Board of County Commissioners

Polk County Board of County Commissioners Meeting Minutes - Final August 22, 2023 Regular BoCC meeting In accordance with the American with Disabilities Act, persons with disabilities needing special accommodations to participate in this proceeding should contact the Communications Office not later than 48 hours prior to the proceeding. Their office is located in the County Administration Building, 330 West Church Street in Bartow. Telephone (863) 534-6090 or TTY (863) 534-7777. If hearing impaired dial 7-1-1 for Florida Relay services or call (800) 955-8771 (TTY); dial (800) 955-1339 if you are using a computer. Any invocation that may be offered before the official start of the Commission meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Commission. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Commission, and the Commission is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. If a person decides to appeal any decision made by the board with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CALL TO ORDER - 9:00 a.m. (GEORGE LINDSEY, CHAIR) INVOCATION Murphy Hanley, Polk County Fire Rescue Chaplain PLEDGE OF ALLEGIANCE (GEORGE LINDSEY, CHAIR) A. PRESENTATIONS and RECOGNITIONS B. CEREMONIAL PROCLAMATIONS C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD C.2. Comments. Minutes: Jeff Mann addressed the Board concerning septic disposal; he said this issue has been going on for 20 years. He said BS Ranch will be ceasing and desisting on October 20, 2023, leaving nowhere to dispose of septic waste. He discussed the high number of septic tanks in the county. He said he came to the Board 2 years ago with a proposition to spend $10 million to build a private plant to handle all septic waste. He said Bill Gates is now involved in building these plants on the west coast. He said there is still an offer to build a plant in Polk County either privately or with a public partnership. He discussed the Board's Solid Waste Ordinance and said they need to revisit this ordinance because it shuts down everything. He said they can build this and have it up and running within 6 months. He said they need help from the county to get a facility built. He said Mr. Beasley said it will be two years before the county is ready; Page 1 of 20 he said he can have a plant up and running within 7 months. He said they need an alternative in the interim; he said they cannot tell citizens that they cannot get their tanks pumped. He said this is more than 3 minutes conversation. He said nobody ever wanted BS Ranch in the industry; he said everyone complains about going out there . He said he has no problem with them getting shutdown. He said he has been turned down every time he has requested to do anything. Chair Lindsey discussed a previous meeting that was held to discuss this issue. He said they started working on a plan where haulers could take their waste to wastewater plants associated with the county. He said he had no idea it would take this long to get where they are now. He discussed the process. He said taking two years to do this is news to him. He said he thought they were on the verge of having a solution. Mr. Mann said his plants are designed just for this issue. He said they have the technology to handle this product under DEP codes. He discussed his conversations with Steve Thompson, formerly with DEP, and said he would be willing to work as a consultant with the county. He said they do not want to build another Fort Meade plant or BS Ranch. Chair Lindsey said this Board is here to find a solution. He said they will do what they can to expedite a remedy. He said if Mr. Mann's alternative is a viable alternative they will put it on the table for staff discussions. He said this is a priority. Commissioner Combee said he was trying to build a facility like this 20-30 years ago. He said he felt like the county had an obligation due to the number septic tanks in the county. He said every member of this Board wants to get this done sooner rather than later. He said two years is unacceptable and if the county cannot accomplish it before two years they need to look into a stand alone facility in the county. He said they need to know what progress has been made. County Manager Bill Beasley discussed the meeting with haulers held 10 years ago and said they did not want the county involved in the septic receiving business. He said two years ago the septic haulers started to feel that the county would be a good business partner. He said county staff knows more about septic waste than they have ever known as a result of the Board giving the direction to find balance with creating a septic receiving facility. He discussed the ARP funds received to build a facility. He said it is not as easy given the location of the big plants, the surrounding residential communities, and truck access through the residential communities. He said they may have a short-term solution that lends itself down the road to a longer solution and they will have a presentation within the next two weeks for the Board. Chair Lindsey said they need to expedite this process. He said they need to invite the industry to be there at the presentation. Mr. Mann said the county is going to have major issues if they do not come up with an emergency solution before October 20th. Stacy Campbell-Domineck, CareerSource Polk, said she is here to thank Chair Lindsey. She said they are one of 24 workforce boards in the State of Florida. She said Page 2 of 20 over the last several legislative sessions there was discussion concerning merging workforce boards. She said CareerSource Polk has been serving this community since 1996; she gave background information on its history. She said Chair Lindsey has engaged state leaders and other commissioners across the board to speak on behalf of the workforce system in the county and its uniqueness. She thanked him for his commitment to serving the members of this community and ensuring this workforce system works for what this county needs. She said on behalf of CareerSource Board of Directors they recognize Chair Lindsey as the Work CareerSource Polk Workforce Champion and will be presenting him with this award at their annual meeting. She said she wanted to come here and say thank you again for his leadership, compassion, and contribution to the workforce in Polk County. Chair Lindsey said it is his privilege. He said he did not know she was going to do that. He thanked Ms. Domineck and her team; he said they do a great job for Polk County. D. APPROVE CONSENT AGENDA D.1. Approve Consent Agenda. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) E.1. Disbursements. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson E.2. Minutes of Regular Board meeting held on August 8, 2023. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H. COUNTY MANAGER (BILL BEASLEY) H.1. Approve the amended contract with United Way of Central Florida, Inc. to continue solicitation and administration of a community wellness initiative and provide Navigator services. (total amount not to exceed $10,040,000 annually - Year 1 and $10,160,000 annually - Year 2 and thereafter) Page 3 of 20 Minutes: County Manager Bill Beasley discussed the amended contract with United Way of Central Florida, Inc., to continue solicitation and administration of a community wellness initiative and provide Navigator services. He recommend approval. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H.2. Request Board approve 1) construction contract with Trias Construction LLC for the Moore Road Fire Rescue Station project. ($6,124,326.00 one-time expense). 2) CIP budget amendment and budget transfer in the amount of $1,491,463. Minutes: County Manager Bill Beasley discussed the construction contract with Trias Construction LLC, for the Moore Road Fire Rescue Station project and CIP budget amendment and budget transfer in the amount of $1,491,463. He recommended approval. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H.3. Request Board approve 1) construction contract with Whitehead Construction for the Masterpiece Road Fire Rescue Station project. ($5,007,664.00 one-time expense). 2) CIP amendment and budget transfer in the amount of $128,585. Minutes: County Manger Bill Beasley reviewed the construction contract with Whitehead Construction for the Masterpiece Road Fire Rescue Station project and CIP budget amendment and budget transfer in the amount of $128,585. He recommend approval. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H.4. Request Board approve construction contract with Henkelman Construction, Inc. for the Eaton Park Fire Rescue Station project. ($4,201,712.00 one-time expense). Minutes: County Manager Bill Beasley discussed the construction contract with Henkelman Construction, Inc., for the Eaton Park Fire Rescue Station project. He recommended approval. Upon question, Mr. Beasley said this station will be the 8th station constructed out of the proposed 12-13 stations. RESULT: APPROVED Page 4 of 20 MOVER: Neil Combee SECONDER: Rick Wilson AYE: Lindsey, Braswell, Combee, Santiago, and Wilson H.5. Approve a Right-of-Way Agreement between Polk County and Ladon J. Jones III in conjunction with the Thompson Nursery Road Phase 1 [Segment 2] Project. ($3,520,000 one-time expense) Minutes: County Manager Bill Beasley reviewed the Right-of-Way Agreement between Polk County and Ladon J. Jones III, in conjunction with the Thompson Nursery Road Phase 1 (Segment 2) project. He recommended approval. RESULT: APPROVED MOVER: Neil Combee SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, Santiago, and Wilson I. COMMISSIONER DISTRICT 2 (RICK WILSON) I.1. Commissioner Wilson Comments. Minutes: Commissioner Wilson had no comments at this time. J. COMMISSIONER DISTRICT 3 (BILL BRASWELL) J.1. Commissioner Braswell Comments. Minutes: Commissioner Braswell discussed the Resource and Recycling convention he attended. He said the county's move to do away with recycling was the right move. He said the bottom line is there is no way to fix the recycling situation. He discussed the different presentations given but said the end result is that 90% of the materials went back to the landfills. He said some of the surrounding counties are paying up to $150 per ton to haul the recycling to another county to find out that most of it is being rejected. He said they do not have a solution. He said the only materials in the recycling stream that is wanted is metal, cardboard, and paper. He discussed the reduction of paper and cardboard materials. He said the reason for the recycling issue is China quit accepting everyone's garbage. He said most materials will be sent to the landfill. He said Orange County has 10-15 years left at their landfill. He said Polk County has approximately 100 years remaining. He discussed the concept of mining of the landfills; he said the larger counties are leaning into this concept. He said Polk County is in a good position. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) K.1. Commissioner Santiago Comments. Minutes: Commissioner Santiago said this is good information that Commissioner Braswell is sharing. She said this is probably the reality of the story they have been Page 5 of 20 discussing. She said the information that is shared with the public is totally different. She said they need to rethink the message that is sent to the citizens. She said the public is asking why we are not recycling when everyone in the west part of the country is. Commissioner Braswell said there was a seminar concerning communication he sat through and said the bottom line is good luck. He said people hear what they want to hear. L. COMMISSIONER DISTRICT 5 (NEIL COMBEE) L.1. Commissioner Combee Comments. Minutes: Commissioner Combee said they need to start looking into the septic situation. He said he understands all the issues stated by Mr. Beasley. He said there comes a point where we need to accept reality whether it pertains to recycling or septic treatment. He said they may need to come up with a different plan. He said they have not made progress concerning septic waste. He said they need to do something soon and find a way to deal with this. He said they are not doing anyone any favors by kicking the can down the road. Commissioner Braswell said he would be curious where one of these package stations could be located. Commissioner Combee said there was a site someone was trying to acquire but they needed to make sure they could get the land use. He said because of the county's ordinance they could not do it without changing the ordinance. Commissioner Braswell said it is not the county's side he does not understand; he said he would like to see one of the facilities working. Commissioner Wilson said the county has created a little bit of a problem; he said just because someone says something they do not need to allow them to jump in and build a plant. He said they need to look into this hard before they do something. He said BS Ranch is not the only facility in the central Florida. He discussed the process and said they still have an avenue to do it. He said they can still treat their own septic and put it onsite. He said that has not been stopped completely. He said these plants make a lot of money, especially BS Ranch. He said they bring in the waste, get paid for it, and then never do anything with the waste. He said there is more to this than everyone thinks and they need to keep an open mind. M. COMMISSIONER DISTRICT 1 (GEORGE LINDSEY, CHAIR) M.1. Chair Lindsey Comments. Minutes: Chair Lindsey said they need to schedule a work session on this at the earliest opportunity. He said he is a little disappointed that they had this conversation two years ago; he said they were going to modify existing plants and move in that direction. He said at the last minute they learned that they can accommodate the Page 6 of 20 physical elements of it, but there are social elements they need to overcome. He said they need to put all the options on the table and expedite a solution. Commissioner Wilson said there are certain guidelines they have to go by. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 Minutes: County Attorney Randy Mink reminded the audience of procedures for public hearings and expedited hearings. He swore in those that plan to speak. C.1. Hercules Betts of Loughman to discuss 1) traffic/speed control on Old Tampa Hwy 2) the dumping of debris/trash around the cemetery 3) US 17/92 - proposal for businesses to park their semi-trucks in the community Minutes: Hercules Betts addressed the Board and discussed the growth in the Loughman area. He discussed the speeding issues on Old Tampa Highway. He said people are using the cemetery to dump their yard waste and they have no control over it. He said they contacted the county and they put up no dumping signs, but they threw garbage on the signs. He said they don't have the resources to control it. He discussed the semi truck parking along US 17 and Parker Road and other areas. He said they need help with these issues. He said they are the last outlet in Polk County before you get to Osceola County. He thanked the Board and said he would talk to anyone after the meeting for help. Chair Lindsey said there is an AG Deputy present to speak with him about the illegal dumping in the cemetery. He said they will also put him in contact with someone concerning the traffic issues. He also directed him to speak with Planning and Development Director John Bohde. O.1. Public Hearing (LDCU-2023-13/Reunion Self-Storage) (Adoption Hearing) to consider the Conditional Use approval of a Self-Storage Facility in a Community Activity Center (CACX) land use district in the Ronald Reagan Selected Area Plan (SAP). No Fiscal Impact. Minutes: Land Development Director Ben Ziskal showed slides and discussed the proposed conditional use approval of a Self-Storage Facility in a Community Activity Center (CACX) land use district in the Ronald Regan Selected Area Plan (SAP). He said staff and the Planning Commission recommend approval. Chair Lindsey opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.2. Public Hearing (LDCU-2023-17/Gerties Road Duplex) (Adoption Hearing) to consider Conditional Use (CU) approval for recognition of a former legal non-conforming property as an extended rights parcel to locate two duplexes (four dwelling units) within a Residential Low-1 (RL-1) land use district. No Fiscal Impact. Page 7 of 20 Minutes: Land Development Director Ben Ziskal showed slides and discussed the proposed conditional use approval to allow for two duplexes on the subject site. He said staff and the Planning Commission recommend approval. Chair Lindsey opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Rick Wilson SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.3. Public Hearing (LDPD-2023-10/Swiss Valley MHP Mod) (Adoption Hearing) to consider approval of a modification to LDPD-2020-29 to add eleven lots into an approved Mobile Home Park. No Fiscal Impact Minutes: Land Development Director Ben Ziskal showed slides and discussed the proposed modification to add 11 lots to an existing mobile home park. He said staff and the Planning Commission recommend approval. Upon question, Mr. Ziskal confirmed the mobile home park acquired another piece of property. Chair Lindsey opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson O.4. Public Hearing (LDCT-2023-10 ECX Car Wash) (First Reading) to consider the adoption of an applicant-initiated Land Development Code text amendment. Minutes: Land Development Director Ben Ziskal showed slides and discussed the proposed text amendment. He said this is the first reading today and no Board action is required. Chair Lindsey opened a public hearing; no one spoke. P. PUBLIC HEARINGS P.1. Public Hearing to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption to an expanding business, Publix Super Markets, Inc., and approval of a Performance Agreement with the company. Minutes: Deputy County Attorney Sandy Howard discussed the proposed ordinance granting an Economic Development Ad Valorem Tax Exemption for an expansion of Publix Super Markets, Inc., and requested approval of the Performance Agreement. Chair Lindsey opened a public hearing; no one spoke. Page 8 of 20 RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.2. Economic Development Impact Fee Mitigation Agreement with Publix Super Markets, Inc. (estimated $65,362.50 impact fee revenue loss) Minutes: Deputy County Attorney Sandy Howard discussed the proposed Economic Development Impact Fee Mitigation Agreement with Publix Super Markets, Inc. She said they qualify for a 25% impact fee reduction on the cold storage facility; she said the return center facility is not part of the impact fee mitigation. She staff recommends approval. She said this does not require a public hearing. RESULT: APPROVED MOVER: Neil Combee SECONDER: Martha Santiago AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.3. Public Hearing (LDCU-2023-7 Drew St B & B De Novo Hearing) to consider an appeal to the Planning Commission’s decision to approve LDCU-2023-7, a Conditional Use request for a bed and breakfast within an Agricultural/Residential Rural land use district. Minutes: County Attorney Randy Mink reminded the audience of the procedures for De Novo hearings. Amy Little, Land Development, showed slides and reviewed the De Novo hearing request for LDCU-2023-7. She discussed the applicant's request for a conditional use approval for a bed and breakfast located within an Agricultural Rural Residential (A/RR) land use district. She discussed the letters of support received and the site location. She said a code enforcement violation was issued for building without a permit and hosting short-term rentals. She discussed the future and surrounding land uses and reviewed the site plan. She said staff is recommending an opaque 6 foot fence on the western boundary. She said this is consistent with Comprehensive Plan and the Land Development