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STATEMENT OF ISSUE
This item provides for the Joint Board of County Commissions/City Commission Public Hearings on the 2021 Cycle amendments to the Tallahassee-Leon County Comprehensive Plan and concurrent rezonings. The purpose of the Public Hearing is to:
Small-scale map amendments to the Comprehensive Plan only require one adoption public hearing. Large-scale amendments and text amendments require two public hearings (transmittal public hearing and adoption public hearing). The adoption public hearing for the large-scale map amendments and text amendments is scheduled for June 8, 2021.
FISCAL IMPACT
This item has no fiscal impact.
RECOMMENDED ACTIONS
Option 1: Conduct the transmittal public hearing on the 2021 Cycle Comprehensive Plan Text Amendment TTA2021004 (Bicycle and Pedestrian Master Plan) and transmit the proposed amendment to the State Land Planning Agency and review agencies. (County and City)
Option 2: Conduct the transmittal public hearing on the 2021 Cycle Large-Scale Comprehensive Plan Map Amendment LMA2021003 (Aenon Church Road) and transmit the proposed amendment to the State Land Planning Agency and review agencies. (County only)
Option 3: Conduct the first and only public hearing and adopt the proposed Ordinance (Attachment #1), thereby adopting the small-scale map amendment LMA202106 (WW Kelley Road) in unincorporated Leon County to the Tallahassee-Leon County 2030 Comprehensive Plan. (County only)
Option 4: Conduct the first and only public hearing and adopt the proposed Ordinance (Attachment #2) amending the Official Zoning Map to Change the Zoning Classification from the Rural (R) District to the General Commercial (C-2) District. (County only)
Option 5: Conduct the first and only public hearing and adopt Ordinance No. 21-O-16 (Attachment #3), thereby adopting the small-scale map amendment TMA2021004 (1717 West Tennessee Street) in the City of Tallahassee to the Tallahassee-Leon County 2030 Comprehensive Plan. (City only)
Option 6: Conduct the first and only public hearing and adopt Ordinance No. 21-Z-17 (Attachment #4), thereby adopting an amendment of the Official Zoning Map to Change the Zoning Classification from the University Transition Zoning District to the Commercial Parkway (CP) Zoning District. (City only)
EXECUTIVE SUMMARY
The purpose of the Public Hearing is to:
Large-scale map amendments (proposed amendments to the Future Land Use Map that involve a use of greater than 10 acres) and text amendments (proposed amendments to goals, objectives, policies, tables, charts, or figures) require two public hearings, a transmittal public hearing and an adoption public hearing. Amendments approved during the transmittal public hearings will be submitted to the State Land Planning Agency and other reviewing agencies. Following their review, adoption public hearings will be conducted for the final adoption of those amendments. The adoption hearing for the proposed large-scale map amendment and the text amendment is currently scheduled for June 8, 2021.
Small-scale map amendments (proposed amendments to the Future Land Use Map that involve a use of 10 acres or fewer) to the Comprehensive Plan only require one public hearing (adoption public hearing). If adopted, the small-scale amendments will be transmitted to the State and become effective 31 days after adoption.
Rezonings that would implement a proposed map amendment may be considered concurrently with the proposed Comprehensive Plan amendment. The small-scale map amendments both have concurrent rezonings. Zoning changes approved by the local government are contingent upon the comprehensive plan or plan amendment transmitted becoming effective. If approved, the rezonings would become effective at the same time as the corresponding Comprehensive Plan amendments.
Full 2021 Cycle Amendment Schedule:
Application Cycle April 2020 – September 25, 2020
Public Open House December 10, 2020
Local Planning Agency Workshop January 5, 2021
Local Planning Agency Public Hearing February 2, 2021
Local Planning Agency Public Hearing March 2, 2021
Joint City-County Workshop March 23, 2021
Joint City-County Public Hearings April 13, 2021
Joint City-County Public Hearings June 8, 2021
These public hearings have been noticed and advertised in accordance with the provisions of section 163.3184, Florida Statutes, the Leon County Code of Ordinances (Attachment #11) and the City of Tallahassee Code of Ordinances (Attachment #12).
SUPPLEMENTAL INFORMATION
The proposed 2021 Cycle Comprehensive Plan Amendments include:
The proposed amendments are as follows:
Text Amendment: This is a text amendment to create a policy in the Mobility Element that supports the implementation of the Capital Region Transportation Planning Agency’s (CRTPA’s) Tallahassee-Leon County Bicycle and Pedestrian Master Plan (BPMP). The proposed amendment will adopt the BPMP by reference.
The proposed text amendment to the Mobility Element would include a new Policy. The policy would be:
Policy 1.1.14: [M] The City of Tallahassee and Leon County will support the implementation of the Capital Region Transportation Planning Agency’s (CRTPA’s) Tallahassee-Leon County Bicycle and Pedestrian Master Plan, adopted by the CRTPA in 2020, to the extent that it does not conflict with goals, objects, and policies in this Comprehensive Plan.
Consistency with the Comprehensive Plan
The proposed amendment is consistent with the following Comprehensive Plan policies:
Goal 1 of the Mobility element is to establish and maintain a safe, convenient, energy efficient, and environmentally sound automobile, transit, bicycle and pedestrian transportation system, capable of moving people of all ages and abilities as well as goods.
Policy 1.2.4: [M] states: In coordination with the Capital Region Transportation Planning Agency, maintain a bicycle and pedestrian master plan and pursue implementation funding.
Policy 1.4.7: [M] Energy Efficiency District Network and Connectivity states: Energy efficiency districts shall have a dense, interconnected network of local and collector streets, sidewalks, bike lanes, and shared-use paths in accordance with the following:
Summary of TTA 2021 004:
If approved by the City and County Commissions (Option #1), the proposed amendment will be submitted to the State Land Planning Agency and review agencies in accordance with Section 163.3184, Florida Statutes. The adoption hearing for this amendment would be held June 8, 2021.
Large-Scale Map Amendment: This Map Amendment is a request to change the Future Land Use Map (FLUM) designation from Urban Residential 2 (UR-2) & Governmental Operational (GO) to Industry and Mining (IM) on approximately 51.1 acres. The subject area is located along the east side of Aenon Church Road south of Highway 20.
The current UR-2 designation is intended to allow a range of infill residential uses up to a maximum of 20 dwelling units per acre with no minimum. The GO category is intended to allow facilities such as community services, light and heavy infrastructure, and post-secondary uses that provide for the operation of and provision of services on property owned or operated by local, state and federal government. The proposed Industry and Mining FLUM category is intended to allow light industrial, mining, and heavy industrial uses.
Rezoning Application: A zoning change from Single-Family Detached, Attached Two-Family Residential (R-3) to Mining is requested to implement the proposed Future Land Use Map amendment. The Mining district is “intended to be located in areas designated Industry and Mining on the Future Land Use Map. Mining uses shall be permitted subject to applicable landscaping and natural area requirements and the dimensional standards included in land development regulations. A land reclamation plan shall be submitted demonstrating that upon termination of the activity, the land shall be returned to a condition that will allow an effective reuse compatible with surrounding properties.”
Consistency with Comprehensive Plan
The proposed amendment, as modified, is consistent with the following goals, objectives, and policies of the Tallahassee-Leon County Comprehensive Plan:
Policy 2.2.28: [L] creates the Industry and Mining land use category. The property has previously been used as a sand mine, and DSEM and the City of Tallahassee have both proposed mitigation measures for on- and off-site impacts as required by this policy. The access to the subject site is from Aenon Church Road, which has no residential uses south of Highway 20 to the southern portion of the subject site. Residential uses are located directly south and east of the subject site. There are also at least three active sand mines in this area as well as at least two former mines. The active mines are located immediately north and west of the subject site. The subject site itself has been mined at several locations at different times. These activities have affected approximately 21 acres (40 percent) of the subject site. Another 13 acres (26 percent) of the site are affected by potential karst and other environmental features, and another 4.5 acres (nine percent) of the site is encumbered by a perpetual utility easement. This leaves only approximately 12.5 acres (25 percent) of the site that could be developed for housing under the current land use and zoning designations.
The proposed land use amendment modification recommended by staff is also consistent with Policy 2.2.16: [L] which creates the Government Operational land use category, as the utility easement crossing the subject site is owned by local government and is primarily used for electric utility infrastructure. This land use category is designated for this transmission line from the Arvah B. Hopkins generating station east to the Seminole Manor residential neighborhood east of Capital Circle SW.
Summary of LMA 2021 03:
The Local Planning Agency recommends that this proposed Comprehensive Plan Amendment and the concurrent rezoning be found inconsistent with the Tallahassee-Leon County Comprehensive Plan based on Policy 2.1.1 as well as potential incompatibility due to the added concentration of the proposed use and the ground disruptions, other disruptions, and the potential off-site impacts associated with mining. Policy 2.1.1: [L] is included below for reference:
Policy 2.1.1: [L] (REV. EFF. 6/28/95; REV. EFF. 7/26/06; REV. EFF. 5/31/18)
Protect existing residential areas from encroachment of incompatible uses that are destructive to the character and integrity of the residential environment. Comprehensive Plan provisions and Land Development Regulations to accomplish this shall include, but are not limited to:
a) Inclusion of a Residential Preservation category on the Future Land Use Map.
b) Limitations on future commercial intensities adjoining low density residential areas. Such limitations are to result in effective visual and sound buffering (either through vegetative buffering or other design techniques) between the commercial uses and the low-density residential uses; and are to allow only those commercial activities which are compatible with low density residential development in terms of size and appearance.
c) Limitations on future higher density residential adjoining low-density residential areas. Such limitations are to result in effective visual and sound buffering (either through vegetative buffering or other design techniques) between the higher density residential uses and the low-density residential uses.
d) Limitations on future light industry adjoining low and medium density residential areas. Such limitations are to result in effective visual and sound buffering (either through vegetative buffering or other design techniques) between the light industrial uses and the low-density residential uses.
e) Prevention or mitigation of off-site impacts from Industry and Mining uses.
f) Additional development requirements for allowed community facilities when adjoining low density residential areas, except for cemeteries or religious facilities to be used solely for religious functions. Such development requirements will also apply if ancillary facilities are proposed in conjunction with religious facilities and are to result in effective visual and sound buffering (either through vegetative buffering or other design techniques) between the community facilities and the low-density residential uses.
If approved by the County Commission with the modification recommended by staff (Option #2), the land use for the subject site would become Industry and Mining with the utility easement retaining the current Future Land Use Map designation of Government Operational. The zoning would similarly become the Mining zoning district with the easement being zoned Government Operational. The land development code specifies that access to the subject site would only be allowed from Aenon Church Road. The land development code also outlines the required buffers around the perimeter of the site and around environmental features (including the sinkhole and waterbody), the setbacks required from the property line, and the buffers required adjacent to the residential areas. These are conceptually shown on maps included in the staff report (Attachment #6) but are subject to a Natural Features Inventory being completed for the site. These site requirements would be implemented by Leon County Development Support and Environmental Management at the site plan and permitting stages.
If approved by the County Commission (Option #2), the proposed amendment will be submitted to the State Land Planning Agency and review agencies in accordance with Section 163.3184, Florida Statutes. The adoption hearing for this amendment would be held June 8, 2021.
A rezoning public hearing would be held concurrently with the adoption hearing for this amendment. The rezoning would be quasi-judicial in nature; therefore, any ex parte communications shall be disclosed prior to the item being heard.
Small-Scale Map Amendment: This Map Amendment is a request to change the Future Land use Map (FLUM) designation from Rural (R) to Suburban (SUB) on two parcels totaling 1.6 acres inside of the Urban Services Area. The parcels are located off Apalachee Parkway on WW Kelley Road. The applicant is seeking the land use change to allow for the development of a neighborhood retail store.
The current Rural category is intended to maintain and promote agriculture, silviculture, and natural resource-based activities, to preserve natural systems and ecosystem functions, and to protect the scenic vistas and pastoral development patterns that typify Leon County’s rural areas. Single-family residential uses are allowed in the Rural category at a maximum density of one (1) dwelling unit per ten (10) acres. Nonresidential uses functionally related to and directly in support of agricultural silvicultural, and other natural resource-based activities may be permitted in the Rural category at a maximum intensity of 2,000 sq. ft. per acre. The proposed Suburban category allows a mixture of office, commercial uses and residential densities up to 20 units per acre. The intent of the Suburban land use category is to create an environment for economic investment or reinvestment through the mutually advantageous placement of employment and shopping opportunities with convenient access to low- to medium-density residential land uses.
Rezoning Application: A zoning change from Rural (R) to General Commercial (C-2) is requested to implement the proposed Future Land Use Map amendment. The C-2 district is intended “to be located in areas designated […] Suburban […] on the future land use map of the Comprehensive Plan” and “shall apply to areas with direct access to major collector or arterial roadways located within convenient traveling distance to several neighborhoods, wherein small groups of retail commercial, professional office, community and recreational facilities and other convenience commercial activities are permitted in order to provide goods and services that people frequently use in close proximity to their homes. The C-2 district is not intended to accommodate large-scale commercial or service activities or other types of more intensive commercial activity.”
Consistency with Comprehensive Plan
The proposed amendment is consistent with the following goals, objectives, and policies of the Tallahassee-Leon County Comprehensive Plan.
Policy 1.1.1 [L] requires that, in order to discourage urban sprawl, new development shall be concentrated in the Urban Service Area (USA) as designated on the future land use map. The subject site is within the USA.
Policy 2.2.5 [L] states the purpose of the Suburban land use is to create an environment for economic investment or reinvestment through the mutually advantageous placement of employment and shopping opportunities with convenient access to low to medium density residential land uses. Employment opportunities should be located near residential areas, if possible, within walking distance.
Policy 2.2.5 [L] states that to complement the residential aspects of this development pattern, recreational opportunities, cultural activities, commercial goods and services should be located nearby. The proposed retail store would be located adjacent to low density residential neighborhoods and would provide shopping opportunities with convenient access to these homes. The subject site parcels are located directly across WW Kelley Road from parcels designated as Suburban on the FLUM.
Policy 2.2.1 [L] states that due to the very low intensity development pattern that is intended for the category, urban services are not planned or programmed for the area. The current designation of Rural/Agriculture on the FLUM is inconsistent with the subject site being located inside the Urban Services Area.
Policy 2.2.1 [L] states that property within the Rural category shall not be converted to a more intense land use category unless the subject site adjoins the Urban Service Area or a designated Rural Community. Since the subject site is located within the Urban Services Area, amending the land use to a more intense land use category is consistent with this policy.
Summary of LMA 2021 06:
If adopted by the County Commission (Option #3), the amendment will be submitted to the State Land Planning Agency in accordance with Section 163.3187, Florida Statutes. The effective date of the amendment would be 31 days following adoption.
A rezoning public hearing (Option #4) is being held concurrently with the adoption hearing for this amendment. The rezoning is quasi-judicial in nature; therefore, any ex parte communications shall be disclosed prior to the item being heard.
Small-Scale Map Amendment: This Map Amendment is a request to change the Future Land Use Map (FLUM) designation from both Suburban (SUB) and University Transition (UT) to only Suburban (SUB) on a parcel totaling .44 acres. Part of this parcel is already classified as SUB. The parcel is located in between Call Street and West Tennessee Street. The applicant is seeking the land use change to allow for a potential drive thru, and to expand their options for connecting the front and rear parking areas. Additionally, this land use change will bring the parcel into one category (Suburban) instead of splitting it into two categories (Suburban and University Transition).
The existing UT land use allows 50 dwelling units per acre. The intent of the UT category is to provide housing for students and housing opportunities close to downtown. Retail commercial, limited to a smaller scale classification to provide essential services to immediate residents and ancillary needs of universities, is allowed. The proposed Suburban category allows a mixture of office, commercial uses and residential densities up to 20 units per acre. The intent of the Suburban land use category is to create an environment for economic investment or reinvestment through the mutually advantageous placement of employment and shopping opportunities with convenient access to low- to medium-density residential land uses.
Rezoning Application: A zoning change from University Transition (UT) and Commercial Parkway (CP) to only Commercial Parkway (CP) is requested to implement the proposed Future Land Use Map amendment. The CP district is “intended to be located in areas designated Suburban on the future land use map of the comprehensive plan and shall apply to areas exhibiting an existing development pattern of office, general commercial, community facilities, and intensive automotive commercial development abutting urban area arterial roadways with high traffic volumes.”
Consistency with Comprehensive Plan
The proposed amendment is consistent with the following goals, objectives, and policies of the Tallahassee-Leon County Comprehensive Plan:
Policy 1.1.1: [L] directs new development to areas within the Urban Services Area. The policy
states, “In order to discourage urban sprawl, new development shall be concentrated in the urban service area plus in the Woodville Rural Community future land use category and the rural communities of Capitola, Chaires, Ft. Braden and Miccosukee, as designated on the future land use map.” The subject site is located within the Urban Services Area.
Policy 2.2.5 [L] states the purpose of the Suburban land use is to create an environment for economic investment or reinvestment through the mutually advantageous placement of employment and shopping opportunities with convenient access to low to medium density residential land uses. Employment opportunities should be located near residential areas, if possible, within walking distance.
Policy 2.2.5 [L] states that to complement the residential aspects of this development pattern, recreational opportunities, cultural activities, commercial goods and services should be located nearby. Part of the subject site is already classified as SUB on the FLUM. This amendment would just bring the entire parcel into the same FLU category. The entire site is located directly adjacent to other retail and multi-family dwelling units, and near offices, high, medium and low-density neighborhoods, and FSU.
Summary of TTA 2021 002:
If adopted by the City Commission (Option #5), the amendment will be submitted to the State Land Planning Agency in accordance with Section 163.3187, Florida Statutes. The effective date of the amendment would be 31 days following adoption.
A rezoning public hearing (Option #6) is being held concurrently with the adoption hearing for this amendment. The rezoning is quasi-judicial in nature; therefore, any ex parte communications shall be disclosed prior to the item being heard.
CONCLUSION
The proposed 2021 Cycle Comprehensive Plan Amendments include:
If the City and County Commissions vote to transmit the proposed text amendment for the Bicycle and Pedestrian Master Plan (Option #1) and/or the County Commission votes to transmit the large-scale map amendment for Aenon Church Road (Option #2), the amendments will be incorporated into a transmittal package and submitted to the State Land Planning Agency and review agencies for review. If approved for transmittal, the adoption public hearing for these amendments would be held on June 8, 2021.
If the County Commission votes to adopt the small-scale map amendment in unincorporated Leon County for WW Kelley Road (Option #3) and/or the City Commission votes to adopt the small-scale amendment in the city limits for 1717 West Tennessee Street (Option #5), these adopted amendments will be submitted to the State Land Planning Agency and take effect 31 days following adoption. If the rezonings for these amendments are adopted (Options #4 and #6), they will become effective at the same time as the Comprehensive Plan amendment. The rezoning hearings are quasi-judicial in nature; therefore, any ex parte communications shall be disclosed prior to the item being heard.
OPTIONS
Option 1: Conduct the transmittal public hearing on the 2021 Cycle Comprehensive Plan Text Amendment TTA2021004 (Bicycle and Pedestrian Master Plan) and transmit the proposed amendment to the State Land Planning Agency and review agencies. (County and City)
Option 2: Conduct the transmittal public hearing on the 2021 Cycle Large-Scale Comprehensive Plan Map Amendment LMA2021003 (Aenon Church Road) and transmit the proposed amendment to the State Land Planning Agency and review agencies. (County only)
Option 3: Conduct the first and only public hearing and adopt the proposed Ordinance (Attachment #1), thereby adopting the small-scale map amendment LMA202106 (WW Kelley Road) in unincorporated Leon County to the Tallahassee-Leon County 2030 Comprehensive Plan. (County only)
Option 4: Conduct the first and only public hearing and adopt the proposed Ordinance (Attachment #2) amending the Official Zoning Map to Change the Zoning Classification from the Rural (R) District to the General Commercial (C-2) District. (County only)
Option 5: Conduct the first and only public hearing and adopt Ordinance No. 21-O-16 (Attachment #3), thereby adopting the small-scale map amendment TMA2021004 (1717 West Tennessee Street) in the City of Tallahassee to the Tallahassee-Leon County 2030 Comprehensive Plan. (City only)
Option 6: Conduct the first and only public hearing and adopt Ordinance No. 21-Z-17 (Attachment #4), thereby adopting an amendment of the Official Zoning Map to Change the Zoning Classification from the University Transition Zoning District to the Commercial Parkway (CP) Zoning District. (City only)
Option 7: Conduct the transmittal public hearing on the 2021 Cycle Comprehensive Plan Text Amendment TTA2021004 (Bicycle and Pedestrian Master Plan) and do not transmit the proposed amendment to the State Land Planning Agency and review agencies. (County and City)
Option 8: Conduct the transmittal public hearing on the 2021 Cycle Large-Scale Comprehensive Plan Map Amendment LMA2021003 (Aenon Church Road) and do not transmit the proposed amendment to the State Land Planning Agency and review agencies. (County only)
Option 9: Conduct the first and only public hearing and do not adopt the proposed Ordinance (Attachment #1), thereby not adopting the small-scale map amendment LMA202106 (WW Kelley Road) in unincorporated Leon County to the Tallahassee-Leon County 2030 Comprehensive Plan. (County only)
Option 10: Conduct the first and only public hearing and do not adopt the proposed Ordinance (Attachment #2), thereby not amending the Official Zoning Map to Change the Zoning Classification from the Rural (R) District to the General Commercial (C-2) District. (County only)
Option 11: Conduct the first and only public hearing and do not adopt Ordinance No. 21-O-16 (Attachment #3), thereby not adopting the small-scale map amendment TMA2021004 (1717 West Tennessee Street) in the City of Tallahassee to the Tallahassee-Leon County 2030 Comprehensive Plan. (City only)
Option 12: Conduct the first and only public hearing and do not adopt Ordinance No. 21-Z-17 (Attachment #4), thereby not adopting an amendment of the Official Zoning Map to Change the Zoning Classification from the University Transition Zoning District to the Commercial Parkway (CP) Zoning District. (City only)
RECOMMENDED ACTIONS
Options #1, #2, #3, #4, #5, and #6
Attachments: