STATEMENT OF ISSUE
The applicant is requesting an amendment to the existing Harmony Oaks Planned Unit Development (PUD) Concept Plan to increase the commercial component from 2.25 to 3.57 acres and reduce the residential component from 15.06 acres to 13.75 acres. The amendment also proposes to divide the residential component into two components, Residential I and Residential II, revise the development standards of the Residential and the Commercial components, and add a new point of access from the Commercial component to Whittaker Road. The proposed ordinance, including a location map, is included as Attachment 1. The applicant for this project is Harmony Oaks, LLC and the agent is Hargraves Engineering, LLC.
RECOMMENDED ACTION
Option 1: Conduct the first and only public hearing and adopt Ordinance No. 09-Z-12AA, thereby amending the Harmony Oaks PUD Concept Plan, based on the findings and conditions of the Planning Commission and any evidence submitted at the hearing hereon.
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Fiscal Impact
Staff time required to process the rezoning and costs associated with local and State advertising requirements.
Wayne Tedder, Director, Planning Department
Anita Favors Thompson, City Manager
For Information, please contact Mary Jean Yarbrough, Ext. 6400
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 parcels were zoned A-2 Agricultural District and C-1 Commercial. A-2 allowed 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. C-1 allowed a variety of retail, restaurants, financial institutions with drive-in facilities, business offices and repair services.
1992: The City of Tallahassee rezoned the subject property from A-2 and C-1 to Mixed Use A pursuant to the adoption of the Tallahassee-Leon County Comprehensive Plan in 1990.
November 1997: The City of Tallahassee implemented “Site Specific Zoning” and rezoned the subject site to the R-3 (Single-Family and Two-Family Residential) and the MH (Manufactured Home Park) zoning districts.
April 2007: The City of Tallahassee changed the future land use from Mixed Use A to Urban Residential 2 and Suburban pursuant to the adoption of the revised Tallahassee-Leon County Comprehensive Plan due to Comprehensive Plan Reform.
January 23, 2008: The City Commission approved the Harmony Oaks PUD.
March 9, 2009: The Development Review Committee voted to continue the PUD amendment application to the March 23, 2009 DRC Meeting.
March 23, 2009: The Development Review Committee voted (5-0) to approve the PUD amendment application with conditions.
April 7, 2009: The Tallahassee-Leon County Planning Commission recommended approval (3 1) of the proposed amendment with one condition added to those of the DRC, which is to reinstate the original sign language located in the development standards of the commercial component.
April 7, 2009: This Ordinance was introduced to the City Commission.
Facts
Summary of Application
This application is to amend the Harmony Oaks PUD Concept Plan by increasing the commercial component from 2.25 to 3.57 acres and reducing the residential component from 15.06 acres to 13.75 acres. The amendment also proposes to divide the residential component into two components, Residential I and Residential II. The Residential I component will contain the original residential uses while multi-family residential is proposed to be an additional permitted use in the Residential II component. Further, revisions are proposed to the development standards of Residential I and a new set of development standards are proposed for Residential II, as discussed hereinbelow. Finally, two new permitted uses are proposed for the Commercial component along with a number of revisions to the development standards, and a new vehicular access point located on Whittaker Road is being proposed for the Commercial component. The amended PUD Concept Plan is Attachment 2.
Planning Commission Discussion
On April 7, 2009, the Tallahassee-Leon County Planning Commission held a public hearing on this application. There were no public speakers, but the agent was present to answer questions.
The Planning Commission had concerns with the proposed revisions to the design standards, access to the site, and proposed changes in the original densities/intensities. The applicant’s agent responded to the Commission explaining that the site is currently in disrepair and in need of improvement, and that the entity interested in developing part of the commercial component cannot afford to meet all of the current design standards and has requested the stated revisions. The applicant stated that he had been unable to find a developer who could make the site financially feasible under the constraints of the entire set of design standards in place under the current PUD. The Planning Commission discussed the fact that the proposed modified design standards would still apply in large part to the front of the buildings, and were relaxed only for the sides and rear. Specifically, the new design standards for the commercial component require that “the major front façade elements shall be natural wood, brick, stone, stucco, split-faced block, or other man-made material that provides a high quality aesthetic appearance. Building material colors that are natural/subdued earth tones are preferred over primary colors (except as may be used for accents). Excessively brilliant, metallic or reflective colors shall not be used. Primary or bright color roof materials shall be avoided.” The Planning Commission also discussed keeping the original signage standards in place and the applicant’s agent stated that he believed that would not preclude successful development of the PUD.
The agent also explained that the two access points located on Crawfordville Road currently exist and were approved with the original PUD. Both of the access points will function as right in/right out only as there is a median that travels the entire length of the subject property frontage. The proposed point of access on Whittaker Road is necessary to provide egress from the site and perform a left hand turn onto Crawfordville Road. Lastly, staff responded to the Commission’s third concern, stating that the current densities/intensities would not change with the amendment.
