Planning & Zoning Board - Regular Meeting

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up here. [music] Good morning and welcome to the December 16th, 2025 meeting of the City of Lakeland Planning and Zoning Board. This board meets every Tuesday of the month to review proposals for changing the city's comprehensive plan, its future land use map and zoning changes that are consistent with the map and conditional use permits. The board is made up of seven members appointed by the city commission and is assisted by the staff of the community and econom economic development department, the city and the city attorney's office. Staff will advance any presentation slides that should have been provided prior to this meeting. The meetings are divided into two parts. The first is a public hearing where we expect to hear new applicants explain their request and receive comments from affected parties. The second part of the meeting is termed the general meeting and primarily consists of act acting on recommendations from staff about cases that came up in prior month's meeting. We invite everyone who wishes to participate to be heard. We do ask that you be concise in your comments and that speakers avoid being repetitive. That is, if several people have pointed out traffic concerns, there's no need to hear additional comments regarding traffic. Again, we would like to hear anything new that has not been addressed. In order to allow everyone to have an opportunity to speak, there will be a threeinut time limit for each speaker and the clerk of

the court, excuse me, clerk has a timer for that purpose. We respectfully ask that you adhere to this rule. If you plan on speaking, please begin to line up in front of the room once the chair asks for public comments on the case for which you wish would want to provide testimony. Before speaking, please provide your name and address for the record. At this time, we ask that you silence all mobile devices. With that, we'll thank you all for being here, and I'll turn the meeting over to our secretary, Bessie Raina. Item one, compat compatibility review to allow for the construction of an accessory dwelling unit on property located at 804 Lake Hollingsworth Drive. Owner Stefan Todd Bis. applicant Oliviera construction and this is for consideration of final decision. Hello, good morning. Dearistol, um, senior planner, community economic development. Uh, the subject property, as mentioned, is 804 Lake Hauling Worst Drive. The property is zoned um, RA1 within the urban neighborhood and um, preservation conservation um, context district. The um surrounding land uses are all single family residential. Uh and the um Lake Hollingsworth is to the north of the property. Currently, the subject property is um being rebuilt. Uh the original home, as you see on the um aerial here, was demolished back in September. Um [clears throat] and the um applicant is

building a brand new home on the property. Um this is the current um state of the home of the lot. Um it has been cleared and it's getting ready for uh the new build. This is the approximate location of the accessory dwelling unit. It will be towards the rear of the property. Um and on the um southeast corner of the um facing north, you can see the Lake Hollingsworth um in the uh foreground there. Uh this the existing driveway off of Janella Avenue uh that is on the um south end of the uh southwest end of the property. And this is the um site plan of the uh proposed new home. and the ADU which will be located um right here. The [clears throat] proposed home um is going to be um very different uh compared to uh our usual compatibility reviews that you have uh been accustomed to. This home is is in a is on an estate lot and um will uh be approximately a little over um 6,000 uh square foot in um this is the proposed um accessory dwelling unit. Um it will be um compatible in architectural style as you see here. Uh and and um the uh floor plan of the um accessory dwelling unit, the living um area of it

um will be about 551 square ft um which is um right below the um minimum that is required uh that I'm excuse me the maximum that's required of the of the land development code. [clears throat] Um before I go on to the conditions, I'll let the applicant um describe the um proposed accessory dwelling units and uh and Sam for any questions.

Hi, I'm Philip Olivera with Olivea Construction. Let's see my address as well. Yes, please. 25507 Janila Avenue, Lakeland, Florida 33803. Uh we're proposing to build an accessory dwelling unit together with the home that we're uh constructing. Uh the accessory dwelling unit will be architecturally consistent with the home. Uh it is detached um approximately 550 ft. Um and it'll be located just behind the home uh across the pool. And um I I think the mayor said I think he did a great job of presenting what we're looking to do.

Any questions from the board? Um have you had any uh concerns with the neighbors about putting an accessory dwelling unit there?

No, I didn't receive um any um any emails or or um phone calls regarding the accessory dwelling unit. Um I I do want to add that um it it's going to be set back um um from the property line um [clears throat] a good distance uh from the rear and the and the um in the interior sideline. It it's going to be [clears throat] 58 ft from the rear line property line and 27 ft from the interior um lot line. And our minimum requirements for accessory dwelling units are 5 ft. And so um the neighbors they were they were okay with um [clears throat] with that cuz it's it's good distance away from them. And earlier this month, um the applicant that they did apply for and were granted a variance for the height of the ADU to um match the um the pitch to roof of the main home there. So that was approved through a variance and did go through that process.

Okay. Okay. Good. Any other questions? Not bad. Okay. Do we have any comments from the public? Nobody's moving, Phil. Uh, okay.

All right. And these are just the um following conditions for um necessary dwelling unit. Um the development standards in coordinance with RA1 urban neighborhood context subdist zoning standards and subsection 4.3.2 of the city land development code except um as otherwise provided herein. The site development plan. The project shall be developed in substantial accordance with the site development plan including attachment A and architectural plans. The the project shall be designed in subsequential accordance with the floor plans. Attachment B and architectural elevations and attachment C and the certificate of occupancy for the accessory dwelling unit shall not be issued prior to the issuance of CO for the principal dwelling unit. Okay. Are you comfortable with these? Is the applicant comfortable?

