Planning Commission - Regular Meeting

Thank you. And before we get started, I'd like to welcome Shane Bevilacqua. I'm not sure I'm saying, is that right? Bevilacqua and, um, Chad Baron, um, To the commission, so welcome. And also Kevin, who's moved up from being an alternate to being a regular member. And Tracy Mouncey, who is a new alternate for the board. So welcome. So next we will have our pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic So we have the minutes from, uh, last month's meeting, August meeting. Uh, do I have a, any discussion or do I have a motion to approve

Chad Baron motion to approve the minutes.

Motion is second to approve. All in favor signify by saying aye. Aye. Thank you. And, uh, Next on the agenda is, well, we have the order of the agenda that was presented by staff, and there's two cases that we need to vote to continue.

Okay. Do I have a motion to continue those items?

Motion is seconded to approve the continuance. All in favor signify by saying aye. Aye. Okay. Okay. The next, we will ask our attorney to give us the procedures for our meeting.

Motion second to approve. All in favor signify by saying aye. Aye. Opposed, same sign. Thank you. Thank you.

Thank you. So with that, we'll proceed with our agenda. We have no old business, so under new business, their first case, item number one, staff, would you introduce that, please?

So you don't need any action from us? No, sir. Okay. So I have a question. So if I have a house that would qualify, and I may, I don't know, and I'm not sure I want to submit it. I live in a 100-year-old arts and crafts bungalow in Bartow. It's in the city, so it was not in the county. but if I were to qualify my house under this program, does that mean the guidelines would provide design standards if I wanted to do any changes to my house based upon the era that it was built? Is that in a nutshell what this does? Okay.

If it was designated historical based on your, but I would have to apply for designation and you'd review it to make sure it's qualified and all that. And if it did, then in the future, if I did anything to my house, I'm sort of volunteering to say, okay, I'll follow your guidelines. And if I didn't want to follow your guidelines and I'd have to say, well then take me off the list.

And right now the map that you show this with the stars, only those red stars are the ones in the County that are now qualified or on the list.

This is listed structures, okay. Structures listed under... I'm surprised that there's not more than that.

Okay, thank you. Any other comments or questions of staff? Yes, sir, I have one.

You stated that there's county and then there's also the city. The city is responsible for their own historic. Is there a way to get an overlay where it shows both? Because sometimes city lines kind of weave in and out and you would think maybe they were in the city, but maybe they're in the county and then designate it as a city structure. So like on this map right here, these are all county areas, correct? Correct, which is what the Board of County Commissioners would see. But then within the cities, they have their own.

So my question is, is that would there be able to be a map? So for example, I'm from Auburndale. I know of a couple different structures that aren't on this map because they're within the city of Auburndale. But if I were to say, hey, there's this place, now I would be able to see that's within city limits of Auburndale. Just a suggestion.

Thank you very much. Thank you. Thank you. Okay, thank you. Okay, the next case we have is number two, LDCPAS 202614. Staff?

So in essence, this is an oops. It seems so, yeah. The C2 looked like it probably encompassed a little bit more than just this parcel.

So I'm assuming that was probably a zone change back in the early 70s to build a store. I'm surprised it's existed there this long without having problems. Yeah.

Yeah, you're right. Any questions of staff? Seeing none, do we have a motion?

Oh, I'm sorry. I'm sorry. Okay. Do we have anybody here? Always the applicant here. Yes, come forward, please. I'm sorry. I'm jumping ahead.

Any questions of the applicant? Seeing none. Do we have anyone in the audience in support of this application? Anyone in opposition? Seeing none now, we'll ask for the motion again.

Motion and second to approve. Roll call, please.

So if they had to go through a variance, I'm assuming that I may be wrong. You correct me that they you would be able to place conditions on the use to say, OK, all this is all we want to do. We don't want to do a bar or tavern. We just want to be able to, I guess, serve alcohol or whatever as part of the community center. You would be able to limit it to that if they applied for a variance?

Are we sure? I mean, I don't know what the distance is. I don't know. I mean, it would maybe be helpful for us to know that. And while you're looking that up... I'll ask if the applicant is present. Yes. Come forward, please state your name and address.

Okay, just for clarification, do you represent Poinsettia?

Okay. So you would be the one, I'm just not sure how your corporation or whatever relates to the use that's mentioned for the... The center.

Okay, okay, okay. I got you. I'm okay. Yes. No, does anybody have any questions? Yes.

Okay. Any other questions? Okay, thank you. Is there anyone in the audience who speak in favor of this application? Anyone in opposition? Seeing none, I'll bring this back to the commission and looking at staff to see if you have... Beer and wine is 500.

And again, they're going to have to file for a variance if they want to have a bar or a nightclub. That's correct.

But if they had a community center and they wanted to serve alcoholic beverages, they would have to get a variance if they're within the distance. Yes, sir.

Are you able to make a motion just for community center?

Well, it's for the request. You couldn't limit it to just the community center. The request is to, as I understand, correct me if I'm wrong, staff, is to amend the future land use of the comprehensive plan for leisure recreation.

It would be possible to recommend striking any of the uses that are listed in the text amendment? As allowable within this particular Leisure Recreation District?

Can you pull up the screen where you had the uses? There we go. Yeah, that one.

Okay, so the first motion we need is whether or not to approve the land use change.

And then in the text amendment, we can make a change to the allowable uses.

So to have a motion on the comprehensive plan amendment.

We would need to approve the land use amendment so it has the leisure rec designation and then approve the text amendment, which could include a change to the allowable uses. That would apply to the land use designation that was just previously approved. Clear as mud.

So let me, let me take the liberty of asking the applicant and, and maybe this is unfair to put you on the spot like this. Would your, uh, do you think your client would be opposed to removing the use of bars, lounges and taverns as an allowable use?

We have not had that specific conversation. I anticipate that was your answer.

Well, I'll ask again. Is anyone in the audience to speak for or against this request? Seeing none, I'll bring it back to the Commissioner. We have a motion to approve. I'm looking for a second.

Okay. Motion to approve and second. Roll call, please.

For the motion. Okay, next we need to consider approval of the Texas Amendment, which includes the proposed allowable uses within the leisure recreation that we just recommended approval of.

Well, then I would suggest, I'll defer to the attorney here, but I would suggest then we make a motion with the additional of striking bars, lounges, and taverns from the table of proposed allowable uses. Correct? Correct. Yes. Okay. So if that is what the maker of the motion would like to do, then that's my suggestion. And we would vote on a motion that would strike that use as allowable use.

Before we go there, let me ask staff just for clarification. So they would still be able to do liquor sales as part of a restaurant, just like any restaurant would be able to do, but they wouldn't be able to have a standalone bar, right?

You could just make the alcohol use an accessory to the community center.

Okay, this is going to the county commission, right? For consideration. So that could be our recommendation if that's a problem. I'm just suggesting that if that's a problem for the applicant... then they can make that appeal to the Board of County Commissioners and say, look, we really want to have a bar as part of our use. But our recommendation would exclude that. If that's the maker of the motion and it's approved.

Okay. I have a motion. Do I have a second?

Thank you. Thank you. Did you understand what I said? I mean, if that's a problem for your client, then they still have an opportunity to state their case to the Board of County Commissioners.

Good morning. Mr. Chairman, move to expedite.

I have a motion to expedite. I'll ask, is there anyone in the audience to speak in favor or in opposition to this case in Eloise? Seeing none, it does qualify for an expedited procedure. Do I have a second to expedite?

All in favor signify by saying aye. Aye. Okay, we'll expedite. Okay. You didn't expect that, did you?

Any questions of staff? So this is county initiated? Yes. So I asked previously, but in abundance of caution, I'll ask again anyone in the audience to speak in favor or in opposition to this. Seeing none, does the commission have any discussion or a motion?

presentation be brief be brilliant be gone that's where i learned move to approve ldcpas 2026-6 in its entirety chad baron second

Motion second to approve. Roll call, please.

Thank you. Okay, next case is the text amendment.

Okay. Again, anyone speak in favor or opposition to the text amendment? Seeing none, do I have a motion?

Okay, I'm sorry. Mr. Chairman, move to approve LDCT 2026-13 in its entirety.

I'm sorry to interrupt you, but that does not involve a development area change?

It doesn't require, I guess what I should say, it doesn't require a development area change.

Number 10. No. Number eight, right. Number eight. Item eight.

Let me ask before you do that. Let me ask, is there any questions from the commission? This is where we are now.

Let me ask this. Does that change your recommendation to us?

So let me ask this. Why wouldn't the staff recommend a continuance?

Okay. I would say then proceed unless there's any.

Well, I mean, I don't want to get ahead of ourselves or myself here, but did the, you said there was a petition of opposition, right?

How was the petition? Did it have a statement on the petition?

Could you tell us what the statement is? I just wondered if the statement specifically addressed the requested industrial or the uses. I mean, I want to know, did they express their opposition to a certain aspect of this, or was it just we're opposed to all of this? Yeah. All right.

He's not finished with his presentation. And I'm the one who started this line of discussion, I guess, because I interrupted him, which I apologize for. But I just, for clarification, before you got too far down the road with this.

Let me ask this, and maybe you can't really answer it, but how involved is your presentation?

While we're waiting, I would say, let's just in the interest of time, go ahead and proceed with your presentation while we're waiting on the answer to the question about the petition.

So go back to that map. Show us on that map generally where we are now.

Where this request is in relation to this much larger development proposal. Okay.

Any other questions? That's all I have. I was given the – it's not the actual petition, but it's the – I guess the – well, maybe it is – Anyway, it says, I'll read this. It's not that long. Dear Planning Commissioners and County Commissioners, I am writing to request the complete denial of both MEMS crossing areas, LDCT 2025-15, LDC PAL 2025-7. The proposed development would introduce a large high density residential community into a rural agricultural industrial area that does not have the land conditions or infrastructure necessary to support it safely and sustainably. Portions of the propos

I don't believe it can be entered as competent and substantial evidence either.

In the interest of time, and we may have to get other people up here to speak, but I'm going to recommend that we just move this on to the county commissioners without a recommendation because I don't know that anybody knows what's going on.

Okay. I'll ask the applicant to come forward, please.

Is there an interest in accepting his resume and his testimony as an expert witness? I need a motion.

Aye. All in favor signify by saying aye. Aye. Opposed, same sign. Okay. You're an expert. Okay.

Okay, thank you. Any questions of the applicant? Thank you. Seeing none, I'll open the hearing up and ask, is there anyone in the audience to speak in favor of this application? Is there anyone? Okay, I'm fixing to ask for that next. Anyone opposed to this application? And yes, if you would come forward, please. And while he's coming forward, I would just reiterate that the... application the applicant has requested that his application be amended to include only a portion of the original request and that is for the industrial only. Yes, sir.

You are correct from the standpoint of the statute that was passed known as the Live Local Act that does allow for residential development provided that at least 40%, I believe, does qualify for affordable housing.

I don't have any answers for you. I just wanted to get your comments, and I appreciate your...

Thank you. Anyone else speak in opposition?

Thank you. Anyone else to speak in opposition to this request? Seeing none, I'll bring it back to the commission for discussion. Oh, the applicant has a chance to respond. Yes, please.

Okay. Thank you. So I got a question of staff, and I don't have, since I don't have the code in front of me, have you seen his handout that shows the comparison of uses between the PM and the industrial? Yeah, okay. Do you agree with that?

That's what I thought. Yes. Because, I mean, the follow-up question would be, well, why do you need to change it to industrial if you could already do all these uses?

Okay. Any other comments or questions? Do we have a motion?

I meant to ask staff that too. Is there any, was there, there was a problem with notification, which was the reason it was continued initially. And we still heard some comments about notification. Just wonder if you have any response to that.

And what was the distance of that, the distance that mailers go out? Oh, 500. Okay.

I know typically you can go further than that, but the requirement is 500 feet.

Was there additional mail notice sent out?

Well, I'll just say this because I have had experience in dealing with phosphate mine property, and phosphate mining, in my mind, has always been considered a temporary use. I mean, you mine it, and there's multiple examples in Polk County where phosphate mine has changed to other uses. even residential uses, recreation uses, environmental uses, industrial, commercial, you name it. There's multiple places, particularly South Lake. Most of that property on South Florida Avenue, when you get south of Shepherd Road, even Imperial Lakes and Christina, that was all mined. All that property south of

Mr. Chairman, and also we need to keep in mind, we're making a recommendation to the board of our county commissioners here. And all of us can go attend that meeting as well and make our comments. But in the interest of time, Mr. Mims did a great job of explaining what exactly he was doing. I was confused at the beginning, but I'm no more confused now. And I'd like to make a motion to approve LDPD 2026-12 in its entirety.

For the residential, as amended by the applicant. As amended by the applicant. Yes, sir.

Okay, motion and second to approve the amended application. Roll call, please.

So we're making a motion. I'm looking for a motion to withdraw. Please. Motion to accept the withdrawal. Motion to accept the withdrawal.

Okay. All in favor signify by saying aye. Aye. Aye. Opposed, same sign. Okay. Okay. All right. Next case. Thank you. All right.

I'm sorry, say that again. I misunderstood you.

Yes, I actually have one additional question. So those 11 homes that butt up against it, what's the grading difference between the two?

Any other questions? Thank you. At this time, I'll open up the hearing to the public and ask, is there anyone present to speak in favor of this application?

Seeing none. Thank you. Thank you. Now I'll open it up to the public. Anyone to speak in favor of the application? Seeing none. Anyone to speak in opposition to this application? Seeing none, I'll bring it back to the commission for discussion and a motion.

Kevin Updike, second. Motion is second to approve. Roll call, please.

Any questions of staff? Was the City of Lakeland notified?

Thank you. Okay. Any other questions? Seeing none, I'll ask the applicant to come forward.

I got a question of staff. Have you seen, have you had a chance to look at his proposed condition? Are you okay with it?

Well, it will be if we, the maker of the motion will need to include that.

Whoever makes the motion will need to include that. Okay. Thank you. So I'll open up the public hearing and ask, is there anyone in the audience who wishes to speak in favor of this application? Are you in favor?

Okay. I'll, I'll, um, ask the applicant when he comes back up to address that. I'm sure he's made note of your, your questions. Thank you.

Anyone else to speak in favor? Anyone speak in opposition to this request? You come forward, please. Name and address. And I assume you were sworn in.

Okay, thank you. Anyone else in opposition? Come forward, please.

Anyone else to speak? Were you sworn in?

Thank you. Anyone else wishes to speak? Yes, ma'am.

Okay. Thank you. Thank you. Anyone else wishes to speak? Seeing none, I'll ask the applicant if he would come back and address some of the concerns and questions that we've been given.

I guess that would be one of my biggest concerns because you mentioned it when anybody says it gets you. I can't say it. It's past Sasa. I automatically think of all of the horror stories years ago when people were just inundated.

Any questions of the applicant? Seeing none, I'll bring it back to the Commission for discussion and a motion.

Okay. Okay. Motion and second to approve. Roll call, please.

Any questions of the staff? Seeing none, I'll ask the applicant to come forward.

Seeing none, I'll open the public hearing and ask is there anybody to speak in favor or opposition? Seeing none, I'll bring it back to the commission for discussion and a motion.

All right. Motion and second to approve. Roll call, please.

He's trying to push the button. Yes, approved.

Kevin. Motion second to approve. Roll call, please.

Any questions of the staff? Seeing none, I'll open the public hearing. If there's anyone here to speak in favor or opposition, seeing none, I'll bring it back to the commission for discussion and a motion.

I have a motion and a second. All in favor signify by saying aye. Aye. Motion passes. Shonda.

I'm really interested in what you have to say, but I'm asked to be brief.

Does this identify burdensome policies that might be considered burdensome?

I've heard they started out By basically just saying everything was more burdensome, which is... Which is based upon, was it 380? No, 180? 180.

Senate Bill 180. And because of pushback and argument from local governments and saying, wait a minute, this does this and this does that, that they realize that it's not just a blanket. No, it's more burdensome. There are situations where it is not necessarily more burdensome. So I'm encouraged to hear that they changed their approach.

Thank you. If there's no other business to come before us, I'll entertain a motion to adjourn.

Motion second to adjourn. All in favor signify by saying aye. Aye. We're adjourned. Thank you.