Planning Commission

Polk County Planning Commission Meeting Minutes - Final March 01, 2023 Regular Planning Meeting Call Agenda Workshop to Order 8:50 a.m. Minutes: The workshop of the Polk County Planning Commission was called to order at 8:52 a.m. by Madam Chair, Becky Troutman, on Wednesday, March 1, 2023, in the County Commission Boardroom, Administration Building. In attendance were the following members: Rebecca Troutman, David Dalton, Angelic Sims, Robert Beltran, and Rennie Heath. Also present were Elizabeth Voss, Assistant County Attorney, Benjamin Ziskal, Erik Peterson, Chanda Bennett, Robert Bolton, Aleya Perreira, Johnathan Sims, Amy Little, Ian Nance, and Malissa Celestine of Land Development, and Angela Kaufman, recording secretary. Ian Nance announced cases LDCU-2022-44 was withdrawn by the applicant. Cases LDCPAS-2022-32 and LDCT-2023-3 will be presented together, LDCPAS-2022-46 and LDCT-2022-21 will be presented together, LDCPAS-2023-2 and LDCT-2022-19 will be heard together. LDCPAS-2022-32 and LDCT-2023-3 will be continued to April 5, 2023. LDCPAL-2022-15 has been continued to April 5, 2023. LDCPAS-2022-46 and LDCT-2022-21 will be presented together. Erik Peterson explained Transportation Planning will presenting at next month’s meeting. Call Public Hearing to Order 9:00 a.m. Or as soon thereafter as the particular case may be heard 9:00 a.m. Chair Rebecca Troutman, Vice Chair Rennie Heath, Secretary David Dalton, Robert Beltran, Brooke Agnini, Tommy Addison, and Angelic Sims Present Sean Harper, and Jonathan FlemingExcused Pledge of Allegiance Approve Minutes February 1, 2023, Planning Commission Meeting Minutes Page 1 of 24 Reordering of the Agenda - Prior to beginning the Business of the Planning Commission, the Commission may reorder the Agenda. 1) Reorder Agenda a) At the discretion of the Planning Commission members, a lunch break may be called if the hearing of cases goes beyond 12:00 p.m. 2) Considerations of items to be withdrawn, deferred, or continued. Minutes: Ian Nance, Land Development, explained that LDCU-2022-44 has been withdrawn. LDPD-2022-19 has been withdrawn. LDCPAS-2022-31 and LDCT-2023-3 are continued to April 5th Planning Commission hearing. LDCPAL-2022-15 has been continued to the April 5th Planning Commission hearing. LCPAS-2023-2 and LDCT-2022-19 will be presented together. LDCPAS-2022-46 and LDCT-2022-21 will be presented together. RESULT: ACCEPTED MOVER: SECONDER: AYE: Troutman, Heath, Dalton, Beltran, Agnini, Addison, and Sims Excused: Harper, and Fleming Voir Dire of Expert Witnesses RESULT: ACCEPTED MOVER: SECONDER: AYE: Troutman, Heath, Dalton, Beltran, Agnini, Addison, and Sims Excused: Harper, and Fleming Staff Resumes Agenda Item OLD BUSINESS LDCU-2022-44 (Alturas CVP) - Withdrawn LDPD-2022-19 (Watkins Road PD) - Withdrawn LDCU-2022-23 (Fantasy Island Helistop) Minutes: 1) LDCU-2022-23 (Fantasy Island Helistop CU) Hope Rise Development LLC, owner, request a Conditional Use (CU) approval for a helistop on 0.62 +/- acres in Community Activity Center-X (CAC-X) within the Ronald Reagan Selected Area Plan Future Land Use district and Transit Supportive Development Area (TSDA). The subject property is located north of Ronald Reagan Parkway, west of Highway 17-92 North, south of Old Kissimmee Road, east of Old Lake Wilson Road, northeast of the city of Davenport, in Page 2 of 24 Section 12, Township 26, Range 27. Ian Nance, Land Development, introduced the case and reported twelve (12) mailers were sent to area property owners on February 13, 2023. One (1) sign was posted on the property on February 14, 2023. A legal advertisement was published in the Lakeland Ledger on February 13, 2023. No responses were received from the public. Amy Little, Land Development, presented a Power Point presentation with a recommendation of approval. The applicant was not present to speak on their behalf regarding this case. Madam Chair opened the public hearing. Ruben Rodriguez, Jr. spoke in opposition to this case. He has a K-9 training facility at his property. His experience in the Army and with helicopters, if something goes wrong and there is residences so close. The kennel he has, the dogs will be upset by the helicopter and go carts that are so close to his property. Jay McGonya, he is a disabled veteran with PTSD and is concerned that he will be severely affected by the helicopter noise that will be created by the helicopter. His property is about 200 feet from this property. He states the developer has not contacted the Braizade Delgado is in opposition and is a neighboring resident and is concerned with noise and safety for themselves and their children. Sharon Brock opposes this case and is concerned about how this helicopter will affect them and the residences and the school neighboring this development. Madam Chair closed the public hearing. Since this applicant was not available to speak regarding the opposition received during this meeting, the members of the Planning Commission voted to continue this case to April 5, 2023, Planning Commission hearing. 23-1819 LDCU-2022-23 (Fantasy Island Helistop) RESULT: CONTINUED MOVER: SECONDER: AYE: Troutman, Heath, Dalton, Beltran, Agnini, Addison, and Sims Absent: Harper, and Fleming LDPD-2022-32 (540-A Self-Storage TAD) Minutes: Divine Highlands LLC, owner, Shelton Rice of Peterson & Myers, P.A., applicant, request a Transitional Area Development (TAD) for a self-storage facility with a Floor Area Ratio (FAR) of .70 in an Office Center (OC) Future Land Use District on 3.31 +/- acres. The subject property is located south of County Road 540-A, east of Lakeland Highlands Road, west of Cross Creek Boulevard, in Section 21, Township 29, Range 24. Page 3 of 24 Ian Nance, Land Development, introduced the case and reported 16 mailers were sent to area property owners on January 12, 2023, one sign was posted on the property on January 10, 2023, a legal advertisement was published in the Lakeland Ledger on January 18, 2023, and no responses were received. Ian Nance, Land Development, presented a Power Point presentation with a recommendation of approval. Robert Beltran asked of staff where the access will be. Ian Nance, Land Development, explained where this will be located. Shelton Rice, applicant, agrees with staff's recommendation and spoke regarding the request. Madam Chair opened the public hearing. No response. Madam Chair closed the public hearing. Recommendation of approval will be forwarded to the Board of County Commissioners on March 21, 2023. Recommendation of approval will be forwarded to the Board of County Commissioners on March 21, 2023. RESULT: APPROVED MOVER: Tommy Addison SECONDER: Robert Beltran AYE: Troutman, Heath, Dalton, Beltran, and Addison NAY: Agnini, and Sims Excused: Harper, and Fleming NEW BUSINESS LDCT-2022-20 (ECX Car Wash and Vehicle Service) Minutes: 1) LDCT-2022-20 (ECX Car Wash & Vehicle Service) An ordinance of the Polk County Board of County Commissioners regarding Land Development Code Amendment LDCT-2022-20 amending ordinance No. 00-09, as amended, the Polk County Land Development Code, providing findings; amending Chapter 4, Table 4.16 to add Car Wash, Full Service in the Employment Center-X (ECX) in the North Ridge Selected Area Plan as a C2 Conditional Use, amending Chapter 4 Section 401.06.E.3.z.ii and Section 401.06.E.z.iii to remove minimum acreage requirements for Vehicle Service (Mechanical) within the North Ridge Selected Area Plan; providing for severability; and providing for an effective date. Page 4 of 24 Ian Nance, Land Development, introduced the case and reported a legal advertisement was published in the Lakeland Ledger on February 13, 2023, and no responses were received. Amy Little, Land Development, presented a Power Point presentation with a recommendation of approval. Rennie Heath moved to expedite the hearing of this case and Robert Beltran seconded. All board members agreed. The case was expedited. The applicant, Tim Campbell, agrees with staff’s recommendation and spoke regarding the request. Madam Chair opened the public hearing. No response. Madam Chair closed the public hearing. Recommendation of approval will be forwarded to the Board of County Commissioners on April 18, 2023, for the First Reading and May 2, 2023, for the Second Reading. 23-1818 LDCT-2022-20 (ECX Car Wash and Vehicle Service) - Recommendation of approval will be forwarded to the Board of County Commissioners on April 18, 2023, for the First Reading and May 2, 2023, for the Second Reading. RESULT: APPROVED MOVER: David Dalton SECONDER: Rennie Heath AYE: Troutman, Heath, Dalton, Beltran, and Addison NAY: Agnini, and Sims Absent: Harper, and Fleming LDCU-2022-36 (Winnie Lane CU) Minutes: LDCU-2022-36 (Winnie Land Duplex CU) JATA Holdings LLC, owner, Christian Paez, applicant, request a Conditional Use (CU) approval for three (3) duplexes on 0.87 +/- acres in Residential Low-3 (RL-3) Future Land Use designation and Transit Supportive Development Area (TSDA). The subject site located west of Dimbath Drive, east of Harden Boulevard, north of Pipkin Road West, and south of the city of Lakeland, in Section 12, Township 29, Range 23. Ian Nance, Land Development, introduced the case and reported 42 mailers were sent to area property owners on February 13, 2023. One sign was posted Page 5 of 24 on the property on February 7, 2023. A legal advertisement was published in the Lakeland Ledger on February 13, 2023. No responses were received. Rennie Heath made a motion to expedite the hearing of this case. David Dalton seconded the motion. All members agreed. Aleya Perreira, Land Development, presented a Power Point presentation with a recommendation of approval with conditions. The applicant was not in attendance to speak regarding their request. Madam Chair opened the public hearing. No response. Madam Chair closed the public hearing. Approved with Conditions. 23-1816 LDCU-2022-36 (Winnie Lane CU) - Approved with Conditions RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Troutman, Heath, Dalton, Beltran, Addison, and Sims NAY: Agnini Absent: Harper, and Fleming LDPD 2022-35 (Knights Station Rd - Keens Grove PD) Minutes: LDPD-2022-35 (Keen’s Grove PD) Keen’s Grove LLC, owner, request a Planned Development to construct a 25-lot single family residential subdivision on 9.85 +/- acres in Residential Low-1 (RL-1) Future Land Use designation and Transit Supportive Development Area (TSDA). The subject property is located at 3222 Knights Station Road, north of Bella Vista Street West, west of Galloway Road North, east Sutton Road, south of Sleepy Hill Road, west of Lakeland, in Section 04, Township 28, and Range 23. Ian Nance, Land Development, introduced the case and reported 99 mailers were sent to area property owners on February 13, 2023. One sign was posted on the property on February 7, 2023. A legal advertisement was published in the Lakeland Ledger on February 13, 2023. Two responses in opposition were received. Malissa