Post by Dick Tracy on Aug 15, 2014 2:43:20 GMT -5
Hello, I am posting these e-mail exchanges between SLR residents & Ana Martinez at Polk Co Planning and Development in Bartow. These exchanges of e-mails about SLR common property and residential property being used for Commercial Enterprise Business Land Use. It all started by a resident asking a simply couple of questions to Ana Martinez in Planning & Development. Over a period of a couple of months, the questions to Ana Martinez and her responses have resulted so far, in that a Public Hearing will be held in Bartow on Thursday, Aug. 21st. This first Polk Co. Hearing will be about the Citation SLohA received because, several tall Commercial use Towers had been erected on SLR common land, without any Permits, a Engineer's Structural Study or any Polk Co. Inspections. Lots of questions to be answered, like who is paying for the Permits, does the Citation involve a Fine, if so, again who pays. Planning & Development also has problems with a residents property operating a Commercial Enterprise Business on said property. That issue will be on Polk County's Agenda, as I understand in near future. That Residential Land Use, will also be addressed by Polk County's Planning & Development.
So Here are the E-Mail Exchanges between a resident, lawyer & Ana Martinez, Planning & Development...
"Please Read Them and Pass It Forward If You Wish, Not Many Residents Are Aware of This Information"
Up Date Information on our Travel Plans
Date: Aug.15,2014
Hello, Our situation has changed in Md., so we will be heading home to SLR on Aug. 15th or 16th. So we will be home to attend the Special Polk Co. Hearing about SLR's Tower Permits and Residential Land Use by Planning & Development on Thursday, August 21 in Bartow.
See Ya, in a few days
J & J
-----Original Message-----
From: James Ath <jauth1@aol.com>
Sent: Thu, Aug 14, 2014 1:31 am
Subject: Fwd: Land Use Issues in SLR & KCnet E-Mails (Updated Aug. 14,2014)
Hello Friends, We may not make it back to Fl. in time for the Polk Co Hearing on Thursday Aug 21st. So KCNets Commercial Tower photos and a Complaint Letter will be sent to Ana Martinez at Polk Co. Planning & Development.
Subject: Re: Meeting on August 21st re KCNetwork tower permits
NOTE:
We will be sending photos to Ana with the explanation that I am out of state and could not attend and want to submit my KCNet's Commercial Tower photos and my objection to the towers.
On Wed, Aug 13, 2014 at 2:40 PM, James Ath wrote:
This is the latest e-mail from our Lawyer ,Bar bra St age (Attny). This Aug 21st,Thursday Hearing/Meeting is very important to get out our message, KCNet is a Commercial Business and so are his Communication Towers.
Again Thanks, J & J
-----Original Message-----
From: Bar bra Billiot St age (Attny) Esq. <Bar bra.St age (Attny)@st age (Attny)law.com>
To: 'James Ath' <jauth1@aol.com>
Sent: Wed, Aug 13, 2014 4:13 pm
Subject: RE: Meeting on August 21st re KCNetwork tower permits
It’s important to get the Planning Board to understand this is a significant commercial enterprise and not just someone wanting this for personal use.
From: James Ath [mailto:jauth1@aol.com]
Sent: Wednesday, August 13, 2014 1:09 PM
Cc:
Subject: Fwd: Meeting on August 21st re KCNetwork tower permits
Hello Friends,
Please tell all of your SLR friends about this "open meeting at Planning and Development". It is very important that we are represented at this Hearing on Thursday, Aug. 21st. So Pease try to attend, we have to help family (legal) on Monday Aug. 18th. I am going to try my best to get home on the 21st. but we will see.
PS. If you have any question give us a call or e-mail
Thanks for your help & support,
J & J
---------- Forwarded message ----------
From: Martinez, Ana <AnaMartinez@polk-county.net>
Date: Wed, Aug 13, 2014 at 8:17 AM
Subject: RE: Meeting on August 21st re KCNetwork tower permits
"Please Note this Polk Co Public Hearing Info"
This is a public hearing so anyone can attend and give comments when the hearing is open for each case. Because sometimes cases are continued or canceled, please have them call (863) 534-6054 to ensure that the cases will be on the agenda. The case numbers are CE14-3504 (against the association) and CE14-4116 (against the stabs). Let me know if you have any other question or comment.
Attentively,
Ana Martinez-H, AICP
Office of Planning & Development
Long Range Planning Division
Drawer TS05
Post Office Box 9005
Bartow, Florida 33831-9005
Ph # (863) 534-6486
Fax # (863) 534-6471
“Experience is a hard teacher because she gives the test first, the lesson afterward.”
-Vernon Law
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Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials regarding State or Local business are public records available to the public and media upon request. Your email communications may therefore be subject to public disclosure.
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---------- Forwarded message ----------
From: Martinez, Ana <AnaMartinez@polk-county.net>
Date: Wed, Aug 13, 2014 at 3:36 PM
Subject: FW: SLohA/Steyeb complaints
To: "Smith, Hank" HankSmith@polk-county.net
I don’t know how those hearings work. I am forwarding to the case investigator in Codes, Hank Smith for his input.
Hank, can you answer questions? Copy me on the answer for the next one. Thanks, Ana
Ana Martinez-H, AICP
Office of Planning & Development
Long Range Planning Division
Drawer TS05
Post Office Box 9005
Bartow, Florida 33831-9005
Ph # (863) 534-6486
Fax # (863) 534-6471
“Experience is a hard teacher because she gives the test first, the lesson afterward.”
-Vernon Law
From: SLR Resident
Sent: Wednesday, August 13, 2014 6:17 PM
To: Martinez, Ana
Subject: SLohA/Steyeb complaints
We would like to submit photographs and a statement in absentia. Is there anyway to read the content of the complaints that will be addressed at the hearing?
Is there a special way to submit an objection in written form? I am out of the state now, and we would attend the hearing if we were in Florida.
Thanks.
-----Original Message-----
From: James Ath
Sent: Wed, Aug 13, 2014 12:52 am
Aug.13,2014
Subject: Polk Co. Land Planning & Development E-Mails on Land Use in SLR
Hello Friends, Please read these e-mails and pass on these questions that our Lawyer, Bar bra St age (Attny) proposed. The BOD Meeting is this Wedsday, if any one can attend and ask these question to our BODs, that would be great.. Jew-D & I will be back in SLR by Aug. 21 or 22. We have legal business in Md on Monday Aug. 18th. pm. We will head home on the 19th. I really want to attend this Polk Co. Planning & Development Meeting on the 21st. of Aug., if it is a open meeting. I hope we can encourage other residents to also attend. It is very important to show we care about any PUD changes and permits for these Towers in SLR. More info hopefully after the BOD Meeting. If anyone can record this BOD Meeting please help out and record the meeting.
PS. It is Legal to record all open Meetings in SLR. Also note the e-mails concerning Land use and antennas. Plus KCNets (Bb Stailb) " home occupation business" land use change, which would require a public hearing. We will keep you all posted.
Thanks for Your Help & Pass It Forward To Other Residents in SLR !!!
See You Soon,
J & J
-----Original Message-----
From: Bar bra St age (Attny) <Bar bra.St age (Attny)@st age (Attny)law.com>
To: James Ath
Sent: Tue, Aug 12, 2014 2:44 pm
Subject: Re: Land Use Issue SLR & KCnet E-Mails
" You need to get as many people as possible to go to the Hearing on Thursday August 21st."
Bar bra Billiot St age (Attny), Esq.
Law Offices of St age (Attny) & Associates P.A
7635 Ashley Park Court
Suit 503-T
Orlando, FL32835
321.299.9412
On Aug 12, 2014, at 2:43 PM, Bar bra St age (Attny) wrote:
You need to put the board in the hot seat and ask them why they are paying for Kay c Ntwerk's engineer study, why did they give his employees transponders, why are they allowing a commercial enterprise in the neighborhood and what are they getting out of this.
Bar bra Billiot St age (Attny), Esq
On Aug 12, 2014, at 1:43 PM, James Ath wrote:
I am curious about your thoughts as we have a BOD Meeting on Aug.13.2014. We hope to have a friend in SLR to ask our Leaders, some pointed questions about this matter.
Thanks for Your Help as Always,
J & J
-----Original Message-----
From: Bar bra St age (Attny) <Bar bra.St age (Attny)@st age (Attny)law.com>
To: James Ath
Sent: Sat, Aug 9, 2014 2:09 pm
Subject: Re: Land Use Info & Kay c-Net in SLR
I'll take a look at the emails on Monday.
Bar bra Billot St age (Attny) Esq.
Sent by Jm Ath on Sat. Aug. 9, 2014
POLK CO. LAND & PLANNING MEETING DATE CORRECTION !!!
The original meeting date of the 8th given by the county was in error; the county subsequently wrote that it is on 8/21.
Meantime, BOD is planning to approve an appropriation for an engineering study to submit to the county with an application for permits for these towers. The BOD meeting is on 8/13.
FYI: Terror BearIt is also the lead on a new lawsuit filed by SLohA against owners on a covenant expiration issue. Frd O'N eel (Attny) is attorney for the owners.(Lra & Gngr at 66 SS)
On Aug 7, 2014, at 10:25 PM, James Ath wrote:
Hello Bar bra, A couple residents have been corresponding with Ana Martinez at the Office of Planning & Development for Polk County. The corresponding e-mails between them are listed below. I thought this may have some bearing on the direction we should take on Bb Steyeb''s Kay c-Net Internet business operating from his residence in SLR. The BOD may be seeing the light, but these actions are all being done behind closed doors. The Planning & Development for Polk Co. is holding a meeting on Thursday, Aug.21, 2014.
Bar bra please read these e-mails from Ana, and any advice will be appreciated. We will be getting back in touch with Ana at Land & Planning, to gather more Info about this Aug. 8 meeting. If you have any questions for us, we will be happy to fill you in more. So far these e-mail exchanges have not gone on SLR's Residents Forum. We are waiting for more Info.
Hope You Are Having "A Great Summer"... Thanks for your Help, J&J
-----Original Message-----
To: Jm & Jew-D Ath
Sent: Thu, Aug 7, 2014 5:56 pm
Subject: Fwd: FW: FW: Land Use
"Here it is."
---------- Forwarded message ----------
From: Martinez, Ana <AnaMartinez@polk-county.net>
Date: Thu, Aug 7, 2014 at 11:31 AM
Subject: RE: FW: FW: Land Use
I was able to meet with the Land Development Division director today. Right now the " Code Compliance citation" is for building the towers without a permit. As of today, the case is scheduled to go to hearing at the August 8, 2014 if they do not submit the engineering plans required for the permits. During the meeting we discuss what type of approval they would need prior to permitting and this is what we concluded.
NOTE # 1 & 2
1. Regarding the towers, if they are all "50 feet or below", then Chapter 3, Section 303, does not apply. They would still need the building permits. If any of the "towers is over 50’", they would have to process a level 3, Conditional Use/PUD modification (subsection 5 under Sect 303 Communication Towers)
2. Regarding the home occupation, the business can be deemed as a home occupation if it complies with the conditions of Section 206.E. The tower needed to run the business will be considered an external structure so he will be required to obtain a Level 3 approval (Section 206.E.1.a.), and he can only have one employee coming to the home to work with/for him. No outside storage, including parking of commercial vehicles associated with the business is allowed.
I have given the information to Hank to inform the property owner. I am not sure that this will answer all your issues, but it might help. You still need to address the any violation of your subdivision covenants with the board. Let us know if you have any additional questions or comments, Ana
Ana Martinez-H, AICP
Office of Planning & Development
Long Range Planning Division
Drawer TS05
Post Office Box 9005
Bartow, Florida 33831-9005
Ph # (863) 534-6486
Fax # (863) 534-6471
“Experience is a hard teacher because she gives the test first, the lesson afterward.”
Sent: Thursday, July 24, 2014 7:53 PM
To: Martinez, Ana
Subject: Re: FW: FW: Land Use
Ana: this is an interesting approach but it does not address Polk County's land planning and zoning regulations prohibiting commercial activity on this residential property. You stated that this kind of activity is out of compliance with the character of the residential neighborhood. Additionally, the neighborhood is deed restricted. I am told by an attorney that the owners property rights can be found in BOTH the Polk County plat/PUD as well as our own homeowner Covenants.
I stated that there are FIVE tall towers on residential property serving 1500+ customers outside of the community. There is no doubt that there is a business conducting commerce and our community is suffering by the many disruptions to the quiet enjoyment of our neighborhood and security by the presence of this business.
I mentioned to you when we spoke in June that residents have retained an attorney to protect our interests and also communicated that we hoped that this would not be necessary, if Polk County enforced its Planning and Zoning regulations on the property. We continue to hope that this is the case.
It would seem that this is a Planning/Zoning problem more than a Building problem. These commercial towers are not permitted on residential property. And, they are not in compliance with the deed-restricted residential nature of the community.
Owners wonder if the Building inspector went beyond the office entrance to actually SEE the towers? This is what happened last January when owners complained; Code Enforcement never even entered the community! At that point, it seemed that the issue was not being thoroughly vetted by Polk County.
We are very certain that these towers are NOT permitted and would be eager to hear further input from you. Additionally, we request to have a meeting to discuss this with your Departments along with the privately-retained attorney representing us owners.
Thank you..
On Thu, Jul 24, 2014 at 1:59 PM, Martinez, Ana <AnaMartinez@polk-county.net> wrote:
I got this today. It still doesn’t talk about what the towers are for so I don’t know if they are allowed outright or not. I have to follow up on that. I’ll let you know when I find out.
Attentively,
Ana Martinez-H, AICP
Office of Planning & Development
Long Range Planning Division
Drawer TS05
Post Office Box 9005
Bartow, Florida 33831-9005
Ph # (863) 534-6486
Fax # (863) 534-6471
“You can't stop the waves, but you can learn to surf. ”
- Jon KabatZinn
From: Smith, Hank
Sent: Thursday, July 24, 2014 11:58 AM
To: Martinez, Ana
Cc: Sheffield, Sherry
Subject: RE: FW: Land Use
ANA,
I spoke with the Saddleag Lakes Office Manager, Melonknee, this morning. " A Structural Engineer has been contacted and has agreed to provide the information requested by the Building Department." She anticipates getting a proposal soon, "possibly even today" and presenting it to the Board of Directors, who, she is sure will appprove it. plans will be submitted to the building department for permits; when permiots are issued, the 5 sites will be inspected and if/when the final inspections are completed the towers will be approved.
HANK
--------------------------------------------------------------------------------
From: Martinez, Ana
Sent: Wednesday, July 23, 2014 2:56 PM
To: Smith, Hank
Subject: FW: FW: Land Use
Hank, this is chain of emails related to the case I was asking about in the message I left in your voice mail earlier. See the bottom of the message for the parcel numbers in case you don’t remember. Let me know what you have found on this. Thanks, Ana
Ana Martinez-H, AICP
Office of Planning & Development
Long Range Planning Division
Drawer TS05
Post Office Box 9005
Bartow, Florida 33831-9005
Ph # (863) 534-6486
Fax # (863) 534-6471
“You can't stop the waves, but you can learn to surf. ”
- Jon KabatZinn
Sent: Wednesday, July 23, 2014 2:52 PM
To: Martinez, Ana
Subject: Re: FW: Land Use
No I did not hear from the Code Enforcement officer. I really do need to follow the progress so that hopefully, this matter can find some resolution, if possible, within the county's domain. Thanks for follow-up.
