City Commission Workshop Meeting
Regular MeetingLake Wales, FL · March 10, 2021
Minutes
City Commission Work Session minutes
March 10, 2021
(APPROVED)
This meeting was conducted partially via tele-conference.
3/10/2021 - Minutes
1. CALL TO ORDER & ROLL CALL
Commissioners Present: Terrye Howell, Curtis Gibson, Al Goldstein, Robin Gibson, Mayor Fultz
Staff Present: James Slaton, City Manager; Jennifer Nanek, City Clerk; Albert Galloway,
Jr., City Attorney
Mayor Fultz called the meeting to order at 3:00 p.m. Mayor Fultz read a
statement:
The Governor’s Executive Order 20-246 allowing for meetings of a Municipality’s governing boards
without having a quorum of its members present physically or at any specific location has expired
as of Nov. 1.
However due to the ongoing State of Emergency, while a majority of Commission Members must be
present in the Chambers, members of the staff and public may still participate in our meetings
virtually.
Members of the public are welcome to come into the Commission Chambers to attend our Commission
Agenda Work Session Meetings. We ask that everyone be mindful of social distancing and sit in
designated seating.
Any member of the public may register to attend our meetings virtually at
WWW.LAKEWALESFL.GOV/REGISTER
Additional Information and Procedures for public participation will be explained by the City
Attorney shortly.
Albert Galloway, Jr., City Attorney, read a statement on Procedures for this partial virtual Public
Meeting.
Mr. Galloway asked the Commissioners, "are you comfortable with all the notice provisions set forth
and these uniform rules of procedures we have established for this Virtual meeting? The
Commissioners answered affirmatively.
2. City Manager Comments
James Slaton, City Manager, had no comments.
3. Presentation - Polk Regional Water Cooperative
Ryan Taylor, Assistant City Manager and representative of the Polk Regional Water Cooperative, gave a
slide show presentation. He said this has not happened overnight. It has been worked on since 2006. This is
the 5th presentation they have done to a city on the ridge. Why are we doing what we are doing? The
pandemic has delayed the discussion of the project. The costs are big huge scary numbers. The Water
Management District may pay half it and Federal Programs will help pay for the other half over a period of
time. Right now there is a rule change in Tallahassee where Polk County will see a 20% reduction in paper
permits. This will be tied to what we can demonstrate we need. We will have to get water from an alternative
supply. We will have to reduce reliance. We are trying to get more funds from the state level.
Mr. Taylor introduced Mary Thomas, Consultant Project Manager with Team One for the Cooperative, and
Robert Beltran, Consultant with Team One, and the Executive director with the Water Management District.
They are technical people to answer questions.
permits. This will be tied to what we can demonstrate we need. We will have to get water from an alternative
supply. We will have to reduce reliance. We are trying to get more funds from the state level.
Mr. Taylor introduced Mary Thomas, Consultant Project Manager with Team One for the Cooperative, and
Robert Beltran, Consultant with Team One, and the Executive director with the Water Management District.
They are technical people to answer questions.
Mary Thomas reviewed the Central Florida Water Initiative which covers 5 counties including Polk County.
Water supply planning efforts to meet the region's growing needs have been ongoing for many years.
Additional withdrawals could exacerbate the problem. Three areas to withdraw groundwater were identified in
Polk County. Susceptibility refers to impacts on environmental systems. There are regulatory limits on
some lakes and wetlands in the area. There are levels where recreation and habitat cannot be sustained.
There are red squares on the map that represent wetlands and lakes below minimum levels. The upper
aquifer is the primary source for drinking water for our communities. The estimated sustainable yield of that
aquifer is 760 gallons per day across the five counties. This limit will be reached in 2025. FDEP has
submitted a draft rule to the Legislature that will restrict applicants to an amount no greater that its 2025
demand. This could result in a 30% permit cutback to Polk County Utilities. We need to work together to
diversify and find alternative water supplies. Current environmental systems are strained. We need to look for
other sources. The southeast well field is one possible alternative. At build out it could provide 12.5 million
gallons a day. The PRWC have come up with a 5 year implementation plan. This could supply water for
years to come. This agreement allows the process to play out. The cost for this will be related to how much
water each member needs. Allocation will determine member share of costs. There are 3 phases with 2
design phases and phase I of construction. Phases after that will be determined later. The 60% design level
is important. At this point the City will know what the costs are and our City's needs are. There will be
opportunity for discussion and an off-ramp opportunity if the City wants to withdraw from the agreement. Ms.
Thomas reviewed the steps to the off-ramp process. Ms. Thomas shared the 20 year estimated cost to build
out that wellfield at $300 million. She then reviewed ways that this cost may be reduced. If it is reduced
Lake Wales' share is estimated at $9.9million. This may be an annual cost of $240,000 over 40 years. Ms.
Thomas address the question of other options. She shared costs of other sources. The cost of this will be
average compared to other possible options. She shared possible costs for customers based on rates
around Florida. The initial commitment for Lake Wales is about $660,000.
Robert Beltran said that this is not a cheap option. He reviewed financing options. SWFWMD may pay 47%
of costs. They have pledged $65 million to help identify potential supply and develop a plan. This was a
historical commitment. $53 million is left for Polk County to use to implement these projects. There is
money to help with design phase and to help this project move forward. State funding will help Lake Wales
with about 4% of costs. The money is available and waiting for us to decide. The PRWC has been invited to
apply for a $235 million loan. There would be low interest rates and 35 year repayment period. He shared a
timeline to get funding. New restrictions could impact future growth. Currently Lake Wales is using 2.6
millon gallons. This could grow to 3.7 million by 2045.
Commissioner Goldstein asked how these estimates are arrived at. Our growth may be more than this. Mr.
Beltran agreed and said this is based on population growth information from City staff. Commissioner
Goldstein asked about citrus industry how will they be affected? Mr. Beltran said their needs will be capped
as well.
Mr. Beltran said that this is a huge cost and a huge decision. We are running out of supply. He provided a
summary of the costs and benefits to Lake Wales. 727,000 of gallons a day of alternative water supply for
$247,421 per year for 40 years. Cost is estimated at $18.62 per year for a home. One home uses about
101,325 gallons a year.
Ryan Taylor said this is a lot of information. We have started with feasibility studies and permits. This will be
costly. We are planning for the future of Polk County. This will be a big decision. He asked for the
Commission to consider this for future approval. Right now this is just information. He is available for
questions now or later.
Commissioner Curtis Gibson asked for a copy of the presentation. Mr. Taylor said the City has it already.
Deputy Mayor Robin Gibson said he was surprised to hear that our water supply is brackish. He asked
about where the contamination comes from. Mr. Taylor said intrusion from the ocean contributes. Deputy
Mayor Robin Gibson said that we can't substitute water. What incentives are built in for conservation aside
from raising costs? Mr. Taylor said conservation efforts are a component are this project. They are working
to reduce the cost. Mary Thomas encouraged conservation efforts and programs to implement. Outdoor
irrigation is a big part of your overall use. Commissioner Goldstein asked about asking new developments to
Deputy Mayor Robin Gibson said he was surprised to hear that our water supply is brackish. He asked
about where the contamination comes from. Mr. Taylor said intrusion from the ocean contributes. Deputy
Mayor Robin Gibson said that we can't substitute water. What incentives are built in for conservation aside
from raising costs? Mr. Taylor said conservation efforts are a component are this project. They are working
to reduce the cost. Mary Thomas encouraged conservation efforts and programs to implement. Outdoor
irrigation is a big part of your overall use. Commissioner Goldstein asked about asking new developments to
modify landscaping to need less water. Ms. Thomas said there are ways to get developers to require less
irrigation.
Mayor Fultz said that there is commission consensus to bring the agreement back for a vote.
4. Discussion - EDC Contract
James Slaton, City Manager, reported that the EDC contract is expired and needs to be renewed. The
Chamber is going through some changes currently. He would like to work with the Chamber on updating the
contract with direction from the Commission.
Commissioner Curtis Gibson said he has researched the issue and learned what other cities do. He
suggested separating the EDC from the Chamber as some other cities do. We could have separate
contracts with the EDC and the Chamber of Commerce. This would help with accountability and
transparency. This would be a good compromise. We could also put the EDC as part of the City.
Commissioner Goldstein said we can't afford to separate them. We need to work with our Chamber and
invest in them. We need to all work together. We have had a bad time economically this past year. We
need the Chamber to be open and the director should live in the area. We need to grow our City and maybe
in the future they could be separate.
Commissioner Howell said the person hired by the EDC needs to be here in Lake Wales. She said she is
undecided on whether the position should be separate or not. The City had the position for awhile and that
situation wasn't much better. Whatever happens we all need to be on the same page to get businesses
here.
Deputy Mayor Robin Gibson said that when the City had economic development it was inefficient as there
was no communication. The Economic Development Council and the Chamber are both meant to be all
about economic development. We should not separate them. We need to pool resources to promote
economic development for the broader Lake Wales community. We are more likely to be successful.
Mayor Fultz said having an Economic Development person as part of the City was a problem because of
confidentiality and oversight concerns. Having the chamber do it is more efficient. They work hand-in-hand.
Commissioner Curtis Gibson said there are some differences between the Chamber and Economic
Development Council including purpose and membership. One person cannot do all of both jobs. They are
separate in other cities. We do need to support the Chamber. We can all still work together if the positions
are separate.
5. Street Renaming Request - First Street To Bolet Salud Street
James Slaton, City Manager, reviewed this item. He said he provided the Commission a copy of the current
Ordinance concerning street renaming.
Mayor Fultz said that the story of Bolet Salud and her accomplishments is very worthy of renaming a
street.
Deputy Mayor Robin Gibson said that we need more established standards for renaming streets. He is in
favor of renaming numbered and lettered streets for upstanding citizens. He said he thinks the world of Bolet
Salud and would be in favor of renaming a street for her but we need some standards.
Mr. Slaton said he will get costs and information on signage for the Commission before a decision to move
forward is made.
Commissioner Curtis Gibson said that he supports renaming a street for Bolet Salud but he would like to
see the costs first.
Mr. Slaton said he will get costs and information on signage for the Commission before a decision to move
forward is made.
Commissioner Curtis Gibson said that he supports renaming a street for Bolet Salud but he would like to
see the costs first.
Commissioner Howell suggested calling it Bolet Salud First Street
6. Memorandum Of Understanding – Redevelopment Of Distressed Properties
[Begin Agenda Memo]
SYNOPSIS: The proposed Memorandum of Understanding between the City of Lake Wales and the City of
Lake Wales Community Redevelopment Agency (CRA) will provide a method to redevelop or restore
distressed properties within the CRA.
RECOMMENDATION Staff recommends that the City Commission approve the Memorandum of
Understanding and transmit to the Lake Wales CRA for consideration.
BACKGROUND To address the potential redevelopment of distressed properties, staff has prepared a
Memorandum of Understanding (MOU) to aid prospective redevelopers. The proposed MOU will provide a
framework for the establishment of “Redevelopment Agreements” for both public and privately owned
properties that are candidates for redevelopment. Included in the MOU are provisions that allow redevelopers
to use payment of outstanding code enforcement liens or payments received upon the sale of Publicly
owned properties to restore the distressed properties. This would be accomplished by placing monies
received into a dedicated trust fund that will be used to reimburse redevelopers for expenditures related to
the redevelopment of distressed properties. The proposed MOU and related Redevelopment Agreements will
serve as incentives to facilitate redevelopment, especially in the core area of Lake Wales.
OTHER OPTIONS Not approve the agreement.
FISCAL IMPACT The redevelopment of distressed properties will ultimately contribute to the City’s tax
base.
[End Agenda Memo]
James Slaton, City Manager, reviewed this item.
Deputy Mayor Robin Gibson reviewed it and some improvements on it He saith said that this establishes our
intentions. This is not just about money.
Commissioner Curtis Gibson said he likes it and shows that we are working with businesses.
Commissioner Goldstein said this is a good step. Staff needs to be included concerning fines. Albert
Galloway, Jr., City Attorney, said Code Enforcement will not reducing fines until property is in compliance.
Commissioner Howell said this is better than what has been done in the past.
Mayor Fultz said this is a good idea.
7. Discussion - Grand Hotel
[Begin Agenda Memo]
SYNOPSIS: The City Commission will consider the attached letter of legal opinion received from Kevin
Ashley with Peterson & Myers, P.A. and determine a course of action.
RECOMMENDATION: Staff recommends Commission consideration of the attached legal opinion and
provide staff with direction.
BACKGROUND During a past City Commission work session, the City Commission requested that the City
Ashley with Peterson & Myers, P.A. and determine a course of action.
RECOMMENDATION: Staff recommends Commission consideration of the attached legal opinion and
provide staff with direction.
BACKGROUND During a past City Commission work session, the City Commission requested that the City
Manager investigate the status of the Grand Hotel. This memorandum and attached letter of legal opinion
contain the findings ascertained thus far.
1. Currently, the City has no active building permits, building permit applications, or plans under review
related to redevelopment of the Grand Hotel. Additionally, no outstanding Code Enforcement violations or
fines exist related to the Grand Hotel.
2. As indicated in Mr. Ashley’s letter of opinion, Dixie-Walesbilt, LLC has committed multiple, material
breaches of the original Redevelopment Agreement and a factual basis for bringing a lawsuit against Dixie-
Walesbilt appears to be solid. If the City desires to take action against Dixie-Walesbilt, LLC, any claims to
be made must first be noticed to the LLC with an opportunity to cure, as provided in the original
Redevelopment Agreement. Staff is requesting direction from the City Commission, specifically as it relates
to sending the notice of default to Dixie-Walesbilt, LLC.
FISCAL IMPACT None at this time, but costs will be incurred if the Commission elects to file suit following
the Curative Period.
[End Agenda Memo]
James Slaton, City Manager, reviewed this item.
Commissioner Curtis Gibson asked who suggested the attorney. Mr. Slaton said Deputy Mayor Robin
Gibson recommended him. Commissioner Curtis Gibson asked what the cost was. Mr. Slaton said it was
an estimated $11,000. Commissioner Curtis Gibson asked who wrote the contract to begin with. Albert
Galloway, Jr., City Attorney, said that he did. Commissioner Curtis Gibson asked why couldn't our attorney
review the contract? Mr. Slaton said he wanted a third-party independent attorney to review it. Commissioner
Curtis Gibson asked if the City has tried to work with Mr. Brown to finish this. Mr. Slaton said there are no
open permits or plans under review. Commissioner Curtis Gibson asked about communicating with Mr.
Brown. Mr. Galloway said that he has heard that he has refused community support. Commissioner Curtis
Gibson said we shouldn't move behind the scenes. We need to be transparent. He said we should sit and
talk with Ray Brown so it doesn't look like the City is against him. We need the building finished and open.
We might be able to resolve this across the table with no cost.
Commissioner Goldstein said this might encourage Ray Brown to move forward.
Commissioner Howell said this will give him 30-45 days to fix the items that are listed. Mr. Galloway said
this will urge him to take some action and reviewed some of the items that weren't done. Commissioner
Howell said there was a limitation in the contract. Mr. Galloway confirmed this. Commissioner Howell asked
what happens after 45 days? Mr. Galloway said a decision will be made about breach of contract.
Deputy Mayor Robin Gibson said that he has heard constant comments and questions about the hotel from
the public. He said this is reviewed by a competent lawyer from a good firm. We needed a third party to look
at it. Ray Brown has been talked to plenty. He has had plenty of time. Are we going to give these notices?
Then decide about filing action.
Commissioner Goldstein asked if we will vote on this at the Commission meeting. Mr. Slaton confirmed this.
Commissioner Goldstein asked if Ray Brown can sell the hotel. Deputy Mayor Robin Gibson said yes.
Commissioner Curtis Gibson asked if there was a statute of limitations? Mr. Galloway said it was waived.
Deputy Mayor Robin Gibson explained that's why this was extended repeatedly.
Mayor Fultz said that he has worked with Ray Brown repeatedly over the years and Ray brown has refused
offers to help because he wants to do this his way. He supports sending this notice.
There was consensus to put this on an upcoming Commission Meeting.
8. Agreement With The Center For Public Safety Management
Mayor Fultz said that he has worked with Ray Brown repeatedly over the years and Ray brown has refused
offers to help because he wants to do this his way. He supports sending this notice.
There was consensus to put this on an upcoming Commission Meeting.
8. Agreement With The Center For Public Safety Management
[Begin Agenda Memo]
Synopsis:
Approval of this item will allow the police department to enter into an agreement with the Center for Public
Safety Management (CPSM) for a Comprehensive Analysis of Law Enforcement Services.
Recommendation:
1. Authorize the police department to execute the agreement with the Center for Public Safety Management.
2. Approve a budget amendment in the amount of $45,550.00
Background: The International City/County Manager Association (ICMA) is the world’s leading association
of professional city and county managers and other employees who serve local governments. Since 1914,
the ICMA has assisted local governments and their managers in providing services to its citizens in an
efficient and effective manner. The ICMA Center for Public Safety Management (ICMA/CPSM) provides
support to local governments in the areas of police, fire, and emergency medical services.
One of the specialized services provided by the CPSM is an analysis of law enforcement services. This
comprehensive analysis exceeds that of law enforcement accreditation or similar studies and involves the
following major outcomes:
- Conduct a data-driven forensic analysis to identify actual workload.
- Identify and recommend appropriate staffing and deployment levels for every operational and support
function in the department.
- Examine the department’s organizational structure and culture. ? Perform gap analysis, comparing the “as
is” state of the department to the best practices of industry standards.
- Recommend a management framework to ensure accountability, increased efficiency, and improved
performance. The estimated duration of this initiative from beginning to end is between three to four months.
Other Options: The Commission may choose not to authorize the police department to execute the
agreement for services with the Center for Public Safety Management.
Fiscal Impacts: The cost for the Comprehensive Analysis of Law Enforcement Services is $45,550.00. This
expenditure was not budgeted in FY20/21 and will require a budget amendment from unallocated fund
balance.
[End Agenda Memo]
James Slaton, City Manager, reviewed this item.
Commissioner Curtis Gibson asked to confirm that they will make recommendations to improve our police
Department and that the recommendations will be public record. Mr. Slaton confirmed this. Commissioner
Curtis Gibson asked if Mr. Slaton will decide whether to implement the changes. Mr. Slaton said yes.
Commissioner Goldstein expressed concern that outside people from other parts of the country won't
understand our culture. Mr. Slaton said he has spent time with administrators all over the country and
outside opinions would be helpful and a shot in the arm.
Commissioner Howell said we should come out of this with a better department and a better culture. We
want our police department to be the best.
Commissioner Goldstein expressed concern that outside people from other parts of the country won't
understand our culture. Mr. Slaton said he has spent time with administrators all over the country and
outside opinions would be helpful and a shot in the arm.
Commissioner Howell said we should come out of this with a better department and a better culture. We
want our police department to be the best.
Deputy Mayor Robin Gibson said this is wonderful idea to bring things up to date.
Mayor Fultz said this is a good idea to help address some of the ongoing issues in the Police Department.
Chris Velasquez, Police Chief, said they are impressed with this program. This is an opportunity to take us
to the next level.
9. Leoma’s Landing Planned Development Project (PDP) Modification
[Begin Agenda Memo]
SYNOPSIS: JSK Consulting, agent for Leoma’s Landing LLC, the approval of City Commission for a
modification of the Leoma’s Landing Planned Development Project (PDP) modification.
RECOMMENDATION Staff recommends approval of the modification of the Leoma’s Landing Planned
Development Project. At a regular meeting on February 23, 2021, the Planning and Zoning Board made a
unanimous recommendation of approval to City Commission.
BACKGROUND The 94-acre site is located on the north side of Chalet Suzanne Road, just opposite
Carlsberg Estates and east of the Preserve Apartments, and west of Dinner Lake Shores subdivision. It is
currently vacant, unimproved property formerly used as cattle range.
The original PDP was approved in 2005 depicting 256 townhomes and 139 single-family homes. In 2014, the
approved plan was modified to replace the townhomes with 281 single-family homes. The plan has received
multiple extensions of time on approval at the request of the owner, as recently as 2019.
In February of 2020, the project entered into the Site Development process by submitting detailed
engineering plans. As of July of 2020, the project has approved site construction plans to begin developing
Phase I.
Following Site Development plan approval, the owners began discussions with a specific home builder. As a
result of those discussions, and in direct response to current industry and market demands, the applicant
has decided to modify the plan once more in order to offer a wider variety of single-family products. The
modifications to the plan affect future phases only.
Project Description and Proposal
Leoma’s Landing is designed to preserve and highlight two natural wetland areas. The wetland area to the
north is visible from the roadway, surrounded by open space and protected by an adjacent storm water
pond. The wetland area to the south is also protected by an adjacent storm water pond and is accessible via
a proposed scenic active recreation trail. Additionally, another scenic active recreation trail is proposed
along the east border of the community.
Density and Open Space The maximum density of dwelling units in the MDR land use category is 6 units
per gross acre; therefore, this 94-acre site could support a maximum of 564 dwelling units while still being
compliant with the Comprehensive Plan. However, approximately 42% of the overall development will be
preserved as open space (52.9 acres). The number of dwelling units proposed in the modified plan is still
significantly lower than the maximum allowed, at 335 homes – an increase of 55 dwelling units from the
originally approved plan. This creates a project density of 3.57 units per acre.
Building Setbacks
Front: 15 feet; garages must be setback a minimum of 25 feet in order to comply with residential driveway
length requirements
originally approved plan. This creates a project density of 3.57 units per acre.
Building Setbacks
Front: 15 feet; garages must be setback a minimum of 25 feet in order to comply with residential driveway
length requirements
Side: 5 feet; no obstructions will be permitted in the side-yard (AC systems, pumps, and other mechanical
equipment). 45’ and 55’ wide lots may have fencing in the side-yard, setback 15 feet from the front plane of
the home. 40’ and 50’ wide lots may have fencing 15 feet in front of the rear plane of the home, which
pushes the fence toward the rear of the lot and leaving the majority of the side yard open.
Rear: 10 feet
Streets, Sidewalks, & Parking The proposed PDP modification plan depicts a greenway boulevard section
connecting Chalet Suzanne and C.F. Kinney. The greenway section meets the City's requirements for a
minor collector roadway with 66' of right-of-way. Five-foot sidewalks are depicted on both sides of the
greenway section. Other internal local streets depict five-foot sidewalks on one side of the roadway section.
In addition, a six-foot external sidewalk is depicted along the frontage of Chalet Suzanne Road.
This proposed sidewalk will meander along our Landscape Buffer. It will serve as part of the Active
Recreation Trail as well as the County's sidewalk along Chalet Suzanne Road. In accordance with Polk
County requirements, the proposed PDP modification plan depicts ten feet of right-of-way dedication along
the frontage of Chalet Suzanne Road. The approved roadway improvement plan depicts the construction of
new dedicated right-hand and left-hand turn lanes. In addition, the approved roadway improvement plan also
depicts the construction of a new dedicated left hand turn into the existing development to the South.
The PDP modification plan provides for driveways which allow for at least one car and a second car in the
garage. This design provides at least 2 spaces per lot which is consistent with the City's requirements.
Traffic Study An updated Major Traffic Study was completed and certified for the project in January of 2021
by Stantec. The purpose of the report is to document the transportation impacts for the proposed
development. According to the study, two separate elements of the analysis were completed – concurrency
analysis, and operational analysis. The concurrency analysis determines the project impacts during the PM
peak hour of adjacent street traffic. The operational analysis analyzes the access point of the site.
The resulting PM peak hour of adjacent street indicates that the project will generate 338 PM peak hour
trips (213 inbound and 125 outbound). It was also determined that no roadway segments within the study
area exceeds the adopted LOS (level of-service) standard under total traffic conditions.
In conclusion, the traffic study reported that no transportation improvements will be required in order to
accommodate future traffic.
Landscaping, Tree Removal, & Buffers The width of the proposed landscape buffer along Chalet Suzanne
Road averages 35' with a minimum width of 20'. The plan depicts a continuous wall along the back of the
landscape buffer with landscaping in front of the wall. In addition, a wall along the entrance road is proposed
as part of the PDP modification. Specifically, the internal wall is proposed along the lots backing up to the
entrance road.
The site does not currently have many existing trees. The proposed PDP modification site plan identifies
existing Oak Tree Clusters to remain.
Community Standard Highlights Metro Development has a proven track record for creating quality
communities. By implementing engineering standards, strict monotony controls and builder design
guidelines they are an industry leader.
Specific Community Standards planned for this development include the following:
Community Architectural Review Board (ARB)
Monotony Controls (the City also has anti-monotony standards)
Restrict Against Use of Plywood, Vinyl, Aluminum Materials for Exterior Surfaces Restrictions on Types of
Community Architectural Review Board (ARB)
Monotony Controls (the City also has anti-monotony standards)
Restrict Against Use of Plywood, Vinyl, Aluminum Materials for Exterior Surfaces Restrictions on Types of
Residential Fencing Allowed
Requirement for Minimum Residential Landscape Package Greenway Boulevard Landscaping Decorative
Street Lighting with Potential Solar Power for Energy Conservation
100-Year Flood Plain
The site is comprised of Zone X and Zone AE Areas per FEMA Insurance Rate. The approved Southwest
Florida Water Management District Environmental Resource Permit depicts compensating storage for
encroachments into the existing floodplain areas.
Approved Waiver Request In order to protect the wetlands, provide for recreational opportunities and develop
a quality, marketable, environmentally friendly community, the applicant proposed the following waiver of
strict compliance:
- A reduction in minimum lot size, street frontage and lot width to allow for a mix of 40', 50' and 55' lots.
Code References and Review Criteria Specific sections of the Land Development Regulations applicable to
a PDP are:
- Review Process for subdivisions/PDPs: Section 23-223 and 224
- General standards and requirements for PDPs: Section 23-441-2
- Residential PDP design standards and design guidelines: Section 23-443
-General Development Regulations for Land Development: Article III, Div. 1. (Waivers from standards in this
section are requested) Abutting land uses:
North – groves and scattered single-family houses
East – Dinner Lake Shores single-family subdivision
South – Carlsberg Estates and vacant land
West – Former railroad right-of-way, City’s Fire Station #2 and The Preserve Apartments Staff
Comments and Findings
- The plan meets the Residential PDP standards found in Section 23-442.
- The use is compatible with the intentions of Policy 2.12: Medium Density Residential (MDR) of the City’s
Comprehensive Plan.
- The site is located within the City of Lake Wales utility service area.
- The Development Review Committee (DRC) reviewed the project on December 3, 2020 and had no
comments or concerns at that time.
