CU 14 04 staff report

POLK COUNTY
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
DRC Date:
December 5, 2013
LEVEL: 3
PC Date:
February 5, 2014
TYPE: Conditional Use
BOCC Date: N/A
CASE #: CU 14-04
Project Number:
56769 (Agritourism Facility)
Request:
The request is to construct a 5,500 square foot agritourism facility
for educational, entertainment, and recreational gatherings.
Applicant:
Gadd Case & Associates, LLC
Property Owner:
LSL Real Estate Holdings, LLC
Location:
The site is located on the south side of State Road 540 (Winter
Lake Road) across from All Saints Academy, in Section 34,
Township 28, and Range 25.
Size:
30 ± acre parent parcel (5 acre project area)
Land Use Designation:
Residential Low-1 (RL-1)
Development Area:
Transit Supportive Development Area (TSDA)
Case Planner:
Brigitte D’Orval
Summary of Analysis:
The request is to construct a 5,500 square foot barn-like structure for an idyllic setting to host
educational, entertainment, and recreational facilities on approximately 5 acres within a parcel
that is approximately 30 acres in total located in the Residential Low-1 (RL-1) Future Land Use
District. A Level 3 Review is required whenever an agritourism facility is larger than 5,000
square feet in size and has dining facilities, which the applicant wanted to leave available the
option to have food service for events.
The purpose of agritourism is intended to be accessory and supplement an ongoing agricultural
use. An agricultural use classification has been granted by the Polk County Property Appraiser’s
office, which is a requirement for an agritourism use. The Hampton family utilizes their 800
acre property as grazing pasture for an organic cattle operation. The secondary use of the
property will be agritourism via the barn-like structure, which will host family gatherings such as
weddings and reunions as well as educational and entertainment offerings in a rural/agricultural
DRC Findings/Recommendation
Level 3/BGD 1/29/2014 2:11:31 PM
CU 14-04
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February 5, 2014
setting. The structure will be able to accommodate up to 200 people and will have a paved
driveway off of State Road 540 (Winter Lake Road) that will lead to a grass parking lot.
Since this use is a Conditional Use, there are specific conditions of approval that must be
adhered to in Section 229 of the LDC. These conditions of approval are as follows:
1. The use shall be clearly incidental and subordinate to a bona fide agricultural use on
the property;
The applicant has submitted the necessary paperwork from the Property Appraiser’s
Office, which deems the property as a bona fide agricultural use with an agricultural
classification for real estate tax purposes. The secondary use will be the agritourism,
which will highlight and showcase the idyllic nature of the property. In order to assure
the use is incidental and subordinate, Land Development staff has conditioned the
agritourism use, limiting the number of days of operation and the number of persons.
The facility will only have room for 200 people, according to the applicant.
2. The use shall not be injurious to the surrounding properties or be detrimental to the
public health, safety or welfare;
The site is a 5 acre portion of the 30 acre parent parcel. The Hampton family owns the
surrounding parcels so no injurious effects are expected. Traffic impacts are expected to
be minimal as the facility is expected to primarily operate on the weekend.
In order to assure the use is not injurious to the surrounding properties, Land
Development staff has conditioned the agritourism use, limiting the number of days of
operation and the number of persons. The facility will be less than 0.25 miles from the
location of a 175-unit residential subdivision, La Palma (PD 07-09), which is being
planned by the owners and recently was granted an extension to May 8, 2019 by the
Planning Commission in December of 2013.
3. The use shall not detract from the natural or scenic attributes of the surrounding area;
and
The primary goal of this agritourism activity is to hold events so that the scenic attributes
of the property can be highlighted. The organic cattle farm will continue to operate on
the remainder of the property. There is an emerging market for holding special events in
rural, bucolic settings. The natural and scenic attributes of the site are what will bring
events to the agritourism facility.
4. Adequate measures have been implemented through the site plan to mitigate for any
potential adverse impacts (i.e. buffering, setbacks, etc.)
The native vegetation will remain on site between the facility and SR 540. Currently, the
nearest residence is the owner’s personal home approximately a ½ mile to the southwest.
This Conditional Use approval will allow the agritourism facility to operate in perpetuity,
without having to apply for a special events permit every time someone wants to rent the facility.
DRC Findings/Recommendation
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CU 14-04
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February 5, 2014
However, the property must continue to maintain an agricultural classification so long as the
proposed agritourism use is in operation.
Findings of Fact
•
CU 14-04 is a request to allow agritourism on a 5 acre portion of a larger 30 acre property
located on the south side of SR 540 (Winter Lake Road). The agritourism facility will consist
of a 5,500 square foot barn-like structure, which will hold 200 persons. The structure will
host recreational, entertainment and educational events.
•
The site and surrounding areas are within the Residential Low-1 (RL-1) Future Land Use
District and are within the Transit Supportive Development Area (TSDA).
•
In accordance with Section 229, agritourism uses that have dining facilities require a Level 3
Conditional Use (C3) Review (some events may have food service).
•
In accordance with Section 229, agritourism uses that have “Existing or proposed nonagricultural structures utilized in conjunction with the Agritourism use that exceeds a
combined total of more than 5,000 square feet” require a Level 3 Conditional Use (C3)
Review.
•
The subject site is surrounded by pasture lands for the ongoing organic cattle operation that
occupies the remainder of the owner’s property. The Future Land Use District for the
immediate surrounding property is RL-1.
•
The closest monitored road is Winter-Lake Road (SR 540), link 6302 in the Polk
Transportation Planning Organization’s Roadway Network Database. This road has a level
of service “B” and is expected to remain at the same LOS for the next five years. The
available capacity is approximately 2,271 trips on the east direction and 2,068 available
trips to the west.
•
The subject site is located in Polk County’s Central Regional Utility Service Area for potable
water and wastewater service. The nearby government facilities and All Saints Academy
school are already connected to the potable water and sanitary sewer systems.
•
At this time, the existing potable water and sanitary sewer systems have adequate capacity to
meet the potential increase in demand from the agritourism facility. According to the latest
Polk Utilities Capacity Report dated December of 2012, the Central Regional Utility Service
Area currently has 936,000 gallons per day of uncommitted capacity for public water and
192,000 gallons per day of uncommitted capacity at the Central Regional Wastewater
Treatment Facility.
•
The site has soils consisting of Pomello Fine Sands, Sparr Sands, and a small amount of
Samsula Muck. These soils have the potential for moderate limitations on the development of
this site; however, the soil types are not expected to prohibit the development of the
agritourism facility.
DRC Findings/Recommendation
Level 3/BGD 1/29/2014 2:11:31 PM
CU 14-04
Page 3 of 14
February 5, 2014
•
The site is not within a wellhead protection area.
•
The site is not within an airport buffer zone.
•
According to data provided by the Florida Natural Areas Inventory (FNAI), the subject site
is not located in a habitat buffer area for endangered species.
•
There are no areas on the parcel identified by the FEMA maps as in a floodzone or wetland.
•
The site is less than four miles from Fire Station 450, which houses the nearest EMS station
as well. The site is less than 1 mile from the Sheriff’s Central Command District Office.
Development Review Committee Recommendation: The Development Review Committee,
based upon the findings of fact, the information provided, and a recent site visit, finds that the
proposed request IS COMPATIBLE with the surrounding land use designations and general
character of the area and IS CONSISTENT with the Polk County Land Development Code and
Comprehensive Plan.
Therefore, the Development Review Committee recommends
APPROVAL of CU 14-04 with conditions.
CONDITIONS OF APPROVAL
1. CU 14-04 is approved for an agritourism use to consist of a 5,500 square foot structure.
Use of the agritourism facility shall be limited to four days per week for no more than
200 people per day. [PLG]
2. The hours of operation shall be between the hours of 7:00 a.m. and 11:00 p.m. [PLG]
3. The barn-like structure and the parking lot shall be illuminated. The applicant shall
submit a photometric lighting plan during Level 2 Review that illustrates lighting fixtures
with no light spillover outside of the 5 acre agritourism project site boundary. Lighting
shall be fully shielded with cut-off, non-glare fixtures directed only inside or onto the
barn-like structure and onto the parking lot. There shall be no lighting impacts greater
than 1.0 lumens beyond the 5-acre agritourism project site boundary. [PLG]
4. The owner or operator of the agritourism facility shall ensure that all parties that utilize
the agritourism facility in any fashion shall comply with Polk County Ordinance 04-33
(Noise Ordinance) and Polk County Ordinance 98-22 (Outdoor Concerts). [PLG]
5. The final alignment for the proposed use’s access to SR 540 (Winter Lake Road) will be
determined after negotiations with the Florida Department of Transportation are
finalized. Any modifications to the access point as shown on the approved Level 3
Review site plan shall not require a Major Modification to this Conditional Use. [PLG]
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.
DRC Findings/Recommendation
Level 3/BGD 1/29/2014 2:11:31 PM
CU 14-04
Page 4 of 14
February 5, 2014
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.
Surrounding Land Use Designations and Current Land Use Activity:
Northwest:
RL-1;
North:
INST-2;
Northeast:
RL-1;
Wooded Pasture Land
All Saints Academy Private School
Wooded Pasture Land
West:
RL-1;
Wooded Pasture Land
Subject Property:
RL-1;
Wooded Pasture Land
East:
RL-1;
Wooded Pasture Land
Southwest:
RL-1;
Wooded Pasture Land
South:
RL-1;
Wooded Pasture Land
Southeast:
RL-1;
Wooded Pasture Land
Source: 2011 aerial photos, site visit, Polk County Comprehensive Plan Future Land Use Map Series
Compatibility with the Surrounding Land Uses:
A.
Land Uses:
The site consists of wooded pasture land that is used for grazing by the organic cattle raised by
the property owners. The surrounding areas contain a mix of uses, including a governmental
complex, a private school, existing and future residential subdivisions. While the immediate area
is primarily agricultural in nature, sometime before 2019, a 175-unit subdivision, La Palma (PD
07-09), is planned to be constructed less than 0.25 miles to the west.
B.
Infrastructure:
The proposed development is located in the Transit Supportive Development Area (TSDA)
where there is plenty of available infrastructure and other community facilities and services. The
subject site is within the County’s Central Regional Utility Service Area (CRUSA) and will be
connected to Polk County’s potable water and wastewater service. Safety services such as fire,
police, and EMS are within four miles. The transportation network system has adequate capacity
to handle the proposed increase in traffic from the proposed agritourism facility.
Nearest Elementary, Middle, and High School
This request is for approval for a non-residential use. Consequently, school impacts are not
germane to this request. All Saints Academy, a private school, is the nearest school to the
subject site.
DRC Findings/Recommendation
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February 5, 2014
Nearest Sheriff, Fire, and EMS Station
Name of Station
Sheriff
Approximate Response Time
Distance from Site
1 - 2 minutes
Less than 1 mile
Central Command District Office or
COP Module
1891 Jim Keene Blvd
Winter Haven, FL 33880.
Fire
Fire Station 450 located at 333 American
Spirit Blvd, Winter Haven
7 minutes*
3.4 miles
EMS
Fire Station 450 located at 333 American
Spirit Blvd, Winter Haven
7 minutes*
3.4 miles
*Response times can vary significantly based on many factors.
Generally, the response time for Sheriff services varies depending on the location of the vehicles
on patrol. However, the Sheriff’s offices are across SR 540 if there is an emergency. Fire and
EMS services are within four miles of the subject site.
Water and Wastewater Demand and Capacity:
A.
Estimated Demand and Service Provider:
The site is within the Polk County Central Regional Utilities Service Area (CRUSA) for
centralized sanitary sewer and potable water service. The Polk County Water and Wastewater
Capacity Summary Report shows an available capacity of 931,000 GPD for the potable water
system and a 190,000 GPD available capacity for the sanitary sewer system. There is a 12-inch
water main and 8-inch wastewater force main within the southern right-of-way for SR 540 to
which this facility will connect.
The following table provides an estimate of what potable water and wastewater demand might be
in the more distant future, based on the use that would consume the most potable water and
wastewater capacity within the utility system.
Table 4
Subject Property
5± acres
RL-1
Permitted Intensity
Permitted by right
in the District
5 units
Single-Family Detached
Residential
Potable Water
Consumption (GPD)
Wastewater Generation
(GPD)
Estimated Impact Analysis
Maximum Permitted
in the District
25 Single-Family Detached
Residential
Proposed
Use
5,500 sq. ft. agritourism
facility with capacity for
200 persons
1,800 GPD
9,000 GPD
1,000 GPD
1,350 GPD
6,750 GPD
750 GPD
Source: Polk County Concurrency Manual & Polk County Utilities
Single-family consumption/generation numbers are based on 360 gpd per unit for water consumption rate and 270 gpd per
unit for wastewater.
Agritourism facility consumption/generation numbers are based on the use of Assembly Hall, with Food Service: 5 gpd per
seat for water consumption and 3.75 gpd per seat for wastewater.
DRC Findings/Recommendation
Level 3/BGD 1/29/2014 2:11:31 PM
CU 14-04
Page 6 of 14
February 5, 2014
B.
Available Capacity:
The Polk County Water and Wastewater Capacity Summary Report shows an existing available
capacity of 931,000 GPD for the potable water system and a 190,000 GPD available capacity for
the sanitary sewer system. There should be adequate water and sewer plant capacity to serve the
site for the future use. However, concurrency will have to be demonstrated during the Level 2
Review before any plans are approved by the Development Review Committee.
C.
Planned Improvements:
There are no known planned improvements at this time.
Roadways/ Transportation Network
A.
Estimated Demand:
The site will have direct frontage on SR 540 (Winter Lake Road), which is operating above the
Level of Service (LOS). The ultimate goal, to construct a new agritourism facility, will have
some impact on the traffic network. However, there is a surplus of trips on the affected roadway
link (SR 540 from the Polk Parkway to Spirit Lake Road) and the agritourism facility will only
be utilized when it is booked by clients.
Table 5
Subject Property
30.5± acres
RS
Permitted Intensity
Estimated Impact Analysis
Maximum Permitted
in the District
Permitted by right
in the District
5 units
Single-Family Detached
Residential
Average Annual Daily
Trips (AADT)
PM Peak Hour Trips
Proposed
Use
25 Single-Family Detached
Residential
5,500 sq. ft. agritourism
facility
39 AADT
196 AADT
50 AADT
5 PM/Peak
26 PM/Peak
8 PM/Peak
Source: Polk County Transportation Planning Organization Local Data
Based on 7.81 AADT and 1.01 PM Peak Hour Trips for single-family dwelling units.
Agritourism facility numbers based on 9.11 AADT and 1.41 PM/Peak per 1,000 square feet for churches.
B.
Available Capacity:
Capacity currently exists on SR 540 (Winter Lake Road) for the proposed agritourism facility.
The table below shows a surplus of capacity for the affected portion of roadway.
Table 6
Link # Direction
Current Available
LOS
Capacity
Road Name
Minimum
LOS
Standard
5-year
projected LOS
6302E
East
SR 540 (Winter Lake Rd. from Polk
Parkway to Spirit Lake Rd.)
B
2,271
D
B
6302W
West
SR 540 (Winter Lake Rd. from Polk
Parkway to Spirit Lake Rd.)
B
2,068
D
B
Source: Polk County Transportation Planning Organization, Concurrency Roadway Network Database
DRC Findings/Recommendation
Level 3/BGD 1/29/2014 2:11:31 PM
CU 14-04
Page 7 of 14
February 5, 2014
C.
Roadway Conditions:
SR 540 is a four lane, divided minor arterial with Level of Service B. In general, all the
roadways in the area are in adequate condition and have enough capacity to support a potential
increase in trips.
D.
Planned Improvements:
There are no improvements scheduled within the Polk County Community Investment Program
for roadways in this area. During Level 2 Review for the agritourism facility, further analysis
will determine if any roadway improvements will be necessary. A traffic study may be required
prior to Level 2 Review approval depending on the size and impact of the project.
Environmental Conditions
A.
Surface Water:
There are no surface water bodies on or near the subject site.
B.
Wetlands/Floodplains:
There are wetlands to the south of the subject site, but they will not be impacted by any of the
agritourism.
C.
Soils:
Soil Name
Dwellings w/o Basements
Small Commercial Buildings
Approximate
Percentage of Site
Pomello Fine Sand
Moderate: wetness
Moderate: wetness
75%
Moderate: wetness
Moderate: wetness
20%
Severe: ponding, low strength
Severe: ponding, low strength
5%
Sparr Sand/0 to 5%
Slopes
Samsula Muck
The site has soils consisting of Pomello Fine Sands, Sparr Sand/0 to 5% slope, and Samsula
Muck. These soils have the potential for moderate impacts to development due to wetness;
however, (with soil amendments) the site should be suitable for the development of a 5,500
square foot pavilion-type structure to house weddings and gatherings.
D.
Protected Species
According to the Florida Natural Areas Inventory Map, 2002, the site is not located within an
identified one mile radius for protected species.
E.
Wells (Public/Private)
There are three agricultural wells on site. The requested agritourism facility should not impede
the operation of the wells, nor vice versa.
DRC Findings/Recommendation
Level 3/BGD 1/29/2014 2:11:31 PM
CU 14-04
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February 5, 2014
F.
Airports:
The site is not within an airport buffer zone.
Park Facilities:
Since this is a request for a non-residential conditional use that will provide for recreational
opportunities, the location of the nearest park facility is moot.
Economic Factors:
This request adds a pastoral option to the County’s list of gathering places for special events such
as weddings and reunions. While the agritourism facility will mostly be utilized on the
weekends, some rentals will occur during the week as well.
Comments from other Agencies:
None
Exhibits:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Location Map
Aerial Photograph
Future Land Use Map
Site Concept
Location of Agritourism Facility and PD 07-09, La Palma subdivision
DRC Findings/Recommendation
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Exhibit 1
LOCATION MAP
DRC Findings/Recommendation
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Exhibit 2
AERIAL PHOTOGRAPH
DRC Findings/Recommendation
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Exhibit 3
INST-2
RL-1
SITE
RL-1
RL-1
FUTURE LAND USE MAP
RL-3
DRC Findings/Recommendation
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Exhibit 4
SITE PLAN
DRC Findings/Recommendation
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Exhibit 5
LOCATION OF AGRITOURISM FACILITY
AND PD 07-09, LA PALMA SUBDIVISION
DRC Findings/Recommendation
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February 5, 2014

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