City Commission Regular Meeting

City Commission Meeting Minutes December 5, 2023 (APPROVED) 12/5/2023 - Minutes 1. INVOCATION Rev. Herb Schlenker gave the invocation. 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER Mayor Hilligoss called the meeting to order at approximately 6:00 p.m. after the invocation and the pledge of allegiance. 4. ROLL CALL Commission Members Present: Keith Thompson, Danny Krueger, Mayor Jack Hilligoss, Daniel Williams, Robin Gibson Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney 5. COMMENTS AND PETITIONS Howard Davies, resident, spoke on traffic concerns during the Martin Luther King Jr. celebration. Many drive on his yard and driveway. He asked the City to deny street parking from Wiltshire to Lincoln Ave on C Street. Mayor Hilligoss said staff can look into this. Catherine Price, resident, said that the Commission should not be concerned about developers. They should be concerned about residents. We should see what developers can do for us. 6. CONSENT AGENDA Deputy Mayor Gibson asked to pull Item 7.2, Ridgecrest Developer's Agreement to discuss the width of the trail. Deputy Mayor Gibson made a motion to approve the Consent Agenda except Item 7.2. Commissioner Krueger seconded the motion. by voice vote: Deputy Mayor Gibson "YES" Commissioner Krueger "YES"  by voice vote: Deputy Mayor Gibson "YES" Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 6.I. Minutes - November 21 & 29, 2023 6.II. Ridgecrest Developer’s Agreement – Roads And Trails [Begin Agenda Memo] SYNOPSIS: Ridgecrest is an approved 1,020 single-family and townhome PDP located on approximately 312.7 acres of land south of Russel Avenue West, west of 1st. Street South, north of Hunt Brothers Road, and east of US Highway 27. RECOMMENDATION Staff Recommends: 1. Approval of the Ridgecrest Developer Agreement 2. Authorize the Mayor to execute all necessary documents BACKGROUND The Ridgecrest Planned Development Project (PDP) for a total of 1,020 units (SF and TH), was approved with conditions at the July 5, 2022 City Commission meeting. One of those conditions, per the Development Services letter to Hunter Engineering, dated July 5, 2022, is to enter into a developer’s agreement for improvements, including but not limited to the construction of Ray Martin Road to Scenic Highway and participation in the design and construction of an 8’-10’ wide city trail along 1st Street South, prior to issuance of the Site Development Permit. The developer’s agreement shall provide the reference offsite public infrastructure improvements to be completed simultaneous with the onsite infrastructure improvements, and will provide for the appropriate allocation of costs with the dedication of any right-of-way and/or easements as necessary. This agreement lays out the stipulations for any city reimbursement of developer costs associated with such improvements. OTHER OPTIONS Not enter into the Developers Agreement Direct staff to make changes FISCAL IMPACT Any monetary contributions the city would reimburse would be collected as impact fees for recreation and multimodal at time of building permit issuance. [End Agenda Memo] James Slaton, City Manager, reviewed this. Deputy Mayor Gibson asked that the trail width to be 12 foot. Mr. Slaton said that change is fine, it would be ideal and would be okay with the developer. Deputy Mayor Gibson made a motion for approval of the agreement as amended. Commissioner Krueger seconded the motion. by roll call vote: Deputy Mayor Gibson "YES" Commissioner Krueger "YES"  by roll call vote: Deputy Mayor Gibson "YES" Commissioner Krueger "YES" Commissioner Thompson "YES" Commissioner Williams "YES" Mayor Hilligoss "YES" Motion approved 5-0. 6.III. Special Event Permit Application - Winter Feast Unity In The Community Classy Car Show Rain Date On December 23, 2023. [Begin Agenda Memo] SYNOPSIS: Approval of this Special Event Application will allow the Guiding Light Ministries to host a Car Show on December 23, on Central Avenue. RECOMMENDATION Staff recommends that the City Commission consider taking the following action: 1. Approve the Special Event Permit Application for the Unity in the Community Classy Car Show to take place on Central Avenue on Saturday December 23 from 9:00 a.m. – 3:00 p.m. 2. Approve the request to close Central Avenue from 7:00 a.m. – 3:00 p.m. on Saturday December 23 from First Street to Wetmore Street. BACKGROUND Guiding Light Ministries has submitted a special event application to host a Car show on December 23, 2023 on Central Avenue between 1st Street and Wetmore Street from 9:00 a.m. – 3:00 p.m. This event will include food and other vendors. The sponsor has requested authorization to close the road at 7:00 a.m. This is a rain date for the approved event on the 16th. OTHER OPTIONS Do not approve the event FISCAL IMPACT No In-kind services were budgeted for this event. Costs will be paid at 100% by the sponsor. [End Agenda Memo] 6.IV. Dr. Martin Luther King Jr. Celebration 2024 Special Event Permit Application And Temporary Road Closings [Begin Agenda Memo] SYNOPSIS: Approval of the special event permit application will allow the Annual Dr. Martin Luther King Jr. Celebration to take place between Thursday, January 11, 2024 and Monday, January 15, 2024 and allow the temporary street closings for the parade on January 15, 2024. RECOMMENDATION: It is recommended that the City Commission consider taking the following action: Luther King Jr. Celebration to take place between Thursday, January 11, 2024 and Monday, January 15, 2024 and allow the temporary street closings for the parade on January 15, 2024. RECOMMENDATION: It is recommended that the City Commission consider taking the following action: • Approve the special event permit application for the Dr. Martin Luther King Jr. Celebration to be held between Thursday January 11, 2024 and Monday, January 15, 2024. • Approve the temporary street closings for the Dr. Martin Luther King Jr. Celebration and Parade to be held Monday, January 15, 2024. The parade will begin at 3:30 p.m. The time frame requested for the street closings for the parade is from 2:30 p.m. to 5:00 p.m. and for after parade activities on Lincoln Avenue from approximately 4:30 p.m. to 8:00 p.m. The streets involved will be Dr. Martin Luther King Jr. Boulevard, Dr. J.A. Wiltshire Avenue, E Street, Lincoln Avenue, A Street, First Street and Orange Avenue. • Approve the temporary closing of the city parking lots on Lincoln Avenue for vendors and/or parking. • Approve the request for the use of the James P. Austin Community Center at no cost on the following dates: Thursday, January 11, 2024 for the International Pot Luck Dinner, Friday, January 12, 2024 for the Oratorical Contest and Talent Show, Monday, January 15, 2024 for the Legacy Breakfast and MLK Program prior to the parade. BACKGROUND: Mr. Narvell Peterson, President of the Dr. Martin Luther King Jr. Scholarship Fund of Lake Wales Inc. submitted a Special Event Permit application for the Annual Dr. Martin Luther King Jr. Celebration and Parade to take place beginning on Thursday January 12, 2023 and ending on January 16, 2023. The celebration will include the following activities: Thursday, January 11, 2024 6pm – International Pot Luck Dinner at the Austin Center Friday, January 12, 2024 6:30pm – Oratorical Contest at the Austin Center Saturday, January 13, 2024 9am – Unity Walk from Kiwanis Park to Stuart Park Monday, January 15, 2024 - Legacy Breakfast, MLK Program – Austin Center Monday, January 15, 2024 – MLK Parade, Pre-parade & after parade activities on Lincoln Avenue The special event permit application includes a request for the temporary closing of the following streets on Monday, January 15, 2024 for the Parade: Parade will line up at the Austin Center by 2:30 p.m. and will begin at 3:30 p.m. on Dr. Martin Luther King Jr. Boulevard, travel north to Dr. J.A. Wiltshire Avenue, turning left and continuing to E Street, turning right on E Street and continuing to Lincoln Avenue, traveling on Lincoln Avenue to A Street, turning right on A Street and continuing to Dr. J.A. Wiltshire Avenue. The parade will then turn left and continue to First Street and continuing on First Street until Park Avenue, turning west on Orange Avenue continuing until Dr. Martin Luther King Jr. Boulevard. At this point the parade will turn right on Dr. Martin Luther King Jr. Boulevard and continue to the Austin Center where the parade ends. After the parade the celebration will continue with food and craft vendors, music and entertainment along Lincoln Avenue and in the city parking lots along Lincoln Avenue. The activities are to conclude at approximately 8:00 p.m. The Dr. Martin Luther King Jr. Committee will be responsible for requiring the vendors to close promptly at 8:00 p.m. The committee will  the Austin Center where the parade ends. After the parade the celebration will continue with food and craft vendors, music and entertainment along Lincoln Avenue and in the city parking lots along Lincoln Avenue. The activities are to conclude at approximately 8:00 p.m. The Dr. Martin Luther King Jr. Committee will be responsible for requiring the vendors to close promptly at 8:00 p.m. The committee will also be responsible for site set up, sanitary facilities and assisting with clean up after the event concludes. The Lake Wales Police Department and VOICE will be assisting with pedestrian traffic and vehicular traffic control for the parade, prior to the parade and for after parade activities. New this year is a request to help prohibit pets from entering the festival area. The Police Department has agreed to assist with this request. The Streets Division will be assisting with the street closings, setting out trash containers, trash clean up during the parade and the normal trash clean up on Tuesday. OTHER OPTIONS: Do not approve this event and road closings. FISCAL IMPACT: In-kind services for the City were budgeted for FY23/24 in the amount of $6,560. The MLK Scholarship Fund of Lake Wales Inc. is responsible for 25% or $1,640. The fees for the James P. Austin Community Center would be waived providing that the City Commission approves this request. [End Agenda Memo] 6.V. Leighton Landing – Final Plat [Begin Agenda Memo] SYNOPSIS: Heritage Investments of Polk II, LLC., owner, requests approval of the Leighton Landing Final Plat. RECOMMENDATION Staff recommends approval of the Final Plat. Neither a recommendation from the Planning Board, nor a public hearing is necessary for approval of a final plat. Provided the plat meets all of the requirements of state statutes and local ordinances, approval by the City Commission is a formality. BACKGROUND The subject property is located west of Buck Moore Road and north of Sunset Drive. The Leighton Landing Subdivision, formerly known as Buckmoore Development, received a recommendation of approval in April of 2021 by the Planning and Zoning Board for a 46- lot single-family Preliminary Subdivision Plat. City Commission approved this Preliminary Subdivision Plat in May of 2021. An application for the Site Development Permit was submitted to the City in July of 2021, and construction plans were approved in July of 2022. The pre- construction meeting was held in July of 2022. The City’s consulting surveyor approved the Leighton Landing final plat in September 2023 and the project received utility clearance for water in October 2023 and the site will have septic tanks so a sewer clearance was not necessary. Pursuant to Section 23-2223.4 of the City’s Land Development Code, the developer is providing a performance bond in lieu of constructing certain improvements, as allowed by code. The performance bond language was reviewed and approved to for by the City Attorney on November 8, 2023. FISCAL IMPACT Approval of the final plat enables the construction of 46 new single-family homes. Conservatively estimating a taxable value of $200,000 per unit, it could potentially result in over $9.2 million in taxable value, and generate an estimated $65,500 in ad valorem taxes.  City Attorney on November 8, 2023. FISCAL IMPACT Approval of the final plat enables the construction of 46 new single-family homes. Conservatively estimating a taxable value of $200,000 per unit, it could potentially result in over $9.2 million in taxable value, and generate an estimated $65,500 in ad valorem taxes. *Adjusted values for potential homesteaded properties have not been factored into this estimate. [End Agenda Memo] 6.VI. Northern Service Area Force Main Cleaning [Begin Agenda Memo] SYNOPSIS: Staff is recommending the approval to expend funds for $78,729.72 for the force main cleaning services provided by Professional Piping Services. STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following action: 1. Approve the expenditure of funds for $78,729.72 for force main cleaning performed by Professional Piping Inc. BACKGROUND The Eagle Ridge Mall Force Main, which includes Chalet Suzanne, Dinner Lake, Lake Ashton and Harding Avenue, requires cleaning due to the distance this line has to travel to reach the wastewater treatment plant and the low flow conditions that exist during non- peak hours. Sediment such as sand, plastics, grease and paper tend to settle to the bottom of the pipe due to the low velocities of the liquid pushing the sediment. As a result, the force main could clog, crippling the collections system for the Northern service area. The method proposed for the cleaning of these sections of force main is called the progressive poly pig procedure. Each time staff has gone out to bid for theses services, the amount of responsive bidders has been less each year. A piggyback agreement that had already been bided out by Manatee County is in force. In addition, Professional Piping Services (PPS) has performed this cleaning for the past several years. Staff has been satisfied with both the performance and the reports submitted, which are a required component of this contract. Staff is recommending the City Commission approve the expenditure of funds for $78,729.72 to Professional Pipping Inc. for the cleaning of the Eagle Ridge Mall area Force Main which include Chalet Suzanne, Dinner Lake, Lake Ashton and Harding Avenue. OTHER OPTION None. Without this required annual cleaning, the force main would become plugged and become inoperable. This in turn would cut off the sewer service for the business and residential service area. FISCAL IMPACT $200,000.00 is budgeted in the Wastewater Division’s FY ’23-‘24 M & R Lines and Mains Operating Budget for this purpose. [End Agenda Memo] 6.VII. Award Of Bid To American Tank Maintenance For The Elevated Tank Maintenance [Begin Agenda Memo]  [End Agenda Memo] 6.VII. Award Of Bid To American Tank Maintenance For The Elevated Tank Maintenance [Begin Agenda Memo] SYNOPSIS: Staff is seeking commission approval of the annual agreement with American Tank Maintenance for maintenance of the City’s four elevated storage tanks. RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the agreement with American Tank Maintenance for maintenance of the City’s four elevated storage tanks. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND In August 2003, the Florida Department of Environmental Protection instituted more stringent regulations regarding the maintenance of water storage tanks. These regulations require annual inspections of the tanks to insure protection of the water source from contamination and identify any structural problems that may need repair. The regulations also require that, at least once every five years, the tanks to be cleaned on the inside and outside and that all work on the tanks is performed by a contractor under the responsible charge of a professional engineer licensed by the State of Florida. Staff made a request for bid for elevated tank maintenance, with a bid open date of October 11, 2023. There were six bidders, American Tank Maintenance, Tank Rehab LLC, Razor Back LLC, Quick Painting Group, Utility Service Co Inc., and Southern Road and Bridge, with American Tank Maintenance being the most responsive bidder at $562,515.00. Therefore, staff recommends the commission approve the following action to award the bid for American Tank Maintenance. The initial contract terms as stated in the attached agreement calls for the initial contract period to begin on December 5, 2023 and expire on September 30, 2028, if approved by the Commission. This agreements first term will renew after five years on October 1, 2028 and allow for up to two (2) additional one (1) year periods. OTHER OPTION None. This is a required service by the Department of Environmental Protection. FISCAL IMPACT $200,000.00 has been placed in the Water Division M&R Storage Tanks budget for fiscal year 23’-24’. The bid amount is a total for a seven year period. [End Agenda Memo] 7. OLD BUSINESS 7.I. ORDINANCE 2023-19 Annexation – 2nd Reading And Public Hearing 52.94 Acres Of Land South Of Mountain Lake Cutoff Road And West Of US Highway 27 [Begin Agenda Memo] SYNOPSIS: Ordinance 2023-19 proposes the voluntary annexation of approximately 52.94 acres of land south of Mountain Lake Cutoff Road and west of US Highway 27, and contiguous to the incorporated City limits. RECOMMENDATION Staff recommends adoption after second reading of Ordinance 2023-19 following a public hearing. A recommendation from the Planning and Zoning Board is not acres of land south of Mountain Lake Cutoff Road and west of US Highway 27, and contiguous to the incorporated City limits. RECOMMENDATION Staff recommends adoption after second reading of Ordinance 2023-19 following a public hearing. A recommendation from the Planning and Zoning Board is not required for an annexation ordinance. BACKGROUND Winterlake PH LP, owner, petitioned annexation into the corporate city limits of Lake Wales on June 15, 2023. “Attachment A” to the ordinance shows the property’s location. It is contiguous to the City Limits along its eastern-most boundary. City Commission approved Ordinance 2023-19 following a public hearing at first reading on September 19, 2023. OTHER OPTIONS Decline to annex the property. FISCAL IMPACT The annexation will allow for the development of single-family homes and add to the City’s tax roll. The properties are valued at a total of $634,513 which would bring in additional property taxes. Anticipating approximately 224 single-family residential homes, estimating at an average of $200,000 in taxable value per unit, could potentially result in approximately $44.8 million in taxable value, and generate over $319,000 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 2023-19 by title only. ORDINANCE 2023-19 (Annexation – 52.94 acres of land south of Mountain Lake Cutoff Road and west of US Highway 27) Parcel ID: 272933-000000-013000 & 272933-000000- 011040 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 52.94 ACRES OF LAND SOUTH OF MOUNTAIN LAKE CUTOFF ROAD AND WEST OF US HIGHWAY 27, AND CONTIGUOUS TO THE INCORPORATED TERRITORY OF THE CITY OF LAKE WALES, SHOWN ON ATTACHMENT “A” AND SPECIFICALLY DESCRIBED HEREIN; GIVING THE CITY OF LAKE WALES JURISDICTION OVER THE LAND ANNEXED; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to adopt ORDINANCE 2023-19 after 2nd Reading and Public Hearing. Commissioner Williams seconded the motion. by Roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES"  Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 7.II. ORDINANCE 2023-30 Large Scale Future Land Use Amendment For 52.94 Acres Of Land South Of Mountain Lake Cutoff Road And West Of US Hwy 27, 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Shelton T. Rice, P.A., authorized agent for owner, requests approval of City Commission to amend the Future Land Use Map of the Comprehensive Plan on parcels of land totaling approximately 52.94 acres. RECOMMENDATION Staff recommends adoption at second reading, following a public hearing to re-assign the following land use designation, as recommended by the Planning and Zoning Board at a regular meeting on August 22, 2023: Current Land Use: Polk County Agriculture/Rural Residential (A/RR) Proposed Land Use: City of Lake Wales Low Density Residential (LDR) The City Commission approved the first reading of Ordinance 2023-30, following a public hearing, on September 19, 2023. BACKGROUND The subject property is located south of Mountain Lake Cutoff Road and west of US Highway 27, west of the Harper Estates subdivision. The applicant has requested for the annexation, land use, and zoning amendments to be read concurrently, with the contemplation of a Residential PDP. The applicant requests approval to amend the land use designation from County A/RR to City Low Density Residential, contingent upon approval of the annexation. The property is contiguous to city limits on its eastern border, adjacent to Harper Estates Subdivision. The request for LDR & R-1B is similar of that to Harper Estates whom requested LDR & R-1D. The Winter Haven Corp Master Development is also located north of the project site, emphasizing residential growth in the area. Comprehensive Plan: LDR Policy I.1.2.12 The primary function of the Low Density Residential (LDR) classification is to provide areas for housing, primarily single-family, with an overall density of 5 or fewer dwelling units per acre. The LDR classification is intended to preserve the character of existing single-family residential areas with large lots and to allow the continued development of these areas. It is also intended for classification of vacant parcels, particularly newly annexed lands on the periphery of the City. Location criteria: LDR is appropriate for vacant lands a half mile or more from arterial roadways and CACs-Community Activity Centers and RACs-Regional Activity Centers. Existing residential areas with a density of 3 or fewer units per acre on average should also be assigned the LDR designation. particularly newly annexed lands on the periphery of the City. Location criteria: LDR is appropriate for vacant lands a half mile or more from arterial roadways and CACs-Community Activity Centers and RACs-Regional Activity Centers. Existing residential areas with a density of 3 or fewer units per acre on average should also be assigned the LDR designation. Typical uses: Housing up to 5 units per acre. Single-family houses. Two- and three-family units, multi-family units may be allowed depending on compatibility with adjoining residential areas, the development suitability of the site, and the availability of public facilities and services. Uses that are customarily found in residential neighborhoods and compatible with residential development, such as religious, educational, public facility uses, and assisted living facilities with a maximum FAR of .25. Clustering of housing units is encouraged to preserve open space and natural resources. CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns future Land Use designations by ordinances upon a recommendation from the Planning & Zoning Board. The proposed 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 Approval will allow for the development of single-family homes and add to the City’s tax roll. The properties are valued at a total of $634,513 which would bring in additional property taxes. Anticipating approximately 224 single-family residential homes, estimating at an average of $200,000 in taxable value per unit, could potentially result in approximately $44.8 million in taxable value, and generate over $319,000 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 2023-30 by title only. ORDINANCE 2023-30 (Large-Scale CPA/Future Land Use Map Amendment for approximately 52.94 acres of land south of Mountain Lake Cutoff Road and west of US Highway 27.) 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 52.94 ACRES OF LAND SOUTH OF MOUNTAIN LAKE CUTOFF ROAD AND WEST OF US HIGHWAY 27, FROM COUNTY DESIGNATION A/RR TO CITY OF LAKE WALES DESIGNATION LOW DENSITY RESIDENTIAL LDR; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to adopt ORDINANCE 2023-30 after 2nd Reading and Public Hearing. Commissioner Williams seconded the motion.  CLOSED PUBLIC HEARING Commissioner Krueger made a motion to adopt ORDINANCE 2023-30 after 2nd 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 passed 5-0. 7.III. ORDINANCE 2023-31 Zoning Map Amendment For 52.94 Acres Of Land South Of Mountain Lake Cutoff Road And West Of US Highway 27, 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Shelton T. Rice, P.A., authorized agent for owner, requests approval of City Commission to amend the Zoning Map of the Comprehensive Plan on parcels of land totaling approximately 52.94 acres. RECOMMENDATION Staff recommends adoption at second reading, following a public hearing to re-assign the following zoning designation, as recommended by the Planning and Zoning Board at a regular meeting on August 22, 2023: Current Zoning: Polk County Agriculture/Rural Residential (A/RR), Proposed Zoning: City of Lake Wales Residential R-1A The City Commission approved the first reading of Ordinance 2023-31, following a public hearing, on September 19, 2023. BACKGROUND The subject property is located south of Mountain Lake Cutoff Road and west of US Highway 27, west of the Harper Estates subdivision. The applicant has requested for the annexation, land use, and zoning amendments to be read concurrently, with the contemplation of a Residential PDP. The applicant requests approval to amend the zoning designation from County A/RR to City Residential R-1B, contingent on approval of the annexation and land use amendment. The property is contiguous to city limits on its eastern border, adjacent to Harper Estates Subdivision. The request for LDR & R-1B is similar of that to Harper Estates whom requested LDR & R-1D. The request for R-1B is in part due to the inclusion of some 60’ wide single-family lots, proposed in the associated Planned Development Project, to limit the number of waivers being requested for some of the proposed lots. The Winter Haven Corp Master Development is also located north of the project site, emphasizing residential growth in the area. Zoning: R-1B Sec 23-401 District Classifications R-1B Residential district. This district is designed to encourage and protect low density single-family development and to permit the continued development of already platted low density single-family residential areas. The R-1B zoning designation is intended for assignment to lands classified as MDR - Medium Density Residential and may be assigned to those classified as LDR - Low Density Residential on the Zoning: R-1B Sec 23-401 District Classifications R-1B Residential district. This district is designed to encourage and protect low density single-family development and to permit the continued development of already platted low density single-family residential areas. The R-1B zoning designation is intended for assignment to lands classified as MDR - Medium Density Residential and may be assigned to those classified as LDR - Low Density Residential on the future land use map of the comprehensive plan. CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns Zoning designations by ordinances upon a recommendation from the Planning & Zoning Board. FISCAL IMPACT Approval will allow for the development of single-family homes and add to the City’s tax roll. The properties are valued at a total of $634,513 which would bring in additional property taxes. Anticipating approximately 224 single-family residential homes, estimating at an average of $200,000 in taxable value per unit, could potentially result in approximately $44.8 million in taxable value, and generate over $319,000 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 2023-31 by title only. ORDINANCE 2023-31 (Zoning Map Amendment for approximately 52.94 acres of land south of Mountain Lake Cutoff Road and west of US Highway 27.) AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE ZONING MAP TO CHANGE ZONING DESIGNATIONS ON APPROXIMATELY 52.94 ACRES OF LAND SOUTH OF MOUNTAIN LAKE CUTOFF ROAD AND WEST OF US HIGHWAY 27, FROM POLK COUNTY DESIGNATION A/RR TO CITY OF LAKE WALES DESIGNATION RESIDENTIAL R-1B; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Williams made a motion to adopt ORDINANCE 2023-31 after 2nd Reading and Public Hearing. 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 passed 5-0.  Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 8. NEW BUSINESS 8.I. RESOLUTION 2023-19 Adoption Of Fat, Oil And Grease Manual [Begin Agenda Memo] SYNOPSIS: Staff is recommending that the City Commission adopt Resolution 2023-19 Fat, Oil and Grease Manual STAFF RECOMMENDATION Staff recommends the City Commission take the following action: 1. Adopt Resolution 2023-19 (FOG) Fat, Oil, and Grease Manual. 2. Authorized the Mayor to sign all documents related to this resolution. BACKGROUND Fat, oils, and grease (FOG) will cause blockages in pipes, which can result in backups, and sanitary sewer overflows, which damage the environment and increase maintenance of wastewater transmission pipes and structures as well as creating wastewater treatment compliance problems at the City of Lake Wales's Publicly Owned Treatment Works (“POTW”). The City of Lake Wales would like to adopt the FOG (Fat, Oil and Grease) manual to minimize the introduction of fat-soluble wastes to the collection system. The adoption of the manual will provide specific standards for design, capacity, installation, maintenance, and administrative procedures required for devices. The manual is not intended to supplement the City Code FOG provisions, but to be used as a supplement to provide more detail, with the City Code having primacy over the provisions in this manual. The manual also establishes inspection and enforcement procedures with the FOG program. The program will assist the City to comply with its Florida Department of Environmental Protection permit conditions and any other Federal and State laws to which the POTW is subject. Staff recommends the Commission take the following action; adopt Resolution 2023-19, and authorized the Mayor to sign all documents associated with Resolution 2023-19. OTHER OPTION None. FISCAL IMPACT None. [End Agenda Memo] Commissioner Krueger made a motion to adopt RESOLUTION 2023-19. Commissioner Williams seconded the motion. by Roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES"  by Roll call vote: Commissioner Krueger "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 8.II. Preliminary Subdivision Plat Approval / Special Exception Use Permit Approval For A Residential Planned Development Project (PDP) Public Hearing [Begin Agenda Memo] SYNOPSIS: Shelton T. Rice, P.A., authorized agent for owner, is requesting approval from City Commission, of a 64-unit Preliminary Subdivision Plat and a Special Exception Use Permit for a Residential PDP on approximately 19.01 acres of land north of C F Kinney Road and west of Scenic Highway North. RECOMMENDATION Staff recommends denial, as recommended by the Planning and Zoning Board at the July 25, 2023 Planning & Zoning Board Meeting, to City Commission for the Special Exception Use Permit, finding that the proposed subdivision is not superior to that of a subdivision standard to the R-1A zoning district, and that the project could be improved under the same design by designing lots to R-1A dimensional standards in keeping with the surrounding area, and ultimately does not meet the PDP Design Regulations. BACKGROUND Oak Development PDP – General: The subject property, comprising of approximately 19.01 acres of vacant land and pasture, is located at the northwest corner of C F Kinney Road and Scenic Highway North. The property is adjacent to Brookshire Subdivision, east of the subject property, and Dinner Lake Subdivision, south of the property. Along the property’s northern and western property boundaries, a solar farm has been approved and is currently under construction. These properties were annexed into the corporate City Limits on December 6, 2022. The land use and zoning amendments were adopted with the annexation on December 6, 2022. A land use designation of Low Density Residential and zoning designation of R-1A was assigned due to compatibility with the surrounding area. Surrounding subdivisions such as Dinner Lake and Brookshire have provided 85’ wide lots meeting the standards of the R-1A district. Maximum density allowed on the lands designated as LDR Low Density Residential is calculated at 5 units per gross acre, or 95 dwelling units, under the Comprehensive Plan for LDR Low-Density Residential. A density of 3.36 dwelling units per acre, or 64 dwelling units, is proposed. The proposed residential subdivision is designed as a Planned Development Project (PDP), including requested Waivers of Strict Compliance. Lots adjacent to exterior roadways are units per gross acre, or 95 dwelling units, under the Comprehensive Plan for LDR Low-Density Residential. A density of 3.36 dwelling units per acre, or 64 dwelling units, is proposed. The proposed residential subdivision is designed as a Planned Development Project (PDP), including requested Waivers of Strict Compliance. Lots adjacent to exterior roadways are proposed as 70’ wide lots to transition from the adjacent subdivisions’ 85’ wide lots. The central lots propose 60’ wide lots, and lots adjacent to the solar farm property are 50’ wide. Waivers are being requested for all R-1A dimensional standards. On June 27, 2023, the Planning and Zoning Board recommended to continue the PDP to the July 25, 2023 Planning & Zoning Board Meeting to allow the applicant to bring an alternative, revised design for approval. Revisions Made: - An additional unit was gained through redesign. - Dead ends within the development have been removed. - Visitor parking spaces, in excess of required parking regulations, have been provided. - The neighborhood park and mini park have been combined to provide a large centralized recreation area for the development. - Additional crosswalks have been added for pedestrian safety. - A community garden is proposed as an additional amenity. - Walking paths have been added in the neighborhood park adjacent to private lots to distinguish lots from common areas. The Planning and Zoning Board, after seeing an example of what the project could look like with standard-sized lots, felt the development appeared too dense. After the Board deliberated ideas with the applicant, the applicant agreed to change the central lots from 50’ wide lots, to the 60’ wide lots currently proposed as a compromise. A motion to deny the Special Exception Use Permit and Preliminary Subdivision Plat was approved 4:2. This proposal came before City Commission on September 6, 2023 and was stalled with a 2/2 vote and the following opinion was rendered by the City Attorney, Sec. 3.09(d) of the Charter requires 3 votes by the Commissioners. The 2/2 vote essentially tabled the matter since only 4 Commissioners were present. A 3/1 vote would have denied the approval. It should be reconsidered by the Commission. 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 - 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 Lot Types: 70’ x 100’ 19 lots 60’ x 100’ 18 lots 50’ x 100’ 27 lots TOTAL 64 LOTS R-1A Standards per Table 23-422 Minimum Lot Size: 12,000 sq. ft. Minimum Street Frontage: 50 feet Minimum Lot Width at Building Line: 85 feet Minimum Living Area: 1,500 sq. ft. Minimum Front Setback: 30 feet Minimum Side Setback: 10 feet Minimum Rear Setback: 20 feet Maximum Lot Coverage: 40% Maximum Building Height: 35 feet / 2.5 stories Proposed 70’ Wide Lots Minimum Lot Size – 7,000 sq. ft. Minimum Street Frontage – 70 feet Minimum Lot Width at Building Line – 70 feet Minimum Lot Size – 7,000 sq. ft. Minimum Street Frontage – 70 feet Minimum Lot Width at Building Line – 70 feet Minimum Living Area – 1,500 sq. ft. Front Building Setback – 20 feet Side Building Setback – 5 feet Rear Building Setback – 10 feet Functional Corner-Side Setback – 20 feet Maximum Lot Coverage – 60% 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 – 1,425 sq. ft. Front Building Setback – 20 feet Side Building Setback – 5 feet Rear Building Setback – 10 feet Functional Corner-Side Setback – 20 feet Maximum Lot Coverage – 60% Proposed 50’ Wide Lots Minimum Lot Size – 5,000 sq. ft. Minimum Street Frontage – 50 feet Minimum Lot Width at Building Line – 50 feet Minimum Floor Area – 1,350 sq. ft. Front Building Setback – 20 feet Side Building Setback – 5 feet Rear Building Setback – 10 feet Functional Corner-Side Setback – 20 feet Maximum Lot Coverage – 60% Roadways & Access: Access to the subdivision will be located off of C F Kinney Road. The Functional Corner-Side Setback – 20 feet Maximum Lot Coverage – 60% Roadways & Access: Access to the subdivision will be located off of C F Kinney Road. The development provides internal sidewalks on both sides of the street, and external sidewalks along C F Kinney and Scenic Highway North, where a sidewalk is already provided on one side of the street for C F Kinney Road. A waiver for roadway lane widths is needed to reduce the width to 10-feet-wide, where 12-feet-wide is a regulation standard. Staff supports the reduction of lane widths, as this can act as an additional traffic calming mechanism. The required visitor parking at 1 space per 10 dwelling units has been provided, and additional parking spaces included in excess of what is required. 