STATEMENT OF ISSUE
Pursuant to the direction provided by the Long Range Community-Based Planning Target Issue (LRCBPTI) Committee, staff conducted an extensive land use analysis and applied the site-specific Central Urban Zoning Districts to all properties located within the Central Urban Future Land Use Map area. During the October 22, 2008 City Commission meeting, the Allen Subdivision was removed from the overall area to afford staff time to conduct further analysis and conduct a public meeting with local residents.

In addition to the Allen Subdivision, three publicly-owned properties and property owned by Florida A&M University (FAMU) that were inadvertently not included in the overall rezoning project are addressed in detail herein. The ordinance and location map are included in Attachment 1.

RECOMMENDED ACTION
Option 1: Conduct the Second and Final Public Hearing on Ordinance 09-Z-09; Proposed Amendment to the Official Zoning Map Changing the Zoning Classification from the CU (Central Urban) Zoning District to the CU-12 (Central Urban 12), CU-18 (Central Urban 18), CU-26 (Central Urban 26), CU-45 (Central Urban 45) and OS (Open Space) Zoning Districts, and adopt the ordinance based on the findings of fact and conclusions of law of the Planning Commission and any evidence presented at the Hearing hereon.

FISCAL IMPACT
Staff time required to process the rezoning and costs associated with local and State advertising requirements.

Wayne Tedder, Director, Tallahassee-Leon County Planning Department

Anita Favors Thompson, City Manager

For information, please contact: Zach Galloway or Mary Jean Yarbrough, Ph: 891.6400.

SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
History

February 2006: The City Commission adopted sub-districts to be mapped within the Central Urban Future Land Use Map area. Implementation was intended to be applicant-driven until staff time permitted a full scale rezoning.

December 4, 2007: Planning staff presented to the Long Range Community-Based Planning Target Issue Committee the methodology and intent in mapping the Central Urban sub-districts.

April 14, 2008: Staff held an open house for the general public to answer questions and address concerns regarding the proposed zoning changes.

May 28, 2008: Ordinance No. 08-Z-31: Central Urban (South) only was introduced to the City Commission and a public hearing was scheduled for July 9, 2008 and August 27, 2008.

June 3, 2008: The Tallahassee-Leon County Planning Commission held a public hearing and continued the item until their August 5, 2008 meeting due to a lack of quorum after one Commissioner abstained from voting. The Commission also provided additional direction to staff, which has been addressed herein.

July 9, 2008: The City Commission continued Ordinance No. 08-Z-31: Central Urban (South) and rescheduled the first public hearing for August 20, 2008 and the second public hearing for October 22, 2008.

August 5, 2008: The Planning Commission voted to approve the rezoning of the Central Urban southern portion with one revision, that the Allen Subdivision be changed from the proposed CU-26 to CU-18. That recommendation was taken to the City Commission on August 20, 2008.

August 20, 2008: The City Commission held the first public hearing on Ordinance No. 08-Z-31 and scheduled the second public hearing for October 22, 2008.

October 22, 2008: Due to citizen comments heard at the October 22 City Commission meeting, Planning staff requested that the City Commission approve Ordinance No. 08-Z-31, the Central Urban (South) rezoning, while also removing the Allen Subdivision for further analysis and a community meeting. The City Commission voted to approve staff’s request.
December 16, 2008: The Planning staff convened a public meeting at the St. Michael & All Angels Episcopal Church in the Allen Subdivision. Approximately 20 residents of the neighborhood attended the meeting. Staff shared statistical data and held two table sessions to discuss preferred outcomes of the rezoning.

February 3, 2009: The Planning Commission voted to continue this item until the February 11, 2009 meeting.

February 11, 2009: The Planning Commission reconvened to hold a public hearing on the continued item, and voted unanimously to recommend approval of the proposed rezoning.

February 11, 2009: Ordinance No. 09-Z-09 was introduced at the City Commission meeting and the first of two public hearings was set for February 25, 2009 and the second public hearing was set for March 25, 2009.

