STATEMENT OF ISSUE
The proposed Ordinance (Attachment 1) will:

• Amend the affected zoning districts by removing all references to Mixed Use Future Land Use Map (FLUM) categories and replacing with the new FLUM categories to make them consistent with the Tallahassee Leon County Comprehensive Plan.

• Replace Target Planning Area and Critical Planning Area Zoning Districts with the new Planned Development Zoning District.

• Amend the affected zoning districts by removing references to old Sanitary Sewer policies and replacing with new policies to make them consistent with the Tallahassee Leon County Comprehensive Plan.

• Amend Sections 10-131, 10-164 and 10-166 of the Tallahassee Land Development Code by removing all references to the Mixed Use FLUM categories and replacing them with new FLUM categories to make consistent with the Tallahassee Leon County Comprehensive Plan.

• Add “dvds” to the rental and sales of video tapes and games use already established in the Commercial-1, Commercial 2, Commercial Parkway, Urban Pedestrian-1 and Urban Pedestrian-2 Zoning Districts.

RECOMMENDED ACTION
Option 1: Conduct the second and final public hearing and adopt Ordinance No. 09-O-06; Proposed Amendment to the Tallahassee Land Development Code, to amend the appropriate sections of Chapter 10 in order to implement Comprehensive Plan Reform, based on the findings of fact and conclusions of law of the Planning Commission and any evidence presented at the hearing hereon.

FISCAL IMPACT
This ordinance will be implemented through the existing land development process in the Growth Management Department with no new costs identified.

Wayne Tedder, Director, Tallahassee-Leon County Planning Department

Anita Favors Thompson, City Manager

For information, please contact: Mary Jean Yarbrough, Senior Planner, Phone: 891-6400.

SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
History
July 20, 2005: Comprehensive Plan Amendment 2005-1-T-35 became effective, adding a new FLUM category titled, “Urban Residential” (Attachment 2).

December 29, 2005: Comprehensive Plan Amendment 2005-2-T-026 became effective, deleting the outdated Leon County-City of Tallahassee Water & Sewer Agreement and replacing it with updated objectives and policies pursuant to the new Water and Sewer Agreement (Approved May 2005) (Attachment 3).

March 14, 2007: Comprehensive Plan Amendment 2006-2-T-09 became effective, removing the three Mixed-Use FLUM categories from the Comprehensive Plan and adding Urban Residential 2, and Suburban as new FLUM categories (Attachment 4). This amendment also removed Critical Planning Area and Target Planning Area FLUM categories from the Comprehensive Plan and replaced with the newly created Planned Development FLUM category.

February 3, 2009: The Tallahassee-Leon County Planning Commission held a public hearing and continued this item until the February 11, 2009 meeting.

February 11, 2009: The Tallahassee-Leon County Planning Commission held a public hearing to review the proposed Ordinance No 09-O-06 for consistency with the Tallahassee-Leon County Comprehensive Plan. The Planning Commission voted unanimously to recommend the City Commission adopt the proposed amendment.

February 11, 2009: This Ordinance was introduced to the City Commission. The City Commission set February 25, 2009 and March 25, 2009 as the first and second public hearings.

February 25, 2009: The City Commission held the first public hearing on this item and set the second public hearing for March 25, 2009.

Planning Commission Discussion
The Planning Commission convened a public hearing on February 11, 2009 and voted unanimously to recommend the City Commission adopt the proposed text amendment. The approved motion included direction to correct a scrivener’s error in the Planned Development (PD) Zoning District, which has been done.

Facts/Issues
Comprehensive Plan Amendments relevant to the proposed amendments:

Amendment 2005-1-T-35: As mentioned earlier, this amendment added a new future land use map category known as Urban Residential to the Tallahassee Leon County Comprehensive Plan.

Amendment 2005-2-T-026: This amendment removed outdated objectives and polices listed under Sanitary Sewer Sub-Element Objective 3.1 of the Tallahassee Leon County Comprehensive Plan associated with the old City/County Water and Sewer Agreement and replaced them with objectives and policies implementing the new joint Water and Sewer Agreement.

Amendment 2006-2-T-09. This amendment removed the three Mixed Use FLUM categories from the Tallahassee Leon County Comprehensive Plan and added Urban Residential 2 and Suburban as two new FLUM categories. This amendment also clarified that the indicated zoning districts will implement the new FLUM categories. Additionally, this amendment removed Critical Planning Area and Target Planning Area FLUM categories from the Comprehensive Plan and replaced them with the Planned Development FLUM category.

Consistency Determination

The proposed amendment will:

• Make the affected zoning districts consistent with the Comprehensive Plan by removing all references to the Mixed-Use FLUM categories.

• Clarify that the affected zoning districts are intended to be located in areas designated as Urban Residential, Urban Residential 2, or Suburban FLUM categories; and add the new FLUM policies from the Comprehensive Plan to the indicated zoning districts (See Attachment 5).

• Replace Target Planning Area and Critical Planning Area Zoning Districts with the new Planned Development Zoning District.

• Make the affected zoning districts consistent with the Comprehensive Plan by removing references to old Sanitary Sewer policies and replacing with new policies.

• Make Sections 10-131, 10-164 and 10-166 of the Tallahassee Land Development Code consistent with the Comprehensive Plan by removing all references to the Mixed Use FLUM categories and replacing them with new FLUM categories.

• Add “dvds” to the rental and sales of video tapes and games use already established in the Commercial-1, Commercial 2, Commercial Parkway, Urban Pedestrian-1 and Urban Pedestrian-2 Zoning Districts.

The proposed amendment brings the City of Tallahassee Land Development Code into compliance with the Tallahassee Leon County Comprehensive Plan and staff and the Planning Commission recommend that the Ordinance be found consistent with the Comprehensive Plan. However, the Ordinance does not fully implement the Village Center development pattern of the Suburban FLUM category in the C-1 and C-2 Zoning Districts. This will be accomplished in a separate ordinance scheduled for Commission review in April 2009.

Public Notification and Response
This amendment requires City Commission action. The Planning Department and City Treasurer-Clerk’s Office will advertise the Ordinance consistent with State Statutes and the Tallahassee Land Development Code (Attachment 6).

CHARITABLE CONTRIBUTIONS
Not applicable.

OPTIONS

1. Conduct the second and final public hearing and adopt Ordinance No. 09-O-06; Proposed Amendment to the Tallahassee Land Development Code, to amend the appropriate sections of Chapter 10 in order to implement Comprehensive Plan Reform, based on the findings of fact and conclusions of law of the Planning Commission and any evidence presented at the hearing hereon.

2. Conduct the second and final public hearing and do not adopt Ordinance No. 09-O-06 based upon the findings of fact and conclusions of law made by the City Commission and any evidence submitted at the hearing hereon.

3. Provide alternative direction to staff.

ATTACHMENTS/REFERENCES

Attachment 1: Proposed Ordinance No. 09-O-06
Attachment 2: Staff report for Comp Plan Amendment 2005-1-T-35
Attachment 3: Staff report for Comp Plan Amendment 2005-2-T-026
Attachment 4: Staff report for Comp Plan Amendment 2006-2-T-09
Attachment 5: Comprehensive Plan Policies
Attachment 6: Advertisement