City Commission Meeting

DATE: Monday, December 8, 2025, 6:00 p.m. LOCATION: City Hall - John Fuller Auditorium 451 Third Street NW Winter Haven, FL 33881 1. CALL TO ORDER - Nathaniel J. Birdsong, Jr., Mayor 2. ROLL CALL - Vanessa Castillo, MMC, City Clerk 3. INVOCATION - Pastor Jonathan Winfree, Redeemer City Church 4. PLEDGE OF ALLEGIANCE - Vanessa Castillo, MMC, City Clerk 5. PRESENTATIONS 6. DEVELOPMENTS OF NOTE 7. MINUTES 8. COMMENTS FROM THE AUDIENCE 9. ORDINANCE(S) - SECOND READING - PUBLIC HEARING 9.A O-25-36 - Request by VMAR DEV, LLC and Cunningham Investors, LLC to amend the Future Land Use on a parcel and a portion of another parcel from Neighborhood Suburban Future Land Use to Neighborhood Support Future Land Use 9.B O-25-37 - Request by VMAR DEV, LLC and Cunningham Investors, LLC to rezone a parcel and a portion of another parcel from Planned Unit Development (PD) zoning district to Commercial- Highway (C-3) zoning district 9.C O-25-39 - Administrative request to amend the Winter Haven Code of Ordinances, Chapter 5, Article II by adding Section 5-24 relating to the scheduling or commencement of structural repairs by condominium or cooperative associations within a specified timeframe after the Building Official's receipt of Phase Two Inspection Report CITY COMMISSION MEETING Staff Contact: Heather Reuter, Senior Planner, hreuter@mywinterhaven.com Summary - Ordinances O-25-36 and O-25-37 O-25-36 Staff Contact: Heather Reuter, Senior Planner, hreuter@mywinterhaven.com Summary - Ordinances O-25-36 and O-25-37 O-25-37 CITY COMMISSION MEETING – DECEMBER 8, 2025 1

9.D O-25-40 - Amending O-25-29 appropriating funds for fiscal year ending September 30, 2026 9.E O-25-41 - Amending O-25-29 appropriating funds for fiscal year ending September 30, 2026 9.F O-25-42 - Amending O-24-44 appropriating funds for fiscal year ending September 30, 2025 10. CONSENT AGENDA 10.A Florida Department of Transportation (FDOT) Road Closure Permit Application 10.B Theatre Winter Haven Use Agreement for the Ritz Theatre - Second Addendum 10.C Authorization for Travel & Training - Coastal & Heartland National Estuary Partnership (CHNEP) Policy Committee 2026 Meetings (Mercer) 10.D CRA Board Seat 2 Reappointment 10.E Law Enforcement JAG23 Residual Grant Body Armor Staff Contact: Sean Byers, Planning Manager, sbyers@mywinterhaven.com Summary - Ordinance O-25-39 O-25-39 Staff Contact: CJ Scott, Chief Financial Officer, cjscott@mywinterhaven.com Summary - O-25-40 O-25-40 Estate of Velma Seawell Daniels Petition for Discharge Staff Contact: CJ Scott, Chief Financial Officer, cjscott@mywinterhaven.com Summary O-25-41 O-25-41 Exhibit A O-25-41 Staff Contact: CJ Scott, Chief Financial Officer, cjscott@mywinterhaven.com Summary - O-25-42 O-25-42 Exhibit A Staff Contact: Natalie Wilson, Special Events & Initiatives Coordinator, nwilson@mywinterhaven.com Summary - FDOT Road Closure Permit MLK Parade Route Map Staff Contact: Julie Adams, Director of Parks, Recreation & Culture, jadams@mywinterhaven.com Summary - Theatre Winter Haven Second Addendum to Use Agreement Ritz Theatre Property Theatre Winter Haven Use Agreement Theatre Winter Haven First Addendum to Use Agreement Theatre Winter Haven Second Addendum to Use Agreement Staff Contact: T. Michael Stavres, City Manager, mstavres@mywinterhaven.com Summary - 2026 CHNEP Policy Committee Meetings Staff Contact: Angie Hibbard, CRA Manager, ahibbard@mywinterhaven.com Summary - CRA Board Re-Appointment - Seat 2 Reappointment Letter - Dr. Threlkel (Seat 2) CITY COMMISSION MEETING – DECEMBER 8, 2025 2