February 25, 2009: The City Commission held the first public hearing. There were no public speakers.

Planning Commission Discussion

The Planning Commission voted to continue this item until their February 11, 2009 morning meeting. Planning Department staff explained the public involvement process that was undertaken at the request of the neighborhood and City Commission. The Planning Commission was complimentary of those efforts, and voted unanimously to support the community-based recommendation presented in Attachment 1.

BACKGROUND

In February 2006, the City Commission adopted new zoning sub-districts to implement the Central Urban Future Land Use Map (FLUM) category. These sub-districts are intended to create a transition through design, by minimizing density and intensity near Residential Preservation areas while maximizing intensity along major corridors. All properties in the City have been rezoned from Central Urban to CU-12, CU-18, CU-26, CU-45 and OS Open Space. The remaining parcels consist of the Allen Subdivision and four properties, three owned by the public and one property owned by FAMU. These Central Urban properties are depicted on one map and include the following sites:

• properties located in the Allen Subdivision;
• two publicly-owned properties – Bond Elementary School and Walker Ford Center – and the FAMU property; and
• a publicly-owned property located in Cascade Park (Attachment 1, Exhibit A).

On October 22, 2008, staff removed the Allen Subdivision from the southeast map of the Central Urban mapping efforts for further analysis pursuant to a request by local residents. Staff held a workshop on December 16, 2008, with the local residents at a neighborhood church. Approximately 20 people attended the workshop, in which staff presented the analysis and recommendation for the rezoning of the subject properties (Attachment 2). The attendees then participated in a table exercise to further discuss the recommendation and to provide input on what zoning would best serve the neighborhood. The majority of individuals requested CU-12 for most of the properties, but recognized the benefit in correcting existing non-conforming apartments and offices where possible. Thus, CU-26 is recommended along Palmer Avenue. Staff recommends that the developed properties owned by FAMU, located along South Martin Luther King Jr. Avenue, be zoned CU-45 so that full development potential is preserved. These two blocks are addressed in the Campus Master Plan process, thus the proposed rezoning will have little or no effect on any future University plans.

The other four properties included in this rezoning were inadvertently omitted from the prior large-scale rezoning effort. A more detailed discussion of the proposed zonings for these properties can be found below, along with the Allen Subdivision rezonings.

Mapping Revisions

Allen Subdivision: This neighborhood is located at the northeast corner of the Florida A&M campus, near the South Bronough Street overpass. A discussion of the Allen Subdivision is included above. Due to the mixture of uses and the existing densities on several parcels, Central Urban is the appropriate FLUM category. The request for a zoning district with reduced density was considered and staff is now proposing CU-12 and CU-26 for the internal areas instead of CU-45 (Attachment 1, Exhibit A). In order to avoid reductions in property rights or current development potential, those properties with access to roads classified as greater than ‘local’ remain in CU-45. The current apartment developments in the Allen Subdivision were erected prior to the Comprehensive Plan, and are built to densities that are currently non-compliant with density restrictions. The proposed CU-26 will alleviate the non-compliant status for some, but not all, of these properties. Several apartment units currently exceed the 12 units per acre limitation on local streets, and will be made compliant by the increase to 26 units per acre. However, there are a few developments that exceed 40 units per acre, and these will remain non-compliant.

Bond Elementary School/Walker-Ford Center/FAMU Property: Two publicly-owned properties and one property owned by FAMU were not included in the original Central Urban mapping effort. These three parcels, located between FAMU and the Bond neighborhood, are shown in the southwest corner of the Attachment 1, Exhibit A map. After further analysis, staff proposes CU-18 for the school and the neighborhood center. At face value, an Open Space designation would be appropriate for the Walker-Ford Center and its associated grounds. However, the Open Space Zoning District limits development to 1,000 square feet per acre, and site development on the 12.10-acre parcel currently exceeds 48,000 square feet, or more than 3,900 square feet per acre. The CU-18 Zoning District allows active and passive recreation uses and permits development up to more than 20,000 square feet per acre.

Staff proposes CU-45 for the property owned by FAMU in order to maintain the development densities and intensities previously permitted under Central Urban performance based standards. Additionally, as referenced earlier, University-owned properties are developed under the Campus Master Plan process, which is exempt from most local government development regulations, thus the proposed rezoning will have little or no effect on any future University plans.

Capital Cascades Park Property: Located in the northeast corner of the Attachment1, Exhibit A map attached hereto, this publicly-owned parcel was originally proposed to be a dog park within the larger Capital Cascades Park. Staff from the City Department of Parks, Recreation, & Neighborhood Affairs and Blueprint 2000 state that this element is no longer feasible, and the land will remain passive open space (this property drains directly into the St. Augustine Branch, and it was determined that a dog park could cause public health hazards). City and Blueprint 2000 staff confirmed that an Open Space designation on this parcel is appropriate, welcome, and will not interfere in any future plans for the park.

Facts & Issues

In accordance with Section 10-51 (Procedures for official zoning map amendments) of the Tallahassee Land Development Code, the City shall consider the following in determining whether to recommended approval or denial of an application:

1. Comprehensive Plan. Is the proposal consistent with all applicable policies of the adopted Comprehensive Plan?

Yes. The proposed rezonings implement the Central Urban FLUM category and promote improved urban design in the City’s urban core. Land Use Policy 2.2.8 encourages infill, redevelopment, and rehabilitation. Land Use Objective 12.2 and Policy 12.2.1 promote revitalization and redevelopment within the Central Core, and encourage site design “which is pedestrian friendly and contains a mix of land uses” (Attachment 3).

The current Central Urban Zoning District lacks any design standards beyond standard height limits and setbacks, which are suburban in character. In contrast, CU-12, CU-18, CU-26, and CU-45 Zoning District development standards (Attachment 4) include design language that provides flexibility in redevelopment, while also directing development to take a more urban character.

During the time of the original site-specific Central Urban mapping efforts, a resident of the Allen Subdivision requested that staff consider a future land use change from Central Urban to Residential Preservation. The Planning Commission directed staff to conduct an analysis to determine if the neighborhood met most of the 9 criteria stipulated in the Comprehensive Plan for a change in future land use. The analysis conducted by the Comprehensive Planning Division revealed that the neighborhood met 4 of the 9 criteria required to be consistent with the Comprehensive Plan (Attachment 5). The most significant of the criteria is density, and the Allen Subdivision currently includes a mixture of housing types, many of which greatly exceed the Residential Preservation FLUM density limitation of 6 dwelling units per acre.

2. Conformance with the Tallahassee Land Development Code. Is the proposal in conformance with any applicable substantive requirements of the land development code, including minimum or maximum district size?

Yes. The Central Urban sub-districts do not delineate a specific district size, and there are no minimum lot sizes. Minimum lot size regulations were removed in order to more easily redevelop small lots, which had previously been non-conforming. Other regulations have been relaxed in order to maximize development potential. This is shown in reduced setbacks, reduced buffer standards, and increased height limits.

3. Changed Conditions. Have the land use and development conditions changed since the effective date of the existing zoning district regulations involved, which are relevant to the properties?

Yes. All properties zoned Central Urban are located within the boundaries of the proposed Multi-Modal Transportation District (MMTD). The MMTD promotes alternative transportation modes such as walking, bicycling, and mass transit, as well as a development shift towards mixed-use and well-designed urban buildings. The application of the CU sub-districts will assist in implementing the MMTD because the development standards require buildings to be oriented to the street with parking located in the rear and wider sidewalks to provide a pedestrian-friendly environment, thereby increasing opportunities for transit ridership.

The City Commission has made a concerted effort to redevelop the Central Core as exemplified by the MMTD initiative. One strategy to promote downtown redevelopment is through the provision of amenities such as Capital Cascades Park, Lake Elberta Park, Lake Ella and various gateway corridor projects. In addition to improved aesthetics and parkland amenities, the mapping of the CU sub-districts will assist in achieving a jobs/housing balance by promoting mixed use development and increasing allowable densities in close proximity to the downtown and University employment centers.

4. Land Use Compatibility. Will the proposal result in any incompatible land uses, considering the type and location of uses involved?

No, the proposed rezonings will not create any incompatible land uses. The properties in the Allen Subdivision currently contain a mixture of housing types, including single-family, two-family, and apartment residences, as well as a few offices. The proposed rezonings will not create any incompatible land uses, as the area currently exists as a mixed urban neighborhood. The existing apartment buildings are currently non-conforming, with densities of up to 40 dwelling units per acre, and will remain non-conforming under the current recommendation.

The other properties included in this rezoning contain an elementary school, a community center and park, and a future park site. The zonings proposed for these properties will not create any incompatible land uses. In fact, the mapping of these CU sub-districts followed the same methodology used in the overall mapping, which involved a tiered approach placing the highest density away from the low-density residential areas. Moreover, each of the sub-districts lay out specific protections that apply where there exists an interface between Central Urban and Residential Preservation. These protections include building height limits consistent with RP district requirements and vegetative buffering.

5. Other Matters. Are there any other matters, which the Commission may deem relevant and appropriate?

The Comprehensive Plan contained policies that limited densities based on location and restricted access to local streets. These policies were imperative to prevent incompatibilities between low-density development and higher density/intensity developments. However, the CU sub-districts achieve the same goal with design standards that mitigate for incompatibilities, such as pulling the building to the street and requiring that all parking be located behind the building, in addition to building design criteria and height restrictions. Those policies have been removed from the Comprehensive Plan, thus allowing greater densities and intensities in the urban core, promoting urban infill, and discouraging urban sprawl.

Public Notification and Response
This request has been noticed and advertised in accordance with the provisions of State statutes and the Tallahassee Land Development Code. The Planning Department mailed 82 notices to property owners in the effected areas. To date, staff has received one written response from a property owner requesting that all subject parcels be rezoned to CU-45 (Attachment 6). The advertisement for this public hearing appeared in the Tallahassee Democrat on February 15, 2009 (Attachment 7).

CHARITABLE CONTRIBUTIONS
Not applicable.

OPTIONS

1. Conduct the Second and Final Public Hearing on Ordinance 09-Z-09; Proposed Amendment to the Official Zoning Map Changing the Zoning Classification from the CU (Central Urban) Zoning District to the CU-12 (Central Urban 12), CU-18 (Central Urban 18), CU-26 (Central Urban 26), CU-45 (Central Urban 45) and OS (Open Space) Zoning Districts, and adopt the ordinance 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 on Ordinance 09-Z-09; Proposed Amendment to the Official Zoning Map Changing the Zoning Classification from the CU (Central Urban) Zoning District to the CU-12 (Central Urban 12), CU-18 (Central Urban 18), CU-26 (Central Urban 26), CU-45 (Central Urban 45) and OS (Open Space) Zoning Districts, and deny the ordinance based on the findings of the City Commission and any evidence presented at the Hearing hereon.

3. Provide staff alternative direction.

ATTACHMENTS

1. Proposed Ordinance 09-Z-09.
2. PowerPoint presentation from Allen Subdivision Workshop.
3. Tallahassee-Leon County Comprehensive Plan.

a. Land Use Policy 2.2.8.
b. Land Use Objective 12.2.
c. Land Use Policy 12.2.1.

4. Tallahassee Land Development Code.

a. Section 10-239.1, CU-12 Central Urban district.
b. Section 10-239.2, CU-18 Central Urban district.
c. Section 10-239.3, CU-26 Central Urban district.
d. Section 10-239.4, CU-45 Central Urban district.
e. Section 10-263, OS Open Space

5. Allen Subdivision Residential Preservation FLUM Analysis Memo.
6. Citizen Comment
7. Tallahassee Democrat advertisement.