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City Commission Regular Meeting

Regular Meeting

Lake Wales, FL · November 19, 2024

AgendaMinutes

Minutes

City Commission Meeting Minutes November 19, 2024 (APPROVED) 11/19/2024 - Minutes 1. INVOCATION Rev Rob Quam gave the invocation. 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER In absence of the Mayor, Deputy Mayor Gibson 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, Carol Gillespie, Robin Gibson, Daniel Williams Commission Member Absent: Mayor Jack Hilligoss Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City Attorney 5. COMMENTS AND PETITIONS Ann Richards, resident, spoke on possible increase of contributions to the EDC. She expressed concerns about funding a program similar to what we currently have. She encouraged review of this project. Dr. Virgil Ullom, non resident, shared about his faith and blessings of being an American. Howard Davies, resident, said the intersection of MLK and Central is dangerous and we need some kind of light there. Becky Wynkoop, resident, said our hospital needs improvement. They don't offer certain services. 6. 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" by voice vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Motion approved 4-0. 6.I. Minutes - November 5 & 13, 2024 6.II. Contract Award – Central Florida Electrical Of Polk County, LLC [Begin Agenda Memo] SYNOPSIS: The City Commission will consider the approval of the vendor selection of Central Florida Electrical of Polk County, LLC for HVAC repair and replacement services. STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following action(s): 1. Approve the contract with Central Florida Electrical of Polk County; and 2. Authorize the City Manager to execute the contract on behalf of the City. BACKGROUND On August 29, 2024 the City of Lake Wales advertised a Request for Proposal that the City was seeking a qualified vendor to provide the entire spectrum of customarily provided electrical services to governmental entities when needed. The first advertisement staff received no proposals. A second Request for Proposal was advertised on September 26, 2024. Staff received one proposal from Central Florida Electrical of Polk County, LLC. The agreement will be for the term beginning November 20, 2024 through October 31, 2027 with the option to re-new for two (2) additional one-year terms upon the mutual agreement by both parties. OTHER OPTION The City Commission may choose not to approve this agreement. FISCAL IMPACT Fees will be determined per project [End Agenda Memo] 6.III. Special Event Permit Application From The First Institutional Missionary Baptist Church For Their Fall Festival Event [Begin Agenda Memo] SYNOPSIS: Approval of the special event permit application will allow the First Institutional Missionary Baptist Church to host their event that will include a road closure of Lincoln Avenue from D Street to E Street on Saturday November 23rd from 8:00 a.m. – 3:00 p.m. RECOMMENDATION: It is recommended that the City Commission take the following action: 1. Approve the special event permit application from the First Institutional Missionary Baptist to host a Fall Festival event on Saturday November 23rd 2024 from 8:00 a.m. – 3:00p.m. from D Street to E Street on Saturday November 23rd from 8:00 a.m. – 3:00 p.m. RECOMMENDATION: It is recommended that the City Commission take the following action: 1. Approve the special event permit application from the First Institutional Missionary Baptist to host a Fall Festival event on Saturday November 23rd 2024 from 8:00 a.m. – 3:00p.m. 2. Approve the temporary street closing of Lincoln Avenue from D Street to E Street between the hours of 8:00 a.m. and 3:00 p.m. BACKGROUND: First Institutional Missionary Baptist has submitted a special event permit application for the church to host a Fall Festival event. The church has requested a road closure of Lincoln Avenue between D Street and E Street. Staff has reviewed the application and has no issues with the street closing. The church is handling all site set ups, sanitary facilities, trash receptacles and trash clean up. Insurance has been provided as required. OTHER OPTIONS: Do not approve the event or street closing. [End Agenda Memo] 6.IV. Approval Of A $25,000 Grant To The Blossom Charitable Foundation For Infrastructure Needs At The Orange Blossom Revue Event. [Begin Agenda Memo] SYNOPSIS Request for $25,000 Grant to Support Orange Blossom Revue Infrastructure. RECOMMENDATION Staff recommends approval of this $25,000 grant. BACKGROUND The Orange Blossom Revue is an annual music festival that has become a significant cultural event for Lake Wales. The festival has grown substantially over the years, attracting a diverse audience and contributing to the local economy. However, the event's increasing popularity has also led to increased infrastructure needs, including power, fencing, and stage equipment. To ensure the continued success of the festival and its positive impact on the community, additional funding is required to support these infrastructure improvements. OTHER OPTIONS Do not approve the grant or modify the amount FISCAL IMPACT $25,000 from the general fund. This is in the budget. [End Agenda Memo] 7. OLD BUSINESS 7.I. ORDINANCE 2024-18 Annexation Lake Wales Commons Approximately 558+/- Acres Of Land At The Western Edge Of The City– 2nd Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Ordinance 2024-18 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 adoption at second 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. Ordinance 2024-18 was approved by City Commission at first reading on August 20, 2024, along with a Master Development Plan which was approved contingent upon adoption of this ordinance. A recommendation from the Planning and Zoning Board is not required for an annexation RECOMMENDATION Staff recommends adoption at second 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. Ordinance 2024-18 was approved by City Commission at first reading on August 20, 2024, along with a Master Development Plan which was approved contingent upon adoption of this ordinance. 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] 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 Janeen Montgomery, resident, spoke against this. She said we are pricing residents out of being able to afford homes in Lake Wales. CLOSED PUBLIC HEARING Shelton Rice, attorney for Peterson & Myers in Lakeland, presented the proposal for a 558- acre mixed-use development. He emphasized the project's commitment to mixed-use development, including a substantial portion that could include affordable housing. The project aims to offer a variety of housing options, from large estate homes to townhomes, to cater to different income levels. Additionally, the development will include commercial and industrial components. Mr. Rice highlighted the project's potential to contribute to the city's growth and economic development. Commissioner Thompson acknowledged the public's concerns about the lack of affordable housing in Lake Wales. However, he emphasized that the proposed development could contribute to addressing this issue by offering a variety of housing options, including affordable economic development. Commissioner Thompson acknowledged the public's concerns about the lack of affordable housing in Lake Wales. However, he emphasized that the proposed development could contribute to addressing this issue by offering a variety of housing options, including affordable housing. He also highlighted the need for economic development and the attraction of higher- end housing to support the city's growth. Commissioner Thompson explained that the annexation of the land is a crucial step in ensuring that the city has control over its future development. He acknowledged the complexities of the development process and the time it takes to bring projects to fruition. Ultimately, he expressed optimism about the future of Lake Wales and the positive impact that this development could have on the community. Commissioner Gillespie expressed enthusiasm for the proposed mixed-use development, praising its potential to create a vibrant and attractive community. She acknowledged that the project is a long-term endeavor and expressed hope that she would live to see its completion. She emphasized the project's potential to attract a diverse range of residents and businesses, contributing to the overall growth and prosperity of Lake Wales. Deputy Mayor Gibson emphasized the importance of attracting quality businesses and creating job opportunities to improve the local economy. He highlighted the need for affordable housing and the role of owner-operated businesses in driving economic growth. Deputy Mayor Gibson also discussed the significance of the proposed development in Lake Wales, emphasizing its potential to contribute to the city's long-term prosperity. He expressed satisfaction with the project's flexibility and its alignment with the city's overall development goals. Commissioner Gillespie emphasized the importance of annexing the 558-acre property to ensure Lake Wales' continued growth and economic development. She noted that other cities may