'Shouldn't they fit in?' Polk commissioners deny 242-unit subdivision in rural Kathleen

BARTOW — On a 4-1 vote, county commissioners sided with residents and denied a 242-unit subdivision proposed for rural Kathleen.

Commissioners cited issues with compatibility between the proposed single-family development and the surrounding residential and agricultural community. The land in question is a vacant pasture.

"The reality is that it's poor property. And that's the reason why it hasn't been developed," Commissioner Neil Combee said. "I think that there will come a time when there will be some development on it but I would, I would like to see something much less intense."

Commissioners Combee, Bill Braswell, Martha Santiago and Rick Wilson voted to deny the project. Commissioner George Lindsey voted against that motion and in favor of the project.

Previously: Polk County commissioners to consider 242-home subdivision in rural Kathleen

From 2021: In last-ditch effort to fight density in their rural community, Kathleen residents sue Polk County

Coming soon? New 'micro hospital' could soon be heading to South Florida Avenue

The project was proposed by Todd Pressman with Pressman and Associates, Inc. It was presented to commissioners by Timothy Campbell with the Clark, Campbell, Lancaster, Workman & Airth law firm. Campbell said he was there on behalf of the developer, Swan Capital.

Originally, the applicant had presented plans for a 250-home subdivision on 120 acres at 4235 Deeson Road near the rural Kathleen community. The proposed development site was too close for comfort for many residents, including some whose families had been in the area for nearly 150 years and farming it for over 100.

That plan was rejected by the Polk Planning Commission on a 4-3 vote. In an appeal, the applicant presented a plan for 242 homes, reducing the density from 2.57 homes per acre to 2.49 homes per acre. The applicant also expanded the availability of 60-foot wide lots for the perimeter of the project, containing the 50-foot wide lots to the interior of the project.

The proposal also called for the minimum lot size to be reduced to 5,500 square feet with side and rear setbacks reduced to five feet.

Over 50% of the project was retained for open space, partially because the property included wetlands that cannot be developed. The proposed subdivision also would have had an amenity center with a pool and clubhouse for residents.

While the project received a favorable review and recommendation from planning staff, commissioners ultimately sided with the Planning Commission's recommendation and testimony provided by residents concerning the incompatibility of the proposed project with the surrounding area.

"We have staff, we have engineers, we have SWFWMD, we have DEP, and I've seen it over and over, they're not right either all the time," Wilson said. "At the end of the day, I don't believe it's compatible and I will not be for it one bit."

More development: Polk Planning Commission approves over 200 new residential units in Lakeland

Residents push back

The land is zoned residential suburban, which allows one dwelling unit per every five acres. Michelle Crawford, a Robbins Road resident whose family moved to rural Kathleen in 1882, said that residents didn't fight the zoning change last year because that density is compatible with the surrounding neighborhood.

However, a developer can get up to three dwelling units per acre with Planning Commission approval or a successful appeal before the Board of County Commissioners. The gross density of the project was calculated at 2.49 dwelling units per acre because 21.5 acres are wetlands.

Crawford, who presented organized opposition before the commissioners and was granted a 30-minute presentation before public comment, said the site plan presents a density closer to eight units per acre due to the tight, clustered design of the project.

Did you know? Haines City mayor wants to return oversight of city clerk to city manager's office

Staff noted in its report that higher density is warranted in this case because the property is located within North Blackwater Creek, which has issues with flooding. Clustering development on upland acreage with smaller lot sizes is encouraged, according to the staff report. Higher density is also encouraged because of access to centralized utilities, a fact Campbell noted in his presentation.

But during about two hours of public comment, residents pushed back against the density. They brought up existing issues with flooding in the area, as well as concerns about increased traffic on Deeson Road and incompatibility with existing residential life.

Crawford said that her neighbors "regularly engage in target practice," light "big bonfires," set off "probably illegal fireworks" and play loud music "into the wee hours of the night."

"Those of us who grew up there or moved out to the country understand that all this comes with the territory and we think it adds to the charm; we love it. Occasionally a farm animal will get loose, someone's goat or horse or pig and we all pitch in to help our neighbors and round up the escapees and to mend the fence," Crawford said. "How are folks that move into this subdivision going to feel when they hear gunshots? Are they going to help us round up cows? Will they call the police when a pasture party goes on after sundown?"

Crawford added that there isn't "a single HOA" or "recreation center" in sight where she lives.

"Whoever comes to live on that land will be our new neighbors," Crawford said. "Shouldn't they fit in? Shouldn't they be seeking a similarly rural way of life?"

Reporting for duty: Assistant Polk fire chief to take over in interim capacity at end of July

Football fight: Haines City delays decision for youth football teams jockeying for use of a field

Why Commissioner George Lindsey was lone vote in favor of the project

As in the Planning Commission hearing, flooding came up at several points. In addition to Campbell answering questions about the issue and presenting a detailed engineering plan related to drainage, Pressman chose to speak during the public comment period to address drainage.

Pressman said the proposed project is "environmental stewardship on steroids."

"You've seen pictures and we've heard about a lot of extensive flooding now. The difference is these guys are on the hook for what they're proposing not just from the county but from SWFWMD and from FEMA," Pressman said. "Right now, it's just natural flows; nobody's fixing anything. Nobody's controlling anything. These waters are just moving by God's good grace."

Pressman said the developer was "over engineering" the site to "address the issues and problems that everyone has spoke about today."

Issues like drainage and traffic would have been addressed at a staff-level review had the project been approved, a fact that Lindsey pointed out in explaining his sole vote for approval.

"If those issues cannot be satisfied during the design and permitting process, then it doesn't go any further," Lindsey said. "That's it. That's where it stops."

Lindsey also said that commissioners had to vote on projects while keeping in mind the standards already in place.

"This is not about what I like or what I don't like. It's what meets the standards that we've adopted," Lindsey said. "I'm not going to add arbitrary and capricious findings. I'm going to stand by the rules and regulations that we've adopted and rely on the development review process and the Level 2 process to make sure those standards are satisfied."

But ultimately, commissioners decided that regardless of the wetness and lowness of the property, the bigger issue was the lack of compatibility with the surrounding neighborhood.

"Yeah we have standards and we have rules," Braswell said. "And one of the rules is, if we don't like it, we can deny it."

Maya Lora can be reached with tips or questions at mlora@gannett.com. Follow her on Twitter @mayaklora. 

This article originally appeared on The Ledger: Polk County turns down proposal for 242 homes on rural Kathleen land