number one on the agenda ldcu 2023 19 is being continued indefinitely it will be re-advertised when uh when necessary is that it that's it any questions from the board okay i'll close the workshop right and reconvene the planning commission meeting at 9 a.m everyone at this time i'd like to open up the planning commission meeting can i have a roll call for determination of a quorum please running heath here robert beltran here david dalton i am present mike hickman bocognini tommy addison and mike smith mr chairman we have a quorum okay thank you can we all stand for the pledge of allegiance please okay at this time i'd like to have a motion to adopt the minutes from the august meeting so moved okay okay motion second all in favor say aye aye opposed motion carries thank you and there is one revision to the agenda if you could go ahead number one on the agenda the mine and mill aggregate processing case has been uh continued indefinitely and we'll be re-advertised when necessary okay any questions or comments from the board see none okay thank you at this time if you'd like to explain the general procedures i will mr chair the office of planning and development will introduce the case and disclose any response responses to the no notification that were not already provided to the plan commission and their packets the office of planning development will present their staff report and recommendation anyone in the audience who wishes to speak and present testimony on the case will be sworn in the applicant and others in support of the opposition of the case will be given the opportunity to speak the applicant will be given the opportunity to respond to any opposition testimony the commission will discuss the case and vote on the matter the expedited hearing procedures expedited hearing procedures may be used by the planning commission under the following circumstances there is no opposition to the case present at the hearing and the recommendation of the office of planning and development is for approval and all of the commission members present will wish to use this procedure level three reviews pursuant to section 906 of the polk county land development code on level three reviews the planning commission may approve the applicant's request deny the applicant's request or approve the request with additional condition additional conditions pursuant to section 921 of the land development code the applicant or any substantially affected interest on the petition that has been heard may appeal the final decision of the planning commission to the board of county commissioners by filing a formal application with land development division and paying the application fee the appeal must be filed with the land development division within seven calendar days of the planning commission's hearing the plant the board of county commissioners shall set a date and time for the de novo hearing if a party decides to appeal a decision made by the the planning commission with respect to any level three review he or she will need to record and may will need a record and may need to ensure that a verbatim record of the proceedings is made the record includes all testimony evidence given at the hearing each person or party that qualifies to file such an appeal must independently exercise their right of appeal in order to preserve that right a party cannot and should not rely on their right to appeal being preserved by someone else filing an appeal on the same matter please be advised that a party may withdraw their appeal to the board of county commissioners prior to the de novo hearing if any party withdraws their appeal and another party failed to file an appeal there will be no appeal or hearing on the matter before the board of county commissioners the application fee fee will not necessarily be refunded for such withdrawal please be advised that if a de novo application is filed with the board of county commissioners to be recognized during the de novo hearing as organized opposition you must either file the application for de novo hearing or receive written authorization from at least five entities or individuals speak on their behalf against the application and they have agreed to waive the ability to speak during the public comment portion of the de novo hearings level four reviews pursuant to section 907 the land development code the planning commission's decision on level four views is a recommendation to the board of county commissioners the board of county commissioners will ultimately ultimately decide the matter mr chairman would you like me to swear in all the witnesses for the cases today yes please if you're going to address the planning commission or speak today on any case please stand raise your right hand and answer out allow the following question do you swear or affirm that testimony you provide today is the truth the whole truth and nothing but the truth mr chairman at this time i'd like to um admit have the land planners for the county admitted as expert witnesses that you all have provided resumes of the land planners and and they have been previously admitted as land planner or experts in land planning and at this time i ask for their missions as experts second motion second all in favor say aye aye opposed motion carries thank you and then any party was wishes to submit expert witnesses you can do that at the time of your presentation today's agenda going through quasi-judicial hearings today's agenda includes a quasi-judicial land use hearings which means the action entails applying land development policies to a specific land development application in a fair and impartial manner the commission's review is limited to two areas consistency and compatibility regarding consistency the commission must determine whether the application is consistent with both the comprehensive plan and land land development code and the staff report and presentation provides you with expert analysis opinion regarding the applicable criteria and recommendation as to whether the application is consistent with those criteria regarding compatibility the commission must determine whether the application is compatible with the surrounding area the commission will be presented with testimony evidence at the hearing both written and oral by law the only evidence the commission can consider is competent substantial evidence which means evidence that's sufficiently relevant and material that a reasonable mind would accept as adequate to support a conclusion the following items are confident substantial evidence evidence that is fact-based and relevant to it the applicable criteria staff report and staff presentation citizens testimony can be competent substantial evidence so long as it is fact-based and can include testimony regarding subjective matters that do not require expertise such as aesthetic incompatibility of a project with the surrounding neighborhood however popularity polls petitions test testimony that is hypothetical speculative based on fear or consist of generalized statements do not address the ldc criteria and are not competent substantial evidence for example fear that the project will cause increased traffic or and crime is not competent substantial evidence when expert expertise is required for technical issues like traffic is near drainage wetland impacts schools and utility capacity capacity light and noise book pollution or the application's impact on property value citizen testimony is not competent substantial evidence unless the witness is qualified as expert witnesses lastly the board is experiencing these matters and is able to discern what is legally relevant to an issue and what is not information that is irrelevant or repetitive only serves to frustrate and necessarily prolong the day's business the commission expects civility at all times during all public hearings speaking out turns shouting out from the audience disrespectful sounds or utterances while another is speaking are unacceptable and you will be asked to leave the chambers up for the remainder of the day thank you mr. chair okay thank you at this time i'd like to ask that you could turn your cell phones to vibrate or off that so nobody gets disturbed and also just keep in mind that when you come up to speak for or against this case we're going to allow you three minutes there is a timer up above here as you can see and we we strictly adhere to those three minutes so we can get everybody and wants to make a comment the last thing i'd like to do is like to welcome the new member michael schmidt uh thanks for serving serving on this board and and at oh and and also we got mike hickman over here i forgot about him yeah we go way back i'll try not to hold that against you welcome both of you thank you for serving and at this time we'll take the first case all right good morning ian ass land development staff recommends approval of this request for a 2400 square foot religious institution located west of us 27 north of state road 544 south of us 92 east of dyson road and south of haynes city in section 31 township 27 range 27 for the record 71 mailers were sent to area property owners on august 17th two signs were posted on august 18th and a legal ad was published in the ledger on august 16th staff has logged two responses in opposition here's a context image of the site located north of lake henry the parcel is approximately 7.7 acres but the church will be located on just over an acre of this within the residential suburban land use district and this is a closer look at the site lake henry estates is to the west the church will be located at the corner of dyson road and fowler lane these are local roadways which don't typically support residential uses but the proposed institution is modest in size and intensity according to the application the structure will be approximately 2400 square feet and host sunday services for approximately 20 members there will be ample parking and structures will be set back a minimum of 50 feet from residential property lines per ldc requirements landscaping standards will be met with the limited usage usage there is no need for a traffic study or roadway improvements religious institutions are complementary to residential development the impact on public services and infrastructure with this request will be limited and the site plan can meet all ldc standards again staff recommends approval finding the request compatible with surrounded uses and i'll stand for questions any questions of staff say none okay is the applicant available i'd like to come present their case please mr chair i'll ask them one to any commission members to disclose any expert take communications or site visits seeing none thank you mr chair all right make sure give us your name and address for the record please golly 3831 old hane city lake alfred road hane city florida 33844 okay do you agree with everything in the staff report yes sir would you like to make any other comments a few comments this property actually agriculture zoned previously and it's a dead orange grow and it was in a very bad condition we cleaned up everything 2021 definitely this church is going to make good prosperity to the area and good energy to that area okay anything else no okay go ahead we got one objection for this one we have a written uh answers for the objection i want to present that one we are good okay thank you is there any questions of the applicant she not okay thank you appreciate your presentation at this time i'm going to open up the public portion to the open up the public meeting is there anyone in the audience that would like to speak for or against this case please come up and uh if you'd like to you can come up and make comments now keep in mind three minutes is a time limit yes sir and name and address for the record how you doing my name is carl krieger i live at uh 476 sweetwater way the community right across from them our main concern at least my main concern is we've had five people die on that road from dyson road to 1792 because of traffic uh it's hard to see in the morning i don't know how many actual accidents have been there our concern is that uh the original request says they're going to be putting rv storage and rv parking for up to 30 days at a time the concern is we have tractor trailers coming out of abc uh roofing company or construction company we also have uh huge amounts of linen coming out of the uh linen washing center that's on that road to add more rv parking and storage and travel down that road it's a two-lane road it's hard to get by sometimes especially with the the way the sun goes in that area we're just concerned that more residents are going to get into accidents we've had two of our residents die and three other people yesterday they had a major accident of a motorcycle uh dying on that road we are concerned of that it says that if they don't have ample parking on his letter that he just put up that he's going to convert another 1.14 acres if there's only 20 people one acre only 20 people going to that church one acre should be more than enough for his religious things and i don't would like would not like to see rv storage becoming part of that community thank you okay thank you anyone else like to come up and speak for or against this case again please state your name and address for the record please uh my name is cynthia williams and i live at 545 club hill road haynes city florida 33844 and i'm um i live within lake henry estates i'm also testifying here making comments for myself as well as i'm vice president for the board of directors with lake henry estates so similar to what carl is saying our our main entrance way exit and entry from lake henry estates is is right across the street from the locate the land where the uh there's already a building there and now he wants to add a church the dyson road is extremely narrow and our concern because being a 55 and above community we have almost daily if um a police and fire rescue coming in and out of our entrance way and i'll sold an awful lot of trucks because of different things that people are doing in the in the built in the river if there's going to be any on-site parking needed because there's not enough space on the property that's going to make the road even more narrow than it is we've asked um the the uh dot to um repave the road and make it and also you know cut the grass and stuff on the side of the roads and they occasionally they'll cut the grass but they've denied all of our requests for having the road resealed made safer maybe even a little bit wider and i agree with carl on we have a we call it daily weekly our uh contact for the asking for a traffic light at the corner of 1792 um and dyson some of the other concerns that we have is um i don't know i have no problem with a religious institution i just don't know what that's going to involve we live by deeds of restriction and have our residents also live by that and part of it in there is um is that there's no loud noise or any activity with building or whatsoever before eight o'clock in the morning and also limit it at night so that people will not be disturbed when and to go back to the beginning i bought my house in 2013 and i was told that it was originally a leaching field for a neighboring plantations landing and that nothing could be built over there then later i heard it was heard because we never received any notification it was rezoned to be agriculture and then there was nothing there for clung time and then not too long ago there were three cows that were over there then then i guess it got rezoned to residential which we were never informed of a hearing or anything like that and now we found out just a last wednesday that it's going to be rezoned for religious institution so we have concerns because i don't know what's going to happen to that whole block of land i mean there's a separate building that we don't even know what that's for and now he's asking for another building over there and are there going to be other buildings over there and and and we have the concern about the the rvs that are going to be there for i think believe it says uh 30 days at a time is that going to um cause a problem with is there going to be some kind of a system for dumping waste and whatever i don't know all i know is i'm done thank you thank you very much okay is there anyone else like to come up and speak for against this case on bagel 481 sweetwater way resident of haynes of uh sweetwater way and uh my biggest concern and i got photographs of a semi and a school bus on that same road they both have to get off the road to accommodate so if you're pulling rvs in there there's not enough room at the same time their interest to get dyson road and ours are opposite of each other there's no way that you're going to get both of them out at the same time same way with carl crater with the number of accidents out on 1792 that is in your in the county's planning commission on the state planning commission of putting a light in there thank you thank you anyone else again name and address for the record please i'm myron coon i live at 537 waterford drive hane city florida 33844 some 30 years ago they started a community there out of the sand on the north side of lake henry people put their heart and souls and sweat and blood into the making a beautiful community that is known as a hidden pearl in polk county and we have now a situation where we do not have the water sewer and also the width of a street that we need to in order to facilitate 280 homes plus 300 employees at crown linen and all of the other areas that we have there and then we understanding that this was residential it certainly would behoove us i believe to have homes built in there rather than have something that will not contribute to the property values for we citizens in the community and further talking about the road i have been in construction management all my life and have been involved in building many construction roads and that road is cracked broken too narrow and it needs to be worked on and dig out areas that are defective put the appropriate aggregate in there and widen it and take care of it plus the fact that we definitely need traffic control out there with all of the people that are coming in and out of there with crown linen in addition to all of this other issue and for those reasons i just feel like it's not in the best interest of lake henry estates to have this zone in the manner that you have requested thank you thank you so much anyone else in the audience good morning good morning name and address please my name is patricia home jack i live at 661 waterford drive haynes city and i also live in lake henry estates and i want to reiterate what my neighbors have said to you in opposition of of what the planning is um right across from my community when i bought there the safety the quiet was an incredible place to live out my my years and with what is being presented to happen across a narrow road from me which is my only entrance to come and go um i fear for that and i hope and pray that all of you take into consideration what this 55 and older community would have to cope with if this is allowed to proceed and i thank you thank you again anyone else in the audience like to come up and speak for against this case seeing none i'm going to close the public portion of the meeting bring it back to the applicant if they'd like to make any comments on any statements that were made and also staff and i have a question but go ahead okay i'll see if i can cover it here first of all rv storage recreation vehicle storage is not permitted in rs not in a commercial use what they're referring to is uh in section 303 of our land development code for religious institutions that allows limited rv parking for visiting clergy so it's not something that's open for the public or something that's going to be a weekend event it's simply a it's something we had just a few years ago to allow clergy to have a legal connection at the church and again that's limited to only three times a year right correct it's up to five percent of the parking area which you know we've only got 15 spaces here and potentially some other grass parking because you can have grass parking with um churches but yes up to 90 days a year but no overnight you can stay up to 30 days oh limited number three times a year for visiting associates of the institution so it's not so it's not open just to the public it has to be someone who's visiting associate to the um church yeah okay that was my question okay and a couple other things too if they expand this at all it's going to require a modification um they'll be back in front of you up to i think it's five or ten percent um which again isn't much um let's see what other notes i have here if they do decide to develop this property further with homes somebody brought that up this is a residential suburban land use district which allows one home per five acres to go above that it's going to require coming back in here again for suburban plan development and going through that process again this is a very limited use it's 2400 square foot church there are probably homes in that community that size and it's anticipated to be a very small number of people okay thank you does the applicant like to make any comments at all okay thank you at this time i'm going to close the public meeting and bring it back to the board for discussion and or motion approval of ldcu 2023-20 second i got a motion second roll call please running heath or the motion robert belchon currently absent david dalton i'm for the motion mike hickman brooke ignini tommy addison and mike schmidt mr chair passes 60. okay thank you so much all right thank you next case please yes yes yeah you're gonna leave all right for the record ian nance land development staff recommends approval of ldcu 2023-21 a request for two duplexes in a residential low four land use district the subject site is located east of gay road south of old tampa highway west of wilkinson road northeast south and west of lakeland in section 21 township 28 range 23 on august 17th 20 mailers are sent to area property owners one sign was posted on august 9th and a legal ad was published in ledger on august 16th staff has received no responses this is the site on the east side of gate road between a railroad and electric utilities other duplexes are located in north which were approved in the 80s the site is located within the rl4 land use district with acreage available and the request limited to four toll units the request meets that district density standards which can reach up to 12 units per acre but this application is just for 3.39 units per acre each duplex structure is 2 600 square feet setbacks and other relevant development standards found in the land development code are met with this application really this is about structure type and compatibility with other uses duplexes are located north as it shows on the screen i mentioned earlier if the property directly to the north wish to build a duplexes they could do so with administrative approval through the county's residential info rules other housing types are found in the immediate area including site-built homes and mobile homes these are all single-family uses which staff finds compatible impacts on services and roadways are limited the application meets all standards in the ldc and comprehensive plan that i thank you and stand for questions any questions of staff see none okay is the applicant available like to come up present your case please mr chair i would ask any commissioners to recute or disclose any ex parte communications or site visits at this time seeing none thank you mr chair thank you hi good morning for the record sarah case next level planning and permitting address is 3825 south florida avenue in lakeland and i'm here today representing gad and associates on this case before you pretty straightforward we're an existing rl4 land use district we're allowed um by right the four units per acre um and in the transit area that we are we could have up to 12 which would yield 14 on this site we're asking for four units two duplexes the reason we're here before you is because they are duplexes considered multi-family so like staff indicated we're right around three units per acre um but we do need this conditional use approval moving forward to build the two duplexes so i'd appreciate um your vote in favor and i'll stand for any questions thank you any questions the applicant see none okay at this time i'm going to open the public portion the meeting is there anyone in the audience i would like to speak for against this case see no i'm going to close the public portion bring it back to the to the applicant or the or the staff or the board for a motion and or discussion chair move to approve ldcu 2023-21 second motion and second roll call please running heath for the motion robert beltrance currently absent david dalton i'm for the motion mike hickman book ignini for the motion tommy addison and mike schmidt motion mr chair it passes 6-0 okay thank you all right you can ask land development and this is agenda item number four ldcu 2023-22 request for a mobile home in the eloise area the subject site is located west of snidely avenue north of fourth street south of highway 17 east of the city of eagle lake in section 5 township 29 range 26. on august 17th 84 mailers were sent to area property owners one sign was posted on august 17th and a legal ad was published on august 16th staff has logged no opposition mr chair i'd like to make a motion to expedite motion to expedite have a second is there anyone in the audience i'd like to speak for against this case seeing none i got a motion and second for expedite all in favor say aye aye motion carries thank you i got a question before you go further eric we've talked about this in the past you guys were going to try and make mobile homes like an administrative is you still working on that this one kind of slipped through the cracks and i can show you an example here if uh there was a mobile home right here where i'm moving the cursor it could come in right now you need to have a mobile home right next door to you so a lot across the street could come in administratively still kind of left that gap in there okay all right thank you you know and saying that you know make this quick here we've approved several the planning commission's approved several here in uh this particular subdivision over the years and this is just one more as these start filling out they'll you know these lots will start developing administratively okay thank you this meets ldc and um comprehensive plan is compatible with surrounding uses and i'll stand for questions any questions of staff okay thank you is the applicant available like to come up present their case is the applicant available and in the past what we've done is if there's no opposition we go ahead and act on it i don't see an issue with going ahead and moving forward with it mr chair okay and if that's the case then i'm gonna bring it back to the board for a motion and or discussion mr chair i move to approve ldcu 2023-22 second we got a motion and second roll call please running heath for the motion over belt john's currently absent david dalton i'm for the motion mike hickman brook ignini tommy addison and mike schmidt mr chair passes 6-0 okay thank you next case please record again ian nance land development agenda item number five is ldcu 2023-28 a modification request to an approved soil mine and phosphate mining and agricultural residential rural land use district this modification will add new property to the mine area and reduce setbacks to vacant properties along rights-of-way as permitted by the land development code with planning commission approval both will result in an additional 30 acres of mining area the mine is located south and east of nickel road nickels road east of anderson road north and south of hillgrade road south of the city mulberry in sections 9 and 16 township 30 range 23 on august 17 21 mailers were sent to area property owners 11 signs were posted on august 8 and the legal ad was published in the ledger on august 16th staff has logged no comments and recommends approval this was approved by the planning commission on june 5th 2019 the original mine was approximately 220.8 acres with additional acreage set aside for wetland conservation entrances were approved off nickels and anderson roads the west of the site as i said this modification will be adding roughly 30 acres to the mining area by adding additional property on the southeast corner of the site and reducing setbacks along anderson road the application also requests the setbacks to be reduced from 100 feet to 25 feet were adjacent to vacant residential properties here's a closer look access to the site will remain the same but there will be a needed that be a need for cross access across hill grade road though mining trucks won't be permitted to travel this roadway to haul material hill grade road is a local residential roadway with a handful of homes this might expansion will have minimal impact on the existing homes when compared to the original approval all mining activity must remain 100 feet from developed residential properties and a minimum of 200 feet from residences these are the reclamation post closure plans when mining is finished ponds and pasture will remain reclamation will be an ongoing process over the life of this mine and staff recommends approval mining is kind of the history of this nickels area and this is far less intense than the phosphate mining of the past there are no batch plants or processing plants associated with this request and the amount of traffic generated by this modification will not increase the request is consistent with the standards of land development code and comprehensive plan and compatible surrounding uses with that i think you'll stand for questions any questions of staff see none okay is the applicant available i'd like to come up and present your case at this time mr chair i'll ask any commissioners who who may have had site visits or exports a communications disclose it at this time hearing none thank you mr chair thank you good morning mr chair planning commission members dave carter professional engineer 137 fifth street northwest winter haven carter k engineering both tom and patrick mims are here with me today this mine's been in operation for about three years now the planning commission approved it unanimously back about three years ago as i said there's been no code violations at the mine site the owner indicates the mine although it was permitted for 40 years which is what's often done is about half exhausted at this point the track on the southeast corner that's the main focus of the request at the time my understanding our firm wasn't involved but my understanding is that the uh track was in a different corporation name and the and the consultants were not aware of that and um with the mining proceeding as quickly as it is they're trying to get every every bit of dirt out of there they as they can and so they want to go ahead and include this track staff indicated it was um reclaimed about 2007 from my review review of the aerials it was an active mine phosphate mine prior to that so the tailings are in there and so we're trying to get some of that dirt and sand out of there for use for construction there's no other changes to the mine the operation plan as far as the entering and exiting and uh the standard details are all pretty much the