Planning Commission

Polk County Planning Commission Meeting Minutes - Final September 06, 2023 Regular Planning Meeting Call Agenda Workshop to Order 8:50 a.m. Call Public Hearing to Order 9:00 a.m. Or as soon thereafter as the particular case may be heard 9:00 a.m. Roll Call / Attendance Chair Rennie Heath, Secretary David Dalton, Brooke Agnini, Tommy Addison, Mike Hickman, Mike Schmidt, and Vice Chair Robert Beltran Present Angelic Sims, and Linda SchultzExcused Pledge of Allegiance Approve Minutes August 2, 2023, Planning Commission Minutes RESULT: APPROVED MOVER: SECONDER: AYE: Heath, Dalton, Agnini, Addison, Hickman, Schmidt, and Beltran Excused: Sims, and Schultz 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members, a lunch break may be called if the hearing of cases goes beyond 12:00 p.m. 2) Considerations of items to be withdrawn, deferred, or continued. Explanation of General Procedures Voir Dire of Expert Witnesses Voir Dire of Expert Witnesses Page 1 of 10 Chair Rennie Heath, Secretary David Dalton, Brooke Agnini, Tommy Addison, Angelic Sims, Linda Schultz, Mike Hickman, Mike Schmidt, and Vice Chair Robert Beltran Present Staff Resumes RESULT: APPROVED MOVER: Tommy Addison SECONDER: David Dalton AYE: Heath, Dalton, Agnini, Addison, Hickman, Schmidt, and Beltran Excused: Sims, and Schultz Agenda Item 1. LDCU-2023-19 (Mine and Mill Aggregate CU) - Continued 2. LDCU-2023-20 (Dyson Road Religious Institution) Minutes: Bharath Kumar Gali, owner, is requesting a Conditional Use (CU) approval for a 2,400 sq. ft. religious institution on Residential Suburban (RS) Land Use district on 1.11 +/- acres. The subject site is located west of State Road 25 (US 27), north of State Road 544 (Havendale/Lucerne Park Road), south of State Road 600 (US 92), east of Dyson Road, south of the City of Haines in Section 31, Township 27, Range 27. Ian Nance, Land Development, introduced the case and reported 71 mailers were sent to area property owners on August 17, 2023. Two (2) signs were posted to the property on August 18, 2023. A legal advertisement was published in the Lakeland Ledger on August 16, 2023. Two (2) responses in opposition were received. Ian Nance, Land Development, presented a PowerPoint presentation with a recommendation of conditional approval. Gali Bharath Kumar, owner, agrees with staff’s recommendation and spoke regarding the request. Mr. Chair opened the public hearing. Carl Krieger spoke in opposition due to traffic concerns on Dyson Road. Cynthia Williams spoke in opposition due to traffic concerns on Dyson Road, concerns with noise disturbances that might occur, and she stated concerns with RV parking on the property. John Binkle spoke in opposition due to traffic concerns and the width of the road . Myron Koon spoke in opposition stating Dyson Road needs repair and widening. Page 2 of 10 Patricia Honjack spoke in opposition with concerns traffic concerns. Mr. Chair closed the public hearing. Ian Nance provided clarification regarding the comments from the public about RV parking. He stated that if they were planning to expand this, they will be required to complete a modification. This is a very limited use. 2. LDCU-2023-20 (Dyson Road Religious Institution) Conditional approval. RESULT: APPROVED MOVER: Tommy Addison SECONDER: David Dalton AYE: Heath, Dalton, Agnini, Addison, Hickman, and Schmidt Excused: Sims, and Schultz Absent: Beltran 3. LDCU-2023-21 (Gay Road Duplexes) Minutes: CMTG Real Estate Enterprises, Inc., owner, Rodney Gadd of Gadd & Associates, applicant, request two +/- 2,600 sq. ft. duplexes (four total residential units) on 1.18 +/- acres in Residential Low-4 (RL-4) Land Use district. The subject property is located east of Gay Road, south of Old Tampa Highway, west of Wilkinson Road, north, east, south, and west of Lakeland in Section 21, Township 28, Range 23. Ian Nance, Land Development, introduced the case and reported 20 mailers were sent to area property owners on August 17, 2023, one (1) sign was posted on the property on August 9, 2023, and a legal advertisement was published in the Lakeland Ledger on August 16, 2023. No responses were received. Ian Nance, Land Development, presented a Power Point presentation with a recommendation of conditional approval. Sarah Case, applicant, agrees with staff’s recommendation and spoke regarding the request. Mr. Chair opened the public hearing. No response. Mr. Chair closed the public hearing. 3. 23-3144 LDCU-2023-21 (Gay Road Duplexes) Conditional approval RESULT: APPROVED MOVER: Tommy Addison SECONDER: David Dalton AYE: Heath, Dalton, Agnini, Addison, Hickman, and Schmidt Page 3 of 10 Excused: Sims, and Schultz Absent: Beltran 4. LDCU-2023-22 (3rd Street MH CU) Minutes: Julion Pintor and Alma White, owners, is requesting Conditional Use (CU) approval to locate a mobile home on an approximately 0.14 +/- acre lot within a Residential Low-4 (RL-4) Future Land Use District. The subject property is located west of Snively Ave, north of 4th Street, south of Highway 17 North, east of Highway 17, east of the city of Eagle Lake in Section 05, Township 29, Range 26. Ian Nance, Land Development, introduced the case and reported 84 mailers were sent to area property owners on August 17, 2023, one (1) sign was posted on the property on August 17, 2023, and a legal advertisement was published in the Lakeland Ledger on August 16, 2023. No response was received. A motion to expedite was made by David Dalton, seconded by Tommy Addison, and passed unanimously (6/0). Ian Nance, Land Development, presented a Power Point presentation with a recommendation of approval. The applicant was not in attendance for this hearing. Mr. Chair opened the public hearing. No response. Mr. Chair closed the public hearing. 4. 23-3094 LDCU-2023-22 (3rd Street MH CU) Conditional Approval. RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Heath, Dalton, Agnini, Addison, Hickman, and Schmidt Excused: Sims, and Schultz Absent: Beltran 5. LDCU-2023-28 (Nichols Mine CU Modification) Minutes: Nichols Ranch LLC, owner, Kriss Kaye of Carter and Kaye Engineering LLC, applicant, request a major modification to LDCU 2019-7. The request involves a CU area expansion on the southeast side of the existing mine; a road right-of-way setback reduction along Anderson Road and Hillgrade Road; and property line setback reductions in the Phosphate Mine (PM) and Agricultural/Residential Rural (A/RR) Land Use districts and Rural Development Area (RDA). The subject property is located south and east of Nichols Road, east of Anderson Road, north and south of Hillgrade Road, Page 4 of 10 south of the city of Mulberry in Sections 09 and 16, Township 30, Range 23. Ian Nance, Land Development, introduced the case and reported 21 mailers were sent to area property owners on August 17, 2023, eleven (11) signs were posted on the property on August 8, 2023, and a legal advertisement was published in the Lakeland Ledger on August 16, 2023. No response was received. Ian Nance, Land Development, presented a Power Point presentation with a recommendation of conditional approval. Dave Carter, applicant, agrees with staff’s recommendation and spoke regarding the request. Tommy Addison asked of the applicant about wet water ponds. Dave Carter confirmed. Mr. Chair opened the public hearing. No response. Mr. Chair closed the public hearing. 5. 23-3160 LDCU-2023-28 (Nichols Mine CU Modification) Conditional approval. RESULT: APPROVED MOVER: David Dalton SECONDER: Tommy Addison AYE: Heath, Dalton, Agnini, Addison, Hickman, and Schmidt Excused: Sims, and Schultz Absent: Beltran 6. LDCU-2023-43 (Club Cir CU) Minutes: Georges William, owner, Matthew Johnson of JSK Consulting, applicant, requests a Conditional Use approval for a mobile home park on 13.37 acres in a Residential Medium (RM) land use district. The site is located at north of Lowell Drive, south of Leisure Lane East, east of Walden Shores Boulevard, west of Club Circle, northeast of the city of Frostproof in Section 22, Township 30, Range 29. Ian Nance, Land Development, introduced the case and reported 103 mailers were sent to area property owners on August 12, 2023, five (5) signs were posted on the property on August 12, 2023, and a legal advertisement was published in the Lakeland Ledger on August 16, 2023. Seven (7) responses in opposition and ten (10) responses in support were received. Amy Little, Land Development, presented a Power Point presentation with a recommendation of approval. Page 5 of 10 Matthew Johnson, applicant, agrees with staff’s recommendation and spoke regarding the request. Mike Hickman asked of the applicant regarding the distinction requiring a Conditional Use. Matthew Johnson stated that it is required due to the type of structures of a mobile home community. Amy Little responded this is required due to the type of structure which requires a Level 2 Conditional Use. Mike Schmidt asked about the term structure. If these are modular homes or typical mobile homes. Matthew Johnson responded stating these structures are pre-built and brought to the sight and established on a lot. Robert Beltran asked about the utilities of this project. Matthew Johnson confirmed that Gold Coast Utilities has confirmed capacity. Randy Mink asked about the esthetic of a mobile home versus a modular home. Erik Peterson explained that mobile homes are not built to Florida Building Code while modular homes are built to Florida Building Code. Mr. Chair opened the public hearing. Evelyn Rivera Miranda spoke in opposition and presented a petition in opposition. Her concerns include the density in relationship to neighboring communities, increased traffic, strain on utilities, protection of wildlife, and she stated this project is incompatible with neighboring communities. Aurelio Rios asked how they will connect to the sewer line. Dorothy Lennox spoke in opposition due to the type of structures and if these are storm damaged, they will cause damage to neighboring structures. Miguel Fabre spoke in opposition and is concerned about existing wildlife. Dominic Mega safety concerns due to brush fires and how people can leave their homes and neighborhood in an emergency situation. There are currently water and sewage problems in this area. Debbie Osbourne spoke in opposition related to brush fire issues in this area. Page 6 of 10 Angel Ortiz stated he is opposed to the project. Mr. Chair closed the public hearing. Matthew Johnson provided a rebuttal. He addressed the density statement and reiterated that the property could be built without any other approval for apartments and this request is less dense than apartments. Gold Coast has stated they have capacity for this new community. Related to the wildlife statements, this area has already been reviewed for protected species. The type of structures that are being placed on the parcel for this project are already rated for wind and storm events and they will be strapped down. They are not requesting for any additional density. Tommy Addison asked of the applicant if Gold Coast Utilities is in compliance with the state of Florida. Matthew Johnson confirmed. David Dalton asked of staff if there was anything that was stated that changed their recommendation. Amy Little stated no. Mike Schmidt asked of staff about the road access. Amy Little provided this information. Robert Bolton asked of the applicant about the surrounding communities. Matthew Johnson provided an explanation of the different types of communities neighboring this proposed request. 6. 23-3158 LDCU-2023-43 (Club Cir CU) Conditional approval RESULT: APPROVED MOVER: David Dalton SECONDER: Robert Beltran AYE: Heath, Dalton, Agnini, Addison, Hickman, Schmidt, and Beltran Excused: Sims, and Schultz 7. LDCPAS-2023-12 (Jemma Estates CPA) Minutes: An ordinance of the Polk County Board of County Commissioners regarding the adoption of LDCPAS-2023-12, an amendment to the Polk County Comprehensive Plan, Ordinance 92-36, as amended, to change the Future Land Use Map designation on 1.52 +/- acres from Residential Low 2 (RL-2) to Residential Medium (RM), located south of Duff Road, west of US Highway 98, north of Daughtery Road, east of Green Road, near the city limits of Lakeland in Section 14, Township 27, Range 23; providing Page 7 of 10 for severability; and providing for an effective date. Ian Nance, Land Development, introduced the case and reported 55 mailers were sent to area property owners on August 17, 2023, two (2) signs were posted on the property on August 11, 2023, and a legal advertisement was published in the Lakeland Ledger on August 16, 2023. No response was received. A motion was made to expedite this case by Robert Beltran, seconded by David Dalton, and was approved unanimously (7/0). Johnathan Sims, Land Development, presented a Power Point presentation with a recommendation of approval. Tom Wodrich, applicant, agrees with staff’s recommendation and spoke regarding the case. Tommy Addison asked of the applicant if this would be built because it there were previously two other PDs on this property. Tom Wodrich confirmed. Mr. Chair opened the public hearing. No response. Mr. Chair closed the public hearing. 7. 23-2984 LDCPAS-2023-12 (Jemma Estates CPA) Recommendation of approval will be forwarded to the Board of County Commissioners on October 17, 2023. RESULT: APPROVED MOVER: David Dalton SECONDER: Robert Beltran AYE: Heath, Dalton, Agnini, Addison, Hickman, Schmidt, and Beltran Excused: Sims, and Schultz 8. LDCPAS-2023-14 (Poinciana Fire Station) Minutes: An ordinance of the Polk County Board of County Commissioners regarding the adoption of LDCPAS-2023-14, an amendment to the Polk County Comprehensive Plan, Ordinance 92-36, as amended, to change the Future Land Use Map designation on 9.83+/- acres from Poinciana Pre-Development of Regional Impact (PRE-DRI#1) to Institutional (INST), located on the east side of Marigold Avenue, south of Bayberry Street, north of Broadwing Boulevard and Lake Hatchineha Road, west of Lake Hatchineha, east of the town of Dundee in Section 22, Township 28, Range 28; providing for severability; and providing for an effective date. Ian Nance, Land Development, introduced the case and reported 43 mailers were sent Page 8 of 10 to area property owners on August 17, 2023, two (2) signs were posted to the property on August 15, 2023, and a legal advertisement was published in the Lakeland Ledger on August 16, 2023. No response was received. A motion to expedite was made by Robert Beltran, seconded by David Dalton, and was approved unanimously (7/0). Erik Peterson, Land Development, presented a PowerPoint presentation with a recommendation of approval. This is a county-initiated request. 8. 23-3187 LDCPAS-2023-14 (Poinciana Fire Station) Recommendation of approval will be forwarded to the Board of County Commissioners on October 17, 2023 RESULT: APPROVED MOVER: Robert Beltran SECONDER: David Dalton AYE: Heath, Dalton, Agnini, Addison, Hickman, Schmidt, and Beltran Excused: Sims, and Schultz 9. LDCPAL-2023-5 (Northeast Regional Park CPA) Minutes: An ordinance of the Polk County Board of County Commissioners regarding the adoption of LDCPAL-2023-5, an amendment to the Polk County Comprehensive Plan, Ordinance 92-36, as amended, to change the Future Land Use Map designation on 82.21+/- acres from Residential Low - X (RLX) to 80.26+/- acres of Recreation and Open Space - X (ROSX) and 1.95+/- acres of Institutional-X (INSTX) located east of U.S. Highway 27, south of International Bass Boulevard, north of Florence Villa Grove Road, west of the Osceola County line, south of Claremont, North of Haines City and the city of Davenport in Section 12, Township 25, and Range 26.; providing for severability; and providing for an effective date. Ian Nance, Land Development, introduced the case and reported 487 mailers were sent to area property owners on August 17, 2023, three (3) signs were posted on the property on August 15, 2023, and a legal advertisement was published in the Lakeland Ledger on August 16, 2023. No response was received. A motion was made to expedite by Robert Beltran, seconded by David Dalton, and approved unanimously (7/0). Erik Peterson, Land Development, presented a PowerPoint presentation with a recommendation of approval. This is a county-initiated request. 9. 23-3173 LDCPAL-2023-5 (Northeast Regional Park CPA) Recommendation of approval will be forwarded to the Board of County Commissioners on November 7, Page 9 of 10 2023, for Transmittal and January 9, 2023, for Adoption RESULT: APPROVED MOVER: David Dalton SECONDER: Robert Beltran AYE: Heath, Dalton, Agnini, Addison, Hickman, Schmidt, and Beltran Excused: Sims, and Schultz Adjournment RESULT: APPROVED MOVER: Robert Beltran SECONDER: David Dalton AYE: Heath, Dalton, Agnini, Addison, Hickman, Schmidt, and Beltran Excused: Sims, and Schultz Page 10 of 10