On Wed, Jul 23, 2014 at 11:19 AM, Martinez, Ana <AnaMartinez@polk-county.net> wrote:
I am not sure if you sent this questions again or the update to the system sometimes makes the system send the emails again to an address. I sent you the information below June 17, 2014. Did the code enforcement officer contacted you when he went over or after? I have not heard from him. I’ll check today to see what he found. I’ll let you know what I find.
Attentively,
Ana Martinez-H, AICP
Office of Planning & Development
Long Range Planning Division
Drawer TS05
Post Office Box 9005
Bartow, Florida 33831-9005
Ph # (863) 534-6486
Fax # (863) 534-6471
“You can't stop the waves, but you can learn to surf. ”
- Jon KabatZinn
From: Martinez, Ana
Sent: Tuesday, June 17, 2014 4:51 PM
To:
Cc: Call,Planner On
Subject: RE: Land Use
In regard to the antennas, I have not heard anything from the code investigator about his findings. As soon as I hear I’ll let you know.
Let us know if you have additional questions or comments.
Attentively,
Ana Martinez-H, AICP
Office of Planning & Development
Long Range Planning Division
Drawer TS05
Post Office Box 9005
Bartow, Florida 33831-9005
Ph # (863) 534-6486
Fax # (863) 534-6471
“You can't stop the waves, but you can learn to surf. ”
---------- Forwarded message ----------
From: : Tue, May 13, 2014 at 11:02 AM
Subject: RE: Land Use
To: "Call,Planner On" PlannerOnCall@polk-county.net
Is there an update yet to the matter requested earlier ie and more importantly the use of the parcels which I previously described -all currently housing tall radio transmission towers providing Internet services for hundreds of customers.
"Call,Planner On" <PlannerOnCall@polk-county.net> wrote:
"I couldn’t find any permits for~ towers~ associated with the parcels that you send me", so I have to research the PUD files that are archived. Hopefully I can get you the information by Thursday. Let me know if you have additional questions
Attentively,
Ana Martinez-H
Planner On Call
Polk County Board of County Commissioners
Office of Planning and Development
330 West Church STeet
Bartow, Florida 33830
Office (863) 534-6084
Fax (863) 534-6021
planneroncall@polk-county.net
From: Resident
Sent: Monday, May 05, 2014 4:09 PM
To: Call,Planner On
Subject: Re: Land Use
Per the PUD summary I found, the PUD approval included a Sm all commercial at the entrance of the resort (see attached summary). No industrial use is allowed. Let us know if you have any other question or comments.
Attentively,
Ana Martinez-H
Planner On Call
Polk County Board of County Commissioners
Office of Planning and Development
330 West Church STeet
Bartow, Florida 33830
Office (863) 534-6084
Fax (863) 534-6021
planneroncall@polk-county.net>
From: Resident in SLR
Sent: Monday, May 05, 2014 2:45 PM
To: Call,Planner On
Subject: Re: Land Use
I am not understanding why this is so; these parcel ID's are copy-pasted from the Property Appraiser:
29-30-06-000000-041010
S-bag LAKE OWNERS ASSOCIATION INC
Steyeb Robber B JR
28-30-01-939010-013160
5177 S-bag LAKE RD
S-bag LAKE UNIT #1 PB 56 PGS 3/4 BLK 13 LOT 16
On Sun, May 4, 2014 at 5:21 AM, SLR Resident wrote:
Ana, What is the land use permitted on these tracts? Specifically, is there a commercial/industrial use designation of any kind permitted?
Thank you for your Help...
---------------------------------------------------------------------
Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials regarding State or Local business are public records available to the public and media upon request. Your email communications may therefore be subject to public disclosure.
--------------------------------------------------------------------------------