Code. She said staff and Planning Commission recommend approval. Upon question, Ms. Little said the silo was initially bought to be used as an office for their agricultural use; she said it was then converted to a bed and breakfast. She said the original code case is from December 2022, and was recently continued to September 2023. She said the owners never obtained a building permit; she said a condition of this approval is that they are required to obtain all building permits and meet all of the required codes. She confirmed it was not permitted and they were receiving an income through renting it out. She reviewed the bed and breakfast requirements for the owners onsite residence and the food served. She said the bed and breakfast definition states that it is usually historical in nature but is it not a requirement. Richard Kiddey, applicant, said this was originally built as an agricultural office and Page 9 of 20 under the agriculture exemption no permit is required. He said they then converted it to a short-term rental bed and breakfast. He said they live on site and operate the bed and breakfast. He said the building permit has been filed and awaiting the outcome of this case. He said visitors love the rural setting and silo concept. He said they obtained 30 signatures from surrounding neighbors in support. He discussed the positive reviews posted online, the privacy fence installed and the trees they have planted for privacy. He said they were also featured in the Lakelander magazine for their uniqueness. Upon question, Mr. Kiddey reviewed the timeline of starting short-term rentals and their application for this request. He said they were not aware of the county violations. He said there are short-term rentals throughout the county that have not gone through this process and do not meet the criteria. Laura Kiddey said they had a family recently stay with them from France and said they had never had a country living experience. She discussed their experience and said this is why they do this. She said they have been operating for a year and have a 5 star rating. She said they have had wonderful people stay with them. She said this has been a heartwarming experience for them and their guests. Dan Pilka, appellant, said his client's 9 acre property is right next door to the bed and breakfast. He discussed the evidence entered. He said this is rural area and it is designed for agriculture use and very low density residential development. He showed photographs of the silo and where is it located. He said his clients are approximately 70 feet from the silo and the homeowners are approximately 300 feet away. He discussed the owners advertisement for short-term rentals and the article in the Lakelander magazine. He said this was always designed to be a short-term rental property from the outset. He discussed county guidelines and said it states it must be located behind main structure. He reviewed Florida Statute 509.242 (f) and said it defines what a bed and breakfast can be. He said serving food is part of a bed and breakfast. Commissioner Combee requested a copy of the Florida Statute 509.242 (f). Mr. Pilka showed photographs of the silo entrance and parking and the proximity to his clients house. He said when this is in use there is high traffic volume. He said it can sleep up to 5 people. He said people live in this area because they want peace and tranquility, and said that is what the standards provide for. He said this is a Airbnb not a short-term rental; he discussed the problems that go along with Airbnb properties. He discussed the Facebook posts and said it is being advertised as short-term rental not a bed and breakfast. He said this was always intended for short-term rentals not an Ag office. He said they are now hearing a different version from what was presented to the public. He discussed the 6 foot fence that was installed and said it does not match any fence in the community. He said the window of the silo is visible over the fence and no privacy was created. He said the fence should be at least 10 feet. He showed a photograph of the fencing used on these types of properties. He said the Kiddey's are knowingly violating the laws and the building should not have been permitted. He said it is not located properly and should not be where it is as a bed and breakfast. He said instead of putting this next to their house where it could be a nuisance for them they put it immediately adjacent to his client's property where it does create a nuisance for Page 10 of 20 them. He said he is requesting on behalf of the Gaffney's that if this is approved they require the Kiddey's move the silo to a position closer to their house and away from his client's property line. He said if the silo stays in its current location they are requesting a10 foot fence, added buffers and sound barriers. He said permits should have been pulled and they should have been made to go through the proper channels . He said they are asking that this be denied; he said if the Kiddey's want to relocate they should pull the permits and place it closer to their property where they can operate it properly. County Attorney Randy Mink said the definition that will govern this case will be the definition in the Land Development Code. He said the statute deals with regulations of the state. He said they need to stay with the definition of a bed and breakfast defined in the Land Development Code. Commissioner Combee asked if they should also stay with the Land Development requirement that a guest house must be behind the main residence. Mr. Mink asked staff to address this issue and explain the difference between a guest house and a bed and breakfast. Commissioner Combee said both of those issues are bumps in the road for this Board. Ms. Little said a guest home is considered an accessory use on a property such as this and an accessory use is required to be behind the primary home. She said this is considered a second primary use; she said they are required to meet all the requirements of section 303, and they are required to go through the conditional use approval process. She said they do not consider this as an accessory use or a guest home. She said it would be fully functioning as a bed and breakfast. She said the Development of Professional Regulations notes that pre-packaged food can be used in a bed and breakfast. She said if they prepare food to serve they would be required to obtain an additional license for food services. Commissioner Combee said the people who stay here will be paying guests. He discussed the guest house location requirement. Ms. Little said this meets the standards under the bed and breakfast