City Commission Regular Meeting

City Commission Meeting Minutes February 20, 2024 (APPROVED) 2/20/2024 - Minutes 1. INVOCATION Rev. Nelson 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. PRESENTATION/REPORT 5.I. Presentation - BizLINC Business Incubator Mr. Derrick Blue, Florida Development Corporation, said there are a lot of great things happening in Lake Wales. There are wonderful things happening in the Northwest area and he is glad to be a part of it. He has a presentation but wanted to first address the misinformation in a recent Lake Wales News article. Some of the information in that article are downright lies. They have been entrusted to do a job in Lake Wales and they have been working hard for the past two years doing that job. He said they are real estate developers with expertise in business development in low income communities. They purchased the building at 225 Lincoln Ave themselves without City funds. The vision for the City is strong. He believes in what the City is doing. They built a house on B Street with plans for duplexes for senior and veteran housing. He said the article said that the Polk County Tax Collector's Office initiated an investigation of their businesses. This never happened. They invited Mr. Shawn Wyatt from the Tax Collectors Office to BizLinc to teach a workshop about licensing. A citizen hand delivered information to the office reporting the businesses with an address at the BizLinc address. Mr. Blue said the article claimed that he had no experience in business development. He reviewed his past experience in business incubators. Commissioner Krueger and Deputy Mayor Gibson visited the incubator in Tampa. Mr. Frank Cornier, CEO of FDC, introduced himself. He said they came with a proposal for a business incubator that fit the CRA plan requirements and they came with experience. He shared his background in real estate development. They brought those resources to this community to put them here. He thanked the Commission for the opportunity. no experience in business development. He reviewed his past experience in business incubators. Commissioner Krueger and Deputy Mayor Gibson visited the incubator in Tampa. Mr. Frank Cornier, CEO of FDC, introduced himself. He said they came with a proposal for a business incubator that fit the CRA plan requirements and they came with experience. He shared his background in real estate development. They brought those resources to this community to put them here. He thanked the Commission for the opportunity. Mr. Blue said the article said that some of the businesses at BizLinc are not properly licensed. He explained that some of the businesses to use their address for mail. The businesses are properly licensed. Mr. Blue said the Lake Wales News suggested through its wording that he was fired from the Tampa Hillsborough Action Plan where he served as Executive Director. He reviewed his 12 years at the Tampa Hillsborough Action Plan and the good work that was done in minority communities. He resigned from the organization in 2022 to focus on the FDC. Mr. Cornier reviewed the businesses at BizLinc and said those that are required to be licensed by the state are licensed and they, FDC, are licensed with the state and have been for years. Mr. Blue said that the Lake Wales News posted the contact information of some of their member businesses and their representatives received calls asking questions about their businesses. Some of the businesses were hurt by the allegations in the article. A representative from the Tax Collectors office reviewed the business licenses and one was out of date but now all the licenses were up to date. Mr. Blue said he felt the article was adversarial and is counter productive to what Lake Wales is trying to do. The article said he is listed on 51 different organizations which is true as he is a serial entrepreneur. He has had many businesses that have done well. He said he is strong in his Christian faith and he does not make that a secret. He has preached at different church. He supports businesses and organizations doing the right thing. Mr. Blue said he has a presentation to share. Mayor Hilligoss said that the presentation can be made at the next CRA meeting. Mr. Blue introduced some of his clients and invited them to come introduce themselves. He said these are qualified, licensed businesses that are in Lake Wales that strengthen the local economy. Ms. Simone McFarland Tucker said her nonprofit organization is Girls Leave a Mark to help teen mothers. They are working on their first fundraiser. This article with the wrong information can negatively affect their efforts. She said they are licensed and have all their documentation. She commended BizLinc for their help with her organization. Dr. Lynn Johnson said she was born and raised in Lake Wales. Her business is Triumphant HR Solutions which is licensed. She is certified and has helped numerous businesses in Lake Wales. BizLinc has pushed her to higher levels in her business. She got a call from Charlene Bennett that she considers harassment that suggested she was in cahoots with BizLinc and running a scam. She spoke against those trying to tear down what she is working for. BG Garrett, King Construction and Energy Management, said he is fully licensed by the state in construction and roofing. He has a degree in construction engineering. He shared some of the projects he has worked on. He praised BizLinc efforts to help businesses get to the next level so they can employ people. He encouraged everyone to come together as we will be stronger. Don Scott, Jr., Jr Scott Construction services, said he employs several people in Lake Wales. This is his 2nd business venture that he has started up with Derrick Blue. He also owns All City Solutions. He shared some of the events they have worked on together. He looks forward to doing work in Lake Wales. Dai Belle said she is the Founder of the Young Entrepreneur program in Lake Wales. This organization is to encourage young people to start businesses. She puts on events in Lake Wales promoting Unity in the Community. She is from Chicago. She shared some of her organizations activities. She commended BizLinc on the great job they do. Corey Young with AIC Lawn Care and Auto Injury Coach introduced his wife Lori who is the face of Auto Injury Coach while he does the Lawn Care business. He said they are trying to grow. He thanked the Commission for their support. Lori Young said they need BizLinc is to bring us together and support  in the Community. She is from Chicago. She shared some of her organizations activities. She commended BizLinc on the great job they do. Corey Young with AIC Lawn Care and Auto Injury Coach introduced his wife Lori who is the face of Auto Injury Coach while he does the Lawn Care business. He said they are trying to grow. He thanked the Commission for their support. Lori Young said they need BizLinc is to bring us together and support their ventures. Darrell Starling, Starling Consulting, shared his background working at the City and starting his own business. He commended the efforts of BizLinc. Our northwest neighborhood is unique in Florida. No one else is doing what Lake Wales is doing. He is not going any where. He has a mission in Lake Wales. He encouraged the City Commission to keep doing great work. Mr. Blue said that Mr. Starling is a BizLinc member. Mr. Blue said their numbers speak for themselves. They will address the lies in other ways. Mayor Hilligoss thanked the members of BizLinc for coming to speak. He asked if Mr. Blue was contacted by the Lake Wales News. Mr. Blue said no. Mayor Hilligoss confirmed that the Polk County Tax Collectors Office did not initiate an investigation but responded to a citizen complaint. Mr. Blue confirmed this. Mayor Hilligoss said that a records request was done and only one report was provided. Mayor Hilligoss asked the City Manager about how public records requests are handled. James Slaton, City Manager, said requests are handled through the City Clerks Office. Mayor Hilligoss said this is typical of the work we see from the Lake Wales News. There was another recent article on the Alta Vista project that was full of false information. He said he hopes they do better. Commissioner Krueger suggested that the Lake Wales News may need a license to operate in Lake Wales. Commissioner Williams said he is excited by BizLinc and what they are doing. He said that the Lake Wales News has told lies on him and other Commissioners. Truth is catching up tonight about BizLinc. Commissioner Thompson said he was inspired and sad about things going on in Lake Wales. He is inspired by the testimonies of the business leaders as he has run a business in the past and succeeded and failed. He is sad that the reputation of some have been damaged by this after the hard work put in. We need to think the best of one another until the worst is proved. We need to be better or more beautiful. We should be better and come together. Deputy Mayor Gibson said he deals with issues directly. When we had the controversy about the ADS plant. He went to two ADS plants and had a 1st hand experience on the operation there. He visited the Tampa incubator and the one on Lincoln Ave and had his questions answered. Everything was first rate quality. Mr. Blue confirmed this. Commissioner Krueger said the whole community is not at fault. There is a handful of people that causes problems. Most in Lake Wales are good people. Mayor Hilligoss said the report can wait and thanked the representatives from BizLinc for coming. 6. COMMENTS AND PETITIONS Charlene Bennett, resident, spoke on the Raise grant that address sustainability in Lake Wales and commended the efforts to put that together. She spoke against the political comments made by one of Mayor Hilligoss' recent sermons. She said she will file a complaint against the IRS. Juanita Zwaryczuk, resident, said that the Lake Wales News is a business in Lake Wales that does a service for Lake Wales by providing important information to our community. Many read the articles on the site and find out what is going on. Bruce Francis, non-resident, spoke on his experience in the military. He spoke against former President  Juanita Zwaryczuk, resident, said that the Lake Wales News is a business in Lake Wales that does a service for Lake Wales by providing important information to our community. Many read the articles on the site and find out what is going on. Bruce Francis, non-resident, spoke on his experience in the military. He spoke against former President Trump's comments concerning veterans. Michelle Threatt, business owner, commended Derrick Blue for the work he is doing in the northwest area. She reported on the Citizens and Police Community Relations Advisory Board meeting. She invited Commissioner Thompson, other commissioners and the City Manager to attend the next meeting about issues concerning Janie Howard Wilson traffic problems. Catherine Price, resident, said it is not easy getting information from the City. They have gotten better. The article in the Lake Wales News brought up valid concerns about BizLinc. She doesn't want a dysfunctional government but the City must always be open to input from citizens. Becky Wynkoop, resident, said the City responsiveness to citizens is not always great. The planning department does get back to her. She spoke against granting variances to developers. This is the first time she has heard about a report from BizLinc. We need to see where money is going. Carol Gillespie, resident, expressed concern about the BizLinc situation. Regular reports need to be submitted. She expressed concern that Derrick Blue serving at the Mayor's church may be a conflict of interest. There needs to be better oversight. 7. 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 passed 5-0. 7.I. Minutes - February 6, 14, & 16 2024 7.II. Law Enforcement Vehicle Purchase [Begin Agenda Memo] SYNOPSIS: Staff is requesting Commission approval to lease purchase seven (7) police vehicles with the Bancorp Master Lease Agreement. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Approve the sixty (60) month lease-purchase of two (2) fully equipped marked 2024 Chevrolet Police vehicles and five (5) fully equipped unmarked 2024 Chevrolet Police vehicles from Alan Jay Chevrolet based upon the City of Tallahassee contract #5179-2024 pricing. 2. Authorize the City Manager to execute the necessary documents on behalf of the City.  1. Approve the sixty (60) month lease-purchase of two (2) fully equipped marked 2024 Chevrolet Police vehicles and five (5) fully equipped unmarked 2024 Chevrolet Police vehicles from Alan Jay Chevrolet based upon the City of Tallahassee contract #5179-2024 pricing. 2. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND Within the FY 2023/24 annual budget, the City Commission approved $476,000 for Police Department vehicles. The FY 2023/24 annual budget indicated the vehicles would be leased versus purchased with commission approval. Staff recommends the lease-purchase of these vehicles: • Two (2) fully equipped marked 2024 Chevrolet Tahoe police vehicles and five (5) fully equipped unmarked 2024 Chevrolet Tahoe police vehicles. These vehicles can be lease- purchased using contract pricing from the city of Tallahassee. The capital cost of these vehicles, if purchased outright, would be $441,601.46. Under the lease-purchase agreement, the monthly lease payment is $8,462.09 for sixty (60) months, with a total cost of $441,601.46. These vehicles will replace one that was declared a total loss following a December 20, 2023 traffic crash along with those that are being removed from service through sale or other means of disposal. OTHER OPTIONS 1) Purchase the additional police vehicles outright at a cost of $441,601.46. FISCAL IMPACT The FY23/24 lease obligation of $50,772.54 (6 months) provided by Bancorp is based upon a lease purchase option for public safety vehicles. If the City Commission approves the vehicle lease agreement, the City is committed to a yearly lease payment of $101,545.08 for the sixty (60) month lease. If revenues are insufficient in future years, the City has the option to return the vehicles under the non-appropriation of funds clause. If it becomes necessary to exercise this option, the Police Department would suffer the loss of the vehicles. [End Agenda Memo] 7.III. Grant Application - Rebuilding American Infrastructure With Sustainability And Equity 2024 [Begin Agenda Memo] SYNOPSIS: Last year the city commission authorized the submittal of the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program grant application. The city was not awarded the grant in the 2023 round but were encouraged to resubmit. RECOMMENDATION: Staff recommends that the Commission: 1) Approve the RAISE Grant Application to be submitted. 2) Authorize the City Manager to sign any necessary documents BACKGROUND: This grant application is for the Complete Streets redesign of remaining portions of 1st Street, Central Avenue, and Lincoln Avenue. These projects are part of the adopted “Lake Wales Connected: The Downtown Revitalization Plan”. The Grant Application seeks a 100% funding for the total project costs of 22,930,000. This amount is less than the 2023 application as part of 1st Street is being developed by Community Project Funding. See page two of the project Budget for a map of the area to be completed. Awards are announced  portions of 1st Street, Central Avenue, and Lincoln Avenue. These projects are part of the adopted “Lake Wales Connected: The Downtown Revitalization Plan”. The Grant Application seeks a 100% funding for the total project costs of 22,930,000. This amount is less than the 2023 application as part of 1st Street is being developed by Community Project Funding. See page two of the project Budget for a map of the area to be completed. Awards are announced by June 27th. FISCAL IMPACT See attached statement from finance department. [End Agenda Memo] 7.IV. Water Treatment Building Repairs And Renovations [Begin Agenda Memo] [Begin Agenda Memo] SYNOPSIS: Parlier + Crews Architects, P.A. submitted a proposal for full architectural and engineering services for repairs and renovations at the Water Treatment Building at 138 E. Sessoms Ave. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action: 1. Approve the Design Professional Fee Proposal with Parlier + Crews Architect, P.A. for $60,000.00. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND On September 28, 2022, Hurricane Ian hit the state of Florida including the City of Lake Wales. The hurricane caused damage to the Water Treatment Building’s exterior metal panel walls on the north and east side of building and damage to the roof. This proposal is split into 2 phases. First phase is for the design of the exterior envelope of the building and the second phase will be for the interior renovation/build-out. Currently the City of Lake Wales is working with the Federal Emergency Management Agency (FEMA) for up to 75% reimbursement of the damage caused by Hurricane Ian. The first phase will cover the design work that FEMA will use as a basis for reimbursement for the repairs to the exterior of the building. The second phase will be for the design of the interior renovation so that the Utility Department will be able to use this building for offices, storage and shelter for the chlorine tank. Staff recommends the Commission take the following action, authorize the design and engineering by Parlier + Crews Architect, P.A. for $60,000.00 and authorize the City Manager to execute the appropriate documents on the City’s behalf. OTHER OPTION None. Design work is required in order to have the basis for repair established. Without this first step, moving forward with the FEMA reimbursement will be difficult. FISCAL IMPACT The total for both phases is $60,000.00. The City filed a claim with Florida League of Cities, Inc. for the damage. The claim was approved for $33,586.34, which the City has received. Staff is continuing to with Federal Emergency Management Agency (FEMA) to see whether the repairs will qualify for up to 75% reimbursement of the remaining balance for the damages on phase 1 of this project. If not approved by FEMA then the full remaining balance cost for repairs will come from the Utilities Fund.  FISCAL IMPACT The total for both phases is $60,000.00. The City filed a claim with Florida League of Cities, Inc. for the damage. The claim was approved for $33,586.34, which the City has received. Staff is continuing to with Federal Emergency Management Agency (FEMA) to see whether the repairs will qualify for up to 75% reimbursement of the remaining balance for the damages on phase 1 of this project. If not approved by FEMA then the full remaining balance cost for repairs will come from the Utilities Fund. [End Agenda Memo] 7.V. Sod Sale Agreement [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approving a Sod Sale Agreement, authorizing an agreement with Velma Jackson, LLC to purchase sod from the Lake Wales Municipal Airport. RECOMMENDATION 1. Approve the agreement between The City of Lake Wales and Velma Jackson, LLC to purchase sod from the Lake Wales Municipal Airport. 2. Authorize the Airport Manager to execute the agreement. BACKGROUND Velma Jackson, LLC is looking to cut and remove sod on pallets from acres of land at the Airport that are not utilized right now. They will replace all areas that are cut with grass seed. This agreement is for approximately 30 acres of grass on the northwest side of the airfield. This area is clear of all active runways and taxiways at the Airport and does not interfere with any aeronautical activity. OTHER OPTIONS Do not approve agreement. FISCAL IMPACT The City will profit between $31,200 and $36,000 depending on the quality of grass. [End Agenda Memo] 7.VI. First Amendment To The T-Mobile Wireless Cell Site Lease [Begin Agenda Memo] SYNOPSIS: Renewal of the T-Mobile Cell Site Lease for four (4) five (5) year terms for a total of 20 years. RECOMMENDATION It is recommended that Commission take the following action: 1. Approve the First Amendment to the T-Mobile Wireless Cell Site Lease. 2. Authorize the Mayor to execute the appropriate documents, on the City’s behalf. BACKGROUND The City entered into the original lease with T-Mobile Wireless on June 28, 2000. T-Mobile Wireless desires to continue their long relationship with the City of Lake Wales by requesting the approval of attached First Amendment to their agreement. The First  2. Authorize the Mayor to execute the appropriate documents, on the City’s behalf. BACKGROUND The City entered into the original lease with T-Mobile Wireless on June 28, 2000. T-Mobile Wireless desires to continue their long relationship with the City of Lake Wales by requesting the approval of attached First Amendment to their agreement. The First Amendment stipulates for the renewal of the agreement at the lease rate of $3,500.00 per month. The rent will escalate by 15% at the beginning of the new lease term of September 21, 2030. Staff has predetermined that the modification of the T-Mobile Cell Site lease amendment will not interfere with any of the daily operational activity. Staff recommends the Commission take the following action, approve the First Amendment to the T-Mobile Wireless Cell Site Lease and authorize the Mayor to execute the appropriate documents, on the City’s behalf. OTHER OPTIONS The Commission could choose not to approve the amendment to renew the T-Mobile Cell Site Lease. FISCAL IMPACT The provider pays an annual lease of $42,000.00. [End Agenda Memo] 8. OLD BUSINESS 8.I. ORDINANCE 2023-36 Future Land Use Map Amendment For 76.95 Acres Of Land North Of Burns Ave And West Of Buck Moore Road/Mammoth Grove Road. 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Dave Schmitt, P.E., 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 76.95 acres. RECOMMENDATION Staff recommends adoption at second reading, following a public hearing, to reassign the following Future Land Use Designation, as recommended by the Planning and Zoning Board at a regular meeting on November 28, 2023: Current Land Use: LDR - Low Density Residential (5 units per acre) Proposed Land Use: MDR - Medium Density Residential (12 units per acre) Staff finds that Medium Density Residential is compatible with the surrounding designations and uses, is consistent with Policy I.1.2.13 of the Comprehensive Plan, allows for the continued development of existing single-family and multi-family neighborhoods, and may encourage the redevelopment of declining areas. BACKGROUND The subject property is located north of Burns Avenue and west of Mammoth Grove Road/Buck Moore Road. The applicant has worked with City Planning Staff to design a mixed-use neighborhood, including a mix of both front-loaded and alley-loaded single family homes and townhomes, multi-family, and a support commercial component. In order to achieve the design and maximize the site’s potential, the proposed density exceeds the maximum allowed in the LDR – Low Density Residential land use category by 1.76 acres per unit for a density of 6.76 units per acre; therefore, MDR – Medium Density Residential is requested and supported by Staff. homes and townhomes, multi-family, and a support commercial component. In order to achieve the design and maximize the site’s potential, the proposed density exceeds the maximum allowed in the LDR – Low Density Residential land use category by 1.76 acres per unit for a density of 6.76 units per acre; therefore, MDR – Medium Density Residential is requested and supported by Staff. City Commission approved Ordinance 2023-36 at first reading at a regular meeting on December 19, 2023. The proposed amendment was transmitted to the Department of Economic Opportunity for review. The State completed its review with no opposition to the amendment. Comprehensive Plan: MDR Policy I.1.2.13 The primary function of the Medium Density Residential (MDR) classification is to provide areas for housing in compatible groupings at a density of up to 12 units per gross acre. A density bonus of up to 33% may be granted for an affordable housing development meeting current federal criteria for affordability in Polk County, provided that the development is located in a multi-family zoning district, has in excess of 12 units, and provided the requirements for open space, recreation, buffers, pervious area and parking are not reduced. The MDR classification is intended to preserve the character of existing single-family residential areas and to allow the continued development of these areas. It is also intended to encourage redevelopment of declining residential areas and to allow a variety of housing types on vacant lands within a half-mile of commercial areas and arterial highways. Location criteria: The MDR designation is appropriate for lands within a half mile of arterial roadways and CACs-Community Activity Centers and RACs-Regional Activity Centers. MDR should also be assigned to existing residential areas with densities greater than 5 and up to 12 units per acre on average. Typical uses: Housing up to 12 units per gross acre. Single-family houses. Two- and three- family units, townhomes, and 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. Clustering of units is encouraged to preserve open space and natural resources. 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 .40. Analysis of Surrounding Area: North: Vacant land/land trust. West: Carillon Place multi-family housing complex; Land Use Designation: MDR; Density – 11 units/acre South: Woodland Hills single-family residential neighborhood; Land Use Designation: LDR; Density – approximately 4 units/acre Southeast: Vacant land; Land Use Designation: NAC Neighborhood Activity Center East: Florida Rock Industries mining sites; Land Use Designation: LDR Density – approximately 4 units/acre Southeast: Vacant land; Land Use Designation: NAC Neighborhood Activity Center East: Florida Rock Industries mining sites; Land Use Designation: LDR CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns Future Land Use designations by ordinance upon a recommendation from the Planning & Zoning Board. The proposed Future Land Use Amendment ordinance is transmitted to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews whether or not the proposed amendment is compatible with the City’s Comprehensive Plan. FISCAL IMPACT Assignment would enable the future development of a mixed-use neighborhood proposed on the property, including single-family attached, single-family detached, multi-family, and support commercial uses. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-36 by title only. ORDINANCE 2023-36 (Large-Scale CPA/Future Land Use Map Amendment for approximately 76.95 acres of land north of Burns Ave and west of Buck Moore Road/Mammoth Grove Road.) AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO REASSIGN A LAND USE DESIGNATION ON APPROXIMATELY 76.95 ACRES OF LAND NORTH OF BURNS AVENUE AND WEST OF BUCK MOORE ROAD/MAMMOTH GROVE ROAD, FROM CITY OF LAKE WALES DESIGNATION LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING David Price, resident, asked the Commission to consider leaving space on Burns Ave for a possible trail in the future. Funding is available for trails CLOSED PUBLIC HEARING Commissioner Thompson made a motion to adopt ORDINANCE 2023-36 after second reading and public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Krueger "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES"  Commissioner Krueger "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 8.II. ORDINANCE 2023-37 Zoning Map Amendment For 76.95 Acres Of Land North Of Burns Ave And West Of Buck Moore Road/Mammoth Grove Road. 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Dave Schmitt, P.E., authorized agent for owner, requests approval of City Commission to amend the City’s Zoning Map on parcels of land totaling approximately 76.95 acres. RECOMMENDATION Staff recommends adoption at second reading, following a public hearing, to reassign the following Zoning Designation, as recommended by the Planning and Zoning Board at a regular meeting on November 28, 2023: Current Zoning: R-1A Residential Proposed Zoning: R-3 Residential Staff finds that the R-3 Zoning supports the mixed-use nature of the proposed site design, including single-family attached, single-family detached, multi-family, and support commercial, and that the map designation is consistent with the R-3 Zoning to the west. BACKGROUND The subject property is located north of Burns Avenue and west of Mammoth Grove Road/Buck Moore Road. The applicant has worked with City Planning Staff to design a mixed-use neighborhood, including a mix of both front-loaded and alley-loaded single family homes and townhomes, multi-family, and a support commercial component. In order to achieve the design and maximize the site’s potential, the proposed density exceeds the maximum allowed in the LDR – Low Density Residential land use category by 1.76 acres per unit for a density of 6.76 units per acre; therefore, an ordinance to amend the Future Land Use Designation to MDR – Medium Density Residential has also been advanced by Staff. A supporting R-3 Zoning Designation allows for the mix of housing types and uses proposed within the development. City Commission approved Ordinance 2023-37 at first reading at a regular meeting on December 19, 2023. The proposed corresponding future land use map amendment was transmitted to the Department of Economic Opportunity for review. The State completed its review with no opposition to the amendment. Zoning: R-3 Residential R-3 zoning is designed to support a mix of housing types, including multi-family and single-family residential. R-3 Zoning allows multi-family development through the PDP process. Analysis of Surrounding Area: North: Vacant land/land trust. allows multi-family development through the PDP process. Analysis of Surrounding Area: North: Vacant land/land trust. West: Carillon Place multi-family housing complex; Zoning – R-3 Residential South: Woodland Hills single-family residential neighborhood; Zoning – R-1B Southeast: Vacant land; Zoning – R-1A and C-4 Neighborhood Commercial East: Florida Rock Industries mining sites; Zoning – R-1A CODE REFERENCES AND REVIEW CRITERIA The City Commission approves Zoning Map Amendments by ordinance upon a recommendation from the Planning & Zoning Board. FISCAL IMPACT Assignment would enable the future development of a mixed-use neighborhood proposed on the property, including single-family attached, single-family detached, multi-family, and support commercial uses. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-37 by title only. ORDINANCE 2023-37 (Zoning Map Amendment for approximately 76.95 acres of land north of Burns Ave and west of Buck Moore Road/Mammoth Grove Road.) AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE ZONING MAP TO REASSIGN A ZONING DESIGNATION ON APPROXIMATELY 76.95 ACRES OF LAND NORTH OF BURNS AVENUE AND WEST OF BUCK MOORE ROAD/MAMMOTH GROVE ROAD, FROM CITY OF LAKE WALES DESIGNATION OF RESIDENTIAL (R-1A) TO RESIDENTIAL (R-3); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson made a motion to adopt ORDINANCE 2023-37 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"  Commissioner Williams "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 8.III. ORDINANCE 2023-39 Large-Scale Future Land Use Amendment For 67.73 Acres Of Land South Of Lake Bella Road And East Of US Highway 27, 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Property owners, Rama Food Mart LLC, Mckenna Brothers Inc, Hunt Bros Inc, E N C Inc, and Ronald McCall, request approval of City Commission to amend the Future Land Use Map of the Comprehensive Plan on parcels of land totaling approximately 67.73 acres. RECOMMENDATION Staff recommends adoption at second reading, following a public hearing to re-assign the following land use designations, as recommended by the Planning and Zoning Board, at a regular meeting on August 23, 2022: Current Land Use: Polk County Polk County Linear Commercial Corridor (LCC), & Agriculture/Rural Residential (A/RR) Proposed Land Use: Limited Commercial Industrial (LCI) – 8.54 acres, Low Density Residential (LDR) – 59.19 acres BACKGROUND The subject properties are located south of Lake Bella Road and east of US Highway 27. These parcels are adjacent to city limits on the above-mentioned parcels’ western and northernmost boundaries, and is situated northwest of Blue Lake and approximately a half mile south of the Longleaf Business Park. The westernmost subject parcels along US Highway 27, comprising of 8.54 acres owned by Rama Food Mart LLC, have a proposed land use designation of Limited Commercial Industrial (LCI). The proposed land use designation is compatible with the adjacent properties to the north that have City land use and zoning designations of Business Park Center/Business Park. A portion of the 8.54 acres have a county designation of LCC Linear Commercial Corridor, and is consistent with County LCCX designations on parcels west, and immediately adjacent to, US Highway 27. The remaining 59.19 acres have a proposed land use of Low Density Residential and zoning designation of R-1A. Designations for the 59.19 acres of land are consistent with the surrounding county lands, designated as Agriculture/Residential Rural where residential uses exist around Blue Lake. The owners, Rama Food Mart LLC, Mckenna Brothers Inc, Hunt Bros Inc, E N C Inc, and Ronald McCall, petitioned annexation into the corporate city limits of Lake Wales in November and December of 2021. The annexation has since been approved and adopted by City Commission at a regular meeting on May 16, 2023. Submitted with the annexation petitions were applications for land use and zoning amendments. There are no immediate development plans for these parcels. However, if development is contemplated for this property, the developer or owner would be required to engage in conversations with the city to discuss development processes. Commission at a regular meeting on May 16, 2023. Submitted with the annexation petitions were applications for land use and zoning amendments. There are no immediate development plans for these parcels. However, if development is contemplated for this property, the developer or owner would be required to engage in conversations with the city to discuss development processes. The Planning and Zoning Board recommended approval of the proposed land use and zoning amendments for the above-mentioned properties, at a regular meeting on August 23, 2022. At a regular City Commission meeting on September 20, 2022, the amendments were heard and approved at first reading. Upon approval of the first reading, the future land use map amendment was transmitted to the Department of Economic Opportunity (DEO) for review. In between the first and second reading, the item was continued on multiple occasions to ensure agent representation for the requests were present, and that proper legal advertisement and notification were given. City Commission adopted after second reading a public hearing, the annexation, future land use, and zoning designations at a regular meeting on May 16, 2023. The adoption packet for the future land use map amendment was then transmitted to DEO. Florida Statutes 163.3184 outlines the process for comprehensive plan amendments, time allotted for review, and requirements for how soon the adoption hearing must be held upon review. There were no significant comments regarding the proposed amendment; however, DEO notified the City that the time between the initial proposed transmittal review and final adoption transmittal review had surpassed the maximum 180 days. The annexation and zoning amendment have been adopted and approved, but Ordinance 2023-39 is being heard before City Commission to satisfy the timing requirements of the review. City Commission approved Ordinance 2023-39 at first reading at a regular meeting on December 19, 2023. The proposed amendment was transmitted to the Department of Economic Opportunity for review. The State completed its review with no opposition to the amendment. Policy I.1.2.10 Limited Commercial-Industrial (LCI) The primary function of the Limited Commercial-Industrial classification is to allow low traffic generating commercial and industrial uses fronting on major roadways that will not result in commercial strip development. Location criteria: This classification will be used along major roadways outside of Commercial Activity Centers (CACs) and Regional Activity Centers (RACs). Policy I.1.2.12 Low Density Residential (LDR) 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.  