Are we hot hello Mr. Chair quick question for staff if I could um for the let's see it's the spirit late cases The text amendment comes after the future land use change But the text amendment sort of enables the land use change do we need to swap the order of those? I'll just present them together Thank you Aye Robert beltran david dold and i am present brooke ignini mike hickman tommy addison mike schmidt and angel sims mr chair we have a quorum thank you so moved we have a vote in favor aye yes sir uh there has been one change that we just addressed uh ldc pal 2024-4 this is the spirit lake text cpa number four on the agenda and up on the screen will be heard before ldcpas 2024-3 which would be number three up there on the screen there was one case that was advertised ldcpas 2024-15 that has been withdrawn but it's not on the on the published agenda so moved second aye thank you mr chair for the record randall vogel assistant county attorney with polk county i'm going to go over the procedures um good morning uh general procedures the office of land development will introduce the cases and disclose any responses to notifications which were not already provided to the planning commission in their packets the office of planning development will present their staff reports and recommendations anyone in the audience who wishes to speak and present testimony on a case will be sworn in the applicant or other others in support or opposition of the case will be given the opportunity to speak the applicant will be given the opportunity to respond to any opposition the commission will discuss the case and vote on the matter expedited hearing procedures expedited hearing procedures may be used by the planning commission under the following circumstances if there is no opposition to the case presented at the hearing and the recommendation of the office of planning development is for approval and all the planning commission members presented with present wish to use the procedure level three review pursuant to section 903 of the 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 conditions pursuant to section 921 of the land development code the applicant or any substantially affected interest may appeal the final decision of the planning commission to the polk county board of county commissioners by filing a formal application with the 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 hearing the board of county commissioners shall set a date and time for a de novo hearing if a party decides to appeal a decision made by the planning commission with respect to any level three review then he or she will need a record and may need to ensure that verbatim record of proceedings is made the record includes all testimony and evidence given at the hearing each person or party who qualifies to file such an appeal may independently exercise their right of appeal in order to present preserve that right a party cannot and should not rely on their right to appeal being presented 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 that de novo hearing if one party withdraws their appeal and another party fails to file an appeal there will be no appeal or hearing on the matter before the board of county commissioners the application fee will not necessarily be refunded for such a withdrawal please also be advised that if a de novo application is filed with the board to be recognized during the de novo hearing as an organized opposition you must either file the application for de novo hearing or receive a written authorization from at least five entities or individuals to speak on their behalf against the application and they may have a and they have agreed to waive their right to speak on the public comment portion of the public hearing level four reviews pursuant to section 907 of the land development code the planning commission decision on a level four review review is a recommendation to the board of county commissioners the board of county commissioners will make the ultimate decision swearing in mr chairman would you like me to swear in the witnesses for the cases today if you're going to address the planning commission on any case today please stand up raise your right hand and answer out loud to the following question do you swear and affirm that the evidence and testimony you'll provide is the truth the whole truth and nothing but the truth thank you i want to go over a couple house items first we need to admit the county's land planners as experts they have all been accepted as experts in the past however if you if any of you would like to voir dire any of the uh experts for their background or expertise expertise you may do so at this time without any opposition to their admission can we please have a motion to accept staff as experts in their field of land planning so moved second aye secondly if we have any experts of applicants then you may tender them at this time or you may wait until your case is called finally we as part of this process we review quasi-judicial cases quasi-judicial cases means the actions entail applying land development policies to a specific development application in a fair and impartial manner the commission's review is limited to two areas first consistency second compatibility regarding consistency the commission must determine whether the application is consistent with both the comp plan and the land development code the staff report and and presentation will provide expert analysis and opinion regarding the application criteria as well as a recommendation on whether the application is considered with these criteria is consistent with these criteria regarding compatibility the commission must determine whether whether the application is compatible with surrounding areas the commission will be presented with testimony and evidence at the hearing both written and oral by law the only evidence the commission may consider is competent substantial evidence this means evidence that is sufficiently relevant and material that a reasonable mind would accept as relevant as adequate the evidence as adequate to support a conclusion the following item items are examples of competent substantial evidence evidence that is fact-based and relevant to the applicable criteria staff reports and presentations citizen testimony may be considered competent substantial evidence so long as it's based on fact and can include testimony regarding substantive matters that do not require expertise such as aesthetics and compatibility of a project with the surrounding neighborhood however popularity polls petitions testimony that is hypothetical speculative speculative based on fear or consistent generalization of statements that do not address the land development code criteria are not considered substantial competent evidence for example the fear that a project will cause increased traffic or crime is not competent substantial evidence lastly when when expertise is required for technical issues like traffic engineering drainage wetland impacts schooling utility capacity light noise pollution or application or application or are the applications impact on property values citizen testimony is not competent substantial evidence unless the witness is qualified as an expert in that area that concludes my comments thank you thank you very much all right first up is ldcu 2024-13 the applicant is requesting conditional use approval for a mobile home to be located in a subdivision where fewer than 50 percent of developed lots have mobile homes the subject site is