be interested in annexing the land, highlighting the urgency of the city's action. She also emphasized the need to protect the city's natural resources and to balance development with conservation efforts. Deputy Mayor Gibson emphasized the importance of maintaining Lake Wales' unique character and avoiding urban sprawl. He highlighted the city's commitment to quality development and its desire to attract projects that align with its vision. The Lake Wales Commons project was seen as an example of a development that can contribute to the city's growth while preserving its distinctive identity. Gibson stressed the importance of balancing growth with environmental protection and ensuring that new developments enhance the quality of life for residents. Commissioner Thompson made a motion to adopt ORDINANCE 2024-18 after 2nd reading and Public Hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 7.II. ORDINANCE 2024-19 - Lake Wales Commons Future Land Use Map Amendment Of The Comprehensive Plan, Approximately 558+/- Acres Of Land At The Western Edge Of The City – 2nd Reading And Public Hearing [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 adoption by City Commission to assign the following land use designation, as recommended by the Planning and Zoning Board at a regular July 23, 2024 meeting, and approved by City Commission at first reading on August 20, 2024, 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 A Master Development Plan (MDP) was also approved on August 20, contingent upon adoption of this ordinance. This Future Land Use Map Amendment of the Comprehensive Plan was transmitted to DEO for a State Coordinated review prior to second reading. 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 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 - 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- 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 DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Williams made a motion to adopt ORDINANCE 2024-19 after 2nd reading and Public Hearing. Commissioner Gillespie seconded the motion. by roll call vote: Commissioner Williams "YES" Commissioner Gillespie "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 7.III. ORDINANCE 2024-20 LW Commons Zoning Map Amendment For 558+/- Acres Of Land At The Western Edge Of The City - 2nd Reading And Public Hearing [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 adoption by City Commission to assign the following zoning designation, as recommended by the Planning and Zoning Board at a regular July 23, 2024, meeting, and as approved by City Commission at first reading on August 20, 2024, 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 zoning designation, as recommended by the Planning and Zoning Board at a regular July 23, 2024, meeting, and as approved by City Commission at first reading on August 20, 2024, 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 A Master Development Plan (MDP) was also approved on August 20, 2024 contingent upon adoption of this 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 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 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 made a motion to adopt ORDINANCE 2024-20 after 2nd reading and Public Hearing. Commissioner Williams seconded the motion. CLOSED PUBLIC HEARING Commissioner Gillespie made a motion to adopt ORDINANCE 2024-20 after 2nd reading and Public Hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Gillespie "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 7.IV. ORDINANCE 2024-36 Amending The City Of Lake Wales Comprehensive Plan. 2nd Reading & Public Hearing [Begin Agenda Memo] SYNOPSIS: Staff requests approval of Ordinance 2024-36 to amend the City of Lake Wales Comprehensive Plan. 2nd Reading & Public Hearing – Notice requirements have been met. RECOMMENDATION Staff requests adoption of Ordinance 2024-36 after 2nd reading and public hearing, to add Policy IV.1.2.13 to the end of the Sanitary Sewer Sub-Element of the Comprehensive Plan, pursuant to House Bill 1379, as recommended by the Planning and Zoning Board on August 27, and as approved by City Commission on October 1, 2024. BACKGROUND House Bill 1379 addresses new requirements for municipalities to close out existing septic tanks and convert connections to public sewer. Specifically, the bill requires each local government to amend their Comprehensive Plans to evaluate the feasibility of connecting homes on septic to sewer. “Within the local government’s jurisdiction, for any development of more than 50 residential lots, whether built or unbuilt, with more than one onsite sewage treatment and disposal system per 1 acre, the element must consider the feasibility of providing sanitary sewer services….”. The feasibility analysis is to include: a. A 10-year planning horizon analysis including name and location of wastewater facility that could receive the flows from these septic systems once closed, b. Capacity of and associated transmission to the wastewater facilities; and c. Projected wastewater flow at the facility for the next 20 years including future new construction and connections of onsite sewage treatment and disposal systems to sanitary sewer and a timeline; The City’s Public Works Department has already been in the process of conducting a Wastewater Master Plan, anticipated to be finished this year; therefore, the following policy is proposed: Policy IV.1.2.13: The City has identified, within its jurisdiction, one development that is more than fifty (50) residential lots with more than one (1) onsite sewage treatment and disposal system (OSTDS) per one (1) acre, the City shall consider the feasibility of providing sanitary sewer services within a 10-year planning horizon and will identify the name and location of the proposed: Policy IV.1.2.13: The City has identified, within its jurisdiction, one development that is more than fifty (50) residential lots with more than one (1) onsite sewage treatment and disposal system (OSTDS) per one (1) acre, the City shall consider the feasibility of providing sanitary sewer services within a 10-year planning horizon and will identify the name and location of the wastewater treatment facility that could receive sanitary sewer flows after connection; the capacity of the facility and any associated transmission facilities; the projected wastewater flow at that facility for the next twenty (20) years, including expected future new construction and connections of OSTDS to sanitary sewer; and a timeline for the construction of the sanitary sewer system. The City shall determine the feasibility of connecting this and future developments as part of their Wastewater Master Plan, which is anticipated to be completed in 2025. By September 30, 2025, the City shall include in its Five-Year Schedule of Capital Improvements, with an annual update as necessary, a list of projects for providing sanitary sewer to the development(s), as applicable. FISCAL IMPACT None. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-36 by title only. ORDINANCE 2024-36 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, PROPOSING AN AMENDMENT TO THE SANITARY SEWER SUB-ELEMENT OF THE COMPREHENSIVE PLAN; ADDING POLICY IV.1.2.13 ADDRESSING THE FEASIBILITY OF TRANSFERRING EXISTING SEPTIC SYSTEMS TO SEWER WITHIN A TEN-YEAR PLANNING HORIZON; PURSUANT TO HOUSE BILL 1379; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPEN PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Gillespie about what developments qualify for converting from septic to sewer. Ms. Cochella said Utilities is doing a survey to identify what sites need this conversion. One subdivision has been identified and one in recent years has been approved for septic. Deputy Mayor Gibson explained the benefits of transitioning from septic tanks to sewer systems, highlighting the potential for increased density, reduced urban sprawl, and improved environmental impact. He acknowledged that some residents may be resistant to the change, but emphasized the city's commitment to quality development and sustainable practices. James Slaton, City Manager, praised the Utilities Department for their proactive approach to converting neighborhoods to sewer systems, citing the recent example of the Bel Ombre subdivision. He emphasized the department's dedication to providing efficient and reliable utility services. Commissioner Thompson made a motion to adopt ORDINANCE 2024-36 after 2nd reading and Public Hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson made a motion to adopt ORDINANCE 2024-36 after 2nd reading and Public Hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 7.V. ORDINANCE 2024-37 Authorizing Use Of Traffic Infraction Detectors/Red Light Cameras And School Zone Speed Limit Detection Systems - 2nd Reading And Public Hearing [Begin Agenda Memo] Synopsis: Ordinance 2024-37 was prepared for the purposes of implementing utilization of traffic infraction detectors/red light cameras and school zone speed limit detection systems in accordance with the laws of the State of Florida. Recommendation: That the City Commission, after due consideration, adopt Ordinance 2024-37 after second reading and public hearing. Background: The City Commission is aware that violations of traffic laws, including the running of red lights and speeding within school zones within the City limits creates a hazard to the citizens of and visitors to the City of Lake Wales. The Mark Wandall Traffic Safety Program, originally passed in 2013 by the Florida Legislature and now codified in Sec. 316.0083, Fla. Stat., provides for implementation and administration of traffic citations by municipalities for traffic infractions relating to traffic control devices such as red-light cameras and school zone speed limit detection systems. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-37 by title only. ORDINANCE 2024-37 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING THE LAKE WALES CODE OF ORDINANCES, CHAPTER 20 - TRAFFIC AND MOTOR VEHICLES, BY ENACTING ARTICLE VI - TRAFFIC INFRACTION DETECTION DEVICES, AND ARTICLE VII - SCHOOL ZONE SPEED LIMIT DETECTION SYSTEMS; PROVIDING FOR PURPOSE AND INTENT; IMPLEMENTING GENERAL LAW TO ADOPT THE USE OF TRAFFIC INFRACTION DETECTORS; AUTHORIZING ENFORCEMENT PROGRAM; PROVIDING DEFINITIONS; DESIGNATING A TRAFFIC ENFORCEMENT OFFICER; DESIGNATING A HEARING OFFICER; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING Danny Krueger, resident, spoke against this as it violates privacy. SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING Danny Krueger, resident, spoke against this as it violates privacy. CLOSED PUBLIC HEARING Commissioner Gillespie emphasized the importance of public safety, particularly in school zones, and the potential benefits of red-light cameras in reducing accidents. She acknowledged the potential for public concern but stressed the need to balance individual rights with the safety of the community. Deputy Mayor Gibson highlighted the effectiveness of red-light cameras in reducing accidents and injuries. He also addressed potential concerns about fairness and transparency, noting that the city's approach aligns with legal precedents and ensures a fair process for all. Commissioner Gillespie made a motion to adopt ORDINANCE 2024-37 after 2nd reading and Public Hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Gillespie "YES" Commissioner Williams "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 7.VI. ORDINANCE 2024-38, FY23’24 Budget Amendment #1, 2nd Reading & Public Hearing [Begin Agenda Memo] SYNOPSIS: The City Commission will consider approval of the first amendment of FY 23’24 Budget that was adopted on September 19, 2023. RECOMMENDATION It is recommended that the City Commission approve Ordinance 2024- 38 after second reading and public hearing. The City Commission approved first reading of the ordinance on November 5, 2024. The advertisement requirement for second reading and public reading has been met. BACKGROUND Ordinance 2023-27 estimating revenues and appropriating funds for Fiscal Year 2023’24 was adopted by the City Commission September 19, 2023. We are presenting Ordinance 2024-38 to modify the estimates of revenues and appropriations budgeted in various funds. This is primarily a housekeeping ordinance to conform the adopted budget to realized or expected changes within the current fiscal year. Explanation of change, for significant items has been provided on both Exhibit A and B. OTHER OPTIONS This is a required budgetary amendment for compliance purposes relating to the City’s Charter and Florida State Statute. Per the Lake Wales City Charter, Section 6.07, upon written request by the City Manager, the City Commission may by ordinance transfer part or all of any unencumber appropriation balance from one department, office or agency to another. Per Florida State Statute, Section 166.241, the budget must regulate expenditures of the municipality. If a budget amendment is to the City’s Charter and Florida State Statute. Per the Lake Wales City Charter, Section 6.07, upon written request by the City Manager, the City Commission may by ordinance transfer part or all of any unencumber appropriation balance from one department, office or agency to another. Per Florida State Statute, Section 166.241, the budget must regulate expenditures of the municipality. If a budget amendment is required, the amendment must be adopted in the same manner as the original budget. FISCAL IMPACT See Exhibit A and Exhibit B attached to Ordinance 2024-38 [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-38 by title only. ORDINANCE 2024-38 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING ORDINANCE 2023-27 TO MODIFY THE ESTIMATES OF EXPENDITURES FOR THE OPERATION OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE 2023-2024 FISCAL YEAR AND TO MODIFY THE APPROPRIATION OF FUNDS RAISED AND COLLECTED FROM ALL SOURCES SET FORTH IN THE ESTIMATE OF REVENUES FOR SAID FISCAL YEAR; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Dorothy Abbott, Finance Director, reviewed this item. Deputy Mayor Gibson asked about our bank account and reserve account. Ms. Abbott said we have saved 25 % in our reserve account which is higher than the standard. Our revenues came in higher than expected. The AARP money will be spent or under contract by the end of the year as required. Deputy Mayor Gibson commended the Finance Director's conservative estimates and status of our finances. Commissioner Thompson made a motion to adopt ORDINANCE 2024-38 after 2nd reading and Public Hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 8. NEW BUSINESS 8.I. ORDINANCE 2024-39 Harding Ave. Mixed-Use Annexation 1st Reading And Public Hearing [Begin Agenda Memo] Motion approved 4-0 8. NEW BUSINESS 8.I. ORDINANCE 2024-39 Harding Ave. Mixed-Use Annexation 1st Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Alex Goetz, authorized agent for owner, Lino Cervino, is requesting approval of City Commission, for a Small-Scale Comprehensive Plan Map Amendment to assign 2.75+/- acres of land a Future Land Use designation of NAC Neighborhood Activity Center, a Zoning Map Amendment to assign 2.75+/- acres of land a Zoning designation of C-5 Village Center, and a Special Exception Use Permit to allow a Mixed-Use PDP. RECOMMENDATION: Staff recommends approval to City Commission after 1st reading and public hearing, as recommended by the Planning and Zoning Board on October 22, 2024, for the Annexation, Future Land Use and Zoning Map Amendments, and a Special Exception Use Permit for a Mixed-Use Planned Development Project (MUPDP), with waivers of strict compliance and conditions of approval, finding that the zoning and land use designations support the proposed development and are compatible with the surrounding area, that the development is infill in nature, and that approval of the MUPDP will not have a negative impact on the surrounding area. A recommendation of approval for annexation is not required from the Planning and Zoning Board. BACKGROUND: History: The subject vacant property is located in unincorporated Polk County, west of US Highway 27 and south of Harding Avenue, adjacent to an existing residential neighborhood in the County, and opposite Highway 27 from McKibben Powersports. Recommendations of approval for this project would be contingent upon adoption of the annexation by City Commission. Lino Cervino, owner, has been in conceptual discussion with the City for years, trying to determine the best development potential for the property. The original idea of the owner was to build strip commercial; however, after many conversations with Planning Staff and considering the ambitions of Lake Wales Envisioned, Mr. Cervino proposed a mixed-use development. Harding Avenue MUPUD: The applicant proposes two, two-story mixed-use buildings to include 15,098 square feet of ground level commercial and 14 market rate apartments on the second floor. Outdoor patio space is provided for residential and non-residential use, as well as to connect the two buildings. The building has been designed with a reduced front setback so to hide the parking at the rear of the building, creating a better building-to-street relationship along US Highway 27. A roundabout is designed at the northern end of the parking lot for emergency apparatus turnaround. The highway is separated from the building front due to a large FDOT storm water retention pond along the roadway. Roadways, Access, and Parking: Access to the site is located off of Harding Avenue, a County road, therefore access permission will be permitted through Polk County. Sidewalks are proposed throughout the development and shall continue along Harding Avenue the length of the project boundary. The nearest sidewalk connection on US Highway 27 is located at the southwest corner of Harding Avenue and US Highway 27. Polk County Roadways Division may require a crosswalk to complete the pedestrian connectivity. road, therefore access permission will be permitted through Polk County. Sidewalks are proposed throughout the development and shall continue along Harding Avenue the length of the project boundary. The nearest sidewalk connection on US Highway 27 is located at the southwest corner of Harding Avenue and US Highway 27. Polk County Roadways Division may require a crosswalk to complete the pedestrian connectivity. Parking meets code requirements of 1.5 spaces per 1 multi-family unit, and 1 space per 200 of the first 10,000 square feet of commercial space plus 1 per 300 for area in excess of 10,000 square feet. In addition, 4 bicycle designated spaces are provided. Landscaping and Buffering: General A detailed landscaping plan with a planting schedule shall be reviewed and approved by City Staff and the City’s Horticulturist. The following landscape requirements shall apply: -Perimeter and interior parking lot landscaping shall be met, pursuant to Section 23-307.1.c. -Non-residential tree density requirements shall be met, pursuant to Section 23- 307.2.a.2: A minimum of three trees shall be required for each one-quarter acre or 10,890 square feet of land or fraction thereof in the non-residential development. -Rear parking lot shall be buffered adjacent to the residential neighborhood, providing for full screen for the residents. Comprehensive Plan Future Land Use Element: NAC Neighborhood Activity Center The primary function of the Neighborhood Activity Center (NAC) classification is to accommodate businesses and services oriented to the needs of residents in the surrounding neighborhoods. The NACs are also intended as village centers in residential developments. They should be designed as community centers and integral parts of residential neighborhoods, with businesses located in groups rather than in a strip along a roadway and should be accessible via local roads and pedestrian/bike paths from nearby residential areas. Typical uses/intensity: Convenience store, drug store, bakery, florist, professional offices and personal services. 20,000 - 90,000 SQ.FT. GLA. Maximum FAR = .25 except in village centers where the maximum FAR shall be 2.0. Residential uses shall constitute a maximum of 40% of a contiguous NAC district and shall not exceed 12 units per acre. Location criteria: Accessible to surrounding residential neighborhoods. Where City water and sanitary sewer are available. Direct access to a collector or arterial road. A minimum of a mile from another NAC or another activity center (CAC or RAC). Maximum size 20 acres, except that a mixed-use NAC designed as a village center in a residential development may encompass up to 50 acres. The proposed development is within the density and intensity parameter defined in the comprehensive plan and generally aligns with the location and development criteria. Zoning District Classifications C-5 Village center district. This district is designed to allow the development of new commercial centers, planned within large residential developments to provide a wide range of small to medium sized commercial uses and personal services in a setting geared to both pedestrian and vehicular traffic. The proposed development is adjacent to ample residential development within the County and may also serve existing residential on the east side of Highway 27, in addition to the new residential units within the development. Waivers of Strict Compliance: 1.) Waiver to eliminate recreation requirement. medium sized commercial uses and personal services in a setting geared to both pedestrian and vehicular traffic. The proposed development is adjacent to ample residential development within the County and may also serve existing residential on the east side of Highway 27, in addition to the new residential units within the development. Waivers of Strict Compliance: 1.) Waiver to eliminate recreation requirement. Justification: This MUPDP is smaller in scale than what the code section for mixed use is written for. The 14 second story dwelling units are contemplated to potentially be occupied by the ground level business owners. This is a unique project that could appeal to young or new business owners. A total of 1.27 acres is provided in community open space. Staff Findings: 1. The site is located within the City’s utility service area and will maximize existing infrastructure investments by connecting to municipal water and sewer. 2. The proposed map amendments are compatible with the Comprehensive Plan and Land Development Regulations. 3. The vertical mix of uses provides for potential live-work opportunities. 4. The mixed-use development may encourage less auto-dependency for short trips for the surrounding and included residential. 5. The site utilizes existing infrastructure such as water and sewer. 6. Approval of the MUPDP will not have a negative impact on the surrounding area. 7. The area is infill in nature and may potentially increase the property values within the surrounding are. 8. Approval of the MUPDP shall be contingent upon adoption of the annexation by City Commission. CONDITIONS OF APPROVAL: 1. A detailed Landscaping Plan and Landscaping Schedule shall be submitted to the City for review and approval. 2. Landscape plan shall include complete screening of parking area from the residential neighborhood. 3. Applicant shall coordinate with Polk County regarding a potential crosswalk connecting the Harding Avenue sidewalk to the US Highway 27 sidewalk south of the project. 4. MUPDP Site Data shall be updated to reflect C-5 Zoning, rather than C-2. OTHER OPTIONS Do not approve. FISCAL IMPACT Approval of the Special Exception Use Permit would allow for the development of the site and may increase property value. [End Agenda Memo] OTHER OPTIONS Do not approve. FISCAL IMPACT Approval of the Special Exception Use Permit would allow for the development of the site and may increase property value. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-39 by title only. ORDINANCE 2024-39 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA PROVIDING FOR THE ANNEXATION OF APPROXIMATELY 2.75+/- ACRES OF LAND WEST OF HIGHWAY 27 AND CONTIGUOUS TO THE INCORPORATED TERRITORY OF THE CITY OF LAKE WALES, AS 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. Autumn Cochella, Growth Management, reviewed this item. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Gillespie made a motion to approve ORDINANCE 2024-39 after 1st reading and Public Hearing. Commissioner Thompson seconded the motion. by roll call vote: Commissioner Gillespie "YES" Commissioner Thompson "YES" Commissioner Williams "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 8.II. ORDINANCE 2024-40 Harding Ave. Mixed-Use Land Use 1st Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Alex Goetz, authorized agent for owner, Lino Cervino, is requesting approval of City Commission, for a Small-Scale Comprehensive Plan Map Amendment to assign 2.75+/- acres of land a Future Land Use designation of NAC Neighborhood Activity Center, a Zoning Map Amendment to assign 2.75+/- acres of land a Zoning designation of C-5 Village Center, and a Special Exception Use Permit to allow a Mixed-Use PDP. RECOMMENDATION: Staff recommends approval after 1st reading and public hearing, as recommended by the Planning and Zoning Board on October 22, 2024, for the Annexation, Future Land Use and Zoning Map Amendments, and a Special Exception Use Permit for a Mixed-Use Planned Development Project (MUPDP), with waivers of strict compliance and conditions of approval, finding that the zoning and land use designations support the proposed development and are compatible with the surrounding area, that the development is infill in nature, and that approval of the MUPDP will not have a negative impact on the surrounding recommended by the Planning and Zoning Board on October 22, 2024, for the Annexation, Future Land Use and Zoning Map Amendments, and a Special Exception Use Permit for a Mixed-Use Planned Development Project (MUPDP), with waivers of strict compliance and conditions of approval, finding that the zoning and land use designations support the proposed development and are compatible with the surrounding area, that the development is infill in nature, and that approval of the MUPDP will not have a negative impact on the surrounding area. A recommendation of approval for annexation is not required from the Planning and Zoning Board. BACKGROUND: History: The subject vacant property is located in unincorporated Polk County, west of US Highway 27 and south of Harding Avenue, adjacent to an existing residential neighborhood in the County, and opposite Highway 27 from McKibben Powersports. Recommendations of approval for this project would be contingent upon adoption of the annexation by City Commission. Lino Cervino, owner, has been in conceptual discussion with the City for years, trying to determine the best development potential for the property. The original idea of the owner was to build strip commercial; however, after many conversations with Planning Staff and considering the ambitions of Lake Wales Envisioned, Mr. Cervino proposed a mixed-use development. Harding Avenue MUPUD: The applicant proposes two, two-story mixed-use buildings to include 15,098 square feet of ground level commercial and 14 market rate apartments on the second floor. Outdoor patio space is provided for residential and non-residential use, as well as to connect the two buildings. The building has been designed with a reduced front setback so to hide the parking at the rear of the building, creating a better building-to-street relationship along US Highway 27. A roundabout is designed at the northern end of the parking lot for emergency apparatus turnaround. The highway is separated from the building front due to a large FDOT storm water retention pond along the roadway. Roadways, Access, and Parking: Access to the site is located off of Harding Avenue, a County road, therefore access permission will be permitted through Polk County. Sidewalks are proposed throughout the development and shall continue along Harding Avenue the length of the project boundary. The nearest sidewalk connection on US Highway 27 is located at the southwest corner of Harding Avenue and US Highway 27. Polk County Roadways Division may require a crosswalk to complete the pedestrian connectivity. Parking meets code requirements of 1.5 spaces per 1 multi-family unit, and 1 space per 200 of the first 10,000 square feet of commercial space plus 1 per 300 for area in excess of 10,000 square feet. In addition, 4 bicycle designated spaces are provided. Landscaping and Buffering: General A detailed landscaping plan with a planting schedule shall be reviewed and approved by City Staff and the City’s Horticulturist. The following landscape requirements shall apply: -Perimeter and interior parking lot landscaping shall be met, pursuant to Section 23-307.1.c. - Non-residential tree density requirements shall be met, pursuant to Section 23- 307.2.a.2: A minimum of three trees shall be required for each one-quarter acre or 10,890 square feet of land or fraction thereof in the non-residential development. -Perimeter and interior parking lot landscaping shall be met, pursuant to Section 23-307.1.c. - Non-residential tree density requirements shall be met, pursuant to Section 23- 307.2.a.2: A minimum of three trees shall be required for each one-quarter acre or 10,890 square feet of land or fraction thereof in the non-residential development. - Rear parking lot shall be buffered adjacent to the residential neighborhood, providing for full screen for the residents. Comprehensive Plan Future Land Use Element: NAC Neighborhood Activity Center The primary function of the Neighborhood Activity Center (NAC) classification is to accommodate businesses and services oriented to the needs of residents in the surrounding neighborhoods. The NACs are also intended as village centers in residential developments. They should be designed as community centers and integral parts of residential neighborhoods, with businesses located in groups rather than in a strip along a roadway and should be accessible via local roads and pedestrian/bike paths from nearby residential areas. Typical uses/intensity: Convenience store, drug store, bakery, florist, professional offices and personal services. 20,000 - 90,000 SQ.FT. GLA. Maximum FAR = .25 except in village centers where the maximum FAR shall be 2.0. Residential uses shall constitute a maximum of 40% of a contiguous NAC district and shall not exceed 12 units per acre. Location criteria: Accessible to surrounding residential neighborhoods. Where City water and sanitary sewer are available. Direct access to a collector or arterial road. A minimum of a mile from another NAC or another activity center (CAC or RAC). Maximum size 20 acres, except that a mixed-use NAC designed as a village center in a residential development may encompass up to 50 acres. The proposed development is within the density and intensity parameter defined in the comprehensive plan and generally aligns with the location and development criteria. Zoning District Classifications C-5 Village center district. This district is designed to allow the development of new commercial centers, planned within large residential developments to provide a wide range of small to medium sized commercial uses and personal services in a setting geared to both pedestrian and vehicular traffic. The proposed development is adjacent to ample residential development within the County and may also serve existing residential on the east side of Highway 27, in addition to the new residential units within the development. Waivers of Strict Compliance: 1.) Waiver to eliminate recreation requirement. Justification: This MUPDP is smaller in scale than what the code section for mixed use is written for. The 14 second story dwelling units are contemplated to potentially be occupied by the ground level business owners. This is a unique project that could appeal to young or new business owners. A total of 1.27 acres is provided in community open space. Staff Findings: 1. The site is located within the City’s utility service area and will maximize existing infrastructure investments by connecting to municipal water and sewer. 2. The proposed map amendments are compatible with the Comprehensive Plan and Land Development Regulations. 1. The site is located within the City’s utility service area and will maximize existing infrastructure investments by connecting to municipal water and sewer. 2. The proposed map amendments are compatible with the Comprehensive Plan and Land Development Regulations. 3. The vertical mix of uses provides for potential live-work opportunities. 4. The mixed-use development may encourage less auto-dependency for short trips for the surrounding and included residential. 5. The site utilizes existing infrastructure such as water and sewer. 6. Approval of the MUPDP will not have a negative impact on the surrounding area. 7. The area is infill in nature and may potentially increase the property values within the surrounding are. 8. Approval of the MUPDP shall be contingent upon adoption of the annexation by City Commission. CONDITIONS OF APPROVAL: 1. A detailed Landscaping Plan and Landscaping Schedule shall be submitted to the City for review and approval. 2. Landscape plan shall include complete screening of parking area from the residential neighborhood. 3. Applicant shall coordinate with Polk County regarding a potential crosswalk connecting the Harding Avenue sidewalk to the US Highway 27 sidewalk south of the project. 4. MUPDP Site Data shall be updated to reflect C-5 Zoning, rather than C-2. OTHER OPTIONS Do not approve. FISCAL IMPACT Approval of the Special Exception Use Permit would allow for the development of the site and may increase property value. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-40 by title only. ORDINANCE 2024-40 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 2.75+/- ACRES OF LAND WEST OF HIGHWAY 27 FROM COUNTY DESIGNATIONS CE COMMERCIAL ENCLAVE TO CITY OF LAKE WALES DESIGNATION NAC NEIGHBORHOOD ACTIVITY CENTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING DESIGNATIONS CE COMMERCIAL ENCLAVE TO CITY OF LAKE WALES DESIGNATION NAC NEIGHBORHOOD ACTIVITY CENTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Williams made a motion to approve ORDINANCE 2024-40 after 1st reading and Public Hearing. Commissioner Thompson seconded the motion. by roll call vote: Commissioner Williams "YES" Commissioner Thompson "YES" Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 8.III. ORDINANCE 2024-41 Harding Ave. Mixed-Use Zoning 1st Reading And Public Hearing [Begin Agenda Memo] SYNOPSIS: Alex Goetz, authorized agent for owner, Lino Cervino, is requesting approval of City Commission, for a Small-Scale Comprehensive Plan Map Amendment to assign 2.75+/- acres of land a Future Land Use designation of NAC Neighborhood Activity Center, a Zoning Map Amendment to assign 2.75+/- acres of land a Zoning designation of C-5 Village Center, and a Special Exception Use Permit to allow a Mixed-Use PDP. RECOMMENDATION: Staff recommends approval to City Commission, as recommended by the Planning and Zoning Board on October 22, 2024, for the Annexation, Future Land Use and Zoning Map Amendments, and a Special Exception Use Permit for a Mixed-Use Planned Development Project (MUPDP), with waivers of strict compliance and conditions of approval, finding that the zoning and land use designations support the proposed development and are compatible with the surrounding area, that the development is infill in nature, and that approval of the MUPDP will not have a negative impact on the surrounding area. A recommendation of approval for annexation is not required from the Planning and Zoning Board. BACKGROUND: History: The subject vacant property is located in unincorporated Polk County, west of US Highway 27 and south of Harding Avenue, adjacent to an existing residential neighborhood in the County, and opposite Highway 27 from McKibben Powersports. Recommendations of approval for this project would be contingent upon adoption of the annexation by City Commission. Lino Cervino, owner, has been in conceptual discussion with the City for years, trying to determine the best development potential for the property. The original idea of the owner was to build strip commercial; however, after many conversations with Planning Staff and considering the ambitions of Lake Wales Envisioned, Mr. Cervino proposed a mixed-use development. Lino Cervino, owner, has been in conceptual discussion with the City for years, trying to determine the best development potential for the property. The original idea of the owner was to build strip commercial; however, after many conversations with Planning Staff and considering the ambitions of Lake Wales Envisioned, Mr. Cervino proposed a mixed-use development. Harding Avenue MUPUD: The applicant proposes two, two-story mixed-use buildings to include 15,098 square feet of ground level commercial and 14 market rate apartments on the second floor. Outdoor patio space is provided for residential and non-residential use, as well as to connect the two buildings. The building has been designed with a reduced front setback so to hide the parking at the rear of the building, creating a better building-to-street relationship along US Highway 27. A roundabout is designed at the northern end of the parking lot for emergency apparatus turnaround. The highway is separated from the building front due to a large FDOT storm water retention pond along the roadway. Roadways, Access, and Parking: Access to the site is located off of Harding Avenue, a County road, therefore access permission will be permitted through Polk County. Sidewalks are proposed throughout the development and shall continue along Harding Avenue the length of the project boundary. The nearest sidewalk connection on US Highway 27 is located at the southwest corner of Harding Avenue and US Highway 27. Polk County Roadways Division may require a crosswalk to complete the pedestrian connectivity. Parking meets code requirements of 1.5 spaces per 1 multi-family unit, and 1 space per 200 of the first 10,000 square feet of commercial space plus 1 per 300 for area in excess of 10,000 square feet. In addition, 4 bicycle designated spaces are provided. Landscaping and Buffering: General A detailed landscaping plan with a planting schedule shall be reviewed and approved by City Staff and the City’s Horticulturist. The following landscape requirements shall apply: - Perimeter and interior parking lot landscaping shall be met, pursuant to Section 23-307.1.c. - Non-residential tree density requirements shall be met, pursuant to Section 23- 307.2.a.2: A minimum of three trees shall be required for each one-quarter acre or 10,890 square feet of land or fraction thereof in the non-residential development. -Rear parking lot shall be buffered adjacent to the residential neighborhood, providing for full screen for the residents. Comprehensive Plan Future Land Use Element: NAC Neighborhood Activity Center The primary function of the Neighborhood Activity Center (NAC) classification is to accommodate businesses and services oriented to the needs of residents in the surrounding neighborhoods. The NACs are also intended as village centers in residential developments. They should be designed as community centers and integral parts of residential neighborhoods, with businesses located in groups rather than in a strip along a roadway and should be accessible via local roads and pedestrian/bike paths from nearby residential areas. Typical uses/intensity: Convenience store, drug store, bakery, florist, professional offices and personal services. 20,000 - 90,000 SQ.FT. GLA. Maximum FAR = .25 except in village centers where the maximum FAR shall be 2.0. Residential uses shall constitute a maximum of 40% of a contiguous NAC district and shall not exceed 12 units per acre. Location criteria: Accessible to surrounding residential neighborhoods. Where City water and sanitary sewer are available. Direct access to a collector or arterial road. A minimum of a mile from another NAC or another Convenience store, drug store, bakery, florist, professional offices and personal services. 20,000 - 90,000 SQ.FT. GLA. Maximum FAR = .25 except in village centers where the maximum FAR shall be 2.0. Residential uses shall constitute a maximum of 40% of a contiguous NAC district and shall not exceed 12 units per acre. Location criteria: Accessible to surrounding residential neighborhoods. Where City water and sanitary sewer are available. Direct access to a collector or arterial road. A minimum of a mile from another NAC or another activity center (CAC or RAC). Maximum size 20 acres, except that a mixed-use NAC designed as a village center in a residential development may encompass up to 50 acres. The proposed development is within the density and intensity parameter defined in the comprehensive plan and generally aligns with the location and development criteria. Zoning District Classifications C-5 Village center district. This district is designed to allow the development of new commercial centers, planned within large residential developments to provide a wide range of small to medium sized commercial uses and personal services in a setting geared to both pedestrian and vehicular traffic. The proposed development is adjacent to ample residential development within the County and may also serve existing residential on the east side of Highway 27, in addition to the new residential units within the development. Waivers of Strict Compliance: 1.) Waiver to eliminate recreation requirement. Justification: This MUPDP is smaller in scale than what the code section for mixed use is written for. The 14 second story dwelling units are contemplated to potentially be occupied by the ground level business owners. This is a unique project that could appeal to young or new business owners. A total of 1.27 acres is provided in community open space. Staff Findings: 1. The site is located within the City’s utility service area and will maximize existing infrastructure investments by connecting to municipal water and sewer. 2. The proposed map amendments are compatible with the Comprehensive Plan and Land Development Regulations. 3. The vertical mix of uses provides for potential live-work opportunities. 4. The mixed-use development may encourage less auto-dependency for short trips for the surrounding and included residential. 5. The site utilizes existing infrastructure such as water and sewer. 6. Approval of the MUPDP will not have a negative impact on the surrounding area. 7. The area is infill in nature and may potentially increase the property values within the surrounding are. 8. Approval of the MUPDP shall be contingent upon adoption of the annexation by City Commission. CONDITIONS OF APPROVAL: 1. A detailed Landscaping Plan and Landscaping Schedule shall be submitted to the City for 8. Approval of the MUPDP shall be contingent upon adoption of the annexation by City Commission. CONDITIONS OF APPROVAL: 1. A detailed Landscaping Plan and Landscaping Schedule shall be submitted to the City for review and approval. 2. Landscape plan shall include complete screening of parking area from the residential neighborhood. 3. Applicant shall coordinate with Polk County regarding a potential crosswalk connecting the Harding Avenue sidewalk to the US Highway 27 sidewalk south of the project. 4. MUPDP Site Data shall be updated to reflect C-5 Zoning, rather than C-2. OTHER OPTIONS Deny approval, stating a finding of fact. FISCAL IMPACT Approval of the Special Exception Use Permit would allow for the development of the site and may increase property value. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-41 by title only. ORDINANCE 2024-41 AN ORDINANCE OF THE CITY OF LAKE WALES, FLORIDA, AMENDING THE ZONING MAP TO ASSIGN ZONING DESIGNATIONS ON APPROXIMATELY 2.75+/- ACRES OF LAND WEST OF HIGHWAY 27, FROM COUNTY DESIGNATIONS CE COMMERCIAL ENCLAVE TO CITY OF LAKE WALES DESIGNATION C-5 VILLAGE CENTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Gillespie said mixed-use developments are encouraged in the Lake Wales Envisioned Plan. This one isn't big but will accomplish what we are looking to accomplish. So this is a good idea. Deputy Mayor Gibson agreed. Commissioner Williams made a motion to approve ORDINANCE 2024-41 after 1st reading and Public Hearing. Commissioner Gillespie seconded the motion. by roll call vote: Commissioner Williams "YES" Commissioner Gillespie "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 8.IV. Harding Ave. Mixed-Use MUPDP Public Hearing [Begin Agenda Memo] SYNOPSIS: Alex Goetz, authorized agent for owner, Lino Cervino, is requesting approval of City Commission, for a Small-Scale Comprehensive Plan Map Amendment to assign 2.75+/- acres of land a Future Land Use designation of NAC Neighborhood Activity Center, a Zoning Map Amendment to assign 2.75+/- acres of land a Zoning designation of C-5 Village Center, and a Special Exception Use Permit to allow a Mixed-Use PDP. RECOMMENDATION: Staff recommends approval to City Commission, as recommended by the Planning and Zoning Board on October 22, 2024, for the Annexation, Future Land Use and Zoning Map Amendments, and a Special Exception Use Permit for a Mixed-Use Planned Development Project (MUPDP), with waivers of strict compliance and conditions of approval, finding that the zoning and land use designations support the proposed development and are compatible with the surrounding area, that the development is infill in nature, and that approval of the MUPDP will not have a negative impact on the surrounding area. A recommendation of approval for annexation is not required from the Planning and Zoning Board. BACKGROUND: History: The subject vacant property is located in unincorporated Polk County, west of US Highway 27 and south of Harding Avenue, adjacent to an existing residential neighborhood in the County, and opposite Highway 27 from McKibben Powersports. Recommendations of approval for this project would be contingent upon adoption of the annexation by City Commission. Lino Cervino, owner, has been in conceptual discussion with the City for years, trying to determine the best development potential for the property. The original idea of the owner was to build strip commercial; however, after many conversations with Planning Staff and considering the ambitions of Lake Wales Envisioned, Mr. Cervino proposed a mixed-use development. Harding Avenue MUPUD: The applicant proposes two, two-story mixed-use buildings to include 15,098 square feet of ground level commercial and 14 market rate apartments on the second floor. Outdoor patio space is provided for residential and non-residential use, as well as to connect the two buildings. The building has been designed with a reduced front setback so to hide the parking at the rear of the building, creating a better building-to-street relationship along US Highway 27. A roundabout is designed at the northern end of the parking lot for emergency apparatus turnaround. The highway is separated from the building front due to a large FDOT storm water retention pond along the roadway. Roadways, Access, and Parking: Access to the site is located off of Harding Avenue, a County road, therefore access permission will be permitted through Polk County. Sidewalks are proposed throughout the development and shall continue along Harding Avenue the length of the project boundary. The nearest sidewalk connection on US Highway 27 is located at the Roadways, Access, and Parking: Access to the site is located off of Harding Avenue, a County road, therefore access permission will be permitted through Polk County. Sidewalks are proposed throughout the development and shall continue along Harding Avenue the length of the project boundary. The nearest sidewalk connection on US Highway 27 is located at the southwest corner of Harding Avenue and US Highway 27. Polk County Roadways Division may require a crosswalk to complete the pedestrian connectivity. Parking meets code requirements of 1.5 spaces per 1 multi-family unit, and 1 space per 200 of the first 10,000 square feet of commercial space plus 1 per 300 for area in excess of 10,000 square feet. In addition, 4 bicycle designated spaces are provided. Landscaping and Buffering: General A detailed landscaping plan with a planting schedule shall be reviewed and approved by City Staff and the City’s Horticulturist. The following landscape requirements shall apply: - Perimeter and interior parking lot landscaping shall be met, pursuant to Section 23-307.1.c. - Non-residential tree density requirements shall be met, pursuant to Section 23- 307.2.a.2: A minimum of three trees shall be required for each one-quarter acre or 10,890 square feet of land or fraction thereof in the non-residential development. - Rear parking lot shall be buffered adjacent to the residential neighborhood, providing for full screen for the residents. Comprehensive Plan Future Land Use Element: NAC Neighborhood Activity Center The primary function of the Neighborhood Activity Center (NAC) classification is to accommodate businesses and services oriented to the needs of residents in the surrounding neighborhoods. The NACs are also intended as village centers in residential developments. They should be designed as community centers and integral parts of residential neighborhoods, with businesses located in groups rather than in a strip along a roadway and should be accessible via local roads and pedestrian/bike paths from nearby residential areas. Typical uses/intensity: Convenience store, drug store, bakery, florist, professional offices and personal services. 20,000 - 90,000 SQ.FT. GLA. Maximum FAR = .25 except in village centers where the maximum FAR shall be 2.0. Residential uses shall constitute a maximum of 40% of a contiguous NAC district and shall not exceed 12 units per acre. Location criteria: Accessible to surrounding residential neighborhoods. Where City water and sanitary sewer are available. Direct access to a collector or arterial road. A minimum of a mile from another NAC or another activity center (CAC or RAC). Maximum size 20 acres, except that a mixed-use NAC designed as a village center in a residential development may encompass up to 50 acres. The proposed development is within the density and intensity parameter defined in the comprehensive plan and generally aligns with the location and development criteria. Zoning District Classifications C-5 Village center district. This district is designed to allow the development of new commercial centers, planned within large residential developments to provide a wide range of small to medium sized commercial uses and personal services in a setting geared to both pedestrian and vehicular traffic. The proposed development is adjacent to ample residential development within the County and may also serve existing residential on the east side of Highway 27, in addition to the new residential units within the development. C-5 Village center district. This district is designed to allow the development of new commercial centers, planned within large residential developments to provide a wide range of small to medium sized commercial uses and personal services in a setting geared to both pedestrian and vehicular traffic. The proposed development is adjacent to ample residential development within the County and may also serve existing residential on the east side of Highway 27, in addition to the new residential units within the development. Waivers of Strict Compliance: 1.) Waiver to eliminate recreation requirement. Justification: This MUPDP is smaller in scale than what the code section for mixed use is written for. The 14 second story dwelling units are contemplated to potentially be occupied by the ground level business owners. This is a unique project that could appeal to young or new business owners. A total of 1.27 acres is provided in community open space. Staff Findings: 1. The site is located within the City’s utility service area and will maximize existing infrastructure investments by connecting to municipal water and sewer. 2. The proposed map amendments are compatible with the Comprehensive Plan and Land Development Regulations. 3. The vertical mix of uses provides for potential live-work opportunities. 4. The mixed-use development may encourage less auto-dependency for short trips for the surrounding and included residential. 5. The site utilizes existing infrastructure such as water and sewer. 6. Approval of the MUPDP will not have a negative impact on the surrounding area. 7. The area is infill in nature and may potentially increase the property values within the surrounding are. 8. Approval of the MUPDP shall be contingent upon adoption of the annexation by City Commission. CONDITIONS OF APPROVAL: 1. A detailed Landscaping Plan and Landscaping Schedule shall be submitted to the City for review and approval. 2. Landscape plan shall include complete screening of parking area from the residential neighborhood. 3. Applicant shall coordinate with Polk County regarding a potential crosswalk connecting the Harding Avenue sidewalk to the US Highway 27 sidewalk south of the project. 4. MUPDP Site Data shall be updated to reflect C-5 Zoning, rather than C-2. OTHER OPTIONS Deny approval, stating a finding of fact. FISCAL IMPACT Approval of the Special Exception Use Permit would allow for the development of the site and may increase property value. OTHER OPTIONS Deny approval, stating a finding of fact. FISCAL IMPACT Approval of the Special Exception Use Permit would allow for the development of the site and may increase property value. [End Agenda Memo] OPENED PUBLIC HEARING CLOSED PUBLIC HEARING Commissioner Thompson made a motion to approve this permit and Public Hearing. Commissioner Williams seconded the motion. by roll call vote: Commissioner Thompson "YES" Commissioner Williams "YES" Commissioner Gillespie "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 8.V. ORDINANCE 2024-42 Amendment To Chapter 23, Zoning, Land Use, And Development Regulations 1st Reading & PUBLIC HEARING [Begin Agenda Memo] SYNOPSIS: Staff proposes an amendment to the Land Development Regulations. RECOMMENDATION Staff requests approval of City Commission at 1st reading following a public hearing, as recommended by the Planning and Zoning Board on October 22, 2024, to amend the following code section of the Land Development Regulations (Chapter 23, Lake Wales Code of Ordinances): Section 23-372 pertaining to nonconforming uses, lots, and structures, so to allow residential uses, lots, and structures to keep their nonconforming conditions within the Core Improvement Area and Community Redevelopment Areas, exempting them from losing their legal nonconformity after the use has been discontinued or in case the structure is damaged more than 50 percent of its just market value. BACKGROUND In order to encourage the redevelopment of vacant and blighted residential properties, and to encourage a mix of housing type opportunities within the core areas of Lake Wales, Staff proposed amendments to the City’s non-conforming regulations which may be inhibiting these efforts. Within the core areas of Lake Wales are a range of housing types, including single-family residential, duplexes, quadplexes, and multi-family. Since the time that many of those uses were established, City code has changed, and land has been re-zoned so to limit housing within certain residential areas to single-family residential only. All additional housing types are now considered pre-existing legally non-conforming. Current code prohibits the re- establishment of any nonconforming non-residential use once that use has been discontinued Within the core areas of Lake Wales are a range of housing types, including single-family residential, duplexes, quadplexes, and multi-family. Since the time that many of those uses were established, City code has changed, and land has been re-zoned so to limit housing within certain residential areas to single-family residential only. All additional housing types are now considered pre-existing legally non-conforming. Current code prohibits the re- establishment of any nonconforming non-residential use once that use has been discontinued for a year or more. Example: An existing quadplex within the R-1C zoning district, which was built to and conformed with the regulations at the time it was established, has been vacant for longer than one year. The setbacks are closer to two property lines than is allowed today, and quadplexes are no longer permitted in the R-1C. Since the time the property has been vacant, wear and tear of the building has caused it to become a blighted property within the neighborhood. A new owner or investor decides to buy the building, rehabilitate and re-occupy it with tenants. After contacting the City, the new owner learns that the quadplex cannot be re-established due to being vacant for longer than one year, even though the building is completely built out to occupy four tenants. They also learn that, because the structure itself is non-conforming (setbacks), a structural engineer must determine if the building is damaged beyond 50% of its just market value. If it is, the building must be demolished and re-built to today’s standards, and as a single-family home. In most cases, this leads to disinvestment into these properties, leaving them vacant as they continue to negatively impact the surrounding neighborhood. Proposed Code Improvements Staff recommends exempting properties within the Core Improvement Area and Community Redevelopment Areas from certain non-conforming regulations, as shown below. 23-372. - Nonconforming regulations. Discontinuation of a nonconforming use. If any nonconforming use of land ceases for any reason for a period of one year, no nonconforming use may be re-established on those premises, unless a time extension is granted by the planning board prior to the end of the one-year period. Improvements to the site to increase compliance with this chapter may be required as a condition of approval of an extension of time. Exempt from this requirement are single-family and two-family uses; multi-family uses within the Core Improvement Area and Community Redevelopment Areas are also exempt, provided the planning board Administrative Official finds that there is sufficient parking for the use. 23-372.3 Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: a. A nonconforming one-family or two-family structure may be expanded or changed provided the nonconformity is not increased. A special permit may be granted pursuant to section 23- 216 to allow an increase in the nonconformity of a one- or two-family structure only upon a finding that the proposed change is not detrimental to the neighborhood. b. No nonconforming structure other than a one-family or two-family structure may be enlarged or altered in a way which increases its nonconformity. the nonconformity is not increased. A special permit may be granted pursuant to section 23- 216 to allow an increase in the nonconformity of a one- or two-family structure only upon a finding that the proposed change is not detrimental to the neighborhood. b. No nonconforming structure other than a one-family or two-family structure may be enlarged or altered in a way which increases its nonconformity. c. Except for one- and two-family dwellings, and except for multi-family dwellings within the Core Improvement Area and Community Redevelopment Areas, a non-conforming structure that is destroyed or damaged by any means to any extent of more than 50 percent of its fair market value, shall not be reconstructed except in conformity with the provisions of this chapter. A non-conforming one- or two-family dwelling damaged by any means to any extent of more than 50 percent of its fair market value may be reconstructed, provided the building setback requirements are met or the administrative official finds that the proposed building setbacks are in keeping with those in the immediate neighborhood and are not less than five feet on the side and ten feet on the rear. d. Should such a structure be declared unsafe; it may be restored to a safe condition providing that such restoration does not constitute more than 50 percent of the structure's appraised fair market value. The fair market value of a sign shall be deemed as its replacement value. A nonconforming fence shall be removed if more than 50 percent of its length is declared unsafe or unsound. [End Agenda Memo] Jennifer Nanek, City Clerk, read ORDINANCE 2024-42 by title only. ORDINANCE 2024-42 AN ORDINANCE OF THE CITY OF LAKE WALES, POLK COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 23, ZONING, LAND USE AND DEVELOPMENT REGULATIONS AMENDING SECTION 23-372 NONCONFORMING REGULATIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OPENED PUBLIC HEARING Charlene Bennett, resident, spoke in favor of this. It is a creative idea to help with infill. CLOSED PUBLIC HEARING Commissioner Williams made a motion to approve ORDINANCE 2024-42 after 1st reading and Public Hearing. Commissioner Gillespie seconded the motion. by roll call vote: Commissioner Williams "YES" Commissioner Gillespie "YES" Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 Commissioner Thompson "YES" Deputy Mayor Gibson "YES" Motion approved 4-0 9. CITY ATTORNEY Albert Galloway, Jr., City Attorney, reported on a successful legal action against a former police officer, Eugene Douglas. The city obtained a judgment for $27,370.18 to recover training and testing costs. The next step is to collect the judgment amount. 10. CITY MANAGER James Slaton, City Manager, commended Recreation staff on the Fallfest event and Lake Wales Live event. Deputy Mayor Gibson said he hopes the next one can be downtown. Mr. Slaton confirmed that the next one will be. 10.I. Commission Meeting Calendar James Slaton, City Manager, said that there will be no work session next week on Thanksgiving Eve. 11. CITY COMMISSION COMMENTS Commissioner Gillespie highlighted the successful completion of a legacy housing project, emphasizing the positive impact on the homeowner and the community. Commissioner Gillespie also emphasized the importance of continued investment in affordable housing initiatives. Commissioner Gillespie said she is planning to attend the reception at the Arts Center honoring John Jacopelle and invited others to attend the art exhibit. Commissioner Williams commended the Fall Fest event at the Recreation Center. He heard everything from his house Commissioner Williams addressed concerns raised about recent developments in Lake Wales, particularly regarding housing affordability. He emphasized that the city is committed to responsible development and ensuring that new housing options are accessible to a range of residents. He acknowledged the challenges of balancing growth with affordability and stressed the importance of making informed decisions that benefit the community as a whole. Commissioner Thompson expressed optimism about the future of Lake Wales. He highlighted the city's rich history and the importance of building on its past successes. He acknowledged the challenges facing the city, including the decline of the citrus industry, but emphasized the opportunities for growth and development. Thompson praised the economic development strategy and the city's commitment to creating a vibrant and prosperous community. He expressed confidence in the city's ability to attract new businesses and industries, create jobs, and improve the quality of life for residents. Deputy Mayor Gibson emphasized the importance of developing a tailored economic development strategy for Lake Wales. He highlighted the potential of remote work programs to attract skilled workers and boost the local economy. He referenced a successful example from the Shoals region in Alabama, where a program offering relocation incentives attracted a significant number of remote workers. Deputy Mayor Gibson encouraged a proactive and strategic approach to economic development, ensuring that Lake Wales capitalizes on its unique opportunities and avoids missing out on potential growth. 12. MAYOR COMMENTS 13. ADJOURNMENT The meeting was adjourned at 7:24 p.m. _______________________ 13. ADJOURNMENT The meeting was adjourned at 7:24 p.m. _______________________ Mayor ATTEST: _______________________ City Clerk

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