POLK CITY  City Commission Workshop (6:30 pm) City Commission Meeting (7pm) Polk City Government Center 123 Broadway Blvd., SE  February 20, 2024  CALL TO ORDER - Mayor Joe LaCascia  INVOCATION - Pastor Walter Lawlor, New Life Community Church  PLEDGE OF ALLEGIANCE - Mayor Joe LaCascia ROLL CALL - Assistant City Manager Sheandolen Dunn  ESTABLISHMENT OF A QUORUM APPROVE CONSENT AGENDA PRESENTATIONS AND RECOGNITIONS  OPPORTUNITY FOR PUBLIC COMMENT - ITEMS NOT ON AGENDA (limit  comments to 3 minutes)  AGENDA  1. PUBLIC HEARING - Ordinance 2024-01: Future Land Use Map Amendment in the Green Swamp Area of Critical State Concern: A applicant-initiated Future Land Use Map Amendment in the Green Swamp Area of Critical State Concern "X" to change the Future Land Use from Convenience Center-X (CCX) to Residential Suburban-X (RSX) on approximately 1.44 acres in Polk City, located at 9600SR33 2. PUBLIC HEARING - Ordinance 2024-02: Rezoning in the Green Swamp Area of Critical State Concern: An applicant-intiated rezoning in the Green Swamp Area of Critical State Concern "X" to change the zoning from Convenience Center-X (CCX) to Residential Suburban-X (RSX) on approximately 1.44 acres in Polk City, located at 9600 SR 33 (Parcel number 252835.0000.04210, First Reading 3. PUBLIC HEARING - ORDINANCE 2024-03: APPLICANTANITATED OFFICIAL ZONING MAP AMENDMENT: A request by Boyd D Stephens and Laura J Stephens Revocable Trusts to amend the official zoning map designation for property from Single Family Residential (R-1) to Planned Unit Development (PUD) on approximately 15.45 acres in Polk City, located on the east side of Berkley Road north of Lakeview Drive and south of Crape Myrtle Lane (Parcel numbers 252832.0000.022020 and 252632-000000-  (Parcel number 252631.000.0A4210, First Reading  022030). First Reading 4. Kipe Academy  5. Petrotech Southeast, Inc. Annual Services Agreement    CITY MANAGER ITEMS CITY ATTORNEY ITEMS COMMISSIONER ITEMS Commissioner Nichols Commissioner Blethen Mayor LaCascia ANNOUNCEMENTS ADJOURNMENT  Please note: Pursuanttos Section 286,0105, Florida Statules,' Ifap person decidesl loa appeala any decisionin made byt the Chy Commissionn with respecttoa any matterc consideredd with theA duringt this with meeting. heorshev willr need (863)9 984-1375, Polk Ciym may lake actiono ona any during this meeting. including? items thala arer nots setf forthy withint thisa agenda. Minutes ofthe Cilys Commission ther meetings ora mayb bec obtained havea ac court Cay Clerk's office. Them minutesa are recarded, buta aren notl transcribedy verbatim. Persons requiringav verbatim transcript maya arrangey witht the Cily Clerkt to duplicale recordings, arrange toh  toensuret thatav verbatimm recordo ofthep proceedingsis sr made, whichn recordi includest thetestimony: ande with disabililiesr needing anys speciala accommodalions to participate inc city meetingss should contact! Ihe Office of! the Cityo Clerk. Polk Cty Govemment present atthen meeting. Thec costo ofduplicationa and/orc courtr reporterv willbe atthe expenseo oflhen requesting party.  which the appeal istobeb based. Inaccordancev Center, 123 Americanw DisabiltiesA 33868, Act, aperson  Broadway, Polk City, Florida fromt Telephone thec  reporter    CONSENT AGENDA February 20, 2024  MAY ALL BE APPROVED BY ONE VOTE OF COMMISSION TO ACCEPT CONSENT AGENDA. Commission Members may remove a specific item below for discussion and add it tot the Regular Agenda under New or Unfinished Business, whichever category best applies to  the subject. A. CITYCLERK  1. January 16, 2024- - City Commission Workshop 2. January 16, 2024 - Regular City Commission Meeting  B.  REPORTS  1. Building Permits Report - January 2024 2. Code Enforcement Report - January 2024 3. Financial Report - January 2024 4. Library Report - January 2024 5. Polk Sheriff's Report - January 2024 6. Public Works/Utilities Report - January 2024 7. Utility Billing Report t-January 2024  C. OTHER    City Commission Meeting February 20, 2024  CONSENT AGENDA ITEM:  Accept minutes for:  1. January 16, 2024 - City Commission Workshop 2. January 16, 2024 - Regular City Commission Meeting  INFORMATION ONLY X ACTION REQUESTED  ISSUE: Minutes attached for review and approval  ATTACHMENTS:  1. January 16, 2024- City Commission Workshop 2. January 16, 2024 - Regular City Commission Meeting  ANALYSIS: N/A  STAFF RECOMMENDATION: Approval of Minutes    CITY COMMISSION WORKSHOP MINUTES  January 16, 2024  Mayor LaCascia called the meeting to order at 6:30 pm.  Those present recited the Pledge of Allegiance led by Mayor LaCascia. ROLL CALL - Assistant City Manager Sheandolen Dunn  Present: Absent:  Mayor Joe LaCascia, Commissioner Micheal T. Blethen, Commissioner  Charles Nichols and City Attorney Thomas Cloud  City Manager Patricia Jackson  ORDER OF BUSINESS KIPE ACADEMY This item was tabled until February. Resolution 2024-01  Mayor LaCascia discussed a Resolution of the City Commission of Polk City, Florida, declaring certain personal property as surplus; providing for authorization for the public sale, subsequent donation or disposal of said personal property; providing for the prior advertisement of said sale; providing for all revenue to be placed in the General Fund; Per the Code of Ordinances, Staff is requesting for several items be declared as surplus  and providing an effective date.  and disposed as dictated (sold, donated or disposal).  The list of items is attached as "Exhibit A" to Resolution 2024-01.  During the Regular Meeting, Staff will request adoption of Resolution 2024-01.  No Discussion or comments.  Cardinal Hill Effluent Pump and Motor Repair  Mayor LaCascia briefly discussed over the last several years, the Effluent pump at Cardinal Hill has had some very serious performance issues. Cardinal Hill WWTP has always had two running pumps, unless one was being repaired. The pump, nor the Currently, Cardinal Hill WWTP is running on one Effluent pump and one motor. However, ift for any reason the pump and/or motor wereto stop running, this would create During the Regular Meeting, Staff will recommend Barney's Pumps, Inc. to repair the  motor has been replaced in at least eight (8) years.  a major overflow issue onto the ground.  Deming VTP Effluent pump and motor ini the amount of $32,583.00.    Mayor LaCascia reiterated that this is something that must be done now.  No additional discussion or comments. CITY ATTORNEY ITEMS - None CITY MANAGER ITEMS None COMMISSIONER ITEMS Commissioner Blethen = None Commissioner Knouff- - None Mayor LaCascia - None ANNOUNCEMENIS - None ADJOURNMENT - 6:35 pm  Patricia Jackson, City Manager  Joe LaCascia, Mayor  2    CITY COMMISSION MINUTES January 16, 2024  Mayor LaCascia called the meeting to order at 7:00 pm,  Pastor Walter Lawlor,New Life Community Church gave the invocation.. Those present recited the Pledge of Allegiance led by Mayor LaCascia. ROLL CALL - Assistant City Manager Sheandolen Dunn  Present: Mayor Joe LaCascia, Commissioner Micheal T. Blethen, Commissioner  Charles Nichols and City Attorney Thomas Cloud  Absent:  City Manager Patricia Jackson  APPROVE CONSENT AGENDA  Motion by Commissioner Nichols to approve the December 21, 2023 (Regular City Commission Meeting and Workshop) and the reports and other items on the Consent  Agenda; this motion was seconded by Commissioner Blethen.  Motion carried 3/0 by' Voice Vote.  PRESENTATIONS/PROCLAMATIONS - None  PUBLIC COMMENTS None ORDER OF BUSINESS KIPE ACADEMY This item was tabled until February. Resolution 2024-01  A Resolution of the City Commission of Polk City, Florida, declaring certain personal property as surplus; providing for authorization for the public sale, subsequent donation or disposal of said personal property; providing for the prior advertisement of said sale; providing for all revenue to be placed in the General Fund; and providing an effective Per the Code of Ordinances, Staff is requesting for several items be declared as surplus  date.  and disposed as dictated (sold, donated or disposal).  The list of Items is attached as "Exhibit A" to Resolution 2024-01.  Staff requested adoption of Resolution 2024-01    Motion by Mayor LaCascia to adopt Resolution 2024-01 for surplus; this motion was  seconded by Commissioner Blethen. Motion carried by' Voice Vote 3/0.  Cardinal Hill Effluent Pump and Motor Repair  Mayor LaCascia briefly discussed over the last several years, the Effluent pump at Cardinal Hill has had some very serious performance issues. Cardinal Hill WWTP has always had two running pumps, unless one was being repaired. The pump, nor the Currently, Cardinal Hill WWTP is running on one Effluent pump and one motor. However, if for any reason the pump andlor motor were to stop running, this would create Staff recommended Barney's Pumps, Inc. to repair the Deming VTP Effluent pump and Motion by Commissioner Blethen to approve Barney's Pumps to repair the Cardinal Hill Effluent Pump and Motor in the amount of $32,583.00; this motion was seconded by  motor has been replaced in at least eight (8) years.  amajor overflow issue onto the ground. motor in the amount of $32,583.00.  Commissioner Nichols,  Motion carried by' Voice Vote 3/0. CITY ATTORNEY ITEMS  City Attorney Cloud briefly discussed Bills pending in Legislation: 1) Outside City limits Surcharge 2) Expanding or even creating a CRA Encouraged Staff and Commission to follow these Bills. CITY MANAGER ITEMS- None COMMISSIONER ITEMS Commissioner Nichols - None Commissioner Blethen - None "Butch" Jackson.  MayorLacascia- Briefly discussed the death of City Manager Jackson's husband, Lloyd  ANNOUNCEMENIS - None ADJOURNMENT - 7:10 pm  Patricia Jackson, City Manager  Joe LaCascia, Mayor  2    City Commission Meeting February 20, 2024  CONSENT AGENDA ITEM:  Department Monthly Reports  INFORMATION ONLY X ACTION REQUESTED  ISSUE: Department Reports attached for review and approval.  ATTACHMENTS:  Monthly Department Reports for: 1. Building Permits Report - January 2024 2. Code Enforcement Report - January 2024 3. Financial Report - January 2024 4. Library Report - January 2024 5. Polk Sheriff's Report - January 2024 6. Public Works/Utilities Report - January 2024 7. Utility Billing Report - January 2024  ANALYSIS:  STAFF RECOMMENDATION: Approval of Department Reports via Consent Agenda    Polk City Permits Added From: 01/01/24 To: 01/31/2024  ELECTRICAL Permit Number BT-2024-1157 BT-2024-464 GAS Permit Number BT-2024-577 MECHANICAL Permit Number BT-2024-1156 BT-2024-120 BT-2024-1238 BT-2024-1589 BT-2024-1645 PLUMBING Permit Number BT-2024-114 PRE-PERMIT Permit Number BP-2024-19 RE-ROOF Permit Number BT-2024-1294 BT-2024-762 BT-2024-922 RESIDENTIAL Permit Number BR-2024-145 BR-2024-274 Polk Clty Permits  Declared' Value Date Added 17,195.00 01/23/2024 1,250.00 01/09/2024 $18,445.00  Address  744 1ST ST, POLK CITY, FL 33868 8906 N HWY3 33 POLKCITY, FL 33868  Subtotal:  Declared Value Date Added 8,865.00 01/11/2024 $8,865.00  Address  33868  727 TEABERRY TRL, POLK CITY, FL  Subtotal:  Declared Value Date Added 16,989.00 01/23/2024 8,800.00 01/03/2024 11,567.00 01/24/2024 13,007.00 01/30/2024 14,205.00 01/31/2024 $64,568.00  Address  626 GORDON RD, POLK CITY, FL: 33868 315 BAYBERRY DR, POLKCITY, FL 257 SUNSET BLVD, POLK CITY, FL 33868 117 S CITRUS GROVE BLVD, POLK CITY,FL: 33868 238 LAYNEWADE RD, POLK CITY, FL 33868  33868  Subtotal:  Declared Value Date Added 1,793.00 01/03/2024 $1,793.00  Address  7494 BERKLEY RD, POLK CITY, FL 33868  Subtotal:  Address  Declared Value Date Added  220 PINE AVE, POLK CITY, FL 33868  0.00 01/24/2024 $0.00  Subtotal:  Address  Declared Value Date Added 5,101.50 01/24/2024 20,983.00 01/16/2024 2,375.00 01/18/2024 $28,459.50  117 BAYBERRY DR, POLK CITY, FL 33868 265 BAYBERRY DR, POLK CITY, FL: 33868 265 BAYBERRY DR, POLK CITY, FL:  33868  Subtotal:  Declared Value Date Added 700.00 01/09/2024 19,050.00 01/16/2024 2/1/2024 1:16PM  Address  7494 BERKLEY RD, POLK CITY, FL 33868 6201 MEANDERING WAY, POLK CITY, FL: 33868  Page 1of2    33868  1,000.00 01/18/2024 4,000.00 01/23/2024 $24,750.00  BR-2024-384 BR-2024-525  512 ROSEWOODI LN, POLK CITY, FL: 432 BASCOM CT, POLK CITY, FL: 33868  Subtotal:  Grand Total: $146,880.50  OSFR to Daie Kally bp  2/1/2024 1:16 PM  Polk City Permits  Page 2of2    Code Enforcement Report  JANUARY 2024  SNIPE SIGNS REMOVED LIEN SEARCHES INSPECTIONS CLOSEDO OUT CASES SPECIAL MAGISTRATE CASES COUNTY REF. METV WITH CITIZEN  58 16 48/22 12 7 6 6 3  CLOSED OUT SPECIAL MAGISTRATE CASES  CASE SUBJECTS  DISABLE VEHICLES BUILDING WITHOUT PERMIT OVERGROWTH HOUSE NUMBERS BUSINESS LICENSE FENCE JUNK ANDI DEBRIS RV/TRAILER PARKING OPEN STRUCTURE NOISE CLOSED CASES CLOSEOUTLIEN YARD SALE ANIMAL POSTINGS EXTENDED CASES ACCESSORY USE POOLS  2 4 2 0 0 3 8 3 0 0 12 0 0 1 6 4 1 2    CITY OF POLKCITY Simple Balance Sheet For Fiscal Year: 20241 thru Month: Jan Fund: 01 OPERATING FUND  02/06/2024 10:46 gb614_pgphplob No: 12893  Page1of5 USER: JOANNAK  Account Number 01-101-100 01-101-990 01-102-100 01-115-100 01-115-120 01-115-200 01-117-100 01-133-100 01-133-101 01-151-100 01-151-902 01-153-302 01-160-902 01-160-903 01-202-100 01-202-200 01-202-900 01-208-310 01-208-330 01-217-200 01-218-100 01-218-200 01-218-300 01-218-320 01-218-400 01-218-410 01-218-700 01-243-100 01-245-100 01-271-100  Account Title Cash Checking Library. Van Fleet Cycling Challenge Cash on Hand Accounts Receivable - Utilities Accounts Receivable Local Bus Licenses Accounts Receivable Year End Allowance for Bad Debt Due From Other Governmental Units Due from Others (Franchise & Public Serv. Tax) Investments FL SAFE GF Reserves Restricted Cash Newi Local Opt Gas Tax Reserve Account Reserve Acct Emergencies & Contingency : TOTAL ASSET** Accounts Payable Accounts Payable Year End Customer Deposits Due to County - Impact Fees Due to DCA - Bldg Permit Surcharge Due to Dept of Business License Fees Due to PCSO Police Education Revenue Accrued Payroll Accrued Sales Tax Payroll Taxes Payable FRS Retirement Payable Health Plan. Payable Supplemental Insurance Payable Dental Plan Payable Vision Plan Payable ICMA-RC * TOTAL LIABILITY* Encumbrances Placed: Reserved for Encumbrances : TOTAL ENCUMBRANCE-- Fund Balance Unreserved * TOTALI EQUITY** : TOTAL REVENUE** * TOTAL EXPENSE** TOTAL: LIABILITY AND EQUITY  Ending Bal 3,576,776.27 709.09 875.00 45,502.84 3,540.00 221,233.17- 131.83- 45,258.79 57,955.50 1,182,307,43 83,582.70 321,712.32 100,000.59 62,924.00 10,725.20- 10,258.34- 6,160.00 21,277.92 21.32- 95.93- 1,288.86 28,486.41- 75.76 9,507.95 434.55 3,553.65 5,354.60 941.08- 472.22 100.00 4,930.91 4,930.91- 4,473,458.35  Net Amount  FL SAFE GF  5,259,779.53  2,302.77- 0.00 4,473,458.35 1,772,748.08 984,124.13 5,259,779.53    :  191 1!!  5     e a  T     TN    388    AIE  1                : fiifs  88888  Hitdi  IT  N      ea  E    8888      IE5  B8488  088    S a :  E38485    u  u    :8    u    88888 o  18  fis        CITy OF POLKCITY Simple Balance Sheet For Fiscal Year: 20241 thru Month: Jan Fund: 05 ENTERPRISE FUND  02/06/2024 10:46 gb614_pg-phplJob No: 12893  Page2of5 USER:. JOANNAK  Account Number 05-101-100 05-101-900 05-101-913 05-101-916 05-101-917 05-101-918 05-101-919 05-101-920 05-101-936 05-115-100 05-115-130 05-115-200 05-117-100 05-117-200 05-151-100 05-151-902 05-155-300 05-159-100 05-159-200 05-160-902 05-160-903 05-161-900 05-164-100 05-165-900 05-166-900 05-167-900 05-169-900 05-202-100 05-202-200 05-202-900 05-203-100 05-203-600 05-203-610 05-203-615 05-203-710 05-203-910 05-208-305 05-216-100 05-218-320 05-223-100 05-225-100 05-234-100 05-234-901 05-235-800 05-235-900 05-243-100 05-245-100 05-250-100 05-255-100  Account Title Cash Checking Cash Water Impact Fee Account DEP Loan Sinking Fund US Bank Sink Fund US Bank Renewal & Replacement Series DEP Loan WW531400 Sink Fund DEP Loan WW531402 Sink Fund Cash Customer Deposits FDEP 531402 Sinking Fund Accounts Receivable Utilities Accounts Receivable Readiness to Serve Accounts Receivable Year End Allowance for Bad Debt Allowance for Uncollectible A/R Investments FL SAFE EF Investments FL SAFE EF Reserves Prepaid Insurance - Deferred Bond Series 2017 Deferred Outflows Related to Pension Deferred Outflows - Loss on Refunding Reserve Account Reserve Acct Emergencies & Conti ingency Fixed Assets Land Utility Plant in Service Acc.Dep. Improvements Other than Build Equipment & Furniture Accumulated Depreciation Equipment CIP - Construction Costs ** TOTAL ASSET** Accounts Payable Accounts Payable - Year End Customer Deposits Accumulated Interest Payable SRF Loan WW51201P SRF Loan WW53140/96531401 Effluent Disposal SRF Loan WW531402/86531403 US Bank 2017 Bond Note Unamoritized Bond Premiums US Bank Taxes Payable Accrued Payroll Supplemental Insurance Payable Deferred Revenue Deferred Inflows Related to Pension L-T-D Current Portion Less: Current Portion of LTD OPEB Liability Net Pension Liability ** TOTAL LIABILITY** Reserved for Encumbrances ** TOTAL ENCUMBRANCE** Contributed Capital Change in Fund Balance  Ending Bal 3,048,105.83 150,00 130,656,06 658,706.30 200,994.11 1,477,55 21,472,43 360,480.,00 11,931,67 239,681.40 20,138.43 9,938.00- 327.41- 20,389.46- 642,107.38 134,774.45 29,013.62 147,954.23 629,103.39 100,000.00 48,044.00 2,762,913,00 16,445,594.67 5,029,784,42- 930,832.90 447,067:54- 49,649.61 75,102.16 89,579.00 360,480.00 49,329,17 1,674,524,85 30,495.24 778,037.50 7,410,000.00 468,166.37 18,339.33 19,512.31- 2,002.98- 1,364,325.00 13,560.19 438,421.72 438,421.72- 14,390.51 344,376.14 59,153.75 59,153.75- 598,715.40 36,514.20  Net Amount  21,106,274.20  12,669,190.17  Placed  0.00    CITY OF POLK CITY Simple Balance Sheet For Fiscal Year: 2024 thru Month:. Jan Fund: 05 ENTERPRISE FUND  02/06/2024 10:46 gb614_pg.phplJob No: 12893  Page USER: 3of5 JOANNAK  Account Number 05-271-100 05-271-150 05-271-200 05-272-100  Account Title Fund Balance Unreserved Fund Balance Restatement Net Asset Adjustment Account Retained Earnings * TOTAL EQUITY** : TOTAL REVENUE-. : TOTAL EXPENSE* TOTAL LIABILITY AND EQUITY  Ending Bal 6,797,039.09 12,428.57- 10,071.23- 734,552.82  Net Amount  8,144,321.71 902,375.66 609,613.34 21,106,274.20      -      A    AA  TT    E  a  :  1  88  33388    :  5i11 B  E55  :8  O  5 m  EEF    2e  8888  .0  un o  13      CITY OF POLKCITY Simple Balance Sheet For Fiscal Year: 2024 thru Month:. Jan Fund: 08 SPECIAL REVENUEI FUND- GF IMPACT FEES  02/06/2024 10:46 gb614.pg.phplJob No: 12893  Page4 USER: 4of5 JOANNAK  Account Number 08-101-100 08-101-101 08-101-102 08-101-103 08-151-100 08-151-101 08-151-102 08-151-103  Account Title  Ending Bal 16,167.06 8,950.58 32.640.22 57,121.86 229,266.67 144,904.64 433,315.68 479,133.57  Net Amount  GF Police Public Safety Impact Fees GF Fire Public Safety Impact. Fees GF Recreation Impact Fees GF Gen Gov't Facilities Impact Fees Investments FL SAFE GF Police Public Safety Investments FL SAFE GF Fire Public Saf... Investments PL SAPE GF Recreation Investments FLS SAFE GF Facilities ** TOTAL ASSET* TOTAL LIABILITY* ** TOTAL ENCUMBRANCE+: Fund Balance Unreserved : TOTAL EQUITY* ** TOTAL REVENUE** * TOTAL EXPENSE** TOTAL LIABILITY AND EQUITY  1,401,500.28 0.00 0.00 1,374,384.78 27,115.50 0.00 1,401,500.28  08-271-100  1,374,384.78    00  I    CITY OFF POLKCITY Simple Balance Sheet For Fiscal Year: 20241 thru Month:. Jan Fund: 09 SPECIAL REVENUE FUND- -EF IMPACTI FEES  02/06/2024: 10:46 gb614_pg.phplJob No: 12893  Page USER:. 5of5 JOANNAK  Account Number 09-101-800 09-101-900 09-151-800 09-151-900 09-169-900  Account Title  Ending Bal 450,110.04 123,596.57 1,754,534.59 285,286.44 28,872.10  Net Amount  EF Sewer Impact Fee Account EF Water Impact Fee Account Investements Sewer Impact Investements Water Impact CIP - Construction Costs TOTAL ASSET** * TOTAL LIABILITY* ** TOTAL ENCUMBRANCE** Unreserved Fund. Balance : TOTAL EQUITY* : TOTAL REVENUE"" : TOTAL EXPENSE** TOTAL LIABILITY AND EQUITY  2,642,399.74 0.00 0.00 2,682,074.25 51,459.06 91,133.57 2,642,399.74  09-271-100  2,682,074.25        JANUARY 2024 CIRCULATION  ADULT BOOKS JUVENILE BOOKS TOTAL CIRCULATION IN CITY IN COUNTY TOTAL NEW BORROWERS FAMILY ADULT JUVENILE YOUNG ADULT TOTAL PROGRAMS ADULT JUVENILE YOUNG ADULT TOTALATTENDANCE PHONE CALLS  1087 1022 2109 17 11 28 1 1 2 13 5 18 110 135 882  NEW BORROWERS  NUMBER OF PROGRAMS  PROGRAM ATTENDANCE  REFERENCE QUESTIONS NUMBER OF COMPUTER USERS  TOTAL PATRONS  Prepared by: Hannah Ulloha Library Director    POLK COUNTY SHERIFF'S OFFICE DEPARTMENT OF LAW: ENFORCEMENT  STATISTICAL DATA  West  Division  Date: To: From:  February 5, 2024  Northwest  District  Patricia Jackson, City Manager Deputy Christina Poindexter #7376  Subject: Statistical Report for. January 2024  ACTIVITY FELONY ARREST AFFIDAVITS FELONY MISDEMEANOR ARREST AFFIDAVITS MISDEMEANOR OUT OF COUNTYISTATE WARRANT ARRESTS PROCAP WARRANT ARREST TOTAL ARRESTS SEARCH WARRANTS FIELD INTERROGATION REPORTS TRAFFIC CITATIONS INTELLIGENCE REPORTS STOLEN PROPERTY RECOVERED HRS. TRANSPORTING AGENCIESIDVISIONS OFFENSE REPORTS NARCOTICS SEIZED ASSETS SEIZED PATROL NOTICES FOXTROT REPORTS TOW-AWAY NOTICES COMMUNITY CONTACTS TRAFFIC STOPS TOTAL DISPATCHED CALLS FOR SERVICE  3 0 4 1 1 0 9 0 0 9 0 0 0 40 0 0 0 4 0 284 17 71  PCSO FORM: 327 (REV 12/20/07)  Page lof2    In. January 2024, there were six (6) PROCAP captured crimes as compared to two (2)in January 2023. There were two separate cases of stolen diesel Fuel from the Sunoco located at 644 Commonwealth Ave. Polk City FI. total gallons stolen combined are 736 gallons of diesel fuel, these particular incidents are trend related all over the county. There were two separate incidents of vehicle burglaries at 7701 Berkley Rd., Polk City, Van Fleet Trail Head, these particular incidents are trend related all over the county as well. The above 4 incidents are done by organized groups of people. There was a report ofa a stolen vehicle at the 4200 block if I4 West bound, where the owner broke down and left the vehicle at the location fora a tow truck to pick up and remove at their convenience, vehicle was gone on tow truck arrival. There was a report ofa business burglary at the Chevron gas station located at 525 Commonwealth Ave., Polk City. The video surveillance depicted two juveniles on bicycles break into the location and remove 50 smoking vapes. A juvenile was arrested for this crime several days later. In all for 2024 we are sitting at 61 ProCap related crimes compared to 2 ProCap crimes reported by this time in 2023. In an attempt to eliminate our current increase in crimes, myself and the Detail Deputies are  showing extra attention to the trend related crime areas.  CASE VIDEO STATUS  Secor  DoW  Det  VEHICLET THEFT Unks suspn removedt thevicts redGMCT Terrainb beairng Floridat lagMBF33WA/thetruekh broked downd an14on 12/308 when towo companyv wentto getvehon1 1/2it wasntthere.A ALPR'snoh hits. Dispatchs saidn not tows. No area. BURGLARYB BUSINESS suspe enteredb busin arenoveda approx: 500 LOstMary Spearminty Vapes/ Duringd thedmeofthab burglary2 subis canbes seenr ndingbiles ont thesws sideofthe property. ones suspls sens goingtabacko ofbusin, susp waringthep pink hoodiekn necks paiter coveringhisf face throws anunk objectbreakingt thev windowa u theniss seen insidet thebusina ona anotherc cameraf frame) X15Devon dynev W/M09/09/2007 BURGLA ARY CONVEYANCE bustedo outdr drivers sidew window; Unks suspe enteredv victs veh& removeda pursev whicho containeds several credit cards, $3000 cash, veh keys fobs, MichiganD DL, checkbaok, ando other misci items. Noc ardsh have attemptedtobeu used. Nov videointhea area. Doorl locko ond driver sidew was tamperedw with; Unks susp enteredv victsv vehremoveds severalc credito cards &5300/ Victrec'dtexta alerta atl 1015Hrs thattherev wasa $500 chargeo onher creditcard,s sheth thend discoveredt therewas as500c chargetoher WellsF Fargo, Discover, transcation ats300tos Starbucks wasi inDavenport& BestB Buy. Video andreceiptsy centto ands Starbucls, RETAILT THEFT AVESW Unks suspr removed3 384E gallons ofd diesel fuelf from unsecuredu undergroundf fuel tanks/ Suspy vehy wasa blackn minivanw whiche entered theparkingloteis observedp parked overt theu undergroundf fuel tanks for approxg &thenle leaves headingsBon Commonwealth AVES SW Videos shows an unks suspd drivingar reds semit tractorv with TizonA AutoT Transportd drovei intot theparkinglot&p parked overt thegroundd dieselr reservoir remaved3 352g gallons ofdieself fuel, thena at1/16a at0010Hrsa black/blueF Ford Fdrt trucka arrivesf forashorta amtoftime,t theveha appears tobeoccupiedby2s subjs- backinA August2 2023In Intel Bulletin 23-1 163w completedv withy whata appearst tobe thesamesuspatveh Departmento Palk  PcSO- 2023-12-30/ 2024-01-02/ Tues 410014W 240000665 2330hrs 1500hrs 240003272 0212hrs 0212hrs  Pcso- 2024-01-24/ 2024-01-24/ Wed 5250 COMMONWEALTHA AVESW sws sided door wass smachedo outu Unkp possibly WMJV  CHEVRON  Comella Knight  Pcso- 2024-01-03/ 2024-01-03/ Wed 7701B BERKLEYRD 240000317 1200hrs 1330hrs 13 PCSO- 2024-01-18/ 2024-01-18/ Thur 7683B BERKLEYR RD 240002482 0900hrs 101Shrs  VANFLEETT TRAIL VANFLEETT TRAIL  from BestE Buy, Subpaena was  Knight  PCSO- 2024-01-06/ 2024-01-06/ Sat 644C 240000975 2212hrs 2226hrs 13 PCSO- 2024-01-15/ 2024-01-16/ Tues 6440 240002165 1152hrs 1217hrs  SUNOCO SUNOCO  February March Apri May 02420230242 2023_2024 2023  YTD da  Robbery Jurg Business Residence Structure Conveyance hicle Thefl GrandT Thet PetkT Theft MaiThet Retain Thef CrminalN Mschief Totals Change  0 00 0010  200%  NIA  PCSO FORM 327(REV 12/20/07)  Page lof2    Public Works & Utilities Report  January 2024  Public Works Department- Work Orders: Total 149  BUILDING MAINTENANCE:51 VEHICIE/EQUIPMENT MAINTENANCE: 38 EVENT SETUP- INSPECTION:19 LANDSCAPING, MOWING:7 PARKS ANDI RECREATION:8 Storm water: 9 TRASH PARKS AND FACILITIES:7 TRASH ROADS ANDSTREES:10 TECH SUPPORT:3  Utilities Department- Work Orders: Total 1251  TURN ON:28 TURN OFF:25 LOCATES:5 METER MAINTENANCE:75 LIFTS STATION MAITENANCE AND REPAIR:23 WWTP REPAIR AND MAINTENANCE:14 WTP REPAIR AND MAINTENANCE:: 34 METERS READ: 3,363 READS: 249 REPLACE FIRE HYDRANT ON SUNAPEE LOOP. INSTALL NEW SEWER TAP 5237 GOLDEN GATE BLVD. REPAIR PIPE ATI LIFTS STATION #7 WATER LEAK:5( (353 CLEARWATER LAKE Dr.) INSTALL NEW WATER: SERVICE AT 632 CITRUS GROVE BLVD. START BACK FLOW TESTING.    Utility Billing Report  January 2024  New Accounts Established: 31 inal/Terminated Service: 24 Bills Processed: 2725 Email/ Bill Customers: 1961 Work Orders Processed: 164 Lock off for Nonpayment: 29 Nonpayment fees ($50): 30 Billed Consumption: 10,495,000 Billed/Revenue: $266,266.81 Residential Billing: 2649 Irrigation Billing: 594 Commercial Billing: 95 On Going Projects -Process Deposit Refunds information is correct. (Debt Consolidation). -Meter Replacement Program Staff Objectives  Building Rentals Activity/Bronson Center/Freedom Park: 11  -Working with the Utilities Department in Diamond Maps to verify that all meter -Process monthly Adjustment Reconciliations, Zero Charge Reports and Cycle D  Reroute metersi into walking order. Continue to work with: staffto write procedures  for Utility Billing. Continuing efforts in auditing accounts.  Respectfully Submitted by: Chasity Guinn Utility Billing Supervisor    City Commission Meeting February 20, 2024  AGENDA ITEM: #1:  Ordinance 2024-01: Future Land Use Map Amendment in the Green  Swamp Area of Critical State Concern  INFORMATION ONLY X ACTION REQUESTED  ISSUE:  Ordinance 2024-01: Future Land Use Map Amendment in the Green Swamp Area of Critical State Concern is an applicant-initiated Future Land Use Map Amendment in the Green Swamp Area of Critical State Concern "X" to change the Future Land Use from Convenience Center-X (CCX) to Residential Suburban-X (RSX) on approximately 1.44 acres in Polk City, located at 9600 SR33 (Parcel  number 252831.00044210, First Reading  ATTACHMENTS: Ordinance 2024-01 CFRPC Staff Report ANALYSIS:  InD December 2023, D.P. Erectors, LLC submitted an application for Future Land Use and/or Zoning Amendment. This item was presented at the January 8, 2024 Planning Commission Meeting and  approved to forward on to the City Commission for final approval. This is a companion Ordinance to Ordinance 2024-02.  This item will be transmitted to Florida Commerce for a 30-day state review. If there are no changes, Ordinance 2024-01 will be presented for Second and Final Reading no later than May 2024.  Polk City's Business Impact Statement is attached.  STAFF RECOMMENDATION:  Approve Ordinance 2024-01 on First Reading    ORDINANCE 2024-01  AN ORDINANCE OF POLK CITY, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 1.44 ACRES FROM CONVENIENCE CENTER-X (CC-X) TO RESIDENTIAL SUBURBAN-X (RSX) IN THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; AND TRANSMITTING SAID AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE FOR FINDING OF COMPLIANCE; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY,  CONFLICTS AND AN EFFECTIVE DATE.  NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF POLK SECTION 1. FINDINGS AND INTENT. In adopting this Ordinance, the City Commission of Polk City, Florida hereby makes the following legislative findings and  CITY, FLORIDA:  intent:  (1) Chapter 163, Part II, Florida Statutes, establishes the Community Planning Act("Act"), which empowers and mandates Polk City, Florida ("City"), to plan fori future development and growth and to adopt and amend comprehensive plans, or elements or portions thereof, to guide the future growth and development of the City.  (2) Pursuant to the Act, the City has adopted a comprehensive plan (3) The Act authorizes a local government desiring to revise its comprehensive (4) The City has prepared an amendment to the Future Land Use Map of the Comprehensive Plan to change the Future Land Use classification of approximately 1.44 acres of land lying in Polk County, Florida, and described as Parcel Number 252831-00000044210 within the City from Convenience Center-X (CCX) to Residential Suburban-X (RSX) in the Green Swamp Area of Critical State Concern. (5) Pursuant to Section 163.3187, Florida Statutes, the City Commission held a meeting and hearing on this Map Amendment, with due public notice having been provided, to obtain public comment, and considered all written and oral comments  ("Comprehensive Plan").  plan to prepare and adopt comprehensive plan amendments.  received during public hearings, including support documents.  (6) In the exercise of its authority the City Commission has determined it necessary to adopt the proposed amendment to the Future Land Use Map contained herein and as shown as Exhibit "A" to encourage the most appropriate use of land, water and resources consistent withi the public interest; and deal effectively with future    problems that may result from the use and development of land within the City; and to ensure that the Comprehensive Plan is in full compliance with State law.  (7) Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impact estimate pursuant to S 166.041(4)(c), Florida  Statutes, and determined that adoption of this ordinance:  (1) serves a public purpose by serving the public health, safety, morals, and (2) has no direct negative economic impact on private, for-profit businesses in the (4) does not impose any new charge or fee or businesses for which businesses (5) does not create any additional municipal regulatory cost which is not recovered (8) The City Commission finds that the proposed amendment to the Future Land Use Map contained herein furthers the purposes of, and is consistent with, the City's Comprehensive Plan, and is consistent with and compliant with State law, including, but  welfare of the City, city,  (3) will not result in direct compliance costs by businesses,  will be financially responsible, appropriately and lawfully by the City.  not limited to, Chapter 163, Part II, Florida Statutes.  SECTION2. PLAN AMENDMENT. The Future Land Use Map of the City's Comprehensive Plan is hereby amended to include the map amendment set forth in Exhibit "A," attached hereto and incorporated herein by reference, which applies the Residential Suburban -X" Future Land Use designation to approximately 1.44 acres of  land shown on such Exhibit.  SECTION 3. BUSINESS IMPACT ESTIMATE. Pursuant to Section 166.041(4), Florida Statutes, Polk City is required to prepare a business impact estimate for certain proposed ordinances. This proposed ordinance amends the land use designation in accordance with the owner's proposed use. Such an amendment to the City's Plan (1) serves a public purpose by serving the public health, safety, morals, and welfare of the City, (2) has no direct negative economic impact on private, for-profit businesses in the city, (3) will not result in direct compliance costs by businesses, (4) does not impose any new charge or fee or businesses for which businesses will be financially responsible, and (5) does not create any additional municipal regulatory cost which is not recovered appropriately and lawfully by the City. Thus, iti is estimated that neither residents nor any business will incur additional costs. The City does not seek to impose any additional user or regulatory fees or charges, nor are any direct compliance costs expected. The Business Impact Estimate form for this ordinance is on file with the City Clerk.  SECTION 4. SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain  in full force and effect.  2    SECTION 5. CONFLICTS. Existing ordinances or parts of existing ordinances in SECTION 6. CODIFICATION OF ORDINANCE IN PLAN. An official, true, and correct copy of this Ordinance and the City's Comprehensive Plan, as adopted and amended from time to time, shall be maintained by the City Clerk. The City Clerk shall make copies available to the public for a reasonable publication charge.  conflict herewith are hereby repealed to the extent of such conflict.  SECTION 7. TRANSMITTAL TO STATE. Within ten (10) days of final passage and adoption of this Ordinance, Polk City shall forward a copy hereof, and all supporting data and analysis, to the Florida Department of Economic Opportunity and any other agencies or local governments that provided timely comments to the City, as required by  Section 163.3184(3)()4, Florida Statutes.  SECTION 8. EFFECTIVE DATE. This effective date of the plan amendment adopted by this Ordinance shall be thirty-one (31) days after the Florida Department of Economic Opportunity notifies Polk City that the plan amendment package is complete, or, if the plan amendment is timely challenged, the date on which the Florida Department of Economic Opportunity or the Administration Commission, whichever is applicable, enters a final order finding the amendment to be compliance in accordance with Section INTRODUCED AND PASSED ON FIRST READING this day of February, 2024.  163.3184(3)c)4, Florida Statutes.  POLK CITY, FLORIDA Joe LaCascia, Mayor  ATTEST:  APPROVED AS TO FORM & LEGALITY:  Patricia R. Jackson, City Manager/Clerk  Thomas A. Cloud, City Attorney  PASSED AND DULY ADOPTED ON SECOND READING, with a quorum present and voting by the City Commission of Polk City, Florida meeting in Regular Session this  day of  2024.  Joe LaCascia, Mayor  ATTEST:  Patricia R. Jackson, City Manager/Clerk  3    ORDINANCE NO. 2024-01 EXHIBIT "A"  FUTURE LAND USE MAP-PROPOSED  043020 ASON-LN-4940 044060 044110  021040 022010 022070 022060 022040 022030  043090  043100  044180 044190  044020  044070  044170  044010  SHEPARDLN 044140 044040  SUBJECT PARCEL 044210  044260  044160  044200  022020  044030  044050  044120  044250  Legend GRI Subject Parcel Parcel Boundaries Polk City Boundary Polk Future Land Use County RS- Residentia-Suburban RL-1- ResidentialLow1 AprauvaResdanaiRua Polk City Future Land Use CC-X- Convenience CenterX Unassigned RS-X- Residential Suburban-X  033150 033140 033080  011010  033030  501 1po 2000331300 400  Feet  033200  4    EXHIBIT B  Business Impact Estimate  This form should be included int the agenda packet for thei item under which the proposed ordinance ist to be considered and must be posted on Polk City's website by the time notice of the proposed ordinance  is published.  Proposed ordinance's title/reference:  ORDINANCE 2024-01: AN ORDINANCE OF POLK CITY, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 1.44 ACRES FROM CONVENIENCE CENTER-X (CC-X)TO RESIDENTIAL SUBURBAN-X (RSX) IN THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; AND TRANSMITTING SAID AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE FOR FINDING OF COMPLIANCE; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means Polk City is of the view that a business impact estimate is not required by state law! for the proposed ordinance. If no boxes are checked, the Business Impact Estimate Requirements Section will be completed. Polk City may, in its own discretion, determine to perform a Business Impact Estimate for ordinances exempted per Florida Statutes. This Business Impact Estimate may be revised following its initial REASON EXEMPTED FROM BUSINESS IMPACT ESTIMATE REQUIREMENTS  posting.  The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the adoption of budgets or budget amendments, The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance  regulation;  The proposed ordinance relates tot thei issuance or refinancing of debt; including revenue sources necessary toi fund the budget;  accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or The proposed ordinance is enacted to implement the following: development agreements and development permits;  a. PartllofChapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders,    b. Sections 190.005 and 190.046, Florida Statutes, regarding community development C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.  districts;  See Section 166.041(4)(C), Florida Statutes.  BUSINESS IMPACT ESTIMATE REQUIREMENTS  Ina accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, Polk City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, The ordinance will change the Future Land Use from Convenience Center-X (CC-X) to Residential Suburban-X. Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impactestimate pursuant to S 166.041(4)(c), Florida Statutes, and determined that adoption of this (1) serves a public purpose by serving the public health, safety, morals, and welfare (2) has no direct negative economic impact on private, for-profit businesses in the (4) does not impose any new charge or fee or businesses for which businesses will (5) does not create any additional municipal regulatory cost which is not recovered  such as serving the public health, safety, morals and welfare):  ordinance: of the City, city,  (3) will not result in direct compliance costs by businesses,  be financially responsible,  appropriately and lawfully by the City.  2    2. An estimate of the direct economic impact of the proposed ordinance on private, for- (a) An estimate of direct compliance costs that businesses may reasonably (b) Any new charge or fee imposed by the proposed ordinance or for which (c) An estimate of Polk City's regulatory costs, including estimated revenues from  profit businesses in Polk City, if any:  incur;  businesses will be financially responsible; and any new charges or fees to cover such costs.  3. Good faith estimate of the number of businesses likely to be impacted by the proposed  ordinance:  4. Additional information the governing body deems useful (if any):  [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: Polk City's staff solicited comments from businesses in Polk City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on Polk City's website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and,  therefore, the proposed ordinance does not affect only businesses).  3    POLK CITY OVERVIEW REPORT February 20, 2024  FUTURE LAND USE MAP AMENDMENT & REZONING  TO: FROM:  POLK CITY CITY COMMISSION  CENTRAL FLORIDA REGIONAL PLANNING COUNCIL  SUBJECT: Ordinance 2024-01: Future Land Use Map Amendment in the Green  Swamp Area of Critical State Concern: Aa applicant-initiated Future Land Use Map Amendment in the Green Swamp Area of Critical State Concern "X" to change the Future Land Use from Convenience Center-X (CCX) to Residential Suburban-X (RSX) on approximately 1.44 acres in Polk City, located at 9600 SR33 (Parcel number 252631.0000.044210, Ordinance 2024-02: Rezoning in the Green Swamp Area of Critical State Concern: An applicant-initated rezoning in the Green Swamp Area of Critical State Concern "X" to change the zoning from Convenience Center-X (CCX) to Residential Suburban-X (RSX) on approximately 1.44 acres in Polk City, located at 9600 SR 33 (Parcel number 252631-000000-  044210).  AGENDA AND HEARING DATES: January 8, 6:00 PM: February 20, 7:00 PM: April/May 2023, 7:00 PM: ATTACHMENTS: Aerial Photo Map Existing Future Land Use Map Proposed Future Land Use Map Existing Zoning Map Proposed Zoning Map Applications  Planning Commission (Public Hearing) Transmittal Hearing Period  Transmit to Florida Commerce for 30 Day State review  Second Reading = Adoption Hearing  Page 1of21  Overview Report 9600 SR 33F Future Land Use Map Amendment and Rezoning  February 20, 2024    PLANNING COMMISSION MOTIONS:  Future Land Use Map Amendment Motion Options:  Att their. January 8, 2024 meeting, the Planning and Zoning Board voted to recommend approval of the Future Land Use Map amendment from CCX to RSX to the City  Commission.  Rezoning Motion Options:  Att their January 8, 2024 meeting, the Planning and Zoning Board voted to recommend approval of the Future Land Use Map amendment from CCX to RSX to the City  Commission.  CITY COMMISSION MOTION OPTIONS:  Future Land Use Map Amendment Motion Options:  1. Recommend approval of the Future Land Use Map amendment from CCX to 2. Recommend denial of the Future Land Use Map amendment from CCX to RSX  RSX to the City Commission. to the City Commission. 3. Continue to a date and time certain. Rezoning Motion Options:  1. Recommend approval of the Future Land Use Map amendment from CCX to 2. Recommend denial of the Future Land Use Map amendment from CCX to RSX  RSX to the City Commission. to the City Commission. 3. Continue to a date and time certain.  OVERVIEW: Applicant/Owner Agent Parcel ID Subject Area Existing Future Land Use Proposed Future Land Use  DPE Erectors Dwayne Prestage 252831-0000.044210 +l-1.44 acres  Convenient Center-X (CCX) (Green Swamp) Residential Suburban-X (RSX) (Green Swamp)  Page 2of21  Overview Report - 9600 SR3 33 Futurel Land Use Map Amendment: and Rezoning  February 20, 2024    Existing Zoning Proposed Zoning  Convenient Center-X (CCX) (Green Swamp) Residential Suburban-X (RSX) (Green Swamp)  The applicant is requesting a Future Land Use Map Amendment and rezoning to change the Future Land Use and zoning of a +/- 1.44 acre parçel in the Green Swamp Area of Critical State Concern "X" from the Future Land Use of Convenient Center-X (CCX) and the zoning of Convenient Center-X (CCX) to Residential Suburban-X (RSX). The subject  parcel is located at 9600 SR: 33. See attached Location Map. BACKGROUND & REASON FOR REQUEST:  The applicant is requesting these amendments as they would like to utilize the site to  build a residential structure.  STANDARDS FOR EVALUATING FUTURE LAND USE AND ZONING CHANGES: The Polk City Planning Commission will provide recommendations, and the City Commission will make a final motion to accept, reject, modify, return, or continue to seek additional information on all proposed Future Land Use and zoning changes. The review Consistency with the Comprehensive Plan and Land Development Code.  shall be considered and evaluated against the following standards:  Land Use Compatibility. Public Facilities and Services Analysis.  CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE: The Future Land Use Map amendment is consistent with the Polk City Comprenensive Plan. The change in Future Land Use for the property will permit the property owner to develop the land while meeting all State and local requirements related to the Green Swamp Critical State Concern. The Zoning amendment is consistent with the existing Future Land Use. The request is to change the Future Land Use from Polk County Convenience Center (CCX) and the zoning of Polk County CCX to City Future Land Use of Convenience Center X and City Zoning of Convenience Center X. Descriptions for the existing and proposed Future Land Use and zoning designations are provided  as follows:  Existing - Future Land Use  Polk City Comprenensive Plan, Future Land Use Element, Policy 4.4.B Convenience Center: Convenience Centers are intended to accommodate the convenience-shopping needs of residents living within the immediate surrounding area. The CCX district permits non-residential  Page 3of21  Overview Report - 9600 SRI 33F Future Land Usel Map/ Amendment and Rezoning  February 20, 2024    uses such as offices, convenience stores, gas stations, dry cleaners and community facilities. The maximum floor area ratio shall not exceed 0.25. Convenience Centers shall be located at the intersections of arterial and/or collector roads. There shall be a one (1) mile traveling distance within the Polk City SPA on public roads between the center ofa Convenience Center and the center of any other Convenience Center, or other higher level Activity Center or Linear Commercial Corridor providing for the same convenience shopping needs. This required separation may be reduced if: a) The higher-level Activity Center orl Linear Commercial Corridor within the required distance separation is over 80% developed; or, b) the proposed Convenience Center market-area radius, minimum population support is  over 5,000 people. Useable Area Gross Leasable Area Minimum Population Support Market-Area radius Typical Leading Tenant Other Typical Tenants criteria: i. ii.  1to 5 acres 3,000 to 20,000 square feet 2,500 to 5,000 people  1n mile Convenience Store Station, Office  Laundry, Dry cleaning, Barber, Restaurant. Gas  Development within a Convenience Center shall conform to the following Convenience Centers shall have frontage on, or direct access to, an arterial or collector roadway, or a frontage road or service drive that Different uses within a Convenience Center shall incorporate the use of frontage roads or shared ingresslegress facilities wherever ii. Adequate parking shall be provided to meet the demands of the uses, and interior traffic circulation patterns shall facilitate the safe movement of vehicular, bicycle, and pedestrian traffic. iv. Buffering shall be provided where the effects of lighting, noise, odors, and other such factors would adversely affect adjacent land uses. Parking lots, loading areas, dumpsters, utilities and air conditioning units, signage, etc., are examples of facilities that may Residential uses shall not be permitted in Convenience Centers. vi. Offices uses shall not exceed 40 percent of the total area within the convenience center. Commercial uses may constitute 100 percent  directly serves an arterial or collector roadway.  practical.  require special buffering provisions.  V.  of the convenience center.  Page 4of21  Overview Report - 9600 SR 33F Future Land Use Map Amendment: and Rezoning  February 20, 2024    Proposed- - Future Land Use  Polk City Comprehensive Plan, Future Land Use Element, Policy 4.4.D  Convenience Center:  d.  Residential-Suburpan (RSX).  The Residentia-Suburpan  classification provides areas for suburban-density residential development to promote the proper transition of land from rural to urban uses. Residential-Suburban areas shall be developed at densities up to and including one dwelling unit peri five acres (1 DU/5 AC). Development within designated RSX areas shall be limited to: a) residential development containing single-family dwelling units, duplex units, and family care homes; b) agricultural support uses; c) community facilities; and, d) elementary, middle, and high schools.  Existing. - Zoning  Polk City Land Development Code, Section 3.12.02.08(2) CCX Convenience Centers: Convenience Centers X are intended to accommodate the convenence-shopping needs of residents living within  the immediate surrounding area.  Table 3.19- Convenience Centers Usable Area  Useable Area Gross Leasable Area (GLA) Minimum Population Support Market-Area radius Typical Leading Tenant Other Typical Tenants  1to 5 acres 3,000 to 20,000 square feet 2,500 to 5,000 people 1 mile Convenience Store Laundry, Dry cleaning, Barber, Restaurant. Gas Station, Office  Convenience Centers shall be located at the intersections of arterial and/or collector roads. There shall be the following traveling distance, on public roads, between the center of a Convenience Center and the center of any other Convenience Center, or other higher-level Activity Center, Linear Commercial Corridor, or Commercial Enclave providing for the same convenience shopping needs: a. One (1) mile within the Polk City Special Protection Area. This required separation may be reduced if: The higher-level Activity Center, Linear Commercial Corridor or Commercial Enclave within the required distance separation is over 80% The proposed Convenience Center market-area radius, minimum  developed; or,  population support is over 5,000 people.  Page 50 of21  Overview Report - 9600 SR 33 Future Land Use Map/ Amendment and Rezoning  February 20, 2024    Development within a Convenience Center shall conform to the following a) Convenience Centers shall have frontage on, or direct access to, an arterial or collector roadway, or a frontage road or service drive that b) Different uses within a Convenience Center shall incorporate the use of frontage roads or shared ingresslegress facilities wherever c) Adequate parking shall be provided to meet the demands of the uses, and interior traffic circulation patterns shall facilitate the safe movement of vehicular, bicycle, and pedestrian traffic. d) Buffering shall be provided where the effects of lighting, noise, odors, and other such factors would adversely affect adjacent land uses. Parking lots, loading areas, dumpsters, utilities and air conditioning units, signage, etc., are examples of facilities that may e) Residential uses shall not be permitted in Convenience Centers. Offices uses shall not exceed 40 percent oft the total area within the convenience center. Commercial uses may constitute 100 percent g) The maximum floor area ratio shall not exceed 0.25 unless h) Planned Unit Developments within the Convenience Center may be permitted a maximum floor area ratio up to 0.50. Intensity increases shall only be awarded to innovative, efficient, and compatible Planned Unit Development proposals that are consistent with the general district characteristics. Such Planned Unit Developments shall also be designed tol be compact and require less land areai than  criteria:  directly serves an arterial or collector roadway.  practical.  require special buffering provisions.  f):  oft the convenience center.  developed as a Planned Unit Development.  other alternatives.  Proposed-Zoning  Polk City Land Development Code, Section 3.12.02.08(2) - RSX Residential-Suburban (RSX): The Residential-Suburban classification is characterized by single-family dwelling units and duplex units. Residential- Suburban areas shall be developed at densities up to, and including, 1 DU/5 AC. Development within designated RS areas shall be limited to: a) residential development containing single-family dwelling units, duplex units, and family care homes, at a density of up to, and including, one dwelling unit per five acres (1 DU/5 AC); b) elementary schools; c) middle schools with the approval ofa a Conditional Use ori its functional equivalence in accordance with policies of this Plan; and, d) residential infill development that contains single-family or duplex-style development and  isl located amongst an existing residential community.  Page 6of21  Overview Report- - 9600 SR: 33F Futurel Land Use Map Amendment and Rezoning  February 20, 2024    LAND USE COMPATIBILITY  The parcels to the south, east, and part of the north are in unincorporated. Polk County. These parcels include Agriculture/Rural Residential and Residential Suburban Future Land Use. The parcels include single family homes and mobile homes. The parcel to the west and partially to the north are located in Polk City. The parcel to the east has Residential Suburban-X Future Land Use and Zoning and includes a mobile home. The northern parcel in the City has a Commercial Convenience-X (CCX) Future Land Use and is vacant. The subject parcel is surrounded by a single family homes including mobile homes. The adjacent parcels consist of single-family homes, Vacant Land and Commercial. The Land Use Matrix below outlines the existing and proposed Future Land Use and zoning of the subject parcel, the existing Future Land Use and zoning of adjacent properties, and the existing land use oft the subject parcels and adjacent properties. Proposed Future Land Use and Zoning Maps are also provided for reference.  Land Use Matrix North Future Land Use: Agriculture/Rural Residential Zoning: (County) and CCX Existing Land Use: MH (County) and vacant (City) Subject Parcels Future Land Use: Existing: CCX Proposed: RSX Zoning: Existing: CCX Proposed: RSX Existing Land Use: Vacant Future Land Use: Agriculture/Rural Residential Zoning: (County) Existing Land Use: Multiple Single-Family Homes  Northwest  Northeast  Future Land Use: ROWand Residential Suburban (County) Zoning: ROWand Residential Suburban (County) Existing Land Use: Single Family - Mobile Home Future Land Use: ROWa and Residential Suburban (County) Zoning: ROW and Residential Suburban (County) Existing Land Use: Single Family Future Land Use: ROWa and Residential Suburban (County) Zoning: ROW: and Residential Suburban (County) Existing Land Use: Single Family = Mobile Home  Future Land Use: Zoning: Existing Land Use: Single Family Future Land Use: Residential Suburban-X (RSX) Zoning: Residential Suburban-X (RSX) Existing Land Use: Single Family - Mobile Home Future Land Use: Zoning: Existing Land Use: Multiple Single-Family! Homes  Agriculture/Rural Residential (County) (County) and CCX Agriculture/Rural Residential (County) Agriculture/Rural Residential  West  East  Southwest  South  Southeast  Agriculture/Rural Residential (County) (County)  Agriculture/Rural Residential (County) Agriculture/Rural Residential  Page7of21  Overview Report - 9600 SR: 33Future Land Use Map Amendment: and Rezoning  February 20, 2024    Table 1 includes the density for the existing and proposed Zoning designations for  the property.  Table 1: Existing FLU: CCX (1.44acres)  Analysis of Impacts from Proposed Future Land Use Change  Proposed FLU: RSX (1.44 acres)  Density/Intensity Density Potential Difference  OD DU/Acre (FARO.25) OD Dus (15,681 sf)  1DUlacre 1DUS  Decrease of 15,681 sf non-residential and Increase of1 DU  Table 2: Existing Zoning: CCX (1.44a acres)  Analysis of Impacts from Proposed Zoning Change  Proposed Zoning: RSX (1.44 acres)  Density Density Potential Difference  ODU/Acre (FAR0.25) ODus (15,681 sf)  1DU/acre 1DUS  Decrease of 15,681 sf non-residential and Increase of1 DU  Development oft the site as single-family is consistent with the surrounding property  and serves as in-fill development.  PUBLIC FACILITIES AND SERVICES ANALYSIS: Potable Water and Wastewater  The City has capacity in both systems to serve development oft this property.  Water and Sewer are located ini the SR: 33 right-of-way.  TrafieTransportation  The site is accessed via State Road 33. This is a state-maintained right-of- way. The Florida Department of Transportation will have to issue the  driveway permit for the property. Environmental Impacts  The site is located in the Green Swamp Area of Critical State Concern.  Page 80 of21  Overview Report - 9600 SR3 33F Future Land Use Map Amendment and Rezoning  February 20, 2024    School Impacts application.  School concurrency will have to be completed with any project review  Page 9of21  Overview Report - 9600SR: 33F Future Land Use Map/ Amendment and Rezoning  February 20, 2024    LOCATION MAP  SHEPARDLN  SUBJECTPARCEL  011010  Legend Subject Parcel Parcel Boundaries Polk CityE Boundary  BGuss 4 MaeE Eastare 32isdREPGE USaP goinnuifly  Page 10of21  Overview Report - 9600 SR3 33F Future Land Use Map Amendment and Rezoning  February 20, 2024    FUTURE LAND USE MAP-EXISTING  021040 022010 022070 022060 022040 022030  043090  043100  043020 ASON-LN-9040 044060 044110  044180 044190  044020  044070  044010  044170  SHEPARD-LN- 044140 044040  SUBJECT PARCEL 044210  044260  044160  044200  022020  044030  044050  (33)  044120  044250  Legend GRI SubjectF Parcel Parcel Boundaries Polk City Boundary Polk County Future Land Use RS- Residentia-Suburban RL-1- Residential-Low1 Agicutural/Residental- Rural Polk City Future Land Use CC-X- Convenience Center X Unassigned RS-X- Residential Suburban-X  033150 033140 033080  011010  033030  50_1D0 2000331300 400  Feet  033200  Page 11 of21  Overview Report - 9600 SR: 33F Futurel Land Use Map Amendment and Rezoning  February 20, 2024    FUTURE LAND USE MAP-PROPOSED  043100  043020 SON-LN-049046 044060 044110  021040 022010 022070 022060 022040 022030  043090  044180 044190  044020  044070  044010  044170  SHEPARD-LN- 044040  SUBJECT PARCEL 044210  044260  044160  044200  022020  044030  044050  33  044120  044250  Legend GRI SubjectF Parcel Parcel Boundaries Polk City Boundary Polk County Future Land Use RS- Residential-s Suburban RL-1- Residenial-Low1 pricuuaResdentia-Run Polk City Future Land Use CC-X- Convenience Center X Unassigned RS-X- Residential Suburban-x  033150 033140 033080  011010  033030  50 1po 200 n31300 400  Feet  033200  Page 12of21  Overview Report - 9600 SR 331 Future Land Use Map Amendment: andF Rezoning  February 20, 2024    ZONING MAP-E EXISTING  021040 022010 022070 022060 022040 022030  043090  043100  SON--N-049M6 043020 044060 044110  044180 044190  044020  044070  044010  044170  SHEPARD-LN- 044140 044040  SUBJECTPARCEL 044210  044260  044160  044200  022020  044030  044050  044120 Legend Subject Parcel Parcel Boundaries Polk City Boundary Polk County Future Land Use RS- Residential- Suburban RL-1- Residential-Low1 ApiauunaResdemlalRun Polk City Zoning CC-X- Convenience Center- Special ProtectionA Area 0331 RS-X-F Residential Suburban- Special ProtectionArea  044250  033150 033140 033080  011010  50 1p0 200,331300 400  Feet  Page 13of21  Overview Report - 9600 SR 33F Futurel Land Use Map/ Amendment: and Rezoning  February 20, 2024    ZONING MAP-I PROPOSED  043100  043020 ASON-LN-04306 044060 044110  021040 022010 022070 022060 022040 022030  043090  044180 044190  044020  044070  044010  044170  SHEPARD-LN- 044040  SUBJECT PARCEL: Reshueifal Suburban-X  044260  044160  044200  022020  044030  044050  044120 Legend Subject Parcel Parcel Boundaries Poik City Boundary Polk County Future Land Use RS- Residential-s Suburban RL-1- Residential-Low1 AprioumtualResidemta-Rua Polk City Zoning CC-X- Convenience Center- Special Protection/ Area 0334 RS-X- Residential Suburban- SpecialF Protection/ Area  044250  033150 033140 033080  011010  50_1p0 200n3300 400  Feet  Page 14of21  Overview Report - 9600 SR:3 33Future Land Use Map Amendment: and Rezoning  February 20, 2024    Proposed Amendment: # Reccipt: # Small Scale? ( 10acres) YESONOO)  Fcc: $  CITY OFI POLK CITY  APPLICATION FOR: FUTURELAND USE MAP AND/OR. ZAONING AMENDMENT  City ofPolk City Planning Services POE Box 1139 Polk City.Florida: 33868 Phone: 863-984-1375  ROROPPICEUREONIY DATERECEVED RECEIVEDBY: PaZHEFARINI GTRARMTTALHAAN (SS)DIRSTE READING: ADOFTONIEARINS PHONE:  APPLICANTNAME Dwayne Prestage  863-206-3420  ADDRESS: AGENT NAME: ADDRESS:  339 Tavares Rd Polk Ciry.FL.3 33868 (Encinse Lotcr af Autheriratinn fmme oyna(s))  PHONE: PHONE:  OWNERI NAME: DPERECTORS. LLC (Enckose Proofo ofOwmerhipcie pholocopy ufDeed, Tuxb Receipo ADDRESS: 9600N. Hwy 33 Polk City.F1.33868 REQUEST DCA REVIEW: C)YES ()NO ()N/A #ofaces: SUMMARY ANDLOÇATION OF PROPOSED. AMENDMENT:  863-206-3420  Legal description attached()  96001 N Hwy 33, Polik City, FI. 33868  JUSTIFICATIONOFI PROPOSED AMENDMENT:  EXISTINGFUTURELANDUSE: CC  CURRENT ZONING: Commercial  Page 15of21  Overview Report - 9600 SR 33F Future Land Use Map/ Amendment and Rezoning  February 20, 2024    PROPOSEDFUTUREI LANDI USE: Resident  PROPOSED: ZONING: Besidential  DESCRIPTION OF EXISTINGLAND USES ON1 THE SUBJECTI PROPERTY:  Vacent  DESCRIPTION OF EXISTINGLANDI USES SURROUNDING THE: SUB/ECTI PROPERTY:  Residential  PROPOSED USE OF1 THB SUBIECT! PROPERTY (DEVELOPMENTI DESCRIPTION, SCHEDULE, ANDPHASES):  Build abouse ors setp doublewider mobile! home.  MAXIMUMA ALLOWABLE DENSITY UNDERI EXISTINGFUTURE LANDI USE1 MAPI DESIGNATION:  MAXIMIM. ALLOWABLEDENSINY UNDER PROPOSEDFUTURELANDUSEMAFDESIGNATIONE  The above application for an amendmens tot the City ofPolk City's sComprchensive Plani iss sbmitted for the Ciry'sreview by thel legal  owner(s) ofthe property subject tot thet request, whose name(s) and siguature(s) follows:  (Pleaset type or printr names) Name: Signature: Dale: IfOther Owners: Nane: Signature: Dated:  Prestage B Ag Llu/zes  2  Page 16of21  Overview Report - 9600 SR 33F Future Land Use Map Amendment: and Rezoning  February 20, 2024    City of Polk City  123Broadway! BNd, SE . PokChy, Roride3 3386a . (863,984-31375 . Fxx/863,9842334 Application for Zoning or for Rezoning of Property  Applicant  The following information is required for submission of an applicationi for assignment of ai Zoning District int the City or the Rezoning of property int the City Nimits of Polk City. Florida. Please print or type the required information below. Attach three copies of the current survey of subject property çertified to the Citys of Polk City along with an aerial photograph and location map. Maiing Address: 339 Tavares Rd. Polk City, FL 33868 Phone: 863-206-3420 Name aot Representative, if applicable: Dwayne Prestage Mailing Address: 3391 Tavares Rd. Poik City, FL 33868 Reason for Request: top put amobile home or build a house ont the property Property Address or General Location: 9600 Highwey 33 North Poik City, FI. 33868  Name of Property Owner,  DPERECTORS  Phone: 863-206-3420  Property Identification  Present Use of the Property:. VacantLot Existing Structures! Located ont the Siter None Total Acreage: Parcell LD.#: 252831000044210 Section: 31  1.44  Number of Residents on Sile: None  Eest  Township: 26 Sovfh  Range: 25  Legal Description oft the Property: 515BFTOFN 68468FTOFS SWIA4 CFS SWIA4WO OF SR3 338LFSS MAINTRWFOR ONESIGERUAIESSION ATS SWCORT OF SECRUNNEEPEEZ ALGWLINES OFS SWOF SVMS 54773FT N89 2049E 2140FTT TOE COUNTY MAINTAINEDR RALINE OF VOYLESLOOP RRFORE POB OSBSTWAGERVINE 25POFTNOD320AN/ ALGES RMLNF 9997FT NOO3 38-56W ALGEE RWUNE 3013FT N89-20-49E 1500FT8003249E  158. COFT $89-20-49NV 15500FTT TOPOR Current City Zoning Classifioation: Current Future Land Use Classification: Cc-X Requesled City Zoning Classification R-I Single Family Note: Unkous apecific zoning designations arer requested. the CRy wd asign designations, which mest closely conlorm wth the actual use df the property orv with designations afs surounding properties. An applicatian fee w that bee essessod alowed undes only ons the requests Counly for land LSA and zaning changes which resuR ina an incrossei in land usec ar zoningi intonsily overt  Planning and Zoning Information CC-X- Convenience Center  Residental  derignetions.  Date Received: Mal3 Fee Paid: yes  Received By: KuD File Number:  Page 17 of21  Overview Report - 9600 SR: 33 Future Land Use Map Amendment and Rezoning  February: 20, 2024    City of Polk City page 2  Zoning/Re-Zoning Application  OWNER'S SIGNATURE PAGE (1) (We_ DPE ERECTORS  being duly swom,  depose and say that () (we) own one or more of the properties invoived in this petition and that ( (wa) authorlze the City of Polk Cily to process this petition for Zoning or Re-zoning, in accordance with all adopled City rules and regulations, and in conformance with State Further () (we) or any agent or lessee of the subject property authorized Dy (me) (us) to file this petitlon, deposes and say that the statements and answers contained in the application and any Information atlached thereto, present the arguments in behalf of this petition to the best of (my) (our) ability; and that the slatements and information referred to above are in all respects true and correct tot the best of (my) (our) knowledge and bellef.  law.  OWNERS Signature of Owner Printed Dwayne Name Prestage of Owner Signature of Owmer Prinbed Name dfOner STATE OF FLORIDA COUNTY OF POLK  Beepe fnlg "a/20z3  Signature of Owner Primed Name of Owner Signature of Owner Printed Name of Owner  OWNER'S NOTARIZATION  The foregoing instrument was acknowledged before me this 2 day of parsonally known to me or who has produced a driver's license as identification and who did  nolemoas 2003. by. Resholumype  whoi is  not take an oath.  WANDA COLON NotanyPublc Stated Comm! dff Florida HH334406 Bgiras 11/21/2026  Coht  lonaa Notary Public Notarial Seal and Commission Expiration Date  Page 180 of21  Overview Report - 9600 SR3 33 Future Land Use Map/ Amendment and Rezoning  February 20, 2024    URE ws  v6v2anzp BGAF  IPE  AEACHARF CONFINDE/ION BOLNDARYE AEQOAGAPDA Nad TOROGRAPMI PONAE ey Aran ROMGM  SURVEY Page 19of21  Overview Report - 9600 SR 33F Future Land Use Map Amendment: and Rezoning  February: 20, 2024    Page 20 of21  Overview Report -9600 SR: 33 Future Land Use MapA Amendment and Rezoning  February. 20, 2024    Page 21 of21  Overview Report - 9600 SR 33Future Land Use Map Amendment: and Rezoning  February 20, 2024    City Commission Meeting February 20, 2024  AGENDA ITEM #2:  Ordinance 2024-02: Rezoning in the Green Swamp Area of Critical  State Concern  INFORMATION ONLY X ACTION REQUESTED  ISSUE:  Ordinance 2024-02 - Rezoning in the Green Swamp Area of Critical State Concern is an applicant- initiated rezoning in the Green Swamp Area of Critical State Concern "X" to change the zoning from Convenience Center-X (CCX) to Residential Suburban-X (RSX) on approximately 1.44 acres in Polk  City, located at 9600 SR 33 (Parcel number 252831-00000044210) First Reading  ATTACHMENT: Ordinance 2024-02 CFRPC Staff Report ANALYSIS: structure.  The applicant is requesting these amendments as they would like to utilize the site to build a residential This item was presented at the. January 8, 2024 Planning Commission Meeting and approved toi forward  on to the City Commission for final approval. This is a companion Ordinance to Ordinance 2024-01.  This item will be transmitted to Florida Commerce for a 30-day State Review. Ifti there are no changes, Ordinance 2024-02 will be presented for Second and Final Reading no later than May 2024.  Polk City's Business Impact Statement is attached.  STAFF RECOMMENDATION:  Approve Ordinance 2024-02 on First Reading    ORDINANCE 2024-02  AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF POLK CITY, FLORIDA TO CHANGE THE ZONING FOR APPROXIMATELY 1.44 ACRES LOCATED AT 9600 STATE ROAD 33 (PARCEL NUMBER: 252631- 000000-044210) FROM CONVENIENCE CENTER-X (CCX) TO RESIDENTIAL SUBURBAN-X (RSX) IN THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CONFLICTS, CODIFICATION AND AN  EFFECTIVE DATE.  NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF POLK SECTION 1. FINDINGS AND INTENT. In adopting this Ordinance, the City Commission of Polk City, Florida hereby makes the following legislative findings and  CITY, FLORIDA:  intent:  (1) The City Commission of Polk City held meetings and hearings regarding the parcels show on Exhibit" "A", with due public notice having been provided, to obtain public comment, and considered all written and oral comments received during public hearings,  including supporting documents.  (2) The City has followed all statutory and Code requirements for noticing and advertising this rezoning Ordinance and public hearings associated with the rezoning. (3) Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impact estimate pursuant to S 166.041(4)(C), and  determined that adoption of this ordinance:  (1) serves a public purpose by serving the public health, safety, morals, and (2) has no direct negative economic impact on private, for-profit businesses in the (4) does not impose any new charge or fee or businesses for which businesses (5) does not create any additional municipal regulatory cost which is not recovered (4) The City Commission has received public input on the rezoning and a (5) The City Commission of Polk City finds that the applicants have met the criteria for rezoning under the City's land development regulations and that rezoning will  welfare of the City, city,  (3) will not result in direct compliance costs by businesses,  will be financially responsible, appropriately and lawfully by the City.  recommendation from staff.  not adversely affect the public interest.  1    (6) In exercise of its authority, the City Commission has determined it necessary to amend the Official Zoning Map to change the City zoning classification  assigned to this property.  SECTION: 2. ZONING AMENDMENT: The official zoning map of Polk City is amended so as to assign the City Zoning Classification of RSX (Residential Suburban-X) on approximately 1.44 acres of land located at 9600 State Road 33 (Parcel Number 252831-0000.0A4210, in the Green Swamp Area of Critical State Concern, as shown  on Exhibit "A" attached hereto.  SECTION3. BUSINESS IMPACT ESTIMATE. Pursuant to Section 166.041(4), Florida Statutes, Polk City is required to prepare a business impact estimate for certain proposed ordinances. This proposed ordinance rezones property in accordance with the owner's proposed use related to a voluntarily annexation of land into Polk City. Such an amendment to the City's Plan (1) serves a public purpose by serving the public health, safety, morals, and welfare of the City, (2) has no direct negative economic impact on private, for-profit businesses in the city, (3) will not result in direct compliance costs by businesses, (4) does not impose any new charge or fee or businesses for which businesses will be financially responsible, and (5) does not create any additional municipal regulatory cost which is not recovered appropriately and lawfully by the City. Thus, it is estimated that neither residents nor any business will incur additional costs. The City does not seek to impose any additional user or regulatory fees or charges, nor are any direct compliance costs expected. The Business Impact Estimate form for this  ordinance is on file with the City Clerk.  SECTION4. SEVERABILITY If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain  in full force and effect.  SECTION5. CONFLICTS. All ordinances in conflict herewith are hereby repealed to the extent necessary to give this Ordinance full force and effect, provided however, that nothing herein shall be interpreted so as to repeal any existing ordinance or resolution relating to means of securing compliance with the City's Land Development Code (LDC),  unless such repeal is explicitly set forth herein.  SECTION 6. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances of Polk City, Florida. A certified copy of this enacting ordinance shall be located in the Office of the City Clerk of Polk City. The City Clerk shall also make copies  available to the public for a reasonable publication charge.  SECTION 7. EFFECTIVE DATE: This ordinance shall not take effect unless and until Ordinance 2024-1 adopting the companion future land use map amendment to this  rezoning becomes final and non-appealable.  2    INTRODUCED AND PASSED on FIRST READING, this day of  2024.  POLK CITY, FLORIDA  Joe LaCascia, Mayor APPROVED AS TO FORM AND CORRECTNESS:  ATTEST:  Patricia Jackson, City Manager/Clerk  Thomas A. Cloud, City Attorney  PASSED AND DULY ADOPTED ON SECOND READING, with a quorum present and voting by the City Commission of Polk City, Florida meeting in Regular Session this  day of ATTEST:  2024.  Joe LaCascia, Mayor  Patricia Jackson, City Manager/Clerk  3    ORDINANCE NO. 2024-02 EXHIBIT "A"  ZONING MAP-I PROPOSED  043020 SON-LN-904 044060 044110  021040 022010 022070 022060 022040 022030  043090  043100  044180 044190  044020  044070  044170  044010  SHEPARD-EN- 0441-40 044040  SUBJECTPARCEL Resrabital: Suburban-X  044260  044160  044200  022020  044030  044050  33  044120  044250  Legend Subject Parcel Parcel Boundaries Polk City Boundary Polk County Future Land Use RS- Residenlia-Sububan RL-1 Residential-L -Low1 PoriaulvaResdemla-Rua Polk City Zoning  033150 033140 033080  011010  0 50_100 20003a1300 400  CC-X- Convenience Center- Special Protection/ Area RS-X- Residential Suburban- Special Protection/ Area  Feet  0333  4    EXHIBIT B  Business Impact Estimate  This form should be included ini the agenda packet fort the item under which the proposed ordinance isto be considered and must be, posted on Polk City's website by the time notice oft the proposed ordinance  is published.  Proposed ordinance's title/reference:  ORDINANCE 2024-02: AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF POLK CITY, FLORIDA TO CHANGE THE ZONING FOR APPROXIMATELY 1.44 ACRES LOCATED) AT 9600 STATE ROAD33 (PARCEL NUMBER 252831.0000044210) FROM CONVENIENCE CENTER-X (CCX) TO RESIDENTIAL SUBURBAN-X (RSX) IN THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; PROVIDING FOR A BUSINESS IMPACT ESTIMATE,  SEVERABILITY, CONFLICTS, CODIFICATION AND AN EFFECTIVE DATE.  This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means Polk City is of the view that a business impact estimate is not required by state lawl for the proposed ordinance. If no boxes are checked, the Business Impact Estimate Requirements Section will be completed. Polk City may, in its own discretion, determine to perform a Business Impact Estimate for ordinances exempted per Florida Statutes. This Business Impact Estimate may be revised following its initial REASON EXEMPTED FROM BUSINESS IMPACT ESTIMATE REQUIREMENTS  posting.  The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the adoption of budgets or budget amendments, The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance  regulation;  The proposed ordinance relates to the issuance or refinancing of debt; including revenue sources necessary to fund the budget;  accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or The proposed ordinance is enacted toi implement the following: development agreements and development permits;  a. PartllofChapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders,  1    b. Sections 190.005 and 190.046, Florida Statutes, regarding community development C. Section 553.73, Florida Statutes, relating toi the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.  districts;  See Section 166.041(4)(c), Florida Statutes.  BUSINESS IMPACT ESTIMATE REQUIREMENTS  Ina accordance with the provisions of controlling law, even notwitnstanding the fact that an exemption noted above may apply, Polk City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, The ordinance will change the Zoning from Convenience Center-X (CC-X) to Residential Suburban-X. Although exempt under the statute, the City has nevertheless in its sole discretion performed al business impactestimate pursuant to S - 166.041(4)(C), Florida Statutes, and determined that adoption of this (1) serves a public purpose by serving the public health, safety, morals, and welfare (2) has no direct negative economic impact on private, for-profit businesses in the (4) does not impose any new charge or fee or businesses for which businesses will (5) does not create any additional municipal regulatory cost which is not recovered Thus, it is estimated that neither residents nor any business will incur additional costs. The City does not seek to impose any additional user or regulatory fees or charges,  such as serving the public health, safety, morals and welfare):  ordinance: oft the City, city,  (3) will not result in direct compliance costs by businesses,  be financially responsible,  appropriately and lawfully by the City.  nor are any direct compliance costs expected.  2    2. Ane estimate of the direct economic impact of the proposed ordinance on private, for- (a) An estimate of direct compliance costs that businesses may reasonably (b) Any new charge or fee imposed by the proposed ordinance or for which (c) An estimate of Polk City's regulatory costs, including estimated revenues from  profit businesses in Polk City, if any:  incur;  businesses will be financially responsible; and any new charges or fees to cover such costs.  3. Good faith estimate of the number of businesses likely to be impacted by the proposed  ordinance:  4.A Additional information the governing body deems useful (if any):  [Youmay wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: Polk City's staff solicited comments from businesses in Polk City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on Polk City's website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and,  therefore, the proposed ordinance does not affect only businesses).  3    POLK CITY OVERVIEW REPORT February 20, 2024  FUTURE LAND USE MAP AMENDMENT & REZONING  TO: FROM:  POLK CITY CITY COMMISSION  CENTRAL FLORIDA REGIONAL PLANNING COUNCIL  SUBJECT: Ordinance 2024-01: Future Land Use Map Amendment in the Green  Swamp Area of Critical State Concern: A applicant-intiated Future Land Use Map Amendment in the Green Swamp Area of Critical State Concern "X" to change the Future Land Use from Convenience Center-X (CCX) to Residential Suburban-X (RSX) on approximately 1.44 acres in Polk City, located at 9600 SR33 (Parcel number 252835-000044210, Ordinance 2024-02: Rezoning in the Green Swamp Area of Critical State Concern: An applicant-initiated rezoning in the Green Swamp Area of Critical State Concern "X" to change the zoning from Convenience Center-X (CCX) to Residential Suburban-X (RSX) on approximately 1.44 acres in Polk City, located at 9600SR33 (Parcel number 252631-000000-  044210).  AGENDA AND HEARING DATES: January 8, 6:00 PM: February 20, 7:00 PM: April/May 2023, 7:00 PM: ATTACHMENTS: Aerial Photo Map Existing Future Land Use Map Proposed Future Land Use Map Existing Zoning Map Proposed Zoning Map Applications  Planning Commission (Public Hearing) Transmittal Hearing Period  Transmit to Florida Commerce for 30 Day State review  Second Reading - Adoption Hearing  Overview Report 9600 SR 33F Future Land Use Map Amendment: Page 1of21 and Rezoning  February: 20, 2024    PLANNING COMMISSION MOTIONS:  Future Land Use Map Amendment Motion Options:  At their. January 8, 2024 meeting, the Planning and Zoning Board voted to recommend approval of the Future Land Use Map amendment from CCX to RSX to the City  Commission.  Rezoning Motion Options:  At their. January 8, 2024 meeting, the Planning and Zoning Board voted to recommend approval of the Future Land Use Map amendment from CCX to RSX to the City  Commission.  CITY COMMISSION MOTION OPTIONS:  Future Land Use Map Amendment Motion Options:  1. Recommend approval of the Future Land Use Map amendment from CCX to 2. Recommend denial of the Future Land Use Map amendment from CCX to RSX  RSX to the City Commission. to the City Commission. 3. Continue to a date and time certain. Rezoning Motion Options:  1. Recommend approval of the Future Land Use Map amendment from CCX to 2. Recommend denial of the Future Land Use Map amendment from CCX to RSX  RSX to the City Commission. to the City Commission. 