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

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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 On September 1, 2000, the Board of County Commissioners adopted the Polk County Land Development Code, which repealed Polk County’s Zoning Ordinance.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
• Documentation provided by the applicant shows that three different driving ranges opened accounts with Lakeland Electric on the subject site from March 1995 to December 2003. On December 17, 2003, Central Florida Paintball opened an electric account on the subject site. In 2004, the VFW relocated to a newly constructed building across the street from the subject site. • The Level 3 Conditional Use (CU 11-05) to recognize the existing paintball facility was heard at the April 6, 2011 Planning Commission hearing. The Planning Commission approved CU 11-05 by a vote of 6/1. • CU 11-05 was appealed by neighboring property owners and was heard by the Board of County Commissioners on July 12, 2011. The Board of County Commissioners approved CU 11-05 by a vote of 5/0. • The Level 2 Review construction plans were approved by the Polk County Development Review Committee on January 6, 2012. • The site has frontage on US 98 North, a multi-modal two-lane undivided arterial roadway, with 32 feet of pavement width. US 98 North transitions to a four-lane divided roadway approximately 900 feet south of the site. Currently, link 5416N (US 98 North from Daughtery Road to Rockridge Road) has a Peak-hour/Peak-season level-of-service (LOS) of B while link 5416S has a Peak-hour/Peak-season LOS of C. • The subject site is located within the Rural Development Area (RDA); therefore, water and sewer are not available to the site. Currently, the existing structure/use utilizes a 2” well for potable water and a septic system for waste water. • Fire services are provided by Fire Station 120, which is 0.7 miles from the site, located at 8936 US 98 North, and has an average response time of two (2) to three (3) minutes. Station 120 is staffed 24/7 with career firefighters, and operates an advanced life support fire engine, with at least one of the three crew members cross-trained as a paramedic. • Ambulance response is provided by the Station MD 11, which is located approximately four (4) miles from the site, and located at 5201 Cornell Street in Lakeland. Approximate travel time to the subject site is seven (7) minutes. • Law enforcement services are provided by the Polk County Sheriff’s Office Northwest District Command Center, which is approximately five (5) miles from the site, and located at 1045 Wedgewood Estates Blvd. in Lakeland. • The subject site has approximately 15.77 acres of uplands, and the remainder of the site contains wetlands and/or floodplain. The wetlands and floodplain are located in the southeast and eastern portion of the site. The existing use (which is not anticipated to change) will continue to be carried out on the upland portions of the site. • According to the Polk County Endangered Habitats Map, updated in 2006 (Animals, Rookeries & Communities) and 2011 (Plants), the site is not located within an identified one mile radius for protected plant and animal species. This data is derived from the Florida Natural Areas Inventory (FNAI) and the Florida Geographic Data Library. DRC Findings/Recommendation Page 3 of 23 Level 3/TAV 11/21/2012 9:52 AM CU 11-05M December 5, 2012
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POLK COUNTY PLANNING COMMISSION REG
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Planning Commission Meeting Decembe
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Planning Commission Meeting Decembe
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• Enhance the sense of place and
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ORDINANCE NO. 13-______ AN ORDINANC
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D. Modified Land Use Requirements 8
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POLK COUNTY DEVELOPMENT REVIEW COMM
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elimination of the approval for the
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Table 1 Surrounding Land Use Design
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Table 3 Name of Station Distance fr
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Table 6 Link # Road Name Current Le
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Table 8 Soil Name Septic Tank Absor
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Exhibit 1 LOCATION MAP DRC Findings
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Exhibit 3 2012 AERIAL PHOTO DRC Fin
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Exhibit 5 Utility Lines in Phase I
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PROPOSED MODIFICATIONS TO CONDITION
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Exhibit 7 Sign Variance Request Sit
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Collector Road (Pine Tree Trail). T
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Exhibit 1 Location Map SITE Source:
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Exhibit 3 Development Agreement
Page 173 and 174: DRAFT FIRST AMENDMENT TO DEVELOPMEN
Page 175 and 176: 3 of 16 DRAFT attributable to such
Page 177 and 178: AK Oakmont Property once all the ap
Page 179 and 180: DRAFT With a copy to: Mr. Jim Harve
Page 181 and 182: DRAFT WITNESSES AK Oakmont, LLC A F
Page 183 and 184: DRAFT Exhibit “A” (Con’t) Leg
Page 185 and 186: DRAFT Exhibit “C” Special Warra
Page 187 and 188: DRAFT Exhibit “C” (Con’t) Spe
Page 189 and 190: POLK COUNTY DEVELOPMENT REVIEW COMM
Page 191 and 192: Development Review Committee Recomm
Page 193 and 194: Name of Station Distance from subje
Page 195 and 196: Exhibit 1 SITE LOCATION MAP DRC Fin
Page 197 and 198: Exhibit 3 AERIAL PHOTOGRAPH DRC Fin
Page 201 and 202: CONDITION(S) OF APPROVAL: 1. All pr
Page 203 and 204: Surrounding Land Use Designations a
Page 205 and 206: A. Surface Water: Charlie Creek run
Page 207 and 208: Exhibit 1 SITE LOCATION MAP DRC Fin
Page 209 and 210: Exhibit 3 AERIAL PHOTOGRAPH DRC Fin
Page 211: POLK COUNTY DEVELOPMENT REVIEW COMM
Page 215 and 216: Staff does not agree with allowing
Page 217 and 218: 9. The applicant may host up to twe
Page 219 and 220: and 720 GPD of wastewater. Therefor
Page 221 and 222: C. Wells (Public/Private) The appli
Page 223 and 224: Exhibit 1 LOCATION MAP DRC Findings
Page 225 and 226: Exhibit 3 RSX A/RRX A/RRX CEX RL-4
Page 228 and 229: Exhibit 6 ORIGINAL CU 11-05 SITE PL
Page 230 and 231: Paintball Sports Promotions (PSP) f
Page 232 and 233: Exhibit 9 1. This Conditional Use a
Page 241 and 242: The Development Review Committee, b
Page 243 and 244: Proposed Site - 2.35 acres (RMX) Pe
Page 245 and 246: All impacts to the site will be on
Page 247 and 248: Exhibit 2 ROS RM RM Site CAC CAC RL
Page 249 and 250: Exhibit 4 Site Plan DRC Findings/Re
Page 251 and 252: authority to approve or deny the re
Page 253 and 254: 10. The site has frontage on State
Page 255 and 256: Compatibility with the Surrounding
Page 257 and 258: F. Protected Species: According to
Page 259 and 260: Exhibit 2 Bartow A/RR CE SITE A/RR
Page 261 and 262: Exhibit 4 PROPOSED SITE PLAN DRC Fi
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expanding continually since the 198
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GENERAL NOTES NOTE: Approval of thi
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Table 3 Name of Station Distance fr
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Surface Evaluation and Rating (PASE
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A. Location: The County’s Northea
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Exhibit 1 LOCATION MAP DRC Findings
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Exhibit 3 2012 AERIAL PHOTO CLOSE-U
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POLK COUNTY DEVELOPMENT REVIEW COMM
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Exhibt 1 Sector Planning Areas Plan
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Exhibit 3 Planning Commission Staff
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NOTE: The underlined text indicates
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Wednesday, December 05, 2012 - Regular Planning ... - Polk County

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