SUBJECT
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Refund Request - (LDCPAS-2024-20 Mt. Pisgah Road ARR CPA) requesting a refund for the fees associated with a Small-Scale Comprehensive Plan Amendment that changed the Future Land Use designation on 15.54+/- acres from Phosphate Mining (PM) to Agricultural/Residential Rural (A/RR) in the Rural Development Area (RDA). (One-time expense of $4,608.00)
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DESCRIPTION
The fee for the request was $4,608.00. Small Scale Comprehensive Map Amendment Application Fee - $4,008.00, Advertising Fee (Small Scale Amendment) - $600.00 for a total of $4,608.00. The subject property was located within the Phosphate Mining (PM) district and is not owned by a phosphate mining company and has pre-existing residential dwellings from the mid 1970’s. The owners of the property wish to have the same residential land use rights as similar residential properties located within the Agricultural/Residential Rural (A/RR).
LDC Chapter 9 Section 913 C. Level 3 and Level 4 Reviews states: “A Fee Refund Request for Level 3 and Level 4 Reviews shall be submitted in writing to the Land Development Division with the payment receipt or other evidence of payment by the applicant. Fee Refund Requests received up to two weeks prior to the deadline for filing the request are entitled to a full refund of the fees paid. Fee Refund Requests received within two weeks of the filing deadline but prior to advertising are entitled to a 25 percent refund. Fee Refund Requests received after advertising for public notice shall not be entitled to any refund.”
The application did not qualify for a County Initiated request according to the Comprehensive Plan, Chapter 2, Policy 2.114-A2: Designation and Mapping which sets forth the criteria for a County Initiated request as a Mapping Error stating “the applicant must show documentation proving the property was not owned by a phosphate mining company prior to May 1, 1991, the Plan's adoption date. Property purchased from a phosphate company after this date will not be considered an error.” The last time the site was owned by a mining company was 2005 by Mosaic.
RECOMMENDATION
Approve fee refund of $4,608.00.
FISCAL IMPACT
Funding to process the refund in the amount of $4,608.00 is available in the General Fund within the FY 24/25 budget for Land Development.
CONTACT INFORMATION
Robert Bolton, Planner III
Land Development Division
863-534-6468
robertbolton@polk-county.net <mailto:robertbolton@polk-county.net>