Providing for O-3 (Moderate Impact Office) Z

III-A-18 NOVEMBER 18, 2019

ORDINANCE NO. ____

PROPOSED ORDINANCE NO. 19-051

AN ORDINANCE RELATING TO ZONING; PROVIDING FOR O-3 (MODERATE IMPACT OFFICE) ZONING ON 2.26 ACRES LOCATED AT 3407 AND 3409 BETZ PLACE; PROVIDING CONDITIONS; FINDING CONFORMITY WITH THE COMPREHENSIVE PLAN; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Planning and Zoning Board held a public hearing on October

15, 2019, to consider the request of JSK Consulting, on behalf of Sanford K. Betz, the owner, to apply O-3 (Moderate Impact Office) zoning on approximately 2.26 acres located at 3407 and 3409 Betz Place , more particularly described in Attachment “A” and graphically depicted on Attachment “B”; and

WHEREAS, the Planning and Zoning Board approved the zoning application on

October 15, 2019, and recommended approval to the City Commission; and

WHEREAS, the City Commission of the City of Lakeland, Florida, after publication of a notice of its consideration of this ordinance, has determined that it is in the best interests of the City of Lakeland to apply O-3 (Moderate Impact Office) zoning for property located at 3407 and 3409 Betz Place; and

WHEREAS, the City Commission, having held a public hearing pursuant to said notice, where interested parties were given opportunity to be heard, finds the property should be classified or zoned as recommended by the Planning and Zoning Board.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE

CITY OF LAKELAND, FLORIDA:

1 SECTION 1. The property legally described in Attachment “A”, owned by

Sanford K. Betz and located within the City of Lakeland, is classified or zoned O-3

(Moderate Impact Office) as set forth in Attachment “B”.

SECTION 2. The City Commission does hereby expressly find that the provisions of this ordinance are in conformity with the Comprehensive Plan of the City of

Lakeland adopted by Ordinance 5188.

SECTION 3. All ordinances or parts of ordinances in conflict herewith are

hereby repealed.

SECTION 4. 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.

SECTION 5. This ordinance shall take effect immediately upon its adoption.

PASSED AND CERTIFIED AS TO PASSAGE this 18th day of November, A.D.

2019.

______H. WILLIAM MUTZ, MAYOR

ATTEST: ______KELLY S. KOOS, CITY CLERK

APPROVED AS TO FORM AND CORRECTNESS: ______PALMER C. DAVIS INTERIM CITY ATTORNEY

ATTACHMENT “A”

Legal Description:

NORTH 126 FEET OF WEST 150 FEET OF NORTH 7.5 ACRES OF SOUTH OF SW OF SW OF SECTION 36, TOWNSHIP 27, RANGE 23, POLK COUNTY, FLORIDA; A/K/A 3407 PROVIDENCE ROAD, LAKELAND, FLORIDA.

PARCEL //1 COMMENCE AT THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST L/4 OF THE SOUTHWEST L/4 OF SECTION 36, TOWNSHIP 27 SOUTH, RANGE 23 EAST, POLK COUNTY, FLORIDA; THENCE RUN SOUTH 00·04' 39" EAST ALONG THE WEST LINE OF THE SOUTHWEST 1:4 OF THE SOUTHWEST L/4 OF SAID SECTION 36, DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE RUN NORTH 89° 36' 21'' EAST PARALLEL TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTH L/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 36, A DISTANCE OF 281.00 FEET; THENCE RUN SOUTH 00’04’ 39" EAST 145.08 FEET: THENCE RUN SOUTH 89' 36' 21” WEST 281.00 FEET TO THE WEST LINE OF THE SOUTHWEST L/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 36: THENCE RUN NORTH 00’ 04' 39” WEST 145.08 FEET TO THE POINT OF BEGINNING: LESS AND EXCEPT THEREFROM RIGHT-OF-WAY FOR PROVIDENCE ROAD.

PARCEL //2 BEGIN AT THE SOUTHWEST CORNER OF THE NORTH L/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST L'4 OF SECTION 36, TOWNSHIP 27 SOUTH, RANGE 23 EAST, POLK COUNTY, FLORIDA; AND RUN THENCE EAST 431 FEET; THENCE NORTH 160 FEET; THENCE WEST 431 FEET; THENCE SOUTH 160 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THEREFROM THE EAST 150 FEET; AND LESS AND EXCEPT THEREFROM RIGHT-OF-WAY FOR PROVIDENCE ROAD. ATTACHMENT “B”

ATTACHMENT “B”

Planning & Zoning Board Recommendation

Date: November 4, 2019 Reviewer: Joshua Cheney Project No: ZON19-012 Location: 3407 Betz Place Owner: Sanford K. Betz Applicant: JSK Consulting Current Zoning: Not Applicable Future Land Use: Regional Activity Center (RAC) Context District: Suburban Corridor (SCO) P&Z Hearing: October 15, 2019 P&Z Final Decision: October 15, 2019

Application of O-3 (Moderate Impact Office) zoning on 2.26 acres located at 3407 Request: and 3409 Betz Place.

1.0 Location Maps

Planning & Zoning Board Recommendation for ZON19-012 Page 2

2.0 Background

2.1 Summary The applicant, JSK Consulting, on behalf of property owner Sanford K. Betz., requests the application of O-3 (Moderate Impact Office) zoning on 2.26 acres located at 3407 and 3409 Betz Place. A map of the subject property is included as Attachment “B.”

2.2 Subject Property The subject property is located north of Interstate-4 and west of U.S. Highway 98 N. approximately 380 feet south of the intersection of an access road to Lakeland Square Mall and Betz Place. The subject property is currently located within the jurisdiction of the City of Lakeland and has a future land use designation of Regional Activity Center (RAC). However, it is currently without zoning and therefore in need of a zoning designation that is applicable within the RAC future land use designation.

2.3 Project Background In a recent Concept Plan review meeting with the City’s Development Review Team (DRT), the applicant for this request asked for comments from staff on a concept plan that could potentially redevelop the site with a five-story hotel; however, this particular application is only a request for zoning on these two parcels, so it does not include a binding Site Development Plan as a request for Planned Unit Development (PUD) zoning would. If the proposed O-3 zoning were to be approved by the City Commission, then the subject property could possibly be developed with any of the permitted uses allowed within the O-3 zoning district that are identified in Table 2.3-1 of the Land Development Code (LDC), rather than a hotel or motel type use. 2.4 Existing Uses of Adjacent Properties

Boundary Existing Land Use FLUM Zoning Context North Private Drive MCC C-2 SCO South Vacant RAC PUD SCO East Restaurants MCC, RAC C-2, PUD SCO West Vacant RAC C-2, O-1 SCT

2.5 Attachments

Attachment A: Legal Description

Attachment B: Base Map of Subject Property

Planning & Zoning Board Recommendation for ZON19-012 Page 3

3.0 Discussion

The request for O-3 (Moderate Impact Office) zoning on 2.26 acres located at 3407 and 3409 Betz Place is appropriate as the subject property currently has a future land use designation of Regional Activity Center (RAC). As per Table 2.2-1 of the LDC, O-3 zoning is applicable, within the RAC, therefore the type of zoning requested for these two parcels is appropriate at this location due to the vision for this activity center which according to the Comprehensive Plan is intended to accommodate the regional shopping needs of central Florida with a regional shopping mall, large box retail uses, or other regional attractors, in addition to commercial and office uses within close proximity which will compliment and take advantage of the regional nature of the center. 3.1 Transportation and Concurrency All roadway levels of service are acceptable subject to final concurrency determinations at the time of site plan review for any new development. 3.2 Comprehensive Plan Compliance The Community Development Department reviewed this request for compliance with Lakeland Comprehensive Plan: 2010-2020 and it is our opinion that the request is consistent with the Comprehensive Plan. 4.0 Recommendation

4.1 Community and Economic Development Staff The Community Development Department reviewed this request and recommends the approval of the O-3 zoning. Letters of notification were mailed to 18 property owners within 500 feet of the subject property and no objections were received. 4.2 The Planning & Zoning Board This recommendation was approved by a 6 – 0 vote of the Board.

It is recommended that the request for O-3 zoning, as described above and in Attachments “A” and “B” be approved.

Planning & Zoning Board Recommendation for ZON19-012 Page 4

ATTACHMENT “A”

Legal Description:

NORTH 126 FEET OF WEST 150 FEET OF NORTH 7.5 ACRES OF SOUTH OF SW OF SW OF SECTION 36, TOWNSHIP 27, RANGE 23, POLK COUNTY, FLORIDA; A/K/A 3407 PROVIDENCE ROAD, LAKELAND, FLORIDA.

ATTACHMENT “B”