View Agenda '33'

Leon County
Board of County Commissioners
Agenda Item#33

December 13, 2022

To:	Honorable Chairman and Members of the Board

From:	Vincent S. Long, County Administrator

Title:	First and Only Public Hearing to Approve the Bradfordville Self Storage Type "C" Site and Development Plan Application

Review and Approval:	Vincent S. Long, County Administrator
Department/Division Review and Approval:	Alan Rosenzweig, Deputy County Administrator Ken Morris, Assistant County Administrator Barry Wilcox, Director, Development Support and Environmental Management
Lead Staff/ Project Team:	Ryan Culpepper, Director, Development Services Division Lila Stewart, Principal Planner, Development Services Division

Statement of Issue:

This item requests the Board conduct the first and only quasi-judicial Public Hearing, and conditionally approve the Bradfordville Self Storage Type “C” site and development plan application. The project site is located at 6785 Thomasville Road within the Bradfordville Office Residential (BOR) zoning district, which allows the proposed mini warehouses in accordance with the standards as set forth in the Bradfordville Commercial Services (BCS) District, and requires review and approval by the Board at a public hearing.

Fiscal Impact:

This item has no fiscal impact.

Staff Recommendation:

Option #1: Conduct the first and only Public Hearing for the Bradfordville Self Storage Type “C” site and development plan application, and approve the application with conditions (Attachment #1) based on the findings of fact and conclusions of law included herein and those established within the Development Review Committee’s record, as well as any evidence received at the Public Hearing.

Report and Discussion

Background:

This item requests the Board conduct the first and only Public Hearing and conditionally approve the Bradfordville Self Storage Type “C” site and development plan application (Attachment #1) based on the recommendations of the Development Review Committee (DRC) (Attachment #2). The project site is located at 6785 Thomasville Road within the Bradfordville Office Residential (BOR) zoning district which allows the proposed mini warehouses in accordance with the standards as set forth in the Bradfordville Commercial Services (BCS) District. This Public Hearing is quasi-judicial in nature. Legal considerations for this Public Hearing are provided in more detail in the following Analysis section.

The applicant is proposing to use an existing two-story, 99,162 square foot vacant building for mini warehousing. The project is located on three parcels (tax ID 14-22-20-020-000-0, 14-15-20-410-000-0 and 14-15-20-401-0000). Tax ID 14-15-20-401-0000 and 14-22-20-020-0000 contains the 99,162 square foot building while Tax ID 14-15-20-410-0000 comprises the remainder of the property. There are no proposed changes to the building footprint, as the interior will be renovated to contain a mini warehouse facility. The parcels are located inside the Urban Service Area (USA) and are zoned BOR; however, according to the BOR zoning district, mini warehouses are subject to the development standards of the BCS zoning district and shall also comply with Bradfordville Commercial Center District (BCCD) specific development standards. The parcels are designated Bradfordville Mixed Use on the Future Land Use Map of the Tallahassee-Leon County Comprehensive Plan.

Pursuant to Sec. 10-6.680 (b) any development proposing warehousing, mini warehousing, or self-storage in the BCCD shall require a Type “C” site plan review. Type “C” reviews require a minimum of three (3) public meetings/hearings: the Application Review Meeting (ARM), a Development Review Committee (DRC) meeting, and final disposition by the Board of County Commissioners (Board) at a Public Hearing. Type “C” reviews can only proceed through the Final Design Plan Approval (FDPA) review track as outlined in subsection 10-7.402.5(b) of the Land Development Code (LDC), which requires a site and development plan and an Environmental Management Permit (EMP) be reviewed and approved concurrently.

A Permitted Use Verification (PUV, #VC22115) which determined that the mini warehouses are a permitted use within the BOR zoning district was issued as conditional on July 19, 2022. A Preliminary Certificate of Concurrency (#LCM22022) has been issued for the proposed development. A Type “C” site and development plan application (#LSP22021) and the associated EMP (#LEM22-064) were filed on August 24, 2022, and reviewed at the first required public meeting (ARM) on September 14, 2022. Due to application deficiencies, the meeting was continued to a second ARM on October 5, 2022, during which the Application Review Committee (ARC) found the application sufficiently complete and recommended the project proceed to the DRC for review.

The DRC reviewed the plans and held a public meeting on November 2, 2022. Due to application deficiencies, the meeting was continued to a second DRC meeting on November 16, 2022, during which the DRC found the application sufficiently complete and recommended the Project proceed to the Board for approval with conditions. Findings of fact were presented to the DRC demonstrating that the site and development plan is consistent with the Comprehensive Plan and in compliance with the applicable provisions of the LDC, provided the conditions and deficiencies outlined in the staff reports are sufficiently addressed.