Celestine, Land Development, presented a Power Point presentation with a recommendation of approval. Page 6 of 24 The applicant, John McVay, agrees with staff’s recommendation of approval and spoke regarding the request. Madam Chair opened the public hearing. Dewayne Meers opposes this project. He stated this development will create a higher density and will be like living in the city creating more traffic, pollution, and noise in the area. He stated he would like to maintain the country setting that currently exists in this area. Madam Chair closes the public hearing. John McVay provided a rebuttal. He stated that the staff report states that is compatible and that their request is less dense than the already established neighborhood. Tommy Addison asked of staff how many homes per acre compared to the development to the east. Malissa Celestine responded that it is about the same. Tommy Addison asked of staff how this property could be in the TSDA if there is no sewer available. Malissa Celestine explained Lakeland will provide water to the property. Chanda Bennett input that the TSDA was created in 2010 and projected that this area within a 20-year projection and this property is part of that projection. Rennie Heath asked of staff to verify the option of sewer services. Chanda Bennett could not answer. Malissa Celestine answered that county sewer services do not extend to this proposed project area. Robert Beltran asked of staff if all the other surrounding homes were using septic. Malissa Celestine stated she had not checked, but assumed the neighboring residences were using septic. Conditional Approval 23-1790 LDPD 2022-35 (Knights Station Rd - Keens Grove PD) - Approved with Conditions Page 7 of 24 RESULT: APPROVED MOVER: Rennie Heath SECONDER: Tommy Addison AYE: Troutman, Heath, Dalton, Beltran, Addison, and Sims NAY: Agnini Absent: Harper, and Fleming LDPD-2022-40 (Moore Road Fire Station) Minutes: LDPD-2022-40 (Moore Road Fire Station PD Mod) Polk County, owner, Jason Alligood of Kimley-Horn and Associates and Deana Cochran, applicants, request a Major Modification to PUD 73-06 Scandinavia USA to add a Fire Station with access to Moore Road and Scandinavia Boulevard on 4 +/- acres in Residential Low-1X (RL-1X), Polk City Special Protection Area, Green Swamp Area of Critical State Concern Future Land Use designation and Urban Growth Area (UGA). The subject property is located east of Moore Road, west of Scandinavia Boulevard, South of Pine Glen Road, south of Viking Lane, north of Old Polk City Road, north and east of the city of Lakeland, in Section 9, Township 27, Range 24. Ian Nance, Land Development, introduced the case and reported 16 mailers were sent to area property owner on February 13, 2023. Three signs were posted on the property on February 10, 2023. A legal advertisement was published in the Lakeland Ledger on February 13, 2023. No responses were received. Erik Peterson, Land Development, presented a Power Point presentation and a recommendation of approval. This is a county-initiated request. Madam Chair asked of staff where the next closest station is located. Erik Peterson explained where the nearest stations are located. Angel Sims asked for clarification of when the sirens will be turned back on in the morning. Erik Peterson did not have an answer. Robert Beltran asked of staff if there would be signalization required with this location. Erik Peterson stated the traffic quantity does not require a signal. Madam Chair opened the public hearing. Page 8 of 24 Larry Burbank is in opposition who lives directly across the street from this proposed location. He is concerned with lights and noise. He is concerned about other development that will occur. Madam Chair closed the public hearing. Erik Peterson provided a rebuttal and stated that the land use is appropriate for this and explained that the current land use is currently appropriate for a commercial (similar to a Publix shopping center). Noise will be limited particularly in the evening. Rennie Heath asked about the entrance and exit of the fire station and if it can be flipped. Erik Peterson stated that was not an optimal situation. Approved with Conditions. 23-1793 LDPD-2022-40 (Moore Road Fire Station) - Approved with Conditions RESULT: APPROVED MOVER: David Dalton SECONDER: Rennie Heath AYE: Troutman, Heath, Dalton, Beltran, Agnini, Addison, and Sims Absent: Harper, and Fleming LDPD-2022-38 (Artesia Lakeland RDP PD) Minutes: LDPD-2022-38 (Artesia Lakeland PD) - Level 4 O W Hancock LLLP and Rogers Brothers LLLP, owners, and Deana Cochran, applicant, request a Planned Development for increased density in a Residential Medium (RM) Land Use district for a Residential Development Park (RDP) for 254 multi-family units on 26.61 +/- acres in the Transit Supportive Development Area (TSDA). The subject property is located on the south side of Lake Hancock Road and the east side of US Highway 98, north of Clubhouse Road, on the south of State Road 540 (Winter Lake Road), southeast of Lakeland city limits in the Highland City area, in Section 11, Township 29 and Range 24. Ian Nance, Land Development, introduced the case and reported 43 mailers were sent to area property owners on February 13, 2023. Six signs were posted on the property February 7, 2023. A legal advertisement was published in the Lakeland Ledger on February 13, 2023. No responses were received. Page 9 of 24 Robert Bolton presented a Power Point presentation with a recommendation of approval. Tommy Addison asked staff regarding the entrances to the project. Robert Bolton explained the entrances and how they will be used. Kelly Hyvonen, applicant, agrees with staff's recommendation and spoke regarding this request. Rennie Heath asked of the applicant regarding the secondary emergency entrance. Kelly Hyvonen stated this going to be a gated community. Madam Chair opened the public hearing for this case. Cynthia Haines Akeen is opposed to this case due to the high density and traffic which she feels is incompatible. There is a cemetery there and all other residences are on much larger parcel sizes. Christopher Haines is opposed to this case and asked if anyone (members of the board) actually visit proposed sites. He stated concerns about the preservation of the adjacent graveyard which has been there since the 1800's. Madam Chair closed the public hearing. Kelly Hyvonen provided a rebuttal stated the density was previously ECX which allowed much higher density and their requested land use change brought the density down. The graveyard will not be impacted because it is private property. There is no intention to use the secondary entrance for daily use. Robert Bolton clarified the different overlays that are included for this property. Rennie Heath asked what density is being requested. Robert Bolton stated 9.5 units per acre. Tommy Addison asked of staff regarding parking. Robert Bolton stated there will be two spaces per unit. Mark Wilson of Kimley-Horn answered the question regarding the parking requirements and a major traffic study has been completed and this development will not impact traffic and a new traffic signal is being installed there. Page 10 of 24 Recommendation of approval will be forwarded to the Board of County Commissioners on April 18, 2023. 23-1809 LDPD-2022-38 (Artesia Lakeland RDP PD) - Recommendation of approval will be forwarded to the Board of County Commissioners on April 18, 2023. RESULT: APPROVED MOVER: Rennie Heath SECONDER: Tommy Addison AYE: Troutman, Heath, Beltran, Agnini, Addison, and Sims Absent: Harper, and Fleming Recused: Dalton LDCPAS-2022-36 (Monument Sign Change) Minutes: LDCPAS-2022-36 (Monument Sign - Lake Davenport) An ordinance of the Polk County Board of County Commissioners regarding the adoption of LDCPAS-2022-36, an amendment to the Polk County Comprehensive Plan, Ordinance 92-36, as amended, to change the Future Land Use Map designation on 1.27 +/- acres from Residential Low (RL-1X) to Professional/Institution (PIX) within the North US 27 SAP, located north of Interstate 4, west of Jerica Lane, south of Lake Davenport Boulevard, east of US Highway 27, near the city limits of Haines City in Section 01, Township 25, Range 26; providing for severability; and providing for an effective date. Chanda Bennett, Land Development, introduced the case and reported that 70 mailers were sent to area property owners on February 13, 2023. One sign was posted to the property on February 2, 2023. A legal advertisement was published in the Lakeland Ledger on February 13, 2023. No responses were received. Tommy Addison made a motion to expedite the hearing of this case and Robert Beltran seconded. All members agreed to expedite. Johnathan Sims, Land Development, presented a Power Point presentation with a recommendation for approval. The applicant, Kevin Irwin, agrees with staff’s recommendation and spoke regarding the request. Madam Chair opened the public hearing. No response. Madam Chair closed the public hearing. Recommendation of approval will be forwarded to the Board of County Commissioners on April 18, 2023. Page 11 of 24 23-1876 LDCPAS-2022-36 (Monument Sign Change) - Recommendation of approval will be forwarded to the Board of County Commissioners on April 18, 2023. RESULT: APPROVED MOVER: Tommy Addison SECONDER: Angelic Sims AYE: Troutman, Heath, Dalton, Agnini, Addison, and Sims Excused: Fleming Absent: Beltran, and Harper LDCPAL-2022-24 (Park Place Apartments) Minutes: LDCPAL-2022-24 (Park Place Apartments) An ordinance of the Polk County Board of County Commissioners regarding the adoption of LDCPAL-2022-24, an amendment to the Polk County Comprehensive Plan, Ordinance 92-36, as amended, to change the Future Land Use Map designation on 19.6 +/- acres from Residential Low (RL-1X) and Professional/Institution (PIX) to Residential High (RHX) within the North Ridge SAP, located south of Interstate 4, west of US Highway 27, north of US Highway 92, east of FDC Grove Road, near the city limits of Haines City in Section 31, Township 26, Range 27; providing for severability; and providing for an effective date. Chanda Bennett, Land Development, introduced the case and reported that 34 mailers were sent to area property owners on February 13, 2023. Four signs were posted to the property on February 2, 2023. A legal advertisement was published in the Lakeland Ledger on February 13, 2023. No responses were received. Johnathan Sims, Land Development, presented a Power Point presentation with a recommendation of approval. Rennie Heath asked staff about utilities. Johnathan Sims stated County Utilities is not available at this location. The representative from Kimley-Horn & Associates, applicant, agrees with staff's recommendation of approval and spoke regarding the request. Madam Chair opened the public hearing. No response. Madam Chair closed the public hearing. Recommendation of approval will be forwarded to the Board of County Page 12 of 24 Commissioners for transmittal on May 2, 2023, and for Adoption on July 11, 2023. 23-1744 LDCPAL-2022-24 (Park Place Apartments) - Recommendation of approval will be forwarded to the Board of County Commissioners for transmittal on May 2, 2023, and for Adoption on July 11, 2023. RESULT: APPROVED MOVER: Rennie Heath SECONDER: David Dalton AYE: Troutman, Heath, Dalton, and Beltran NAY: Agnini, Addison, and Sims Absent: Harper, and Fleming LDCPAS-2022-32 (Anchuca CPA) Minutes: LDCPAS-2022-32 (Anchuca CPA) has been continued to the April 5th, 2023, Planning Commission Hearing. LDCT-2023-3 (Anchuca CPA Text) Minutes: LDCT-2023-3 (Anchuca Text Amend) has been continued to the April 5th, 2023, Planning Commission Hearing. LDCPAS-2022-42 (US Highway 27 Small-Scale CPA) Minutes: LDCPAS-2022-42 (US 27 LCC) An ordinance of the Polk County Board of County Commissioners regarding the adoption of LDCPAS-2022-42, an amendment to the Polk County Comprehensive Plan, Ordinance 92-36, as amended, to change the Future Land Use Map designation on 5.8+/- acres Agricultural Residential Rural-X (A/RRX) to Linear Commercial Corridor-X (LCCX) within the Gateway Selected Area Plan, located west of US Highway 27, north of Alturas Babson Park Cutoff Road/ County Road 640, east of Crews Road, south of Highway 60 West, south of city of Lake Wales in Section 23, Township 30, Range 27; providing for severability; and providing for an effective date. Chanda Bennett, Land Development, introduced the case and reported 16 mailers were sent to area property owners on February 13, 2023. One sign was posted on the property on February 9, 2023. A legal advertisement was published in the Lakeland Ledger on February 13, 2023. No responses were received. Rennie Heath made a motion to expedite the case, but because the case is for partial approval, the case cannot be expedited. Malissa Celestine, Land Development, provided a Power Point presentation with a recommendation of partial approval. Page 13 of 24 The applicant, Tom Wodrich, agrees with staff’s recommendation and spoke regarding the request. Tommy Addison asked about the legal non-conformity that this case represents. Tom Wodrich stated that this is something the occurred over time and this was applied for to allow the property owners to apply for building permits. Madam Chair opened the public hearing. No response. Madam Chair closed the public hearing. Recommendation of approval will be forwarded to the Board of County Commissioners on March 21, 2023. 23-1897 LDCPAS-2022-42 (US Highway 27 Small-Scale CPA) - Recommendation of approval will be forwarded to the Board of County Commissioners on March 21, 2023. RESULT: APPROVED MOVER: Tommy Addison SECONDER: Rennie Heath AYE: Troutman, Heath, Dalton, Beltran, Agnini, Addison, and Sims Absent: Harper, and Fleming LDCPAS-2022-46 (Magnolia Solar Hub CPA) Minutes: LDCPAS-2022-46 (Magnolia Solar Center - TECO) An ordinance of the Polk County Board of County Commissioners regarding the adoption of LDCPAS-2022-46, an amendment to the Polk County Comprehensive plan, Ordinance 92-36, as amended, to change the Future Land Use Map designation on 40.84+/- acres from Agricultural Residential Rural (A/RR) and Residential Suburban (RS) to Institutional (INST), located south of State Road 60, west of Creekside Drive, east of Cesara Estates Drive, north of Poley Creek, east of the Hillsborough county line, in Sections 30 and 31, Township 29, and Range 23; providing for severability; and providing for an effective date. Chanda Bennett, Land Development, introduced the case and reported that 16 mailers were sent to area property owners on February 13, 2023. One sign was posted on the property on February 10, 2023. A legal advertisement was published in the Lakeland Ledger on February 13, 2023. No responses were received. This case was presented with case LDCT-2022-21. Page 14 of 24 Erik Peterson, Land Development, provided a Power Point presentation with a recommendation of approval. The applicant, Tim Campbell, agrees with staff’s recommendation and spoke regarding the request. Madam Chair opened the public hearing. No response. Madam Chair closed the public hearing. Recommendation of approval will be forwarded to the Board of County Commissioners on May 2, 2023. 23-1863 LDCPAS-2022-46 (Magnolia Solar Hub CPA) - Recommendation of approval will be forwarded to the Board of County Commissioners on May 2, 2023. RESULT: APPROVED MOVER: David Dalton SECONDER: Robert Beltran AYE: Troutman, Heath, Dalton, Beltran, Agnini, Addison, and Sims Absent: Harper, and Fleming LDCT-2022-21 (Additional Land Uses in Solar Farms) Minutes: LDCT-2022-21 (Magnolia Solar Center- LDC Text Amendment) An Ordinance of the Board of County Commissioners, Polk County, Florida, Land Development Code Amendment LDCT-2022-21, amending Ordinance No. 00-09, as amended, the Polk County Land Development Code, amending Chapter 3, Section 303, Criteria for Conditional Uses, Solar Electric-Power Generation Facilities, to add additional primary uses associated with solar power generation facilities to be eligible in an Institutional (INST 1&2) districts through Planning Commission approval; amending Chapter 10, Definitions for Solar Electric-Power Generation Facility to enable solar power generation facilities to contain a battery storage systems and structures for storage of solar-related materials; providing for severability; providing an effective date. This case was presented with case LDCPAS-2022-46. Recommendation of approval will be forwarded to the Board of County Commissioners for transmittal on April 18, 2023, and for adoption on May 2, 2023. Recommendation of approval will be forwarded to the Board of County Commissioners for transmittal on April 18, 2023, and for adoption on May 2, 2023. RESULT: APPROVED Page 15 of 24 MOVER: David Dalton SECONDER: Robert Beltran AYE: Troutman, Heath, Dalton, Beltran, Agnini, Addison, and Sims Excused: Harper, and Fleming LDCPAL-2022-15 (US 27 OCX CPA) Minutes: Continued to April 5, 2023 Planning Commission hearing. LDCPAS-2023-2 (DRG Frontage Road BPC CPA) Minutes: LDCPAS-2023-2 (DRG Comp Plan Amend) An ordinance of the Polk County Board of County Commissioners regarding the adoption of LDCPAS-2023-2, an amendment to the Polk County Comprehensive Plan, Ordinance 92-36, as amended, to change 25.78+/- acres from Residential Low (RL) to Business Park Center (BPC) in the Transit Supportive Development Area (TSDA) and Transit Corridors and Centers Overlay (TCCO), north of Interstate 4 and Frontage Road, west of Winston Creek Parkway, South of Swindell Road and east of Swindell Road north of Lakeland city limits, in Sections 17 and 20, Township 28 and Range 23; and to amend Appendix 2.135 Parcel Specific Future Land Use Map Amendments with Conditions and create Section 2.135-B to add a reference to this case and parcels subject of this case; providing for severability; and providing for an effective date. Chanda Bennett, Land Development, introduced the case and reported that 29 mailers were sent to area property owners on February 13, 2023. Four signs were posted on the property on February 9, 2023. A legal advertisement was published in the Lakeland Ledger on February 13, 2023. 54 responses in opposition were received. Robert Bolton, Land Development, provided a Power Point presentation with a recommendation of approval. Madam Chair asked of staff regarding the consistency but not compatibility for this request. Robert Bolton responded stated this would be addressed with the text amendment and the enhanced restrictions stated in the staff report. Tommy Addison asked of staff regarding the proposed site plan at the far north portion of the property and asked if it was staying residential. Robert Bolton stated that this will remain RL-1. Madam Chair confirmed with staff that the site plan presented is not a binding site plan. Page 16 of 24 Robert Bolton confirmed. David Dalton stated that the property TCCO overlays would be helpful. Robert Bolton showed the TCCO overlays on the monitors. Chanda Bennett stated that there is higher FAR. The applicant, Bart Allen, agrees staff’s recommendation and spoke regarding the case. Tommy Addison asked of Bart Allen if there would be a district change to BPC-2 or will it remain BPC-1. Bart Allen stated it was only a request for BPC-1. Robert Beltran asked of the applicant clarification regarding the buffers. Bart Allen provided this information. Chanda Bennett provided clarification regarding light manufacturing. Madam Chair opened the public hearing. Madam Chair confirmed all in the audience who would be speaking were sworn in. Elizabeth Voss swore in members of the audience that were not previously sworn in. David Lefler spoke in opposition to the case stating that his family has owned property in this area for decades. He stated he felt this was a non-compatible change to this proposed change. He stated the BPC-1 zoning is not compatible with the RL-1 zoning already in existence. He stated it is intrusive to the rural agricultural setting. He stated that warehouses were not necessary in the county and many options were available. Nichole Beck spoke in opposition stating concerns with water drainage and flooding in this area. Since the property is in a flood zone and the proposed development would have to build up to accommodate for the flood zone and the run-off that would be created from the structure being built up will cause even more flooding issues for the surrounding area and Frontage Road and Swindell Road. She showed images on the overhead monitor. Madam Chair asked the date of the picture. Nichole Beck responded 2019. Page 17 of 24 Carrie Lefler spoke in opposition to the proposed case and how traffic would be an issue for neighboring residents and already a problematic travel route. Her concern was the emergency exit/entrance on Swindell Road will be used as daily use because of its convenience. She stated there are 19 bus stops within 2 miles of this location. This could endanger school aged children. Then she showed an image of all of the accidents from January 1, 2022, through February 1, 2023, within this area and at the intersection of Clark and Frontage roads. She stated that tractor and trailers are already traveling on Swindell Road which is prohibited. Brandy Kaufman spoke in opposition to this case stating concerns with existing wildlife. She is concerned with noise pollution of the diesel truck engines. This proposal is not conducive to this area. She is concerned with run-off and flooding of the neighboring residences and affect the existing wildlife. She stated this could affect the residences health. Sherry Peachee spoke in opposition to the case does not comply with the Comprehensive Code regarding the noise, pollution, and light pollution. She stated this does not blend in the existing agricultural use of the surrounding properties. Al St. Alair spoke in opposition is concerned about the proposed berms as a buffer and how the rain run-off from these berms