31, Township 29 South, Range 25 East, Polk County, Florida, as depicted by the Land Use Plan attached

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1 ORDINANCE NO AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF BARTOW, FLORIDA, REZONING APPROXIMATELY 2. 2 ACRES OF LAND OWNED BY BALA3I OF POLK COUNTY, LLC AND LOCATED IN SECTION 31, TOWNSHIP 29 SOUTH, RANGE 25 EAST, POLK COUNTY, FLORIDA, FROM R- 1, " SINGLE FAMILY RESIDENTIAL" TO PD, " PLANNED DEVELOPMENT"; AND PROVIDING FOR AN EFFECTIVE DATE UPON FINAL PASSAGE. Whereas, the Planning and Zoning Commission of the City of Bartow, upon petition of the owner of certain lands, after holding due public hearing on the same, recommends the rezoning of the hereinafter-described property located in Bartow, Polk County, Florida, from R- 1, " Single Family Residential", to PD" Planned Development", and Whereas, the City Commission of the City of Bartow adopts the recommendation of the Planning and Zoning Commission and finds that the recommended zoning is consistent with the Future Land Use Map of the City of Bartow and is in the best interest of the health, welfare, safety and morals of the citizens of Bartow. FLORIDA: NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF BARTOW, The zoning classification of approximately 2. 2 acres of land located in the Section Section 1. 31, Township 29 South, Range 25 East, Polk County, Florida, as depicted by the Land Use Plan attached as Exhibit" A" and legally described in Exhibit" B" attached, is hereby changed from R- 1," Single Family Residential", to PD" Planned Development". Section 2. The conditions of approval attached as Exhibit" C" are made a part of the Planned Development approval. Said conditions may be amended from time to time by resolution of the City Commission after holding a single duly advertised public hearing in accordance with Section of the Unified land Development Code. Bartow. Section 3. The aforesaid amendment shall be noted on the Zoning District Map of the City of Section 4. After passage on first reading, at least three copies of this ordinance in the form in which it has been passed on first reading shall be made available for public inspection in the Office of the City Clerk, and there shall be published in a newspaper published and of general circulation in the City of Bartow, a notice describing this ordinance in brief and general terms and stating that it is available for public inspection in the Office of the City Clerk, together with the time and place when and where it will be considered for final passage. Such publication shall be at least ten days prior to the time advertised.

2 INTRODUCED AND PASSED on First Reading the day of PASSED AND DULY ADOPTED, on Second Reading with a quorum present and voting, by the City Commission of Bartow, Florida, this 1-73) '141 day of ATTEST WITH SEAL: CITY OF BARTOW By: Jacki Poole, Interim City Clerk By: Leo E. Longworth, Mayor Approved as to correctness and form: Approved as to substance: By Sean R. Parker, City Attorney By.

3 v EXHIBIT" A" Land Use Plan DYELI/ J,zr"r,' 7c :- f`: f»y ' f 1/.."" o I } fit Ik Z n o i. n 1 ri I 0 I Lnn - C j n -- i C a tt?nn D 3 O D D D G C O A D i m W 1 - G Z - n.. t 3Z x m z ^ < 0 9 z 00 Z -. 1 r m a C c D = rn N a m O O Z t D Z < O Z - 4 N m D m D o Z 6i 6 Z m 1 n t, Z '+' 3 m D 7C T 3 Z O rn z M Z 2 O A t m C D m N O z u C'1 1 D O rn u O r 0 z z ' D 3 z ", O S m Z N T y v G1 N can o I.' C o C A p ^ N n m Z m

4 EXHIBIT" B" Legal Description A portion of Section 31, Township 29 South, Range 25 East, Polk County, Florida, described as follows: The South 45 feet of Lot 2, all of Lots, 3, 4, 5 and 6, Block O, and all of Lots 7, 8, 9, and 10 and the South 45 feet of Lot 11, Block J, Park View Subdivision, according to the plat thereof as recorded in PB 17, PG 4, of the Public Records of Polk County, Florida, together with the West 1/ 2 of vacated alley adjacent and contiguous to Lots 7, 8, 9 and 10 and the South 45 feet of Lot 11, Block J, Park View Subdivision, according to the plat thereof as recorded in PB 17, PG 4, of the Public Records of Polk County, Florida, and future vacated rights- of-way located immediately adjacent to the above mentioned property. Consisting of Approximately 2. 2 Acres, More or Less Property Appraiser Tax Numbers: ;

