Appendix E - January 2020

Polk County Land Development Code E1 Appendix EAdopted 3/01/00; Effective 9/01/00 Revised January 2020

APPENDIX E

Section E101 Purpose and Intent

A Parcel Specific Future Land Use with conditions (PSLUC) may be established as the result of a comprehensive plan amendment, which has been reviewed and adopted by the Board of County Commissioners. These parcels will be identified on the Future Land Use Map Series (FLUMS) and the Land Development Code Sub-District Map (LDCSDM). Development regulations for a PSLUC are to be applied in conjunction with the requirements of the Polk County Comprehensive Plan and the development regulations contained herein and elsewhere in this Code. The regulations contained in this Code apply unless otherwise provided for in this Appendix. Where conflict occurs between the regulations within this Appendix and other regulations of this Code, the PSLUC regulations shall guide and regulate development.

Section E102 Applicability

A Parcel Specific Future Land Use with conditions (PSLUC) established is based upon policies and provisions in the Comprehensive Plan. Each PSLUC specifies the Future Land Use Districts permitted within its boundaries, and are reflected in the Future Land Use Map Series (FLUMS). The suffix “PC” for Parcel Conditions, in the land use district abbreviation indicates that the standard district has been modified for the particular property. Permitted or conditional uses within the district are shown on the Use Tables for each individual PSLUC. The district description and intent is the same as those for the Standard Land Use districts in Section 203 and 204, of the Land Development Code, except as modified by the Comprehensive Plan and Appendix E. In addition, conditional uses are listed in Section 303.

Section E103 Development in Established Parcel Specific Future Land Use with conditions (PSLUC)

Development in all PSLUC shall comply with the land use tables and requirements of this Appendix in addition to all other development standards of this Code. When a Planned Development or Conditional Use is requested, it shall be reviewed and processed in accordance with Chapters 3 and 9 of this LDC. PSLUC shall be consistent with existing Planned Developments and Conditional Uses or applications submitted prior to the adoption of a Neighborhood Plan if they are to remain in effect.

Section E104 More Restrictive Provisions of LDC to Apply

All other provisions of the Land Development Code not expressly modified by this Appendix shall remain in full force and effect to the extent they are not in conflict with any provisions contained herein. To the extent there is a conflict between these


regulations and regulations found elsewhere in the Land Development Code, the more stringent of regulation shall apply.

Section E105

Parcel Specific Comprehensive Plan Amendments (CPA) with Conditions (Revised: LDC 17T-07 – Ord. 18-009 (1/23/18); LDC 17T-02 – Ord. 17-019 (04/18/17); LDC 17T-01 – Ord. 17-021 (4/18/17); LDC 16T-12, Ord. 17-010; LDC 17T-03 – Ord. 17-006; LDC 16T-10 – Ord. 17-004; LDC 16T-05 – Ord. 16-041 (9-6-16); LDC 16T-02 – Ord. 16-038; LDC 15T-08 – Ord. No. 15-052 – 8/19/15; Ord. No. 14-040 – 07/22/14)

Table E1 Parcel Specific Comprehensive Plan Amendments (CPA) with Conditions

Subsection CPA Case Number CPA Approval Date Parcel Number(s) A. LDC 17T-03 January 17, 2017 Conditions Removed B. CPA 14S-07 July 22, 2014 242917-285000-006301

242917-285000-006302 C. CPA 15B-02 August 18, 2015 283201-000000-011130

283201-000000-011150 D. CPA 16C-03 July 5, 2016 232815-000000-013030

232815-000000-013040 232815-000000-013230

E. CPA 16C-02 September 6, 2016 242827-000000-014022 242827-000000-014001 242827-000000-041011 242827-000000-041030 242827-000000-041032 242827-000000-041033

F. CPA 17A-02 January 17, 2017 252911-000000-031020 G. CPA 16S-12 February 21, 2017 232822-094500-002242 H. CPA 16D-02 April 18, 2017 272614-000000-021010

272614-000000-022010 I. CPA 16D-07 April 18, 2017 232803-000000-024000

232803-000000-024010 232803-021000-000102 232803-021000-000301 232803-021000-000302

J. CPA 17D-06 January 23, 2018 232717-000000-012020 012160, 012120, 021100, 021050 and 232716-000000-043010

K. CPA 18C-01 August 24, 2018 232911-000000-012120 232911-000000-012200 232911-000000-012030


A. Removed by LDC 17T-03 adopted 01/17/2017

B. CPA 14S-07 – Parcel ID #: 242917-285000-006301 & 242917-285000-006302 (Added Ord. No. 14-040 – 07/22/14)

1. Applicability The provisions and requirements of this Subsection apply to the subject site, the boundaries of which are shown on the Future Land Use Map Series and Land Use District maps, more particularly those depicted in the panel showing Range 24, Township 29, Section 17. The site is legally described as: Lot 63, W.F. Hallam & Company’s Club Colony Tract, in Section 17, Township 29 South, Range 24 East, Polk County, Florida, as recorded in Plat Book 1, Page 102A, public records of Polk County, Florida; LESS AND EXCEPT road rights of way for County Road 540A & High Glen Drive

2. Allowable Uses and Intensity of Development All allowable uses shall comply with the following additional site development standards prior to site alteration or development:

a. Any development or redevelopment of the subject site shall be conditioned upon a 10 foot wide Type “B” Landscape Buffer, in accordance with Section 720 of this code shall be required, adjacent to the High Glen & Groveglen South subdivisions to the north and east of the boundaries of the Activity Center Plan.

b. Any development or redevelopment of the subject site shall be conditioned upon a 5 foot wide Type “B” Landscape Buffer, including a minimum six feet high block or masonry wall shall be required, in accordance with Section 720 of this code, along the entire North boundary of the NAC land use.

c. The maximum height of any on-site light source shall be 24 feet. Illumination shall be directional and any spill onto adjacent properties shall not exceed 0.5 foot candles.


d. The minimum setback of the light source from any residential property line shall be a horizontal distance of 20 feet, except when the light source is adjoining a right-of-way. If the on-site light source adjoins a right-of-way, the lighting can be placed within the landscape buffer ten feet in width.

e. Any building(s) within 200 feet of the centerline of High Glen Drive shall be designed to achieve a residential appearance or otherwise include design components to break the wall plane (change in plane or height, change in texture or patterns, include doors, windows or articulated base, etc.). No buildings within the 200 feet of the centerline of High Glen Drive shall have a main entrance on the western wall facing High Glen Drive. Corner entries shall be allowed.

f. External operations such as receiving deliveries, docking, loading or unloading of trucks, shall be limited to the hours between 6 a.m. and 8 p.m. on any loading area less than 200 feet east of High Glen Drive as measured from the centerline of roadway.

g. Sidewalks shall be constructed, 5 feet wide along both sides of High Glen Drive adjacent to the subject site, as development occurs; sidewalk design and construction on the West side of High Glen Drive shall be subject to right of way availability.

h. The master stormwater detention pond shall be designed to accommodate the 100-yr/24-hr storm event for the entire Activity Plan property. The edge of the retention pond shall be landscaped with similar planting materials of a Type A Buffer along any side not adjacent to another buffer.

i. All signs shall be monument signs and shall not exceed eight feet in height.

j. No Drive-Thru/Drive-In Restaurants or Transit Facilities shall be allowed within 200 feet of the intersection of High Glen Drive, as measured from the centerline of roadway.

k. Retail uses shall not exceed 10,000 square feet per building.


l. Prior to Level 2 Approval for any structure or use on the property, the applicant shall demonstrate negotiations with the McDonald’s for cross access.

3. Revised Use Table The following Use Table (Table E3) specifies the level of approval for those uses within the NAC District modified by this amendment. Additionally, the conditions as outlined in Section 303 of this Code shall apply to each use listed below. All other uses will be permitted as per Table 2.1 of this LDC:


TABLE E3 - NAC ALLOWABLE LAND USES FOR CPA 14S-07 and LDC 14T-03

LEVEL 2 LEVEL 3 LEVEL 4 Childcare Center Convenience Stores Cultural Facility Financial Institution Gas Station, Government Facility Retail Nurseries Nurseries and Greenhouses Recreation Passive Restaurant Sit-Down/Take-Out Retail up to 5,000 square feet Retail 5,000 square feet to 34,999sf Utilities Class I Utilities Class II

Alcohol Package Sales School, Leisure/Special Interest Self-storage Facility Transit, Facility Vehicle Service Mechanical

Retail, 35,000 - 64,999 sq. ft Retail, More than 65,000 sq. ft

4. The Activity Center Plan (ACP), as required per Policy 2.110-J1, g, is reflected below and the final ACP shall meet the conditions of approval in sections 1 through 3 above and the relevant sections of the Land Development Code.


