CU 14 19 staff report - Polk County Board of County

POLK COUNTY
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
DRC Date:
PC Date:
BoCC Date:
July 24, 2014
December 3, 2014
N/A
Applicant:
JVS Contracting, Inc.
Level of Review:
Type:
Case Numbers:
Case Name:
Case Planner:
3
Conditional Use
CU 14-19/DMS # 57272
JVS Contracting
Tom Wodrich, AICP
Property Owner:
This is a request for a construction aggregate processing and
storage facility on 17 ± acres.
1211 Prairie Mine Road, approximately ½ mile north of SR 60,
west of Mulberry, Florida, in Section 03, Township 28 and
Range 23.
JVS Contracting, Inc.
Parcel Size:
17 ± acres
Land Use Designation:
Industrial (IND)
Development Area:
Transit Supportive Development Area (TSDA)
Nearest Municipality:
The City of Mulberry is adjacent to the site. The city was
emailed a case overview project description on August 22, 2014.
DRC Recommendation:
Approval, with conditions.
Request:
Location:
Location Map
Planning Commission Staff Report
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Aerial
CU 14-19
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December 3, 2014
Summary of Analysis:
This case was continued from the October 1, 2014, to the December 3, 2014, Planning
Commission hearing to await the outcome of a related text amendment to the Land Development
Code (LDC 13T-13) that was approved on November 4, 2014, by the Board of County
Commissioners. LDC 13T-13 separated construction aggregate processing and storage from
salvage, outlined specific performance standards, and made aggregate processing and storage a
permissible use (Level 3 Review) only in Industrial (IND) Future Land Use districts.
The proposed 17 ± acre construction aggregate processing and storage facility meets all the
adopted performance standards outlined in Section 303 and is consistent and compatible with the
surrounding uses. This area of the County developed with railroad and phosphate mining support
uses nearly five decades ago and has been developing with industrial and manufacturing uses
ever since. While the area is primarily characterized by industrial uses, there are residential uses
within one quarter mile to the south and east. However, due to the level of existing industrial
activity, the proposed setbacks for the facility, the distance between the proposed use and the
existing residences, an existing railroad to the east between the use and residences, and
vegetation between the two uses, staff does not anticipate a significant change in character for
these residents.
Construction aggregate processing typically occurs 1-2 times per year for several days each time.
However, JVS Contracting owns several aggregate processing machines and anticipates
processing aggregate approximately 20 hours every week. Material will be collected and stored
in piles as the material becomes available from off-site locations. Business activities for the
proposed use will occur during daylight hours and this site allows for plenty of staging and onsite maneuvering for trucks.
The applicant estimates 10-14 employees will work at this site and traffic impacts generated by
the proposed activity will primarily be in the form of trucks hauling material to and from the site.
This site is well-suited for semi-truck access and the roads have both structural and volume
capacity to support the proposed use. The proposed use will not generate discernable
infrastructure demands relative to schools, parks, or water/sewer utilities.
Findings of Fact
•
This request is for a 17 ± acre construction aggregate processing and storage facility.
•
The site is located within the Industrial (IND) Future Land Use district.
•
Policy 2.113-A1, Characteristics, states that Industrial lands are characterized by
facilities for the processing, fabrication, manufacturing, recycling, and distribution of
goods, and may contain any use also found within a Business-Park Center. However,
land use activities that operate externally to enclosed structures may be permitted within
an Industrial Future Land Use designation. Industrial districts are also the appropriate
location for land use activities that produce significant amount of noise, odor, vibration,
dust, and lighting on and off-site that do not produce a physical product.
•
The site contains wetlands and is within the 100-year floodplain; however, none of the
activity is proposed in the wetland or flood plain portions of the site.
•
The site is not within a mile radius of an endangered species sighting according to the
Florida Natural Areas Inventory of 2011.
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December 3, 2014
•
There are no surface waters on the site.
•
Fire and EMS response to this project is from Fire Rescue Station 720 located at 900 NE
5th Street, Mulberry, less than two miles from the site.
•
The site is located within the Mulberry utility service area. On-site portable restrooms
are proposed and no connection to potable water or wastewater systems is proposed.
•
The site is located in the Polk County Sherriff’s Office Southwest District, the
headquarters of which is located on U.S. Highway 98 north of Bartow at the entrance of
the Polk State College campus.
•
The nearest public school is Mulberry High School, located approximately one mile from
the site.