requirements . She said there is no location criteria for a bed and breakfast in Section 303. Mr. Mink said they can take into consideration the compatibility of the placement of the silo to the surrounding areas. He said this may be something that needs to be addressed moving forward. Chair Lindsey said when he read the staff report he was under the impression that the silo was a historical structure to this property and that it was appropriate and a unique conversion. He said he was surprised that a De Novo hearing had been filed. He said he learned later that the structure was acquired in Kansas and erected without obtaining a permit. He discussed statute definitions and local definitions and said we seem to land on the one most comfortable to our prejudices. He said he would rely on his experience of what a bed and breakfast is and it lies in concert with the statutory definition. He discussed the location, failure to obtain permits and the total disregard to Page 11 of 20 their neighbors with the position of the silo. Chair Lindsey opened a public hearing. Mr. Mink swore in Ricky Shirah at this time. Ricky Shirah said he has known the Kiddey's for many years and they are good people. He said they would not do anything that they should not do. He said his son works for Florida Fish and Wildlife Conservation Commission and hunters from all over the state stay at the Kiddey's bed and breakfast for fee. He discussed the parking. He said he thinks this is a good thing. Mr.Kiddey discussed the article in the Lakelander and said a lot of the information in the article was incorrect. He said the Florida Statute said breakfast is generally served or offered and is not required. He discussed parking at the silo and said he did not know there was a Land Development Code on how many cars he could have on his 12 acres. He said they have a noise monitor on site and they meet all of the land use requirements. He said the silo may not be historical but it is unique. He said they did not mean to step on anyone's toes by bypassing the Building Department. He discussed the privacy fence surrounding his neighbors property. He said a 10 foot fence would be out of character for this area. Chair Lindsey closed the public hearing. Commissioner Combee discussed the packet entered by Mr. Pilka and the comments made in the field report by Code Enforcement Officer Thomas Garziano. He said he has spoken with Mr. Kiddey concerning an Ag structure and Florida Statute 604.5. He said Mr. Kiddey wanted to use it as a farm office and also use it for his engineering services. He said there was no discussion for a bed and breakfast or short-term rental. He said the Kiddey's are great people but if he were the Gaffney's he would be jumping nine ax handles high at having to look through the window at people who they do not know. He said no one would be happy about this. He said he is not opposed to permitting the silo on the property but take it and put it down by their house not in the front yard of their neighbors. He said the Gaffney's deserved better. He said someone made a bad decision to locate this here. Commissioner Wilson said he agrees with Commissioner Combee. He said he lives in the country and he has great neighbors. He discussed the home that was built close to him. He discussed the location of the silo to the Kiddey's house and the Gaffney's house. He asked why would they not put it closer to their own home instead of their neighbors. He said most people would not want this by their house and said he feels this is why it is located on the corner of their land. He discussed the gator hunters that use the silo and said when they are done hunting they want to have a good time . He said he is against this. Commissioner Braswell said he is a founding member of the Florida Agritourism Association and helped craft the original Agritourism laws with the assistance of Commissioner Combee. He said this was not the intent of the Agritourism bill. He said this is just a way to take advantage of it and said he will not support this. Page 12 of 20 Commissioner Santiago discussed the location of the silo and said it is not acceptable. She said she also questions the intent of this. She discussed the article in the Lakelander magazine and said the pictures show that the intent was to move forward as a short-term rental. She said they did not follow the protocol and she will oppose this. Chair Lindsey said he thinks that wraps up the sentiment of this Board and the unanimous support of this De Novo request. He said as he sees it they should dismantle the structure, move it in compliance with the guest house location criteria and permit accordingly with all the requirements everyone else has to conform to. Mr. Mink said the motion would be to deny the application. He said if they want to move the silo to another location they would have to submit a new application for a bed and breakfast. Chair Lindsey said he wants the action to be affirmative and direct them that the structure as it sits now should be removed. Mr. Mink said they will have to remove it because they are not in compliance and if not they have a Code Enforcement case in abatement that will kick in. Chair Lindsey said if Mr. Shirah says the Kiddey's are nice people he believes it, but this is not a motion about the character of the applicant. He said it is a matter of procedures. He asked if in its current location could it be converted to storage of an office for the resident's business. Mr. Mink said if it is being used as part of the agricultural operations then statute would take it out of the Board's authority and they could not take any action. Commissioner Combee said he understands what Chair Lindsey is asking. He said it was going to be used for Ag purposes or an office. He said that was not a concern for him; he said the problem for him is under F.S. 604.5, and that it has to be nonresidential. He said they are inviting people to come in and stay without the benefit of proper inspections by those who are familiar with their trades. He said the real problem for him is the location to their neighbors. He said he thinks that they could use it for some other use. Mr. Mink said they would have whatever rights apply under F.S. 604.5. Chair Lindsey asked if there is still no site location requirements to build a home office that is AG related anywhere on the property. Mr. Mink said if it falls under F.S. 604.5 then the county's codes do not apply. Discussion followed. Commissioner Combee said to energize a building the county's policy has been that the power companies require an electrical inspector to certify and green tag it before they would energize the building. He said that is not what happened here they ran Page 13 of 20 power from their own home to the silo, so that does not apply here. He said they are exempt but the power company will not give it power without a county inspector approval. Chair Lindsey said the Board's limits to authority is to the requested use and if they choose to make use of it in a conforming use that is beyond this Board. Commissioner Combee discussed the location to the neighbors. Motion to deny LDCU-2023-7. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Neil Combee AYE: Lindsey, Braswell, Combee, Santiago, and Wilson P.4. Public Hearing (LDSPD-2023-1 Deeson SPD De Novo Hearing) to consider an appeal to the Planning Commission’s 5:2 decision to approve a 147-unit single-family subdivision northwest of Lakeland. Minutes: Ian Nance, Land Development, showed slides and said staff recommends approval of LDSPD-2023-1, a request for 147 single family lots with reduced lot sizes and setbacks. He discussed the site location and the communications received that were in favor and in opposition. He said the Planning Commission voted 5/2 in favor of this project and the decision was appealed. He reviewed the items that were submitted for the record. He discussed the land use and base density. He said a maximum density of 3 units per acre can be approved through the Suburban Planned Development process. He said the subject property was changed to residential suburban in April 2022, to pursue this process. He reviewed the subject property and said it was previously approved for a 256 unit mobile home subdivision in the late 80's but that expired. He said an application for 242 single family lots was denied by the Planning Commission and the Board in 2022. He said it is back before the Board today because the applicant has made significant changes to the site plan; he reviewed the material changes made to the application and the proposed site plan. He discussed the existing developments surrounding the property. He discussed the urban level services available to this site, surrounding schools and the newly opened Fire Rescue station. He said there will be intersection improvements and the county is extending wastewater services to the west on Deeson Road. He discussed the demand for increased density and smaller lot sizes. He said most of the surrounding parcels were developed prior to the adoption of the Comprehensive Plan and Land Development Code. He reviewed the site plan, lot sizes, and said there is no access planned on Robins Road. He said this will still require a traffic study and a Level 2 Review. He said this is compatible with the Land Development Code and the Comprehensive Plan. He said staff recommends approval. Upon question, Mr. Nance said Land Development Code Section 933 allows for a new application if there has been proven material changes to the application. He said staff also recommended approval of the original application of 252 units. He said the perimeter lots are 6,900 square feet and the interior lots are 5,750 square feet. He said the closest bus stop to this development is 3 miles. Page 14 of 20 Commissioner Combee said he does not consider 3 miles close proximity to mass transit. Upon question, Mr. Nance discussed the open spaces and the proposed buffers. He said wetlands do not count towards open spaces. He said most of the open space will be accessible to the citizens. He said they are planning for an amenities center. He clarified that the urban level services to this site exclude mass transit and reclaimed water. Discussion followed. Motion to qualify Eric Swanson, Charlie Otero, and Nick Buliga as expert witnesses. RESULT: APPROVED MOVER: Neil Combee SECONDER: Bill Braswell AYE: Lindsey, Braswell, Combee, Santiago, and Wilson Minutes: Bart Allen, representing applicant, introduced staff present today. He said they are requesting 147 single-family units on 97.3 acres of uplands; he said the entire site is 118 acres, which is 1.51 dwelling units per acre. He said there are 68 acres of uplands that will be preserved. He said this site was previously denied; he said more work has gone into this project than most at this level. He gave background information on the area. He discussed the first developments in the area. He said in the 80's this site was approved for a PD allowing for 256 manufactured homes; he said the project expired before it was used because the developer went into bankruptcy. He said in 1993 the property was sold to Mr. Flanders the current owner. He discussed the developments that have been built throughout the years. He said this site is 1/2 mile to Kathleen Road, is close to Hunt Fountain Park, and has the fire station. He said it is 8 minutes to the I-4 corridor; he discussed the services and infrastructure available in this area. He reviewed the new developments along Kathleen Road and Deeson Road. He said this area is ripe for development and is adjacent to development on multiple sides. He discussed the Comprehensive Plan Amendments approved by this Board in 2022. He said the Residential Suburban Land Use classification encourages and requires clustering to avoid impacts. He said they recognize that there are drainage issues on this site, but they clustered the site so there is little impact. He said they meet all of the criteria in Chapter 3 of the Land Development Code for Suburban Development. He discussed the meetings held with the community since the denial and the work done by Swan Capital to present this project. Erik Swanson, Swan Capital, reviewed the proposed site plan. He said they reduced it by over 100 home sites. He said this is a conservative site plan. He said they took a collaborative approach and requested input from the Board, the opposition, and the community. He said they held neighborhood meetings. He reviewed the changes to the design features, new buffer techniques, lots sizes, and conservation areas. He discussed the developable uplands available that they are conserving . He discussed the improvements needed on Deeson Road. He said potable water will be extended to the site. He showed slides of the proposed entrance and said there will be sidewalks on both sides of the streets. He discussed the design features incorporated. He said they are preserving 70% of open space on this site. He said all these features equate Page 15 of 20 to a healthy community and an overall conservation development. He said this project is compliant with the Comprehensive Plan and the Land Development Code. Nicholas Buliga discussed the historical drainage patterns on this site and said there are 3 natural discharge points. He reviewed the proposed