City Commission Regular Meeting

City Commission Meeting Minutes January 2, 2024 (APPROVED) 1/2/2024 - Minutes 1. INVOCATION Commissioner Thompson 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, Mayor Jack Hilligoss, Daniel Williams, Robin Gibson, Danny Krueger Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney 5. COMMENTS AND PETITIONS 6. CONSENT AGENDA Commissioner Krueger made a motion to approve the Consent Agenda. Deputy Mayor Gibson seconded the motion. by voice vote: Commissioner Krueger "YES" Deputy Mayor Gibson "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 6.I. Minutes - December 19, 2023 7. OLD BUSINESS  Motion passed 5-0. 6.I. Minutes - December 19, 2023 7. OLD BUSINESS 7.I. Ordinance 2023-38 Amendments To Chapter 23, Zoning, Land Use, And Development Regulations 2nd Reading And Public Hearing – Notice Requirements Have Been Met [Begin Agenda Memo] SYNOPSIS: Staff proposes amendments to the following sections of the Land Development Regulations (LDRs) (Chapter 23, Lake Wales Code of Ordinances): ? -Sec. 23-219 Comprehensive plan future land use map amendment ? -Sec. 23-222 Site plans ? -Sec. 23-401 District classifications ? -Table 23-421 Permitted and special exception uses allowed in zoning districts ? -Table 23-422A and Table 23-422B Dimensional requirements for use of land ? -Sec. 23-450 Master Development Plan (MDP) ? Sec. 23-802 Definitions RECOMMENDATION Staff recommends adoption at second reading, following a public hearing, to amend sections of Chapter 23, Lake Wales Code of Ordinances, as recommended by the Planning and Zoning Board at a regular meeting on November 28, 2023. BACKGROUND Areas of the Land Development Regulations (LDRs) (Chapter 23, Lake Wales Code of Ordinances) have been identified as needing amendments. Sec. 23-219 Comprehensive plan future land use map amendment Background and justification: This amendment is housekeeping in nature. The State changed the threshold for what acreage requires State Coordinated Review prior to adopting amendments to the Future Land Use Map from 10 acres to 50. The Land Development Code should reflect this change. Sec. 23-219.1 Amendment cycle. a. Small scale amendments— Parcels of ten (10)fifty (50) acres or less in area. Amendments for parcels of ten (10)fifty (50) or less will be processed throughout the calendar year in accordance with a schedule and procedures developed by the administrative official, and pursuant to s. 163.3187 F.S. (See Ordinance) Sec. 23-222 Site plans Background and justification: Amendments to this section are intended to better distinguish how a project should be considered as either a major or minor project by the Administrative Official. Also proposed is to allow a project to be considered a minor project, approvable administratively, if it has up to two buildings on site and is under 2 acres in size. Major projects are approvable by the Planning and Zoning Board. 1. Major project. An application meeting any of the criteria below shall be classified as a major project: minor project, approvable administratively, if it has up to two buildings on site and is under 2 acres in size. Major projects are approvable by the Planning and Zoning Board. 1. Major project. An application meeting any of the criteria below shall be classified as a major project: A. The project will have more than one (1) two (2) principal buildings on the site or meets the definition of a "shopping center" or "business center" the property exceeds two (2) acres in size; B. A special exception use or a significant change to a special exception use is approved. C. The project involves a request for waiver of strict compliance with requirements of the land development regulations. D. A change is proposed which affects a condition of approval or commitment by the applicant on an existing major site plan or special exception use permit. E. The proposal increases the non-conformity with provisions of this chapter. F. The project meets the definition of a “shopping center” or “business center”; G. The parcel(s) of land within the developed area contain an Area of Special Flood Hazard or wetlands. H. The project involves outdoor storage of merchandise, products or materials; or any outdoor or open storage of equipment, materials or other items including above ground storage tanks, consistent with the requirements of this code. 2. Minor project. All projects not meeting the criteria for a major project shall be considered minor projects unless determined by the administrative official to warrant review as a major project. Construction or alteration of a single-family residence or duplex on a single lot requires review under section 23-212, verification of zoning compliance. Such determination should consider, but not be limited to, the following