City Commission Regular Meeting

City Commission Meeting Minutes August 20, 2024 (APPROVED) 8/20/2024 - 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, Carol Gillespie, Daniel Williams Commission Members Absent: Robin Gibson Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney 5. COMMENTS AND PETITIONS Charlene Bennett, resident, shared concerns about CDDs. They were created by government and can be regulated. 6. CITY CLERK 6.I. Board Appointments – Citizens And Police Community Relations Advisory Committee [Begin Agenda Memo] SYNOPSIS: Appointment to fill vacancies due to expiration of terms. RECOMMENDATION Staff recommends that the Mayor and Commission to make the following appointments as deemed appropriate. 1. Appoint Katherine Nicholas to a new term on the Citizens and Police Community Relations Advisory Board to expire 7/1/2026 2. Appoint Yadira Pollock to a new term on the Citizens and Police Community Relations Advisory Board to expire 7/1/2026 1. Appoint Katherine Nicholas to a new term on the Citizens and Police Community Relations Advisory Board to expire 7/1/2026 2. Appoint Yadira Pollock to a new term on the Citizens and Police Community Relations Advisory Board to expire 7/1/2026 BACKGROUND Citizens and Police Community Relations Advisory Committee (Res 2020-05) The board consists of 6 members. Terms are 2 years. One member shall be an active police officer serving in the Lake Wales Police Department and shall be appointed by the chief of police. Each Commissioner shall recommend one appointment to the Mayor. There are currently 2 vacancies Current Members: Andy Oguntola (Seat 1) 07/01/2023 – 07/01/2025 P+2 Tiffany Davis (Seat 2) 7/1/2022 – 7/1/2024 2 Narvell Peterson (Seat 3) 7/1/2022-7/1/2024 2 Al Goldstein (Seat 4) 7/01/2023 – 7/01/2025 P+1 Kristin Royal (Seat 5) 7/01/24 7/1/2026 P+1 Michael Smith (appointed by police Chief) Applying for Reappointment – Narvell Peterson for a term to expire 7/1/2026; Applying for appointment: Katherine Nicholas has applied for a term to expire on 7/1/2026. Commissioner Thompson recommends this appointment. Yadira Pollock has applied for a term to expire on 7/1/2026. Commissioner Williams recommends this appointment. Michael Richards has applied for a term to expire on 7/1/2026. OPTIONS Do not appoint those that have applied. FISCAL IMPACT None. These are volunteer boards. [End Agenda Memo] Jennifer Nanek, City Clerk, reviewed this item. Ms. Yadira Pollock introduced herself and shared her background. Mayor Hilligoss appointed Katherine Nicholas and Yadira Pollock to new terms on the Citizens and Police Community Relations Advisory Board to expire 7/1/2026 and moved their approval. Commissioner Thompson seconded the motion. by voice vote: Commissioner Thompson "YES"  Commissioner Thompson seconded the motion. by voice vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion passed 4-0. 7. CONSENT AGENDA Commissioner Thompson made a motion to approve the Consent Agenda. Commissioner Williams seconded the motion. by voice vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion passed 4-0. 7.I. Minutes - August 6 & 14, 2024 7.II. Modification Of The Official Traffic Map [Begin Agenda Memo] SYNOPSIS: Staff recommends modification to the Official Traffic Map designating a 25 mph speed limit along with the installation of updated signage on the below listed city streets. RECOMMENDATIONS: - Reduce the speed limit from 30 mph to 25 mph, modify the Official Traffic Map to reflect the changes and install the appropriate signage on the following streets: 1. North Miami Street 2. Whispering Ridge Drive 3. Marci Drive 4. Sally Road 5. Roberta Road 6. Lancelot Drive 7. Joyce Road 8. Corinne Drive  6. Lancelot Drive 7. Joyce Road 8. Corinne Drive 9. Susan Drive 10. Naes Lane 11. Tobie Street BACKGROUND There current posted speed limit in surrounding streets has been adjusted to 25 mph. The above listed roadways are posted with a speed limit of 30 mph or are not posted, thereby reverting to 30 mph in accordance with Florida State Statute. Staff recommends the City Commission reduce the speed limit on the listed roadways to 25 mph. The volume of pedestrian and vehicular traffic on these roadways increases significantly in the mornings and afternoons, creating a safety concern as residents are walking throughout the neighborhoods and children are playing in the area. The location outlined in this recommendation is within the Corporate Limits of the City of Lake Wales. Section 316.006 (2) (a) Florida Statutes provides that “Chartered municipalities shall have original jurisdiction over all streets and highways located within their boundaries, except state roads. The City Commission is empowered by Charter to make changes as necessary to the Official Traffic Map of the City. OTHER OPTIONS The Commission may choose not to make the requested changes to the Official Traffic Map FISCAL IMPACT The Fiscal Impact will consist of signage costs and installation by the Streets Department. The total estimated cost will be $1,365.32. The Streets Department budgets these funds annually for signage improvements. [End Agenda memo] 7.III. Commercial Real Estate Contract For 122 East Tillman Avenue [Begin Agenda Memo] SYNOPSIS: Staff is requesting City Commission approval of the Commercial Real Estate Contract between Jay & Den Properties Florida, LLC. and the City of Lake Wales. RECOMMENDATION It is recommended that the City Commission take the following actions: 1. Approve the Commercial Real Estate Contract with Jay & Den Properties Florida, LLC. 2. Approve budget amendment in the amount of $775,000. 3. Authorize the City Manager to execute the necessary documents on behalf of the City. BACKGROUND The proposed real estate contract allows for the purchase of commercial property located at 122 East Tillman Avenue, which includes all furniture, furnishings, and all other personal property located within the building, along with the HVAC systems and electric generator. The proposed commercial real estate contract has been drafted and reviewed by  execute the necessary documents on behalf of the City. BACKGROUND The proposed real estate contract allows for the purchase of commercial property located at 122 East Tillman Avenue, which includes all furniture, furnishings, and all other personal property located within the building, along with the HVAC systems and electric generator. The proposed commercial real estate contract has been drafted and reviewed by the City Attorney. According to the appraisal report, the property is improved with a single-story concrete block professional office building originally built in 1980 and further updated in 2014 with 5,148 sq. ft. of leasable space. The appraisal report from August 6, 2024 valued the property at $847,000. OTHER OPTIONS Do not approve the Commercial Real Estate Contract with Jay & Den Properties Florida, LLC. FISCAL IMPACT The purchase price for the property is $775,000. [End Agenda Memo] 7.IV. Sculpture Garden Concrete Sidewalk [Begin Agenda Memo] SYNOPSIS: The City Commission will consider authorizing the approval of a concrete sidewalk installation in the Downtown Linear Park. RECOMMENDATION It is recommended that the City Commission take the following action(s): 1. Authorize staff to expend funds in the amount of $24,975.00 for concreate sidewalk with standard salt finish installation in the Downtown Linear Park. BACKGROUND The City has a desire for bringing art into the parks. Staff is recommending a concrete sidewalk with salt finish be installed in the Downtown Linear Park to create a sculpture garden. Staff is working with the Lake Wales Arts Council to bring a sculpture program to the Downtown Linear Park. The proposal submitted by SMC Concrete & General Labor, LLC. is $24,975.00 and includes 1,850 sq ft of concrete sidewalk with salt finish. The City of Lake Wales requested quotes from the following companies: • SEMCO Construction - $35,136.00 • Grade-A-Way - $25,772.00 • SMC Concrete & General Labor, LLC - $24,975.00 OTHER OPTIONS Do not approve FISCAL IMPACT The $24,975 will be funded through a recent donation from Oakley Transport Inc. to the City of Lake Wales. [End Agenda Memo] 7.V. Special Event Permit Application: Lake Wales Art Show At Lake Wailes Park 2025 [Begin Agenda Memo]  [End Agenda Memo] 7.V. Special Event Permit Application: Lake Wales Art Show At Lake Wailes Park 2025 [Begin Agenda Memo] SYNOPSIS: Approval of this Special Event Application will allow the 54th Annual Lake Wales Art Show to be held in Lake Wailes Park Friday, February 21, 2025 to Sunday, February 23, 2025. RECOMMENDATION Staff recommends that the City Commission consider taking the following action: 1. Approve the Special Event Permit Application for the 54th Annual Lake Wales Art Show to be held February 21 – February 23, 2025 in Lake Wailes Park. 2. Approve the request to allow for a designated area for alcohol consumption. 3. Approve the hours as follows: February 20 - set up at 7:00 a.m. and evening festivities beginning on February 23 at 6:00 p.m. and ending at 9:00 p.m., February 24 10:00 a.m. – 5:00 p.m. and February 25 – 10:00 a.m. to 4:00 p.m. 4. Approve the request for set up by the artists on Friday February 22, 2025 at approximately 10:00 a.m. BACKGROUND The Lake Wales Art Council, Inc. submitted a Special Event Permit Application for the 54th Annual Lake Wales Art Show to be held February 21 to February 23, 2025 in Lake Wailes Park. This event would begin on Friday evening, February 21, 2025 at 5:00 p.m. with a barbeque and musical entertainment and it will conclude at 8:00 p.m. This event includes a designated area to sell and consume alcohol. On Saturday and Sunday activities will begin at 10:00 a.m. and end at 5:00 p.m. The Special Event Permit Application includes a request for the artists to set up on Friday, February 23 at approximately 10:00 a.m. The Art Council will be using the services of off-duty officers from the Lake Wales Police Department each evening during the entire event. This will be paid at 100% by the Art Council. The Field Operations Division will be providing clean up services on Saturday and Sunday with the Arts Council paying 25% of those costs. The Arts Council will also be responsible for site set up, obtaining tent permits, providing licensing for food vendors, acquiring sanitary facilities and dumpsters and providing liability insurance for the event. OTHER OPTIONS Do not approve the event FISCAL IMPACT In-kind services provided by the City were budgeted for FY24-25 in the amount of $1236. The Arts Council will be responsible for 25% or $309. Private security will be provided by the Lake Wales Police Department and will be paid at 100% by the Arts Council. [End Agenda Memo] 7.VI. Special Event Permit Application: Lake Wales Live 2024 - 2025 [Begin Agenda Memo]  [End Agenda Memo] 7.VI. Special Event Permit Application: Lake Wales Live 2024 - 2025 [Begin Agenda Memo] SYNOPSIS This is a request from the Lake Wales Arts Council to host a series of concert events in downtown between October 24 – May 2025. These events include closing Streets and serving alcohol. RECOMMENDATION Staff recommends 1. That the City Commission approve the permit application request to host Lake Wales Live on five dates from October 2024 – May 2025. 2. That the City Commission approve the two proposed site plans for either the linear park or Park Avenue with the related road closings of either Cypress Garden Lane or Park Avenue from 1:00 p.m. – 9:00 p.m. on those days. 3. That the City Commission approve the alcohol designated areas shown on the two plans. BACKGROUND The Lake Wales Arts Council has submitted a special event permit application to host a series of concerts downtown from October – May. Two site plans have been submitted. Site Plan A is for the Downtown Linear Park and includes closure of Cypress Garden Lane. This will be used while Park Avenue and the Market Place is closed for construction. Site Plan B involves the market place parking lot and closure of Park Avenue and N Market Street. This event will feature live music, food trucks and alcohol sales. Alcohol will be served by a vendor. The event dates in 2024 will be October 25, 2024 to coincide with Beers with Pioneers, and November 15. The event dates in 2025 are January 17, March 28, and May 9. OTHER OPTIONS Do not approve the permit. FISCAL IMPACT None. Applicant will cover costs of off-duty officers. [End Agenda Memo] 7.VII. Special Event Permit: Beers With Pioneers October 25, 2024 [Begin Agenda Memo] SYNOPSIS This is a request by the Lake Wales History Museum to host an event called Beers with Pioneers on Friday, October 25, 2024 from 6:00 p.m. – 9:00 p.m. The event will include alcohol. RECOMMENDATION Staff recommends 1. That the City Commission approve the permit request to allow the Lake Wales History Museum to host an event at the Museum and in the downtown on Stuart and Park Avenue and Scenic HWY and First Street to include the serving of alcohol on Friday, October 25, 2024,  RECOMMENDATION Staff recommends 1. That the City Commission approve the permit request to allow the Lake Wales History Museum to host an event at the Museum and in the downtown on Stuart and Park Avenue and Scenic HWY and First Street to include the serving of alcohol on Friday, October 25, 2024, from 6:00 p.m. – 9:00 p.m. BACKGROUND The Lake Wales History Museum is planning to host a beer crawl/wine walk type of event on Friday, October 25, 2024 from 6:00 p.m. – 9:00 p.m. This event will allow participants to stroll from the museum through downtown with alcohol. Police officers will be present for the event. No streets will be closed. OTHER OPTIONS Do not approve the Special Event Permit. FISCAL IMPACT None. Lake Wales History Museum will cover the cost of off-duty officers. [End Agenda Memo] 8. OLD BUSINESS 9. NEW BUSINESS 9.I. ORDINANCE 2024-18 Annexation – 1st Reading And Public Hearing Approximately 558+/- Acres Of Land At The Western Edge Of The City [Begin Agenda Memo] SYNOPSIS: Ordinance 2024-018 proposes the voluntary annexation of approximately 558+/- acres of land at the western edge of the city and contiguous to the incorporated City limits. RECOMMENDATION Staff recommends approval at first reading of Ordinance 2024-18 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 26 (twenty-six) subject properties (combined acreage 558 +/- acres) are located on the western edge and directly adjacent to the City of Lake Wales jurisdiction boundary and 12 miles east of Bartow, Florida. The parcels are north of SR 60 currently located within Polk County, Florida. The request for annexation is accompanied by a proposal to allow a Master Development Plan (MDP), under a requested Future Land Use designation of MU (Mixed-Use) and a Zoning designation of PDMU (Planned Development Mixed Use). Approval of the MDP would be contingent upon adoption at second reading of the annexation, Future Land Use Map amendment, and Zoning Map amendment. OTHER OPTIONS Decline to annex the property. FISCAL IMPACT The annexation will add to the City’s tax roll, bringing in additional property taxes. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-18 by title only. ORDINANCE 2024-18 (Annexation of 558+/- acres of land contiguous to the western  [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-18 by title only. ORDINANCE 2024-18 (Annexation of 558+/- acres of land contiguous to the western edge of the city and north of State Road 60) AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 558+/- ACRES OF LAND NORTH OF STATE ROAD 60 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 Charlene Bennett, resident, shared concerns about water and urban sprawl. CLOSED PUBLIC HEARING Autumn Cochella, Growth Management, reviewed the project. Shelton Rice, the attorney from Peterson Myers representing the Lake Wales Commons project, presented the proposed mixed-use development to the City Commission. His presentation outlined the project's scope, including plans for residential units, light industrial space, and commercial areas. Mr. Rice emphasized the economic benefits of the development, such as job creation and increased tax revenue. He also addressed potential concerns, highlighting the project's compatibility with the city's long-term vision and the incorporation of sustainable design principles. Commissioner Thompson expressed support for annexing the property where the Lake Wales Commons project is proposed. He said that annexation would provide the city with greater control over the development, ensuring it aligns with the city's regulations and plans. Additionally, he explained that annexation would enhance services for the area and stimulate economic growth by attracting new businesses and residents. Mayor Hilligoss asked about the presence of citrus groves and wells on the proposed development site. Mr. Rice, the attorney representing the Lake Wales Commons project, responded that there was a significant amount of citrus on the property. He indicated that a due diligence process would be conducted to assess the land and any potential water resources. Commissioner Thompson made a motion to approve ORDINANCE 2024-18 after 1st reading and Public Hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion passed 4-0. 9.II. Ordinance 2024-19 Future Land Use Map Amendment Of The Comprehensive Plan – 1st Reading And Public Hearing Approximately 558+/- Acres Of Land At The Western Edge Of The City [Begin Agenda Memo]  Motion passed 4-0. 9.II. Ordinance 2024-19 Future Land Use Map Amendment Of The Comprehensive Plan – 1st Reading And Public Hearing Approximately 558+/- Acres Of Land At The Western Edge Of The City [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 558+/- 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 July 23, 2024 meeting, finding that the recommended Future Land Use designation is consistent with the City Comprehensive Plan and Land Use Regulations: Current Land Use: County Agriculture/Residential Rural (A/RR) & Industrial Proposed Land Use: City MU Mixed Use BACKGROUND The 26 (twenty-six) subject properties (combined acreage 558 +/- acres) are located on the western edge and directly adjacent to the City of Lake Wales jurisdiction boundary and 12 miles east of Bartow, Florida. The parcels are north of SR 60 currently located within Polk County, Florida. The request for a Future Land Use Map amendment is accompanied by a proposal to allow a Master Development Plan (MDP), and a requested Zoning designation of PDMU (Planned Development Mixed Use). Approval of the MDP would be contingent upon adoption at second reading of the annexation, Future Land Use Map amendment, and Zoning Map amendment. Lake Wales Commons MDP Comprehensive Plan Comparison The 558+/- acres has been assembled to accommodate a high-quality, mixed-use development that respects the history and character of Lake Wales while creating a desirable environment to live, work, and shop. The property’s location, east of Winter Haven’s Intermodal Logistics Center and north of the Lake Wales Airport, would allow this property to serve as an attractive “gateway” to the City. Policy I.1.2.8 Mixed Use (MU) indicates that its primary function is to establish centers of master planned suburban/urban activity, intended to develop with a horizontal or vertical mix of residential and non-residential uses, achieving internal trip capture and the development of a high-quality environment for living, working, or visiting. This is directly in line with the proposed development contemplated in the Lake Wales Commons project which would provide a variety of residential housing- single family detached, twin villas, cottages, townhomes, and multi- family; commercial- retail, restaurants, personal services, and office uses; and industrial- light manufacturing and/or distribution and related uses. Through a master planned development, the developer can layout uses, that are often considered incompatible, effectively and efficiently through orientation, the incorporation of naturally occurring features, and buffering, minimizing/eliminating incompatibility between uses. A primary benefit of a mixed-use community is that impacts to offsite infrastructure (primarily roads) are substantially reduced given that most daily needs are available within the development (internal trip capture). Location Criteria for Mixed Use: - Have frontage on an arterial road - Be a minimum of 500 acres given that most daily needs are available within the development (internal trip capture). Location Criteria for Mixed Use: - Have frontage on an arterial road - Be a minimum of 500 acres - Be serviced by City water and sewer services. The Lake Wales Commons project fronts on Highway 60, exceeds the minimum acreage requirement and would be serviced by City water and sewer, satisfying the Location Criteria for MU. The range of potential density/intensity of the project is well within what is allowed pursuant to the Comprehensive Plan for MU. Specifically, the Comprehensive Plan allows a maximum gross density up to 9 units per acre (this project is below 6), and maximum FAR of 1.0 (this project is below .1). The Mixed Use category requires that the project contain at least three of the following categories of land uses: - Minimum ten (10) percent residential - Minimum ten (10) percent Commercial/Professional - Minimum ten (10) percent Light Industrial/Distribution - Minimum five (5) percent Recreation/Open space; or - Minimum three (3) percent Public Use. As shown on a table included in the notes on the MDP plan, the Lake Wales Commons project will include at least 10 percent residential, 10 percent light industrial/distribution, and at least 5% open space, meeting the criteria of the Mixed Use policy. The developer also anticipates that a substantial portion of the project will include commercial/professional uses near Highway 60. OTHER OPTIONS Decline to amend the Future Land Use Map of the Comprehensive Plan. FISCAL IMPACT The Future Land Use designation would enable the development of a mixed- use project, bringing in additional property taxes. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-19 by title only. ORDINANCE 2024-19 (Large-Scale CPA/Future Land Use Map Amendment for approximately 558+/- acres of land contiguous to the western edge of the city and north of State Road 60) AN ORDINANCE OF THE CITY OF LAKE WALES, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATIONS ON APPROXIMATELY 558+/- ACRES OF LAND NORTH OF STATE ROAD 60 FROM COUNTY DESIGNATIONS ARR AND INDUSTRIAL, TO CITY OF LAKE WALES DESIGNATION MU MIXED USE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE  AN ORDINANCE OF THE CITY OF LAKE WALES, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATIONS ON APPROXIMATELY 558+/- ACRES OF LAND NORTH OF STATE ROAD 60 FROM COUNTY DESIGNATIONS ARR AND INDUSTRIAL, TO CITY OF LAKE WALES DESIGNATION MU MIXED USE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Williams made a motion to approve ORDINANCE 2024-19 after 1st reading and Public Hearing. Commissioner Thompson seconded the motion. by voice vote: Commissioner Williams "YES" Commissioner Thompson "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion passed 4-0. 9.III. Ordinance 2024-20 Zoning Map Amendment For 558+/- Acres Of Land At The Western Edge Of The City 1st Reading & Public Hearing – Notice Requirements Have Been Met [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 558+/- 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 July 23, 2024 meeting, finding that the recommended Zoning Map designation is compatible with the proposed Future Land Use Designation of the City Comprehensive Plan and Land Use Regulations: Current Zoning: County Agriculture/Residential Rural (A/RR) & Industrial Proposed Zoning: PDMU Planned Development Mixed Use BACKGROUND The 26 (twenty-six) subject properties (combined acreage 558 +/- acres) are located on the western edge and directly adjacent to the City of Lake Wales jurisdiction boundary and 12 miles east of Bartow, Florida. The parcels are north of SR 60 currently located within Polk County, Florida. The request for a Zoning Map amendment is accompanied by a proposal to allow a Master Development Plan (MDP), under a requested Future Land Use designation of MU (Mixed-Use). Approval of the MDP would be contingent upon adoption at second reading of the annexation, Future Land Use Map amendment, and Zoning Map amendment. Zoning: R-1A Sec 23-401 District Classifications  Approval of the MDP would be contingent upon adoption at second reading of the annexation, Future Land Use Map amendment, and Zoning Map amendment. Zoning: R-1A Sec 23-401 District Classifications PDMU Planned Development Mixed-use district. This district is intended to implement Policy 2.18 of the Comprehensive Plan, in order to facilitate large-scale, mixed-use master planned development on large tracts of land. Properties zoned PDMU shall seek approval of a master development plan, in accordance with division 5, section 23-450 of these land use and development regulations. OTHER OPTIONS Decline to amend the Zoning Map. FISCAL IMPACT The Zoning designation would enable the development of a mixed-use project, bringing in additional property taxes. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-20 by title only. ORDINANCE 2024-20 (Zoning Map Amendment for approximately 558+/- acres of land contiguous to the western edge of the city and north of State Road 60) AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING ZONING MAP TO ASSIGN ZONING DESIGNATIONS ON APPROXIMATELY 558+/- ACRES OF LAND NORTH OF STATE ROAD 60, FROM COUNTY DESIGNATIONS ARR AND INDUSTRIAL, TO CITY OF LAKE WALES DESIGNATION PDMU PLANNED DEVELOPMENT MIXED USE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Gillespie asked if agriculture uses would be allowed. Mayor Hilligoss said yes, and that our planner says yes. Commissioner Thompson made a motion to approve ORDINANCE 2024-20 after 1st reading and public hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion passed 4-0. 9.IV. Master Development Plan (MDP) – Lake Wales Commons Public Hearing  Mayor Hilligoss "YES" Motion passed 4-0. 9.IV. Master Development Plan (MDP) – Lake Wales Commons Public Hearing [Begin Agenda Memo] SYNOPSIS: Shelton Rice, authorized agent for owners, requests approval of City Commission for a Master Development Plan (MDP) for the above-mentioned parcels totaling,558+- acres of land, contingent upon the adoption of the annexation, Future Land Use Map, and Zoning Map ordinances for the above-mentioned parcels. RECOMMENDATION Staff recommends approval of the Master Development Plan (MDP), including conditions of approval, contingent upon the adoption of the associated annexation, future land use map amendment, and zoning map amendment at second readings, following a public hearing, as recommended by the Planning and Board on July 23, 2024. Public Hearing notice requirements have been met. BACKGROUND The 26 (twenty-six) subject properties (combined acreage 558 +/- acres) are located on the western edge and directly adjacent to the City of Lake Wales jurisdiction boundary and 12 miles east of Bartow, Florida. The parcels are north of SR 60 currently located within Polk County, Florida. In 2020, the City adopted a new Future Land Use designation of Mixed Use, including an amendment to the City’s Land Development Code that created a Planned Development Mixed Use zoning district as an implementation measure of the Comprehensive Plan. Applicant Project Narrative & Comp Plan Analysis The current land use is a citrus grove. Per aerial imagery, citrus farming has been located on the properties since at least 1995. Existing site improvements include citrus groves and related support improvements including irrigation wells, pumphouse, several small sheds, and fencing. The requested Comprehensive Plan Future Land Use (FLU) designation is Mixed Use (MU) and the requested Zoning is Planned Development Mixed Use (PDMU) to be consistent and compatible with other large development areas in the surrounding area. The project proposes to utilize these categories of the Comprehensive Plan and Land Development Code as they were written specifically to address large scale development of parcels in excess of 500 acres with the ability to provide a mix of land uses based on the property configuration and its proximity to a major roadway network such as SR 60 that borders the property on the south side. Advantages of the Master Development Plan (MDP) Utilizing the principles of a MDP encourages the preservation of open space and protection of environmentally sensitive areas by clustering development activities. This form of development also prioritizes pedestrian and vehicular connectivity, promoting the creation of pedestrian connectivity throughout the entire project. Trail systems become an important community asset that creates recreational opportunities and provides a safer alternative to vehicular movement throughout the community. Cohesive design and development of a roadway network also promotes a strong sense of place and enables the development to establish a roadway network hierarchy to guide vehicular traffic thoughtfully through the development, allowing for the prioritization of the pedestrian in areas where is more appropriate. project. Trail systems become an important community asset that creates recreational opportunities and provides a safer alternative to vehicular movement throughout the community. Cohesive design and development of a roadway network also promotes a strong sense of place and enables the development to establish a roadway network hierarchy to guide vehicular traffic thoughtfully through the development, allowing for the prioritization of the pedestrian in areas where is more appropriate. Developing large tracts of land in a cohesive manner allows for the location of community uses so that community needs are located within the development boundary and reduces external vehicular trips. Lake Wales Commons Comprehensive Plan Comparison The 558+/- acres has been assembled to accommodate a high-quality, mixed-use development that respects the history and character of Lake Wales while creating a desirable environment to live, work, and shop. The property’s location, east of Winter Haven’s Intermodal Logistics Center and north of the Lake Wales Airport, would allow this property to serve as an attractive “gateway” to the City. Policy I.1.2.8 Mixed Use (MU) indicates that its primary function is to establish centers of master planned suburban/urban activity, intended to develop with a horizontal or vertical mix of residential and non-residential uses, achieving internal trip capture and the development of a high-quality environment for living, working, or visiting. This is directly in line with the proposed development contemplated in the Lake Wales Commons project which would provide a variety of residential housing- single family detached, twin villas, cottages, townhomes, and multi- family; commercial- retail, restaurants, personal services, and office uses; and industrial- light manufacturing and/or distribution and related uses. Through a master planned development, the developer can layout uses, that are often considered incompatible, effectively and efficiently through orientation, the incorporation of naturally occurring features, and buffering, minimizing/eliminating incompatibility between uses. A primary benefit of a mixed-use community is that impacts to offsite infrastructure (primarily roads) are substantially reduced given that most daily needs are available within the development (internal trip capture). Location Criteria for Mixed Use: - Have frontage on an arterial road - Be a minimum of 500 acres - Be serviced by City water and sewer services. The Lake Wales Commons project fronts on Highway 60, exceeds the minimum acreage requirement and would be serviced by City water and sewer, satisfying the Location Criteria for MU. The range of potential density/intensity of the project is well within what is allowed pursuant to the Comprehensive Plan for MU. Specifically, the Comprehensive Plan allows a maximum gross density up to 9 units per acre (this project is below 6), and maximum FAR of 1.0 (this project is below .1). The Mixed Use category requires that the project contain at least three of the following categories of land uses: - Minimum ten (10) percent residential the Comprehensive Plan for MU. Specifically, the Comprehensive Plan allows a maximum gross density up to 9 units per acre (this project is below 6), and maximum FAR of 1.0 (this project is below .1). The Mixed Use category requires that the project contain at least three of the following categories of land uses: - Minimum ten (10) percent residential - Minimum ten (10) percent Commercial/Professional - Minimum ten (10) percent Light Industrial/Distribution - Minimum five (5) percent Recreation/Open space; or - Minimum three (3) percent Public Use. As shown on a table included in the notes on the MDP plan, the Lake Wales Commons project will include at least 10 percent residential, 10 percent light industrial/distribution, and at least 5% open space, meeting the criteria of the Mixed Use policy. The developer also anticipates that a substantial portion of the project will include commercial/professional uses near Highway 60. Development Details 1. Project acreage is 558 +/-. 2. The site lies within flood zones X, A, and AE, Flood Insurance Rate Map (firm) panel 12105C0545H, Polk County and incorporated areas. 3. Any development within the floodplain shall provide compensation pursuant to FEMA requirements. 4. Requested future land use designation is Mixed Use. 5. Development table is listed below. The Commercial/Office/Residential uses may include educational facilities. Development areas may be developed in phases and/or sub phases. Boundaries between the same development area type may be shifted by the developer. Boundaries between different development area types may be shifted subject to approval by the Administrative Official. Land Uses Dwelling Units Square Feet Residential Single Family 1,800 Multi-family Apartments 1,400 Non-Residential Retail/Commercial/Office 750,000 Industrial 1,200,000 Retail/Commercial/Office 750,000 Industrial 1,200,000 Total 3,200 1,950,000 Areas Area Code Density/Intensity Mixed Use 1 MX1 20/0.35 Mixed Use 2 MX2 20/0.35 Mixed Use 3* MX3 0.35 Industrial* IND 0.7 Single Family 1 SF1 5 Single Family 2 SF2 5 Single Family 3 SF3 5 Single Family 4 SF4 5 Single Family 5 SF5 5 *Residential is not permitted in MX3 and IND areas. 6. Permitted uses shall be consistent with and as allowed by the PDMU (Planned Development Mixed Use) District and Master Development Plan standards, as set forth in section 23-450, Uses Permitted (Table 23-421) of the City of Lake Wales Code of Ordinances requiring permitted uses be included as identified herein, and on the approved site plan. Mixed use Future Land Use requires three out of five land uses be provided in the project based on the minimums shown in the table below. The three chosen land uses are also shown in the table below. Percentage Minimums Y/N Min Acreage req'd Provided Acreage Min 10% Residential Y 55.9 Not less than 56 acres Min 10% Commercial/Professional 55.9 Min 10% Light Industrial/Distribution Y 55.9 Not less than 56 acres Min 5% Recreation/Open Space Y 27.9 Not less than 28 acres Minimum 3% Public Use 16.8 7. A vertical mix of land uses shall be permitted in Office/Commercial areas, including residential uses on second and higher stories above office/commercial structures and any additional development shall not specifically be excluded from FAR calculations and limitations contained herein. 7. A vertical mix of land uses shall be permitted in Office/Commercial areas, including residential uses on second and higher stories above office/commercial structures and any additional development shall not specifically be excluded from FAR calculations and limitations contained herein. 8. Single-Family, Multifamily and Office Commercial entitlements may be exchanged or mixed between development pods/parcels. Units may be transferred between development areas and the gross density may be exceeded for a particular development area, provided the total aggregate unit count of a particular use does not exceed what is permitted in the overall Master Development Plan, the exchange remains consistent with other requirements of the Master Development Plan and the policy provisions of the Mixed Use- Future Land Use as stated in the Comprehensive Plan, and does not result in trips in excess of the approved traffic trips. 9. Required Master Development Plan open space is 20% (111.74 acres). The project will provide at least 20% of the total project area open space (111.74 acres). The open space consists of wetlands, natural areas, perimeter buffers, common open space, linear parks, amenity centers and recreational areas. Common open space (green areas) may also be located within individual development parcels but not on individual lots. At a minimum, the open space includes 10% usable open space (55.87 acres) which may include linear parks, trails, recreational amenity centers, unprogrammed recreation areas and accessible lakes or wetlands that are made accessible with trails. Open space shall be quantified based on the entirety of the Master Development Plan and, not by the individual development pods or parcels. Transfer of excess open space shall be allowed between pods to meet overall open space requirement. 10.The proposed gross residential density is 6 du/ac. 11.The maximum allowed floor area ratio is 0.35. The FAR ratio shall be calculated per individual development pod or parcel, and not based on the totality of Master Development Plan. 12.The sizes, quantity and specific location of the community parks as shown on this Master Development Plan are conceptual. The final quantity, location and sizes will be determined through the approval of final plats and accompanying construction plans. Recreational amenities shall be provided in accordance with Section 23-450.5 through 23-450.7 of the Lake Wales Code of Ordinances. 13.Parks, recreational and municipal uses shall be allowed in all Development Areas, subject to the review and approval of design and locations by the Administrative Official and the site plan approval. 14. Interim agricultural uses shall be permitted on the property. 15. Wetlands as shown are NWI wetlands. Dimensional Criteria 16.The Master Development Plan dimensional criteria is shown in the table below. Type Minimum Lot Width Minimum Lot Size Min. Setbacks Principal Buildings (FT) Maximum Building Height 16.The Master Development Plan dimensional criteria is shown in the table below. Type Minimum Lot Width Minimum Lot Size Min. Setbacks Principal Buildings (FT) Maximum Building Height Front Side Rear Residential** Single Family Detached 40' to 60' 4000 *15' 5' 15' 35' Single Family Detached 60' + 6000 *15' 5' 15' 35' Townhome 16' 1440 *15' 0' (10' between buildings) 15' 35' Townhome (Alley load) 16' 1440 *15' 0' (10' between buildings) 15' 35' Twin Villas 25’ 2500 *15 5' (10' between buildings) 15' 35' Villas 30' 3000 *15' 0' (10' between buildings) 15' 35' Villas (Alley Load) 30' 3000 *15' 0' (10' between buildings) 15' 35' Cottages (20'x60') 20' 1200 *5' 0' (10' between buildings) 10' 35' Multifamily N/A N/A *25' 25' 25' 65' / 5 stories Non-Residential** Commercial N/A N/A *25' *20' *25' 35' Office N/A N/A *25' *20' *25' 65' Industrial N/A N/A *25' *20' *25' 50’ *Residential garages shall be set back a minimum of 25 feet to promote recessed garages. Corner lots shall have a 20-foot setback for the primary frontage and 15 feet for the secondary frontage. **Unless otherwise identified on the Master Development Plan, the development standards of uses not specifically identified herein, shall be in conformance with Chapter 23 of the City of Lake Wales Code of Ordinances. Public Utilities: 17.The provision of off-site water and sewer, and reclaimed water improvements are subject to the approval of the city engineer. 18.The provision of on-site water and sewer, and reclaimed water improvements are subject to the approval of the city engineer. 19. All utilities shall be placed below ground except where connecting to existing above ground utilities. 20.The construction and location of any proposed wetland/other surface water impacts and the approval of the city engineer. 19. All utilities shall be placed below ground except where connecting to existing above ground utilities. 20.The construction and location of any proposed wetland/other surface water impacts and mitigation plan shall be reviewed and permitted through the Southwest Florida Water Management District. Wetland buffers shall be an average of 25 feet wide with a minimum width of 15 feet. Transportation: 21. An interconnected system of linear parks and trails shall be provided throughout the community. Trails may be provided within road rights-of-way. The main trail along the project boulevard will be a minimum of 8 foot wide and with a 5-foot sidewalk provided on the opposite side of the boulevard. 22. Sidewalks on local streets shall be installed in accordance with Section 23-450.5 through 23-450.7 of the City of Lake Wales Code of Ordinances. 23. Internal roadway alignments and site access points are conceptual. Specific location of rights-of-way will be determined through the approval of preliminary site plans and accompanying construction plans. 24. Streets are anticipated to be public (city owned), however, the Developer reserves the right to provide private streets, gated or ungated, for individual neighborhoods. Unimpeded travel by the public shall be allowed on the boulevard shown on the plan. 25. All project external access points on Polk County and FDOT roads shall be subject to Polk County and FDOT requirements. General: 26. Due to the magnitude of the project, the Developer shall: A. Track the number/type of dwelling units and commercial, retail, office, square feet, as identified on this Master Development Plan. Said tracking shall be provided with each preliminary site plan and accompanying construction plan application or final plat. B. Prior to the receipt of a certificate of occupancy for the 500th dwelling unit or the equivalent non-residential development based on trip generation, the Applicant shall provide an overall master infrastructure plan to address utilities, transportation, recreation and trails, telecommunications (including internet service) which shall be provided to the Administrative Official. i. Provision of public utilities, transportation improvements, recreation (including trails and other open space); and other urban services; and ii. Granting of necessary easements or rights to allow for private utilities (i.e., telecommunication or internet service providers) to provide services within the development property; and iii. Establishing methods, including but not limited to impact fee payments, mitigation agreement, or other arrangements to ensure concurrency is met for public schools. telecommunication or internet service providers) to provide services within the development property; and iii. Establishing methods, including but not limited to impact fee payments, mitigation agreement, or other arrangements to ensure concurrency is met for public schools. C. After submittal and approval of the master infrastructure plan, the Applicant shall submit an annual status report to the Administrative Official prior to November 1 of each year including the amount, type, and intensity of development from the prior year and provide analysis to determine the proper scheduling of infrastructure improvements identified in the master infrastructure plan. Specific Planned Development Criteria: 27. Specific design features within the development will meet the criteria required in Section 23-450, Master Development Plan Regulation criteria. Specific design features may include but are not limited to: A. Additional usable open space in the form of accessible lakes, programmed recreation amenity centers, pedestrian friendly trail systems or unprogrammed recreation areas. B. Variety of building façades with unique architectural features, as further defined in Monotony Control criteria in Note 28. C. Streets designed predominantly in a curvilinear fashion. D. Installation of street trees. E. Pedestrian friendly trail system traversing the development – with connections to recreational amenities and sidewalk system throughout the development. F. Require walkable neighborhoods with pedestrian connections to recreational amenities, institutional uses, and non-residential services. G. Require internal street connections to allow access to commercial services for residents. H. Provide identifiable pedestrian and vehicular accessible community centers with programmed recreational amenities within the communities. I. Provide additional unprogrammed pedestrian focused recreation areas within the communities. These may include more passive recreation including but not limited to pocket parks and linear parks. J. Project shall provide a range of housing choices including multifamily, townhomes, villas, and a minimum of three (3) single family detached lot sizes. The project design shall also disperse the housing products throughout the development to provide visual interest in both design and architectural features and to avoid monotony. 28. Monotony Control – In addition to the criteria in Section 23-3442(e.) of the City’s Land Development Code, the proposed development shall adhere to the following: A. Houses shall be required to have sufficient difference in color schemes and front elevation by providing a minimum of two architectural features (i.e., stone/brick work, lap siding, shutters, 28. Monotony Control – In addition to the criteria in Section 23-3442(e.) of the City’s Land Development Code, the proposed development shall adhere to the following: A. Houses shall be required to have sufficient difference in color schemes and front elevation by providing a minimum of two architectural features (i.e., stone/brick work, lap siding, shutters, decorative garage doors and/or decorative cornices/moldings). B. Front yard setbacks for single family detached homes on non-curvilinear streets must vary by a minimum of 2 feet to provide varied streetscapes. C. Development pods of varying lot widths shall be dispersed throughout the development to avoid a repetitive pattern and establish discrete and identifiable neighborhoods. Individual development pods may be designed with one common lot width or varying widths. D. Other monotony standards as described in the city LDC Sec. 23-442 (c) "Establishes discrete and identifiable neighborhoods and avoids the monotony of long rows or blocks of units or lots; provides a basis for varied streetscapes". 29. Landscape and site buffering features: A. Screening and buffering will be provided in accordance with Section 23-450.5 through 23- 450.7 of the City of Lake Wales Code of Ordinances and landscape plans shall be approved by the Administrative Official at the site plan submitted for each discrete phase. B. Street Trees - The project shall provide 1 tree per single family detached lot. Corner lots shall include a minimum of two street trees, one per each roadway frontage. C. Perimeter landscape buffers abutting property lines shall be an average of 20 ft wide. 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. D. A 20 ft landscape buffer shall be provided along spine roads within the development where the rear yards of lots abut the spine road. 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. E. A 30 ft perimeter landscape buffer shall be provided adjacent to external arterial and collector roadways. 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. Internal development pods shall not require buffering between pods when the same and/or compatible uses are proposed. F. Fences and/or privacy walls, a maximum of 6 ft in height, may be constructed along the perimeter project boundary and adjacent to internal spine roads. Chain link fences shall be prohibited as a perimeter development buffer. G. The project shall retain, to the extent possible and where appropriate, natural features on the external perimeter boundary for use in landscape buffers and to limit the external exposure to the development. Where those features exist, they may be deemed to meet the landscape buffer requirement. Lake Wales Commons Impact Analysis G. The project shall retain, to the extent possible and where appropriate, natural features on the external perimeter boundary for use in landscape buffers and to limit the external exposure to the development. Where those features exist, they may be deemed to meet the landscape buffer requirement. Lake Wales Commons Impact Analysis April 1, 2024 Impact Analysis (Sec. 704.4): The City of Lake Wales Official Code of Ordinances, Chapter 23. Zoning, Land Use and Development Regulation requires an impact analysis accompany Large Scale Comprehensive Plan Map Amendments. This application proposes to annex a total of 558.7+ acres into the City of Lake Wales, thereby amending the Future Land Use on the property from a Polk County FLU designation of A/RR to the City of Lake Wales FLU designation of Mixed-Use (MU). Preliminary estimates for development are as follows: Residential Single Family Detached – 1,800 dwelling units Mixed Use – 1,400 Units Nonresidential Retail/Commercial/Office – 750,000 square feet Industrial – 1,200,000 square feet • These preliminary entitlements total 3,200 residential units and 1,950,000 square feet of nonresidential floor area. Below is an evaluation of anticipated impacts associated with this proposed amendment. The U.S. Census Bureau estimates average persons per household in the City of Lake Wales to be approximately 2.63 persons per household. 1. Sanitary sewer. Residential For residential development, projected sanitary sewer flows are based on the projected number of residents and the LOS Standard provided in Section 23- 706, or 100 gallons per capita per day. Buildout of 3,200 residential units results in 841,600 gallons per day (3,200*2.63*100). Non-residential In order to establish a preliminary estimate for anticipated wastewater flows for nonresidential land uses, we estimated gallons per day per square foot, based on use. The anticipated wastewater flow for 1,950,000 square feet of retail, office, warehouse and self storage is estimated to be approximately 195,000 gallons per day. 2. Potable water. Residential For residential development, projected potable water demand is based on the projected number of residents and the LOS Standard provided in Section 23- 706, or 122 gallons per capita per day. Buildout of 3,200 residential units may result in the potable water demand of 1,026,752 gallons per day (3,200*2.63*122). Non-residential In order to establish a preliminary estimate for anticipated water demand for nonresidential land uses, we estimated gallons per day per square foot, based on use. The anticipated potable water demand for 1,950,000 square feet of retail, office, warehouse and self storage is estimated to be approximately 234,000 gallons per day. 3. Solid waste. To estimate solid waste generation for residential development, we utilized the Level of Service standard of 7.3 pounds per person per day. Based on that LOS, 3,200 residential units may generate approximately 61,436 pounds per day of solid waste. For nonresidential development, we estimated approximately 1 pound of solid waste per 100 square feet of nonresidential floor area. That results in the generation of 1,950 pounds per 3. Solid waste. To estimate solid waste generation for residential development, we utilized the Level of Service standard of 7.3 pounds per person per day. Based on that LOS, 3,200 residential units may generate approximately 61,436 pounds per day of solid waste. For nonresidential development, we estimated approximately 1 pound of solid waste per 100 square feet of nonresidential floor area. That results in the generation of 1,950 pounds per day of solid waste for 1,950,000 square feet of nonresidential floor area. 4. Roads. A traffic impact statement will be provided with the Rezone Application and Master Development Plan, followed by a traffic impact analysis at the time that transportation concurrency is sought for specific development. Chapter 23, Section 704.4 states the following: “Preliminary traffic generation information, including estimated number of trips and estimated impact upon roadways adjacent to the proposed development or use shall be provided with applications for preliminary subdivision plats, preliminary planned development project plans, major and minor site plans and changes of use. Local and minor collector roads shall be considered project-level facilities, to be provided by the developer. A certificate of transportation concurrency or an exemption from Polk County is required prior to the issuance of a site development permit or certificate of use for any project or change of use impacting county or state roadways.” 5. Recreation and open space (for residential development only). The U.S. Census Bureau estimates average persons per household in the City of Lake Wales to be approximately 2.63 persons per household. That rate was used to estimate the buildout of the subject property could result in a residential population of approximately 16,043. Given that estimate and the LOS standards for parks, the following park acreages may be required during development: • Mini Park (0.25 acres per 1,000 people) – 2.1 acres • Neighborhood Park (1.50 acres per 1,000 people) – 12.62 acres • Community Park (2 acres per 1,000 people) – 16.83 acres • Total Park (3.75 acres per 1,000 people) – 31.56 acres Mini parks and neighborhood parks are considered project-level facilities, to be provided by the developer at time of development. Details regarding recreation and open space will be provided with future applications. 6. Drainage. Information as required for applications for preliminary subdivision plats, preliminary planned development project plans, and site plans shall suffice for review of drainage concurrency. Drainage is considered a project-level facility, to be provided by the developer. A copy of the storm water management permit or exemption letter from the Southwest Florida Water Management District is required prior to the issuance of a site development permit (section 23-217). This information will be provided to the City for review prior to development. 7. Public schools. School concurrency requirements will be provided at time of application for a major or minor site plan, or subdivision plat. Preliminary projections of students to be generated by the development will be provided with an application for a preliminary subdivision plat. Conditions of Approval 1. Land development standards not specifically listed within the 7. Public schools. School concurrency requirements will be provided at time of application for a major or minor site plan, or subdivision plat. Preliminary projections of students to be generated by the development will be provided with an application for a preliminary subdivision plat. Conditions of Approval 1. Land development standards not specifically listed within the Dimensional Criteria of the MDP (standard 16) shall be in conformance with Chapter 23 of the Code of Ordinances except as otherwise provided in these conditions or on the Master Development Plan. 2. The Developer shall enter into an agreement with the City for the transfer of capacity of any wells located on site. 3. Infrastructure-related master plans including, but not limited to, Utilities, Transportation, Recreation and Trails, Telecommunications and Broadband, shall be required as such time that the development submits a site plan application for its first development within the SF 1 -4 residential pods, and an annual status report shall be provided to the Administrative Official. 4. With the first development within the SF 1-4 residential pods a Neighborhood Green Network Plan shall be provided per the ideals of Lake Wales Envisioned, taking into consideration existing floodplain areas and other natural features of the site. This Plan may be included as part of the MIP. 5. Stub-outs for future connectivity to adjoining properties shall be provided, where feasible, and shown on individual site plan submittals. 6. Perimeter landscape buffer plans shall be submitted for approval concurrently with the pod or phase which abuts the applicable roadway(s), and installed during the construction of that pod or phase. 7. Except for commercial uses along State Road 60, non-residential development located along the north south spine road shall be designed so to screen parking from view as much as possible, by creating a close building to street relationship. 8. The Administrative Official shall approve specific design and locations of recreational areas at site plan approval. All residential lots shall be within 1,320 feet of a park, based on walkable street/network distance. Recreational areas shall include walking trails and lakes. Each Residential Pod of 100 units or greater shall have a Neighborhood Park, which must be a minimum of 32,670 square feet in size, with a minimum width of 40 feet. Allocation of park space shall be at the discretion of the developer. 9. Pre-existing legally non-conforming agricultural uses on the property shall be permitted to continue, so long as the non-conformity is not increased. 10. All commercial and multifamily building facades facing streets shall include fenestration, architectural relief, or both so that no portion of a façade shall have a blank area greater than 50 feet in width measured horizontally along the face of the building. 11. Recreation and open space areas shall be located adjacent to roadways or easily accessible by the neighborhood. Park areas shall not be located along the rear of private lots. 12. Approval of the MDP shall not satisfy concurrency requirements. 11. Recreation and open space areas shall be located adjacent to roadways or easily accessible by the neighborhood. Park areas shall not be located along the rear of private lots. 12. Approval of the MDP shall not satisfy concurrency requirements. 13. New developments proposing a street network shall provide a block length of 200 feet or greater, but shall not exceed 950 feet, with a perimeter of less than 2,500 feet excluding where wetlands, lakes or stormwater features are located within the block. For the purpose of this section, block shall be defined as a group of lots within well-defined and fixed boundaries, usually surrounded by streets. 14. Street Tree Plan shall include a minimum of two street trees per corner lot – one per each roadway frontage. 15. Landscape plans shall be approved by the Administrative Official, or their designee, per each pod or phase. 16. Individual neighborhoods should not be isolated from the surrounding area and instead should be interconnected by its street network, trails, and connected green spaces. Subdivision walls are discouraged, except for when the neighborhood is proposed to be gated. Subdivision walls may only be allowed on the external right of way to an individual development pod and when broken into sections of less than 500 feet in length with intermittent landscaped breaks of a minimum of 30 feet to allow for trails connections and visual aesthetics. 17. Chain link fences shall be prohibited as a perimeter landscape buffer and within residential pods. Staff Findings 1. The site is located within the City’s utility service area. 2. The City has an existing water main available to serve the project which is in current need of an increase in daily usage in order to reduce wasting water flow. 3. The recommended Future Land Use category of MU is consistent with Policy I.1.2.8 of the Comprehensive Plan Future Land Use Element. 4. The recommended Zoning designation of PDMU is consistent with the intentions of Section 23-401 District Classifications of the Land Development Code. 5. The Conditions of Approval agreed upon between Planning Staff and the applicant, and the Residential Design Guidelines found in Section 23-450.5, ensure the quality layout and design of the future development of individual pods. FISCAL IMPACT Approval of the MDP would enable the annexation and development of 558 acres of land within the city. [End Agenda Memo] OPENED PUBLIC HEARING Skip Alford, Director of the Lake Wales Chamber of Commerce and Economic Development  [End Agenda Memo] OPENED PUBLIC HEARING Skip Alford, Director of the Lake Wales Chamber of Commerce and Economic Development Council, said that the EDC endorses this project. CLOSED PUBLIC HEARING Commissioner Thompson made a motion to approve the Master Development Plan. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion passed 4-0. 9.V. ORDINANCE 2024-22 Public Notices 1st Reading [Begin Agenda Item] SYNOPSIS Ordinance 2024-22 Amends Chapter 23 of the City’s Code of Ordinances allowing for the City of Lake Wales to use Polk County’s Publicly Accessible Website for Public Notices. RECOMMENDATION Staff recommends approval of Ordinance 2024-22 after 1st reading. BACKGROUND Florida's HB 7049 (2022) empowers municipalities to utilize county websites for public notices. Polk County adopted a corresponding ordinance (Ordinance 2024-041) in July, establishing a website and partnering with D-R Media (Polk News Sun) to ensure accessibility. This shift offers significant benefits: • Cost Savings: The City currently spends roughly $30,000 annually on legal ads in declining print media. • Increased Accessibility: The County website is live (https://polkcounty.column.us/search), ADA compliant, and allows for email notifications tailored to user preferences. Print media limitations (Wednesday-only publication, Saturday gaps) can hinder timely public notice for commission meetings or other important matters. • Faster publication: Online publishing typically allows for quicker posting of public notices compared to print deadlines. • Transparency and Continuity: The City website will maintain a link to the County's public notice platform. Additionally, an annual notice in the paper will inform residents of the switch. OTHER OPTIONS Do not adopt Ordinance 2024-22 and continue to publish public notices in the printed newspaper.  link to the County's public notice platform. Additionally, an annual notice in the paper will inform residents of the switch. OTHER OPTIONS Do not adopt Ordinance 2024-22 and continue to publish public notices in the printed newspaper. FISCAL IMPACT The publication cost for public notices will be greatly reduced. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-22 by title only. ORDINANCE 2024-22 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, PROVIDING FOR PUBLICATION OF LEGAL ADVERTISEMENTS AND PUBLIC NOTICES ON A PUBLICLY ACCESSIBLE WEBSITE IN LIEU OF A NEWSPAPER WHEN NEWSPAPER PUBLICATION IS REQUIRED BY LAKE WALES ORDINANCE, RESOLUTION, CODE, BOARD POLICY, ADMINISTRATIVE ORDER OR GENERAL LAW; AMENDING CHAPTER 23 ZONING, LAND USE AND DEVELOPMENT REGULATIONS AS IT PERTAINS TO PUBLIC NOTICE REQUIREMENTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Commissioner Thompson made a motion to approve ORDINANCE 2024-22 after 1st reading. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion passed 4-0. 9.VI. Resolution 2024-21 - Polk Transportation Planning Organization Membership Apportionment Plan [Begin Agenda Memo] SYNOPSIS: The Polk Transportation Planning Organization (TPO) is required to review the composition of the Polk TPO’s membership in conjunction with the decennial census and prepare a membership apportionment plan to submit to the Governor for approval. RECOMMENDATION Staff recommends City Commission adopt Resolution 2024-01 authorizing the Mayor to execute the Amended Interlocal Agreement after the Governor’s approval of the Membership Apportionment Plan. BACKGROUND The Governor has requested the Polk TPO submit a Membership Apportionment Plan based on the 2020 Census. Through its adoption of TPO Resolution 2023-12, the TPO Board formally approved a Membership Apportionment Plan for submission to the Governor. This plan is based on the current membership structure and adds four (4) members to several jurisdictions in Northeast Polk County due to significant increases in  BACKGROUND The Governor has requested the Polk TPO submit a Membership Apportionment Plan based on the 2020 Census. Through its adoption of TPO Resolution 2023-12, the TPO Board formally approved a Membership Apportionment Plan for submission to the Governor. This plan is based on the current membership structure and adds four (4) members to several jurisdictions in Northeast Polk County due to significant increases in population observed in these areas since 2010. As a result, the voting membership of the TPO has been increased from 19 to 23 members. This increase has to be apportioned to the member cities. FISCAL IMPACT None. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2024-21 by title only. RESOLUTION NO. 2024-21 A RESOLUTION ENDORSING THE MEMBERSHIP APPORTIONMENT PLAN FOR THE POLK TRANSPORTATION PLANNING ORGANIZATION AND AUTHORIZING THE CHAIRMAN/MAYOR TO EXECUTE AN AMENDED INTERLOCAL AGREEMENT Commissioner Thompson made a motion to adopt RESOLUTION 2024-21. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion passed 4-0. 9.VII. Resolution 2024-22 Declaration Of Office Intent For Reimbursement From Proceeds Of Tax-Exempt Debt For Expenses To Be Incurred [Begin Agenda Memo] SYNOPSIS: Adoption of Resolution 2024-22 in connection with the acquisition of real property and renovation of the existing building thereon for use as a public safety facility and/or other municipal purposes, the expansion of two Fire Stations, and for other capital projects. The City expects to incur expenses for which the City intends to reimburse itself. STAFF RECOMMENDATION: Staff recommends that the City Commission: 1) Adopt Resolution 2024-22, authorizing Declaration of Official Intent under U.S. Treasury Regulations with respect to reimbursement from note and bond proceeds of temporary advances made for payment prior to issuance, and related matter. BACKGROUND: In anticipation of possible debt being necessary to fund 1) The acquisition of real property. The renovation of the existing building thereon for use as a public safety facility and/or other municipal purposes (Estimated at $1,200,000). 2) The expansion of two Fire Stations (Estimated at $1,800,000).  BACKGROUND: In anticipation of possible debt being necessary to fund 1) The acquisition of real property. The renovation of the existing building thereon for use as a public safety facility and/or other municipal purposes (Estimated at $1,200,000). 2) The expansion of two Fire Stations (Estimated at $1,800,000). 3) And for other capital projects. Staff recommends approval of the attached resolution to be executed. This resolution is necessary to comply with United State Treasury Regulations for funding infrastructure projects with tax exempt debt when the City intends to reimburse itself from debt proceeds. FISCAL IMPACT There is no fiscal impact associated with adoption of Resolution 2024-22. [End Agenda Memo] Jennifer Nanek, City Clerk, read RESOLUTION 2024-22 by title only. RESOLUTION NO. 2024-22 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAKE WALES, FLORIDA DECLARING THE OFFICIAL INTENT OF THE CITY TO REIMBURSE ITSELF FROM THE PROCEEDS OF TAX-EXEMPT DEBT FOR EXPENSES TO BE INCURRED WITH RESPECT TO CERTAIN PROJECTS; AUTHORIZING CERTAIN INCIDENTAL ACTIONS; AND PROVIDING AN EFFECTIVE DATE. Commissioner Thompson made a motion to adopt RESOLUTION 2024-22. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Mayor Hilligoss "YES" Motion passed 4-0. 10. CITY ATTORNEY Albert Galloway, Jr., City Attorney, said that as there was discussion about water lines, particularly the utility expansion to the west, he wanted to provide some historical context. In 2007, the city had a disagreement with the City of Winter Haven regarding utility service areas. This dispute led to litigation in May of that year. He said that we eventually reached a stipulated settlement agreement that defined the utility service areas for both cities and established an interconnection point between our utilities and Winter Haven's. In 2015, Kimley Horn prepared construction plans for the Lake Wales utility system along SR 60. To facilitate the extension of these utilities westward, the city filed an eminent domain action in 2016 to acquire utility easements along the north side of State Road 60. The acquired easements allowed for the installation of a 12-inch PVC water line. However, this water line currently sits unused, and more development is needed to fulfill its intended purpose. 11. CITY MANAGER James Slaton, City Manager, reported that the city's Economic Development Strategic Plan has been recognized with a national award by the National Association of Development Organizations (NADO). The award will be presented to the city in October. Additionally, Mr. Slaton announced that the city, in collaboration with three neighboring cities (Winter Haven, Bartow, and Fort Meade) and their respective Economic Development Councils, has applied for a $240,000 grant from the Federal Economic Development Administration. This grant will support a multi-  James Slaton, City Manager, reported that the city's Economic Development Strategic Plan has been recognized with a national award by the National Association of Development Organizations (NADO). The award will be presented to the city in October. Additionally, Mr. Slaton announced that the city, in collaboration with three neighboring cities (Winter Haven, Bartow, and Fort Meade) and their respective Economic Development Councils, has applied for a $240,000 grant from the Federal Economic Development Administration. This grant will support a multi- jurisdictional economic development plan focused on State Road 60. Each participating city will contribute $15,000 to this 2-year initiative aimed at creating a comprehensive strategic plan for economic development along Highway 60. 11.I. Commission Meeting Calendar 12. CITY COMMISSION COMMENTS Commissioner Williams said that a lot of great things are happening in Lake Wales. Commissioner Thompson said that he believes government regulation is excessive and should be reduced. He said that individuals and businesses should have more freedom to make their own choices especially regarding CDDS, and that government should not be overly involved in regulating markets. Commissioner Thompson also emphasized the strong position of Lake Wales regarding water resources. He highlighted the city's involvement in the Polk Regional Water Cooperative and expressed confidence in the city's ability to meet future water needs without resorting to land use transitions or additional capacity. Commissioner Thompson praised the city manager and staff for their effective management of the city's resources and their commitment to the best interests of the citizens. Commissioner Thompson paid tribute to Deputy Mayor Robin Gibson, who is stepping down as attorney for Lake Wales Charter Schools, acknowledging his significant contributions to the development and success of the charter schools. 13. MAYOR COMMENTS Mayor Hilligoss said that it was exciting to hear about the approval of the sidewalk work on the linear garden and the upcoming sculpture garden. We can continue to expect these exciting developments in our city. He said that he agrees with Commissioner Williams that many great things are happening in Lake Wales. 14. ADJOURNMENT The meeting was adjourned at 6:45 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk