Wayne Tedder, AICP, Director, Planning Department

Anita Favors Thompson, City Manager

For information, please contact: Susan Denny, 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 western portion of this parcel was zoned OR (Office-Residential District), which allowed for all types of residential uses, and certain low intensity non-residential uses such as minor office. The eastern portion of the site was zoned RM-2 (Single-, Two-, Three-, Four- and Multiple-Family Dwelling District), which allowed for all types of residential uses at a density of up to 29.4 units an acre.

1992: The City of Tallahassee repealed the previous Zoning Code and adopted a new Zoning Code and an Official Zoning Map in compliance with the requirements of the Tallahassee-Leon County Comprehensive Plan adopted in 1990. However, due to an oversight, the subject parcel, and others adjacent to it, were not re-zoned in 1992.

September 2001: When attempting to place an Historic Property Overlay (HPO) designation on a property adjacent to the subject property, it was discovered that the proposed HPO property and several surrounding ones (including the subject property) were never rezoned and retained the obsolete pre-1992 zoning designations on them. To rectify this situation, the properties with the obsolete zoning were re-zoned to Planned Unit Development (PUD). The uses and development standards in the adopted PUD replicated those in the OR and RM-2 districts in the pre-1992 Zoning Code.

February 2006: The City Commission adopted the CU-12, CU-18, CU-26, and the CU-45 zoning districts.

April 2009: All property in the general CU zoning districts were rezoned into one of the four numbered CU zoning districts (CU-12, CU-18, CU-26, CU-45). This rezoning included property in the immediate vicinity of the PUD containing the subject property. However, this rezoning exercise did not affect the subject property or any other property in the PUD zoning district.

October 6, 2009: The Tallahassee-Leon County Planning Commission held a public hearing on Ordinance No. 09-Z-44.

October 7, 2009: Ordinance No. 09-Z-44 will be introduced to the City Commission.

October 28, 2009: The City Commission will hold a public hearing on Ordinance No. 09-Z-44.

Summary of Application

The applicant is seeking a rezoning from the PUD (Planned Unit Development) zoning district to the CU-45 (Central Urban-45) and CU-26 (Central Urban-26) zoning districts for a 1.34 acres parcel (a 0.95-acre portion of the western portion of the site is proposed for the CU-45 zoning district, and a 0.39 portion of the eastern portion of the site is proposed for CU-26 zoning district.) The rezoning from PUD to CU-26 and CU-45 would put the property into the appropriate zoning district and by doing so, it would expand the permitted uses allowable on the subject property, as well as impose new design, parking and buffer standards on the subject property.

The re-zoning of the property slightly reduces the allowable residential density of the PUD, which is 29.4 dwelling units per acre. The proposed new CU-26 zoning district would allow a maximum density of 26 dwelling units per acre. The portion of the PUD using the pre-1992 OR district standards has no specific maximum allowable density. The maximum residential density allowed in the CU-45 zoning district is 45 dwelling units per acre.

Planning Commission Discussion

On October 6, 2009, the Planning Commission voted 4 to 2 to recommend that the City Commission adopt Ordinance No. 09-Z-44, thereby approving this rezoning. The discussion of the Planning Commission centered on the need for the rezoning, the unique and potentially future historic nature of the property, and the effect of the redevelopment of the property on the adjacent day care center.

The applicant’s representative indicated that the rezoning was necessitated because the existing PUD zoning would not allow parking on the eastern side of the lot where his client intends to place impervious parking that would support the office/residential use on the western portion of the property. The representative also indicated that the applicant understands the uniqueness of the E.C. Allen residence and intends to maintain the façade and other essential elements of the structure as much as possible. However, it should be noted that the proposed rezoning does not require any specific design requirements for the re-development of the property except for those contained in the CU-45 and CU-26 development standards.

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 Future Land Use Map (FLUM) designation of this property is Central Urban. According to Land Use Element Policy 2.2.8, the Central Urban FLUM designation is “Characterized by older developed portions of the community that are primarily located adjacent to or in close proximity to the urban core…” In addition, the Central Urban FLUM designation is “[I]ntended to provide a variety of residential types (up to 45 du/ac), employment (includes light manufacturing), office and commercial activities. Infill and potential redevelopment and/or rehabilitation activity should be encouraged.” The Central Urban-45 and Central Urban-26 zoning districts, which are proposed for the subject property, were specifically written to implement the intent of the Central Urban FLUM designation.

2. Conformance with the Land Development Code. Is the proposal in conformance with any applicable substantive requirements of the land development regulations, including minimum or maximum district size?

Yes. The intent of both the CU-45 and CU-26 zoning districts is to “allow residential development at the densities necessary to support public transit.” In addition to promoting intensive residential densities, both the CU-45 and CU-26 zoning districts allow office and retail development (see Attachments 2a and 2b for actual permitted residential and commercial densities in the CU-45 and CU-26 zoning districts). The applicant proposes to re-develop the subject site as a mixed-use project consisting of office, assembly and residential land uses that would meet the intent and the development standards of the CU-45 zoning district (the existing single family home on the subject property is a conforming use in all zoning districts in accordance with Land Use Policy 1.5.2).

One potential concern with the proposed re-zoning is that Section 10-239.3 of the Tallahassee Land Development Code states that the CU-26 zoning district “is not intended to be located adjacent to areas designated Residential Protection on the Future Land Use Map.” An 80-foot long portion of the eastern boundary of proposed CU-26 area is adjacent to Residential Protection FLUM designated property. The land on the adjacent residential protection designated property to the east is an intensely developed 46-unit apartment building, which is a non-conforming use in the RP-2 zoning district. However, because the 46-unit apartment building is located in the RP-2 zoning district, which is a less intense zoning district than the CU-26 zoning district, it would be required to meet “Type A” or “Type B” buffering standards contained in Section 10-177 of the Tallahassee Land Development Code. The specific type of buffer that would be required would depend on the land use and size of the structure on the subject parcel adjacent to the RP-2 zoning district.

In addition, the eastern CU-26 portion of the property site would be separated from the Residential Protection FLUM designated properties by North Gadsden Street, which is a minor arterial roadway (see Attachment 1, Location Map). This minor arterial roadway provides an adequate buffer between the proposed CU-26 zoned properties and the Residential Protection FLUM designated area, as demonstrated by the fact that the entire length of North Gadsden Street between East Brevard Street and Beard Street serves as a boundary between properties in the Central Urban FLUM category and zoning districts to the west and properties with Residential Preservation FLUM designations and zoning to the east.

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. There has been little land use change in the general area of the subject property since the adoption of the PUD zoning in 2001. However, there have been some major changes to the land development regulations. Specifically, the broad Central Urban performance zoning district that utilized the land use matrix to determine allowable densities and intensities has been replaced with four site-specific central urban zoning categories that provide specific standards for density and intensity of land uses and provides design, buffering and parking standards applicable to an intensely developed urban setting. The new site-specific Central Urban zoning districts enable the subject property to be rezoned to zoning districts that will allow the appropriate redevelopment of the site.

4. Land Use Compatibility. Will the proposal result in any incompatible land uses, considering the type and location of uses involved?

No. The subject property is located near the southern edge of the Tallahassee Midtown area. Midtown is composed of a mix of offices, small retail, multi-family (including condos) and older single-family homes, including historic homes. The type of mixed-use development proposed for the subject site would be compatible with the area. However, the development of the subject property will be required to include buffers to protect the adjacent historical single family home occupation to the south of the CU-45 portion of the subject property and duplex property to the south of the CU-26 portion of the property.

A comparison of the square footage of the surrounding developments is included in Table 1a and Table 1b. A comparison of permitted use and applicable development standards are included in Tables 2a, 2b and Table 3, respectively.

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 proposed CU-45 and CU-26 districts will not exceed capacity, as the area schools have sufficient space. The school impact analysis calculations for each school level can be viewed in Attachment 3.

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 207 notices to property owners in the effected areas. To date, staff has received 2 phone calls, but no emails or written responses. The advertisement for this public hearing appeared in the Tallahassee Democrat on September 15, 2009 (Attachment 4).

CHARITABLE CONTRIBUTIONS

Not applicable.

OPTIONS

1. Adopt Ordinance No. 09-Z-44, thereby amending the Official Zoning Map to change the zoning classification from the PUD (Planned Unit Development) zoning district to the CU-45 (Central Urban-45) and CU-26 (Central Urban-26) zoning districts, based upon the findings of fact and conclusions of law set forth in this report, the Planning Commission, and any evidence submitted at the hearing hereon.

2. Do not adopt Ordinance No. 09-Z-44, thereby retaining the PUD (Planned Unit Development) zoning district, 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

1. Proposed Ordinance 09-Z-44.
2. Tallahassee Land Development Code.
3. School Impact Analysis Form.
4. Tallahassee Democrat advertisement.