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Planning Commission Staff Report Page 1 of 21
Level 4/J.F. 9/4/2019 12:13:26 PM LDCPAL-2019-6, LDCT 2019-7 October 2, 2019
POLK COUNTY
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
DRC
Date: April 25, 2019
Level of
Review: 4
PC Date: October 2, 2019 Type:
Large Scale Comprehensive Plan Map
Amendment (CPA), Land Development Code
Text Amendment
BoCC
Date: November 5, 2019
Case Numbers: LDCPAL-2019-6, LDCT 2019-7
January 21, 2020 Case Name: Triple Canopy Ranch
Applicant: Dennis Wood Case Planner: Julie Fife, Planner III
Request:
Change the Future Land Use designation from
Agriculture/Residential-Rural (A/RR) to Leisure/Recreation (L/R)
and to amend Appendix 2.135 of the Comprehensive Plan, and
Appendix E of the Land Development Code.
Location:
The subject property is located east of CR 630, south of SR 60, west
of the Osceola County line and north of the Avon Park Air Force
Range in Section 16, Township 31, and Range 30.
Property Owners: Lucky Dick Promotions, LLC
Parcel Size (Number): 345 +/- total acres; 303116-000000-011010, 303116-00000-013040,
303116-000000-014010, 303116-000000-031010
Future Land Use: Agriculture/Residential Rural (A/RR)
Development Area/Overlays: Rural Development Area (RDA)
Nearest Municipality: City of Frostproof
DRC Recommendation: Approval
Planning Commission Vote: Pending
Public Comment: Pending
Department of Economic
Opportunity Objection:
Pending
Location Purposed Future Land Use
Subject Site
L/R
L/R
Planning Commission Staff Report Page 2 of 21
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Summary of Analysis:
The applicant is requesting a Large Scale Comprehensive Plan Map Amendment (CPA) to change the
Future Land Use designation from Agriculture/Residential-Rural (A/RR) to Leisure/Recreation (L/R) in
the Rural Development Area (RDA) on 345 +/- total acres. The applicant has also submitted LDCT 2019-
7 a text amendment to Appendix E of the Land Development Code. This case addresses compatibility
concerns with the following parcels 303116-000000-011030, 303116-000000-01302, which would
remain A/RR and would be surrounded on all sides by L/R. The applicant is requesting a change in land
use for a 55+ mobile home park community and RV park.
Compatibility Summary
The subject site is bordered to the east, north and south by Agriculture/Residential-Rural Future Land Use
designations and to the west by Residential-Medium and Commercial Enclave. The sites adjacent to the
proposed site are single family and undeveloped land.
In 2016, the lower south west portion, of parcel # 303116-000000-011010, received approval for CU 16-
19 for high intensity recreation that includes 20 events per year, however, the applicant has now requested
a RV park or a 55+ mobile home park on the subject site. Pursuant to Policy 2.115-A4.d, RV parks
permitting stays in excess of 30 days shall count each RV space as a unit in accordance with density
limits of Type A, at one RV per five acres with well and septic, two RV’s per acre with public water and
septic and four units to the acre with public water and sewer. A minimum of 50% open space is required
with Type A L/R development.
On April 3, 2019, LDCPAL 2018-16 was recommended for approval by the Polk County Planning
Commission to change the FLU from A/RR to L/R on 257.65 +/- acre portion of the subject site.
LDCPAL 2018-16 was approved to be transmitted to the Department of Economic Opportunity from the
Polk County Board of County Commissioners on May 7, 2019. DEO had concern over compatibility due
to the Avon Park Air Force Range’s proximity. LDCPAL 2018-16 was withdrawn by the applicant so any
compatibility and safety concerns could be addressed.
The subject site is located north of the Avon Park Air Force Range and in the Military Compatibility
Zone - 1 (MCZ-1). POLICY SECTION 2.124-I of the Polk County Comprehensive Plan explains that
Polk County shall support the role of the Avon Park Air Force Range (APAFR) by ensuring that adjacent
future development is compatible with and will not negatively impact range operations. The Polk County
Land Development Code and Polk County Comprehensive Plan do not list Leisure/Recreation as an
incompatible use to the Avon Park Air Force Range, however, Florida Statutes 163.3175(2) state that
certain major military installations, Polk County and Avon Park, have a greater potential for experiencing
compatibility and coordination issues than others. Thus, a request for a conditional CPA is needed for the
land use change and staff recommends approval with conditions to ensure compatibility and safety
standards for the Avon Air Force Range and the subject site.
Infrastructure and Urban Service’s Summary
The subject site has road frontage on CR 630. CR 630 is a paved, two-lane, 24-foot wide rural major
collector with a PCI rating of six, defining it as in “good” condition. CR 630 intersects with SR 60 E to
the northwest. SR 60 E is a state road categorized as a principal arterial road.
