Planning Commission

Polk County Planning Commission Meeting Minutes - Final July 12, 2023 Regular Planning Meeting Call Agenda Workshop to Order 1:20 p.m. Minutes: The workshop of the Polk County Planning Commission was called to order at 1:20 p.m. by Vice Chair, Rennie Heath, on Wednesday, July 12, 2023, in the County Commission Boardroom, Administration Building. In attendance were the following members: Tommy Addison, David Dalton, Sean Harper, Rennie Heath, Linda Schultz, and Sean Harper. Also present were Elizabeth Voss, Assistant County Attorney, Benjamin Ziskal, Erik Peterson, Chanda Bennett, Robert Bolton, Amy Little, and Ian Nance of Land Development, and Angela Kaufman, recording secretary. Ian Nance announced case LDCT-2023-10 will be moved to the number three position on the agenda. Call Public Hearing to Order 1:30 p.m. Or as soon thereafter as the particular case may be heard 1:30 p.m. Minutes: The Polk County Planning Commission was called to order at 1:30 p.m. by the Vice Chair, Rennie Heath, on Wednesday, July 12, 2023, in the County Commission Boardroom, Administration Building. In attendance were the following members: Tommy Addison, David Dalton, Rennie Heath, Linda Schultz, and Sean Harper. Also present were Elizabeth Voss, Assistant County Attorney, Benjamin Ziskal, Erik Peterson, Chanda Bennett, Robert Bolton, and Amy Little, and Ian Nance of Land Development, and Angela Kaufman, recording secretary. Ian Nance announced case LDCT-2023-10 will be moved to the number three position on the agenda. Roll Call / Attendance Vice Chair Rennie Heath, Secretary David Dalton, Sean Harper, Tommy Addison, and Linda Schultz Present Chair Rebecca Troutman, Brooke Agnini, and Angelic SimsExcused Robert BeltranAbsent Pledge of Allegiance Minutes of June 7, 2023, Planning Commission Hearing Page 1 of 9 RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Heath, Dalton, Harper, Addison, and Schultz Absent: Troutman, Beltran, Agnini, and Sims Reordering of the Agenda - Prior to beginning the Business of the Planning Commission, the Commission may reorder the Agenda. 1) Reorder Agenda 2) Considerations of items to be withdrawn, deferred, or continued. Minutes: Ian Nance announced case LDCT-2023-10 will be moved to the number three position on the agenda. RESULT: APPROVED MOVER: Sean Harper SECONDER: David Dalton AYE: Heath, Dalton, Harper, Addison, and Schultz Excused: Troutman, Beltran, Agnini, and Sims Voir Dire of Expert Witnesses Staff Resumes RESULT: APPROVED MOVER: Tommy Addison SECONDER: David Dalton AYE: Heath, Dalton, Harper, Addison, and Schultz Excused: Troutman, Beltran, Agnini, and Sims Agenda Item Old Business 1 LDCPAL-2022-15 (US 27 OCX CPA) Minutes: An ordinance of the Polk County Board of County Commissioners regarding the adoption of amendment LDCPAL-2022-15; an amendment to the Polk County Comprehensive Plan; Ordinance 92-36, as amended to change the Future Land Use designation on 0.94+/- acres from Residential Low-X (RLX) to Office Center-X (OCX) in the Transit Supportive Development Area (TSDA), North US 27 Selected Area Plan (SAP), Ridge Special Protection Area (SPA) of the Green Swamp Area of Critical State Concern (ACSC), and the Corridor and Center of the Transit Centers and Corridors Overlay (TCCO). The subject site is located on the west side of US Hwy 27 north of Oglethorpe Drive, east of Williamson Drive and south of Tuscan Ridge Drive north of Haines City limits, in Section 36, Township 25 and Range 26; providing for severability; Page 2 of 9 and providing for an effective date. Ian Nance, Land Development, introduced the case and reported 67 mailers were sent to area property owners on June 19, 2023. Two (2) signs were posted on the property on June 16, 2023. A legal advertisement was published in the Lakeland Ledger on June 21, 2023. Four (4) responses were received in opposition to this case. Robert Bolton, Land Development, presented a Power Point presentation with a recommendation of approval. Bart Allen, applicant, agrees with staff’s recommendation and presented their case. Linda Schultz asked of Bart Allen who the brokers are for this project. Bart Allen stated the broker’s names. Linda Schultz stated she would be recusing herself due to a business relationship. Vice Chair opened the public hearing. Edward Mlotkiewicz spoke in opposition stating that the proposed location of the driveway access does not meet Polk County Development code. The measurements and proximity of the proposed drive is too close to the major intersection. As he was presenting the PDF presentation, he provided images and diagrams. He stated that this proposed project will be located within a subdivision and will be in the line of sight of residential homes. Vice Chair closed the public hearing. Bart Allen returned to provide a rebuttal. Robert Bolton provided additional information regarding the drive. David Dalton asked if staff had heard anything that was presented in the public hearing that changed their opinion. Robert Bolton stated no. 1 LDCPAL-2022-15 (US 27 OCX CPA) Recommendation of approval will be forwarded to the Board of County Commissioners on August 8, 2023, for Transmittal