STATEMENT OF ISSUE
The applicant, W. J. Boynton, III, is requesting an amendment to the existing Ox Bottom Meadows PUD Concept Plan in order to modify the office and residential components, allow for changes to the density/intensity within the PUD, and remove the land use buffers. The proposed ordinance, including a location map, is included as Attachment 1.
RECOMMENDED ACTION
Option 1. Adopt Ordinance No. 09-Z-02, thereby amending the Ox Bottom Meadows Planned Unit Development Concept Plan, based on the findings and conditions of the Development Review Committee, the Planning Commission, the information contained herein, and 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: Greg Harden, Ext. 7166.
SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
History
Original Zoning: Prior to adoption of the City of Tallahassee Zoning, Site Plan and Subdivision Regulations in 1992, the property was zoned A-2 Agricultural District and R-3 Single-Family Detached, Attached and Two-Family Residential District. The districts allowed for single-family, two-family and mobile home residential uses along with golf courses, churches and schools, nursing homes and the retail sales of agricultural products.
November 1997: The City of Tallahassee implemented “Site Specific Zoning” and rezoned the Single-Family Detached, Attached and Two-Family Residential (R-3), and Target Planning Area (TPA).
November 23, 2004: The City Commission approved the Ox Bottom Meadows PUD.
April 2007: The City of Tallahassee changed the future land use from Mixed Use A to Suburban pursuant to the adoption of the revised Tallahassee-Leon County Comprehensive Plan because of Comprehensive Plan Reform.
January 26, 2009: The Development Review Committee recommended approval (4-0) of the proposed amendment with conditions.
February 3, 2009: The Tallahassee-Leon County Planning Commission recommended approval (5-2) of the proposed amendment with conditions.
February 11, 2009: The Ordinance was introduced to the City Commission.
February 25, 2009: The City Commission held a Public Hearing on Ordinance No. 09-Z-0, and continued the item to its March 11, 2009 meeting. The Commission directed Planning Department staff to meet with the Applicant and citizens who voiced objection to the Ordinance.
March 2, 2009: Planning Department staff met with the applicant, W.J. Boynton, III and his agent, GPI Southeast, Inc. Planning Department Staff also held an evening meeting on the Ox Bottom Meadows PUD amendment, attended by 40 residents of the Ox Bottom area. Details of these meetings are discussed in the Facts section below.
March 11, 2009: The City Commission heard the item, and at the request of the Planning Department, voted 5-0 to continue the item to the March 25, 2009, City Commission meeting.
March 25, 2009: The Ordinance was continued until the April 7, 2009 City Commission meeting.
Facts
The applicant is seeking an amendment to the existing Ox Bottom Meadows Planned Unit Development Concept Plan, totaling 36.36 acres, located on the northwest corner of Ox Bottom Road and Thomasville Road. The development proposes an integrated mix of medium density residential, office, commercial and open space areas. The proposed amendment would: increase the office component from 1.83 acres to 5.68 acres and permit commercial and office development therein up to 25,000 square feet per acre; allow up to 2,500 square feet of commercial development per acre in the 1.61 acre commercial component; increase the residential component from 4.36 units per acre to a maximum density of 10 units per acre; allow nursing/assisted living, residential care, assisted care living facilities, and retirement homes up to 300 beds; and remove the Type D buffer along Ox Bottom Road. The amended PUD Concept Plan is Attachment 2.
Planning Commission Discussion
On February 3, 2009 the Tallahassee-Leon County Planning Commission recommended (5-2) that the City Commission adopt the proposed ordinance based on the testimony heard at the Planning Commission public hearing. There were four citizens at the public hearing who spoke in opposition to the proposed amendment, expressing concern regarding the increase in intensity within the office/residential component and the proposal to remove the buffer along Ox Bottom Road.
The Planning Commission also expressed concern regarding the application, echoing the issues raised during the public testimony. The applicant provided clarification to the Planning Commission as to the actual amount of development proposed within the PUD, the rationale for the removal of the landscape buffer, and the ability to provide drainage for Ox Bottom Road.
The Planning Commission recommended approval of the PUD Amendment, with the condition that a 30-foot landscape buffer along Ox Bottom Road be provided. Within said landscape buffer, a surface swale to convey stormwater from Ox Bottom Road to bypass the Ox Bottom Meadows development will be allowed. The condition further requires that the landscape buffer shall be vegetated in accordance with the quantities of plant materials required for a Type D buffer, as noted in Section 10-177 of the Tallahassee Land Development Code. The quantities of plant materials for a Type D are 12 canopy and 6 understory trees, and 36 shrubs per 100 linear feet.
Follow-up to City Commission Direction:
In accordance with the direction given by the City Commission at its February 25, 2009 meeting, the Planning Department held meetings with the applicant, W J. Boynton, and concerned citizens of the Ox Bottom area.
In the meeting with the applicant, Mr. Boynton stated that he would be willing to limit the office/commercial component to 40,000 gross square feet; construct no more than 22 single-family detached dwellings in the area between the office/commercial component and Morning Dew Pass; and, north of Morning Dew Pass, limit the Assisted Living Facility to 150 beds, or provide multi-family housing at no greater than 10 units per acre (for a total of 100 dwelling units).
During the evening meeting with area citizens, two options were proposed by the residents as follows:
Option 1:
Deny the application, thereby leaving the existing PUD in place. All previously approved densities and intensities would remain in effect.
Option 2 (If the PUD is approved, apply the following conditions):
1. Restrict the revised development limitations of 40,000 square feet (office/commercial), 22 single-family detached homes, and either 150 assisted living facility beds, or 100 multi-family dwelling units.
2. Require the completion of the construction of Cold Harbor Drive prior to development of, at a minimum, the office/commercial component of the PUD. Some residents felt this roadway should be constructed before any development is allowed in the PUD.
3. Create a direct thoroughfare connection from the Thomasville Road entrance (the right-in drive) to Cold Harbor Drive, running north of and parallel to Ox Bottom Road.
4. Eliminate the ingress/egress to Ox Bottom Road, directly from the office/commercial component.
5. Prohibit the removal of existing trees within the 30' buffer, and require larger trees than those mandated by the Land Development Regulations (2 inches in diameter are the current code requirements) to be planted where the 30 feet wide buffer is required.
6. Remove Assisted Living Facility and Drive-Throughs (other than banks) as allowable uses.
7. Require the buildings in the office/commercial component to be moved back from Ox Bottom Road as far as possible (greater than 30 feet).
Additionally, the residents expressed concerns with safety regarding the access points along Ox Bottom Road and Thomasville Road. Staff has coordinated with the City and County Public Works Departments regarding the access to Ox Bottom Road and have determined that no substantial issues exist at this time; however a condition of approval has been added requiring Cold Harbor Drive to be completed prior to development other than the 22 single-family homes and 40,000 square feet of office/commercial. Staff has also communicated with the Florida Department of Transportation (FDOT) regarding potential access issues along Thomasville Road, and FDOT does not recommend any changes at this time.
On March 3, 2009 Planning Department staff met again with the applicant, W.J. Boynton, III and his agent, GPI Southeast, Inc. to discuss the items identified at the neighborhood meeting by the Ox Bottom area residents, and offered the following responses (in italics).
1. Restrict the revised development limitations of 40,000 square feet (office/commercial), 22 single-family detached homes, and either 150 assisted living facility beds, or 100 multi-family dwelling units.
The applicant asked that in the area north of Morning Dew Pass, in addition to the option of 150 assisted living facility beds, or 100 multi-family dwelling units, up to 44 single-family dwellings, or a combination of uses not to exceed 10 dwelling units per acre for the single-family and multi-family component, be allowed.
2. Create a direct thoroughfare connection from the Thomasville Road entrance (the right-in drive) to Cold Harbor Drive, running north of and parallel to Ox Bottom Road.
The applicant did not agree with the thoroughfare connection and requested that the right turn from Thomasville Road be optional.
3. Eliminate the egress to Ox Bottom Road directly from the office/commercial component.
The applicant is not willing to eliminate the ingress/egress connection.
4. Prohibit the removal of existing trees within the 30' buffer, and require larger trees than those mandated by the Land Development Regulations (2 inches in diameter are the current code requirements) to be planted where the 30 feet wide buffer is required.
Mr. Boynton stated that it is his intention to preserve as many trees as possible. He did, however, request that it be allowed for trees within the landscape buffer to be removed in order to allow the construction of drainage swales along Ox Bottom Road. Mr. Boynton asked that in areas where the existing vegetation provides a continuous screen that he not be required to augment the landscape buffer. Mr. Boynton did not agree to plant trees larger than two inches in diameter.
5. Require the completion of the construction of Cold Harbor Drive prior to development of the office/commercial component of the PUD.
Mr. Boynton stated that he could not agree to construct Cold Harbor Drive in entirety because of economic constraints.
6. Remove Assisted Living Facility and Drive-Throughs (other than banks) as allowable uses.
The applicant stated that he would not remove the assisted living facility from the PUD. With regard to removal of the drive through Mr. Boynton stated that he would not allow fast food restaurants in the PUD.
7. Require the buildings in the office/commercial component to be pulled back from Ox Bottom Road as far as possible (greater than 30 feet).
The applicant agreed to place the office/commercial buildings as far as possible from Ox Bottom Road, with the understanding that required parking and traffic circulation within the development not be compromised. No definitive dimensions were provided by the applicant.
Public Notification and Response
The application is a Type D review and requires City Commission action. This request has been noticed and advertised in accordance with the provisions of the Tallahassee Land Development Regulations. The Planning Department mailed 152 notices to property owners within 1,000 feet of the subject property. To date, the Planning Department has received 14 written responses expressing opposition to removal of the buffer along Ox Bottom Road, the increase in density and intensity, and concerns over increases in the volume of traffic (Attachment 3).
Issues
In accordance with Section 10-165 of the Tallahassee Land Development Code, the City shall consider following criteria:
1. Is the proposed Planned Unit Development district consistent with the Comprehensive Plan?
Yes. The Ox Bottom Meadows PUD is located within the Suburban Future Land Use Category. The proposed office/commercial component of the PUD proposes an allowable square footage of 25,000 square feet per acre and a maximum of 200,000 square feet per parcel. Access is proposed to Thomasville and Ox Bottom Roads, as shown on the PUD Concept Plan. The proposed densities and intensities are consistent with the Suburban Corridor Development Pattern of the Suburban Future Land Use Category.
2. Is the proposed Planned Unit Development district consistent with all other ordinances adopted by the City, including but not limited to the applicable environmental and concurrency management ordinances?
The PUD is consistent with all other ordinances as noted in the DRC staff reports (Attachment 4).
3. Does the application indicate how the proposed Planned Unit Development district meets the purpose and intent of the Planned Unit Development district, as set forth in Section 10-165(a), Tallahassee Land Development Code?
Yes. The application addresses the requirements of Section 10-165 (a) as noted below:
(1) Promote more efficient and economic uses of land.
The 36.36-acre PUD provides a mix of uses including office, commercial, single and multi-family residential and open space areas containing conservation features.
(2) Provide flexibility to meet changing needs, technologies, economics, and consumer preferences.
The mix of uses proposed for the development allows the construction of a wide variety of commercial, office and residential, along with residential care facilities, that allows for flexibility to meet future demands.
(3) Encourage uses of land, which reduce transportation needs and which conserve energy and natural resources to the maximum extent possible.
The development proposes a pedestrian oriented community. The development will provide sidewalks to interconnect the allowed uses, and will also have access to Cold Harbor Drive, a roadway connecting the Ox Bottom development to Bull Run. The mix of uses encourages non-reliance on the automobile. Additionally, the PUD is designed to accommodate future transit service through coordination with Star Metro.
(4) Preserve to the greatest extent possible, and utilize in harmonious fashion, existing landscape features and amenities.
The PUD contains 12.21 acres of open space/conservation areas, which can be incorporated into the final development plan as integral components of site design.
(5) Provide more usable and suitably located recreational facilities, open spaces and scenic areas, either commonly owned or publicly owned, than would otherwise be provided under a conventional zoning district.
A conservation/open space area abutting a lake provides a visual scenic area within the PUD. Areas identified in the Natural Features Inventory as conservation or preservation will be placed in conservation easements in favor of the City.
(6) Lower development and building costs by permitting smaller networks of utilities and streets and the use of more economical building types and shared facilities.
All roadways and utilities within the Ox Bottom Meadows PUD have been permitted by the City and the revisions proposed within this amendment require no additional infrastructure.
(7) Permit the combining and coordinating of land uses, building types, and building relationships within a planned development, which otherwise would not be provided under a conventional zoning district.
The PUD permits a mixture of office and commercial development, along with single-family and multi-family residential development. The implementation of the variety of mixed uses in this PUD could not be accomplished in a single conventional zoning district.
4. Is there capacity in area schools? What effects on enrollment could the proposed rezoning have on area schools?
Per the Leon County School Board, a determination cannot be made at this time. The item will be further reviewed for possible mitigation during final Site Plan review (Attachment 5).
Please note that in addition to the new conditions listed below, conditions attached to the previously approved Planned Unit Development remain in effect.
Planning Department Conditions:
1. The PUD must be revised to show that the maximum development within the office/commercial component cannot exceed40,000 square feet.
2. The PUD must be revised to show that 22 single-family detached homes are allowed in the area along Ox Bottom Road, between the office/commercial component and Morning Dew Pass.
3. The PUD must be revised to show that in the single-family and multi-family component north of Morning Dew Pass, the option of 150 assisted-living facility beds, or 100 multi-family dwelling units, or up to 44 single-family dwellings, or a combination of these uses not to exceed 10 dwelling units per acre, be allowed.
4. The PUD must be revised to remove fast food restaurants from the list of permitted uses.
Growth Management Conditions:
None.
Utility Services Conditions:
None.
Public Works Conditions:
1. The title block of the PUD document must be corrected to reflect GPI Southeast, Inc., the designated agent.
2. Language must be included in the PUD stating that single-family residences will have no direct access to Cold Harbor Drive.
3. Other than the 22 single-family detached housing units, the 36,000 square-feet of Office use, and the 4,000 square-foot bank, no additional development shall be allowed in Ox Bottom Meadows until Cold Harbor Drive is fully built out to connect Ox Bottom Road with Kerry Forest extension.
Planning Commission Condition:
A 30-foot landscape buffer along Ox Bottom Road is required. Within the landscape buffer, a surface swale to convey stormwater from Ox Bottom Road to bypass the Ox Bottom Meadows development is allowed. The landscape buffer shall be vegetated in accordance with the quantities of plant materials required for a Type D buffer, as noted in Section 10-177 of the Tallahassee Land Development Code.
CHARITABLE CONTRIBUTIONS
Not applicable.
OPTIONS
1. Adopt Ordinance No. 09-Z-02, thereby amending the Ox Bottom Meadows Planned Unit Development Concept Plan, based on the findings and conditions of the Development Review Committee, the Planning Commission, the information contained herein, and evidence presented at the Hearing hereon.
2. Do not adopt Ordinance No. 09-Z-02, retaining the existing Planned Unit Development standards, based on the findings of the City Commission.
3. Provide staff alternative direction.
ATTACHMENTS/REFERENCES
1. Ordinance No. 09-Z-02
2. Amended PUD Concept Plan (due to the bulk of this attachment, a copy has been placed in the City Commission Conference Room)
3. Citizen Responses
4. DRC Reports
5. School Impact Analysis Form
6. Tallahassee Democrat Advertisement