10.F Purchasing of Drones and Holsters 10.G East Winter Haven Aquifer Recharge and Wetland Restoration - Protected Species Habitat Evaluation 11. RESOLUTION(S) 11.A R-25-52 - Request by Forestar (USA) Real Estate Group Inc. to vacate a 40 to 60 Foot wide north/south improved right of way consisting of the old West Lake Eloise Drive 11.B R-25-53 - Naming an unnamed north/south running right-of-way generally located north of Old Lucerne Park Road and south of Greppen Pass, as platted by the Lake Lucerne Phase 6 Subdivision, as Greppen Pass 11.C R-25-54 - Request by Forestar (USA) Real Estate Group Inc. to vacate a public utility easement established in 2006; underground water and sewer utility easement, as recorded in the Official Records Book 7132, Pages 521 through 524, Public Records Polk County, Florida 11.D R-25-55 - Request by Forestar (USA) Real Estate Group, Inc., to release the subdivision Performance Bond and confirming acceptance of improvements, infrastructure, and dedications in favor of the Public/City of Winter Haven for the Harmony on Lake Eloise Phase 3A Subdivision 11.E R-25-56 - Re-Naming of Winter Haven Tennis Center Staff Contact: Gregory Goreck, Deputy Police Chief, ggoreck@mywinterhaven.com Summary - Law Enforcement JAG23 - Residual Grant Body Armor Executable JAG23 Countywide Residual Grant WHPD Officer Safety Program Staff Contact: Donald Nunnery, Captain, dnunnery@mywinterhaven.com Summary - Purchasing of Drones and Holsters Paddle Holsters - Lou's Police Distributors Skydio R10 Drones - Axon Enterprise Inc. Staff Contact: Gary M. Hubbard, Water Department Director, ghubbard@mywinterhaven.com Summary - East Winter Haven Aquifer Recharge and Wetland Restoration -Protected Species Habitat Evaluation 1 East Winter Haven Protected Species Habitat Evaluation - Task Order 3 HGS, LLC Change Order #2 Authorization Staff Contact: Chris Young, Senior Planner, cyoung@mywinterhaven.com Summary - Resolutions R-25-52; R-25-54; R-25-55 Resolution R-25-52 Staff Contact: Sean Byers, Planning Manager, sbyers@mywinterhaven.com Summary - Resolution R-25-53 R-25-53 Staff Contact: Chris Young, Senior Planner, cyoung@mywinterhaven.com Summary - Resolutions R-25-52; R-25-54; R-25-55 Resolution R-25-54 Staff Contact: Chris Young, Senior Planner, cyoung@mywinterhaven.com Summary - Resolutions R-25-52; R-25-54; R-25-55 Resolution - R-25-55 CITY COMMISSION MEETING – DECEMBER 8, 2025 3

11.F R-25-57 - Affordable Housing Advisory Committee Reappointments 11.G R-25-58 - Unsolicited Proposal for a Qualifying Project (Parking Garage) Pursuant to Section 255.065 Florida Statutes 12. ORDINANCE(S) - FIRST READING 13. NEW BUSINESS 13.A Certification of the December 2, 2025, City of Winter Haven Municipal Run-Off Election for Commission Seat No. 4 13.B Affordable Housing Incentive Strategies Report 2025 14. CITY COMMISSIONERS/LIAISON REPORTS 15. CITY ATTORNEY REPORT 16. CITY MANAGER REPORT 17. DEPUTY CITY MANAGER REPORT 18. CITY CLERK REPORT 19. EMERGENCY MATTERS NOT RECEIVED FOR THE AGENDA 20. ADJOURNMENT Staff Contact: T. Michael Stavres, City Manager, mstavres@mywinterhaven.com Summary - Resolution R-25-56 Resolution R-25-56 Staff Contact: Eric Labbe, Director of Economic Opportunity and Community Investment, elabbe@mywinterhaven.com Summary - Resolution R-25-57 Resolution R-25-57 AHAC reappointment forms 2025 Staff Contact: Eric Labbe, Director of Economic Opportunity and Community Investment, elabbe@mywinterhaven.com Summary - Resolution R-25-58 Resolution R-25-58 (P3 - Parking Garage - Six Ten LLC) R-25-58 Report of Public Comments Received Downtown Strategic Parking and Mobility Master Plan Staff Contact: Vanessa Castillo, MMC, City Clerk, vcastillo@mywinterhaven.com Summary - Certification of 2025 Run-Off Election 2025 Municipal Run-Off Election - Certificate of the City Canvassing Board (Seat No. 4) Staff Contact: Eric Labbe, Director of Economic Opportunity and Community Investment, elabbe@mywinterhaven.com Summary - Affordable Housing Incentive Strategies Report 2025 Affordable Housing Incentives Report 2025 Affidavit of Publication - Winter Haven Sun Notice of Public Meeting CITY COMMISSION MEETING – DECEMBER 8, 2025 4

If a person decides to appeal any decision made by the Commission with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and that, for such purpose, they may need to ensure that a verbatim record of the proceeding is made which record includes the testimony and evidence upon which the appeal is to be based (FS 286.0105). In accordance with the Americans with Disabilities Act and Florida Statutes, Section 286.26, persons with disabilities needing special accommodations to participate in this proceeding, should contact the City Clerk's Office, 451 Third Street, NW, Winter Haven, Florida 33881, in writing, not later than 48 hours prior to the proceeding; if not in writing, then not later than four (4) days prior to the proceeding at (863) 291-5600. Vision or hearing impaired please call (800) 955-8771 for assistance. CITY COMMISSION MEETING – DECEMBER 8, 2025 5

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 1 OF 7 DATE: November 6, 2025 TO: Honorable Mayor and City Commissioners VIA: T. Michael Stavres, City Manager M.J. Carnevale, Deputy City Manager Eric Labbe, Economic Opportunity & Community Investment Director Sean Byers, Planning Manager FROM: Heather Reuter, Senior Planner SUBJECT: Ordinance O-25-36: Request by VMAR DEV, LLC and Cunningham Investors, LLC to amend the Future Land Use on a parcel and a portion of another parcel from Neighborhood Suburban Future Land Use to Neighborhood Support Future Land Use. General Location: The subject property is generally located at the northeast corner of the intersection of Thompson Nursery Road and Cunningham Road and south of Thompson Nursery Road approximately 330 feet east of Cunningham Road. The area covered by this request is 46.21± acres; and Ordinance O-25-37: Request by VMAR DEV, LLC and Cunningham Investors, LLC to rezone a parcel and a portion of another parcel from Planned Unit Development (PD) zoning district to Commercial- Highway (C-3) zoning district. General Location: The subject property is generally located at the northeast corner of the intersection of Thompson Nursery Road and Cunningham Road and south of Thompson Nursery Road approximately 330 feet east of Cunningham Road. The area covered by this request is 46.21± acres. BACKGROUND VMAR DEV, LLC and Cunningham Investors, LLC, petitioners, request the City amend the 2035 Future Land Use Map on a parcel and a portion of another parcel from Neighborhood Suburban Future Land Use to Neighborhood Support Future Land Use, and rezone the same parcel and a portion of another parcel from Planned Unit Development (PUD) zoning district to Commercial- Highway (C-3) zoning district. The subject property, totaling 46.21± acres, is generally located at the northeast corner of the intersection of Thompson Nursery Road and Cunningham Road and south of Thompson Nursery Road approximately 330 feet east of Cunningham Road. The subject property is currently subject to PUD Ordinance O-21-72. The parcel located north of Thompson Nursery Road is an open space tract in Villamar Phase 7 and the portion of a parcel located south of Thompson Nursery Road was intended to be Villamar Phase 8 and consist of 219 single family homes. The petitioners propose to develop the property with commercial uses. Based on the requested Neighborhood Support Future Land Use designation, theoretically a maximum 503,118 square feet (46.21 acres x 0.25 FAR) of commercial could be developed on the site. 6

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 2 OF 7 As these requests contain a small-scale Future Land Use amendment, review by the Florida Department of Commerce and other state and local agencies is not required. SURROUNDING USES The subject property is located to the north and south of the Thompson Nursery Road realignment, which is an arterial road that, when completed in 2030/2031, will ultimately connect from Highway 27 to the intersection of Highway 17 and Highway 540. Additionally, the property is located at the intersection with Cunningham Road, which serves as a collector road between Thompson Nursery Road and County Road 653, and also approximately 1,000 feet west of Eloise Loop Road, which is also a collector road. Uses surrounding the subject property include Lake Grass and drainage and retention to the north; Lake Reed and the Terranova subdivision to the east; the Terranova and Villamar subdivisions to the south; and the Villamar subdivision to the west. INFRASTRUCTURE The table below outlines the expected potential demands on the supporting infrastructure for the maximum 503,118 square feet of commercial development. Potable Water and Wastewater Utilities (as of September 30, 2025) Measured in gallons per day (gpd) Type of Infrastructure 24-month Average Capacity Projected Demands from This Request Remaining Capacity (If Request Permitted Today) Projected Future Demands for Prior Approved Projects* Potential Remaining Capacity if All Approved Projects are Constructed Potable Water 3,149,000 110,686 3,038,314 2,159,100 879,214 Wastewater Plant 3 2,890,000 97,403 2,792,597 996,700 1,795,897 *Projected Future Demands includes platted residential subdivisions, approved multi-family residential site plans, and approved commercial site plans. Approved multi-family or commercial site plans are approved for up to a maximum of 30 months. If a permit is not issued within this time period, the approved site plan becomes null and void and any reserved capacity assigned to that project is returned to the available capacity. The Thompson Nursery Road realignment project has portions built and additional portions expected to be under construction within three (3) to six (6) months. This project can be utilized when determining concurrency capacity; however, available trip counts have not been assigned to the realigned roadway at this time. The maximum projected PM Peak Hour trips for 503,118 square feet of commercial is 2,526 trips. The above evaluation of water, wastewater, and transportation concurrency for a specific property or project at the Future Land Use or zoning stage should simply be viewed as a “snapshot in time” with regards to available capacity. Between the time when a particular Future Land Use designation and/or 7

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 3 OF 7 zoning district is assigned to a property, and the point in time when an actual development project is submitted for approval, there are many factors which may affect the amount of available water, wastewater, or transportation capacity required for issuing final concurrency approval. These factors may include increased or decreased allocations in available capacities, approved projects not being constructed, unforeseen projects being constructed, and constructed projects using more or less than their projected demands. COMPREHENSIVE PLAN The requested Neighborhood Support Future Land Use is consistent with property’s frontage on an arterial road and close proximity to intersections with collector roads. The requested C-3 zoning district is consistent with the Neighborhood Support Future Land Use designation. NOTIFICATION All notification requirements for these requests were met. FINANCIAL IMPACT There is no direct financial impact to the City with these requests. These are requests initiated by an application by a private party. In accordance with Section 166.041 (4)(c)(7)(b) of the Florida Statutes, ordinances initiated by an application by a private party are exempt from providing Business Impact Estimates. STRATEGIC PLAN ALIGNMENT This is a routine land use and zoning amendment associated with normal operations of the City not specifically defined as a goal or strategy within the Strategic Plan. However, it is aligned with the Responsible Government and Economic Sustainability Strategic Pillars. PLANNING COMMISSION RECOMMENDATION The Planning Commission, at its November 3, 2025 regular meeting, voted to recommend approval of these requests. Two members of the public spoke with concerns about traffic, flooding, and potential crime. CONCLUSION Staff’s review of these requests yields the following conclusions:  The proposed Neighborhood Support Future Land Use and C-3 zoning district is consistent with the subject property’s frontage on an arterial road and close proximity to intersections with collector roads; and 8

