Board of County Commissioners

Polk County Board of County Commissioners Meeting Minutes - Final May 06, 2025 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. (RICK WILSON, CHAIR) INVOCATION Murphy Hanley, Polk County Fire Rescue Chaplain PLEDGE OF ALLEGIANCE (RICK WILSON, CHAIR) B. CEREMONIAL PROCLAMATIONS B.1. National Water Safety Month Minutes: County Attorney Randy Mink read the National Water Safety Month Proclamation for the record. Chair Wilson introduced Dorothy Smith and Amanda Wilson here to accept the proclamation. Amanda Wilson said most drowning deaths are 100% preventable. She thanked the Board for this proclamation. RESULT: APPROVED MOVER: Michael Scott SECONDER: Bill Braswell AYE: Troutman, Wilson, Braswell, Santiago, and Scott C. REQUEST FROM THE GENERAL PUBLIC/AUDIENCE AND OPPORTUNITY TO BE HEARD Page 1 of 20 C.1. Comments. Minutes: Discussion followed between the parties concerning speaking during public comments or public hearings. James Abercrombie discussed the public records concerning the parks that he was able to find from 2006 when the property was purchased. He said there was no progress for 19 years and now it is back before the Board. He discussed the public hearing that was held on March 11th. He said the public was not involved in the discussions concerning the park. He said he is being ignored by everyone. He said he cannot get the public records that he needs. He said the Board did no research on this park and approved this park only on staff's recommendation. He said during the meeting that is was approved he cannot find anything on it. He asked why everything is not in one file. He said this does not work for him. Cassandra Richards said she is disappointed that her project has been pushed back to the fall possibly. She discussed the issues with speeding on her road and said hopefully they will still get this taken care of. She said Highway 27 has a lack of restaurants for older people. She said everything that is being put in is for children and it is always chicken restaurants. D. APPROVE CONSENT AGENDA D.1. Approve Consent Agenda. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Martha Santiago AYE: Troutman, Wilson, Braswell, Santiago, and Scott E. COUNTY COMPTROLLER (STACY M. BUTTERFIELD, CPA) E.1. Disbursements. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Martha Santiago AYE: Troutman, Wilson, Braswell, Santiago, and Scott E.2. Minutes of Regular Board meeting held on April 15, 2025. Minutes: Polk County Clerk of Court Stacy Butterfield discussed the new criminal record system that is being implemented. RESULT: APPROVED MOVER: Becky Troutman SECONDER: Bill Braswell AYE: Troutman, Wilson, Braswell, Santiago, and Scott Page 2 of 20 H. COUNTY MANAGER (BILL BEASLEY) H.1. Approve agreement with Carollo Engineers, Inc. to provide Part 1 engineering services for improvements to the Northwest Regional Wastewater Treatment Facility. ($3,249,568.00 one-time expense) Minutes: County Manager Bill Beasley discussed the agreement with Carollo Engineers, Inc., to provide Part 1 engineering services for improvements to the Northwest Regional Wastewater Treatment Facility. He recommended approval. Commissioner Scott said he has visited the Northwest Regional Wastewater Treatment Facility and said it is very well maintained. He said it is a testament to the care that the county has for their assets. He said this facility looks like a park. Mr. Beasley said first impression is everything. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Martha Santiago AYE: Troutman, Wilson, Braswell, Santiago, and Scott H.2. Utility infrastructure agreement with Clayton Properties Group, Inc. for the Touchstone Development Force Main Extension. ($3,064,574 One-time Expense) Minutes: County Manager Bill Beasley discussed the Utility infrastructure agreement with Clayton Properties Group, Inc., for the Touchstone Development Force Main Extension. He recommended approval. RESULT: APPROVED MOVER: Becky Troutman SECONDER: Bill Braswell AYE: Troutman, Wilson, Braswell, Santiago, and Scott H.3. Approve State-Funded Supplemental Agreement with the Florida Department of Transportation (FDOT) to accept $2,500,000.00 in construction funding for the North Ridge Trail Project, associated resolutions, CIP Amendment, and resolution to establish budget ($2,500,000.00 one-time unanticipated revenue) Minutes: County Manager Bill Beasley discussed the State-Funded Supplemental Agreement with the Florida Department of Transportation to accept $2,5000,000.00, in construction funding for the North Ridge Trail Project, associated resolutions, CIP Amendment, and resolution to establish the budget. He recommended approval. RESULT: APPROVED MOVER: Becky Troutman SECONDER: Bill Braswell AYE: Troutman, Wilson, Braswell, Santiago, and Scott Page 3 of 20 H.4. Approve Land Purchase Agreement between Ruby K. Branson, Trustee of Ruby K. Branson Trust and Polk County in conjunction with a proposed new EMS/Fire Rescue station, CIP Amendment, and budget transfer. ($1,420,000 one-time expense) Minutes: County Manager Bill Beasley discussed the Land Purchase Agreement between Ruby K. Branson, Trustee of Ruby K. Branson Trust and Polk County in conjunction with a proposed new EMS/Fire Rescue station, CIP Amendment, and budget transfer. He recommended approval. RESULT: APPROVED MOVER: Martha Santiago SECONDER: Bill Braswell AYE: Troutman, Wilson, Braswell, Santiago, and Scott I. COMMISSIONER DISTRICT 1 (BECKY TROUTMAN) I.1. Commissioner Troutman Comments. Minutes: Commissioner Troutman thanked the Veterans Service Counsel and retired Colonel Gary Clark. She said Polk County had their 10th honor flight last week. She said it is a great way to honor our veterans. J. COMMISSIONER DISTRICT 3 (BILL BRASWELL) J.1. Commissioner Braswell Comments. Minutes: Commissioner Braswell said during this meeting he has been in touch with Outback Steakhouse and said they have agreed to build a restaurant at the intersection of Friedlander Road and Lewis Griffin Road. K. COMMISSIONER DISTRICT 4 (MARTHA SANTIAGO) K.1. Commissioner Santiago Comments. Minutes: Commissioner Santiago had no comments. L. COMMISSIONER DISTRICT 5 (MICHAEL SCOTT) L.1. Commissioner Scott Comments. Minutes: Commissioner Scot had no comments. M. COMMISSIONER DISTRICT 2 (RICK WILSON, CHAIR) M.1. Chair Wilson Comments. Minutes: Chair Wilson had no comments. O. EXPEDITED HEARINGS PURSUANT TO RESOLUTION NO. 2022-089 Page 4 of 20 Minutes: County Attorney Randy Mink reminded the audience of the procedures for the expedited public hearings and public hearings. He swore in those who plan to speak. O.1. Public Hearing (LDCPAL-2024-14 Poinciana Subdivision CPA Amendment) (Transmittal Hearing) to consider the adoption of a Large-Scale Comprehensive Plan Amendment to change the Future Land Use designation on 160 acres from Agricultural/Residential-Rural (A/RR) to Residential-Low (RL) and Rural Development Area (RDA) to Utility Enclave Area (UEA). (No Fiscal Impact). Minutes: Land Development Director Ben Ziskal discussed the proposed future land use changes. He said the Planning Commission and staff recommended approval. Commissioner Scott discussed his concerns with the road conditions. He said this is two dead end roads currently and there will be a road that is not connected. He said it is a set up for disappointment. Chair Wilson opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Martha Santiago AYE: Troutman, Wilson, Braswell, Santiago, and Scott O.2. Public Hearing (LDCT-2025-3 Stressed Basins and Stormwater Management) (Adoption Hearing) to consider a County-initiated request to amend to multiple sections of the Land Development Code text to address stressed drainage basins, and improve stormwater management standards. (No Fiscal Impact) Minutes: Land Director Ben Ziskal discussed Senate Bill 180 and said they believe it will be signed by Governor DeSantis within the next several weeks. He said this is just a different version of Senate Bill 250. He said it will place restrictions on local government land use authority. He said this would apply to local governments entirely or partially within 100 miles of storms listed under the Federal Disaster Declaration. He said it also applies retroactively from August 1, 2024, to local governments impacted by Hurricane Debby, Hurricane Helene and Hurricane Milton. He said for one year after a hurricane makes landfall, impacted local governments may not propose or adopt more restrictive or burdensome amendments to the Comprehensive Plan, Land Development Code regulations, or procedures on the development review and approval process. He said this puts into question some of the bills the county has previously adopted over the last year. He said it does have a provision that if the county is challenged and loses the county would then be responsible for legal fees. He said he wanted the Board to be aware of this as they discuss the next 4 items; he said 3 of the 4 could be deemed restrictive or more burdensome. County Attorney Randy Mink said the question to the Board is do they want to proceed with these next 3 items or continue them to see if the bill is approved by Governor DeSantis. Discussion followed between the parties concerning the continuance. Page 5 of 20 Upon question, Mr. Mink said the way the bill is written currently the county would be restricted up to October 1, 2027. He said the whole state was affected. Chair Wilson said he pushed to have the surrounding mileage decreased. Commissioner Braswell said they need to let all of these cases go to Tallahassee. Upon question, Mr. Mink said if the bill is approved they will probably withdraw the items that they are continuing to the June 17th, Board meeting. He said they now have to go back and review everything that has been passed since August 1, 2024. Upon question, Mr. Mink said if this is approved it looks as though they cannot make changes until October 1, 2027. Discussion followed. Chair Wilson discussed Senate Bill 250 and previous hurricanes that affected the state. He said Polk County was put under the same regulations as the other counties on the coast who were affected greater. He said he fought against that and the mileage area was cut down. He said now all the work the county has done will be out the window. Commissioner Scott said there is power in voices and encouraged citizens to reach out to their representatives. He said this is more indicative of a push to have less restrictions. He said the Board is looking at human health and safety. He said they want to improve the safety and service the county provides. He discussed the bill and said the lobbyists of developers are pushing for this. He said he appreciates the county being proactive. He said he hopes the House and Senate can regroup and make this wrong a right. Continued to June 17, 2025. RESULT: CONTINUED MOVER: Bill Braswell SECONDER: Martha Santiago AYE: Troutman, Wilson, Braswell, Santiago, and Scott O.3. Public Hearing (LDCT-2025-4 1,000 Foot Public Hearing Mailer Radius) (Adoption Hearing) to consider a County-initiated LDC Text amendment to Chapter 9 Development Review Procedures, Section 960(A), Types of Public Notice, by removing the current text of a 500-foot distance in which mail notices are to be sent to area property owners and replacing it with 1,000 feet. (No Fiscal Impact) Minutes: Continued to June 17, 2025. RESULT: CONTINUED MOVER: Bill Braswell SECONDER: Becky Troutman AYE: Troutman, Wilson, Braswell, Santiago, and Scott O.4. Public Hearing (LDCT-2025-6 Mobile Homes in Plats Prior to 1971) (Adoption Page 6 of 20 Hearing) to consider a County-initiated request for the adoption of an LDC Text amendment to Chapter 3 Conditional Uses, Section 303, Criteria for Conditional Uses, Individual Mobile Homes, to allow mobile homes by right in subdivision plats recorded prior to May 20, 1971. (No Fiscal Impact) Minutes: Land Director Ben Ziskal discussed the proposed text amendments. He said the Planning Commission and staff recommend approval. Chair Wilson opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Michael Scott SECONDER: Becky Troutman AYE: Troutman, Wilson, Braswell, Santiago, and Scott O.5. Public Hearing (LDCT-2025-5 Coops & Roosters LDC Text Amendment) (First Reading) to reduce the setbacks for structures intended for the feeding and sheltering of livestock and fowl from 50 to 10 feet and prohibiting roosters and other disruptive fowl on properties less than one-half acre. (No Fiscal Impact). Minutes: Land Development Director Ben Ziskal discussed the proposed text amendment and said part of the proposed text amendment is considered "burdensome and restrictive" and part of it is not. He said this is a first reading and no action will be taken today. He recommended the second reading also be continued to June 17, 2025 to be consistent. Upon question, Mr. Mink said he thinks this item would apply to the Senate Bill discussed previously. Discussion followed. Chair Wilson opened a public hearing; no one spoke. Continued to June 17, 2025. RESULT: CONTINUED MOVER: Becky Troutman SECONDER: Bill Braswell AYE: Troutman, Wilson, Braswell, Santiago, and Scott P. PUBLIC HEARINGS P.1. Public Hearing (LDCDD-2025-1/ North Power Line Road 4th CDD Expansion) to consider the adoption of an applicant-initiated ordinance to expand an existing Community Development District (CDD) located partially in both Davenport and the unincorporated areas of the County. (No Fiscal Impact) Minutes: Erik Peterson, Land Development, showed slides and discussed the North Power Line 4th CDD Expansion. He discussed the public notices. He said it meets all the required criteria. He said the Planning Commission and staff recommend approval. Page 7 of 20 Chair Wilson opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Becky Troutman SECONDER: Bill Braswell AYE: Troutman, Wilson, Braswell, Santiago, and Scott P.2. Public Hearing to consider adoption of an ordinance granting an Economic Development Ad Valorem Tax Exemption to a new business, Supply Properties II, LLC, and approval of a Performance Agreement with the company. Minutes: Deputy County Attorney Sandi Howard reviewed the Economic Development Ad Valorem Tax Exemption to a new business, Supply Properties II, LLC, and approval of a Performance Agreement with the company. Commissioner Braswell said the county will be giving up approximately $90 million in property taxes over 10 years. Chair Wilson opened a public hearing. James Abercrombie said he has seen this done a lot. He discussed Publix also getting this benefit. He said the citizens are making up this difference. He said there is not enough research done on this to give our taxpayer's money away. He said he does not understand why the county has to help them. He said there needs to be a different way because this is not right. Chair Wilson closed the public hearing. Commissioner Braswell said he is not going to support this because he thought this program was to bring more jobs to the county. He said the county has 17,000 open positions listed on Indeed.com. right now. He said the county is giving away money. He said the county could do a lot with this money. He said will not support this. Commissioner Santiago said she is in support of this program. She discussed high tech jobs that are needed in this county. She said she does not see how else the county can progress if the county does not continue to be open and amenable to providing the ad valorem tax breaks to these industries. Commissioner Troutman discussed this program and said it is audited and there are reviews done. She said she supports this program. She said they need to diversify the economy in Polk County. She said it is critical for high wage jobs. She said the residents do not make up these taxes. She said this is a net win for the county. Commissioner Scott said he understands the concerns of this program. He said they do have positions that are high skill and high wages that they cannot fill with Polk County residents. He said they have enough population in Polk County to fill these positions they just need to be engaged. He said this is only one piece of the program. Chair Wilson said they have some great companies brought in on this program. He said he feels this is a very good program. He said there are other states fighting for Page 8 of 20 companies to build there. He said he sees both sides of the issue. RESULT: APPROVED MOVER: Becky Troutman SECONDER: Martha Santiago AYE: Troutman, Wilson, Santiago, and Scott NAY: Braswell P.3. Public Hearing to consider adoption of an ordinance repealing Ordinance 22-054, the Economic Development Ad Valorem Tax Exemption for Lineage Logistics Services, LLC Minutes: Deputy County Manager Sandi Howard discussed the adoption of an ordinance revoking Ordinance 2022-054, the Economic Development Ad Valorem Tax Exemption for Lineage Logistics Services, LLC. She said they were notified by the company that due to the current market and customer demand they will not be moving forward with building their company in Polk County as planned. She said staff's recommendation is to adopt the ordinance repealing Ordinance 2022-054, which will revoke the exemption previously granted. Chair Wilson opened the public hearing. Sean Malott, Central Florida Development Counsel, said they have annual audits. He said this company wanted to pull out of the program. He said this program was voter approved by 70%. He said there is a demand for quality jobs in the county. He said 50% of the population leaves the county for employment. He reviewed the recent audit that was done and its findings. He thanked the Board for their feedback and their support. Chair Wilson closed the public hearing. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Becky Troutman AYE: Troutman, Wilson, Braswell, Santiago, and Scott P.4. Public Hearing to consider adoption of an ordinance amending Ordinance 22-018, the Economic Development Ad Valorem Tax Exemption for Publix Super Markets, Inc. (IT Headquarters). Minutes: Budget and Management Services Director Christia Johnson discussed the amendment to Ordinance 22-018, the Economic Development Ad Valorem Tax Exemption for Publix Super Markets, Inc., IT Headquarters project. She said they are requesting to amend the start date by one year to commence in 2026 and run through to tax year 2035. Chair Wilson opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Becky Troutman Page 9 of 20 SECONDER: Martha Santiago AYE: Troutman, Wilson, Braswell, Santiago, and Scott P.5. Public Hearing (LDCPAL-2024-17 Stuart Thornhill Road CPA) (Transmittal Hearing). This is an applicant-initiated Comprehensive Plan Map Amendment to change 326.92 acres from Agricultural/Residential-Rural (A/RR) to Residential-Low (RL), Residential-Low (RL) to Residential-Medium (RM), and from Rural Development Area (RDA) to Urban Growth Area (UGA) on the Future Land Use Map. (No Fiscal Impact). Minutes: Mark Bennett, Land Development, showed slides and discussed the proposed map amendment. He reviewed the public notices and public response. He said the Planning Commission and staff recommend approval. He said this is a transmittal hearing and if is it approved it will be sent to the Department of Commerce in Tallahassee. He reviewed the map amendments. He said the property is cut in two by the Polk Parkway. He discussed the original request; he said staff had concerns about the potential units and compatibility. He reviewed the recommended change. He showed aerial photos of the site location and the possible impacts. He said this site was originally planned for urban growth. He said the applicant stated the parkway going through changed the merit of their property. Upon questions from the Board, Mr. Bennett said the original request allows for 15 units per acre and the revised request is for 17 acres of Residential Medium and 10 units per acre. He said there are no subdivisions in the surrounding area. He said the service level of Thornhill Road is Service C; he said this information came from the 2025 database. Commissioner Troutman discussed the number of reduced units. Mr. Bennett clarified that the information concerning Thornhill Road's service level came from the 2023 database. Bart Allen, representing the applicant, discussed the current owners of this property. He said this area has been significantly changed due to the construction of the toll road and flyover. He said the Stuart Family has owned this property for a long time and they are not developers. He said it is impossible to ignore that things have changed around them and said projects will change over time. He said they are asking for 17 acres of residential medium on the frontage of Thornhill Road. He discussed the growth and development to this area. He said everything around the property is residential low or higher, other than what is owned by the county. He said the Stuarts are landowners and they are trying to find what is best for this property. He said it meets the criteria for urban growth. He reviewed the existing future land uses in the area. He said this area is urbanizing and said this request is appropriate. He said staff recommends approval. He said if this develops there will be flood and environmental studies done. He requested that this be approved. He discussed the multi-family sites in the area. Chair Wilson opened a public hearing. Dewey Craver said he has lived in this area since 1986. He showed slides and Page 10 of 20 discussed the bay heads and said they feed into Lake Hancock. He discussed the possible flooding this could cause. He said they are trying to bring the springs in this area back. He discussed the Kissimmee River and the Everglades and their conditions. He said he is proud of Polk County and wants to see some of this land saved. He discussed the wildlife in this area and said they do not need this amount of homes in this area. Daniel Bence discussed the traffic in this area. He said the parkway will not take traffic off Beth Lane and Thornhill Road. He said he has lived here 30 years and discussed the flooding in this area. He said you can only supply water to a limited number of homes. He said when you pile people on top of each other you will have increased crime. He said he also has family that lives in this area. He said they are destroying the true Floridians way of life. Mike Harrison showed slides and discussed where his property is located. He said he has gone through 6 hurricanes and there was nothing but water in this area. He said the water fall out from the subdivision would be astronomical and ruin his home. He discussed the sand mine that was proposed in this area and he asked what happened to that project. He said they never heard anything else about that. He discussed the endangered species that are on his property and the surrounding property. He said they are asking that this be denied. Chair Wilson said the sand mine must not have gone through. Discussion followed. Cary Purcell said he moved out of Lakeland to get out of the city and in the country. He said it is a shame what is happening to Polk County. He said he know the Stuart Family did not want a road to go through their property. He said he moved here to raise his family, but said he is not going to stay here. He said Thornhill Road is very dangerous. He discussed the floodplain behind his house. He said is it a shame what is happening and he is dead set against this. Ezequiel Cuevas said he is new to the area and it is a blessing to be here. He said his property backups to the Stuarts and this area is all nature. He said he wakes up every morning and gives thanks to God. He discussed his property and said they should visit this area before they destroy it. He thanked the Board for their time. Francisco Hernandez, Jr. said he has lived in this area for a year. He said he wants to be versed on the studies they are doing. He said his house was flooded last year during the hurricane. He asked what changes will be made to accommodate the growth, traffic issues and infrastructure changes needed. Chair Wilson closed the public hearing. Mr. Allen said the sand mine was an approved use for this site but it is not moving forward. He said it will expire at some point. He said the flooding issues, traffic, and wildlife will be addressed with the studies that will be required. He said adjacent properties on Beth Lane are already at RL-1. He said it is intermixed with different land uses. He said this is not a proposed development; he said they are requesting a land use change for long range planning. He said they do have a recommendation of Page 11 of 20 approval from staff and requested that this be approved. He thanked the Board for their time. Upon questions from Board, Mr. Allen discussed the difference between rural and urban development. He said he cannot put residential low in a rural development area. He said this change will not impact the residential medium. He said the reason for the area that was requested residential medium was due to the intensity on Thornhill Road; he said that area made more sense for a higher intensity. He said the flyover bridge will be going right through this area. He said there is more flexibility with residential medium. He said he cannot make and estimate on what number of homes could be put in residential medium. Commissioner Santiago said the Stuart Family can sell this land to a developer and then it will be back before the Board again. Upon question, Mr. Allen said residential low allows for 1 unit per 1 acre. He discussed compatibility and the total acreage requested. Commissioner Scott said zoning is a feature to have the right road map moving forward. He discussed Lake Hancock and the water quality improvement projects the county has invested millions in. He said building near waterways allows for pollution. He said the state has lost 50% of its wetlands since the 50's. He said he will not let his children swim in the surrounding lakes. He said engineering studies will come but this is where is starts. He said he looks at this as a compatibility issue. He said he is passionate about this and wants to give the best guidance. He said he has seen this play book before. He said agriculture serves as a buffer to the residents and the lake and wildlife. He said he does not see this as compatible. Commissioner Braswell said he gets that this landowner is not a developer but they will sell it to a developer who will build the most houses that they can on this property. He said this flies in the face about what staff has said about transition area. He said residential medium seems very inappropriate for this area. He said he will not support this. Commissioner Troutman discussed the proposed land uses. She said they need to go RL-1 for the whole property and take residential medium out. She said this would make it more consistent with the neighborhood. She said she does not know if the applicant would be willing to make this change. Commissioner Santiago said this is why she asked why it was not all proposed to be RL-1. She said they need to make it consistent and more compatible. She said she does not approve of the residential medium. Mr. Allen said he understands the concerns about conservation, drainage and homes abutting swamps. He discussed the surrounding area around Lake Hancock. He said these are all important issues to address and they are addressing all of them . He said they will agree to voluntarily remove the 17 acres of residential medium land use request and make it all RL-1. He said they recognize the concerns of the Board and take that very seriously. Page 12 of 20 Commissioner Scott said he appreciates the reprieve on intensity. He discussed the conservation areas surrounding Lake Hancock. He said he does not feel that this is compatible. Commissioner Braswell said he agrees that it is not in the best interest to take the AAR land use out. Chanda Bennett, Land Development, clarified that the one part does not go to the state; she said RL will only go to the state. Motion to change all of the proposed land use changes to RL-1. RESULT: APPROVED MOVER: Becky Troutman SECONDER: Martha Santiago AYE: Troutman, Wilson, and Santiago NAY: Braswell, and Scott P.6. Public Hearing (LDCPAL-2024-13 Alderman Road CPA) (Transmittal Hearing). This is an applicant-initiated Comprehensive Plan Map Amendment to change from Agricultural/ Residential Rural (A/RR) and Residential Low (RL) to Business Park Center (BPC) on 75.0± acres of a parent tract of 166.0± acres, and a related text amendment to Appendix 2.135 adding a reference that the subject site has development conditions in Appendix E of the Land Development Code (LDCT-2024-20), and relating to the 166.0± acre parent tract and a sub-district change from Business Park Center-1 (BPC1) to Business Park Center-2 (BPC2) on 51.0± acres (LDCD-2024-7). (No Fiscal Impact) Minutes: Chair Wilson clarified that those remaining to speak are here for land use cases and not here for public comments. Chanda Bennett, Land Development, showed slides and discussed LDCPAL-2024-13 and LDCT2024-13. She discussed the proposed map and text amendments. She reviewed the advertisements, mailers sent out, and emails received in support and in opposition. She discussed the site location and the existing surrounding land uses. She said staff is focusing on micro-compatibility versus macro-compatibility. She discussed the limitations and enhancements to the development site. She discussed the surrounding warehouse in this area and building heights and proposed buffers . She reviewed the Planned Development Locational eligibility score matrix and how this project scored. She discussed the justification for denial of this project. She said the Board is requested to take action on LDCPAL-2024-13 but LDCT-2024-13 is a first reading and no action is required. Upon questions from the Board, Ms. Bennett confirmed that approximately 286 residential lots could be allowed for this property. She said the uplands in RL is 73.5 acres and 15 acres are in the wetlands. She said the staff and Planning Commission recommended denial. Bart Allen, representing the applicant, introduced his expert witnesses and asked that Page 13 of 20 they be allowed to testify as experts in their fields. Motion to allow for expert witnesses. RESULT: APPROVED MOVER: Becky Troutman SECONDER: Martha Santiago AYE: Troutman, Wilson, Braswell, Santiago, and Scott Minutes: Mr. Allen said this property is approximately 165 acres north of I-4 and said the Knight Family has owned this property for a long time. He said they have been very involved in the project. He said they are requesting approximately 57 acres of business park center and the remainder to remain residential low. He said this land use is adjacent to existing futures land use of business park on the south side. He reviewed the changes that they have made since the denial at the Planning Commission. He said they will enhance the stormwater improvements and they are volunteering to commit to the enhanced standards. He said this will bring the intended use into compatibility on a micro level with the surrounding area. He reviewed the boundary lines. He said they have consolidated the site and have brought it to a modification that will be compatible. He discussed the future land use change and subdistrict request; he said they have consolidated the site. He said they believe the proposal is consistent and compatible with the existing neighbors. Upon question, Mr. Allen said these modifications came after the denial of the Planning Commission. He said making these changes should have been done the first time around. Mr. Mink clarified that the changes were made after the first denial at the Planning Commission. He said there were two Planning Commission hearings; the first hearing was a denial and the second hearing the applicant withdrew. Discussion followed between the parties. Mr. Allen said they are requesting BPC-1 and BPC-2 on a portion of the property. He said with the limitations they are well within what is typically allowed. He said this is a less intense use. He said this area is in the transit corridor. He said this is consistent with the Comp Plan. Diane Chadwick, Stantec, showed slides and discussed the land use zoning and compatibility context map. She said I-4 has become a very popular industrial transit corridor. She said Plant City has approved multiple industrial uses along I-4 and their eastern edge. She discussed the truck stop that is coming to this area. She said this area is in an industrial hub now. She discussed the I-4 corridor and Comp Plan consistency. She said open space is on the north side. She discussed the access roads and the western boundary buffer. She said the site meets the required criteria. She said this will be adjacent to many other industrial uses. She said they worked with staff on the creation of restrictions to make this compatible; she discussed the proposed amendments and restrictions. She reviewed the landscape buffers and setbacks. Page 14 of 20 Upon question, Ms. Chadwick confirmed the one home remaining is the homestead property. Mark Wilson, Kimley-Horn, said they have done a lot of work on this site. He said this is an open basin and will adhere to the 25 year and 100 year flood requirements. He said they know this area will flood and it will continue to flood. He discussed the drainage calculations and how Hurricane Milton affected this area. He said it is a 2,100 acre basin. He said they will stay out of the wetlands to provide flood storage. He said they will not impact the flow path and surface water impacts. He said they feel they have done a good job to cluster the impacts to the south. Upon question, Mr. Wilson discussed the areas that will be excavated out deeper for more storage. He said they are doing cup for cup modeling. Mr. Allen discussed the appropriate use for this site. He said looking at the existing mapping and designations in this area it is looking for more industrial uses. He discussed Frontage Road and said it becomes Swindell Road. He said they are continuing the trends that exist there today. He discussed the traffic improvements in this area and reviewed the concept plan. He showed slides of similar industrial buildings and their buffers. He said they have done a lot of evaluations for this property. He said the development of this area, investment in infrastructure and site building restrictions drive the form of the building. He said even in light of the staff and Planning Commission denial, they believe there are a number of ways they can look at this site. He said they believe what they are proposing is the most appropriate and sensitive to the residents. He requested an approval to transmit. He said there are property owners in this area that are also in support of this project; he submitted the signature pages . Upon question, Mr. Allen said the site could be lower. Commissioner Scott discussed the site elevation and the buffering. Mr. Allen said he also has a 50 foot elevation for residential low. Commissioner Scott asked what information was presented to the surrounding residents concerning this project. He discussed the calls that he has received from residents. Upon question, Mr. Allen said he did not meet personally with any of the residents so he would not know what was presented. He said they did hold a community meeting and presented a number of different residential options and said they were all within the bounds of what is theoretical and potential on this property. He said there was nothing that was misrepresented. Commissioner Scott discussed the letters received in support of this project. He said some of the citizens live 10 miles away from the property; he said that does not bode a lot of support for the project. Mr. Allen discussed where the homes are located that are in support of this project. He discussed the emails that were received in opposition. He said they evaluated the Page 15 of 20 emails in opposition for similar purposes; he said out of 29 emails there were 18 emails and 9 were duplicate; he said 1/3 of them were a repeat. Commissioner Troutman discussed the number of possible homes that would be allowed in the 75 acres. Upon question, Mr. Wilson said there are 255 homes that could possibly be built in this area. He said that would include 23 acres. He said there will be similar impacts with a subdivision. Discussion followed. Upon question, Ms. Bennett said after their analysis they found 3-4 units will get you to 50 foot lots. She said something smaller gets you higher density. Commissioner Troutman said they are looking at approximately 255-290 units. Upon question, Mr. Allen said the changes that they made were significant and they did discuss the changes with staff. Ms. Bennett said they did not give the applicant any recommendations on how to modify this project. She said in the end the issue is still that whatever they do the community to the west is still sandwiched on three sides by development. Commissioner Scott said BPC is not compatible with the residential that is currently there no matter what changes they made. Ms. Bennett said staff's denial considers the 24/7 nature of warehouses and commingling of truck traffic. Chair Wilson opened the public hearing. Edward Leonard said this does not fit this area. He said the Commissioners are smart enough to understand what the Planning Commission and staff are saying. He said the legal part of this is that is does not fit. He said he is smart enough to know when someone is blowing smoke. He said there is a legality to everything. He said they had 3 feet of water on the road during the hurricane. He said he appreciates staff looking at this and thanked the Board for their time. Beverly Fitchett said there is a creek that runs behind her house and discussed the flooding in the area. She said there are homes surrounding the property and said this is not compatible for this area. She said they want to keep this area rural. She discussed the projects that have been previously denied in this area. Linda Swindell said she lives right across the road from the business park. She said she does not want houses in this area. She discussed the traffic issues and the other warehouses in this area. She said she is in support of this project. She said they are already getting more subdivisions, but they need more jobs. She thanked the Board for their time. LaNae Luttrell said this has been denied twice. She showed slides of the surrounding Page 16 of 20 area and said residents chose to live in this area because of the agricultural zoning. She said this has been deemed a wildlife corridor and should be protected. She discussed the increased flooding. She said most of their property is in the 100 year floodplain. She said water will flow to the lowest point. She said due to over development her home is now is a flood zone. She said there is a current study being done on the watershed that is not complete. She said this will put Polk County at a liability if they approve this. She said the property owners want to sell for top dollar but it is the Board's responsibility to make sure it is compatible. She said there are other options for this property. She asked that they support staff's findings. Commissioner Troutman asked Ms Luttrell if she lives in Polk County. Ms. Luttrell stated that she lives in Hillsborough County but water knows no boundaries. Alisa Kelly said her property is directly adjacent to this property. She said she is in favor of the warehouse. She said she does not want a large number of homes and the added traffic. She said she prefers a warehouse to 256 homes. She discussed the changes that are coming to this area. Ms. Luttrell stated that she was also going to read a letter in opposition from someone who was unable to be here. Chair Wilson asked her to sit back down and said he will consider letting her read it into the record. Anthony Campbell said he and his family live on Alderman Road. He said they do no want the added traffic to come down Alderman Road. He discussed where his property is located. He said the commercial property is not that far away. He said he has lived here for 56 years. He said he does not want to see a residential subdivision put there. Jeff Fitchett said staff has previously denied all of this. He said it is not compatible for this area. He said this is a rural area. He said he has lived in this area his whole life. He said this will be a domino affect of what will be happening in this area. He said he understands there will be development but a warehouse does not fit this area. Janet Benton discussed where her property is located. She said Charlie Taylor Road is nothing but homes on top of each other, swampland and warehouses. She said Plant City is zoning industrial in this area. She said they are in an influx of residential and commercial crap. She discussed the wildlife. She said she does not know how this warehouse could not affect this area. She said she has lived in her home 32 years. She said they never had flooding in this area until WellDyne was built. She discussed the flooding after Hurricane Milton. She said this is not fair. Jeff Raney discussed his property and the flooding in the area. He said he knows they have a right to sell their property. He said the traffic issues are already there. He said no one is addressing the needed infrastructure. He said all they want to do is build. Dalton Wilson said he is for the development of the commercial property. He said they Page 17 of 20 do not want residential houses built on this property because they will be in rough shape in 10 years. He discussed the surrounding commercial properties. Justin Adams said he is here to speak for his family who live in this area. He said a housing development would be detrimental to the surrounding areas. He said it is not the Knights problem that the surrounding areas flood. He said whether there are houses or warehouses there is going to be flooding. He said he is in support of the warehouse. Dennis Craig said WellDyne is the only large warehouse facility north of I-4; he discussed the site location. He discussed the frontage on Swindell Road that buffers their facility and discussed the access points. He discussed the conditions of Swindell Road. He discussed the trucks that are coming off of I-4 at Alderman and Swindell Road. He discussed the homes that are located on Swindell and Alderman Road. Josh Briggs said he is in opposition of this project. He discussed the flood studies that were previously done in this area. He said they found in those studies that this area is undeveloped and should be limited. He said all of the properties were previously denied by Hillsborough County planning and then annexed into Plant City to get it approved. He said no mater the jurisdiction it is still in the watershed. He said I-4 is a buffer zone. He said the fear tactic of telling people there will be a high number of homes versus one warehouse to this property is misleading. He said they will still have to go through the process to get it approved. He said it is irresponsible at best. Erica Summer said she is the listing agent the Knight family contacted help sell their land. She said this transaction was never taken lightly. She said they had a vision for their land and the neighborhood they have been a part of for many years . She said 100 years ago this landscape looked different. She said the Knights want to be thoughtful stewards of the land. She said despite easier paths they stayed committed to a buyer that held their same values. She said this is an emotional decision. Christina Knight said she has lived on this property for 50 years. She discussed the cattle business and her health issues. She said this property is her retirement and she is ready to retire. She said it is time for a change. Robert Hanson said he owns six parcels on Alderman Road. He said he would rather a warehouse be built in this area instead of homes. He said he has no issues with the warehouses in this area. He discussed the traffic issues. He said he is surrounded by WellDyne. Kara Knight said the truth is that most of the people in this area are against all development. She said they fight it because they believe they can stop all development. She said there is a level of residential development that can come to this area without Board approval. She discussed the proposed project. She read the names of those who could not be here but who are in support of this project. Mr. Allen said they have a piece of property that is ready to be developed. He said a warehouse would be less intense than residential development. He said they are trying to put development in the right spot. He said this project is in the appropriate place. He Page 18 of 20 asked that this be approved and transmitted to the Department of Commerce. He thanked the staff, citizens and the Board for their time. He requested approval. Chair Wilson closed public hearing. Commissioner Braswell said this was denied by staff and the Planning Commission. He said the applicant spent 30 minutes explaining drainage, which should be a huge red flag. He said the best scare tactic is telling citizens if this is not approved there will be a large number of homes built. He said it is the best one he has seen yet and he has been here for 11 years. He said this will be a no from him. Commissioner Scott said there has been gas lighting about this project. He said citizens were told there would be 4,000 cars a day on Alderman Road and that is unfortunate. He said this hearing is on whether business park is compatible in this area. He said it is not about one choice or the other. He said RL-1 has vested rights and there are limitations. He said he is ready to propose a motion. Commissioner Santiago said there will be development in this area. She said either commercial or residential will affect this area. She said she does not want to see commercial in this area. Commissioner Troutman said that the true wish is that there be no development. She discussed property rights. She said when she looks at what is already vested in this area she struggles to see how residential would be less intense than commercial. She said the choice of no development is not an option. She said commercial is a fit to this area. She said they are talking about Polk County and how it exists today not 100 years ago. Chair Wilson said he has heard a lot and everyone has property rights. He said there are people who have lived in this area a long time. He said most people want do not want change. He said this is not a development. He said he will not support this. Motion to deny LDCPAL-2024-13. RESULT: APPROVED MOVER: Michael Scott SECONDER: Bill Braswell AYE: Wilson, Braswell, Santiago, and Scott NAY: Troutman P.7. Public Hearing (LDCT-2024-20 Alderman Road Text Amendment) (First Reading). This is an applicant-initiated Development Code text amendment to Appendix E adding Conditions for development on parent tracts totaling 166.0± acres, related to a Large Scale Comprehensive Plan Future Land Use designation change (LDCPAL-2024-13) from Agricultural/ Residential Rural (A/RR) and Residential Low (RL) to Business Park Center (BPC) on 75.0± acres, a Text Amendment to Appendix 2.135, and a sub-district change from Business Park Center-1 (BPC1) to Business Park Center-2 (BPC2) on 51.0± acres (LDCD-2024-7). (No Fiscal Impact) Page 19 of 20 Minutes: This item heard with previous item. Motion to not move forward to second hearing. RESULT: APPROVED MOVER: Bill Braswell SECONDER: Michael Scott AYE: Wilson, Braswell, Santiago, and Scott NAY: Troutman P.8. Public Hearing to consider the adoption of an Ordinance of the Polk County Board of County Commissioners prohibiting camping on certain property, unless specifically authorized. Minutes: County Attorney Randy Mink discussed the adoption of an Ordinance prohibiting camping on certain property, unless specifically authorized. He recommended approval. Chair Wilson opened a public hearing; no one spoke. RESULT: APPROVED MOVER: Becky Troutman SECONDER: Michael Scott AYE: Troutman, Wilson, Braswell, Santiago, and Scott ANNOUNCEMENTS Minutes: Chair Wilson adjourned the meeting at 12:57 p.m. Page 20 of 20