- Phase I of the project has not been modified and has Site Development approval to commence work
following a pre-construction meeting with City staff.
- Staff communicated to the applicant on December 4, 2020 that a street trees plan will be required for
approval by Development Services staff prior to final plat approval.
- Phase I of the project has not been modified and has Site Development approval to commence work
following a pre-construction meeting with City staff.
- Staff communicated to the applicant on December 4, 2020 that a street trees plan will be required for
approval by Development Services staff prior to final plat approval.
OTHER OPTIONS Decline to approve the modification of the PDP.
FISCAL IMPACT Approval of the PDP Modification would enable the development of this property and the
potential increase in property value.
[End Agenda Memo]
Mark Bennett, Development Services Director, reviewed this item. He shared a slide show about traffic
impacts to the area. He said the area and traffic is growing. There is a need for more space at the entrance
of the development. He reviewed possible conflicts with the runway at Chalet Suzanne.
Mr. Slaton said this will be reviewed by the planning board before the Commission Meeting.
Commissioner Goldstein said the traffic out there is dangerous.
Deputy Mayor Robin Gibson said we need to have a mindset to mitigate traffic.
Mayor Fultz said we are in compliance as far as units and cars. He said he supports this.
10. Ordinance D2021-01 CPA Future Land Use Designation – Bundy Property, 1st Reading And Public Hearing
[Begin Agenda Memo]
SYNOPSIS: Ordinance D2021-01 proposes the assignment of LDR Low-Density Residential Future Land
Use; Ordinance D2021-02 proposes the assignment of R-1A Single-Family Residential Zoning; of 29.42
acres located south of Brookshire Subdivision and east of Scenic Hwy.
RECOMMENDATION Staff recommends approval after 1st reading of Ordinances D2021-01 and D2021-02,
following a public hearing. Public Hearing notice requirements have been met.
At a regular meeting on February 23, 2021, the Planning and Zoning Board made a unanimous
recommendation of approval to City Commission for the zoning and land use designations.
BACKGROUND The property owner petitioned for the annexation of these two parcels in December 2020.
The second reading of the annexation ordinance went before City Commission on January 19, 2021 and was
unanimously approved. The applicant has proposed the development of a single-family residence
subdivision.
The next step is to assign Future Land Use and Zoning to the property.
Recommended Land Use: LDR Low-Density Residential, finding that it is in keeping with the surrounding
land uses and will be consistent with the Comprehensive Plan.
Recommended Zoning: R-1A Single-Family Residential, finding that it is in keeping with the surrounding
area and that it is compatible with the proposed land use designation.
The City Commission assigns Future Land Use and Zoning designations by ordinance upon a
recommendation from the Planning & Zoning Board. The adopted Future Land Use ordinance is transmitted
to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as
appropriate with reference to the City’s Comprehensive Plan.
OTHER OPTIONS None.
FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the
property and a potential increase in the property value.
appropriate with reference to the City’s Comprehensive Plan.
OTHER OPTIONS None.
FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the
property and a potential increase in the property value.
[End Agenda Memo]
Mark Bennett, Development Services Director, reviewed this item and the next two items together.
Commissioner Goldstein asked how many feet is this off Chalet Suzanne? Mr. Bennett said about half a
mile.
Commissioner Goldstein said this will add traffic to the area.
Mr. Slaton said the widening of Chalet Suzanne road is in the county's 2040 Transportation Plan.
Commissioner Goldstein said we need to pressure the county to address this.
Mayor Fultz said that these might help encourage the county to move forward. Additional deaths on that
road will unfortunately be needed to get the county to move.
James Slaton, City Manager, said the County is aware of this and we are working with the county on this.
11. Ordinance D2021-02 Zoning Designation – Bundy Property 1st Reading And Public Hearing PID: 27-29-14-
000000-033020 & 27-29-14-860590-000501
[Begin Agenda Memo]
SYNOPSIS: Ordinance D2021-01 proposes the assignment of LDR Low-Density Residential Future Land
Use; Ordinance D2021-02 proposes the assignment of R-1A Single-Family Residential Zoning; of 29.42
acres located south of Brookshire Subdivision and east of Scenic Hwy.
RECOMMENDATION Staff recommends approval after 1st reading of Ordinances D2021-01 and D2021-02,
following a public hearing. Public Hearing notice requirements have been met. At a regular meeting on
February 23, 2021, the Planning and Zoning Board made a unanimous recommendation of approval to City
Commission for the zoning and land use designations.
BACKGROUND The property owner petitioned for the annexation of these two parcels in December 2020.
The second reading of the annexation ordinance went before City Commission on January 19, 2021 and was
unanimously approved. The applicant has proposed the development of a single-family residence
subdivision. The next step is to assign Future Land Use and Zoning to the property.
Recommended Land Use: LDR Low-Density Residential, finding that it is in keeping with the surrounding
land uses and will be consistent with the Comprehensive Plan.
Recommended Zoning: R-1A Single-Family Residential, finding that it is in keeping with the surrounding
area and that it is compatible with the proposed land use designation.
The City Commission assigns Future Land Use and Zoning designations by ordinance upon a
recommendation from the Planning & Zoning Board. The adopted Future Land Use ordinance is transmitted
to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as
appropriate with reference to the City’s Comprehensive Plan.
OTHER OPTIONS None.
FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the
property and a potential increase in the property value.
[End Agenda Memo]
12. Bundy Property Planned Development Project (PDP)
FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the
property and a potential increase in the property value.
[End Agenda Memo]
12. Bundy Property Planned Development Project (PDP)
[Begin Agenda Memo]
SYNOPSIS: Ordinance D2021-03 proposes the assignment of LDR Low-Density Residential Future Land
Use; Ordinance D2021-04 proposes the assignment of R-1D Single-Family Residential Zoning; of 16.96
acres located south of Mountain Lake Cut Off Road and west of Hwy 27
RECOMMENDATION Staff recommends approval after 1st reading of Ordinances D2021-03 and D2021-04,
following a public hearing. Public Hearing notice requirements have been met. At a regular meeting on
February 23, 2021, the Planning and Zoning Board made a unanimous recommendation of approval to City
Commission for the zoning and land use designations.
BACKGROUND The property owner petitioned for the annexation of these two parcels in December 2020.
The second reading of the annexation ordinance went before City Commission on January 19, 2021 and was
unanimously approved. The applicant has proposed the development of a single-family residence
subdivision. The next step is to assign Future Land Use and Zoning to the property.
Recommended Land Use: LDR Low-Density Residential, finding that it is in keeping with the surrounding
land uses and will be consistent with the Comprehensive Plan.
Recommended Zoning: R-1D Single-Family Residential, finding that it is in keeping with the surrounding
area and that it is compatible with the proposed land use designation. The City Commission assigns Future
Land Use and Zoning designations by ordinance upon a recommendation from the Planning & Zoning Board.
The adopted Future Land Use ordinance is transmitted to the state’s Department of Economic Opportunity
(DEO) for review. The DEO reviews the designations as appropriate with reference to the City’s
Comprehensive Plan.
OTHER OPTIONS None.
FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the
property and a potential increase in the property value.
[End Agenda Memo]
Mark Bennett, Development Services Director, reviewed this item.
13. Ordinance D2021-03 CPA Future Land Use Designation – K&M Groves 1st Reading And Public Hearing
PID: 27-29-33-000000-011050; 27-29-34-000000-033040; 27-29-34 000000-033020
[Begin Agenda Memo]
SUBJECT: Ordinance D2021-03 CPA Future Land Use Designation – K&M Groves Ordinance D2021-04
Zoning Designation – K&M Groves 1st Reading and Public Hearing PID: 27-29-33-000000-011050; 27-29-34-
000000-033040; 27-29-34 000000-033020
SYNOPSIS: Ordinance D2021-03 proposes the assignment of LDR Low-Density Residential Future Land
Use; Ordinance D2021-04 proposes the assignment of R-1D Single-Family Residential Zoning; of 16.96
acres located south of Mountain Lake Cut Off Road and west of Hwy 27
RECOMMENDATION Staff recommends approval after 1st reading of Ordinances D2021-03 and D2021-04,
following a public hearing. Public Hearing notice requirements have been met. At a regular meeting on
February 23, 2021, the Planning and Zoning Board made a unanimous recommendation of approval to City
Commission for the zoning and land use designations.
BACKGROUND The property owner petitioned for the annexation of these two parcels in December 2020.
The second reading of the annexation ordinance went before City Commission on January 19, 2021 and was
following a public hearing. Public Hearing notice requirements have been met. At a regular meeting on
February 23, 2021, the Planning and Zoning Board made a unanimous recommendation of approval to City
Commission for the zoning and land use designations.
BACKGROUND The property owner petitioned for the annexation of these two parcels in December 2020.
The second reading of the annexation ordinance went before City Commission on January 19, 2021 and was
unanimously approved. The applicant has proposed the development of a single-family residence
subdivision. The next step is to assign Future Land Use and Zoning to the property. Recommended Land
Use: LDR Low-Density Residential, finding that it is in keeping with the surrounding land uses and will be
consistent with the Comprehensive Plan. Recommended Zoning: R-1D Single-Family Residential, finding
that it is in keeping with the surrounding area and that it is compatible with the proposed land use
designation. The City Commission assigns Future Land Use and Zoning designations by ordinance upon a
recommendation from the Planning & Zoning Board. The adopted Future Land Use ordinance is transmitted
to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as
appropriate with reference to the City’s Comprehensive Plan.
OTHER OPTIONS None.
FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the
property and a potential increase in the property value.
[End Agenda Memo]
Mark Bennett, Development Services Director, reviewed this item and the following item.
14. Ordinance D2021-04 Zoning Designation – K&M Groves 1st Reading And Public Hearing PID: 27-29-33-
000000-011050; 27-29-34-000000-033040; 27-29-34 000000-033020
[Begin Agenda Memo]
SUBJECT: Ordinance D2021-03 CPA Future Land Use Designation – K&M Groves Ordinance D2021-04
Zoning Designation – K&M Groves 1st Reading and Public Hearing PID: 27-29-33-000000-011050; 27-29-34-
000000-033040; 27-29-34 000000-033020
SYNOPSIS: Ordinance D2021-03 proposes the assignment of LDR Low-Density Residential Future Land
Use; Ordinance D2021-04 proposes the assignment of R-1D Single-Family Residential Zoning; of 16.96
acres located south of Mountain Lake Cut Off Road and west of Hwy 27
RECOMMENDATION Staff recommends approval after 1st reading of Ordinances D2021-03 and D2021-04,
following a public hearing. Public Hearing notice requirements have been met. At a regular meeting on
February 23, 2021, the Planning and Zoning Board made a unanimous recommendation of approval to City
Commission for the zoning and land use designations.
BACKGROUND The property owner petitioned for the annexation of these two parcels in December 2020.
The second reading of the annexation ordinance went before City Commission on January 19, 2021 and was
unanimously approved. The applicant has proposed the development of a single-family residence
subdivision. The next step is to assign Future Land Use and Zoning to the property. Recommended Land
Use: LDR Low-Density Residential, finding that it is in keeping with the surrounding land uses and will be
consistent with the Comprehensive Plan. Recommended Zoning: R-1D Single-Family Residential, finding
that it is in keeping with the surrounding area and that it is compatible with the proposed land use
designation. The City Commission assigns Future Land Use and Zoning designations by ordinance upon a
recommendation from the Planning & Zoning Board. The adopted Future Land Use ordinance is transmitted
to the state’s Department of Economic Opportunity (DEO) for review. The DEO reviews the designations as
appropriate with reference to the City’s Comprehensive Plan.
OTHER OPTIONS None.
FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the
property and a potential increase in the property value.
[End Agenda Memo]
15. Ordinance 2021-06 Annexation – 1st Reading And Public Hearing 8.06 Acres East Of Tangelo Street PID:
FISCAL IMPACT Assigning Zoning and Land Use to the property enables the future development of the
property and a potential increase in the property value.
[End Agenda Memo]
15. Ordinance 2021-06 Annexation – 1st Reading And Public Hearing 8.06 Acres East Of Tangelo Street PID:
283007000000011030
[Begin Agenda Memo]
SUBJECT: Ordinance 2021-06 Annexation – 1st Reading and Public Hearing 8.06 acres east of Tangelo
Street PID: 283007000000011030
SYNOPSIS: Ordinance 2021-06 proposes the voluntary annexation of approximately 8.06 acres of land
located east of Tangelo Street, and contiguous to the incorporated City limits.
RECOMMENDATION Staff recommends approval at first reading, and adoption after second reading of
Ordinance 2021-06 following a public hearing. Public Hearing notice requirements have been met. A
recommendation from the Planning and Zoning Board is not required for an annexation ordinance.
BACKGROUND James F. Kahler, Trustee on behalf of the Nancy D Trust, owner, petitioned annexation into
the corporate city limits of Lake Wales on February 8, 2021. “Attachment A” to the ordinance shows the
property’s location. It is contiguous to the City Limits on its western boundary.
OTHER OPTIONS Decline to annex the property.
FISCAL IMPACT The annexation will add to the City’s tax roll. The property is valued at $62,852, which
would bring in approximately $878.30 in additional property taxes.
[End Agenda Memo]
Mark Bennett, Development Services Director, reviewed this item.
16. Agreement - Grant Administration Services
[Begin Agenda Memo]
SYNOPSIS: Approval of 2 grants administration agreements with Andy Easton & Associates for the CDBG-
CV Small Cities grant and the CDBG Housing Rehab grant.
RECOMMENDATION Staff recommends approval of the grants administration agreements from Andy
Easton & Associates for the grants administration service for the CDBG-CV Small Cities grant and the
CDBG Housing Rehab grant.
BACKGROUND In the beginning of February 2020, the City put out a Request for Proposal (RFP) for a grant
administration service for the CDBG-CV Small Cities grant and the CDBG Housing Rehab grant. On
February 19, the evaluation and selection committee reviewed and scored proposals. Andy Easton &
Associate was selected for the Grants administration service for the CDBG-CV Small Cities grant and the
CDBG Housing Rehab grant.
LAKE WALES CONNECTED PLAN ACTION STEPS Action # Description 13 Pursue funding/sponsorships
for Olmsted streetscapes
GRANTS ADMINISTRATION SERVICE, ANDY EASTON & ASSOCIATES Andy Easton & Associates has
over 50 years of planning and grant management experience. In addition, Mr. Easton prepared the CDBG
housing grant application for the City of Lake Wales. The grant funds will be used to target low income
households in the North West Community. As the grant administrator, the firm will ensure that project is
successfully completed in accordance with the CDBG regulations and as directed by City staff. This
includes that the proper CDBG procedures are followed, that adequate documentation is maintained, and
that the outcome specified in the grant application is accomplished.
FISCAL IMPACT CDBG Housing Rehab - $102,000 (To be paid by the CDBG Grant) CDBG-CV Small
housing grant application for the City of Lake Wales. The grant funds will be used to target low income
households in the North West Community. As the grant administrator, the firm will ensure that project is
successfully completed in accordance with the CDBG regulations and as directed by City staff. This
includes that the proper CDBG procedures are followed, that adequate documentation is maintained, and
that the outcome specified in the grant application is accomplished.
FISCAL IMPACT CDBG Housing Rehab - $102,000 (To be paid by the CDBG Grant) CDBG-CV Small
Cities - $50,000 (To be paid by the CDBG Grant)
OTHER OPTIONS Not Applicable
[End Agenda Memo]
James Slaton, City Manager, reviewed this item.
17. CITY COMMISSION AND MAYOR COMMENTS
Commissioner Curtis Gibson said growth is coming and we need to be ready. Mr. Slaton confirmed that
more houses are coming.
James Slaton, City Manager, said staff will be doing due diligence regarding water supply options. A
feasibility study will be brought to the Commission. Mayor Fultz said he agrees with this. We need to have
information before spending millions.
18. ADJOURN
The meeting was adjourned at 5:40 p.m.
____________________
Mayor
ATTEST:
___________________
City Clerk
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