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

authority to approve or deny the request by determining whether the proposed Conditional Use
conforms to the LDC and the Polk County Comprehensive Plan.
PUD 78-03 was approved on August 1, 1978 by the Board of County Commissioners for a
mobile home and recreational vehicle park. Subsequent modifications added commercial
portions to the PUD. The commercial uses were limited to the uses allowed in the C-2 zoning
district. Most of the PUD was not built; however, the Polk County Property Appraiser shows the
auto repair building being constructed in 1986.
In 1995, the Board of County Commissioners approved a Comprehensive Plan Amendment from
Agricultural/Residential Rural to Commercial Enclave (CPA 95S-08). Although at the time staff
could not place conditions on a Comprehensive Plan Amendment, the staff report clearly stated
that the use was not consistent with the existing C-2 zoning district and that a Conditional Use
approval was needed to make the automobile repair shop conforming. The Conditional Use was
never applied for by the owner. Marilyn Barkley bought the property in 2006 and continued the
existing use as an automobile repair shop under the belief that the use was “grandfathered.”
Code Enforcement Division cited the Trulls for operating a salvage yard due to the cars parked in
the rear of the lot. In the ensuing investigation, staff realized that a Level 4 Review Conditional
Use is required for the trio of uses to continue on the property. Salvage Yards are not permitted
within the Commercial Enclave Future Land use district and so the Trulls have removed the cars
from the property.
Staff has no objections to the proposed Level 4 Review Conditional Use. This use has been
occurring at the site since prior to Ms. Barkley (now Trull) purchasing the property with no
complaints or negative impacts on the county or its residents.
Findings of Fact
1. The request is to recognize the existing uses of Vehicle Sales and Leasing, Vehicle
Service, Mechanical, and Vehicle Repair, Auto Body for an existing automobile shop
within the Commercial Enclave (CEX) Future Land Use district. Also part of the request
is to remove the subject site from PUD 78-03 (Heaven Bound PD). The subject site is
within the Rural Development Area and is approximately 1.09 acres in size.
2. The subject site is also within the Gateway Selected Area Plan (SAP). Since no text has
been adopted within the Land Development Code (LDC) for the Gateway SAP, Table 2.1
and Chapter 3 of the LDC are in effect.
3. According to Table 2.1 of the Polk County Land Development Code, the uses of Vehicle
Sales and Leasing, Vehicle Service, Mechanical, and Vehicle Repair, Auto Body all
require a Level 4 Review (C4) within the CE Future Land Use district. Level 4
Conditional Uses require an advertised public hearing before the Polk County Planning
Commission, whose vote is a recommendation, and approval from the Board of County
Commissioners at an advertised public hearing.
4. Chapter 10 of the Polk County LDC defines Vehicle Sales and Leasing as
“Establishments primarily engaged in the retail sale, leasing, and service of new or used
automobiles, vans, boats, motorcycles, recreational vehicles, and light trucks (less than 2
DRC Findings/Recommendation Page 2 of 12
Level 4/TAV 11/16/2012 3:45 PM CU 12-20 December 5, 2012