City Commission Regular Meeting

City Commission Meeting Minutes March 19, 2024 (APPROVED) 3/19/2024 - Minutes 1. INVOCATION Rev MacKay Smith 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. PROCLAMATIONS AND AWARDS 5.I. PROCLAMATION - Child Abuse Prevention Month Mayor Hilligoss proclaimed April as Child Abuse Prevention Month. Kadian Parchment from Heartland for Children accepted the proclamation. 5.II. PROCLAMATION - Lake Wales Cheerleaders Mayor Hilligoss presented a Proclamation recognizing the Lake Wales High School Cheerleading Team for their State Championship. 6. COMMENTS AND PETITIONS James Slaton, City Manager, announced that he has met with Police Chief Chris Velasquez today and that they have discussed the issues and there are still some issues to navigate. Chief Velasquez was cooperative and willing to not repeat the issues that led to his memo to suspend Chief Velasquez. Mr. Slaton said he has rescinded the memo and that Chris Velasquez will continue to serve as Chief of Police. Chris Velasquez, Chief of Police, thanked everyone for their support and pledged to continue to serve and protect this community. Al Goldstein, resident, spoke in support of the City Manager. He has done a good job. He is glad the issue with the Chief has been worked out. Chris Velasquez, Chief of Police, thanked everyone for their support and pledged to continue to serve and protect this community. Al Goldstein, resident, spoke in support of the City Manager. He has done a good job. He is glad the issue with the Chief has been worked out. Matt Para, resident, spoke in favor of the Family Recreation Center. He commended the City for taking it over. Glynnda White, non-resident, spoke in favor of religion in government. Jim Abney, non resident, spoke in favor of citizens participation in local government and civil disagreement. He thanked the Commission for their service. Bruce Francis, non-resident, commended James Slaton for addressing issues with the Police Chief and said he hopes the issue with still be addressed. He recommended a citizen board with professionals to help select a new chief. Ann Richards, resident, commended the good job by the Commission. Most of the citizens approve the work done by the Commission. Debbie Coffin, resident, spoke of the importance of her faith. Fay Wood, resident, expressed support for Lake Wales and decisions by the City Commission. She expressed support for Police Chief Velasquez. Terry Christian, resident, spoke on addressing ugliness in Lake Wales and the importance of everyone having their voice heard. Mildred Juniper, non-resident, shared some of her background and volunteer efforts in Lake Wales. Joe Settle, resident, spoke about the limited parking on Stuart Ave while Park Avenue is under construction. Bud Colburn, resident, spoke against criticisms and personal attacks against the Commission. Narvell Peterson, resident and property owner, spoke on the importance of promoting those that look like him to boards and to positions in the Police Department. The time for public comment, 45 minutes, expired. Mayor Hilligoss made a motion to extend the time 15 minutes. Deputy Mayor Gibson seconded the motion. by voice vote: All "Yes" Motion passed 5-0. Cassandra Ulysse, resident, said the Chief needs to interact more with the Black Community. She shared concerns about the Lake Wales Police Department, that they don't trust the Lake Wales Police Department. TJ McKeon, resident, said he represents the Police Pension board. He commended the work of the Commission, City Manager, and Chief of Police. Q Williams, resident, shared concerns about the recruitment and hiring process at the City. She share copies of resumes, applications and emails with City staff. Charlene Bennett, resident, spoke against public prayer. Richard McKinley, resident, shared concerns about division in the Community. He said everyone has a right  Q Williams, resident, shared concerns about the recruitment and hiring process at the City. She share copies of resumes, applications and emails with City staff. Charlene Bennett, resident, spoke against public prayer. Richard McKinley, resident, shared concerns about division in the Community. He said everyone has a right to be heard. Mayor Hilligoss called a recess at 7:24p.m. The meeting was reconvened at 7:29p.m. 7. 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 approved 5-0. 7.I. Minutes - March 5, 12, & 13, 2024 7.II. Rescheduling First City Commission Meeting In April [Begin Agenda Memo] SYNOPSIS: It is necessary for the City Commission to reschedule its first meeting in April due to the April 2, 2024 Municipal Election RECOMMENDATION It is recommended that the City Commission take the following action: 1. Reschedule the first City Commission meeting in April from 6:00 p.m., Tuesday, April 2, 2024 to 6:00 p.m., Wednesday, April 3, 2024 due to the April 2, 2024 Municipal Election. BACKGROUND Pursuant to authority provided by F.S. § 100.3605, the City adopted the first Tuesday in April as the date for all regular city elections to fill the office of city commissioner. The City’s election this year is on Tuesday, April 2, 2024, which is the same day as the first regular scheduled Commission meeting in April. It is necessary for the Commission to reschedule its first Commission meeting in April from 6:00 p.m., Tuesday, April 2, 2024 to 6:00 p.m., Wednesday, April 3, 2024. OTHER OPTIONS The Commission could choose another date. FISCAL IMPACT There is no fiscal Impact [End Agenda Memo]  OTHER OPTIONS The Commission could choose another date. FISCAL IMPACT There is no fiscal Impact [End Agenda Memo] 7.III. Purchase Two (2) Squeeze Golf Carts [Begin Agenda Memo] SYNOPSIS: The City Commission will consider purchase of Squeeze golf carts from Citrus Connection. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the purchase of two (2) Squeeze golf carts. 2. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND At the February 13, 2024 Community Redevelopment Agency (CRA) Board Meeting, Citrus Connection gave a presentation regarding their Squeeze Service. The Lake Wales Circulator was added in October 2023, and this new service would help to address connectivity Downtown during construction. The CRA Board gave consensus to pursue a 1- year pilot program for the new service. This service will be a 4-way partnership with Main Street, Citrus Connection, Lake Wales CRA, and the City of Lake Wales. The operating agreement will be $56,000 for the first year to run the service. Main Street will cover half of the cost and the CRA will cover the other half. The City’s Multi Modal Impact Fee will cover the purchase of two (2) Squeeze golf carts. After the first year, we will review the numbers to decide whether to continue or expand the service. LAKE WALES CONNECTED PLAN ACTION STEPS Action # Description 68 Explore potential for local shuttle OTHER OPTIONS Do not approve purchase of two (2) Squeeze golf carts. FISCAL IMPACT The fiscal impact is $29,500 from Multi-Modal Impact Fees. [End Agenda Memo] 7.IV. Award Of Bid To JCR Construction & Services, LLC [Begin Agenda Memo] SYNOPSIS: The Tourist Club bathrooms are not ADA compliant. The City’s Public Works Department made a request for bid for the Tourist Club Bathroom Renovations to bring them into compliance. STAFF RECOMMENDATION Staff is recommending the Commission take the following action: 1. Award the bid to JCR Construction & Services, LLC for the Tourist Club Bathroom Renovations.  STAFF RECOMMENDATION Staff is recommending the Commission take the following action: 1. Award the bid to JCR Construction & Services, LLC for the Tourist Club Bathroom Renovations. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf in regards to this purchase. BACKGROUND The Tourist Club is rented out to residents and businesses. It is used for special events, training for city employees, and often times this building has been used by the Board of Elections in the past. The current men’s and women’s bathroom do not meet ADA requirements. The renovations on this project will bring the bathrooms into compliance with ADA requirements. Staff made a request for bid for the Tourist Club Bathroom Renovations, with a bid open date of February 20, 2024. There were four responsive bidders, JCR Construction & Services, LLC, Paul Weaver Construction, LLC, Semco Construction, Inc. Corporation and Grove Construction Corporation, with JCR Construction & Services, LLC being the apparent low bidder at $49,747.50. Therefore, staff recommends the commission approve the following action to award the bid to JCR Construction & Services, LLC. OTHER OPTION Not award the bid and keep the bathrooms in its current condition, continuing to have them non ADA compliant. FISCAL IMPACT The FY 23-24 Capital Budget for Facilities – Tourist Club Restroom Upgrade has $100,000.00 allocated for this renovation. [End Agenda Memo] 7.V. Florida Unified Certification Program Agreement [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approving the Florida Unified Certification Program Agreement for the State of Florida RECOMMENDATION 1. Approve the Florida Unified Certification Program Agreement with the State of Florida. 2. Authorize Amanda Lomneck, Airport Manager, to sign the agreement. BACKGROUND This Agreement establishes the UCP for the State of Florida. It shall maintain processes and programs that conform to the overall certification standards set out in 49 CFR Part 26. Florida’s USDOT recipients share the common goal of creating a level playing field on which DBR firms can compete fairly for USDOT assisted contract awards, while enhancing the administration of the DBE Programs through the exchange of information and coordination of activities. In order to achieve the common goal, Recipients will establish the UCP for the State of Florida. It is required by 49 CFR Park 26 (E) that all USDOT recipients participate in this program. OTHER OPTIONS Do not approve the agreement  activities. In order to achieve the common goal, Recipients will establish the UCP for the State of Florida. It is required by 49 CFR Park 26 (E) that all USDOT recipients participate in this program. OTHER OPTIONS Do not approve the agreement FISCAL IMPACT N/A [End Agenda Memo] 7.VI. Colliers Project Leaders Piggyback Agreement [Begin Agenda Memo] SYNOPSIS: The City Commission will consider entering into an agreement with Colliers Project Leaders for Owner Representation Services for the Northwest Neighborhood Sidewalks Improvement Project. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the Colliers Project Leaders Piggyback Agreement. 2. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND The City of Lake Wales received Community Development Block Grant CARES Act (CDBG-CV) funds in the amount of $1,193,660 to construct sidewalk improvements in the Northwest Neighborhood. In accordance with the program, a door to door household income survey of the service area was conducted. Improvements will include the construction of concrete sidewalks over 3.2 miles for thirteen (13) streets within the neighborhood. As an Owner’s Representative, Colliers focus for the project is to maximize the value of the project and to protect the City’s interests. They will be involved in all stages (i.e pre- construction and construction) of the project and manage all aspects of the construction process. As such, staff is requesting approval to piggyback the contract. Section 2-404 of the City Code and F.S. §287.057 exempts the City from competitive sealed bid requirements when piggybacking another public entity’s competitively bid contract. We currently partner with Colliers Project Leaders on the Park Avenue Streetscape Project. We utilize a lump sum fee schedule, in which the total fee is divided equally over the length of the project. The total fee is based on percentage of the project cost up to 4%. Staff recommends a continuation of a lump sum fee for this project, as well. LAKE WALES CONNECTED PLAN ACTION STEPS Action # Description 11 Construct missing sidewalks in the Northwest Neighborhood: include a sidewalk on a least one side of each street; key connectors should have sidewalks on both sides. 46 Implement Lincoln Avenue improvements (shade trees and plantings 65 Continue to construct missing sidewalks in the Northwest Neighborhood  46 Implement Lincoln Avenue improvements (shade trees and plantings 65 Continue to construct missing sidewalks in the Northwest Neighborhood OTHER OPTIONS Do not approve the Colliers Project Leaders Piggyback Agreement. FISCAL IMPACT The fiscal impact is $47,746.40 (4% of the total project cost of $1,193,660). [End Agenda Memo] 7.VII. Orange Avenue Watermain Upgrade [Begin Agenda Memo] SYNOPSIS: Staff proposes to install approximately 640 feet of 8-inch DR11 HPDE pipe along Orange Avenue between Wetmore and 1st Street. RECOMMENDATION Staff recommends the Commission take the following action: 1. Approve expending funds of $21,023.27 to Core & Main for the purchase of materials to replace the watermain along Orange Avenue. 2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf. BACKGROUND Staff proposes installing 640 LF of 8” watermain along Orange Avenue. The 8” watermain will replace an existing 2” galvanized line. The installation of a larger watermain will provide sufficient fire flow for businesses along Orange Avenue and will improve pressure for surrounding residents. Staff solicited quotes for material from three vendors, Core & Main, Ferguson, and Hayes Pipe Supply Inc. Core & Main was the responsible lowest bidder. Staff recommends the Commission take the following action, approve expending funds of $21,023.27 to Core & Main for the purchase of material to install the 8” watermain and authorize the City Manager to execute the appropriate documents, on the City’s behalf. OTHER OPTIONS The Commission could deny the expenditure of funds to facilitate this upgrade, but it would cause reduced fire protection in this area. FISCAL IMPACT The funds of $21,023.27 for material will come from FY’23-’24 M&R Water mains budget line item. [End Agenda Memo] 7.VIII. Interlocal Agreement Between The City Of Lake Wales (COLW) And Polk County Utilities (PCU) To Provide Wastewater Treatment For The Crooked Lake Park Sewer Company (CLP) Service Area. [Begin Agenda Memo] SYNOPSIS: PCU would like to take the wastewater treatment plant off line in an attempt to streamline the wastewater treatment process for the area and to eliminate the possibility of further contamination to Crooked Lake. RECOMMENDATION Staff is recommending the Commission take the following action: 1. Approve the interlocal agreement between the City of Lake Wales and Polk County Utilities  further contamination to Crooked Lake. RECOMMENDATION Staff is recommending the Commission take the following action: 1. Approve the interlocal agreement between the City of Lake Wales and Polk County Utilities for the treatment of wastewater for the Crooked Lake Park Service Area. 2. Authorize the Mayor to execute the appropriate documents, on the City’s behalf. BACKGROUND The Crooked Lake Park Sewer Company service area is billed for sewer by the City of Lake Wales through an agreement with PCU that was approved by the Commission on 3/15/2022. Since that time, PCU has been working diligently to make improvements to the sewer system with the intention of taking the wastewater plant off line. The County has proposed to repair and improve the CLP Wastewater System so it complies with Florida Department of Environmental Protection requirements and install a wastewater force main from the Crooked Lake Park subdivision to a connection point with the Lake Wales Wastewater System. The County now wishes to secure long-term wholesale wastewater service from the City to serve the CLP Wastewater System in accordance with the terms and conditions of the attached agreement. City and Polk County Staff worked together to come to an agreement that would be beneficial to both parties, and give the residents a reliable solution for their wastewater treatment and disposal. The City currently has the treatment and disposal capacity to provide wholesale wastewater service for the wastewater generated from the CLP Wastewater System in accordance with the terms and conditions of the Agreement. Once the CLP Wastewater System is connected to the City Wastewater System, the City shall continuously provide Wholesale Wastewater Service for the CLP Wastewater System whose wastewater flow shall not exceed 81,360 GPD. The City has sufficient capacity to fulfill this request. Staff recommends the Commission take the following action, approve the interlocal agreement between the City of Lake Wales and Polk County Utilities for wholesale wastewater treatment and authorize the Mayor to execute the appropriate documents, on the City’s behalf. OTHER OPTIONS The Commission could deny the interlocal agreement leaving Polk County Utilities without a means for wastewater treatment and disposal for the residents in the CLP wastewater service area. FISCAL IMPACT PCU will pay impact fees for the capacity they will be requiring and monthly usage fees for service. [End Agenda Memo] 7.IX. Recreational Trails Program Grant Agreement – Kiwanis Park Looping Trail [Begin Agenda Memo] SYNOPSIS: The city applied for this grant last year and has been awarded the grant. The grant agreement needs to be approved. RECOMMENDATION: Staff Recommends: 1. That the City Commission approve the grant agreement. 