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

5/0. Level 2 plans were then submitted and approved by the Development Review Committee
on January 6, 2012.
The current request is to modify the Conditional Use approval granted by the Board of County
Commissioners. Denial of CU 11-05M by the Planning Commission only denies the requested
modifications to the Conditions of Approval; it does not invalidate the already approved
Conditional Use.
The applicant is requesting to make the following changes to the Conditions of Approval
(language that has been struck through is proposed to be deleted; language that has been
underlined is proposed to be added. See Exhibit 8 for a complete list of the existing Conditions
of Approval as determined by the Board of County Commissioners on July 12, 2011):
Findings of Fact
• The subject property is located at 9355 US Highway 98 North and is in an Agricultural/
Residential-Rural “X” Future Land Use district, which is within the Rural Special
Protection Area (Rural SPA) of the Green Swamp Area of Critical State Concern. The
property is also located in the Rural Development Area (RDA).
• This property was once approved for Planned Unit Development (PUD) 83-21. PUD 83-
21 received conceptual approval for a recreational vehicle (RV) park containing 171 RV
spaces and office space; however, this approval has expired.
• The property owner requested a zoning change (ZCR 87-77) on the front 4.84 acres from
Rural Conservation (RC) to Regional Commercial (C-3). On August 25, 1987, the Board
of County Commissioners approved the zoning change.
• On February 28, 1991, the property owner was issued a building permit to construct a
4,000 sq. ft. retail building on the portion of the site zoned C-3.
• On April 19, 1991, the Polk County Comprehensive Plan was adopted by the Board of
County Commissioners, and the subject site was designated as an A/RR (later designated
as A/RRX) Future Land Use district, but retained C-3 zoning on the front 4.84 acres. On
September 1, 2000, the Board of County Commissioners adopted the Polk County Land
Development Code, which repealed Polk County’s Zoning Ordinance. As a result of this
action, the C-3 zoning was removed from the front 4.84 acres, which left the entire site as
A/RRX.
• After its completion, the building was utilized as a retail/commercial use; however, in
September of 1993, a change of occupancy was approved from retail to a bar/lounge for
the Gibsonia/Kathleen (Post 8002) Veterans of Foreign Wars (VFW).
• In March 1995, a driving range began operating on the subject site. A shed used in
association with the driving range and the “tee” area were located within the portion of
the site that was zoned C-3 (currently CEX); however, the balls were being hit into the
portion of the site that was designated PUD 83-21 (currently A/RRX). An expansion of a
non-conforming use should have been requested at that time.
DRC Findings/Recommendation Page 2 of 23
Level 3/TAV 11/21/2012 9:52 AM CU 11-05M December 5, 2012