STATEMENT OF ISSUE
The applicant is requesting an amendment to the Official Zoning Map to change the zoning classification from the M-1 (Light Industrial) to the CP (Commercial Parkway) zoning district. The property is located at 2811 Industrial Plaza Drive and totals 1.1 acres. The proposed ordinance, including a location map, is included as Attachment 1. The applicant for this project is Ghazvini-Riggins Road Partnership, and the agent is Moore Bass Consulting, Inc.
RECOMMENDED ACTION
Option 1. Conduct the first and only public hearing and deny Ordinance No. 09-Z-14, thereby retaining the M-1 (Light Industrial) zoning district, based upon the findings of fact and conclusions of law made by the Planning Commission and any evidence submitted at the hearing hereon [Planning Commission recommendation].
and
Option 3. Direct staff to retain the M-1 Light Industrial zoning district in its current form.
NOTE: Planning staff recommendation is to adopt the proposed ordinance.
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: Zach Galloway, 891.6400.
SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
History
Zoning History: Prior to the adoption of the City of Tallahassee Zoning, Site Plan and Subdivision Regulations in 1992, the parcel was zoned CP Commercial Parkway, and the existing office use was allowable at that time. In 1992, the City of Tallahassee rezoned the subject property from CP to Mixed Use B pursuant to the adoption of the revised Tallahassee-Leon County Comprehensive Plan. Finally, during the 1997 Site Specific Zoning initiative the site was rezoned to M-1 Light Industrial.
April 7, 2009: Ordinance No. 09-Z-14 was introduced to the City Commission.
April 7, 2009: The Planning Commission held a public hearing on the item, and voted (4-0) to recommend that the City Commission deny the proposed ordinance.
Summary of Application
The applicant is seeking a rezoning from the M-1 (Light Industrial) zoning district to the CP (Commercial Parkway) zoning district for one parcel totaling 1.1 acres located at 2811 Industrial Plaza Drive. The existing M-1 district allows very similar land uses to those allowed in CP Commercial Parkway. However, the applicant intends to develop new uses in the future which are not allowed in M-1. The proposed rezoning will increase the allowable uses that can be housed in the existing structure.
Planning Commission Discussion
The Planning Commission held a public hearing on April 7, 2009, and voted (4-0) to recommend that the City Commission deny the proposed rezoning ordinance, based on a failure to meet all Land Development Code requirements. The Planning Commission based their recommendation on Land Development Code requirements that limit CP zoning to parcels with access to arterial roadways. A complete explanation of the access issue is located under question 2 on the following page. There were no public speakers. However, the agent for the applicant did provide comments.
Potential Revisions to the M-1 Zoning District
Based on the applicant’s issue – pursuing a rezoning to obtain a specific use – the Planning Commission asked that staff evaluate which CP uses were appropriate for and could be added to the M-1 district. Planning staff recognizes the intent of this direction, but notes that the M-1 district uses are limited in scope to avoid nuisance complaints, which are likely to occur with the introduction of less intense uses. Staff seeks City Commission direction as to whether the issue should be researched and brought before the Long Range Community-based Planning Target Issue Committee or the M-1 district should be retained in its present form.
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 recommend 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 rezoning is consistent with Land Use Policy 2.2.5, Suburban Future Land Use category. The Suburban category recognizes the single-use, linear development pattern commonly found along major thoroughfares of the community. Additionally, Land Use Policy 1.4.13 waives all roadway access standards for streets designated as non-residential. The subject site has shared access to Capital Circle Northeast and direct access to Industrial Plaza Drive, both of which are designated non-residential streets. (Attachment 2)
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?
During recent code amendments a regulation was added that requires access to arterial roadways in CP as a means of: (1) limiting encroachment into residentially zoned areas; and (2) limiting strip development along roads not classified as arterials. The subject site arguably meets this requirement via a shared access through the adjacent site to Capital Circle NE. Its primary access is Industrial Plaza Drive, which is a loop with sole access to Capital Circle. Furthermore, this code requirement is not entirely consistent with the Comprehensive Plan policies stated in Section 1 above, which waive roadway access standards for non-residential street segments, and the intent to protect residential areas is moot in the surrounding area, which is entirely zoned M-1 or CP, as shown in Table 1.
| Table 1: Surrounding Zoning and Land Use | ||||
Area |
Zoning |
Land Use |
Physical Use |
Comments |
Subject Parcels |
M-1 |
Suburban |
Office building |
NA |
North |
M-1 |
Suburban |
Warehouse: used as Gym. |
NA |
South |
M-1 |
Suburban |
Dental, Management office, Auto body shop. |
Example of potential non-conformities in M-1. |
East |
CP |
Suburban |
Office, retail. |
NA |
West |
M-1 |
Suburban |
Office, warehousing, Rupp Shirts (screen printing). |
NA |
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. With the adoption of the Suburban Future Land Use Map category, revisions were made to the Land Development Code that removed the requirement to use the Planned Unit Development (PUD) process when expanding a Commercial Parkway district. The revision allows expansion of the district through the standard rezoning process.
Additionally, as noted in the zoning history above, the property was zoned CP (Commercial Parkway) prior to adoption of the state mandated Comprehensive Plan. The current structure was built in 1987, and was an allowable use. Therefore, the rezoning will restore entitlements that were present on the parcel before the 1992 rezoning.
4. Land Use Compatibility. Will the proposal result in any incompatible land uses, considering the type and location of uses involved?
No, the proposed rezoning will not create any incompatible land uses. The majority of uses located along Industrial Plaza Drive are permitted in both M-1 (Light Industrial) and CP (Commercial Parkway) zoning districts. Save a few differences, namely the absence of retail uses in M-1, the two zoning districts often serve the same purpose and accommodate many similar uses. The subject site is surrounded by typical CP and M-1 uses, and does not abut any residentially zoned properties that would be construed as incompatible.
| Table 1: Comparison of Existing and Proposed Permitted Uses | ||
Zoning Districts |
Zoning Districts |
|
| Permitted Uses | M-1 |
CP |
• |
||
| Armored truck services | • |
• |
| Assembly of apparel & accessories | • |
|
| Automotive sales & rental (includes any types of motor vehicle including boats & motorcycles) | • |
|
| Automotive services and repair, including car wash | • |
• |
| Automotive-retail, parts, accessories, tires, etc. | • |
|
| Bait and tackle shops | • |
|
| Banks and other financial institutions | • |
|
| Bottling plants | • |
|
| Broadcasting studios | • |
• |
| Building contractors and related services, without outdoor storage | • |
• |
| Camera and photographic stores | • |
|
| Cemeteries | • |
• |
| Cocktail lounges and bars | • |
|
| Commercial kennels | • |
|
| Communications & utilities | • |
|
| Community Facilities | •1 |
•2 |
| Crematoriums | • |
|
| Distribution facilities | • |
|
| Dry cleaning plants | • |
|
| Day care centers | • |
|
| Food processing, excluding slaughter | • |
|
| Gift, novelty, and souvenir stores | • |
|
| Golf courses | • |
• |
| Gun firing range | • |
|
| Heavy Infrastructure | • |
|
| Hotels and motels, including bed and breakfast inns | • |
|
| Indoor amusements (bowling, billiards, skating, etc.) | • |
|
| Indoor theaters, including amphitheaters | • |
|
| Laboratories, R&D activities | • |
|
| Laundromats, laundry and dry cleaning pick-up stations | • |
|
| Lawn or tree removing services | • |
• |
| Mailing services | • |
|
| Medical and dental offices and services, laboratories, and clinics | • |
|
| Manufacturing: consistent with Light Industrial definition | • |
|
| Manufactured Homes | ||
| Manufactured home sales lots | • |
|
| Mobile Homes | ||
| Mortuaries | • |
|
| Motor vehicle fuel sales | • |
|
| Motor vehicle racing tracks, go-carts, etc. | • |
|
| Non-medical offices and services, including business, government offices & services | • |
• |
| Non-store retailers | • |
|
| Nursing homes, including other residential care facilities | • |
|
| Off-street parking facilities | • |
• |
| Outdoor amusements (golf courses, batting cages, driving ranges, etc.) | • |
|
| Passive and active recreational facilities | • |
• |
| Pawnshops | • |
|
| Personal services (barbershops, fitness clubs, etc.) | • |
|
| Pest control services | • |
• |
| Pet day care centers | • |
• |
| Photocopying and duplication services | • |
|
| Printing and publishing | • |
• |
| Recreational vehicle park | • |
|
| Rental and sales of video tapes and games | • |
|
| Rental of tools, small equipment, or party supplies | • |
|
| Repair services, non-automotive | • |
• |
| Residential, multi-family | • |
|
| Residential, any type, at street level and/or above the second floor of a structure containing non-residential development on the 1 st floor. | • |
|
| Restaurants, with or without drive-in facilities | • |
|
| Retail bakeries | • |
|
| Retail caskets and tombstones | • |
|
| Retail computer, video, record, and other electronics | • |
|
| Retail department, apparel, and accessory stores | • |
|
| Retail drug store | • |
|
| Retail florist | • |
|
| Retail food and grocery | • |
|
| Retail furniture, home appliances and accessories | • |
|