Analysis:

The Project is allowed as mini warehouses pursuant to Section 10-6.76 of the LDC. The subject property is located within the USA and within the BOR zoning district. The subject property is designated Bradfordville Mixed Use on the Future Land Use Map of the Tallahassee-Leon County Comprehensive Plan. The intent of the BOR zoning district is to preserve the residential character of the Bradfordville Study Area through a mixture of uses at a compatible scale with the adjacent residential communities. The BOR district encourages employment and residential uses to locate in close proximity to one another. A variety of housing types, compatible nonretail activities of moderate intensity and certain community facilities related to office or residential facilities (recreational, community services, and light infrastructure) are permitted in the BOR district.

The subject property is also located within the BCCD overlay, which is provided to ensure that goods and services are provided primarily for the area residents rather than serving a regional market, and providing development consistent with the character of the area. The subject property is located along Thomasville Road, a Principal Arterial, state-maintained roadway. The subject property is served by Talquin Electric Cooperative, Inc. for utilities.

BCS Mini warehouse Development Standards:

Mini warehouses within the BOR zoning district shall be designed in accordance with the standards as set forth in the BCS District.

Location.

Mini warehouses shall be within one of the following zoning districts: Airport Vicinity District (OA-1), Light Industrial District (M-1), Bradfordville Office Residential District (BOR), Interchange Commercial District (IC), Woodville Commercial District (WC), and Bradfordville Commercial Services District (BCS). The project is located in the BOR zoning district.

Setbacks.

Setbacks shall comply with district minimums of 20 feet in the front, 15 feet on the side interior, 25 feet on the side corner and 15 feet in the rear. The existing building meets all minimum setback requirements.

Maximum Building Restrictions.

Gross floor area shall not exceed 15,000 square feet per acre, except for buildings or portions thereof which are used for storage, which may not exceed 17,000 square feet per acre. No single use tenant shall exceed 10,000 square feet. Building height shall not exceed two stories. The existing building size exceeds the single use tenant limit of 10,000 square feet; therefore, the building cannot be increased in size to accommodate a single-use tenant (Sec. 10-6.305). A mini warehouse is considered a single-use tenant. The existing building and previous use (Kohl’s) was conforming at the time of its establishment in 2008. However, the current, more restrictive, regulations were adopted in 2015 limiting any further expansion of the building for a single-use tenant.

Access Management Criteria.
1. Within the BCS district, direct driveway access to arterial and collector roads is prohibited except for: 1) existing driveway access as of July 28, 1998; 2) a single driveway access for properties in existence before July 28, 1998, which have sole access to the arterial road and does not have other street access; and 3) temporary driveway access may be permitted for properties which establish permanent access to another public street and grant the local government with jurisdiction the right to close the temporary access without compensation upon opening of access to an alternative roadway. The applicant meets the single driveway access for properties in existence before July 28, 1998, which have sole access to the arterial road and does not have other street access.
2. All properties shall provide cross access easements benefiting adjoining properties to permit the development of an internal vehicular and pedestrian circulation system. All non-residential properties shall provide driveway interconnections to adjoining nonresidential properties. All new developments proposing subdivision shall have shared access for every two parcels created. The applicant has provided staff a draft blanket access easement for the site providing access to the parcel to the north . This proposed easement shall be executed and recorded prior to final site plan approval. An existing reciprocal cross-access easement already exists between the subject site and the adjacent parcel to the south (Publix). Therefore, upon recordation of the easement to the north, the applicant will have addressed this requirement.
3. Full movement access to a local street shall not be permitted within 200 feet of a signalized intersection. Right-in/right-out access to a local street shall not be permitted closer than 100 feet to another access point or intersecting public street, nor within 200 feet of a signalized intersection, except properties with sole access to a local street are permitted at least one access point, which may be limited to right-in/right-out based upon a traffic safety evaluation. The site is not adjacent to a local street.

Landscape Standards.

Development within the BCS shall be subject to the landscape requirements of this section in addition to those requirements of the Environmental Management Act (EMA).

1. All properties fronting arterial roads shall provide and maintain a 30-foot-wide landscape area immediately adjoining the arterial road. All vegetation within the 30-foot-wide landscaped area of good condition four inches and larger shall be preserved. This landscape area shall be planted with canopy trees with at least one tree for each 200 square feet of landscape are Creative design and spacing is encouraged. The landscape area may be crossed by driveways permitted pursuant to subsection 7 of this section, but compensatory area shall be added, equal to the area of the driveway, adjacent to the required landscape are Sidewalks are not permitted within the landscaped area except for interconnections to sidewalks fronting public roadways. Signs in accordance with subsection 13 of this section may be located within the landscape area but shall not reduce the tree planting requirement. Existing healthy trees in the landscape area may be counted as prescribed in section 10-4.350(b) toward meeting the tree planting requirement. Management of the existing trees within the 30 feet shall include pruning of dead and hazardous tree limbs, pruning of live limbs less than 25 percent of the green mass of the tree, fertilization, pest control, and control of invasive vegetation. Mechanical methods which compact the earth or root systems shall not be allowed. There is an existing 30-foot landscape buffer that will be maintained and meets the standard.
2. All properties fronting collector and local roads shall provide and maintain a 20-foot-wide landscape area immediately adjoining the collector or local road. All vegetation within the 20-foot-wide landscaped area of good condition four inches and larger shall be preserved (this provision shall not apply where a primary entrance is oriented toward the street and there is no vehicular-use area between the building and roadway). This landscape area shall be planted with canopy trees with at least one tree for each 200 square feet of landscape area. Creative design and spacing is encouraged. The landscape area may be crossed by driveways permitted pursuant to subsection 7 of this section, but compensatory area shall be added equal to the area of the driveway within the required landscape area. Sidewalks are not permitted within the landscaped area except for interconnections to sidewalks fronting public roadways. Signs in accordance with subsection 13 of this section may be located within the landscape area but shall not reduce the tree planting requirement. Existing healthy trees in the landscape area may be counted as prescribed in section 10-4.350(b) toward meeting the tree planting requirement. Management of the existing trees within the 20 feet shall include pruning of dead and hazardous tree limbs, pruning of live limbs less than 25 percent of the green mass of the tree, fertilization, pest control, and control of invasive vegetation. Mechanical methods which compact the earth or root systems shall not be allowed. The project is located along an arterial road therefore not subject to this standard.
3. All existing and proposed roadways/access ways shall be planted with canopy trees at a standard of one canopy tree per 200 square feet of landscape area. Credit shall be given for existing vegetation within the required landscaped areas as identified in subsection 9. (a) and (b) of this section. Creative design and spacing is encouraged. The Site and Development Plan has addressed this standard.
4. All vehicular-use areas shall be buffered from view from public streets and for access ways through the use of vegetation and/or topography or other manmade structures so long as such structures are architecturally compatible with the principle structure. All manmade visual buffers greater than 20 feet in unbroken length shall be designed to provide interesting visual effects and reduce apparent mass though the use of vegetation and plane projections, material changes, in scale or other architectural features. Canopy tree cover for the parking area shall be provided so as to attain a minimum of 60 percent plan view shading within 10 years of planting date. At-grade parking areas shall include interior landscaped areas at a minimum ratio of 400 square feet per 5,000 square feet of vehicular-use area located internally to the parking area. Where interior landscaped areas cannot be obtained, the required landscaped area shall be placed between the proposed vehicular-use area and the public right-of-way and/or access way. Existing vegetation shall be incorporated into the landscaped areas to the greatest extent possible. Planting areas shall have a minimum area of 400 square feet, with a minimum dimension of 10 feet and shall have a depth of 3 feet of good planting soil. The Site and Development Plan has addressed this standar
5. Trees planted within a sidewalk area shall incorporate tree grates or other surfacing so as to not impede the flow of pedestrian traffic. The Site and Development Plan has addressed this standard.
6. Buffer standards for uncomplimentary land uses shall meet the requirements of section 10-7.522. The Site and Development Plan has addressed this standard.
7. Developments within this district shall preserve a minimum of 25 percent of the total site as natural area. On-site natural area shall encompass significant, naturally occurring vegetation areas or other significant environmental features. The Site and Development Plan has addressed this standard.
8. Stormwater management facilities shall be landscaped in accordance with the Environmental Management Act; however, development is encouraged to provide innovative designs making such facilities an amenity to the site. All stormwater management facilities are encouraged to be constructed with 4:1 side slopes. Chain-link and vinyl clad fencing enclosures are prohibited where stormwater management facilities are visible from public roadways/access ways. Where fencing and/or retaining walls are proposed and visible from a public roadway/access way, such fencing shall be architecturally compatible with the principle structure. Stormwater ponds shall be designed to imitate "natural" pond characteristics, including curved geometrics, gently sloping edges, landscaping and paving materials, and should be placed so as to be focal design amenities. The Site and Development Plan has addressed this standard.

Parking Standards.

Properties fronting an arterial road shall be allowed to construct 50 percent of all parking required by the LDC in front of the proposed building/structure and/or adjacent to a public roadway. Additional parking, above code requirements shall be located to a side or rear of the proposed building/structure that is not fronting a public or private roadway or access way. The Site and Development Plan includes the required 39 regular parking spaces, two ADA accessible spaces, two bicycle spaces and one EV ready space and will result in a reduction of regular parking spaces from the previously approved use.

Lighting Standards.

All exterior lighting shall have recessed bulbs and filters which conceal the source of illumination. No wall or roof-mounted flood or spot lights used as general grounds lighting are permitted. Security lighting is permitted. Lighting for off-street walkways shall be spaced no more than 30 feet apart, and shall not exceed 10 feet in height. Parking lighting shall be spaced a maximum of 50 feet apart and shall not exceed 20 feet in height. Lighting levels adjacent to residential areas shall not exceed 0.5 footcandles at the property line (six feet above ground). The Photometric Plan meets all lighting standards.

Signage.

Signs shall comply with applicable standards of this chapter. Any new sign shall be designed and placed in accordance with Article IX of the LDC and only one ground sign and one wall sign shall be allowed. The Site and Development Plan shows reuse of the existing ground sign.

Environmental review:

This site is in the Bradfordville Study Area and is subject to the Bradfordville Stormwater Standards. An EMP is currently under review, reference LEM22064. Any deficiencies found within the EMP that also affect the site plan will require being incorporated prior to final site plan approval. Once improvements are completed, an updated As-Built and Stormwater Operating Permit will be required prior to request for final inspection and closeout.

DRC Recommendation to the Board

On November 16, 2022, the DRC recommended that the Board conditionally approve the site and development plan, subject to the conditions listed below (Attachment #2). The DRC found that with the exception of minor deficiencies which could be resolved through the imposition of the recommended conditions, the application satisfies the criteria necessary for approval.

The conditions of site and development plan approval recommended by the DRC are as follows and shall be completed according to the noted deadlines:

Environmental Management Permit (EMP): The FDPA Track requires concurrent review and approval of the site plan and EMP. All EMP deficiencies shall be addressed prior to final site plan approval.
Cross Access Interconnect Easements: The blanket cross-access easement to the parcel to the north (Tax ID: 14-15-20-402-000-0) and to the adjoining Publix site (Tax ID: 14-22-25-000-001-0) to the south must be executed and recorded in the Official Records of Leon County prior to final approval.
Fire Flow Calculations: Must meet Needed Fire Flow (NFF) as determined by AWWA Manual M31, using NFPA 1 Method. Fire flow calculations shall be provided to and accepted by the Tallahassee Fire Department prior to final approval.

Public Notification

Notice of the Public Hearing on the proposed site and development plan application was duly advertised seven days in advance of the Public Hearing as required by law (Attachment #3).

Legal Considerations

The review of this item is quasi-judicial in nature, and, therefore, ex parte communications should be avoided. Should a Commissioner receive any ex parte communication, such communication must be placed on the record. If any verbal ex parte communications are received, a memorandum stating the substance of the verbal communications received, and the verbal response made, shall be placed on the record. All ex parte communications received as of the distribution of this agenda are included as Attachment #4. Disclosure can also be made on the record at the Public Hearing before the Board takes action on the item.

The deadline to submit documentary evidence for consideration by the Board is Friday, December 9, 2022 at noon pursuant to the LDC. All documentary evidence submitted after this deadline shall not be considered by the Board or made part of the record. Documentary evidence for this purpose is defined as evidence in a physical or digital form, including, but not limited to, expert reports, photographs, documents, affidavits, memoranda, graphs/charts, maps aerial photographs, and surveys.

In approving, approving with conditions, or denying the application, the Board is to determine that the application is or is not consistent with procedural requirements of Section 10-7.402(5) and the following criteria:

Whether the applicable zoning standards requirements have been met.
Whether the applicable provisions of the Environmental Management Act have been met.
Whether the requirements of the LDC and other applicable regulations or Ordinances which impose specific requirements on site and development plans and development have been met.

Should the Applicant prevail in meeting all procedural requirements as well as showing that the application is consistent with the Comprehensive Plan, any denial of the application must include a determination that maintaining the existing conditions furthers a legitimate public purpose and must be supported by competent substantial evidence placed on the record. “Competent substantial evidence” is that which is “sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached.” De Groot v. Sheffield, 95 So. 2d 912, 916 (Fla. 1957). Further, evidence relied upon must be fact-based, real, material, pertinent and relevant.

Upon approval, approval with conditions, or denial of this application, a written final determination of the Board will be rendered with the Clerk to the Board.

Options:

Conduct the first and only Public Hearing for the Bradfordville Self Storage Type “C” site and development plan application and approve the application with conditions (Attachment #1) based on the findings of fact and conclusions of law included herein and those established within the Development Review Committee’s record, as well as any evidence received at the Public Hearing.
Conduct the first and only Public Hearing for the Bradfordville Self Storage Type “C” site and development plan application and do not approve the application with conditions.
Board direction.

Recommendation:

Option #1

Attachments: