Which way will Lakeland City Commissioners go on proposed Lake Miriam apartment complex?
Maya Lora, The Ledger
6 min read
Publix Super Markets owns 12 acres of land at the Lake Miriam Square Publix shopping center. Currently zoned for commercial and previously set to host an LA Fitness, the land is now marked for a 244-unit apartment complex. Nearby residents are fighting the proposal because of traffic and safety concerns.
LAKELAND — On Monday, the Lakeland City Commission will decide whether or not to approve a controversial apartment complex behind the Lake Miriam Publix.
The 244-unit complex, proposed at the northeast corner of Lake Miriam Drive and South Florida Avenue, was given the initial green light back in February on a 3-2 vote at the Lakeland Planning and Zoning Board meeting.
The commission will decide whether to follow the board's recommendation two weeks later than originally planned. The vote and public hearing was pushed because the developer's traffic consultant was out of state for the March 21 meeting.
The commission was presented with initial facts and findings from city staff at a Friday agenda study session in anticipation of a well-attended meeting Monday. At that meeting, staff will give its presentation first, followed by a presentation from the applicant, Preferred Apartment Communities. There will then be time allotted for public comment, followed by an applicant rebuttal.
At the agenda study, City Attorney Palmer Davis said that usually with items up for second reading, commissioners make motions to approve or reject ordinances immediately after they're read aloud. He suggested that in this case, commissioners hold their motions until after the applicant rebuttal, a procedure commissioners vocally agreed to.
The commissioners will then vote. Commissioner Mike Musick questioned the speed with which they have to come to a decision.
"We're going to have a traffic study, we're going to have all of that stuff, and yet the same day, we're going to sit and vote on it," Musick said. "Why is that as opposed to getting information and being able to, to process it? I mean, that's a quick turnover on that, for something that's so critical as this."
The Lakeland City Commission will make a decision concerning the controversial apartments behind the Lake Miriam Publix on Monday. The apartment complex scraped by on a 3-2 vote by the Lakeland Planning and Zoning Board in February.
Davis said that's just the way the process is set up — presentations and public comments are heard the same day as the vote, in reverse order of the process at the planning and zoning level. But he clarified that if commissioners felt they didn't have enough information, they could vote to continue the case.
Commissioner Phillip Walker raised the concern that the commission's chambers may not be large enough to hold all those interested in speaking Monday, comparing the situation to the highly controversial apartment complex approved near the Carillon Lakes community last year. While the rest of the commission seemed convinced the chambers will be large enough, especially without COVID-19 social distancing measures in place, the conference room will be open for overflow, said City Manager Shawn Sherrouse.
Usually, members of the public have five minutes each to speak. Mayor Bill Mutz said that may change Monday, depending on turnout.
"If we find that we have a lot of people who show, we may go to three minutes in comments," Mutz said. "My recommendation would be that people who may be preparing comments make sure they get in the first three minutes things they want to say if there's a lot of people. Otherwise, we'll stay at the five minutes."
Neighbors may also elect to have a spokesperson speak on their behalf. That person could provide a summary of the residents' concerns and would be given longer than the traditional five minutes to speak, Davis said.
At the planning and zoning level, residents raised a variety of concerns about the project, including those related to traffic and pedestrian safety, compatibility, ability to turn onto Lake Miriam Drive and increased traffic, especially during the pick-up and drop-off times for Lakeland Highlands Middle School.
On Monday, residents are likely to present the same issues. But commissioners have to be careful with what they take into consideration when casting a vote, as it will be considered a quasi-judicial decision.
Davis said that with zoning changes, the initial burden is on the applicant to establish that the sought after zoning change is consistent with the city's comprehensive plan. The burden then shifts to the commissioners, if they choose to deny the request, to demonstrate why the change in zoning wouldn't serve a legitimate purpose and provide a reason as to why the zoning should remain as is.
"It's not good enough to just say, in a very conclusory fashion, 'We just don't agree with that. We don't want to do that,'" Davis said. "The courts say you have to have what's called competent, substantial evidence to support your decision to not grant a zone change."
When considering complicated issues such as traffic or property values, Davis said, a person with expertise has to weigh in on the issue for it to be considered legitimate. City staff and experts brought forward by the applicant would be qualified to speak on those issues. But in some cases, residents would also be qualified.
"Facts are also competent, substantial evidence if they're provided by someone that has, that is in a position to know those facts," Davis said. "They [residents] certainly can testify to facts that they are in a position to know about and the courts will say that's competent, substantial evidence."
There are things the courts won't back as the sole source of evidence for a denial, such as petitions provided by residents.
Similarly, Commissioner Chad McLeod said that commissioners have received emails encouraging them to consider litigation against Preferred Apartment Communities regarding other projects. But commissioners can't take that into consideration because land ownership could change — the decision must be made solely based on zoning compatibility.
The Lakeland City Commission will make a decision concerning the controversial apartments behind the Lake Miriam Publix on Monday. The apartment complex scraped by on a 3-2 vote by the Lakeland Planning and Zoning Board in February.
"I think that you need to evaluate this particular application on its own merits," Davis said.
The proposed apartment complex, if approved, will be built on 12.07 acres, yielding a density of 20.21 dwelling units per acre. Transportation and Development Review Manager Chuck Barmby said that's consistent with the comprehensive plan's objectives for transit oriented corridors, where this site is located.
Traffic is likely to be the heaviest topic at Monday's meeting. According to previous presentation's from the developer's traffic consultant, the rezoning of the land for this project from commercial to residential will reduce the number of projected trips and reduce traffic density.
Barmby reminded commissioners that their vote must be based on the difference between how the intersection of Lake Miriam Drive and South Florida Avenue performs today and how it would perform when the development's additional traffic and mitigation efforts are factored into the equation.
"The Florida (Avenue), Lake Miriam intersection fails today. And so this project does not create an additional failure either at that intersection or on Lake Miriam Drive," Barmby said. "We cannot hold this development responsible for existing failures."
Maya Lora can be reached with tips or questions at mlora@gannett.com. Follow her on Twitter @mayaklora.
