POLK COUNTY
DEVELOPMENT REVIEW COMMITTEE
STAFF REPORT
DRC Date:
PC Date:
BoCC Date:
September 25, 2014
December 3, 2014
n/a
Applicant:
Sun Edison
Request:
Location:
Property Owner:
Parcel Size (Number):
Development Area:
Land Use Designation:
Nearest Municipality:
DRC Recommendation:
Level of Review:
Type:
Case Numbers:
Case Name:
Case Planner:
3
Conditional Use
CU 14-24/DMS #57396
Sun Edison
Brigitte D’Orval
The request for approval of a Solar Electric-Power Generation
Facility on approximately 69 + acres.
The site is located on the south side of West Bella Vista Street,
west of Sutton Road, in Section 9, Township 28, and Range 23.
LKL BLBD, LLC
69± acres
Rural Development Area (RDA)
Agricultural Residential Rural (A/RR)
The City of Lakeland is approximately one mile from the subject
site. The city was notified of this request via email on
November 13, 2014.
Approval
Location
2011 Aerial
Site
DRC Findings/Recommendation
Level 3/BGD 11/19/2014 9:31 AM
CU 14-24
Page 1 of 10
December 3, 2014
Summary of Analysis:
This request is for conditional use approval of a Solar Electric-Power Generation Facility which will
include ground mounted solar panels with transformers and converters that will connect the facility
to a substation linked into the City of Lakeland’s power generation system. The subject site is
approximately 69 acres in size and is within the Agricultural Residential Rural (A/RR) Future Land
Use district. Solar Electric-Power Generation Facilities may be permitted in the A/RR future land
use district with Level 2 conditional use approval (approval by the Development Review
Committee), in accordance with Table 2.1 of the Land Development Code (LDC). However, the
subject site will contain solar panels which will be less than 50 feet from the property lines, as well
as, less than 1,320 feet from the nearest single family residence which requires a Level 3 conditional
use approval (approval by the Planning Commission). The Board of County Commissioners adopted
Ordinance 11-033, which permitted Solar Electric-Power Generation Facilities on December 6,
2011. The visual impact to the neighboring area will be minimal since the solar panels will be
ground mounted and completely surrounded by a Type “A” buffer. This Type “A” Buffer is only
required (per Chapter 3) for that portion of the property that fronts road right of way. Therefore, the
buffer being provided along all boundaries of the property further helps the compatibility of the
facility with the surrounding residential use.
The proposed Solar Electric-Power Generation Facility is immediately adjacent to an existing City
of Lakeland Electric substation. The surrounding area is rural in nature with a few single family
homes immediately to the east and west of the subject site. The site is surrounded by existing
wetlands which will not be destroyed or removed. In addition, the facility will provide a Type “A”
landscape buffer around the subject site.
The site will not require potable water or wastewater service and it is unlikely this development will
not cause a major burden to law enforcement or EMS services, nor should it negatively impact the
school or park systems.
Findings of Fact
Development Review Committee
1.
The property is 69 acres and located in the Agricultural Residential Rural (A/RR) future land
use district within the Rural Development Area. A Solar Electric-Power Generation Facility
is a Level 3 Conditional Use in this land use district and may be allowed with approval of the
Planning Commission if a single family lot is less than 1,320 feet from the proposed facility
and/or the solar panels are closer than 50 feet from the property line.
2.
The applicant proposes a Solar Electric-Power-Generation Facility which will include
ground mounted solar panels, transformers and converters that will connect to the City of
Lakeland’s power generation system.
3.
The surrounding area is primarily developed with pasture lands and single-family homes.
4.
The site has frontage on Bella Vista Street. Bella Vista Street is an urban collector roadway
and the pavement is in good condition according to the Polk County Transportation Division.
DRC Findings/Recommendation
Level 3/BGD 11/19/2014 9:31 AM
CU 14-24
Page 2 of 10
December 3, 2014
5.
The existing site has wetlands and a section of flood zone “AE” on the southern portion of
the site and flood zone “A” on the northern portion which does not have any structures nor
will be developed with any structures at those locations.
6.
The site is not within a one mile radius of endangered plant and animal habitats, according
to the Florida Natural Areas Inventory of 2006-2011.
7.
The nearest Fire Rescue Station is #110, located at 3030 Sleepy Hill Road, Lakeland. The
travel distance is approximately 2 miles. The station is staffed 24/7 with career personnel
and augmented by response from other similarly staffed county fire and ambulance stations.
The Northwest District Command for the Polk County Sheriff’s Office, located at 4120 U.S.
Highway 98 South, in Lakeland, and is approximately 3.5 miles northeast of the subject site.
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 14-24 with conditions.
CONDITIONS OF APPROVAL:
1.
A Type “A” landscape buffer shall be provided along the property boundary of the subject
site. [PLG]
GENERAL NOTES
NOTE: This staff report was prepared without the benefit of testimony and evidence submitted by the public and other
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.
Surrounding Land Use Designations and Current Land Use Activity:
Northwest:
A/RR;
Pasture and single family homes
West:
A/RR;
Pasture and single family homes
Southwest:
A/RR;
Pasture and single family homes
North:
A/RR;
Pasture and single family homes
Subject Property:
A/RR;
Pasture
South:
RL-1;
Pasture and single family homes
Northeast:
RL-1;
Lakeland electric substation
East:
RL-1;
Single family homes
Southeast:
RL-1;
Single family homes
Source: GIS Data Viewer and field visit
DRC Findings/Recommendation
Level 3/BGD 11/19/2014 9:31 AM
CU 14-24
Page 3 of 10
December 3, 2014
Compatibility with the Surrounding Land Uses:
A.
Land Uses:
The applicant proposes to construct a Solar Electric-Power Generation Facility on approximately 69
acres within the A/RR future land use district. The site is primarily surrounded by pasture lands and
single family homes.
Per Section 303 of the Land Development Code, the proposed Solar Electric-Power Generation
Facility, if approved, will be required to have a Type “A” landscape buffer along the property
boundaries as shown on the site plan (Exhibit 4). The visual impact to the neighboring area will be
minimal since the solar panels will be ground mounted and completely surrounded by a Type “A”
buffer. This Type “A” Buffer is only required (per Chapter 3) for that portion of the property that
fronts road right of way. Therefore, the buffer being provided along all boundaries of the property
further helps the compatibility of the facility with the surrounding residential use.
B.
Infrastructure:
The proposed development is located in the Rural Development Area (RDA). Development in the
RDA does not require connection to centralized water and sewer. It is neither likely this
development will cause a major burden to law enforcement or EMS services nor should it negatively
impact the school or park systems.
Nearest Elementary, Middle, and High School
This request is for a Solar Electric-Power Generation Facility; therefore no additional students will
be generated by this development. The proposed Solar Electric-Power Generation Facility should
not conflict with nearby schools.
Nearest Sheriff, Fire, and EMS Station
Sheriff
Fire
EMS
Name of Station
Polk County Sheriff’s Office
4120 U.S Highway 98 South, Lakeland
Sleepy Hill Fire Station #110 (24/7)
Sleepy Hill EMS Station #110, (24/7)
Approximate Distance From Subject Site
3.5 miles
2 miles
2 miles
Source: Polk County Sheriff’s Office and City of Lakeland Fire Services Division.
Response times vary for the aforementioned services depending on the nature of the call and on the
location of these services. The addition of the non-residential use may contribute to an overall
increase of demand, which may further impact these services.
Water and Sewer Capacity and Service Provider:
A. Service Provider:
The proposed development is located in the Rural Development Area (RDA) which does not have
centralized water or sewer service. Due to the nature of the site, connection to the City of Lakeland
Utilities for water and wastewater service will not be necessary.
DRC Findings/Recommendation
Level 3/BGD 11/19/2014 9:31 AM
CU 14-24
Page 4 of 10
December 3, 2014
Roadways/Transportation Network:
Bella Vista Street West is a two-lane urban collector with approximately 20 feet of pavement width
on the portion that abuts the subject site. According to the Polk County Transportation Division,
most of Bella Vista Street West has a PCI (Pavement Condition Index) index of 6 (Good), meaning
the road is structurally sound. Driveway type and other improvements will be examined as part of
the Level 2 Review for this project. The subject site is approximately 69 acres in size that would
generate 14 trips per day if developed as single-family homes. The proposed solar facility will only
produce approximately 2 trips per day. Therefore, the proposed use will have little to no adverse
impact to the existing roadways.
Environmental Conditions:
A.
Surface Water:
Lake Bonnet is the nearest water body approximately two miles to the southeast of the subject site.
The existing site has wetlands and a section of flood zone “AE” on the southern portion of the site
and flood zone “A” on the northern portion which does not have any structures nor will be
developed with any structures at those locations. Therefore, it does not appear that this facility will
pose any adverse impacts to any water bodies.
B.
Wetlands/Floodplains:
The existing wetlands and flood zone on the subject site will not be impacted as a result of the
proposed project.
C.
Wells (Public/Private)
According to the applicant, there are no wells on-site.
D.
Archeological Resources:
According to the State Office of Historic Preservation, this site is not located on or near any known
archeological resources.
E.
Airports:
The subject site is not within an airport buffer zone.
F.
Soils:
Soil Name
Felda
Placid and Myakka Sands
Pomona
Samsula Muck
Sparr Sand
Wachula Fine Sands
Small Commercial Buildings
Severe: Wetness
Severe: Ponding
Severe: Wetness
Severe: Ponding, low strength
Moderate: Wetness
Severe: Wetness
Approximate Percentage of Site
10%
10%
10%
5%
60%
5%
Source: Soil Survey of Polk County, Florida
DRC Findings/Recommendation
Level 3/BGD 11/19/2014 9:31 AM
CU 14-24
Page 5 of 10
December 3, 2014
The existing structure is located on the upland portion of the site which will consist of solar panels.
Due to the type of structures which will be constructed on site, no adverse impacts are expected as a
result of the proposed use on-site.
G.
Protected Species:
The subject site is not located within a one mile radius for animal species, according to the Florida
Natural Areas Inventory of 2006-2011. No adverse impacts to animals or other wildlife are
anticipated.
Park Facilities:
This request is for a non-residential conditional use; therefore estimating impacts to the nearest
recreation facility is not relevant. The solar facility will not adversely impact any existing park
facilities.
Economic Factors:
The construction of the solar facility will provide short-term benefit to Polk County’s construction
industry. However, the long term benefits of solar energy will be beneficial to the overall economy
of Polk County. It is a renewable resource which reduces the need for the non-renewable sources of
energy such as large coal burning electrical power plant which is expensive to construct and
maintain. Compared with fossil fuel technologies, which are typically capital intensive, the
renewable energy industry is more labor-intensive. This means more jobs are created for each unit of
electricity generated from renewable sources than from fossil fuels.
Consistency with Comprehensive Plan:
The proposed project is consistent with Policy 2.125-O2, Location Criteria, for Solar Electric-Power
Generation Facilities, of the Comprehensive Plan. A Solar Electric-Power Generation Facility is
considered a Specialized Use (provides a planning mechanism with which to provide for a number
of critical activities which need to be permitted in all or many land uses) and is allowed with a
conditional use approval. This development is consistent with the supporting infrastructure in the
area and staff has conditioned the plan to be compatible with the surrounding uses.
Comments from other Agencies:
The City of Lakeland has indicated that the Solar Electric-Power Generation Facility is consistent
with the NW Lakeland Sector Plan and they have no objection to the proposed use on the subject
site.
Exhibits:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Location Map
Future Land Use Map
Aerial Photograph
Site Plan
DRC Findings/Recommendation
Level 3/BGD 11/19/2014 9:31 AM
CU 14-24
Page 6 of 10
December 3, 2014
Exhibit 1
Location Map
DRC Findings/Recommendation
Level 3/BGD 11/19/2014 9:31 AM
CU 14-24
Page 7 of 10
December 3, 2014
Exhibit 2
A/RR
RL-1
A/RR
A/RR
Future Land Use Map
DRC Findings/Recommendation
Level 3/BGD 11/19/2014 9:31 AM
CU 14-24
Page 8 of 10
December 3, 2014
Exhibit 3
Site
Aerial Map
DRC Findings/Recommendation
Level 3/BGD 11/19/2014 9:31 AM
CU 14-24
Page 9 of 10
December 3, 2014
Exhibit 4
Site Plan
DRC Findings/Recommendation
Level 3/BGD 11/19/2014 9:31 AM
CU 14-24
Page 10 of 10
December 3, 2014