•
Prairie Mine Road, a rural minor collector roadway with 20 feet of pavement width, has
an average Pavement Condition Index (PCI) classification of fair condition. The assigned
classification reflects the condition of a few points along the road which need
improvement, and not the entire roadway from SR 60 to the site. Prairie Mine Road is a
signalized intersection at SR 60 and is generally in good condition.
•
The site is approximately 1,000 feet away from existing residential development to the
south and east.
Development Review Committee
Land Development Division Recommendation: The Development Review Committee, based
on information provided with the proposed development application, finds that the proposed
request IS COMPATIBLE with the surrounding land uses and general character of the area; IS
CONSISTENT with the Polk County Land Development Code and the Polk County
Comprehensive Plan.
Development Review Committee Recommendation: Based upon the findings of fact, the
information provided by the applicant, and a recent site visit, the Development Review
Committee recommends APPROVAL of CU 14-19, with conditions.
CONDITIONS OF APPROVAL
1.
This Conditional Use approval is for a 17 ± acre construction aggregate processing and
storage facility for concrete, asphalt, and dirt only.
2.
All processing activities shall be setback a minimum of 100 feet from the east and south
property lines.
3.
Hours of operation shall be limited to 7 a.m. until 6 p.m. Monday through Saturday.
Sunday operation shall be prohibited.
4.
The applicant shall be responsible to inspect roadway conditions along Prairie Mine Road
for material spillage and provide for its clean-up and removal at least once a day for each
day of operation from the site entrance to State Road 60.
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5.
Entrance gates on Prairie Mine Road shall be open at least 30 minutes prior to the start of
loading material.
6.
The stacking of vehicles shall not be permitted within the right-of-way.
7.
In order to ensure that no stacking occurs within the right-of-way, entrance gates to the
site shall be setback a minimum of 120 feet from the edge of pavement.
8.
The applicant shall submit a Level 2 Review application and revised site plan consistent
with these conditions of approval and all relevant Land Development Code requirements.
GENERAL NOTES
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: Approval of this request shall not constitute a waiver or variance from any applicable development
requirement unless specifically noted in the conditions of approval and consistent with LDC Section 930 D.
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.
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December 3, 2014
Surrounding Land Use Designations and Current Land Use Activity:
Northwest:
IND,
Railroad yard and aggregate transfer
facility
West:
IND – Railroad yard and aggregate
transfer facility
Southwest:
IND (County) / Industrial (City of
Mulberry) – manufacturing,
warehousing and industrial uses
North:
IND,
Railroad maintenance yard
Subject Property:
IND,
Vacant site
South:
IND (County) / Industrial (City of
Mulberry) – manufacturing,
warehousing and industrial uses
Northeast:
IND – mined lands, railroad tracks,
warehousing and industrial uses
City of Mulberry – residential uses
East:
IND – mined lands, railroad tracks
City of Mulberry – residential uses
Southeast:
IND – mined lands, railroad tracks
City of Mulberry – residential uses
Source: Polk County Geographical Information System and site visit by County staff
Compatibility with the Surrounding Land Uses and Existing Infrastructure:
A.
Land Uses:
This area of the County developed with railroad and phosphate mining support uses nearly five
decades ago and has been developing with industrial and manufacturing uses ever since. While
the area is primarily characterized by industrial uses, there are residential uses within one quarter
mile to the south and east. Due to the level of existing industrial activity, the proposed setbacks
for the facility, the distance between the proposed use and the existing residences, an existing
railroad to the east between the use and residences, and vegetation between the two uses, staff
does not anticipate a significant change in character for these residents.
B.
Infrastructure:
IND is a land use established to enable intensive manufacturing, processing and other highintensity development activity. The primary impact to infrastructure will be to the roads with the
associated truck hauling of aggregate material. Intermittently, there may be a need for emergency
personnel and equipment, but schools and parks will not be impacted by the proposed use.
Nearest Elementary, Middle, and High School
The proposed use is not anticipated to increase the demand for school infrastructure. In the shortterm, the location of the site and its associated activities will not pose an adverse impact upon the
daily operation of the nearest schools due to the significant distance between them and the site.
Also, the location of the access points are not likely to cause a conflict with bus pick-up and drop
off because of the significant amount of separation between the site and residential areas and the
proposed hours of operation.
Name of School
Kingsford Elementary
Mulberry Middle
Mulberry High School
Approximate Distance From Subject Property
± 1.5 miles
± 1.5 miles
± 1 mile
Nearest Sheriff, Fire, and EMS Station
The site is located in the Polk County Sherriff’s Office Southwest District, the headquarters of
which is located on U.S. Highway 98 north of Bartow at the entrance of the Polk State College
campus. Fire and EMS response to this project is from Fire Rescue Station 720 located at 900
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NE 5th Street, Mulberry, less than two miles from the site. There were no concerns expressed by
the DRC in regards to fire or EMS protection. Increases in fire and EMS services are not
anticipated for this facility.
Name of Station
Southwest District Headquarters - 4120 U.S. Highway 98
Sheriff
Fire Rescue Station 720 – 900 NE 5th Street, Mulberry,
Fire
Fire Rescue Station 720 – 900 NE 5th Street, Mulberry,
EMS
Source: Polk County GIS, Sheriff’s Office, Fire Services, and EMS
Approximate Distance From
Subject Property
± 14 miles
± 2 miles
± 2 miles
Water and Wastewater Demand and Capacity:
A.
Estimated Demand and Service Provider:
Subject Property
17 ± acres
Demand as Currently
Developed
Permitted
Density/Intensity
Potable Water
Consumption (GPD)
Wastewater
Generation (GPD)
Estimated Impact Analysis
Maximum Permitted in
the District
Proposed Plan
0
17 acres of warehousing
17 acre construction aggregate
processing and storage facility
0
88,862
0
0
71,090
0
Source: Polk County Concurrency Manual: Warehousing calculated as 5,227.2 GPD/acre for water & 80% of water for sewer.
Demand for potable water and wastewater services are not anticipated with the proposed use.
Potable water will be made available to employees via bottled water and employees will utilize
portable toilet facilities. The site is located within the Mulberry utility service area, but there are
no central wastewater facilities or service lines located in the area. While Mulberry has a six inch
water line located within the Prairie Mine Road right-of-way, potable water is not required for
the proposed use of the site. However, the applicant will be utilizing a four (4) inch well for the
dust suppression irrigation system. While the Polk County Concurrency Manual does not list the
water/wastewater impacts of construction aggregate processing and storage facilities,
warehousing is listed at 5,227.2 GPD/acre for water and sewer is calculated at 80% of water
demand. The table above utilizes these calculations.
B.
Planned Improvements:
There are no improvements planned in the five year CIP.
Roadways/ Transportation Network
The site fronts Prairie Mine Road, a rural minor collector roadway with 20 feet of pavement
width, with an average Pavement Condition Index (PCI) classification of fair condition. The
assigned “fair” classification reflects the condition of a few points along the road which need
improvement, and not the entire roadway from SR 60 to the site. Prairie Mine Road is a
signalized intersection at SR 60 which is generally in good condition.
A.
Estimated Demand:
The estimated traffic demand provided by the applicant is the best available data. Construction
aggregate processing and storage uses are not covered in studies by the Institute of
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Transportation Engineers (ITE) Manuals and the intermittent nature of this use makes estimating
traffic impacts difficult. However, the applicant estimates that, in addition to the 14 employees
(peak hour impacts), up to five semi-trucks per hour (about 50 trucks per day) to the site could
potentially enter and exit the site a day (100 trips), and staff anticipates that up to 10% of them
will contribute to overall peak hour trips (10 trips).
Subject Property
17 ± acres
Demand as Currently
Developed
Permitted
Density/Intensity
Average Daily Trips
(ADT)
PM Peak Hour Trips
0
Estimated Impact Analysis
Maximum Permitted in
Proposed Plan
the District
17 acre construction aggregate
17 acres of industrial park
processing and storage facility
0
3,561
100
0
465
24
Source: Polk County Concurrency Manual: industrial park calculated as 209.49 AADT/acre, 27.35 @ peak. Proposed plan is an
estimation by the applicant.
B.
Available Capacity:
The following table illustrates, and a preliminary analysis by the Polk Transportation
Organization (TPO) confirms, that sufficient capacity exists to support the proposed use.
Link #
5901E
5901W
Road Name
SR 60: from CR 676 (Nichols Road) to SR 37 (Church
Avenue N)
SR 60: from CR 676 (Nichols Road) to SR 37 (Church
Avenue N)
Current Level
of Service
(LOS)
Available PM
Peak Hour
Capacity
Minimum
LOS
Standard
B
1,104
C
B
919
C
Source: 2013 Polk County Transportation Planning Organization, Concurrency Roadway Network Database
C.
Roadway Conditions:
All vehicles will utilize Prairie Mine Road and SR 60. During a site visit, staff observed common
minor pavement deterioration such as cracking, rutting, and repaired potholes characteristic of
fair roadway conditions along these two roadways near the site. However, Prairie Mine Road and
SR 60 are both major truck haul routes and have high levels of existing semi-truck traffic.
County Roadway Maintenance continually monitors roadway conditions to ensure that
resurfacing occurs periodically.
D.
Planned Improvements:
There are no roadway projects planned at this time for Prairie Mine Road. The Florida
Department of Transportation (District 1) has ongoing improvements to SR 60 which include
resurfacing existing lanes and railroad crossing improvements. Because the estimated traffic
impact is below 750 trips, a minor traffic study will be required during Level 2 Review as part of
the Concurrency Determination application.
Environmental Conditions
A.
Surface Water:
There are no surface waters on-site.
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B.
Wetlands/Floodplains:
A small portion of the site along the northern property line may be within Flood Zone “A”;
however, the proposed 50 foot aggregate storage setback from this property line is anticipated to
keep all material out of the flood plain. The site does not contain any wetland areas.
C.
Soils:
The Soil Survey of Polk County indicates that the site is comprised of Urban Land, and defines it
as a highly developed soil classification “that has been reworked and can no longer be
recognized as a natural soil.” Urban Lands are areas where there has been heavy development
and industrial usage. Because no structures or septic tanks are proposed, the proposed use will
not be impacted by soil type limitations. Therefore, on-site soil characteristics are not a concern
for the proposed construction aggregate processing and storage operation.
Soil Name
Septic Tank
Absorption Field
Limitations
Limitations to Dwellings w/o
Basements
Urban Land (16)
% of Site
(approximate)
100%
Source: Soil Survey of Polk County, Florida, USDA, Soil Conservation Service
D.
Protected Species
The site is not within a mile of an endangered plant or animal species according to the Florida
Natural Areas Inventory (FNAI) of 2011.
E.
Archeological Resources:
There are no known historical or archeological resources onsite.
F.
Wells (Public/Private)
The site is not within any wellfield protection district. Adverse impacts are not anticipated from
the proposed facility.
G.
Airports:
The site is not within an Airport Impact District or flight pattern. Adverse impacts are not
anticipated with the proposed construction aggregate processing and storage operation.
Park Facilities:
The nearest park is approximately one mile to the northwest near the Fuller Heights subdivision
across the railroad tracks. The proposed construction aggregate processing and storage operation
is not anticipated to conflict with park activities.
Economic Factors:
The proposed use enables the reuse of construction demolition materials,
remanufacturing/repurposing old buildings, parking lots, and roadways into reusable materials
for new construction at a significant savings to newly mined materials. The applicant has already
demolished dilapidated buildings that have set vacant for years from the former use of this site
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and has opened up the site for new economic opportunity, taxable revenue, and employment.
While the construction aggregate processing and storage will employ a small number of staff onsite (10-14 employees), there will be truck haulers employed to move the material to and from
the site. It is possible that all employees could be hired from outside of Polk County, but likely
that at least some of them will be County residents.
Consistency with the Comprehensive Plan:
Policy 2.113-A1, Characteristics, states that Industrial lands are characterized by facilities for the
processing, fabrication, manufacturing, recycling, and distribution of goods, and may contain any
use also found within a Business-Park Center. In addition, this policy states that land use
activities that operate externally to enclosed structures may be permitted within an Industrial
Future Land Use designation and that Industrial districts are also the appropriate location for land
use activities that produce significant amount of noise, odor, vibration, dust, and lighting on and
off-site that do not produce a physical product. The proposed use will process, recycle and
distribute goods in a manner that most of the operations will occur outside the confines of a
building. Therefore, the proposed use is consistent with the long range plan for the use of land in
this area and is consistent with the Comprehensive Plan.
Comments from other Agencies:
Comments from the other County agencies are included in this report.
Exhibits:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Location Map
Future Land Use Map
Aerial Photograph
Site Plan
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Exhibit 1
LOCATION MAP
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Exhibit 2
FUTURE LAND USE MAP
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Exhibit 3
AERIAL PHOTO
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Exhibit 4
SITE PLAN
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