City Commission Regular Meeting
Regular MeetingLake Wales, FL · November 16, 2021
Minutes
City Commission Meeting
Minutes
November 16, 2021
(APPROVED)
11/16/2021 - Minutes
1. INVOCATION
Dr. Scott Markley gave the invocation.
2. PLEDGE OF ALLEGIANCE
3. CALL TO ORDER
Mayor Fultz called the meeting to order at approximately 6:00 P.M. after the invocation and pledge of
allegiance.
4. ROLL CALL
Commission Members Present: Mayor Eugene Fultz, Terrye Howell, Jack Hilligoss, Deputy Mayor Robin
Gibson
Commission Members Absent: Daniel Williams
Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City
Attorney
5. PROCLAMATIONS AND AWARDS
5.I. PROCLAMATION - American Indian Heritage Month 2021
Mayor Fultz proclaimed November as American Indian Heritage Month. Representatives from the DAR
accepted the proclamation.
6. COMMENTS AND PETITIONS
7. CONSENT AGENDA
Deputy Mayor Robin Gibson asked to pull items 7.3 Preliminary Subdivision Plat Approval / Special
Exception Use Permit - Tangelo Street Subdivision and 7.5 Gardinier Master Annexation Agreement from
the agenda.
Deputy Mayor Gibson made a motion to approve the rest of the Consent Agenda. Commissioner Howell
seconded the motion.
By voice vote:
Deputy Mayor Gibson "YES"
seconded the motion.
By voice vote:
Deputy Mayor Gibson "YES"
Commissioner Howell "YES"
Commissioner Hilligoss "YES"
Mayor Fultz "YES"
Motion approved 4-0.
Deputy Mayor Gibson made a motion to approve items 7.3 Preliminary Subdivision Plat Approval /
Special Exception Use Permit - Tangelo Street Subdivision and 7.5 Gardinier Master Annexation
Agreement . Commissioner Howell seconded the motion.
By voice vote:
Deputy Mayor Gibson "YES"
Commissioner Howell "YES"
Commissioner Hilligoss "YES"
Mayor Fultz "YES"
Motion approved 4-0.
7.I. Minutes - November 2, 2021
7.II. Special Event Permit Application - Lake Wales Main Street Special Event “Make It Magical” 2021
[Begin Agenda Memo]
SYNOPSIS: The approval of the special event permit application will allow the Lake Wales Main Street
to hold a holiday event “Make It Magical” on December 10, 2021 between the hours of 5:00 p.m. and
8:00 p.m. and allow for the temporary closing of the Marketplace, a portion of Stuart and Park Avenues
and several city parking lots in the downtown area.
RECOMMENDATION
It is recommended that the City Commission consider taking the following action:
1. Approve the special event permit application from the Lake Wales Main Street to hold a holiday event
“Make It Magical” on Friday, December 10, 2021 between the hours of 5:00 p.m. and 8:00 p.m. with set
up beginning at 7:00 a.m.
2. Approve the temporary closing of the following on Friday December 10, 2021:
- Close a portion of Stuart and Park Avenues from First Street to Scenic Highway (SR17) from 2:00
p.m. – 8:00p.m..
- Close the Marketplace, the Marketplace parking lot, and both city lots on the east end of Stuart
Avenue at Scenic Highway (SR17) from 7:00a.m. – 8:00 p.m.
- Close the alley between Stuart Avenue and Park Avenue from SR17 to First Street from 7:00 a.m. –
8:00 p.m.
- Close Market Street at Park and Central Avenues for food vendors 2:00p.m. – 8:00p.m. (Wells Fargo
Avenue at Scenic Highway (SR17) from 7:00a.m. – 8:00 p.m.
- Close the alley between Stuart Avenue and Park Avenue from SR17 to First Street from 7:00 a.m. –
8:00 p.m.
- Close Market Street at Park and Central Avenues for food vendors 2:00p.m. – 8:00p.m. (Wells Fargo
has agreed to close their drive through at 5:00 p.m.)
BACKGROUND
Lake Wales Main Street submitted a special event permit application to hold their seventh annual
holiday event “Make It Magical” on Friday, December 10, 2021 between the hours of 5:00 p.m. and 8:00
p.m. in the downtown area. Set up time for the event will begin at 7:00 a.m. with clean up and take
down until 9:00 p.m. This event will provide a holiday destination for the entire family and will feature
musicians and vocalists, numerous craft and food vendors in the Marketplace and a horse and
carriage ride along Stuart Avenue. Local downtown restaurants will remain open providing a
variety of food and refreshments and local shops will stay open as well giving the public an opportunity
to shop while attending a special holiday event.
The Lake Wales Main Street is requesting the temporary closing of a portion of Stuart Avenue from
South Market Street to Scenic Highway (SR17), the temporary closing of several parking spaces on the
west side of South Market Street at Stuart Avenue, the temporary closing of the Marketplace and the
Marketplace parking lot, the temporary closing of the alley between Stuart Avenue and Park Avenue,
and the temporary closing of the two city lots on the east end of Stuart Avenue at Scenic Highway
(SR17).
The City’s special event review staff has reviewed the application and has no issues with the event. The
Streets Department will close the streets and parking lots, provide additional trash containers and at
the conclusion of the event they will empty the trash containers and transport them back to the storage
location. Main Street may request the assistance of the Lake Wales Police Department with off-duty
officers for security reasons only. Any trash clean up during the event will be the responsibility of Main
Street. Insurance has been provided as required. Main Street will be responsible for sanitary
facilities and a dumpster.
OTHER OPTION
Do not approve this special event permit application or the request for the temporary closing of a portion
of Stuart Avenue, the Marketplace or three city parking lots
FISCAL IMPACT
The total cost for in- kind services from the City is in the proposed budget for FY21/22 in the amount of
$1069 of which the Arts Council would be responsible for 25% or approximately $267.
[End Agenda Memo]
7.III. Preliminary Subdivision Plat Approval / Special Exception Use Permit - Tangelo Street Subdivision
[Begin Agenda Memo]
SYNOPSIS: Sloan Engineering Group, agent representing Kahler Family Trust, Mow Groves LLC,
and Prince Storage LLC, owners, is requesting approval of City Commission, of a 108-lot
single-family Preliminary Subdivision Plat and a Special Exception Use Permit for a Residential
PDP on 28 acres of land just east of Tangelo Street, and south of State Road 60.
RECOMMENDATION
The applicant requests approval of City Commission of a 108-lot single-family Preliminary Subdivision
Plat and a Special Exception Use Permit for a Residential PDP, with conditions of approval, as
recommended by the Planning and Zoning Board at a regular meeting on October 26, 2021.
BACKGROUND
The applicant requests approval of City Commission of a 108-lot single-family Preliminary Subdivision
Plat and a Special Exception Use Permit for a Residential PDP, with conditions of approval, as
recommended by the Planning and Zoning Board at a regular meeting on October 26, 2021.
BACKGROUND
General:
The 28-acre vacant grove land is located just east of Tangelo Street, south of State Road 60 and the
self-storage facility on Tangelo Street. The subject properties were annexed into the City through
petition by the owners this year, and on August 24, 2021, Planning Board made a recommendation to
City Commission to approve a zoning of R-1D, and a future land use designation of MDR medium-
density residential at a maximum of 12 units per gross acre.
The proposed single-family subdivision is designed as a Planned Development Project, including
requested Waivers of Strict Compliance.
Maximum density allowed on the site is calculated at 12 units per gross acre, or 336 homes, under the
Comprehensive Plan for MDR Medium-Density Residential; a density of only 3.1 dwelling units per acre,
or 108 homes, is proposed.
Typical lot sizes range from 6,000 square feet to 7,200 square feet, with lot widths ranging from 50-feet-
wide to 60-feet-wide. The 50-foot-wide lots are a slight deviation from the R- 1D zoning dimensional and
area standards, which requires a minimum lot width of 60 feet. The lot sizes meet the underlying
zoning, which requires a minimum lot size of 6,000 square feet.
Roadways & Access:
One entrance to the site is shown from Tangelo Street. Tangelo will be improved to minor collector
standards along the project boundary and to the development entrance. Tangelo Street is a city-
maintained road.
Five-foot-wide sidewalks will be constructed on both sides of interior streets, as well as along the length
of the property exterior to the development along Tangelo Street only. Additionally, a new local road will
be constructed through the project which will connect to an existing roadway grid for future
connections. Lastly, the development designates Tract A on the plan as right-of-way dedication to
the City for future growth and improvements.
Landscaping and Buffering:
A landscape plan will be required at Site Development Plan submittal, and will be reviewed
and approved by Staff after consultation with the City’s horticulturist. The proposed buffer may be
a wall or berm, and will be planted with shrubs, canopy trees, and understory trees.
Residential tree density requirements will be enforced at building permit issuance, pursuant to
section 23-307.2.a.3: a minimum of two, two-inch caliper shade trees, minimum of eight feet at
planting.
Recreation:
The project is designed with over an acre of recreation tracts, including a centralized neighborhood
park, a mini-park, and a natural multi-purpose trail which loops around the property and interconnects
with the sidewalk system. The neighborhood park will feature playground equipment, and the trail will
include at least 3 benches throughout.
The recreational trail does not count towards the overall recreation area provided, as it is narrower than
25 feet in width.
More than 27% of the site will remain as open space, where 20% open space is required at a minimum
by code.
The recreational trail does not count towards the overall recreation area provided, as it is narrower than
25 feet in width.
More than 27% of the site will remain as open space, where 20% open space is required at a minimum
by code.
Waivers of Strict Compliance:
The applicant requests the following Waivers of Strict Compliance from certain
dimensional and area standards in the R-1D zoning district:
1.) Minimum lot width at building line: 50 feet wide is requested for specific lots where 60 feet wide is
required by code.
2.) Side building setback: 5 feet is requested where 7.5 feet is required by code.
3.) Corner lot functional side-yard setback of 15 feet is requested where 25 feet is required by code, for
the following lots:
a. 1, 6, 17, 22, 23, 28, 29, 49, 72, 73, 90, 91, & 108
4.) Increase in the allowable lot coverage not to exceed 70% is requested where 40% is required by
code.
5.) Allow the neighborhood park to be further than 600 feet from lots it serves.
6.) Eliminate the visitor parking requirement at recreation areas.
(Code reference: 23-443.1.d. Parking spaces. In single-family and duplex PDPs where reductions in
minimum lot size are granted, and in all multi-family PDPs, visitor parking areas with spaces in a ratio
of one space per 10 dwelling units shall be provided in each neighborhood in addition to the minimum of
2 parking spaces for each dwelling unit. In projects of 100 units or more, parking spaces shall be
provided at the recreation area in a ratio of one space per ten dwelling units. Recreation area
parking in projects with less than 100 units may be used to meet the visitor parking requirement.)
Proposed Superior Design Standards:
In exchange for the consideration of the above-mentioned Waivers of Strict Compliance requested, the
applicant provided justification within the project narrative delineating the ways in which the plan is
superior to a standard subdivision:
“The proposed PDP is superior to a standard subdivision because it provides an interconnected trail
along the northern and eastern extent of the project. The trail will loop the southern stormwater pond
and will have multiple connections to the internal sidewalk as well as the proposed sidewalk along
Tangelo Street. The trail and sidewalks will create a unique opportunity for residents to exercise and
enjoy the park areas that will be a part of the trail system”.
Additionally, the plan will provide recreation and open space in excess of the minimum standards.
- Recreation required: .41 acres; Recreation provided: 1.23 acres
- Open space required: 20% of site; Open space provided: 27% of site
Code Analysis: Section 23-443 Design guidelines for residential PDPs.
Guidelines in this section are intended to assist the applicant in designing the project and the city in
assessing the quality of the proposed development.
a. Relationship to surrounding area. The development is not isolated from the surrounding community,
but is an integral part of the community. Methods for achieving:
Roadways and pedestrian/bike paths connect to the surrounding roadways, neighborhoods, commercial
Guidelines in this section are intended to assist the applicant in designing the project and the city in
assessing the quality of the proposed development.
a. Relationship to surrounding area. The development is not isolated from the surrounding community,
but is an integral part of the community. Methods for achieving:
Roadways and pedestrian/bike paths connect to the surrounding roadways, neighborhoods, commercial
areas, and parks. -Achieved
Streets extend or expand the existing street pattern. Collector streets do not terminate within the
development.-Achieved
Perimeter walls are discouraged in developments with under one hundred (100) units. In "gated"
communities, perimeter walls are inconspicuous and heavily landscaped. Landscaping has a natural,
rather than formalized appearance.-Achieved
Entrances to the development are understated and do not promote the concept of a development that is
separate from the surrounding community. -Achieved
Pedestrian connections to surrounding streets are provided through landscaped buffers and perimeter
walls. -Achieved
b. Overall design. The layout of the development is suited to the configuration and characteristics of the
land and integrates natural features into the overall design. Methods of achieving: Natural features of the
land, including wetlands, ponds, hills, and vegetation, are preserved and become the basis for the
layout of the development.-Unable to be determined
Parks and open areas incorporate natural features for the enjoyment of all residents and become focal
points for the development and for neighborhoods.-Not achieved
Roadways provide views of natural features and open space.-Not achieved
Changes in elevation are used as a design feature to provide interest.-Unable to be determined
Commercial areas in mixed-use developments are located for convenient and safe access from outside
and inside the development by vehicles and pedestrians.-Mixed-use not proposed
Location of buildings on ridges is avoided so that the rooftops do not dominate the landscape.-Unable to
be determined
c. Neighborhoods. The development establishes identifiable neighborhoods engendering a feeling of
belonging. Methods of achieving:
Dwellings are clustered rather than located in linear patterns on long streets. The number of dwellings in
each single-family neighborhood does not exceed fifty (50).-Not achieved
Each neighborhood has its own common open space designed as a focal point and visible from most
units. Central greens are encouraged.-Not achieved, but one is commonly located
Housing styles/types and streetscapes are chosen and designed to distinguish neighborhoods.-Unable
to be determined
Front porches, small front yards, and walkways connecting to the street provide opportunities for social
interaction.-Unable to be determined
d. Streetscapes. Streetscapes are designed to provide interest and variety; views of the street are
attractive from the dwelling units and from the point of view of the pedestrian walking along the street.
Methods of achieving:
Collector roads have landscaped medians or adjacent, landscaped pedestrian/bike corridors.
attractive from the dwelling units and from the point of view of the pedestrian walking along the street.
Methods of achieving:
Collector roads have landscaped medians or adjacent, landscaped pedestrian/bike corridors.
Driveways intersecting collector roads are minimized.-Not achieved
Visual interest is provided along the street through distinctive landscaping and street lighting, and varied
street and sidewalk patterns.-Not achieved
Location and orientation of houses or buildings on sites provides variety and distinctiveness to the
street.-Not achieved
Building facades and entrance features are varied.-Unable to be determined
Building sizes and types are designed specifically for the lot size and shape.-Unable to be determined
Setbacks between houses are varied or breaks are provided in rows of houses for visual relief. -Unable
to be determined
Mini-parks, neighborhood parks, and open space areas are located and landscaped to provide rest
stops for pedestrians and to visually punctuate the streetscape. Benches or retaining walls provide
seating. -Partially achieved
Spine roads and long sections of local streets meander and are attractively landscaped-Not achieved
Long blocks are broken up with landscaped islands.-Not achieved
Plantings are chosen to distinguish the street or neighborhood from others.-Unable to be determined
Streets are oriented to provide views of open areas and vistas from hillsides.-Unable to be determined
Intersections have landscaping and design features to add interest and shield houses on corner lots.-
Not achieved
Clutter along the street is minimized in dense neighborhoods by grouping mail boxes and trash
collection stations, keeping signage to a minimum, and providing visitor parking areas.-Not achieved
See also Lighting.
e. Street system. A well-planned street system establishes coherence to the development, provides
safe and efficient circulation for vehicles and pedestrians, and defines neighborhoods. Methods of
achieving:
A hierarchy of streets is established, providing a coherent circulation system; a maze of local streets is
avoided. -Achieved
Loop roads and branches from a spine road provide access to neighborhoods. The use of culs de sac is
minimized.-Achieved
Streets within neighborhoods are designed to provide unity and definition to the
neighborhood.-Not achieved
Streets are designed to allow for expansion of the development into nearby areas via collector roads.-
Achieved
f. Pedestrian circulation. A comprehensive system of sidewalks and bike paths throughout the
development connects dwelling units to recreation areas, parking areas, public transportation stops,
common buildings, and adjacent neighborhoods, and provides a safe and attractive walking environment
Streets are designed to allow for expansion of the development into nearby areas via collector roads.-
Achieved
f. Pedestrian circulation. A comprehensive system of sidewalks and bike paths throughout the
development connects dwelling units to recreation areas, parking areas, public transportation stops,
common buildings, and adjacent neighborhoods, and provides a safe and attractive walking environment
for recreational and practical use.-Achieved
The pedestrian/bike circulation system is planned as an integral part of the overall design of the
development, providing connections between dwelling units and all facilities in the development.-
Achieved
Pedestrian/bike paths running along streets are buffered from the travel ways of streets by landscaped
strips.-Achieved
Pedestrian/bike paths are designed as recreational features or to double as recreational features.
Paths that are separate from the vehicular ways are encouraged, provided they are in landscaped
corridors and there are sufficient connections between dwelling units and likely destinations.-Achieved
Paths meander through landscaped areas providing alternative routes for recreational walks and visual
variety for the pedestrian; paths do not run unvaryingly parallel to streets.-Achieved
Paths provide views of open areas, water bodies, wetlands, landscaped areas, streets, and
neighborhoods.-Achieved
g. Focal points and gathering places. Attractive and distinctive focal points and places for residents to
gather, meet, and enjoy the outdoors are provided in the development. In keeping with a principle of
Frederick Law Olmsted, the best part of the site is kept for the public. Methods of achieving:
In addition to neighborhood and mini-parks, recreation areas are provided to serve the entire community;
these are located for easy access by all residents and incorporate and enhance natural features
(whether existing or created), such as water bodies and groves of trees.-Achieved
Landscaped areas double as recreation areas.-Achieved
Recreation areas are designed to encourage gathering and interaction of residents. Path intersect, and
benches or picnic areas are provided at intersections; gazebos, plazas, community buildings,
playgrounds, picnic areas, seating near play courts, or similar facilities are provided.-Not achieved
In mixed-use developments, green areas are used to connect and integrate residential and mixed-use
or commercial/professional areas.-Mixed-use not proposed
Small parks provide focal points and gathering places within each neighborhood or for a group of
neighborhoods.-Not achieved
Facilities in common areas are provided appropriate to the residents' ages and interests. Playgrounds,
play courts, community buildings, bike paths, swimming pools, jogging paths, are examples.-Achieved
h. Landscaping. Landscaping in the development provides visual interest, screening where needed,
incorporates existing mature trees and other valuable vegetation, enhances natural features such as
wetlands, and minimizes water use. Methods of achieving:
An overall landscaping concept is prepared for the development with attention to streetscape,
plantings in recreation and common areas, attractive landscaping around buildings and in yards,
retention of existing trees, and appropriateness of plant selections to the environment.-Unable to be
determined
Streets, lot lines, and building envelopes are located to preserve existing trees, particularly in parks,
front yards and in landscaped islands and street edges.-Unable to be determined
retention of existing trees, and appropriateness of plant selections to the environment.-Unable to be
determined
Streets, lot lines, and building envelopes are located to preserve existing trees, particularly in parks,
front yards and in landscaped islands and street edges.-Unable to be determined
Native plant types and low water use species are used extensively.-Unable to be determined
Rear yards are buffered from roadways by landscaped buffers. A proliferation of individual privacy fences
along streets is avoided.-Unable to be determined
Landscaping is provided to screen lots where a double line of lots is located so that back yards or side
yards abut.-Unable to be determined
Where side building setbacks are small, plant materials are placed to screen side lot lines from the
street.-Unable to be determined
All dumpsters and other mechanical facilities are screened attractively.-Unable to be determined
Frameworks for plants to grow on, such as trellises or arbors, are provided in parks and yards.-Unable
to be determined
Existing or new large-caliper trees are used at focal points, providing the immediate impact of mature
trees.-Unable to be determined
i. Parking and access. Sufficient provision is made for resident and visitor parking and access for
services, such as deliveries and garbage pick-up, without street congestion or interference with
sidewalks. Parking facilities do not dominate the streetscape.
Methods for achieving:
Garages are recessed or oriented so that garage doors do not face the street.-Not Achieved
Driveways run along the side of dwellings or extend to the back of the dwelling.-Unable to be
determined
Parking areas are located to the side and rear of buildings; parking areas along street frontages are
minimized. -Unable to be determined
Parking areas are set back from the road and are screened with landscaping, fences, or berms. -
Parking not proposed
Small pods of parking are designed rather than large parking lots.-Parking not proposed
There is adequate street width where street parking is permitted.-Unable to be determined
Alleys provide service access and additional parking.-Not achieved
Driveways to dwellings are of adequate length to provide parking without vehicles encroaching on
sidewalk.-Achieved
Additional parking is provided for visitors and for recreation areas.-Not achieved
j. Lighting. Lighting is adequate for safety and enhances the streetscape, residential sites, parking
areas, signs, and recreation facilities without being excessive or creating glare. Methods for achieving:
Light fixtures are directed downward to the areas targeted for illumination and do not create glare. -
Unable to be determined
Decorative lighting is provided in recreation areas and along streets and pedestrian paths.-Unable to be
determined
Light fixtures are directed downward to the areas targeted for illumination and do not create glare. -
Unable to be determined
Decorative lighting is provided in recreation areas and along streets and pedestrian paths.-Unable to be
determined
Signage is illuminated by upward directed spot lights and is not internally lit.-Unable to be determined
Bus stops, trash receptacles, mailboxes, and other facilities are well lit and accessed by pedestrian
paths.-Unable to be determined
k. Neighborhood scale. Buildings are of appropriate scale for the lot or site and are compatible with
adjacent existing or proposed development. Methods for achieving:
Architectural styles are chosen or guidelines are developed for each neighborhood in keeping with the
lot sizes and layout in the neighborhood.-Unable to be determined
Multi-family buildings are broken into house-size building elements, especially where there is a building
height transition from adjoining development. -Multi-family not proposed
Open space and landscaping separate neighborhoods or buildings with different scales. -Not achieved
Infill development is of the same scale as existing development in the neighborhood. Where proposed
buildings are larger than existing buildings, the mass of the building is set back from the street, and the
portion of the building along the street is compatible in scale with adjacent buildings.-Not infill
Upper story planter boxes and roof plantings are provided for interest.-Unable to be determined
l. Privacy, safety, and security. Buildings and neighborhoods are designed to provide privacy,
safety, and security for residents. Methods for achieving:
Window placement and landscaping provide privacy between houses, particularly on lots with small
side yard setbacks.
-Unable to be determined
Upper floors are stepped back to increase the distance of windows from the property lines.
-Unable to be determined
Side and rear setbacks are not uniform; a side setback on one (1) side of a house
is greater than on the other. -Not achieved
A greater side setback is provided for two-story houses than for one-story. -Not achieved
Front windows provide views of streets and neighborhood parks.-Unable to be determined
Rear yards are screened from adjacent rear yards through careful building configuration and
landscaping.-Unable to be determined
Neighborhoods are small and have distinct entrances to promote a neighborhood identity and a sense
of belonging for residents. -Not achieved
Where street parking is permitted, sidewalks are provided. -Achieved
Staff Findings
1. The use is compatible with the intentions of Policy I.1.2.12 Medium Density Residential of
Where street parking is permitted, sidewalks are provided. -Achieved
Staff Findings
1. The use is compatible with the intentions of Policy I.1.2.12 Medium Density Residential of
the City’s Comprehensive Plan.
2. This site is located within the City’s utility service area and will connect to municipal water and
sewer.
3. The development will maximize existing infrastructure investments by connecting to municipal water
and sewer lines.
4. Project does not include cul-de-sacs which can inhibit integration with the surrounding area;
instead, proposed roads interconnect with the existing roadway network.
