STATEMENT OF ISSUE
The applicant is requesting an amendment to the Official Zoning Map to change the zoning classification from the RP-1 (Residential Preservation-1) Zoning District to the RP-2 (Residential Preservation-2) Zoning District. The property is located at 117 Henderson Road and the entire parcel contains 4.65 acres. However, only 4.45 acres of the parcel are proposed to be rezoned, however, because the other portions of the parcel are already zoned RP-2. The proposed ordinance, including a location map, is included as Attachment #1. The applicant for this project is Prime Meridian Properties, LLC and the agent is Inovia Consulting Group.
RECOMMENDED ACTION
Option 1: Adopt Ordinance No. 09-Z-15, thereby amending the Official Zoning Map to Change the Zoning Classification from the RP-1 (Residential Preservation-1) Zoning District to the RP-2 (Residential Preservation-2) Zoning District, based upon the findings of the Planning Commission.
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: Susan Denny, Ph: 891.6400.
SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
History
Original Zoning: Prior to the adoption of the City of Tallahassee Zoning, Site Plan and Subdivision Regulations in 1992, the parcel was zoned A-2 (Agricultural District), which allowed for radio transmission towers among other uses such as low-density residential and certain agricultural land uses.
1992: The City of Tallahassee rezoned the subject property from A-2 to RP-1 (Residential Protection-1) pursuant to the adoption of the revised Tallahassee-Leon County Comprehensive Plan in 1990. Since that time the radio tower and the ancillary structures on the lot (a shed used for storage, and an older mobile home used as a broadcast studio) have been legal non-conforming uses. A legal non-conforming use can continue in operation and be repaired, but it cannot be expanded or substantially reconstructed.
April 7, 2008: The Tallahassee-Leon County Planning Commission held a public hearing and voted 4-0 to recommend the City Commission adopt Ordinance No. 09-Z-15.
April 7, 2008: Ordinance No. 09-Z-15 was introduced to the City Commission.
Summary of Application The applicant is seeking a rezoning from the RP-1 (Residential Preservation-1) Zoning District to the RP-2 (Residential Preservation-2) zoning district for a 4.45 acre portion of a 4.65 acre parcel located at 117 Henderson Road (the remainder of the parcel is presently zoned RP-2 (Residential Preservation-2), so no change is necessary). The applicant has requested the rezoning so that he can take down the existing radio tower and put in housing at a higher density than would be allowed under the existing zoning. The parcel is literally surrounded by RP-2 (Residential Preservation-2) zoning (see page 3 of Attachment #1).
The rezoning from the RP-1 (Residential Preservation-1) zoning district to the RP-2 (Residential Preservation-2) zoning district would increase the allowed residential density from 3.6 units an acre to 6 units an acre. The zoning change to RP-2 (Residential Preservation-2) would also allow duplexes and two-unit attached dwellings as permitted uses, which are not permitted uses in the RP-1 (Residential Preservation-1) zoning district. Table 1 compares the density of the RP-1 (Residential Preservation-1) and RP-2 (Residential Preservation-2) zoning districts. Table 2 compares the permitted uses allowed in the respective districts.
Table 1: Development Intensity Allowed by District* |
|||||
Zoning District |
Maximum Residential Density |
Minimum Lot Size |
Maximum Non-Residential Building Size |
Maximum Height |
Actual Allowable Density (4.45 acres) |
RP-1 |
Up to 3.6 DU/AC |
12,100 square feet average of all lots created with a minimum lot size of no less than 6,000 square feet |
None |
35 feet |
16 units |
RP-2 |
Up to 6 DU/AC |
7,260 square feet average of all lots created with a minimum lot size of no less than 6,000 square feet |
None |
35 feet |
26 units |
*See Attachment #2: §10-241 Residential Protection
| Table 2: Comparison of Existing and Proposed Permitted Uses | ||
Zoning Districts |
||
| Permitted Uses | RP-1 |
RP-2 |
| Dwelling, one-family (Rooming houses prohibited) | X |
X |
| Dwelling, two-family (Rooming houses prohibited) | X |
|
| Dwelling, two-unit townhouses | X |
|
| Hiking and nature trails | X |
X |
| Picnicking | X |
X |
| Canoe trails | X |
X |
| Horseback riding trails | X |
X |
| Tot lots | X |
|
*See Attachment #2: §10-241 Residential Protection
Facts
Planning Commission Discussion
On April 7, 2009, the Planning Commission voted 4-0 to recommend that the City Commission adopt Ordinance No. 09-Z-15, thereby approving this rezoning. There was no discussion of the item.
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. Policy 2.2.3 of the Land Use Element of the Tallahassee-Leon County Comprehensive Plan (Attachment #3) states, “[T]he primary function [of Residential Protection FLUM] is to protect existing stable and viable residential areas from incompatible land use intensities and density intrusions.” All the property in the immediate area of the subject property is zoned RP-2 (Residential Preservation-2), so this proposed zoning change for the subject property from RP-1 (Residential Preservation-1) to RP-2 (Residential Preservation-2) would make it more compatible with the neighborhood.
2. Conformance with the Land Development Regulations. Is the proposal in conformance with any applicable substantive requirements of the land development regulations, including minimum or maximum district size?
Yes. Section 10-170 (a)(1) of the Tallahassee Land Development Code states the intent of the Residential Protection zoning districts. This section states “Compatibility with surrounding residential type and density shall be a major factor in the authorization of development approval and in the determination of the permissible density.” As indicated above, rezoning the subject property from RP-1 (Residential Preservation-1) to RP-2 (Residential Preservation-2) will make it more consistent with the surrounding neighborhood.
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. Prior to 1992, the existing radio tower on the subject site was a conforming use in the A-2 (Residential Preservation-2) zoning district. When the property was rezoned to RP-1 (Residential Preservation-1), the radio tower became a legal non-conforming use because radio towers are not a permitted use in the RP-1 (Residential Preservation-1) zoning district. If the property is re-zoned to RP-2 (Residential Preservation-2), the radio tower will continue to be a legal non-conforming use. However, the applicant has indicated that it is his intent to take down the radio tower and build housing consistent with the permitted uses and approved density of the RP-2 (Residential Preservation-2) zoning district.
4. Land Use Compatibility. Will the proposal result in any incompatible land uses, considering the type and location of uses involved?
No. As previously stated, RP-2 (Residential Preservation-2) zoning is compatible with the surrounding neighborhood. Table 3 shows a general view of the immediately surrounding properties.
| Table 3: Surrounding Zoning and Land Use | ||||
| Area | Zoning | Land Use | Physical Use | Comments |
| Subject Parcel | RP-1 | Residential Protection | Radio Tower, associated structures | NA |
| North | RP-2 | Residential Protection | 2 single-family dwellings | NA |
| South | RP-2 | Residential Protection | 1 single-family dwelling; vacant lot | NA |
| East | RP-2 | Residential Protection | 2 single-family dwellings | NA |
| West | RP-2 | Residential Protection | vacant lot | NA |
5. School Considerations. Is there capacity in area schools? What effects on enrollment could the proposed rezoning have on area schools?
The area schools presently have excess capacity. The development of the subject property at the maximum allowable proposed residential density would not adversely impact capacity. The letter of explanation and school impact analysis calculations of each school level can be reviewed in Attachment #4.
6. Other Matters. Are there any other matters, which the Commission may deem relevant and appropriate?
None.
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 82 notices to property owners in the effected areas. To date, staff has received one walk-in inquiry requesting information on the proposed rezoning. The walk-in customer had been paying rent to the previous owner and had not been informed that the property had been sold. There were no telephone calls regarding the public notice and no written responses. The advertisement for this public hearing appeared in the Tallahassee Democrat on February 15, 2009 (Attachment #5).
CHARITABLE CONTRIBUTIONS
Not applicable.
OPTIONS
1. Adopt Ordinance No. 09-Z-15, thereby amending the Official Zoning Map to Change the Zoning Classification from the RP-1 (Residential Preservation-1) zoning district to the RP-2 (Residential Preservation-2) zoning district, based upon the findings of fact and conclusions of law set forth in this report and any evidence submitted at the hearing hereon.
2. Do not adopt Ordinance No. 09-Z-15.
3. Provide alternative direction.
ATTACHMENTS
1. Proposed Ordinance 09-Z-15.
2. Tallahassee Land Development Code. Section 241
a. 10-241 Residential Preservation 1
b. 10-241 Residential Preservation 2
3. Tallahassee-Leon County Comprehensive Plan, Land Use Element Policy 2.2.3
4. School Impact Analysis Form
5. Tallahassee Democrat advertisement.