Yes, I'm comfortable with those conditions. Okay. All right. We'll take a vote. All in favor? I I opposed. Oh, wait. We um Madam Chair, we need a a motion in a second, please. Oh, you're right. You're right. Okay. I make [laughter] I make a motion that we accept the applicant's uh request. Second. Motion by Miss Sites and seconded by Mr. Dennis. Now we can vote. Now we can vote. All All in favor? I I opposed. Okay, it's passed. Thank you. Thank you.

Item two, minor modification of plan unit development zoning for Orlando Health to amend the comprehensive sign plan on property located at 4,000 Lakeland Highlands Road. owner of Orlando Health applicant Neil Stall and this is for consideration of final decision. Hi, good morning. Audrey McGuire um with Community Economic Development. Um so this is just a minor modification to the Orlando Health um plan unit development. The Orlando Health um hospital is located just south of the Pulk Parkway on Lakeland Highlands Road. So, this is the they previously came through in August for an amendment to their sign plan. Um, that amendment was to add light pole banners and a second ambulance sign. Um, and so this is the current approved signage plan for that development. Um, [snorts] this PUD modification is adding in eight additional monument signs um throughout the development that were omitted from that previous amendment. So these areas that are in bubbles here and here um is where those eight additional monument signs will be added. Um it's about 100 square ft in additional signage. This is the breakdown of the sign types that was provided previously. Um so [clears throat] when we look at sign type BB2 um the previous sign plan approved 11 at 137.5 total square ft and the current um proposed sign plan adds in that additional eight monument signs for 19 total and 237.5 ft. Um the other numbers that you see on here are um

adjusted for the totals square footage of the area. Um, this is also correcting an error that was on the previous sheet. Um, adding in that additional 130 or I'm sorry, that additional 100 ft of sign area and then the difference um, from what was originally approved in the POD. So, they originally had 330 um or 3,309 square feet of sign area. And since that was originally approved, they've removed about 723.89 um square ft. [snorts] And with that, I'll stand for any questions.

Anybody? Okay. Any conditions? anything city has with this? Yeah. So, um it would just be basically removing those two attachments. Oops, excuse me. So, we would be updating the signage plan um and replacing that and then replacing the sign type um data in the land development code. So, no additional conditions. It's just adding that addition those additional eight signs and additional 100 square feet of signage. Okay. and and and really at this point it would just be um does the applicant concur and then um do we have any public comments?

Right. Well, do we have any public comments and the applicant I'm assuming is present? Yes.

Good morning. My name is Neil Stlo. I'm an associate with VHB. We're a planning and engineering firm. My office is located at 501 East Kennedy Boulevard, Sweet 1010, uh Tampa, Florida. U I am the authorized applicant for uh the owner and we appreciate your consideration. These were um originally so uh shown on a previous uh master plan, master sign plan uh these monuments and unfortunately they were omitted from uh the past uh minor mod and therefore the out parcels the track B and D um they are small monuments that will give um direction uh to future tenants in that in those tracks. So we appreciate your consideration and if you have any questions I'd be happy to answer them. Okay. No, no questions. All right. All right. Need a motion to approve.

I would move for approval of this minor modification as shown. Second. All in favor? I opposed. Okay. Motion is passed. Thank you.

Okay. Item three, minor modification of plan unit development zoning to amend conditions of approval pertaining to signage and adopt a new sign plan for a freestanding emergency room on property located at 963 Lakeland Park Center Drive. Owner Orlando Health Applicant Neil Stall and this is for consideration of final decision. Hello, good morning Demar Stall senior planner and community economic development. The subject property um is uh located just [clears throat] north of I4 and east of uh Highway 98. It is currently zone PUB. Um and

can you move the microphone to your mouth?

I'm sorry. It is um currently zoned POD and um the um uh surrounding land uses are um retail and commercial um area. Um [clears throat] uh the as mentioned this is for uh uh to establish a new comprehensive um sign plan for the prop subject property. Uh the uh the [clears throat] new uh freestanding emergency center will be right off of Lakeland Park Center Drive. Uh this photo is just to um show you um the property and it's [clears throat] the southeast corner of Lakeland Park Center Drive and Mall access um entrance there. um with this um um property. Uh the sign that are going to be added for um here are um highlighted in the colored area. They are um going to be a u monument sign, two monument signs and a emergency pylon um sign as well as um couple of directional signs that will be added with it. Um and for the um proposed changes to the plan unit development is uh to um add the um the site plan um to the um PUD [clears throat] the um uh it would be under um section H of ordinance uh 5509. 9. Uh, the signage shall be in accordance with um section

4.9 of land development code except if followers it's except as otherwise provided um in the comprehensive plan including attachments E1, E2, E3, E4 and E5 and as follows for the out parcels of 2, 3 and 4. Signage specific to the development of the freestanding um emergency room shall be in accordance of attachments E6, E7, E8, E9, and E10. And um this uh it will be the index to the attachments that will be um uh also uh um added um and will be E6 through E10. The signage provision specific to the development of the freestanding emergency room on art parcels 2 3 and 4. This will be the um site plan that will be in the um in the ordinance um showing the locations of each of the new signage. So be along the buildings here, the um entryways um these two by the entries uh the other um by this entry over here and here. These are the examples of each of the sign types that will be um on the property. Um the different um uh canopy signs and um building signs examples as well as the monument signs and their examples. And this is the example of the um pylon sign that will and monument sign that will be on the property as well.

And this is just the index of the each of the signs that will be on the property um [clears throat] and their um maximum and total lot are square footage areas. Manager And I'll stand for any questions. Any questions from the board? Okay. Any questions from the public? Comments? [clears throat] Oops. Applicant

again. Neil Stallow for the record. Uh, associate VHP. um 501 East Kennedy Boulevard, sweet 1010 Tampa, Florida applicant uh uh for the owner. Uh we appreciate your consideration for this new comprehensive uh sign plan for uh this freestanding emergency department. There's a lot of activity on these uh properties. Uh and we you know the sign plan helps direct the emergency um emergency uh service providers and and general public coming to the location as well as um uh normal directional traffic. Uh so uh we appreciate your consideration for uh this application. I we'll take any questions that you may have.

Okay. Thank you. All right. Demaris, do we have any other conditions? No, it will it will just be [clears throat] all the attachments that I um listed here that will be added to the um plan unit development ordinance. Okay. And applicants in accordance with these, you're going to accept these? We are aware and we're in consent. Okay. Thank you. All right. Motion to approve. I'll make a motion. Okay. Second. Second. Okay. All in favor? I I opposed. Okay. Motion is passed. Thank you.

Item four, annual update to portions of the capital improvement element of Lakeland comprehensive plan or community 2030, including the 5-year capital improvement program applicant, city of Lakeland.

Good morning, everybody. Uh for the record, Chuck Barmy with Community Economic Development. So each September, the city commission adopts a 10-year budget or a capital improvement plan um that really guides the city's expenditures for that period for all of the city departments ranging from the community redevelopment agency, transportation, the airport, our water uh wastewater utility, storm water utilities. And so um each each year following the adoption of that capital improvement plan, the local governments are required to carry those uh expenditures or those items forward uh into their comprehensive plan through the capital improvement element. And so today uh today's request is to um do just that. The capital improvement plan uh will run from the years 2026 fiscal years 2026 to 2035. Um they already approved uh by the city commission and include a number of infrastructure items. Um you know over over a billion dollars worth of investment in the city. Um and they include items like the um uh just kind of just real quick jumping across from um some of the key projects transportation projects like the upcoming reconstruction of Providence Road. It's about a $13 million investment that includes funding from the city's public works department redevelopment agency and about four million from the department of transportation. major city wastewater projects. You've heard of the western trunk line expansion project. That's about an $80 million uh investment of a new wastewater transmission line along the entire west side of the city. Um also includes other sewer line upgrades uh upsizings uh including uh Kings and Queens Mobile Home Park in the uh Robson Street, Florida Avenue. We also have a number of public safety projects including the construction of uh fire station number eight at the intersection of Sleepy Hill Road and Maul Hill Road. Um and we also have uh other expenditures of ongoing projects like the planning activities for the English Creek uh park project is on the 100 102acre site southside of Pipkin

Road between Hawthorne and Riverstone and Southwest Lakeland. Um so the U included in your packet is a summary table that shows revenues versus expenditures and demonstrates that there is a balanced budget that was approved by the city commission. The individual line items included in the CIP are in your in your packet. Um I would say that most of the the the uh departments saw an increase in expenditures uh between last year and this year with the most substantial being wastewater. Of course there's a a substantial need to upgrade our water utility system because of the age of the infrastructure. And so that's the uh expenditures that you're seeing in there to the tune of an additional 130 million over over what was budgeted in the previous uh cap improvement element. And so if there are no uh public comments, we ask that this uh that the that the board today expedite approval so we can take this on to the city commission in January. Uh this is our normal cycle uh in terms of asking for PNZ approval in December going to the city commission in January. [snorts] This is also it's also important to note that this action does not constitute a formal amendment to the comprehensive plan. uh stat statutoily this is uh a a separate action that would be required and not a comprehensive plan amendment. Um the other thing that I also wanted to note too is is that this document shows as required by law how impact fees are expended for each of the subject areas from transportation to parks and recreation public safety. Um and so um those are all documented within the CIP as well. But with that I'll uh happy to answer any questions that the board members have. Anybody?

Yeah, Chuck, the um storm water situation that we have, is that reflected in here? That is not reflecting the um the the proposed uh storm water fee. This is based on the uh the revenue that was projected at the end of the last uh last fiscal year for the current fiscal year without those with those potential increases. Okay. Thank you. Any other questions? All right. Any public comments? Okay. Motion to approve. I would move for approval.

A second. All in favor? I opposed. Okay. Motion is passed. Thank you. Thank you all very much. Okay, general meeting item five, review minutes of the November meeting. Has everyone had a chance to review the minutes? Yes. Any changes, corrections that need to be made? Okay. Need a motion to approve? Make a motion to approve the minutes from the last meeting. Second. All in favor? I

opposed. Okay, minutes have been approved. Thank you. Item six, major modification to an existing conditional use for Blake Academy uh to expand the boundaries of the school campus and allow for the construction of a new um 15,291 square foot gymnasium with associated off streetet parking on property located at 510 Hartsell Avenue. Owner school board of Pulk County. um Roosevelt [clears throat] uh W. Blake Academy applicant Sarah Chase um next level planning and permitting. Um we do have a note here that this is continued from the September meeting, but there is a request for an additional one month continuence until January the 21st uh 2026 meeting.

Okay. Do we have a vote on that? I don't think so. Um that that would be very helpful. Okay. Just just checking. All right. Do we have a motion to approve the request for an extension? I make a motion that we approve the extension. I'll second that. Okay. All in favor? I opposed.

Okay, it's approved. Thank you. Item seven, smallcale land use amendment to change the future land use designation from community activity center to public buildings grounds uh institution on approximately 2.63 acres. A change of zoning on approximately 2.63 acres from um community center commercial to plan unit development and a change of zoning on approximately 1.02 02 acres from limited impact office to planned unit development to allow a transient lodging and social services facility with the health clinic as an accessorary l use on property located at 10:05 East Memorial Boulevard owner CFTB Reality LLC and Sage LD1 um applicant Timothy F Champell Clark Campbell Lancaster Workman and Aith Good morning. Audrey Magcguire, um, community and economic development. So, this subject property is generally located at the, um, north or the southeast corner, excuse me, of Memorial Boulevard and Ingram Avenue. It is comprised of 3.65 acres in total. Um, and so the western most um, portion of the property, which is about 2.63 63 acres in size. Currently has C4 um community center commercial zoning and PI public um grounds buildings and institutional land use or excuse me um and CAC it has community activity center um land use on it, excuse me. Um the 1.02 02 acre parcel to the east. Um this is a portion of the the larger former um

Florida district or Florida Department of Citrus building site. Um this currently has PI land use and O2 or um limited impact office zoning. Um and so the purpose of this request would be to change from C4 and CAC um community activity center land use um to public institutional land use on the 2.63 acre portion of the property and reszone the entire um 3.65 acres to PUB. So, the parcel on the west is the site of the former second district court of appeals property. And prior to 2022, um it did have PI land use as well as O2 zoning. In 2022, um there was a small scale land use amendment to change that from PI to CAC. Um as well as from O2 to C4 to market the property for commercial. Um so the proposed request would be a return to the former PI um land use um and then reszoning that entire property to PUD to allow for a transient lodging and social services facility on the site.

[snorts]

So adjacent land uses in the area. Um to the south you have PI land uses with the site of um the US Army Reserve Center, the city of Lakeland Purchasing and Stores Yard as well as that larger parcel um directly to the east. The applicants are requesting a small-scale land use amendment and reszoning to allow for the development of a 72,000 ft² transient lodging and social services facility on the site. So this is the northeast boundary of the property facing the east facing north looking back across the subject property from that northeast boundary back towards the former DCA um district court of appeals property. This is at the corner of um Memorial [clears throat] Boulevard and Ingram Avenue looking back into the subject property facing east. Looking back towards Town Center [snorts] on the [clears throat] left and down Memorial Boulevard and then looking again from that same corner to the south back towards the US Army Reserve Center.

[snorts]

So, the proposed 72,000 ft² facility will have adequate space for the emergency shelter and its residential programs. It'll have segregated areas for both male and female guests and residents. A free health clinic um that will be available to both guests and residents. Guests will have access to the health clinic from inside the building. Um access to the health clinic to the public will be limited from the exterior of the site. [snorts] There's also a donation center on the east side of the property, a storage yard um as as well as um a loading dock area where they will receive supplies. And then over 20,000 square ft of outdoor open space um both covered and uncovered which will provide guests and residents ample space for um gathering and activities. Um access to the emergency shelter will be limited to this far um southwest corner of the building. Um that will be where that primary entrance is. These are the proposed conditions or I'm sorry the proposed elevations [snorts] and just going back a little bit um looking at the overall site. So, Memorial both Memorial Boulevard and Ingram Avenue are transit oriented corridors or TOC's. Um, and so the policies of land develop of the comprehensive plan um for TOC's encourage a mix of non-residential, medium to high density residential and both public and institutional land uses.

Um so in July um to [clears throat] address decline in the Memorial Boulevard corridor, the city commission did adopt the Memorial Boulevard economic development strategy. This is a strategic plan for revitalization of a 6.1 mile stretch of this corridor and is intended to guide future policies, programs, and capital projects aimed at addressing social and economic challenges. So during our previous public hearing, we heard a lot of comment um about from the public and concerns that the um that this proposed location was not consistent with the um economic [clears throat] development strategy and the proposed use would be a hindrance to revitalization efforts. [snorts] So the Memorial Boulevard economic development strategy does not explicitly state that his transient lodging and social services facility is needed in the corridor. It does acknowledge and detail the benefits of such uses when coupled with job training and maintenance programs. So it would be consistent um with that plan in this general area. Um and so that plan is entited to guide our future um policies and regulations. Um that that plan is not a regulatory document in itself. So the proposed um change from [clears throat] community activity center CAC land use to PI public institutional it is consistent with the surrounding land uses to the south. Um it is also consistent with other uh several other other goals, objectives and policies um in the land development co code including um those in the both the housing and future land use elements. [snorts] So, additional concerns we heard from the public at the previous meeting um as [clears throat] well as um following the meeting was the proximity of the

proposed use to adjacent schools um in the area. So, the proposed um location following a legal pedestrian route would be approximately 1,800 feet from the um Lakeland Montasauri School on North Lake Parker Avenue, which would be further to the north. It would be approximately 6,600 ft away from the primary entrance and outdoor recreation facility for Lakes Church Academy. and [snorts] it is over 1,100 ft away from Skateworld, which is um a commercial recreation use. [snorts] In comparison, um the existing complex on North Kentucky Avenue is about 1,200 ft um away from the closest school. We've also received several comments um regarding the proposed facility um and its proximity to existing residential uses. A majority of those um neighborhood related concerns centered around issues related to crime and trespassing in the area. Um the closest single resident single family residence um is located on the north on North Lake Parker Drive is more than 800 feet northeast of the subject property. Um, in comparison, the closest um, single family home to the current facility is 200 um, ft. [snorts] Additional concerns we heard from the public at the previous meeting were related to pedestrian and bicycle safety, potential negative impacts um, to [clears throat] property values um, and the potential to exasper um, to make existing issues in the area worse. Um, and so I the um conditions you'll see do address um some of these issues um as we go through. But before I get to the conditions, I will pause and allow the

applicant to come up um and and state there. [snorts] Good morning, Madam Chairman, board members. For purposes of your record, my name is Tim Campbell, the law firm of Clark Campbell, Lancaster Workman and Earth, 500 South Florida Avenue. Uh, and I'm here today representing the property owner CFTB Realy LLC. Uh, there are many people here in support with CFTB and the Talbot House and um, and I'm going to probably address you more than I usually do given some of the comments that have been provided from the public and frankly some comments from the DAS. So, if you'll just uh and I won't be repeating things as best I can, but I do want the opportunity to address you. First off, and I've never done this, but I want to note for the record that I am board certified in city, county, and local government law. Uh, in the state of Florida, an attorney is only allowed to call themselves an expert if they are board certified. So, I am an expert in local government law, which includes land use and zoning. First, I want to address um and I am going to submit to Alex at the end some documents that I'd like placed in the record. But first, I want to address um this the just the standard review just to kind of go over that with you and appropriate considerations and and most of you know this and I apologize, but it's it's necessary. This is an important case and an important applications and I want to make sure that I've I've done my part. So, first of all, reminder that this board, you know, voluntary board, but you're required to consider applications in accordance with the city's adopted governing documents. And in this case, that's the land development code and the city of Lakeland comprehensive plan. And when you do these things, and you've

heard it before, um you have to base your decisions on appropriate evidence. U called in the law something that's sounds, you know, worse than that, is competent, substantial evidence. And it's just the appropriate evidence. It's fact-based. It's not opinions. It's not it's not other things. It's fact-based, appropriate, competent, substantial evidence is is what the case law calls it. And that evidence must relate to the criteria and factors that are set forth in the comprehensive plan in the lake land development code against which you should consider and analyze and weigh every application that comes before you. your community and economic development department staff also experts and and as planners and transportation experts. Um they go through and do an analysis like they do in every case of the applications and in this case they found the applications to be in compliance and conformance with the comprehensive plan and the land development code. And [snorts] you've heard Miss Magcguire explain to you some of the the um regarding the comparative proximity of the existing site

[clears throat]

uh and the proposed site to schools and to housing. That that testimony was was not factually accurate that this site is actually um farther away from housing and schools than where it exists now. and very importantly the recommended approval of the applications as consistent with the provisions of the comprehensive plan and land development code. Also of some concern is as a board you hear the applications before you and there's been a lot of talk and a lot of volunteers for what what other site out there in the city of Lakeland that some people prefer or think better or want it away from them. That's not an appropriate consideration. you you have an application before you. Your staff has reviewed this application as to this site and the appropriateness of the proposed use on this property. And that's what you have before you to consider. And I and I shared before after hearing this in the initial application, um we have we've done that analysis ourselves and we we wouldn't be here for this site if this were not the most appropriate site for the proposed use. So that's just kind of a standard of review appropriate considerations discussion. Um I also and it was I people voluntarily contacted me but I do want to also point out um fair housing act the federal fair housing act and the American with disabilities act the ADA. uh and just point out it is discrimin discriminatory under the Fair Housing Act for a local government to deny a land use approval based upon the use of the property for services which assist the homeless and disabled. And so we have to be mindful of that. We the city um have to be mindful of that as you go through that. It prohibits discrimination. Um, and one of the ways that it enforces the Fair Housing Act is by ensuring that

land use and zoning regulations are not employed to hinder residential choices of of the disabled and those protected under the ADA. Uh, the the Fair Housing Act prohibits local governments and other regulatory bodies from making land use or zoning decisions or policies that exclude or discriminate against individuals with disabilities. And real quickly, I'll just there there are two examples and those will be in the folder I'll submit. One is United States versus City of New Orleans, in which case a nonprofit affordable housing developer sought to redevelop a nursing home into permanent supportive housing for homeless persons with mental and physical disabilities. And uh that that was struck down and the city settled and had and approved the variances and the permits and everything else that were AC were required to allow that in recognition of those requirements under federal law right here in Pulk County. And it was Pulk County, it wasn't the city. Um, and it it was some time back that the county had to agree with the Department of Justice in an enforcement of the Fair Housing Act where they denied a request um to operate a a faith-based traditional residency program for homeless men with disabilities. And they did so they were moving along positively until the county kind of reversed its position after community opposition. And so in that case, in addition to monetary damages, the court prohibited the county from further discrimination and required um the county to um approve the request. And the quote was equal access to housing is a basic necessity and a civil right, and the Fair Housing Act guarantees that all individuals can access the right uh free from de discrimination. So, I only say those things because they're relevant in this discussion and

and it's important to us to have all of these things at hand when we make the decisions. So, thank you for that. A couple comments on the staff report. Miss Magcguire did an excellent job. So, I'm I just wanted to point out some of the excellent points in the report. I'm not going to kind of regurgitate them because she did a good job. the transit oriented corridors that this is at the location of two those do encourage more intense development because you have multimodal transportation facilities available. They're more major transportation corridors. You heard her say that um public public uh institution um public and institutional uses are a part of the recommended and encouraged mix of uses at these transit corridor um transit oriented corridors. Um, you heard about and we've talked about it before the Memorial Boulevard economic development study and that is very important and it is very important for the revitalization of Memorial Boulevard. But even the study recognizes having a social services facility within the mix of uses as part of the Memorial Boulevard revitalization encourages and insists and and increases the chances for uh success of a revitalization of the entire corridor. So, the exact use that we're proposing is recognized in that plan. And there there's and I've submitted them before uh and I'm going to submit that plan with the folder, but it talks about all the benefits of having a social services facility in the mix of uses on the boulevard as part of the revitalization. I already talked about that it addressed and found the existing site is um is closer to schools and to homes than what the proposed site is contrary to some of the testimony that you've heard