2. That the Commission authorize the city manager to execute the grant agreement.  RECOMMENDATION: Staff Recommends: 1. That the City Commission approve the grant agreement. 2. That the Commission authorize the city manager to execute the grant agreement. BACKGROUND The Kiwanis Park Trail Loop (Project) will install a 12-foot wide multi-use asphalt trail along 2,400 lineal feet of the east, west, and southern borders of Kiwanis Park. It will provide connectivity between the already established “Lake Wales Trailways Trail" (constructed with previous funding through RTP) and the "Lake Wales Trail" - two Florida Greenways and Trails System designated trails. The Project trail will be ADA accessible and provide access to Kiwanis Park's soccer field, and skate park. It will also install a crosswalk with rectangular rapid flashing beacons (RRFB) where the trail crosses N. Lakeshore Blvd. to connect with the Lake Wales Trail to facilitate safe user crossing. Additionally, 817 lineal feet of chain link fence will be replaced along the southwestern quadrant of Kiwanis Park. FISCAL IMPACT The award is for $174,080 with a city match of $43,520. [End Agenda Memo] 7.X. Revision Request: Special Event Permit Application: Lake Wales Live! 2023 - 2024 [Begin Agenda Memo] SYNOPSIS This is a request from the Lake Wales Arts Council to modify the street closing for the series of music events downtown, called Lake Wales Live, from Orange Avenue to the Downtown Park. This revision will affect the March 15, April 5, and May 3, 2024 event dates. These events include serving alcohol. RECOMMENDATION Staff recommends 1. That the City approve the modified closure request of Cypress Garden Lane between Crystal Ave and Park Ave from 12:00 p.m. – 9:00 p.m. 2. That the City approve the modified boundaries for alcohol. BACKGROUND The Lake Wales Arts Council has requested a change to its Special Event Permit Application to host Lake Wales Live events at the Downtown linear Park. They request closure of Cypress Garden Lane between Crystal Ave & Park Ave from 12:00 p.m. – 9:00 p.m. This event will feature live music, food trucks and alcohol sales. Alcohol will be served by a vendor. The event dates in 2024 are March 15, April 5 and May 3. OTHER OPTIONS Do not approve the modification. FISCAL IMPACT None. [End Agenda Memo] 8. OLD BUSINESS 9. NEW BUSINESS 9.I. Ordinance 2024-04 Annexation – 1st Reading And Public Hearing Approximately 34.72 +/- Acres Of Land North Of Lake Bella Road, East Of Highway 27, And South Of Hunt Brothers Road 8. OLD BUSINESS 9. NEW BUSINESS 9.I. Ordinance 2024-04 Annexation – 1st Reading And Public Hearing Approximately 34.72 +/- Acres Of Land North Of Lake Bella Road, East Of Highway 27, And South Of Hunt Brothers Road [Begin Agenda Memo] SYNOPSIS: Ordinance 2024-04 proposes the voluntary annexation of approximately 34.72 acres of land north of Lake Bella Road, east of Highway 27, and south of Hunt Brothers Road, and contiguous to the incorporated City limits. RECOMMENDATION Staff recommends approval at first reading of Ordinance 2024-04 following a public hearing, finding that the subject properties are contiguous to the corporate city limits of Lake Wales and are within our Utility Service Area. A recommendation from the Planning and Zoning Board is not required for an annexation ordinance. BACKGROUND The Murphy Family and Dorothy One, LLC, owners, petitioned annexation into the corporate city limits of Lake Wales on December 11, 2023. “Attachment A” to the ordinance shows the property’s location. It is contiguous to the City Limits along its southern-most boundary. No development is contemplated at this time. OTHER OPTIONS Decline to annex the property. FISCAL IMPACT The annexation will add to the City’s tax roll, bringing in additional property taxes for the properties valued at a total of $491,475. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-04 by title only. ORDINANCE 2024-04 (Annexation – approximately 34.72 +/- acres of land north of Lake Bella Road, east of Highway 27, and south of Hunt Brothers Road.) Parcel ID: 273024-000000-033050, 273013-000000-044060, 273023-000000-011010, & 273023-000000-011020 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 34.72 +/- ACRES OF LAND NORTH OF LAKE BELLA ROAD, EAST OF HIGHWAY 27, AND SOUTH OF HUNT BROTHERS ROAD, AND CONTIGUOUS TO THE INCORPORATED TERRITORY OF THE CITY OF LAKE WALES, SHOWN ON ATTACHMENT “A” AND SPECIFICALLY DESCRIBED HEREIN; GIVING THE CITY OF LAKE WALES JURISDICTION OVER THE LAND ANNEXED; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson made a motion to approve ORDINANCE 2024-04 after first reading and public hearing. Commissioner Krueger seconded the motion. by roll call vote:  Commissioner Thompson made a motion to approve ORDINANCE 2024-04 after first 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 approved 5-0. 9.II. Ordinance 2024-05 Future Land Use Map Amendment For 34.72 Acres Of Land North Of Lake Bella Road, East Of Highway 27, And South Of Hunt Brothers Road. [Begin Agenda Memo] SYNOPSIS: Shelton Rice, P.A., authorized agent for owners, requests approval of City Commission to amend the Future Land Use Map of the Comprehensive Plan on parcels of land totaling approximately 34.72 acres. RECOMMENDATION Staff recommends approval of City Commission to assign the following land use designation, as recommended by the Planning and Zoning Board at a regular February 27, 2024 meeting, finding that the recommended Future Land Use designation is compatible with the surrounding area and is consistent with the City Comprehensive Plan and Land Use Regulations: Current Land Use: County Agriculture/Residential Rural (A/RR) & Residential Suburban (RS) Proposed Land Use: City Low Density Residential (LDR) BACKGROUND The subject properties are located north of Lake Bella Road, east of Highway 27, and south of Hunt Brothers Road. The applicant requests approval to amend the land use designations from County A/RR and RS to City Low Density Residential, contingent upon approval by City Commission of the annexation. The property is contiguous to City limits on its southernmost border. A land use designation of LDR is appropriate for the area and the surrounding built environment, as it is the least intensive land use designation that is compatible with the least intensive zoning district. No development plans for the properties have been submitted at this time; however, the developer or owner would be required to engage in conversations with the city to discuss development processes. Any future development on the subject parcels would be required to tie into City water and sewer. Comprehensive Plan: LDR Policy I.1.2.12 The primary function of the Low Density Residential (LDR) classification is to provide areas for housing, primarily single-family, with an overall density of 5 or fewer dwelling units per acre. The LDR classification is intended to preserve the character of existing single-family residential areas with large lots and to allow the continued development of these areas. It is also intended for classification of vacant parcels, particularly newly annexed lands on the periphery of the City. Comprehensive Plan: LDR Policy I.1.2.12 The primary function of the Low Density Residential (LDR) classification is to provide areas for housing, primarily single-family, with an overall density of 5 or fewer dwelling units per acre. The LDR classification is intended to preserve the character of existing single-family residential areas with large lots and to allow the continued development of these areas. It is also intended for classification of vacant parcels, particularly newly annexed lands on the periphery of the City. Location criteria: LDR is appropriate for vacant lands within a half mile or more from arterial roadways and CACs-Community Activity Centers and RACs-Regional Activity Centers. Existing residential areas with a density of 3 or fewer units per acre on average should also be assigned the LDR designation. Typical uses: Housing up to 5 units per gross acre. Single-family houses. Two- and three family units, multi-family units may be allowed depending on compatibility with adjoining residential areas, the development suitability of the site, and the availability of public facilities and services. Uses that are customarily found in residential neighborhoods and compatible with residential development, such as religious, educational, public facility uses, and assisted living facilities with a maximum FAR of .25. Clustering of housing units is encouraged to preserve open space and natural resources. CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns Future Land Use designations by ordinances upon a recommendation from the Planning & Zoning Board. The adopted small-scale land use amendment ordinance is transmitted to the state’s Department of Economic Opportunity (DEO). The DEO reviews the land use designations as appropriate with reference to the City’s Comprehensive Plan. FISCAL IMPACT Assignment would enable the future development of this property and the potential increase in property value. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-05 by title only. ORDINANCE 2024-05 (Small-Scale CPA/Future Land Use Map Amendment for approximately 34.72 +/- acres of land north of Lake Bella Road, east of Highway 27, and south of Hunt Brothers 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 34.72 +/- ACRES OF LAND NORTH OF LAKE BELLA ROAD, EAST OF HIGHWAY 27, AND SOUTH OF HUNT BROTHERS ROAD, FROM COUNTY DESIGNATIONS A/RR AND RS TO CITY LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson made a motion to approve ORDINANCE 2024-05 after first reading and public hearing. Commissioner Krueger seconded the motion. by roll call vote:  Commissioner Thompson made a motion to approve ORDINANCE 2024-05 after first 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 approved 5-0. 9.III. Ordinance 2024-06 Zoning Map Amendment For 34.72 Acres Of Land North Of Lake Bella Road, East Of Highway 27, And South Of Hunt Brothers Road. [Begin Agenda Memo] SYNOPSIS: Shelton Rice, P.A., authorized agent for owners, requests approval of City Commission to amend the Zoning Map on parcels of land totaling approximately 34.72 acres. RECOMMENDATION Staff recommends approval of City Commission to assign the following zoning designation, as recommended by the Planning and Zoning Board at a regular February 27, 2024 meeting, finding that the recommended Zoning Map designation is compatible with the surrounding area, and is consistent with the City Comprehensive Plan and Land Use Regulations: Current Zoning: County Agriculture/Residential Rural (A/RR) & Residential Suburban (RS) Proposed Zoning: City R-1A Residential BACKGROUND The subject properties are located north of Lake Bella Road, east of Highway 27, and south of Hunt Brothers Road. The applicant requests approval to amend the zoning designation to R-1A, contingent upon approval by City Commission of the annexation and land use amendment. The property is contiguous to City limits on its southernmost border. A zoning designation of R-1A is appropriate for the area and the surrounding built environment, as it is the least intensive designation with the largest sized lot requirements. No development plans for the properties have been submitted at this time; however, the developer or owner would be required to engage in conversations with the city to discuss development processes. Any future development on the subject parcels would be required to tie into City water and sewer. Zoning: R-1A Sec 23-401 District Classifications R-1A Residential district. This district is designed to encourage and protect low density single-family development. The R-1A zoning designation is intended for use in areas classified on the future land use map of the Comprehensive Plan as LDR – Low Density Residential. CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns Zoning designations by ordinances upon a recommendation from the Planning & Zoning Board.  designation is intended for use in areas classified on the future land use map of the Comprehensive Plan as LDR – Low Density Residential. CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns Zoning designations by ordinances upon a recommendation from the Planning & Zoning Board. FISCAL IMPACT Assignment would enable the future development of this property and the potential increase in property value. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-06 by title only. ORDINANCE 2024-06 (Zoning Map Amendment for approximately 34.72 +/- acres of land north of Lake Bella Road, east of Highway 27, and south of Hunt Brothers Road.) AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE ZONING MAP TO REASSIGN A ZONING DESIGNATION ON APPROXIMATELY 34.72 +/- ACRES OF LAND NORTH OF LAKE BELLA ROAD, EAST OF HIGHWAY 27, AND SOUTH OF HUNT BROTHERS ROAD, FROM COUNTY DESIGNATIONS A/RR AND RS TO CITY RESIDENTIAL R-1A; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson made a motion to approve ORDINANCE 2024-06 after first 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 approved 5-0. 9.IV. ORDINANCE 2024-07 - Future Land Use Map Amendment For 3.57 Acres Of Land North Of Kissimmee Avenue, East Of 3rd Street North, South Of Osceola Avenue East, And West Of 4th Street North. 1st Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: City Staff, on behalf of The Lake Wales Community Redevelopment Agency, requests approval of City Commission to amend the Future Land Use Map of the Comprehensive Plan on parcels of land totaling approximately 3.57 acres. RECOMMENDATION Staff recommends approval of City Commission, as recommended by the Planning and Zoning Board at a regular meeting on February 27, 2024, to re-assign the requests approval of City Commission to amend the Future Land Use Map of the Comprehensive Plan on parcels of land totaling approximately 3.57 acres. RECOMMENDATION Staff recommends approval of City Commission, as recommended by the Planning and Zoning Board at a regular meeting on February 27, 2024, to re-assign the following land use designation, contingent upon approval of an associated proposed Planned Development Project (PDP): Current Land Use: Public (PUB) Proposed Land Use: Low Density Residential (LDR) BACKGROUND The subject property is located north of Kissimmee Avenue, east of 3rd Street North, south of Osceola Avenue East, and west of 4th Street North. The City transferred Lake Alta Park, identified as parcel 273002-909610-005010, to the Community Redevelopment Agency (CRA) at the January 16, 2024 City Commission Regular Meeting to enable potential infill development directly to its west. The CRA will consider transferring the property to a developer planning to build cottage style homes on approximately 1.7 acres to the west. Lake Alta Park will be left open to the public and will be maintained by the HOA associated with the cottage homes. The transfer of the property will allow the developer to cluster alley-loaded infill homes along 3rd Street and Lake Alta Park, with the park designated as open space and recreation credited towards the associated Planned Development Project (PDP), 3rd Street Cottages. This item was tabled at the January 23, 2024 Planning and Zoning Board Meeting along with the associated PDP, and was brought back to the February 27, 2024 Planning and Zoning Board Meeting for recommendation. The original request to change the land use to Medium Density Residential on the 5-acre project area is no longer contemplated, and the properties owned by J Walter Homes Inc will remain with land use designations of Low Density Residential. The request to amend land use and zoning designations to LDR and R-1C, respectively, is solely for the property currently owned by the Community Development Agency, contingent upon approval of the PDP. In order to achieve this development, the property owned by Lake Wales Community Redevelopment Agency (CRA) needs an amendment to the land use designation. The developer has requested for the land use and zoning amendments to be read concurrently with the contemplation of a Residential PDP. The applicant and Staff request a recommendation of approval to amend the land use designation to City Low Density Residential and zoning designation to City R-1C. If the PDP is not approved, the City will not move forward with the Future Land Use and Zoning map amendments, and the property will remain under the ownership of the CRA. A Low Density Residential future land use designation allows up to 5 units per gross acre and is in keeping with the surrounding neighborhood. If approved, the proposed development will achieve a density of 4.8 units per gross acre; therefore, no future development will occur on this site and the park shall be left open and undeveloped. CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns future Land Use designations by ordinances upon a recommendation from the Planning & Zoning Board. The adopted small-scale land use amendment ordinance is transmitted to the state’s Department of Economic Opportunity (DEO). The DEO reviews the land use designations as appropriate with reference to the City’s Comprehensive Plan. CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns future Land Use designations by ordinances upon a recommendation from the Planning & Zoning Board. The adopted small-scale land use amendment ordinance is transmitted to the state’s Department of Economic Opportunity (DEO). The DEO reviews the land use designations as appropriate with reference to the City’s Comprehensive Plan. FISCAL IMPACT Assignment would enable the future development of this property and the potential increase in property value. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-07 by title only. ORDINANCE 2024-07 (Small-Scale CPA/Future Land Use Map Amendment for approximately 3.57 +/- acres of land north of Kissimmee Avenue, east of 3rd Street North, south of Osceola Avenue East, and west of 4th Street North.) 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 3.57 +/- ACRES OF LAND NORTH OF KISSIMMEE AVENUE, EAST OF 3RD STREET NORTH, SOUTH OF OSCEOLA AVENUE EAST, AND WEST OF 4TH STREET NORTH, FROM CITY OF LAKE WALES DESIGNATION PUBLIC (PUB) TO LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING Becky Wynkoop, resident, spoke against this item. She said we need to keep the green space in the neighborhood. The City should keep up the park. Patricia Lettieri, resident, spoke against this item. She said the neighborhood is against this project. Building more the 6 homes is wrong. Giselle Baker, resident, spoke against this item. The area should remain a green space. She expressed concerns about drainage as Lake Alta does fill up when it rains. David Price, resident, spoke against this item. This is a traditional neighborhood. The park is important. Only 6 homes should go in there. CLOSED PUBLIC HEARING Autumn Cochella, Growth Management Director, reviewed this item and the 3rd Street Cottages project. Commissioner Thompson asked if the HOA will maintain the area. Ms. Cochella confirmed that the HOA will maintain and mow it. The Developer will clean it up and the HOA will maintain it. Commissioner Thompson asked about closing the street. Ms. Cochella said that is the purview of the City Commission. It is not recommended currently but it could be done in the future. Deputy Mayor Gibson said this item and he next sets the stage for the following PDP decision. No harm is done by this item. He said this area has been neglected. Once these items are  Commissioner Thompson asked about closing the street. Ms. Cochella said that is the purview of the City Commission. It is not recommended currently but it could be done in the future. Deputy Mayor Gibson said this item and he next sets the stage for the following PDP decision. No harm is done by this item. He said this area has been neglected. Once these items are approved the we can address his park area. He said this park could look really nice. This would enhance property values. He recommended making this park area look really special. He suggested the CRA could do something about the park as it currently owns it. This could be a good start for the traditional neighborhood concept. We have a cooperative developer and a CRA to implement an Olmsted plan for the area. He recommended a professional design for the area. Commissioner Krueger said this is a place where the traditional neighborhood design fits and works well. He supported taking this first step. Deputy Mayor Gibson left the meeting. Commissioner Krueger made a motion to approve ORDINANCE 2024-07 after first reading and public hearing. Commissioner Thompson seconded the motion. by roll call vote: Commissioner Krueger "YES" Commissioner Thompson "YES" Commissioner Williams "YES" Mayor Hilligoss "NO" Motion approved 3-1. 9.V. Ordinance 2024-08 Zoning Map Amendment For 3.57 Acres Of Land North Of Kissimmee Avenue, East Of 3rd Street North, South Of Osceola Avenue East, And West Of 4th Street North. [Begin Agenda Memo] SYNOPSIS: City Staff, on behalf of The Lake Wales Community Redevelopment Agency, requests approval of City Commission to amend the Zoning Map on parcels of land totaling approximately 3.57 acres. RECOMMENDATION Staff recommends approval of City Commission, as recommended by the Planning and Zoning Board at a regular meeting on February 27, 2024, to re-assign the following zoning designation contingent upon approval of an associated proposed Planned Development Project (PDP): Current Zoning: R-Recreation Proposed Zoning: R-1C Residential BACKGROUND The subject property is located north of Kissimmee Avenue, east of 3rd Street North, south of Osceola Avenue East, and west of 4th Street North. The City transferred Lake Alta Park, identified as parcel 273002-909610-005010, to the Community Redevelopment Proposed Zoning: R-1C Residential BACKGROUND The subject property is located north of Kissimmee Avenue, east of 3rd Street North, south of Osceola Avenue East, and west of 4th Street North. The City transferred Lake Alta Park, identified as parcel 273002-909610-005010, to the Community Redevelopment Agency (CRA) at the January 16, 2024 City Commission Regular Meeting to enable infill development directly to its west. The CRA will consider transferring the property to a developer planning to build cottage style homes on approximately 1.7 acres to the west. Lake Alta Park will be left open to the public and will be maintained by the HOA associated with the cottage homes. The transfer of the property will allow the developer to cluster alley-loaded infill homes along 3rd Street and Lake Alta Park, with the park designated as open space and recreation credited towards the associated Planned Development Project (PDP), 3rd Street Cottages. This item was tabled at the January 23, 2024 Planning and Zoning Board Meeting along with the associated PDP, and was brought back to the February 27, 2024 Planning and Zoning Board Meeting for recommendation. The request to amend land use and zoning designations to LDR and R-1C, respectively, is solely for the property currently owned by the Community Development Agency, contingent upon approval of the PDP. The proposed zoning designation of R-1C single-family residential is in keeping with the surrounding neighborhood, and is already assigned to the properties to the west, owned by J Walter Homes Inc, where the cottage homes are proposed. In order to achieve this development, the property owned by Lake Wales Community Redevelopment Agency (CRA) needs an amendment to the zoning designation. The developer has requested for the land use and zoning amendments to be read concurrently with the contemplation of a Residential PDP. The applicant and Staff request a recommendation of approval to amend the land use designation to City Low Density Residential and zoning designation to City R-1C. If the PDP is not approved, the City will not move forward with the Future Land Use and Zoning map amendments, and the property will remain under the ownership of the CRA. CODE REFERENCES AND REVIEW CRITERIA The City Commission assigns Zoning designations by ordinances upon a recommendation from the Planning & Zoning Board. FISCAL IMPACT Assignment would enable the future development of this property and the potential increase in property value. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-08 by title only. ORDINANCE 2024-08 (Zoning Map Amendment for approximately 3.57 +/- acres of land north of Kissimmee Avenue, east of 3rd Street North, south of Osceola Avenue East, and west of 4th Street North.) AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE ZONING MAP TO REASSIGN A ZONING DESIGNATION ON APPROXIMATELY 3.57 +/- ACRES OF LAND NORTH OF KISSIMMEE AVENUE, EAST OF 3RD STREET NORTH, SOUTH OF OSCEOLA AVENUE EAST, AND WEST OF 4TH STREET NORTH, FROM CITY OF LAKE WALES DESIGNATION RECREATION (R) TO RESIDENTIAL R-1C; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE ZONING MAP TO REASSIGN A ZONING DESIGNATION ON APPROXIMATELY 3.57 +/- ACRES OF LAND NORTH OF KISSIMMEE AVENUE, EAST OF 3RD STREET NORTH, SOUTH OF OSCEOLA AVENUE EAST, AND WEST OF 4TH STREET NORTH, FROM CITY OF LAKE WALES DESIGNATION RECREATION (R) TO RESIDENTIAL R-1C; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson made a motion to approve ORDINANCE 2024-08 after first reading and public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Krueger "YES" Mayor Hilligoss "NO" Motion approved 3-1. 9.VI. Preliminary Subdivision Plat Approval / Special Exception Use Permit Approval For A Residential Planned Development Project (PDP) 3rd Street Cottages PUBLIC HEARING [Begin Agenda Memo] SYNOPSIS: Chad Brooker, P.E., authorized agent for owner, and City Staff on behalf of the Lake Wales Community Redevelopment Agency, is requesting approval of City Commission, for a 24-unit Preliminary Subdivision Plat and a Special Exception Use Permit for a Residential PDP on approximately five (5) acres of land north of Kissimmee Avenue, east of 3rd Street North, south of Osceola Avenue East, and west of 4th Street North. RECOMMENDATION: Staff recommends approval of City Commission 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 demonstrates creativity in neighborhood design, provides for attainable housing opportunities, and aligns with the City’s efforts to encourage walkable, traditional neighborhoods. At a regular Planning and Zoning Board Meeting on February 27, 2024, a motion for approval was made which deviated from the proposed 24-unit PDP, to approve the originally presented 28-unit PDP from the January Planning and Zoning Board, including additional conditions for visitor parking, that a deed restriction would be required to keep the park natural, and that Lake Alta Road would be closed. The motion failed and no new motion was made by the Board, therefore no recommendation to City Commission was given by the Planning and Zoning Board. The Board did recommend by majority vote, to re-assign the Future Land Use designation and Zoning designation to residential. Board, therefore no recommendation to City Commission was given by the Planning and Zoning Board. The Board did recommend by majority vote, to re-assign the Future Land Use designation and Zoning designation to residential. BACKGROUND INFORMATION: The subject properties, comprised of approximately 5 acres of vacant land, are situated north of Kissimmee Avenue, east of 3rd Street North, south of Osceola Avenue East, and west of 4th Street North. There are existing single-family residential homes surrounding the properties on all sides of the proposed development with Spook Hill Elementary to the north and Bok Academy North to the south. The properties are within the corporate City Limits of Lake Wales. The current land use designations are LDR Low Density Residential and PUB Public and the current zoning designations are R-1C Residential and R Recreation. In order to support the development’s open space and recreation requirements, and to support clustered infill development, a request to amend the land use and zoning map for the Lake Alta Park property to LDR Low Density Residential and R-1C, respectively, has been submitted in conjunction with the application for a Preliminary Subdivision Plat and Special Exception Use Permit for a Residential PDP. Adjacent properties to the subject parcels have a land use and zoning designation of LDR and R-1C. The City transferred Lake Alta Park, identified as parcel 273002-909610-005010, to the Community Redevelopment Agency (CRA) at the January 16, 2024 City Commission Regular Meeting to enable infill development. The CRA will consider transferring the property to the developer planning to build cottage style homes on approximately 1.7 acres to the west. Lake Alta Park will be left open to the public and will be maintained by the HOA associated with the cottage homes. The transfer of the property will allow the developer to cluster alley-loaded infill homes along 3rd Street and Lake Alta Park The transfer of Lake Alta Park is necessary for the development to meet the recreation and open space requirements. In exchange, Lake Alta Park will be preserved and maintained by the HOA, and open for public use. During the January 23, 2024 public hearing, citizen concerns were raised about the existing traffic conditions around school drop-off and pickup times for Bok North and Spook Hill, additional the traffic that the development might bring. Since this concern has been brought to Staff’s attention, coordination has begun with the Lake Wales Police Department to assist with school drop off and pickup coordination and enforcement with both Bok Academy North and Spook Hill Elementary. In addition, citizens did not want additional visitor parking along Lake Alta, did not want Lake Alta Street to be closed to vehicular traffic, and expressed that they wanted the park to remain as natural open space. This item was tabled by the Planning and Zoning Board, with a request for the developer to meet with the neighboring residents to ensure their concerns have been considered. Directly after the meeting, a representative with J Walter Homes Inc, met with the attending community members and collected feedback. As a result of these discussions, the following changes to the PDP were proposed to City Staff by the developer: meet with the neighboring residents to ensure their concerns have been considered. Directly after the meeting, a representative with J Walter Homes Inc, met with the attending community members and collected feedback. As a result of these discussions, the following changes to the PDP were proposed to City Staff by the developer: 1.) Assign Low-Density Residential to the 5 acres, decreasing the number of homes proposed from 28 to 24. 2.) The vacation of Lake Alta Street to vehicular traffic for the creation of a pedestrian way is no longer proposed. 3.) No visitor parking will be proposed for Lake Alta Park. 4.) Besides regular mowing, and the removal of junk, trash, and dead vegetation, no other improvements to the park space shall be made. At the February 27, 2024 Planning and Zoning Board, additional concerns were made regarding overflow parking of the future residents, and attention was brought back to the park remaining as open and natural. It was discussed that a condition of approval could be made to implement a deed restriction to keep the park open, natural and undevelopable. Ultimately a motion was made to approve the PDP with Waivers of Strict Compliance and Conditions of Approval, including a deed restriction for the CRA property (Lake Alta Park) to remain open and natural, for approval of 28-lots where four of the lots would be utilized for parking, including a recommendation for closing Lake Alta Street. Upon the Planning and Zoning Board hearing, the following changes to the PDP were proposed to City Staff by the developer: 1.) A total of eight (8) parallel parking spaces were provided as visitor and overflow parking spaces along Kissimmee Avenue and Osceola Avenue. 2.) Proposed sidewalk goes around the entirety of the proposed project area. Low Density Residential allowed on this parcel of land is calculated up to 5 units per gross acre, or 25 dwelling units, under the Comprehensive Plan for LDR Low-Density Residential. A density of 4.8 dwelling units per acre, or 24 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 24 single-family detached lots. A waiver package has been submitted requesting deviations from the underlying R-1C dimensional and area standards, including additional waivers for the overall development from other standards within the land development regulations. ANALYSIS: The site plan for ‘3rd Street Cottages’ 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. 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. ¡ 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. 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. 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 preserves a large amount of open green space by retaining and maintaining Lake Alta Park. The neighborhood is designed with half of the cottage homes fronting along the eastern portion of the park, overlooking the natural open space. 2. We will partner with landowners, investors, and the community to encourage input, collaboration, and respect property rights; The CRA will consider the public-private partnership of transferring the 3.57 Lake Alta Park property to the developer in order to facilitate infill, attainable housing with creative neighborhood design. The City requires that the park space shall be left open and accessible to the public. Public input was collected at the January public hearing for this project and has been incorporated into the revision of the plan, additional input at the February public hearing was considered and revised. 3. We will make infill development and revitalization a priority; The project area is considered infill development, surrounded by existing schools and homes. 4. We will emphasize economic prosperity by increasing property values through quality development; The upkeep and maintenance of Lake Alta Park, and the development 3. We will make infill development and revitalization a priority; The project area is considered infill development, surrounded by existing schools and homes. 4. We will emphasize economic prosperity by increasing property values through quality development; The upkeep and maintenance of Lake Alta Park, and the development of front porch culture, alley-loaded homes may increase the surrounding property values. 5. We will facilitate employment opportunities by supporting a mix of land uses and industries; The neighborhood does not directly facilitate employment; however, the development is situated closely to two schools to the north and south, commercial businesses along Scenic Highway to the west, and additional parks to the east. The development provides additional pedestrian network connectivity, encouraging walkability for the entire area. 6. We will seek to make traditional neighborhoods with walkable, connected streets that create a high-quality public realm the norm; Alley-loaded homes with well-designed architectural details, including shutters and front porches, create the feel of a traditional neighborhood. Twelve of the homes face existing 3rd Street and have eliminated driveway interruptions to the pedestrian way by alley-loading the homes. The remaining twelve homes face the open green space along Lake Alta Park. 7. We will discourage conventional urban sprawl as defined in Florida Statutes Chapter 163; and The development will connect to existing water and sewer services as well as continue the sidewalk network along project boundaries. This neighborhood encourages walkability and better accessibility, potentially limiting the need for vehicle dependency for short trips. 8. We will grow a livable transportation network by implementing the Lake Wales Mobility Plan and including context-sensitive Complete Streets. The project includes some complete street elements including the addition of sidewalks surrounding the property and park, and tree-lined streets. SPECIFIC DETAILS – 3rd Street Cottages: This development proposes 24 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 type of this development. Dimensional & Area Standards R-1C Proposed Minimum lot size 8,000 sq. ft. 3,052 sq. ft. Minimum street frontage 50 feet 32.5 feet Minimum lot width at building line 65 feet 32.5 feet Minimum living area 1,200 sq. ft. 1,200 sq. ft. Minimum front setback 0 feet 10 feet Minimum living area 1,200 sq. ft. 1,200 sq. ft. Minimum front setback 0 feet 10 feet Functional corner-side setback 0 feet 8 feet Minimum side setback 10 feet 5 feet Minimum rear setback 15 feet 15 feet Maximum lot coverage 60% 60% Maximum building height 35 feet/2.5 stories 35 feet/2.5 stories The development proposes 24 single-family lots, all alley-loaded cottage-style homes with front porches. These proposed homes are intended by the developer to be attainable workforce housing, and encourages walkability and connection to open space. ROADWAYS AND ACCESS: Half of the homes will be fronting 3rd Street North and the other half will be facing Lake Alta Park, with access through a privately owned and maintained alley, in the rear, connecting from Osceola Avenue East to Kissimmee Avenue. The project also provides sidewalks on the periphery of project boundaries, and connects to the existing sidewalk network along 4th Street. Eight visitor parking spaces were provided where 1 per 10 dwelling units is required, in reflection of additional concerns about overflow parking. 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. ? ¡ 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 includes an area of open space and retention that has existing plantings, known as Lake Alta Park. The Site Development Plan submittal will need to show that the development is meeting minimum landscaping code standards. City Staff, including the City’s Horticulturist, will review and approve specific planting types during site construction plan The development includes an area of open space and retention that has existing plantings, known as Lake Alta Park. The Site Development Plan submittal will need to show that the development is meeting minimum landscaping code standards. 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. ¡ Mini-parks. In all residential developments, recreation areas in the form of mini- parks shall be provided at a ratio of one-quarter (¼) acre per four hundred (400) dwelling units at minimum. Recreation required: 0.10 acres; ¡ Recreation provided: 3.3 acres ¡ Open space required: 20% of site; Open space provided: 66% of overall site The development preserves Lake Alta Park and maintains the park for open space available to its future residents and the public. This significant portion of the project is kept Page 9 of 10 as open space and meets overall recreation and open space requirements for the subdivision, encouraging walkability for the neighborhood. 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 for privately owned alleys. 2. Waive the minimum lot size to 3,052 sq. ft. where 8,000 sq. ft. is required by code. 3. Waive the minimum street frontage to 32.5 feet where 50 is required by code. 4. Waive the minimum lot width at building line to 32.5 feet where 65 feet is required by code. 5. Waive the minimum side setback to 5 feet where 10 feet is required by code. STAFF FINDING: Through analysis of the proposed Planned Development Project, staff finds the following: 1. This development 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 missing middle housing option that is intended as attainable workforce housing. 3. The development improves and preserves Lake Alta Park while maintaining the park for public use. 4. Sidewalks are proposed along project boundaries which will encourage and promote workforce housing. 3. The development improves and preserves Lake Alta Park while maintaining the park for public use. 4. Sidewalks are proposed along project boundaries which will encourage and promote walkability and connectivity through the neighborhood. 5. The neighborhoods location surrounded by a mix of use and utilization of pedestrian networks provides an element walkability that potentially reduces car dependency for certain short trips. 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. 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. Mechanical equipment shall be located at the rear of the home and not permitted within side yards for all single family lots in the development. e. Maintenance of Lake Alta Park shall be the responsibility of the HOA and will be included in a Developer’s Agreement. f. The alleyway shall be the responsibility of the HOA and will be included in a Developer’s Agreement. g. Lake Alta Park shall remain open, natural, and accessible to the public. h. The traffic study must be approved by the Administrative Official prior to issuance of Site Development Permit. i. 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. j. PDP Approval shall be contingent upon the transfer of the CRA-owned property, from the CRA to the developer. k. The park space shall be deed restricted so to ensure it remains open, natural, and accessible to the public. l. All Lots included in the Subdivision shall be used for single-family residential purposes only and rentals are prohibited. This prohibition shall include long term and short term rentals, and the Lots shall not be used as B & B’s, Air B & B’s or any similar lease or rental arrangement. k. The park space shall be deed restricted so to ensure it remains open, natural, and accessible to the public. l. All Lots included in the Subdivision shall be used for single-family residential purposes only and rentals are prohibited. This prohibition shall include long term and short term rentals, and the Lots shall not be used as B & B’s, Air B & B’s or any similar lease or rental arrangement. FISCAL IMPACT: Approval of the preliminary plat and PDP would enable the development of this property and the potential increase in property value. [End Agenda Memo] Autumn Cochella, Growth Management, reviewed his item. Mayor Hilligoss invited the developer to speak. Derrick McWaters, J Walter Homes, introduced himself. He asked if anyone had questions. Deputy Mayor Gibson asked how he felt about making this area really special. Mr. McWaters said that he thought he was already doing something special. Deputy Mayor Gibson said he sees the effort. He is concerned about the role about the HOA. We have the opportunity to do something special here. Mayor Hilligoss asked to confirm the alternate plan to build 6 single family homes if this is not approved. Mr. McWaters confirmed this. He shared his interest to build more affordable homes. He said the area is beautiful and wants to maintain it. It will still be open to the public. He said that communities are becoming smaller with more green space. Property inside the City is expensive so no one's coming in the City to do anything. The project will look great. The HOA will maintain it. He is fine with not allowing rentals he wants homeowners to live in it. Each home will look different. Some are 2 bedrooms and some are 3 bedrooms. These are a unique design. He said that he wants he park to look better and suggested improvements including streetlights. Deputy Mayor Gibson said that the place could look a lot better. James Slaton asked to confirm that Deputy Mayor Gibson is recommending that the CRA partner with the company to improve the park. Deputy Mayor Gibson suggested getting a design from DoverKohl. This would increase property values. This idea was discussed. Mr. McWaters shared about projects he has done in older neighborhoods in Bartow and Lakeland. Deputy Mayor Gibson left the meeting. OPENED PUBLIC HEARING Becky Wynkoop, resident, spoke against the project. 24 units does not go in the neighborhood. There is not enough space for parking. Juanita Zwaryczuk, resident, spoke against the project. The park should belong to the residents and the City should maintain it. Nan Thomas, non resident, asked if research was done before this decision came up? Are there examples? She expressed concerns about parking. Juanita Zwaryczuk, resident, spoke against the project. The park should belong to the residents and the City should maintain it. Nan Thomas, non resident, asked if research was done before this decision came up? Are there examples? She expressed concerns about parking. Bud Colburn, resident and member of the Planning and Zoning Board, spoke in favor of the project. He commended the hard work of the staff in the Growth Management Department. Catherine Price, resident, spoke against this project. The lots and houses would be too small. There is not enough parking or room for trees. Giselle Baker, resident, spoke against the project. She would like to keep Lake Alta as it is. Charlene Bennett, resident, spoke against this project. The Planning and Zoning Board voted this down twice. No one wants this. Patricia Letteri, resident, spoke against this project. These cottages don't fit in the neighborhood. CLOSED PUBLIC HEARING Mayor Hilligoss said there was thought behind this project. The thought was that this would be in line with Lake Wales Envisioned. We are trying to promote higher quality design. This brings in a variety of housing types. He lived in this neighborhood. He would be excited about this if he still lived there. He said he understands the concerns of those that live in the neighborhood. He won't vote in favor of this. Commissioner Williams said he will vote in favor of this. Maybe some ideas will be brought forward that the residents will find acceptable. Commissioner Thompson said that the comments of the residents do hold a lot of weight. The why is Lake Wales Envisioned. This project fits Lake Wales Envisioned to a T. Its about encouraging higher density. We have limited resources in Florida. No one wants Lake Wales Envisioned in their neighborhood. They need to respect the property owner. This was a creative way to move forward on Lake Wales Envisioned. Lake Wales will not stay the way it is in any neighborhood. Many are moving here and we need to work with developers to find ways to allow them to move here. We need to respect private property rights. We will need the taxes from new development to pay for an improved quality of life. He encouraged more work on the PDP. He will vote in favor of this. These are hard decisions and there is hard work in these decisions. We need to work together. James Slaton, City Manager, asked if the Commission would like the City to get a landscape architect and work with the developer to come up with a new design. The Commission gave consensus to this. Mayor Hilligoss made a motion to continue this item after the public hearing to another meeting. Commissioner Thompson seconded the motion. by roll call vote: Mayor Hilligoss "YES"  Mayor Hilligoss made a motion to continue this item after the public hearing to another meeting. Commissioner Thompson seconded the motion. by roll call vote: Mayor Hilligoss "YES" Commissioner Thompson "YES" Commissioner Krueger "YES" Commissioner Williams "YES" Motion approved 4-0. 10. CITY ATTORNEY Albert Galloway, Jr., City Attorney, said he is working with the County Attorney to set a date for the mediation. 11. CITY MANAGER 11.I. Commission Meeting Calendar 12. CITY COMMISSION COMMENTS Commissioner Krueger said he was glad that the City Manager and Chief of Police were able to work it out details for the Chief to stay. Commissioner Williams said that he has supported the Chief from day one and has received a lot of criticism. He has not seen the Chief do anything illegal and unethical. He spoke with Chief Velasquez who assured him that he didn't do anything wrong. Commissioner Williams said that the City Manager told him something different. He said he told the City Manager that he would support what he decides but whatever he decides he should stick with it. Commissioner Williams said he is disappointed to find out tonight that the decision had been changed without being notified. Before this he thought the main thing Lake Wales needed is more communication. We need to talk and listen more. After today the message to Black people is that power or color is more important in this City. He is frustrated about how this went down. He supported the Chief and didn't think he needed to be fired. When he was told he was going to be fired, he stood with that. To now be told something different now that they had an opportunity to talk with each other. They had opportunities to talk before. This has made people of color feel some kind of way and he shares that. They feel frustrated and have a reason to be. We got to do a better job of meaning what we say and saying what we mean. We can handle anything if you tell us the truth. If it seems like you say one thing today and certain people call and then things changed. It makes us feel like we are still under Jim Crow and we ain't going back there. Commissioner Thompson thanked the City for its support at the high School job fair today. 13. MAYOR COMMENTS 14. ADJOURNMENT The meeting was adjourned at 9:26p.m. _______________________ Mayor _______________________ Mayor ATTEST: _______________________ City Clerk