and December 5, 2023, for Adoption RESULT: APPROVED MOVER: Tommy Addison SECONDER: Sean Harper AYE: Heath, Dalton, Harper, and Addison Excused: Troutman, Beltran, Agnini, and Sims Recused: Schultz Page 3 of 9 New Business 2 LDCU-2023-12 (Drive Thru Restaurant US 27) Minutes: RWLC Development Sub LLC, owner, Sarah Maier of Dewberry, applicant, requests a Conditional Use (CU) approval to construct a 2,500 sq. ft. Drive-thru restaurant on approximately 1.72-acres within the Neighborhood Activity Center-X (NACX) Future Land Use District on 12.64 +/- acres. The subject property is located at the southeast corner of US Highway 27 and Ridgewood Lakes Boulevard, north of North Boulevard West, west of Highway 547 North, east of FDC Grove Road, south of Minute Maid Ramp Road 1, east of Haines City, in Section 27, Township 26, and Range 29. Ian Nance, Land Development, introduced the case and reported 24 mailers were sent to area property owners on June 19, 2023. Three (3) signs were posted on the property on June 27, 2023. A legal advertisement was published in the Lakeland Ledger on June 21, 2023, and no responses were received. Erik Peterson, Land Development, presented a Power Point presentation with a recommendation of approval. David Dalton asked of staff regarding the drive and approval. Erik Peterson stated this was approved by the HOA. Don Bager, applicant, agrees with staff’s recommendation and spoke regarding the request. Vice Chair opened the public hearing. No response. Vice Chair closed the public hearing. 2 LDCU-2023-12 (Drive Thru Restaurant US 27) - Approved with conditions RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Heath, Dalton, Harper, Addison, and Schultz Excused: Troutman, Agnini, and Sims Absent: Beltran 8 LDCT-2023-10 (Car Wash NACX Text Amendment) Minutes: An ordinance of the Polk County Board of County Commissioners regarding Land Development Code Amendment LDCT-2022-20 amending ordinance No. 00-09, Page 4 of 9 as amended, the Polk County Land Development Code, providing findings; amending Chapter 4, Table 4.16 to add Car Wash, Incidental in the Neighborhood Activity Center-X (NACX) in the North Ridge Selected Area Plan as a C2 Conditional Use; providing for severability; and providing for an effective date. Ian Nance, Land Development, introduced the case and reported a legal advertisement was published in the Lakeland Ledger on June 21, 2023. No responses were received. Amy Little, Land Development, presented a Power Point presentation and a recommendation of approval. Don Beger, applicant, agrees with staff’s recommendation. Vice Chair open the public hearing. No response. Vice Chair closed the public hearing. 8 LDCT-2023-10 (Car Wash NACX Text Amendment) Recommend approval to the Board of County Commissioners for the First Reading on August 22, 2023, and Second Reading on September 5, 2023 RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Heath, Dalton, Harper, Addison, and Schultz Excused: Troutman, Agnini, and Sims Absent: Beltran 3 LDCU-2023-13 (Reunion Self-Storage CU) Minutes: Reunion DHC LLC, owner, Carlos Perero of Kimley-Horn and Associates, LLC, applicant, request a Conditional Use (CU) approval of a Self-Storage Facility in a Community Activity Center (CACX) land use district in the Ronald Reagan Selected Area Plan (SAP) on 1.75 +/- acres. The subject property is located south of Osceola Polk Line Road, west of Lake Wilson Road, east of Heritage Pass, north of Ronald Reagan Parkway, northeast of Davenport, Florida, in Section 03, Township 26, Range 27. Ian Nance, Land Development, introduced the case and reported 16 mailers were sent to area property owners on June 19, 2023. Two (2) signs were posted on the property on May 31, 2023. A legal advertisement was published in the Lakeland Ledger on June 21, 2023, and no responses were received. Ian Nance, Land Development, presented a Power Point presentation with a recommendation of approval. Vice Chair asked of staff why this request has to go to a Level 4 application. Page 5 of 9 Ian Nance provided an explanation. Carlos Perero, applicant, agrees with staff’s recommendation and spoke regarding the case. Vice Chair opened the public hearing. No response. Vice Chair closed the public hearing. 3 LDCU-2023-13 (Reunion Self-Storage CU) - Recommendation of approval will be forwarded to the Board of County Commissioners on August 22, 2023. RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Heath, Dalton, Harper, Addison, and Schultz Excused: Troutman, Agnini, and Sims Absent: Beltran 4 LDCU-2023-14 (Nichols Aggregate CU) Minutes: William Thomas Mims, owner, Kriss Kaye of Carter and Kaye Engineering, LLC, applicant, request a Conditional Use (CU) approval for a construction aggregate processing and storage facility in an Industrial (IND) Land Use District and Suburban Development Area (SDA) on 11.69 +/- acres. The subject property is located at north of Nichols Road, west of Highway 60W, south of Old Highway 60, east and south of the city of Mulberry in Section 03, Township 30, Range 23. Ian Nance, Land Development, introduced the case and reported 20 mailers were sent to area property owners on June 19, 2023. Two (2) signs were posted on the property on June 11, 2023. A legal advertisement was published in the Lakeland Ledger on June 21, 2023. No responses were received. Amy Little, Land Development, presented a Power Point presentation with a recommendation of approval with conditions. David Carter, applicant, agrees with staff’s recommendation and spoke regarding the request. Vice Chair opened the public hearing. Glenn Rail spoke in support of the proposed project. Vice Chair closed the public hearing. Page 6 of 9 Tommy Addison asked of staff regarding truck parking. Amy Little provided this information. 4 LDCU-2023-14 (Nichols Aggregate CU) - Approved with Conditions RESULT: APPROVED MOVER: David Dalton SECONDER: Sean Harper AYE: Heath, Dalton, Harper, Addison, and Schultz Excused: Troutman, Agnini, and Sims Absent: Beltran 5 LDCU-2023-16 (10th Street East Mobile Home) Minutes: Pablo G. Freire, owner, request a Conditional Use (CU) approval to locate a mobile home within a Residential Suburban-X (RSX) Future Land Use district on 0.29 +/- acres. The subject property is located at 103 10th Wahneta Street East, north of 17th Street West, west of Avenue A East, east of Rifle Range Road, south of 9th Street East, Winter Haven, in Section 21, Township 29, and Range 26. Ian Nance, Land Development, introduced the case and reported 51 mailers were sent to area property owners on June 19, 2023. One (1) sign was posted on the property on June 27, 2023. A legal advertisement was published in the Lakeland Ledger on June 21, 2023. No responses were received. David Dalton made a motion to expedite and this was seconded by Tommy Addison and was approved unanimously. Erik Peterson, Land Development, presented a Power Point presentation with a recommendation of approval. The applicant, Pablo Freire, (with a translator) agrees with staff’s recommendation of approval and spoke regarding the request. Vice Chair opened the public hearing. No response. Vice Chair closes the public hearing. 5 LDCU-2023-16 (10th Street East Mobile Home) - Approved with conditions RESULT: APPROVED MOVER: Tommy Addison SECONDER: Sean Harper AYE: Heath, Dalton, Harper, Addison, and Schultz Page 7 of 9 Excused: Troutman, Agnini, and Sims Absent: Beltran 6 LDCU-2023-17 (Gerties Road Duplex CU) Minutes: Hazel Hinds & Randall Ray Stice, owners, request a Conditional Use (CU) approval for recognition of a former legal non-conforming use as an extended rights parcel to locate two duplexes within a Residential Low-1 (RL-1) land use on 0.22 +/- acres. The subject property is located at 2601 Gerties Road, Bartow, west of Gerties Rd, north of Old Bartow Eagle Lake Road, and east of the city of Bartow in Section 22, Township 29, Range 25. Ian Nance, Land Development, introduced the case and reported 16 mailers were sent to area property owners on June 19, 2023. One (1) sign was posted on the property on June 11, 2023. A legal advertisement was published in the Lakeland Ledger on June 21, 2023. No responses were received. Ian Nance, Land Development, presented a Power Point presentation with a recommendation of approval. Tommy Addison asked if the grandfather rights expired within one month of the purchase. Ian Nance stated in the affirmative. The applicant, Hazel Hinds, agrees with staff’s recommendation of approval and spoke regarding the request. Vice Chair opened the public hearing. No response. Vice Chair closes the public hearing. 6 LDCU-2023-17 (Gerties Road Duplex CU) - Approved with Conditions RESULT: APPROVED MOVER: Tommy Addison SECONDER: David Dalton AYE: Heath, Dalton, Harper, Addison, and Schultz Excused: Troutman, Agnini, and Sims Absent: Beltran 7 LDPD-2023-10 (Swiss Valley MHP Modification) Minutes: VISCA Corporation Inc., owner, Jeffrey Scallion and James Zinner, applicant, requests a modification to LDPD-2020-29 to add eleven lots to an approved Mobile Home Park in a Residential Low-4 (RL-4) Future Land district and Urban Growth Area Page 8 of 9 (UGA) on 15.02 +/- acres. The subject property is located at 1527 Ritter Road, west of Highway 98, south of Banana Road, east of Chase Road, north of Lakeland, in Section 11, Township 27, Range 23. Ian Nance, Land Development, introduced the case and reported 37 mailers were sent to area property owner on June 19, 2023. One (1) sign was posted on the property on May 31, 2023. A legal advertisement was published in the Lakeland Ledger on June 21, 2023. No responses were received. Ian Nance, Land Development, presented a Power Point presentation and a recommendation of approval. Jeffrey Scallion, applicant, agrees with staff’s recommendation and spoke regarding the case. Vice Chair open the public hearing. No response. Vice Chair closed the public hearing. 7 LDPD-2023-10 (Swiss Valley MHP Modification) - Recommendation of approval with be forwarded to the Board of County Commissioners on August 22, 2023. RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Heath, Dalton, Harper, Addison, and Schultz Absent: Troutman, Beltran, Agnini, and Sims Adjournment RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Heath, Dalton, Harper, Addison, and Schultz Absent: Troutman, Beltran, Agnini, and Sims Page 9 of 9