will affect his property and Swindell Road and this area already commonly floods. Edward Leonard spoke in opposition to the case due to the traffic issues of Clark Road and Swindell Road and Alderman Road which is a dead-end road and residents on Alderman Road already cannot come and go from their road due to all of the truck traffic traveling in this area. Jenny Fidget spoke in opposition to this case due to flooding issues. This area already floods, and this is a very wet area and is concerned that this development will create more water issues and does not want her home to flood. Wayne Lain lives on the top left corned of the proposed property is a rental. He has not been contacted by the property owner. He is concerned with flooding. Terry Bionki spoke in opposition to is concerned with truck traffic traveling Swindell Road which they should not be traveling, but it is a quicker and more direct route than using Frontage Road to get to I-4. He is concerned with flooding, as well. Cathy Ward-Metz spoke in opposition to this case because a warehouse is not compatible to the agricultural area that already exists. William Kitchens spoke in opposition to the case due to traffic issues and Page 18 of 24 accidents. The roads flood and careless drivers have serious accidents. They are used for agricultural use to get farm equipment to different properties. Madam Chair closed the public hearing. Bart Allen provided a rebuttal. He stated that they are not using Swindell Road for their main access to the property. If there are traffic violations, then the proper agency needs to enforce the laws for these roads. Rennie Heath asked about the Swindell Road route. Bart Allen showed an aerial view of the path of roads including how Swindell Road continues and connects to Frontage Road versus the section of Swindell Road to the north of the property. Robert Beltran asked of Bart Allen the type of roads that are connected to the property. Bart Allen confirmed these roads. Bart Allen explained and showed a map of the flood plain in and around the proposed property. He then showed how the proposed is similar and relates to other businesses of the same nature and is consistent. He stated they will be creating 100-year storm water ponds on the property which will be more ponds than what is required. Madam Chair asked of Bart Allen regarding the definition of wetland. Bart Allen stated it is not a developer definition, but part of the Water Management district provides that definition and staff assists them in determining the features of the property. Bart Allen explained that these buildings will be flex-space for multi-tenant warehouse, not just one large user and will only be at 1/3 of intensity and a lower allowable floor area ratio and offered to add language to limit the FAR. He stated they have implemented substantial landscaping and buffering. They have a staff recommendation of approval. There are limitations to not allow outdoor activities and storage on the property due to the BPC-1. Robert Beltran asked of Bart Allen regarding the height of the building with the presented analysis. Bart Allen answered there is a 50-foot maximum but referred to staff. Chanda Bennett stated it is 75 feet maximum height for BPC-1. Robert Beltran stated he would like to see some type of maximum limitation for Page 19 of 24 building height. Then he asked about exterior images of the proposed building. Bart Allen stated the docks and bays would not be outward facing but have more of an office building setting with glass fronts. Rennie Heath asked of Bart Allen regarding the storm water on this proposed site and whether it was a closed basin. Bart Allen responded that this is a distressed basin and will use a 100-year storm water pond on this site. Rennie Heath then asked clarification that using this type of pond, the flooding issues might be improved in this area due to the pond improvements. Bart Allen stated he could not confirm this as he is not an engineer. Madam Chair asked about lighting. Bart Allen stated they will be using dark-sky lighting which diffuses the light downward. Rennie Heath asked if this was a requirement. Bart Allen stated it is a condition of approval. Robert Beltran asked if the roads have recently been improved. Chanda Bennett stated she was unfamiliar with any improvements. This section of the road is designated an Urban Collector Road, but it does not meet Urban Collector standards. Bart Allen returned to the building height conversation and stated the developer was intending a 40-foot clear building. Madam Chair returned to the conversation about the roads and the Urban Collector roads. Chanda Bennett provided a clarification this section did not have paved shoulders, no sidewalks, and is 20 feet wide, not 24 feet wide. Rennie Heath asked of Bart Allen if a traffic study has been completed. Bart Allen stated one has not been completed. David Dalton asked of Robert Bolton if anything he had heard today made him change his mind or opinion about this case. Robert Bolton stated no. Page 20 of 24 Rennie Heath made a motion to approve the case and David Dalton seconded the motion. Roll call vote was taken and the motion failed. A motion for denial was then made by Angel Sims and seconded by Robert Beltran which passed. Recommendation of denial will be forwarded to the Board of County Commissioners on May 16, 2023. 23-1885 LDCPAS-2023-2 (DRG Frontage Road BPC CPA) - Recommendation of denial will be forwarded to the Board of County Commissioners on May 16, 2023. 