The requested Future Land Use designation of L/R is not anticipated to degrade the level-of-service
(LOS) standards of infrastructure and public service facilities within the surrounding area. The RDA
permits the L/R Future Land Use designation. Public safety services, such as Fire, EMS and Sherriff are
available in this area as discussed in this staff report.
Planning Commission Staff Report Page 3 of 21
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Environmental Conditions Summary
The proposed request is not anticipated to have a negative impact upon the environmental features present
on the site. The site is not located in a Wellfield-Protection District and is not located within a one-mile
buffer area of endangered plant/animal community. The soil on the subject site is approximately 50%
Basinger Fine Sand, 30% of Narcoosee Sand, 15% Placid and Myakka Fine Sand and 5% Pomello Fine
Sand. The site is located approximately two miles north of the Avon Part Air Force Range. The subject
property contains two wetland areas and is located in a 100-year flood plain area (Flood Zone A).
Comprehensive Plan
The relevant sections of the Comprehensive Plan are applicable to the project request.
Section 2.102 Growth Management
Section 2.108 Rural-Development Areas (RDA)
Section 2.115 Leisure/Recreation
Section 2.124-I Avon Park Airforce Range Military Compatibility Zone
Section 2.123-B Floodplain-Protection Areas
Section 2.123-C Wetland-Protection Areas
Findings of Fact
The applicant is requesting a Large Scale Comprehensive Plan Map Amendment (CPA) to
change the Future Land Use (FLU) designation from Agriculture/Residential-Rural (A/RR) in the
Rural Development Area (RDA) to Leisure/Recreation (L/R) resulting in a FLU designation on
345 +/- acres.
The subject property includes four parcels. The property owner previously changed the FLU
designation of 90.20 +/- acres, on parcel 303116-000000-011010, from A/RR to L/R. The total
acreage for the parcels is 411.42 +/- acres.
The subject property is bordered by single-family and mobile homes to the south and east and
Indian Lake Estates to the north. The subject property is currently being used for entertainment
facilities, such as golf, and recreation uses.
The proposed request is not anticipated to create a Level-of-Service (LOS) deficiency upon
existing school capacity. The zoned schools are as follows: Frostproof Elementary and
Frostproof Middle/Senior. Both have available capacity.
This request has the potential to generate 1,380 Recreational Vehicles (RV’s) for the subject site
and 360 RV’s for the current L/R for a total of 1,740 RV’s for 55+ age group. The Development
of Regional Impact threshold for RV’s is 500.
Fire response to the subject property is provided by Fire Station 27 currently located at 6221
Hogan Lane, Indian Lake Estates. The estimated travel distance is three (3) miles. Please note
that response times can vary significantly based on many factors.
EMS response is primarily from Station 14 located at 10399 Leisure Lane West, Lake Wales. The
travel distance is eleven (11) miles. Please note that response times can vary significantly based
on many factors.
Planning Commission Staff Report Page 4 of 21
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The subject property is served by the Polk County Sheriff Office’s Southeast District substation
located at 4011 Sgt. Mary Campbell Way, Lake Wales, approximately twenty-six (26) miles from
the subject site.
The subject property is not located within any municipal or private service utility area.
The applicant has stated that the development shall provide its own sewer system in accordance
with the Land Development Code. The anticipated demand of the system is 248,400 GPD. This
will be a concrete package treatment plant with extended aeration and primary and secondary
treatment.
The applicant has stated that a water treatment plant shall be provided for the proposed
development and the estimated volume of consumption is 273,240 GPD.
Table 2.1, of the Polk County Land Development Code, classifies water and sewer treatment as
class III utilities that requires a Level 3 Review. The applicant has submitted a Level 3 Review
(LDCU 2019-22) scheduled to go before the Planning Commission November 6, 2019.
The nearest Community Investment Planned Program is a water supply project located over five
(5) miles away.
The subject property has direct ingress and egress to County Road 630. CR 630 is categorized as
a Rural Major Collector with a 28-foot surface width and a PCI rating of 6, defining it as in
“good” condition.
According to the Florida Natural Areas Biodiversity Matrix, the subject site is not located within
a one-mile radius of an endangered habitat community.
The subject site is not located within any of the County’s Wellhead Protection Districts.
According to the United States Department of Agriculture-Soil Conservation Service, the subject
property is approximately 50% Basinger fine sand, 30% of Narcoosee sand, 15% Placid and
Myakka fine sand and 5% Pomello Fine Sand. The property has an elevation of 122 feet with the
middle south side of the property being the highest and sloping to the northeast side to 89 feet.
The subject property contains two wetland areas, one on the northeast corner of the property and
near the center of the property. Portions of the property near the southwest corner also lie in the
floodplain.
Section 2.108 of the Polk County Comprehensive Plan describes Rural Development Areas
(RDA). Leisure/Recreation is permitted within the RDA and development criteria is given in
Policy 2.108-A5.
According to Policy 2.109-A13 of the Polk County Comprehensive Plan: The purpose of the
Leisure/Recreation (L/R) Future Land Use designation is to provide for facilities and areas
oriented primarily towards providing recreation-related services for residents and short-term
visitors.
The subject property is located within Zone 1 of the Military Compatibility Zone (MCZ) of the
Avon Park Air Force Range. Due to the proximity of the subject site, conditions concerning blast
noise, night sky lighting, low-level flight areas, bird/aircraft strike hazards and conservation
resources from prescribed burning will be placed on LDCPAL 2019-6 and LDCT 2019-7.
Planning Commission Staff Report Page 5 of 21
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Development Review Committee Recommendation: Based on the information provided by the
applicant, recent site visits, and the analysis conducted within this staff report, the Development Review
Committee finds that with the proposed request IS COMPATIBLE with the surrounding land uses and
general character of the area and IS CONSISTENT with the Polk County Comprehensive Plan and Land
Development Code. Therefore, the Development Review Committee (DRC) recommends APPROVAL
of LDCPAL 2019-16 and LDCT 2019-7.
NOTE: This staff report was prepared without the benefit of testimony and evidence submitted by the
public and other interested parties at a public hearing.
NOTE: All written comments made in the application and subsequent submissions of information made
during the application review process, which are on file with the Land Development Division, shall be
considered to be binding upon the applicant, provided such comments are not at variance with the
Comprehensive Plan, LDC or other development regulations in effect at the time of development.
NOTE: Issuance of a development permit by the county does not in any way create any rights on the part
of the applicant to obtain a permit from a state or federal agency and does not create any liability on the
part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill
the obligations imposed by a state or federal agency or undertakes actions that result in a violation of
state or federal law.
Surrounding Land Use Designations and Current Land Use Activity
The following table provides a reference point for notable and pertinent Future Land Use Map
designations and existing land uses upon them.
Table 1
Northwest:
North: Northeast:
CCX and RMX
Utilities/Single-Family
A/RR
Single Family
A/RR
River Ranch Hunting Club
West:
A/RR and ROSX
Single-Family
Subject Property:
A/RR
Undeveloped
East:
A/RR
River Ranch Hunting Club
Southwest:
A/RR and L/R
Single Family Home
South:
LR and A/RR
River Ranch Hunt Club
Southeast:
A/RR
River Ranch Hunt Club
Source: Polk County Geographical Information System and site visit by County staff
Compatibility with the Surrounding Land Uses and Infrastructure:
Compatibility is often regarded as a subjective term used to express one’s opinion or feeling about the
appropriateness of locating different uses adjacent to each other rather than being based upon facts or
evidence to support those opinions or feelings. The American Planning Association (APA) defines
compatibility as “the characteristics of different uses or activities or design which allow them to be
located near or adjacent to each other in harmony.” Some elements affecting compatibility include (but
are not limited to): height, scale, mass and bulk of structures, pedestrian or vehicular traffic, landscaping,
lighting, noise, odor, or whether or not something is aesthetically pleasing (Source: A Planner’s
Dictionary; American Planning Association).
Planning Commission Staff Report Page 6 of 21
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According to Policy 2.102-A2 of Polk County’s Comprehensive Plan, “land shall be developed so that
adjacent uses are compatible with each other, pursuant to the requirements of other policies in this Future
Land Use Element, so that one or more of the following provisions are accomplished: a. there have been
provisions made which buffer incompatible uses from dissimilar uses; b. incompatible uses are made to
be more compatible to each other through limiting the intensity and scale of the more intense use; and c.
uses are transitioned through a gradual scaling of different land use activities through the use of
innovative development techniques such as a Planned Unit Development.” The “development criteria”
and the “density and dimensional regulations” of a land use district are often the measuring tools used by
staff to determine compatibility and the appropriateness of locating differentiating uses.
The definition of Compatibility in the Comprehensive Plan is as follows:
COMPATIBILITY: A condition in which land uses or conditions can coexist in relative
proximity to each other in a stable fashion over time such that no use or condition is unduly
negatively impacted directly or indirectly by another use or condition.
The subject site is located in a rural part of the County. The subject properties are bordered by single
family homes, undeveloped land and River Ranch. The subject property received approval for CU 16-19
High Intensity Recreation that includes twenty events a year. Event facilities are not permitted in L/R but
outdoor concerts are a level 3 Review. Therefore, to have outdoor concerts in the L/R the Level 3 CU will
have to be maintained. However, the application states a desire to have a recreational vehicle park or
mobile home park that has to be 55+.
Indian Lake Estates development, located to the northwest of the property across CR 630, includes the
RS, ROS, RL and RM Future Land Use designations. Indian Lake Estates was a community, plated
before the Polk County Comprehensive Plan was approved in 1991 and it includes 8,168 lots.
Pursuant to Policy 2.115-A4,d., a RV park permitting stays in excess of 30 days shall count each RV
space as a unit according to Type A: one RV per five acres with well and septic, two RVs per acre with
public water and septic and four units to the acre with public water and sewer. The requested LR Future
Land Use designation on the southern portion of the subject site, is compatible and consistent with the
infrastructure in place on CR 630.
The Joint Land Use Study (JLUS) completed in 2010 by Central Florida Regional Planning Council and
the Avon Park Air Force Range shares concerns on blast noise, low level flight areas, bird and aircraft
strike hazards and nightsky lighting. The subject property is located within Military Compatibility Zone-1
(MCZ-1) and properties within this radius are located inside a three-mile buffer zone of the Range
perimeter and may experience some of these concerns. Thus development standards are included as part
of LDCT 2019-7 to address the viability of the Avon Park Air Force Range and coordinate an effort to
address said concerns mentioned in the JLUS and Comprehensive Plan. The JLUS and Comprehensive
plan, however, do not address density numbers and or what is considered too intense for the MCZ-1 area
for units per acre. If the subject site where to remain A/RR it would be allowed to develop one single
family home per five acres and approximately 69 homes could be developed. The applicant is requesting
a Future Land Use change to L/R and desires to have seasonal RV’s on the location at four units per acre
thus creating less permanent structures in comparison to single family homes.
LDCT 2019-7 also addresses compatibility concerns with the following parcels 303116-000000-011030,
303116-000000-01302, which would remain A/RR and would be surrounded on all sides by L/R. A 100-
foot buffer will be maintained by the proposed development to these two parcels. The applicant will also
provide a 25-foot access easement for these two parcels if they develop.
Planning Commission Staff Report Page 7 of 21
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Nearest Elementary, Middle, and High School
The applicant is requesting a L/R Future Land Use designation in the RDA. The schools within the
subject zoned area are Frostproof Elementary and Frostproof Middle/Senior. Currently, the zoned schools
have available capacity to serve the proposed development and the proposed request is not anticipated to
create a deficient level-of-service as it is for L/R and a future 55+ mobile home park which does not
permit full time residents. The capacity of the zoned schools may change between the CPA approval and
time of a Level 2 review.
Table 2: School Information
Name of School
Student Generation
Rates @ 4 units per
acre
Distance to School
Frostproof Elementary 270 19 miles
Frostproof Middle/Senior High 182 18 miles
Source: Polk County School Board and “Estimating Maximum Feasible Build-out Study.” The
anticipated demand is based upon annual student ratios per unit for single-family development.
Elementary schools 0.196, Middle schools 0.094 and High schools 0.132.
Nearest Sheriff, Fire, and EMS Station
The nearest Sheriff and Fire/EMS stations are listed below (see Table 3).
Table 3
Name of Station Distance Response Time*
Sheriff Office’s Southeast District substation, 4011 Sgt.
Mary Campbell Way, Lake Wales
±26 miles 14 minutes
Fire Fire Station 27, 6221 Hogan Lane, Indian Lake
Estates, Lake Wales
±3 miles 6 minutes
EMS Station 14, 10399 Leisure Lane West, Lake Wales ±11 miles 12 minutes
Source: Polk County Sheriff’s Office and Public Safety *Response times are based from when the
station receives the call, not from when the call is made to 911.
Water and Wastewater Demand and Capacity:
A. Estimated Demand and Service Provider:
Table 4, to follow, provides generalized estimates of the anticipated water and wastewater demands.
Planning Commission Staff Report Page 8 of 21
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B. Available Capacity:
The subject property is not located within any municipal or private service utility area. The applicant has
stated that the development shall provide its own sewer system in accordance with the Land Development
Code. The anticipated demand of the system is 248,400 GPD. This will be a package treatment plant with
extended aeration and primary and secondary treatment. The applicant has stated that a water treatment
plant shall be provided for the proposed development and the estimated volume of consumption is
273,240 GPD.
C. Planned Improvements:
The nearest Community Investment Program project is a water supply project located over five (5) miles
away but does not impact the connections to water and sewer for this project.
Roadways/ Transportation Network
A. Capacity and B. Conditions
The surrounding roadway network is adequate to serve the proposed Future Land Use designation. CR
630 is a paved, two-lane, 24-foot wide rural major collector and tracked for traffic counts or concurrency
on the Polk County Transportation Planning Organization’s Roadway Network Database. CR 630
intersects with SR 60 to the northwest. CR 60 is a state road categorized as a principal arterial road.
According to the Transportation Planning Organization’s Roadway Network Database, there is adequate
capacity on CR 630 as well as other roads within the area transportation network to support the
development at this time. On average, approximately 738 vehicles travel on CR 630 daily and the link
provides a “B” level-of-service.
At this time, the Polk County Citrus Connection does not offer service along this portion of CR 630. The
closest connect for transit would be Route 35 connecting in Lake Wales/Babson Park/South County Jail.
Table 4
Proposed Site
345 +/- acres
From A/RR to LR
Estimated Impact Analysis
Existing Maximum Permitted
Use in the
Agricultural/Residential Rural
Estimated Maximum Permitted
Use in the Leisure Recreation
Permitted Intensity/Density 345 acres @ 1 du/5 ac
69 units
345 acres x 4 du
1,380 du
Potable Water Consumption
(GPD)
69 x 360 GPD
24,840 GPD
1380 du x 198 GPD
273,240 GPD
Wastewater Generation (GPD) 69 GPD x 270
18,630 GPD
1380 du x 180 GPD
248,400 GPD
Source: Polk County Concurrency Manual & Polk County Utilities Polk County Comprehensive Plan,
Single-Family Water=360 GPD Wastewater=270 GPD; RV units generate 198 GPD of water and 80%
for sewer.
Planning Commission Staff Report Page 9 of 21
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Table 6
Link #
Road Name
Current
LOS
Available
Capacity
Minimum
LOS
Standard
Projected
Five
Year
LOS
4065E CR 630 (Indian Lakes Cutofff)
US 27 to SR60 B 738 C B
4065E CR 630 (Indian Lakes Cutofff)
US 27 to SR60 B 738 C B
5912E SR 60E
(CR 630 to Osceola County Line) B 780 C B
5912W SR 60E
(CR 630 to Osceola County Line) B 780 C B
Source: Polk Transportation Planning Organization, Roadway network Database 2017
C. Planned Improvements
There are no planned improvements for the roads in this area based on the Community Investment
Program 5-Year roadway projects.
Environmental Conditions:
A. Surface Water
The property has an elevation of 122 feet with the middle east side of the property being the highest and
sloping to the southern west side to 89 feet.
B. Wetlands/Floodplains
The subject property contains two wetland areas, one on the northeast corner of the property and the other
one near the center of the property. Portions of the property near the southwest corner also lie in the
floodplain.
Table 5
Proposed Site
345 ± acres
From A/RR to LR
Estimated Impact Analysis
Existing Land Use designation
(A/RR)
Proposed Land Use designation
(LR) @ 4 du
Permitted Density/
345 acres @ 1 du/5 ac
69 units
345 x 4du
1380
Average Annual Daily Trips
(AADT)
69 x 7.81 AADT
539
1380 du x 5.0
6,900
PM Peak Hour Trips 69 x 1.01
69
1380 du x 0.46
635
Source: Trip Generation Manual – Institute of Transportation Engineers (ITE). The ITE rate used to
determine the impact of Single-family Residential (210) trips within the existing A/RR Future Land Use
designation is a rate of 7.81 AADT and 1.00 MPH rate per unit were used. ITS for L/R at a rate of 5.0
AADT and 240 MHP plus PM 0.46. All trips generated are new trips. Source: Transportation Planning
Organization
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C. Wells (public/private)
There are no private or public wells on site. The subject property is not located in a public Wellhead
Protection Area.
D. Airports
The subject site is not located within Airport Impact District (AID). This information is based on the
latest Polk County Airport Regulations approved on June 26, 2017 by the Polk County Joint Airport
Zoning Board.
E. On-Site Soils
According to the United States Department of Agriculture-Soil Conservation Service, the subject property
is approximately 50% Basinger Fine Sand, 30% of Narcoosee Sand, 15% Placid and Myakka Fine Sand
and 5% Pomello Fine Sand. Future development of the site will be subject to Section 2.303: “Soils” of the
County’s Comprehensive Plan (in conjunction with the Land Development Code) which requires all
development to implement Best Management Practices based on the Department of Environmental
Protection’s (DEP) Florida Development Manual.
Table 7
F. Protected Species
According to the Polk Endangered Habitat Map of the Future Land Use Map Series (FLUMS), the subject
site is not within a one-mile radius of a protected animal and plant species sighting (Source: the Florida
Natural Areas Inventory of 2011). This means that a certified environmentalist did not identify an
endangered or protected animal(s) within one mile of the property during the survey period of the 2011
study. The proposed land use change request is not anticipated to have a significant negative impact upon
endangered species (See Section 2.209: Ecological Communities of the Comprehensive Plan and Section
660: Ecological Communities of the Land Development Code).
Park Facilities
The nearest park facility is Lake Walk-in-Water boat ramp over 11 miles from the proposed development.
The proposed Comprehensive Plan Future Land Use designation Amendment Map from A/RR to L/R
Soil Name Septic Tank Absorption
Field Limitations
Limitations to
Dwellings w/o
Basements
Percentage of Site
(approximate)
Basinger Fine Sand
(36) Severe: ponding, poor
filter Sever: ponding 50%
Narcoosee Sand
(74) Severe: wetness, poor
filter Moderate: wetness 30%
Placid Sand (25),
Myakka Fine Sand
(17)
Severe: flooding, wetness,
poor filter and ponding
Sever: flooding, wetness
and ponding 15%
Pomello Fine Sand
(22) Severe: wetness, poor
filter Sever: ponding 5%
Source: United States Department of Agriculture Natural Resources Conservation Service, *Table 12:
Because of poor filtration, ground water contamination is a hazard in many areas that have a
concentration of homes with septic tanks.
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should not affect the level-of-service for park facilities because there are adequate park facilities in the
general vicinity.
There are no proposed improvements from the County for additional parks in the vicinity of the proposed
development.
Economic Factors
As this is a very rural part of the County, market trends are still in development on what works well in
this area. However, there is a substantial amount of existing mobile home and recreational parks in this
area. Development in this area would benefit the local economy from sales taxes for construction building
materials, corporate taxes on builders’ profits, income taxes on construction and fees for zoning and
building inspections.
Consistency with the Comprehensive Plan and Land Development Code:
Many policies within the Comprehensive Plan are reviewed for consistency with an application. The
most relevant policies for the proposed request are included in the staff report. The policy is first stated
and then an analysis of how the request is provided to state that it may or may not be consistent with the
Comprehensive Plan. The request is consistent with the following policies of the Comprehensive Plan.
The following policies were reviewed:
POLICY 2.102-A1 – POLICY 2.102-A2 Growth Management
SECTION 2.108:A1– Rural-Development Areas (RDA)
POLICY 2.115-A4 – POLICY A4 Leisure Recreation
POLICY 2.124-I – Avon Park Airforce Range Military Compatibility Zone
OBJECTIVE 2.123.B – Floodplain Protection Areas
Table 9
Comprehensive Plan Policy Consistency Analysis
POLICY 2.102-A1: DEVELOPMENT LOCATION
- Polk County shall promote contiguous and compact
growth patterns through the development process to
minimize energy costs, conserve land, water, and
natural resources, minimize the cost of services, and
prevent development patterns where tracts of land
are by-passed in favor of development more distant
from services and existing communities.
Staff finds the proposed development is
compatible with neighboring properties and
there is adequate infrastructure to support the
development. The applicant will be providing a
water/wastewater treatment plant for the
proposed development per LDCU 2019-22.
POLICY 2.102-A2: COMPATIBILITY - Land shall
be developed so that adjacent uses are compatible
with each other, pursuant to the requirements of
other Policies in this Future Land Use Element, so
that one or more of the following provisions are
accomplished:
a. there have been provisions made
which buffer incompatible uses from
dissimilar uses;
b. incompatible uses are made to be
more compatible to each other
through limiting the intensity and
scale of the more intense use;
c. uses are transitioned through a
The proposed CPA is compatible with the
existing development activity
(Leisure/Recreation) in the area. Part of the
parcel has already been approved for high
intensity Leisure/Recreation. Northwest of the
subject site is Indian Lake Estates which
includes 8,168 lots.
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Comprehensive Plan Policy Consistency Analysis
gradual scaling of different land use
activities through the use of
innovative development techniques
such as a Planned Unit Development.
SECTION 2.108-A1: RURAL-DEVELOPMENT
AREAS (RDA) - Rural-Development Areas (RDA)
shall be all unincorporated areas within the County
that are not located within a Transit Supportive
Development Area, Urban-Growth
Area, Suburban-Development Area, or Utility
Enclave Area. Development in these areas is
characterized by large open areas, agricultural use,
with scattered development and rural centers.
Services are limited and mostly found in the rural
centers and clustered developments.
The proposed L/R Future Land Use designation
will be located within the RDA. The subject
property is consistent with the location criteria
as defined in this section. The area has limited
services and is in a rural area.
POLICY 2.115-A4, d: LEISURE RECREATION -
DEVELOPMENT CRITERIA: Type A
Leisure/Recreation -Permitted in all development
areas, lodging densities may not exceed one dwelling
unit per five acres (1 du/5 ac.) if there is no
centralized community or public potable water
system. Housing densities may reach two dwelling
units per acre (2 du/ac.) if there is centralized
community or public water provided. With central
water and sewer, housing densities may reach four
units per acre (4 du/ac.). A minimum of 50% open
space is required within a Type A L/R development.