before and I promised I'd be brief. So very importantly in the staff report they recommended approval to you. They are the professional planning staff. Uh they trust me they don't give us an easy time. They analyze your codes very much. They consider all the things you consider. They certainly consider um public testimony and the public involvement and they are very mindful and we have discussions of how to address that. You know, this process has worked very well if you think about it because when we first came, we were on a different site and it was oriented different and it was designed differently. And this applicant spent a lot of money to totally move the site, redesign the building to minimize external impacts to orient directly to a a bus stop. your staff is requiring that we do some improvements for a midblock crossing for that uh stop on a much less busy Ingram Avenue than Memorial Boulevard. And so the process has worked to to end up with a better product um quite frankly for the user and for the city and for the public. [clears throat] So, in closing, because the applications are consistent and in compliance with the comprehensive plan in the land development code, um there's significant substantial competent evidence that supports the applications, um including the um the improved architectural design of the building to minimize external impacts for the use um the staff recommendation of the approvals um and some of the things that I've talked about today. We very respectfully request um your approval of our applications and we very much appreciate your your attention and all that you do. Thank you.

Any comments, questions? Uh yeah, I have a question from staff. Um, at the November meeting, I do believe the lady who owns Skateworld handed you a packet of um, petitions that were signed. I didn't see any mention of that in the summary here. How many of those did you receive and how many were in opposed? Um, I don't know the exact number. Um, and and I apologize if I admitted those. Those are saved in the record um under the complete um petition but there were or under the complete application but there were probably there were several sheets several sheets of signatures

yes okay so what 50 75 potentially yes okay or more again I don't remember that exact number I apologize I don't have that in the in the information and also I I was somewhat surprised surprised when I saw that now it's and I didn't I mean maybe I this was said and I missed it but the down on the zoning and planning board it says that emergency shelter and residential lodging for a maximum of 390 beds correct okay has that been all along it was 390 beds and I just

the the previous um proposed site um on the the property to the east that came in. That was a smaller facility at about 65,000 ft². So, this facility at this location is larger and would accommodate additional space. How many beds do they have at the current facility? Please come to the microphone.

150 beds. And and I'll say because it was a discussion before and it's not relevant because with the approval they could do it with the emergency housing, you know, they could do all that. We've not stressed it, but part of their, you know, they've gone through they they've listened and they're trying to provide the best service to the community they can. So, they're actually modifying their program to they're going to still have emergency housing because they do work with the Lakeland Police Department and Lakeland Regional and they pro they are there to provide help, but transitioning their programming to be a residential program where they the people are residents. the the their residents and they have the training, the job training, the the health services um to to get them back out into the community as opposed to as much of the overnight emergency type of services that that also creates more impact. So that that's just a side note, but 150 beds is what they have now. And is this facility [clears throat] intended to replace only the facility that's on North Kentucky? I I'm looking in public records and I see two more buildings a block or two away on Vermont.

I didn't know if that was I'm going to ask because I know the staff report says that it doesn't change the housing buildings that are on Kentucky. It's the social services facility and so those those will continue to exist. And give me one second.

Correct. So there is a group home that was approved through conditional use um several years ago. I believe it's in 2008. Um that conditional use will remain on site. Um there is some language in the conditions regarding termination um of existing uses. There's also um transient apartment housing that is on the property um that is permitted by right in the 01 in the current 01 zoning um on that property on Kentucky Avenue. Um so that is not um projected to relocate at this time. So both the existing group home and the apartment housing that is on Kentucky Avenue are um intended to remain there at this time. Okay. Okay. Any other [cough and clears throat]

I do have a question. Uh so I see that here they mentioned that the property is 1600 ft away from the primary entrance of the Lakes Church Academy. Does the Lake Church Academy has more than one entrance? They they do. How close is the closest?

[clears throat]

This gentleman's with the Lakes Church and and said there is a closer entrance, but he doesn't know the distance. He we he'd have to pull up a map. So, there are multiple entrances [snorts] and and when we when I address that, it's because of some statements before that this facility was closer to those things. overall it's it's that's not you know that it is a consideration for the obviously and impactful to those who live in whichever area. Um but they are closer now than they will be and um is not determinative of the appropriateness of the use. But to answer your question, yes, I'm told there is a closer entrance than the one they've um referenced because there are multiple entrances. I'll also note for the record, our land development code doesn't require a separation between social services uses and um residential uses or schools. So there's not a required distance that we measure from. [snorts] Okay. Any other questions, comments? Okay. You want to go over the conditions?

Yes, thank you. Um, so per um condition A, permitted uses a transient lodging and social services facility not to exceed 72,000 ft in area including a 6,500 ft² health clinic as an accessory use and other support uses and services as follows. One, an emergency shelter and residential lodging. Maximum 390 total beds. This would be comp comprised of men and women's guests and residents 250 beds and 30 um ADA accessible beds. B medical medical guests 30 beds. C emergency overflow costs weather related 80 beds. Um this does address um I believe a comment at one of the previous public hearings about concern related to um weather events such as hurricanes. Um, two, Employment Solution Center, 3,500 square feet. Uh, three, donation center, 25,500 square ft. Four, other accessory, administrative, and storage uses. And then the allocation of beds and square footage of the above uses may fluctuate provided that the overall number of beds does not exceed 390 and the total square footage does not exceed 72,000 square ft. B. Development regulations in accordance with the C4 urban corridor subdistrict regulations except where otherwise provided herein. Minimum front setback 13 ft, minimum street side setback 12 ft, minimum rear setback 10 ft, and maximum building height two stories. C. Site development plan. The project shall be developed in substantial accordance with the site development plan included as attachment D. With the approval of the director of community and economic development, minor changes may be made at the time of site plan review without requiring a modification to the PUB zoning. D. Architectural design. The project shall be designed in substantial accordance with the

architectural elevations included as attachment E. With the approval of the director of community and economic development, minor changes may be made at the time of building permit review without requiring a modification to the PUD zoning. E. Landscape buffering in [snorts] accordance with section 4.5 of the land development code except as follows to ensure visibility and safety throughout the project site. Crime prevention through environmental design uh CPTED principles shall be incorporated as part of the design and maintenance of landscaping to foster a safe environment and discourage individuals from public camping, sleeping or loitering in areas not designated on the site development plan for use by clients as open space. The specific plant materials used shall be subject to review and approval by the parks, recreation, cultural arts department at the site at the time of site plan review. F. Loading and unloading areas and storage. Loading and unloading areas designated as loading dock and service yard on the site development plan. Attachment D shall be screened from view of the parking area by a 6 foot high view blockage fence or wall compatible with the architecture of the principal building. Unloading and donation of donations shall occur only within the area designated as donations drop off canopy on the site development plan attachment D. Receipt of donations shall occur from inside the building and donations shall not be staged, stored or otherwise left attended unattended under the drop off canopy or outside the building. The use of external and freestanding collection bins for donations shall be prohibited. All storage activities associated with the facility shall occur inside a building except for the outdoor storage located in the service yard behind the view blockage fence or wall. All other outdoor storage is prohibited. H a binding or transportation, excuse me. A binding concurrency determination

shall be made at the time of site plan approval. A minor traffic study or safety analysis shall be submitted in compliance with section 10.3 of the city land development code with a special emphasis on bicycle and pedestrian access and safety prior to certificate of occupancy issuance. [snorts] The applicant shall convey any rights away or easements to the city and FDOT that are necessary to fully accommodate sidewalks along Ingram Avenue and US92 Memorial Boulevard frontages that may exist on the subject property. ADA compliant pedestrian route shall be provided throughout the development connecting on-site amenities, mail kiosks, parking lots, and adjacent public sidewalk systems. Prior to the CO issuance, the applicant shall coordinate with the Lakeland Area Mass Transit District Citrus Connection to design and construct a midblock crossing across Ingram Avenue to the existing transit shelter subject to final approval and permitting by the city public works department. In addition to providing bicycle parking in compliance with subsection 4.11.6 six of the land development code and index 900 of the city engineering standards manual. Bicycle parking for guests and residents shall be provided within various designated bicycle areas to enhance security. A total of at least 75 bicycle parking spaces shall be provided within the designated bicycle parking areas. Wave style racks will be permitted within the fenced area of the corral only. and seven, the site development shall comply with all FDOT permitting requirements. I, termination of existing conditional uses. The existing transient lodging and social services facility located at 814 North Kentucky Avenue shall terminate following the completion of the new facility on the subject property. Upon the issuance of a certificate of occupancy, community and economic

development department staff shall initiate the repeal of ordinance 3677 by the city commission. This condition does not apply to the existing Troxel transitional apartment housing or level two group home approved through a conditional use permit in 2004 ordinance 45507 as amended which may continue to be used by Tabet House Ministries for long-term housing of clients until the property is sold or redeveloped for another principal use. NJ security certified facility personnel shall provide 24-hour site monitoring to maintain a safe and secure environment. The entrance at the southwest corner of the building shall be limited to clients of the emergency emergency shelter, residential program, and day services. Public access to the health clinic, employment solution center, and donation center shall be from the north and east sides of the building only. And with that, stand for any questions. Any questions? Okay. Are we ready for a motion?

And probably the first step would be to make sure that the client or the applicants You're right. [laughter] I'll get there. I'm asleep today. Thank you. On behalf of the applicant, we are accepting of the conditions that have been that have just been outlined.

All right. Thank you. And and just just kind of a reminder of kind of the process uh going forward, the board has really three three options. Um approve the conditions as presented by by staff, approve uh conditions that are that are modified based on the discussion amongst the board members or uh three a motion to deny um would also uh be the third action that would be uh allowed here. So there's really three actions that the board um need to take today. Uh two options. Uh but we certainly uh would stand to uh answer any questions uh based on the staff's review of the uh of the application and the data and input that's been received at this point.

Okay. Any comments, questions, board members, any issues with the conditions? Okay, let's let's start. Do we have a motion to approve? I'll make a motion to approve with conditions as presented. Second. We do not have a second. A little more discussion on conditions. Are there any conditions that would help anybody? Remember, seconding the motion to approve doesn't mean you're voting for it.

It would just open up the discussion amongst the board members, right? I will second to get this on the floor. Okay. All in favor? I. Okay. Opposed? I All right. Well, we're going to need a roll call on that sites. No. Miss Raina, I no. No. And I voted no. Okay.

