CITY OF TALLAHASSEE
CITY COMMISSION AGENDA ITEM
ACTION REQUESTED ON:
October 28, 2009
SUBJECT/TITLE: Second and Final Public Hearing on Ordinance No. 09 O-11AA; Proposed Amendment to the Land Development Code to Amend the Appropriate Sections of Chapter 10 to Implement Comprehensive Plan Reform.
TARGET ISSUE: N/A

STATEMENT OF ISSUE

The proposed Ordinance (Attachment 1) will:

• Amend Sections 10-255 Neighborhood Commercial (C-1) and 10-256 General Commercial (C 2) of the Land Development Code to reflect the revised language in the Village Center development pattern of the Suburban FLUM category in order to make consistent with the Tallahassee Leon County Comprehensive Plan.
• Amend Section 10-255 Neighborhood Commercial (C-1) of the Land Development Code to allow access to all collector roadways.
• Amend Section 10-256 General Commercial (C-2) of the Land Development Code to allow access to major collector roadways in addition to arterials.
• Amend Section 10-252 Office Residential 2 (OR-2) of the Land Development Code to reflect the new Business Park development pattern language of the Suburban FLUM category in order to make consistent with the Tallahassee Leon County Comprehensive Plan.
• Amend Section 10-176 of the Land Development Code to reflect that OR-2, PUD and OS are the implementing zoning districts of the new Business Park development pattern of the Suburban FLUM category in order to make consistent with the Tallahassee Leon County Comprehensive Plan.
• Additionally, to reflect revisions to the Suburban Corridor development pattern, the M-1 zoning district shall be removed from the list of implementing districts.
• Amend Section 1-2 of the Land Development Code to add a definition for “Business Park.”

RECOMMENDED ACTION

Option 1. Conduct the second and final public hearing and adopt Ordinance No. 09-O-11AA, proposed amendment to the Land Development Code to amend the appropriate sections of Chapter 10 in order to implement Comprehensive Plan Reform, based on the findings of fact and conclusions of law of the Planning Commission and any evidence presented at the hearing hereon.

FISCAL IMPACT

This Ordinance will be implemented through the existing land development process in the Growth Management Department with no new costs identified.

Wayne Tedder, Director, Planning Department

Anita Favors Thompson, City Manager

For information, please contact: Mary Jean Yarbrough, Senior Planner, Phone: 891-6400.

SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS

HISTORY/FACTS & ISSUES

March 14, 2007: Comprehensive Plan Amendment 2006-2-T-09 became effective, removing the three Mixed-Use FLUM categories from the Comprehensive Plan and adding Urban Residential 2 and Suburban as new future land use map categories (Attachment 2). This amendment also revised the language of the Village Center development pattern and established a new development pattern, Business Park, within the Suburban FLUM category.

February 3, 2009: The Tallahassee-Leon County Planning Commission conducted a public hearing on Ordinance 09-O-06 which included the first phase of revisions to the City Land Development Code to implement Comprehensive Plan Reform.

March 25, 2009: Ordinance 09-O-06 received final approval from the City Commission.

July 7, 2009: The Tallahassee-Leon County Planning Commission held a public hearing to review the proposed Ordinance 09-O-11AA for consistency with the Tallahassee-Leon County Comprehensive Plan. The Planning Commission voted unanimously (5-0) to recommend the City Commission adopt the proposed amendment. This is the second phase of revisions to the Land Development Code to implement Comprehensive Plan Reform.

August 19, 2009: This Ordinance was introduced to the City Commission. The City Commission set
August 26, 2009 and October 28, 2009 as the first and second public hearings.

August 26, 2009: The City Commission held the first public hearing on this item and set the second public hearing for October 28, 2009. There were no speakers at the meeting.

Planning Commission Discussion

The Planning Commission convened a public hearing on July 7, 2009 and voted (5-0) to recommend that the City Commission adopt the proposed text amendment. The approved motion included direction to include the following uses in the Office Residential-2 (OR-2) zoning district; retail drug store without drive-thrus and retail food and grocery store. These uses will only be allowed in an approved business park development. Additionally, staff revised the development standards to include a new use category that applies to commercial uses allowed in a business park development. The development standards listed under this new use category are identical to the standards listed under non-residential use with the exception of maximum building restrictions which limits building size to 15,000 gross square feet. To further restrict commercial to serve as an ancillary use to the offices and residential allowed in a business park, an additional criteria and restriction was added stating that commercial uses shall not exceed 25% of the total square feet of development. During this review process, staff also determined that revisions to the C-1 and C-2 zoning districts, with regards to the locational standards, were warranted and recommend that C-1 be expanded to allow access to minor collector, major collector and arterial roadways and C-2 be allowed access to major collector and arterial roadways. There were no speakers at the meeting.

Comprehensive Plan Amendments relevant to the proposed amendments:

Amendment 2006-2-T-09. This amendment removed the three Mixed Use FLUM categories from the Tallahassee Leon County Comprehensive Plan and added Urban Residential 2 and Suburban as two new FLUM categories. This amendment also revised the language of the Village Center development pattern and established a new development pattern, Business Park, within the Suburban FLUM category.

Consistency Determination

The proposed amendment will:

• Revise the language of the implementing zoning districts (C-1 and C-2) to reflect the revised language in the Village Center development pattern of the Suburban FLUM category (Attachment 3).
• Revise the C-1 zoning district intent language to allow access to all collector roadways.
• Revise the C-2 zoning district intent language to allow access to major collector roadways in addition to arterials.
• Implement the new development pattern, Business Park, established in the Suburban FLUM category by recommending OR-2 and PUD as the implementing zoning districts and revising the corresponding language in OR-2.
• Make Section 10-176 of the Land Development Code consistent with the Comprehensive Plan by adding the new development pattern, Business Park, and recommending OR-2, PUD and Open Space (OS) as the implementing zoning districts.
• Implement the revised Suburban Corridor development pattern established in the Suburban FLUM category by removing the M-1 zoning district from the list of implementing districts in Section 10 176.
• Revise Section 1-2 of the Land Development Code to add a definition for Business Park.

The proposed amendment brings the City of Tallahassee Land Development Code into compliance with the Tallahassee Leon County Comprehensive Plan and staff and Planning Commission recommends that the Ordinance be found consistent with the Comprehensive Plan.

Public Notification and Response

This amendment requires City Commission action. The Planning Department and City Treasurer-Clerk’s Office will advertise the Ordinance consistent with State Statutes and the Land Development Code (Attachment 4).

CHARITABLE CONTRIBUTIONS

Not applicable.

OPTIONS

1. Conduct the second and final public hearing and adopt Ordinance No. 09-O-11AA, proposed amendment to the Land Development Code to amend the appropriate sections of Chapter 10 in order to implement Comprehensive Plan Reform, based on the findings of fact and conclusions of law of the Planning Commission and any evidence presented at the hearing hereon.

2. Do not conduct the second and final public hearing on Ordinance No. 09-O-11AA, based upon the findings of fact and conclusions of law made by the City Commission and any evidence submitted at the hearing hereon.

3. Provide staff with alternative direction.

ATTACHMENTS/REFERENCES

1. Proposed Ordinance No. 09-O-11AA
2. Staff Report for Comp Plan Amendment 2006-2-T-09
3. Comprehensive Plan Policies
4. Advertisement