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 4 OF 7  The City’s 2035 Comprehensive Plan encourages commercial uses to focus into nodes centered around key intersections within the City. Further supporting this request is the presence of 1,792 residential units in the Villamar subdivision alone and presence of 1,000+ additional housing units within a short distance. The close proximity of these neighborhoods to this proposed development has the ability to reduce the number and the length of vehicle trips onto the surrounding roadway network through a more compact development pattern as advocated in the Comprehensive Plan’s Transportation Element Objective 2.1; and  There is sufficient public infrastructure capacity to accommodate the maximum theoretical development under C-3. RECOMMENDATION Staff recommends the City Commission approve Ordinances O-25-36 and O-25-37. ATTACHMENTS  Future Land Use Map  Zoning Map  Aerial Map  Ordinance O-25-36 (Future Land Use)  Ordinance O-25-37 (Zoning) 9

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ORDINANCE NO. O-25-36 AN ORDINANCE AMENDING ORDINANCE 23-25, THE 2035 WINTER HAVEN COMPREHENSIVE PLAN, BY REVISING THE FUTURE LAND USE MAP SERIES BY AMENDING THE FUTURE LAND USE ON ONE (1) PARCEL AND A PORTION OF ANOTHER PARCEL FROM NEIGHBORHOOD SUBURBAN FUTURE LAND USE TO NEIGHBORHOOD SUPPORT FUTURE LAND USE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE ADMINISTRATIVE CORRECTION OF SCRIVENER’S ERRORS; AND PROVIDING AN EFFECTIVE DATE. (General Location: The subject property is generally located at the northeast corner of the intersection of Thompson Nursery Road and Cunningham Road and south of Thompson Nursery Road approximately 330 feet east of Cunningham Road. The area covered by this request is 46.21± acres.) WHEREAS, a proposed amendment to the Winter Haven Comprehensive Plan, Future Land Use Map Series, has been studied, documented, advertised, and heard by the Winter Haven Planning Commission; and WHEREAS, the City Commission of the City of Winter Haven, Florida, deems it appropriate to amend the Comprehensive Plan in order to further the public interest and the general welfare of the citizens of the City of Winter Haven. WHEREAS, the request is initiated by an application by a private party, and therefore is exempt from requiring a Business Impact Estimate as set forth by Section 166.041(4)(c)(7)(b) of the Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF WINTER HAVEN, FLORIDA, AS FOLLOWS: 1. That the Future Land Use Map Series of the Comprehensive Plan of the City of Winter Haven, Florida, is hereby amended by re-designating the area as shown on Exhibit “A” from “Neighborhood Suburban” Future Land Use to “Neighborhood Support” Future Land Use; as classified by the City of Winter Haven’s Future Land Use Element. 2. This Ordinance shall not be codified, but the City Clerk shall retain this Ordinance as a permanent record of action taken by the City Commission. 13

Ordinance O-25-36 Page 2 of 3 3. All ordinances in conflict herewith are hereby repealed. 4. The administrative correction of typographical and/or scrivener’s errors which do not affect the intent may be authorized by the City Manager or designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 5. The effective date of this small-scale Comprehensive Plan amendment shall be 31 days after adoption, unless the amendment is challenged pursuant to Section 163.3187(5), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Commerce or its functional equivalent, or the Administration Commission, finding amendment in compliance with Section 163.3184, F.S. No development orders, development permits or land use dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of the resolution shall be sent to the Department of Commerce, Division of Community Planning and Development, 107 East Madison Street, Tallahassee, Florida 32399. INTRODUCED on first reading this 24th day of November, 2025. PASSED on second reading this 8th day of December, 2025. CITY OF WINTER HAVEN, FLORIDA _____________________________ MAYOR-COMMISSIONER Nathaniel J. Birdsong, Jr. ATTEST: _________________________ CITY CLERK Vanessa Castillo, MMC Approved as to form: _________________________ CITY ATTORNEY Frederick J. Murphy, Jr. 14

Ordinance O-25-36 Page 3 of 3 Exhibit “A” 15

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 1 OF 7 DATE: November 6, 2025 TO: Honorable Mayor and City Commissioners VIA: T. Michael Stavres, City Manager M.J. Carnevale, Deputy City Manager Eric Labbe, Economic Opportunity & Community Investment Director Sean Byers, Planning Manager FROM: Heather Reuter, Senior Planner SUBJECT: Ordinance O-25-36: Request by VMAR DEV, LLC and Cunningham Investors, LLC to amend the Future Land Use on a parcel and a portion of another parcel from Neighborhood Suburban Future Land Use to Neighborhood Support Future Land Use. General Location: The subject property is generally located at the northeast corner of the intersection of Thompson Nursery Road and Cunningham Road and south of Thompson Nursery Road approximately 330 feet east of Cunningham Road. The area covered by this request is 46.21± acres; and Ordinance O-25-37: Request by VMAR DEV, LLC and Cunningham Investors, LLC to rezone a parcel and a portion of another parcel from Planned Unit Development (PD) zoning district to Commercial- Highway (C-3) zoning district. General Location: The subject property is generally located at the northeast corner of the intersection of Thompson Nursery Road and Cunningham Road and south of Thompson Nursery Road approximately 330 feet east of Cunningham Road. The area covered by this request is 46.21± acres. BACKGROUND VMAR DEV, LLC and Cunningham Investors, LLC, petitioners, request the City amend the 2035 Future Land Use Map on a parcel and a portion of another parcel from Neighborhood Suburban Future Land Use to Neighborhood Support Future Land Use, and rezone the same parcel and a portion of another parcel from Planned Unit Development (PUD) zoning district to Commercial- Highway (C-3) zoning district. The subject property, totaling 46.21± acres, is generally located at the northeast corner of the intersection of Thompson Nursery Road and Cunningham Road and south of Thompson Nursery Road approximately 330 feet east of Cunningham Road. The subject property is currently subject to PUD Ordinance O-21-72. The parcel located north of Thompson Nursery Road is an open space tract in Villamar Phase 7 and the portion of a parcel located south of Thompson Nursery Road was intended to be Villamar Phase 8 and consist of 219 single family homes. The petitioners propose to develop the property with commercial uses. Based on the requested Neighborhood Support Future Land Use designation, theoretically a maximum 503,118 square feet (46.21 acres x 0.25 FAR) of commercial could be developed on the site. 16

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 2 OF 7 As these requests contain a small-scale Future Land Use amendment, review by the Florida Department of Commerce and other state and local agencies is not required. SURROUNDING USES The subject property is located to the north and south of the Thompson Nursery Road realignment, which is an arterial road that, when completed in 2030/2031, will ultimately connect from Highway 27 to the intersection of Highway 17 and Highway 540. Additionally, the property is located at the intersection with Cunningham Road, which serves as a collector road between Thompson Nursery Road and County Road 653, and also approximately 1,000 feet west of Eloise Loop Road, which is also a collector road. Uses surrounding the subject property include Lake Grass and drainage and retention to the north; Lake Reed and the Terranova subdivision to the east; the Terranova and Villamar subdivisions to the south; and the Villamar subdivision to the west. INFRASTRUCTURE The table below outlines the expected potential demands on the supporting infrastructure for the maximum 503,118 square feet of commercial development. Potable Water and Wastewater Utilities (as of September 30, 2025) Measured in gallons per day (gpd) Type of Infrastructure 24-month Average Capacity Projected Demands from This Request Remaining Capacity (If Request Permitted Today) Projected Future Demands for Prior Approved Projects* Potential Remaining Capacity if All Approved Projects are Constructed Potable Water 3,149,000 110,686 3,038,314 2,159,100 879,214 Wastewater Plant 3 2,890,000 97,403 2,792,597 996,700 1,795,897 *Projected Future Demands includes platted residential subdivisions, approved multi-family residential site plans, and approved commercial site plans. Approved multi-family or commercial site plans are approved for up to a maximum of 30 months. If a permit is not issued within this time period, the approved site plan becomes null and void and any reserved capacity assigned to that project is returned to the available capacity. The Thompson Nursery Road realignment project has portions built and additional portions expected to be under construction within three (3) to six (6) months. This project can be utilized when determining concurrency capacity; however, available trip counts have not been assigned to the realigned roadway at this time. The maximum projected PM Peak Hour trips for 503,118 square feet of commercial is 2,526 trips. The above evaluation of water, wastewater, and transportation concurrency for a specific property or project at the Future Land Use or zoning stage should simply be viewed as a “snapshot in time” with regards to available capacity. Between the time when a particular Future Land Use designation and/or 17

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 3 OF 7 zoning district is assigned to a property, and the point in time when an actual development project is submitted for approval, there are many factors which may affect the amount of available water, wastewater, or transportation capacity required for issuing final concurrency approval. These factors may include increased or decreased allocations in available capacities, approved projects not being constructed, unforeseen projects being constructed, and constructed projects using more or less than their projected demands. COMPREHENSIVE PLAN The requested Neighborhood Support Future Land Use is consistent with property’s frontage on an arterial road and close proximity to intersections with collector roads. The requested C-3 zoning district is consistent with the Neighborhood Support Future Land Use designation. NOTIFICATION All notification requirements for these requests were met. FINANCIAL IMPACT There is no direct financial impact to the City with these requests. These are requests initiated by an application by a private party. In accordance with Section 166.041 (4)(c)(7)(b) of the Florida Statutes, ordinances initiated by an application by a private party are exempt from providing Business Impact Estimates. STRATEGIC PLAN ALIGNMENT This is a routine land use and zoning amendment associated with normal operations of the City not specifically defined as a goal or strategy within the Strategic Plan. However, it is aligned with the Responsible Government and Economic Sustainability Strategic Pillars. PLANNING COMMISSION RECOMMENDATION The Planning Commission, at its November 3, 2025 regular meeting, voted to recommend approval of these requests. Two members of the public spoke with concerns about traffic, flooding, and potential crime. CONCLUSION Staff’s review of these requests yields the following conclusions:  The proposed Neighborhood Support Future Land Use and C-3 zoning district is consistent with the subject property’s frontage on an arterial road and close proximity to intersections with collector roads; and 18

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 4 OF 7  The City’s 2035 Comprehensive Plan encourages commercial uses to focus into nodes centered around key intersections within the City. Further supporting this request is the presence of 1,792 residential units in the Villamar subdivision alone and presence of 1,000+ additional housing units within a short distance. The close proximity of these neighborhoods to this proposed development has the ability to reduce the number and the length of vehicle trips onto the surrounding roadway network through a more compact development pattern as advocated in the Comprehensive Plan’s Transportation Element Objective 2.1; and  There is sufficient public infrastructure capacity to accommodate the maximum theoretical development under C-3. RECOMMENDATION Staff recommends the City Commission approve Ordinances O-25-36 and O-25-37. ATTACHMENTS  Future Land Use Map  Zoning Map  Aerial Map  Ordinance O-25-36 (Future Land Use)  Ordinance O-25-37 (Zoning) 19

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ORDINANCE NO. O-25-37 AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER HAVEN, FLORIDA, BY REZONING ONE (1) PARCEL AND A PORTION OF ANOTHER PARCEL FROM PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO COMMERCIAL- HIGHWAY (C-3) ZONING DISTRICT; PROVIDING FOR THE ADMINISTRATIVE CORRECTION OF SCRIVENER’S ERRORS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. (General Location: The subject property is generally located at the northeast corner of the intersection of Thompson Nursery Road and Cunningham Road and south of Thompson Nursery Road approximately 330 feet east of Cunningham Road. The area covered by this request is 46.21± acres.) WHEREAS, there has been a request to rezone the property depicted below, and; WHEREAS, the action will further the general health, safety, and welfare and be a benefit to the City as a whole, and; WHEREAS, the requested zoning is consistent with the Future Land Use Element of the Winter Haven Comprehensive Plan. WHEREAS, the request is initiated by an application by a private party, and therefore is exempt from requiring a Business Impact Estimate as set forth by Section 166.041(4)(c)(7)(b) of the Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF WINTER HAVEN, FLORIDA, AS FOLLOWS: 1. That Chapter 21 of the Code of Ordinances of the City of Winter Haven, Florida, is hereby amended to rezone that land, depicted in Exhibit “A” attached hereto and made a part of this Ordinance, from Planned Unit Development (PUD) zoning district to Commercial- Highway (C-3) zoning district. 2. This Ordinance shall not be codified, but the City Clerk shall retain this Ordinance as a permanent record of action taken by the City Commission of the City of Winter Haven. 3. The administrative correction of typographical and/or scrivener’s errors which do not affect the intent may be authorized by the City Manager or designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. 4. All ordinances in conflict herewith are hereby repealed. 5. This Ordinance shall be effective immediately upon the effective date of Future Land Use Ordinance O-25-36; however, that such change shall first be noted on the official zoning map of the City of Winter Haven. 23

Ordinance O-25-37 Page 2 of 3 INTRODUCED on first reading this 24th day of November, 2025. PASSED on second reading this 8th day of December, 2025. CITY OF WINTER HAVEN, FLORIDA _____________________________ MAYOR-COMMISSIONER Nathaniel J. Birdsong, Jr. ATTEST: _________________________ CITY CLERK Vanessa Castillo, MMC Approved as to form: _________________________ CITY ATTORNEY Frederick J. Murphy, Jr. 24

Ordinance O-25-37 Page 3 of 3 Exhibit “A” 25

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 1 OF 2 DATE: October 30, 2025 TO: Honorable Mayor and City Commissioners VIA: T. Michael Stavres, City Manager Michael Carnevale, Deputy City Manager Eric Labbe, Economic Opportunity & Community Investment Director FROM: Sean Byers, Planning Manager SUBJECT: Ordinance O-25-39: Administrative request to amend the Winter Haven Code of Ordinances, Chapter 5, Article II by adding Section 5-24 relating to the scheduling or commencement of structural repairs by condominium or cooperative associations within a specified timeframe after the Building Official’s receipt of Phase Two Inspection Report. BACKGROUND In recent years, in response to the condominium building collapse in Surfside, the Florida Legislature passed legislation addressing the safety of condominium and cooperative association buildings. This focus on safety continued with the passage of House Bill 913 (HB 913) during the 2025 Legislative Session. HB 913 requires local governments to add language to their Code addressing structural repairs for condominium and cooperative association buildings within a specified timeframe. To comply with requirements contained in HB 913, Section 5-24 will be added to Chapter 5 (Buildings and Building Regulations) of the Winter Haven Code of Ordinances. Section 5-24 will require those condominium and cooperative associations, which are required by law to perform milestone inspections, to schedule or commence repairs for substantial structural deterioration, within 365 days of the Building Official receiving a Phase Two Inspection Report. A survey of the City found there are seven condominium or cooperative associations located in the City which are subject to milestone inspections (those containing buildings three or more habitable stories in height), which are required at 30 years of age and every ten years thereafter. FINANCIAL IMPACT There is no direct financial impact to the City with this request. 26

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 2 OF 2 This request makes an amendment to the Winter Haven Code of Ordinances in order to comply with applicable Florida law. In accordance with Section 166.041(4)(c)(1) of the Florida Statutes, ordinances required for compliance with state law are exempt from providing Business Impact Estimates. STRATEGIC PLAN ALIGNMENT This is an ordinance adopted in order to comply with applicable Florida law and not specifically defined as a goal or strategy within the Strategic Plan. However, it is aligned with the Responsible Government and Community Safety Strategic Pillars. RECOMMENDATION Staff recommends the City Commission approve Ordinance O-25-39 and authorize the City Manager or his designee to take all necessary actions related to the implementation of same. ATTACHMENT  Ordinance O-25-39 27