Okay. So, that motion failed. Now, if we're going to be if at this point of the [clears throat] three options that we were talking about, do we have a a we're going to need either a motion to amend the conditions or a motion to deny the application as? All in favor of this motion? I I I opposed. I Okay, motion has passed. And And if we could have a a roll call vote uh again, just to make sure, Miss Sites, no. Or wait, wait, I want yes. [laughter]

Yes. Yes. Okay. I'm a no. Yes. Yes. Yes. So the the motion to deny is approved 4 to one with miss uh with with Miss Raina being the uh dissenting vote. Yes, we need an explanation for the denial based on the comp development time. Yes, we going to need an explanation as to the basis for which the motion in terms of what competent substantial evidence was considered based off of the comprehensive plan and the land development code as to the denial of the motion.

We may all be in different places, but I'll state my reasoning behind this. Um, and I appreciate Mr. Campbell providing some of the guidelines that we have to look at and appreciate the applicant with the work that they did. We as a volunteer board I think also have a obligation to look at things beyond just the guidelines and take a look at what the impact to existing surrounding areas may be. I personally just have a difficult time approving this because I do think that there are some impacts that will affect the churches, the schools or other areas or surroundings. So it's placing this in an area that it didn't exist and we have done the same thing and again I know Mr. Campbell talked about ADA accessibility and other things, but we have also disapproved hotels and other things because we did not feel like they were the best option to go into the surrounding area that they were going. So that's kind of where I am coming from. I'd also say too, and it's pretty very similar to my thoughts, we've had overwhelming [clears throat] opposition to this project from the residents. And I feel that as a volunteer citizen board, we have an obligation to the citizens to look at their side of things, too.

Make sure you speak into the microphone, please. Excuse me. You don't need to speak to me. Just speak to the microphone.

Okay. Um, these folks that have signed the petitions, made the phone calls, emailed, came here on two separate occasions, and voiced their concerns. They have their money invested in their businesses, in their homes, in their schools. They do not want a transient facility in their neighborhood. I understand their complaints and I think we owe it to them to take their concerns in as great of [snorts] cons having as much carrying as much weight as having a facility for transient homeless people. These people have their sweat equity in these businesses. They have joined with the restore the core. They have done all of the things that have been asked of them to improve this situation and they don't see this as an improvement and I truly don't see it as an improvement for the area either.

Okay, go ahead.

Yeah, my thoughts are exactly the same. Uh I don't think the community was in agreement with this um request and I think we need to look for the community. Uh also my major issue was with the location uh based on the how close they were to the schools because they're right next the one of the schools is just north of this location. Um I don't know they mentioned that in the current location there's some also some schools closer to it but looking at the map I can see multiple properties in between those two. There's more separation I think than from the proposed area.

I'm probably going to be more in accordance with Mr. Dennis and Miss Sites. We are asked not only to follow the comprehensive land use code, but we're also asked to listen to the public. And I just feel like in this instance, we're moving, what's become an issue in one location of the city a mile or two away to another area of the city. And I don't think that's the right thing to do. The problem needs to be addressed headon. I agree. I just don't think this is the right location. All right. Well, what I will do is I'll look to Mr. Mr. Lambback. Are there any other actions the board need to take in terms of uh the votes been taken explanation for the denial?

Not at this point. Mr. Campbell, you'd have 30 days to file and submit an appeal pursuant to the land development code. All right. And of course for for purposes of that appeal verbatim transcript of you know the proceedings and all that if you need it. All right. All right. Well, thank you all very much. Thank you. Item eight, report of city commission action on planning and zoning board recommendations along with planning and transportation managers report. All right. Thank you.

Well, I will uh like to welcome Dr. Julian um uh Rios to the to our uh uh to our board. Uh he uh this is his first meeting and so thank you very much for um your your interest and and participation in in the growth of our city and so thank you all very you know thank you very much. Thank you.

Um we also want to introduce our new senior planner, Jonathan Sims. He comes to us by way of PK County. Uh and so you'll be seeing a lot more of him uh going forward as well. So, welcome Jonathan or JP. Um, the um U city commission yesterday uh it was obviously a very busy packed agenda. So, the the commission approved the Wedgwood land use and zoning actions uh by a vote in each case of 5 to one. Um unanimously approved the land development code uh revisions and and thank you very much Audrey for all of your work on uh getting those uh not only prepared uh but also to the finish line uh yesterday. um the um uh solid waste transfer station uh as well as the duplex on Plum Street were also approved. Um and and so it was definitely a very packed agenda. Looking forward to um January. I think right now uh the only things that we're really looking at are the continuation of the Blank Academy case and hopefully action on that uh on that item as well as a potential annexation associated land use and zoning actions for an apartment community on Plateau Avenue. Um just uh kind of this side of of Wabash Avenue uh in unincorporated P County. Um January will also be a um uh a workshop um between staff and the city attorney's office on just uh planning and zoning board procedures, policies, uh just a a an orientation that we have not had in a very long time. It's been several years. And so, uh, because of the lighter than normal agenda in January, you want to take the opportunity to kick off 2026, um, kind of with that with that discussion and and and, uh, presentation

that'll be in the, um, conference room next door. Yes. Yeah. Less formal. Okay. Um, and then with that, um, you know, thank you all again very much for all of your service in a very busy 2025. uh we look forward to 2026 and what uh what is what is on the horizon. Okay. Okay. Got a motion to adjurnn. Make a motion we adjourn. Second. Second. All [laughter] in favor? I. Okay. We're we're adjourned. Thank you very much everybody. Merry Christmas. Take care.