23-1885 LDCPAS-2023-2 (DRG Frontage Road BPC CPA) - Recommendation of denial will be forwarded to the Board of County Commissioners on May 16, 2023. RESULT: DENIED MOVER: Angelic Sims SECONDER: Robert Beltran AYE: Troutman, Beltran, Agnini, and Sims NAY: Heath, Dalton, and Addison Absent: Harper, and Fleming LDCT-2022-19 (N Frontage Road CT) Minutes: LDCT-2022-19 (DRG Text Amend) An ordinance of the Polk County Board of County Commissioners regarding Land Development Code amendment LDCT-2022-19, amending Ordinance No. 00-09, as amended, the Polk County Land Development Code, amending Appendix E, Section E105, Parcel Specific Land Use with Conditions, adding development standards for the property subject to LDCPAS-2023-2 and additional properties totaling 37.16+/-. The subject property is located north of Interstate 4 and Frontage Road, west of Winston Creek Parkway, South of Swindell Road and east of Swindell Road north of Lakeland city limits, in Sections 17 and 20, Township 28 and Range 23; providing for severability; and providing for an effective date. This case was presented with case LDCPAS-2023-2. Robert Beltran committed that he would be more supportive of this case with a height limitation. Rennie Heath in the motion to approve and included a condition of a 50-foot building height maximum. Recommendation of approval will be forwarded to the Board of County Commissioners for transmittal on May 2, 2023, and for adoption on May 16, Page 21 of 24 2023. 23-1893 LDCT-2022-19 (N Frontage Road CT) - Recommendation of approval will be forwarded to the Board of County Commissioners for transmittal on May 2, 2023, and for adoption on May 16, 2023. RESULT: APPROVED MOVER: Rennie Heath SECONDER: David Dalton AYE: Troutman, Heath, Dalton, Beltran, and Addison NAY: Agnini, and Sims Absent: Harper, and Fleming LDCT-2022-23 (On-Street Parking LDC Text Amendment) Minutes: Meeting went into Recess Meeting Reconvened LDCT-2022-23 (On-Street Parking Text Amendment) An ordinance of the Polk County Board of County Commissioners regarding Land Development Code amendment LDCT-2022-23, amending Ordinance No. 00-09, as amended, the Polk County Land Development Code, amending Chapter 7, Section 708, to specify minimum off-street parking requirements for all residential developments of two spaces per unit, excluding garages; amending Chapter 7, Section 709, to allow and provide dimensional standards for on-street parking; providing for severability; and providing for an effective date. Ian Nance, Land Development, introduced the case and reported that a legal advertisement was published in the Lakeland Ledger on February 13, 2023, with no responses. This is a county-initiated request. Ian Nance, Land Development, provided a Power Point presentation with a recommendation of approval. David Dalton asked for clarification of the request. Ian Nance provided an explanation. Erik Peterson stated there was a need for a standard. Madam Chair opened the public hearing. No response. Madam Chair closed the public hearing. Page 22 of 24 Recommendation of approval will be forwarded to the Board of County Commissioners for transmittal on April 4, 2023, and for adoption on April 18, 2023. 23-1792 LDCT-2022-23 (On-Street Parking LDC Text Amendment) - Recommendation of approval will be forwarded to the Board of County Commissioners for transmittal on April 4, 2023, and for adoption on April 18, 2023. RESULT: APPROVED MOVER: Tommy Addison SECONDER: Rennie Heath AYE: Troutman, Heath, Dalton, Beltran, Agnini, Addison, and Sims Absent: Harper, and Fleming LDCT-2022-24 (Internal Sidewalks LDC Text Amendment) Minutes: LDCT-2022-24 (Internal Sidewalks Text Amendment) An ordinance of the Polk County Board of County Commissioners regarding Land Development Code amendment LDCT-2022-24, amending Ordinance No. 00-09, as amended, the Polk County Land Development Code, amending Chapter 7, Section 707, to require sidewalks along development within municipalities with frontage on County roadways; amending Chapter 8, Section 824, to require internal sidewalks within all major subdivisions; providing for severability; and providing for an effective date. Ian Nance, Land Development, introduced the case and reported that a legal advertisement was published in the Lakeland Ledger on February 13, 2023, with no responses. This is a county-initiated request. Rennie Heath made a motion to expedite the case and Robert Beltran seconded the motion and it was approved. Rennie Heath confirmed that this was for private subdivisions. Ian Nance confirmed. David Dalton asked for clarification of the language. Ian Nance provided an explanation. Madam Chair opened the public hearing. No response. Madam Chair closed the public hearing. Page 23 of 24 Recommendation of approval will be forwarded to the Board of County Commissioners for transmittal on April 4, 2023, and for adoption on April 18, 2023. 23-1811 LDCT-2022-24 (Internal Sidewalks LDC Text Amendment) - Recommendation of approval will be forwarded to the Board of County Commissioners for transmittal on April 4, 2023, and for adoption on April 18, 2023. RESULT: APPROVED MOVER: Rennie Heath SECONDER: Angelic Sims AYE: Troutman, Heath, Dalton, Beltran, Agnini, Addison, and Sims Absent: Harper, and Fleming ADJOURNMENT Motion to Adjourn RESULT: APPROVED MOVER: Angelic Sims SECONDER: David Dalton AYE: Troutman, Heath, Dalton, Beltran, Agnini, Addison, and Sims Excused: Harper, and Fleming Page 24 of 24