POLK COUNTY DEVELOPMENT REVIEW COMMITTEE STAFF …

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



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.



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.



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.



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).



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.



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.



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.



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



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.



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.



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.



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


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.




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.



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


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.



i. Fails to provide a clear separation between urban and

rural uses.



j. Discourages infill development or redevelopment of

existing neighborhoods.



k. Fails to encourage an attractive and functional mixture

of land uses.



l. Will result in poor accessibility among linked or

related land uses.



m. Results in the loss of a significant amount of open

space.


with Surrounding Land Uses and

Environmental Conditions



Comments from other Agencies:

From: MACLAUGHLIN, CHARLES E CIV USAF ACC 598 RANS/RMD

<[email protected]>

Sent: Wednesday, July 31, 2019 3:25 PM

To: Fife, Julie <[email protected]>

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

mailto:[email protected]

mailto:[email protected]



Exhibit 1

LOCATION MAP

Subject Site



Avon Park air Force

Range

Portion to Change

CR 630

SR 60

Osceola

County Line

Exhibit 2

AERIAL PHOTOGRAPH

(context)



Portion to be changed to L/R

Exhibit 3

AERIAL PHOTO

(close-up)



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



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



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

Documents

POLK COUNTY DEVELOPMENT REVIEW COMMITTEE STAFF …