Planning Commission

Polk County Planning Commission Meeting Minutes - Final July 10, 2024 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 8:50 a.m. by the acting Chair, Robert Beltran, on Wednesday, Wednesday, July 10, 2024, in the County Commission Boardroom, Administration Building. In attendance were the following members: Michael Schmidt, Tommy Addison, Linda Schultz, Brooke Agnini David Dalton, and Adam Bass. Also, present were Elizabeth Voss, Deputy County Attorney, Erik Peterson, Chanda Bennett, Robert Bolton, Jonathan Sims, Aleya Inglima, Mark Bennett, and Ian Nance of Land Development, and Lyndsay Yannone and Margo White, recording secretaries. Chanda Bennett, Land Development, announced case LDCPAL-2024-2 has been continued to August 7, 2024. Call Public Hearing to Order 9:00 a.m. Or as soon thereafter as the particular case may be heard 9:00 a.m. Minutes: The workshop of the Polk County Planning Commission was called to order at 9:00 a.m. by the acting Chair, Robert Beltran, on Wednesday, Wednesday, July 10, 2024, in the County Commission Boardroom, Administration Building. In attendance were the following members: Michael Schmidt, Tommy Addison, Linda Schultz, Brooke Agnini David Dalton, and Adam Bass. Also, present were Elizabeth Voss, Deputy County Attorney, Erik Peterson, Chanda Bennett, Robert Bolton, Jonathan Sims, Aleya Inglima, Mark Bennett, and Ian Nance of Land Development, and Lyndsay Yannone and Margo White, recording secretaries. Chanda Bennett, Land Development, announced case LDCPAL-2024-2 has been continued to August 7, 2024. June 5, 2024, minutes Roll Call / Attendance Approved Secretary David Dalton, Brooke Agnini, Tommy Addison, Linda Schultz, Mike Schmidt, Vice Chair Robert Beltran, and Adam Bass Present Chair Rennie Heath, Angelic Sims, and Mike HickmanExcused Pledge of Allegiance Page 1 of 15 Approve Minutes 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members, a lunch break may be called if the hearing of cases goes beyond 12:00 p.m. 2) Considerations of items to be withdrawn, deferred, or continued. Approved RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Dalton, Agnini, Addison, Schultz, Schmidt, Beltran, and Bass Explanation of General Procedures Voir Dire of Expert Witnesses Approved RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Dalton, Agnini, Addison, Schultz, Schmidt, Beltran, and Bass Staff Resumes Approved Explanation of Quasi-Judicial Proceedings Agenda Item New Business 1. LDCU-2024-20 (NERUSA WWTP Expansion) Minutes: Erik Peterson, applicant, Polk County, owner, are requesting a Conditional Use modification of case #CU 08-16, Polk County’s Northeast Regional Utility Service Area Wastewater Treatment Plant to expand the limits, add second access and more government facilities buildings, and upgrade the facility from 6 MGD to 9 MGD. The property is located in Institutional-2X (INST-X), Business Park Center-1X (BPC-1X), and Regional Activity Center (RACX) Future Land Use districts, Green Swamp Area of Critical State Concern, Ridge Special Protection Area (SPA) and Northridge Selected Area Plan (SAP) on 35.33+/- acres. The subject property is located at 200 Westview Road, west of Homerun Boulevard, west of U.S. Highway 27, north of Sunset View Page 2 of 15 Drive, south of I-4, north of Haines City, Florida, in Section 28, Township 30, Range 28. Ian Nance, Land Development, introduced the case and reported 18 mailers sent to area property owners on June 7, four (4) signs were posted on the property on June 6, 2024, and a legal advertisement was published in the Lakeland Ledger on June 27, 2024. No responses were received. Erik Peterson, Land Development, presented a PowerPoint presentation with a recommendation of approval. Mr. Chair opened the public hearing. No response. Mr. Chair closed the public hearing. Approved RESULT: APPROVED MOVER: Tommy Addison SECONDER: Mike Schmidt AYE: Dalton, Agnini, Addison, Schultz, Schmidt, Beltran, and Bass Excused: Heath, Sims, and Hickman 2. LDCD-2024-3 (New Tampa Highway BPC-2) Minutes: Antartica Cold Lakeland LLC, owner is requesting a Sub-District designation change on 5.92 +/- acres from Business Park Center-1 (BPC-1) to Business Park Center-2 (BPC-2) in the Transit Supportive Development Area (TSDA). The subject property is located at 4815 New Tampa Highway (US-92), west of Galloway Road, east of Kraft Road, north of Old Tampa Highway, south of I-4, north and west of the city of Lakeland, Florida, in Section 20, Township 28, Range 23. , and west of Swindell Road, north of Lakeland, Florida, city limits, in Section 18, Township 28 and Range 23. Ian Nance, Land Development, introduced the case and reported 13 mailers sent to area property owners on June 7, one (1) sign was posted on the property on June 6, 2024, and a legal advertisement was published in the Lakeland Ledger on June 27, 2024. No responses were received. Ian Nance, Land Development, presented a PowerPoint presentation with a recommendation of approval. Andreas, applicant, agrees with staff’s recommendation and spoke briefly regarding the request. Mr. Chair opened the public hearing. No response. Mr. Chair closed the public hearing. Approved Page 3 of 15 RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Dalton, Agnini, Addison, Schultz, Schmidt, Beltran, and Bass 3. LDWA-2024-21 (Garden of Eden Access Waiver) Minutes: Charles Brooker, applicant, Hulbert Home INC, owner, request an Access Via Easement Waiver to allow eight single-family lots on 40.40 +/- acers in the Suburban Development Area (SDA). The subject property is located north of Gary Lane, east of County Road 37-B, south of Sanlan Golf Drive, east and south of Lakeland, Florida, in Section 09, Township 29, Range 24. Ian Nance, Land Development, introduced the case and reported 79 mailers sent to area property owners on June 7, one (1) sign was posted on the property on June 6, 2024, and a legal advertisement was published in the Lakeland Ledger on June 27, 2024. Tow (2) phone calls in opposition and four (4) emails in opposition. Ian Nance, Land Development, presented a PowerPoint presentation with a recommendation of approval. David Dalton asked does this trigger school board. Ian stated he was not sure. Josh is not here today. Mike Schmidt stated that Ian said the traffic was 8. Ian replied yes, the peak PM a lot are 8 for the whole. Overall is 62. Mr. Beltran asked if these lots are going to be on septic, Ian replied yes. Chad Brooker spoke and has nothing to add. Mr. Chair opened the public hearing. No response. Mr. Chair closed the public hearing. Approved RESULT: APPROVED MOVER: David Dalton SECONDER: Linda Schultz AYE: Dalton, Agnini, Schultz, and Beltran NAY: Addison, Schmidt, and Bass Excused: Heath, Sims, and Hickman 4. LDPD-2024-6 (Plumbline Hwy 27 Discount Tire Store) Minutes: Timothy Campbell, applicant, Plumbline Investors LLC, owner, are requesting a Planned Development to exceed the 30% limit of retail/commercial uses allowed throughout the Employment Center-X (ECX) within the North Ridge Selected Area Plan (SAP) on 2.91 #/- acres. The subject property is located south of Minute Maid Ramp Road 1, east of Highway Page 4 of 15 27, west of Belvoir Drive, north of Crescent Road, east of the city of Haines City, Florida, in Section 20, Township 26, Range 27. Ian Nance, Land Development, introduced the case and reported 30 mailers sent to area property owners on June 7, three (3) signs were posted on the property on June 25, 2024, and a legal advertisement was published in the Lakeland Ledger on June 27, 2024. No responses were received. Malissa Celestine, Land Development, presented a PowerPoint presentation with a recommendation of approval. Tommy Addison asked what they were approving today. Malissa, replied she included the entire parcel. Mr. Beltran asked to clarify, we are approving for the whole site. Malissa, replied yes. Tim Campbell spoke agreed with staff Mr. Chair opened the public hearing. No response. Mr. Chair closed the public hearing. Approved RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Dalton, Agnini, Addison, Schultz, Schmidt, Beltran, and Bass 5. LDCU-2024-12 (Spirit Lake Rd CU) Minutes: Charles Brooker, applicant, Spirit Lake Land Trust 2022, are requesting a Conditional Use for 35 townhome units in a Residential Low-1 (RL-1) Future Land Use district and Transit Supportive Development Area (TSDA) on 5+/- acres. The subject property is located west of Spirit Lake Road, east of Kaley Drive, north of Thornhill Road, south of Live Oak Drive, north and east of the city of Bartow, Florida, in Section 02, Township 29, Range 25 Ian Nance, Land Development, introduced the case and reported 120 mailers sent to area property owners on June 7, two (2) signs were posted on the property on June 6, 2024, and a legal advertisement was published in the Lakeland Ledger on June 27, 2024. No responses were received. Aleya Inglima, Land Development, presented a PowerPoint presentation with a recommendation of approval. Chad Brooker, spoke and had nothing to add and agreed with staff. Mr. Chair opened the public hearing. No response. Page 5 of 15 Mr. Chair closed the public hearing. Approved RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Dalton, Agnini, Addison, Schultz, Schmidt, Beltran, and Bass 6. LDCPAS-2024-4 (Winter Lake Road RH CPA) Minutes: Sarah Case, Next Level Planning and Permitting, applicant and Wilson Irrevocable Family Trust, owner are requesting a Small Scale Comprehensive Plan map amendment from Residential Low 2 (RL-2) to Residential High (RH) on 7.18 +/-acres in the Urban Growth Area (UGA). The site is located at South of State Road 540, west of State Road 655, north of State Road 555 (US Highway 17), east of Spirit Lake Road, and north of the city of Winter Haven, Florida in Section 36, Township 28, Range 25. Chanda Bennett, Land Development, introduced the case and reported 66 mailers sent to area property owners on June 7, two (2) signs were posted on the property on June 6, 2024, and a legal advertisement was published in the Lakeland Ledger on June 27, 2024. One (1) email and four (4) phone calls in opposition were received. Jonathan Sims, Land Development, presented a PowerPoint presentation with a recommendation of approval. Sarah Case spoke for the owner and developer. Sarah stated the access has not been determined yet they will have to go to DOT. Tommy Addison asked if the preschool and nursey stay there and Sarah respond, no. Mr. Chair opened the public hearing. Katie Hayes spoke and stated that the compatibly is not compatible. Only single-family homes in the area. Already have issues pulling out onto Spirit Lake Rd. Can only turn right due to a median built. Mike Schmidt asked Katie Hays about the schools. Katie responds she is not in agreeance. Jody Jackson is in agreeance with Katie. Emergency vehicles in and out with the assisted living close by. Chase Varner spoke and stated he is against this project. There are 2 (two) churches near by and that causes more traffic on church times. David McCartney spoke, owner of ABC tutoring, there are four (4) business on that site. Traffic is a huge issue. Leland Cole spoke against this project and stated emergency vehicles are there two (2) or three (3) times a week. Pamela Jackson spoke how privacy would be gone. Linda McCartney spoke, co-owner of ABC torturing, stated she can not find new building to Page 6 of 15 keep helping her students if this is approved. Sarah Case spoke and answered some concerns. Mike Schmidt spoke on the school issues. Elizabeth Voss talked about school concurrency and inner local agreements. Also, the business on property is a private matter. Mr. Beltran asked about the concern with traffic and access and if that would be talked about at Level 2. Sarah stated yes that is correct. Mr. Chair closed the public hearing. Denied RESULT: DENIED MOVER: Adam Bass SECONDER: Tommy Addison AYE: Dalton, and Beltran NAY: Agnini, Addison, Schmidt, and Bass Excused: Heath, Sims, and Hickman Abstain: Schultz 7. LDCPAS-2023-29 (Grove Avenue CPA) Minutes: An ordinance of the Polk County Board of County Commissioners regarding the adoption of LDCPAS-2023-29, an amendment to the Polk County Comprehensive Plan, Ordinance 92-36, as amended, to change the Future Land Use Map designation on 10.76 +/- acres from Residential Suburban (RSX) to Residential Low (RLX), and from Suburban Development Area (SDA) to Urban Growth Area (UGA) located south of State Road 60, west of Hunt Brothers Road, east and north of County Road 17B, surrounded by the city limits of Lake Wales, in Section 07, Township 30 Range 