drainage pattern and said water will drain to onsite ponds and will be held and discharged at a limited rate to Blackwater Creek. He discussed the compensation pond to the north. He said a regional model will be submitted to multiple agencies to ensure that there will be no adverse impacts to the surrounding area. He said this will improve water quality and discussed the flood study. He said this model was updated by SWFWMD in 2022. Upon question, Mr. Buliga said he does not have the actual distance from the subject property to the western boundary. He said the elevations vary that are onsite. He said as water goes off the property there will be multiple feet of fall before it comes back into the creek. Charlie Otera said they are aware of the concerns for stormwater drainage. He said in the 50 years he has been in engineering he has never spent this amount of time and resources on stormwater analysis on a project; he said it is usually done in the final design phase. Mr. Allen said Planning Commissioner Beltran stated that they recognized the efforts this developer and engineer has gone through is above and beyond what is required and this request would function and be a good thing for the area. He said drainage is a Level 2 issue. He said they have had 4 environmental walkovers of this site and they are aware of the wildlife. He said the roads have capacity to accommodate this project. He said there will be a light installed at Deeson and Kathleen Road. He discussed the traffic study completed. He said Deeson Road will be brought up to current standards. He said there is no failing issues as it relates to traffic. He discussed the investment and improvements to the infrastructure. He discussed school capacity, compatibility, and developments in the area. He discussed the residential homes surrounding this proposed development. He discussed the Countryview Development and said the platted lots are larger but a majority of them cannot be used because of stormwater . Upon question, Mr. Allen said Countryview is more intense than what is proposed because if all of the drainage, wetlands, and floodplains. He said the density would be 2 dwelling units per acre. He said he does not know the total units or total acreage of Countryview. Commissioner Combee said without a lot more information you are not going to convince him that the density is greater there. Mr. Allen said there are existing developments on Deeson Road with higher density than they are proposing today. He discussed the lot ratio and buffering requirements. He discussed the surrounding lot sizes. He reviewed the development highlights, the staff report, and the key findings. He said they meet all of the requirements and the timing is right for this development. He said they are requesting approval. Upon question, Mr. Buliga said a majority of the water on the property drains into Page 16 of 20 Blackwater Creek, some is trapped in the southwest corner, and some to the adjacent wetland to the west. He showed the water flow of Blackwater Creek. Upon question, Mr. Allen said Florida Light and Life is located 2 miles from the subject property. He said 2 miles is within their development radius. Commissioner Combee said Florida Light and Life is a retirement mobile home park that is 40 years old. He asked if that is considered single-family. Mr. Allen said he does not believe that disqualifies it as single-family. Discussion followed. Upon question, Mr. Allen said the yellow blocks on the ERP map were exemptions done prior to the district regulation rules. Michelle Crawford, said they are here to represent their community but to also echo sentiments throughout the county. She said they are requesting that they support their appeal and to deny with prejudice this proposed development. She asked all those in opposition to stand. She discussed the site location and said there is no demand for these homes. She said the area is struggling to catch up with recent growth and there is a lack of support for this development. She said she and her family have lived in Polk County all their life. She said she farms her own land and she wants to give back to the community. She said she is a health care provider and has chosen to make her life in Polk County. She said this development is surrounded by agriculture. She said this development should be 1 home per 1 acre. She said Kathleen is a rural area and they are a community. She said they are here to defend their way of life. She said they appreciate that the commissioners are on their side. She discussed the commissioner comments from the previous hearing. She said they are requesting 8 homes per acre. She said this development does not belong here. Lindsey Hobner said her home is southwest of the proposed development. She said Blackwater Creek runs through her property. She discussed the current housing demand and the increased interest rates. She discussed what payments on these homes would be. She said the buyers priced out of the market has increased. She said this applies to single family homes. She discussed the home inventory and price reductions. She asked if these homes are even needed. She discussed the questionable home quality and how this will affect their home values. She discussed the flooding in the area. She showed where homes will be built along wetlands. She said these models fail in real life. She discussed commissioner comments from the previous hearing. She showed pictures of flooding in the area and at her home. She said it does not take a major weather event to create flooding. She said the reduction of homes does not make it more compatible. Caroline Gaye said they drive Deeson Road daily. She discussed the surrounding area and said they like their rural area. She discussed the impact this development will have to roads and traffic. She said the Deeson Road intersection has a C rating. She discussed the developments already coming to this area. She discussed staffing shortages for fire and EMS and the response times. She discussed trash collection and medical services. She said the people of Kathleen do not support this development. Page 17 of 20 Terri Crawford said she has lived in Lakeland her entire life. She said they have a home on 5 acres and raised a family there. She said she served Polk County for 10 years at Joe G. Tedder, Polk County Tax Collector. She thanked the Board for their service. She discussed the Planning Commission and said they were told they needed to respect property rights. She said they did not fight the rezoning in 2002 because it was compatible, and was within their property rights. She said the developer never intended to put 1 home per 5 acres but intended for a densely populated development. She said this development does not fit into this rural area. She said what is being proposed exceeds their property rights. She said she finds it interesting that development justifies more development. She discussed her concerns with flooding and public nuisances. She read a quote from Thomas Jefferson. She said this development will negatively impact the surrounding area. She said they won last year but it was temporary she said if they lose it will be permanent. She said they are concerned with light pollution and permanent loss of agricultural land. Michelle Crawford said they are representing a group of proud homeowners. She said they value their rural homes and community. She said they are active in their community and love the outdoors She said they respectfully request they support their appeal and deny this project. Chair Lindsey opened a public hearing. Lisa Clyce said her driveway faces this development. She said her husband's family has owned property here since 1960. She discussed the flooding in the area. She said putting homes on wetlands will flood everyone out. She asked that this be denied. Peter Hobner discussed the proposed changes made and said they should not be allowed to come back before their year was up. He said this is not a plan for preservation. He said the 28 acres for preservation will be another phase at a later date. He said Level 1allows them get their foot in the door. He said he hopes that this is denied with prejudice. Kevin Zarnstorff said he lives across the street from the subject property. He discussed the flooding in the area. He said Deeson Road acts as a dam and the water has to go somewhere. He asked that they take all this into consideration when they make their decision. He said water runs downhill and it has to go somewhere. David Morris discussed the flooding in the area and the proposed site plan. He said the water runs over the road when there is flooding. He said the water has to go somewhere and asked that this be denied with prejudice. He said this does not fit this area. He said agriculture is their way of life. He said he had to jump through hoops to give his daughter one acre of his property to allow for 2 houses on 8 acres. He said they are now proposing 8 houses per acre. Carrie Flanders Bayhan said her mother is the current owner of this property. She said her late father tried to farm this land but was unable to due the area being highly populated. She discussed the growth in the area and said this could be an asset to the community. She discussed the changes made to the development to make it an asset Page 18 of 20 to the community instead of a hindrance. She said this development is within the parameter of the requirements. She said she understands the neighbor concerns but said this property will eventually be sold and developed. Chair Lindsey closed the public hearing. Mr. Buliga discussed the drainage concerns in the southwest corner. He discussed the water flow from this area. He said there is only a 12 inch pipe under Deeson Road. He said they will remove the discharge point to no longer send water to the Payne Road Subdivision and reduce the flooding in the southwest corner. Mr. Allen said they are aware of the flooding issues and they have dealt with them . He discussed the proposed drainage pattern and the stormwater model. He discussed the open space that will be set aside for preservation; he said they are developing to the south. He discussed the Knights Landing development and the intersection improvements that will be done. He discussed their traffic study and said all county facilities are operating at acceptable levels. He said the development is being moved away from the wetlands and they are maintaining a 25 foot buffer. He said he objects to general concerns and petitions being used as substantial evidence without support . He requested the approval be upheld. He said the conservation areas are to be open space in perpetuity. Commissioner Combee discussed conservations requirements. He discussed the pipe under Deeson Road and said there seems to be conflict. Mr. Allen said they are designing the system so that the flow in the area would be accommodated by the existing pipe and would be held onsite in their existing ponds . He said right now there is no control. Upon question, Mr. Buliga discussed the current water flow design to the creek. He said they are not up sizing the pipe; he said they are going to redirect the water. He discussed the proposed discharge points He said the subdivision will act as berm and will be built up above the 100 year flood. He said the water will not exceed predevelopment. Upon question, Mr. Allen said the original development proposed 250 homes and the new proposal is for 147 homes. He said there were 100 proposed homes in the now proposed conservation area. Commissioner Combee said it is good to see Judge Judy Flanders and said they are great neighbors. He said please don't take what he says personal. He said this is an ecology issue. He said his big concern is the drainage problems and trying to find a solution when there is no good solution for flat land that poorly drains. He said this could cause flooding and create a problem. He said the county does not have any easement from this property to Blackwater Creek. He said it has to sheet flow. He said there are issues beyond this development than cannot be solved that will cause problems internally and externally. He said he does not support this project even in its reduced form. Page 19 of 20 Discussion followed between the parties if the motion should be with prejudice or without prejudice. Commissioner Santiago said she appreciates the efforts made by the developer. She said they basically removed the houses from the conservation area and placed them in another area. She said this is still high in density. She said she still finds this incompatible and will not support this. Commissioner Wilson discussed the lot sizes and the reduction of the homes. He said the ground has not changed and it still has the same problems. He discussed the flooding and said it is not compatible. He said he will not support this. Commissioner Braswell said that is 3 for denial and he will make it 4. Chair Lindsey said he can count. Upon question, Mr. Mink said it is assumed that it is being denied without prejudice unless otherwise stated by the Board. Motion to deny application with prejudice. RESULT: APPROVED MOVER: Neil Combee SECONDER: Bill Braswell AYE: Braswell, Combee, Santiago, and Wilson NAY: Lindsey ANNOUNCEMENTS Minutes: Chair Lindsey adjourned the meeting 12:10 p.m. Page 20 of 20