1 ORDINANCE NO. O-25-39 AN ORDINANCE OF THE CITY OF WINTER HAVEN, FLORIDA RELATING TO MANDATORY STRUCTURAL INSPECTIONS FOR CONDOMINIUM AND COOPERATIVE BUILDINGS; IMPLEMENTING SUBSECTION 553.889(11), FLORIDA STATUTES (2025); CREATING SECTION 5-24 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER HAVEN, FLORIDA; REQUIRING CONDOMINIUMS, COOPERATIVE ASSOCIATIONS, AND OWNERS SUBJECT TO MANDATORY STRUCTURAL INSPECTIONS TO SCHEDULE OR COMMENCE REPAIRS FOR SUBSTANTIAL STRUCTURAL DETERIORATION WITHIN 365 DAYS AFTER THE CITY’S RECEIPT OF A PHASE TWO INSPECTION REPORT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND THE ADMINISTRATIVE CORRECTION OF SCRIVENER’S ERRORS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 553.889(3)(a), Florida Statutes (2025), states that “An owner or owners of a building that is three habitable stories or more in height as determined by the Florida Building Code and that is subject, in whole or in part, to the condominium or cooperative form of ownership as a residential condominium under” Chapter 718 of the Florida Statutes “or a residential cooperative under” Chapter 719 of the Florida Statutes “must have a milestone inspection performed by December 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter”; and WHEREAS, a milestone inspection consists of two phases, including a visual examination of habitable and nonhabitable areas and the major structural components of a building by a licensed architect or engineer authorized to practice in Florida and, if substantial structural deterioration is identified, destructive or nondestructive testing at the inspector’s direction; and WHEREAS, pursuant to Section 553.889(8), Florida Statutes (2025), “Upon completion of a phase one or phase two milestone inspection, the architect or engineer who performed the inspection must submit a sealed copy of the inspection report with a separate summary of, at minimum, the material findings and recommendations in the inspection report to the condominium association or cooperative association, to any other owner of any portion of the building which is not subject to the condominium or cooperative form of ownership, and to the building official of the local government which has jurisdiction”; and WHEREAS, Section 4 of CS/CS/HB 913 (2025), Chapter 2025-175, Laws of Florida, codified at Section 553.889(11), Florida Statutes (2025), requires each municipal governing body in the State of Florida, including the City Commission of the City of Winter Haven, Florida, to adopt an ordinance requiring that a condominium or cooperative association and any other owner that is subject to” Section 553.889, Florida Statutes, to “schedule or commence repairs for substantial structural deterioration within a specified timeframe after the City’s building 28

2 official receives a phase two inspection report”, provided that “such repairs must be commenced within 365 days after receiving such report”; and WHEREAS, the City Commission of the City of Winter Haven desires to implement Section 553.889(11), Florida Statutes (2025), by adopting new Section 5-24 of the Code of Ordinances of the City of Winter Haven, Florida to require a condominium or cooperative association and any other owner that is subject to Section 553.889, Florida Statutes, to schedule or commence repairs for substantial structural deterioration within 365 days, which is the time allowed by general law; and WHEREAS, the City Commission of the City of Winter Haven formally finds that the provisions of this ordinance, which concerns the post-construction safety of condominium and cooperative association buildings, does not impose more restrictive or burdensome regulation or procedures on construction, reconstruction, or redevelopment of property; and WHEREAS, the City Commission of the City of Winter Haven further finds that the purpose of this ordinance is to comply with state law and, pursuant to Section 166.041(4)(c)1., Florida Statutes (2025), no business impact estimate is required to be prepared or posted prior to adoption. NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF WINTER HAVEN, FLORIDA, AS FOLLOWS: Section 1. Findings. The whereas clauses to this ordinance are found to be true by the City Commission, are incorporated herein by reference, and are made a part hereof. Section 2. Creation of Section 5-24 of the Code of Ordinances. Section 5-24 of the Code of Ordinances of the City of Winter Haven, Florida is hereby created to read as follows: Sec. 5-24 - Condominium and cooperative association building safety. A condominium or cooperative association and any other owner that is required by law to perform milestone inspections must schedule or commence repairs for substantial structural deterioration within 365 days after the building official receives a phase two inspection report. Section 3. Conflicts. All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. 29

3 Section 4. Severability. If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or part of this Ordinance. Section 5. Codification and Administrative Correction of Scrivener’s Errors. It is the intent of the City Commission that the provisions of Section 2 to this Ordinance shall be codified as and become and be made a part of the Code of Ordinances of the City of Winter Haven, Florida. Section 2 of this Ordinance may be renumbered or relettered to accomplish such intention and the word “Ordinance”, or similar words, may be changed to “Section,” “Article”, or other appropriate word. The implementing sections of this Ordinance, Sections 1, 3, 4, 5, and 6, shall not be codified. The code codifier is granted liberal authority to codify the provisions of this Ordinance, provided that the City Commission requests for the codifer to make a State Law reference to “Milestone inspections for condominiums and cooperative associations; F.S. § 553.889” as a courtesy to readers and users of the code. Regardless of whether such inclusion in such codes is accomplished, sections of this ordinance may be renumbered or relettered and the correction of typographical or scrivener’s errors which do not affect the intent may be authorized by the City Manager or his or her designee, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. INTRODUCED on First Reading this 24th day of November, 2025. PASSED on Second Reading this 8th day of December, 2025. CITY OF WINTER HAVEN, FLORIDA ___________________________________ MAYOR-COMMISSIONER Nathaniel J. Birdsong, Jr. Attest: __________________________________ CITY CLERK Vanessa Castillo, MMC 30

4 Approved as to form: __________________________________ CITY ATTORNEY Frederick J. Murphy, Jr. 31

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 1 OF 2 DATE: November 24, 2025 TO: Honorable Mayor and City Commissioners VIA: T. Michael Stavres, City Manager M.J. Carnevale, Deputy City Manager FROM: C.J. Scott, Chief Financial Officer SUBJECT: Ordinance O-25-40 an Ordinance Amending Ordinance O-25-29; appropriating funds for the fiscal year ending September 30, 2026 BACKGROUND The City of Winter Haven has received a bequest in the amount of $258,879.07 from the Estate of Velma Seawell Daniels, a long-time resident and supporter of the Winter Haven Public Library. Mrs. Daniels’ generous gift reflects her lifelong commitment to literacy and the advancement of public library services in the community. To properly record this contribution, the current fiscal year budget will be amended to reflect an increase in the City of Winter Haven Library Fund ‘Other Contributions’ Revenue account and make the funds available for library-related expenditures within the Library Fund. FINANCIAL IMPACT The City of Winter Haven Library Fund’s Budget for Fiscal Year 2025-2026 will increase by $258,879.07. In accordance with Section 166.041 ( 4) (c ) of the Florida Statutes as Ordinance O-25-40 relates to the adoption of a budget amendment it is exempt from the requirement to prepare and/or post a business impact estimate. STRATEGIC PLAN ALIGNMENT:  Pillar: Responsible Government  Goal: 6.1 – Exemplify fiscal accountability and resiliency.  Strategy: 6.1.5 – Research and pursue alternative/nontraditional revenue sources and partnership opportunities to enhance financial sustainability and resiliency. RECOMMENDATION 32

CITY COMMISSION MEETING DECEMBER 8, 2025 FACT SHEET MY WIN T ER H A V EN. C OM PAGE 2 OF 2 Staff recommends that the City Commission adopt Ordinance O-25-40, amending the budget to recognize a contribution in the amount of $258,879.07 by increasing the Library Fund’s Other Contributions revenue account (101-366201-000) offset by a corresponding increase to the Materials expenditure account (101-07-728-5220). ATTACHMENTS  Ordinance O-25-40  Estate of Velma Seawell Daniels 33

ORDINANCE NO. O-25-40 AN ORDINANCE OF THE CITY OF WINTER HAVEN, FLORIDA, RECOGNIZING A CONTRIBUTION FROM THE ESTATE OF VELMA SEAWELL DANIELS IN THE AMOUNT OF TWO HUNDRED FIFTY-EIGHT THOUSAND EIGHT HUNDRED SEVENTY-NINE DOLLARS AND SEVEN CENTS ($258,879.07) TO THE WINTER HAVEN PUBLIC LIBRARY; AMENDING ORDINANCE NO. O-25-29, ADOPTING THE CITY OF WINTER HAVEN BUDGET FOR THE FISCAL YEAR 2025-2026; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 22, 2025, the City Commission passed Ordinance O-25-29 adopting the Budget of the City of Winter Haven, Florida, Fiscal Year Commencing October 1, 2025, as the Official Budget of the City of Winter Haven, Florida, Fiscal Year 2025-2026; and WHEREAS, events occur during each fiscal year which were not anticipated by the beginning estimates, and WHEREAS, the City of Winter Haven operates the Winter Haven Public Library to promote literacy, lifelong learning, and community enrichment; and WHEREAS, the late Velma Seawell Daniels, a long-time resident and supporter of the Winter Haven Public Library, bequeathed the sum of Two Hundred Fifty-Eight Thousand Eight Hundred Seventy-Nine Dollars and Seven Cents ($258,879.07) to the City of Winter Haven for the benefit of the Library; and WHEREAS, the City of Winter Haven acknowledges the generosity of Velma Seawell Daniels and wishes to recognize her contribution as a lasting investment in the educational and cultural advancement of the community; and WHEREAS, the City Commission desires to amend the Fiscal Year 2025–2026 Budget to recognize the donation as revenue and to appropriate such funds for library-related purposes, including but not limited to programs, materials, technology, and facility enhancements. NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF WINTER HAVEN, FLORIDA, AS FOLLOWS: 1. The City of Winter Haven hereby formally recognizes and accepts the bequest from the Estate of Velma Seawell Daniels in the amount of Two Hundred Fifty-Eight Thousand Eight Hundred Seventy-Nine Dollars and Seven Cents ($258,879.07) to support the Winter Haven Public Library 2. The City’s Fiscal Year 2025-2026 Budget is hereby amended as follows: Revenue Account – Other Contributions 101-366201-000 $258,879.07 34

Ordinance O-25-29 Page 2 of 2 Expenditure Account - Materials 101-07-728-5220 $258,879.07 3. If any, word, sentence, clause, phrase or provision of this Ordinance, for any reason, is held to be unconstitutional, void, or invalid, the validity of the remainder of this Ordinance shall not be affected thereby. 4. It is the intention of the City Commission that sections of this Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and that sections of this Ordinance may be renumbered or re-lettered and the administrative correction of typographical and/or scrivener’s errors which do not affect the intent may be authorized by the City Manager or his designee, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. 5. This Ordinance shall take effect immediately upon its passage INTRODUCED on first reading this 24th day of November, 2025. PASSED on second reading this 8th day of December, 2025. CITY OF WINTER HAVEN, FLORIDA ______________________________ MAYOR-COMMISSIONER Nathaniel J. Birdsong, Jr. ATTEST: _______________________ CITY CLERK Vanessa Castillo, MMC Approved as to form: _______________________ CITY ATTORNEY Frederick J. Murphy, Jr. 35

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