platted and ready for sale, the Oakmont<br />
development is active once again. However, this time it is no longer planned to be a resort style<br />
golf course community. It is a single family development typical of many in the area.<br />
A. Land Uses:<br />
Oakmont (PD 02-22) was first proposed as a resort-style community with a spa and 18-hole golf<br />
course. Then, as now, the site was bounded on either side by established single-family residential<br />
developments; Briargrove to the west and Sunridge Woods to the east. Because Oakmont was<br />
introducing a resort oriented land use into a residential atmosphere, significant buffering and<br />
separation requirements were conditioned to mitigate and offset perceived incompatibilities.<br />
Now that the development has been modified to an identical land use, such conditions are no<br />
longer necessary or supported by county policy. Although the development remains eligible for<br />
short-term rental, so do Briargrove and Sunridge Woods. The applicant will be marketing the<br />
platted lots within the development to single ownership. This will no longer be a resort oriented<br />
community.<br />
B. Infrastructure:<br />
Since the inception of the Oakmont Development, there have been many improvements to<br />
infrastructure in the area. The Northeast Utility Service Area potable water system has been<br />
expanded from 2.5 MGD to over 13 MGD. The wastewater system has increased from 1.5 MGD<br />
to 6 MGD and a reclaimed water system has been developed. A new roadway connection<br />
between Ronald Reagan Parkway (CR 54) and U.S. Highway 27 has been constructed. A new<br />
Sheriff District Command Center has been constructed and staffed in the area. Three new<br />
schools have been constructed (Horizons Elementary, Davenport School of the Arts, and Ridge<br />
Community High). A new regional park has opened. Also, a new fire station has opened<br />
DRC Findings/Recommendation Page 5 of 21<br />
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(Cottonwood). Oakmont is connected to <strong>Polk</strong> <strong>County</strong> water, wastewater and reclaimed water<br />
service. The first phase is constructed, vested, platted and ready for vertical construction.<br />
Nearest and Zoned Elementary, Middle, and High School<br />
When this project was originally proposed, the School Board staff did not perceive it to pose a<br />
significant impact on local schools because it was intended to be a resort community. The first<br />
was vested from the school impact fees as well. However, now the impact appears to be rather<br />
significant since the majority of the development has changed to a typical single family<br />
residential subdivision.<br />
Table 2<br />
Name of School<br />
Loughman Oaks Elementary<br />
Ridgeview Global Elementary<br />
Horizons Elementary<br />
Davenport School for the Arts Middle School<br />
Boone Middle School<br />
Ridge Community Sr. High<br />
Haines City High School<br />
Source: <strong>Polk</strong> <strong>County</strong> School Board<br />
Nearest Sheriff, Fire, and EMS Station<br />
Annual Estimated<br />
Demand<br />
206 students<br />
126 students<br />
118 students<br />
Distance from subject site<br />
±3 miles driving distance<br />
±5 miles driving distance<br />
±8 miles driving distance<br />
±1½ miles driving distance<br />
±14 miles driving distance<br />
±7 miles driving distance<br />
±15 miles driving distance<br />
Ambulance response will be primarily from Fire Station 220 located at 126 Cottonwood Drive.<br />
Travel distance is 5.6 miles and response times should average 10 minutes. Fire response to this<br />
project is primarily from Fire Station 230 located at 510 Ronald Reagan Parkway. Travel<br />
distance to the entrance is 3.1 miles and response times should average seven minutes. Both<br />
stations are staffed 24/7 with career personnel. Response times can vary significantly based on<br />
many factors.<br />
The nearest Sheriff’s substation is the Northeast Command Center on Dunson Road. Sheriff<br />
response times are not as much a function of the distance to the nearest sheriff’s substation, but<br />
more a function of the overall number of patrol officers within the <strong>County</strong>. Dunson road will<br />
eventually connect to Ronald Reagan Parkway at the Champions Gate intersection. It will<br />
improve law enforcement to this area once it does.<br />
Twenty-one (21) fire hydrants were installed within phase one of the project. Every platted lot<br />
within the first phase and the townhouse phase currently under review are is located within 500<br />
feet of a hydrant. The completion of the connection to U.S. Highway 27 south of I-4 through<br />
Pine Tree Trail and Ernie Caldwell Blvd. greatly improved this development’s access to public<br />
safety services. Even though there is only one access point to the project, Pine Tree Trail has<br />
readily available public safety services in either direction. As more units develop within the<br />
project, an access through Bowen Road will open up to provide an access to CR 547, which will<br />
further enhance public safety options.<br />
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Table 3<br />
Name of Station<br />
Distance from<br />
subject site<br />
Response Time<br />
Sheriff<br />
Northeast District Command<br />
(Dunson Road @ North US 27)<br />
±3-5 miles 12 to 15 minutes<br />
Fire Station 230<br />
(510 Ronald Reagan Parkway)<br />
EMS Station 220<br />
(126 Cottonwood Drive)<br />
±3 miles 7 minutes<br />
±5 ½ miles 7 minutes<br />
Source: <strong>Polk</strong> <strong>County</strong> Sheriff’s Office and Public Safety<br />
*Response times are based from when the station receives the call, not from when the call is made to 911.<br />
Water and Wastewater Demand and Capacity:<br />
The Northeast Regional Utility Service Area has seen significant improvements in water and<br />
wastewater service over the last decade. It has the county’s largest re-use water system as well.<br />
Staff anticipates the water and wastewater needs will not change for Oakmont (PD 02-22) as a<br />
result of this modification, since the unit count is to remain the same and the changes in<br />
conditions primarily address landscaping and buffering.<br />
A. Estimated Demand and Service Provider:<br />
This proposed modification will more than likely result in a reduction in the amount of landscape<br />
irrigation since the amount of buffering is being reduced as well as the elimination of the<br />
proposed golf course.<br />
Table 4<br />
Subject Property<br />
Estimated Impact Analysis<br />
638± acres<br />
Demand as<br />
Maximum Permitted<br />
Currently Permitted in the District<br />
Proposed Plan<br />
Permitted Intensity<br />
15 du/ac<br />
999 Unit Single Family<br />
999 Unit Single Family<br />
Multifamily<br />
Residential<br />
Residential<br />
(9,570 units)<br />
Potable Water<br />
Consumption (GPD)<br />
359,640 GPD 1,834,860 GPD 359,640 GPD<br />
Wastewater<br />
Generation (GPD)<br />
269,730 GPD 1,722,600 GPD 269,730 GPD<br />
Source: <strong>Polk</strong> <strong>County</strong> Concurrency Manual & <strong>Polk</strong> <strong>County</strong> Utilities<br />
<strong>Polk</strong> <strong>County</strong> Utilities is the service provider for water, wastewater service, and reuse water for<br />
irrigation. The site is in the Northeast Utility Service Area (NERUSA). The first phase is served<br />
by a 12 inch water line, a 12 inch sewer line, and an 8 inch reclaimed water line.<br />
B. Available Capacity:<br />
The Northeast Utility Service Area is permitted for 10,599,200 GPD. Current flow is at<br />
approximately 6,254,000 GPD. There is approximately 3,923,000 GPD allocated to projects with<br />
entitlements leaving 422,000 GPD in uncommitted capacity. The first phase of Oakmont is part<br />
of the allocated projects. The commitments are firm for that phase since it was permitted to be<br />
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platted. The residual phases will require capacity commitments in the future as they recive<br />
approvals for their Level 2 Review plans.<br />
Once the improvement to the Northeast Wastewater Treatment Plant is completed, it will be<br />
permitted to treat 6,000,000 GPD. Current flow is approximately 1,965,000 GPD. There is<br />
currently 848,000 GPD in entitled commitments. The first phase of Oakmont is part of the<br />
entitled commitments.<br />
C. Planned Improvements:<br />
New wells are being added to the system at Loma Linda, Edgehill, and Holly Hill that will add<br />
capacity to the overall system. Also, additional ground storage reservoirs have been added to the<br />
system that will improve the consistency of water pressure throughout. With the system<br />
improvements to both water and wastewater service, there should be adequate capacity to serve<br />
the residual phases of the development when they come in for design and permitting.<br />
Roadways/ Transportation Network<br />
There will be no increase in estimated, proposed, planned or anticipated demand on the existing<br />
and future roadway network. Were it not for Oakmont, the recent roadway improvements, Pine<br />
Tree Trail and Ernie Caldwell Blvd. may not have come to fruition. And now that the facilities<br />
are completed, there is an abundance of roadway capacity to support this project as well as<br />
others.<br />
A. Estimated Demand:<br />
The proposed modification to Oakmont (PD 02-22) will not change the number of units<br />
originally permitted in the development and is actually less than what is permitted by right on the<br />
property as it is now classified on the Future Land Use Map as RMX. The proposed<br />
development will be approximately 1/5 as intense as what is permitted today.<br />
Table 5<br />
Subject Property<br />
638± acres<br />
Permitted Intensity<br />
Demand as<br />
Currently Permitted<br />
999 Unit Single Family<br />
Residential<br />
Estimated Impact Analysis<br />
Maximum Permitted<br />
in the District<br />
15 du/ac<br />
Multifamily<br />
(9,570 units)<br />
Proposed Plan<br />
999 Unit Single Family<br />
Residential<br />
Average Annual Daily<br />
Trips (AADT)<br />
7,803 56,081 7,803<br />
PM Peak Hour Trips 1,009 4,977 1,009<br />
Source: <strong>Polk</strong> <strong>County</strong> Concurrency Manual<br />
B. Available Capacity:<br />
From the Pine Tree Trail entrance, traffic has three ways to go. Historically, the primary vehicle<br />
movement choice in this area has been to gravitate towards I-4 for connection to the Orlando or<br />
Tampa Metro Areas. The more direct route is to CR 54 onto Lake Wilson Road then Left of 532<br />
to I-4. With the connection of Ernie Caldwell Blvd. to U.S. 27, there may be some alleviation.<br />
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Table 6<br />
Link #<br />
Road Name<br />
Current Level<br />
of Service<br />
(LOS)<br />
Available PM<br />
Peak Hour<br />
Capacity<br />
Minimum<br />
LOS<br />
Standard<br />
7304E<br />
CR 54 (Ronald Reagan Parkway)<br />
From: Champions Gate Blvd. To: Lake Wilson Rd.<br />
A 1,275 C<br />
7304W<br />
CR 54 (Ronald Reagan Parkway)<br />
From: Lake Wilson Rd. To: Champions Gate Blvd<br />
A 1,371 C<br />
8215N<br />
Lake Wilson Road<br />
From: CR 54 (Ronald Reagan Pkwy) to: CR 532<br />
D 220 D<br />
8215S<br />
Lake Wilson Road<br />
From: CR 532 to: CR 54 (Ronald Reagan Pkwy)<br />
C 338 D<br />
5110N<br />
U.S. Highway 27<br />
From: CR 547 To: I-4<br />
C 514 D<br />
U.S. Highway 27<br />
5110S<br />
B 752 D<br />
From: I-4 To: CR 547<br />
Source: <strong>Polk</strong> <strong>County</strong> Transportation <strong>Planning</strong> Organization, Concurrency Roadway Network Database June <strong>2012</strong><br />
C. Roadway Conditions:<br />
The <strong>County</strong> does not track pavement conditions on State or private roadways because they are<br />
not a local maintenance responsibility. However, using the PASER method, staff has determined<br />
the pavement to be within above average thresholds on U.S. Highway 27 and I-4. Pinetree Trail,<br />
CR 54 and Ernie Caldwell Blvd. are relatively new roads. Lake Wilson Road is under <strong>County</strong><br />
maintenance and rated “Excellent” condition according to the Pavement Surface Evaluation and<br />
Rating (PASER) method established by the Transportation Information Center at the University<br />
of Wisconsin-Madison.<br />
D. Planned Improvements:<br />
Many of the necessary external roadway improvements needed to support this project have been<br />
constructed. Through development of the first phase of Oakmont, Pine Tree Trail was<br />
constructed, which connects Ernie Caldwell Boulevard to Ronald Reagan Parkway (CR54).<br />
Ernie Caldwell Boulevard will eventually connect to U.S. Highway 17/92. However, it is not in<br />
the Current Community Investment Program. The following table lists the projects currently<br />
funded in the CIP and the Transportation <strong>Planning</strong> Organization’s (TPO) current work program.<br />
Table 7<br />
Road<br />
Fiscal Year CIP<br />
(Construction)<br />
North Ridge Trail 2007-<strong>2012</strong><br />
Project Description<br />
Construct a new 2 lane road from Sand Mine Road (at Highlands<br />
Reserve Subdivision near Berry Town Center) to Deen Still Road<br />
(approx. 4.1 miles). New roadway is intended to separate local<br />
residential traffic from regional (truck) thru-traffic to help maintain<br />
an acceptable level of service on US27. As an alternate route for<br />
local traffic, new roadway will enhance safety. Cross connections to<br />
the east side of US27 already exist at several adjoining subdivisions.<br />
Linear park concept of aesthetic enhancements roundabouts,<br />
sidewalks, recreational path, stamped concrete, ornamental lighting,<br />
and irrigated landscaping) included in design. Posted speed to be 30<br />
MPH on mainline and lowered to 20 MPH at medians and 15 MPH<br />
at traffic circles (roundabouts).<br />
U.S. Highway 27 <strong>2012</strong>-2020 Widen from four to six lanes<br />
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U.S. Highway 27, from Berry Road to U.S. 192 has recently been approved by the TPO Board<br />
for construction in the next fiscal year to be widened to six lanes. The link where Ernie Caldwell<br />
Boulevard connects has been widened to six lanes.<br />
E. Mass Transit<br />
There are no mass transit routes currently within this area of the <strong>County</strong>. The closest is the Lynx<br />
system (Central Florida Transit Authority) that serves U.S. 192 to the north. However, there is a<br />
route planned under the Transportation <strong>Planning</strong> Organization’s (TPO) 2035 Mobility Vision<br />
Plan. This route will run from the Four Corners Park and Ride on US Highway 192 to Posner<br />
Park at I-4 and U.S. Highway 27. At U.S. Highway 192, a transfer can be made to Route #55<br />
which connects to other routes within the Orland Metropolitan area’s LYNX System. Although<br />
this route will still not connect to the Oakmont project, it will bring mass transit closer to the<br />
area.<br />
Environmental Conditions<br />
Given the size of the property, the site has a cornucopia of different land forms within it; sandy<br />
uplands, wetlands, creeks and ponds. Much of it had been in citrus production, row crops, or<br />
pasture at one time. In the Late 60s a channel was dredged to drain the wetland areas. Through<br />
the recent development of the property for residential, the channel has been removed and the<br />
historical wetland formations have been restored.<br />
A. Surface Water:<br />
There are a few small and intermittent ponds within the site. The nearest water bodies are the<br />
small lakes to the north that were created from the sand mining conducted in the 80s and 90s.<br />
This side of the Lake Wales Ridge is in the Kissimmee River Basin. Ultimately, runoff from this<br />
property will find its way to Horse Creek and on to Lake Hatchineha and the Kissimmee River.<br />
But, it has to travel through a lot to get there.<br />
B. Wetlands/Floodplains:<br />
Both the current phases as well as the conceptual plan for the future phases have been designed<br />
around the jurisdictional wetlands as physically surveyed onsite.<br />
C. Soils:<br />
The majority of the site has suitable soils for residential development connected to central<br />
utilities. The aerial photos demonstrate that a substantial amount of fill dirt was brought in to<br />
further stabilize and level the lot pads. The plans approved for this development were designed<br />
with a comprehensive lot grading plan.<br />
DRC Findings/Recommendation Page 10 of 21<br />
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Table 8<br />
Soil Name<br />
Septic Tank<br />
Absorption Field<br />
Limitations<br />
Limitations to Dwellings<br />
w/o Basements<br />
% of Site<br />
(approximate)<br />
Tavares (15) Moderate: wetness Slight 25%<br />
Smyrna (17) Severe: wetness, poor filter Severe: wetness 15%<br />
Immokalee (21) Severe: wetness Severe: wetness 5%<br />
Placid (25) Severe: ponding, poor filter Severe: ponding 5%<br />
Lochloosa (26) Severe: wetness Slight 5%<br />
Basinger (36) Severe: ponding, poor filter Severe: ponding 15%<br />
Astatula (46) Slight Slight 25%<br />
Udorthorents (58) n/a n/a 5%<br />
Source: Soil Survey of <strong>Polk</strong> <strong>County</strong>, Florida, USDA, Soil Conservation Service<br />
D. Protected Species<br />
The site is located within one mile of an endangered species sighting as designated by the Florida<br />
Natural Area Inventory of 2002. A species study was conducted in the first phase. Land was set<br />
aside within the project for protection and mitigation. This land is designated conservation on<br />
the plat.<br />
E. Archeological Resources:<br />
There are no protected archeological resources in Section Sections 3, 10 & 15, Township 26,<br />
Range 27, according to the Florida Department of State, Division of Historical Resources.<br />
F. Wells (Public/Private)<br />
There is a public use well approximately ±0.6 miles to the north of the entrance to PD 02-22M<br />
(Oakmont). This is the Loma Linda water production facility that provides a portion of the water<br />
capacity, in the area.<br />
G. Airports:<br />
The site is not within any public airport flight paths or buffer zones.<br />
Park Facilities:<br />
There is a newly constructed regional recreational facility seven miles (8½ mi. driving distance) to<br />
the north that contains at least six lighted soccer/football fields, five lighted baseball fields,<br />
basketball, tennis, and racquetball courts, concession facilities, boat access to Lake Davenport as<br />
well as playground facilities for children and dog walks. There is also a neighborhood park in<br />
Loughman 2 ½ miles to the east.<br />
A. Location:<br />
The <strong>County</strong>’s Northeast Regional Park is located at 1317 U.S Highway 27, less than 1¼ south of<br />
US Highway 192. Loughman Park is at 6302 Old Kissimmee Road.<br />
DRC Findings/Recommendation Page 11 of 21<br />
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B. Services:<br />
At the Northeast Regional Park, there are six lighted soccer/football fields, five lighted baseball<br />
fields, basketball, tennis, and racquetball courts, concession facilities, boat access, as well as<br />
playground facilities for children and dog walks. Loughman Park has basketball courts, lighted<br />
soccer fields, picnic facilities and a tot-lot.<br />
C. Planned Improvements<br />
There are no further recreation improvements scheduled for this quadrant of the <strong>County</strong> at this<br />
time.<br />
Economic Factors:<br />
As a resort community, Oakmont entered the market too late and was priced higher than other<br />
options available in the area, at the time. As a result, modifications were made to the project to<br />
adapt it to a more current market demand. A CDD was created, and infrastructure was constructed<br />
through its bonds. Constriction did not begin until 2007 and lots were not platted until late in the<br />
year. By the time a product was available, the housing market was into an historic decline. The<br />
development underwent foreclosure. Now that the housing market is showing signs of recovery,<br />
demand for the project is on the rise. At this time there are no plans for a golf course or any other<br />
non-residential uses of the magnitude that was earlier proposed. The applicant is seeking leniency<br />
on several of the earlier conditions that were intended to mitigate the differences between Oakmont<br />
and its neighboring developments. These additional buffering and screening measures are no<br />
longer necessary since the development now embodies the same land uses and intensities as its<br />
neighbors. Reducing these additional landscaping and maintenance requirements will bring down<br />
the per lot cost of development and help to make the project more competitive in the market.<br />
Consistency with the Comprehensive Plan:<br />
POLICY 2.131 B.2.1.A10 RESIDENTIAL MEDIUM (RMX) of the Ronald Reagan Parkway<br />
SAP permits a maximum density of 15 dwelling units per acre and a minimum residential<br />
density of six dwelling units per acre (6 DU/AC). It also allows live work units, but is limited to<br />
units with at grade access. Accessory retail establishments may be developed within residential<br />
developments with respect to their size, not to exceed 20,000 square feet. This development<br />
proposes nothing within the parameters of what is permitted by right in RMX. It is strictly a<br />
residential development of relatively low density that permits short-term rental the same as other<br />
residential districts in the Ronald Reagan Parkway SAP. It was RL-1X prior to 2006 (CPA 06B-01).<br />
<strong>County</strong> staff rezoned numerous areas throughout the northeast quadrant of the county to much<br />
higher densities and non-residential uses based on a study that found there were not enough land<br />
uses of the type available to meet market demand in the future. The result of such a broad brush<br />
of assumptions rendered several low intensity developments such as this non-conforming.<br />
Comments from other Agencies:<br />
None.<br />
EXHIBITS<br />
1 – Location Map<br />
2 – Future Land Use Map<br />
3 – <strong>2012</strong> Aerial Photo<br />
4 – Site Plan<br />
5 – Utility Lines in Phase I<br />
6 – Proposed Changes to Conditions<br />
7 – Sign Variance Request Site Plans<br />
DRC Findings/Recommendation Page 12 of 21<br />
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Exhibit 1<br />
LOCATION MAP<br />
DRC Findings/Recommendation Page 13 of 21<br />
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Exhibit 2<br />
FUTURE LAND USE MAP<br />
DRC Findings/Recommendation Page 14 of 21<br />
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Exhibit 3<br />
<strong>2012</strong> AERIAL PHOTO<br />
DRC Findings/Recommendation Page 15 of 21<br />
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Exhibit 4<br />
SITE PLAN<br />
DRC Findings/Recommendation Page 16 of 21<br />
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Exhibit 5<br />
Utility Lines in Phase I<br />
(2009 Aerial Photo)<br />
DRC Findings/Recommendation Page 17 of 21<br />
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Exhibit 6<br />
PROPOSED MODIFICATIONS TO CONDITIONS OF APPROVAL<br />
1. The proposed <strong>County</strong> collector road shall be an 80 foot right-of-way with a minimum<br />
Type IV intersection improvement at CR 54 and be constructed from CR 54 to the<br />
project’s entrance concurrent with Phase 1. The proposed <strong>County</strong> collector roadway<br />
shall be designed to accommodate a posted 35 mph speed limit. The applicant shall<br />
provide a 25 foot landscape buffer with Type “C” Buffer plantings along the entire length<br />
of the east side of the new <strong>County</strong> collector roadway between the residential lots and Pine<br />
Tree Trail at the entrance to the development, a length of approximately 1,000 linear feet.<br />
A 25 foot landscape buffer shall be provided on the west side of the proposed <strong>County</strong><br />
collector roadway from CR 54 to the limits set in condition #9. A modified Type “A”<br />
buffer shall be provided by the applicant on the west side of Pine Tree Trail opposite the<br />
development entrance, approximately 900 feet in length, to minimize glare shining from<br />
vehicle headlamps into the rear properties of the homes in the Briargrove Subdivision.<br />
2. Prior to Level 2 Review approval, the developer shall dedicate, to <strong>Polk</strong> <strong>County</strong>, the 80<br />
foot collector road right of way along the western boundary of the Planned Development<br />
as noted on the plan. [COMPLETED]<br />
3. The applicant shall dedicate additional road right-of-way along the CR 54 frontage to<br />
ensure that there is a minimum 40 feet of right-of-way measured from the centerline of<br />
CR 54. [COMPLETED]<br />
4. All maintenance facilities shall be located within the interior portions of the development<br />
and shall be located no less than 300 feet from any off-site residential property line. [No<br />
longer proposed on plan]<br />
5. The applicant shall install a six foot high vinyl clad chain link fence along the boundary<br />
of Sunridge Woods. [COMPLETED]<br />
6. No stormwater retention ponds shall be located between Oakmont Boulevard and the<br />
homes on Foggy Creek Road. [Applicant Request]<br />
7. The golf course shall be developed concurrently with the proposed residential<br />
development. [The residential development is built, golf course no longer in plan]<br />
8. Where the proposed collector road is adjacent to homes on Sunset Court and Meadow<br />
Green Drive, a landscaped buffer of 50 feet shall be provided. Where the road is adjacent<br />
to Sunset Court, Meadow Green Drive, Foggy Creek Road and Bent Oak Loop, a 50 foot<br />
buffer, or storm water lake, shall be provided as show on the Planned Development Plan<br />
as approved by the <strong>Planning</strong> Commission. The landscape buffer shall consist of a<br />
meandering, undulating berm of three to five feet high supplemented with landscape<br />
shrubs to provide a minimum height of five feet at planting with a 40 percent opacity.<br />
The landscape buffer shall have the capability at attaining a 80 percent opacity within two<br />
years. Tree planting shall be provided at not more than 40 foot intervals. The required<br />
buffer shall be completed prior to the issuance of a Certificate of Occupancy. The<br />
landscape buffer shall be in addition to the street right-of-way. [Applicant Request]<br />
DRC Findings/Recommendation Page 18 of 21<br />
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PROPOSED MODIFICATIONS TO CONDITIONS OF APPROVAL<br />
9. Where the collector road abuts lots along the Briar Grove subdivision, specifically, lots<br />
120 126 and lots 234-238 along Grove Park Drive and Lot 233 on Thornbush Parkway,<br />
the developer shall provided a landscape screening consisting of shrubs and trees. This<br />
landscape screen shall consist of planting with a minimum height of three feet at the time<br />
of planting and be capable of attaining a height of five feet within two years. Tree<br />
planting shall be at intervals of 40 feet and shall not conflict with height restrictions<br />
adjacent to the power line easement. Existing vegetation meeting the buffer requirement<br />
may be utilized in lieu of landscaping. [Applicant Request]<br />
10. All new lots adjacent or abutting the Sunridge Woods Subdivision, specifically Tract 3<br />
(single family detached villas) & Tract 5 (residential villas) shall be the average lot size<br />
(width and depth) or larger lot size as those lots within Sunridge Woods (adjacent lots).<br />
[Applicant Request]<br />
112. Prior to the issuance of the first building permit, the developer shall tender $150,000<br />
cash, or unconditional letter of credit, in favor of <strong>Polk</strong> <strong>County</strong>. These funds shall be used<br />
to extend the collector road south and east to its intersection with <strong>County</strong> Road 547. Any<br />
interest earned on deposited funds shall be retained by the <strong>County</strong> and the <strong>County</strong> shall<br />
have up to five years to utilize the funds in the prosecution of the transportation facility.<br />
Any funds not expended by the <strong>County</strong> within this five year period shall be refunded to<br />
the developer. The Oakmont PD shall be responsible for payment of $150,000 to <strong>Polk</strong><br />
<strong>County</strong>. The payments and requirements shall be outlined in the Development<br />
Agreement with <strong>Polk</strong> <strong>County</strong>, Case# DA 03-04.<br />
123. The developer shall provide such additional right-of-way as may be necessary to create<br />
an 80 foot right-of-way for Bowen Road. Consideration shall be given to existing rightof-way<br />
or maintenance plat.<br />
134. The applicant shall provide sidewalks a minimum of four (4) feet in width along the<br />
entire frontage on CR 54. Additionally, the applicant shall construct sidewalks along the<br />
entire eastern side of the new <strong>County</strong> collector road to the project’s gated entrance and<br />
along the western side of the <strong>County</strong> collector road to the proposed access point to the<br />
commercial area. [COMPLETED] The applicant shall provide internal sidewalks to<br />
connect all residential tracts, the commercial tract, the clubhouse and all active common<br />
areas to Pine Tree Trail.<br />
145. The applicant shall provide an entrance onto Bowen Road to be used for public safety<br />
vehicles (Sheriff, Fire & EMS), emergency ingress and egress.<br />
15. The applicant shall provide a 10 foot wide landscape buffer along the boundary of<br />
Sunridge Woods, specifically the boundary within Tracts 3 & 5, shall to be installed prior<br />
to the issuance of building permits for units within Tracts 3 & 5 abutting Sunridge<br />
Woods. This landscaped buffer shall be on a designated open space/landscape tract<br />
dedicated to the Home Owners Association (HOA) or similar entity.<br />
DRC Findings/Recommendation Page 19 of 21<br />
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PROPOSED MODIFICATIONS TO CONDITIONS OF APPROVAL<br />
16. The applicant shall provide a 10 foot landscape buffer along the east side of the proposed<br />
local internal roadway (east of Hole 5 & 6) and south of the proposed lake/retention area<br />
(adjacent to Pete’s Lane). This landscape buffer shall be installed prior to the<br />
construction of the internal roadway. This landscape buffer shall be on a designated open<br />
space/landscape tract dedicated to the Home Owners Association (HOA) or similar<br />
entity. [No longer proposed on plan]<br />
17. 6. All submitted site plans shall be binding and all conditions of approval herein shall be<br />
reflected on all subsequent submittals to <strong>Polk</strong> <strong>County</strong>.<br />
18. The applicant shall submit plans for Level 2 Review approval for Phase 1 prior to<br />
<strong>December</strong> 11, 2006.<br />
19. 7. The project’s (PD 02-22) golf course and ornamentals landscape irrigation system shall<br />
connect to the <strong>County</strong>’s reclaimed/re-use water system when the system is on-line and<br />
available to the site. (PC-Addition) [Golf Course No longer proposed on plan]<br />
DRC Findings/Recommendation Page 20 of 21<br />
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Exhibit 7<br />
Sign Variance Request Site Plans<br />
DRC Findings/Recommendation Page 21 of 21<br />
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POLK COUNTY<br />
GROWTH MANAGEMENT DEPARTMENT<br />
STAFF REPORT<br />
DRC Date: N/A LEVEL: 4<br />
PC Date: <strong>December</strong> 5, <strong>2012</strong> TYPE: Development Agreement (DA)<br />
BOCC Date (s): January 22, 2013 CASE #: DA 03-04M<br />
Project Number:<br />
Request:<br />
Applicant:<br />
Property Owner:<br />
Size:<br />
Land Use Designation:<br />
Development Area:<br />
Contact Person:<br />
55655 (AK Oakmont,LLC and <strong>Polk</strong> <strong>County</strong> Development<br />
Agreement)<br />
AK Oakmont, LLC requests that <strong>Polk</strong> <strong>County</strong> modify the<br />
existing Development Agreement to recognize AK<br />
Oakmont, LLC as a successor in title to WU-<strong>Polk</strong>, Inc. only<br />
as to the properties owned by AK Oakmont, LLC; modify<br />
the Development Agreement as to the payment for the<br />
Collector Road Extension (Pine Tree Trail); further define<br />
the responsibilities of the Parties; and update the notice<br />
requirements for this amendment.<br />
AK Oakmont, LLC and <strong>Polk</strong> <strong>County</strong><br />
AK Oakmont, LLC<br />
638 ± acres<br />
Residential Medium – X (RMX)<br />
Ronald Reagan Selected Area Plan<br />
Transit Supportive Development Area<br />
Quen Wilson<br />
AK Oakmont, LLC has acquired some of the land within the Oakmont PD (PD) and<br />
intends to develop 325 single family lots. Nothing within the proposed Amendment<br />
limits AK Oakmont, LLC from acquiring additional land within the PD or modifying the<br />
PD conditions.<br />
The current Development Agreement requires the Owner to pay $150,000 in cash or<br />
provide an unconditional Letter of Credit to <strong>Polk</strong> <strong>County</strong> for the southward extension of a
Collector Road (Pine Tree Trail). This is a developer share payment that is required to be<br />
made prior to the first building permit being issued for a structure on the PD.<br />
This first amendment to the Development Agreement is primarily concerned with the<br />
share payment for Pine Tree Trail which has already been funded and constructed by<br />
<strong>Polk</strong> <strong>County</strong>. AK Oakmont, LLC requests that a change be made to the payment method<br />
so that the payment for Pine Tree Trail can be shared by all the developers. The new<br />
payment is proposed to be divided among the residential lots and commercial area, as<br />
follows:<br />
• residential development: $ 136.00 per lot or dwelling unit<br />
• commercial development: $ 509.00 per 1,000 square feet of<br />
gross leasable area<br />
<strong>Polk</strong> <strong>County</strong> would collect this share payment for lots or commercial area until it collects<br />
the total $150,000.<br />
AK Oakmont, LLC has provided <strong>Polk</strong> <strong>County</strong> with a Letter of Credit for $150,000 so that<br />
building permits can be obtained for construction in the PD. The proposed Amendment<br />
establishes a share payment schedule for AK Oakmont, LLC for the initial 325 single<br />
family lots and a return of the Letter of Credit to the bank/AK Oakmont, LLC. Any<br />
additional lots acquired by AK Oakmont, LLC would have the share payment applied<br />
consistent with the above share payment schedule.<br />
Pursuant to the Land Development Code, Section 915, Development Agreements states:<br />
It is the intent of this Section to encourage a stronger commitment to<br />
comprehensive and capital facilities planning, ensure the provision of<br />
adequate public facilities for development, encourage the efficient use of<br />
resources, and reduce the economic cost of development, all in conformity<br />
with and to carry out the purposes of the <strong>Polk</strong> <strong>County</strong> Comprehensive<br />
Plan and the Local Government Comprehensive <strong>Planning</strong> and Land<br />
Development Regulation Act.<br />
Section 915, Development Agreements continues:<br />
This intent is affected by exercising the authority granted the <strong>County</strong> to<br />
enter into Development Agreements with applicants under Sections<br />
163.3220 through 163.3243, F.S. This Section shall be regarded as<br />
supplemental and additional to the powers conferred upon the <strong>County</strong> by<br />
other laws and shall not be regarded as derogation of any powers now<br />
existing.
In accordance with Section 915, Development Agreements of the Land Development<br />
Code and Chapter 163.3220 through 163.3243, Florida Statutes, staff’s opinion is that<br />
this Agreement will strengthen the public planning process, encourage sound capital<br />
improvement planning and financing, assist in assuring there are adequate capital<br />
facilities for the development, encourage private participation in comprehensive planning<br />
and reduce the economic costs of development. The Development Agreement will<br />
enable the developer to proceed with development without concern over potable water,<br />
sanitary sewer, and transportation concurrency.<br />
The Office of <strong>Planning</strong> and Development, based on the current information, finds that the<br />
proposed request IS consistent with the surrounding land uses and general character of<br />
the area; IS consistent with the <strong>Polk</strong> <strong>County</strong> Land Development Code and IS consistent<br />
with the <strong>Polk</strong> <strong>County</strong> Comprehensive Plan.<br />
Office of <strong>Planning</strong> and Development Recommendation: Based upon the information<br />
provided by the applicant and staff research, the Office of <strong>Planning</strong> and Development<br />
recommends APPROVAL of DA 03-04M.<br />
Exhibit 1:<br />
Exhibit 2:<br />
Exhibit 3:<br />
Exhibit 4:<br />
Location Map<br />
Aerial Photograph<br />
Development Agreement<br />
Proposed First Amendment
Exhibit 1<br />
Location Map<br />
SITE<br />
Source: Google Maps, <strong>2012</strong>.
Exhibit 2<br />
Aerial Photograph<br />
SITE<br />
Source: Google Maps, <strong>2012</strong>.
Exhibit 3<br />
Development Agreement
Exhibit 4<br />
Proposed First Amendment
DRAFT<br />
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR<br />
OAKMONT PLANNED DEVELOPMENT<br />
This Amendment to Development Agreement for Oakmont Planned Development<br />
(hereinafter referred to as the “Amendment”) is made and entered into on this<br />
_________day of ____________, 2013, by and between AK OAKMONT, LLC, a Florida<br />
Limited Liability Company, whose address is 8875 Hidden River Parkway, Suite 150,<br />
Tampa, Florida 33637 (hereinafter referred to as “Owner”), who is a successor in<br />
interest to the WU <strong>Polk</strong>, Inc., a Delaware corporation, whose address is 4550 Post Oak<br />
Place, Suite 220, Houston, Texas, 77027; and POLK COUNTY, a political subdivision of<br />
the State of Florida, whose address is 330 West Church Street, Bartow, Florida 33830<br />
(hereinafter referred to as “<strong>Polk</strong> <strong>County</strong>”). The Owner and <strong>Polk</strong> <strong>County</strong> are hereinafter<br />
referred to individually as a “Party” and collectively as the “Parties.”<br />
WITNESSETH:<br />
WHEREAS, <strong>Polk</strong> <strong>County</strong> approved The Oakmont Planned Development, No. 02-<br />
22, on <strong>December</strong> 20, 2002 (previously known as PUD 98-21 and hereinafter referred to<br />
as the “Oakmont PD”) for the development of the property described on Exhibit “A”<br />
attached hereto;<br />
WHEREAS, <strong>Polk</strong> <strong>County</strong> entered into a Development Agreement with WU <strong>Polk</strong>,<br />
Inc., dated May 15, 2003 regarding the development of the Oakmont PD (the<br />
“Development Agreement”), which was recorded in the Public Records of <strong>Polk</strong> <strong>County</strong>,<br />
Florida on May 28, 2003, in O.R. Book <strong>05</strong>376, beginning at Page 300;<br />
WHEREAS, <strong>Polk</strong> <strong>County</strong> approved the plat for Oakmont Phase 1 on February 6,<br />
2008, and the plat is recorded in the Public Records of <strong>Polk</strong> <strong>County</strong>, Florida in Plat Book<br />
148, Pages 16 – 30;<br />
WHEREAS, AK Oakmont, LLC purchased the portion of Phase 1 of the Oakmont<br />
Planned Development described on Exhibit “B” attached hereto (the “AK Oakmont<br />
Property”) on August 30, <strong>2012</strong>, and desires to develop these lots contained into<br />
residential dwelling units;<br />
WHEREAS, the Parties have agreed to amend the Development Agreement as<br />
to the AK Oakmont Property as set forth; and<br />
1 of 16
DRAFT<br />
WHEREAS, Regions Bank has issued Irrevocable Letter of Credit No. 55106191<br />
with the beneficiary as <strong>Polk</strong> <strong>County</strong>, consistent with Paragraph 3.6 of the Development<br />
Agreement, as hereby amended.<br />
NOW, THEREFORE, in consideration of the premises hereof, the mutual<br />
covenants contained herein, and other good and valuable consideration, the receipt and<br />
sufficiency of which is hereby acknowledged, the parties hereto covenant and agree as<br />
follows:<br />
ARTICLE I<br />
RECITALS, DEFINITIONS AND PURPOSE<br />
1.1 Recitals. The Recitals stated above are an integral part of this<br />
Amendment to the Development Agreement and are incorporated herein by reference<br />
as if fully set forth herein.<br />
1.2 Definitions. Terms which are capitalized herein shall be defined as set<br />
forth in the recitals above or as noted in the following articles.<br />
is to:<br />
1.3 Purpose. The purpose of this Amendment to the Development Agreement<br />
• recognize the Owner as a successor in interest to WU <strong>Polk</strong>, Inc. only as to the<br />
AK Oakmont Property;<br />
• define the Party’s respective rights and obligations in reference to the<br />
Development Agreement; and<br />
• provide notice requirements for this Amendment.<br />
1.4 Planned Development. Nothing in this Amendment shall prevent the<br />
Owner from modifying the PD consistent with the <strong>Polk</strong> <strong>County</strong> Comprehensive Plan and<br />
Land Development Code..<br />
1.5 Development Agreement. The Development Agreement shall remain a<br />
valid Development Agreement. Nothing in this Amendment shall prevent the Parties<br />
from further amending the Development Agreement consistent with the <strong>Polk</strong> <strong>County</strong><br />
Comprehensive Plan and Land Development Code, and Florida Statutes. Should a<br />
conflict occur between this Amendment and the Development Agreement, this<br />
Amendment will be the determining document.<br />
1.6. Additional Property. Nothing in this Amendment shall limit the Owner<br />
from acquiring additional property within the Oakmont PD. In the event the Owner<br />
acquires additional property within the Oakmont PD, such property shall automatically<br />
be bound by the terms of the Development Agreement, as hereby amended, without<br />
further notice, and the Owner shall be required to pay <strong>Polk</strong> <strong>County</strong> the monies<br />
2 of 16
3 of 16<br />
DRAFT<br />
attributable to such additional property in accordance with Paragraph 3.6 of the<br />
Development Agreement, as hereby amended.<br />
ARTICLE II<br />
TERMS OF AMENDMENT<br />
Pursuant to the terms and conditions set forth in this Amendment, <strong>Polk</strong> <strong>County</strong><br />
and the Owner hereby consent and agree as follows:<br />
2.1 Successor. The Owner is a successor in interest to the AK Oakmont<br />
Property as shown by the deed for the AK Oakmont Property attached hereto as<br />
Exhibit “C”, and Owner hereby represents and warrants that it owns fee simple title to<br />
the AK Oakmont Property, free and clear of any claims, liens, pledges, security interests<br />
and encumbrances of any kind whatsoever, and has full power, right, authority and<br />
capacity to enter this Amendment.<br />
2.2 Duration of Amendment. This Amendment to the Development<br />
Agreement shall begin on the Effective Date of the Amendment and shall expire on July<br />
15, 2013 (which is the date the Development Agreement expires as set forth in<br />
Paragraph 2.2 thereof). This Amendment may be extended beyond the expiration date<br />
of the Development Agreement only by the written consent of the Owner and <strong>Polk</strong><br />
<strong>County</strong>, in conjunction with the consent and participation of all of the present land<br />
owners within the Oakmont PD, subject to public hearings in accordance with Section<br />
163, Florida Statutes and the <strong>Polk</strong> <strong>County</strong> Land Development Code.<br />
2.3 Amendment. Paragraph 3.6 of the Development Agreement is hereby<br />
deleted in its entirety and replaced with the following as to the AK Oakmont Property:<br />
3.6 Collector Road Extension. The Development Agreement<br />
provides that prior to the issuance of any building permits, the Owner of<br />
Oakmont PD shall tender a one-time payment to <strong>Polk</strong> <strong>County</strong> of<br />
$150,000.00 or an unconditional Letter of Credit in the same amount to<br />
<strong>Polk</strong> <strong>County</strong>, to pay for the southward extension of a collector road to<br />
provide sufficient access to the Oakmont PD. <strong>Polk</strong> <strong>County</strong> completed the<br />
collector road extension as contemplated in Paragraph 3.6 of the<br />
Development Agreement, which improvements are now known as Pine<br />
Tree Trial, and were paid for 100% by <strong>Polk</strong> <strong>County</strong>. <strong>Polk</strong> <strong>County</strong> did not<br />
receive any monies from the Owner of Oakmont PD as required in the<br />
Development Agreement, and the Parties agree that Owner shall<br />
reimburse <strong>Polk</strong> <strong>County</strong> for its proportionate share of said costs as set forth<br />
below.
DRAFT<br />
The Oakmont PD includes residential and commercial development<br />
parcels. The Parties agree the overall reimbursement to <strong>Polk</strong> <strong>County</strong> shall<br />
be based on and paid by the Owner as follows:<br />
• Residential development: $ 136.00 per lot or dwelling unit<br />
• Commercial development: $ 509.00 per 1,000 square feet of gross<br />
leasable area<br />
This payment for the residential or commercial development is due at the<br />
time a building permit application is submitted to <strong>Polk</strong> <strong>County</strong> for a<br />
proposed residential or commercial structure. Once <strong>Polk</strong> <strong>County</strong> has<br />
received a total of $150,000.00 from the Owner (or other owner within the<br />
Oakmont PD), <strong>Polk</strong> <strong>County</strong> shall no longer require reimbursement for the<br />
construction of Pine Tree Trail as provided herein.<br />
The above stated payment per lot or dwelling unit is based on 999 lots and<br />
28,000 square feet of gross leasable area, as described in the PD.<br />
Should the number of lots, residential dwellings or commercial area be<br />
modified in any way, the payment shall be adjusted to reflect this change<br />
to insure that <strong>Polk</strong> <strong>County</strong> receives up to but not exceeding $150,000.00<br />
for its construction of Pine Tree Trail, provided, however, <strong>Polk</strong> <strong>County</strong><br />
shall not be obligated to refund Owner any monies whatsoever paid by<br />
Owner to <strong>Polk</strong> <strong>County</strong> prior to such modification.<br />
Owner further agrees that in the event Owner acquires additional property<br />
within the Oakmont PD, such property shall automatically be bound by the<br />
terms of the Development Agreement, as hereby amended, and the<br />
Owner shall be required to pay <strong>Polk</strong> <strong>County</strong> for such additional property in<br />
accordance with this Paragraph 3.6 of the Development Agreement, as<br />
hereby amended.<br />
2.4 Additional Provisions. The following additional provisions are hereby<br />
added to Article III of the Development Agreement:<br />
3.9 Letter of Credit. <strong>Polk</strong> <strong>County</strong> has received and accepted<br />
the Irrevocable Standby Letter of Credit No. 55106191 for $150,000.00<br />
from Regions Bank with <strong>Polk</strong> <strong>County</strong> as the beneficiary of the Letter of<br />
Credit. The Owner may submit building permit applications to <strong>Polk</strong> <strong>County</strong><br />
and <strong>Polk</strong> <strong>County</strong> will issue building permits for residential structures on the<br />
4 of 16
AK Oakmont Property once all the applicable requirements of the <strong>Polk</strong><br />
<strong>County</strong> Comprehensive Plan and Land Development Code, and Florida<br />
Statutes have been satisfied. <strong>Polk</strong> <strong>County</strong> shall surrender this Letter of<br />
Credit to Regions Bank once the two initial payments of the Owner’s share<br />
of the payments for the collector road set forth below have been received<br />
by <strong>Polk</strong> <strong>County</strong> in accordance with Paragraph 3.10 below. If the Owner<br />
has not paid all of their share payment on or before June 15, 2013, <strong>Polk</strong><br />
<strong>County</strong> may draw on the Letter of Credit in accordance with that Letter of<br />
Credit up to but not exceeding the aggregate sum of $150,000.00.<br />
3.10 Terms of Owner’s Payment. The Owner has purchased<br />
325 residential lots that have been approved by <strong>Polk</strong> <strong>County</strong> for residential<br />
use, concurrency has been issued for these lots and a plat has been<br />
approved and recorded; therefore and based on the number of residential<br />
lots set forth above, the Owner’s share of the payment required under the<br />
Development Agreement, as hereby amended, is $44,200.00, which shall<br />
be payable to <strong>Polk</strong> <strong>County</strong> as follows:<br />
DRAFT<br />
• $14,200.00 - No later than 10 calendar days from the Effective Date<br />
of this Amendment;<br />
• $15,000.00 - No later than March 1, 2013;<br />
• $15,000.00 - No later than June 1, 2013.<br />
The Owner’s failure to make the payment on or before the payment dates<br />
will result in <strong>Polk</strong> <strong>County</strong> immediately ceasing to issue building permits for<br />
the development on the AK Oakmont Property until such payment(s) is/are<br />
received. In the event such delinquent payment(s) are made by Owner to<br />
<strong>Polk</strong> <strong>County</strong>, <strong>Polk</strong> <strong>County</strong> shall continue to issue building permits that<br />
meet the applicable requirements for development as set forth in the <strong>Polk</strong><br />
<strong>County</strong> Comprehensive Plan and Land Development Code, and Florida<br />
Statutes.<br />
5 of 16
DRAFT<br />
ARTICLE III<br />
MISCELLANEOUS PROVISIONS<br />
3.1 Notices and Hearings. The Owner and <strong>Polk</strong> <strong>County</strong> hereby consent and<br />
agree to comply with all standards and requirements for notices and hearings<br />
concerning this Amendment, as set forth in Florida Statutes and the <strong>Polk</strong> <strong>County</strong> Land<br />
Development Code. For the purposes of this Amendment, notices to the Parties shall<br />
be as:<br />
Notices to <strong>Polk</strong> <strong>County</strong>:<br />
Chairman<br />
<strong>Polk</strong> <strong>County</strong> Board of <strong>County</strong> Commissioners<br />
330 West Church Street<br />
Bartow, FL 33830<br />
With a copy to:<br />
Notices to the Owner:<br />
<strong>County</strong> Attorney<br />
<strong>Polk</strong> <strong>County</strong> Board of <strong>County</strong> Commissioners<br />
330 West Church Street<br />
Bartow, FL 33830<br />
Concurrency and Entitlements Director<br />
Office of <strong>Planning</strong> and Development<br />
330 West Church Street<br />
Bartow, FL 33830<br />
Mr. Jim Harvey, Manager<br />
AK Oakmont, LLC<br />
8875 Hidden River Parkway<br />
Suite 150<br />
Tampa, FL 33637<br />
6 of 16
DRAFT<br />
With a copy to:<br />
Mr. Jim Harvey, President<br />
Kolter Group<br />
701 S. Olive Avenue<br />
Suite 1<strong>05</strong><br />
West Palm Beach, FL 33401<br />
These notice addresses may be changed by giving written notice to the other Party at<br />
least 30 days prior to the address change.<br />
3.2 Effective Date. This Amendment shall be effective upon the proper<br />
recordation of this Amendment in the Public Records of <strong>Polk</strong> <strong>County</strong>, Florida and<br />
following 30 days after receipt of this Amendment by the Florida Department of<br />
Economic Opportunity. If this Amendment is appealed by the Florida Department of<br />
Economic Opportunity, the Effective Date shall be the date that all the differences are<br />
settled between the Parties.<br />
(Signature Blocks Appear on the Following Pages)<br />
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DRAFT<br />
IN WITNESS WHEREOF, the Parties hereto, through their duly authorized<br />
representatives, have executed this Amendment on the day(s) and year set forth below.<br />
DULY PASSED AND ADOPTED BY THE POLK COUNTY BOARD OF COUNTY<br />
COMMISSIONERS, THIS _________ DAY OF ______________, 2013.<br />
(SEAL)<br />
BOARD OF COUNTY COMMISSIONERS OF<br />
POLK COUNTY<br />
ATTEST:<br />
Richard M. Weiss, <strong>County</strong> Clerk<br />
By:<br />
Chairman<br />
By:<br />
Deputy Clerk<br />
Date: ____________________________<br />
Approved by <strong>County</strong> Attorney<br />
As To Form and Legal Sufficiency<br />
By:<br />
Date: ___________________________<br />
8 of 16
DRAFT<br />
WITNESSES<br />
AK Oakmont, LLC<br />
A Florida Limited Liability Company<br />
Signature<br />
________________________<br />
Print Name<br />
Jim Harvey, Manager<br />
Date: ___________________________<br />
________________________<br />
Signature<br />
_______________________<br />
Print Name<br />
STATE OF FLORIDA<br />
COUNTY OF POLK<br />
The foregoing instrument is hereby acknowledged before me this ____ day of<br />
__________________, <strong>2012</strong>, by _____________________________, as<br />
___________________ of AK Oakmont, LLC, on behalf of the Limited Liability. He/She<br />
is personally known to me or has produced __________________ as identification.<br />
NOTARY PUBLIC:<br />
My Commission Expires:<br />
9 of 16
DRAFT<br />
Exhibit “A”<br />
Legal Description for Oakmont Planned Development<br />
10 of 16
DRAFT<br />
Exhibit “A” (Con’t)<br />
Legal Description for Oakmont Planned Development<br />
11 of 16
DRAFT<br />
Exhibit “B”<br />
Legal Description of AK Oakmont, LLC Property<br />
12 of 16
DRAFT<br />
Exhibit “C”<br />
Special Warranty Deed<br />
13 of 16
DRAFT<br />
Exhibit “C” (Con’t)<br />
Special Warranty Deed<br />
14 of 16
DRAFT<br />
Exhibit “C” (Con’t)<br />
Special Warranty Deed<br />
15 of 16
DRAFT<br />
Exhibit “C” (Con’t)<br />
Special Warranty Deed<br />
16 of 16
POLK COUNTY<br />
DEVELOPMENT REVIEW COMMITTEE<br />
STAFF REPORT<br />
DRC Date: October 4, <strong>2012</strong> LEVEL: 3<br />
PC Date: <strong>December</strong> 5, <strong>2012</strong> TYPE: Conditional Use Modification<br />
BOCC Date: N/A CASE #: CU 08-04M<br />
Project Number:<br />
Request:<br />
Applicant:<br />
Property Owner:<br />
Location:<br />
Size:<br />
Land Use Designation:<br />
Development Area:<br />
Nearest Municipality:<br />
Case Planner:<br />
56064 (Universal Shooting Academy Modification)<br />
Expand the existing firearms training facility to allow competitive<br />
shooting events and increase the number of shooting bays, and add a<br />
16,900 square foot clubhouse building, a 3,600 square foot classroom<br />
building, and other accessory structures on 36 total acres.<br />
Frank Garcia/Better Accuracy Technologies Corporation<br />
Frank Garcia/Better Accuracy Technologies Corporation<br />
Located on the south side of East SR 630, east of Walk-in-Water<br />
Road and west of the Indian Lake Estates community in Sections 21<br />
and 28, Township 31, and Range 29.<br />
36 ± acres<br />
Agriculture/Residential-Rural (A/RR)<br />
Rural Development Area (RDA)<br />
The City of Frostproof is approximately one mile west of the site.<br />
Tom Wodrich, AICP<br />
Summary of Analysis:<br />
The applicant is requesting an expansion to the existing 12 acre firearms training facility to allow<br />
competitive shooting events and increase the number of shooting bays, and add a 16,900 square foot<br />
clubhouse building, a 3,600 square foot classroom building, and other accessory structures on 36<br />
total acres. The original 12 acre site was approved in 2008. The range is not open for public use,<br />
which limits the usage of the site and reduces the potential for impacts. The facility provides small<br />
arms training for law enforcement, military and limited civilian students. A condition of approval<br />
limits the hours of operation to further minimize any impacts caused by this facility.<br />
The applicant is requesting the expansion in order to host competitive firearms events. Due to the<br />
nature of the use, the facility limits the number of participants and visitors to the site. As a result,<br />
DRC Findings/Recommendation Page 1 of 10<br />
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demands upon infrastructure will remain minimal for the proposed expansion and available<br />
infrastructure in this area is sufficient to support the proposed use.<br />
While the proposal will result in an increase in the number of permitted visitors to the site, the<br />
impacts of the site do not expand toward any of the existing neighboring residents. The nearest<br />
residential use is more than ¼ mile east of the site. There have been no Code Violations on this site<br />
since it began operations in 2009.<br />
The primary increase in impacts is anticipated to come in the form of sound impacts and a slight<br />
increase in traffic. Staff evaluated the sound impacts of the site by monitoring gun fire from the site<br />
at the point of the nearest residence east of the site. The gun shots were slightly audible above the<br />
existing noises of the area. These impacts were the equivalent to the sound of popcorn popping in an<br />
adjacent room of the house and were not objectionable.<br />
Development Review Committee<br />
Findings of Fact<br />
1. This application is for expansion to an approved existing firearms training facility to allow<br />
competitive shooting events and increase the number of shooting bays, and add a 16,900<br />
square foot clubhouse building, a 3,600 square foot classroom building, and other accessory<br />
structures on 36 total acres.<br />
2. The site is located within the Agricultural Residential Rural (A/RR) land use district within<br />
the Rural Development Area (RDA). This area of the <strong>County</strong> consists of citrus groves, sod<br />
farms, improved pasture, hay fields, and heavily wooded areas.<br />
3. This use is considered to Recreation, High Intensity, and requires Level 3 Conditional Use<br />
approval in the A/RR land use district.<br />
4. The facility currently uses on-site private wells and septic tanks.<br />
5. According to the Soil Survey of <strong>Polk</strong> <strong>County</strong>, this site contains primarily Smyrna and Myakka<br />
Fine Sands. These soils have severe limitations for dwellings without basements and septic<br />
tanks.<br />
6. The site is not within a one-mile radius of a protected animal or plant species siting<br />
according to the Florida Natural Areas Inventory of 2002.<br />
7. The site has frontage and access onto <strong>County</strong> Road 630, a two-lane rural major collector<br />
road.<br />
8. The site is in an area of the <strong>County</strong> that has been mostly undeveloped. The site is<br />
surrounded by pasture, citrus groves and wetlands.<br />
9. The northern 12 acres of this site was approved as a firearms training facility in 2008 and<br />
has been in operation ever since.<br />
DRC Findings/Recommendation Page 2 of 10<br />
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Development Review Committee Recommendation: Based on information provided with the<br />
proposed development application, the Development Review Committee finds that the proposed<br />
request IS consistent with the surrounding land uses and general character of the area; and IS<br />
consistent with the <strong>Polk</strong> <strong>County</strong> Land Development Code and the <strong>Polk</strong> <strong>County</strong> Comprehensive Plan.<br />
Based upon the findings of fact, the information provided by the applicant, and a recent site visit; the<br />
Development Review Committee recommends APPROVAL of CU 08-04M with conditions.<br />
CONDITION(S) OF APPROVAL:<br />
1. All previous conditions of approval shall be revoked and replaced with the conditions of<br />
approval listed herein. [PLG]<br />
2. This conditional use approval shall allow only the structures and facilities shown on the<br />
binding site plan. [PLG]<br />
3. Operations at this facility shall be limited to between 9:00 AM and 10:00 PM daily. [PLG]<br />
4. All weapons ranges shall be operated consistent with the Florida Department of<br />
Environmental Protection, Bureau of Solid and Hazardous Waste Best Management Practices<br />
for Environmental Stewardship of Florida Shooting Ranges, 2004 Edition or better. [PLG]<br />
5. If any additional site clearing or grubbing occurs, the applicant shall hire a qualified<br />
professional to conduct a site survey/walkover to ensure that no threatened or endangered<br />
plant or animal species exist on the site. If any are discovered, the applicant shall properly<br />
protect the specie(s) or mitigate any impacts consistent with federal, state and local law.<br />
[PLG]<br />
6. With the exception of the areas specified for development on the site plan, none of the<br />
existing vegetation shall be cleared unless for approved public safety purposes (e.g. fire<br />
breaks, prescribed burns, ecological habitat maintenance). [PLG]<br />
7. Prior to Level 2 Review approval, the applicant shall submit a hydraulics calculation certified<br />
by a registered professional engineer, that adequate water pressure and capacity exist to<br />
maintain fire flow as determined by the <strong>Polk</strong> <strong>County</strong> Fire Marshall. [FM]<br />
8. A sufficient application for Level 2 Review shall be submitted reflecting all conditions of<br />
approval. [PLG]<br />
9. This conditional use shall not impede any existing legal easements. [PLG]<br />
10. The applicant shall maintain external berms of at least 18 feet in height around the perimeter<br />
of all shooting bays. [PLG]<br />
11. The site shall be maintained to ensure it is clean and free of litter, debris, and refuse on a<br />
daily basis. [PLG]<br />
12. All on-site activity shall be consistent with all Recreation conditions and requirements of<br />
LDC Chapter 303; however, landscape buffering shall be required as provided on the<br />
approved Level 3 conditional use site plan. [PLG]<br />
DRC Findings/Recommendation Page 3 of 10<br />
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Surrounding Land Use Designations and Current Land Use Activity:<br />
Northwest:<br />
A/RR, Pasture<br />
West:<br />
A/RR, Citrus groves<br />
Southwest:<br />
A/RR, Citrus groves<br />
North:<br />
A/RR, Pasture<br />
Subject Property:<br />
A/RR, existing ranges with safety<br />
berms, canopy areas, barn, mobile<br />
home and office/restroom facilities.<br />
South:<br />
A/RR, Pasture<br />
Northeast:<br />
A/RR, Pasture<br />
East:<br />
A/RR, Pasture and Wetlands<br />
Southeast:<br />
A/RR, Pasture and Wetlands<br />
Source: GIS Data Viewer and field visit<br />
This type of facility can have impacts related to noise, light and smoke. Accordingly, the Land<br />
Development Code requires that these types of facilities (which are categorized as Recreation, High<br />
Intensity) be reviewed as a Level 3 Conditional Use in the A/RR. There are standard conditions in<br />
Section 303 to ensure that the impacts are addressed. 12 acres of the site is already built and being<br />
used as a firearms training facility. This is an area that is rural in character, with limited residential<br />
development. The surrounding properties are undeveloped. The closest homes are approximately ¼<br />
mile east of the existing facility.<br />
Compatibility with the Surrounding Land Uses:<br />
A. Land Uses:<br />
The site is significantly buffered from residential properties in the surrounding area by berms,<br />
distance, and existing vegetation. This area of the <strong>County</strong> is characterized by heavily wooded areas<br />
and agriculture such as citrus groves, sod farms, improved pasture, hay fields.<br />
B. Infrastructure:<br />
This is an area of the <strong>County</strong> in which very few urban services are available. Services are provided at<br />
minimum levels. In addition to a lack of water or wastewater services, response times from<br />
emergency services such as fire, EMS, and Sheriff are longer due to the remote location of this site.<br />
Zoned Elementary, Middle, and High School<br />
The proposed use will not contribute new students to the school system and is a significant distance<br />
(more than six miles) from existing schools. Due to the remote location of the proposed use and the<br />
separation between the proposed use and existing residential areas, conflicts with School Board<br />
facilities or bussing are not anticipated.<br />
Nearest Sheriff, Fire, and EMS Station<br />
Based on the limited usage of the site, it is not expected that this facility will adversely impact public<br />
safety services. The facility may benefit community law enforcement agencies by providing training<br />
opportunities.<br />
DRC Findings/Recommendation Page 4 of 10<br />
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Name of Station<br />
Distance from subject site<br />
Sheriff Southeast District Lake Wales 13± miles<br />
Fire Indian Lakes Estates #14 56-hour 6 ± miles<br />
EMS Frostproof (#4) 7± miles<br />
Source: <strong>Polk</strong> <strong>County</strong> Sheriff’s Office and <strong>Polk</strong> <strong>County</strong> GIS Division.<br />
Water and Sewer Capacity and Service Provider:<br />
Because of the remote location, and the nature of the use, this facility will utilize an on-site well and<br />
septic system.<br />
Roadways/Transportation Network:<br />
The Institute of Transportation Engineers (8 th Edition) provides traffic generation rates for dozens of<br />
land uses; however, it does not provide a traffic impact standards for a shooting range facility. As a<br />
result, the applicant provided an estimation of traffic impacts generated by the proposed use to Land<br />
Development and TPO staff. The number of anticipated daily participants was therefore estimated<br />
and submitted for staff review. The applicant estimates that the average visitor rate will be 16 per<br />
day, with 32 AADT and 16 PM Peak trips. CR 630 has sufficient capacity available for this level of<br />
usage. For the larger competition events, the applicant has estimated a trip generation rate of 0.15<br />
(based upon the closest event category, Dog Race Track, from the ITE Manual). This results in 90<br />
PM Peak hour trips. Because CR 630 is currently utilizing 153 trips westbound and 120 trips<br />
eastbound out its design capacity of 480 trips available, the proposed use is not anticipated to<br />
adversely impact roadway capacity.<br />
Environmental Conditions:<br />
A. Surface Water:<br />
There is no surface water at or near the site that will be impacted by the proposed use.<br />
B. Wetlands/Floodplains:<br />
While there are no wetlands on the site, it may contain floodplains. During Level 2 Review, A flood<br />
study may be required to determine the flood elevation for the Un-Numbered "A" Zone that is<br />
located on the property.<br />
C. Wells (Public/Private):<br />
The proposed use will not impact any nearby community wells.<br />
D. Airports:<br />
This property does not lie within the airport buffer zone of any major airports within <strong>Polk</strong> <strong>County</strong>.<br />
E. Soils<br />
The site is comprised of Smyrna and Myakka Fine Sand. While not suitable for dense development,<br />
these soils will adequately support the proposed use.<br />
DRC Findings/Recommendation Page 5 of 10<br />
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E. Protected Species<br />
This site, and the surrounding immediate area has been used for agriculture for decades. While this<br />
area of the <strong>County</strong> provides habitat for a tremendous amount of flora and fauna, the expansion area<br />
of the site is not within a one mile radius of a protected animal or plant species sightings according to<br />
the Florida Natural Areas Inventory.<br />
Economic Factors:<br />
Demand for areas designated for off-road vehicle usage has increased over the past decade. This is a<br />
growing recreational industry, for which there is a need to provide designated and legally established<br />
and permitted areas for enthusiasts. The infrastructure demands and economic returns from this use<br />
are minimal. Patrons use the facilities during the day, and while some stay overnight at the<br />
campground, most purchases are likely associated with convenience items, such as food and gas (the<br />
nearest station is approximately 10 miles away), in preparation for their activities. However, the<br />
combination of this conditional use in the center of the <strong>County</strong>, River Ranch on the east side of the<br />
<strong>County</strong>, and other facilities such as the <strong>County</strong> facility in the western portion of the <strong>County</strong> each<br />
contribute to an increase in the number of off-road vehicle/motorcycle/ATV dealerships and sales<br />
within and surrounding <strong>Polk</strong> <strong>County</strong>.<br />
Consistency with Comprehensive Plan:<br />
The level of service demand associated with the proposed use is consistent with the Rural<br />
Development Area (RDA) goals, objectives, and policies within the Comprehensive Plan. While the<br />
RDA does not provide services that will support dense development, recreational uses in areas that<br />
are located with appropriate roadway infrastructure are appropriate because they generally do not<br />
require constant service support. This use is ideal for the RDA and, because it provides a location for<br />
a growing recreational need, it is consistent with Section 3.501 of the Recreation and Open Space<br />
Element of the Comprehensive Plan.<br />
Comments/conditions from other <strong>County</strong> agencies:<br />
The comments and conditions of other agencies have been incorporated into the summary and<br />
analysis of this Development Review Committee recommendation.<br />
Exhibits:<br />
Exhibit 1<br />
Exhibit 2<br />
Exhibit 3<br />
Exhibit 4<br />
Location Map<br />
Future Land Use Map<br />
Aerial Photograph<br />
Site Plan<br />
DRC Findings/Recommendation Page 6 of 10<br />
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Exhibit 1<br />
SITE<br />
LOCATION MAP<br />
DRC Findings/Recommendation Page 7 of 10<br />
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Exhibit 2<br />
FUTURE LAND USE MAP<br />
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Exhibit 3<br />
AERIAL PHOTOGRAPH<br />
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Exhibit 4<br />
SITE PLAN<br />
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POLK COUNTY<br />
DEVELOPMENT REVIEW COMMITTEE<br />
STAFF REPORT<br />
DRC Date: September 6, <strong>2012</strong> LEVEL: 3<br />
PC Date: <strong>December</strong> 5, <strong>2012</strong> TYPE: Conditional Use Modification<br />
BOCC Date: N/A CASE #: CU 11-04M<br />
Project Number:<br />
Request:<br />
Applicant:<br />
Property Owner:<br />
Location:<br />
Size:<br />
Land Use Designation:<br />
Development Area:<br />
Nearest Municipality:<br />
Case Planner:<br />
56027 (Dirty Foot Adventures Modification)<br />
1,100 acre expansion to an existing 82 acre ATV/motorcycle park to<br />
allow additional ATV/motorcycle trail riding activities and foot-races.<br />
Colon Lambert<br />
Land Development Co. of Central FL<br />
Located adjacent to the east side of Singletary Road, approximately<br />
two miles south of Avon Park Cutoff Road and seven miles west of<br />
US 27, in Sections 19, 20, 29, 30, 31 and 32, Township 32, and<br />
Range 27.<br />
1,150 ± acres<br />
Agriculture/Residential-Rural (A/RR)<br />
Rural Development Area (RDA)<br />
The City of Frostproof is approximately seven miles east of the site.<br />
Tom Wodrich, AICP<br />
Summary of Analysis:<br />
The applicant is requesting an expansion to an approved 82 acre off-road vehicle park consisting of<br />
racetracks, drag strips, and a campground, in order to allow vehicle oriented recreation including<br />
motorcycle/ATV trail riding activities and foot-races on approximately 1,100 additional acres east of<br />
the approved site. The original 82 acre site was approved for up to 2,500 daily vehicles (in order to<br />
ensure that roadway capacity will be maintained) and no additional vehicle trips are proposed with<br />
this site expansion. The infrastructure available in this area is sufficient to support the proposed use.<br />
The applicant proposes to use an existing network of trails throughout the property. No permanent<br />
structures are proposed. The expansion area of the site is comprised of pine flatwood areas with<br />
upland and wetland acreage. Wetland impacts are prohibited by Section 620 of the Land<br />
Development Code. The palmetto is thick throughout the site and offers a unique riding experience.<br />
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While the proposal does not increase the number of permitted visitors to the site and therefore<br />
maintains the overall infrastructure impacts of the site, the primary change in impact is related to the<br />
increased proximity of the activity to existing residences. In the original conditional use application<br />
review for the 82 acre site, the closest residence was almost two miles from the proposed activities.<br />
For this expansion, the applicant proposes to bring the conditional use boundary within ½ mile of<br />
residences along Bereah Road east of the site.<br />
The primary increase in impacts is anticipated to come in the form of sound impacts. As a result,<br />
staff attempted to evaluate the sound impacts of the site by monitoring ATVs and motorcycles riding<br />
in the proposed expansion areas from several residences outside of the proposed conditional use<br />
expansion boundary along Avon Park Cut Off Road and Bereah Road. These efforts demonstrated to<br />
staff that riding right along the proposed eastern boundary line was often objectionable when<br />
standing outside (the same noises were not noticeable when inside a residence). However, other areas<br />
within this expansion area were barely audible above the existing noises of the area. Therefore, the<br />
site visit indicated to staff that riding on most of the expansion area can be compatible with the<br />
activities in the area, with the exception of the area closest to the Bereah Road residences. Therefore,<br />
staff has conditioned the recommendation to remove a substantial portion of the site in the<br />
southeastern corner to ensure that sound levels are minimized to these residents.<br />
Development Review Committee<br />
Findings of Fact<br />
1. This application is for an 1,100 acre expansion to an approved 82 acre off-road vehicle park<br />
consisting of racetracks, drag strips, and a campground, in order to allow vehicle oriented<br />
recreation including motorcycle/ATV trail riding activities and foot-races.<br />
2. The site is located within the Agricultural Residential Rural (A/RR) land use district within<br />
the Rural Development Area. This area of the <strong>County</strong> consists of citrus groves, sod farms,<br />
improved pasture, hay fields, and heavily wooded areas.<br />
3. The site is comprised of upland and wetland soils, and contains wetland areas.<br />
4. An 82 acre portion of this site was approved for ATV/motorcycle riding and camping in 2011<br />
and is currently being used for ATV and motorcycle riding.<br />
5. The site plan proposes hours of operation for proposed facility from 7 a.m. until 11 p.m.<br />
6. No additional structures are proposed.<br />
Development Review Committee Recommendation: Based on information provided with the<br />
proposed development application, the Development Review Committee finds that the proposed<br />
request IS consistent with the surrounding land uses and general character of the area; and IS<br />
consistent with the <strong>Polk</strong> <strong>County</strong> Land Development Code and the <strong>Polk</strong> <strong>County</strong> Comprehensive Plan.<br />
Based upon the findings of fact, the information provided by the applicant, and a recent site visit; the<br />
Development Review Committee recommends APPROVAL of CU 11-04M with conditions.<br />
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CONDITION(S) OF APPROVAL:<br />
1. All previous conditions of approval shall be revoked and replaced with the conditions of<br />
approval listed herein. [PLG]<br />
2. This approval shall be for an 82 acre off-road vehicle park consisting of an off-road drag<br />
racing strip, an off-road ATV drag racing strip, an off-road motor-cross race track, an offroad<br />
youth motor-cross race track, two mud pits for vehicle usage, and a 29 acre campground<br />
for self-contained tent and RV camping only. Overnight stays shall not extend beyond two<br />
weeks. In addition, foot-races and off-road ATV/motorcycle trail riding shall be allowed east<br />
of the 82 acre site for land shown within Exhibit 2 with the exception of land east of the<br />
powerline gap/easement within Section 32, Township 32, and Range 27. [PLG]<br />
3. No big-tire truck activities or events shall be allowed on any portion of the site. [PLG]<br />
4. All on-site activity shall be consistent with all Recreation conditions and requirements of<br />
LDC Chapter 303; however, landscape buffering shall be required as provided on the<br />
approved Level 3 conditional use site plan. [PLG]<br />
5. With the exception of the areas specified for development on the proposed site plan, none of<br />
the existing vegetation shall be cleared unless for approved public safety purposes (e.g.<br />
stabilized public safety access, fire breaks, prescribed burns, ecological habitat maintenance).<br />
[PLG]<br />
6. Vehicles that create engine noise levels above 96 decibels, as measured at the property lines,<br />
shall be prohibited from the 82 acre site. The remainder of the conditional use site outside of<br />
the 82 acres shall be limited to a sound level equivalent (or average) 65 decibels measured at<br />
the conditional use property line. [PLG]<br />
7. In no case shall any activity occurring at this site exceed 2,500 vehicles or 500 Recreational<br />
Vehicles (campers) cumulatively on any given day to this site. Advertisements, websites, and<br />
promotional material provided by the owner/operator of this facility shall clearly indicate this<br />
limitation to avoid overbooking of the facilities prior to event days. [PLG]<br />
8. The applicant shall monitor the traffic generated by this use and submit a traffic summary<br />
with the monthly average traffic generated by this use for review by the <strong>Polk</strong> <strong>County</strong><br />
Transportation <strong>Planning</strong> Organization (TPO) and <strong>County</strong> Engineer by April 1st, 2013. If the<br />
impacts generated by this site exceed available capacity on road link numbers 5401, 5402,<br />
and 8072, the applicant shall submit mitigation strategies for approval by the <strong>Polk</strong> <strong>County</strong><br />
TPO and <strong>County</strong> Engineer. [PLG]<br />
9. Vehicles that are not street legal shall be transported to and from the site via registered and<br />
street legal vehicles and trailers. [PLG]<br />
10. Access to and from the facility shall be through a restricted reinforced lockable gate operable<br />
from the applicant’s side of the gate, which shall only be open between 7 a.m. and 11 p.m.<br />
[PLG]<br />
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11. Wetland impacts shall be avoided to the maximum extent possible. Signage or fencing shall<br />
be installed along the perimeter of all wetland areas within 50 feet of a trail. If signage is<br />
used, they shall be bright, contrasting colors (red, orange, yellow, etc.) placed every 100 feet<br />
around the perimeter of a jurisdictional wetland. [PLG]<br />
12. With the exception to camping activity, all activities shall be limited to daylight hours only.<br />
[PLG]<br />
13. Event lighting shall be directional and shielded so that that it does not radiate onto adjacent<br />
properties; shall be limited to the motor-cross tracks and the drag strips; and, shall be<br />
operational only when necessary between 7 a.m. and 11 p.m. [PLG]<br />
14. There shall be no permanent onsite food concessions or sales of vehicle fuel, parts, or<br />
service. Temporary food vending shall be permitted for weekend events. [PLG]<br />
15. The site shall be equipped with an approved emergency spill response kit. [PLG]<br />
16. The site shall be maintained to ensure it is clean and free of litter, debris, and refuse on a<br />
daily basis. [PLG]<br />
17. Recreational off-road vehicle usage shall only be permitted when either certified medical<br />
staff are present or when emergency extraction equipment and a first aid kit (sufficient to<br />
provide incident response until emergency service arrives) are available on-site. [PLG]<br />
GENERAL NOTES<br />
NOTE: Approval of this project shall not constitute a waiver or variance from any applicable<br />
development regulation unless specifically noted in the conditions of approval and consistent with<br />
LDC Section 930 D.<br />
NOTE: All written commitments made in the application and subsequent submissions of information<br />
made during the application review process, which are on file with the Land Development Division,<br />
shall be considered to be binding upon the applicant, provided such commitments are not at<br />
variance with the Comprehensive Plan, LDC or other development regulations in effect at the time<br />
of development.<br />
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Surrounding Land Use Designations and Current Land Use Activity:<br />
Northwest:<br />
A/RR<br />
Former citrus grove and improved<br />
pasture<br />
West:<br />
A/RR<br />
Improved pasture and wooded land<br />
Southwest:<br />
A/RR<br />
Improved pasture and wooded land<br />
Source: GIS Data Viewer and field visit<br />
North:<br />
A/RR<br />
Citrus, pasture, wooded land, and<br />
single-family homes on farm<br />
Subject Property:<br />
± 1,150 acres<br />
A/RR<br />
Existing off-road drag strips, mud<br />
pits, and race tracks; formerly citrus<br />
grove, sod farm, and wooded land<br />
South:<br />
A/RR<br />
Improved pasture, citrus grove,<br />
general farming<br />
Northeast:<br />
A/RR<br />
Improved pasture, single-family<br />
homes, religious institution, citrus<br />
grove, general farming<br />
East:<br />
A/RR<br />
Improved pasture, single-family<br />
homes, religious institution, citrus<br />
grove, general farming<br />
Southeast:<br />
A/RR<br />
Improved pasture, single-family<br />
homes, religious institution, citrus<br />
grove, general farming<br />
The 82 acre portion of the 1,182 total acre site is currently being used for the proposed use. To the<br />
north, south, and west, there are substantial distances between the existing/proposed use and the<br />
nearest residences (one mile or more); however, the closest homes on Bereah Road are<br />
approximately ½ mile from the proposed trail riding activity.<br />
Compatibility with the Surrounding Land Uses:<br />
A. Land Uses:<br />
The site is significantly buffered from residential properties in the surrounding area by distance and<br />
existing vegetation. This area of the <strong>County</strong> is characterized by heavily wooded areas and agriculture<br />
such as citrus groves, sod farms, improved pasture, hay fields.<br />
B. Infrastructure:<br />
This is an area of the <strong>County</strong> in which very few urban services are available. Services are provided at<br />
minimum levels. In addition to a lack of water or wastewater services, response times from<br />
emergency services such as fire, EMS, and Sheriff are longer due to the remote location of this site.<br />
Zoned Elementary, Middle, and High School<br />
The proposed use will not contribute new students to the school system and is a significant distance<br />
(more than 10 miles) from existing schools. Due to the remote location of the proposed use and the<br />
separation between the proposed use and existing residential areas, conflicts with School Board<br />
facilities or bussing are not anticipated.<br />
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Nearest Sheriff, Fire, and EMS Station<br />
Accidents that occur during off-road vehicle, motorcycle, and ATV recreational parks and the<br />
campground at this site will experience significant delays before emergency crews can respond to<br />
this remote location. Response times for emergency services are longer due to the remote location of<br />
this site. The Caloosa Fire Station also provides paramedic services, but is approximately 20 miles<br />
from the site.<br />
Name of Station<br />
Distance from subject site<br />
Sheriff<br />
SE District HQ - 4011 Sgt. Mary<br />
Campbell Way, Lake Wales<br />
29 miles<br />
Fire Caloosa 56 hour station (Babson Park) 20 miles<br />
EMS Frostproof 14 miles<br />
Source: <strong>Polk</strong> <strong>County</strong> Sheriff’s Office and <strong>Polk</strong> <strong>County</strong> GIS Division.<br />
Water and Sewer Capacity and Service Provider:<br />
Because of the remote location, and the nature of the use, this facility will utilize an existing<br />
agricultural irrigation well onsite to provide ATV/motorcycle washing areas, while bottled water will<br />
be used for potable consumption. The applicant proposes to use self-contained portable restrooms<br />
and non-potable wash down stations for events.<br />
Roadways/Transportation Network:<br />
The Institute of Transportation Engineers (8 th Edition) provides traffic generation rates for dozens of<br />
land uses; however, it does not provide a traffic impact standards for the primary use at this site<br />
(ATV/Recreational Off-Road Vehicle usage). As a result, the applicant provided an estimation of<br />
traffic impacts generated by the proposed use to Land Development and TPO staff for the original 82<br />
acre approval back in 2011. The total trip count has not been expanded with this application. The<br />
application seeks to expand the acreage but not the total approved number of riders at the site.<br />
However, in order to make sure the use is consistent with the estimation, an evaluation of the<br />
ongoing activities and associated traffic impact remains part of the staff recommendation.<br />
Environmental Conditions:<br />
The site contains wetland areas and the Charlie Creek watershed. As with any motor racing event,<br />
breakdowns, accidents, and their associated petroleum spills are possible. As a result, caution needs<br />
to be used when developing the site and spills must be cleaned immediately to avoid impacts to the<br />
adjacent wetlands and waterways. Land clearing should not occur until the water management<br />
district issues an Environmental Resource Permit (ERP).<br />
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A. Surface Water:<br />
Charlie Creek runs through the property but trail riding through the creek is not proposed or<br />
anticipated. The main trail access to the new acreage from the existing 82 acre site is across a small<br />
bridge/cattle crossing.<br />
B. Wetlands/Floodplains:<br />
There are numerous wetlands and floodplains on the site according to the <strong>County</strong> GIS system. No<br />
structures are planned to be placed in them according to the site plan submitted. The applicant does<br />
not proposed any impacts to wetland areas.<br />
C. Wells (Public/Private):<br />
There is an agricultural well onsite (at the original 82 acre portion of the site) that is proposed to be<br />
used for rinsing off-road vehicles after leaving the recreation areas of the site.<br />
D. Airports:<br />
This property does not lie within the airport buffer zone of any major airports within <strong>Polk</strong> <strong>County</strong>;<br />
however, numerous airplanes flew over the site during the two site visits that staff conducted.<br />
E. Protected Species<br />
This site, and the surrounding immediate area (with the exception of the Charlie Creek watershed to<br />
the east), has been used for agriculture for decades. While this area of the <strong>County</strong> provides habitat for<br />
a tremendous amount of flora and fauna, the site is not within a one mile radius of a protected animal<br />
or plant species sightings according to the Florida Natural Areas Inventory.<br />
Economic Factors:<br />
Demand for areas designated for off-road vehicle usage has increased over the past decade. This is a<br />
growing recreational industry, for which there is a need to provide designated and legally established<br />
and permitted areas for enthusiasts. The infrastructure demands and economic returns from this use<br />
are minimal. Patrons use the facilities during the day, and while some stay overnight at the<br />
campground, most purchases are likely associated with convenience items, such as food and gas (the<br />
nearest station is approximately 10 miles away), in preparation for their activities. However, the<br />
combination of this conditional use in the center of the <strong>County</strong>, River Ranch on the east side of the<br />
<strong>County</strong>, and other facilities such as the <strong>County</strong> facility in the western portion of the <strong>County</strong> each<br />
contribute to an increase in the number of off-road vehicle/motorcycle/ATV dealerships and sales<br />
within and surrounding <strong>Polk</strong> <strong>County</strong>.<br />
Consistency with Comprehensive Plan:<br />
The level of service demand associated with the proposed use is consistent with the Rural<br />
Development Area (RDA) goals, objectives, and policies within the Comprehensive Plan. While the<br />
RDA does not provide services that will support dense development, recreational uses in areas that<br />
are located with appropriate roadway infrastructure are appropriate because they generally do not<br />
require constant service support. This use is ideal for the RDA and, because it provides a location for<br />
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a growing recreational need, it is consistent with Section 3.501 of the Recreation and Open Space<br />
Element of the Comprehensive Plan.<br />
Comments/conditions from other <strong>County</strong> agencies:<br />
The comments and conditions of other agencies have been incorporated into the summary and<br />
analysis of this Development Review Committee recommendation.<br />
Exhibits:<br />
Exhibit 1<br />
Exhibit 2<br />
Exhibit 3<br />
Exhibit 4<br />
Location Map<br />
Future Land Use Map<br />
Aerial Photograph<br />
Site Plan<br />
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Exhibit 1<br />
SITE<br />
LOCATION MAP<br />
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Exhibit 2<br />
FUTURE LAND USE MAP<br />
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Exhibit 3<br />
AERIAL PHOTOGRAPH<br />
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Exhibit 4<br />
SITE PLAN<br />
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POLK COUNTY<br />
DEVELOPMENT REVIEW COMMITTEE<br />
STAFF REPORT<br />
DRC Date: October 4, <strong>2012</strong> LEVEL: Level 3<br />
PC Date: <strong>December</strong> 5, <strong>2012</strong> TYPE: Conditional Use<br />
BOCC Date: N/A CASE #: CU 11-<strong>05</strong>M<br />
Project Number:<br />
56069 (Central Florida Paintball Modification)<br />
Request: The request is to amend the conditions of approval of CU 11-<strong>05</strong>,<br />
which approved an existing paintball sports complex.<br />
Applicant:<br />
Property Owner:<br />
John Smith<br />
Stephen H. Chin Living Trust; Betty YuYu Chin Living Trust;<br />
James Chit Chan and Ping Ya Trust<br />
Location: 9355 US Hwy 98 North, located on the east side of US Hwy 98<br />
North, approximately ½ mile north of Socrum Loop Road West<br />
(CR 35A), north of Lakeland, in Section 02, Township 27, and<br />
Range 23.<br />
Size:<br />
Land Use Designation:<br />
Development Area:<br />
Nearest Municipality:<br />
Case Planner:<br />
32.01± acres<br />
Agriculture/Residential-Rural “X” (A/RRX),<br />
Rural Special Protection Area (Rural SPA) of the Green Swamp<br />
Area of Critical State Concern<br />
Rural Development Area (RDA)<br />
The nearest municipality (the city of Lakeland) is approximately<br />
3.5 miles south of the subject site.<br />
Todd Vargo, AICP<br />
Summary of Analysis:<br />
The subject property has six paintball fields and a woodsball area where patrons come to play<br />
paintball. The six fields are surrounded by paintball netting. There is also a small retail store to<br />
cater to the paintball business. This store sells paintball related items. The Land Development<br />
Code (LDC) considers the use of a paintball fields as a Recreation, High Intensity use.<br />
CU 11-<strong>05</strong>, which was approved by the <strong>Planning</strong> Commission on April 6, 2011 by a vote of 6/1,<br />
was a request to recognize the non-conforming use and allow for its expansion. CU 11-<strong>05</strong> was<br />
appealed in accordance with Section 920.D of the <strong>Polk</strong> <strong>County</strong> LDC by neighboring property<br />
owners and was approved by the Board of <strong>County</strong> Commissioners on July 12, 2011 by a vote of<br />
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5/0. Level 2 plans were then submitted and approved by the Development Review Committee<br />
on January 6, <strong>2012</strong>.<br />
The current request is to modify the Conditional Use approval granted by the Board of <strong>County</strong><br />
Commissioners. Denial of CU 11-<strong>05</strong>M by the <strong>Planning</strong> Commission only denies the requested<br />
modifications to the Conditions of Approval; it does not invalidate the already approved<br />
Conditional Use.<br />
The applicant is requesting to make the following changes to the Conditions of Approval<br />
(language that has been struck through is proposed to be deleted; language that has been<br />
underlined is proposed to be added. See Exhibit 8 for a complete list of the existing Conditions<br />
of Approval as determined by the Board of <strong>County</strong> Commissioners on July 12, 2011):<br />
Findings of Fact<br />
• The subject property is located at 9355 US Highway 98 North and is in an Agricultural/<br />
Residential-Rural “X” Future Land Use district, which is within the Rural Special<br />
Protection Area (Rural SPA) of the Green Swamp Area of Critical State Concern. The<br />
property is also located in the Rural Development Area (RDA).<br />
• This property was once approved for Planned Unit Development (PUD) 83-21. PUD 83-<br />
21 received conceptual approval for a recreational vehicle (RV) park containing 171 RV<br />
spaces and office space; however, this approval has expired.<br />
• The property owner requested a zoning change (ZCR 87-77) on the front 4.84 acres from<br />
Rural Conservation (RC) to Regional Commercial (C-3). On August 25, 1987, the Board<br />
of <strong>County</strong> Commissioners approved the zoning change.<br />
• On February 28, 1991, the property owner was issued a building permit to construct a<br />
4,000 sq. ft. retail building on the portion of the site zoned C-3.<br />
• On April 19, 1991, the <strong>Polk</strong> <strong>County</strong> Comprehensive Plan was adopted by the Board of<br />
<strong>County</strong> Commissioners, and the subject site was designated as an A/RR (later designated<br />
as A/RRX) Future Land Use district, but retained C-3 zoning on the front 4.84 acres. On<br />
September 1, 2000, the Board of <strong>County</strong> Commissioners adopted the <strong>Polk</strong> <strong>County</strong> Land<br />
Development Code, which repealed <strong>Polk</strong> <strong>County</strong>’s Zoning Ordinance. As a result of this<br />
action, the C-3 zoning was removed from the front 4.84 acres, which left the entire site as<br />
A/RRX.<br />
• After its completion, the building was utilized as a retail/commercial use; however, in<br />
September of 1993, a change of occupancy was approved from retail to a bar/lounge for<br />
the Gibsonia/Kathleen (Post 8002) Veterans of Foreign Wars (VFW).<br />
• In March 1995, a driving range began operating on the subject site. A shed used in<br />
association with the driving range and the “tee” area were located within the portion of<br />
the site that was zoned C-3 (currently CEX); however, the balls were being hit into the<br />
portion of the site that was designated PUD 83-21 (currently A/RRX). An expansion of a<br />
non-conforming use should have been requested at that time.<br />
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• Documentation provided by the applicant shows that three different driving ranges<br />
opened accounts with Lakeland Electric on the subject site from March 1995 to<br />
<strong>December</strong> 2003. On <strong>December</strong> 17, 2003, Central Florida Paintball opened an electric<br />
account on the subject site. In 2004, the VFW relocated to a newly constructed building<br />
across the street from the subject site.<br />
• The Level 3 Conditional Use (CU 11-<strong>05</strong>) to recognize the existing paintball facility was<br />
heard at the April 6, 2011 <strong>Planning</strong> Commission hearing. The <strong>Planning</strong> Commission<br />
approved CU 11-<strong>05</strong> by a vote of 6/1.<br />
• CU 11-<strong>05</strong> was appealed by neighboring property owners and was heard by the Board of<br />
<strong>County</strong> Commissioners on July 12, 2011. The Board of <strong>County</strong> Commissioners approved<br />
CU 11-<strong>05</strong> by a vote of 5/0.<br />
• The Level 2 Review construction plans were approved by the <strong>Polk</strong> <strong>County</strong> Development<br />
Review Committee on January 6, <strong>2012</strong>.<br />
• The site has frontage on US 98 North, a multi-modal two-lane undivided arterial<br />
roadway, with 32 feet of pavement width. US 98 North transitions to a four-lane divided<br />
roadway approximately 900 feet south of the site. Currently, link 5416N (US 98 North<br />
from Daughtery Road to Rockridge Road) has a Peak-hour/Peak-season level-of-service<br />
(LOS) of B while link 5416S has a Peak-hour/Peak-season LOS of C.<br />
• The subject site is located within the Rural Development Area (RDA); therefore, water<br />
and sewer are not available to the site. Currently, the existing structure/use utilizes a 2”<br />
well for potable water and a septic system for waste water.<br />
• Fire services are provided by Fire Station 120, which is 0.7 miles from the site, located at<br />
8936 US 98 North, and has an average response time of two (2) to three (3) minutes.<br />
Station 120 is staffed 24/7 with career firefighters, and operates an advanced life support<br />
fire engine, with at least one of the three crew members cross-trained as a paramedic.<br />
• Ambulance response is provided by the Station MD 11, which is located approximately<br />
four (4) miles from the site, and located at 5201 Cornell Street in Lakeland. Approximate<br />
travel time to the subject site is seven (7) minutes.<br />
• Law enforcement services are provided by the <strong>Polk</strong> <strong>County</strong> Sheriff’s Office Northwest<br />
District Command Center, which is approximately five (5) miles from the site, and<br />
located at 1045 Wedgewood Estates Blvd. in Lakeland.<br />
• The subject site has approximately 15.77 acres of uplands, and the remainder of the site<br />
contains wetlands and/or floodplain. The wetlands and floodplain are located in the<br />
southeast and eastern portion of the site. The existing use (which is not anticipated to<br />
change) will continue to be carried out on the upland portions of the site.<br />
• According to the <strong>Polk</strong> <strong>County</strong> Endangered Habitats Map, updated in 2006 (Animals,<br />
Rookeries & Communities) and 2011 (Plants), the site is not located within an identified<br />
one mile radius for protected plant and animal species. This data is derived from the<br />
Florida Natural Areas Inventory (FNAI) and the Florida Geographic Data Library.<br />
DRC Findings/Recommendation Page 3 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
• The site is located within one mile of Gator Creek Reserve. Gator Creek Reserve is a<br />
2,708 acre environmental lands area that was purchased by <strong>Polk</strong> <strong>County</strong> with the<br />
assistance of a Florida Communities Trust grant. According to <strong>Polk</strong> <strong>County</strong>’s<br />
environmental lands staff, Gator Creek Reserve has about five miles of established trails<br />
(one of which is paved) that take visitors through shaded pine, cypress and oak forest.<br />
Wildlife that may be observed include: deer, turkey, fox, squirrels and gopher tortoises.<br />
No adverse impacts to plants, animals or other protected species are anticipated with the<br />
approval of a modification to the conditions of approval for Central Florida Paintball.<br />
• The applicant is requesting to modify the Conditions of Approval for CU 11-<strong>05</strong> in the<br />
following manner (underlined text is proposed to be added, text with the strikeout feature<br />
is proposed to be deleted):<br />
1. This Conditional Use approval is for an existing ±4,000 square foot retail building (pro shop);<br />
six (6) paintball fields and a woodsball field; and associated storage structures. [PLG]<br />
2. The normal business hours of operation for the proposed use are as follows:<br />
Retail Shop: Daily, 9:00 a.m. to 5:00 p.m. 8:00 AM to 7:00 PM<br />
Paintball and Woodsball fields: 1 weekday, Saturday and Sunday, 9:00 a.m. to 5:00 p.m.<br />
Weekdays, Saturday and Sunday 8:00 AM to 8:00 PM<br />
3. The applicant may host up to eight (8) twelve (12) Special Events per calendar year. Such<br />
events shall not exceed three (3) consecutive days (Friday-Sunday), but will still be required to<br />
adhere to typical hours of operation as stated in Condition #2. [PLG] Three of the twelve<br />
special events noted above, CFP will be allowed to be open for up to 57 consecutive hours<br />
beginning Friday morning at 8:00AM and ending Sunday evening at 5:00 PM.<br />
4. At no time shall the applicant allow paintball activities to occur on those portions of the site<br />
designated as wetlands or floodplain. [PLG & CE]<br />
5. The applicant shall submit Level 2 plans within 90 days of this approval, and receive Level 2<br />
approval within 180 days of this approval. [PLG]<br />
6. No air horns or similar type devises shall be utilized in association with paintball activities<br />
conducted on site. [Added by <strong>Planning</strong> Commission]<br />
7. A Type B Buffer (as described by the Land Development Code) will be required along the<br />
northern and western property lines (as depicted on site plan) to provide a buffer for contiguous<br />
parcels and uses. [PLG]<br />
8. The applicant shall clearly mark the eastern boundary of the woodsball course (via ropes,<br />
stakes, or similar materials) to discourage activities from occurring within adjacent areas<br />
designated as wetlands and/or floodplains. [PLG]<br />
The applicant is asking for permission to have the paintball fields open every day from 8AM to<br />
8PM and to have the retail store open every day from 8AM to 7PM. Since this is classified as a<br />
High Intensity Recreation use, staff does not recommend the paintball facility being open seven<br />
days a week. Staff is recommending limiting the hours of operation to 7PM (or dusk, whichever<br />
comes first) for the paintball and woodsball fields. The paintball and woodsball fields would be<br />
open one weekday, Saturday and Sunday from 8AM to 7PM.<br />
DRC Findings/Recommendation Page 4 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Staff does not agree with allowing Central Florida Paintball to be open overnight. One of the<br />
arguments made during the original CU 11-<strong>05</strong> hearing to allow the paintball field to continue<br />
operation and expand, was that the paintball field brought an economic benefit to <strong>Polk</strong> <strong>County</strong>;<br />
users of the facility stay in area hotels and eat at nearby restaurants (see Exhibit 8). In allowing<br />
the paintball field to be open overnight, the applicant wishes to have teams camp on the subject<br />
site. This would take money away from local businesses (hotels and restaurants), and create a<br />
greater likelihood of the neighboring property owners being bothered by noise, as sound travels<br />
farther at night. Also, campers could create a lot of noise in anticipation of a paintball event the<br />
next day or celebrating and unwinding after a day of playing paintball.<br />
The area used for woodsball games was originally shown on the binding site plan for CU 11-<strong>05</strong><br />
as being 150 feet from the on-site wetlands. The Level 2 plans were accidentally approved with<br />
less than 50’ between the woodsball course and on-site wetlands. With this modification, the<br />
original 150 foot buffer should return.<br />
Staff has no issues with deleting the condition regarding level 2 plans; however, the applicant<br />
will have to comply with the new conditions as approved by the <strong>Planning</strong> Commission either<br />
immediately or within three months or the use will have to cease and desist until the conditions<br />
are met (see Condition of Approval #6).<br />
One of the applicant’s goals that can be seen on the site plan, but was not expressly mentioned in<br />
the proposed Conditions of Approval was to be able to relocate the paintball fields and the<br />
parking areas. Because the grass on the paintball fields gets worn down from use, the applicant<br />
wants the ability to move, or rotate, the location of the paintball fields throughout the site. Staff<br />
has no problem with this request as long as that portion of the site along the northern property<br />
line which is adjacent to the area where neighboring property owners ride their horses is not used<br />
for parking or paintball fields. This area should remain vegetated and free of debris of any kind<br />
– trash, used paintballs, etc. This area should also remain free of vehicular parking.<br />
After speaking with the neighboring property owners, staff believes an eight foot (8’) opaque<br />
fence would be the best solution to mitigate the incompatibilities (noise, trash, and the impact of<br />
vehicle parking areas) between the horse riding area and the competitive paintball fields. Staff<br />
performed a site visit on Sunday, October 14, <strong>2012</strong> as teams were using the Central Florida<br />
Paintball fields to train for the world championships that were held at Fantasy of Flight. While<br />
most participants made efforts to break down and stack cardboard boxes, keeping trash in<br />
centralized locations in the parking lots, staff did note that some trash escaped those piles and<br />
made its way to neighboring properties. Another staff member did an impromptu site visit on a<br />
Monday after a weekend of playing paintball and noted at that time that much of the trash had<br />
not yet been cleaned up. Staff believes the requirement of the fencing will aid in keeping trash<br />
from polluting neighboring properties.<br />
Development Review Committee<br />
The Development Review Committee, based on the staff report finds that the proposed request as<br />
conditioned below is consistent with the surrounding land uses and general character of the area;<br />
is consistent with the <strong>Polk</strong> <strong>County</strong> Land Development Code and is consistent with the <strong>Polk</strong><br />
<strong>County</strong> Comprehensive Plan.<br />
DRC Findings/Recommendation Page 5 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Development Review Committee Recommendation: Based upon the findings of fact, the<br />
information provided by the applicant, and a recent site visit, the Development Review<br />
Committee recommends APPROVAL of CU 11-<strong>05</strong>M with conditions.<br />
CONDITIONS OF APPROVAL<br />
Based upon the findings of fact the Development Review Committee recommends APPROVAL of<br />
CU 11-<strong>05</strong>M with the following conditions:<br />
1. This Conditional Use approval is for an existing ±4,000 square foot retail building (pro<br />
shop); six (6) paintball fields and a woodsball field; and associated storage structures.<br />
[PLG]<br />
2. The normal business hours of operation for paintball and woodsball fields are 9:00 AM to<br />
7:00 PM (or dusk, whichever comes first). The paintball and woodsball fields may be<br />
open for one weekday and the weekend.<br />
3. No air horns or similar type devices shall be utilized in association with paintball<br />
activities conducted on site. [PLG]<br />
4. An eight foot (8’) opaque fence shall be installed and maintained along the northern and<br />
western property lines. The fence along the northern property line shall begin at the<br />
northwestern corner of the property and continue to the eastern edge of the woodsball<br />
course. The fence along the western property line shall begin at the southern end of the<br />
existing wooden fence and continue southward to a point even with the northern corner of<br />
the retail store. In the event either fence is removed, for whatever reason, the fence shall<br />
be replaced. [PLG]<br />
5. The applicant shall clearly mark the eastern boundary of the woodsball course (via ropes,<br />
stakes, or similar materials) to discourage activities from occurring within adjacent areas<br />
designated as wetlands and/or floodplains. The eastern boundary of the woodsball course<br />
shall be at least 150 feet westward from the edge of the wetlands as depicted on the original<br />
site plan for CU 11-<strong>05</strong>. [PLG]<br />
6. The applicant shall comply with the new conditions of approval immediately. However,<br />
the 8’ opaque fence shall be in place no later than 5:00 PM on March 5, 2013 or the use<br />
shall cease and desist until staff determines the conditions of approval have been met.<br />
Also, use of the woodsball course shall cease and desist until the marking of the eastern<br />
boundary of the woodsball course is complete. [PLG]<br />
7. At no time shall the applicant allow paintball activities to occur on those portions of the<br />
site designated as wetlands or floodplain. [PLG & CE]<br />
8. Designated parking areas and the paintball fields may be relocated within the site; however,<br />
neither paintball fields nor vehicle parking will be permitted within 40 feet of the northern<br />
property line. [PLG]<br />
DRC Findings/Recommendation Page 6 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
9. The applicant may host up to twelve (12) Tournament Events per calendar year. Such<br />
events shall not exceed three (3) consecutive days, but will still be required to adhere to<br />
typical hours of operation as stated in Condition #2. [PLG]<br />
GENERAL NOTES<br />
NOTE: Approval of this project shall not constitute a waiver or variance from any applicable<br />
development regulation unless specifically noted in the conditions of approval and consistent<br />
with LDC Section 930 D.<br />
NOTE: All written commitments made in the application and subsequent submissions of<br />
information made during the application review process, which are on file with the Land<br />
Development Division, shall be considered to be binding upon the applicant, provided such<br />
commitments are not a variance with the Comprehensive Plan, LDC or other development<br />
regulations in effect at the time of development.<br />
Surrounding Land Use Designations and Current Land Use Activity:<br />
Northwest:<br />
RL-1 & A/RRX;<br />
Tree farm/horse riding area<br />
West:<br />
RL-2 & RL-4;<br />
Communication tower and Single<br />
family dwelling<br />
Southwest:<br />
RL-1;<br />
VFW building &<br />
Single-family dwellings<br />
Source: GIS Data Viewer and field visit<br />
North:<br />
A/RRX and ROSX; Rural Special<br />
Protection Area;<br />
Tree farm/horse riding area<br />
Subject Property:<br />
A/RRX; Rural Special Protection<br />
Area;<br />
Existing pro shop and paintball<br />
fields; 32.01± acres<br />
South:<br />
RL-1 & RL-4;<br />
Single-family dwellings<br />
Northeast:<br />
A/RRX; Rural Special Protection<br />
Area;<br />
Tree farm/horse riding area/<br />
Floodplain & Wetlands<br />
East:<br />
A/RRX; Rural Special Protection<br />
Area;<br />
Undeveloped/ Floodplain &<br />
Wetlands<br />
Southeast:<br />
A/RRX; Rural Special Protection<br />
Area;<br />
Undeveloped/ Floodplain &<br />
Wetlands<br />
Compatibility with the Surrounding Land Uses:<br />
A. Land Uses:<br />
The subject site is currently designated as an Agriculture/Rural-Residential “X” (A/RRX) Future<br />
Land Use district within the Rural Development Area (RDA), and it is located within the Rural<br />
Special Protection Area of the Green Swamp Area of the Critical State Concern. Adjacent<br />
Future Land Use districts to the northeast, east, and southeast are A/RRX; to the north are<br />
A/RRX and Recreation and Open Space “X” (ROSX); and the northwest, west, and southwest<br />
are Residential Low-1 (RL-1), RL-2, and RL-4. Existing uses in the area include an existing<br />
tree farm to the northwest, north and northeast which is also used by neighboring property<br />
owners to ride horses; wetlands and floodplains to the east and southeast; a communication tower<br />
and single-family residence to the west; the Veterans of Foreign Wars (VFW) Post 8002 building<br />
and single family residences to the south/southwest (across US 98).<br />
DRC Findings/Recommendation Page 7 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
B. Infrastructure:<br />
The subject site is located in the Rural Development Area (RDA), which consists of all<br />
unincorporated areas of the <strong>County</strong> that are not located within the Transit Supportive<br />
Development Area, Urban Growth Area, or Utility-Enclave Area. These areas are characterized<br />
by their large open areas, agricultural uses, and rural centers. These areas of the <strong>County</strong> are not<br />
served by central water and wastewater, and other public services (such as fire, EMS, etc.) are<br />
located greater distances from these areas, which results in greater response times.<br />
Nearest Elementary, Middle, and High School<br />
The proposed request, a modification to the Conditions of Approval for the existing paintball<br />
facility, will not result in additional impacts to <strong>Polk</strong> <strong>County</strong> schools in this area.<br />
Nearest Sheriff, Fire, and EMS Station<br />
Name of Station<br />
Northwest District Headquarters<br />
Sheriff<br />
1045 Wedgewood Estates<br />
Lakeland<br />
Fire Station # 120 (Providence)<br />
Fire<br />
8955 US 98 North<br />
Lakeland<br />
EMS Station MD 11/12 (Lakeland-N)<br />
EMS<br />
5201 Cornell Street<br />
Lakeland<br />
Source: <strong>Polk</strong> <strong>County</strong> Sheriff’s Office and <strong>Polk</strong> <strong>County</strong> GIS Division.<br />
Approximate Distance From Subject Site<br />
5 ± miles<br />
0.7 ± miles<br />
4 ± miles<br />
Response times vary for the aforementioned services depending on the nature of the call and on<br />
the location of these services. However, the three above mentioned public safety entities<br />
(sheriff, fire and EMS) are members of the Development Review Committee (DRC) and have<br />
reviewed and approved the proposed request. While the subject site is located in the RDA, it is<br />
located less than one mile from the Urban Growth Area and has access on a major thoroughfare<br />
such as US 98, which results in services being located in relatively close proximity to the subject<br />
site, especially in comparison to other sites located within the RDA.<br />
Water and Sewer Capacity and Service Provider:<br />
A. Service Provider:<br />
Since the subject site is located within the RDA, centralized water and wastewater are not<br />
planned for this area. The site utilizes an existing two inch (2”) well for potable water and the<br />
existing septic system is a 1,<strong>05</strong>0 gallon tank with 500 square feet of drain field in an absorption<br />
bed elevated 12 inches above ground level. No changes are proposed with this modification.<br />
B. Available Capacity:<br />
According to the <strong>Polk</strong> <strong>County</strong> Concurrency Manual, the existing Future Land Use would allow<br />
maximum of three (3) single-family residences resulting in the following impacts: 1,080 GPD of<br />
potable water and 810 GPD of wastewater; and the proposed use – a 4,000 square foot retail<br />
building with non-irrigated fields (which already exists) – results in 960 GPD of potable water<br />
DRC Findings/Recommendation Page 8 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
and 720 GPD of wastewater. Therefore, the existing use and the requested modification results<br />
in less potable water and wastewater consumption than if the property were developed with<br />
residential uses.<br />
Proposed Site<br />
32.01 ± acres<br />
(A/RRX)<br />
Permitted Density/<br />
Maximum number of<br />
Lots<br />
Potable Water<br />
Consumption<br />
Wastewater Generation<br />
Source: <strong>Polk</strong> <strong>County</strong> Concurrency Manual<br />
C. Planned Improvements:<br />
(Existing Land Use<br />
Designation)<br />
32.01 acres A/RRX;<br />
(1 du/ 10 ac= 3 du)<br />
1,080 GPD<br />
810 GPD<br />
Estimated Impact Analysis<br />
(Maximum Density /<br />
Usage)<br />
4,000 sq. ft. retail<br />
building and nonirrigated<br />
fields &3 du<br />
1,080 GPD + 960 GPD<br />
= 2,040 GPD<br />
810 GPD + 720 GPD<br />
= 1,530 GPD<br />
(Proposed Site Plan)<br />
4,000 sq. ft. retail<br />
building and nonirrigated<br />
fields<br />
960 GPD<br />
720 GPD<br />
There are no planned improvements at this time. The existing well and septic systems are<br />
working adequately and were permitted when the 4,000 square foot structure was developed on<br />
site. Any future changes to the well or septic system will be reviewed by the Southwest Florida<br />
Water Management District (SWFWMD) or the Florida Department of Health respectively.<br />
Roadways/Transportation Network:<br />
The subject site has frontage on US 98 North, a multi-modal two-lane undivided arterial<br />
roadway, with 32 feet of pavement width. US 98 North transitions to a four-lane divided<br />
roadway approximately 900 feet south of the site. Currently, both links of US 98 North impacted<br />
by the existing use (5416N & 5416S) have an adopted level-of-serve (LOS) of D and the<br />
northbound link is operating at an LOS of B while the southbound link is operating at an LOS of<br />
C. The existing use of paintball fields has been taking place on the site for several years. Prior<br />
to Central Florida Paintball occupying the site, the VFW occupied the 4,000 square foot building<br />
and several different driving ranges utilized the area behind the building. The proposed<br />
modification to the Conditional Use approving the paintball fields is not anticipated to result in<br />
additional traffic along these two segments of US 98 North. In the event additional trips are<br />
generated due to a special event or tournament, there is ample capacity to support those<br />
temporary additional trips.<br />
Link<br />
#<br />
Direction<br />
Road Name & Link Description<br />
Current<br />
LOS<br />
Available<br />
Capacity<br />
*<br />
Minimum<br />
LOS<br />
Standard<br />
5416 North US 98 (Daughtery Road W. to Rock Ridge Rd.) B 476 D<br />
5416 South US 98 (Daughtery Road W. to Rock Ridge Rd.) C 149 D<br />
Source: <strong>Polk</strong> <strong>County</strong> Roadway Network Database (June 6, <strong>2012</strong>) * PM/Peak Hour Capacity<br />
DRC Findings/Recommendation Page 9 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
B. Roadway Conditions:<br />
Since US 98 North is maintained by the Florida Department of Transportation (FDOT), a<br />
pavement condition index (PCI) rating is not available; however, a site visit in October of <strong>2012</strong><br />
confirmed that the roadway is in good condition, has adequate pavement width and should not be<br />
adversely impacted by approval of this modification to an existing conditional use.<br />
Proposed Site<br />
32.01 ± acres<br />
(ARRX)<br />
Permitted Density/<br />
Maximum number of<br />
Lots<br />
Average Annual Daily<br />
Trips (AADT)<br />
Estimated Impact Analysis (Residential / Commercial)<br />
(Existing Land Use<br />
Designation)<br />
(Maximum Density /<br />
usage)<br />
(Proposed Site Plan)<br />
32.01 acres A/RRX;<br />
(1 du/ 10 ac= 3 du)<br />
4,000 sq. ft. retail<br />
building and nonirrigated<br />
fields & 3 du<br />
4,000 sq. ft. retail<br />
building and nonirrigated<br />
fields<br />
2 346 + 24 = 370 346<br />
4 15 + 4 = 19 15<br />
PM Peak Hour Trips<br />
Source: Institute of Transportation Engineers (ITE)- 8 th Edition<br />
C. Planned Improvements:<br />
There are no planned improvements for this segment of US 98 North at this time.<br />
Environmental Conditions:<br />
A. Surface Water/ Drainage:<br />
There are no surface water bodies on or near the site, and the site naturally drains from the north<br />
and west portion of the site to the south and east portion of the site. The highest elevation on site<br />
is 136 feet (near the center of the site) and the lowest is 125 feet.<br />
B. Wetlands/Floodplains:<br />
Approximately fifty percent (50%) of the site is uplands, and the remainder of the site contains<br />
wetlands and/or floodplain. The wetlands and floodplain are located in the southwest and<br />
eastern portion of the site. The paintball fields are all located on the upland portions of the site,<br />
and a Level 2 site plan showed the woodsball fields as being approximately 150’ from the<br />
floodplain and wetlands located on site. During the original hearing for CU 11-<strong>05</strong>, the applicant<br />
indicated that no activities will be carried out on the floodplain and/or wetland portions of the<br />
site. In regards to paintball being played in an Area of Critical State Concern, the applicant<br />
provided information during the original CU 11-<strong>05</strong> review concerning the chemical make up of<br />
the paintballs utilized in the proposed use. According to the applicant, the paintballs used on site<br />
are environmentally safe. The information provided by the applicant indicates that the “paint”<br />
used in capsules is not really paint, but rather a starch mixture colored with food coloring that is<br />
non-toxic to participants and the environment.<br />
DRC Findings/Recommendation Page 10 of 23<br />
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C. Wells (Public/Private)<br />
The applicant has indicated that a 2 inch private well provides potable water to the site. The<br />
applicant will be required to adhere to all applicable SWFWMD regulations concerning the<br />
usage of this well.<br />
D. Airports:<br />
The site is not located within an Airport Buffer Zone.<br />
E. Soils:<br />
Soil Name<br />
Small Commercial<br />
Buildings/<br />
Development<br />
Limitations<br />
Septic Tank<br />
Limitations<br />
Approximate<br />
Percentage of Site<br />
Tavares fine sand/ 0 to 5 percent Slight Moderate: wetness. 35%<br />
Samsula muck<br />
Severe: ponding. low Severe: ponding, poor<br />
strength.<br />
filter.<br />
40%<br />
Pomona fine sand<br />
Severe: wetness.<br />
Severe: wetness, percs<br />
slowly.<br />
15%<br />
Sparr Sand/ 0 to 5 percent Moderate: wetness. Moderate: wetness. 10%<br />
Source: Soil Survey of <strong>Polk</strong> <strong>County</strong>, Florida<br />
There are four soil types found on the subject site: Tavares fine sand/ 0 to 5 percent, Samsula<br />
muck, and Pomona fine sand, and Sparr sand/ 0 to 5 percent. Tavares, Sparr, and Pomona sands<br />
are found mainly on the upland portions of the site, while Samsula muck is found on those<br />
portions of the site that are located within the floodplain and contain forested wetlands. The<br />
existing structure is located on the portion of the site comprised of Sparr sand. As shown in the<br />
table above, the soils associated with the developable/upland portions of the site have slight to<br />
moderate limitations concerning development and the soil type present on the portions of the site<br />
that are floodplain and/or wetlands are severe. The limitations concerning septic tanks on the<br />
subject site range from moderate to severe; however, the subject site is already developed with a<br />
septic tank and the conditional use modification does not propose additional development of the<br />
site.<br />
F. Protected Species:<br />
The site is located within one mile of Gator Creek Reserve. Gator Creek Reserve is a 2,708 acre<br />
environmental lands area that was purchased by <strong>Polk</strong> <strong>County</strong> with the assistance of a Florida<br />
Communities Trust grant. According to <strong>Polk</strong> <strong>County</strong>’s environmental lands staff, Gator Creek<br />
Reserve has about five miles of established trails (one of which is paved) that take visitors<br />
through shaded pine, cypress and oak forest. Wildlife that may be observed at the reserve<br />
include: deer, turkey, fox, squirrels and gopher tortoises. No adverse impacts to plants, animals<br />
or other protected species are anticipated with the approval of a modification to the conditions of<br />
approval for Central Florida Paintball.<br />
DRC Findings/Recommendation Page 11 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Park Facilities:<br />
Allowing the modification to the conditional use will provide residents of <strong>Polk</strong> <strong>County</strong> and<br />
neighboring counties opportunity to actively participate in the sport of paintball. While this<br />
particular use is operated by a private business, there are health benefits associated with physical<br />
activities such as paintball.<br />
This site is nowhere near any <strong>County</strong> park facilities; however, it is within 300’ of the boundary<br />
of the Gator Creek preserve.<br />
Economic Factors:<br />
See Exhibit 6- Economic Analysis conducted by Ryan Pickles with the <strong>Polk</strong> <strong>County</strong> Tourism and<br />
Sports Marketing. This Economic analysis was submitted for the original CU 11-<strong>05</strong> hearing in<br />
2011.<br />
Consistency with Comprehensive Plan:<br />
The request is consistent with Policy 2.102-A1 thru A15 (Growth Management policies); Policy<br />
2.108-A1 thru A-5 (Rural Development Areas policies); Policy 2.307-A1 thru A5 (Floodplains);<br />
and Policy 2.308-A1 thru A6 (Wetlands).<br />
Comments from other Agencies:<br />
None<br />
Exhibits:<br />
Exhibit 1 Location Map<br />
Exhibit 2 Aerial Photograph<br />
Exhibit 3 Future Land Use Map<br />
Exhibit 4 Wetland/Floodplain Map<br />
Exhibit 5 Site Plan<br />
Exhibit 6 Original CU 11-<strong>05</strong> Site Plan<br />
Exhibit 7 Economic Analysis<br />
Exhibit 8 Conditions as Approved by the Board of <strong>County</strong> Commissioners<br />
Exhibit 9 Proposed Conditions of Approval from the Applicant of CU 11-<strong>05</strong>M<br />
Exhibit 10 Conditions of Approval Recommended by Staff<br />
Exhibit 11 Noise Study Prepared by Applicant for July 12, 2011 De Novo Hearing (5 pages)<br />
DRC Findings/Recommendation Page 12 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Exhibit 1<br />
LOCATION MAP<br />
DRC Findings/Recommendation Page 13 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Exhibit 2<br />
AERIAL PHOTOGRAPH<br />
DRC Findings/Recommendation Page 14 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Exhibit 3<br />
RSX<br />
A/RRX<br />
A/RRX<br />
CEX<br />
RL-4<br />
A/RRX<br />
RL-2<br />
FUTURE LAND USE MAP<br />
DRC Findings/Recommendation Page 15 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Exhibit 4<br />
360’<br />
WETLAND/FLOODPLAIN MAP<br />
DRC Findings/Recommendation Page 16 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Exhibit 6<br />
ORIGINAL CU 11-<strong>05</strong> SITE PLAN<br />
DRC Findings/Recommendation Page 18 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Exhibit 7<br />
Central Florida Paintball<br />
Since 2006, Central Florida Paintball has been an essential partner in <strong>Polk</strong> <strong>County</strong> Tourism and<br />
Sports Marketing’s (PCTSM) efforts to expand our event portfolio to include the sport of<br />
paintball. The efforts of Central Florida Paintball owner John Smith helped PCTSM to begin<br />
hosting Paintball events starting in 2007. Those grassroots efforts eventually helped lead into<br />
not only expanding the series of paintball events hosted at the Central Florida Paintball facility in<br />
North Lakeland, but also helped establish a relationship with two national-level paintball<br />
organizations who now host their two premier championship events in <strong>Polk</strong> <strong>County</strong> annually.<br />
Staff first met with Central Florida Paintball owner John Smith back in 2007 to discuss the<br />
possibilities of hosting some multiple day events out at the Central Florida Paintball facility in<br />
North Lakeland. In partnership with PCTSM, Central Florida Paintball created the Southern<br />
Paintball Championship Series, now known as the Central Florida Paintball Event Series. The<br />
series consists of six separate events that take place on six different weekends over the course of<br />
the year. The events are all two-day tournaments that draw on average between 30 and 45<br />
paintball teams from across the state of Florida to compete. Since 2008, the Central Florida<br />
Paintball Event Series generates over $500,000 in economic impact to <strong>Polk</strong> <strong>County</strong> annually.<br />
On top of their own series, Central Florida Paintball and John Smith has been an important<br />
partner in recruiting two prestigious paintball events to <strong>Polk</strong> <strong>County</strong>. The National Collegiate<br />
Paintball Association (NCPA) has hosted their NCPA Collegiate Paintball National<br />
Championships at the Central Florida Paintball Facility in Lakeland each April since 2008. The<br />
event generates over $600,000 in economic impact to <strong>Polk</strong> <strong>County</strong> each year, and also includes<br />
television coverage on the Fox Collegiate Sports Network. The television coverage includes<br />
highlights from the event at the facility, as well as exposure for Lakeland and <strong>Polk</strong> <strong>County</strong> as a<br />
premier paintball and sports destination. Fox Sports Network airs the taped one-hour program<br />
on their family of networks over 50 times from June through September each year. PCTSM just<br />
recently negotiated to keep the event at Central Florida Paintball in April 2011, after Loudon<br />
<strong>County</strong> in Virginia put together and offered a bid package in an attempt to bring the event to<br />
their area.<br />
(Continued on next page)<br />
ECONOMIC ANALYSIS<br />
DRC Findings/Recommendation Page 19 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Paintball Sports Promotions (PSP) formerly hosted their World Cup at Disney’s Wide World of<br />
Sports for over six years up until 2008. PSP is the premier professional tournament paintball<br />
league in the world and the World Cup is their largest and premier event. The World Cup is a<br />
five-day event that consists of tournament competition and a massive trade show, which draws<br />
over 5,000 participants and spectators from across the world. Through their contacts and<br />
relationships with PSP staff, Central Florida Paintball assisted PCTSM staff in early 2009 by<br />
passing along a lead that PSP was potentially looking for a new venue for the World Cup each<br />
October. Over the summer of 2009, PCTSM and Central Florida Paintball hosted PSP staff on<br />
multiple site visits that culminated with PSP agreeing to bring their 2009 World Cup to Fantasy<br />
of Flight. PCTSM has since negotiated with PSP to host the World Cup at Fantasy of Flight in<br />
<strong>Polk</strong> <strong>County</strong> through <strong>2012</strong>. The event generates over $3.5 million in economic impact each year.<br />
In summary, Central Florida Paintball has been an important local partner to PCTSM in creating<br />
and bringing paintball events in <strong>Polk</strong> <strong>County</strong>. After creating marketing plans in 2006 and 2007<br />
that included a focus on diversifying our sports event portfolio, paintball became a targeted<br />
market for PCTSM staff. After researching and identifying Central Florida Paintball’s facility in<br />
North Lakeland as one of the premier paintball facilities in the country, PCTSM has fortified a<br />
partnership with Central Florida Paintball that has helped us be very successful in the paintball<br />
event market. Now PCTSM hosts eight paintball events each year, with the potential for even<br />
more growth in the market with the new Action Paintball Facility in Winter Haven. The<br />
presence of a top-notch paintball facility in Central Florida Paintball in Lakeland, along with the<br />
combined efforts to recruit and host the Central Florida Paintball Series and NCPA National<br />
Championships there, and the PSP World Cup at Fantasy of Flight, has helped <strong>Polk</strong> <strong>County</strong> to<br />
achieve its goal of becoming one of the premier paintball event destinations in the United States.<br />
ECONOMIC ANALYSIS (CONT.)<br />
DRC Findings/Recommendation Page 20 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Exhibit 8<br />
1. This Conditional Use approval is for an existing ±4,000 square foot retail building (pro shop);<br />
six (6) paintball fields and a woodsball field; and associated storage structures. [PLG]<br />
2. The normal business hours of operation for the proposed use are as follows:<br />
Retail Shop: Daily, 9:00 a.m. to 5:00 p.m.<br />
Paintball and Woodsball fields: 1 weekday, Saturday and Sunday, 9:00 a.m. to 5:00 p.m.<br />
3. The applicant may host up to eight (8) Special Events per calendar year. Such events shall not<br />
exceed three (3) consecutive days (Friday-Sunday), but will still be required to adhere to typical<br />
hours of operation as stated in Condition #2. [PLG]<br />
4. At no time shall the applicant allow paintball activities to occur on those portions of the site<br />
designated as wetlands or floodplain. [PLG & CE]<br />
5. The applicant shall submit Level 2 plans within 90 days of this approval, and receive Level 2<br />
approval within 180 days of this approval. [PLG]<br />
6. No air horns or similar type devises shall be utilized in association with paintball activities<br />
conducted on site. [Added by <strong>Planning</strong> Commission]<br />
7. A Type B Buffer (as described by the Land Development Code) will be required along the<br />
northern and western property lines (as depicted on site plan) to provide a buffer for contiguous<br />
parcels and uses. [PLG]<br />
8. The applicant shall clearly mark the eastern boundary of the woodsball course (via ropes,<br />
stakes, or similar materials) to discourage activities from occurring within adjacent areas<br />
designated as wetlands and/or floodplains. [PLG]<br />
CONDITIONS AS APPROVED BY THE<br />
BOARD OF COUNTY COMMISSIONERS<br />
DRC Findings/Recommendation Page 21 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Exhibit 9<br />
1. This Conditional Use approval is for an existing ±4,000 square foot retail building (pro shop);<br />
six (6) paintball fields and a woodsball field; and associated storage structures.<br />
2. The normal business hours of operation for the proposed use are as follows:<br />
Retail Shop: Daily, 8:00 AM to 7:00 PM<br />
Paintball and Woodsball fields: Weekdays, Saturday and Sunday 8:00 AM to 8:00 PM<br />
3. The applicant may host up to twelve (12) Special Events per calendar year. Such events will<br />
still be required to adhere to typical hours of operation as stated in Condition #2. Three of the<br />
twelve special events noted above, CFP will be allowed to be open for up to 57 consecutive<br />
hours beginning Friday morning at 8:00AM and ending Sunday evening at 5:00 PM.<br />
4. At no time shall the applicant allow paintball activities to occur on those portions of the site<br />
designated as wetlands or floodplain.<br />
5. No air horns or similar type devises shall be utilized in association with paintball activities<br />
conducted on site.<br />
6. The applicant shall clearly mark the eastern boundary of the woodsball course (via ropes,<br />
stakes, or similar materials) to discourage activities from occurring within adjacent areas<br />
designated as wetlands and/or floodplains.<br />
PROPOSED CONDITIONS OF APPROVAL<br />
FROM THE APPLICANT OF CU 11-<strong>05</strong>M<br />
DRC Findings/Recommendation Page 22 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
Exhibit 9<br />
1. This Conditional Use approval is for an existing ±4,000 square foot retail building (pro<br />
shop); six (6) paintball fields and a woodsball field; and associated storage structures.<br />
[PLG]<br />
2. The normal business hours of operation for paintball and woodsball fields are 9:00 AM to<br />
7:00 PM (or dusk, whichever comes first). The paintball and woodsball fields may be<br />
open for one weekday and the weekend.<br />
3. No air horns or similar type devices shall be utilized in association with paintball<br />
activities conducted on site. [PLG]<br />
4. An eight foot (8’) opaque fence shall be installed and maintained along the northern and<br />
western property lines. The fence along the northern property line shall begin at the<br />
northwestern corner of the property and continue to the eastern edge of the woodsball<br />
course. The fence along the western property line shall begin at the southern end of the<br />
existing wooden fence and continue southward to a point even with the northern corner of<br />
the retail store. In the event either fence is removed, for whatever reason, the fence shall<br />
be replaced. [PLG]<br />
5. The applicant shall clearly mark the eastern boundary of the woodsball course (via ropes,<br />
stakes, or similar materials) to discourage activities from occurring within adjacent areas<br />
designated as wetlands and/or floodplains. The eastern boundary of the woodsball course<br />
shall be at least 150 feet westward from the edge of the wetlands as depicted on the original<br />
site plan for CU 11-<strong>05</strong>. [PLG]<br />
6. The applicant shall comply with the new conditions of approval immediately. However,<br />
the 8’ opaque fence shall be in place no later than 5:00 PM on March 5, 2013 or the use<br />
shall cease and desist until staff determines the conditions of approval have been met.<br />
Also, use of the woodsball course shall cease and desist until the marking of the eastern<br />
boundary of the woodsball course is complete. [PLG]<br />
7. At no time shall the applicant allow paintball activities to occur on those portions of the<br />
site designated as wetlands or floodplain. [PLG & CE]<br />
8. Designated parking areas and the paintball fields may be relocated within the site; however,<br />
neither paintball fields nor vehicle parking will be permitted within 40 feet of the northern<br />
property line. [PLG]<br />
9. The applicant may host up to twelve (12) Tournament Events per calendar year. Such<br />
events shall not exceed three (3) consecutive days, but will still be required to adhere to<br />
typical hours of operation as stated in Condition #2. [PLG]<br />
CONDITIONS OF APPROVAL<br />
RECOMMENDED BY STAFF<br />
DRC Findings/Recommendation Page 23 of 23<br />
Level 3/TAV 11/21/<strong>2012</strong> 9:52 AM CU 11-<strong>05</strong>M <strong>December</strong> 5, <strong>2012</strong>
POLK COUNTY<br />
DEVELOPMENT REVIEW COMMITTEE<br />
STAFF REPORT<br />
DRC Date October 4, <strong>2012</strong> LEVEL: 3<br />
PC Date: <strong>December</strong> 5, <strong>2012</strong> TYPE: Conditional Use (CU)<br />
BOCC Date (s): N/A CASE #: CU 12-19<br />
Project Number:<br />
Request:<br />
Applicant:<br />
Property Owner:<br />
Location:<br />
Size:<br />
Land Use Designation:<br />
Development Area:<br />
Nearest Municipality:<br />
Case Planner:<br />
56063 (New Destiny Church)<br />
The request is to recognize an existing church and allow for its<br />
expansion of an additional 3,904 square feet.<br />
ECON South, LLC.<br />
Peninsular Florida District Council<br />
West of U.S. Highway 17/92, north of Ronald Reagan Parkway, east<br />
of Old Kissimmee Road and south of Parker Road, in Section 12,<br />
Township 26, and Range 27.<br />
2.35± acres<br />
Residential Medium-X (RMX) and Ronald Reagan Parkway Selected<br />
Area Plan (SAP)<br />
Transit Supportive Development Area (TSDA)<br />
The city limits of Davenport are more than 5 miles south of the site.<br />
Brigitte D’Orval<br />
Summary of Analysis:<br />
This request is for conditional use approval of a 6,966 square foot religious institution complex. The<br />
subject site is approximately 2.35 acres in size and is within the Residential Medium-X (RMX)<br />
Future Land Use district. Religious institutions may be permitted in the RMX land use district with<br />
Level 3 conditional use approval (approval by the <strong>Planning</strong> Commission), in accordance with Table<br />
2.1 and Section 303 of the Land Development Code (LDC).<br />
The proposed religious institution complex will access U.S. Highway 17/92 which is classified as a<br />
Principal Arterial in the <strong>2012</strong> <strong>Polk</strong> <strong>County</strong> Roadway Database. U.S. Highway 17/92 has sufficient<br />
trips available on the road network, and is operating within its adopted level of service. In<br />
accordance with Section 303 of the LDC, all parking is located more than 25 feet from adjacent<br />
residential land uses.<br />
DRC Findings/Recommendation Page 1 of 11<br />
Level 3/BGD 11/20/<strong>2012</strong> 2:27 PM CU 12-19 <strong>December</strong> 5, <strong>2012</strong>
The applicant is currently utilizing an onsite well. The site also contains its own septic system.<br />
However, the property is within the <strong>Polk</strong> <strong>County</strong> utility service area and may be required to connect<br />
to the Northeast Regional <strong>County</strong> Utilities for potable water and wastewater service. It is neither<br />
likely this development will cause a major burden to law enforcement or EMS services nor should it<br />
negatively impact the school or park systems.<br />
Development Review Committee<br />
Findings of Fact<br />
1. The request is to recognize an existing church and allow for its expansion of approximately<br />
3,904 square feet for a total of 6,966 square feet.<br />
2. The property is 2.35 acres and located in the Residential Medium “X” (RMX) future land use<br />
district within the Ronald Reagan Selected Area Plan (SAP). A religious institution is a<br />
Level 3 Conditional Use in this land use district and may be allowed with approval of the<br />
<strong>Planning</strong> Commission.<br />
3. The site has frontage on U.S. Highway 17/92. U.S. Highway 17/92 (link #5021) is a<br />
principal arterial. According to the <strong>Polk</strong> <strong>County</strong> Transportation <strong>Planning</strong> Organization,<br />
U.S. Highway 17/92 has sufficient trips available for the proposed expansion. U.S. Highway<br />
17/92 currently has a peak hour/peak season Level of Service of “D” and an adopted peak<br />
hour Level of Service of “D”.<br />
4. The site is currently utilizing a well and septic system for potable water and wastewater.<br />
5. The proposed expansion of the existing religious institution will have capacity for<br />
approximately 228 seats. According to the <strong>Polk</strong> <strong>County</strong> Concurrency Manual, a 228 seat<br />
church will produce an average demand of 1,140 gallons per day of potable water.<br />
Wastewater generation is expected to be approximately 855 gallons per day.<br />
6. The site is not within a one mile radius of endangered plant and animal habitats, according<br />
to the Florida Natural Areas Inventory of <strong>2012</strong>.<br />
7. The subject site has a small wetland area on the eastern most portion of the site which will<br />
not be impacted by any development.<br />
8. The soils are classified as predominately Tavares Fine Sand/0 to 5 percent slopes which have<br />
moderate limitations on small commercial buildings.<br />
9. The nearest Fire Station is the Davenport Fire Station #230, located at 510 Ronald Reagan<br />
Parkway. The nearest EMS Station is the Davenport EMS Station #220, located at 126<br />
Cottonwood Drive. The fire station is approximately 0.8 miles from the site and the EMS<br />
station is approximately 9 miles from the subject site. The <strong>Polk</strong> <strong>County</strong> Sheriff’s Office,<br />
located at 6312 Old Kissimmee Road in Loughman is approximately 0.5 miles west of the<br />
subject site.<br />
DRC Findings/Recommendation Page 2 of 11<br />
Level 3/BGD 11/20/<strong>2012</strong> 2:27 PM CU 12-19 <strong>December</strong> 5, <strong>2012</strong>
The Development Review Committee, based on the staff report finds that the proposed request as<br />
conditioned is consistent with the surrounding land uses and general character of the area; is<br />
consistent with the <strong>Polk</strong> <strong>County</strong> Land Development Code and is consistent with the <strong>Polk</strong> <strong>County</strong><br />
Comprehensive Plan.<br />
Development Review Committee Recommendation: Based upon the findings of fact, the information<br />
provided by the applicant, and a recent site visit, the Development Review Committee recommends<br />
APPROVAL of CU 12-19 with conditions.<br />
CONDITIONS OF APPROVAL:<br />
1. This conditional use is approved for a religious institution which will be approximately 6,966<br />
square feet. [PLG]<br />
2. All proposed parking shall be setback a minimum of 25 feet from all surrounding residential<br />
land uses. [PLG]<br />
3. Prior to Level 2 Review approval, the applicant shall provide certification from a registered<br />
professional engineer that adequate water pressure and capacity exist to maintain fire flow as<br />
determined by the <strong>Polk</strong> <strong>County</strong> Fire Marshal. [FM]<br />
GENERAL NOTES<br />
NOTE: Approval of this project shall not constitute a waiver or variance from any applicable<br />
development regulation unless specifically noted in the conditions of approval and consistent with<br />
LDC Section 930 D.<br />
NOTE: All written commitments made in the application and subsequent submissions of information<br />
made during the application review process, which are on file with the Land Development Division,<br />
shall be considered to be binding upon the applicant, provided such commitments are not at<br />
variance with the Comprehensive Plan, LDC or other development regulations in effect at the time<br />
of development.<br />
Surrounding Land Use Designations and Current Land Use Activity:<br />
Northwest:<br />
RMX;<br />
Residential homes<br />
West:<br />
RMX;<br />
Residential homes<br />
Southwest:<br />
CACX;<br />
Undeveloped<br />
Source: GIS Data Viewer and field visit<br />
North:<br />
RMX;<br />
Residential homes<br />
Subject Property:<br />
RMX;<br />
Church<br />
South:<br />
CACX;<br />
Undeveloped<br />
Northeast:<br />
RMX;<br />
Residential homes<br />
East:<br />
RMX;<br />
Residential homes<br />
Southeast:<br />
CACX;<br />
Residential homes<br />
DRC Findings/Recommendation Page 3 of 11<br />
Level 3/BGD 11/20/<strong>2012</strong> 2:27 PM CU 12-19 <strong>December</strong> 5, <strong>2012</strong>
Compatibility with the Surrounding Land Uses:<br />
A. Land Uses:<br />
The proposed expansion of the existing church will seat approximately 228 parishioners on<br />
approximately 2.35 acres within the RMX future land use district. The site is primarily surrounded<br />
by residential homes. To the north, south, east and west is a combination of vacant parcels and<br />
scattered residential development throughout the area.<br />
B. Infrastructure:<br />
The proposed development is located in the Transit Supportive Development Area (TSDA). The<br />
applicant currently has a well for potable water and a septic tank for wastewater service. U.S.<br />
Highway 17/92 is currently operating within its adopted Level of Service. It is neither likely this<br />
development will cause a major burden to law enforcement or EMS services nor should it negatively<br />
impact the school or park systems.<br />
Nearest Elementary, Middle, and High School<br />
This request is for a religious institution; therefore no additional students will be generated by this<br />
development. The proposed religious institution should not conflict with nearby schools or bus<br />
routes.<br />
Nearest Sheriff, Fire, and EMS Station<br />
Name of Station<br />
Approximate Distance From Subject Site<br />
Sheriff<br />
<strong>Polk</strong> <strong>County</strong> Sheriff’s Office<br />
0.5 miles<br />
6312 Old Kissimmee Road, Loughman<br />
Fire Davenport Fire Station #230 (24/7) 0.8 miles<br />
EMS Davenport EMS Station #220 (24/7) 9 miles<br />
Source: <strong>Polk</strong> <strong>County</strong> Sheriff’s Office and Davenport Fire & EMS Division.<br />
Response times vary for the aforementioned services depending on the nature of the call and on the<br />
location of these services. The church has been at this location since the 1977. The additional<br />
structures to the overall religious complex should not contribute to an overall increase of demand on<br />
services.<br />
Water and Sewer Capacity and Service Provider:<br />
A. Service Provider:<br />
The proposed development is located in the Transit Supportive Development Area (TSDA). The<br />
applicant is currently using a well for potable water and septic for wastewater service.<br />
B. Available Capacity:<br />
According to average daily water consumption and wastewater generation rates contained in the<br />
<strong>Polk</strong> <strong>County</strong> concurrency manual, this project will consume approximately 1,140 GPD of potable<br />
water and will generate 855 GPD of wastewater.<br />
DRC Findings/Recommendation Page 4 of 11<br />
Level 3/BGD 11/20/<strong>2012</strong> 2:27 PM CU 12-19 <strong>December</strong> 5, <strong>2012</strong>
Proposed Site – 2.35<br />
acres<br />
(RMX)<br />
Permitted Density/<br />
Maximum number of Lots<br />
(Existing Land Use<br />
Designation)<br />
1 single-family<br />
dwelling unit<br />
Estimated Impact Analysis<br />
(Maximum Density /<br />
Usage)<br />
15 single-family<br />
dwelling units by<br />
achieving the maximum<br />
density for a Planned<br />
Development<br />
(Proposed Site Plan)<br />
religious institution<br />
approximately<br />
(228 seats)<br />
Potable Water<br />
Consumption<br />
360 GPD 5,400 GPD 1,140 GPD<br />
Wastewater Generation 270 GPD 4,<strong>05</strong>0 GPD 855 GPD<br />
Source: <strong>Polk</strong> <strong>County</strong> Concurrency Manual<br />
C. Planned Improvements:<br />
It is not anticipated that this development will require system improvements beyond the normal line<br />
extensions.<br />
Roadways/Transportation Network:<br />
The applicant has driveway access onto U.S. Highway 17/92, which is classified as a Principal<br />
Arterial roadway.<br />
A. Capacity:<br />
The <strong>Polk</strong> <strong>County</strong> Concurrency Manual estimates that the proposed use will generate 64 average<br />
daily trips and 4 PM peak-hour trips, based on Institute of Traffic Engineers (ITE) rates. As is<br />
indicated in the table below, U.S. Highway 17/92 is currently operating within the adopted level of<br />
service, based on the <strong>2012</strong> Roadway Network Database.<br />
Link # Direction Road Name Current<br />
LOS<br />
5021 North U.S. 17/92 from <strong>County</strong> Road 547 to<br />
Osceola <strong>County</strong> Line<br />
5021 South U.S. 17/92 from <strong>County</strong> Road 547 to<br />
Osceola <strong>County</strong> Line<br />
* PM/Peak Hour Capacity<br />
Source: <strong>2012</strong> <strong>Polk</strong> <strong>County</strong> Road Network Database<br />
B. Roadway Conditions:<br />
Available<br />
Capacity*<br />
Minimum<br />
LOS<br />
Standard<br />
D 737 D<br />
D 774 D<br />
U.S. Highway 17/92 is a two-lane principal arterial with approximately 20 feet of pavement width<br />
on the portion that abuts the subject site.<br />
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Proposed Site – 2.35<br />
acres<br />
(RMX)<br />
Permitted Density/<br />
Maximum number of Lots<br />
Estimated Impact Analysis (Residential / Commercial)<br />
(Existing Land Use<br />
Designation)<br />
(Maximum Density /<br />
usage)<br />
(Proposed Site Plan)<br />
1 single-family<br />
dwelling unit<br />
15 single-family<br />
dwelling units by<br />
achieving the<br />
maximum density for a<br />
Planned Development<br />
religious institution<br />
seating for<br />
approximately 228<br />
individuals<br />
Average Annual Daily<br />
9 135 64<br />
Trips (AADT)<br />
PM Peak Hour Trips 1 15 4<br />
Source: <strong>Polk</strong> <strong>County</strong> Concurrency Manual and Institute of Traffic Engineers (ITE)<br />
Environmental Conditions:<br />
A. Surface Water:<br />
The nearest water body is Lake Locke approximately ½ mile to the southwest. There are no existing<br />
water bodies on the site or flood plains on the subject site. There is a small wetland on the eastern<br />
most portion of the subject site which will not be impacted as part of this expansion; therefore, it<br />
does not appear that this facility will pose any adverse impacts to any water bodies.<br />
B. Wetlands/Floodplains:<br />
There are no floodplains on the subject site. There is a small wetland on the eastern property<br />
boundary which will not be impacted as a result of this development.<br />
C. Wells (Public/Private)<br />
According to the applicant, there is a potable well on the site.<br />
D. Archeological Resources:<br />
According to the State Office of Historic Preservation, this site is not located on or near any known<br />
archeological resources.<br />
E. Airports:<br />
The subject site is not within an airport buffer zone.<br />
F. Soils:<br />
Soil Name<br />
Small<br />
Commercial<br />
Buildings<br />
Septic Tank<br />
Limitations<br />
Tavares Fine Sand/0 to 5 percent slopes Moderate: wetness Severe: wetness, poor<br />
filter<br />
Approximate<br />
Percentage of Site<br />
100%<br />
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All impacts to the site will be on the upland portion of the site. The limitation on small commercial<br />
buildings is due to wetness. The soils on this property are not the best for small commercial<br />
buildings. Significant amendments and structural supports will be necessary to construct on most of<br />
this site.<br />
G. Protected Species:<br />
According to the Florida Natural Areas Inventory (FNAI) Endangered/Threatened Habitat Resource<br />
Protection Map of <strong>2012</strong>, the subject property is not located within any one-mile buffer areas for<br />
endangered or threatened plant and animal species.<br />
Park Facilities:<br />
This request is for a non-residential conditional use; therefore estimating impacts to the nearest<br />
recreation facility is not relevant. The construction of the religious institution complex will not<br />
adversely impact any existing park facilities.<br />
Economic Factors:<br />
While the construction of the church will provide short-term benefit to <strong>Polk</strong> <strong>County</strong>’s construction<br />
industry, in general, religious institutions meet the criteria for having 501(c)(3) status, and are thus<br />
exempt from ad valorem taxes. Any impacts to infrastructure and services from this development<br />
will not be recouped through tax revenue.<br />
Consistency with Comprehensive Plan:<br />
The proposed project is consistent with Policy 2.125-E, Community Facilities, of the Comprehensive<br />
Plan.<br />
Comments from other Agencies:<br />
As included in the conditions.<br />
Exhibits:<br />
Exhibit 1<br />
Exhibit 2<br />
Exhibit 3<br />
Exhibit 4<br />
Location Map<br />
Future Land Use Map<br />
Aerial Photograph<br />
Site Plan<br />
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Exhibit 1<br />
Location Map<br />
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Exhibit 2<br />
ROS<br />
RM<br />
RM<br />
Site<br />
CAC<br />
CAC<br />
RL-4<br />
Future Land Use Map<br />
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Exhibit 3<br />
Site<br />
Aerial Map<br />
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Exhibit 4<br />
Site Plan<br />
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POLK COUNTY<br />
DEVELOPMENT REVIEW COMMITTEE<br />
STAFF REPORT<br />
DRC Date: October 4, <strong>2012</strong> LEVEL: 4<br />
PC Date: <strong>December</strong> 5, <strong>2012</strong> TYPE: Conditional Use<br />
BOCC Date: January 8, 2013 CASE #: CU 12-20<br />
Project Number:<br />
56068 (Trull Conditional Use)<br />
Request: Request to recognize uses of 1) Vehicle Sales and Leasing, 2)<br />
Vehicle Service, Mechanical, and 3) Vehicle Repair, Auto Body<br />
for an existing auto repair and sales facility and to remove the<br />
parcel from PUD 78-03 (Heaven Bound PUD).<br />
Applicant:<br />
Property Owner:<br />
Location:<br />
Size:<br />
Land Use Designation:<br />
Development Area:<br />
Nearest Municipality:<br />
Case Planner:<br />
Rick & Marylin Trull<br />
Marylin (Barkley) Trull<br />
6145 State Road 60 East, Bartow, on the south side of State Road<br />
60, approximately 1.4 miles west of the intersection of State Road<br />
60 and CR 655 (Rifle Range Road) in Section 31, Township 29,<br />
and Range 26.<br />
1.09± acres<br />
Commercial Enclave (CE)<br />
Gateway Selected Area Plan<br />
Rural Development Area (RDA)<br />
The municipal limits for the City of Bartow are along the north<br />
side of State Road 60, across from the subject parcel. The City’s<br />
<strong>Planning</strong> Director was notified of this Conditional Use in an e-mail<br />
on October 10, <strong>2012</strong>.<br />
Todd Vargo, AICP<br />
Summary of Analysis:<br />
The subject request is to recognize an existing business which performs “Vehicle Sales and<br />
Leasing,” “Vehicle Service, Mechanical,” and “Vehicle Repair, Auto Body” uses and to remove<br />
the subject site from PUD 78-03. In accordance with Table 2.1 of the Land Development Code<br />
(LDC), these uses are all Level 4 Review conditional uses within the Commercial Enclave (CE)<br />
Future Land Use district. Level 4 Review Conditional Uses require a public hearing before the<br />
<strong>Planning</strong> Commission at which the <strong>Planning</strong> Commission gives a recommendation for the<br />
subsequent Board of <strong>County</strong> Commissioner (BoCC) hearing. The BoCC has the ultimate<br />
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authority to approve or deny the request by determining whether the proposed Conditional Use<br />
conforms to the LDC and the <strong>Polk</strong> <strong>County</strong> Comprehensive Plan.<br />
PUD 78-03 was approved on August 1, 1978 by the Board of <strong>County</strong> Commissioners for a<br />
mobile home and recreational vehicle park. Subsequent modifications added commercial<br />
portions to the PUD. The commercial uses were limited to the uses allowed in the C-2 zoning<br />
district. Most of the PUD was not built; however, the <strong>Polk</strong> <strong>County</strong> Property Appraiser shows the<br />
auto repair building being constructed in 1986.<br />
In 1995, the Board of <strong>County</strong> Commissioners approved a Comprehensive Plan Amendment from<br />
Agricultural/Residential Rural to Commercial Enclave (CPA 95S-08). Although at the time staff<br />
could not place conditions on a Comprehensive Plan Amendment, the staff report clearly stated<br />
that the use was not consistent with the existing C-2 zoning district and that a Conditional Use<br />
approval was needed to make the automobile repair shop conforming. The Conditional Use was<br />
never applied for by the owner. Marilyn Barkley bought the property in 2006 and continued the<br />
existing use as an automobile repair shop under the belief that the use was “grandfathered.”<br />
Code Enforcement Division cited the Trulls for operating a salvage yard due to the cars parked in<br />
the rear of the lot. In the ensuing investigation, staff realized that a Level 4 Review Conditional<br />
Use is required for the trio of uses to continue on the property. Salvage Yards are not permitted<br />
within the Commercial Enclave Future Land use district and so the Trulls have removed the cars<br />
from the property.<br />
Staff has no objections to the proposed Level 4 Review Conditional Use. This use has been<br />
occurring at the site since prior to Ms. Barkley (now Trull) purchasing the property with no<br />
complaints or negative impacts on the county or its residents.<br />
Findings of Fact<br />
1. The request is to recognize the existing uses of Vehicle Sales and Leasing, Vehicle<br />
Service, Mechanical, and Vehicle Repair, Auto Body for an existing automobile shop<br />
within the Commercial Enclave (CEX) Future Land Use district. Also part of the request<br />
is to remove the subject site from PUD 78-03 (Heaven Bound PD). The subject site is<br />
within the Rural Development Area and is approximately 1.09 acres in size.<br />
2. The subject site is also within the Gateway Selected Area Plan (SAP). Since no text has<br />
been adopted within the Land Development Code (LDC) for the Gateway SAP, Table 2.1<br />
and Chapter 3 of the LDC are in effect.<br />
3. According to Table 2.1 of the <strong>Polk</strong> <strong>County</strong> Land Development Code, the uses of Vehicle<br />
Sales and Leasing, Vehicle Service, Mechanical, and Vehicle Repair, Auto Body all<br />
require a Level 4 Review (C4) within the CE Future Land Use district. Level 4<br />
Conditional Uses require an advertised public hearing before the <strong>Polk</strong> <strong>County</strong> <strong>Planning</strong><br />
Commission, whose vote is a recommendation, and approval from the Board of <strong>County</strong><br />
Commissioners at an advertised public hearing.<br />
4. Chapter 10 of the <strong>Polk</strong> <strong>County</strong> LDC defines Vehicle Sales and Leasing as<br />
“Establishments primarily engaged in the retail sale, leasing, and service of new or used<br />
automobiles, vans, boats, motorcycles, recreational vehicles, and light trucks (less than 2<br />
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ton capacity), including any warranty repair work and other repair service conducted as<br />
an accessory use.”<br />
5. Chapter 10 of the <strong>Polk</strong> <strong>County</strong> LDC defines Vehicle Service, Mechanical as “Vehicle<br />
repair and servicing activities which are typically conducted within enclosed, or partially<br />
enclosed, structures. Automotive services provided by this type of facility are generally<br />
characterized as routine maintenance, though more substantial mechanical work may be<br />
offered by these businesses.”<br />
6. Chapter 10 of the <strong>Polk</strong> <strong>County</strong> LDC defines Vehicle Repair, Auto Body as “Repairs to<br />
vehicles where physical damage has taken place to the structure or appearance of said<br />
vehicle, whether through traffic accident or other circumstances, also including the<br />
customizing or painting of vehicles. Generally, a substantial effort is involved in auto<br />
body repairs, typically, but are not limited to, repairs which may take more than a<br />
working day to complete.”<br />
7. Chapter 3, Section 303 of the <strong>Polk</strong> <strong>County</strong> LDC lists the following Criteria for<br />
Conditional Uses for Vehicle Repair:<br />
“In addition to the applicable district regulations in Table 2.2, the following standards shall apply:<br />
1. A buffer equal to a Type C buffer (see Section 720) shall be provided between the vehicle repair<br />
facility and all abutting residential districts. Also, additional trees equal to one tree per 30 feet<br />
shall be provided adjacent to residential areas.<br />
2. All access points shall have at a minimum 50 feet of road frontage and be located at a minimum<br />
on an Urban collector or Rural Major collector road or better unless contained within a planned<br />
industrial park with access to an Urban collector or Rural Major collector road or better.<br />
3. There shall be no external activity beyond loading and unloading of materials. All repair shall<br />
be conducted within an enclosed structure.<br />
4. All outdoor storage shall be screened from off-site view.<br />
5. No activity shall be conducted that produces noise, odors, dust, fumes, fire hazard, or other<br />
nuisance beyond the property lines.<br />
6. All vehicle repair structures shall be set back 50 feet when abutting a residential or<br />
professional district.”<br />
8. Chapter 3, Section 303 of the <strong>Polk</strong> <strong>County</strong> LDC lists the following Criteria for<br />
Conditional Uses for Vehicle Sales and Leasing Establishments:<br />
“In addition to all applicable regulations a vehicle sales/leasing establishment shall comply with the<br />
following requirements:<br />
1. All sales buildings shall meet commercial building standards.<br />
2. Except within the HIC district, all on-site service and repair operations shall be performed<br />
within enclosed structures, thereby limiting the extent of their external impacts upon adjacent and<br />
nearby properties.”<br />
9. Chapter 3, Section 303 of the <strong>Polk</strong> <strong>County</strong> LDC lists no Criteria for Conditional Uses for<br />
a Vehicle Service, Mechanical use.<br />
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10. The site has frontage on State Road 60, a Principal Arterial roadway.<br />
11. The closest transportation link affected by the request is State Road 60, which is Link<br />
5906 on the Transportation <strong>Planning</strong> Organization’s June <strong>2012</strong> Roadway Network<br />
Database. Link 5906 currently has an adopted Level of Service (LOS) standard of C and<br />
is operating at a peak-hour/peak season LOS of B both eastbound and westbound<br />
directions. However, no additional transportation impacts are anticipated as this<br />
Conditional Use is to recognize a use that has been taking place on the subject property<br />
for years.<br />
12. The area is rural in nature. North of the subject site, across State Road 60, is a pasture.<br />
East and south are vacant parcels. Further eastward is a 14 acre parcel with a singlefamily<br />
dwelling unit. To the west of the subject site is a parcel used for retail purposes<br />
for selling sheds, docks, boathouses, etc.<br />
13. According to the <strong>Polk</strong> <strong>County</strong> Endangered Habitats Map, updated in 2006 (Animals,<br />
Rookeries & Communities) and 2011 (Plants), the site is not located within an identified<br />
one mile radius for protected plant and animal species. This data is derived from the<br />
Florida Natural Areas Inventory (FNAI) and the Florida Geographic Data Library.<br />
14. Pursuant to the most recent Federal Emergency Management Agency (FEMA) Federal<br />
Insurance Rate Maps (FIRM), the southern 75 feet of the site contains some floodplains.<br />
The existing building in which the auto repair uses are located was constructed outside of<br />
the floodplain.<br />
15. Pursuant to the National Wetland Inventory (NWI) maps, the site does not contain any<br />
wetlands.<br />
16. Neither expansion of the existing building nor any new uses are being requested through<br />
this conditional use (CU 12-20); therefore, the types of soils located on site have no<br />
bearing on the present request.<br />
17. The nearest Fire Station is Peace Creek (Station #590), located at 100 Rifle Range Road,<br />
Bartow. It is located approximately two miles from the site and response time is<br />
estimated to be approximately four (4) minutes. Ambulance response will be from Medic<br />
Station 73 located at 1450 Pinehurst Street in Bartow, located 6.6 miles from the site.<br />
Response time from Medic Station 73 is estimated to average 11 minutes.<br />
18. The nearest Sheriff’s substation (Southeast District Headquarters – 4011 Sgt. Mary<br />
Campbell Way, Lake Wales) is located approximately 15± miles from the site. Driving<br />
time from the substation is approximately 16 minutes.<br />
19. The nearest municipality is the City of Bartow, located on the north side of State Road<br />
60, opposite the subject site. The City of Bartow was notified on October 10, <strong>2012</strong> via e-<br />
mail of this request. The City of Bartow has no issues with the request as long as the<br />
subject site is not used for an auto salvage or recycling facility.<br />
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Development Review Committee<br />
The Development Review Committee, based on the staff report finds that the proposed request is<br />
consistent with the surrounding land uses and general character of the area; is consistent with<br />
the <strong>Polk</strong> <strong>County</strong> Land Development Code and is consistent with the <strong>Polk</strong> <strong>County</strong><br />
Comprehensive Plan.<br />
Development Review Committee Recommendation: Based upon the findings of fact, the<br />
information provided by the applicant, and a recent site visit, the Development Review<br />
Committee recommends APPROVAL of CU 12-20.<br />
1. This Conditional Use approval allows for the uses of “Vehicle Sales and Leasing,”<br />
“Vehicle Service, Mechanical,” and “Vehicle Repair, Auto Body.” [PLG]<br />
2. The applicant shall install a Type “A” Landscape buffer parallel to the frontage of State<br />
Road 60, at the top of the depression the chain link fence sits in. [PLG]<br />
3. No outdoor storage of vehicles is allowed. [PLG]<br />
4. Future expansion of the existing uses permitted with this Conditional Use approval (CU<br />
12-20) may be approved through the Level 2 Review process. [PLG]<br />
GENERAL NOTES<br />
NOTE: Approval of this project shall not constitute a waiver or variance from any applicable<br />
development regulation unless specifically noted in the conditions of approval and consistent with LDC<br />
Section 930 D.<br />
NOTE: All written commitments made in the application and subsequent submissions of information<br />
made during the application review process, which are on file with the Land Development Division, shall<br />
be considered to be binding upon the applicant, provided such commitments are not a variance with the<br />
Comprehensive Plan, LDC or other development regulations in effect at the time of development.<br />
Surrounding Land Use Designations and Current Land Use Activity:<br />
Northwest:<br />
City of Bartow;<br />
Pasture<br />
West:<br />
A/RR, PUD 78-03;<br />
Retail building<br />
Southwest:<br />
A/RR;<br />
vacant/undeveloped<br />
Source: GIS Data Viewer and field visit<br />
North:<br />
City of Bartow;<br />
Pasture<br />
Subject Property:<br />
CE, PUD 78-03;<br />
Auto repair building;<br />
1.09± acres<br />
South:<br />
A/RR, PUD 78-03;<br />
vacant/undeveloped<br />
Northeast:<br />
City of Bartow;<br />
Pasture<br />
East:<br />
A/RR, PUD 78-03;<br />
vacant/undeveloped<br />
Southeast:<br />
A/RR, PUD 78-03;<br />
vacant/undeveloped<br />
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Compatibility with the Surrounding Land Uses:<br />
A. Land Uses:<br />
The area is within a rural area of <strong>Polk</strong> <strong>County</strong>. The surrounding unincorporated area is within<br />
the A/RR Future land use district. Most of the surrounding lots are vacant; however, to the west<br />
is a parcel that is used for access to State Road 60 by both the auto repair shop and a business<br />
farther to the west that sells docks, boathouses and sheds. Although most of the area is currently<br />
vacant, future development will probably occur with the completion of the CSX terminal in<br />
Winter Haven and the Clear Springs project within the City of Bartow’s incorporated area.<br />
B. Infrastructure:<br />
The site lies within the Rural Development Area (RDA), where most urban services are not<br />
present, or are not planned. Since this request is to recognize an existing business, there is no<br />
increased demand for urban services or infrastructure to the site. Transportation demand caused<br />
by the existing business is already calculated into the Roadway Network Database. A septic<br />
system is utilized for wastewater service and potable water is provided by a private water utility,<br />
Pinecrest Utilities.<br />
Nearest Elementary, Middle, and High School<br />
This request is to recognize an existing business. Consequently, school impacts are not germane<br />
to this request. No schools are located within close proximity to the site.<br />
Nearest Sheriff, Fire, and EMS Station<br />
Name of Station<br />
Approximate Distance From Subject Site<br />
Sheriff<br />
East Division, Southeast District Headquarters<br />
4011 Sgt. Mary Campbell Way, Lake Wales<br />
16 ± miles<br />
Fire<br />
Fire Station # 590 (Peace Creek)<br />
100 Rifle Range Road<br />
2 ± miles<br />
EMS<br />
Medic Station #73<br />
1450 Pinehurst Street, Bartow<br />
6.6 ± miles<br />
Source: <strong>Polk</strong> <strong>County</strong> Sheriff’s Office, Fire Services Division and <strong>Polk</strong> <strong>County</strong> GIS Date Viewer<br />
Response times vary for the aforementioned services depending on the nature of the call and on<br />
the location of these services. Since this request is for recognition of an existing business and no<br />
expansion is planned, approving this conditional use should not cause an increase in demand for<br />
public safety services.<br />
Water and Sewer Capacity and Service Provider:<br />
The site is located in the RDA where centralized water and sewer service is typically not<br />
available and a connection is not required. The business receives potable water from a private<br />
provider, Pinecrest Utilities, LLC. There is no sewer service in the area; therefore, the applicant<br />
utilizes a septic tank for wastewater service. No expansions or additions to the existing business<br />
are planned with this Conditional Use approval, so no new demand for water or sewer will be<br />
generated.<br />
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Roadways/Transportation Network:<br />
The site currently has a 2,800 square foot building containing an existing automobile repair shop.<br />
Because this building has been used for an automobile repair shop for a number of years, it is<br />
important to note that traffic for this site has already been factored into the Roadway Network<br />
Database. No expansions or additions to the existing business are planned with this Conditional<br />
Use approval, so no new trips will be generated.<br />
Environmental Conditions:<br />
A. Surface Water:<br />
There are no surface water bodies within the subject parcel. The site is relatively flat with the<br />
lowest point at the southeast corner of the lot.<br />
B. Wetlands/Floodplains:<br />
Pursuant to the most recent Federal Emergency Management Agency (FEMA) Federal Insurance<br />
Rate Maps (FIRM), the southernmost 80 feet of the site is within the flood zone. However, there<br />
is no structure or planned structure to be located on this portion of the site. Per the National<br />
Wetland Inventory (NWI) maps, there is no wetland area on the site.<br />
C. Wells (Public/Private)<br />
There are no public or private wells currently located on the subject parcel. No impacts are<br />
anticipated to any off-site wells located in close proximity to the site.<br />
D. Airports:<br />
According to the 2030 Comprehensive Plan Map Series Airport Impact District Map, the site is<br />
within the Height Notification Zone for the Bartow airport. However, the one-story building has<br />
historically not posed a problem and should not in the future.<br />
E. Soils:<br />
Soil Name Dwelling Without Basements Septic Tank Limitations<br />
Placid and Myakka<br />
Fine<br />
Sands/Depressional<br />
Approximate<br />
Percentage of Site<br />
Severe: Ponding Severe: Seepage, Ponding 60%<br />
Adamsville Fine Sand Moderate: Wetness Severe: Seepage, Wetness 15%<br />
Floridana Mucky Fine<br />
Sand/Depressional<br />
Severe: Ponding Severe: Seepage, Ponding 25%<br />
Source: Soil Survey of <strong>Polk</strong> <strong>County</strong>, Florida<br />
While the on-site soil types appear to have moderate to severe limitations to development, this<br />
building has been existing since 1986 and there has been no issue with the soils. There is already<br />
an existing septic tank on site.<br />
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F. Protected Species:<br />
According to the Florida Natural Areas Inventory Map, 2006, the site is not located within an<br />
identified one mile radius for animal and plant species and/or communities.<br />
Park Facilities:<br />
This request will have neither increase demand nor have an impact on any park facilities.<br />
Economic Factors:<br />
Approval of this conditional use will allow the applicant to continue the existing business, which<br />
brings tax revenue into <strong>Polk</strong> <strong>County</strong>. No new infrastructure outlays will be necessary since the<br />
business is an existing use, there are no plans for expansion, and this site is located in the Rural<br />
Development Area. Some urban services are lacking due to the rural nature of the area.<br />
Consistency with Comprehensive Plan:<br />
Policy 2.112-A1 describes the characteristics of the Commercial Enclave FLU district as:<br />
“Commercial Enclaves are those concentrations of commercial/office uses and zoning districts<br />
which are located outside of Activity Centers and/or Linear Commercial Corridors and whose<br />
future development or redevelopment will not degrade the <strong>County</strong>'s growth management<br />
program. These enclaves are the result of past actions by the <strong>County</strong>, which may or may not have<br />
been previously developed, but are recognized through their designation on the Future Land Use<br />
Map Series.” The request to recognize these existing uses is consistent with the CE Future Land<br />
Use district.<br />
Comments from other Agencies:<br />
The City of Bartow’s <strong>Planning</strong> Director stated in an e-mail on October11, <strong>2012</strong> that the City has<br />
no objection to the proposed Conditional Use request as long as the property is not used as an<br />
auto salvage yard or a recycling facility.<br />
Exhibits:<br />
Exhibit 1 Location Map<br />
Exhibit 2 Future Land Use Map<br />
Exhibit 3 Aerial Photograph (2011)<br />
Exhibit 4 Site Plan<br />
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Exhibit 1<br />
LOCATION MAP<br />
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Exhibit 2<br />
Bartow<br />
A/RR<br />
CE<br />
SITE<br />
A/RR<br />
FUTURE LAND USE MAP<br />
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Exhibit 3<br />
SITE<br />
AERIAL PHOTOGRAPH<br />
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Exhibit 4<br />
PROPOSED SITE PLAN<br />
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POLK COUNTY<br />
DEVELOPMENT REVIEW COMMITTEE<br />
STAFF REPORT<br />
DRC Date October 4, <strong>2012</strong> LEVEL: Level 4<br />
PC Date: <strong>December</strong> 5, <strong>2012</strong> TYPE: Conditional Use<br />
BOCC Date: January 8, 2013 CASE #: CU 12-21<br />
Project Number:<br />
Request:<br />
Applicant:<br />
Property Owner:<br />
Location:<br />
Size:<br />
Land Use Designation:<br />
Development Area:<br />
Nearest Municipality:<br />
Case Planner:<br />
56115 (Edgehill WTP)<br />
A county initiated request to expand the Edgehill Water Treatment<br />
Facility, a Class III Utility, to ±1.1 MGD by adding an additional<br />
raw water well and an additional 2.01± acres of land.<br />
Gary Fries, Director, <strong>Polk</strong> <strong>County</strong> Utilities<br />
<strong>Polk</strong> <strong>County</strong><br />
The site is located east of U.S. Highway 27, at 101 Cottonwood<br />
Drive in Section 29, Township 26, Range 27.<br />
2.01± acre expansion, 5.95± acres total<br />
Residential Medium (RMX)<br />
North Ridge Selected Area Plan<br />
Transit Supportive Development Area (TSDA)<br />
The nearest municipality is the City of Haines City, Over one mile<br />
to the south.<br />
Erik Peterson, AICP<br />
This is a request to recognize the Edgehill water treatment plant and approve the addition of a<br />
second well and additional acreage. The addition of this raw water well along with<br />
improvements on the system at the Loma Linda plant will render an additional 642,000 gallons<br />
per day of capacity to the northeast Regional Public Water System. The Edgehill Water<br />
Treatment Plant is currently producing approximately 527,600 gallons per day (GPD) with one<br />
well. The additional well will increase production to 1,<strong>05</strong>5,000 GPD. In addition to the added<br />
capacity, the project provides operational improvements and redundancy to ensure more<br />
consistent pressure throughout the system and backup in the event of emergencies. The<br />
proposed expansion and additional well will not require any external modifications to the water<br />
treatment plant.<br />
Approval of this plant expansion has little or no discernible impacts on the area’s infrastructure<br />
and services. However the expansion will potentially enable another 1,800 dwelling units to be<br />
developed within the Northeast Utility Services Area (NERUSA). The NERUSA potable water<br />
system is made up of eight (8) different water treatment plants (WTPs) interconnected through<br />
one master network of transmission lines. Some plants have additional raw water wells feeding<br />
into them, as is the case with the proposed improvement to Edgehill. The system has been<br />
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expanding continually since the 1980s. Planned improvements such as to the Edgehill plant will<br />
bring the system output to 13,918,500 GPD by the end of 2013.<br />
This facility was constructed in 1974 to serve the Crescent Estates development (PUD 73-07)<br />
because utilities were not available to the area at that time. The plant was separated from the<br />
PUD through a modification in 1980. It was expanded to serve the Ridgewood Lakes<br />
Development and later purchased by the developer. In 2009, the <strong>County</strong> purchased the plant<br />
from JML Land, the developer of the Ridgewood Lakes and has incorporated it into the<br />
NERUSA.<br />
Findings of Fact<br />
●<br />
●<br />
●<br />
●<br />
The request is for Conditional Use approval of a 1.1 MGD water treatment plant with<br />
ground storage and two wells on 5.95 acres in accordance with the binding site plan.<br />
The site is located within a Residential Medium (RMX) Future Land Use district.<br />
The site is located within the North Ridge Selected Area Plan.<br />
POLICY 2.116-A3 of the Comprehensive Plan, requires “the following factors shall be<br />
taken into consideration when determining the appropriateness of establishing new<br />
Institutional areas on the Future Land Use Map Series, or in approving the location for<br />
an institutional use not located within lands classified as Institutional:<br />
a. Accessibility to roadways, with consideration being given to regional transportation<br />
issues for large-scale institutional developments having a regional market.<br />
b. Proximity to incompatible land uses, which is dependent upon the intensity of the<br />
institutional use (buffering may be provided to mitigate adverse impacts).<br />
c. The locational criteria enumerated in Policy 2.102-A9 and Policy 2.102-A10.<br />
d. Proximity to similar and compatible uses providing opportunities for shared<br />
facilities; and,<br />
e. Plans of the School Board and other public service agencies with jurisdiction in the<br />
<strong>County</strong>.<br />
The placement of institutional uses in other than lands classified as Institutional shall be<br />
subject to <strong>County</strong> approval through a Conditional Use Permit, or in accordance with<br />
land-development regulations adopted and/or amended by the <strong>County</strong> in accordance with<br />
Section 163.3201(1), FS.”<br />
●<br />
●<br />
●<br />
POLICY 2.125-D1 of the Comprehensive Plan allows utilities such as Water Treatment<br />
Plants to be located in any Future Land Use map category through approval of a<br />
Conditional Use.<br />
POLICY 2.131-Q7 of the Comprehensive Plan states that “The base density for RMX is<br />
established at six dwelling units per acre (6 du/ac).”<br />
Table 4.16 of the Land Development Code requires a Level 4 Review for a Class III<br />
Utility in RMX in the north Ridge Selected Area Plan.<br />
●<br />
The water treatment plant was originally approved in conjunction with Crescent Estates<br />
in 1973 under PUD 73-07, but later separated on September 9, 1980 under PUD 73-07M.<br />
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●<br />
●<br />
●<br />
●<br />
●<br />
●<br />
●<br />
Crescent Estates (PUD 73-07) was designated RM with the original Comprehensive Plan<br />
Future Land Use Map adoption in 1991, rendering the development non-conforming.<br />
Under the adoption of the North Ridge Selected Area Plan, it became RMX.<br />
Staff has no documentation as to the reason that Crescent Estates (PUD 73-07) or other<br />
surrounding development was rendered a non-conforming use or any data to support the<br />
public purpose.<br />
The Water Treatment facility has direct frontage on Cottonwood Drive, which connects<br />
to U.S. Highway 27.<br />
The site has been developed since the mid-1970s.<br />
There are no wetlands or floodplains onsite.<br />
There have been no sightings of endangered or threatened species within one mile of the<br />
site according to the Florida Natural Areas Inventory (FNAI).<br />
Public Safety Services are at urban levels with professional fire protection and EMS<br />
within 700 feet of the site.<br />
● The Edgehill Water Treatment Plant is currently producing approximately 527,600<br />
gallons per day (GPD) with one well. The additional well will increase production to<br />
1,<strong>05</strong>5,000 GPD.<br />
●<br />
The proposed expansion and additional well will not require any external modifications<br />
to the water treatment plant.<br />
Development Review Committee<br />
Based upon the information provided by the applicant and a recent site visit, the Development<br />
Review Committee finds that with the recommended conditions the request IS CONSISTENT<br />
with the surrounding land uses and general character of the area, IS CONSISTENT with the<br />
Comprehensive Plan, and is consistent with the Land Development Code.<br />
CONDITIONS OF APPROVAL<br />
Based upon the findings of fact the Development Review Committee recommends APPROVAL<br />
of CU 12-21 with the following conditions:<br />
1. This Conditional Use approval is for a 1.1 MGD water treatment plant with ground storage<br />
and two wells on 5.95 acres in accordance with the binding site plan.<br />
2. In the event of future changes to policies or land use maps within the Land Development<br />
Code or Comprehensive Plan, this property may be utilized in accordance with the<br />
ordinances in effect at the time of permitting and this conditional use approval may expire<br />
without formal modification before the <strong>Planning</strong> Commission of Board of <strong>County</strong><br />
Commissioners.<br />
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GENERAL NOTES<br />
NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development<br />
requirement unless specifically noted in the conditions of approval and consistent with LDC Section 930 D.<br />
NOTE: All written comments made in the application and subsequent submissions of information made during the<br />
application review process, which are on file with the Land Development Division, shall be considered to<br />
be binding upon the applicant, provided such comments are not at variance with the Comprehensive Plan,<br />
LDC or other development regulations in effect at the time of development.<br />
Table 1<br />
Surrounding Land Use Designations and Current Land Use Activity<br />
Northwest:<br />
RMX, PIX,<br />
Single Family, Fire & EMS,<br />
Church, Grove, Vacant<br />
West:<br />
RMX, PIX,<br />
Residential dwelling, Church,<br />
Grove,<br />
Southwest:<br />
RMX, INST-1X, NACX<br />
Church, Grove, Vacant<br />
Entrance to Ridgewood Lakes<br />
North:<br />
RMX, PD 90-15<br />
Royal Ridge<br />
Single Family Residential<br />
Subject Property:<br />
RMX<br />
Water Treatment Plant<br />
Vacant Parcel,<br />
and unopened right-of-way corridor<br />
South:<br />
NACX<br />
Vacant<br />
Entrance to Ridgewood Lakes<br />
Northeast:<br />
RMX, PD 90-15<br />
Royal Ridge<br />
Single Family Residential<br />
East:<br />
RMX<br />
Crescent Estates<br />
Single Family Residential<br />
Southeast:<br />
RMX<br />
Crescent Estates<br />
Single Family Residential<br />
The water treatment plant is bordered by residential on one side and institutional land uses on the<br />
other. The area included within the plant boundary is the original water treatment plant property<br />
designated for the construction and support of Crescent Estates, a recently acquired vacant<br />
property, and an unopened right-of-way corridor connecting Cottonwood Drive to Ridgewood<br />
Lakes Boulevard (see Exhibits 2&3). The RMX designation on Royal Ridge and Crescent<br />
Estates has rendered them non-conforming due to their low density.<br />
Compatibility with the Surrounding Land Uses:<br />
The water treatment plant came to this area with the<br />
surrounding development. Prior to 1971, this area was<br />
solely citrus groves. This improvement to the plant,<br />
despite doubling its capacity, will have relatively no<br />
discernible impacts on infrastructure or surrounding land<br />
uses. The improvement will almost entirely be<br />
subsurface.<br />
A. Land Uses:<br />
The water treatment plant was originally constructed to<br />
serve Crescent Estates in the early 1970s. Because it<br />
covered less than 50% of the permeable surface, it was<br />
not required to be approved through a conditional use<br />
permit in the RC district at the time. The facility was not<br />
recognized in the adoption of the comprehensive plan<br />
because it was a private facility, and inadvertently over<br />
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looked during three county initiated amendments to the area including the North Ridge Selected<br />
Area Plan. Regardless of whether or not the properties are INST-1X, 2X, or as it is RMX as they<br />
are today, a Level 4 Review is required.<br />
B. Infrastructure:<br />
Expanding the capacity of an existing water treatment plant requires very little supporting<br />
infrastructure. The amount of personnel needed to support the facility does not necessarily<br />
increase. And, if it does, it is insignificant. Water treatment plants are not labor intensive<br />