same as the original uh mine plan uh just so you know the the um the distance between the mine and the roads and the surrounding properties the mine itself when many of you are familiar with the retention pond that they're building with subdivisions and other projects with four to one side slope the edge of that mine looks about what you would have for a retention pond in terms of slope and and uh the way it's graded and so we've done probably a dozen mines in the last 20 years our firm has and we often seek that reduction and setback we think it's appropriate and county engineering has um to my knowledge has never turned down a request where we've where we've tried to do that so that um reduced setback was not um asked for in the original submittal and so we'd like to go ahead and take advantage of that now with this request that's all i have today for you uh commissioners i'll be happy to answer any questions any questions an applicant one day these pot what post uh mining these these will be wet bottom ponds there will be there will be water at the bottom based on the uh on the depth yes sir any other questions of the applicant okay dave thank you is there anyone in the audience that would like to speak for or or against this case well first off i'm going to open the public portion and then ask that same question seeing none i'm going to close the public portion and bring it back to the board for discussion and or a motion mr chair i move to approve ldcu 2023-28 second the motion and second roll call please for the motion belatron still currently absent david dalton i am for the motion mike hickman brooke ignini tommy addison and mike schmidt mr chair it passes six oh okay thank you next case please all right next up is ldcu 2023-43 the applicant is requesting a conditional use approval for a mobile home park located in a residential medium land use district the request includes 80 mobile homes and associated amenities the site is located north of lowell drive south of leisure lane east east of walton shores boulevard west of club circle northeast of the city of frost proof in section 22 township 30 range 29. on august 17th 103 mailers were sent to area property owners five signs were posted on august 12th and a legal ad was published in the ledger on august 16th staff has logged seven responses in opposition and 10 responses in support amy little is your planner is this conditional use day it seems to be good morning amy little with land development ldcu-2023-43 is a request for a mobile home park within a residential medium land use district the request is for 80 mobile homes on 13.37 acres within residential medium land use districts densities up to seven dwelling units per acre are allowed by right and with a plan development they can get up to 10 dwelling units per acre the request however is not about density it's actually about the structure type that's being proposed mobile home parks within residential medium land use districts require a c3 conditional use approval by the planning commission subject site is located east of lake wales northeast of frost proof just south of highway 60. here's a closer look at the property to the east of the subject property is lakeshore club which was originally established in the 1960s as fed haven which was a retirement community for federal employees to the south of the property is village green apartments and to the west is walden shores which is a mobile home park you can see these properties have similar densities walden shores has ample room to expand as well the need for the conditional use is that this is a proposed mobile home park if the request was for single family residences or even multi-family this request would not be required again residential medium allows up to seven dwelling units per acre the proposed density is 5.98 dwelling units per acre so it's less than what they could achieve by right this area is unique and it is in a utility enclave area which is a development area that recognizes existing isolated areas with urban development that have centralized water and sewer systems this area is serviced by gold coast utilities which is why this area was designated the uea development area and given the rm land use district given what was on on the ground basically the applicant will be required to submit at level two they will need to demonstrate that gold coast utilities has the capacity for water and waste water here's the provided site plan the applicant has demonstrated they meet all standards in section 303 of the land development code including recreation requirements the appropriate buffers have been provided as required by chapter 7 of the land development code for compatibility purposes there are similar densities in the surrounding area and a mobile home park immediately adjacent to the property to the west the applicant has expressed that their desire is to develop this mobile home park very similarly to what is next to it at walden shores here's an impact assessment there are adequate services to the site including parks emergency services school roadway water and sewer services there are no wetlands or flood plain on the site again the request is requires the conditional use approval because of the structure type if they wanted to put multi-family here they would not even have to come in for that as long as they were under the seven dwelling units per acre the site is allowable has the allowable density below what's allowed and it has sufficient infrastructure so to support the request it is compatible with the surrounding uses and it meets all other standards and the comprehensive plan and the land development code and with that i thank you and i'll stand for questions any questions of staff see none okay thank you the applicant available like to come up present your case please uh good morning i'm matthew johnson with jsk consulting my address is 5904 hillside heights in in lakeland florida zip code is uh uh i i i i i'm here um as the the the applicant and also the engineer of record this morning um always like to say um i appreciate everyone's time and being here we've had um a lot of great uh discussions and and uh working together with the uh county staff i also have the the owner and a developer here as well to answer any uh questions you i mean you guys might have uh just real quick uh uh i i know everyone's busy and mindful everyone's time this morning as mentioned by uh staff our land use is rm and does um allow um apartments and a single family um so without a conditional use but as mentioned the reason we're here to this morning is because of the type of of of of the buildings we're doing is um a pre-built home um i really don't like the term a mobile home because it has a negative attitude but uh these are our pre-built homes as mentioned um we do have a buffering along our road rightways in accordance with um land amina development code um our our use is uh compatible with existing uses around us as mentioned on the west side of us there's an existing mobile home community um on the east side of us is an active adult amina community on the south side of us there are actually apartments on there as well um these pre-built homes are going to be um i mean managed by a professional team on site our community is catered to the active adult lifestyle so people that are retiring will have the opportunity to come down and enjoy the sunshine state and in the retirement and golden years if you will um we will have um amenities on site so this is not a um a trailer park if you will um this is not an old school trailer park a mobile home this is again all pre-built homes are managed on site amenities on site golf cart paths uh walking paths we do have a um a nice uh wet pond uh concept on the southern side of our site we do intend to put a nice walking path and even a golf cart path around that for our residents we will have an on-site amenity center as well for people to gather and and um you know enjoy company with each other um i wanted to also mention um as mentioned by staff the infrastructure is there to support this development um ample roadway capacity um water sewer is available and as a matter of fact our use is going to be a less intensive of a use than um a multi-family home would be or an apartment complex or a single family home these active adult communities uh generate less traffic uh less noise um uh less impact to the school systems and are generally a great asset to the community so with that i just wanted to i clear that up this is not a trailer park this is an active with all community much like um the existing use um adjacent to our west we do have a 10 letters in in in our support of this uh development that we received from the adjacent um meaning community so i'm not sure if they were already entered into the record or not but i do have a 10 letters here of support so and with that i just want to stand for uh questions and i understand there may be some residents here with a few questions we'd be i'll be happy to answer um and and um answer any staff or uh citizen questions we have thank you all very much okay yeah go ahead mike yes sir yes sir hey matt uh how are you doing today i'm doing wonderful how are you sir good um what is the distinction that requires a conditional use i didn't quite follow that yeah i agree with you as far as we understand is the type of building we're doing here very similar to a few cases earlier this morning this is um by definition a mobile home community so because of that that uh that designation that is why we're here today for the conditional use approval for the mobile home community wow how's that any different from from a regular mobile home community good question i mean it it is it is by definition a mobile home community but i just wanted to emphasize that this isn't going to be um a trailer part no i got that part of it but what what makes it necessary to have a conditional use i think that is probably something the staff probably have to answer because do you say they're site built homes no they are are pre-built homes okay okay good question thank you guys question yes sir hang on just a second he can get an answer i'm sorry it is it is the structure type it is literally just because it is a mobile home we have mobile home subdivisions which are individually platted lots that would also require the same conditional use approval and this is a mobile home park where it's just one parcel there are imaginary lot lines if you will but it is literally the structure type if this were a single family or multi-family they wouldn't even have to come in for any time a mobile home community comes before it's considered a condition in residential medium correct or or could be even higher if it was it could go to the board as well there's some mobile home parks that require board approval as well thank you go ahead mike use the word structure is this modulars or are they typical mobile homes they are are our typical mobile homes i mean manufactured homes that are built off-site and and brought on site and established there on a lot on site yes sir so that makes them considered to be a mobile home right yes sure okay thank you that's kind of what i was looking for yeah go ahead robert matthew um understanding the density here might be a little bit less than what would be allowed in a residential medium have you you said you've reached out to the utilities in the area and they feel they have the capacity and right good to go gulf uh gulf coast um is the a private um water sewer i mean out there right but you've talked to them yes sure we have okay thank you eric if it can just answer i think board's question as far as why this would come from the board why is there a different standard for mobile home structures would would it be more to aesthetic compatibility right you got single family residence next to mobile it'd be the static aesthetic yes when the ldc was adopted the board chose the route of treating mobile homes which are not built to the florida building code you mentioned the other ones modulars are built to the florida building code mobile home is not built to the florida building code and that triggers the conditional use approval uh in the old zoning code it was a separate land use category for mobile homes it was either mhp or the residential category would have an m on the end of it like rl or r1m or sf1m hopefully that answers the commission's questions any other questions okay thank you at this time i'm going to open it up to the public is there anyone in the audience that would like to speak for or against this case please come up and state your name and address for the record and keep in mind there's a three minute time limit mr chair i asked the commissioners disclosing the expert expert communications or site business they may have had on this i hear none thank you good morning my name is evelyn rivera miranda 207 club circle in lake shore right across the street from the proposed project and i heard the argument and i understand it that to differentiate between mobile homes and standard regular homes our concern is much more than that so i have a letter here written by the residents with 94 signatures that i would like for the record um i'm going to go ahead and read it and i have some homeowners here also that have concerns oops i can't see all right they say uh we all say we are writing to express our strong opposition to the proposed mobile housing development in our community in our neighborhood we believe that this project will have a detrimental impact on our community first and foremost the proposed development is simply too large and too dense for the proposed site our area which could be considered a rural suburb is not structured to implement such a housing project with that number of mobile houses so close to each other and too close to the neighboring communities which are world inshores village green lakeshore club villas granada condos and nalcrest this increase in population density would put a strain on our water and sewer infrastructure and would cause an increase in traffic congestion entering and exiting our neighborhood and even greater greater concern is the fact that we only have one road in and one road out of all of the above mentioned communities in a disaster evacuation situation this would present a greater risk to the lives of the current residents and this has happened in the past where we had a fire and people had to actually go to nalcrest and walk down a wooden road a wooden trail in the woods to get out um because doherty which is the main street connecting to 60 to take us in and out was closed um another characteristic of the surrounding neighborhoods to consider is the fact that most residents are retirees 55 plus additionally the construction of this project could result in significant environmental damage to the assisting natural habitats that could put wildlife at risk this is where our animals hang out our deers our hogs our squirrels snakes that's where they hang out furthermore the number of mobile units proposed for the land simply does not conform and is not compatible with the character of the surrounding neighborhoods with similar or larger land sizes this was drastically altered the aesthetic of our area replacing the assisting greenery and open spaces with the compact high density housing complex while we recognize the right of the owner to use this land for housing and for which it has been originally classified as such we strongly believe that this project is simply not the right fit for the site for all the reasons hereby express we strongly urge you to excuse me to reconsider this proposed housing development and to vote to deny the proposal thank you thank you is there anyone else in the audience please come up state your name and address for the record again keep in mind there's a three minute time limit yes good morning my name is aurelio rios i live in 4803 club circle my mayor concern is the how the project is going to be connecting to this assisting sewer system because i understand that the only sewer line is the one used by lake shore i don't know how they're going to be connecting to gold coast that's my major concern if they can answer that question i think we can get an answer for you in just a minute so that's my mayor concern okay thank you anyone else in the audience good morning my name is dorothy lennox my address is 1821 club circle i also live in lake shore across the street my one concern about this type of structure is it's not up to the same building code so now we're going to have 80 possible structures blowing around in a hurricane that's potential damage to our properties which were built in the 60s that have been through hundreds of storms and have held up pretty well that's my main concern of the type of structure and the safety or hazard that it may propose to us and that's my big concern with that okay i think we can get you an answer for that in just a minute i think eric you already answered that didn't you yeah good morning ladies and gentlemen of the committee my name is miguel fabre i'm a retired superior court judge i live in in lakeshore on uh 2635 and uh we're strongly opposed to what the proposal is because we understand that at this moment the the land use is not what it should be that's the only area that we have where we have and we see deer we see turtles we see uh hogs that's the only area that's left and it will be affected and we understand that it's not necessary at this moment we understand the position of the owner but we'd like to have it for the record that the wildlife will be severely affected and that uh in the use of proposed the letter that uh uh miss severlin had uh she forgot to submit it i would like to submit it to you thank you for your attention okay thank you anyone else good morning my name is dominic miga i live at 4409 club circle in lakeshore and my main concern is for safety there the area i might reiterate uh had been known for brush fires and because of that we have one way in and one way out and it it's a safety issue if we have more people congest in the same road we are going to be in a very difficult situation should we have more brush fires and uh in addition to the water and sewage problems that i think that we're going to end up with so that's pretty much my main concerns okay thank you anyone else in the audience like to come up speak for or against this case my name is debbie osborne 2408 homes drive lake wales and i i have to again say what these last two people said that my concern is one way in one way out a couple years ago we had a brush fire and it it jumped over doherty drive and so they weren't letting anybody in or anybody out if it had gotten worse i don't know what we would have done another community is just going to add more to that already existing problem i live in walden shores by the way that's it okay thank you anyone else good morning my name is angel ortiz and i live at 1201 club circle lake shore um my statement is going to be brief i just want to be on the record as being also opposed to this project thank you okay thank you again anyone else in the audience i'd like to speak for or against this case seeing none i'm going to close the public portion of the meeting and bring it back to the applicant to make any comments or explanations good morning again um just want to first say that we appreciate everyone's uh concerns and comments and as always we definitely want to be good neighbors and be mindful of the uh of the concerns around the communities uh just to answer a couple questions and concerns uh first off the uh density as mentioned um if it if it wasn't for our building type um we wouldn't be here this morning i mean by right without having to go through public hearing we're allowed um up to seven uh dwelling units an acre they can be single family or apartments um without having to come through public but because of the use we heard this morning and our density is actually less than what we could do if we went with an apartment building project so that is um already established and and just wanted to make sure that was understood the infrastructure mentioning uh gold coast utilities we have contacted them they do have capacity for water and wastewater we will be running a small amount of off-site uh water and uh force mains to connect into their system but we have communicated with them they do have adequate capacity water and and wastewater um as far as wildlife goes we we've done initial studies as mentioned there's no wetlands there's no floodplains initially we have found no um wildlife on site that is of endangered uh nature so uh that's taken care of as far as the um building types um the state of florida when we bring in a pre-built home they they are are very regulated they're inspected the amount um of of ties and the anchors that go into the ground with these things um would are amazing they are are well suited for a wind rating they have um been updated uh through um a lot of recent storm events so these things are not just going to be put on a concrete pad and left for a wind to move them around they they are very well strapped down so just wanted to make sure that those points are are clear again we um are not asking for any additional density that's not already allowed by right infrastructures in place we've done wildlife studies and these pre-built homes are going to be extremely strapped down from a wind event so i also stand for any other questions and i do have the the owner and developer here as well if you guys want to ask any additional questions about the uh use where where we're right okay thank you is there any questions of the applicant i have one matthew yes sir yes sir gold coast utilities is regulated by the state of florida correct correct yes sir they are they in compliance with the state of florida yes sir yes sir yes i mean they have to be yes sir that it okay anybody else i have a quick question for staff mr chair um for staff did you hear um anything in the public testimony which changes your view on the case no sir okay thank you anybody else have a question yes sir the ingress egress i can't quite tell from the from the uh aerial right there what road is that and what is the bottleneck that seems to be the concern i can't i can't quite see the road names or anything their access is on leisure lane and i believe the concern is daughtry which is right here and then that leads up to highway 60 so the leisure lane this there's the site and then daughtry goes up to highway 60 but they're not going to be accessed in daughtry is that what you're saying not immediately accessing it their ingress egress is on leisure but they do have to go out daughtry to get to highway 60 i got you it's a singular in and out no other nothing on the other end okay can i ask for a point of clarification on the right and left of you matthew you mentioned different types of structures uh i believe one is a mobile home and the other one's an apartment you mentioned i believe can you describe or point out what's what in the map for me um okay so over here to our west is a walden um i mean shores and they are an active existing a mobile home park i mean community then on on the south side of us is the village green apartments that is directly adjacent on the south side and again adjacent um on our west is a walden shores so your development is very similar to the one on your left on the left right yes sir it's going to be um i mean i don't want to say exactly the same but i think it'd be um a nice community if you ask me yes and as far as the access point just i mean i know we can't really control um the access point off site but on site we do have a boulevard entrance uh proposed so if if for some reason uh one of those lanes was blocked by a fire truck or a tree or somebody with a car on fire or something like that we do have an extra lane there on the other side um to help with the emergency ingress egress of our community the questions see none i'm going to bring it back to the board for discussion and or a motion mr chair i move to approve ldcu 2023-43 second we got a motion and second roll call please running heath for the motion robert beltron for the motion david dalton i'm for the motion mike hickman brooke ignini for the motion tommy addison and mike schmidt mr chair passes 7-0 okay thank you unanimously next case please all right next up is ldcpas 2023-12 applicant is requesting a future land use designation change from residential low 2 to residential medium in the urban growth area subject site is located south of duff road east of green road north of daughtry road and west of us highway 98 north of the city of lakeland in section 14 township 27 range 23. on august 17th 55 mailers were sent area property owners two signs were posted to the property on august 11th the legal ad was published in the ledger on august 16th staff has logged no responses and jp sims is your planner mr chair moved expedite second i got a motion and a second expedite is there anyone in the audience that would like to speak for or against this case other than the applicant just to make clear mr chair this is a public hearing portion of it so we won't open it again if no one responds correct seeing none i've got a motion and second expedite all in favor say aye aye opposed motion carries thank you expedite thank you so ldcpas dash 2023-12 is doing a land use change on already pre-approved plan development to go from rl2 to rm this would allow for transitional type of housing in this area there is residential medium on the west side of the park that is adjacent on the west so the residential medium is not out of context and like i said the ldpd for this was approved back in october of last year so with it is compatible with the area and does have all necessary capacities on roads utilities and schools any questions of the staff seeing none the applicant available like to come up present your case good morning for the record tom woodridge tdw land planning here to present for the applicant since we're under expedited procedures i do have a powerpoint presentation but it's probably sort of list at this point i'd really just like to bring up that we've gone through a process in this project for seeing what's a good fit for the area and as the demand has grown we're seeing if we can provide a couple more units on the site the site layout is going to be similar although that's not a binding site plan or part of this process we've been trying to design it so it fits in well with the neighborhood when you do meet the conference plan policies so we find that we're in a good position to move forward to the board so i appreciate your consideration and ask for your approval and i'll stand for any questions any questions the applicant tom i mean is this thing going to get built i mean it's had it's had two prior pd approvals this will be the third right yes and it's always when you have the right people in the room right and i think we do uh the developer and uh actual owner is here in the room with me my client uh we've been uh talking about how we were going to move forward with the eight units that were formally approved and then when we found that we could provide more on a transit line across from a park near schools and residential we said there's a demand let's let's see if we can put just a little bit more we're not asking for residential high but something that we think will fit in one of my exhibits on my slideshow showed the number of different rms throughout the area that are close to rl which is we think it's appropriate in this area and yes we we feel that we have the financials to move this project forward any other questions saying that okay i'm going to bring it back to the board for discussion and or a motion mr chair i move to approve ldc pas 2023-12 second motion in a second do i have the roll call please running heath or the motion over beltron or the motion david dalton i'm for the motion mike hickman brooke ignini tommy addison and mike schmidt or the motion stretch unanimous pass 70. okay thank you thank you next case please next up is ldcpas 2023-14 polk county is requesting a future land use map change from point santa pre-development of regional impact to institutional one on approximately 9.83 acres to recognize an existing county fire rescue station this is located in point santa on the east side of marigold avenue south of bayberry street north of broadway boulevard and lake hatching hall road east of town of dundee in section 22 township 28 range 28. mr chair moved to expedite second we got a motion and a second for expat anyone in the audience like to speak for or against this case seeing none i got a motion second all in favor say aye aye opposed motion carries expedite this was once approved as a conditional use for a fire station um we're going to add a sheriff's regional command there's six more acres available in space uh so we have to go to a institutional district for this and that is why we're here i'll stay with that any questions to staff seeing none bring back the board for discussion and or motion mr chair moved to approve second motion and second roll call please renee heath for the motion veltron for the motion david dalton i am for the motion mike hickman broca ganini tommy addison and mike schmidt for the motion mr chair it's unanimous it passes 7-0 okay thank you mike is your is your microphone working i could you hear me yeah i hear you okay i know you can next case please all right last one ldc pal 2023 5. polk county is requesting a future land use map change from residential low x to recreation and open space x on approximately 80.26 acres and institutional x on 1.95 acres to recognize an existing regional park and fire rescue station located east of us highway 27 south of the international bass boulevard west of osceola county line uh north of city of haynes city in section 12 township 25 range 26 mr chair moved to expedite second we've got a motion to expedite is there anyone in the audience that would like to speak for or against this case seeing none am i going to motion a second all those in favor say aye aye opposed motion carries we've been meaning to do this for a long time eric peterson for the record uh this is this is the county's flagship park uh regional park and i just got to show you one slide because it's just absolutely beautiful we we took some aerial photos of the area it's artificial turf by the way so we minimize the water use this was this is state of the art uh both the the soccer fields over here and uh the uh newly uh constructed uh baseball fields and their batting cages are all artificial turf and i just want to show you that look look at the uh lake davin park this is on a wednesday you see how many people are out on that lake it's a i guess it's a beautiful facility and it's well used we have a boat ramp there and the two times have been there for site visits the boat ramp uh has been full so it's a well-used facility and we're very proud of it okay thank you any questions of staff seeing none i'm going to bring it back to the board for discussion and or motion mr chair i move to approve ldc pal 2023-5 second i got a motion to second roll call please renee renee heath for the motion robert beltron for the motion david dalton i'm for the motion mike hickman for the motion broke ignini tommy addison and mike schmidt for the motion mr chair it passes 7-0 unanimously okay any other items of discussion do i have a motion to adjourn so moved second all those in favor say aye aye aye opposed goodbye