5 EXHIBIT" C Conditions of Approval 1. Development shall conform to the Parkview Institutional Use Planned Development Land Use Plan PD/ LUP), dated " January 3, 2013'; and to the following conditions of approval. Development based upon this approval shall comply with all other applicable federal, state, and local laws, ordinances, and regulations, which are incorporated herein by reference, except to the extent the applicable laws, ordinances, and regulations are expressly waived or modified by these conditions, or by action approved by the City of Bartow. 2. The development shall obtain water, wastewater, electrical and solid waste services as applicable from the City of Bartow subject to applicable City rate resolutions and ordinances. Master water, wastewater, electrical distribution and stormwater plans, including preliminary calculations for the entire project shall be required to be submitted for review and approval concurrent with the first set of development/ construction plans. 3. The site layout that is shown on the LUP is conceptual and for informational use only. The actual layout will be reviewed and approved pursuant to Section ( C) of the Unified Land Development Code. 4. Project signage shall be consistent with Section of the Unified Land Development Code relating to General Sign District. 5. Where the project abuts residentially zoned property an 8' high solid fence or wall shall be provided to establish a secure perimeter. Acceptable material includes PVC, stucco block, brick or other masonry products that are found acceptable by City staff. Wood fencing is not acceptable. 6. Prior to submitting development/ construction plans an application to vacate the underlying/ adjacent Park View subdivision plat shall be submitted to and acted upon by the City. 7. Concurrent with the application to vacate the underlying/ adjacent Park View subdivision plat the applicant shall submit a Development Agreement for review and action by the City to address future responsibility for upkeep and maintenance of a redesigned City stormwater transmission system through the site.

6 Case # Z PD / Balajimf Polk County, LLC Planning and Community Development Staff Report P0kZ Hearing Date: March 25, 2013 City Commission Dates: August 1/ 2013 ( 1st Reading) August 15, 2013 ( mu Reading/ Public Hearing) GENERAL INFORMATION Request: Review & reoommendatinn to the City Commission of request to amend the Zoning Map to rezone a 2. 2 (+/') acne parcel of land from R' 1, Single Family Residential to PD, Planned Development for a Nursing Home facility. Owner/ Applicant: Ba ajiuf Polk County, LLC Location: South side of Lucile Street; Immediately west of the Holiday Inn Express Hotel & Suites in Section 31, Township 29S, Range 25E, Polk County Florida Tract Size: 2. 2 (+/-; Includes proposed vacated rights- of-way) Existing Use: Proposed Use: Undeveloped Platted Residential Lots and Rights ofway Nursing Home AdjaoantFLUM Designation: N: Low Density Residential S: Low Density Residential E: Commercial VV: Low Density Residential Adjacent Land Use: N: Single Family Residence S: TECO Electrical Transmission Corridor E: Holiday Inn Express and King Buffet Restaurant VV: Single Family Residence FLUMOaoeification: The primary function of the Institutional land use classification is to provide for public and private institutional uses, such as local, state and federal government buildings and facilities; and such as schools, hospitals, major medical clinics, hospices, nursing homes, adult and child care facilities, churches, colleges and universities. The floor area ratio in the Institutional classification shall not exceed 4.O. ZONING DISTRICT SUMMARY Planned Development: The purpose and intent of the Planned Development ( PD) zoning district isto provide for well- planned and orderly development in any area of the City. Permitted uses within the Parkview Institutional Use PD will consist ofa nursing home facility as defined by the City' s Unified Land Development Code and Florida Statutes.