The subject property is located within the RDA
and adequate space to hold the proposed
development and abide by the 50% open space
requirement of Type A L/R. The applicant will
have to submit for a Level 3 Review for Class
III utilities for public water and sewer to
achieve the higher densities. Indian Lake
Estates development, located to the northwest of
the property across CR 630, includes the RS,
ROS, RL and RM Future Land Use
designations. Indian Lake Estates was a
community, plated before the Polk County
Comprehensive Plan was approved in 1991 and
it includes 8,168 lots.
POLICY SECTION 2.124-I: AVON PARK
AIRFORCE RANGE MILITARY
COMPATIBILITY ZONE - OBJECTIVE 2.124-I: In
compliance with Chapter 163.3177(6)(a) F.S., Polk
County shall support the role of Avon Park Air Force
Range (APAFR) by ensuring that adjacent future
development is compatible with and will not
negatively impact range operations.
The subject site should not negatively impact
the Avon Park Airforce Range as the portion of
the parcel that is closest to the Range has
already been changed to L/R and is used for
events and outdoor entertainment and
conditions have been placed on this CPA to
ensure the viability of the Range.
OBJECTIVE 2.123-B: The Polk County Plan shall
limit development and redevelopment within areas
subject to flooding, as designated in the Floodplain
Protection Areas overlay, to development activities
and intensities which will not enlarge the off-site
floodplain, alter the natural function of the floodplain
and for which the risk of loss of property and life is
minimal.
The subject site does contain floodplains and
wetland areas and this is a concern that given
with CU 16-19 and will be something that needs
to be completely addressed in the future to
implement this land use change if approved.
Planning Commission Staff Report Page 13 of 21
Level 4/J.F. 9/4/2019 12:13:26 PM LDCPAL-2019-6, LDCT 2019-7 October 2, 2019
Conditions for Compatibility Land Development Code or Comprehensive
Plan
An exclusive 25-foot access easement shall be
provided and displayed to parcels A and B in
Figure H.2. A 100 foot buffer shall be provided
around these parcels, maintained by the proposed
development, due to their Agriculture
Residential/Rural Future Land Use designation.
Land Development Code, Section 709, I: Parking
Area Design - Interconnected Parking Areas and
Comprehensive Plan POLICY 2.124-I5
The Site Plan, submitted at Level 2 Review, shall
only allow for Mobile Homes above the area
marked on the map in Exhibit 6 of LDCPAL 2019-
6.
Land Development Code, Section 642, A. and
Comprehensive Plan POLICY 2.124-I5
Per the JLUS (7.2.4), Low Level Flight Areas
signage shall be placed at the entrance and
throughout the subject site to state that there is
potential of low flying aircraft.
Comprehensive Plan POLICY 2.124-I2 and
POLICY 2.124-I3, Land Development Code
Section 642, C.i.
Per the JLUS (7.2.6), bird/aircraft strike hazards
shall be addressed by conditioning covered trash
cans for property and all special events.
Comprehensive Plan POLICY 2.124-I1 and
POLICY 2.124-I2
Per the JLUS (7.2.7), lighting during nighttime
training from the Avon Park Air Force Range shall
be addressed by coordinating the events between
the Avon Park Airforce Range and/or land owner.
Lighting for events shall be consistent with “dark
sky” requirements.
Land Development Code Section 642, C.
Per the JLUS (7.2.8), Conservation resources
(prescribed burning) on the Avon Park Air Force
Range shall be addressed by coordination of
schedules with Avon Park Air Force Range and
developer and/or land owner.
Comprehensive Plan POLICY 2.124-I2
Planning Commission Staff Report Page 14 of 21
Level 4/J.F. 9/4/2019 12:13:26 PM LDCPAL-2019-6, LDCT 2019-7 October 2, 2019
Urban Sprawl Criteria
The proposed L/R Future Land Use Designation in the RDA for this area does not lend itself to urban
sprawl. The project site is being developed together with surrounding sites. However, the following
urban sprawl analysis is provided to fulfill statutory requirements. (Policy 2.102-A11)
Urban Sprawl Criteria:
The following criteria are the primary indicators of urban
sprawl.
Page(s) referenced in this report
a. Promotes substantial amounts of low-density, low-
intensity, or single use development in excess of
demonstrated need.
Summary of Analysis, Compatibility
with Surrounding Land Uses
b. Allows a significant amount of urban development to
occur in rural areas.
Summary of Analysis, Compatibility
with Surrounding Land Uses
c. Designates an urban development in radial, strip
isolated, or ribbon patterns emanating from existing
urban developments.
Summary of analysis, surrounding
Development, compatibility
d. Fails to adequately protect and conserve natural
resources and other significant natural systems. Environmental Conditions
e. Fails to adequately protect adjacent agricultural areas. Summary of Analysis, Compatibility
with Surrounding Land Uses
f. Fails to maximize existing public facilities and
services.
Schools, Public Facilities and
Water/Sewer Sections
g. Fails to minimize the need for future facilities and
services.
Schools, Public Facilities and
Water/Sewer Sections
h. Allows development patterns that will
disproportionately increase the cost of providing
public facilities and services.
Summary of Analysis, Compatibility
with Surrounding Land Uses
i. Fails to provide a clear separation between urban and
rural uses.
Summary of Analysis, Compatibility
with Surrounding Land Uses
j. Discourages infill development or redevelopment of
existing neighborhoods.
Summary of Analysis, Compatibility
with Surrounding Land Uses
k. Fails to encourage an attractive and functional mixture
of land uses.
Summary of Analysis, Compatibility
with Surrounding Land Uses
l. Will result in poor accessibility among linked or
related land uses.
Summary of Analysis, Compatibility
with Surrounding Land Uses
m. Results in the loss of a significant amount of open
space.
Summary of Analysis, Compatibility
with Surrounding Land Uses and
Environmental Conditions
Planning Commission Staff Report Page 15 of 21
Level 4/J.F. 9/4/2019 12:13:26 PM LDCPAL-2019-6, LDCT 2019-7 October 2, 2019
Comments from other Agencies:
From: MACLAUGHLIN, CHARLES E CIV USAF ACC 598 RANS/RMD
<charles.maclaughlin.1@us.af.mil>
Sent: Wednesday, July 31, 2019 3:25 PM
To: Fife, Julie <JulieFife@polk-county.net>
Subject: [EXTERNAL]: RE: Triple Canopy LDCPAL 2019-6
While we greatly appreciate the concessions the developer seemed willing to make, after careful
consideration, our recommendation to the Planning Commission and ultimately to the County
Commissioners is that any land use change in the MCZs that increases the dwelling unit density above
what is currently approved for AG/RR (1 du/5 acres I believe) would be incompatible with the Range’s
airspace and mission and would significantly increase the risk to public safety.
Charles “Buck” MacLaughlin, USAF
Range Operations Officer
Avon Park AFR
813-857-7109
Exhibits:
Exhibit 1 Location Map
Exhibit 2 Aerial Photograph (context)
Exhibit 3 Aerial Photograph (close-up)
Exhibit 4 Current Future Land Use Map
Exhibit 5 Proposed Future Land Use Map
Exhibit 6 Site Plan
Planning Commission Staff Report Page 16 of 21
Level 4/J.F. 9/4/2019 12:13:26 PM LDCPAL-2019-6, LDCT 2019-7 October 2, 2019
Exhibit 1
LOCATION MAP
Subject Site
Planning Commission Staff Report Page 17 of 21
Level 4/J.F. 9/4/2019 12:13:26 PM LDCPAL-2019-6, LDCT 2019-7 October 2, 2019
Avon Park air Force
Range
Portion to Change
CR 630
SR 60
Osceola
County Line
Exhibit 2
AERIAL PHOTOGRAPH
(context)
Planning Commission Staff Report Page 18 of 21
Level 4/J.F. 9/4/2019 12:13:26 PM LDCPAL-2019-6, LDCT 2019-7 October 2, 2019
Portion to be changed to L/R
Exhibit 3
AERIAL PHOTO
(close-up)
Planning Commission Staff Report Page 19 of 21
Level 4/J.F. 9/4/2019 12:13:26 PM LDCPAL-2019-6, LDCT 2019-7 October 2, 2019
Exhibit 4
CURRENT FUTURE LAND USE MAP
(A/RR)
Portion to be changed to
L/R
A/RR
A/RR
A/RR
A/RR
L/R
Planning Commission Staff Report Page 20 of 21
Level 4/J.F. 9/4/2019 12:13:26 PM LDCPAL-2019-6, LDCT 2019-7 October 2, 2019
Portion to be changed to L/R
Exhibit 5
PROPOSED FUTURE LAND USE MAP
(L/R)
L/R L/R
A/RR
A/RR
A/RR
A/RR
L/R
Planning Commission Staff Report Page 21 of 21
Level 4/J.F. 9/4/2019 12:13:26 PM LDCPAL-2019-6, LDCT 2019-7 October 2, 2019
Exhibit 6
SITE PLAN
The location of lots and waste water treatment plant
shown on map are for illustrated purposes only and
are not binding.
Mobile Homes are not allowed below this line.
A
B
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