3. Continue to a date and time certain.  OVERVIEW: Applicant/Owner Agent Parcel ID Subject Area Existing Future Land Use Proposed Future Land Use Overview Report - 9600 SR3 33Future Land Use Map  DP Erectors Dwayne Prestage 252831-0000.044210 +1-1.44 acres  Convenient Center-X (CCX) (Green Swamp) Residential Suburban-X (RSX) (Green Swamp)  Amendment: Page 20f21  February: 20, 2024  and Rezoning    Existing Zoning Proposed Zoning  Convenient Center-X (CCX)(Green Swamp) Residential Suburban-X (RSX) (Green Swamp)  The applicant is requesting a Future Land Use Map Amendment and rezoning to change the Future Land Use and zoning of a +/- 1.44 acre parcel in the Green Swamp Area of Critical State Concern "X" from the Future Land Use of Convenient Center-X (CCX) and the zoning of Convenient Center-X (CCX) to Residential Suburban-X (RSX). The subject  parcel is located at 9600 SR33. See attached Location Map. BACKGROUND & REASON FOR REQUEST:  The applicant is requesting these amendments as they would like to utilize the site to  build a residential structure.  STANDARDS FOR EVALUATING FUTURE LAND USE AND ZONING CHANGES: The Polk City Planning Commission will provide recommendations, and the City Commission will make a final motion to accept, reject, modify, return, or continue to seek additional information on all proposed Future Land Use and zoning changes. The review Consistency with the Comprehensive Plan and Land Development Code.  shall be considered and evaluated against the following standards:  Land Use Compatibility. Public Facilities and Services Analysis.  CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE: The Future Land Use Map amendment is consistent with the Polk City Comprehensive Plan. The change in Future Land Use for the property will permit the property owner to develop the land while meeting all State and local requirements related to the Green Swamp Critical State Concern. The Zoning amendment is consistent with the existing Future Land Use. The request is to change the Future Land Use from Polk County Convenience Center (CCX) and the zoning of Polk County CCX to City Future Land Use of Convenience Center X and City Zoning of Convenience Center X. Descriptions for the existing and proposed Future Land Use and zoning designations are provided  as follows:  Existing - Future Land Use  Polk City Comprehensive Plan, Future Land Use Element, Policy 4.4.B Convenience Center: Convenience Centers are intended to accommodate the convenience-shopping needs of residents living within the immediate surrounding area. The CCX district permits non-residential  Amendment Page 3of21  February: 20. 2024  Overview Report- - 9600 SR33Future Land Use Map/  andF Rezoning    uses such as offices, convenience stores, gas stations, dry cleaners and community facilities. The maximum floor area ratio shall not exceed 0.25. Convenience Centers shall be located at the intersections of arterial and/or collector roads. There shall be a one (1). mile traveling distance within the Polk City SPA on public roads between the center ofa Convenience Center and the center of any other Convenience Center, or other higher level Activity Center or Linear Commercial Corridor providing for the same convenience shopping needs. This required separation may be reduced if: a) The higher-level. Activity Center orl Linear Commercial Corridor within the required distance separation is over 80% developed; or, b) the proposed Convenience Center market-area radius, minimum population support is  over 5,000 people. Useable Area Gross Leasable Area Minimum Population Support Market-Area radius Typical Leading Tenant Other Typical Tenants criteria: i. ii.  1to 5 acres 3,000 to 20,000 square feet 2,500 to 5,000 people  1mile Convenience Store Station, Office  Laundry, Dry cleaning, Barber, Restaurant. Gas  Development within a Convenience Center shall conform to the following Convenience Centers shall have frontage on, or direct access to, an arterial or collector roadway, or a frontage road or service drive that Different uses within a Convenience Center shall incorporate the use of frontage roads or shared ingress/egress facilities wherever iii. Adequate parking shall be provided to meet the demands of the uses, and interior traffic circulation patterns shall facilitate the safe movement of vehicular, bicycle, and pedestrian traffic. iv. Buffering shall be provided where the effects of lighting, noise, odors, and other such factors would adversely affect adjacent land uses. Parking lots, loading areas, dumpsters, utilities and air conditioning units, signage, etc., are examples of facilities that may Residential uses shall not be permitted in Convenience Centers. vi. Offices uses shall not exceed 40 percent of the total area within the convenience center. Commercial uses may constitute 100 percent  directly serves an arterial or collector roadway.  practical.  require special buffering provisions.  V.  of the convenience center.  Overview Report - 9600 SR 33Future Land Use Map Amendment: Page4of21 and Rezoning  February 20, 2024    Proposed- - Future Land Use  Polk City Comprehensive Plan, Future Land Use Element, Policy 4.4.D  Convenience Center:  d.  Residental-Suburpan (RSX).  The Residentia-Suburpan  classification provides areas for suburban-density, residential development to promote the proper transition of land from rural to urban uses. Residentia-Suburpan areas shall be developed at densities up to and including one dwelling unit per five acres (1 DU/5 AC). Development within designated RSX areas shall be limited to: a) residential development containing single-family dwelling units, duplex units, and family care homes; b) agricultural support uses; c) community facilities; and, d) elementary, middle, and high schools.  Existing. = Zoning  Polk City Land Development Code, Section 3.12.02.08(2) = CCX Convenience Centers: Convenience Centers X are intended to accommodate the convenlence-snopping needs of residents living within  the immediate surrounding area.  Table3 3.19- Convenience Centers Usable Area  Useable Area Gross Leasable Area (GLA) Minimum Population Support Market-Area radius Typical Leading Tenant Other Typical Tenants  1to5 5 acres 3,000 to 20,000 square feet 2,500 to 5,000 people 1r mile Convenience Store Laundry, Dry cleaning, Barber, Restaurant. Gas Station, Office  Convenience Centers shall be located at the intersections of arterial and/or collector roads. There shall be the following traveling distance, on public roads, between the center of a Convenience Center and the center of any other Convenience Center, or other higher-level Activity Center, Linear Commercial Corridor, or Commercial Enclave providing for the same convenience shopping needs: a. One (1) mile within the Polk City Special Protection Area. This required separation may be reduced if: The higher-level Activity Center, Linear Commercial Corridor or Commercial Enclave within the required distance separation is over 80% The proposed Convenience Center market-area radius, minimum  developed; or,  population support is over 5,000 people.  Amendment: Page 5of21  February 20, 2024  Overview Report- - 9600 SR 33Futurel Land Use Map  and Rezoning    Development within a Convenience Center shall conform to the following a) Convenience Centers shall have frontage on, or direct access to, an arterial or collector roadway, or a frontage road or service drive that b) Different uses within a Convenience Center shall incorporate the use of frontage roads or shared ingresslegress facilities wherever c) Adequate parking shall be provided to meet the demands of the uses, and interior traffic circulation patterns shall facilitate the safe movement of vehicular, bicycle, and pedestrian traffic. d) Buffering shall be provided where the effects of lighting, noise, odors, and other such factors would adversely affect adjacent land uses. Parking lots, loading areas, dumpsters, utilities and air conditioning units, signage, etc., are examples of facilities that may e) Residential uses shall not be permitted in Convenience Centers. Offices uses shall not exceed 40 percent of the total area within the convenience center. Commercial uses may constitute 100 percent 9) The maximum floor area ratio shall not exceed 0.25 unless h) Planned Unit Developments within the Convenience Center may be permitted a maximum floor area ratio up to 0.50. Intensity increases shall only be awarded to innovative, efficient, and compatible Planned Unit Development proposals that are consistent with the general district characteristics. Such Planned Unit Developments shall also be designed to be compact and require less land area than  criteria:  directly serves an arterial or collector roadway.  practical.  require special buffering provisions.  f)  of the convenience center.  developed as a Planned Unit Development.  other alternatives.  Proposed-Zoning  Polk City Land Development Code, Section 3.12.02.08(2) - RSX Residential-Suburban (RSX): The Residential-Suburpan classification is characterized by single-family dwelling units and duplex units. Residential- Suburban areas shall be developed at densities up to, and including, 1 DU/5. AC. Development within designated RS areas shall be limited to: a) residential development containing single-family dwelling units, duplex units, and family care homes, at a density of up to, and including, one dwelling unit per five acres (1 DU/5 AC); b) elementary schools; c) middle schools with the approval ofa Conditional Use ori its functional equivalence in accordance with policies of this Plan; and, d) residential infill development that contains single-family or duplex-style development and  isl located amongst an existing residential community.  Future Land Usel Map  Amendment Page 6of21 andF  February 20, 2024.  Overview Report - 9600 SR: 33F  Rezoning    LAND USE COMPATIBILITY  The parcels to the south, east, and part of the north are in unincorporated Polk County. These parcels include Agriculture/Rural Residential and Residential Suburban Future Land Use. The parcels include single family homes and mobile homes. The parcel to the west and partially to the north are located in Polk City. The parcel to the east has Residential Suburban-X Future Land Use and Zoning and includes a mobile home. The northern parcel in the City has a Commercial Convenience-X (CCX) Future Land Use and is vacant. The subject parcel is surrounded by a single family homes including mobile homes. The adjacent parcels consist of single-family homes, Vacant Land and Commercial. The Land Use Matrix below outlines the existing and proposed Future Land Use and zoning of the subject parcel, the existing Future Land Use and zoning of adjacent properties, and the existing land use oft the subject parcels and adjacent properties. Proposed Future Land Use and Zoning Maps are also provided for reference.  Land Use Matrix North Future Land Use: Agriculture/Rural Residential Zoning: (County) and CCX Existing Land Use: MH (County) and vacant (City) Subject Parcels Future Land Use: Existing: CCX Proposed: RSX Zoning: Existing: CCX Proposed: RSX Land Existing Use: Vacant South Future Land Use: Agriculture/Rural Residential Zoning: (County)  Northwest  Northeast  Future Land Use: ROW and Residential Suburban (County) Zoning: Residential Suburban ROW and (County) Existing Land Use: Single Family - Mobile Home Future Land Use: ROWa and Residential Suburban (County) Zoning: ROWand Residential Suburban (County) Land Use: Existing Single Family Southeast Future Land Use: ROW and Residential Suburban (County) Zoning: ROWand Residential Suburban (County) Land Use: Existing Single Family = Mobile Home  Future Land Use: Zoning: Existing Land Use: Single Family Future Land Use: Residential Suburban-X (RSX) Zoning: Residential Suburban-X (RSX) Existing Land Use: Single Family - Mobile Home Future Land Use: Zoning: Existing Land Use: Multiple Single-Family Homes  Agriculture/Rural Residential (County) (County) and CCX Agriculture/Rural Residential (County) Agriculture/Rural Residential  West  East  Southwest  Agriculture/Rural Residential (County) (County) Agriculture/Rural Residential (County) Agriculture/Rural  Residential Land Use: Multiple Existing Single-Family Homes Page 7of21  20, 2024 February  Overview Report - 9600 SR 33Future Land Use Map Amendment and Rezoning    Table 1 includes the density for the existing and proposed Zoning designations for  the property.  Table 1: Existing FLU: CCX (1.44 acres)  Analysis of Impacts from Proposed Future Land Use Change  Proposed FLU: RSX (1.44acres)  Density/ntensily Density Potential Difference  ODU/Acre (FAR0.25) ODus (15,681sf)  1DU/acre 1DUS  Decrease of 15,681 sfr non-residential and Increase of1 DU  Table 2: Existing Zoning: CCX (1.44 acres)  Analysis of Impacts from Proposed Zoning Change  Proposed Zoning: RSX (1.44acres)  Density Density Potential Difference  ODU/Acre (FAR 0.25) ODus (15,681 sf)  1DU/acre 1DUS  Decrease of 15,681 sf non-residential and Increase of1 DU  Development oft the site as single-family is consistent with the surrounding property  and serves as in-fill development.  PUBLIC FACILITIES AND SERVICES ANALYSIS: Potable Water and Wastewater  The City has capacity in both systems to serve development of this property.  Water and Sewer are located in the SR 33 right-of-way.  Traffc/Transportation  The site is accessed via State Road 33. This is a state-maintained right-of- way. The Florida Department of Transportation will have to issue the  driveway permit for the property. Environmental Impacts  The site is located in the Green Swamp Area of Critical State Concern.  Amendment: Page 8of21  February 20, 2024  Overview Report - 9600 SR: 33F Future Land Use Map/  andF Rezoning    School Impacts application.  School concurrency will have to be completed with any project review  Overview Report 9600 SR33Future Land Use Map Amendment: Page 90f21 and Rezoning  February 20, 2024    LOCATION MAP  SHEPARDEN  SUBJECTPARCEL  011010  Legend Subject Parcel Parcel Boundaries Polk CityE Boundary  Soss a4 MaLsKlFsy GAAAsAaERPSE usa Cooully  Page 10of21  20. 2024 February  Overview Report - 9600 SR 33F Future Land Use MapA Amendment: and Rezoning    FUTURE LAND USE MAP-EXISTING  043020 ASON-LN-B60 044060 044110  021040 022010 022070 022060 022040 022030  043090  043100  044180 044190  044020  044070  044170  044010  SHEPARD-LN- 044040  SUBJECT PARCEL 044210  044260  044160  044200  022020  044030  044050  044120  044250  Legend GRI Subject Parcei Parcel Boundaries Polk City Boundary Polk County Future Land Use RS- Residentia-Suburban RL-1- Residenlial-Low1 AprsutuaRestema-Run Polk City Future Land Use CC-X- Convenience CenterX Unassigned RS-X- Residential Suburban-X  033150 033140 033080  011010  033030  50_1D0 200,331300 400  Feet  033200  Page 11 of21  February 20, 2024  Overview Report 9600 SR3 33F Future Land Use Map/ Amendment and Rezoning    FUTURE LAND USE MAP-PROPOSED  043020 ASON-L-N-360 044060 044110  021040 022010 022070 022060 022040 022030  043090  043100  044180 044190  044020  044070  044010  044170  SHEPARD-LN- 04 044040  SUBJECT PARCEL 044210  044260  044160  044200  022020  044030  044050  044120  044250  Legend GRI Subject Parcel Parcel Boundaries Polk City Boundary Polk County Future Land Use RS- Residential-Suburban RL-1- Residenlial-Low1 PprioutuaResdertia-Run Polk City Future Land Use CC-X- Convenience Center) X Unassigned RS-X- Residential Suburban-x  033150 033140 033080  011010  033030  50.1D0 2000331300 400  Feet  033200  Page 12of21 Amendment: and Rezoning  February: 20, 2024  Overview Report - 9600 SR: 33F Future Land. Use Map    ZONING MAP- EXISTING  043020 ASON-LN-649M0 04406D 044110  021040 022010 022070 022060 022040 022030  043090  043100  044180 044190  044020  044070  044010  044170  SHEPARD-LN- 04414 044040  SUBJECT PARCEL 044210  044280  044160  044200  022020  044030  044050  044120 Legend Subject Parcel ParcelE Boundaries Polk City Boundary Polk County Future Land Use RS- Residential- Suburban RL-1 Residential-Low1 groulvalResoeauna Polk City Zoning CC-X- Convenience Center- SpecialF ProtectionA Area 0334 RS-X- Residential Suburban- Special ProtectionA Area  044250  033150 033140 033080  011010  50_1p0 200mar3p0 400  Feet  Page 13of21  Overview Report - 9600 SR3 33F Future Land Use Map Amendment andF Rezoning  February 20, 2024    ZONING MAP-PROPOSED  043020 ASON-LN-s04e 044060 044110  021040 022010 022070 022060 022040 022030  043090  043100  044020  044190  044070  044170  044010  SHEPARD-LN- 04 044040  SUBJECT PARCEL Resuedal: Suburban-x  044260  044160  044200  022020  044030  044050  044120 Legend Subject Parcel Parcel Boundaries Polk City Boundary Polk County Future Land Use RS- Residential- Suburban RL-1 Residential-L Low1 priovalResdenia-Run Polk City Zoning CC-X- Convenience Center Special ProtectionA Area RS-X- Residentials Suburban- Special ProtectionArea 0331  044250  033150 033140 033080  011010  400 Feet  50_1D0 20033300  Page 14of21  February 20, 2024  Overview Report - 9600 SR: 33F Future Land Use Map/ Amendment and Rezoning    Proposed Amendment # Reçcipt: # Small Scalc?(s 10 acres) YESONOO  Fce $  CITYOFI POLK CTTY  APPLICATION FORI FUTURE LANDI USE! MAP ANDOR ZONING AMENDMENT  City ofPolk City Planning Services PO Box 1139 Polk City.Florida: 33868 Phone: 863-984-1375  FOROFFICET USEONI.Y DATE RECEVEDBY RECEIVED Pa/HEARINL GSTRANSMGTIAIFAKIN, (SSFIRST READING: AIXITIONIEARING PHONE:  APPLICANTI NAME Dwayne Prestage  863-206-3420  ADDRESS: AGENT NAME: ADDRESS:  339 Tavares Rd Polk City. FL. 33868 (Fnclose Tcter nf Authariralinn! fme ewnes))  PHONE: PHONE:  OWNER NAME: DPI ERECTORS. LLC (lnckse I"sof ofOwaenstup ie phokops ufDead. Tac Recepo ADDRESS: 96001 N. Hwv 331 Polk City.FI. 33868 REQUEST DCA REVIEW: C)YES ()NO ()N/A *ofacres: SUMMARY ANDLOÇATHON OF PROPOSED. AMENDMENT:  863-206-3420  Legal descriptions attached()  9600 N. Hwy 33, Polk City, FL. 3386B  JUSTIFICATION OF PROPOSHD AMENDMENT  EMASTINGFUTURELAMDIS: CC_  CURRENT ZONENG. Coounercial  Page 15of21  20, 2024 February  Overview Report - 9600 SR: 33Future Land Use Map Amendment: and Rezoning    PROPOSEDI FUTUREI LAND USE: Resident  PROPOSED: ZONING: Besidential  DESCRIPTION OF EXISTINGLANDI USES ON1 THE SUBJECTP PROPERTY:  Vacent  DESCRIPTION OF EXISTINGLANDUSES: SURROUNDING THE SUBJECTPROPERIY:  Resdential  PROPOSED USE OF1 THE SUBECT PROPERTY (DEVELOPMENT DESCRIPTION, SCHEDULE, ANDPHASES)  Build abouse dr setp doublewider mobilel home.  MAXIMUM ALLOWABLE DENSITY UNDER EXISTINGFUTURE LANDUSEI MAPI DESIGNATION.  MAXIMLM/ ALLOWABLEDENSIT UNDERPROPOSEDF FUTUREI LANDUEMAFTESGMATON:  Thes above application for an amendmes tot the City of Palk Ciy'sCompachenive Plani is submitted for the Ciry'sreviewb byt thel legal  owner(s) oft the praperty atyject tot ther reques, whose name(s) and signature(s) follows:  (Pleaset type or print names) Name: Signature: Dute: IfOuher Owners: Namne: Siynsture: Dated:  Prestage B Ag pl/zoa  2  Page 16of21  Overview Report 9600S SR3 33F Future Land Use! Map Amendment: and Rezoning  February 20, 2024.    City of Polk City  1236 Broacwey FMd, SE . PokCiy, Flonda3 3386B . 1863,984-31375 . Fx,8639842334 Application for Zoning or for Rezoning of Property  Applicant required Name ol Property Owner,.  for submassion of an appicaton for assignment of a Zoning District  The foliowing information is required  the  int the Cily or the Rezoning ol property in the City Mmits of Polk City, Flonda. Please print or typet information below. Attach three copies of the current survey of subject property çertified to the City of Polk City along with an aerial photograph and location map. Maiing Address. 339 Tavares Rd. Polk City, FL3 33868 Phone: 863-206-3420 Name at Representstive, if applicable: Dwayne Prestage Maling Address: 339 Tavares Rd. Polk City, FL 33868 Reason1 for Request: toputamobile home or build a house ont the property Property Address or General Location: 9600Highway 33 North Poik City, FL, 33868  DPE ERECTORS  Phone 863-2963420  Property Identification  Present Use oft the Properly: Vacant Lot Existing Structures Located on me Site: None Total Acreage: Parcell ID#: 25283100004210 Section: 31  Number of Residents on Site: None  1.44 Township  Eest  Range: 25  26 Spvfh  Legal Description of the Property: 5156FTOFN 884.6 68FTOES SWIMCFS SWIWOFS SR3 338LFSS MANTR RMFOR VOYLESL LOGFROKIESSCONA AT SW CORT oF ERKREHECRAES OFS SWMOF SVSTSET N89204 48E 2140FT1 TOF COUNTY MANTANEDRALNEE OF VOYLESLORP RPFORPOBN MOBASWAGERMIAE ZSBOFTN NO0-3204W/ ALGER RAWL LNE 9997FTN NOO 36-56WA ALGER RL LINE 30135TN N89-29-49E 15900FTS $00-32-49E  155 DOFTS $89-2 204 49W1 15500FT1 TOPCH Current City, Zoning Classification: Current Future Land Use Classification: Cc-x Requested City Zoning Classification Note: Unlcss spedne zoningd for lands usa and zonng, changes dengnations. Date Received: 3l3 Fee Paid: yes  Planning and Zoning! Information CC-X- Coavenience Center  R-1 Single  Family Residentiak  designations sre requested. the Cayv wi assign designations. which most coscly conform wtht the  of: surrounding properties An apcacation leey wll be assessed only on requests  actunl use aft the properly or with which designatons resut inani incremei in land use orz zoning intensily over that alowad under the Courty  Received By: KUD File Number:  Page 17of21  February 20, 2024  Overview Report 9600 SR: 33F Future Land Use Map Amendment: and Rezoning    City of Polk City page2  ZoninglRe-Zoning Application  OWNER'S SIGNATURE PAGE () (We_ DPE ERECTORS  being duly 9worn,  depose and say that () (we) own one or more of the properties invohved in this petition and that () (we) authorize the City of Polk City to process this petition for Zoning or Re-zoning. in accordance with all adopted City rules and regulations, and in conformance with State Further (I) (we) or any agent or lessee of the subject property suthorized by (me) (us) to file this petition, deposes and say that the statements and answars contained in the application and any Information attached thereto, present the arguments in behal of this petition to the best of (my) (our) ability; and that the statements and information referred to above are in all respects true and correctt to the best of (my) (our) knowledge and belief.  law.  OWNERS Br Signature of Owner Printed Dwayne Name Prestage of Owner Signature of Owner Printed Name of Owner STATE OF FLORIDA COUNTY OF POLK  hlg "a/2ez3  ofOwner Signature Primed Name of Owner Signature of Owner Printed Name of Owner  OWNER'S NOTARIZATION  The foregoing instrument was acknowledged before me this 2 day of personally known to me or who has produced a driver's license as identification and who did  who is  nodemah 203. byBestneg unye  not take an oath.  Colt  OOLON WANDA Notary Publlc Sutes of Floride MH334406 CommA Expires 11/21/2026  Uonda Notary Public Notarial Seal and Commission Date Expiration  Overview Report - 9600 SR3 33F Future Land Use Map Amendment Page 18of21 and Rezoning  February 20. 2024    = as  VOMASDDP PGA  M AFACHAF CONSTNETON BOUNDARYE  AOOAIGMDY ar TOPOGRAPMN OKA cocvry paurar ROD  SURVEY Page 19of21  February 20, 2024  Overview Report 9600 SR: 33 Future Land Use Map Amendment and Rezoning    8  Page 20 of21  20, 2024 February  Overview Report - 9600 SR 33F Future Land Use Map/ Amendment: and Rezoning    Page 21 of21  February 20, 2024  Overview Report 9600 SR: 33F Future Land Use Map Amendment: and Rezoning    ORDINANCE NO. 2024-01  ANORDINANCE OF POLKCITY, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 1.44 ACRES FROM CONVENIENCE CENTER-X (CC-X) TO RESIDENTIAL SUBURBAN-X (RSX) IN THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN; AND TRANSMITTING SAID AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE FOR FINDING OF COMPLIANCE; PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.  NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF POLK SECTION 1. FINDINGS AND INTENT. In adopting this Ordinance, the City Commission of Polk City, Florida hereby makes the following legislative findings and  CITY, FLORIDA: intent:  (1) Chapter 163, Part! Il, Florida Statutes, establishes the Community Planning Act("Act"), which empowers and mandates Polk City, Florida ("City"), to plan for future development and growth and to adopt and amend comprehensive plans, or elements or portions thereof, to guide the future growth and development of the City.  (2) Pursuant to the Act, the City has adopted a comprehensive plan (3) The Act authorizes a local government desiring to revise its comprehensive (4) The City has prepared an amendment to the Future Land Use Map of the Comprehensive Plan to change the Future Land Use classification of approximately 1.44 acres of land lying in Polk County, Florida, and described as Parcel Number 252831-0000.04210 within the City from Convenience Center-X (CCX) to Residential Suburban-X (RSX) in the Green Swamp Area of Critical State Concern. (5) Pursuant to Section 163.3187, Florida Statutes, the City Commission held a meeting and hearing on this Map Amendment, with due public notice having been provided, to obtain public comment, and considered all written and oral comments  ("Comprehensive Plan").  plan to prepare and adopt comprehensive plan amendments.  received during public hearings, including support documents.  (6) In the exercise of its authority the City Commission has determined it necessary to adopt the proposed amendment to the Future Land Use Map contained herein and as shown as Exhibit "A" to encourage the most appropriate use of land, water and resources consistent with the public interest; and deal effectively with future problems that may result from the use and development of land within the City; and to ensure that the Comprehensive Plan is in full compliance with State law.    (7) Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impact estimate pursuant to S 166.041(4)(C), Florida  Statutes, and determined that adoption oft this ordinance:  and the  (1) serves a public purpose by serving the public health, safety, morals, (2) has no direct negative economic impact on private, for-profit businesses ini (4) does not impose any new charge or fee or businesses for which businesses (5) does not create any additional municipal regulatory cost which is not recovered (8) The City Commission finds that the proposed amendment to the Future Land Use Mapi contained herein furthers the purposes of, and is consistent with, the City's Comprehensive Plan, and is consistent with and compliant with State law, including, but  welfare oft the City, city,  (3) will not result in direct compliance costs by businesses,  will be financially responsible, appropriately and lawfully by the City.  not limited to, Chapter 163, Part I, Florida Statutes.  SECTION 2. PLAN AMENDMENT. The Future Land Use Map of the City's Comprehensive Plan is hereby amended to include the map amendment set forth in Exhibit "A," attached hereto and incorporated herein by reference, which applies the Residential Suburban -X" Future Land Use designation to approximately 1.44 acres of  land shown on such Exhibit.  SECTION3. BUSINESS IMPACT ESTIMATE. Pursuant to Section 166.041(4), Florida Statutes, Polk City is required to prepare a business impact estimate for certain proposed ordinances. This proposed ordinance amends the land use designation in accordance with the owner's proposed use. Such an amendment to the City's Plan (1) City, (2) has no direct negative economic impact on private, for-profit businesses in the city, (3) will not result in direct compliance costs by businesses, (4) does not impose any new charge or fee or businesses for which businesses will be financially responsible, and (5) does not create any additional municipal regulatory cost which is not recovered appropriately and lawfully by the City. Thus, it is estimated that neither residents nor any business will incur additional costs. The City does not seek toi impose any additional user or regulatory fees or charges, nor are any direct compliance costs expected. The Business Impact Estimate form for this ordinance is on file with the City Clerk.  and welfare of the  serves a public purpose by serving the public health, safety, morals,  SECTION 4. SEVERABILITY. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconsttutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain  in fulli force and effect.  SECTION 5. CONFLICTS. Existing ordinances or parts of existing ordinances in  conflict herewith are hereby repealed to the extent of such conflict.  2    SECTION_6. CODIFICATION OF ORDINANCE IN PLAN. An official, true, and correct copy of this Ordinance and the City's Comprehensive Plan, as adopted and amended from time to time, shall be maintained by the City Clerk. The City Clerk shall make copies available to the public for a reasonable publication charge.  SECTION 7. TRANSMITTAL TO STATE. Within ten (10) days of final passage and adoption of this Ordinance, Polk City shall forward a copy hereof, and all supporting data and analysis, to the Florida Department of Economic Opportunity and any other agencies or local governments that provided timely comments to the City, as required by  Section 163.3184(3)c)d, Florida Statutes.  SECTION 8. EFFECTIVE DATE. This effective date of the plan amendment adopted by this Ordinance shall be thirty-one (31) days after the Florida Department of Economic Opportunity notifies Polk City that the plan amendment package is complete, or, ifthe plan amendment is timely challenged, the date on which the Florida Department of Economic Opportunity or the Administration Commission, whichever is applicable, enters a final order finding the amendment to be compliance in accordance with Section INTRODUCED AND PASSED ON FIRST READING this day of February, 2024.  163.3184(3)(C)4, Florida Statutes.  POLK CITY, FLORIDA Joseph LaCascia, Mayor APPROVED. ASTO FORM & LEGALITY: Thomas A. Cloud, City Attorney  ATTEST:  Patricia R. Jackson, City Clerk  PASSED AND DULY ADOPTED ON SECOND READING, with a quorum present and voting by the City Commission of Polk City, Florida meeting in Regular Session this  day of  2024.  Joseph LaCascia, Mayor  ATTEST:  Patricia R. Jackson, City Clerk  ORDINANCE NO. 2024-01 EXHIBIT "A" 3    FUTURE LAND USE MAP-F PROPOSED  043020 ASON-LN-494 044060 044110  021040 022010 022070 022060 022040 022030  043090  043100  044180 044190  044020  044070  044170  044010  SHEPARDLN- 0441-40 044040  SUBJECT PARCEL 044210  044260  044160  044200  022020  044030  044050  044120  044250  Legend GRI SubjectF Parcel Parcel Boundaries Polk City Boundary Polk County Future Land Use RS- Resdential-Suburban RL-1- Residential-Low.1 pitcuaResdenia-Run Polk City Future Land Use CC-X- Convenience Center> X Unassigned RS-X- Residential Suburban-x  033150 033140 033080  011010  033030  50 1po 200300 400  Feet  033200    City Commission Meeting February 20, 2024  AGENDA ITEM #3:  ORDINANCE 2024-03-APPLICANT-NITIATED OFFICIAL ZONING  MAP AMENDMENT  INFORMATION ONLY X ACTION REQUESTED  ISSUE:  A request by Boyd D Stephens and Laura J Stephens Revocable Trusts (applicant) to amend the official zoning map designation for property from Single Family Residential (R-1) to Planned Unit Development (PUD) on approximately 15.45 acres in Polk City, located ont the east side of Berkley Road north ofLakeview Drive and south of Crape Myrtle Lane (Parcel numbers 252832-0000-022020 and 252632-000000-  022030). First Reading ATTACHMENT: Ordinance 2024-03 ANALYSIS:  The Applicant has submitted preliminary subdivision plans meeting the requirements of Section 7.05.04.01 and staff has completed review. The Master Development Plan as approved though this Planned Unit Development Ordinance shall serve as the Preliminary Subdivision Plans for the Sandy Pointe Phase Il subdivision. Consistent with Section 7.05.04.02, the Preliminary Subdivision Plan shall remain valid for one year from the date of approval. The full set of Preliminary Subdivision Plans are On February 5, 2023, the Planning Commission voted to forward the Rezoning Amendment to the City The applicant will be at the City Commission Meeting to address the Commission and answer any  on file with the City.  Commission with recommendations for denial. questions or concerns that are brought forth. STAFF RECOMMENDATION:  Approve or deny Ordinance 2024-03 on First Reading with conditions as indicated on page 8-9.    ORDINANCE 2024-03  AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF POLK CITY, FLORIDA TO CHANGE THE ZONING FROM PROPERTY FROM SINGLE FAMILY RESIDENTIAL (R-1) TO PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 15.45 ACRES IN POLK CITY, LOCATED ON THE EAST SIDE OF BERKLEY ROAD NORTH OF LAKEVIEW DRIVE AND SOUTH OF CRAPE MYRTLE LANE (PARCEL NUMBERS 252632-000000- 022020 AND 252832.00000.0220303 PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CONFLICTS, CODIFICATION AND  AN EFFECTIVE DATE.  NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF POLK SECTION 1. FINDINGS AND INTENT. In adopting this Ordinance, the City Commission of Polk City, Florida hereby makes the following legislative findings and  CITY, FLORIDA:  intent:  (1) The City Commission of Polk City! held meetings and hearings regarding the parcels show on Exhibit' "A", with due public notice having been provided, to obtain public comment, and considered all written and oral comments received during public hearings,  including supporting documents.  (2) The City has followed all statutory and Code requirements for noticing and advertising this rezoning Ordinance and public hearings associated with the rezoning. (3) Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impact estimate pursuant to S 166.041(4)(c), and  determined that adoption of this ordinance:  (1) serves a public purpose by serving the public health, safety, morals, (2) has no direct negative economic impact on private, for-profit (3) will not result in direct compliance costs by businesses, (4) does not impose any new charge or fee or businesses for which businesses will be financially responsible, (5) does not create any additional municipal regulatory cost which is not recovered appropriately and lawfully by the City.  and welfare of the City, businesses in the city,  (4) The City Commission has received public input on the rezoning and a (5) The City Commission of Polk City finds that the applicants have met the criteria for rezoning under the City's land development regulations and that rezoning will  recommendation from staff.  not adversely affect the public interest.  1    (6) In exercise of its authority, the City Commission has determined it necessary to amend the Official Zoning Map to change the City zoning classification  assigned to this property.  SECTION 2. ZONING AMENDMENT The official zoning map of Polk City is amended sO as to assign the City Zoning Classification of Planned Unit Development (PUD) on approximately 15.45 acres in Polk City, located on the east side of Berkley Road north of Lakeview Drive and south of Crape Myrtle Lane (Parcel numbers 252632- 000000-022020 and 2526320000.0220392 as shown on Exhibit' "A" attached hereto. SECTION3. PLANNED UNIT DEVELOPMENT. All property located within the Sandy Pointe Phase II project is hereby zoned Planned Unit Development (PUD) Zoning District and the provisions oft the Land Development Code, the Master Development Plan and special conditions attached hereto as Exhibit "c" shall govern further public review  and development of the property within this District.  SECTION4. MASTER DEVELOPMENT PLAN. The Master Development Plan (MDP) for this Planned Unit Development attached hereto as Exhibit "B" is approved in accordance with Article 7.11.03 of the Unified Land Development Code of Polk City for the total property known as the Sandy Pointe Phase II, including development  requirements attached hereto as Exhibit' "C"a and made a part hereof.  SECTION 5. BUSINESS IMPACT ESTIMATE. Pursuant to Section 166.041(4), Florida Statutes, Polk City is required to prepare a business impact estimate for certain proposed ordinances. This proposed ordinance rezones property in accordance with the owner's proposed use. Such anamendment: to the City's Plan (1)serves aj public, purpose by serving the public health, safety, morals, and welfare of the City, (2) has no direct negative economic impact on private, for-profit businesses in the city, (3) will not result in direct compliance costs by businesses, (4) does not impose any new charge or fee or businesses for which businesses will be financially responsible, and (5) does not create any additional municipal regulatory cost which is not recovered appropriately and lawfully by the City. Thus, it is estimated that neither residents nor any business will incur additional costs. The City does not seek to impose any additional user or regulatory fees or charges, nor are any direct compliance costs expected. The Business Impact Estimate  form for this ordinance is on file with the City Clerk.  SECTION 4. SEVERABILITY If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconsttutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain  in full force and effect.  SECTION5. CONFLICTS. All ordinances in conflict herewith are hereby repealed to the extent necessary to give this Ordinance full force and effect, provided however, that nothing herein shall be interpreted sO as to repeal any existing ordinance or resolution  2    relating to means of securing compliance with the City's Land Development Code (LDC),  unless such repeal is explicitly set forth herein.  SECTION 6. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances of Polk City, Florida. A certified copy of this enacting ordinance shall be located in the Office of the City Clerk of Polk City. The City Clerk shall also make copies  available to the public for a reasonable publication charge. immediately upon passage on second reading.  SECTION7. EFFECTIVE DATE: The effective date of this ordinance shall be  INTRODUCED AND PASSED on FIRST READING, this day of  2024.  POLK CITY, FLORIDA  Joe LaCascia, Mayor APPROVED AS TO FORM AND CORRECTNESS:  ATTEST:  Patricia Jackson, City Manager/Clerk  Thomas A. Cloud, City Attorney  PASSED AND DULY ADOPTED ON SECOND READING, with a quorum present and voting by the City Commission of Polk City, Florida meeting in Regular Session this  day of ATTEST:  2024.  Joe LaCascia, Mayor  Patricia Jackson, City Manager/City Clerk  3    ORDINANCE NO. 2024-03 Composite Exhibit "A" Page 1of4  Legal Description and Excerpti from the Official Zoning Map  Parcel Numbers: 252632-00000.022020 and 252632-00000.022030  Parcel 1:  A! parcel of land being in the SE 1/4 of the SE 1/4 oft the SW1 1A4 of the SE 1/4 of Section 32, Township 26 South, Range: 25 East, Polk County, Florida, being more particularly described as follows: Begin att the Southwest comer of Sandy Pointe as recorded in Plat Book 90, Page: 29, Public records of Polk County, Florida; thence Easterly alongt the South boundary of said Sandy Pointe thef followings 8 courses; (1) thence N 86°41'03" E3 33.00 feet to the Easterly Right of Way line of County Road 655 (Berkley Road) and the Point of Beginning, (2) thence continue N 86°41'03" E 150.00 feet; (3) thence, N 80°39'05" E60.27 feet; (4) thence S 89-5817-E414.801 feet; (5) thence N21056'07" E 26.88 feet to a point on a curve concaved to the Westerly having al Radius of 220.001 feet, a Central Angle of 16°53'32", 64.86 a Chord Bearing of N 13°45'21" E and a Chord Distance of 64.63 feet; (6) thence along said curve feet, (7) thence S 70-1924'E61.331 feet (8) thènce S 81°31'09" E1 115.06 feet to appoint on a curve concaved to the Westerly having al Radius of 395.00 feet, a Central Angle of 14°1551", a Chord Point Bearing of ofs 14°57'32" Wa and a Chord Distance of 98.081 feet; thence along said curve 98.341 feet to 00°02'38"1 thel W Tangency; thence s: 22°05'27" W264.491 feet; thence N 89°5722" W276.09f feet; thence s South line 290.001 feett the South line oft the said SE 1/4 of the SE 1/4; thence N 89*5722" W along said in Plat Book and the South! line of said SW 114 of the SE1 1/4 and! North line of Citrus Harbor as recorded 66, Page 48, Public Records of Polk County, Florida, a distance of 387.781 feet to the Easterly Right Way line ofCounty Road 655 (Berkley Road); thence N 03°15'13" Wa along said Easterly Right of Way  of  line 562.121 feet to the Point of Beginning.  