C. CPA 15B-02 - Parcel IDs #: 283201-000000-011130 and 283201-000000-011150


1. Applicability The provisions and requirements of this Subsection apply to the subject site, the boundaries of which are shown on the Future Land Use Map Series and Land Use District maps, more particularly those depicted in the panel showing Range 28 EAST, Township 32, Section 1. The site is legally described as: The South 650 feet of that part of U.S. Government Lot 1, lying east of Lake Reedy Boulevard, less and except a strip of land 200 feet wide, east to west lying east of and adjacent to Lake Reedy Boulevard, in Section 1, Township 32 South, Range 28 East, Polk County, Florida.

And the South 50 feet of that part of the U.S. Government Lot 1, lying between Lake Reedy Boulevard and the waters of Lake Reedy, in Section 1, Township 32 South, Range 28 East, Polk County, Florida. And Begin at the intersection of the south line of U.S. Government Lot 1 in Section 1, Township 32 South, Range 23 East, Polk County, Florida, and the easterly right-of-way line of Lake Reedy Boulevard, and run East 200 feet, thence northerly parallel to said easterly right-of-way line to a point 50 feet north of said south line of said U.S. Government Lot 1, thence west 200 feet to said right-of-way line, thence southerly along said right-of-way line to the point of beginning.

2. The following uses are prohibited:

a. High Intensity Recreation

b. Vehicle Oriented Recreation

c. Hotels and Motels

D. CPA 16C-03 – Parcel IDs#:232815-000000-013030, 232815-000000-013040, 232815-000000-013230. (Added 08/02/16 – Ord. 16-038)

1. Applicability The provisions and requirements of this Subsection apply to the subject site, the boundaries of which are shown on the Future Land Use Map Series and Land Use District maps, more particularly those depicted in the panel showing Range 23, Township 28, Section 15. The site is legally described as:


A parcel of land being a portion of the Northwest 1/4 of the Northeast 1/4 and the Northeast 1/4 of the Northwest 1/4 of Section 15, Township 28 South, Range 23 East, Polk County, Florida, being recorded in Official Records Book 9487, Page 1959, Public Records of Polk County, Florida, described as follows; Commence at the southwest corner of said Northwest 1/4 of the Northeast 1/4 of Section 15 for the point of Beginning; thence along the boundary lines of said parcel recorded in Official Records Book 9487, Page 1959 for the following three (3) courses; (1) South 89"16'43" West, 329.46 feet; (2) thence North 00"40'02" West, 823.65 feet to a point on a non-tangent curve the right having a radius of 3520.54 feet, a central angle of 08"07'38", a chord bearing of North 82"51'33" East, and a chord distance of 498.96 feet; (3) thence Northeasterly along the arc of said curve, 499.38 feet; thence South 00"19'06" East, leaving said boundary lines, 85.92 feet to a point on a non-tangent curve the right having a radius of 3434.72 feet, a central angle of 03"09'37", a chord bearing of North 88"26'02" East, and a chord distance of 189.42 feet; thence Northeasterly along the arc of said curve, 189.45 feet to the point of tangency; thence South 89"59'10" East, 937.01 feet to the boundary line of aforesaid parcel recorded in Official Records Book 9487, Page 1959; thence along the boundary lines of said parcel for the following seventeen (17) courses; (1) South 00"54'07" East, 90.35 feet; (2) thence South 00"54'07" East, 100.00 feet; (3) thence South 00"19'44" East, 100.00 feet; (4) thence South 00"14'38" West, 100.02 feet; (5) thence South 00"54'07" East, 100.00 feet; (6) thence South 01"28'29" East, 14.72 feet; (7) thence South 89"47'34" West, 96.08 feet; (8) thence South 88"59'06" West, 100.00 feet; (9) thence South 89"26'36" West, 100.00 feet; (10) South 00"33'24" East, 12.70 feet; (11) thence South 89"26'36" West, 100.00 feet; (12) thence South 00"54'07" East, 145.00 feet; (13) thence South 89"26'36" West, 705.01 feet; (14) thence South 00"54'07" East, 100.00 feet; (15) thence North 89"26'36" East, 80.00 feet; (16) thence South 00"54'07" East, 25.00 feet; thence South 89"26'36" West, 271.34 feet to the Point of Beginning.

2. The following uses are prohibited:

a. Airports

b. Bars, Lounges, and Taverns

c. Communication Towers, Guyed, Lattice, or monopole

d. Gas Stations

e. Heliports and helistops


f. Lime Stabilization Facility

g. Power Plants

h. Retail

i. Transit Facility

j. Utilities

k. Commercial Vehicle Parking

3. Intensity of Development All allowable uses shall comply with the following additional site development standards and display on all Level 2, 3 or 4 Reviews:

a. Lighting shall be consistent with Dark Skies best practices as listed in Section 642 of the Land Development Code;

b. As part of the required reconstruction of Chestnut Road, the applicant shall construct certain improvements between Memorial Boulevard and the southern boundary of the Subject Property as follows:

i. On the west side of Chestnut Road along the length of the Subject Property, dedicate sufficient right of way to provide forty (40’) feet from centerline of Chestnut Road;

ii. Chestnut Road shall be improved to a collector road standards with a total of two (2) twelve (12’) foot travel lanes

iii. On the west side of Chestnut Road, construct a six (6’) foot sidewalk and a six (6’) foot paved shoulder;

iv. On the east side of Chestnut Road, construct a sidewalk meeting Polk County Land Development Code requirements, within the existing available right of way; and

v. The final engineered design of the new cross-section of N. Chestnut Road shall be submitted with the plans for the first building constructed on the subject property and shall be completed prior to the issuance of the certificate of occupancy for same.


vi. The applicant shall coordinate with Roads and Drainage to install Pedestrian warning signs between Memorial Boulevard and the southern end of the site.

c. Any access from Memorial and any access from Chestnut Road shall require cross access to the OC and the CC land uses;

d. Truck traffic exiting the site from the southernmost driveway shall not be permitted to turn south on Chestnut Road and the southernmost driveway shall be constructed consistent with standards in the LDC and designed to prevent truck traffic from traveling south on Chestnut Road;

e. All buildings shall have an office front appearance, generally consistent with the architectural design demonstrated in the figure below, while allowing for appropriate loading and unloading facilities:

f. All retention ponds shall be designed to resemble natural features this can include any combination of pond shape or the use of planting materials;


g. There shall be no cold storage within 750 feet of the western right of way line of Chestnut Road;

h. There shall be no overnight idling of trucks unless connected to an electric power source;

i. For structures exceeding fifty (50) feet in height, setbacks from parcels designated or developed as residential shall be increased by one-half of one foot for each one foot of height over (fifty) 50 feet

j. The landscaping along the property lines shall be as follows and consistent with the figure below:

i. the landscaping on the eastern boundary, except for driveway cuts, shall be consistent with a Type “C” Buffer as indicated in Section 720 of the LDC; and

ii. Landscaping along the southern and western property boundaries shall include a combination of enhanced landscape standards, 5 foot tall berm and fencing consistent with the specifications as stated in the following figure La


k. Any changes to this section shall be subject to the public hearing and notice requirements for a Comprehensive Plan map amendment as listed in Chapter 9 of the Land Development Code.

E. CPA 16C-02 - Parcel IDs #: 242827-000000-014022, 242827-000000-014001, 242827- 000000-041011, 242827-000000-041030, 242827-000000-041032 and 242827-000000-041033

1. Applicability The provisions and requirements of this Subsection apply to the subject site, the boundaries of which are shown on the Future Land Use Map Series and Land Use District maps, more particularly those depicted in the panel showing Range 24, Township 24, and Section 27. The site is legally described as: THE FOLLOWING THREE PARCELS OF LAND RECORDED IN O.R. BOOK 9414, PAGE 1026, IN THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA, ALSO BEING REFERENCED IN THE DEED AS PARCEL ID# 242827-000000-014022, PARCEL ID# 242827-000000-041001, PARCEL ID # 242827-000000-041011. AND THE PARCEL OF LAND RECORDED IN O.R. BOOK 6613, PAGE 1593, IN THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA, ALSO KNOWN AS PARCEL ID# 242827-000000-041030. AND

THE PARCEL OF LAND RECORDED IN O.R. BOOK 9698, PAGE 222, IN THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA, ALSO KNOWN AS PARCEL ID# 242827-000000-041033.

AND THE PARCEL OF LAND RECORDED IN O.R. BOOK 9693, PAGE 240, IN THE PUBLIC RECORDS OF POLK COUNTY, FLORIDA, ALSO KNOWN AS PARCEL ID# 242827-000000-041032.


2. Salvage Yards and outdoor activity shall not be within 300 feet from residential land uses. The 300 foot buffer can count towards the minimum 10 acre requirement for a salvage yard.

3. Construction Aggregate, Processing and Storage shall be limited to a defined area as described by legal description and map depicted below: A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 28 SOUTH, RANGE 24 EAST, POLK COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SW CORNER OF THE NE ¼ OF THE SW ¼ OF SECTION 27, TOWNSHIP 28 SOUTH, RANGE 24 EAST, POLK COUNTY, FLORIDA; THENCE N 00°00'00" E, ALONG THE WEST LINE OF SAID NE ¼ OF THE SW ¼, A DISTANCE OF 96.13 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF MINE AND MILL ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 2009, PAGE 846, PUBLIC RECORDS OF POLK COUNTY, FLORIDA; THENCE N 89°56'52" E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 395.47 FEET TO THE POINT OF BEGINNING; CONTINUE N 89°56'52" E, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF MINE AND MILL ROAD, 174.82; THENCE S83°46'29"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 15.08 FEET; THENCE S00°05'29"W, 375.36 FEET; THENCE EAST, 253.00 FEET; THENCE N00°05'29"E, 325.24 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVED WESTERLY HAVING A RADIUS OF 50.00 FEET, CHORD BEARING OF N07%%d15'39"W AND A CHORD DISTANCE OF 65.37 FEET, SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF SAID MINE AND MILL ROAD; THENCE NORTHERLY ALONG SAID CURVE THRU A CENTRAL ANGLE OF 81%%d38'42", AN ARC LENGTH OF 71.25 FEET TO THE END OF SAID CURVE; THENCE N85°58'05"E, 664.44 FEET; THENCE S28°59'30"E, 219.88 FEET; THENCE S14°41'53"E, 323.86 FEET; THENCE WEST, 375.00 FEET; THENCE SOUTH, 430.78 FEET; THENCE WEST 360.52 FEET; THENCE NORTH, 399.50 FEET; THENCE WEST 375.65 FEET; THENCE NORTH, 36.67 FEET; THENCE WEST, 125.01 FEET; THENCE SOUTH, 109.57 FEET; THENCE EAST, 25.09 FEET; THENCE SOUTH, 65.00 FEET; THENCE WEST, 100.00 FEET; THENCE NORTH 65.00 FEET; THENCE EAST 25.09 FEET; THENCE NORTH, 549.68 FEET RETURNING TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 651,972 SQAURE FEET OR 14.97 ACRES, MORE OR LESS.



4. The following uses shall be prohibited:

a. Hazardous Waste Transfer, Storage

b. Hazardous Waste Treatment Facilities

c. Manufacturing Explosives/Volatile Material

d. Railroad Yard

5. All General Manufacturing uses shall be in enclosed structures within 300 feet from residential land uses.

6. Any changes to this section shall be subject to the notice requirements for a Comprehensive Plan map amendment as listed in Chapter 9 of the Land Development Code (LDC).



F. CPA 17A-02 – Parcel ID#: 252911-000000-031020

1. Applicability The provisions and requirements of this Subsection apply to the subject site, the boundaries of which are shown on the Future Land Use Map Series and Land Use District maps, more particularly those depicted in the panel showing Range 25, Township 29, Section 11. The site is legally described as: THE SOUTH 530.00’ OF THE FOLLOWING DESCRIBES THE PROPERTY. A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 11 AND THE SOUTHWEST ¼ OF SECTION 2 OF TOWNSHIP 29 SOUTH, RANGE 25 EAST, POLK COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID NORTHWEST ¼ OF SECTION 11, THENCE S89°47’18”-W ALONG THE SOUTH BOUNDARY OF SAID NORTHWEST ¼ OF SECTION 11 A DISTANCE OF 40.00 FEET TO THE WEST RIGHT OF WAY LINE OF SPIRIT LAKE ROAD ACCORDING TO MAP BOOK 4, PAGE 741, PUBLIC RECORDS OF POLK COUNTY, FLORIDA; THENCE N00°00’25”-W ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 1788.60 FEET TO THE POINT OF BEGINNING; THENCE S89°37’40”-W A DISTANCE OF 826.37 FEET; THENCE NORTH 00°00’25”-W A DISTANCE OF 870.33 FEET TO THE SOUTH BOUNDARY OF SAID SOUTHWEST ¼ OF SECTION 2; THENCE CONTINUE N-00°00’25”-W A DISTANCE OF 252.22 FEET TO THE SOUTH RIGHT OF WAY LINE OF THORNHILL ROAD ACCORDING TO MAP BOOK 1, PAGES 31-33, PUBLIC RECORDS OF POLK COUNTY, FLORIDA; THENCE ALONG SAID SOUTH RIGHT OF WAY THE FOLLOWING SIX COURSES; S67°30’17”-E A DISTANCE OF 29.14 FEET; THENCE S67°47’29”-EAST A DISTANCE OF 200.00 FEET; THENCE S67°30’17”-E A DISTANCE OF 200.00 FEET; THENCE S67°47’29”-E A DISTANCE OF 217.56 FEET TO THE NORTH BOUNDARY OF SAID NORTHWEST ¼ OF SECTION 11; THENCE CONTINUE S67°47’29”-E A DISTANCE OF 177.40 FEET TO A POINT ON A RIGHT OF WAY LINE FOR SPIRIT LAKE ROAD, ACCORDING TO MAP BOOK 3, PAGE 117, PUBLIC RECORDS OF POLK COUNTY, FLORIDA; THENCE S-46°18’50”-EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 88.33 FEET TO SAID WEST RIGHT OF WAY LINE OF SPIRIT LAKE ROAD, THENCE S-00°00’25”-E ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 743.62 FEET TO THE POINT OF BEGINNING.

CONTAINING 10.05 ACRES MORE OR LESS.


2. Revised Use Table The following modified Use Table (Table E4) replaces Table 2.1 and specifies the type of uses, and levels of approval required for those uses, allowable within this BPC-1 site. All conditions outlined in Section 303 of this Code shall apply to each use listed below:

TABLE E4 - BPC ALLOWABLE LAND USES FOR CPA 17A-02 AND LDC 16T-10

LEVEL 1 OR 2 REVIEW LEVEL 3 REVIEW LEVEL 4 REVIEW Communication Towers (Monopole) Community Center Convenience Stores (Isolated) Cultural Facility Farming Financial Institution Gas Station Golf Course Government Facility Nurseries/Greenhouses Nurseries, Retail Offices Office Park Manufacturing, Light Passive Recreation Personal Service Printing and Publishing Production Studio Religious Institution Research & Development Restaurant, Sit-down/Take-out Retail (0-64,999 s.f.) School (special interest, technical, university/college) Self-storage Solar Power Production Facility Transit Facility Utilities, Class I & II Warehousing

Agriculture (Off-site) Animal Farm (intensive) Communication Towers (Guyed/Lattice) Mining Non-Phosphate Multi-family Planned Development Retail (65,000 or more s.f.) Utilities, Class III Water Ski Schools

Power Plants, Non-Certified (low)

3. Additional Site Development Standards


In addition to all applicable standards of this Code, all allowable uses shall comply with the following additional site development standards prior to site alteration or development:

a. All proposed development or redevelopment of the site adjacent to a residential use or residential future land use designation shall be conditioned upon a 50-foot wide buffer area that shall include the plantings of a Type “C” Landscape Buffer as outlined in Section 720 of this Code and a minimum six foot high opaque fence.

b. All development shall submit a lighting plan. All lighting shall be directional and fully shielded with cut-off, non-glare fixtures directed straight downward onto the subject site. The maximum height of on-site lighting fixtures shall be limited to 17 feet. All light fixtures shall be setback a horizontal distance of at least 50 feet from any residentially used or designated property. Illumination onto adjacent properties and rights-of-way shall not exceed 0.5 foot candles, measured at the property line of the site.

c. All loading and unloading areas shall be at least fifty (50) feet from all property lines abutting residentially used or designated property.

d. All doors and loading bays shall remain closed except while being accessed for loading and/or unloading.

e. All activities shall be conducted within the enclosed building. There shall be no outdoor activities or storage.

f. Structures shall not exceed fifty (50) feet in height.

g. Hours of operation shall be limited to between 7 a.m. and 9 p.m. Monday-Friday. There shall be no activity on-site on Saturday or Sunday.

G. CPA 16S-12 – Parcel ID# 232822-094500-002242 (Added 2/21, Ord. 17-010 (CPA 16T-12)

1. Applicability The provisions and requirements of this Subsection apply to the subject site, the boundaries of which are shown on the Future Land Use Map Series and Land Use District maps, more particularly those depicted in the panel showing Range 23, Township 28, Section 22. The site is legally described as: Parcel 2: Begin 284.10 feet East of the Northwest corner of the Southeast ¼


of the Northeast ¼ of Section 22, Township 28 South, Range 23 East, Polk County, Florida, and run thence East, 377.75 feet; thence S00°28’00’’W, a distance of 377.75 feet; thence N00°25’00”W to the POINT OF BEGINNING.

2. Revised Use Table The following modified Use Table (Table E4) replaces Table 2.1 and specifies the type of uses, and levels of approval required for those uses, allowable within this BPC-2 site. If the uses are not listed in this table it is prohibited. All conditions outlined in Section 303 of this Code shall apply to each use listed below:

TABLE E4 - PERMITTED USES FOR CPA 16S-12 AND LDC 16T-12

LEVEL 1 OR 2 REVIEW (AS PER TABLE 2.1)

LEVEL 3 REVIEW

Aquiculture Communication Towers (Monopole) Community Center Cultural Facility Farming Financial Institution Golf Course Government Facility Nurseries and Greenhouses Nurseries, Retail Offices Office Park Manufacturing, Light Passive Recreation Personal Service Printing and Publishing Production Studio Religious Institution Research & Development Restaurant, Sit-down/Take-out Retail (0-64,999 s.f.) School (special interest, technical, university/college) Self-storage Utilities, Class I & II Warehousing

Agriculture Support (Off-site) Animal Farm (intensive) Commercial Vehicle Parking Communication Towers (Guyed/Lattice) Multi-family Planned Development Retail (65,000 or more s.f.) Vehicle Repair Vehicle Recovery


3. Additional Site Development Standards In addition to all applicable standards of this Code, all allowable uses shall comply with the following additional site development standards prior to site alteration or development:

a. All proposed development or redevelopment of the site adjacent to a residential use or residential future land use designation shall be conditioned upon a natural 20-foot buffer at a length of a 175-feet that increases to 25-feet for the remainder of the western property line, a natural 50-foot buffer on the eastern property line, and a natural 130-foot buffer on the southern property line to include the plantings of a Type “C” Landscape Buffer as outlined in Section 720 of this Code and a minimum six foot high opaque fence.

b. All development shall submit a lighting plan. All lighting shall be directional and fully shielded with cut-off, non-glare fixtures directed straight downward onto the subject site. The maximum height of on-site lighting fixtures shall be limited to 17 feet. All light fixtures shall be setback a horizontal distance of at least 50 feet from any residentially used or designated property. Illumination onto adjacent properties and rights-of- way shall not exceed 0.5 foot candles, measured at the property line of the site.

c. All loading and unloading areas shall be at least fifty (50) feet from all property lines abutting residentially used or designated property.

d. All doors and loading bays shall remain closed except while being accessed for loading and/or unloading.

e. Structures shall not exceed fifty (50) feet in height.

f. Hours of operation shall be limited to between 7 a.m. and 7 p.m. Monday-Friday.

H. CPA 16D-02 – Parcel IDs#:232803-000000-024000, 232803-000000-024010, 232803-021000-000102, 232803-021000-000301, 232803-021000-0000302. (Revised LDCT 2019-2 – Ord. No. 19-051; Added 17T-02 – Ord No. 17-019 (4/18/17)

1. Applicability The provisions and requirements of this Subsection apply to the subject site, the boundaries of which are shown on the Future Land Use Map Series and Land Use District maps, more particularly those depicted in the panel showing Range


23, Township 28, Section 03. The site is legally described as: A parcel of land being a portion of Lots 1 through 4, WEBSTER & OMOHUNDRO EST. LANDS, being in the Northwest 1/4 of the Southeast 1/4 of Section 3, Township 28 South, Range 23 East, Polk County, Florida, and a portion of the Southwest 1/4 of the Southeast 1/4 of Section 3, Township 28 South, Range 23 East, Polk County, Florida, being described as follows: Commence at the northeast comer of said Northwest 1/4 of the Southeast 1/4 of Section 3 for the Point of Beginning; thence South 00°16'07" East, along the east line of said Northwest 1/4 of the Southeast 1/4 and the east line of aforesaid Southwest 1/4 of the Southeast 1/4 of Section 3, a distance of 2614 feet, more or less, to the intersection of said east line of Southwest 1/4 of the Southeast 1/4 and the north right-of-way line of Bella Vista Street; thence South 89°41'55" West, along said north right-of-way line, 1305 feet. more or less, to the intersection of said north right-of-way line of Bella Vista Street and the east right-of-way line of George Wheeler Road; thence North 00°21'40" West, along said east right-of-way line of George Wheeler Road, 1301 feet, more or less, to the north line of aforesaid Southwest 1/4 of the Southeast 1/4 of Section 3; thence North 89°47'13" East, along said north line of the Southwest 1/4 of the Southeast 1/4, a distance of 645 feet, more or less, to the east line of the West 1/2 of aforesaid Lot 1; thence North 00°20'03" West, along said east line of the West 1/2 of Lot 1 a distance of 329 feet, more or less, to the north line of said Lot 1; thence South 89°46'47" West, along said north line of Lot 1, a distance of 645 feet, more or less, to aforesaid east right-of-way line of George Wheeler Road; thence North 00°21'40” West, along said east right-of-way line of George Wheeler Road, 164 feet, more or less, to the south line of the North 1/2 of aforesaid Lot 2; thence North 89'46'46" East, along said south line of the North 1/2 of aforesaid Lot 2, a distance of 247 feet, more or less, to the east line of the west 264.48 feet of said Lot 2; thence North 00°20'03" West, along said east line of the west 264.48 feet of said Lot 2, a distance of 164 feet, more or less, to the north line of said Lot 2; thence South 89°46'20" West, along said north line of said Lot 2, a distance of 247 feet, more or less, to aforesaid east right-of-way line of George Wheeler Road; thence North 00°21'40" West, along said east right-of-way line of George Wheeler Road, 507 feet, more or less, to the south line of the North 150 feet of aforesaid Lot 4; thence North 89°45'26" East, along said south line of the North 150 feet of Lot 4, a distance of 294 feet, more or less, to the east line of the West 310.4 feet of Lot 4; thence North 00°20'03" West, along said east line of the West 310.4 feet of Lot 4, a distance of 150 feet, more or less, to the north line of aforesaid Northwest 1/4 of the Southeast 1/4 of Section 3; thence North 89°45'25" East, along said north line of aforesaid Northwest 1/4 of the Southeast 1/4, a distance of 1016 feet, more or less, to the Point of Beginning.


Less and except: A parcel of land being a portion the Southwest ¼ of the Southeast ¼ of Section 3, Township 28 South, Range 23 East, Polk County, Florida being described as follows: Commence at the intersection of the north right-of-way line of Bella Vista Street and the east right-of-way line of George Wheeler Road; thence North 00°21’40” West, along said east right-of-way line, 731 feet more or less to the north line of aforesaid Southwest ¼ of the Southeast ¼ of Section 3; thence North 89°47’13” East, along said north line of the Southwest ¼, a distance of 537 feet, more or less; thence South 00°21’40” East, parallel with aforesaid east right-of-way line of George Wheeler Road, a distance of 731 feet, more or less; thence South 89°47’13” West, parallel with said north line of aforesaid Southwest ¼ of the Southeast ¼, a distance of 537 feet, more or less, to the Point of Beginning.

Said parcel containing 9.00 acres, more or less.

2. Permitted and conditional uses within the L/R Land Use designation shall be allowed with the following restrictions, as shown in figure H.1:

a. No concert or other event with amplified noise will be held within 536 feet of the western boundary of the subject site adjacent to George Wheeler Road.

b. No concert or other event with amplified noise will be held on any portion of the subject site within 658 feet of the north boundary.

c. No vehicle oriented use shall be allowed on the subject property with the exception of parking at events.


Figure H.1

I. CPA 16D-07 – Parcel IDs#: 272614-000000-021010. (Added Ord. 17-021 - LDC 17T-01 - 04/18/2017)

1. Applicability. The provisions and requirements of this Subsection apply to the subject site, the boundaries of which are shown on the Future Land Use Map Series and Land Use District maps, more particularly those depicted in the panel showing Range 27, Township 26, Section 14. The site is identified as Parcel 272614 000000 021010 and the north 200 feet of Parcel 272614 000000 022010 and legally described as: THE NORTH HALF OF THE SOUTHEAST QUARTER (N1/2 OF SE 1/4), EXCEPTI THAT PART OWNED BY THE ATLANTIC COAST LINE RAILROAD; THAT PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER (N1/2 OF SW 1/4) LYING EAST OF OLD DIXIE HIGHWAY # 2; THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (SW 1/4 OF NW 1/4 LYING SOUTH AND EAST OF OLD DIXIE HIGHWAY # 2, ALL IN SECTION


FOURTEEN (14), TOWNSHIP TWENT-SIX (26) SOUTH, RANGE TWENTY-SEVEN (27) EAST, AS RECORDED IN DEED BOOK 749, PAGE 58, AT BARTOW, IN POLK COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING FOUR WETLAND AREAS (WETLANDS 1 - 4), MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXCEPTION WETLAND 1: COMMENCE FROM THE SOUTHWEST CORNER OF POLK COUNTY PARCEL NUMBER 272614 000000 032030, DESCRIBED BY WARRANTY DEED RECORDED IN OFFICIAL RECORD BOOK 9251, PAGES 513 & 514, PUBLIC RECORDS OF POLK COUNTY, FLORIDA, SAID POINT BEING HELD AS THE SOUTHWEST CORNER OF THE SOUTHEAST ¼, OF THE NORTHWEST ¼ OF SECTION 14, TOWNSHIP 26 SOUTH, RANGE 27 EAST, POLK COUNTY, FLORIDA, BEING A 4 INCH BY 4 INCH CONCRETE MOMUMENT WITH NO IDENTIFICATION, HAVING A NORTHING COORDINATE OF 1,414,054.57 AND AN EASTING OF 789,312.74 OF THE STATE PLANE COORDINATE SYSTEM FOR THE FLORIDA WEST ZONE; RUN THENCE N00°04'48”W ALONG THE WEST BOUNDARY OF SAID SOUTHEAST ¼ OF THE NORTHWEST ¼, A DISTANCE OF 244.35 FEET TO THE POINT OF BEGINNING. THENCE N00°04'48”W A DISTANCE OF 58.46 FEET; THENCE N24°38'43”W A DISTANCE OF 27.71 FEET; THENCE S82°59'40”W A DISTANCE OF 71.77 FEET; THENCE N67°37'44”W A DISTANCE OF 54.81 FEET; THENCE N52°53'56”W A DISTANCE OF 57.17 FEET; THENCE N05°02'39”W A DISTANCE OF 106.79 FEET; THENCE N43°00'21”W A DISTANCE OF 28.03 FEET; THENCE S52°36'06”W A DISTANCE OF 33.79 FEET; THENCE S05°37'59”W A DISTANCE OF 130.27 FEET; THENCE S59°30'55”W A DISTANCE OF 68.42 FEET; THENCE S50°28'10”W A DISTNACE OF 109.11 FEET; THENCE S30°05'22”W A DISTANCE OF 94.30 FEET; THENCE S26°56'18”W A DISTANCE OF 54.63 FEET; THENCE S50°33'39”W A DISTANCE OF 110.27 FEET; THENCE S45°46'46”W A DISTANCE OF 59.94 FEET; THENCE S22°27'31”W A DISTANCE OF 63.74 FEET; THENCE S49°52'58”W A DISTANCE OF 56.93 FEET; THENCE S57°31'14”W A DISTANCE OF 95.28 FEET; THENCE S40°44'02”W A DISTANCE OF 72.84 FEET; THENCE S31°05'49”W A DISTANCE OF 59.64 FEET; THENCE S28°05'08”W A DISTANCE OF 66.78 FEET; THENCE S02°26'00”E A DISTANCE OF 67.84 FEET; THENCE S35°43'44”E A DISTANCE OF 86.25 FEET; THENCE S74°22'08”E A DISTANCE OF 40.26 FEET; THENCE N61°43'57”E A DISTANCE OF 47.44 FEET; THENCE S55°50'40”E A DISTANCE OF 34.42 FEET; THENCE N82°44'01”E A DISTANCE OF 39.28 FEET; THENCE N55°19”32”E A DISTANCE OF 24.78 FEET; THENCE N12°07'33”E A DISTANCE OF 70.25 FEET; THENCE N66°08'15”E A DISTANCE OF 68.52 FEET; THENCE N73°07'51”E A


DISTANCE OF 96.50 FEET; THENCE N70°27'46”E A DISTANCE OF 96.93 FEET; THENCE N35°58'26”E A DISTANCE OF 123.59 FEET; THENCE N40°04'29”E A DISTANCE OF 139.19 FEET; THENCE N24°31'31”E A DISTANCE OF 54.51 FEET; THENCE N13°47'45”W A DISTANCE OF 60.65 FEET; THENCE N41°35'24”W A DISTANCE OF 93.54 FEET; THENCE N18°15'27”E A DISTANCE OF 91.94 FEET; THENCE N49°12'25”E A DISTANCE OF 50.10 FEET; THENCE S76°03'35”E A DISTANCE OF 91.14 FEET; THENCE N73°03'49”E A DISTANCE OF 92.65 FEET; THENCE N51°44'10”E A DISTANCE OF 17.51 FEET TO THE POINT OF BEGINNING. EXCEPTION WETLAND 2: COMMENCE FROM THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 14, TOWNSHIP 26 SOUTH, RANGE 27 EAST HAVING A NORTHING COORDINATE OF 1,412,727.03, AND EASTING OF 787,982.58 FOR THE STATE PLANE COORDINATE SYSTEM FOR THE FLORIDA WEST ZONE. RUN THENCE N89°36'52”E ALONG THE SOUTH BOUNDARY OF SAID NORTHWEST ¼ OF SOUTHWEST ¼, A DISTANCE OF 355.10 FEET TO THE POINT OF BEGINNING. THENCE N28°09'49”E A DISTANCE OF 49.73 FEET; THENCE N20°35'14”W A DISTANCE OF 53.82 FEET; THENCE N30°40'44”W A DISTANCE OF 65.71 FEET; THENCE N03°15'28”E A DISTANCE OF 39.69 FEET; THENCE N02°07'35”E A DISTANCE OF 54.33 FEET; THENCE N38°23'22”W A DISTANCE OF 75.16 FEET; THENCE N30°31'54”W A DISTANCE OF 50.19 FEET; THENCE N20°10'52”W A DISTANCE OF 77.81 FEET; THENCE N23°35'33”W A DISTANCE OF 69.20 FEET; THENCE N11°47'15”W A DISTANCE OF 67.29 FEET; THENCE N58°58'09”W A DISTANCE OF 80.63 FEET; THENCE N35°16'46”W A DISTANCE OF 41.67 FEET; THENCE N28°35'36”W A DISTANCE OF 46.19 FEET; THENCE N11°30'17”W A DISTANCE OF 44.69 FEET; THENCE N55°55'11”E A DISTANCE OF 27.94 FEET; THENCE N61°06'34”E A DISTANCE OF 28.06 FEET; THENCE N60°05'48”E A DISTANCE OF 46.73 FEET; THENCE N65°20'14”E A DISTANCE OF 62.64 FEET; THENCE N32°48'45”E A DISTANCE OF 61.76 FEET; THENCE N46°29'18”E A DISTANCE OF 56.23 FEET; THENCE N13°16'18”W A DISTANCE OF 48.84 FEET; THENCE N22°49'35”E A DISTANCE OF 43.70 FEET; THENCE N50°29'37”E A DISTANCE OF 61.44 FEET; THENCE N56°24'16”E A DISTANCE OF 48.32 FEET; THENCE N63°21'55”E A DISTANCE OF 49.33 FEET; THENCE S88°22'26”E A DISTANCE OF 28.08 FEET; THENCE S16°29'25”E A DISTANCE OF 31.85 FEET; THENCE S01°35'33”E A DISTANCE OF 57.16 FEET; THENCE S27°23'24”E A DISTANCE OF 81.85 FEET; THENCE S31°21'55”E A DISTANCE OF 81.89 FEET; THENCE S38°18'48”E A DISTANCE OF 71.49 FEET; THENCE S71°48'36”E A DISTANCE OF 36.47 FEET; THENCE S45°08'49”E A DISTANCE OF 37.43 FEET; THENCE S29°10'36”W A DISTANCE OF 42.08 FEET; THENCE S22°00'32”W A