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. 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 Future Land Use assignment would enable the future development of these properties, potentially increasing the property values and tax revenue. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-39 by title only. ORDINANCE 2023-39 (Large-Scale CPA/Future Land Use Map Amendment for approximately 67.73 acres of land south of Lake Bella Road and east of US Highway 27.) AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO ASSIGN A LAND USE DESIGNATION ON APPROXIMATELY 67.73 ACRES SOUTH OF LAKE BELLA ROAD AND EAST OF US HIGHWAY 27, POLK COUNTY DESIGNATION OF AGRICULTURE/RESIDENTIAL RURAL (A/RR) AND LINEAR COMMERCIAL CENTER (LCC) TO CITY OF LAKE WALES DESIGNATION LOW-DENSITY RESIDENTIAL (LDR) AND LIMITED COMMERCIAL INDUSTRIAL (LCI); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Krueger made a motion to adopt ORDINANCE 2023-39 after second 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. 8.IV. ORDINANCE 2023-36 Library Room Rental Fees – 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS Ordinance 2023-36 will change the rental fees for the meeting room at the Lake Wales Public Library.  8.IV. ORDINANCE 2023-36 Library Room Rental Fees – 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS Ordinance 2023-36 will change the rental fees for the meeting room at the Lake Wales Public Library. RECOMMENDATION Staff recommends adoption of Ordinance 2023-36 after second reading and public hearing. BACKGROUND Staff has found that the current room reservation rates for the Schoenoff Meeting Room at the Lake Wales Public Library are currently too high. Staff proposed a reduction in the rate. At the Work Session, Commission members suggested that the Ordinance be amended to allow the Library director to set the rates. OTHER OPTIONS Do not approve the Ordinance or recommend changes. FISCAL IMPACT No immediate impact. Revenue from rental of the room may change. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2023-36 by title only. ORDINANCE 2023-36 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING LAKE WALES CODE OF ORDINANCES CHAPTER 18, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES BY CHANGING THE COST OF RENTALS FOR LAKE WALES LIBRARY SCHOENOFF MEETING ROOM AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson made a motion to adopt ORDINANCE 2023-36 after second reading and public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Krueger "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 9. NEW BUSINESS 9.I. Grove Village Estates - Preliminary Subdivision Plat Approval / Special Exception Use Permit Approval For A Residential Planned Development Project (PDP) - Public Hearing  Motion passed 5-0. 9. NEW BUSINESS 9.I. Grove Village Estates - Preliminary Subdivision Plat Approval / Special Exception Use Permit Approval For A Residential Planned Development Project (PDP) - Public Hearing [Begin Agenda Memo] SUBJECT: Preliminary Subdivision Plat Approval / Special Exception Use Permit Approval for a Residential Planned Development Project (PDP) PID: 272910-000000-044040 Grove Village Estates PUBLIC HEARING – Requirements have been met. SYNOPSIS: Sarah Case, authorized agent for owner, is requesting approval of City Commission, for an 85-unit Preliminary Subdivision Plat and a Special Exception Use Permit for a Residential PDP on approximately 17.23 acres of land south of Waverly Road, and west of C F Kinney Road. RECOMMENDATION: Staff supports a recommendation of approval to City Commission, as recommended by the Planning and Zoning Board at the January 23, 2024 regular meeting, for the Special Exception Use Permit for a Planned Development Project (PDP) and Preliminary Subdivision Plat, with waivers of strict compliance and conditions of approval, finding that the proposed development is superior in design when compared to a standard subdivision, and that the neighborhood generally aligns with Planning in Progress Resolution 2023-02. BACKGROUND INFORMATION: The subject property, comprised of approximately 17.23 acres of vacant land, is situated south of Waverly Road and west of C F Kinney Road. On the southern side and immediately adjacent to the site is a single-family residential development known as Leoma’s Landing. There are existing single-family residential homes to the north of the proposed development. The property is within the corporate City Limits of Lake Wales. The current land use designation is LDR Low Density Residential and the current zoning designation is R1C. Adjacent properties to the south of the subject parcel, including the existing Grove Village Estates PDP multifamily development known as Preserve Apartments, have a land use designation of LDR and zoning designation of R-3. Maximum density allowed on this parcel of land is calculated up to 5 units per gross acre, or 86 dwelling units, under the Comprehensive Plan for LDR Low-Density Residential. A density of 4.93 dwelling units per acre, or 85 dwelling units, is proposed. The proposed residential subdivision is designed as a Planned Development Project (PDP), including requested Waivers of Strict Compliance. The development provides 55 single-family detached lots and 30 townhome units. A waiver package has been submitted requesting deviations from the underlying R-1C dimensional and area standards for each of the housing types, including additional waivers for the overall development from other standards within the Land Development Regulations. ANALYSIS: The site plan for ‘Grove Village Estates’ has been submitted to the City of Lake Wales for approval of a residential Planned Development Project (PDP). This type of development deviates from standard zoning regulations by approving of a Special Exception Use Permit for the PDP, in conjunction with approval of a Preliminary Subdivision Plat. Article IV, Division 4 of the Land Development Regulations outlines the standards, regulations, and design guidelines for Planned Development Projects. Within the PDP process, waivers may be requested to deviate from specific development standards as a part of the approval. Intent of a Planned Development Project include the following: - 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. - 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. Section 23-443.2 outlines design guidelines for Residential PDPs: a. Relationship to surrounding area: the development is not isolated from the surrounding community but is an integral part of the community. b. Overall design: The layout of the development is suited to the configuration and characteristics of the land and integrates natural features into the overall design. c. Neighborhoods: The development establishes identifiable neighborhoods engendering a feeling of belonging. d. Streetscapes: Streetscapes are designed to provide interest and variety; views of the street are attractive from the dwelling units and from the point of view of the pedestrian walking along the street. e. Street system: A well-planned street system establishes coherence to the development, provides safe and efficient circulation for vehicles and pedestrians, and defines neighborhoods. f. Pedestrian circulation: A comprehensive system of sidewalks and bike paths throughout the development connects dwelling units to recreation areas, parking areas, public transportation stops, common buildings, and adjacent neighborhoods, and provides a safe and attractive walking environment for recreational and practical use. g. Focal points and gathering places: Attractive and distinctive focal points and places for residents to gather, meet, and enjoy the outdoors are provided in the development. In keeping with a principle of Frederick Law Olmsted, the best part of the site is kept for the public. h. Landscaping: Landscaping in the development provides visual