City Commission Regular Meeting
Regular MeetingLake Wales, FL · December 3, 2024
Minutes
City Commission
Meeting Minutes
December 3, 2024
(APPROVED)
12/3/2024 - Minutes
1. INVOCATION
Rev Walter Nelson gave the invocation.
2. PLEDGE OF ALLEGIANCE
3. CALL TO ORDER
Mayor Hilligoss called the meeting to order at approximately 6:00 p.m. after the invocation and the pledge of
allegiance.
4. ROLL CALL
Commission Members Present: Keith Thompson, Carol Gillespie, Robin Gibson, Mayor Jack Hilligoss
Commission Members Absent: Daniel Williams,
Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert C. Galloway, Jr., City
Attorney
5. COMMENTS AND PETITIONS
Howard Davies, resident, shared a concern about traffic on First, drivers are not adhering to the stop sign.
Charlene Bennett, resident, asked for a Lake Wales Envisioned update. What are we doing to be sure it
happens?
Mike Roberts, resident, expressed concerns about vehicles on the new Park Avenue Trail.
6. CONSENT AGENDA
Commissioner Gillespie made a motion to approve the Consent Agenda. Commissioner Thompson
seconded the motion.
by roll call vote:
Commissioner Gillespie "YES"
Commissioner Thompson "YES"
Deputy Mayor Gibson "YES"
Mayor Hilligoss "YES"
Commissioner Gillespie "YES"
Commissioner Thompson "YES"
Deputy Mayor Gibson "YES"
Mayor Hilligoss "YES"
Motion approved 4-0.
6.I. Minutes November 14 & 19 2024
6.II. FRDAP Grant Agreement For The Lake Wailes Park
[Begin Agenda Memo]
SYNOPSIS: Approval of a grant agreement for $50,000 to rehabilitate the basketball courts, add picnic
tables and other amenities at Lake Wailes Park.
RECOMMENDATION It is recommended that the City Commission take the following actions:
1. Accept the Florida Recreation Development Assistance (FRDAP) grant award from the Department of
Environmental Protection.
2. Authorize the City Manager to execute the grant agreement on the City's behalf.
BACKGROUND The Land and Recreation Grants staff administers grants to local governments through
the Florida Recreation Development Assistance Program (FRDAP). This competitive, reimbursement
grant program provides financial assistance for acquisition or development of land for public outdoor
recreation. Eligible participants include all county governments, municipalities in Florida and other
legally constituted local governmental entities with the responsibility for providing outdoor recreational
sites and facilities for the general public.
The City was awarded a FRDAP Grant for $50,000 to rehabilitate parts of Lake Wailes Park.
Enhancements include renovations to the basketball courts, added picnic tables, playground and
exercise equipment for the enjoyment of the community.
OTHER OPTIONS Do not approve the FRDAP Grant Agreement.
FISCAL IMPACT No match is required. Fiscal Impact Study prepared by the Finance Department is
attached.
[End Agenda Memo]
6.III. FRDAP Grant Agreement Lake Wales Soccer Complex
[Begin Agenda Memo]
SYNOPSIS: Approval of a grant agreement for $200,000 for Lake Wales Soccer Complex
enhancements.
RECOMMENDATION It is recommended that the City Commission take the following actions:
1. Accept the Florida Recreation Development Assistance (FRDAP) grant award from the Department of
Environmental Protection.
2. Authorize the City Manager to execute the grant agreement on the City's behalf.
BACKGROUND The Land and Recreation Grants staff administers grants to local governments through
the Florida Recreation Development Assistance Program (FRDAP). This competitive, reimbursement
grant program provides financial assistance for acquisition or development of land for public outdoor
recreation. Eligible participants include all county governments, municipalities in Florida and other
2. Authorize the City Manager to execute the grant agreement on the City's behalf.
BACKGROUND The Land and Recreation Grants staff administers grants to local governments through
the Florida Recreation Development Assistance Program (FRDAP). This competitive, reimbursement
grant program provides financial assistance for acquisition or development of land for public outdoor
recreation. Eligible participants include all county governments, municipalities in Florida and other
legally constituted local governmental entities with the responsibility for providing outdoor recreational
sites and facilities for the general public.
The City was awarded a FRDAP Grant for $200,000 for the Lake Wales Soccer Complex.
Enhancements include soccer field resurfacing, playground equipment, lighting, trash receptacles and
added picnic tables for the enjoyment of the community. The City will be required to match the $200,000
for a total project cost of $400,000.
OTHER OPTIONS Do not approve the FRDAP Grant Agreement.
FISCAL IMPACT The grant application amount is $200,000 plus matching City funds of $200,000 (total
$400,000). Fiscal Impact Study prepared by the Finance Department is attached.
[End Agenda Memo]
6.IV. 2024 Funding Agreement With The Lake Wales Arts Council (LWAC)
[Begin Agenda Memo]
SYNOPSIS: The City Commission will consider entering into an agreement with the Lake Wales Arts
Council granting $50,000 to provide enhanced performing arts programs for the City of Lake Wales and
its surrounding areas for the benefit of the community.
RECOMMENDATION It is recommended that the City Commission consider the following action(s):
1. Approve the agreement with the Lake Wales Arts Council
2. Authorize the Mayor to execute the appropriate documents on the City’s behalf
3. Authorize the city to process a payment for $50,000 to the Lake Wales Arts Council
BACKGROUND The City of Lake Wales provided a grant of $50,000 to the LWAC last fiscal year. A
requirement of that grant was to provide an adopted budget and present reports as required by the City
Manager. Tommy Frank, Executive Director of the LWAC presented the information to the city
commission on July 31, 2024 workshop meeting.
OPTIONS 1. The City Commission may choose not to grant the funds to the LWAC
FISCAL IMPACT The agreement calls for the City to pay: A grant of $50,000.
[End Agenda Memo]
6.V. Lake Wales Live Funding
[Begin Agenda Memo]
SYNOPSIS: The City Commission will consider authorizing the payment of $30,000 to the Lake Wales
Arts Council to provide coordination of bands and stage management for Lake Wales Live.
RECOMMENDATION It is recommended that the City Commission consider the following action(s):
Authorize the city to process a payment for $30,000 to the Lake Wales Arts Council for Lake Wales
Live.
BACKGROUND The City of Lake Wales began bringing live music to the linear park across the street
from the library in February of 2019. In 2023, the Lake Wales Arts Council, Main Street, and City of
RECOMMENDATION It is recommended that the City Commission consider the following action(s):
Authorize the city to process a payment for $30,000 to the Lake Wales Arts Council for Lake Wales
Live.
BACKGROUND The City of Lake Wales began bringing live music to the linear park across the street
from the library in February of 2019. In 2023, the Lake Wales Arts Council, Main Street, and City of
Lake Wales Parks & Recreation staff partnered to make this event even greater. Since the partnership,
we have been able to use each parties’ strengths to make the event better than if just one entity were to
do it on their own. The Arts Council has been able to coordinate the stage, sound, lights, and bands for
the event. City staff is requesting the authorization of $30,000 to the Lake Wales Arts Council to help
offset the costs of the stage, lighting, sound, and bands for Lake Wales Live.
OPTIONS
1. The City Commission may choose not to grant the funds to the LWAC
FISCAL IMPACT ? The payment of $30,000.
[End Agenda Memo]
6.VI. Dewberry Engineering Task Authorization #20-471 City Of Lake Wales Water Master Utility Plan
[Begin Agenda Memo]
SYNOPSIS: Staff recommends Commission approval to enter into an engineering contract with
Dewberry Engineering Inc. to perform engineering services related to the study and development of a
new Water Master Utility Plan in the amount of $114,910.
STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following
action:
1. Approve the attached contract with Dewberry Engineering Inc. in the amount of $114,910 to perform
engineering services related to the development of the City’s updated Water Master Utility Plan.
2. Authorize the City Manager to execute the appropriate documents, on the city’s behalf associated
with this project.
BACKGROUND The scope of work under this contract is to develop a comprehensive Water Master
Utility Plan that will guide the City’s water system improvements for the next 10 to 20 years. The study
will focus on capital improvement projects, system optimization, and prioritization of repair and
rehabilitation needs. Dewberry Engineering Inc. will perform a detailed needs assessment, hydraulic
modeling, infrastructure analysis, and cost development to address both current and future demands on
the system. The updated plan will identify necessary capital improvements, prioritize projects based on
urgency and funding availability, and establish a roadmap for the growth and maintenance of the water
utility over the next 5, 10, and 20 years. Upon completion of the Water Master Plan study, it will be
presented to the Commission for final review and approval.
OTHER OPTIONS None. It is essential that a new Water Master Utility Plan be developed to ensure the
continued reliability, efficiency, and growth capacity of the City’s water system. The previous Water
Master Plan was completed in 2019, and many of the projects identified at that time are either
completed or in progress. Given the changes in the City’s growth patterns, infrastructure needs, and
technological advancements, a new comprehensive study is required to ensure that the water system
can meet future demand and regulatory standards.
FISCAL IMPACT Monies will be allocated to G/L 403-536-900-664-400 Master Plan Water Dist.
System. A budget transfer will be necessary.
[End Agenda Memo]
6.VII. Dewberry Work Authorization For Professional Consulting Services – Hunt Brothers Road And Scenic
Hwy Utility Extension
[Begin Agenda Memo]
[End Agenda Memo]
6.VII. Dewberry Work Authorization For Professional Consulting Services – Hunt Brothers Road And Scenic
Hwy Utility Extension
[Begin Agenda Memo]
SYNOPSIS: Staff is seeking Commission approval to authorize Dewberry Engineers Inc. to provide
professional consulting services for the Hunt Brothers Road and Scenic Highway Utilities Project. The
proposed project involves the replacement and upsizing of existing water, non-potable water, and
forcemain.
STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following
action:
1. Approve the attached consulting services agreement with Dewberry Engineering Inc. for the Hunt
Brothers & Scenic Hwy Utility Extension project in the amount of $335,700.
2. Authorize the City Manager to execute the appropriate documents, on the city’s behalf associated
with this project.
BACKGROUND The Hunt Brothers Road and Scenic Highway Utilities project is a critical infrastructure
improvement aimed at replacing and up-sizing existing utility infrastructure along the Hunt Brothers
Road and Scenic Highway corridors. The work will include the placement of approximately 7,900 linear
feet of 12-inch water main, the installation of approximately 8,500 linear feet of reclaim water main, and
the installation of approximately 9,000 linear feet of 6-inch dryline forcemain. Dewberry Engineers Inc.
has provided a comprehensive proposal for the required professional services, which includes detailed
tasks from project management and surveys to the completion of design and construction documents.
This work will also include necessary permitting and coordination for bidding and construction phase
services.
OTHER OPTIONS An alternative option would be to deny approval of this work authorization, which
would prevent staff from moving forward with the necessary consulting services for the Hunt Brothers
Road and Scenic Hwy Utilities project. Denying this authorization would delay critical infrastructure
improvements needed to support the proposed fire station and future development in the area.
FISCAL IMPACT Monies will be allocated to G/L 403-536-950-664-925. The total cost of the work
authorization is $335,700 to be funded from impact fees. A budget transfer will be required.
[End Agenda Memo]
6.VIII. Roof Replacement At Museum’s Pink Depot
[Begin Agenda Memo]
SYNOPSIS: Staff recommends commission authorize the expenditure of $80,030.61 to LaPorta
Contracting for the roof replacement at the Museum’s Pink Depot building.
STAFF RECOMMENDATION It is recommended that the City Commission consider taking the following
action:
1. Authorize the expenditure of funds of $80,030.61 to LaPorta Contracting for roof replacement at the
Museum’s Pink Depot Building.
2. Authorize the City Manager to execute the appropriate documents, on the City’s behalf.
BACKGROUND The current roof at the Museum’s Pink Depot is leaking in many areas throughout the
building. The Pink Depot houses many artifacts that are irreplaceable. The Pink Depot also holds
meetings and parties for the public. On October 24, 2024 the city solicited a request for proposal for roof
replacement, with a bid open date of November 07, 2024. There were six (6) responsive bidders. Based
on staff evaluations, it is recommended the Commission take the following action, approve the
BACKGROUND The current roof at the Museum’s Pink Depot is leaking in many areas throughout the
building. The Pink Depot houses many artifacts that are irreplaceable. The Pink Depot also holds
meetings and parties for the public. On October 24, 2024 the city solicited a request for proposal for roof
replacement, with a bid open date of November 07, 2024. There were six (6) responsive bidders. Based
on staff evaluations, it is recommended the Commission take the following action, approve the
expenditure of $80,030.61 to LaPorta Contracting and authorize the City Manager to execute the
appropriate documents on the City’s behalf.
OTHER OPTION The commission could choose not to go forward with these needed repairs and risk
further damaged being caused to the facility and the contents stored in the facility.
FISCAL IMPACT $80,030.61 will be used from the American Rescue Plan Act (ARPA) funds to pay for
the roof replacement.
[End Agenda Memo]
6.IX. Lakeshore Boulevard Drainage Improvement – Consulting Services Authorization
[Begin Agenda Memo]
SYNOPSIS: The City Commission will consider authorizing an agreement with Kimley-Horn and
Associates, Inc. to provide consulting services for the Lakeshore Boulevard Drainage Improvement
project, including design and grant application support.
STAFF RECOMMENDATION Staff recommends the City Commission consider taking the following
action:
1. Approve the expenditure of $107,900 for Kimley-Horn to provide consulting services as detailed in the
attached authorization.
2. Authorize the City Manager to execute the necessary documents on behalf of the City for this
project.
BACKGROUND The Lakeshore Boulevard Drainage Improvement project aims to address a historical
erosion issue along this corridor. The absence of curbing and structures has caused wash out and
erosion between residential homes. In the past, staff installed a temporary asphalt berm to mitigate
erosion; however, this solution was never intended to be permanent. The proposed project will develop
construction-level plans for drainage improvements, including the installation of curbing and necessary
stormwater infrastructure. Kimley-Horn has recently completed a Limited Assessment of potential
improvements and is well-positioned to advance this project, which is critical for enhancing the durability
of Lakeshore Boulevard and improving overall water management in the area. The scope of services
includes project meetings, grant application support, subsurface utility survey coordination, stormwater
design calculations, construction plans, and preparation of a request for verification of exemption from
the Southwest Florida Water Management District (SWFWMD). Additionally, grant compliance and
management services are offered as an optional task.
OTHER OPTIONS The City Commission may choose not to approve this request; however, failing to
proceed will exacerbate the ongoing erosion issue along Lakeshore Boulevard and could lead to
increased flooding and damage to adjacent properties.
FISCAL IMPACT A budget amendment will be needed to transfer funds from the American Recovery
Plan Act (ARPA) to fund this portion of the project.
[End Agenda Memo]
7. OLD BUSINESS
7.I. ORDINANCE 2024-39 Harding Ave. Mixed-Use Annexation 2nd Reading And Public Hearing
[Begin Agenda Memo]
7. OLD BUSINESS
7.I. ORDINANCE 2024-39 Harding Ave. Mixed-Use Annexation 2nd 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, and a Zoning Map Amendment to
assign 2.75+/- acres of land a Zoning designation of C-5 Village Center.
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. A Special Exception Use Permit for a Mixed-Use Planned Development Project
(MUPDP), with waivers of strict compliance and conditions of approval, was approved by City
Commission in November of 2024, contingent upon the adoption of these ordinances. Staff finds that the
zoning and land use designations support the proposed development and are compatible with the
surrounding area and support the MUPDP.
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.
Harding Avenue MUPUD: The applicant proposed 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. This plan was
approved by City Commission on November 19.
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.
FISCAL IMPACT Approval of ordinances would allow for the development of the site and may increase
property value.
[End Agenda Memo]
pedestrian and vehicular traffic.
FISCAL IMPACT Approval of ordinances 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.
OPENED PUBLIC HEARING
CLOSED PUBLIC HEARING
Commissioner Thompson made a motion to adopt ORDINANCE 2024-39 after 2nd reading and
Public Hearing. Deputy Mayor Gibson seconded the motion.
by roll call vote:
Commissioner Thompson "YES"
Deputy Mayor Gibson "YES"
Commissioner Gillespie "YES"
Mayor Hilligoss "YES"
Motion approved 4-0
7.II. ORDINANCE 2024-40 Harding Ave. Mixed-Use Land Use 2nd 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, and a Zoning Map Amendment to
assign 2.75+/- acres of land a Zoning designation of C-5 Village Center.
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. A Special Exception Use Permit for a Mixed-Use Planned Development Project
(MUPDP), with waivers of strict compliance and conditions of approval, was approved by City
Commission in November of 2024, contingent upon the adoption of these ordinances. Staff finds that the
zoning and land use designations support the proposed development and are compatible with the
surrounding area and support the MUPDP.
A recommendation of approval for annexation is not required from the Planning and Zoning Board.
BACKGROUND:
zoning and land use designations support the proposed development and are compatible with the
surrounding area and support the MUPDP.
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.
Harding Avenue MUPUD: The applicant proposed 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. This plan was
approved by City Commission on November 19.
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.
FISCAL IMPACT Approval of ordinances 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 Thompson made a motion to adopt ORDINANCE 2024-40 after 2nd reading and
Public Hearing. Deputy Mayor Gibson seconded the motion.
by roll call vote:
Commissioner Thompson "YES"
Deputy Mayor Gibson "YES"
Commissioner Gillespie "YES"
Mayor Hilligoss "YES"
Motion approved 4-0
7.III. ORDINANCE 2024-41 Harding Ave. Mixed-Use Zoning 2nd 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, and a Zoning Map Amendment to
assign 2.75+/- acres of land a Zoning designation of C-5 Village Center.
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. A Special Exception Use Permit for a Mixed-Use Planned Development Project
(MUPDP), with waivers of strict compliance and conditions of approval, was approved by City
Commission in November of 2024, contingent upon the adoption of these ordinances. Staff finds that the
zoning and land use designations support the proposed development and are compatible with the
surrounding area and support the MUPDP.
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.
Harding Avenue MUPUD: The applicant proposed 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. This plan was
approved by City Commission on November 19.
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
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. This plan was
approved by City Commission on November 19.
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.
FISCAL IMPACT Approval of ordinances 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 Thompson made a motion to adopt ORDINANCE 2024-41 after 2nd reading and
Public Hearing. Deputy Mayor Gibson seconded the motion.
by roll call vote:
Commissioner Thompson "YES"
Deputy Mayor Gibson "YES"
Commissioner Gillespie "YES"
Mayor Hilligoss "YES"
Deputy Mayor Gibson "YES"
Commissioner Gillespie "YES"
Mayor Hilligoss "YES"
Motion approved 4-0
8. NEW BUSINESS
9. CITY ATTORNEY
Albert Galloway, Jr., City Attorney, reported on the Code Enforcement Board training workshop that is
planned this week.
10. CITY MANAGER
James Slaton, City Manager, announced that there is a Parent's Day Out event Saturday at the Family
Recreation Center. The Orange Blossom Revue is this weekend and Make it Magical is next Friday.
Mr. Slaton reported that there will be a web page tracking the Lake Wales Envisioned Plan to keep the
public updated.
10.I. Commission Meeting Calendar
James Slaton, City Manager, said there is a work session next week.
11. CITY COMMISSION COMMENTS
Commissioner Gillespie expressed concern about the potential impact of the Live Local statute on the City
of Lake Wales. She questioned whether the city attorney had provided sufficient guidance on compliance
with the statute. Additionally, she expressed disappointment about the cancellation of the tree lighting
ceremony and expressed hope for a successful Make it Magical event on the following Friday.
Commissioner Gillespie said that these community events are important in fostering a sense of
togetherness and healing.
Deputy Mayor Gibson emphasized the importance of realistic expectations regarding the Lake Wales
Envisioned plan. He acknowledged the challenges of implementing large-scale development projects and the
role of market forces in determining housing options. While he expressed optimism about the potential for
growth and development, he also cautioned against unrealistic expectations. He stressed the importance of
balancing aspirations with practical considerations and focusing on achievable goals.
12. MAYOR COMMENTS
Mayor Hilligoss expressed appreciation for the work being done on infrastructure projects and community
events. Mayor Hilligoss asked for updates on addressing Mr. Roberts concerns. He emphasized the
importance of transparency and communication regarding the Lake Wales Envisioned plan and the city's
efforts to attract jobs and investment. Mayor Hilligoss also raised questions about the impact of the Live
Local statute on the city's annexation efforts and sought clarification from the city attorney. Mayor Hilligoss
expressed optimism for the future of Lake Wales and the city's commitment to progress and community
development.
13. ADJOURNMENT
The meeting was adjourned at 6:25 p.m.
_______________________
Mayor
The meeting was adjourned at 6:25 p.m.
_______________________
Mayor
ATTEST:
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City Clerk
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