factors: A. Size and scale of the proposed use(s) and structure(s); B. Intensity of the proposed use; C. Potential for off-site impacts to adjacent properties and uses; D. Compatibility with adjacent uses; E. Potential for impacts to existing public infrastructure and services; 3. Construction or alteration of a single-family residence or duplex on a single lot requires review under section 23-212, verification of zoning compliance. (See ordinance) Sec. 23-401 District classifications Background and justification: The purpose of amending this section is to provide a better description of development and activity intended for industrial districts. Sec. 23-401 District classifications Background and justification: The purpose of amending this section is to provide a better description of development and activity intended for industrial districts. b. Professional, commercial and industrial districts. An (A) or (B) designation following a district designation refers to the front building setback requirement per Table 23-422B. I-1 Industrial park district, general. This district is intended to provide for designed to encourage and promote the development of general manufacturing, fabrication, processing, assembly, warehousing & distribution, and wholesale activities industrial uses, primarily on vacant lands and in industrial park settings. General commercial, office, and research/development uses necessary to support the industrial area are also permitted. I-2 Industrial infill district. This district is intended to facilitate infill and redevelopment of industrial uses in developed industrial areas and to encourage permit the development of manufacturing and industrial uses on vacant property in largely developed areas. Table 23-421 Permitted and special exception uses allowed in zoning districts Background and justification: The purpose of the amendments to this table is to clean up outdated information, to better simplify uses, to encourage a mix of housing types within residential districts, and to clarify that outdoor storage in BP, I-1, and I-2 requires review as a major project. (See ordinance) Table 23-422 A & B Dimensional and Area Standards Background and justification: The proposed amendments to the tables below are intended to provide flexibility in front setback requirements, so to encourage better building-to-street relationships, without the need for a dimensional variance to achieve setback relief. (See ordinance) Sec. 23-450 Master Development Plan (MDP) Background and justification: This amendment is intended to strengthen compatibility standards for uses within a MDP. C. Compatibility to adjacent properties. MDPs shall be located and designed to minimize the negative effects of external impacts resulting from factors such as traffic, noise, vibration, smoke, dust, or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard, glare or lights. Project control shall be accomplished through such techniques as buffering, architectural design, site design, height transitions, and density or intensity transitions. Sec. 23-802 Definitions Background and justification: The proposed amendments to this section are intended to strengthen the definitions of heavy and light manufacturing, to help simplify the Permitted Use Chart, and to clarify the difference between front-loaded and rear- loaded dwelling units. Front-loaded dwelling means the garage, carport, or parking area is located in the front yard and is parallel to the front building setback line. Rear-loaded dwelling means the garage, carport, or parking area is located in the rear yard and is parallel to the rear building setback line, usually accessed by an alleyway. Heavy uses. Those uses which are hazardous although the maximum public and private safety and is parallel to the front building setback line. Rear-loaded dwelling means the garage, carport, or parking area is located in the rear yard and is parallel to the rear building setback line, usually accessed by an alleyway. Heavy uses. Those uses which are hazardous although the maximum public and private safety precautions have been taken and the most stringent performance standards have been met or those uses whose premises do contain outdoor or open storage or aboveground tank storage of merchandise, products or materials or any outdoor or open storage of equipment, materials or other items utilized by such establishments in practicing their vocation or occupation, except for automobiles and delivery trucks. Light uses. Those uses which are nonhazardous whose processing, fabricating, assembly or disassembly take place wholly within an enclosed building and whose premises do not contain any outdoor storage, open storage or aboveground tank storage of merchandise, products, materials, equipment or other items utilized by establishments that are visible from any travel way. Manufacturing A facility engaged in processing or fabricating and finishing non-hazardous products or components from raw materials or prepared parts. Non-hazardous materials contain no items or agents which have the ability to cause harm to humans, animals, or the environment. Manufacturing may include the assembly of products from components and the packaging of products. Manufacturing does not include processing of food or drinks. See also food processing under food businesses. Heavy. A facility engaged in processing or fabricating and finishing of non-hazardous products or components from raw materials or prepared parts that may or may not be packaged. 1. Such activity shall be conducted or take place within an enclosed structure or within a partially enclosed structure that is located behind the front building line and shall be screened from view by the perimeter landscape buffer. 2. All storage shall occur indoors or outdoors behind the front building line and at least 25 feet away from a side or rear property line. 3. No impacts or byproducts of the use, including noise, vibration, dust, fumes, odor, or electrical or communications interference shall be discernible from the property line. 4. Outdoor loading areas shall be located to the rear of the principal structure and shall not interfere with the on-site circulation of vehicles and pedestrians. Light. A facility accommodating manufacturing processes involving less intense levels of fabrication and/or production such as the assembly and conversion of already processed raw materials into products. 1. Such activity shall be conducted or take place wholly within an enclosed building, and 2. Uses do not include any on-premise outdoor storage, open storage or above ground tank storage. 3. Such manufacturing operations shall not produce noise, odor, smoke, dust, glare, or vibration that may be detectable to the normal senses from beyond the property line.  2. Uses do not include any on-premise outdoor storage, open storage or above ground tank storage. 3. Such manufacturing operations shall not produce noise, odor, smoke, dust, glare, or vibration that may be detectable to the normal senses from beyond the property line. FISCAL IMPACT None. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-38 by title only. ORDINANCE 2023-38 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 23, ZONING, LAND USE AND DEVELOPMENT REGULATIONS AMENDING SECTION 23-219 COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT, AMENDING SECTION 23-222 SITE PLANS, AMENDING SECTION 23- 401 DISTRICT CLASSIFICATIONS, AMENDING TABLE 23-421 PERMITTED AND SPECIAL EXCEPTION USES ALLOWED IN ZONING DISTRICTS, AMENDING TABLE 23-422A AND TABLE 23-422B DIMENSIONAL REQUIREMENTS FOR USE OF LAND, AMENDING SECTION 23-450 MASTER DEVELOPMENT PLAN (MDP), AMENDING SECTION 23-802 DEFINITIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson made a motion to adopt ORDINANCE 2023-38 after Second Reading and Public Hearing. Commissioner Krueger seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Krueger "YES" Commissioner Williams "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 8. NEW BUSINESS 9. CITY ATTORNEY Albert Galloway, Jr., City Attorney, said he will be bringing forward an indemnification agreement and license for the Care Center to build an ADA ramp for the apartment complex. Mr. Quam and Ms. Kirkland are fine with this.  9. CITY ATTORNEY Albert Galloway, Jr., City Attorney, said he will be bringing forward an indemnification agreement and license for the Care Center to build an ADA ramp for the apartment complex. Mr. Quam and Ms. Kirkland are fine with this. 10. CITY MANAGER James Slaton, City Manager, announced that there will be a CRA meeting and Commission Work Session meeting next week. Mr. Slaton said the Care Center has applied for reimbursement for the Park Avenue Building in accordance with the MOU. Deputy Mayor Gibson asked if the system is working good. Mr. Slaton confirmed that it is. 11. CITY COMMISSION COMMENTS Commissioner Thompson said he is looking forward to the Dr. M L King Jr. Day holiday and participating in the celebrations. Commissioner Thompson asked for continued emphasis on economic development in the City. We need median income to go up and we need property values to go up. We need to be attractive to businesses. Deputy Mayor Gibson said the improvements on Park Avenue look better every day. Deputy Mayor Gibson said we need economic prosperity for our residents. Mayor Hilligoss commended the Communications Department. He said they are doing a good job keeping us aware of what is going on. 12. ADJOURNMENT The meeting was adjourned at 6:08 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk