http://www.theledger.com/article/20081008/NEWS/810080370/1134?Title=County_OKs_Off_Road_Vehicle_ParkThe Lake Wales News wrote:
County rescinds ATV park restrictions
Route 630 venue could draw up to 5,000 people per weekend
Residents of Indian Lake Estates concerned over a large ATV motorsports park proposed near that subdivision got even unhappier news Wednesday from the Polk County Board of Commissioners, who rescinded two key conditions that the county planning board had placed on the project.
Land owner Peter Cassidy successfully argued for the removal of one condition that would allow only 12 events per year on the 428 acre tract, and a second that would have allowed the county to review its conditional land use change approval after two years.
The new plan will allow for four times as many events as originally approved 4-3 by the county’s seven person planning commission. The project did not need county commission approval, but Cassidy had the right to appeal to the five commissioners any or all of the conditions the planning group imposed.
Up to 5,000 people per event will be allowed at the park, which will also feature evening concerts that must conclude by 10 p.m. The nearest home in Indian Lake Estates is less than two-thirds of a mile away from the park, according to Cassidy.
Commissioner Jean Reed cast the lone no vote, arguing that the two conditions provided reasonable protection to homeowner’s in the area; more than a half-dozen of who appeared before the commission to complain that the park would devalue their property because of noise, pollution and traffic issues that the park could potentially generate.
“We could scratch the whole idea, but I’m not willing to do that because I think it might be worth a try,” Reed said. “But I can see exactly why the planning commission put a review in this. This needs a check and balance. It just makes common sense.”
Although a sound study was included in the original application for ATV noise, there were no sound studies done on how concert noise might affect the nearby residential areas.
“It’s probably far louder than the usual all terrain vehicle,” she added. “I can hear the Winter Haven band from five miles away. Music really travels. I have no doubt this will impact the people. If we do that every weekend all year long, would you want to live there? I wouldn’t. You’ve got to limit something here.”
Commissioner Jack Myers said it was “communism in a way” for the government to tell a private business how it should operate.
“I don’t think it’s going to effect the (property) value,” Myers said. “Since when did we become a socialist community to try and tell a business how to run an operation or how long they can run it?”
Commissioner Randy Wilkinson, who represents the ILE area, said he understood some of the concerns, but indicated that Cassidy’s reputation led him to believe that the Winter Haven based developer -- who originally purchased the land with the intention of developing a subdivision on it -- would be a good neighbor.
“It’s hard to find a perfect spot for this sort of thing,” Wilkinson noted. “There’s positive’s and negatives. There are drawbacks. All in all I think it’s a positive because of Pete Cassidy’s involvement. I think he’ll do an excellent job working with the neighbors. I hate to condition something that could create failure. If we’re going to do it, we’ve got to let you succeed.”
A number of residents spoke against the project, and several spoke in favor of it. According to the county, staff received 241 emails supporting the project, while also receiving 58 letters against, 26 emails against and a petition signed by 92 people who also opposed the idea. There was no indication regarding the location of where any of those respondents came from.
Cassidy said the two-year review “must be deleted” if he were to continue developing the park, and that the facility would have a “tremendous economic impact” to the area.
“How could anyone possibly make a commitment of substantial time and resources knowing that the carpet could be pulled out from underneath me in 18 to 20 months?” Cassidy asked. He also said that county planning staff had told him that placing time limits on conditional use agreement was “an exceptionally rare condition. I cannot make a long-term investment in the community based on a short-term approval.”
The hearing lasted more than two hours, and included pro and con comments from residents who would be most impacted.
“We are a rural community, and have been so for 50 years,” said Arlene Ambule, who said she has lived at ILE for the past 15 years. “We’re not crying for Publix and shopping and so forth. We moved out there because it was rural and that’s what we expect.”
Another ILE resident said their way of life there would be negatively impacted.
“We don’t want Triple Canopy. There are several people who want it for money’s sake, to help their own interests. But as far as quality of life, it’s a retirement community. We like the peace and quiet and security,” said Nancy Rost.
Two people who own land immediately adjacent to the proposed motorsports park, one a 13 acre tract and another covering 40 acres, both opposed the plan. Neither, however, live on that land at the moment. Robert Williams said ATV’s would be riding within 100 feet of his property line.
John Rasnic, a current ILE board member and commercial property owner in the ILE area argued that the economic boost to the area would be beneficial.
“The proposal will provide a much needed shot in the arm in the southwestern portion of the county,” Rasnic said. “This economic opportunity will greatly benefit the local economy. Without these changes, Cassidy cannot invest in this project.”
Cassidy also indicated that a majority of the ILE board supported the measure when it was first proposed. A number of speakers challenged that and many other recent actions there since the board make up and representation issues are being challenge in a legal battle between separate factions in the sub-division.
“A lot of the dissension that we’ve heard today coming from Indian Lake Estates has to do with the political climate,” said Susan Way, a resident there. “In our deteriorating community, what we need most is growth, not opposition.”
Cassidy, who indicated that Polk County had the third highest off-highway vehicle sales of any county in Florida, said there will be no permanent structures on site initially, and that the park would be served by food vending trailers and portable toilets. Because the site will not have permanent parking spots or permanent seating, despite the size of the project there is no need officials said for a special Development of Regional Impact process. Camping and events can only be held on Fridays, Saturdays and Sundays. Others agreed to conditions included using Polk County Sheriff’s Deputies for traffic control and that all off highway vehicles be trailered or towed in and out of the park.
Cassidy noted that on at least eight different occasions, he has been available to residents to answer their concerns, including a “town hall” style meeting at ILE that drew more than 150 people.
“I have made every attempt to meet with every person, group or entity in the vicinity that could possible be impacted by this venture,” Cassidy added. “Accordingly, I’ve made adjustments to our site plan.”
