STATEMENT OF ISSUE

The proposed Ordinance (Attachment 1) will:

• Repeal the CU Central Urban zoning district (Section 10-131, 10-239).
• Revise the general Central Urban zoning district language (Section 10-168).
• Update the Development Standards Schedule to reflect past zoning changes (Section 10-178).
• Add inadvertently omitted permitted uses to the CU-45 zoning district (Section 10-239.4).
• Repeal the South Monroe Sector Area interim development standards that are now implemented through the CU sub-district development standards (Section 10-430).

RECOMMENDED ACTION

Option 1. Conduct the First of Two Public Hearings on Ordinance No. 09-O-18; amendments to the Tallahassee Land Development Code, and set the second and final public hearing for May 27, 2009.

FISCAL IMPACT

No new costs are identified.

Wayne Tedder, Director, Planning Department

Anita Favors Thompson,Planning DepartmentCity Manager

For information, please contact: Zach Galloway, 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 rough methodology and intent in mapping the Central Urban zoning districts.

August 11, 2008: Staff held an open house for the general public to answer questions and address concerns regarding the proposed zoning changes.

Fall 2008: The Tallahassee-Leon County Planning Commission held public hearings and recommended approval of the Central Urban site-specific rezonings.

Fall 2008 & Winter 2008: The City Commission held public hearings on Central Urban site specific rezonings and adopted the implementing ordinances, thereby creating obsolete passages and references in the Land Development Code.

April 7, 2009: This Ordinance was introduced to the City Commission.

April 7, 2008: The Planning Commission held a public hearing on the item, and voted (4-0) to recommend the City Commission approve the proposed ordinance.

April 22, 2009: This Ordinance is scheduled for the first of two City Commission public hearings.

May 27, 2009: This Ordinance is scheduled for the second and final City Commission public hearing.

Planning Commission Discussion

The Planning Commission held a public hearing on April 7, 2009, and voted to recommend the City Commission approve the proposed ordinance. There were no public speakers at the hearing.

Facts/Issues

The proposed code amendments (Attachment 1) are the final task in the larger Central Urban site-specific zoning project. The Central Urban subdistricts – CU-12, CU-18, CU-26, and CU-45 – have been mapped throughout the Central Urban Future Land Use Map area, thereby rendering several passages in the Tallahassee Land Development Code obsolete. The following five points clarify the intent and purpose of the amendments.

• Repeals the CU Central Urban zoning district (Section 10-131, 10-239). The Central Urban site-specific rezonings were undertaken to provide more certainty to the zoning process. Those districts – CU-12, CU-18, CU-26, and CU-45 – have been mapped throughout the Central Urban Future Land Use Map area, and the previous CU Central Urban zoning district no longer exists on the ground.
• Revises the general Central Urban zoning district language (Section 10-168). The regulations and references contained therein, such as commercial location standards, pertain only to performance-based zoning districts, and thus are no longer applicable.
• Updates the Development Standards Schedule to reflect past zoning changes (Section 10-178). Past Comprehensive Plan Amendments and the current rezoning project have significantly increased potential residential densities in Tallahassee’s urban core, where it is most appropriate. Note ‘I’ is being removed to reflect past decisions to control allowable densities by zoning, rather than according to street access standards.
• Adds inadvertently omitted permitted uses to the CU-45 zoning district (Section 10-239.4). Planning staff omitted ‘Personal Services’ from the list of permitted uses in CU-45. This category includes common uses like barber shops, fitness centers, or spas. These uses are appropriate in the urban core and should be accommodated.
• Repeals the South Monroe Sector Area interim development standards that are now implemented through the CU sub-district development standards (Section 10-430). As evidenced by the Section 10-430 title, this section was an interim step taken to ensure that the community’s vision for Adams and South Monroe Streets was not overlooked prior to formal adoption of urban design standards. With the inclusion of more detailed design standards in the Central Urban sub-districts, the need for the interim ordinance has expired.

Consistency Determination

The proposed amendments are consistent with the Tallahassee-Leon County Comprehensive Plan. Revisions to the Development Standards Matrix (Section 10-178) implement a past Comprehensive Plan Amendment, which sought to remove barriers to urban development, specifically removing the local road access prohibition for developments that exceeded 16 dwelling units per acre (Attachment 2). The other amendments are administrative and lack explicit reference in the Comprehensive Plan. Instead, they are intended to maintain internal consistency and accuracy in the Code.

Public Notification and Response

This amendment requires City Commission action. The Planning Department and City Treasurer-Clerk’s Office has advertised the Ordinance consistent with State Statutes and the Land Development Code (Attachment #3). To date, the Planning Department has received no written public comments, email correspondence, or telephone calls related to this item.

CHARITABLE CONTRIBUTIONS

Not applicable.

OPTIONS

1. Conduct the first of two public hearings on Ordinance No. 09-O-18; amendments to the Tallahassee Land Development Code, and set the second and final public hearing for May 27, 2009.

2. Do not conduct the first of two public hearings on Ordinance No. 09-O-18; amendments to the Tallahassee Land Development Code.

3. Provide staff alternative direction.

ATTACHMENTS/REFERENCES

Attachment 1: Proposed Ordinance No. 09-O-18
Attachment 2: Tallahassee-Leon County Comprehensive Plan policies
Attachment 3: Tallahassee Democrat Advertisement