| Retail home/garden supply, hardware and nurseries | • |
|
| Retail jewelry stores | • |
|
| Retail needlework and instruction | • |
|
| Retail newsstand, books, greeting cards | • |
|
| Retail office supplies | • |
|
| Retail optical and medical supplies | • |
|
| Retail package liquors | • |
|
| Retail pet stores | • |
|
| Retail picture framing | • |
|
| Retail sporting goods, toy stores | • |
|
| Retail shoes, luggage, and leather products | • |
|
| Retail trophy stores | • |
|
| Self-moving operation | • |
|
| Sign shops | • |
|
| Single-family detached dwellings | ||
| Social, fraternal and recreational clubs and lodges including assembly halls | • |
|
| Studios for photography, music, art, dance, drama, and voice | • |
|
| Tailoring | • |
|
| Towing, wrecking, and recovery services | • |
• |
| Trailer sales and service | • |
|
| Transportation and freight handling services | • |
|
| Veterinary services, including veterinary hospitals | • |
|
| Warehouses, mini-warehouses, or self-storage facilities | • |
• |
| Welding and machine shops | • |
|
| Wholesale activities | • |
|
| Wholesale building supplies | • |
|
| Other uses, which in the opinion of the Land Use Administrator or designee, are of a similar and compatible mature to those uses described in this district. | • |
|
1 Including vocational schools and police/fire stations. Libraries, elementary, middle, and high schools are prohibited. |
||
| Table 2: Development Intensity Allowed by District* | |||||
| Zoning District | Maximum Residential Density | Minimum Lot Size | Maximum Non-Residential Building Size | Maximum Height | Allowable Density (1.1 acres) |
| M-1 | 1 accessory unit | None | 25,000 s.f. floor area per acre. 50,000 s.f. floor area per acre for storage areas. | 3 stories | 1 unit |
| CP | 16 du/ac (located on 2 nd floor) | None | 25,000 s.f. floor area per acre, not to exceed 200,000 s.f. per parcel. | 3 stories | 17 units |
* See Attachment 3: §10-260 M-1 Light Industrial district, 10-258 CP Commercial Parkway district charts.
5. School Considerations. Is there capacity in area schools? What effects on enrollment could the proposed rezoning have on area schools?
Development at the maximum allowed under the CP district would not result in capacity being exceeded, as the area schools have sufficient room. The school impact analysis calculations for each school level can be reviewed in Attachment 4.
Public Notification and Response
This request has been noticed and advertised in accordance with the provisions of the Tallahassee Land Development Code. The Planning Department mailed 91 notices to property owners in the effected areas. To date, staff has received no calls, emails, or written responses. The advertisement for this public hearing appeared in the Tallahassee Democrat on March 17, 2009 (Attachment 5).
CHARITABLE CONTRIBUTIONS
Not applicable.
OPTIONS
1. Conduct the first and only public hearing and deny Ordinance No. 09-Z-14, thereby retaining the M-1 (Light Industrial) zoning district, based upon the findings of fact and conclusions of law made by the Planning Commission and any evidence submitted at the hearing hereon [Planning Commission recommendation].
2. Conduct the first and only public hearing and adopt Ordinance No. 09-Z-14, thereby amending the Official Zoning Map to Change the Zoning Classification from the M-1 (Light Industrial) to the CP (Commercial Parkway) zoning district, based upon the findings of fact and conclusions of law set forth herein and any evidence submitted at the hearing hereon.
3. Direct staff to retain the M-1 Light Industrial zoning district in its current form.
4. Direct staff to evaluate which, if any, CP Commercial Parkway uses are appropriate for and could be added to the M-1 Light Industrial zoning district and present the findings to the Long Range Community-Based Planning Target Issue Committee once research is complete.
5. Provide alternative direction.
ATTACHMENTS
1. Proposed Ordinance 09-Z-14
2. Tallahassee-Leon County Comprehensive Plan
a. Land Use Policy 2.2.5
b. Land Use Policy 1.4.13
3. Tallahassee Land Development Code
a. Section 10-260 M-1 Light Industrial
b. Section 10-258 CP Commercial Parkway
4. School Impact Analysis Form
5. Tallahassee Democrat advertisement