28; providing for severability; and providing for an effective date. Chanda Bennett, Land Development, introduced the case and reported 25 mailers sent to area property owners on June 7, five (5) signs were posted on the property on June 6, 2024, and a legal advertisement was published in the Lakeland Ledger on June 27, 2024. No responses were received. Ian Nance, Land Development, presented a PowerPoint presentation with a recommendation of approval. Adam Bass asked why not annex. Robert Walker spoke and agreed with staff. Adam asked why not annex. Applicant stated for simplicity. Mr. Chair opened the public hearing. No response. Page 7 of 15 Mr. Chair closed the public hearing. Approved RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Dalton, Agnini, Addison, Schultz, Schmidt, Beltran, and Bass 8. LDCPAL-2023-10 (Alderman Rd BPC CPA) Minutes: An Ordinance of the Polk county board of county commissioners regarding the adoption of LDCPAL-2023-10, an amendment to the Polk County Comprehensive Plan, Ordinance 92-36, as amended, to change the Future Land Use designation on a total of 101.0± acres, of which 60.5± acres from Residential Low (RL) in the Transit Supportive Development Area (TSDA), and 40.5± acres from Agricultural/Residential Rural (A/RR) in the Rural Development Area (RDA) to Business Park Center (BPC) in the Transit Supportive Development Area (TSDA) and Rural Development Area (RDA). The subject property is located on the north side of Swindell Road, east of N. Alderman Rd., south of Musket Drive, and west of Swindell Road, north of Lakeland city limits, in Section 18, Township 28 and Range 23; providing for severability; and providing for an effective date. Chanda Bennett, Land Development, introduced the case and reported 248 mailers sent to area property owners on May 7, six (6) signs were posted on the property on May 20, 2024, and a legal advertisement was published in the Lakeland Ledger on June 27, 2024. Thirteen (13) emails, two (2) letters, two (2) phone calls in opposition, and fifteen (15) emails for support Robert Bolton, Land Development, presented a PowerPoint presentation with a recommendation of approval. Mr. Chair opened the public hearing. Bart Allen, Esq., Peterson & Myers, representing the owner, and introduced Mr. Sanjay (can’t get last name), applicant, Diane Chadwick, principal planner for Stantec Consulting Services, Mark Wilson and Justin Hamm, Kimley-Horn, as expert witnesses and presented their resumes. Motion by David Dalton, seconded by Tommy Addison and unanimously approved as expert witnesses. Mr. Allen presented a PowerPoint presentation. He spoke regarding his case and stated they have meet numerous times with staff, numerous community meetings. He stated a lot has gone into preparing the site plan, conditions and restrictions. He stated only 65 acres of the 166 total acres would be developed, due to restrictions, landscape buffers, there is also of growth west of County Line Road and south of I-4 corridor. He also stated this request would limit impact of the roads, won’t be putting trucks on Alderman Road verses single family/multifamily subdivisions, which is allowed on this site. A Planned Development might be required for lot size or setback. Diane Chadwick, spoke on Comprehensive Plan policy, availability of utilities through the city of Lakeland, setting aside land for open space, wetland preservation, stormwater facilities and floodplain compensation areas. She also spoke regarding existing and future industrial areas. It will create employment opportunities. She spoke regarding the landscape buffer height and fencing, setbacks, hours of operation, restriction for refrigeration trucks and the existing dwelling unit to remain. Mr. Beltran asked the building height on the cross section. Ms. Chadwick stated 60 feet high. Mr. Bass asked for clarification on the height. Mr. Schmidt stated if there is a 70-foot setback the building cannot be 60 feet high. Ms. Chadwick stated she will get clarification. Page 8 of 15 Mark Wilson spoke regarding floodplain and drainage. He stated they will meet the 25 and 100-year event when going through the Level 2. Mr. Schmidt asked how much impervious area is being created? Mr. Wilson stated less than 30 acres. Mr. Addison asked about improvements and right-of-way on Swindell Road. Mr. Wilson stated they have dedicated right-of-way and will make improvements on Swindell Road for access. He stated the development on the Hillsborough County side will be making improvements at the intersection and will piggy-back with them on the improvements. Mr. Schmidt asked about traffic in and out flow? Mr. Wilson stated there should be no access on Alderman Road only on Swindell, going east or west. Mr. Allen stated on the traffic study it generates 4100 trips per day for the project. Mr. Beltran asked what the date for the flood study being uses? Mark Wilson stated it’s the study from the water management district from 2011or 2012. He stated they are not doing in model units. Mr. Allen presented the Environmental report. Mr. Wilson stated it will be around 400 peak hour trips. Mr. Allen spoke on the development to the south which is a 20-acre conservation easement which will be wetlands/stormwater ponds. Mr. Allen stated it is compatible with the area and hopes for a favorable vote. Mr. Leonard, president of the homeowner’s association, spoke in opposition and stated you can get an expert or statistics to say anything. This project is not compatible. It is surrounded by three sides of residential. Mr. Clayton spoke in opposition, quality of air and plants. Ms. Elisa, spoke in support and stated she would rather have controlled traffic verses residential with 1200 +/- people with two plus cars each. Linda Swindell spoke in support and the warehouses does not affect her and prefers warehouses over residential with less traffic. Rocelle McKinnen spoke in support and approves warehouses over residential. Jenny Figit spoke in opposition and stated it is not compatible and she has flooding issues and messing with the wetlands will impact her. Mr. David spoke in opposition and is surrounded on three sizes. The project is not compatible. Already has drainage problems, traffic issues. Mr. Craig spoke in opposition and stated the zoning should remain as when you buy it, increased traffic, not compatible with the area. Ms. Benton, spoke in opposition and stated the flooding problems and not compatible with the area. Page 9 of 15 Mr. Wilson spoke in support and stated that the diesel trucks would not affect air quality or plants. Would prefer commercial over residential. Mr. Fisher spoke in opposition and stated this is a residential area, traffic increase and flooding. Mr. Mets spoke in opposition and stated it is a nice site plan but in the wrong area and questioned what is the “Comprehensive Plan” for the area and landowners are concerned about what will happen to their land. Bob Reaser spoke for the case. Lanay Latrell presented with a sideshow showing and speaking how this is not compatible for the surrounding areas. Also, the wildlife would be hurt. Swift Mud has yet to finish their study. Keith Knight, property owner spoke how this is what is best for his family who has owned this land for over 100 years. Cara Knight, property owner spoke how this is what is best for their family. Mr. Wilson spoke on some concerns and replied on some comments. Mr. Allen spoke on some comments made from the public. Mr. Chair closed the public hearing. Denied RESULT: DENIED MOVER: David Dalton SECONDER: Mike Schmidt AYE: Dalton, Agnini, Schmidt, Beltran, and Bass NAY: Addison, and Schultz Excused: Heath, Sims, and Hickman 9. LDCD-2023-13 (Alderman BPC-1 to BPC-2) Minutes: An ordinance of the Polk County Board of County Commissioners regarding the adoption of LDCD-2023-13, an amendment to the Polk County Land Development Code Sub-District Map (Ordinance 01-69), as amended; amending the Sub-District Map to change 67.0± acres from Business Park Center-1 (BPC-1) to Business Park Center-2 (BPC-2), located on the north side of Swindell Road, east of N. Alderman Rd., south of Musket Drive, and west of Swindell Road, north of Lakeland city limits, in Section 18, Township 28 and Range 23; providing for severability; and providing for an effective date. Chanda Bennett, Land Development, introduced the case and reported 248 mailers sent to area property owners on May 7, six (6) signs were posted on the property on May 20, 2024, and a legal advertisement was published in the Lakeland Ledger on June 27, 2024. Thirteen (13) emails, two (2) letters, two (2) phone calls in opposition, and fifteen (15) emails for support Robert Bolton, Land Development, presented a PowerPoint presentation with a recommendation of approval. Mr. Chair opened the public hearing. Page 10 of 15 Bart Allen, Esq., Peterson & Myers, representing the owner, and introduced Mr. Sanjay (can’t get last name), applicant, Diane Chadwick, principal planner for Stantec Consulting Services, Mark Wilson and Justin Hamm, Kimley-Horn, as expert witnesses and presented their resumes. Motion by David Dalton, seconded by Tommy Addison and unanimously approved as expert witnesses. Mr. Allen presented a PowerPoint presentation. He spoke regarding his case and stated they have meet numerous times with staff, numerous community meetings. He stated a lot has gone into preparing the site plan, conditions and restrictions. He stated only 65 acres of the 166 total acres would be developed, due to restrictions, landscape buffers, there is also of growth west of County Line Road and south of I-4 corridor. He also stated this request would limit impact of the roads, won’t be putting trucks on Alderman Road verses single family/multifamily subdivisions, which is allowed on this site. A Planned Development might be required for lot size or setback. Diane Chadwick, spoke on Comprehensive Plan policy, availability of utilities through the city of Lakeland, setting aside land for open space, wetland preservation, stormwater facilities and floodplain compensation areas. She also spoke regarding existing and future industrial areas. It will create employment opportunities. She spoke regarding the landscape buffer height and fencing, setbacks, hours of operation, restriction for refrigeration trucks and the existing dwelling unit to remain. Mr. Beltran asked the building height on the cross section. Ms. Chadwick stated 60 feet high. Mr. Bass asked for clarification on the height. Mr. Schmidt stated if there is a 70-foot setback the building cannot be 60 feet high. Ms. Chadwick stated she will get clarification. Mark Wilson spoke regarding floodplain and drainage. He stated they will meet the 25 and 100-year event when going through the Level 2. Mr. Schmidt asked how much impervious area is being created? Mr. Wilson stated less than 30 acres. Mr. Addison asked about improvements and right-of-way on Swindell Road. Mr. Wilson stated they have dedicated right-of-way and will make improvements on Swindell Road for access. He stated the development on the Hillsborough County side will be making improvements at the intersection and will piggy-back with them on the improvements. Mr. Schmidt asked about traffic in and out flow? Mr. Wilson stated there should be no access on Alderman Road only on Swindell, going east or west. Mr. Allen stated on the traffic study it generates 4100 trips per day for the project. Mr. Beltran asked what the date for the flood study being uses? Mark Wilson stated it’s the study from the water management district from 2011or 2012. He stated they are not doing in model units. Mr. Allen presented the Environmental report. Mr. Wilson stated it will be around 400 peak hour trips. Mr. Allen spoke on the development to the south which is a 20-acre conservation easement which will be wetlands/stormwater ponds. Mr. Allen stated it is compatible with the area and hopes for a favorable vote. Mr. Leonard, president of the homeowner’s association, spoke in opposition and stated you can get an expert or statistics to say anything. This project is not compatible. It is surrounded by three sides of residential. Page 11 of 15 Mr. Clayton spoke in opposition, quality of air and plants. Ms. Elisa, spoke in support and stated she would rather have controlled traffic verses residential with 1200 +/- people with two plus cars each. Linda Swindell spoke in support and the warehouses does not affect her and prefers warehouses over residential with less traffic. Rocelle McKinnen spoke in support and approves warehouses over residential. Jenny Figit spoke in opposition and stated it is not compatible and she has flooding issues and messing with the wetlands will impact her. Mr. David spoke in opposition and is surrounded on three sizes. The project is not compatible. Already has drainage problems, traffic issues. Mr. Craig spoke in opposition and stated the zoning should remain as when you buy it, increased traffic, not compatible with the area. Ms. Benton, spoke in opposition and stated the flooding problems and not compatible with the area. Mr. Wilson spoke in support and stated that the diesel trucks would not affect air quality or plants. Would prefer commercial over residential. Mr. Fisher spoke in opposition and stated this is a residential area, traffic increase and flooding. Mr. Mets spoke in opposition and stated it is a nice site plan but in the wrong area and questioned what is the “Comprehensive Plan” for the area and landowners are concerned about what will happen to their land. Bob Reaser spoke for the case. Lanay Latrell presented with a sideshow showing and speaking how this is not compatible for the surrounding areas. Also, the wildlife would be hurt. Swift Mud has yet to finish their study. Keith Knight, property owner spoke how this is what is best for his family who has owned this land for over 100 years. Cara Knight, property owner spoke how this is what is best for their family. Mr. Wilson spoke on some concerns and replied on some comments. Mr. Allen spoke on some comments made from the public. Mr. Chair closed the public hearing. Denied RESULT: DENIED MOVER: David Dalton SECONDER: Adam Bass AYE: Dalton, Agnini, Schmidt, Beltran, and Bass NAY: Addison, and Schultz Page 12 of 15 Excused: Heath, Sims, and Hickman 10. LDCT-2023-23 (Alderman Rd LDC Text Amendment) Minutes: An ordinance of the Polk County Board of County Commissioners regarding Land Development Code amendment LDCT-2023-23, amending Ordinance No. 00-09, as amended, the Polk County Land Development Code, to amend Appendix 2.135 and a Land Development Code text amendment to add Conditions for development; providing for severability; and providing for an effective date. Chanda Bennett, Land Development, introduced the case and reported 248 mailers sent to area property owners on May 7, six (6) signs were posted on the property on May 20, 2024, and a legal advertisement was published in the Lakeland Ledger on June 27, 2024. Thirteen (13) emails, two (2) letters, two (2) phone calls in opposition, and fifteen (15) emails for support Robert Bolton, Land Development, presented a PowerPoint presentation with a recommendation of approval. Mr. Chair opened the public hearing. Bart Allen, Esq., Peterson & Myers, representing the owner, and introduced Mr. Sanjay (can’t get last name), applicant, Diane Chadwick, principal planner for Stantec Consulting Services, Mark Wilson and Justin Hamm, Kimley-Horn, as expert witnesses and presented their resumes. Motion by David Dalton, seconded by Tommy Addison and unanimously approved as expert witnesses. Mr. Allen presented a PowerPoint presentation. He spoke regarding his case and stated they have meet numerous times with staff, numerous community meetings. He stated a lot has gone into preparing the site plan, conditions and restrictions. He stated only 65 acres of the 166 total acres would be developed, due to restrictions, landscape buffers, there is also of growth west of County Line Road and south of I-4 corridor. He also stated this request would limit impact of the roads, won’t be putting trucks on Alderman Road verses single family/multifamily subdivisions, which is allowed on this site. A Planned Development might be required for lot size or setback. Diane Chadwick, spoke on Comprehensive Plan policy, availability of utilities through the city of Lakeland, setting aside land for open space, wetland preservation, stormwater facilities and floodplain compensation areas. She also spoke regarding existing and future industrial areas. It will create employment opportunities. She spoke regarding the landscape buffer height and fencing, setbacks, hours of operation, restriction for refrigeration trucks and the existing dwelling unit to remain. Mr. Beltran asked the building height on the cross section. Ms. Chadwick stated 60 feet high. Mr. Bass asked for clarification on the height. Mr. Schmidt stated if there is a 70-foot setback the building cannot be 60 feet high. Ms. Chadwick stated she will get clarification. Mark Wilson spoke regarding floodplain and drainage. He stated they will meet the 25 and 100-year event when going through the Level 2. Mr. Schmidt asked how much impervious area is being created? Mr. Wilson stated less than 30 acres. Mr. Addison asked about improvements and right-of-way on Swindell Road. Mr. Wilson stated they have dedicated right-of-way and will make improvements on Swindell Road for access. He stated the development on the Hillsborough County side will be making improvements at the intersection and will piggy-back with them on the improvements. Mr. Schmidt asked about traffic in and out flow? Mr. Wilson stated there should be no access Page 13 of 15 on Alderman Road only on Swindell, going east or west. Mr. Allen stated on the traffic study it generates 4100 trips per day for the project. Mr. Beltran asked what the date for the flood study being uses? Mark Wilson stated it’s the study from the water management district from 2011or 2012. He stated they are not doing in model units. Mr. Allen presented the Environmental report. Mr. Wilson stated it will be around 400 peak hour trips. Mr. Allen spoke on the development to the south which is a 20-acre conservation easement which will be wetlands/stormwater ponds. Mr. Allen stated it is compatible with the area and hopes for a favorable vote. Mr. Leonard, president of the homeowner’s association, spoke in opposition and stated you can get an expert or statistics to say anything. This project is not compatible. It is surrounded by three sides of residential. Mr. Clayton spoke in opposition, quality of air and plants. Ms. Elisa, spoke in support and stated she would rather have controlled traffic verses residential with 1200 +/- people with two plus cars each. Linda Swindell spoke in support and the warehouses does not affect her and prefers warehouses over residential with less traffic. Rocelle McKinnen spoke in support and approves warehouses over residential. Jenny Figit spoke in opposition and stated it is not compatible and she has flooding issues and messing with the wetlands will impact her. Mr. David spoke in opposition and is surrounded on three sizes. The project is not compatible. Already has drainage problems, traffic issues. Mr. Craig spoke in opposition and stated the zoning should remain as when you buy it, increased traffic, not compatible with the area. Ms. Benton, spoke in opposition and stated the flooding problems and not compatible with the area. Mr. Wilson spoke in support and stated that the diesel trucks would not affect air quality or plants. Would prefer commercial over residential. Mr. Fisher spoke in opposition and stated this is a residential area, traffic increase and flooding. Mr. Mets spoke in opposition and stated it is a nice site plan but in the wrong area and questioned what is the “Comprehensive Plan” for the area and landowners are concerned about what will happen to their land. Bob Reaser spoke for the case. Lanay Latrell presented with a sideshow showing and speaking how this is not compatible for the surrounding areas. Also, the wildlife would be hurt. Swift Mud has yet to finish their study. Page 14 of 15 Keith Knight, property owner spoke how this is what is best for his family who has owned this land for over 100 years. Cara Knight, property owner spoke how this is what is best for their family. Mr. Wilson spoke on some concerns and replied on some comments. Mr. Allen spoke on some comments made from the public. Mr. Chair closed the public hearing. Denied RESULT: DENIED MOVER: David Dalton SECONDER: Adam Bass AYE: Dalton, Agnini, Schmidt, Beltran, and Bass NAY: Addison, and Schultz 11. LDCT-2024-11 (Chapter 9 LDC Text Amendment) Continued RESULT: CONTINUED MOVER: Robert Beltran SECONDER: Tommy Addison AYE: Dalton, Agnini, Addison, Schultz, Schmidt, Beltran, and Bass Adjournment Minutes: Meeting went into Recess Approved RESULT: APPROVED MOVER: David Dalton SECONDER: AYE: Dalton, Agnini, Addison, Schultz, Schmidt, Beltran, and Bass Page 15 of 15