7 Case # Z PD/ March 25, 2013 Page 2 of 7 Balaji of Polk County, LLC Use Area Intensity Floor Area Ratio 1 Institutional 2. 2 Ac 33, 000 Sq. Ft FAR Performance Standards: Lot Size: Minimum Lot Width: Minimum Floor Area: n/ a n/ a Approx. 33, 000 Sq. Ft. Max Building Height: 30 Feet Building Setbacks: Minimum 20 Feet Project Open Space: Required 20% Provided 20% SPECIAL INFORMATION Development History: The underlying Park View plat was recorded in It consists of 10 platted 60' wide lots, unopened Floral Avenue rights of way and a drainage right of way along the southern edge of the project. Future development of the site will be consistent with any/ all local, state and federal requirements. Environmental Analysis: Preliminary investigations have found no jurisdictional wetlands on the subject property. The primary type of soil located on site and in the surrounding area is Myakka- Immokalee Urban land complex. The individual areas of these soils and Urban land are so intermixed that mapping them separately at the selected scale is not practical. Areas of these soils are somewhat rectangular. Slopes generally are smoother and are 0 to 2 percent. Under natural conditions the Myakka and Immokalee soils have a seasonal high water table within 12 inches of the surface for 1 to 4 months in most years. Some areas have been drained to various depths. The available water capacity is low. Permeability is moderate or moderately rapid in the subsoil. The Urban land component is covered by streets, driveways, houses and other buildings, parking lots, and other similar structures. Present development precludes the use of Myakka and Immokalee soils for crops, pasture, or pine tree production. The subject property, as well as the surrounding area, does not lie within an area of protected communities, referring to both the animal and vegetative species as evidenced by the Endangered Species Map of the Polk County Comprehensive Plan.

8 Case # Z PD/ March 25, 2013 Page 3 of 7 Balaji of Polk County, LLC Transportation/ Access: Future development of the site will have sufficient access to the surrounding local road network. Future access points to Lucile Street and US Highway 98 North ( Broadway Avenue) will be accommodated during the zoning and site plan review processes. j i Existing Conditions Street/ Thoroughfare Functional Current Adopted Classification LOS LOS Lucile Street n/ a n/ a n/ a US Highway 98 N Arterial B B Future Conditions Street/ Thoroughfare Functional Future Adopted Classificatio. _..._ Lucile Street n/ a n/ a I n/ a i US Highway 98 N Arterial B I B Level of Service information for Lucile Street is not available since it is considered to be local road. It is estimated that adequate capacity exists to accommodate the conversion of this property to a commercial land use. According to the Polk Transportation Planning Organization the US Highway 98 N roadway segments Annual Average Daily Traffic count was 41, 700 ( N) and 41, 700 ( S) trips with a projected growth rate of 3. 4%. There is no existing deficiency in capacity nor is there a projected deficiency within a 5 year period. Utility Services: The property is located in the City' s utility service area. Water, sewer, solid waste and electrical service are currently available to the site and adequate capacity exists in all systems. Emergency Response: Law Enforcement and Fire Protection will be provided by the City of Bartow Police and Fire Departments. Both agencies have verified that adequate manpower and equipment is currently available to serve the conversion. Public Schools Polk County School Board Staff were notified of this request. A response is not anticipated. Public Notice: The public notice of the request was published on March 13, Seventy-eight property owners were notified within the 500' notification radius. Additionally, a Neighborhood Meeting was conducted on Thursday, February 14, 2013, to give the applicant an opportunity to explain the request to neighborhood residents.

9 Case # Z PD/ March 25, 2013 Page 4 of 7 Balaji of Polk County, LLC IMPACT ANALYSIS Land Use Compatibility: Consistency w/ Comp. Plan: The proposed Planned Development zoning will allow development that is compatible with the existing and planned future development in the area. The proposed Planned Development zoning will be consistent with the Future Land Use Map and with the Goals, Objectives and Policies of the City's Comprehensive Plan. Specifically, the following: Future Land Use Policy : Approval of development proposals will be conditioned on the availability of public facilities and services necessary to serve the proposed development and that the facilities meet the City's established level of service standards. Future Land Use Policy : The City will approve the location of new development on the basis of the suitability of the land to support development without adversely affecting the natural environment resources, potable water well protection areas and environmentally sensitive land, through the use of a development review process and appropriate mitigation measures. Future Land Use Policy : The City will encourage development in areas where public facilities and services are available or are projected to be available. High intensity, higher density uses will be encouraged where the greatest level of public facilities exist. Low density, low intensity development will be encouraged where low public facility capacities exist. Future Land Use Policy : The City will promote infill development and redevelopment in the Community Redevelopment Plan Area e. g. Area) by promoting increased densities and intensities within the boundary of the Area. ( Property is located immediately adjacent to CRA Boundary) Future Land use Policy : Prior to the issuance of a development order, the City shall require developers to confirm that required utility services are available or will be available concurrent with the impacts of the development. Transportation Policy 1. 4: The City shall continue to review all development proposals and require that such proposals contain sufficient information to determine their impacts on the adopted LOS standards. City will implement land use policies Transportation Policy 2. 3: The in support of increased transit, which includes encouraging mixed use developments and medium or higher residential densities within 1/ 4 mile of any existing and planned transit route.