The Planning Commission recommended approval (3-1) of the PUD Amendment, with the additional recommended condition that the original sign standards of the commercial component remain in effect.
Public Notification & 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 Code (Attachment 3). The Planning Department mailed 200 notices to property owners within 1,000 feet of the subject property. To date, the Planning Department has received one written response to the proposed rezoning (Attachment 4). The response is from a nearby resident who claims to have a contractual agreement with the applicant to continue to use water from a well located on the subject property and the resident is requesting that this agreement remain in place. The applicant has been notified of the resident’s response. No action is necessary in the PUD as this is a private matter between the nearby resident and the applicant.
Issues
In accordance with Section 10-165 of the City of Tallahassee Land Development Code the City shall consider the following criteria:
1. Is the proposed PUD district consistent with the Comprehensive Plan?
Yes. The parcels that comprise the Harmony Oaks PUD are designated Urban Residential-2 and Suburban on the Future Land Use Map, which promotes a mix of residential and commercial uses in close proximity to each other. The proposed project is being developed in the urban service area and discourages urban sprawl in accordance with Policy 1.1.1 of the Land Use Element. The PUD was developed around environmentally sensitive features and proposed a network of pedestrian paths and trails that traversed this sensitive area to serve all residents of the development consistent with Policy 1.4.12 of the Land Use Element. The amendment will not affect this original provision. Additionally, the existing PUD provides two vehicular/pedestrian interconnections to an adjacent property located to the west and the non-residential component within the PUD located to the east, consistent with Policy 1.6.3 of the Transportation Element, which also will not be affected. The PUD remains consistent with Goal 11, Southern Strategy Area by improving the area with land redevelopment that will provide improved housing and commercial opportunities.
2. Is the proposed PUD 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 or will be made so by the recommended conditions of approval as noted in the DRC staff reports.
3. Does the PUD district meet the purpose and intent of the planned unit development district, as set forth in Section 10-165(a), Tallahassee Land Development Code?
Yes. The PUD amendment continues to comply with the purpose and intent of a planned unit development district and it continues to promote an environmentally sensitive, walkable, mixed-use community.
The amendment proposes the following changes to the PUD Concept Plan:
1. The Commercial component area has been increased from 2.25 acres to 3.57 acres.
2. The Residential component area has been reduced from 15.06 acres to 13.75 acres.
3. The Residential component has been split into two separate residential components, Residential 1 and Residential II. As the Residential II component is a new addition, all of its standards are to be considered as an amendment. The primary change and purpose of the Residential II component is the addition of Multi-family dwellings as a permitted use.
4. The addition of the following principle uses has been added to the Residential I component: (1) Community facilities related to residential uses including religious facilities, police/fire stations, and elementary, middle, vocational, and exceptional student education schools. Libraries and high schools are prohibited. Other community facilities may be allowed in accordance with Section 10-413 of the TLCD, (2) Passive and active recreational facilities, (5) Two-family dwellings; and (6) Zero-lot line single-family detached dwellings.
5. Residential I component, the minimum side building setback has been revised from 0’ as previously provided, to 5’ minimum.
6. Residential I component, the minimum lot size for attached residential units was amended to 2,000 sq. ft. for interior lots. The minimum lot size was previously 3,000 sq. ft. and did not specify lot sizes separately for interior unit lots, nor account for the differing lot dimensions.
7. Residential I component, the minimum lot size for detached residential lots was changed to 3,000 sq. ft., which was previously approved at 4,500 sq. ft.
8. Residential I component, a minimum lot width was not previously provided.
9. Residential I component, the minimum lot depth for single-family attached dwelling units was reduced to 80 feet from the 90 feet previously provided.
10. Commercial component, the following principle uses have been added: (5) Cocktail lounge and (14) Nursing home and residential care facilities.
11. Commercial component, the minimum side building setbacks has been amended to none for the side interior. The component previously listed a side yard setback of 15 feet.
12. Commercial component, the minimum rear building setback for uses other than multi-family, has been changed to 10 feet from the 15 feet previously provided. This is also consistent with standards found in the City’s commercial Parkway zoning districts.
13. Commercial component, the sign standards that prohibited pole signs and required monument or pedestal-mounted signs with exterior and finish consistent with the façade and architectural theme, has been removed.
14. Commercial component, the Architectural Standards requiring the use of quality, natural and indigenous material on the major façade elements, has been removed. The prohibition of materials such as vinyl siding, metal and plastic sheathing, and simulated natural materials, has also been removed. The standards on colors did not change.
15. Commercial component, the Architectural Standards prohibiting or limiting the use of flat roof areas and limiting the materials to metal standing seam, wood shakes, shingles and tile, has been removed.
16. Commercial component, the Architectural Standards requiring windows on the sides facing the pedestrian connection and 70% transparency has been removed.
17. The PUD development standard on Land Use Buffer requirements has been modified to remove the automatic use of a buffer fence.
18. The PUD development standard on the Phasing of Construction outline has been revised to reflect the construction of stormwater management facility(ies) and required infrastructure to serve the first phase of construction, rather than all of the infrastructure for the entire PUD as originally outlined. It also lists that Phase I is expected to be a 9,100 sq. ft. discount retail store and related infrastructure. This was done as the exact phasing cannot be defined at this time.
19. The PUD development standard on the Transit Stop has been revised to require the purchase or installation of the shelter to be performed prior to final platting of the residential subdivision. This removes the commercial components requirement as the increase of bus transportation use will occur with the residential portion more so than the commercial.
20. General Driveway and Right of Way locations have been depicted on the PUD Concept Plan. Actual locations, number, and details of driveways/roadways will be addressed during Site Plan and/or Preliminary Plat review. Please see Section V of the PUD Development Standards.
On March 23, 2009 the Development Review Committee recommended approval (5-0) of the proposed PUD amendment, subject to the conditions of approval listed below. Development Review Committee staff reports are included as Attachment 5.
Planning Department Conditions:1. All revisions to the approved Concept Plan shall be indicated in the amendment narrative.
2. Correct the spelling of principal use #11 (Medical and dental offices, services, laboratories, and clinics) in the Commercial component.
Growth Management Conditions:
1. In order to be consistent with Section 10-165(d)(1) of the TLDC, remove the statement allowing transfer of the urban forest requirement.2. Clarify the minimum density requirement for residential development in the commercial component.
3. The Residential II district intent language references single-and two family residential but not multi-family residential which is listed as an allowed use. Eliminate this discrepancy.
4. Change the pedestrian access and vehicular & pedestrian access notes to read “exact location to be determined later”.
Public Works Conditions:
None.
Utilities Conditions:
1. There are numerous structures on site. Aquifer Protection will require demolition inspections for hazardous waste and abandonment of any wells and septic tanks prior to site work. Aquifer Protection clearance is granted contingent on mitigation of any issues noted from the inspections.
2. Although the PUD amendment reference that no changes has been made to the proposed preliminary water and sewer layout, no documents were included within this submittal. Please include the PUD water and sewer concept plan as part of this document for consistency purposes.
3. Concurrent to a request for a building permit, the applicant shall furnish the Power Engineering Division with two sets of final building construction plans, which shall include at a minimum the following:
• Approved site plan
• Architectural plan
• Electric Riser diagram (one-line diagram)
• Electric loadsUpon receipt of the noted plans, Power Engineering will design the electric system. Plans will be reviewed for permitting approval and will be marked with the electrical design and with applicable comments. After review by the electric and water departments the plans must be taken from the water department to Growth Management. One set of permitted plans will be returned with the building permit and shall be kept on the construction site for the duration of the project.
4. Electric conduits, if required, must be installed by qualified contractors per the City of Tallahassee design and specifications.
5. Utility easements will be required for all primary facilities installed on private property.
6. The developer shall pay all costs associated with the relocation of any existing City of Tallahassee electric equipment due to conflicts with the proposed project.
7. The applicant should make their landscape designer aware that tall growing trees shall be planted such that upon reaching maturity the branches will not interfere with overhead electric facilities. In addition, landscaping within twenty feet of overhead electric facilities shall be of a species that reaches a maximum height of fifteen feet or less. (EXAMPLES) May Hawthorn, Red Buckeye, Crepe Myrtle, Japanese Magnolia var. “Stellata”, Burford Holly, Nellie R. Stevens Holly, and Wax Myrtle. The landscape designer should also maintain a minimum of 3 feet clearance on sides and 10 feet clearance at each access door of any pad mount electric utility equipment. The applicant may contact the Electric Utility Forester, Perry Odom (891-5181), for an extended listing of permissible trees.
8. Residential units will be serviced with roll out recycling and garbage containers.9. Commercial units will be serviced with front loading or roll off garbage and recycling containers.
Planning Commission Condition:
The signage standards of the original PUD shall remain in full force and effect.
4. Is there capacity in area schools? What effects on enrollment could the proposed rezoning have on area schools?
The development at the maximum allowed under the PUD zoning district would not result in capacity being exceeded because the area schools have capacity. The letter of explanation and school impact analysis calculations of each school level can be reviewed as Attachment 6.
CHARITABLE CONTRIBUTIONS
Not applicable.
OPTIONS
1. Conduct the first and only public hearing and adopt Ordinance No. 09-Z-12AA, thereby amending the Harmony Oaks PUD Concept Plan, based on the findings and conditions of the Planning Commission and any evidence submitted at the Hearing hereon.
2. Conduct the first and only public hearing and not adopt Ordinance No. 09-Z-12AA, thereby retaining the existing PUD standards, based on the findings of the City Commission and evidence submitted at the hearing hereon.
3. Provide alternative direction.
ATTACHMENTS/REFERENCES
1. Ordinance No. 09-Z-12AA
2. Amended PUD Concept Plan (Copy placed in the City Commission Conference Room)
3. Tallahassee Democrat advertisement
4. Citizen Response
5. DRC Reports
6. School Impact Analysis Form