DISTANCE OF 38.25 FEET; THENCE S12°30'00”W A DISTANCE OF 77.03 FEET; THENCE S18°59'24”E A DISTANCE OF 76.36 FEET; THENCE S23°23'13”E A DISTANCE OF 61.72 FEET; THENCE S53°12'59”E A DISTANCE OF 82.58 FEET; THENCE S83°53'07”E A DISTANCE OF 36.66 FEET; THENCE S36°37'11”E A DISTANCE OF 85.96 FEET; THENCE S05°33'24”W A DISTANCE OF 24. 70 FEET; THENCE S25°26'39”W A DISTANCE OF 64.48 FEET; THENCE S51°24'55”W A DISTANCE OF 77.12 FEET; THENCE S59°58'08”W A DISTANCE OF 46.55 FEET; THENCE S63°48'37”W A DISTANCE OF 36.34 FEET; THENCE S10°16'37”W A DISTANCE OF 25.30 FEET; THENCE S34°03'29”E A DISTANCE OF 43.44 FEET; THENCE S38°46'29”E A DISTANCE OF 58.32 FEET; THENCE S66°29'20”E A DISTANCE OF 60.39 FEET; THENCE N87°24'23”E A DISTANCE OF 134.67 FEET; THENCE N80°26'47”E A DISTANCE OF 135.88 FEET; THENCE N74°57'31”E A DISTANCE OF 72.50 FEET; THENCE N73°15'15”E A DISTANCE OF 38.70 FEET; THENCE S62°49'45”E A DISTANCE OF 70.37 FEET; THENCE S08°52'52”W A DISTANCE OF 51.41 FEET; THENCE S89°36'52”W ALONG SAID SOUTH BOUNDARY OF NORTHWEST ¼ OF SOUTHWEST ¼, A DISTANCE OF 822.41 FEET TO THE POINT OF BEGINNING. EXCEPTION WETLAND 3: COMMENCE FROM THE NORTHEAST CORNER OF THE NORTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 14, TOWNSHIP 26 SOUTH, RANGE 27 EAST, POLK COUNTY FLORIDA BEING A 4 INCH BY 4 INCH CONCRETE MONUMENT STAMPED PRM 1784, HAVING A NORTHING COORDINATE OF 1,414,070.41, AND AN EASTING OF 790,657.05 FOR THE STATE PLANE COORDINATE SYSTEM OF THE FLORIDA WEST ZONE; RUN THENCE S89°19'30”W ALONG THE NORTH BOUNDARY OF SAID NORTHEAST ¼ OF SOUTHWEST ¼, A DISTANCE OF 94.79 FEET TO THE POINT OF BEGINNING; THENCE S35°51'08”W A DISTANCE OF 62.44 FEET; THENCE S49°19'16”W A DISTANCE OF 74.23 FEET; THENCE S39°07'14”W A DISTANCE OF 67.54 FEET; THENCE S38°37'33”W A DISTANCE OF 51.58 FEET; THENCE S47°25'18”W A DISTANCE OF 84.79 FEET; THENCE S26°00'22'W A DISTANCE OF 49.39 FEET; THENCE S17°38'42”W A DISTANCE OF 87.78 FEET; THENCE S26°15'09”W A DISTANCE OF 97.72 FEET; THENCE S44°59'26”W A DISTANCE OF 90.28 FEET; THENCE S72°40'45”W A DISTANCE OF 99.93 FEET; THENCE N80°10'25”W A DISTANCE OF 134.22 FEET; THENCE S31°21'48”W A DISTANCE OF 80.84 FEET; THENCE S07°41'48”E A DISTANCE OF 87.18 FEET; THENCE S00°18'51”E A DISTANCE OF 54.59 FEET; THENCE S21°16'34”W A DISTANCE 140.92 FEET; THENCE S47°18'00”W A DISTANCE OF 81.34 FEET; THENCE S67°37'57”W A DISTANCE OF 123.00 FEET; THENCE N88°07'38”W A DISTANCE OF 103.93 FEET; THENCE N63°17'06”W A DISTANCE OF 90.16 FEET; THENCE S23°44'38”W A DISTANCE OF 85.87 FEET; THENCE


S18°03'08”W A DISTANCE OF 95.32 FEET; THENCE S58°55'53”W A DISTANCE OF 58.61 FEET; THENCE N78°37'47”W A DISTANCE OF 74.35 FEET; THENCE N71°56'17”W A DISTANCE OF 65.58 FEET; THENCE N41°24'43”W A DISTANCE OF 88.36 FEET; THENCE N39°46'12”W A DISTANCE OF 44.57 FEET; THENCE N27°37'09”W A DISTANCE OF 61.71 FEET; THENCE N14°11'09”W A DISTANCE OF 43.06 FEET; THENCE N16°31'30”W A DISTANCE OF 41.10 FEET; THENCE N19°10'28”W A DISTANCE OF 42.70 FEET; THENCE N20°12'33”W A DISTANCE OF 68.25 FEET; THENCE N12°58'50”W A DISTANCE OF 48.89 FEET; THENCE N38°04'30”E A DISTANCE OF 61.49 FEET; THENCE N32°31'23”E A DISTANCE OF 61.09 FEET; THENCE N59°08'10”E A DISTANCE OF 35.95 FEET; THENCE N59°02'29”E A DISTANCE OF 42.92 FEET; THENCE N36°00'16”E A DISTANCE OF 65.02 FEET; THENCE N27°26'43”E A DISTANCE OF 41.92 FEET; THENCE N19°26'37”E A DISTANCE OF 64.66 FEET; THENCE N05°13'51”W A DISTANCE OF 30.34 FEET; THENCE N12°17'15”E A DISTANCE OF 69.47 FEET; THENCE N43°04'31”E A DISTANCE OF 145.28 FEET; THENCE N17°24'13”E A DISTANCE OF 51.12 FEET; THENCE N53°41'23”E A DISTANCE OF 68.81 FEET; THENCE N40°57'43”E A DISTANCE OF 44.04 FEET; THENCE N72°24'02”E A DISTANCE OF 49.35 FEET; THENCE N04°38'08”E A DISTANCE OF 66.13 FEET; THENCE N89°19'30”E ALONG SAID NORTH BOUNDARY OF NORTHEAST ¼ OF SOUTHWEST ¼, A DISTANCE OF 1007.54 FEET TO THE POINT OF BEGINNING. EXCEPTION WETLAND 4: COMMENCE FROM THE NORTHEAST CORNER OF THE NORTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 14, TOWNSHIP 26 SOUTH, RANGE 27 EAST, POLK COUNTY FLORIDA BEING A 4 INCH BY 4 INCH CONCRETE MONUMENT STAMPED PRM 1784, HAVING A NORTHING COORDINATE OF 1,414,070.41, AND AN EASTING OF 790,657.05 FOR THE STATE PLANE COORDINATE SYSTEM OF THE FLORIDA WEST ZONE; RUN THENCE S00°00'33”W ALONG THE EAST BOUNDARY OF SAID NORTHEAST ¼ OF THE SOUTHWEST ¼, A DISTANCE OF 1325.39 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF THE SOUTHEAST 1/4; THENCE N89°37'22”E ALONG SOUTH BOUNDARY OF SAID NORTHWEST ¼ OF THE SOUTHEAST ¼ A DISTANCE OF 503.09 FEET TO THE POINT OF BEGINNING. THENCE N30°48'02”E A DISTANCE OF 83.98 FEET; THENCE N16°39'12”E A DISTANCE OF 102.64 FEET; THENCE N02°17'49”E A DISTANCE OF 77.61 FEET; THENCE N42°33'40”W A DISTANCE OF 113.73 FEET; THENCE N28°05'30”W A DISTANCE OF 36.27 FEET; THENCE N76°31'28”W A DISTANCE OF 47.50 FEET; THENCE N55°54'04”W A DISTANCE OF 68.55 FEET; THENCE N83°50'27”W A DISTANCE OF 32.03 FEET; THENCE N65°50'02”W A DISTANCE OF 47.02 FEET; THENCE


N81°37'54”W A DISTANCE OF 52.59 FEET; THENCE S69°14'25”W A DISTANCE OF 22.66 FEET; THENCE S85°40'37”W A DISTANCE OF 75.71 FEET; THENCE S88°28'22”W A DISTANCE OF 70.64 FEET; THENCE N78°27'55”W A DISTANCE OF 70.62 FEET; THENCE S73°08'25”W A DISTANCE OF 93.21 FEET; THENCE S67°30'25”W A DISTANCE OF 95.18 FEET; THENCE S44°36'18”W A DISTANCE OF 63.19 FEET; THENCE S66°48'16”W A DISTANCE OF 58.99 FEET; THENCE S90°00'0”W A DISTANCE OF 43.80 FEET; THENCE N02°11'33”E A DISTANCE OF 138.08 FEET; THENCE N32°49'19”E A DISTANCE OF 50.41 FEET; THENCE N48°21'32”E A DISTANCE OF 63.63 FEET; THENCE N63°17'23”E A DISTANCE OF 45.98 FEET; THENCE N38°54'54”E A DISTANCE OF 89.41 FEET; THENCE N55°40'47”E A DISTANCE OF 78.00 FEET; THENCE N70°43'02”E A DISTANCE OF 80.75 FEET; THENCE N66°26'50”E A DISTANCE OF 58.03 FEET; THENCE N56°32'25”E A DISTANCE OF 121.07 FEET; THENCE N22°46'03”E A DISTANCE OF 61.66 FEET; THENCE N20°04'33”E A DISTANCE OF 95.41 FEET; THENCE N39°58'09”E A DISTANCE OF 78.89 FEET; THENCE N72°30'07”E A DISTANCE OF 72.64 FEET; THENCE N30°06'01”E A DISTANCE OF 84.65 FEET; THENCE N53°28'57”W A DISTANCE OF 44.94 FEET; THENCE N54°46'54”W A DISTANCE OF 49.06 FEET; THENCE N68°34'42”W A DISTANCE OF 32.10 FEET; THENCE N08°52'56”W A DISTANCE OF 40.06 FEET; THENCE N05°25'42”E A DISTANCE OF 41.61 FEET; THENCE N30°20'13”E A DISTANCE OF 95.87 FEET; THENCE N89°48'40”E A DISTANCE OF 409.35 FEET; THENCE S74°46'18”W A DISTANCE OF 52.96 FEET; THENCE S87°01'36”W A DISTANCE OF 90.20 FEET; THENCE S73°57'04”W A DISTANCE OF 46.07 FEET; THENCE S81°02'01”W A DISTANCE OF 42.23 FEET; THENCE S77°05'10”W A DISTANCE OF 61.42 FEET; THENCE S48°36'56”W A DISTANCE OF 40.32 FEET; THENCE S38°50'48”W A DISTANCE OF 44.00 FEET; THENCE S31°55'37”W A DISTANCE OF 39.90 FEET; THENCE S26°07'00”E A DISTANCE OF 37.74 FEET; THENCE S33°16'04”E A DISTANCE OF 55.56 FEET; THENCE S80°01'50”E A DISTANCE OF 52.23 FEET; THENCE S60°18'24”E A DISTANCE OF 72.97 FEET; THENCE N88°44'13”E A DISTANCE OF 60.73 FEET; THENCE N57°26'11”E A DISTANCE OF 65.86 FEET; THENCE N37°07'49”E A DISTANCE OF 76.78 FEET; THENCE N34°37'22”E A DISTANCE OF 52.52 FEET; THENCE N43°36'47”E A DISTANCE 72.92 FEET; THENCE N55°57'46”E A DISTANCE OF 51.03 FEET; THENCE S61°53'51”E A DISTANCE OF 36.07 FEET; THENCE S25°10'37”E A DISTANCE OF 56.19 FEET; THENCE S09°18'40”E A DISTANCE OF 57.14 FEET; THENCE S13°41'46”E A DISTANCE OF 75.08 FEET; THENCE S09°53'17”E A DISTANCE OF 106.18 FEET; THENCE S50°21'45”E A DISTANCE OF 56.24 FEET; THENCE S48°50'48”E A DISTANCE OF 48.15 FEET; THENCE S13°36'23”E A DISTANCE OF 53.02 FEET; THENCE S05°07'40”W A DISTANCE OF 76.73 FEET; THENCE S33°37'24”W A


DISTANCE OF 91.97 FEET; THENCE S50°57'05”W A DISTANCE OF 77.63 FEET; THENCE S38°45'36”W A DISTANCE OF 77.90 FEET; THENCE S11°24'56”W A DISTANCE OF 59.16 FEET; THENCE S13°37'28”E A DISTANCE OF 74.66 FEET; THENCE S08°39'58”E A DISTANCE OF 50.52 FEET; THENCE S27°15'44”W A DISTANCE OF 29.60 FEET; THENCE S61°07'56”W A DISTANCE OF 55.22 FEET; THENCE S41°06'00”W A DISTANCE OF 55.81 FEET; THENCE S01°43'59”W A DISTANCE OF 26.31 FEET; THENCE S53°40'05”E A DISTANCE OF 35.01 FEET; THENCE N84°50'03”E A DISTANCE OF 41.91 FEET; THENCE N45°59'37”E A DISTANCE OF 76.05 FEET; THENCE N59°23'12”E A DISTANCE OF 32.72 FEET; THENCE N79°47'06”E A DISTANCE OF 71.50 FEET; THENCE N74°00'40”E A DISTANCE OF 98.24 FEET; THENCE N47°58'26”E A DISTANCE OF 76.42 FEET; THENCE N27°28'57”E A DISTANCE OF 73.69 FEET; THENCE N32°13'20”E A DISTANCE OF 115.78 FEET; THENCE N46°21'57”E A DISTANCE OF 99.62 FEET; THENCE N43°51'53”E A DISTANCE OF 101.76 FEET; THENCE N40°26'20”E A DISTANCE OF 104.52 FEET; THENCE N56°57'05”E A DISTANCE OF 63.61 FEET; THENCE N71°01'17”E A DISTANCE OF 104.90 FEET; THENCE N68°09'52”E A DISTANCE OF 114.18 FEET; THENCE N59°55'36”E A DISTANCE OF 77.84 FEET; THENCE N87°24'39”E A DISTANCE OF 22.00 FEET; THENCE S59°03'21”E A DISTANCE OF 22.37 FEET; THENCE S17°48'20”W A DISTANCE OF 69.02 FEET; THENCE S13°29'12”W A DISTANCE OF 54.15 FEET; THENCE S16°25'21”W A DISTANCE OF 79.69 FEET; THENCE S02°49'38”E A DISTANCE OF 134.33 FEET; THENCE S48°31'25”W A DISTANCE OF 102.68 FEET; THENCE S43°48'04”W A DISTANCE OF 76.31 FEET; THENCE S23°58'44”W A DISTANCE OF 74.53 FEET; THENCE S04°06'26”E A DISTANCE OF 54.47 FEET; THENCE S01°08'52”E A DISTANCE OF 62.17 FEET; THENCE S03°26'46”W A DISTANCE OF 84.29 FEET; THENCE S09°11'55”W A DISTANCE OF 38.82 FEET; THENCE S83°42'31”W A DISTANCE OF 37.73 FEET; THENCE S74°53'23”W A DISTANCE OF 91.89 FEET; THENCE S79°23'46”W A DISTANCE OF 57.73 FEET; THENCE S86°57'53”W A DISTANCE OF 96.36 FEET; THENCE S42°40'29”W A DISTANCE OF 68.48 FEET; THENCE S38°31'43”W A DISTANCE OF 41.12 FEET; THENCE S30°00'50”W A DISTANCE OF 70.64 FEET TO SAID SOUTH BOUNDARY OF NORTHWEST ¼ OF THE SOUTHEAST ¼; RUN THENCE S89°37'22”W ALONG SAID SOUTH BOUNDARY, 702.87 FEET TO THE POINT OF BEGINNING.

2. At the time of Level 2 review, development plans shall include a 200 feet parcel/strip of land to be used as buffer from the south edge of the parcel designated as Residential Low (RLX) (the north 200 feet of Parcel 272614 000000 022010 as depicted in Figure H.1.);


3. The 200-foot buffer will remain designated as Industrial (INDX), but shall not be allowed to develop with industrial uses or any related use.

4. The 200-foot buffer parcel designated as INDX shall not be allowed to have any vertical building or structures and development shall be limited to facilities and activities as permitted in the INDX Land Use designation that will complement the residential development such as recreational activities, open space, stormwater retention/detention facilities, wetland mitigation, and floodplain compensation.

5. The developer will provide an undisturbed Type “C” buffer on the southern 20 feet of the 200-foot buffer. The existing wetlands and native vegetation can be used to meet the Type “C” buffer;

Figure I.1


J. Allowable Uses and Intensity of Development

1. All uses are as listed Table 2.1.

2. All allowable uses shall comply with the following additional site development standards prior to site alteration or development and consistent with the Activity Center Plan as displayed in Exhibit I-1:

a. Excluding property frontage on Polk County maintained stormwater ponds and rights-of-way, all proposed development or redevelopment of the subject site shall be conditioned upon a minimum twenty (20) foot wide Type "B" Landscape Buffer, as defined in Section 720 of this code, with the following modifications:

i. vegetative buffer that shall achieve eighty-percent (80%) opacity with shrubs capable of growing 36 inches in height within twelve (12) months of planting; and

ii. an optional solid fence or wall, but if the wall is included the requirements of the width and density of vegetative buffer shall not be reduced as long as there exists a residential use or residential future land use designation on the adjacent properties to the subject site.

b. Except when special requirements in this section are more stringent, all uses shown as allowed in the NAC Land Use designation as "P" in table 2. 1 of Chapter 2 of this LDC shall, at a minimum, comply with the Criteria for Conditional Uses for uses contained in Section 303 of this Code. All uses will be subject to the Level of Review established as per Table 2. 1 of this LDC.

c. A master infrastructure plan, including stormwater plans, utility easements, and cross-access easements, for the entire site or for each of the northwest or southwest corners independently of the Kathleen and Duff Roads intersection, as generally depicted on the Activity Center Plan, shall be submitted prior to site plan (Level 2) approval on any portion of the identified development area.

d. A cross-access easement between and among the subject parcels, generally consistent with the Activity Center Plan, shall be recorded prior to site plan (Level 2) approval for the respective development areas.

e. The edge of the retention ponds shall be landscaped with similar planting materials of a Type “A” Buffer along any side not adjacent to another buffer.


f. Unless as otherwise provided herein for lighting, no structure or parking shall be located within the landscape buffer.

g. All truck parking, vehicle repair bay/area, outdoor storage, transit facilities, and loading and unloading areas shall be at least fifty (50) feet from all property lines abutting residential uses, excluding property lines abutting Polk County maintained storm water ponds and rights-of-way.

h. All principal structures and those accessory structures related to truck parking or loading and unloading activities shall be at least fifty (50) feet from all side and rear property lines, excluding property lines abutting Polk County maintained storm water ponds and rights-of-way.

i. Gas pumps shall be set back at least thirty (30) feet from property lines, excluding property lines abutting Polk County maintained storm water ponds and rights-of-way.

j. Accessory structures, not related to truck parking or loading and unloading activities shall be at least twenty (20) feet from all side and rear property lines.

k. The maximum height of any on-site light sources shall be forty (40) feet if placed at least thirty (30) feet from a residential property line, and twenty-four (24) feet if within thirty (30) feet of an existing residential property line. The height limitation shall not apply to boundaries abutting rights-of-way. Illumination shall be shielded and directional and any spill onto adjacent properties shall not exceed one-half (0.5) foot candles and consistent with Dark Sky Friendly lighting.

l. The minimum setback of the light source from the residential property line shall be a horizontal distance of twenty (20) feet, except when the light source is adjoining a right-of-way. If the on-site light source adjoins a right-of-way, the lighting can be placed within the landscape buffer as required by Section 720 of this code.

m. Any building façade within two hundred (200) feet of an existing residence and greater than thirty-five (35) feet in height and having a wall length greater than two hundred (200) feet in length shall be designed to achieve an office or residential appearance or otherwise include design components to break the wall plane (change in plane or height, change in texture or patterns, include doors, windows or articulated base, etc.); this provision shall not apply when over at least fifty percent (50%) of that building plane contains overhead doors or loading docks/ bays for trucks.


n. For structures exceeding thirty-five (35) feet in height, setbacks from parcels designated or developed as residential shall be increased by one-half of one foot for each one foot of height over thirty five feet.

o. External operations such as receiving deliveries, docking, loading or unloading of trucks, shall be limited to the hours between 6 a.m. and 8 p.m. for non-residential development within two hundred (200) feet of an existing residence, excluding parcels abutting Polk County maintained stormwater ponds and rights-of-way.

3. Any changes to this section shall be subject to the public hearing and notice requirements for a Comprehensive Plan map amendment as listed in Chapter 9 of the Land Development Code.

Exhibit I.1


K. CPA 18C-01 – Parcel ID#s: 232911-000000-012120, 232911-000000-012200 and 232911-000000-012030 (Added 8/21/18 – Ord. 18-060)

1. Applicability The provisions and requirements of this Section apply to the subject site, the boundaries of which are shown on the Future Land Use Map Series and Land Use District maps.

2. Allowable Uses and Intensity of Development

a. The allowable use for this property shall be limited as follows:

i. Business Park Center Uses that shall be allowed only in the area designated on the Activity Center Plan subject to the Level of Review established in Table 2.1 of this LDC. The Activity Center Plan shall be limited to the following uses and at a minimum, comply with the Criteria for Conditional Uses contained in Section 303 of this Code:

(a) Commercial Vehicle Parking

(b) Office

(c) Self-Storage Facility

(d) Commercial Uses, consistent with Convenience Center land use, shall not extend more than 260-feet into the site as measured from the right-of-way of W. Pipkin Road.

b. All allowable uses shall comply with the following additional site development standards prior to site

i. All proposed development or redevelopment of the site shall be conditioned upon a 50 foot wide buffer area running 800’ south from the northernmost property line along the residential uses to the west and 165’ east along the north property line from the westernmost property line as generally shown on the Activity Center Plan. The buffer shall include the plantings of a Type “C” Landscape Buffer as outlined in Section 720 of this Code. In addition, a minimum six-foot-high opaque fence shall be installed around the entire property boundary using outdoor storage.

ii. Except as provided in Condition 2(b)(i), all proposed development or redevelopment of the site shall have a minimum 20-foot setback


requirement unless a larger setback is required in Table 2.2 and subject to standard Landscape Buffer requirements as outlined in Section 720 of this Code.

iii. All development shall submit a lighting plan. All lighting shall be directional and fully shielded with cut-off, non-glare fixtures directed straight downward onto the subject site. The maximum height of on-site lighting fixtures shall be limited to 17 feet. All light fixtures shall be setback a horizontal distance of at least 50 feet from any residentially used or designated property. Illumination onto adjacent properties and rights-of- way shall not exceed 0.5-foot candles, measured at the property line of the site.

iv. Structures shall not exceed fifty (50) feet in height.

3. The Activity Center Plan shall be as shown:

Documents

Appendix E - January 2020