interest, screening where needed, incorporates existing mature trees and other valuable vegetation, enhances natural features such as wetlands, and minimizes water use. i. Parking and access: Sufficient provision is made for resident and visitor parking and access for services, such as deliveries and garbage pick-up, without street congestion or interference with sidewalks. j. Lighting: Lighting is adequate for safety and enhances the streetscape, residential sites, parking areas, signs, and recreation facilities without being excessive or creating glare. k. Neighborhood scale: Buildings are of appropriate scale for the lot or site and are compatible with adjacent existing or proposed development. l. Privacy, safety, and security: Buildings and neighborhoods are designed to provide privacy, safety, and security for residents. k. Neighborhood scale: Buildings are of appropriate scale for the lot or site and are compatible with adjacent existing or proposed development. l. Privacy, safety, and security: Buildings and neighborhoods are designed to provide privacy, safety, and security for residents. In order to permit a Planned Development Project within an underlying residential zoning district, a Special Exception Use Permit, per Section 23-216, is required, in conjunction with preliminary subdivision plat approval outlined in Section 23-223. The Preliminary PDP Plan approval shall be valid for two years, and at the end of the time, the approval shall expire, unless a complete application for a site development permit has been submitted or a one-year extension is recommended by the Planning and Zoning Board and granted by the City Commission per Section 23-224.4. PLANNING IN PROGRESS RESOLUTION 1. We will seek to assemble an enduring green network of open spaces and conservation lands; The development attempts to assemble an enduring green network of open spaces and pathways that connect throughout the community. Many residential units front upon the open spaces, providing civic interaction while also adhering to minimum code requirements. The subdivision provides a centralized recreation area as well as open spaces and retention ponds along roadways. 2. We will partner with landowners, investors, and the community to encourage input, collaboration, and respect property rights; The property is within the corporate city limits of Lake Wales. The property owner and applicant have willingly worked with Staff, making many revisions to the plan in attempt to better align with the PDP Guidelines and Planning in Progress Aspirations. 3. We will make infill development and revitalization a priority; The site has been annexed into the corporate city limits of Lake Wales and is surrounded by properties within City jurisdiction on its western, southern and eastern sides. While not considered infill development, the subdivision is situated between existing single-family homes to the north and another planned development project known as Leoma’s Landing to the south. To the northeast is a developing solar farm within the City Limits. The subdivision attempts to utilize the area while providing good neighborhood design. 4. We will emphasize economic prosperity by increasing property values through quality development; The development provides a mix of housing types which may meet the housing needs for differing incomes of future residents. A mix of housing may increase potential property values. 5. We will facilitate employment opportunities by supporting a mix of land uses and industries; The development does not directly facilitate employment opportunities; however, the addition of homes may add to economic activity for the area. 6. We will seek to make traditional neighborhoods with walkable, connected streets that create a high-quality public realm the norm; The development provides good neighborhood design by facing a variety of building types along a centralized public area that is connected by pathways and tree-lined streets. This encourages an active public realm and promotes pedestrian friendly designs of a traditional neighborhood. 7. We will discourage conventional urban sprawl as defined in Florida Statutes Chapter 163; and although the site may be arguably at the periphery of City limits, the development will connect to existing water and sewer services and promotes walkability within the neighborhood. Accessibility to commercial services is approximately two miles through Leoma’s Landing and west along Chalet Suzanne Road. 8. We will grow a livable transportation network by implementing the Lake Wales Mobility Plan and including context-sensitive Complete Streets. The project has been designed to infuse complete street elements. These include street trees and sidewalks on both sides of the road, on-street parking, use of alleys, and narrowed driving lanes to slow internal traffic within the development. CONSISTENCY WITH THE COMPREHENSIVE PLAN Policy I.1.2.12 Low Density Residential (LDR) of the Comprehensive Plan 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. parking, use of alleys, and narrowed driving lanes to slow internal traffic within the development. CONSISTENCY WITH THE COMPREHENSIVE PLAN Policy I.1.2.12 Low Density Residential (LDR) of the Comprehensive Plan 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. SPECIFIC DETAILS – Grove Village Estates: ‘Grove Village Estates’ proposes single-family residential lots that deviate from the underlying R-1C dimensional and area standards and has been proposed as a Planned Development Project. Below is a table of what is required of R-1C standard lots and the proposed lot types of this development. REQUIRED R-1C SINGLE FAMILY STANDARDS Standards per table 23-422 Single Family Detached lots Single Family Attached (townhome) lots Minimum lot size 8,000 sq. ft. 4,700 sq. ft. 1,600 sq. ft. Minimum street frontage 50 feet 50 feet 20 feet Minimum lot width at building line 65 feet 50 feet 20 feet Minimum living area 1,200 sq. ft. 1,200 sq. ft. 800 sq. ft. Minimum front setback 0 feet 25 feet 10 feet Functional corner-side setback 0 feet 16 feet 0 feet Minimum side setback 10 feet 5 feet 0 feet Minimum rear setback 15 feet 15 feet 15 feet Maximum lot coverage 60% 80% 80% Maximum building height 35 feet/2.5 stories 35 feet/2.5 stories 35 feet/2.5 stories The development proposes a total of 85 dwelling units, comprising of the following: - 16 out of 85 lots will have front-loaded products on 50’-55’ wide lots. - 69 out of 85 lots will have alley-loaded products for both single-family attached and single-family detached lots. - 4 townhome buildings, either 8-unit attached or 6-unit attached townhomes, containing a total of 30 single-family attached lots. ROADWAYS AND ACCESS: Access to the development is along C F Kinney Road, a County roadway. An access permit from Polk County is required prior to issuance of a Site Development Permit. A traffic study must be reviewed and approved prior to issuance of a Site Development Permit that will determine any potential off-site improvements. The development provides internal sidewalks on both sides of the street, and pathways connecting park areas to internal sidewalks. The neighborhood also includes alleys for alley-loaded single family attached and detached lots. Waivers are being requested to reduce roadway lane widths for internal roads and alleys. Staff supports the reduction of lane widths, as narrow streets can act as an additional traffic calming mechanism and provides additional room for street trees and designated on-street parking stalls. Visitor parking at 1 space per 10 dwelling units has been provided adjacent to the park. LANDSCAPING AND BUFFERING: A detailed landscape plan and plant schedule will be required at Site Development Plan submittal and will be reviewed and approved by Staff and the City’s Horticulturist. All pedestrian ways shall be tree-lined so to provide a comfortable, walkable environment. 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 LANDSCAPING AND BUFFERING: A detailed landscape plan and plant schedule will be required at Site Development Plan submittal and will be reviewed and approved by Staff and the City’s Horticulturist. All pedestrian ways shall be tree-lined so to provide a comfortable, walkable environment. 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. - Drainage retention areas shall be landscaped per Section 23-307.4: Landscaping shall be required along retention areas abutting all travel ways, including streets, accessways, bikeways, sidewalks, and driveways… The buffer shall be landscaped in accordance with a landscaping plan approved by the administrative official and meeting the following minimum requirements… The development provides a 10’ wide landscaping buffer along C F Kinney Road where lots #1-3 have the rear of homes adjacent to the roadway. This buffer includes canopy trees planted every 50 linear feet and a 6’ high hedge. A street tree plan will be required at site development submittal. City Staff, including the City’s Horticulturist, will review and approve specific planting types during site construction plan review, prior to issuance of the Site Development Permit. RECREATION AND OPEN SPACE: Section 23-310 outlines the requirements for recreation space for mini-parks and neighborhood parks, and open space is determined at a minimum of 20% per Section 23- 443. - Neighborhood parks. In all residential developments, recreation areas in the form of neighborhood parks shall be provided at a ratio of one and one-half acre per 400 dwelling units at minimum. Page 8 of 10 - Mini-parks. In all residential developments, recreation areas in the form of miniparks shall be provided at a ratio of one-quarter (¼) acre per four hundred (400) dwelling units at minimum. OPEN SPACE CALCULATION PROVIDED: Retention Ponds 1.58 acres Recreation 1.58 acres Other Open Space 0.79 acres TOTAL 3.95 ACRES (22.9%) • Recreation required: 0.37 acres; Recreation provided: 1.58 acres • Open space required: 20% of site; Open space provided: 22.9% of overall site The development provides a centralized recreation area with proposed amenities such as pathways, a tot lot, gazebo, and a dog park. Most homes within the development face areas of open green space. • Recreation required: 0.37 acres; Recreation provided: 1.58 acres • Open space required: 20% of site; Open space provided: 22.9% of overall site The development provides a centralized recreation area with proposed amenities such as pathways, a tot lot, gazebo, and a dog park. Most homes within the development face areas of open green space. The neighborhood also provides landscaped retention ponds along C F Kinney Road which provides additional views of open space, buffering sides of homes from C F Kinney Road. WAIVERS OF STRICT COMPLIANCE: The applicant requests the following Waivers of Strict Compliance from certain dimensional and area standards in the R-1C zoning district: 1. Waive the minimum roadway lane widths to 10 feet where 12 feet is required by code. 2. Waive parallel parking space widths to 8 feet where 10 feet is required by code. 3. Waive the minimum lot size for single family detached lots to 4,700 sq. ft. where 8,000 sq. ft. is required by code. 4. Waive the minimum lot size for single family attached lots to 1,600 sq. ft. where 8,000 sq. ft. is required by code. 5. Waive the minimum street frontage for single-family attached lots to 20 feet where 50 is required by code. 6. Waive the minimum lot width at building line for single-family detached lots to 50 feet where 65 feet is required by code. 7. Waive the minimum lot width at building line for single-family attached lots to 20 feet where 65 feet is required by code. 8. Waive the minimum living area for single-family attached lots to 800 square feet where 1,200 square feet is required by code. 9. Waive the minimum side setback for single-family detached lots to 5 feet where 10 feet is required by code. 10.Waive the minimum side setback for single-family attached lots to 0 feet where 10 feet is required by code. 11.Waive the maximum lot coverage for all single-family lots to 80% where 60% is allowed by code. FISCAL ANALYSIS: Approval of the preliminary plat and PDP would enable the development of this property and the potential increase in property value. STAFF FINDING: Through analysis of the proposed Planned Development Project, staff finds the following: 1. The site is located within the City’s utility service area and will maximize existing infrastructure investments by connecting to municipal water and sewer. 2. The subdivision provides a mix of housing types to accommodate future resident’s socioeconomic needs. 3. Sidewalks are proposed on both sides of the street and a walking path is included in the subdivision design, promoting walkability and connectivity throughout the neighborhood. 4. The subdivision provides a centrally located recreation area that serves as a focal point for the community and serves as a functional gathering space. 5. The development proposed alley loaded single-family attached and detached lots to promote social 3. Sidewalks are proposed on both sides of the street and a walking path is included in the subdivision design, promoting walkability and connectivity throughout the neighborhood. 4. The subdivision provides a centrally located recreation area that serves as a focal point for the community and serves as a functional gathering space. 5. The development proposed alley loaded single-family attached and detached lots to promote social interaction along the public realm. 6. The proposed PDP is superior in design than that of a subdivision standard to the underlying zoning. 7. The neighborhood design generally aligns with Planning in Progress Resolution 2023-02. SUPPORTING DIAGRAMS, ILLUSTRATIONS, & TABLES: Please see Staff’s PowerPoint presentation. CONDITIONS OF APPROVAL: a. Housing shall adhere to the City’s anti-monotony standards per Section 23- 223.4(g). b. A Detailed Landscape Plan is required at Site Development Plan Submittal and will be reviewed and approved by Staff and the City’s Horticulturist. 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. Front-loaded garages shall be recessed a minimum of five feet from the front expression line for single-family detached homes. 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. Exterior townhome units shall be protruded from interior units to emphasize architectural variance in elevation. g. The traffic study must be approved by the Administrative Official prior to issuance of Site Development Permit. h. The developer must enter into a developer’s agreement, capacity queue agreement and/or utilities agreement with the City, as applicable, and at the administrative official’s discretion. [End agenda Memo] Autumn Cochella, Growth Management Director, reviewed this item. Deputy Mayor Gibson commended staff's efforts in improving the project. Commissioner Krueger made a motion to approve this item. 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"  Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion approved 5-0. 9.II. RESOLUTION 2024-01, Railroad Reimbursement Agreement Grade Crossing Traffic Control Devices With The Florida Department Of Transportation And Florida Midland Railroad [Begin Agenda Memo] Subject: Resolution 2024-01, Railroad Reimbursement Agreement Grade Crossing Traffic Control Devices with the Florida Department of Transportation and Florida Midland Railroad. Synopsis: The City Commission will consider approving Resolution 2024-01, an agreement with FDOT and Florida Midland Railroad to upgrade the Johnson Avenue railroad crossing. RECOMMENDATION 1. Approve Resolution 2024-01, authorizing an agreement between the City of Lake Wales and the Florida Department of Transportation and Florida Midland Railroad for the Railroad Reimbursement Grade Crossing Traffic Control Devices upgrade for the Johnson Avenue railroad crossing. 2. Authorize the Mayor to execute the agreement. BACKGROUND The Florida Department of Transportation notified the city that they would be upgrading the railroad crossing at Johnson Avenue to a Class III railroad crossing. The upgrade will include new flasher and gate type signals equipped with LED lights and pole mounted bells, wired shelter and all required and miscellaneous materials to complete the new signal system. The cost of $328,079.00 for the upgrade will be borne by FDOT. After the upgrade, the city's annual maintenance responsibility will be $1,967.00 annually. Resolution 2024-01 authorizes the mayor to execute the agreement on behalf of the city. FISCAL IMPACT The current fiscal year 23/24 budget is not affected. The fiscal year 24/25 budget will reflect the additional cost for the railroad-crossing program. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2024-01 by title only. RESOLUTION 2024-01 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY AN AGREEMENT BETWEEN THE CITY OF LAKE WALES AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND FLORIDA MIDLAND RAILROAD FOR RAILROAD REIMBURSEMENT AND FOR THE INSTALLATION AND MAINTENANCE OF CERTAIN GRADE CROSSING TRAFFIC ONTROL DEVICES ON JOHNSON AVENUE, FINANCIAL PROJECT NUMBER: 45133715701, CROSSING NUMBER: 625483M Commissioner Thompson made a motion to adopt RESOLUTION 2024-01. Commissioner Williams seconded the motion.  CERTAIN GRADE CROSSING TRAFFIC ONTROL DEVICES ON JOHNSON AVENUE, FINANCIAL PROJECT NUMBER: 45133715701, CROSSING NUMBER: 625483M Commissioner Thompson made a motion to adopt RESOLUTION 2024-01. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Krueger "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 9.III. Resolution 2024-02, Railroad Reimbursement Agreement Grade Crossing Traffic Control Devices With The Florida Department Of Transportation And Florida Midland Railroad. [Begin Agenda Memo] Subject: Resolution 2024-02, Railroad Reimbursement Agreement Grade Crossing Traffic Control Devices with the Florida Department of Transportation and Florida Midland Railroad. Synopsis: The City Commission will consider approving Resolution 2024-02, an agreement with FDOT and Florida Midland Railroad to upgrade the Tillman Avenue railroad crossing. RECOMMENDATION 1. Approve Resolution 2024-02, authorizing an agreement between the City of Lake Wales and the Florida Department of Transportation and Florida Midland Railroad for the Railroad Reimbursement Grade Crossing Traffic Control Devices upgrade for the Tillman Avenue railroad crossing. 2. Authorize the Mayor to execute the agreement. BACKGROUND The Florida Department of Transportation notified the city that they would be upgrading the railroad crossing at Tillman Avenue to a Class III railroad crossing. The upgrade will include new flasher and gate type signals equipped with LED lights and pole mounted bells, wired shelter and all required and miscellaneous materials to complete the new signal system. The cost of $358,533.00 for the upgrade will be borne by FDOT. After the upgrade, the city's annual maintenance responsibility will be $1,967.00 annually. Resolution 2024-02 authorizes the mayor to execute the agreement on behalf of the city. FISCAL IMPACT The current fiscal year 23/24 budget is not affected. The fiscal year 24/25 budget will reflect the additional cost for the railroad-crossing program. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2024-02 by title only.  [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2024-02 by title only. RESOLUTION 2024-02 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY AN AGREEMENT BETWEEN THE CITY OF LAKE WALES AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND FLORIDA MIDLAND RAILROAD FOR RAILROAD REIMBURSEMENT AND FOR THE INSTALLATION AND MAINTENANCE OF CERTAIN GRADE CROSSING TRAFFIC CONTROL DEVICES ON TILLMAN AVENUE, FINANCIAL PROJECT NUMBER:45133515701, CROSSING NUMBER: 625482F Commissioner Thompson made a motion to adopt RESOLUTION 2024-02. 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 approved 5-0. 9.IV. Resolution 2024-04, Recreation Trails Program Grant – Tower Boulevard [Begin Agenda Memo] SYNOPSIS This application to the State of Florida, Department of Environmental Protection, Office of Greenways and Trails for eligible project costs totaling $205,000 to resurface the trail around the lake and to improve the trail parking lot. A required City match contribution will consist of $51,250 of cash and in-kind services. This application is due March 1, 2024. RECOMMENDATION Staff Recommends: 1. Adoption of Resolution 2024-04 adding the trail and improvements to the Capital Improvement Plan. 2. Approval of Lake Wales Tower Blvd Trail Grant application 3. Authorize the City Manager (or designee) to sign all grant application related materials. BACKGROUND The scope for the project is to construct an approximately 2,400 ft long 12’ wide trail along Tower Boulevard, connecting Lake Wailes Trail, Rails to Trails, the future Kiwanis Park Loop Trail to Bok Tower Gardens. This project also includes benches, trash receptacles, and other amenities. OTHER OPTIONS Do not apply for the grant FISCAL IMPACT If the grant application is approved, the City’s costs towards this project would be $60,000 in Fiscal Year 2025’26. The City’s funding source would consist of $51,250. [End Agenda Memo]  OTHER OPTIONS Do not apply for the grant FISCAL IMPACT If the grant application is approved, the City’s costs towards this project would be $60,000 in Fiscal Year 2025’26. The City’s funding source would consist of $51,250. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2024-04 by title only. RESOLUTION 2024-04 Tower Boulevard Trail – RTP Grant A RESOLUTION OF THE CITY COMMISSION OF LAKE WALES, POLK COUNTY, FLORIDA, COMMITTING THE CITY TO AMEND ITS CAPITAL IMPROVEMENTS PROGRAM TO ADD A PROJECT ENTITLED “TOWER BOULEVARD TRAIL” ALLOCATING TWO HUNDRED AND NINETY- THREE THOUSAND TWO HUNDRED AND FIFTY DOLLARS IN CITY FUNDS. OPENED PUBLIC COMMENT David Price, resident, recommended a plan for trails in Lake Wales. CLOSED PUBLIC COMMENT Commissioner Williams made a motion to adopt RESOLUTION 2024-04. Commissioner Thompson seconded the motion. by roll call vote: Commissioner Williams "YES" Commissioner Thompson "YES" Commissioner Krueger "YES" Deputy Mayor Gibson "YES" Mayor Hilligoss "YES" Motion passed 5-0. 10. CITY ATTORNEY Albert Galloway, Jr., City Attorney, reported on the CRA expansion. The county attorney said it seems like the City has acquiesced to the fact that we are subject to the County's CRA policy. Mr. Galloway said he believes that isn't the case the Florida Statute says it doesn't apply. They can't control our CRA plan or expansion. There are additional hoops to jump through. When the City made its presentation, the county adopted a Resolution objecting to how the money would be spent and the study that was done on slum and blight. They met with the County manager and attorney so we know where we are. The County Commission and CRA need to have a joint meeting. There is a proposed meeting on March 12. There may be litigation. Deputy Mayor Gibson wrote a letter to the City Attorney and City Manager about our strategy here. Mr. Galloway said he made it clear to the County Attorney today that we do not agree with the track we are going down. This can be fleshed out at the joint meeting. Deputy Mayor Gibson said we should not go along with the procedure because we are grandfathered in. That procedure would be if we were not grandfathered in. We need to be clear on our position from the beginning. We need to eliminate this risk. We should be courteous in dealing with the County. This is going to go to litigation and we need to be in the strongest possible position. Mr. Galloway said his letter states that we consider ourselves grandfathered in. Commissioner Krueger said it doesn't sound like we need to go into negotiation. Commissioner Thompson said it doesn't sound like the County is interested in negotiation. Deputy Mayor Gibson agreed that they are not. Mayor Hilligoss asked what to do next. Mr. Galloway said next is this joint meeting. Deputy Mayor Gibson said there should not be a meeting as we might lose our claim to grandfather status. We clearly have the  Commissioner Krueger said it doesn't sound like we need to go into negotiation. Commissioner Thompson said it doesn't sound like the County is interested in negotiation. Deputy Mayor Gibson agreed that they are not. Mayor Hilligoss asked what to do next. Mr. Galloway said next is this joint meeting. Deputy Mayor Gibson said there should not be a meeting as we might lose our claim to grandfather status. We clearly have the right to do what we are doing. This is a risk. Mayor Hilligoss asked the Deputy Mayor what we should do. Deputy Mayor Gibson said the City Manager should write a letter stating our position before we move forward. Mr. Galloway said we will do this. Mayor Hilligoss said we can agree to that meeting once the letter has been sent. Deputy Mayor Gibson agreed to this. The commission gave consensus to the letter and the meeting. 11. CITY MANAGER James Slaton, City Manager, reported that we have approval from the funding agency to move forward with the sidewalk project in the northwest section. This will go out to bid soon. Mr. Slaton said there are plans for a Parents Night out at the Recreation Center twice a month. Mr. Slaton said that he will work with BizLinc on reviewing their contract. 12. CITY COMMISSION COMMENTS Commissioner Krueger said he visited the incubator in Tampa and has visited the operation here. He was impressed in both instances. Commissioner Williams said that the negative accusations against the Commission are hurtful. He asked everyone to come together. It is a few people that cause the commotion. He will continue to serve as the people who elected him want him to. He said we are changing and growing and we need to work together. Commission Thompson said we know how to push each other's buttons and it should stop. We need to treat each other with respect. We have hard work to do here and he is committed to doing it. He said they have heard from BizLinc two or three times. We don't need reports from the individual businesses. We want to respect property owners rights and work with property owners to get to a yes for what they want to do Deputy Mayor Gibson said he is concerned about Lake Alta and our role in land use which is misunderstood. He will talk about this another time. 13. MAYOR COMMENTS Mayor Hilligoss said he is not sure why BizLinc reports were not available for a public records request. He said he is sure that they will hear another report soon. Mayor Hilligoss stated that Mr. Derrick Blue is not on staff at his church. 14. ADJOURNMENT The meeting was adjourned at 8:20 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk