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

The first phase of the development is constructed and platted. All 325 lots approved with the
first phase are eligible for building permits. Another 80 townhome lots are in for plat review. 594
units remain in the latter phases of the development. In 2006, the BoCC amended the Future
Land Use Map designation for the bulk of the development from RL-4X to RMX. The effect of
the amendment rendered PD 02-22 to legal non-conforming status because the minimum density
in RMX is six (6) units per acre and 999 units on 638 (less1/5 in wetlands) acres is less than two
(2) units per acre. If the project was to meet current requirements, a minimum of 3,048
residential units could be required of the project and the developer is within rights to reach a
maximum of 7,620 residential units without Planning Commission approval. However, since PD
02-22 was established prior to the 2006 Future Land Use Map amendment, any increase in the
number of units will require a public hearing to either amend the PD or abrogate it.
The portion of the request relating to the variance for a wall and associated signage is partially
prompted by the dedication of a portion of the property for the construction of Pine Tree Trail.
The original design incorporated the recently constructed road as more of an element of the
project. As it is laid out today, the development does not have as much of a presence on Ronald
Reagan Parkway rather an entrance further south on Pine Tree Trail. The variance will restore
the former presence visually by placing the wall and sign closer to the road right-of-way. A
portion of the wall and sign is proposed for placement within the right-of-way. Approval of such
will be administrative through acceptance of a right-of-way use agreement.
Findings of Fact
● PD 02-22M, currently known as Oakmont, is a residential development comprised of 999
dwelling units, both attached and detached.
●
●
●
●
●
●
There are 405 residential building pads constructed and 325 lots are platted within the
development, but no dwelling units are constructed. There is an 80 unit townhome phase
under plat review with previously constructed infrastructure as well.
Each residential building pad has access to a paved road, potable water, wastewater
disposal, and reclaimed water for irrigation.
The site is located within a Residential Medium–X (RMX) Future Land Use district. The
project does not meet the minimum density (six dwelling units per acre). PD 02-22M
was approved by the Board of County Commissioners and a portion of the project’s
construction was completed prior to the property becoming RMX; therefore, it is
considered a legal non-conforming use and vested under the current site plan (see Exhibit
4).
Under a County initiated amendment to the Comprehensive Plan Future Land Use Map in
2006 (CPA 06B-01), PUD 02-22 (Oakmont) along with other single family residential
developments was changed to RMX, rendering them non-conforming.
Staff has no documentation as to the reason that the PUD was rendered a non-conforming
use or any data to support the public purpose.
The site is located within the Ronald Reagan Parkway Selected Area Plan.
●
PD 02-22 was originally approved for a 999 unit short-term rental community with
28,000 square feet of commercial, an 18-hole golf course, maintenance facility and
driving range on 638± acres in an RL-1X district. The applicant is requesting an
DRC Findings/Recommendation Page 2 of 21
Level 3/eep 11/8/2012 12:06:42 PM PD 02-22M December 5, 2012