facilities. This facility is not staffed. In the future, it will not be as necessary to visit the site to<br />
monitor the facility. However despite the minimal direct impacts, the indirect impact is not to go<br />
unnoticed. It is not the plant that will cause an increase demand on infrastructure, rather the<br />
expanded development that it will enable. This plant together with other system improvements<br />
will result in approximately 642,000 additional gallons per day (GPD). The increased capacity at<br />
this plant alone will enable at least 1,456 equivalent residential connections (ERCs). It is those<br />
units that will require more schools, roads, wastewater service, public safety services and<br />
recreational facilities.<br />
Nearest and Zoned Elementary, Middle, and High School<br />
Although schools may be considered an urban service deficiency in this area, they are not<br />
directly needed to support this request. However, this request will produce enough additional<br />
water capacity within the system to serve 1,456 additional residential units in the area.<br />
Table 2<br />
Name of School<br />
Horizons Elementary<br />
Davenport School for the Arts Middle School<br />
Ridge Community Sr. High<br />
Source: <strong>Polk</strong> <strong>County</strong> School Board<br />
Distance from subject site<br />
±2 miles driving distance<br />
±8 miles driving distance<br />
±4 miles driving distance<br />
Nearest Sheriff, Fire, and EMS Station<br />
The nearest Sheriff’s substation is the Northeast<br />
Command Center on Dunson Road. Both fire and<br />
ambulance response to this project will be from Fire<br />
Station 220 located at 126 Cottonwood Drive, which is<br />
less than 750 feet from the site. Station 220 is staffed 24/7<br />
with career firefighters and augmented by response from<br />
other staffed county fire stations.<br />
Sheriff response times are not as much a function of the distance to the nearest sheriff’s<br />
substation, but more a function of the overall number of patrol officers within the <strong>County</strong>.<br />
Response times for both fire and ambulance service are excellent even in the event that a crew is<br />
away on a call because the station is backed up by the Northridge Station #210 near the<br />
intersection of Ronald Reagan Parkway and U.S. Highway 27. There is a hydrant on Cottonwood<br />
Drive within 400 feet of the facility.<br />
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Table 3<br />
Name of Station<br />
Distance from<br />
subject site<br />
Response Time<br />
Sheriff<br />
Northeast District Command<br />
(Dunson Road @ North US 27)<br />
±3½ miles 12 to 15 minutes<br />
Fire Station 220<br />
(126 Cottonwood Drive)<br />
EMS Station 220<br />
(126 Cottonwood Drive)<br />
±750 feet 2 minutes<br />
±750 feet 2 minutes<br />
Source: <strong>Polk</strong> <strong>County</strong> Sheriff’s Office and Public Safety<br />
*Response times are based from when the station receives the call, not from when the call is made to 911.<br />
Water and Wastewater Demand and Capacity:<br />
The Northeast Regional Utility Service Area has seen significant improvements in water and<br />
wastewater service over the last decade. It has the county’s largest re-use water systems as well.<br />
This request is a small component of this large system.<br />
A. Estimated Demand and Service Provider:<br />
This expansion combined with the expansion of the Loma Linda well will increase the amount of<br />
capacity on the system from 12,099,000 gallons per day to 12,741,000. It will enable the service<br />
equivalency of an additional 1,456 residential dwelling units.<br />
Table 4<br />
Subject Property<br />
5.95± acres<br />
Demand as<br />
Currently Permitted<br />
Estimated Impact Analysis<br />
Maximum Permitted<br />
in the District<br />
Permitted Intensity 35 units multifamily 89 units multifamily<br />
Proposed Plan<br />
Water Treatment plant<br />
with two wells<br />
Potable Water<br />
Consumption (GPD)<br />
Needs 6,930 GPD Needs 17,622 GPD Produces ±1.1 MGD<br />
Wastewater<br />
Generation (GPD)<br />
Needs 6,300 GPD Needs 16,020GPD 0 GPD<br />
Source: <strong>Polk</strong> <strong>County</strong> Concurrency Manual & <strong>Polk</strong> <strong>County</strong> Utilities<br />
<strong>Polk</strong> <strong>County</strong> Utilities is the service provider for water, wastewater service, and reuse water for<br />
irrigation. The site is in the Northeast Utility Service Area (NERUSA). There is a 12-inch water<br />
line, 8-inch wastewater line and no reclaimed water line on Cottonwood Drive.<br />
B. Available Capacity:<br />
The Northeast Utility Service Area is permitted for 12,099,000 GPD. Current flow is at<br />
approximately 5,716,000 GPD. There is approximately 4,268,000 GPD allocated to projects with<br />
entitlements leaving 1,448,000 GPD in uncommitted capacity. With this improvement available<br />
capacity will reach approximately 2,090,000 GPD.<br />
Once the improvement to the Northeast Wastewater Treatment Plant is completed, it will be<br />
permitted to treat 6,000,000 GPD. Current flow is approximately 2,224,000 GPD. There is<br />
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currently 1,008,000 GPD in entitled commitments. No connection to wastewater is required at<br />
the plant.<br />
C. Planned Improvements:<br />
New wells are being added to the system at Loma Linda, Edgehill, and Holly Hill that will add<br />
capacity to the overall system. Also, additional ground storage reservoirs have been added to the<br />
system that will improve the consistency of water pressure throughout the system.<br />
Roadways/ Transportation Network<br />
It is estimated that an average of 108,800 vehicles pass the link of US Highway 27 at<br />
Cottonwood Drive. The highway is functioning at Level of Service “C” and should not change<br />
as a result of this additional raw water well.<br />
A. Estimated Demand:<br />
The proposed expansion only involves an additional raw water well. It will not require additional<br />
personnel to operate the facility once the improvement is constructed.<br />
Table 5<br />
Subject Property<br />
5.95± acres<br />
Demand as<br />
Currently Permitted<br />
Estimated Impact Analysis<br />
Maximum Permitted<br />
in the District<br />
Permitted Intensity 35 units multifamily 89 units multifamily<br />
Proposed Plan<br />
Water Treatment plant<br />
with two wells<br />
Average Annual Daily<br />
Trips (AADT)<br />
226 574 4<br />
PM Peak Hour Trips 140 356 1<br />
Source: <strong>Polk</strong> <strong>County</strong> Concurrency Manual<br />
B. Available Capacity:<br />
The one major affected transportation link that is tracked on the Roadway Network Database is<br />
U.S. Highway 27. The proposed modification is merely an additional well with no expansion of<br />
the operation of the use. Therefore, there should be no discernible impacts upon traffic capacity<br />
as a result of this modifications approval.<br />
Table 6<br />
Link #<br />
Road Name<br />
Current Level<br />
of Service<br />
(LOS)<br />
Available PM<br />
Peak Hour<br />
Capacity<br />
Minimum<br />
LOS<br />
Standard<br />
U.S. Highway 27<br />
5110N<br />
C 514 D<br />
From: CR 547 To: I-4<br />
U.S. Highway 27<br />
5110S<br />
B 752 D<br />
From: I-4 To: CR 547<br />
Source: <strong>Polk</strong> <strong>County</strong> Transportation <strong>Planning</strong> Organization, Concurrency Roadway Network Database June <strong>2012</strong><br />
C. Roadway Conditions:<br />
The <strong>County</strong> does not track pavement conditions on State or private roadways because they are<br />
not a local maintenance responsibility. However, using the PASER method, staff has determined<br />
the pavement to be within above average thresholds on U.S. Highway 27 and I-4. Cottonwood<br />
Drive is under <strong>County</strong> maintenance and rated in “Good” condition according to the Pavement<br />
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Surface Evaluation and Rating (PASER) method established by the Transportation Information<br />
Center at the University of Wisconsin-Madison.<br />
D. Planned Improvements:<br />
With water system improvements, more development is possible. Such is true with road<br />
improvements as well. Together, these improvements will likely enable more growth in the area.<br />
Table 7<br />
Road<br />
Fiscal Year CIP<br />
(Construction)<br />
North Ridge Trail 2007-<strong>2012</strong><br />
Project Description<br />
Construct a new 2 lane road from Sand Mine Road (at Highlands<br />
Reserve Subdivision near Berry Town Center) to Deen Still Road<br />
(approx. 4.1 miles). New roadway is intended to separate local<br />
residential traffic from regional (truck) thru-traffic to help maintain<br />
an acceptable level of service on US27. As an alternate route for<br />
local traffic, new roadway will enhance safety. Cross connections to<br />
the east side of US27 already exist at several adjoining subdivisions.<br />
Linear park concept of aesthetic enhancements roundabouts,<br />
sidewalks, recreational path, stamped concrete, ornamental lighting,<br />
and irrigated landscaping) included in design. Posted speed to be 30<br />
MPH on mainline and lowered to 20 MPH at medians and 15 MPH<br />
at traffic circles (roundabouts).<br />
U.S. Highway 27 <strong>2012</strong>-2020 Widen from four to six lanes<br />
U.S. Highway 27, from Berry Road to U.S. 192 has<br />
recently been approved by the TPO Board for<br />
construction in the next fiscal year to be widened to six<br />
lanes. The link between Haines City and I-4 has been<br />
widened to six lanes<br />
E. Mass Transit<br />
There are no mass transit routes currently within this<br />
area of the <strong>County</strong>. The closest is route #RT-15 on the<br />
Winter Haven Area Transit (WHAT) system that<br />
reaches the Winn Dixie Shopping Center in northern<br />
Haines City. The plant will primarily be utilized by<br />
<strong>County</strong> employees or contractors with service vehicles;<br />
therefore, mass transit is hardly vital to the operation<br />
and expansion of the water treatment plant. However,<br />
the residences that will be served in the fuuture by this<br />
facility will likely need transit services.<br />
Environmental Conditions<br />
The Edgehill plant sits on a sand hill ridge surrounded by existing development, over 40 feet<br />
from above elevations where more sensitive environmental features occur. It is a significant<br />
distance from wetlands, floodplains, and endangered species.<br />
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A. Surface Water:<br />
The nearest surface waters are the water hazards on the Ridgewood Lakes golf course over 3,000<br />
feet to the south.<br />
B. Wetlands/Floodplains:<br />
There are no wetlands or floodplains onsite. The closest is over 1,000 feet to the east on the other<br />
side of the Crescent Estates residential development at the end of Cottonwood Drive.<br />
C. Soils:<br />
Candler is very well drained soil. Very little physical improvements will be evident once this raw<br />
water well is constructed and connected to the Edgehill Plant. Aside from a portion of the pump<br />
assembly, all will be subsurface piping.<br />
Table 8<br />
Soil Name<br />
Septic Tank<br />
Absorption Field<br />
Limitations<br />
Limitations to Dwellings<br />
w/o Basements<br />
% of Site<br />
(approximate)<br />
Candler Sand (3) Slight Slight 100%<br />
Source: Soil Survey of <strong>Polk</strong> <strong>County</strong>, Florida, USDA, Soil Conservation Service<br />
D. Protected Species<br />
The site is not located within one mile of an endangered animal sighting, plant or natural<br />
community as designated by the Florida Natural Area Inventory.<br />
E. Archeological Resources:<br />
There are no protected archeological resources in Section 29, Township 26, and Range 27,<br />
according to the Florida Department of State, Division of Historical Resources.<br />
F. Wells (Public/Private)<br />
The Edgehill plant has one existing well onsite. There is a 12-inch potable water line going west<br />
and a six (6)-inch line going east. The 12-inch line connects to the 24-inch transmission line that<br />
runs north on U.S. Highway 27.<br />
G. Airports:<br />
The site is not within any public airport flight paths or buffer zones. The well will be subsurface<br />
so only a few pumps will show, and they are less than five feet tall.<br />
Park Facilities:<br />
Although water treatment facilities don’t need parks, the customers they serve do. There is a<br />
newly constructed regional recreational facility nine miles to the north that contains at least six<br />
lighted soccer/football fields, five lighted baseball fields, basketball, tennis, and racquetball<br />
courts, concession facilities, boat access to Lake Davenport as well as playground facilities for<br />
children and dog walks.<br />
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A. Location:<br />
The <strong>County</strong>’s Northeast Regional Park is located at 1317 U.S Highway 27, less than 1¼ south of<br />
US Highway 192.<br />
B. Services:<br />
There are six lighted soccer/football fields, five lighted baseball fields, basketball, tennis, and<br />
racquetball courts, concession facilities, boat access, as well as playground facilities for children<br />
and dog walks.<br />
C. Planned Improvements<br />
There are no further recreation improvements scheduled for this quadrant of the <strong>County</strong> at this<br />
time.<br />
Economic Factors:<br />
<strong>Polk</strong> <strong>County</strong> has made a significant investment in the<br />
northeast corner of the county to meet the needs of<br />
development that is stimulated by the economic<br />
activity caused by the tourism industry in Orange and<br />
Osceola <strong>County</strong> that has impacts spilling across the<br />
borders into <strong>Polk</strong>. All development must have, at a<br />
minimum, access to markets, water, and a means of<br />
disposing of waste (solid as well as liquid). While<br />
U.S. Highway 27 and I-4 have provided access to<br />
many, it is the county that has provided everything<br />
else in the area, water being one of them. Without<br />
expansion of the water facilities in this area, there will<br />
be no further expansion of development.<br />
This expansion of the Edgehill plant is one piece of a greater system and its ongoing<br />
improvements. The Northeast Utility Service Area (NERUSA) potable water system is made up of<br />
eight (8) different water treatment plants (WTPs) interconnected through one master network of<br />
transmission lines. Some plants have additional raw water wells feeding into them, as is the case<br />
with the proposed improvement to Edgehill. This diversification not only ensures a safe back-up<br />
system and consistent flow and pressure, but also protects the area surrounding the wells from the<br />
adverse effects of overburdening one well source within the system. Through this networked<br />
system, the <strong>County</strong> is able to increase or decrease drawdown at any one point to balance out the<br />
system and avoid environmental damage or catastrophe.<br />
Consistency with the Comprehensive Plan:<br />
The Comprehensive Plan allots the Institutional (INST) category for private and public-service<br />
structures. But, also affords significant flexibility by allowing them to locate in all other land use<br />
categories with board approval through POLICY 2.125-D1 and POLICY 2.116-A3 of the<br />
Comprehensive Plan, which requires “the following factors shall be taken into consideration<br />
when determining the appropriateness of establishing new Institutional areas on the Future Land<br />
Use Map Series, or in approving the location for an institutional use not located within lands<br />
classified as Institutional:<br />
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a. Accessibility to roadways, with consideration being given to regional transportation<br />
issues for large-scale institutional developments having a regional market.<br />
b. Proximity to incompatible land uses, which is dependent upon the intensity of the<br />
institutional use (buffering may be provided to mitigate adverse impacts).<br />
c. The locational criteria enumerated in Policy 2.102-A9 and Policy 2.102-A10.<br />
d. Proximity to similar and compatible uses providing opportunities for shared facilities;<br />
and,<br />
e. Plans of the School Board and other public service agencies with jurisdiction in the<br />
<strong>County</strong>.<br />
The placement of institutional uses in other than lands classified as Institutional shall be subject<br />
to <strong>County</strong> approval through a Conditional Use Permit, or in accordance with land-development<br />
regulations adopted and/or amended by the <strong>County</strong> in accordance with Section 163.3201(1),<br />
FS.”<br />
Comments from other Agencies:<br />
None.<br />
EXHIBITS<br />
1 – Location Map<br />
2 – Future Land Use Map<br />
3 – <strong>2012</strong> Aerial Photo Close-up<br />
4 – Site Plan<br />
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Exhibit 1<br />
LOCATION MAP<br />
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Exhibit 2<br />
FUTURE LAND USE MAP<br />
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Exhibit 3<br />
<strong>2012</strong> AERIAL PHOTO CLOSE-UP<br />
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Exhibit 4<br />
CU 12-21 SITE PLAN<br />
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POLK COUNTY<br />
DEVELOPMENT REVIEW COMMITTEE<br />
CASE OVERVIEW<br />
DRC Date October 2, <strong>2012</strong> LEVEL: Level 4<br />
PC Date: <strong>December</strong> 5, <strong>2012</strong> TYPE: CPA Text Amendment<br />
BOCC Date: February 19, 2013<br />
April 16, 2013<br />
CASE #: CPA 13B-02<br />
Project Number:<br />
Request:<br />
Applicant:<br />
Case Planner:<br />
56072 (Intergovernmental Element Lakeland Sector <strong>Planning</strong> Program)<br />
A Comprehensive Plan text amendment to Policy 4.102-A13: City<br />
of Lakeland Sector <strong>Planning</strong> Program in the Intergovernmental<br />
Element to state that the Sector Plans will be considered in land<br />
use and facility planning<br />
<strong>Polk</strong> <strong>County</strong> Land Development Division<br />
Chanda Bennett, AICP<br />
In 2007, the City of Lakeland started a Sector <strong>Planning</strong> effort. The City has defined the Sector<br />
<strong>Planning</strong> program (“Program”) as an “organized brainstorming” to develop preferred scenarios<br />
for future growth and redevelopment within a given sector of the City (see Exhibit 1). Two<br />
Sector Plans have already been completed (see Exhibit 2). The Sector <strong>Planning</strong> Program<br />
provides a basis for (City’s website quote):<br />
<br />
<br />
<br />
<br />
<br />
<br />
making near-term and long-term land use decisions<br />
forming redevelopment and improvement strategies<br />
identifying Capital Improvement needs<br />
updating the Comprehensive Plan<br />
developing “carrots and sticks” to implement the plan<br />
identifying the need for additional studies and plans<br />
This is an effort similar to that of the <strong>County</strong>’s Selected Area Study efforts and the City of<br />
Haines City CityView Selected Area Plan (“Plan”). The Haines City Plan was included into the<br />
Comprehensive Plan as being part of a Joint <strong>Planning</strong> Areas (“JPA”) Agreement Map per the<br />
requirements of the JPA between the <strong>County</strong> and the City of Haines City. The <strong>County</strong> and the<br />
City of Lakeland do not currently have a JPA. The proposed policy is being added to the<br />
Comprehensive Plan to ensure growth planning around the City of Lakeland is done in<br />
consideration of the City’s efforts in their Sector <strong>Planning</strong> Program. The Program documents for<br />
each sector are to serve as a shared resource and guide for planning efforts and not as a binding<br />
document.<br />
Obviously, many of our cities in <strong>Polk</strong> <strong>County</strong> conduct planning efforts. For example, the <strong>County</strong><br />
is working with the City of Winter Haven to incorporate development guidelines into <strong>County</strong>
ordinances for Cypress Gardens Boulevard. Other city efforts will be incorporated into <strong>County</strong><br />
documents as appropriate.<br />
Findings of Fact<br />
1. This is a <strong>County</strong> initiated request to amend the text of the Intergovernmental Element of<br />
the Comprehensive Plan to add Policy 4.102-A13 CITY OF LAKELAND SECTOR PLANNING<br />
PROGRAM to Section 4.102 General Coordination Issues.<br />
2. The City has defined the Sector <strong>Planning</strong> program (“Program”) as an “organized<br />
brainstorming” to develop preferred scenarios for future growth and redevelopment<br />
within a given sector of the City.<br />
3. The City has completed two sector plans for the Southwest and the Northwest.<br />
Land Development Division Recommendation:<br />
The Land Development Division, based on the information provided with the proposed text<br />
amendment application, finds that the proposed text change request is CONSISTENT with the<br />
<strong>Polk</strong> <strong>County</strong> Land Development Code and the <strong>Polk</strong> <strong>County</strong> Comprehensive Plan. Staff<br />
recommends APPROVAL of CPA 13B-02.<br />
Comments from Other Agencies: None<br />
<strong>Planning</strong> Commission Staff Report Page 2 of 5<br />
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Exhibt 1<br />
Sector <strong>Planning</strong> Areas<br />
<strong>Planning</strong> Commission Staff Report Page 3 of 5<br />
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Exhibit 2<br />
<strong>Planning</strong> Commission Staff Report Page 4 of 5<br />
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Exhibit 3<br />
<strong>Planning</strong> Commission Staff Report Page 5 of 5<br />
Level 4/CEB 11/20/<strong>2012</strong> 3:20 PM CPA 13B-02 <strong>December</strong> 8, <strong>2012</strong>
ORDINANCE NO. 13-______<br />
AN ORDINANCE OF THE POLK COUNTY BOARD OF<br />
COUNTY COMMISSIONERS REGARDING THE ADOPTION<br />
OF A TEXT AMENDMENT CPA 13B-02, AN AMENDMENT<br />
TO THE POLK COUNTY COMPREHENSIVE PLAN,<br />
ORDINANCE 92-36, AS AMENDED, ADDING POLICY<br />
4.102-A13: CITY OF LAKELAND SECTOR PLANNING<br />
PROGRAM IN THE INTERGOVERNMENTAL ELEMENT TO<br />
STATE THAT THE SECTOR PLANS WILL BE CONSIDERED<br />
IN LAND USE AND FACILITY PLANNING; PROVIDING<br />
FOR SEVERABILITY; AND PROVIDING FOR AN<br />
EFFECTIVE DATE.<br />
WHEREAS, pursuant to Article VIII, Section I(g) of the Constitution of the State of<br />
Florida and the Local Government Comprehensive Plan and Land Development Regulation Act,<br />
Chapter 163, Part II, Florida Statutes (FS), as amended, (the Act) <strong>Polk</strong> <strong>County</strong> is authorized and<br />
required to adopt a Comprehensive Plan (Plan); and<br />
WHEREAS, pursuant to Section 163.3184, FS, the Local <strong>Planning</strong> Authority (<strong>Planning</strong><br />
Commission) conducted a public hearing, with due public notice having been provided, on the<br />
proposed Plan revisions on <strong>December</strong> 5, 2013; and<br />
WHEREAS, pursuant to Section 163.3184, FS, the Board of <strong>County</strong> Commissioners on<br />
February 19, 2013, transmitted proposed revisions to the Plan to the the Department of Economic<br />
Opportunity (DEO) for written comment, and<br />
WHEREAS, DEO, by letter dated March ??, 2013, transmitted objections,<br />
recommendations, and comments on the proposed amended Plan; and<br />
WHEREAS, pursuant to Section 163.3184, FS, the Board of <strong>County</strong> Commissioners<br />
conducted an adoption public hearing, with due public notice having been provided, on the<br />
proposed Plan revisions on April 16, 2013; and<br />
WHEREAS, the Board of <strong>County</strong> Commissioners, reviewed and considered all<br />
comments received during said public hearings, and provided for necessary revisions; and<br />
NOW THEREFORE, BE IT ORDAINED by the <strong>Polk</strong> <strong>County</strong> Board of <strong>County</strong><br />
Commissioners:<br />
SECTION 1: COMPREHENSIVE PLAN AMENDMENT<br />
To amend the text of the Comprehensive Plan to add Policy 4.102-A13: City of Lakeland Sector<br />
<strong>Planning</strong> Program in the Intergovernmental Element to state that the Sector Plans will be<br />
considered in land use and facility planning as shown in Attachment “A”.
NOTE: The underlined text indicates proposed additions to the current<br />
language. The strikeout indicates text to be removed from the current<br />
ordinance.<br />
SECTION 2: SEVERABILITY<br />
If any provision of this Ordinance is held to be illegal, invalid, or unconstitutional by a court<br />
of competent jurisdiction the other provisions shall remain in full force and effect.<br />
SECTION 3: EFFECTIVE DATE<br />
The effective date of this Plan amendment shall be the date a Final Order is issued by the<br />
Department of Economic Opportunity or Administration Commission finding the<br />
amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever<br />
occurs earlier. No development orders, development permits, or land division dependent on<br />
this amendment may be issued or commence before it has become effective.<br />
SECTION 4: FILING WITH THE DEPARTMENT OF STATE:<br />
The Clerk and Auditor to the Board of <strong>County</strong> Commissioners of <strong>Polk</strong> <strong>County</strong>, Florida, shall<br />
file a certified copy of this ordinance with the Department of State, through the Secretary of<br />
State, upon adoption by the Board of <strong>County</strong> Commissioners of <strong>Polk</strong> <strong>County</strong>, Florida.<br />
ADOPTED, in open session of the <strong>Polk</strong> <strong>County</strong> Board of <strong>County</strong> Commissioners with a quorum<br />
present and voting this 16 th day of April, 2013.<br />
Page 2 of 3
SECTION 4.102 GENERAL COORDINATION ISSUES<br />
POLICY 4.102-A13: CITY OF LAKELAND SECTOR PLANNING PROGRAM - The City of Lakeland has<br />
instituted a sector planning program to help identify strategic issues and a vision for land that may be<br />
annexed or receive city services in the future. <strong>Polk</strong> <strong>County</strong> will participate in the City of Lakeland’s<br />
Sector <strong>Planning</strong> Program as it pertains to unincorporated lands. Upon the completion of a sector plan,<br />
<strong>Polk</strong> <strong>County</strong> shall consider said plan in its land use and facility planning for the subject area. The sector<br />
plans shall serve as a shared resource and guide for planning efforts and shall not be binding in any<br />
manner upon the <strong>County</strong>. Sector Plans that include unincorporated areas are:<br />
a. Southwest, Sector 8 (complete);<br />
b. Northwest, Sector 7 (complete);<br />
c. East, Sector 4 (future)<br />
d. Southeast, Sector 9 (future)<br />
e. North, Sector 6 (future)<br />
f. Northeast, Sector 5 (future)<br />
g. South Central, Sector 3 (future)<br />
Once drafted, proposed Sector Plans that include unincorporated areas as per above will be shared with<br />
the <strong>Polk</strong> <strong>County</strong> <strong>Planning</strong> Commission and Board of <strong>County</strong> Commissioners for their information and<br />
input prior to the City of Lakeland’s adoption of same.<br />
Page 3 of 3