5. The project area is less than 300 feet from a major shopping center, which may reduce the need for
automobile dependency for short trips.
6. Recreation trail and sidewalk system promotes walkability and bike-ability.
7. Lots sizes are reduced so to minimize the area of land consumed for new development.
Recommended Conditions of Approval
8. Staff recommends the following conditions of approval:
a. Fences must be setback a minimum of 15 feet behind the front building expression line.
b. Housing will adhere to the City’s monotony standards.
c. Landscape Plan is required at Site Development plan submittal and will be reviewed and
approved by Staff and the City’s horticulturist.
d. Decorative, dark sky friendly street lighting to minimize glare and reduce light pollution. Street
lighting design/type to be approved by the City, and maintained by the HOA.
e. Garages shall be recessed from the front building expression line unless oriented away from
the street.
f. Staggered front building setbacks at a minimum of two feet difference between adjacent lots.
g. A street tree plan is required at landscape plan submittal.
OTHER OPTIONS
Decline to approve the preliminary subdivision plat and PDP.
FISCAL IMPACT
Approval of the preliminary plat and PDP would enable the development of this property and the
potential increase in property value. Specifically, estimating an average of $200,000 in taxable
value per unit, it could potentially result in over $21 million in taxable value, and generate $146,000 in ad
valorem taxes.
*Adjusted values for potential homesteaded properties have not been factored into this estimate.
[End Agenda Memo]
Deputy Mayor Gibson asked how we are reducing urban sprawl with this design.
*Adjusted values for potential homesteaded properties have not been factored into this estimate.
[End Agenda Memo]
Deputy Mayor Gibson asked how we are reducing urban sprawl with this design.
Mark Bennett, Development Services Director, said the location is near a commercial area, Wal-Mart,
and will be designed to be linked to nearby properties. There is more open space in this plan than is
required. Another method to reduce urban sprawl is transportation. There will be more right of way
dedicated to the City along Tangelo. Utilities are available to this project.
Deputy Mayor Gibson said that being near Wal-Mart is near walking distance getting people off the
highways.
7.IV. Agreement With Chastain-Skillman, Inc. (CS) Northwest Sidewalk And Street Tree Improvement Plan
[Begin Agenda memo]
SYNOPSIS:
The City Commission will consider entering into an agreement with Chastain-Skillman, Inc. for
Professional Engineering Services related to implementation of a portion of the Northwest
Sidewalk and Street Tree Improvement Plan.
RECOMMENDATION
It is recommended that the City Commission consider the following action(s):
1. Approve the agreement with Chastain-Skillman, Inc. for Professional Engineering Services related to
the CDBG-CV Northwest Sidewalk and Street Tree Improvement Plan.
2. Authorize the City Manager to execute the appropriate documents, following the Department of
Economic Opportunity’s approval of the grant application.
BACKGROUND
On November 1, 2021, the City of Lake Wales submitted a proposal for CDBG-CV grant funding that
would accelerate the implementation of the design and construction of the Northwest Sidewalk and
Street Tree Improvement Plan (attached as Exhibit A). The City published a RFQ and received two
submittals. Following the competitive selection process, Chastain-Skillman was selected as the
winning firm. The City will only enter into this agreement if it is successful in its pursuit for CDBG-CV
funding.
In the event the City is not selected as a grant recipient, the City Manager will not enter into the
agreement.
The primary objective will be to provide planning and design services and produce site work construction
drawings with permit application packages for the proposed CDBG-CV scope. Included in the project
are the following streets, Florida, Harding, Washington, Jackson, Lincoln, Booker, JA Wiltshire,
Alabama, “F”, Jewell, Pearl, “E”, “G”, and the alley between Washington to Lincoln.
OTHER OPTIONS
The City Commission may direct staff to not move forward with the agreement with Chastain-Skillman.
FISCAL IMPACT
Chastain-Skillman, Inc. will be compensated a fixed fee of $153,660, plus reimbursable expenses, to be
paid with CDBG-CV grant funding. The total project will total approximately $1.2M (breakdown below).
The City Commission may direct staff to not move forward with the agreement with Chastain-Skillman.
FISCAL IMPACT
Chastain-Skillman, Inc. will be compensated a fixed fee of $153,660, plus reimbursable expenses, to be
paid with CDBG-CV grant funding. The total project will total approximately $1.2M (breakdown below).
Tentative Budget Breakdown Activity Estimated Cost
(100% CDBG-CV Funding) Grant Administration $ 50,000
Engineering $ 153,660
Construction $990,000
Total $ 1,193,660
[End Agenda Memo]
7.V. Gardinier Master Annexation Agreement
[Begin Agenda Memo]
SYNOPSIS: The Gardinier Master Annexation Agreement contemplates the eventual annexation
over the next 20 years of property located east of State Road 17, and north of Masterpiece Road.
RECOMMENDATION
The City Commission authorize the Mayor to execute the Agreement.
BACKGROUND
Over the past year, staff has been in discussions with representatives of Gardinier Florida Citrus, Inc.,
and PCGP, LLC, regarding 932 acres located north of Masterpiece Road, and east of State Road 17
(please see attached map). These entities are owned by the Gardinier family, and are collectively
referred to as “Gardinier”. Based on these discussions, an annexation agreement has been
prepared for consideration by the City Commission.
The proposed agreement, to be known as the “Gardinier Master Annexation Agreement” (Agreement),
contains the following provisions:
• The property is identified as separate areas (known as the West, Central, and East areas).
• A separate annexation agreement for just the West area is expected within 10 days of approval of
the Master Annexation Agreement. It is anticipated that subsequent applications for land use, zoning,
and a Planned Development Project will soon be received thereafter.
• The Central and East areas would be annexed within 20 years. Separate annexation agreements
will be created for those areas at that time.
• The Agreement gives the City the ability to annex the property if Gardinier does not act within the
20-year time frame.
• The City agrees to accept annexation upon receipt of annexation agreements, unless otherwise
precluded by Florida or Federal law.
• The Master Annexation Agreement includes a provision regarding utilities. The Agreement
contemplates that the City will provide potable water and sanitary sewer to these properties within the
City limits. The Agreement also contains a provision that it shall not be interpreted to obligate the City
to extend water or sanitary sewer lines at its own expense, nor shall it prohibit joint participation in
extension of utilities.
• The Master Annexation Agreement includes a provision regarding utilities. The Agreement
contemplates that the City will provide potable water and sanitary sewer to these properties within the
City limits. The Agreement also contains a provision that it shall not be interpreted to obligate the City
to extend water or sanitary sewer lines at its own expense, nor shall it prohibit joint participation in
extension of utilities.
Annexation agreements are not normally presented to the City Commission for
consideration. The subsequent annexation ordinance is the action taken to determine whether property
would be annexed into the City. However, because of the utilities provision, it is necessary to
bring the Agreement for consideration. Another reason for having the Commission consider the
Agreement is to ensure that there is consensus for the future annexation of a large area.
Approval of the Agreement is important because it will allow the City (as opposed to Polk County and/or
the Town of Dundee) to control the development of these properties. The City can then ensure that
quality development occurs by controlling the eventual use and design of the properties. By asserting
control of property development, conducting proper planning, and governing the timing of annexation,
the City can also ensure that any possible adverse impacts due to urban sprawl are prevented.
OTHER OPTIONS
Decline to approve the Agreement.
FISCAL IMPACT
Because the Agreement only provides the framework for the eventual annexation of property, it
is not possible to provide an estimate of projected revenues.
[End Agenda Memo]
Deputy Mayor Gibson asked how we are addressing urban sprawl with this.
Mark Bennett, Development Services Director, said this is at the conceptual stage and one way to
reduce urban sprawl is proper planning and controlling the development. While this is a large tract it will
not be brought in all at once it will be done in phases. The west will come in first. The others will come
later. Timing can help control urban sprawl.
Deputy Mayor Gibson asked if there will be commercial there. Mr. Bennett said that has not been
decided yet but the owner is considering it.
Mayor Fultz asked if the conceptual plans for each phase will come before Commission for approval.
Mr. Bennett confirmed this.
Mr. Bennett said they may come up with a master development plan for the rest of the property. Mayor
Fultz said that would be a good thing.
Deputy Mayor Gibson asked about utilities. Mr. Bennett said utilities are available. They may need to
provide property to add utilities expansion.
Deputy Mayor Gibson asked about open space. Mr. Bennett said its too early for this.
7.VI. Grant Application - EPA Brownfields
[Begin Agenda Memo]
SYNOPSIS: The purpose of this memorandum is to request that the City Commission authorize the
submittal of an Environmental Protection Agency (EPA) Brownfields Grant in the amount of $500,000.
RECOMMENDATION
It is recommended the City Commission approve the following actions:
SYNOPSIS: The purpose of this memorandum is to request that the City Commission authorize the
submittal of an Environmental Protection Agency (EPA) Brownfields Grant in the amount of $500,000.
RECOMMENDATION
It is recommended the City Commission approve the following actions:
1. Authorize City Manager to sign the grant application and or other related documents.
2. Authorize the submittal of the grant application.
BACKGROUND
A brownfield site is defined in CERCLA (Comprehensive Environmental Response,
Compensation, and Liability Act) § 101(39) as real property, the expansion, redevelopment, or reuse of
which may be complicated by the presence or potential presence of hazardous substances,
pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred
land.
Due to multiple potential brownfields sites located in the City of Lake Wales, staff is seeking funds to
assess, clean, and redevelop these blighted areas. On September 8, 2021, City Commission approved
Cardno as the City’s Brownfields Consultant. Cardno is preparing the application at no expense to the
City. Applications are due by December 1, 2021.
FISCAL IMPACT
None – No matching funds are required for this grant.
[End Agenda Memo]
8. OLD BUSINESS
8.I. ORDINANCE 2021-27, FY20’21 Budget Amendment #1, 2nd Reading & Public Hearing
[Begin Agenda Memo]
SYNOPSIS:
Budget that was adopted on September 22, 2020.
RECOMMENDATION
It is recommended that the City Commission approve Ordinance 2021-27 after second reading and
public hearing.
The City Commission approved first reading of the ordinance on November 2, 2021. The
advertisement requirement for second reading and public reading has been met.
BACKGROUND
Ordinance 2020-12 estimating revenues and appropriating funds for Fiscal Year 2020’21 was
adopted by the City Commission September 22, 2020.
We are presenting Ordinance 2021-27 to modify the estimates of revenues and appropriations
budgeted in various funds. This is primarily a housekeeping ordinance to conform the adopted budget to
realized or expected changes within the current fiscal year. Explanation of change, for significant items
has been provided on both Exhibit A and B.
OTHER OPTIONS
budgeted in various funds. This is primarily a housekeeping ordinance to conform the adopted budget to
realized or expected changes within the current fiscal year. Explanation of change, for significant items
has been provided on both Exhibit A and B.
OTHER OPTIONS
This is a required budgetary amendment for compliance purposes relating to the City’s Charter and
Florida State Statute.
Per the Lake Wales City Charter, Section 6.07, upon written request by the City Manager, the City
Commission may by ordinance transfer part or all of any unencumber appropriation balance from one
department, office or agency to another. Per Florida State Statute, Section 166.241, the budget must
regulate expenditures of the municipality. If a budget amendment is required, the amendment must be
adopted in the same manner as the original budget.
FISCAL IMPACT
See Exhibit A and Exhibit B attached to Ordinance 2021-27
[End Agenda Memo]
Jennifer Nanek, City Clerk, read ORDINANCE 2021-27 by title only.
ORDINANCE 2021-27
AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING
ORDINANCE 2020-12 TO MODIFY THE ESTIMATES OF EXPENDITURES FOR THE OPERATION
OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE 2020-2021 FISCAL YEAR AND TO
MODIFY THE APPROPRIATION OF FUNDS RAISED AND COLLECTED FROM ALL SOURCES SET
FORTH IN THE ESTIMATE OF REVENUES FOR SAID FISCAL YEAR; REPEALING ALL
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE
DATE.
OPENED PUBLIC HEARING
CLOSED PUBLIC HEARING
Deputy Mayor Gibson made a motion to adopt ORDINANCE 2021-27 after 2nd reading and public
hearing. Commissioner Howell seconded the motion.
By voice vote:
Deputy Mayor Gibson "YES"
Commissioner Howell "YES"
Commissioner Hilligoss "YES"
Mayor Fultz "YES"
Motion approved 4-0.
8.II. Ordinance 2021-14 -Chapter 14 Code Of Ordinances Amendment Mobile Car Wash/Auto Detail
Business Regulations 1st Reading And Public Hearing – Notice Requirements Have Been Met.
[Begin Agenda Memo]
SYNOPSIS: Ordinance 2021-14 proposes an amendment to Chapter 14 – Licenses and Business
Regulations, Lake Wales Code of Ordinances. This amendment is necessary to address specific
concerns of the community, and to better-regulate mobile auto detailing businesses in Lake
Wales.
[Begin Agenda Memo]
SYNOPSIS: Ordinance 2021-14 proposes an amendment to Chapter 14 – Licenses and Business
Regulations, Lake Wales Code of Ordinances. This amendment is necessary to address specific
concerns of the community, and to better-regulate mobile auto detailing businesses in Lake
Wales.
RECOMMENDATION
Staff recommends approval at first reading of Ordinance 2021-14, following a public hearing.
BACKGROUND
Both the Code Compliance Division and the Police Department have recognized an increased
volume of calls and complaints regarding disruptive mobile car washing practices in the City. In
order to reduce certain impacts of this service type on neighborhoods and businesses, the intent
of Article VIII Mobile Car Wash/Auto Detail Businesses is to provide specific guidance on lawfully
conducting a mobile detailing business within the City.
On June 15, 2021, this request was brought before the City Commission for consideration.
Based on feedback provided at the meeting from mobile car wash vendors, the request was
tabled.
Since that time, staff has held several meetings with mobile car wash vendors. The purpose of
these meetings was to obtain feedback and review subsequent drafts of the revised ordinance. The
attached ordinance represents the 7th draft of the proposed regulations.
The new ordinance, which has been reduced in scope from 13 to 9 sections, now addresses
only the following items:
• Licensing
• Listing of Unlawful activities
• Vehicle Registration
• Documentation Requirements
• Signage
• Time Limits
• Location Restrictions
• Enforcement and Penalties
Items removed from the previous draft of the ordinance include the following:
• License Fee
• Display of License & Business Information
• Decal Requirement for Vendors
• Property Owner Authorization
• Impoundment Provisions
Additionally, the revised ordinance increases the amount of time that a mobile vendor may be on a site
from 3 to 4 hours, modifies the hours of operation to be consistent with the City’s Noise Ordinance
provisions, and clarifies the enforcement provisions by listing specific penalties for each offense.
• Impoundment Provisions
Additionally, the revised ordinance increases the amount of time that a mobile vendor may be on a site
from 3 to 4 hours, modifies the hours of operation to be consistent with the City’s Noise Ordinance
provisions, and clarifies the enforcement provisions by listing specific penalties for each offense.
Based on the feedback from mobile car wash vendors, the revised ordinance addresses their concerns,
while still accomplishing the goal of protecting the public interest by providing safeguards to
protect residents.
[End Agenda memo]
Jennifer Nanek, City Clerk, read ORDINANCE 2021-14 by title only.
ORDINANCE 2021-14
AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING
THE CODE OF ORDINANCES CHAPTER 14, AMENDING ARTICLE VIII. MOBILE CAR WASH/AUTO
DETAIL BUSINESSES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
OPENED PUBLIC HEARING
CLOSED PUBLIC HEARING
Mayor Fultz reviewed this history of this item. He said that city staff and business owners came
together on this and the business owners are happy about this.
Deputy Mayor Gibson commended both for working together constructively.
Deputy Mayor Gibson made a motion to adopt ORDINANCE 2021-14 after 2nd reading and public
hearing. Commissioner Howell seconded the motion.
By voice vote:
Deputy Mayor Gibson "YES"
Commissioner Howell "YES"
Commissioner Hilligoss "YES"
Mayor Fultz "YES"
Motion approved 4-0.
9. NEW BUSINESS
9.I. RESOLUTION 2021-25 - Opioid Settlement
[Begin Agenda Memo]
Synopsis: Resolution 2021-25 concerns the City’s participation in a unified plan for the proposed
allocation and use of opioid settlement proceeds related to an action filed by the State of Florida
pending in Pasco County, Florida, along with a number of Florida Cities and Counties participating in
an action styled In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the “Opioid
Litigation”). The City is not a litigating participant in that action; however, the State of Florida and
lawyers representing certain various local governments involved in the Opioid Litigation have
proposed a unified plan for the allocation and use of prospective settlement dollars from the opioid
related litigation. The Florida Memorandum of Understanding (the “Florida Plan”) sets forth a framework
whereby Polk County and several local cities will participate in the Florida Plan for the benefit of the
citizens of Lake Wales. There is also a Polk County, Florida Opioid Abatement Plan as referred to in
pending in Pasco County, Florida, along with a number of Florida Cities and Counties participating in
an action styled In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the “Opioid
Litigation”). The City is not a litigating participant in that action; however, the State of Florida and
lawyers representing certain various local governments involved in the Opioid Litigation have
proposed a unified plan for the allocation and use of prospective settlement dollars from the opioid
related litigation. The Florida Memorandum of Understanding (the “Florida Plan”) sets forth a framework
whereby Polk County and several local cities will participate in the Florida Plan for the benefit of the
citizens of Lake Wales. There is also a Polk County, Florida Opioid Abatement Plan as referred to in
the Interlocal Agreement between the County and several Polk County municipalities for
implementation of the Florida Plan.
Recommendation: That the City Commission approve the adoption of Resolution 2021- 25.
Fiscal impact: None
Alternatives: None that address the purpose of alleviating the impacts of the harm which opioids have
inflicted on the citizens of the City, County and State of Florida.
[End Agenda Memo]
Jennifer Nanek, City clerk, read RESOLUTION 2021-25 by title only.
RESOLUTION 2021-25
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAKE WALES, FLORIDA,
AUTHORIZING THE CITY OF LAKE WALES, FLORIDA, TO JOIN WITH THE STATE OF FLORIDA
AND OTHER LOCAL GOVERNMENTAL UNITS AS A PARTICIPANT IN THE FLORIDA
MEMORANDUM OF UNDERSTANDING AND FORMAL AGREEMENTS IMPLEMENTING A
UNIFIED PLAN FOR THE ALLOCATION AND USE OF PROSPECTIVE SETTLEMENT FUNDS
FROM THE OPIOID RELATED LITIGATION; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Fultz reviewed this item.
Deputy Mayor Gibson asked about implementation. Mayor Fultz said the money will be distributed to
local facilities and they have documentation on what they have done.
Albert Galloway, City Attorney, reviewed the stakeholders mentioned in the agreement.
Deputy Mayor Gibson made a motion to adopt RESOLUTION 2021-25. Commissioner Howell
seconded the motion.
By voice vote:
Deputy Mayor Gibson "YES"
Commissioner Howell "YES"
Commissioner Hilligoss "YES"
Mayor Fultz "YES"
Motion approved 4-0.
9.II. Ordinance D2021-18 Belleview CPA First Reading And Public Hearing
[Begin Agenda Memo]
SYNOPSIS: Belleview Drive LLC, owner, requests approval of City Commission to amend the Zoning
Map, and the Future Land Use Map of the Comprehensive Plan to the above-mentioned parcels totaling
approximately 10 acres of land.
RECOMMENDATION
SYNOPSIS: Belleview Drive LLC, owner, requests approval of City Commission to amend the Zoning
Map, and the Future Land Use Map of the Comprehensive Plan to the above-mentioned parcels totaling
approximately 10 acres of land.
RECOMMENDATION
Approval at first reading, and adoption at second reading, following a public hearing, to re-assign the
following land use and zoning designations, as recommended by the Planning and Zoning Board at a
regular meeting on October 26, 2021:
Current Land Use: County Residential Suburban/Southeast SAP Current Zoning: County RSX
Proposed Land Use: LDR Proposed Zoning: R-1B
BACKGROUND
The subject property is located at the northeast corner of Grove Road #3 and GR Road/9th Street
South, just west of 11th Street. The property owner petitioned annexation into the corporate city limits
of Lake Wales on August 26, 2021 and was officially annexed on October 5, 2021. The next step in the
process is to assign Land Use and Zoning which has been presented to the Planning & Zoning Board at
a regular meeting on October 26, 2021.
This parcel will become part of a larger residential development; however, development plans have not
yet been submitted to the City.
A Future Land Use Designation of LDR – Low Density Residential at 5 units per gross acre, and a
Zoning designation of R-1B is compatible with the surrounding area and will complement the built
environment.
CODE REFERENCES AND REVIEW CRITERIA
The City Commission assigns future Land Use and zoning designations by ordinances upon a
recommendation from the Planning & Zoning Board. The adopted ordinance is transmitted to the state’s
Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as
appropriate with reference to the City’s Comprehensive Plan.
FISCAL IMPACT
Re-assignment would enable the development of this property and the potential increase in property
value.
[End Agenda Memo]
Jennifer Nanek, City Clerk, read ORDINANCE D2021-18 by title only.
ORDINANCE D2021-18
(CPA/Future Land Use Map Amendment for approximately 10 acres of land southwest of
Belleview Drive and west of 11th Street)
AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATIONS ON
APPROXIMATELY 10 ACRES OF LAND LOCATED SOUTHWEST OF BELLEVIEW DRIVE AND
WEST OF 11TH STREET, FROM COUNTY DESIGNATION RESIDENTIAL SUBURBAN/SOUTHEAST
SAP, TO CITY OF LAKE WALES DESIGNATION LDR LOW-DENSITY RESIDENTIAL; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
OPENED PUBLIC HEARING
Susan Swift, Planner with Colliers Engineering and Design, representing the owner and applicant. She
said she understands their concerns. This is attached to a nearby parcel and will give a better shape to
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
OPENED PUBLIC HEARING
Susan Swift, Planner with Colliers Engineering and Design, representing the owner and applicant. She
said she understands their concerns. This is attached to a nearby parcel and will give a better shape to
the City.
CLOSED PUBLIC HEARING
Commissioner Howell made a motion to approve ORDINANCE D2021-18 after first reading and public
hearing. Deputy Mayor Gibson seconded the motion.
By voice vote:
Commissioner Howell "YES"
Deputy Mayor Gibson "YES"
Commissioner Hilligoss "YES"
Mayor Fultz "YES"
Motion approved 4-0.
9.III. Ordinance D2021-19 Belleview Zoning First Reading And Public Hearing
[Begin Agenda memo]
SYNOPSIS: Belleview Drive LLC, owner, requests approval of City Commission to amend the Zoning
Map, and the Future Land Use Map of the Comprehensive Plan to the above-mentioned parcels totaling
approximately 10 acres of land.
RECOMMENDATION
Approval at first reading, and adoption at second reading, following a public hearing, to re-assign the
following land use and zoning designations, as recommended by the Planning and Zoning Board at a
regular meeting on October 26, 2021:
Current Land Use: County Residential Suburban/Southeast SAP Current Zoning: County RSX
Proposed Land Use: LDR Proposed Zoning: R-1B
BACKGROUND
The subject property is located at the northeast corner of Grove Road #3 and GR Road/9th Street
South, just west of 11th Street. The property owner petitioned annexation into the corporate city limits
of Lake Wales on August 26, 2021 and was officially annexed on October 5, 2021. The next step in the
process is to assign Land Use and Zoning which
has been presented to the Planning & Zoning Board at a regular meeting on October 26,2021.
This parcel will become part of a larger residential development; however, development plans have not
yet been submitted to the City.
A Future Land Use Designation of LDR – Low Density Residential at 5 units per gross acre, and a
Zoning designation of R-1B is compatible with the surrounding area and will complement the built
environment.
CODE REFERENCES AND REVIEW CRITERIA
A Future Land Use Designation of LDR – Low Density Residential at 5 units per gross acre, and a
Zoning designation of R-1B is compatible with the surrounding area and will complement the built
environment.
CODE REFERENCES AND REVIEW CRITERIA
The City Commission assigns future Land Use and zoning designations by ordinances upon a
recommendation from the Planning & Zoning Board. The adopted ordinance is transmitted to the state’s
Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as
appropriate with reference to the City’s Comprehensive Plan.
FISCAL IMPACT
Re-assignment would enable the development of this property and the potential increase in property
value.
[End Agenda Memo]
Jennifer Nanek, City Clerk, read ORDINANCE D2021-19 by title only.
ORDINANCE D2021-19
(Zoning Map Amendment for approximately 10 acres of land southwest of Belleview Drive and
west of 11th Street)
AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE ZONING MAP TO
CHANGE LAND USE DESIGNATIONS ON APPROXIMATELY 10 ACRES OF LAND LOCATED
SOUTHWEST OF BELLEVIEW DRIVE AND WEST OF 11TH STREET, FROM COUNTY
DESIGNATION RESIDENTIAL SUBURBAN/SOUTHEAST SAP, TO CITY OF LAKE WALES
DESIGNATION R-1B RESIDENTIAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
OPENED PUBLIC HEARING
CLOSED PUBLIC HEARING
Deputy Mayor Gibson asked if this was a different parcel. Susan Swift, Planner with Colliers
Engineering and Design, representing the owner and applicant explained that this was the
same parcel as the previous item.
Deputy Mayor Gibson made a motion to approve ORDINANCE D2021-19 after first reading and public
hearing. Commissioner Howell seconded the motion.
By voice vote:
Deputy Mayor Gibson "YES"
Commissioner Howell "YES"
Commissioner Hilligoss "YES"
Mayor Fultz "YES"
Motion approved 4-0.
9.IV. Ordinance D2021- 20 First Reading And Public Hearing Hunt Club Grove North Large-Scale CPA
[Begin Agenda Memo]
SYNOPSIS: Dave Schmitt Engineering, Inc, agent for owners, requests approval of City Commission to
9.IV. Ordinance D2021- 20 First Reading And Public Hearing Hunt Club Grove North Large-Scale CPA
[Begin Agenda Memo]
SYNOPSIS: Dave Schmitt Engineering, Inc, agent for owners, requests approval of City Commission to
amend the Zoning Map, and the Future Land Use Map of the Comprehensive Plan on above-referenced
parcels of land.
RECOMMENDATION
At a regular meeting on June 22, 2021, the Planning and Zoning Board made a recommendation of
approval at first reading, and adoption at second reading, following a public hearing, to re-assign the
following land use and zoning designations:
Hunt Club North
Current Land Use: Polk County RL-1 Residential Low Current Zoning: N/A
Proposed Land Use: LDR low-Density Residential
Proposed Zoning: R-1C
Hunt Club South
Current Land Use: LDR Low-Density Residential Current Zoning: R-1B
Proposed Land Use: MDR Medium-Density Residential Proposed Zoning: No change is proposed
BACKGROUND
Hunt Club Grove North has a project area of about 130 acres of vacant grove land, and it is planned for
residential development. Approximately 62 acres of land were petitioned for annexation into the City and
it was approved at first reading on October 19, 2021 and was adopted on November 2, 2021.
Hunt Club South, a separate phase of the overall development, has a total project area of 104 acres of
vacant grove land and is also planned for residential development. These parcels did not require
annexation as they were already incorporated; however, a land use change on 24.66 acres of the
site from LDR Low-Density Residential, to MDR Medium-Density Residential is requested.
Low-Density Residential = 5 units per gross acre Medium-Density Residential = 12 units per gross acre
The Planning and Zoning Board has recommended approval of reassigning land use and zoning
designations at a regular meeting on October 26, 2021.
CODE REFERENCES AND REVIEW CRITERIA
The City Commission assigns Future Land Use and Zoning designations by ordinances upon a
recommendation from the Planning & Zoning Board. The adopted ordinance is transmitted to the state’s
Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as
appropriate with reference to the City’s Comprehensive Plan.
FISCAL IMPACT
Re-assignment would enable the development of both properties and the potential increase in
property value. Specifically, estimating an average of $200,000 in taxable value per unit, and
assuming 1,149 dwelling units based on what’s conceptually proposed, it could potentially result
in over $229 million in taxable value, and generate $1.5 million in ad valorem taxes.
*Adjusted values for potential homesteaded properties have not been factored into this estimate.
property value. Specifically, estimating an average of $200,000 in taxable value per unit, and
assuming 1,149 dwelling units based on what’s conceptually proposed, it could potentially result
in over $229 million in taxable value, and generate $1.5 million in ad valorem taxes.
*Adjusted values for potential homesteaded properties have not been factored into this estimate.
[End Agenda Memo]
Jennifer Nanek, City Clerk, read ORDINANCE D2021-20 by title only.
ORDINANCE D2021-20
(Large-Scale CPA/Future Land Use Map Amendment for approximately 68.06 acres of land
south of State Road 60 E)
AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATIONS ON
APPROXIMATELY 68.06 ACRES OF LAND LOCATED SOUTH OF STATE ROAD 60 EAST, FROM
COUNTY DESIGNATION RL-1 RESIDENTIAL LOW, TO CITY OF LAKE WALES DESIGNATION LDR
LOW-DENSITY RESIDENTIAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
OPENED PUBLIC HEARING
CLOSED PUBLIC HEARING
Deputy Mayor Gibson said this is close to commercial keeping people off the highways.
James Slaton, City Manager, asked if this was mixed development. Mark Bennett, Development
Services Director, said yes it consists of single family homes and townhomes and plenty of open
space.
Commissioner Hilligoss made a motion to approve ORDINANCE D2021-20 after first reading and
public hearing. Deputy Mayor Gibson seconded the motion.
By voice vote:
Commissioner Hilligoss "YES"
Deputy Mayor Gibson "YES"
Commissioner Howell "YES"
Mayor Fultz "YES"
Motion approved 4-0.
9.V. ORDINANCE D2021-21 First Reading And Public Hearing – Hunt Club Zoning
[Begin Agenda Memo]
SYNOPSIS: Dave Schmitt Engineering, Inc, agent for owners, requests approval of City Commission to
amend the Zoning Map, and the Future Land Use Map of the Comprehensive Plan on above-referenced
parcels of land.
RECOMMENDATION
At a regular meeting on June 22, 2021, the Planning and Zoning Board made a recommendation of
approval at first reading, and adoption at second reading, following a public hearing, to re-assign the
following land use and zoning designations:
Hunt Club North
RECOMMENDATION
At a regular meeting on June 22, 2021, the Planning and Zoning Board made a recommendation of
approval at first reading, and adoption at second reading, following a public hearing, to re-assign the
following land use and zoning designations:
Hunt Club North
Current Land Use: Polk County RL-1 Residential Low Current Zoning: N/A
Proposed Land Use: LDR low-Density Residential
Proposed Zoning: R-1C
Hunt Club South
Current Land Use: LDR Low-Density Residential Current Zoning: R-1B
Proposed Land Use: MDR Medium-Density Residential Proposed Zoning: No change is proposed
BACKGROUND
Hunt Club Grove North has a project area of about 130 acres of vacant grove land, and it is planned for
residential development. Approximately 62 acres of land were petitioned for annexation into the City and
it was approved at first reading on October 19, 2021 and was adopted on November 2, 2021.
Hunt Club South, a separate phase of the overall development, has a total project area of 104 acres of
vacant grove land and is also planned for residential development. These parcels did not require
annexation as they were already incorporated; however, a land use change on 24.66 acres of the
site from LDR Low-Density Residential, to MDR Medium-Density Residential is requested.
Low-Density Residential = 5 units per gross acre Medium-Density Residential = 12 units per gross acre
The Planning and Zoning Board has recommended approval of reassigning land use and zoning
designations at a regular meeting on October 26, 2021.
CODE REFERENCES AND REVIEW CRITERIA
The City Commission assigns Future Land Use and Zoning designations by ordinances upon a
recommendation from the Planning & Zoning Board. The adopted ordinance is transmitted to the state’s
Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as
appropriate with reference to the City’s Comprehensive Plan.
FISCAL IMPACT
Re-assignment would enable the development of both properties and the potential increase in
property value. Specifically, estimating an average of $200,000 in taxable value per unit, and
assuming 1,149 dwelling units based on what’s conceptually proposed, it could potentially result
in over $229 million in taxable value, and generate $1.5 million in ad valorem taxes.
*Adjusted values for potential homesteaded properties have not been factored into this estimate.
[End Agenda Memo]
Jennifer Nanek, City Clerk, read ORDINANCE 2021-21 by title only.
ORDINANCE D2021-21
(Zoning Map Amendment for approximately 68.06 acres of land south of State Road 60 East)
AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE ZONING MAP TO
ORDINANCE D2021-21
(Zoning Map Amendment for approximately 68.06 acres of land south of State Road 60 East)
AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE ZONING MAP TO
CHANGE ZONING DESIGNATIONS ON APPROXIMATELY 68.06 ACRES OF LAND LOCATED
SOUTH OF STATE ROAD 60 EAST, FROM COUNTY DESIGNATION RL-1 RESIDENTIAL LOW, TO
CITY OF LAKE WALES DESIGNATION R-1C; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
OPENED PUBLIC HEARING
CLOSED PUBLIC HEARING
Deputy Mayor Gibson made a motion to approve ORDINANCE D2021-21 after first reading and public
hearing. Commissioner Howell seconded the motion.
By voice vote:
Deputy Mayor Gibson "YES"
Commissioner Howell "YES"
Commissioner Hilligoss "YES"
Mayor Fultz "YES"
Motion approved 4-0.
9.VI. Ordinance D2021- 22 Hunt Club South CPA First Reading And Public Hearing
[Begin Agenda Memo]
SYNOPSIS: Dave Schmitt Engineering, Inc, agent for owners, requests approval of City Commission to
amend the Zoning Map, and the Future Land Use Map of the Comprehensive Plan on above-referenced
parcels of land.
RECOMMENDATION
At a regular meeting on June 22, 2021, the Planning and Zoning Board made a recommendation of
approval at first reading, and adoption at second reading, following a public hearing, to re-assign the
following land use and zoning designations:
Hunt Club North
Current Land Use: Polk County RL-1 Residential Low Current Zoning: N/A
Proposed Land Use: LDR low-Density Residential
Proposed Zoning: R-1C
Hunt Club South
Current Land Use: LDR Low-Density Residential Current Zoning: R-1B
Proposed Land Use: MDR Medium-Density Residential Proposed Zoning: No change is proposed
BACKGROUND
Hunt Club Grove North has a project area of about 130 acres of vacant grove land, and it is planned for
Proposed Land Use: MDR Medium-Density Residential Proposed Zoning: No change is proposed
BACKGROUND
Hunt Club Grove North has a project area of about 130 acres of vacant grove land, and it is planned for
residential development. Approximately 62 acres of land were petitioned for annexation into the City and
it was approved at first reading on October 19, 2021 and was adopted on November 2, 2021.
Hunt Club South, a separate phase of the overall development, has a total project area of 104 acres of
vacant grove land and is also planned for residential development. These parcels did not require
annexation as they were already incorporated; however, a land use change on 24.66 acres of the
site from LDR Low-Density Residential, to MDR Medium-Density Residential is requested.
Low-Density Residential = 5 units per gross acre Medium-Density Residential = 12 units per gross acre
The Planning and Zoning Board has recommended approval of reassigning land use and zoning
designations at a regular meeting on October 26, 2021.
CODE REFERENCES AND REVIEW CRITERIA
The City Commission assigns Future Land Use and Zoning designations by ordinances upon a
recommendation from the Planning & Zoning Board. The adopted ordinance is transmitted to the state’s
Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as
appropriate with reference to the City’s Comprehensive Plan.
FISCAL IMPACT
Re-assignment would enable the development of both properties and the potential increase in
property value. Specifically, estimating an average of $200,000 in taxable value per unit, and
assuming 1,149 dwelling units based on what’s conceptually proposed, it could potentially result
in over $229 million in taxable value, and generate $1.5 million in ad valorem taxes.
*Adjusted values for potential homesteaded properties have not been factored into this estimate.
[End Agenda Memo]
Jennifer Nanek, City Clerk, read ORDINANCE D2021-22 by title only.
ORDINANCE D2021-22
(CPA/Future Land Use Map Amendment for approximately 24.66 acres of land east of 11th
Street, west of Hunt Brothers Road, and south of Post Salter Road)
AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE FUTURE LAND USE
MAP OF THE COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATIONS ON
APPROXIMATELY 24.66 ACRES OF LAND LOCATED EAST OF 11TH STREET, WEST OF HUNT
BROTHERS ROAD, AND SOUTH OF POST SALTER ROAD, FROM CITY OF LAKE WALES
DESIGNATION LDR LOW-DENSITY RESIDENTIAL, TO CITY OF LAKE WALES
DESIGNATION MDR MEDIUM-DENSITY RESIDENTIAL; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
OPENED PUBLIC HEARING
CLOSED PUBLIC HEARING
Deputy Mayor Gibson asked if this is the same project as North or separate. Mark Bennett,
Development Services Director said this is separate and reviewed this project.
Deputy Mayor Gibson made a motion to approve ORDINANCE D2021-22 after first reading and public
hearing. Commissioner Howell seconded the motion.
Deputy Mayor Gibson asked if this is the same project as North or separate. Mark Bennett,
Development Services Director said this is separate and reviewed this project.
Deputy Mayor Gibson made a motion to approve ORDINANCE D2021-22 after first reading and public
hearing. Commissioner Howell seconded the motion.
By voice vote:
Deputy Mayor Gibson "YES"
Commissioner Howell "YES"
Commissioner Hilligoss "YES"
Mayor Fultz "YES"
Motion approved 4-0.
10. CITY ATTORNEY
Albert Galloway, City Attorney, reported that they had a mediation session to work out an agreement
concerning the Seminole hotel. It is a good agreement. They convinced Mr. Kebabjin to unload the
Seminole Hotel for $50,000. There will be other expenses related to title insurance. It will come to the
Commission next meeting for approval.
11. CITY MANAGER
James Slaton, City Management, said there will be a dedicated workshop on growth management on
December 10.
Mr. Slaton reported that Lake Wales Live is Friday night and Thursday is the 3rd Thursday Market and the
Rockin Main Street concert. The Saturday after Thanksgiving is the Shop Small Saturday.
Mr. Slaton asked for the City Manager evaluation forms to be turned in by Friday for the next agenda.
11.I. Tracking Report
11.II. Commission Meeting Calendar
Mr. Slaton said that the Commission has the next two weeks off. The next meeting is December 1,
2021 which is a work session.
12. CITY COMMISSION COMMENTS
Commissioner Hilligoss said he attended the legacy Housing Dedication Friday. He enjoyed that and is
pleased with using CRA funds for this. He said he is looking forward to the growth management workshop
as it is a critical issue.
Commissioner Howell said that she is glad that Deputy Mayor Gibson and Mark Bennett are on top of urban
sprawl concerns. She does not want cookie cutter homes. Mr. Bennett said those are our monotony
standards that prevent that cookie cutter look.
Deputy Mayor Gibson said he is also glad about the growth management workshop and the techniques we
can employ to reduce urban sprawl. He asked about the CRA expert Jeff. James Slaton, City Manager, said
we won't here from him for awhile. It will take him 120 days but he is off and running.
13. MAYOR COMMENTS
Mayor Fultz thanked the staff for keeping an eye on things so the Commission can make good decisions
about what is coming in here. Many are concerned about the fast growth coming. We can't stop this but we
can be sure it is what we want. He would like to see the City squared off.
13. MAYOR COMMENTS
Mayor Fultz thanked the staff for keeping an eye on things so the Commission can make good decisions
about what is coming in here. Many are concerned about the fast growth coming. We can't stop this but we
can be sure it is what we want. He would like to see the City squared off.
Mayor Fultz reported on the concert at the Arts Center Saturday night. It was great. He encouraged
everyone to attend their events.
14. ADJOURNMENT
The meeting was adjourned at 6:45 p.m.
__________________________
Mayor
ATTEST;
_________________________
City Clerk
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