AND Parcel 2:  Al parcel ofl land lying beingi int the SE 1/4 of1 the SE 1/4 of Section! 32, Township 26 South, Renge 25 East, Begin at the SE comer ofLot 36, Sandy Pointe, as recorded in Plat Book 90, Page 29, 32 of said Polk County, Florida; thence N 26°53'07" E 84.551 feett to the Southernmost comer Radius ofLot of 245.00 feet, Sandy a Pointe, said point is a point on a curve concaved to the Southeasterly having distance al of 167.91 feet; thence Central Angle of 40°04'51", a chord bearing of N 71°11'16" Ea and chord feet; thence along said curve and South line of aforesaid Sandy Pointe 171.39 E5.42 feet, along thence S 60°0557"E said Sandy Pointe thet following (3) courses, (1) thence N 00°02'29" E 113.21 feett (2)t to the! NW comer of Lot 84.551 feet, (3) thence S 45°45'12" E87.471 feet; thence S 07°49'17" line of said Sandy Pointe 593.21 feet 28 of said Sandy Pointe; thence s: 22°0527" W along the Westerly N 89°57'22" W: to the South line of the SE1 1/4 oft the SE 1/4 of said Section 32; thence 48, of the Public along Records of line and thel North line of Citrus Harbor as recorded in Plat Book 66, E: Page 290.001 feet; thence S 89°57'22" E Polk County, Florida, a distance of 526.55 feet; thence NO 00002'38" 276.0 091 feet; thence N22"05'27" E264.49 feet to the! Point of Curvature of a of 395.001 feet and a CentralA Angle of1 14°15'51"; thence along said curve 98.34 feet to the Point  Polk County, Floridal being more particularly described as follows:  public records of the South line of  said South left! radius to the having of  curve  Beginning.  4    ORDINANCE NO. 2024-03 Composite Exhibit' "A" Page 2of4 POLK CITY  Legal Description and Excerptfrom the Official Zoning Map  PROPOSED ZONING MAP  R-1 R-1 R-1 R-1 SUBJECT PARCEL Parcel ID#: 2526-32.900.4220X Area: +1-7. .98 acres Existing Zoning: R-1;Singlel Family! Residential PR Proposed. Zoning: PUD; Planned Unit Deveolpment  R-1 R-1 R-1  R-1  R-1  Lake.igne <LAKE>  R-1 R-1 R-1 BAYBERRY-DR R-1 R-1 R-1 R-1  R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1  R-3  R-3 R-3 R3 R-3 R-3 R-3 R-3 R-3 R-3 R-2 R-2 R-2 R-2 R-2 Legend Subject Parcels ParcelE Boundaries Polk City Zoning R-1 SingleF Family Residential R-2: Single Family Residential R-3 Single Family: and Duplex Residential M-1 Light! Industrial PR Public Recreation  R-1 R-1 R-1 R-1 R  R-1 R-1  R-1  R-1 R-1 R-1 R-1  PUD  R-1 R-1 R-1 R-1  PUD  R-1  R-1 R-1 R-1 SUBJECT PARCEL  Parcell ID#: 25-26-32- 000000-022030 Area: +1-7.47 acres LARKS Existing. Zoning:R-1; Single Family Residential Proposed. Zoning: PUD; Planned Unit Deveoipment R-1 R-1 R-1 R-1 R-1 5  R-1 R-1 R-1  R-1 R-1 R-1  Lake.igne  50100 200 300 400  Feet  R-1    m HIIIII        EXHIBIT B  Business Impact Estimate  This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on Polk City's website by the time notice of the proposed ordinance  is published.  Proposed ordinance's title/reference:  ORDINANCE 2024-03: AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF POLK CITY, FLORIDA TO CHANGE THE ZONING FROM PROPERTY FROM SINGLE FAMILY RESIDENTIAL (R-1)T TO PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 15.45 ACRES IN POLK CITY, LOCATED ON THE EAST SIDE OF BERKLEY ROAD NORTH OF LAKEVIEW DRIVE AND SOUTH OF CRAPE MYRTLE LANE (PARCEL NUMBERS 252632- 000000-022020 AND 2528320000.020303 PROVIDING FOR A BUSINESS IMPACT ESTIMATE, SEVERABILITY, CONFLICTS, CODIFICATION AND AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means Polk City is of the view that a business impact estimate is not required by state law! for the proposed ordinance. If no boxes are checked, the Business Impact Estimate Requirements Section will be completed. Polk City may, in its own discretion, determine to perform a Business Impact Estimate for ordinances exempted per Florida Statutes. This Business Impact Estimate may be revised following its initial REASON EXEMPTED FROM BUSINESS IMPACT ESTIMATE REQUIREMENTS  posting.  The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the adoption of budgets or budget amendments, The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance  regulation;  The proposed ordinance relates to the issuance or refinancing of debt; including revenue sources necessary tot fund the budget;  accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or The proposed ordinance is enacted to implement the following: development agreements and development permits;  a. PartllofC Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders,  1    b. Sections 190.005 and 190.046, Florida Statutes, regarding community development Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating toi the Florida Fire Prevention Code.  districts;  See Section 166.041(4)(c), Florida Statutes.  BUSINESS IMPACT ESTIMATE REQUIREMENTS  Ina accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, Polk City hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, The ordinance will change the Zoning from Single Family Residential (R-1) to Planned Unit Development (PUD). Although exempt under the statute, the City has nevertheless in its sole discretion performed a business impactestimate pursuant to S 166.041(4)(c), Florida Statutes, and determined that adoption of this (1) serves a public purpose by serving the public health, safety, morals, and welfare (2) has no direct negative economic impact on private, for-profit businesses in the (4) does not impose any new charge or fee or businesses for which businesses will (5) does not create any additional municipal regulatory cost which is not recovered Thus, it is estimated that neither residents nor any business will incur additional costs. The City does nots seek to impose any additional user or regulatory fees or charges,  such as serving the public health, safety, morals and welfare):  ordinance: of the City, city,  (3) will not result in direct compliance costs by businesses,  be financially responsible,  appropriately and lawfully by the City.  nor are any direct compliance costs expected.  2    2. An estimate of the direct economic impact of the proposed ordinance on private, for- (a) Ane estimate of direct compliance costs that businesses may reasonably (b) Any new charge or fee imposed by the proposed ordinance or for which (c) An estimate of Polk City's regulatory costs, including estimated revenues from  profit businesses in Polk City, if any:  incur;  businesses will be financially responsible; and any new charges or fees to cover such costs.  3. Good faith estimate of the number of businesses likely to be impacted by the proposed  ordinance:  4. Additional information the governing body deems useful (if any):  [Youmay wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: Polk City's staff solicited comments from businesses in Polk City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on Polk City's website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and,  therefore, the proposed ordinance does not affect only businesses).  3    ORDINANCE NO. 2024-03 Exhibit "C" Conditions of Approval Page 1 of2  1. The Sandy Pointe Phase II Planned Unit Development shall consist of 61 single family dwelling units that meet the following requirements for single-family lots.  Min Lot Front Width 50'  Setbacks Rear 10 20' forI Lots 22-27 and 44-47  Min Lot Max Lot Max Size Coverage Building 5,500 50%  Side 5'  Height 35'  25'  2. 3. 4.  All roads must be privately owned and maintained. Wastewater must be extended to the site.  Open Space (Tract D) shall be maintained for use of residents to access the sidewalk  adjacent to Berkley Road.  5. The Applicant has submitted preliminary subdivision plans meeting the requirements of Section 7.05.04.01 and staff has completed review. The Master Development Plan as approved though this Planned Unit Development Ordinance shall serve as the Preliminary Subdivision Plans for the Sandy Pointe Phase II subdivision. Consistent with Section 7.05.04.02, the Preliminary Subdivision Plan shall remain valid for one year from the date ofapproval. The full set ofPreliminary Subdivision Plans are on file with the City. The proposed project shall meet all: regulations of the City ofPolk City, Florida. Proposed developmental area of this site shall be limited to the uses and proposed site design that shall be approved by the Planning Commission and the City Commission. 8. Any modification to1 the approved Site Plan shall be approved by the Planning Commission and the City Commission unless the proposed modifications are minor and in accordance With the exception of clearing for access roads, survey lines, construction trailers, equipment staging areas, fencing, and specific building sites, construction shall commence  6. 7.  with the City'sULDC.  9.  within 90 days after completion of clearing and grubbing.  10. The Applicant shall provide discharge control and treatment of the stormwater run-offin accordance with all applicable agency requirements in effect at the time of the permit application. The drainage system shall be maintained in an acceptable condition in  accordance with the stormwater management plan.  8    ORDINANCE NO. 2024-03 Exhibit' "C" Conditions of Approval Page 2of2  11. The Applicant shall enter into a recordable developer's agreement for the provision of water and wastewater service by Polk City. At a minimum, said agreement shall provide for the connection oft the Property to the City's water and wastewater system, extension of the City's existing wastewater pipeline to the Property at the expense of the Applicant, construction and installation of all onsite and proximate offsite improvements necessary for the City to provide water and wastewater service to the Property, and for payment of applicable water and wastewater capital charges to the City for water and wastewater service capacity adequate to service the development within the Property.  12. Ifiti is determined there is sufficient right-of-way and the Polk City Commission approves the construction of the sidewalks, the applicant shall install sidewalks in the right-of-way of Persimmon Drive, Bayberry Drive, and Crape Myrtle Lane to connect the project to  Berkley Road.  9    City Commission Meeting February 20, 2024  AGENDA ITEM #4:  Kipe Academy Letter of Request  INFORMATION ONLY X ACTION REQUESTED  ISSUE:  Letter of Request to rent the old Public Works Facility  ATTACHMENT:  Email from City Attorney Cloud  ANALYSIS:  During the January 20, 2024 City Commission Meeting, the Kipe Academy, Inc. item was tabled until further research was done. City Attorney Cloud has provided his findings via the email attached. Also,  please refer back to the Kipe item backup documentation from the January meeting.  STAFF RECOMMENDATION: No staff recommendation    Sheandolen Dunn From: Sent: To: Subject:  Patricia Jackson Sheandolen Dunn  Wednesday, February 14, 2024 1:05 PM Fw: Kipe Academy using Old Public' Works Facility  See email below for agenda backup Patricia R. Jackson City Manager Polk City, FL  863-984-1375, extension 237  Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials regarding State or Local business are public records available to the public and media upon request. Your email communications may therefore be subject to public disclosure.  From: Thomas A. Cloud, Esquire Thomas.Cloud@gray-robinson.com> Sent: Tuesday, February 13, 20243:07PM To: Patricia Jackson patricia.jackson@mypolkcity,org Cc: Joe Lacascia joe.acascia@mypolkcity.org Subject: RE: Kipe Academy using Old Public Works Facility  Patricia,  You have asked thatlfollow up on the research which the city commission authorized me to complete at the last meeting regarding the advisability of the City leasing a city building and underlying property to the relative of a city employee for the operation of a business (in this case, a school). Such research is consistent with both the spirit and intent of the State Code of Ethics contained in Chapter 112, Florida Statutes, as well as in the City Charter Section C-10, the City's own Ethics Code adopted by authority of the Charter contained in Article II, Division 2, of the Code of Ordinances of Polk City, Florida, and the Polk City  Employee Handbook recently updated in the fall of 2023.  After a thorough search and analysis of the State Ethics Code, Icannot find a specific prohibition against the city entering such a lease per se, but there is one section in the State Ethics Code which required further inquiry. That statute is S 112.313(6), Florida Statutes. This statute provides that public officers and public employees may not corruptly use or attempt to use their official position or any property or resources within their trust, or perform their official duties, to secure a special privilege, benefit, or exemption for themselves or another. "Corruptly" is defined in S 112.312(9), Florida Statutes, as "done with a wrongful intent and for the purpose of obtaining, or compensating, or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties." In order to have acted "corruptly," one must have acted "with reasonable notice that conduct was inconsistent with the proper performance of  1    her public duties and would be a violation of the law or the code of ethics." Blackburn V. Commission on Ethics, 589 So.2d 431 (Fla. 1st DCA 1991). This violation can also include the  violation of a local code of ethics.  Polk City's Charter mandates certain ethical standards and restrictions. See S C-10, "D. City officers and employees shall not have interest in City contracts. No official ora any employee of the City shall have any personal interest in any contract of the City if helshe thereby directly or indirectly gains a profit in money, property or otherwise; and any such contract in which a City official or employee may be or become interested shall be voidable by the City and shall be voided without delay by the City Commission." The Charter also provides for a more stringent Ethics Code than the state code by mandating  generally. Section C-10.D, specifically provides that:  adoption of no less than the state code of ethics:  "E. Standard of ethics. The State of Florida statute defining the Code of Ethics for public officers and employees shall be adopted by a Commission approved ordinance and  shall apply as provided therein."  Polk City's Code of Ordinances has contained an "Ethics Code" since at least 1991. See Article II, Division 2, Code of Ordinances. The Ordinance contains legislative intent  that states:  "Sec. 2-21. - Purpose; objectives. The purpose of this division is to promote the welfare of the citizens of the city through the adoption of a code of ethics to govern all city officers and employees who are employed on a part-time or full-time basis by the city. Within this (1) Facilitate the proper operation of municipal government by providing officers and employees who are independent, impartial and responsible to the people and able to make governmental decisions and formulate policy within the established channels of governmental (2) Ensure that public office or employment is not used for unwarranted personal gain. (3) Ensure that the financial interests of employees and public officeholders present (4) Foster continued recognition of the concept that public employees and officeholders are agents of the public and hold office or employment for the benefit of the (5) Enhance public confidence in the integrity of its municipal government. (6) Promote a recommitment to the concept that public employees and officeholders are required to uphold the United States Constitution, the state constitution, and the Charter of the city, and are required to impartially carry out and enforce the laws of the nation, state  framework, the general objectives of this division are to:  structure.  neither a conflict nor the appearance of a conflict with the public trust.  public.  and city.  (7) Continue high moral standards in government.  (8) Reaffirm the policy of the city to adhere not only to the letter, but to the intent of the  Sunshine Law, F.S. ch. 286, and the Public Records Law, F.S. ch. 119. To this end, there is established a code of ethics for the city."  Section 2-24 clarifies that the standards set forth "are intended to be in addition to those set  forth by state statute."  2    Regardless of terms and conditions that might be included, the lease raises the possibility of a violation of one of the standards. Section 2-24(6) prohibits any employee from requesting, using, or permitting the "use of any city-owned or city-supported property, vehicle, equipment, labor or service for the personal convenience or private advantage of himself, a business entity or any other person. This subsection shall not be deemed to prohibit a city officer or employee from requesting, using or permitting the use of such city- owned or city-supported property, vehicle, equipment, material, labor or service which itis the general practice to make available to the public at-large or which is provided as a matter of stated public policy for the use of city officers and employees in the conduct of official business." Leasing a city building for the exclusive use of a school is not a general practice  of the City.  The City's Employee Handbook is also implicated in the consideration of the lease both generally and specifically. First, S 107 of the Handbook compliance with the spirit and letter of  ethical standards:  EE 107 Business Ethics and Conduct--The successful business operation and reputation ofthe City is built upon the principles of fair dealing and ethical conduct of our employees. Our reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity. The continued success of the City is dependent upon our citizen's trust and we are dedicated to preserving that trust. Employees owe a duty to the City, its customers, and its citizen shareholders to conduct themselves in a way that will merit the continued trust and confidence of the public. The City will comply with all applicable laws and regulations and expects all employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct. In general, the use of good judgment, based on high ethical principles, will guide you with respect to lines of acceptable conduct. Ifa situation arises where it is difficult to determine the proper course of action, the matter should be discussed openly with your department director and, if necessary, with the City Manager for advice and consultation. Compliance with this policy of business ethics and conduct is the responsibility of every City employee. Disregarding or failing to comply with this standard of business ethics and conduct could lead to disciplinary action, up to and including possible termination  ofe employment as well as criminal charges."  In addition, the section on Conflicts specifically addresses the proposed lease: "111 Conflict of Interest--To avoid any misunderstandings and/or conflicts of interest that may arise, this policy must be followed by employees in addition to the provisions of applicable state law that govern the code of ethics for public employees (Chapter 112, Part IlI, Florida Statutes). In the event of any conflict between this policy and state law requirements, which are applicable to the City, the state law requirements must be followed. Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which the City wishes the business to operate. The purpose of these guidelines is to provide general direction sO that employees can seek further clarification on issues related to the subject of acceptable standards of operation. Contact the City Manager for more information or questions about conflicts of interest. An actual or potential conflict of interest occurs when an employee is in aposition to influence a decision that may result in a personal gain for that employee or fora relative as a result of the City's business dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is  3    similar to that of persons who are related by blood or marriage.  Personal gain may result  not only in cases where an employee or relative has a significant ownership in a firm with which the City does business, but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result ofa any transaction or business The potential for this prohibited conflict to arise is, in my opinion, likely to occur particularly considering any special lease provisions that might be included. Even if there are no special provisions, the fact that the lease would be entered into with the child of a city employee responsible for receiving lease payments raises significant concerns even if leasing city  dealings involving the City.  buildings for schools was an everyday occurrence.  Because the question asked involves the lease of city-owned property, another section of the Charter is also relevant. Section C-2 of the City Charter limits the duration of any lease of"any real estate owned by Polk City".... A majority vote of the city commission is required before a lease of less than 5 years may be signed. Each extension must be separately voted upon by the city commission. A lease with a 5-to-10-year term must be approved by at least 4 commissioners before it takes effect. No lease may have a term exceeding 10 years. There has also been concerns raised over the cost of bringing the building up to standards appropriate to serving as an educational facility estimated to be $50,000 to $80,000. This provision alone would clearly place the lease in a special (as opposed to general) category of  leases done by the City.  To sum up, the likely violations of the City Ethics Code and Employee Handbook provisions would prohibit the City's consideration of the lease. In addition, these violations would also give rise to the "misuse of public office" state law contained in S 112.313(6), Florida Statutes. Under these circumstances,lcannot recommend that the City entertain such  ale lease. cerely Yours,  Sin Tho  mas A. Cloud, City Attorney  - 407.843.8880 407.244.5624 407.244.5690 X f in  Thomas A. Cloud, Esquire Of Counsel  Florida Bar Board Certified in City, County & Local Government Law GrayRobinson, P.A. 301 East Pine Street, Suite 1400, Orlando, Florida 32801  GRAYROBINSON ATTORNEYS ADVISORS I CONSULTANTS  This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute. a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, ort the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited. by the sender and to do so might constitute a violation of the Electronic Communications.  4    Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing ini this e-mail message shall, in and of itself, create an  attorney-client relationship with the sender. From: Patricia. Jackson patricia.jackson@mypolkcity,org> Sent: Monday, February: 12, 20243:16PM To: Thomas A. Cloud, Esquire Thomas.Cloud@gray-robinson.com> Cc:. Joe Lacascia <joe.lacascia@mypolkcity.org> Subject: Kipe Academy using Old Public Works Facility This message originated outside of GrayRobinson.  Good afternoon, Tom:  Just a reminder to please geti int touch with Mayor LaCascia near the beginning oft thet this week regarding Kipe Academy and possible conflict ofi interest with employee of city being a relative to the person  wanting to lease the building. Patricia R. Jackson City Manager Polk City, FL  863-984-1375, extension 237  Please Note: Florida has a very broad Public Records Law. Most written communications to or from State and Local Officials regarding State or Local business are public records available to the public and media upon request. Your email communications may therefore be subject to public disclosure.  5    City Commission Meeting February 20, 2024  AGENDA ITEM #5:  Petrotech Southeast Inc.  INFORMATION ONLY X ACTION REQUESTED  ISSUE:  Petrotech Southeast Inc. Annual Services Agreement  ATTACHMENT:  Petrotech Agreement Letters  ANALYSIS: Hauling.  Polk City currently has an Annual Services Agreement with Petrotech Southeast, Inc. for Sludge The current agreement began June 1, 2022 and will end on September 30, 2025. This contract does As the current Agreement does not include Maintenance of the Polymer System, Staff is requesting to amend the Agreement to include the Maintenance of the Polymer System to the contract beginning  not include the polymer system.  February 1, 2024 - December 31, 2027. STAFF RECOMMENDATION: beginning 2/1/2024 - 12/31/2027.  Approve the Petrotech Annual Services Agreement to include the Maintenance of the Polymer System    "EXHIBIT A"  Petrotech Southeast, Inc  May 25, 2022 Polk City and City Representaitves 9835 North State Rd. Polk City, FL 33868 RE: Annual Services Aggreement All concerned, EXHIBIT A  Petrotech Southeast Inc (PSI) offers the following annual service agreement as outlined in "EXHIBIT A" based on Fiscal Year(s) OCT1 - SEPT 30. Contract to begin JUN1 1, 2022 or as approved as follows:  Monthly Services/Products:  JUN1, 2022 = SEPT30, 2022: = $2,410.00 per month OCT1, 2022-9 SEPT30, 2023: =$ $2,410.00 per month OCT1, 2023 - SEPT30, 2024= $2,482.00 per month OCT1, 2024 - SEPT30, 2025: = $2,556.00 per month Monthly Services and Products as follows: to assure proper product selection.  1) Polymer - The polymer willl be provided in 5 gallon containers and tested on a annual basis 3) Transportation and disposal of geotextile bags. Exchanges to be determined by Polk City 4) Monthly service visit to perform basic preventive maintenance, provide polymer dose adjustments and offer basic training to Polk City staff as necessary for operation of polymer Monthly pricing is based on historical usage over the last 5 years with PSH offering a 5% discount from current individual pricing. Each element of service represented within this Services Agreement has a maximum amount thati is based on the amounts of products and services provided historically over the prior Ifd demand exceeds limits outlined for each component shown in TABLE1, Petrotech Southeast Inc. will bill each additional item separately based on the respective amounts outlined in TABLE1.  2). 20 yard roll-off containers with fitted Geo-textile bags  Staff. system.  three years as outlined in TABLE1.  TABLE1 Polymer Geo Bags T&D  Upto 7 5-Gallon Bucket 12 Geo Bags 12 13-Ton Loads  Item  Price 128.25 > 484.50 $1,186.55 $ 395.00  Additional Roll-off 12 Per Month  Repairs to the Polymer system. as requested by Polk City willl be billed @ $95hr for tech/tools + parts  Thank You, Mike Chancey PSI Environmental Services 863-224-7096 Mke.chancey@petrolechse.com  23800 County Road 561, Astatula, FL 34705 407-656-8114 352-343-2635 (fax) www. petrotechse.com    Petrotech Southeast, Inc. TERMS AND CONDITIONS  BILLING. AND PAYMENT: Unless otherwise indicatedi int the proposal, Petrotech Southeast, Inc. billingy willl be based ona accrued time, test costs and expenses. Client agrees to pay invoice uponr receipt. Should payment not be received within 10 days, the amount due shall bear as service charge of 1% per cent per month or 18p percent pery year and the cost of collection, includingr reasonable attorneys" Petrotech fees, if collected by law through an attomey. Ift the Client has any objection to any invoice or part thereof submitted by terminated Southeast, Inc., hes shall so advise usi in writing giving! his reasons within 140 days ofr receipt ofs such invoice. lfthep projecti is inv whole or in partt then Petrotech Southeast, Inc. shall be paid for serviçes performed prior to receiving notice ofs such termination, in addition to Petrotech Southeast, Inc. reimbursable expenses and anys shut down costs incurred. Shut down costs may, at Petrotech Southeast, Inc.'s sole discretion, include completion of analyses and records necessary to document our files and protect our professional reputation. In the event that Petrotech Southeast, Inc. agrees to pay for a recyclable product, the price paid for that LIABILITY: Petrotech Southeast, Inc. maintains worker's compensation and employer's liability insurance for our employees as required by state laws. In addition we maintain comprehensive. general liability, pollution liability, and vehicle liability insurance with limits of $1,000,000.00. A certificate ofi insurance can be supplied evidencing such coverage. We will not be liable or responsible for any loss, damage orl liability beyond amounts limits, coverage or conditions ofs suchi insurance specified above. HAZARDOUS SUBSTANCES AND CONSTITUENTS: Client agrees to advise Petrotech Southeast, Inc. upon execution, of this agreement of any hazardous substances or any condition existing in, on or near the site presenting a potential danger to human health, the environment: ore equipment. Client agrees to provide continuing information, as it becomes available1 to the attention oft the EXCLUSIVITY: Upon execution of this agreement, Client agrees to exclusively use Petrotech Southeast, Inc. for all services and UNFORESEEN OCCURRENCES: lfduring the performance of services, any unforeseen hazardous substances or constituents or other unforeseen conditions ord occurrences are encountered which, in Petrotech Southeast, Inc.' 'sj judgment significantly affect or may affect the services, ther riski involvedi inp providing the services ort the recommended scope of services, wev will promptly notify the Client thereof. Subsequent tot that notification, Petrotech Southeast, Inc. may: (a)! Ifp practicable, in Petrotech Southeast, Inc. solej judgment, complete the originals scope ofs servicesi ina accordance with the procedures originallyi intendedi in this proposal: (b)A Agreey with the Client tor modify the scope ofs services and the estimate of charges toi include study oft the previously unforeseen conditions or occurrences, such revision to be ins writing and signed by the parties and incorporated! herein: or (c) Terminate the services effective ont the date CLAIMS: in the eventt that Client makes claim against Petrotech Southeast, Inc. for any alleged error, omission, or act arising outo of the performance ofF Petrotech Southeast, Inc. that cannot be mutually resolved without litigation, and Clientf fails to prove such claim, then Client shall pay all costs incurred by Petrotech Southeast, Inc. in defending itself against the claim, including, without limitation fees, our personnel related costs, attorney's fees, court costs and other claim related expenses, including without limitation, costs, SEVERABILITY: in the event that any. provision herein shall be deemed invalid or unenforceable, the other provisions herein shall SURVIVAL: All obligations arising prior to termination of the agreement and all provisions oft this agreement allocation responsibility or liability between Client and Petrotech Southeast, Inc. shall survive the completion of the services and the termination of this INTEGRATION: This agreement and the documents attached hereto and which are incorporated herein constitute the entire agreement between the parties and cannot be changed except by written instrument signed by both parties. GOVERNING LAW: This agreement shall be governed in all respects by thel laws of the State ofF Florida. ACCEPTANCE: This proposal, when accepted by Client and final approval of proposal by al Petrotech Southeast, Inc. officer will constitute a bona fide contract between us, subject to terms and conditions. Iti is expressly agreed that there are no promises,  product shall bet based on current market conditions and may be subject to change.  Client int thet future.  products described int this agreement  specified by usi inv writing.  TAXES AND SURCHARGES: Any applicable taxes and surcharges shall bei invoiced accordingly.  and expenses of experts.  remain int full force and effect, and binding to the parties hereto.  agreement.  agreements, oral orv written, nots specified in this proposal.  By-signingyous acknowledge acceptance of Petrotech Southeast, Inc.'s terms and conditions.  Totreleckon Printed Name  Titlé Shtingss  Ifth this proposal magts with your approval, please sign allp pages and return Petrotech Southeast, Inc.  ar2z  F  23800 County Road 561, Astatula, FL 34705 407-656-8114 352-343-2635 (fax) www.p petrotechse.com    Petrotech Southeast, Inc  Jan 18, 2024 Polk City and City Representaitves 9835 North State Rd. Polk City, FL 33868 RE: Annual Services Agreement All concerned, Petrotech EXHIBIT A Monthly Services/Products:  Southeast  offers the following annual service agreement as outlined in "EXHIBIT A"  Inc (PSI)  Contract to begin FEB 1, 2024 or as approved as follows: FEB 1, 2024 - DEC 31, 2024 = $2,790.00 per month JAN 1, 2025 - DEC 31,2025: = $2,880.00 per month JAN 1, 2026 - DEC 31, 2026 = $2,970.00 per month JAN 1, 2027 - DEC 31, 2027 = $3,060.00 per month Monthly Services and Products as follows: 1) Polymer - The polymer to assure proper product selection. 2) 20-yard roll-off containers with fitted Geo-textile bags 3) Transportation Staff. 4) Installation of new polymer agreement to include polymer system.  will be provided  in 5-gallon containers and tested on a annual basis  and disposal of geotextile bags. Exchanges to be determined by Polk City  make-down unit with new unit covered under revised services  discount from has a  Monthly pricing is based on historical usage over the last 5 years with PSI offering a 5% current individual pricing. Each element of service represented within this Services Agreement maximum amount thati is based on the amounts ofp products and services provided historically.  Thank You, Mike Chancey PSI Environmental Services 863-224-7096 Mike.chancey@petrolechse.com  23800 County Road 561, Astatula, FL 34705 407-656-8114 352-343-2635 (fax) www.petrotechse.com    Petrotech Southeast, Inc. TERMS AND CONDITIONS  PAYMENT: Unless otherwise indicated in the proposal, Petrotech Southeast, Inc. billingy willl bet basedo ona accrued time,  BILLING ANDE  Should  not be received within 10 days, the amount due  test costs and expenses. Client agrees top pay invoice upon receipt. per year payment andt the cost of collection, including reasonable attorneys' shall bear aservice charge of 1% per cent per month or 18 percent has objection to any invoice or part thereof submitted by Petrotech fees, if collected by law through an attorney. Ift the Client his reasons any, within 14 days ofr receipt ofs suchi invoice. Ifthe projecti ist terminated Southeast, Inc., hes shalls soa advise usi in writing giving shall be for services performed prior to receiving notice of such termination, in addition to Petrotech Southeast, Inc. reimbursable expenses any and records necessary to document our files and protect our  inv whole ori inp partt then! Petrotech Southeast, Inc. Southeast, Inc.'s sole discretion, include completion Southeast, of analyses professional reputation. Int the event that Petrotech product shall bet based on current market conditions and may be subjectt to change. required bys state laws. In addition we maintain limits of $1,000,000.00. A certificate ofi insurance can be supplied evidencing such insurance any! loss, damage orl liability! beyond amounts limits, coverage or. conditions ofs HAZARDOUS SUBSTANCES AND CONSTITUENTS: health, the environment ore equipment. Clienta agrees to provide EXCLUSIVITY: Upon execution of agreement, agrees affectt the services, the riski involved inp providing thes Southeast, Inc. thereof. Subsequent tot that notification, Petrotech complete the originals scope ofs servicesi in: accordancer with thep procedures originallyi oft thep such revision to bei in writing and signed by the parties andi incorporated!  paidf and: shut down costs incurred. Shut down costs may, at Petrotech  to pay for a recyclable product, the price paid for that such coverage. We. will not bel liable or responsible for to advise Petrotech Southeast, Inc. upon execution of this agrees in, on or near the site presenting a potential. danger to human to exclusively use Petrotech Southeast, Inc. for all services and in Petrotech! Southeast, Inc.'s judgment significantly affect orr may If practicable, in Petrotech: Southeast, Inc. solej judgment, intendedi int this proposal: (b) Agreey witht the Client: unforeseen conditions or occurrences,  Inc. agrees  Petrotech Southeast,  Inc. maintains worker's compensation and employer's liability insurance for our employees as comprehensive. general liability, pollution liability, and vehicle liabilityi insurance with  LIABILITY:  above.. specified  Client Client  agreement of any hazardous substances or any condition existing continuingi information, asi it becomes available tot the attention oft the  Clienti int thef future. products described int this agreement UNFORESEEN  this  OCCURRENCES:  the performance of services, any unforeseen hazardous substances or constituents or  If during encountered  other unforeseen conditions or occurrences are services which, ort the recommended: scope ofs services, wes will promptly notify the Client tor modify the scope ofs services and the estimate of chargest to include study herein: or previously Terminate thes services effective on the date  may: (a)  (c)  specified by usi in writing. CLAIMS: int the eventt Clientr and expenses ofe experts.  TAXES AND SURCHARGES: Any applicable taxes and surcharges shalll bei invoiced accordingly. the performance ofF Petrotech! Southeast, Inc. that cannot be Inc. in then' Client shall pay all costs incurred by Petrotech Southeast, claim defendingi related, our personnel related costs, attomey's fees, court costs and other SEVERABILITY: in the event that any provision herein remain inf fullf force and effect, and bindingt tot the parties hereto. or liability between Client and Petrotech  that makes claim  Petrotech Southeast, Inc. for any alleged error, omission, or act arising out of against mutually resolved without litigation, and Clientf fails to prove such claim,  itself against the claim, including, withoutl limitation including without limitation, costs, fees,  expenses,  shall be deemed invalid or unenforceable, the other provisions hereins shall  termination oft the agreement and allp provisions oft this agreement allocation responsibility and the documents attached hereto and which are incorporated herein constitute the entire  SURVIVAL: All obligations arising prior to Southeast, Inc. shall survive. the completion of the services and the termination of this  agreement. agreement  INTEGRATION: between This the agreement parties and cannot be changed except by writteni instrument: signed by both parties.: GOVERNING LAW: This agreement shall be governed ina allr respects by the laws oft the State ofF Florida.  when  Client and final approval of proposal by a Petrotech Southeast, Inc. officer will  ACCEPTANCE: This proposal, accepted by terms and conditions. Itis expressly agreed. that there are no promises,  constitute a bona fide contract between us, subject to agreements, oral orv written, not specified int this proposal.  Bys signing you acknowledge acceptance of Petrotech Southeast, Inc.'st terms and conditions.  Printed Name  Title  Date  Signature  allp and return Petrotech Southeast, Inc.  Ifthis proposal meets with your approval, please signa pages  23800 County Road 561, Astatula, FL 34705 407-656-8114 352-343-2635 (fax) www.petrolechse.com