located north of avenue m northwest south of avenue o northwest east of 42nd street northwest west west of the city of winter haven in section 13 township 28 range 25. on august 15th 61 mailers were sent to area property owners one sign was published on august 16th and a legal ad was published in polk sun on august 21st uh melissa selicine will present mr chair move to expedite there we go come on okay good morning second good morning for the record melissa selicine melissa selicine with land development presenting ldcu 2024-13 staff recommends approval for a mobile home to be located in a subdivision where fewer than 50 percent of developed lots have mobile homes the subject parcel is approximately 0.30 acres identified as lots 91 and 92 of the inward unit 6 subdivision um okay according to property according to property appraisers website the parcel currently has a site built home that was constructed in 1956 the applicant is wanting to replace the existing home with a mobile home staff finds a request to be consistent with the ldc and comprehensive plan there are mobile homes located on the block and there is also a mobile home to the rear of the site had a mobile home been to the subject's property sideline this request would not be necessary with that i thank you and i will stand for questions thank you very much any questions for staff all right with that uh we are under expedited procedures would the applicant like to say anything we have a we have a translator do we have to swear in the translator yes raise your right hand and answer the following question do you swear and affirm that the translation that you provide shall be the truth the whole truth and nothing but the truth thank you thank you all right with that anything from the applicant okay thank you appreciate it gracias all right with that we're under expedited procedures anyone here to speak for against seeing none we'll go ahead and move forward and bring the item back to the board move to approve ldcu 2024-13 with conditions as recommended by staff all right so we have a motion do we have a second motion and a second mr dalton please call the roll robert beltron for the motion david dalton nine for the motion brook ignini mike hickman johnny addison mike schmidt and angel sims mr chair it passes 7-0 thank you very much gracias all right with that we'll go to the next case all right number two on the agenda is ldct 2024-14 this snap can initiate a request for a land development code text amendment to add the use car wash full service as a c2 conditional use in the town center x land use district within the u.s our north u.s 27 selected area plan on see a legal ad was published in the polk sun on august 21st with no response this is a level four review with board dates planned for september 17th and october 1st and melissa celestine is your planner good morning for the record melissa celestine with land development presenting ldct 2024-14 staff is recommending approval of the applicant's request to add the use car wash full service as a c2 conditional use in the town center x land use district within chapter 4 table 4.8 use table of the north u.s 27 selected area plan approval of the request will be for outside the ridge special protection area as you can see here i hashed it so you guys know where the ridge sba would be so they're actually going to be to the south to the east i'm sorry the tcx within the entire north u.s 27 selected area plan is approximately 211 acres created with a specific intent to cluster commercial other non-residential and multi-family uses as appropriate to create town centers for the entire sap area of the overall acreage in the tcx there's only one 1.5 acre undeveloped parcel south of bella cita boulevard in champions crossing development currently car wash incidental is a c2 conditional use in the tcx district of this sap the special provision area for the north u.s 27 selected area plan within the comprehensive plan allows all uses permitted within a neighborhood activity center per table 4.8 car wash full service is a c2 in the nacx district thus the applicant's request is consistent with the ldc and comprehensive plan with that i thank you and i'll stand for questions thank you any questions for staff seeing none is the applicant here good morning addy clark 400 north ashley drive tampa florida 33602 i just have a very very brief two slides and this is why we always bring hard copies just in case i'm so sorry about that take your time you're fine thank you good morning again addy clark 400 north ashley drive so melissa did a great job and a great overview of the request and the justification for it so i will be brief now that i've hopefully figured out the the elmo so you can see the full service car wash is permitted by right or by conditional use in multiple districts and so we're really just here to fill the gap so to speak by adding full service car wash as a conditional use in this district and there are currently in the land development code there are multiple provisions in place so as a c2 use any car wash full service car wash must meet multiple requirements having to do with buffering separation and environmental concerns that of course any car wash to go in this location will have to abide by per the c2 permit standards with that i'm available for any questions any questions for the applicant seeing none we'll turn the floor over to anybody here to speak for or against this case please step forward seeing that we'll close the public workshop portion of the case and we'll back to the applicant for any additional comments thank you very much all right so we'll take the item back to the board for discussion and or motion mr chair move to approve ldct 2024-14 we have a motion do we have a second second motion and second mr dalton please call roll over beltron for the motion david all nine for the motion brooke agnini for the motion mike hickman tommy addison mike schmidt for the motion and angel sims for the motion mr chair passes 7-0 thank you very much all right next item on the agenda will be the switch going starting with number four which is ldc pal 2024-4 staff please present the case next request as stated is a large-scale comprehensive plan text amendment ldc pal 2024-4 the applicant is mike gurn associates the request is a text amendment to the comprehensive plan specifically policy 2.113 c3 in the office center objective to allow for the establishment of new office centers next to commercial enclaves and in terms of the advertisement a legal ad was published in the polk sun on august 21st and no response to the advertising of the case was received and mark bennett is the case planner good morning for the record mark bennett land development division basically as shonda just described this amendment would allow the office center land use which as the name implies is primarily oriented towards just offices it would allow it next to commercial enclaves we believe it's consistent with the comprehensive plan land development code and recommending approval here's mr bennett yeah in presentation mode for me i'm sorry you might put in the slide on presentation mode oh sure my eyes are just not understand i have trifocals so i'll get you there we go try those try that out yeah uh here's the policy change um pretty uh straightforward um the additional words or commercial enclave are being proposed um that would allow office centers to locate next to commercial enclaves uh bear with me here justification um our comp plan already has a similar policy uh called transitional areas and the idea of transitional areas that it's a way to achieve compatibility by having a different use a transitional use between a more intensive activity and a less intensive use so that's one that's a concept in urban planning to allow for a step down in uses or a transition to provide for compatibility this amendment does that the applicant also submitted some examples there were throughout the county it already exists and we found that um documentation to be sufficient so with that uh um staff does recommend approval and i'll stand for any questions any questions for staff seeing none we'll have to ask the applicant to come forward and state your case mike kerr 135 van fleet court auburndale we have no objections staff's worked with us and we appreciate their help okay any questions for the applicant seeing none we'll turn the floor open to the public anybody here to speak for against this case please step forward seeing none we'll close the public portion of the meeting and what the applicant i assume is okay with everything oh yes so with that i even have a letter from the next door neighbor who said he's not he doesn't have any problem with it excellent you know thank you sir okay thank you with that we'll bring the item back to the board for a discussion and or motion mr chair i move to approve ldc pal 2024-4 we have a motion in a second mr we have just to be clear this okay policy yes yes applied county-wide yeah county-wide yeah so good with it so mike you good okay thank you sorry i didn't wasn't sure all right so we do have a motion and a second there's no further discussion with that we'll take roll robert beltran i'm for the motion david dalton i'm for the motion brooke ignini for the motion mike kickman tommy addison mike schmidt and angel simms for the motion mr chair passes 7-0 thank you mr dalton with that back to mr bennett okay next agenda item is ldc oh i'm sorry shauna go ahead either but i'm anxious to get next case is a small scale conference of plan amendment based on the text amendment you just heard ldcpas 2024-3 it's a small scale conference of plan amendment to change the future land use designation from residential low to office center properties on the east side of spirit lake road south of grady polk road west of the city of eagle lake in section 11 township 29 range 25 the property owner is david cruz parcel size is about a half acre in size it's in the transit supportive development area in terms of the advertisement 36 mailers were sent to area property owners on august 15th no response was received one sign posted on august 20th and a legal ed published in the polk sun on august 21st and mark bennett is the case planner okay mr bennett sorry all right here we go got my bennett's backwards there no um yeah all right um yeah staff's reviewed this case um subject to the policy that was just recommended approval on by the commission here um we do find it's consistent and uh compatible and we are recommending approval let me go through some slides and aerial photos here uh sites located on spirit lake road um roughly between the city of bartow city of eagle lake um it's on the east side spirit lake road south of thornhill north of uh 17. this is a aerial photo um i'm sorry it's from the property appraiser dated last year of the site currently it's residential low specifically residential low 4. the proposal is to designate the site as an office center i do have some aerial photos that were taken yesterday and also some ground photos that i'll go through real quick you can see the sites highlighted in the red rectangle there looking west with spirit lake road here this is a view looking south at the site located here spirit lake road grady polk road here is a cross reference this is a zoomed in photo so it's not quite as clear but this is a view of the site it's looking eastward and then another view of the site looking more southeasterly some ground photos of the site taken from the street site does have two structures on it mobile home units and then a couple other photos of the site and this is a site showing this a view of the site excuse me showing the site here and then the property directly south as far as impacts public services and facilities we don't anticipate any developing the site as an office center we are recommending approval or justification as i mentioned earlier the idea with having an office center as a transitional use is that it would transition from the more intensive commercial activity to north to the palace to the south adequate public facilities again subject to the policy change that was just heard it is consistent with the comp plan development code let me go back to a couple slides you'll see that the site has there's a difference between the 2023 aerial and in the current aerial site development has occurred on the site as i mentioned in the staff report the site development has not been done in accordance with the provisions of the land development code so if you're if you're wondering why is the site already developed you know that that's the reason that it was already developed but it hasn't met our rules and requirements here's under code enforcement action let me mention that the purpose of today's request is to determine whether or not it's appropriate for an office center issues of site development compliance with land development code those are being addressed through other channels so just want to make that clear bottom line today's question before you all is whether it's an appropriate site for an office center so without stand for any questions any questions for staff i've got a quick question if yes sir so with the if if this goes and it's approved according to the policy we just approved yes does that put the applicant back in compliance or the other items i'll have to clean up um no they will not be in compliance because the violations are against provisions of the land development code like they didn't get a site plan approval there's no there's no storm water the buffers don't meet code etc etc etc yes okay and those will be addressed through code enforcement all right perfect appreciate that any other questions for staff with that we'll call the applicant to come forward oh i'm sorry i didn't see a plan at this point say again no site plan no approved site plan no level two correct okay all right thank you see the applicant coming forward real quick if you can say your name and address for the record once again sir mike ger 135 van fleet court albundale florida the um the applicant got a little bit of the cart before the horse and so we're working with staff and land development code to address all those issues they've discussed we've have to do a level two which will include a binding site plan and everything else so you're working with staff yeah we're working with the staff we've had one step towards fixing everything pardon this is one step towards fixing it all yes yes yes thank you any questions for the applicant from the board with that we'll turn this over to the public for any comments anybody here to speak for or against this case please step forward seeing none we'll close the public portion of the meeting and believe the applicant has said all he needs to say with that i'll bring the item back to the board for discussion and or motion mr chair i move to approve ldc pas 2024-3 second we have a motion and a second mr roll call mr dalton please robert beltran for the motion david dalton i'm for the motion brooke ignini for the motion mike hickman tommy addison mike schmidt the motion and angel sims for the motion mr chair it passes 7-0 thank you all right next case next case is a small scale conference of plan amendment ldc pas 2024-13 it's a future future land use map amendment to change 11.8 acres from business park center to institutional the property is west of south florida avenue north of county road 540a south of the city of lakeland in section 13 township 29 range 23. property owner is robert and susan salino it's in the transit supportive development area the nearest jurisdiction is lakeland and in terms of the advertisement 35 mailers were sent to area property owners on august 15th new response by the public was received one sign posted on august 20th an illegal ad published in the polk sun on august 21st and mark bennett is the case planner good morning again morning yes this request to change some property on south south florida avenue south lakeland from business park center to institutional we find that it's consistent with the comprehensive plan land development code compatible with the surrounding area and we are recommending approval some background on the site it's south of lakeland north of mulberry about a half mile north of the county road 540a intersection this is a from the property appraiser website showing the site at 2023 aerial it's been previously used as a nursery from our understanding currently business park center specifically bpc2 and the proposals to change to institutional our understanding is a medical facility is contemplated on the site i'll first show some aerial photos and then show some aerial photos and then some ground photos this is looking west at the site outlined in red across south florida avenue surrounding uses this is a governmental office here governmental office here looking north looking east there's a railroad track on the extreme south end of the property i'm sorry west end and then this is looking south southeast at the site some ground photos this is uh looking at what i'd call the northern part of the site as you can see it's been used as a nursery likewise the southern part of the site view looking south down south florida avenue across the street doesn't show up real well but the post office is here again an institutional office type use office type uses across the street mixture of office and retail across the street to northeast and then this is looking north so um as far as impacts um we don't uh identify any potential impacts uh as far as our environmental concerns about the western third of the site is in wetlands and flood plains so as part of the site development process we would ensure that the um any adverse impacts would be addressed there and realistically i wouldn't expect any development to occur there uh justification similar uses are nearby allowing for a medical facility there seems to be a trend in this area towards a medical facility i believe there's another one going in right at the intersection of 540a and south florida adequate public facilities this is in the transit supported development area it's in our transit center and corridor overlay the so what of that if you will is that there is transit service and a bus stop right in front of the site so we think that's a good thing and as i mentioned previously we think it's consistent with the comp plan development code so therefore we are recommending approval and i'll stand for any questions any questions for staff seeing none will ask the applicant to come forward and good morning for the record logan ops all 215 north eola drive grades believe his planning commission this morning i will be brief uh if we got most of the presentation so i'm just going to give you a quick overview uh this is what's being requested we've seen the property now at all angles about 11 just shy of 12 acres and again institutionals being requested you heard staff report there's uh compatibility on the request we have institutional uses adjoining nearby governmental office uses post office and other institutional type uses this is for the nemors children's health and i think we've all kind of come to know uh their high level care for children pediatrics and it's a great employment center for this particular site we're we're looking to instill about 70 employees these are rns medical professionals phds therapists and the like right about 80 percent of those employees will be found locally as is the case on on most all neymor sites this is within the transit supportive development area and excuse me it's consistent with the conference plan on competitive use i'm not going to cover all of these i'm happy to answer specific questions about neymors and their you know outstanding reputation and child care and pediatric care here's a proposed concept plan i want to just give this to you for your benefit and and show you know we we talked about some of the the wetter areas of the property to the west of the site this is how a site layout would look certainly wanting to avoid any any impacts and we look forward to working with staff on at the site development plan phase to make sure that that's achieved just some snid bits from the staff report the compatibility summary consistency with the comprehensive plan we certainly in alignment with staff and appreciate all the work that they've had from pre-app until today and again your conclusions of compatibility and consistency i'm happy to answer any specific questions thank you for your time thank you any questions of the applicant seeing none of my only real quick question how far is this from 540a i know there's a medical facility going in across the street at 540a give or take yeah i thought it was closer but it ain't too far it's gonna feel longer depends on how hot it is right probably a half mile half a mile yeah that's what i'm thinking okay all right thank you just curious all right with that we'll open the floor for any public comment anybody here to speak for or against this case please step forward seeing no public comment we'll close the public portion of the meeting we're back to the applicant for any final comments thank you for your time great thank you sir i appreciate it all right we'll take the item back to the board for discussion and or a motion mr chair i'm going to approve ldc pas 2024-13 the back end the motion in the second roll call mr dalton robert beltron for the motion david dalton i'm for the motion brooke ignini for the motion mike hickman for the motion tommy addison mike schmidt and angel simms for the motion mr chair passes 7-0 appreciate that thank you all right next case good morning shonda bennett land development division i'm here with you for the next four cases i'm not the case planner but they're learning at the american florida american planning association conference so you have me to muddle through so the next case is a small scale conference plan amendment ldcpas 2024-6 it's to change the future land use designation from leisure recreation to linear commercial corridor on approximately 1.58 acres it is south of old haynes city lake alfred road and a railroad east of willow road west of lake lowry road north of us highway 92 and north of the city of lake alfred in section 27 township 27 range 26 the property owner is irma salazar it's in the urban growth area jp simms is the case planner and in terms of the advertisement 21 mailers were sent to area property owners on august 15th no response was received one sign posted on august 16th and a legal ed published in the polk sun on august 21st 2024 and on the screen before you you can see a general location map and some of the land use changes here's more of the zoomed in location map star indicates the property you can see lake alfred to the west and us-27 to the east which would be the to the right here's a context aerial 2023 aerial you can see us-92 is that line in the middle of the screen there's a railroad there just to the north and there's non-residential uses east and west of the property this is a zoomed in aerial of the property uh the there's a property owner owns the market that you see to the west and then this is an older motel here to the east and so that property the motel and the particular site or leisure recreation and you can see the linear commercial linear commercial corridor flanks the leisure recreation land use designation and according to the comprehensive plan there's a policy that we can't extend linear commercial corridor along the road unless it's considered infill and since linear commercial corridors on both sides i would consider that infill oh i should note uh even though you only you see this leisure recreate or recreation to the north and south there's a policy in the comprehensive plan that denotes that when we do land use change the land uses generally run across the center line of the roads or in the center line of railroads so that's why it looks a little odd but it won't look like that once officially adopted this is an aerial photograph i'm sorry a land photograph looking west southwest you can see the market there on the right so look in the opposite direction you can see the motel that was shown on the aerial photograph this is looking into the site another looking closer to the existing market that's to the west of the site in terms of impacts certainly the land use won't is not expected to generate any students any residential uses that would generate students there are parks nearby the water and sewer is technically uh not not within the county's utility service area fire and ems is nearby there is transportation capacity and at this point there's no known environmental impacts at least with wetlands uh we do feel that the request is compatible with the surrounding land uses and adjacent to a railroad um it's in the urban growth area which advocates for more intensity higher and mixture of uses it's consistent with the comprehensive land policy for infill for linear commercial corridor and with that i'll stand for any questions any questions for staff well go ahead mike um it's not the county the closest theoretically is um lake alford city lake alford because yeah lake alford provides water sewer to the northeast government center which is a bit further east i can't remember off the top of my head where the nearest lines are but if they're not nearby they won't be required to connect which will limit their intensity any other questions for staff seeing no other questions we'll ask the applicant to come forward and state your case good morning i'm dean myers i'm the engineer for the project this is irma salazar and this is vanessa gonzalez and she's going to be interpreted interpreter for irma um okay so hold on dean we need your address for the record first yeah dean myers 1717 john arthur way we need the interpreter to be sworn in please excuse me the interpreter needs to be sworn in vanessa gonzalez ms gonzalez if you'd um raise your right hand and answer the following question do you swear or affirm that the that the translation that you will provide will be the truth the whole truth and nothing but the truth thank you go ahead dean the applicant uh currently owns the west side of the property which has always been a lcc and in 2008 i believe they bought the connecting property to the east which is this 1.58 piece of property uh they plan to develop it with a with a store uh from commercial use and the the the reason for this uh meeting is uh they want to change the property as we've shown to um lcc so they have one continue continuous property as lcc so they can continue their their plans all right thank you anything else you're good yep all right that's it with that we'll open the floor for the public anybody here to speak for against this case please come forward seeing none we'll close the public portion we're back to the applicant i assume no other comments from the applicant we're good nope no comment don't get it thank you very much with that we'll bring the item back to the board for discussion and or motion mr chair i'm going to approve ldc pas 2024-6 second we have a motion and a second roll call please robert beltran for the motion david dalton i'm for the motion brooke ignini for the motion mike hickman for the motion tommy addison mike schmidt and angel sims for the motion mr chair passes 7-0 thank you thank you all right next case please next case is a small-scale conference plan amendment ld cpas 2024-11 it's a small-scale conference plan map amendment from phosphate mining to agriculture residential rule on 40.59 plus minus acres property is south of us highway 98 east of pool branch road north of the song road east of edgewood drive and east of the city of fort meade in section 25 township 31 range 25 property owner is edwin and colleen jones in the rural development area nearest jurisdiction is the city of fort meade and in terms of advertisement 13 mailers were sent to area property owners on august 15th no response by the public was received four signs posted on august 16th and a legal ed published in the polk sun on august 21st and you can see here on the slide that it is just to the east of fort meade south of us highway 98 this is formerly phosphate mined land long time ago mined land not anything that's recent in terms of our development approvals it was original to the conference of plan in 1991 the phosphate mining designation and it's the property owner's desire to change that to arr here's a context aerial you can see some of the remnant mining activity that left the lakes on the property you can see the city core city of fort meade there to the west and pool branch road it was mentioned in the description property description is to the northeast of the property this is more zoomed in aerial you can see 98 again to the north north um and the older the old bridge that's being currently being reconstructed is to the west and this is the entrance into the park and recreation areas along the peace river for the city of fort meade there's a zoomed in existing or current land use map the darker beige color is the phosphate mining and that whiter gray is to the upper right is agricultural residential rural and the gray darker gray is the city of fort meade to the left this is standing on it's the wrong word name this is standing on us 98 looking toward the west where you can see the bridge the new bridge being under construction and some residential homes are directly north of the site this is looking the opposite direction toward the east again you can see the homes on the north of the property which is to the left on the screen and the site on the right this is looking into the property it's in the rural development area so we don't have any anticipated issues with school concurrency although the um be five five acre lots so certainly um not many homes would be generated from this land use change if adopted sheriff um command center is quite a distance away but the priority on average response times are pretty um common for this part of the county fire and ems they're not too far away uh it's not in a utility service area as far as we know foot city of fort me doesn't have any lines to this particular property so it would be well in septic there is transportation capacity and there's no significant environmental impacts compared to what's already happened with the property with phosphate mining but certainly there are some wet issues to deal with in terms of the soil since they've been altered from the mining in the past staff does recommend approval it's been reclaimed and released from the department of environmental protection their bureau of mines office so therefore it's consistent with the comp plan to go to the next land use stage which has several items listed and one of those is arr it's adjacent to a city and we do find it compatible with the surrounding areas and i'll stand for any questions any questions of staff seeing no questions from staff we'll ask the applicant to please come forward and state your case good morning for the record sarah case next level planning and permitting my address is 3825 south florida avenue and that is in lakeland i'm here representing the jones family as staff indicated it is reclaimed phosphate mining land and their intent for the the property is to actually build residences for their family um and you can't do that in phosphate mining and land use category and so they understand that they can only build one dwelling unit per five acres in the arr and this will enable them to do so at when the timing is right for them so i'll stand for any questions that you might have and i would appreciate um a vote of um recommendation of approval to the board of county commissioners next month thank you any questions for the applicant seeing none we'll turn the meeting over to the public comment anybody here to speak for against this case please step forward seeing none we'll close the public portion of the meeting and we're good with the applicant and so we'll take the item back to the board for discussion and or motion mr chair i move to approve ldc pas 2024-11 second we have a motion in the second roll call robert beltran for the motion david adult nine for the motion and brooke ignini for the motion mike hickman for the motion tommy addison motion mike schmidt with a motion and angel simms for the motions chair passes 7-0 trying to keep us moving i'm working on it make sure i get my numbers right 24 12. again for the record shonda bennett with the land development division this is a request for a small-scale comprehensive plan amendment ldc pas 2024-12 hall communications it's a future land use map amendment from phosphate mining to industrial on approximately 49.10 acres property is located south and east of county road 555 west of norland mine road north of counter at 640 and west of the city of bartow in section 24 township 30 range 28. property owner is hall communications inc it's partially split between the urban growth area and the rural development area the nearest city is the city of bartow you can see it's adjacent and in terms of the advertising 16 mailers were sent to area property owners on august 15th no response by the public was received three signs posted on august 16th and a legal ed published in the polk sun on august 21st here's a larger location map you can see that the property is south west of the city of bartow here's an aerial photograph shows all of the vast mining that's that has occurred in the area and then you can see the core of city of bartow on the upper right it is an a little odd shaped but it makes sense on the next aerial as you can see kind of wraps around some existing industrial uses here this is the current land use map the purple is industrial the gray or i don't know beige gray is phosphate mining and the city of bartow is in the darker gray and it is adjacent to the city of bartow both the case planner jp sims and myself have had conversations with the planner with the city of bartow and they don't have any concerns with industrial being adjacent in their just to their jurisdiction this is standing on counter road 555 looking north the site's on the right and this is looking into the site there's an entry point into the property this is looking in the opposite direction south on counter road 555 site is on the left very similar situation to the other property in terms of being in a rural rural area of the county staff does recommend approval it was mine but reclaim or part of the mining plan that gave it phosphate mining back in 1991 but it's proper it's appropriate to change in industrial just like arr is on the list of next step land uses if you will in the comprehensive plan and it does have a potential to be connected to public water from the city of bartow and find staff finds it consistent with the conference plan and compatible with the adjacent land uses and i'll stand for any questions any questions for staff mr chair quick question for staff uh shonda was only uh half the site changing the land use and the other half remaining i will there's a large tower on it if i remember correctly i think that's part of it and certainly miss case will address that in in more depth but the property owner i don't believe owns this part of it but i'll let miss case address that specifically great thank you thank you all right with that we'll have this case come up and speak for the applicant good morning again for the record sarah case with next level planning and permitting my address is 3825 south florida avenue in lakeland and i'm here today representing hall communications the parent parcel included the portion that is the circular to the east and it's approximately just under 100 acres there is an existing communications tower there that is to remain and the reason for the configuration is because for insurance purposes there needs to be a 600 foot radius around the communication tower and so the the property was basically underutilized if you will and there is a potential buyer who would like to use the property for industrial uh land use purposes and so it worked because of the adjacent industrial park that's to our west and north a little bit but that's why it's an odd shape it is its own parcel now um and we were able to achieve that through the property predator's office a couple months ago um to have an autonomous um parcel so hall communications will retain where their current communication tower is which is within that circle which is allowed in the phosphate mining that they have now and then they're selling off that piece of property to um what you see before you today for the industrial land use purposes um so that really explains our um our application if you have any questions i'll be glad to stand so will they share entrance ingress egress or will the tower have its own ingress egress into the so they are um working that out with um there's existing utility easements on site as well so it most likely will be ingress egress and utility easement and the parcels that shown today is a standalone parcel it is it is a standalone that will be the intent is to sell it okay and the final question i had for you is it's been cleared by the department for future land use changes by db the site yes because previous mining correct okay so it's been reclaimed and everything is good to go correct all right perfect all right i have no further questions anybody else have questions for the applicant all right seeing none we'll open the floor to the public for any comments anyone here to speak for or against this case please step forward seeing none we'll close the public portion of the meeting and take the item back to the board for a comment and or a motion mr chair i move to approve ldcpas 2024-12 second we have a motion in the second roll call please robert beltron david dalton i'm for the motion brooke ignini mike haikman for the motion tommy addison mike schmidt for the motion and angel sims for the motion this chair passes 7-0 all right next case when you're ready chandra i found this one faster yes um for the record shonda bennett with the land development division this is a large-scale conference plan amendment ldcpal 2024-11 it's to change the future land use map from which is rare agriculture residential rule to phosphate mining on approximately 420 plus minus acres of a larger tract that's over 500 acres owned by mosaic the location is on the north and south sides of nichols road counter road 676 west of anderson road east of the polk hillsborough county line and south of the city of mulberry in sections 8 17 18 township 30 range 23 property owner mosaic fertilizer it is in the rural development area and in terms of the advertisement 13 mailers were sent to area property owners on august 15th no response by the public was received nine signs posted on august 16th and a legal ad published in the polk sun on august 12th i'm sorry august 21st here's a location map that shows its proximity to the city of mulberry this is a context aerial photograph that you can see it's uh kind of not all one square a little bit is on the left of the screen and a nice square in the middle of the screen the bottom portion here on the south side um of of nichols road is the actual gyp stack and the phosphoric acid plant was on the north side which has been removed some time ago the stacks are not active there are some references in this type report that imply that they're active there didn't mean to say that they're active in terms of receiving gypsum but mosaic still has to manage the stacks and monitor the stacks but they're using the top of the stacks for different water resource issues throughout their entire system of gyp stacks throughout polk county and then you can see uh property over to the west that does have us obviously some uh natural stream systems as a part of it here's a close-up era photograph you can see um other parcels to the north that have been involved in uh conditional uses for sand minings further north of that is the land star property that's in the city of mulberry and then you can see some residential uses there on the very top right side of the screen this gives you a better look at the gypsum stacks it's currently on the property part of the nichols mine and then on the north where the plant used to be this is the current land use map this is i looked at the original feature land use maps from 1991 this is the way they were adopted quite a large mistake on uh our part but you know the county's large uh it's we did um had lots of parcels to look at so this is coming in and cleaning that up from mosaic so that they have the flexibility to use this as a phosphate mine rather than a legal non-conforming use in air as i mentioned on a previous case about land uses and rights away and railroad this is a railroad area right here we just highlighted the parcels it's what we do on these particular cases on all of our cases for land use amendments but we just wanted to highlight that if this is approved when the land use maps are changed that won't that yellow or white area won't be there anymore because that's railroad this is standing on nichols road looking west on the left and east on the south and you can see this is the area where the property was on both sides of the road you can see the gypsum stack with the height there on either side of those pictures again this is looking in the opposite direction on nichols road and you can see the gypsum stacks and the height of those particular parcels this is looking directly on to the south side of nichols road where the gypsum stacks are located and this is on the north side of nichols road where the phosphoric acid plant used to exist this is looking on south side of nichols road west of the railroad track so it's that area that was had that more stream that was coming through the property in terms of impacts this is really not going to change the impacts of the parcel this land use change as it's uh as it's currently developed in the state that it's expected to be developed staff does find the request to be consistent with the policies of the phosphate mining land use district and consistent with the comprehensive plan compatible with the surrounding uses and i'll stand for any questions any questions for staff seeing no questions we'll ask the applicant to please come forward and state your case good morning commissioners i'm shelley thornton i'm the senior manager of mine permitting for mosaic my address is 13830 circuit crossing drive lithia florida 33547 and just go be brief here the nichols facility as everybody knows it's an existing facility through another analysis we realized that there was a mapping error with the land use in this area it was designated as arr instead of the phosphate mining designation construction of the stack was back in the 1950s however the plant was demolished back in the 90s and this is a map showing the area let's see the mouse this is the area that we're at the land use that we're asking to change to phosphate mining as you can see the area that completely surrounds the facility is already designated as pm it is consistent with the surrounding facility with the rural development area and then all the objectives and policy of polk county were addressed with our application and this is simply correcting the comp plan from the mapping area that was completed in the 1990s shonda said it happens it's a large county so staff recommended approval and we are also requesting approval of ldcu 2024-18 from the planning commission thank you very much any questions for the applicant seeing no questions we'll open the floor to the public anybody here to speak for against this case please step forward seeing none we'll close the public portion of the meeting applicant i assume we're good we'll bring the item back to the board for discussion and or motion mr chair i move to approve ldc pal 2024-11 second we have a motion in the second roll call robert beltron for the motion david dalton i'm for the motion brooke ignini mike hickman for the motion tommy addison mike schmidt and angel simms for the motion mr chair passes 7-0 thank you all right changing course now ian go ahead all right these next three uh cases are three in a continuing series of reconciling our county parks with the uses on site and the future land use map there'll be three more four more next month i believe but just to point out that that's all it is it's just changing the map and the colors there's no development planned on on any of these but uh kick it off ian nance for the record the first one up is ldcpas 2024-14 this county initiated small scale comprehensive plan amendment to change the future land use designation from agricultural residential rural and linear commercial corridor to recreation open space at the bartow peace river landing this site is located on the south side of highway 60 north of wabash street east of us 17 and east of bartow in section 4 township 30 range 25. on august 15 13 mailers were sent to area property owners one sign was posted on august 16th and a legal ad was published in the polk sun on august 21st here's a look at the site it's almost completely surrounded by uh the city of bartow a good portion of it is just wetlands this is a canoe launch and i think you can launch a few small motorized boats out of there off an improved facility so you can see it's split between on the left the linear commercial corridor land use district was just not appropriate for passive recreation and vehicle oriented recreation uses on the right it'll change the partial parcel to recreation open space staff has worked with parks and natural resources and going through and vetting these projects again no further developments planned here but this is consistent with comprehensive plan of land development or land development code and i'll stand for questions any questions for staff in this case the county's the applicant i assume yes sir also standing in for them all right so with that we'll open the floor to any public comment anyone here to speak for against this case please come forward state your name and address for the record uh i'm kendall thomas 362 felton street eagle lake and i'm a commercial fisherman and i think we need some kind of small boat ramp there i've commercial fished there my whole life and i've never fished it with a canoe or kayak so we need a place where we can put a nice boat with an outboard in fact if you put a canoe or can i kayak in there now i ain't got to tell you where you wind up at okay thank you thank you thank you any other uh comments on this case for against please please step forward seeing no other comments we'll turn the floor back up to the applicant i assume you'll pass those comments along to polk's the parks and natural resources yes sir and and real quick too this change to record recreation open space will make it more conforming with having a boat ramp and allow 24-hour operations so this gentleman will have better use it but you know there is today boat ramp there today there's a launch but it's a launch but not necessarily a boat ramp and there's no plans for a boat ranch otherwise not that i'm aware of at this time oh sorry we've closed the public portion i appreciate it though okay mr chair move approval of ldcpas 2024-14 second we have a motion and second roll call robert beltron for the motion david dalton i'm for the motion my kickman or the march brook ignini for the motion tommy addison mike schmidt for the motion and angel sims for the motion mr chair passes 7-0 great thank you thanks ian for falling back up with him next case please all right all right next up is ldcpas 2024-17 as the county initiated small-scale comprehensive plan amendment to change the future land use designation from rural cluster center and specifically rural cluster center residential in the land development code to leisure recreation at the homeland heritage park the site's located at 249 church avenue south of 2nd street east of old bartow road north of 4th street west of us 20 us 17 and homeland south and east of bartow in section 4 township 31 range 25 on august 15th 35 mailers were sent to area property owners three signs were posted on august 13th and a legal ad was published in polk sun on august 21st this is going to be my only slide for this one this site if you're familiar with it has original structures from the 1800s including the farmhouse and school and churches actually on the national register the school is rather as a historical structure these fall under the cultural facilities and low intensity recreation uses again no changes proposed for the site but leisure recreation designation is more appropriate than the current residential designation that's on site staff finds this consistent with comprehensive plan and land development code and compatible surrounding uses and i'll stand for or stand for questions any questions seeing none anyone here we're going to turn the floor over to the applicant is the same as the staff and so we'll turn the floor over to the public anybody here to speak for against this case please step forward what why don't you come forward and speak at the microphone and come forward and speak at the microphone please name and address for the record and any questions you have then you'll have a chance to maybe answer them once you're finished my name's john a mcdougall uh most people around homelands know me as aj uh and your address sir my hearing is terrible my eyes ain't all that great anymore we need your address please pardon your address for the record oh uh 328 azalea avenue homelands thank you sir thank you go ahead uh if you don't mind i'd like for you to repeat what was going on there sure what's happening is that currently the park is within this uh rural cluster center residential zoning or land use district it's being changed to something that's more appropriate for what's on site which is leisure recreation zoning no new developments happening it's just changing colors on a map more or less it's it's a more of a bureaucratic task than anything from residential to recreation yes sir okay to accommodate what's there today yeah that answer your question yes sir anything else there no i appreciate it thank you for the history all right anybody else here to speak for against this case please step forward seeing no others we'll take the item back to the board i assume there's no other comments from union good yes sir okay for a motion or discussion mr chair i move to approve ldcpas 2024-17 we have a motion in two seconds i'll let you pick with that we'll take roll call robert belatron for the motion david dalton i'm for the motion mike hickman brooke ignini for the motion tommy addison mike schmidt and angel sims for the motion mr chair passes 7-0 all right ian bring us home last cake all right last one same thing it's the ldcps 2024-18 as the county initiated small-scale comprehensive plan amendment to change the future land use designation from residential low to recreation open spaces at the crystal lake park this is located at 2500 north crystal lake drive west of cumby road north of sky view drive east of lakeland section 21 township 28 range 24. on august 15th 31 mailers were sent to area property owners three signs were posted on august 16th and a legal ad was published in the polk sun on august 21st the staff has received no responses in opposition again here we're just trying to rectify what's on the ground with what's in the code here there's a boat ramp and boardwalk and fishing pier and canoe launch and this fits under passive recreation and vehicle oriented recreation and the recreation open space land use district is most consistent with these uses we find this consistent with the comprehensive plan and compatible surrounding uses and recommend approval any questions for staff seeing none we'll open the floor to the public for any comments on this case for against none seeing none we'll close public portion bring the item back to the board for discussion and or motion mr chair i move to approve ldc pas 2024-18 second we have a motion and a second roll call robert beltron for the motion david adult nine for the motion mike kickman brooke ignini motion tommy addison mike schmidt motion and angel sims for the motion mr chair passes 7-0 all right thank you i believe that includes all our cases today ian you had an item you'd like to discuss uh yes sir yesterday the board adopted ldct 2024-11 this is requiring attendance for planning commission members allowed up to three absences within the calendar year starting with your appointment date this is not retroactive by the way so starting starting the october hearing we'll go forward with this lindsay and i will get