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 proposed buffer may be a wall or berm, and will be planted with shrubs, canopy trees, and understory trees. The following landscape requirements 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. - Minimum buffer landscaping shall be met, per section 23-307.3: Buffer between non- residential use and residential district. A five-foot wide separation strip shall be provided on property in non-residential use and a residential district. Within this strip, a permanent visual buffer, such as a wall or evergreen hedge, with a minimum height of six (6) feet shall be provided. Buffer along streets exterior to a development. 1. Along a local street, the buffer shall be a minimum of ten (10) feet in width, and along collector and arterial roadways, twenty (20) feet in width. 2. The buffer shall be in a separate parcel or tract maintained by a homeowners' association or similar entity, in accordance with an approved landscaping plan. 3. The buffer shall be landscaped to provide a solid screen, such as a wall or hedge, a minimum of six (6) feet in height. One (1) tree shall be provided for every fifty (50) feet of buffer length. - Recreation areas shall be landscaped per Section 23-310(d)2: 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. Proposed along Scenic Highway is a 30’ wide buffer with a 3’ high berm clustered with shrubs and overstory trees. C F Kinney Road provides a 15’ wide buffer with trees every 60 linear feet and a 6’ high hedge along the boundary. Buffering between the subdivision and the solar farm is proposed to be planted with overstory trees and shrubs within a 10’ strip of sod. A tree survey shall be provided during site development submittal to determine what trees will be retained and/or that mitigation is in place for trees to be removed. Recreation & Open Space: The overall development proposes a centrally located neighborhood park and mini-park with a dog park and community garden as amenities. Paths are provided adjacent to the park area and private lots to distinguish private areas from survey shall be provided during site development submittal to determine what trees will be retained and/or that mitigation is in place for trees to be removed. Recreation & Open Space: The overall development proposes a centrally located neighborhood park and mini-park with a dog park and community garden as amenities. Paths are provided adjacent to the park area and private lots to distinguish private areas from common areas. The development provides the minimum 20% open space as required by code. OPEN SPACE CALCULATION Buffer Area 1.46 acres 50% of Upland Retention Area 0.34 acres Neighborhood Park Area 0.96 acres Dog Park Area 0.26 acres Other Open Space 0.86 acres TOTAL 3.88 ACRES (20.4%) Waivers of Strict Compliance: The applicant requests the following Waivers of Strict Compliance from certain dimensional and area standards in the R-1A zoning district: 1. Waive the required 150’ primary entrance road length. 2. Waive the minimum roadway lane widths to 10 feet where 12 feet is required by code. 3. Minimum curve radius reduced from 100 feet to 60 feet. 4. Minimum lot size reduced from the required 12,000 sq. ft. to 5,000 sq. ft. for 50’ wide lots. 5. Minimum lot size reduced from the required 12,000 sq. ft. to 6,000 sq. ft. for 60’ wide lots. 6. Minimum lot size reduced from the required 12,000 sq. ft. to 7,000 sq. ft. for 70’ wide lots. 7. Minimum lot width at building line reduced from the required 85 feet to 50 feet for 50’ wide lots. 8. Minimum lot width at building line reduced from the required 85 feet to 60 feet for 60’ wide lots. 9. Minimum lot width at building line reduced from the required 85 feet to 70 feet for 70’ wide lots. 10.Minimum front setback reduced from the required 30 feet to 20 feet for all lots. 11.Minimum side setback reduced from the required 10 feet to 5 feet for all lots. 12.Minimum rear setback reduced from the required 20 feet to 10 feet for all lots. 13.Minimum functional corner-side setback reduced from the required 30 feet to 20 feet for all 11.Minimum side setback reduced from the required 10 feet to 5 feet for all lots. 12.Minimum rear setback reduced from the required 20 feet to 10 feet for all lots. 13.Minimum functional corner-side setback reduced from the required 30 feet to 20 feet for all corner lots. 14.Maximum lot coverage increased from the maximum 40% to 60% for all lots. 15.Minimum living area reduced from the required 1,500 sq. ft. to 1,350 sq. ft. for 50’ wide lots. 16.Minimum living area reduced from the required 1,500 sq. ft. to 1,450 sq. ft. for 60’ wide lots. Proposed Superior Design Standards Per the Applicant: 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: “We feel that the proposed plan and the associated deviations from the base code standards have allowed us to balance the constraints of the existing site (small total land area, challenging existing topography, rectangular geometry of the parcel) with the requested deviations in order to achieve a viable development plan that prioritizes walkability and generous recreational areas. The design of the proposed CF Kinney Road project exceeds county standards in the following ways: • Additional buffering has been provided in excess of the required buffering width, in addition to providing a berm buffer along Scenic Highway that is not required by code. • The large, central park area has been designed to respect one of the few natural features existing onsite in the form of the existing topographic depression. Natural stormwater infiltration will be allowed to continue in this area, allowing for the complete elimination of surface water runoff discharges from the site by infiltration of all project runoff. This will also respect the existing floodplain associated with this area. The location of both the neighborhood park and the dog park directly across the street create a strong, central focal point for the neighborhood. The neighborhood park provides 4x the required acreage, and the mini-park is over 10x the required acreage. In addition the dog park reduces stormwater, air, and traffic pollution, enhancing resident safety due to internal capture of stormwater and accessibility. • A landscaped median feature has been incorporated into the design of the northern east- west roadway in order to break up the block visually, provide for traffic calming, and provide a focal point entrance to the neighborhood park with the associated raised crosswalk for pedestrians. Reduced lane widths reduce vehicle travel speeds, enhance pedestrian safety for shorter crossing times, and reduces stormwater runoff volumes and pollution. • Raised crosswalks emphasize the focal point of the neighborhood and mini-parks, create traffic calming by reducing vehicle speeds, and increases pedestrian safety by increasing the visual prominence of the crosswalk.” - Recreation required: 0.29 acres; Recreation provided: 1.45 acres - Open space required: 20% of site; Open space provided: 20.4% of overall site visual prominence of the crosswalk.” - Recreation required: 0.29 acres; Recreation provided: 1.45 acres - Open space required: 20% of site; Open space provided: 20.4% of overall site Planning in Progress Aspirations: The applicant submitted a conceptual plan to the city in March of 2022, prior to the Planning in Progress resolution passed by City Commission in January of 2023. This project went through multiple revisions, and have attempted to meet the intentions of the design provided by Plusurbia, attached. 1. We will seek to assemble an enduring green network of open spaces and conservation lands; The development does not contribute to the City’s effort to create a green network of connected open spaces, as it is isolated from the surrounding area with backs of homes adjacent to exterior roadways, and open space terminates within the development. The development does provide open space area which meets the minimum code requirement. 2. We will partner with landowners, investors, and the community to encourage input, collaboration, and respect property rights; The property was annexed into the city in 2022, prior to a change in Planning Staff leadership, and the adoption of the Planning in Progress Resolution. The applicant has willingly and patiently worked with Staff, making revisions to the plan in an attempt to better align with the PDP Guidelines and Planning in Progress Aspirations. At no cost to the applicant, the City hired an Urban Design firm to re- design the site and provide recommendations on how to improve the site layout. 3. We will make infill development and revitalization a priority; The site may be considered infill, as it is surrounded by existing and proposed development. 4. We will emphasize economic prosperity by increasing property values through quality development; Per Urban Design firm Plusurbia, the quality of the development could be improved by: a. Orienting the fronts of homes towards North Scenic Highway, CF Kinney Road, the natural depression located in the center of the property, and towards other homes where possible. b. Providing two-story homes along Scenic Highway, so to take advantage of the views of Lake Mabel. c. Most homes should be rear-accessed from an alley. 5. We will facilitate employment opportunities by supporting a mix of land uses and industries; The development does not directly facilitate employment or include a mix of land uses and industries. 6. We will seek to make traditional neighborhoods with walkable, connected streets that create a high-quality public realm the norm; The development is not considered a Traditional Neighborhood. Driveway connections onto the internal roadways from the 50’ wide lots deplete the walkability of the neighborhood when driveways impede the sidewalk network. Sidewalks on both sides of the road, street trees, reduced travel lane widths, and deflected long roads increase the comfortable walkability of the neighborhood. that create a high-quality public realm the norm; The development is not considered a Traditional Neighborhood. Driveway connections onto the internal roadways from the 50’ wide lots deplete the walkability of the neighborhood when driveways impede the sidewalk network. Sidewalks on both sides of the road, street trees, reduced travel lane widths, and deflected long roads increase the comfortable walkability of the neighborhood. 7. We will discourage conventional urban sprawl as defined in Florida Statutes Chapter 163; and Although the development will connect to existing water and sewer, the lack of support non-residential uses in the surrounding area contributes to car dependency and is not considered walkable or connected. 8. We will grow a livable transportation network by implementing the Lake Wales Mobility Plan and including context-sensitive Complete Streets. The project is designed with complete street elements such as street trees and sidewalks on both sides of the road, and narrow lanes to slow internal traffic within the development. Staff Findings 1. This site is located within the City’s utility service area and will connect to municipal water and sewer. 2. The development will maximize existing infrastructure investments by connecting to municipal water and sewer. 3. The development is infill in nature with surrounding properties being developed or existing and already developed. 4. A berm is being provided along Scenic Highway that is consistent with the berm utilized at Dinner Lake Subdivision to provide buffering and sound barrier from the roadway. 5. The proposed lot sizes are not consistent with the lots provided in surrounding developments; Dinner Lake and Brookshire have 85’ wide lots adjacent to roadways and meet R-1A standards. 6. The development does not demonstrate a neighborhood design superior to a standard subdivision, and therefore does not justify the requested Waivers of Strict Compliance from the dimensional and area standards of the R-1A zoning district. 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. Garages shall be recessed a minimum of five feet from the front expression line. e. Mechanical equipment shall be located at the rear of the home and not permitted within side 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. Garages shall be recessed a minimum of five feet from the front expression line. e. Mechanical equipment shall be located at the rear of the home and not permitted within side yards for all lots in the development. 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 with the City, at the administrative official’s discretion. h. Revise the typical lot layout details to show rear setback as 10 feet, as requested under waivers of strict compliance. OTHER OPTIONS 1. Recommend approval to City Commission of the proposed PDP with Waivers of Strict Compliance and Conditions of Approval. 2. Recommend approval to City Commission as a standard subdivision designed to R-1A dimensional and area standards. 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 $91,000 in ad valorem taxes. *Adjusted values for potential homesteaded properties have not been factored into this estimate. [End Agenda Memo] OPENED PUBLIC HEARING Charlene Bennett, resident, spoke against this PDP. She said it is not superior as required by code. CLOSED PUBLIC HEARING Autumn Cochella, Growth Management Director, reviewed this item. Jessica Icerman, attorney with Stearns, Weaver, Miller Law Firm in Tampa, introduced other representatives of the project. They include Casey Krauser, a principal of Oak Development, Andrew Eiland, Engineer, Shelton Rice, and David Smith, professional planner. Ms. Icerman reviewed the project and explained why it is superior. It does not have TND (Traditional Neighborhood Design) elements. There are no alleys. This project has been in progress for 2 years. There are no exact criteria for what is superior or for the adopted 8 aspirations. This is a small 19-acre project. David Smith, planner, explained that the site has limitations due to size, a depression in the middle and a solar farm on two sides. This prohibits a true TND community. This plan is better than traditional There are no exact criteria for what is superior or for the adopted 8 aspirations. This is a small 19-acre project. David Smith, planner, explained that the site has limitations due to size, a depression in the middle and a solar farm on two sides. This prohibits a true TND community. This plan is better than traditional subdivision and better than nearby developments. This development has various lot sizes and makes the depression as part of a central park area. There is a dog park, visitor parking, raised crosswalks and sidewalks on both sides of the road. There are narrower streets to slow traffic. These are not in a normal subdivision. This is a better plan. There are elements of TND. Ms. Icerman said an updated plan was submitted with the staff's conditions of approval included. Casey Krauser, Principal of Oak Development Group, reviewed this project. This is superior to a standard subdivision under R1A. The houses in this would appeal to families such as his. This has been a long process for a small project. They are looking to do more business with the City in the future. They hope they are welcome to do more in the future. Deputy Mayor Gibson said this issue is not personal to the developer. This decision should be based on fact and the law. The recommendation of the Planning and Zoning board is important. That is where the negotiation occurs. To have a denial is rare. The interpretation of the Planning and Zoning board and staff recommendations is critical. He asked why a denial was recommended. Ms. Cochella said the staff report did not mention TND or the 8 aspirations. They compared this to the PDP language. They elements they identify as superior such as crosswalks and sidewalks are good development not superior. In her opinion it is not superior. Deputy Mayor Gibson asked about the nearby solar farm and if there are buffers. Ms. Cochella confirmed that buffers are required and needed in a good development. Deputy Mayor Gibson asked about the discussion at the Planning and Zoning board. Ms. Cochella said the engineer passed out a design in accordance with the underlying zoning. They board realized it looked better than what was proposed. Commissioner Thompson asked if there would be landscape buffers in a standard subdivision. Ms. Cochella said there would be. In this plan there is a buffer along Scenic. Buffers and open space is required. In standard subdivisions extra open space isn't required because the lot sizes are bigger. Casey Krauser, Principal Oak Development, showed the buffers on the plan. These exceed nearby subdivisions. They also offered to include a berm. All 4 sides have a substantial buffer. He reviewed this history of this plan. He said version 1 was much different than the current vision. He said that the plan is a grid just like Plusurbia suggested, just like an R1A plan. He explained why the smaller lots in a PDP are better. They want to offer more for the smaller lots. Ms. Icerman said the items in the PDP that are superior such as a dog park or crosswalks are not required in the code. The smaller lots allow three different price points that will be attractive to various demographics. Commissioner Krueger asked what the estimated prices of the homes would be. Mr. Kauser said this will depend on the builders. R1A plans with 80ft lots - 100ft lots will go for about $600,000 as they have to be larger house product. On the smaller lots they are proposing the 2 car garage, 2 story house will average about $400,000 a house. These are affordable than  Commissioner Krueger asked what the estimated prices of the homes would be. Mr. Kauser said this will depend on the builders. R1A plans with 80ft lots - 100ft lots will go for about $600,000 as they have to be larger house product. On the smaller lots they are proposing the 2 car garage, 2 story house will average about $400,000 a house. These are affordable than other lots. Commissioner Krueger asked about the 70 foot lots. Mr. Kauser said these lots allow a lot more variety. At the P&Z board they discussed product mix and alleyways. They still incorporated TND elements into their plan. They added the 60 foot lots with the 50ft and 70 ft. lots. Ms. Icerman said the P&Z board composition changed between the two meetings. We might have gotten approval if they had the same board from the 1st meeting. Commissioner Thompson commended Commission Staff for their work on this and answering his questions. We need more clarity on what our objective standards are. The things we are aspiring to are not in our code. This project is a concern to him. The length of time this has taken to come to this point is unacceptable. Commissioner Thompson said we need to work collaboratively with developers to get superior projects. We need to get the best developments and we will need developers to work with us. He said he is in favor of moving forward on this. Commissioner Williams said that there are some definite improvements in the plan. We want to work with this team on future projects. He encouraged the applicants to work with staff for a product that we can approve. He cannot go against the recommendation of staff and the Planning and Zoning Board. Mayor Hilligoss said just because we don't approve the PDP doesn't mean the property won't be developed. This is not simple. The word superior is subjective. He will defer to staff recommendation on this. Commissioner Krueger made a motion to approve this item. Commissioner Thompson seconded the motion. by Roll call vote: Commissioner Krueger "YES" Commissioner Thompson "YES" Commissioner Williams "NO" Deputy Mayor Gibson "NO" Mayor Hilligoss "NO" Motion failed 3-2. 9. CITY ATTORNEY 10. CITY MANAGER James Slaton, City Manager, announced Make it Magical on Friday, the parade and Christmas Cinema event is Saturday night.  10. CITY MANAGER James Slaton, City Manager, announced Make it Magical on Friday, the parade and Christmas Cinema event is Saturday night. 10.I. Commission Meeting Calendar James Slaton, City Manager, said that next week is a CRA meeting on Tuesday and a Work Session on Wednesday. 11. CITY COMMISSION COMMENTS Deputy Mayor Gibson spoke about the Conservation money that the County has due to a recent referendum. He talked about property owned by the Friedlander that might be worth preserving. County funds might be used for this. This is a great opportunity. Deputy Mayor Gibson reported on a letter about the historic Calvin house in the Northwest area selected by the Florida Trust for Historic Preservation as one of the 11 that is a priority. Commissioner Thompson said economic development is important to reach our goals in the Lake Wales Envisioned Plan. He would like to keep this in our discussion as we move forward. We need to work on improving our medium income. 12. MAYOR COMMENTS Mayor Hilligoss said that he saw the new mural on the side of the BizLinc building and it looks attractive. Mayor Hilligoss thanked Babson Park Elementary for coming and performing earlier at the tree lighting. 13. ADJOURNMENT The meeting was adjourned at 7:29 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk