City Commission Regular Meeting

City Commission Meeting Minutes August 1, 2023 (APPROVED) 8/1/2023 - Minutes 1. INVOCATION Rev JJ Pierce gave the invocation 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Commission Members Present: Robin Gibson, Keith Thompson, Danny Krueger, Mayor Jack Hilligoss, Daniel Williams Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney 4. CALL TO ORDER Mayor Hilligoss called the meeting to order at approximately 6:00 p.m. after the invocation and the pledge of allegiance. 5. PROCLAMATIONS AND AWARDS 5.I. PROCLAMATION - Water Professionals Month Mayor Hilligoss proclaimed August as Water Professionals Month. Sarah Kirkland, Public Works Director, and representatives from the City's water department accepted the proclamation. 6. COMMENTS AND PETITIONS Dr. Virgil Ullom, non-resident, spoke about the importance of walking with Christ. 7. CITY CLERK 7.I. Appointments – Board Of Adjustment And Appeals [Begin Agenda Memo] SYNOPSIS: Appointments to fill vacancies due to expiration of terms and resignations RECOMMENDATION Staff recommends that the Mayor and Commission to make the following appointments as deemed appropriate. 1. Make 2 appointments to the Board of Adjustment and Appeals from the three applicants. One for a term to expire 7/01/2025, One to a term to expire 7/01/2026. BACKGROUND The Mayor makes appointments to various citizen advisory and regulatory 1. Make 2 appointments to the Board of Adjustment and Appeals from the three applicants. One for a term to expire 7/01/2025, One to a term to expire 7/01/2026. BACKGROUND The Mayor makes appointments to various citizen advisory and regulatory boards, commissions, committees, and authorities with the advice and consent of the City Commission (City Charter, Sec. 3.06). Board of Zoning Adjustment and Appeals (BOA) (City Code Sec. 23-206.1) The board consists of five (5) members. Members must be residents. (3- year term) • An interview process is necessary for new applicants only. • Members are required to file an annual Form 1, Statement of Financial Interests • Current Vacancies: 2 vacancies Current Members: James Boterf, resident 10/04/11 – 07/01/23, 4 Crystal Higbee, resident 07/01/23 – 07/01/26, P+1 Sue Marino, resident 07/01/19 – 07/01/25, P+3 Baker, Nancy, resident 11/17/20 - 07/01/25, P+1 Patrick Corwith 07/01/23 – 07/01/26, P+1 Applying for Appointment: Cathy Hammel, Joseph Hall, Brenda Jackson All three were recommended for appointment by the Board of Adjustments and Appeals OPTIONS Do not appoint those that have applied. FISCAL IMPACT None. These are volunteer boards. [End Agenda Memo] Cathy Hammel introduced herself and shared her background and why she was interested in the position. Joseph Hall introduced himself, shared his background and why he is interested in the position. Mayor Hilligoss reported that he spoke with Brenda Jackson on the phone. She was unable to attend as she was out of town. Mayor Hilligoss made a motion to appoint Brenda Jackson to a term expiring on 7/1/2026 and to appoint Joseph Hall to a term expiring on 7/1/2025. Deputy Mayor Gibson seconded the motion. by voice vote: Deputy Mayor Gibson "YES" Commissioner Krueger "YES" Commissioner Williams "YES"  Deputy Mayor Gibson "YES" Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 8. CONSENT AGENDA Commissioner Krueger made a motion to approve the Consent Agenda. Commissioner Williams seconded the motion. by voice vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0 8.I. Minutes - July 18 & 26, 2023 8.II. Special Event Application – BizLinc Ribbon Cutting August 1, 2023 [Begin Agenda Memo] SYNOPSIS Florida Development Corporation (FDC) has applied for a special event permit to close Lincoln Avenue between 12:00 noon – 1:00 p.m. on August 1, 2023. RECOMMENDATION Staff recommends: 1: Approval of the special event application of the BizLinc grand opening on August 1, 2023 and the temporary closing of Lincoln Ave from noon – 1:00 p.m. BACKGROUND The Florida Development Corporation (FDC) is hosting a ribbon cutting event on Lincoln Avenue. They request that Lincoln Avenue be closed from C street to B Street from 12:00 noon – 1:00 p.m. OTHER OPTIONS Do not approve closure of the road. FISCAL IMPACT none [End Agenda Memo] 8.III. Interlocal Agreement With Polk County For Orange/Crystal Ave Road Project LAP Certified Project [Begin Agenda Memo] SYNOPSIS: The city has received Congressionally Designated Federal Funding through FDOT to implement Orange/Crystal Avenue road improvements. The city is not a Local Agency 8.III. Interlocal Agreement With Polk County For Orange/Crystal Ave Road Project LAP Certified Project [Begin Agenda Memo] SYNOPSIS: The city has received Congressionally Designated Federal Funding through FDOT to implement Orange/Crystal Avenue road improvements. The city is not a Local Agency Program (LAP) Certified entity, which is an FDOT requirement to manage the project. Polk County has agreed to manage the project as a LAP certified entity on the city’s behalf. RECOMMENDATION Approve the Interlocal Agreement with Polk County to manage the project through construction as required by the FDOT LAP Agreement. BACKGROUND The city applied to Congressman Darren Soto’s office for Community Project Appropriations to complete street resurfacing, ADA and & Street Improvements to Orange and Crystal Avenues. FDOT has programmed the project to begin this State Fiscal year (July 2023- June 2024). Similar to the Interlocal for the RSH Trail Grant, the city will be responsible for the fiscal management and project oversight of the grant. There is no cost to have the County be the LAP certified project manager. FISCAL IMPACT None to enter into the Interlocal with the County. The funding is $800,000 and city match is $200,000. [End Agenda Memo] 8.IV. Agreement Renewal With The Polk County Board Of County Commissioners (BoCC) Fleet Management Division For City Vehicle And Equipment Maintenance Services. [Begin Agenda Memo] SYNOPSIS: Staff is recommending the Commission approve to renew the city’s existing maintenance agreement for fleet maintenance with the BoCC for an additional twelve-month period. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the agreement to extend the existing contract for an additional twelve-month period. 2. Authorize the City Manager to execute the appropriate documents on behalf of the City. BACKGROUND In August of 2009, the City of Lake Wales (COLW) entered into an agreement with the Polk County Board of County Commissioners for fleet maintenance services. Per the agreement, BoCC’s Fleet Management Division provides maintenance services on all City- owned vehicles and equipment at the City’s fleet facility located on Crystal Avenue. The initial term of the agreement was for a twelve-month period with the option to renew annually upon mutual agreement between the City and the BoCC. The agreement has been renewed each consecutive fiscal year since the initial agreement in 2009. Under the terms of the agreement, Polk County Fleet Management (PCFM) provides: • All labor, parts and outsourced services related to routine, breakdown and/or preventative maintenance. Repairs related to accidents and/or abuse are included but are not within PCFM's basic rate structure. • Management of accident and/or abuse related repairs in coordination with COLW management personnel. • All labor, parts and outsourced services related to routine, breakdown and/or preventative maintenance. Repairs related to accidents and/or abuse are included but are not within PCFM's basic rate structure. • Management of accident and/or abuse related repairs in coordination with COLW management personnel. • Tire maintenance, replacement and/or repairs. • Service and/or breakdown support, 24 hours/day 7 days/week. • Repair and/or maintenance of allied tools, equipment and/or small engine machinery. • Maintenance reporting through the current PCFM automated Fleet Management Information System (FMIS). • Access to and service from all PCFM's network of garage facilities County wide. • Repair and/or maintenance of COLW owned generators, when requested. • Repairs to shop equipment owned by the COLW if the failed equipment was rendered inoperative due to PCFM. The Polk County Fleet Management Division provides the City with a fixed-rate fee schedule for maintenance services prior to the beginning of each fiscal year. These fees are based on historical equipment repair costs incurred by Polk County Fleet Management throughout the previous year. Prior to the agreement with Polk County Fleet Management, the City operated its own Fleet Maintenance Department. A five-year summary of the City’s total fleet maintenance costs is outlined below: Fiscal Year Actual (Pre-County Contract 2004-2009) Fiscal Year Actual (Pre-County Contract 04-09) Salaries M&R Vehicles Operating Supplies Vehicles M&R Vehicles Refurbishment Fleet Operating Budget Total 5-Year Average 126,744 153,571 33,928 3,808 49,778 367,829 Fiscal Year Actual (Post- County Contract 2016-2021) Fiscal Year Actual (Post- County Contract 18-23) Salaries M&R Fleet Contract Operating Supplies Vehicles/M&R Fleet Non- Contract (budget) M&R Vehicles Refurbishment Fleet Operating Budget Total 2018/2019 N/A 300,014 22,300 0 23,813 346,127 2019/2020 N/A 249,641 22,300 0 25,827 297,768 2020/2021 N/A 218,519 22,300 0 20,970 261,789 2021-2022 N/A 293,031 22,300 0 24,837 340,168 2022-2023 N/A 279,660 22,300 0 26,702 328,662 5-Year Average N/A 268,173 22,300 0 24,430 314,903 OTHER OPTIONS The City Commission may choose not to enter into this agreement and 1) direct staff to develop a request for proposal for fleet maintenance services or 2) direct staff to assume the responsibility of our own fleet maintenance services. FISCAL IMPACT The annual maintenance fee for FY 23/24 is $356,565. This fee is an increase of $76,905 from FY 22/23. This increase is due to Polk County had not updated their unit prices for over 2 years. In addition, the automotive parts industry has started to add freight  direct staff to develop a request for proposal for fleet maintenance services or 2) direct staff to assume the responsibility of our own fleet maintenance services. FISCAL IMPACT The annual maintenance fee for FY 23/24 is $356,565. This fee is an increase of $76,905 from FY 22/23. This increase is due to Polk County had not updated their unit prices for over 2 years. In addition, the automotive parts industry has started to add freight charges which has increased parts prices. [End Agenda Memo] 8.V. Lake Clean Up And Overgrowth Removal From Lake Cooper [Begin Agenda Memo] SYNOPSIS: Staff recommends the commission authorize the expenditure of $78,000 to S&J Aquatics Weed Removal LLC (S&J) to clean storm outfalls and overgrowth from Lake Worth also known as Lake Cooper. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Authorize the expenditure for removal of overgrowth from Lake Worth to S & J Aquatic Weed Removal, LLC for $78,000.00. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND Lake Worth, located behind the James P Austin Community Center, has not been cleared of vegetation in several years. In the past Polk County’s Parks and Natural Resources assisted the City in spraying for invasive plants to keep the overgrowth under control. Once the lake became too overgrown to access by boat Polk County could no longer assist with maintenance. Lake Worth is the receiving body for four of Lake Wales’ major outfalls. In addition to foliage clearing, the outfalls will be cleaned also. Cleaning around these outfalls will allow the City to assess the lake’s health and allow for proper maintenance in the future. Staff approached three aquatic weed removal companies to obtain quotes for the invasive plant removal: S & J Aquatic Weed Removal LLC, Applied Aquatics Management Inc., and Texas Aquatic Harvesting. Staff recommends the Commission take the following action, approve the expenditure of $78,000.00 to S&J Aquatic Weed Removal, LLC, and authorize the City Manager to execute the appropriate documents on the City’s Behalf. OTHER OPTION The commission could choose not to remove the overgrown vegetation from Lake Worth which could inhibit the City from partnering with the County for control spraying. Furthermore, the overgrowth inhibits proper maintenance of the storm outfalls. FISCAL IMPACT $125,000 was placed in the ’22-’23 capital Stormwater budget for Lake Cleaning [End Agenda Memo] 8.VI. Parks Master Planning Agreement With Catalyst Design Group [Begin Agenda Memo] SYNOPSIS: Staff is requesting commission approval of additional services with Catalyst Design Group for professional design and planning services to develop detailed master plans for seven (7) existing parks in Lake Wales  [Begin Agenda Memo] SYNOPSIS: Staff is requesting commission approval of additional services with Catalyst Design Group for professional design and planning services to develop detailed master plans for seven (7) existing parks in Lake Wales RECOMMENDATION It is recommended that City Commission take the following action(s): 1. Approve the agreement with Catalyst Design Group and the associated expenditure of $28,300.00 2. Authorize the City Manager to execute the necessary documents on behalf of the city BACKGROUND Catalyst Design Group will provide landscape architectural services to the City of Lake Wales through continuing services agreement (RFQ# 22-512). The City has previously engaged with S&ME Inc. in the creation of the Parks, Trails, and Open Spaces Master Plan. The City Commission approved the original agreement on March 21, 2023. The previously approved proposal did not include a public involvement phase and at the City’s direction, CDG is submitting this proposal and scope of work for public involvement and participation in advancing the design of the parks beyond what was reflected in the City’s parks and recreation master planning effort. Furthermore, this scope of work will integrate the ongoing “Lake Wales Envisioned” planning effort, with particular emphasis on open spaces and trails which is intended to advance Olmsted’s City in 10, 25 and 50 years. This effort will be closely coordinated with Dover Kohl and Lucy Lawliss both of which are under a separate agreement with the City. Using this as a guiding document, Catalyst Design group will provide further master planning and conceptual design services, identifying potential projects for seven (7) parks within the Lake Wales Park System. These parks include: • Lake Wailes Park • Kiwanis Park • Crystal Lake Park • Lake Wales Soccer Complex • North Lake Wales Park • Little League Sports Complex Catalyst Design group has previously provided expert landscape architectural services to the city on the Park Avenue and Marketplace Streetscape, 1st Street Streetscape, and Crystal Lake Park Trail. OTHER OPTIONS City commission may choose not to approve this additional scope of work at this time. FISCAL IMPACT The cost of these additional services is $28,300.00. [End Agenda Memo] 8.VII. Piggyback Annual Contract With USSI, LLC [Begin Agenda Memo] SYNOPSIS: Staff recommends the commission approve entering into a piggyback agreement  [End Agenda Memo] 8.VII. Piggyback Annual Contract With USSI, LLC [Begin Agenda Memo] SYNOPSIS: Staff recommends the commission approve entering into a piggyback agreement with USSI, LLC and to expend funds of $177,922.05 to perform infiltration testing on various lift stations and their respective service areas. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve entering into a piggyback agreement with USSI, LLC utilizing the Toho Water Authority agreement. 2. Approve expending funds of $177,922.05 to perform infiltration testing on various lift stations and their respective service areas. 3. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND Infiltration is the process of groundwater entering the sanitary sewer system through faulty pipes or manholes. These pipes might have cracks or leaks that let the water in. This can happen because of age, design, installation or maintenance issues or even tree root intrusion. Inflow and infiltration water is referred to as “clear water” distinguishing it from sanitary sewage water’. When clear water gets into the wastewater and sewer system, it is treated. When it is treated, it cost the city money. It also takes up valuable capacity within the collection system and the wastewater treatment facility. Several indications there is an infiltration problem within the sanitary system: • Lift station pumps run for a long time after a rain event. It has a large number of starts and stops after it rains. This means storm water has entered the sanitary sewer system and is on its way to be treated. • Pipes back-up. Manholes spill wastewater onto roadways or green space. • You see significant spikes in flow at the wastewater treatment plant corresponding to precipitation events or high groundwater conditions. Staff is starting to see some of these same indicators happening within the City sanitary sewer system. Staff recommends the Commission take the following action, approve entering into an annual contract with USSI for the services of infiltration testing using the piggyback agreement from Toho Water Authority. Staff also recommends the Commission approve to expend funds in the amount of $177,922.05 to perform infiltration testing on various lift stations and their respective service areas. OTHER OPTION The delay in testing the specified areas will continue to allow groundwater to continue to infiltrate the sanitary sewer system causing extended wear and tear on all sanitary sewer system components. FISCAL IMPACT The 2022-23 Capital Improvements Plan has budgeted $300,000 for infiltration and intrusion testing to address this problem system wide.  continue to infiltrate the sanitary sewer system causing extended wear and tear on all sanitary sewer system components. FISCAL IMPACT The 2022-23 Capital Improvements Plan has budgeted $300,000 for infiltration and intrusion testing to address this problem system wide. [End Agenda Memo] 8.VIII. Industrial Pretreatment Program Development [Begin Agenda Memo] SYNOPSIS: Kimley Horn & Associates will prepare the required Florida Department of Environmental Protection (FDEP) Industrial Pretreatment Program as a condition of the latest permit renewal for the City of Lake Wales Domestic Wastewater Facility (WWTF). RECOMMENDATION It is recommended that the Commission take the following action: 1. Approve Engineering services with Kimley Horn & Associates for $59,000.00. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND The City owns and operates a Domestic Wastewater Treatment facility that is permitted for 2.19 million gallons per day of flow. The facility is a Type 1 oxidation ditch wastewater treatment facility consisting of; headwork’s with a manual bar screen and one fine mechanical screen, one grit removal chamber, one aerated oxidation ditch equipped with a biological nutrient reduction system, two clarifiers, two automatic backwash filters, two chlorine contact chambers, two aerobic digesters and a sludge polymer feed system and screw press. This facility operates to provide secondary treatment with high-level disinfection. There is also a 2.0 million gallon storage tank for reclaimed water storage located at the rib (rapid infiltration basin) site. As a condition of the latest permit renewal, the City is required to establish an industrial pretreatment program in accordance with the Florida Guidance Manual for Pretreatment Programs (FDEP). The requested task order will include the following: Task 1 – Data Collection; Kimley-Horn will attend FDEP meeting, review records, physical data, operating data and characteristics. Task 2 – Pretreatment Sewer Use Ordinance; Kimley-Horn will review ordinance drafted by the City for compliance with FDEP rules. Task 3 – Industrial Pretreatment Program Implementation Plan; Kimley-Horn will provide draft implementation procedures, will meet up to 2 times with City staff to train staff on FDEP’s monitoring, reporting and implementation requirements and finalize implementation plan. They (Kimley Horn) will develop and recommend surcharge rate calculation for daily flows and pollutant of concern loadings above normal strength waste concentrations and will submit draft implementation plan to FDEP. Task 4 – Plan of Study and Sampling Plan; Kimley-Horn will review existing data collected and provide a WWTP process flow diagram and calculate the hydraulic detention time between influent and effluent. A sampling plan will be developed. Task 5 – Development of Local Limits; Kimley-Horn will develop a WWTF process model based on the existing conditions. A summary of the local limits evaluation and headwork’s analysis will be provided. Findings will be presented for review and revisions will be made. Final findings letter, final pretreatment use ordinance, attorney / solicitation statement meeting requirements of the rule and Supervisory / Funding endorsement in accordance with FDEP will be submitted for review to FDEP. Task 6 – Pretreatment Program Final Submission to FDEP Kimley-Horn will submit a request for pretreatment program approval, including a copy of pretreatment program document for review by the general public, to the Department as required by the FDEP rule.  Funding endorsement in accordance with FDEP will be submitted for review to FDEP. Task 6 – Pretreatment Program Final Submission to FDEP Kimley-Horn will submit a request for pretreatment program approval, including a copy of pretreatment program document for review by the general public, to the Department as required by the FDEP rule. Staff recommends the Commission take the following action, approve entering into a contract with Kimley-Horn & Associates, Inc. to prepare the Industrial Pretreatment Program Development, on the City’s behalf. OTHER OPTIONS None. It is a requirement of the City’s Domestic Wastewater Treatment Facility Permit issuance to implement an industrial pretreatment program. FISCAL IMPACT The 2022-23 Utilities Operating Budget for Permitting. [End Agenda Memo] 9. OLD BUSINESS 10. NEW BUSINESS 10.I. ORDINANCE 2023-25 - Amendment To Chapter 23, Public Facilities Impact Fees – 1st Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: The main purpose of this ordinance is to add an Economic Development Impact Fee Mitigation program. It also amends the developer contribution credit, adds definitions, and fixes some bad references. Publication requirements have been met. RECOMMENDATION Staff recommends City Commission approve after first reading Ordinance 2023-25, an ordinance to amend Chapter 23, Article VII, Division 4, “Public Facilities Impact Fees”. BACKGROUND In order to attract Qualified Target Industry businesses to the City of Lake Wales, city staff drafted the attached ordinance. The ordinance was reviewed by city attorney Chuck Galloway, special counsel Thomas Cloud, and the staff at the Central Florida Development Council. There are two main economic development components to this ordinance: Program A. Qualified Target Industry High Wage Job Creation; and Program B. Inventory Development. This is selective process and requires those seeking such an impact fee mitigation must submit an application that is reviewed by the Economic Development Council and city staff. The ordinance also updates the developer credit section to authorize impact fee credit to certain developments effected by Resolution 2023-02, aka “planning in progress”. Other updates include fixing outdated references and adding new definitions. FISCAL IMPACT Up to 50% of certain impact fees per Economic Development program or developer project. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-25 by title only. ORDINANCE 2023-25 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA; AMENDING THE CODE OF  Jennifer Nanek, City Clerk, read ORDINANCE 2023-25 by title only. ORDINANCE 2023-25 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA; AMENDING THE CODE OF ORDINANCES OF THE CITY OF LAKE WALES, FLORIDA; PROVIDING RECITALS CONSTITUTING LEGISLATIVE FINDINGS AND INTENT; AMENDING CHAPTER 23, ARTICLE VII, DIVISION 4, “PUBLIC FACILITIES IMPACT FEES”; AMENDING SECTION 23-761 RELATING TO DEFINITIONS; AMENDING SECTION 23-762 RELATING TO FINDINGS AND INTENT; AMENDING SECTION 23-767 RELATING TO EXEMPTIONS; AMENDING SECTION 23-770 RELATING TO DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to approve ORDINANCE 2023-25 after 1st reading and public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 10.II. Preliminary Subdivision Plat Approval / Special Exception Use Permit Approval For A Residential Planned Development Project (PDP) [Begin Agenda Memo] SYNOPSIS: Charles Brooker, P.E., authorized agent for owner, is requesting approval of City Commission, for a 64-unit Preliminary Subdivision Plat and a Special Exception Use Permit for a Residential PDP on approximately 9 acres of land south of Burns Avenue, east of Wales Drive North, and north of Hillside Avenue. RECOMMENDATION Staff recommends approval from City Commission for a 64-unit Preliminary Subdivision Plat and Special Exception Use Permit for a Residential PDP, with revised waivers of strict compliance and conditions of approval, as recommended by the Planning & Zoning Board at a regular meeting on June 27, 2023. BACKGROUND Lake Wales Estates PDP – General: The subject property, comprising of approximately 9 acres of vacant land, is located south of Burns Avenue and north of Hillside Avenue. The project is situated at the end of 7th Street North, just south of the Church of God by Faith, and southeast from the Quails Bluff apartments. The property has access off of 7th Street North, and is infill in nature with existing residential BACKGROUND Lake Wales Estates PDP – General: The subject property, comprising of approximately 9 acres of vacant land, is located south of Burns Avenue and north of Hillside Avenue. The project is situated at the end of 7th Street North, just south of the Church of God by Faith, and southeast from the Quails Bluff apartments. The property has access off of 7th Street North, and is infill in nature with existing residential surrounding the property. The property has a land use designation of Low Density Residential (LDR) which allows for 5 units per acre; however, a change in our comprehensive plan through the “right-sizing” of the map project in 2022 provides for property owners to keep their entitlement of Medium Density Residential MDR for 20 years from adoption of the map amendment. This allowed the property a density of 12 units per acre, giving them a maximum of 101 units; they are proposing 64 units for a density of 6.78 units per acre. The zoning designation for this property is R-1B; proposed is 57 townhome units and single- family lots. The site has significant slope creating a vista towards the southwest. The proposed residential subdivision is designed as a Planned Development Project (PDP), including requested Waivers of Strict Compliance. Waivers are being requested for most R-1B standards. R-1B Standards per Table 23-422 Minimum Lot Size – 9,000 sq. ft. Minimum Street Frontage – 50 feet Minimum Lot Width at Building Line – 75 feet Minimum Living Area – 1,500 sq. ft. Front Building Setback – 30 feet Side Building Setback – 10 feet Rear Building Setback – 20 feet Maximum Lot Coverage – 40% Proposed 60’ Wide Lots Minimum Lot Size – 6,000 sq. ft. Minimum Street Frontage – 60 feet Minimum Lot Width at Building Line – 60 feet Minimum Living Area – 1,600 sq. ft. Front Building Setback – 25 feet Side Building Setback – 5 feet Rear Building Setback – 15 feet Maximum Lot Coverage – 75% Side Building Setback – 5 feet Rear Building Setback – 15 feet Maximum Lot Coverage – 75% Proposed Townhome Standards Minimum Lot Size – 1,600 sq. ft. Minimum Street Frontage – 20 feet Minimum Lot Width at Building Line – 20 feet Minimum Floor Area – 1,100 sq. ft. Front Building Setback – 25 feet Side Building Setback –5 feet Rear Building Setback – 15 feet Maximum Lot Coverage – 75% Roadways & Access: The development has one access off of 7th Street North and all units are alley-loaded. The project proposes 6 visitor parking spaces as required by code. Preliminary trip counts anticipate 386 daily trips and a peak hour trip count of 37 trips. Improvements shall be made to 7th Street North from the project’s entrance to Hillside Avenue for adequate access, as included in the conditions of approval. Landscaping and Buffering: General A detailed landscape plan and plant schedule will be required at Site Development Plan submittal, and will be reviewed and approved by Staff. The following landscaping regulations shall be applied: - Residential tree density requirements will be enforced at building permit issuance, pursuant to section 23-307.2.a.3: a minimum of three, two-inch caliper shade trees, minimum of eight feet at planting for lots less than 10,000 sq. ft. and four, two-inch caliper shade trees, minimum of eight feet at planting for lots greater than 10,000 sq. ft. At least one of the shade trees shall be a street tree. Corner lots shall have a minimum of one additional tree to ensure that each frontage has at least one street tree. NOTE: Street Trees are required to have root barriers. Root barriers shall be approved by the Administrative Official prior to planting. - Drainage retention areas shall be landscaped per Section 23-307.4: Buffers shall be planted at minimum of 5 shade trees per 300 linear feet. - Recreation areas shall be landscaped per Section 23-310(d): A minimum of two (2) shade trees per recreation area or a minimum of five (5) shade trees per acre, whichever is greater, shall be provided in recreation areas. The land development regulation only calls for a five-foot wide separation strip with a hedge when a non-residential use is adjacent to a residential district. Since all surrounding properties are zoned residential, there are no buffers proposed for this neighborhood. Recreation & Open Space: The neighborhood provides centrally located park areas for residents to enjoy, and a large open space area located on the westernmost portion of the subdivision. A full amenity package will be required at site development submittal. district. Since all surrounding properties are zoned residential, there are no buffers proposed for this neighborhood. Recreation & Open Space: The neighborhood provides centrally located park areas for residents to enjoy, and a large open space area located on the westernmost portion of the subdivision. A full amenity package will be required at site development submittal. Recreation Required: .24 acres Recreation Provided: .55 acres More than 40% of the overall 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-1B zoning district, with revisions recommended by the Planning & Zoning Board to allow maximum lot coverage at 75% for townhomes, but single-family lots conditioned to 60% maximum lot coverage, and approval of an additional waiver to reduce minimum throat depth for better site circulation at the entrance: Planned Development Project Waivers 1. Waiver to eliminate minimum entrance throat depth of 150 feet. 2. Minimum front setback reduced from the required 30 feet to 25 feet. 3. Minimum side setback reduced from the required 10 feet to 5 feet. 4. Minimum rear setback reduced from the required 20 feet to 15 feet. 5. Minimum functional corner-side setback reduced from the required 30 feet to 15 feet. 60’ Wide Single-Family Lots 1. Minimum lot size reduced from the required 9,000 sq. ft. to 6,000 sq. ft. 2. Minimum lot width at building line reduced from the required 75 feet to 60 feet. 3. Maximum lot coverage increased from the maximum 40% to 60%. Townhomes 1. Minimum lot size reduced from the required 9,000 sq. ft. to 1,600 sq. ft. 2. Minimum street frontage reduced from 50 feet to 20 feet. 3. Minimum lot width at building line reduced from the required 75 feet to 20 feet. 4. Maximum lot coverage increased from the maximum 40% to 75%. Land Development Code | Division 4: Planned Development Project Regulations: - The PDP process is intended to promote high quality site design - The process allows flexibility in project layout and relief from standard subdivision grids in Land Development Code | Division 4: Planned Development Project Regulations: - The PDP process is intended to promote high quality site design - The process allows flexibility in project layout and relief from standard subdivision grids in order to preserve natural features of the land, maximize common open space and landscaping, and create vital neighborhoods - Creativity in housing types and site layout are encouraged - a PDP shall be approved only if the proposed plan demonstrates that the product will be superior to that of a standard subdivision - The PDP process is not intended to circumvent the regulations for residential development, but to allow creativity and variety - Deviation from the provisions of this chapter concerning lot size, setbacks, roadway design, and other requirements will be granted only if the proposed alternative allows for a superior project layout, provides enhanced open space and preservation of natural features, does not subvert the intent of this chapter, and does not compromise public safety. Planning in Progress Aspirations: The applicant submitted a concept plan to the city in December of 2022, prior to the Planning in Progress resolution, and submitted for a pre- application with the City in January of 2023. This project went through multiple revisions, and conformed to many of the design elements provided by the illustrative peer review design prepared by Plusurbia, attached. 1. We will seek to assemble an enduring green network of open spaces and conservation lands; The project provides open space area in excess of the minimum code requirement, including connected green space. 2. We will partner with landowners, investors, and the community to encourage input, collaboration, and respect property rights; The developer has willingly worked with City Staff to improve the site design in order to better align with the aspirations. 3. We will make infill development and revitalization a priority; The project is considered infill development. 4. We will emphasize economic prosperity by increasing property values through quality development; The alley-loaded, centralized green space, and mix of housing types, and the internal pedestrian network enhances the quality and creativity of the neighborhood. 5. We will facilitate employment opportunities by supporting a mix of land uses and industries; The project is adjacent to non-residential to the north, single-family residential to the east and south, and multi-family to the west. The project does not directly contribute to a mix of industries. 6. We will seek to make traditional neighborhoods with walkable, connected streets that create a high-quality public realm the norm; Rear-loaded townhomes oriented towards the centralized green areas promotes comfortable walkability and allows for more of a traditional neighborhood feel. The western perimeter single-family lots are oriented towards the pond and open space, and abut a tree-lined pedestrian walking path. The western townhomes were originally proposed as single-family detached homes facing the backs of the alley-loaded 6. We will seek to make traditional neighborhoods with walkable, connected streets that create a high-quality public realm the norm; Rear-loaded townhomes oriented towards the centralized green areas promotes comfortable walkability and allows for more of a traditional neighborhood feel. The western perimeter single-family lots are oriented towards the pond and open space, and abut a tree-lined pedestrian walking path. The western townhomes were originally proposed as single-family detached homes facing the backs of the alley-loaded townhomes; however, the Planning and Zoning Board advanced Planning Staff’ recommended Condition of Approval to redesign this area of the site prior to City Commission hearing. The applicant eliminated the lots and provided two more townhome buildings, each sharing an alley and facing towards green space with tree-lines pedestrian paths. 7. We will discourage conventional urban sprawl as defined in Florida Statutes Chapter 163; and The development is infill, near the historic core of the City, and will connect to existing municipal services. 8. We will grow a livable transportation network by implementing the Lake Wales Mobility Plan and including context-sensitive Complete Streets. The neighborhood is designed with walkable, complete streets including an internal pedestrian network, and connects to and improves existing 7th Street. Staff Findings 1. The use is compatible with the intentions of Policy I.1.2.12 Low 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. 4. Internal and external sidewalk system promotes walkability and bike-ability. 5. The development provides a mixture of housing types. 6. This infill development may increase property values for the surrounding area. Recommended Conditions of Approval 7. Staff recommends the following conditions of approval: a. Housing shall adhere to the City’s anti-monotony standards. b. A Detailed Landscape Plan is required at Site Development Plan Submittal and will be reviewed and approved by Staff. c. Decorative, dark sky friendly street lighting to minimize glare and reduce light pollution. Street lighting design to be approved by the City, and maintained by the HOA. d. Mechanical equipment shall be located at the rear of the home and not permitted within side yards for all lots in the development. e. 7th Street North shall be Improved from Hillside Drive to the project’s entrance for adequate access. d. Mechanical equipment shall be located at the rear of the home and not permitted within side yards for all lots in the development. e. 7th Street North shall be Improved from Hillside Drive to the project’s entrance for adequate access. f. The traffic study must be approved by the Administrative Official prior to issuance of Site Development Permit. g. The developer must enter into a developer’s agreement, capacity queue agreement, and/or utilities agreement, at the administrative official’s discretion. h. The following plan revisions shall be amended prior to the City Commission meeting: i. Under Site Characteristics, the proposed zoning is not PDP – the zoning remains as R-1B as a PDP is a Special Exception Use Permit. ii. Under Site Characteristics with the subcategory Development Statistics, required open space and provided open space is different from the open space area requirements listed at the bottom of Site Characteristics. iii. Under the recreation area calculation, mini-parks is missing from the equation. Please add mini-park calculation unless asking for a waiver to eliminate the mini-park requirement. iv. Please list all requested waivers on the plans. v. List minimum living areas in square feet. vi. Where there are building details, please include typical lot layouts for the townhomes and the single-family homes, including proposed setbacks. vii. Assurances shall be listed on the plans and individual tracts with acreages shall be shown. viii. Amenities shall be shown on the plans. 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 $12.8 million in taxable value, and generate a little over $81,000 in ad valorem taxes. *Adjusted values for potential homesteaded properties have not been factored into this estimate. [End Agenda Memo] OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Deputy Mayor Gibson said he was pleased with the traditional neighborhood design and the cooperation from the developer. Commissioner Williams made a motion to approve this item. Commissioner Krueger seconded the motion.  Deputy Mayor Gibson said he was pleased with the traditional neighborhood design and the cooperation from the developer. Commissioner Williams made a motion to approve this item. Commissioner Krueger seconded the motion. by roll call vote: Commissioner Williams "YES" Commissioner Krueger "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 11. CITY ATTORNEY Albert Galloway, Jr. City Attorney, reported that two more foreclosed properties will soon be transferred to the CRA. 12. CITY MANAGER James Slaton, City Manager, said the Commission has been given their draft budgets for review. There will be a budget workshop as part of the August 9th Work Session. 12.I. Commission Meeting Calendar James Slaton, City Manager, said there is a CRA meeting Tuesday and Commission Work Session on Wednesday both at 2:00 p.m. 13. CITY COMMISSION COMMENTS Commissioner Krueger commented on the ribbon cutting for the BizLinc incubator earlier in the day. This will be good for Lake Wales. Commissioner Krueger shared additional item on United Nations Agenda Item 21. Commissioner Thompson reported that he attended the Polk Regional Water Cooperative Meeting. The City of Lake Wales was granted permission to go its own way to pursue its own alternative water supply. He looks forward to seeing this project go forward. Deputy Mayor Gibson shared ways in which Lake Wales is unique and distinctive. He spoke about the possibility of green corridors in Lake Wales but said property owners rights need to be addressed fairly. Development needs to be unique and distinctive. He said we need an economic development strategy consistent with our values. 14. MAYOR COMMENTS Mayor Hilligoss said the BizLinc incubator ribbon cutting was a lot of fun to be a part of. Great day for our City. He encouraged people to drive by and see it. 15. ADJOURNMENT  Mayor Hilligoss said the BizLinc incubator ribbon cutting was a lot of fun to be a part of. Great day for our City. He encouraged people to drive by and see it. 15. ADJOURNMENT The meeting was adjourned at 6:30 p.m. ____________________ Mayor ATTEST: ___________________ City Clerk