10 Case # Z PD/ March 25, 2013 Page 5 of 7 Balaji of Polk County, LLC STAFF ANALYSIS AND RECOMMENDATION Infrastructure Policy 3. 5: No development permit will be issued if it will result in the inability of the City to maintain the Levels of Service at or above the levels established in this plan. Development of this site for an institutional use ( nursing home facility) is compatible with the surrounding development and will be consistent with existing and future development trends in the area. Its location between the US Highway 98 commercial corridor and the residential neighborhood to the west serves as a transitional use that will buffer each of adjacent uses from one another. With adequate access to Lucile Street and US Highway 98 North the parcel is well integrated into the transportation network of the City of Bartow. The surrounding utility infrastructure systems also provide the full range of urban services that are necessary for the redevelopment of this property for institutional use. The Planned Development zoning designation will allow development that is consistent with the goals and objectives of the Bartow Community Redevelopment Agency in that it promotes infill development on the edge of the district and assists in revitalizing the core commercial area of Bartow. The Planned Development Land Use Plan shows a conceptual layout of a potential nursing home facility. Specific development plans will be required to be provided on the layout and configuration for the development of this site. Review processes that must be completed include submittal and approval of a Development Plan and Civil Site Construction Plans through the City of Bartow, a Stormwater Management Plan through the Southwest Florida Water Management District; water connection through the State Health Department; and sanitary sewer collection through the Florida Department of Environmental Protection. Prior to moving forward with site and construction plan approvals the applicant intends to petition the City to vacate the underlying/ adjacent plat of Park View subdivision, consisting of 12 lots and rights of way for Floral Avenue and the drainage rights of way along the southern edge of the project. Certain accommodations will have to be made to redesign existing City drainage infrastructure that traverses the site in the rights of way. This will include relocating sections of pipe, establishing new easements and agreeing to maintenance provisions. Specific conditions of approval are included in staff's recommendation to address these issues. Conditions of approval have also been included to address general plan approval, provision of utility services and plan review, conceptual site layout, project signage, and perimeter fencing. The applicant is not seeking any waivers of any PD or ULDC development regulations. In reviewing and formulating its recommendation to the City Commission on this application, the Planning and Zoning Commission shall specifically consider and evaluate the proposed rezoning against the following standards. A. Consistency with the Comprehensive Plan. The proposed rezoning is consistent with the goals of the City of Bartow Comprehensive Plan. B. Concurrency Analysis. The proposed rezoning contains an analysis of the Levels of Service for all public facilities and services; identifies the timing of improvements to maintain Levels of Service established by the Comprehensive Plan; and estimates the cost of such improvements to the City and to the developer.

11 Case # Z PD/ March 25, 2013 Page 6 of 7 Balaji of Polk County, LLC C. Impact Analysis. The proposed rezoning has been analyzed to identify future adverse impacts to adjacent land uses, the character of the neighborhood, parking, or other matters affecting land use compatibility and the general welfare of the City. D. Zoning and Use of Nearby Property. An analysis of the range of development that will occur as a result of the rezoning, in comparison to the existing pattern of development, and the future pattern established by the Comprehensive Plan. Depending on the uses permitted in the proposed zoning district, inconsistency in the two patterns may be created. E. Substantial Changes in Land Use Circumstances. Analysis of the effect of significant changes in land use in the vicinity of the proposed rezoning. Such changes are substantial if they include: widening of a street, expansion of existing permitted uses, the completion of a subdivision that was previously platted, the construction of a new public facility, such as a park, or any number of other examples. One such change may not be significant and may not justify the rezoning, but several would be and may justify rezoning to higher intensities. F. Time Vacant. If the property ( site) is vacant, an analysis of the length of the vacancy versus the present zoning classification is important. In particular, an analysis should have been done to compare the rate of land development in the vicinity of the property and the conversion of vacant land to development in the same zoning district in other parts of the City. G. Effect on Property Values. An analysis of the effect of the proposed rezoning on property values. The Planning and Zoning Commission may recommend approval of an application for a when all of the following conditions are met. rezoning only A. The proposed rezoning is consistent with the City of Bartow Comprehensive Plan. B. The proposed rezoning will not degrade the Level of Service of one or more public facilities and services, or contains commitments to make improvements to maintain Levels of Service established by the Comprehensive Plan, and does not increase the cost of improvements to be undertaken by the City as stated in the Capital Improvements Element. C. The proposed rezoning and all permitted uses are compatible with development on surrounding property; or compatibility can be achieved by the imposition of conditions, buffers or limitations on the uses within the zone, which are specified in the Board' s recommendation. By this analysis the Planning and Zoning Commission determines whether or not the proposed rezoning provides " appropriate use" of the property. 1. The request allows land uses that are compatible with existing/ planned development in the area and allows for a reasonable use of the property; 2. The request is consistent with the City of Bartow' s Comprehensive Policy Plan; and 3. The proposed amendment and subsequent site development will not degrade the Level of Service for public facilities or services below acceptable standards.

12 Case # Z PD/ March 25, 2013 Page 7 of 7 Balaji of Polk County, LLC The Planning and Zoning Commission may recommend denial of any application for a rezoning for one or more of the following reasons: A. The proposed rezoning is inconsistent with the City of Bartow Comprehensive Plan. B. The proposed rezoning will degrade the Level of Service of one of more public facilities and services, and contains no commitment to undertake improvements to maintain acceptable Levels of Service. C. The Public Welfare benefits in maintaining the present zoning classification are so great, that any hardship imposed on the property owner by denying the request for rezoning, is justified. It is staff's opinion that the standards to approve this application as requested by the applicant have been satisfied subject to the following conditions: 1. Development shall conform to the Parkview Institutional Use Planned Development Land Use Plan ( PD/ LUP), dated " January 3, 2013"; and to the following conditions of approval. Development based upon this approval shall comply with all other applicable federal, state, and local laws, ordinances, and regulations, which are incorporated herein by reference, except to the extent the applicable laws, ordinances, and regulations are expressly waived or modified by these conditions, or by action approved by the City of Bartow. 2. The development shall obtain water, wastewater, electrical and solid waste services as applicable from the City of Bartow subject to applicable City rate resolutions and ordinances. Master water, wastewater, electrical distribution and stormwater plans, including preliminary calculations for the entire project shall be required to be submitted for review and approval concurrent with the first set of development/ construction plans. 3. The site layout that is shown on the LUP is conceptual and for informational use only. The actual layout will be reviewed and approved pursuant to Section ( C) of the Unified Land Development Code. 4. Project signage shall be consistent with Section of the Unified Land Development Code relating to General Sign District. 5. Where the project abuts residentially zoned property an 8' high solid fence or wall shall be provided to establish a secure perimeter. Acceptable material includes PVC, stucco block, brick or other masonry products that are found acceptable by City staff. Wood fencing is not acceptable. 6. Prior to submitting development/ construction plans an application to vacate the underlying/ adjacent Park View subdivision plat shall be submitted to and acted upon by the City. 7. Concurrent with the application to vacate the underlying/ adjacent Park View subdivision plat the applicant shall submit a Development Agreement for review and action by the City to address future responsibility for upkeep and maintenance of a redesigned City stormwater transmission system through the site. PLANNING AND ZONING COMMISSION RECOMMENDATION At its meeting of March 25, 2013, the Planning and Zoning Commission voted to recommend approval of this FLUM amendment to the City Commission.

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