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Commission approves developer agreement allowing temporary overhead lines on Lake Ruby Drive West
Summary
The commission approved a developer agreement allowing LWG Florida Properties LLC to temporarily relocate overhead electric lines along Lake Ruby Drive West pending future undergrounding when building permits are submitted under an approved PUD (Ordinance 23-39).
The Winter Haven City Commission approved a developer agreement that permits LWG Florida Properties LLC to temporarily relocate existing overhead electric lines along Lake Ruby Drive West while the developer constructs the road. The agreement requires the developer to underground the utilities when parcels covered by the related planned-unit development submit building permits or site plans.
Why it matters: The PUD (Ordinance 23-39) required utilities along the new road be placed underground; allowing temporary overhead relocation reduces immediate developer costs so road work can proceed, but creates a future requirement and a vested obligation that runs with the land.
City staff explained the proposal: placing existing overhead electric utility lines underground before other parcels develop would impose a “significant financial burden” on the developer and could slow construction, staff said. The developer’s agreement permits temporary above-ground relocation of poles and lines within the Lake Ruby Drive West right of way; the developer must submit plans to underground electric utilities when property owners seek building permits or site approvals for the PUD parcels.
The agreement, as presented, runs with the land and binds successors and permitted assigns. City staff recommended approval and said the road construction is underway and the temporary arrangement will be replaced with underground utilities at the time of vertical development. A motion to approve the developer’s agreement passed by voice vote.
Implementation: Staff said the city manager or designee is authorized to execute necessary documents. The Natural Resources Division and Public Works will monitor compliance; the developer will be required to submit undergrounding plans at the time of permit application.
