Leon County Board of County Commissioners Cover Sheet for Agenda #28   April 12, 2022

To:	Honorable Chairman and Members of the Board
From:	Vincent S. Long, County Administrator Reese Goad, City Manager
Title:	Joint Transmittal Public Hearings on 2022 Cycle Comprehensive Plan Amendments

 

 

Review and Approval:	Vincent S. Long, County Administrator
Lead Staff/ Project Team:	Alan Rosenzweig, Deputy County Administrator Ken Morris, Assistant County Administrator Wayne Tedder, Assistant City Manager Benjamin H. Pingree, Director, Department of PLACE Artie White, Director, Tallahassee-Leon County Planning Department Mindy Mohrman, Administrator of Comprehensive Planning

 

 

---

STATEMENT OF ISSUE

This item provides for the Joint Board of County Commissioners / City Commission Public Hearings on the 2022 Cycle amendments to the Tallahassee-Leon County Comprehensive Plan.   The purpose of the Public Hearing is to transmit the proposed large-scale map amendment and a text amendment to the State Land Planning Agency and other reviewing agencies.

 

Large-scale amendments and text amendments to the Comprehensive Plan require two public hearings (transmittal public hearing and adoption public hearing). Small-scale map amendments only require one adoption public hearing.  The joint adoption public hearing for all of the 2022 Cycle Comprehensive Plan amendments is scheduled for June 14, 2022.

 

FISCAL IMPACT

This item has no fiscal impact.

 

 

RECOMMENDED ACTIONS

Option 1:        Conduct the transmittal public hearing on the 2022 Cycle Comprehensive Plan Text Amendment TTA2022004 (Property Rights Element) 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 2022 Cycle Comprehensive Plan Text Amendment TTA2022003 (Future Right-of-Way Needs Map) and transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County and City)

Option 3:        Conduct the transmittal public hearing on the 2022 Cycle Comprehensive Plan Text Amendment LTA202201 (Urban Services Area) and transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County and City)

Option 4:        Conduct the transmittal public hearing on the 2022 Cycle Large-Scale Comprehensive Plan Map Amendment LMA202202 (Woodville Highway) and transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County and City)

Option 5:        Conduct the transmittal public hearing on the 2022 Cycle Large-Scale Comprehensive Plan Map Amendment LMA202201 (April Road) and transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County only)

Option 6:        Conduct the transmittal public hearing on the 2022 Cycle Large-Scale Comprehensive Plan Map Amendment LMA202203 (Southwood Plantation Road) and transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County only)

 

 

EXECUTIVE SUMMARY

2022 Comprehensive Plan Amendment Cycle Transmittal Hearing

The purpose of the Public Hearing is to transmit the proposed large-scale map amendment and a text amendment to the State Land Planning Agency and other reviewing agencies. Large-scale amendments and text amendments to the Comprehensive Plan require two public hearings (transmittal public hearing and adoption public hearing). The 2022 Cycle includes 6 proposed amendments that are either large-scale or text. These include the Property Rights Element text amendment, Future Right-of-Way Needs Map text amendment, Urban Services Area text amendment, Woodville Highway large-scale map amendment, April Road large-scale map amendment, and Southwood Plantation Road large-scale map amendment. The Transmittal Hearing is to consider submitting these amendments for review by the state land planning agency and review agencies prior to adoption.  Small-scale map amendments only require one adoption public hearing. The only small-scale amendment in the 2022 Cycle is the Ananeoo Trust small-scale map amendment. A Transmittal Hearing is not needed for this small-scale amendment. The joint adoption public hearing for all of the 2022 Cycle Comprehensive Plan amendments (text, large-scale map, and small-scale map amendments) and implementing rezonings is scheduled for June 14, 2022.

 

The Tallahassee-Leon County Comprehensive Plan is a joint document adopted by both the City of Tallahassee and Leon County.  The Comprehensive Plan includes Goals, Objectives, and Policies intended to guide economic, social, physical, environmental, and fiscal development of the community over the next 20 to 30 years.  It is a dynamic document that can be amended on an annual basis.  The annual Comprehensive Plan amendment cycle format, with a second cycle utilized some years when necessary, has been used by the Board and City Commission to amend the Comprehensive Plan since its adoption in 1990.  This approach is consistent with Policy 1.8.1 of the Intergovernmental Coordination Element which states, “To promote the efficient use of City and County resources, one Comprehensive Plan amendment cycle will be initiated annually.  The Board of County Commissioners or City Commission may approve the initiation of additional Comprehensive Plan amendments outside of the annual cycle.” This annual Comprehensive Plan Amendment Cycle approach is intended to make it easier for citizens to monitor and participate in the public review process, and provides for efficient use of staff, outreach, and advertising resources.

 

Large-scale map amendments (proposed amendments to the Future Land Use Map that involve a use of greater than 50 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 these amendments is scheduled for June 14, 2022.

 

Small-scale map amendments (proposed amendments to the Future Land Use Map that involve a use of 50 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. Proposed amendment TMA 2022001 (Ananeoo Trust) within the City limits is the only small-scale map amendment proposed for the current cycle. No Transmittal Hearing is needed for this amendment. The adoption hearing for this amendment is scheduled for June 14, 2022.

 

Rezonings that implement proposed map amendments may be considered concurrently with proposed Comprehensive Plan amendments.  The proposed map amendments for the 2022 Cycle have concurrent rezonings that will be considered at the Adoption Public Hearing scheduled for June 14, 2022.  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. The rezonings will be quasi-judicial in nature; therefore, any ex parte communications shall be disclosed prior to the item being heard.

 

The 2022 Cycle includes seven proposed amendments.  Three amendments are considered text amendments and address the text of goals, objectives, and policies and/or figures, tables, and maps that are not in the Future Land Use Map.  Four of the amendments are proposed to amend the Future Land Use Map in the Land Use Element.  Of these amendments to the Future Land Use Map (map amendments), two are located in unincorporated Leon County to support residential development, one is located within City limits to reflect private ownership of property designated Government Operational, and one has a parcel within the City limits and a parcel in the unincorporated portion of the County to support residential development.  At the June 14th public hearings, the three text amendments will require votes by both Commissions, map amendments within unincorporated Leon County will require a vote solely by the Board of County Commissioners, and map amendments in the City limits will require a vote solely by the City Commission.

 

Public notification for the Comprehensive Plan amendment cycle includes mailed direct notices, signage posted at the subject sites, notices printed in the Tallahassee Democrat and Capital Outlook, and the 2022 Amendment Cycle website.  Staff held two public open houses on the amendments on December 15, 2021 with eight people in attendance, and January 11, 2022 with two people in attendance.  Staff provided an overview of the proposed amendments and informed the public on the different meetings related to the cycle, and how citizens can provide comments and remain engaged throughout the process. 

 

The Local Planning Agency (LPA) Public Hearing was held on March 1, 2022.  The LPA voted unanimously to approve the seven proposed amendments included in the 2022 Amendment Cycle.  Several citizens attended to speak about the following proposed amendments:

• LMA 202201 (April Road) had eight speakers, seven opposed and one representing the applicant.
• LMA 202202 (Woodville Highway) had one speaker who was representing the applicant.
• LMA 202203 (Southwood Plantation Road) had seven speakers, six opposed and one representing the applicant.
• TMA 2022001 (Urban Services Area) had one speaker who was the applicant.

 

In addition to the open house and public hearings, citizens can submit comments on proposed amendments through the website, by returning the public comment section of the mailed notices, via email, or via fax.  These written comments are included as Attachments 6, 8, and 10.  The remaining amendments proposed for this cycle have received no public comments.

 

A joint workshop was held on March 22, 2022 at the County Commission Chambers. At this workshop, the Board and Commission requested additional information related to the comprehensive planning and development processes as well as specific information on the proposed amendments.  Attachment #13 provides the requested information which includes historical data on the Urban Services Area, housing inventory, population projections, environmental considerations, and efforts to promote infill development.  Specific to the proposed amendments, Attachment #13 also provides adjacent roadway capacity data and information on the Southwood DRI.

 

The overall schedule for the 2022 Comprehensive Plan Amendment Cycle is as follows:

 

Full 2022 Cycle Amendment Schedule:

Application Cycle                                                                 April 2021 – September 25, 2021

Public Open Houses                                                            December 15, 2021; January 11, 2022

Local Planning Agency Workshop                                    January 4, 2022

Local Planning Agency Public Hearing                            March 1, 2022

Joint City-County Workshop                                             March 22, 2022

First Joint City-County Public Hearing                            April 12, 2022

Second Joint City-County Public Hearing                       June 14, 2022

 

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).

 

Proposed text amendments and/or the large-scale map amendments approved for transmittal at this Public Hearing will be incorporated into a transmittal package and submitted to the State Land Planning Agency and review agencies for review. The State Land Planning Agency and review agencies have 30 days from the receipt of the transmittal amendments to submit comments. The adoption public hearing for these amendments, the proposed small-scale amendment, and rezonings to implement the map amendments is scheduled for June 14, 2022.

 

SUPPLEMENTAL INFORMATION

The proposed 2022 Cycle Comprehensive Plan Amendments include:

• 3 Text Amendments
• 3 Large-Scale Map Amendments (greater than 50 acres)
  • 1 with 1 parcel within the City limits and 1 parcel in unincorporated Leon County
  • 2 in unincorporated Leon County
• 1 Small-Scale Map Amendment (50 acres or fewer)
  • 1 within City of Tallahassee limits

 

The 2022 Cycle Comprehensive Plan amendments are as follows:

 

Amendment 1 Name:  TTA 2022 004 – Property Rights Element
Applicant: Tallahassee-Leon County Planning Department
Jurisdiction: Joint Leon County and City of Tallahassee
Staff: Jacob Fortunas 

Synopsis: During the 2021 session, the State Legislature passed a new requirement that local government comprehensive plans include a property rights element that respects judicially acknowledged and constitutionally protected private property rights.  Because private property rights were already protected by law, the proposed new element does not impact the way private property is protected locally but meets the new statutory requirement.

 

Text Amendment: The Comprehensive Plan is currently comprised of eleven elements, each addressing certain aspects of the community.  The Property Rights Element would add an additional element to the Comprehensive Plan.  This is a text amendment that provides for the addition of the new element, entitled Property Rights Element.  The State Legislature passed, and the Governor signed HB 59 (SB 496) during the 2021 legislative session.  This new Element will reaffirm the property rights of property owners established by the US Constitution, the Florida Constitution, State Statutes (including the Bert Harris Act), and local ordinances.  The Bert Harris Act determines that there is an important state interest in protecting private property owners from burdens resulting from laws, regulations and ordinances that restrict private property rights and provides for relief, or payment of compensation, when a new law, rule, regulation, or ordinance unfairly affects real property.  Section 163.3177, Florida Statutes               (s. 163.3177 F.S), now requires that the new Property Rights Element be adopted prior to any other proposed plan amendments.

The content of the proposed element reads as follows:

Goal 1: [PR]

To recognize and respect judicially acknowledged or constitutionally protected private property rights.

 

Objective 1.1: [PR]

Ensure that all rules, ordinances, regulations, and programs are developed, advertised, implemented, and applied with sensitivity for private property rights.

 

Policy 1.1.1: [PR]

To ensure that private property rights are considered in local decision-making, the following rights shall be considered:

1. The right of a property owner to physically possess and control their interests in the property, including easements, leases, or mineral rights, subject to state law and local ordinances.
2. The right of a property owner to use, maintain, develop, and improve their property for personal use or for the use of any other person, subject to state law and local ordinances.
3. The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property, subject to state law and local ordinances.
4. The right of a property owner to dispose of their property through sale or gift, subject to state law and local ordinance.

 

Consistency with the Comprehensive Plan

The proposed amendment is required to be consistent with s. 163.3177 F.S.:

 

• Consistency with s. 163.3177 F.S. requiring comprehensive plans be amended to include a property rights element.
• Consistency with s. 163.3177 F.S. requiring comprehensive plans be amended to include a property rights element prior to other amendments.
• Consistency with s. 163.3161 F.S. requiring that all governmental agencies in the State of Florida recognize and respect judicially acknowledged or constitutionally protected private property rights.

 

Summary of TTA 2022 004: 

• Local Planning Agency recommendation on proposed amendment:  Approve
• Staff recommendation on proposed amendment:  Approve
• The staff report for this text amendment is included as Attachment #1.
• No citizen comments have been received on this text amendment.

 

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 14, 2022.

 

Amendment 2 Name:  TTA 2022 003 – Future Right-of-Way Needs Map
Applicant: Tallahassee-Leon County Planning Department
Jurisdiction: Joint Leon County and City of Tallahassee
Staff: Julie Christesen 

Synopsis: The proposed amendment is procedural in nature and occurs at least every five years following the adoption of the Regional Mobility Plan by the Capital Region Transportation Planning Agency (CRTPA).  The Future Right-of-Way Needs Map is included within the Mobility Element.  Its purpose is to identify roadway corridors where public right-of-way is needed to implement identified transportation projects.

 

Text Amendment:  This Text Amendment would update the Future Right-Of-Way Needs Map (Map 27) to reflect right-of-way that is needed to implement Blueprint 2020 projects and projects identified in the CRTPA’s 2045 Regional Mobility Plan Cost Feasible Plan (the Long-Range Transportation Plan).  The proposed amendment would also remove projects from the map that are completed or have the right-of-way needed to complete the project, and will remove the Leon County Cost Feasible Map (Map 28) and the corresponding tables (Tables 13-15) in the Mobility Element, as these figures are no longer reflective of the current Long-Range Transportation Plan.  The projects from the Regional Mobility Plan will be found in the Capital Improvement Schedule, as updated annually.

 

Consistency with Comprehensive Plan

The proposed amendment is consistent with the following goals, objectives, and policies of the Tallahassee-Leon County Comprehensive Plan:

• Policy 1.6.5: [M] states: The Future Right-of-Way Needs Map shall be reviewed, and updated if necessary, every five years concurrent with the Long-Range Transportation Plan update, or more frequently as necessary to address the growth and mobility needs of the local government.
• Policy 1.6.3: [M] states: Future right-of-way needs for selected transportation corridors designated for improvement in the Tallahassee-Leon County Comprehensive Plan are generally depicted in the Future Right-of-Way Needs Map and the Long-Range Transportation Plan.
• Policy 1.6.1: [M] states: Development orders may require conveyance of transportation rights-of-way consistent with a Future ROW Needs Map and Future Right-of-Way Needs and Access Classifications Table, as a condition of plat or development approval, provided that any required dedication shall not exceed the amount of land that is roughly proportionate to the impacts of the development on the transportation network.
• Policy 1.6.4: [M] states: All proposed development plans on designated future transportation corridors shall be reviewed for consistency with the Future Right-of-Way Needs Map, the Long-Range Transportation Plan, and any specific alignment or engineering studies and shall be consistent with identified right-of-way needs for designated future transportation corridors as a condition of development approval.

 

Summary of TTA 2022 003: 

• Local Planning Agency recommendation on proposed amendment:  Approve
• Staff recommendation on proposed amendment:  Approve
• The staff report for this text amendment is included as Attachment #2.
• No citizen comments have been received on this text amendment.

 

If approved by the City and County Commissions (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 14, 2022.

 

Amendment 3 Name:  LTA 2022 01 – Urban Services Area
Applicant: D.R. Horton
Jurisdiction: Joint Leon County and City of Tallahassee
Staff: Oluwaseyi Akinrinde 

Synopsis: The Comprehensive Plan, in Objective 1.1 [L] directs the establishment and maintenance of an Urban Services Area (USA), which is based upon a desire to have Tallahassee and Leon County grow in a responsible manner, with infrastructure provided economically and efficiently, and surrounding forest and agricultural lands protected from unwarranted and premature conversion to urban land use.  Established in 1990, the USA boundary has been adjusted twelve times since 1997, at times bringing additional acreage into the USA, and at times removing acreage.  The proposed amendments to the Urban Services Area are in locations where the current Urban Services Area boundary crosses through parcels and/or where the parcels are adjacent to the Urban Services Area boundary on multiple sides.  The proposed amendments to the Urban Services Area are related to map amendments described below.

 

Text Amendment:  This Text Amendment is a request to expand the Urban Services Area (USA) to include parcels related to the April Road Amendment (LMA202201), Woodville Highway Amendment (LMA202202), and Southwood Plantation Road Amendment (LMA202203).  In each case, a portion of the property is currently within or adjacent to the Urban Services Area boundary.  The proposed amendment would extend the USA to include:

 

• Approximately 134.90 acres of land at the northeast corner of Old St. Augustine Road and April Road.
• Approximately 62.01 acres of land southeast of the intersection at Capital Circle and Woodville Highway.
• Approximately 107.76 acres of land between Apalachee Parkway and Old St. Augustine Rd, east of Southwood Plantation.

 

Consistency with Comprehensive Plan

The proposed amendment is consistent with the following goals, objectives, and policies of the Tallahassee-Leon County Comprehensive Plan:

 

• Objective 1.1 [L] of the Tallahassee-Leon County Comprehensive Plan directs development to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and the service capacity to accommodate growth in an environmentally acceptable manner.  To accomplish this, Objective 1.1 [L] directs the establishment and maintenance of an Urban Service Area, which is based upon a desire to have Tallahassee and Leon County grow in a responsible manner, with infrastructure provided economically and efficiently, and surrounding forest and agricultural lands protected from unwarranted and premature conversion to urban land use.  The location and size of the USA shall be depicted on the Future Land Use Map (FLUM) and is based upon the area necessary to accommodate 90% of new residential dwelling units within the County; the ability to provide the urban infrastructure; and the presence of environmentally sensitive lands and water bodies, requiring protection from the impacts of urban development.

 

• Policy 1.1.1 [L] indicates that new development should be concentrated in the Urban Service Area, in order to discourage urban sprawl.

 

• Policy 1.1.8 [L] indicates that the size of the USA is related to the projected fiscal capacity of the local government to provide urban infrastructure. An assessment of changing conditions over the 20-year period of the plan is built in through the required seven year Evaluation and Appraisal Report (EAR) and the annual capital improvements process. The integrity of the USA concept is maintained by strict adherence to the premise of not funding or scheduling major capital improvement projects outside the USA, Rural Communities or the Woodville Rural Community in conjunction with a policy of discouraging premature use and underutilization of land designated for urban development. Additionally, the size of the USA should be limited to reflect the ability of the public to provide infrastructure, limitations of environmental constraints and existing development and to provide for a phasing mechanism to the Plan Horizon. The area within the USA is sized to accommodate approximately 50% more vacant land than is necessary to accommodate the population growth expected within the USA from 1993 to the Plan Horizon. It is expected that a USA sized 50% larger than our vacant land needs will provide sufficient constraint for growth management policies to be effective, while not over constraining the supply of vacant land.

 

• Policy 1.1.11 [L] indicates that the growth management strategy of the Tallahassee-Leon County Comprehensive Plan is designed to be implemented by a series of instruments which include: 1) An Urban Service Area strategy to guide and coordinate land use densities and intensities with the availability of capital infrastructure and to discourage urban sprawl.

 

• Policy 2.1.1 [L] indicates that urban services are not planned or programmed for lands in the Rural land use category.  There is currently access available for the subject sites.  This fact supports redesignation of the subject sites, as Rural lands are not intended to have urban services.
• Policy 2.2.1 [L] indicates a special condition 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.  The subject sites are adjacent to or have portions currently inside the USA.  Therefore, this special condition is satisfied.

While the expansion of the USA is a separate process from annexation, expanding the USA to properties on the southern portion of the community is congruent with the County Strategic Initiative to support updates to the Comprehensive Plan that encourage annexation of southside properties within the USA.

 

Additional information was requested for this amendment at the March 22, 2022 Joint Workshop. This additional information is included as Attachment #13.

 

Summary of LTA 2022 01: 

• Local Planning Agency recommendation on proposed amendment:  Approve
• Staff recommendation on proposed amendment:  Approve
• The staff report for this text amendment is included as Attachment #3.
• No citizen comments have been received on this text amendment.

 

If approved by the City and County Commissions (Option #3), 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 14, 2022.

 

Amendment 4 Name: LMA 2022 02 – Woodville Highway
Applicant:  D.R. Horton
Jurisdiction: Joint Leon County and City of Tallahassee
Staff: Oluwaseyi Akinrinde 

Synopsis:  The proposed map amendment to Suburban, and concurrent rezoning to R-3, would allow low-density residential development at a density up to eight dwelling units per acre.  The land use category and zoning district requested are the same as the land use and zoning on property directly across Woodville Highway.  A portion of the subject site is currently zoned R-3, which allows residential development up to eight dwelling units per acre.  The remainder of the site is zoned Rural.  The proposed concurrent rezoning from Rural to R-3 would increase allowable densities from one dwelling unit per 10 acres to eight dwelling units per acre.  This zoning district allows a range of single-family and two-family housing types including single- family detached, attached, and two-family attached dwellings.  Multifamily dwellings are not a permitted use in this district.

 

Large-Scale Map Amendment:  This Map Amendment is a request to change the Future Land Use Map (FLUM) designation from Planned Development (PD) and Rural (R) to Suburban (SUB) on approximately 154.09 acres.  The subject area is located at the intersection of Woodville Highway and Capital Circle SE.  The property consists of two parcels, one within City limits and one in unincorporated Leon County.  This amendment is related to text amendment LTA202201 to adjust the Urban Service Area to include the subject site.

 

The Planned Development category is assigned to large, undeveloped tracts of land for which more detailed planning is required to establish the most appropriate mix and arrangement of uses in accordance with these objectives and related policies.  The Rural category prohibits higher density residential and nonresidential activities that are not functionally related to and supportive of agriculture, silviculture, and other natural resource-based activities. 

 

The proposed Suburban category allows a mixture of office, commercial uses, and residential densities up to 20 units per acre.  The Suburban land use category is intended 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 rezoning application is being processed concurrently with this amendment.  A zoning change for the eastern (County) parcel from Rural (R) to Single-Family Detached, Attached Two-Family Residential (R-3) has been requested to implement the proposed amendment to the Future Land Use Map.  This zoning allows up to eight dwelling units per acre.  The western (City) parcel is currently zoned R-3 and will remain in the R-3 zoning.  The rezoning would be quasi-judicial in nature; therefore, any ex parte communications shall be disclosed prior to the item being heard.

 

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 Services Area (USA) as designated on the future land use map.  The subject site is made up of two parcels, one within the USA and one approximately 62.01-acre parcel outside the USA.  A text amendment to expand the USA to include the eastern parcel was submitted by the applicant.
• 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.

 

Summary of LMA 2022 02: 

• Local Planning Agency recommendation on proposed amendment and rezoning: Approve.
• Staff recommendation on proposed amendment and rezoning:  Approve.
• The staff report for this map amendment is included as Attachment #4.
• No citizen comments have been received on this map amendment.

If approved by the City and County Commissions (Option #4), 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 14, 2022.

 

Amendment 5 Name: LMA 2022 01 – April Road
Applicant:  D.R. Horton
Jurisdiction: Leon County
taff: Oluwaseyi Akinrinde 

Synopsis:  The proposed map amendment to Urban Residential-2 and concurrent rezoning to R-1 would allow low-density residential development at a density up to 3.63 dwelling units per acre.  The land use category and zoning district requested are the same as the land use and zoning on property directly east of the site.  The property to the west of the site is the Tallahassee National Cemetery and the higher density Hampton Creek subdivision.  A portion of the subject site is currently zoned R-1 which allows a maximum of 3.63 dwelling units per acre.  The portion of the site currently zoned Rural allows one dwelling unit per 10 acres, and the proposed R-1 zoning would be increased to 3.63 dwelling units per acre.  The portion of the site currently designated Office Residential-2 (OR-2) currently allows between 8 and 16 dwelling units per acre and the R-1 zoning would decrease the allowable density to 3.63 dwelling units per acre.  This zoning district allows single-family detached housing.  Multifamily dwellings are not permitted in this district.

 

Large-Scale Map Amendment:  This Map Amendment is a request to change the Future Land Use Map (FLUM) designation from Suburban (SUB), Rural (R), and Urban Residential 2 (UR-2) to Urban Residential 2 on approximately 173.24 acres.  The subject area is between Apalachee Parkway to the north and Old.  St. Augustine Road to the south.  This amendment is related to text amendment LTA202201 to adjust the Urban Service Area to include the entire parcels.

 

The Suburban category allows a mixture of office, commercial uses, and residential densities up to 20 units per acre.  The Suburban land use category is intended 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.  The Rural category prohibits higher density residential, and nonresidential activities that are not functionally related to and supportive of agriculture, silviculture, and other natural resource-based activities.  The portion of the property east of April Road that is designated UR-2 will remain as it is currently designated.

 

The proposed Urban Residential 2 category allows townhouses, single family detached homes, two-family homes, and apartments as well as open space/recreation and community facilities related to residential use from 4-20 dwelling units per acre.  The intent of the Urban Residential 2 category is to promote a range of residential densities, thereby promoting infill development, reducing urban sprawl, and maximizing the efficiency of infrastructure.

 

Rezoning Application: A rezoning application is being processed concurrently with this amendment.  A zoning change from Rural (R) and Office Residential (OR-2) to Single Family Detached Residential (R-1) has been requested to implement the proposed amendment to the Future Land Use Map.  The eastern portion of the property is currently zoned R-1.  The rezoning would be quasi-judicial in nature; therefore, any ex parte communications shall be disclosed prior to the item being heard.

 

Consistency with Comprehensive Plan

The proposed amendment is consistent with the following goals, objectives, and policies of the Tallahassee-Leon County Comprehensive Plan:

 

• Policy 2.1.1 [L] indicates that urban services are not planned or programmed for lands in the Rural land use category.  There is currently access available for the subject site.  This fact supports redesignation of the subject site, as Rural lands are not intended to have urban services.
• Policy 2.2.1 [L] indicates a special condition 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.  The subject site has the northern portion and parts to the east of April Road in the Urban Service Area.  Therefore, this special condition is satisfied.
• Policy 2.2.24 [L] indicates that the Urban Residential 2 land use category is to be applied only within the Urban Service Area.  Portions of the subject site is within the USA and there is a concurrent text amendment to expand the USA to the rest of the subject site.

 

• Policy 2.2.24 [L] indicates that Urban Residential 2 may serve as a transition category between lower density residential categories and more intensive development such as higher density residential and/or office land uses or major roadways where alternative modes of transportation are available to support the increased residential densities.  The subject site is between Apalachee Parkway, a principal arterial and Old St. Augustine Road, a minor arterial.  April Road, a minor collector, runs through the site and can support the increased residential densities which is consistent with Policy 2.2.24 [L].

Summary of LMA 2022 01: 

• Local Planning Agency recommendation on proposed amendment and rezoning: Approve.
• Staff recommendation on proposed amendment and rezoning:  Approve.
• The staff report for this map amendment is included as Attachment #5.
• Citizen comments on this map amendment are included as Attachment #6.

 

If approved by the County Commission (Option #5), 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 14, 2022.

Amendment 6 Name: LMA 2022 03 – Southwood Plantation Road
Applicant:  D.R. Horton
Jurisdiction: Leon County
taff: Oluwaseyi Akinrinde

 

Synopsis:  The proposed map amendment to Suburban and concurrent rezoning to R-3 would allow low density residential development at a density up to eight dwelling units per acre.  The land use category and zoning district requested are the same as the property directly north of the site.  The property to the east of the site is the Tallahassee National Cemetery.  Other adjacent properties are Residential Preservation, Suburban with Medium Density Residential zoning, Planned Development (Southwood), and Rural.  The rezoning from Rural to R-3 would increase the allowable residential density from one unit per 10 acres to eight dwelling units per acre.  This zoning district allows a range of single-family and two-family housing types including single- family detached, attached, and two-family attached dwellings.  Multifamily dwellings are not a permitted use in this district.

 

Large-Scale Map Amendment:  This Map Amendment is a request to change the Future Land Use Map (FLUM) designation from Rural (R) and Suburban (SUB) to Suburban on approximately 129.8 acres.  The subject area is located between Apalachee Parkway and Old St. Augustine Road with access from Southwood Plantation Road.  This amendment is related to text amendment LTA202201 to adjust the Urban Service Area to include the entire parcel.

 

The Rural category prohibits higher density residential, and nonresidential activities that are not functionally related to and supportive of agriculture, silviculture, and other natural resource-based activities.  The western portion of the property that is currently designated Suburban will remain as it is currently designated.

The proposed Suburban category allows a mixture of office, commercial uses, and residential densities up to 20 units per acre.  The Suburban land use category is intended 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 rezoning application is being processed concurrently with this amendment.  A zoning change from Rural (R) and Critical Planning Area (CPA) to Single-Family Detached, Attached Two-Family Residential (R-3) has been requested to implement the proposed amendment to the Future Land Use Map.  The rezoning would be quasi-judicial in nature; therefore, any ex parte communications shall be disclosed prior to the item being heard.

 

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 requires that, in order to discourage urban sprawl, new development shall be concentrated in the Urban Services Area (USA) as designated on the future land use map.  The subject site is currently partially inside the USA boundary.  A text amendment was submitted to expand the USA to encompass the parcel in its entirety.
• Policy 2.1.1 [L] indicates that urban services are not planned or programmed for lands in the Rural land use category.  There is currently access available for the subject site.  This fact supports redesignation of the subject site, as Rural lands are not intended to have urban services.
• Policy 2.2.1 [L] indicates a special condition 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.  The western portion of the subject site is currently in the Urban Service Area.  Therefore, this special condition is satisfied.
• 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.

 

Summary of LMA 2022 03: 

• Local Planning Agency recommendation on proposed amendment and rezoning: Approve.
• Staff recommendation on proposed amendment and rezoning:  Approve.
• The staff report for this map amendment is included as Attachment #7.
• Citizen comments on this map amendment are included as Attachment #8.

 

If approved by the County Commission (Option #6), 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 14, 2022.

 

Amendment 7 Name: TMA 2022 001 - Ananeoo Trust
Applicant:  Ananeoo Trust LLC
Jurisdiction: City of Tallahassee
Staff: Stephen Hodges

 

Synopsis:  The Government Operational land use that is currently on the property is intended for “property owned or operated by local, state and federal government.”  The requested Activity Center zoning district allows between 16 and 45 dwelling units per acre; however, allowable development on the subject site is constrained by existing utility easements.  The proposed map amendment to Activity Center, and concurrent rezoning to the Activity Center district, would be consistent with the site being privately owned and allowing limited development subject to the provisions of the easements, and would be the same land use and zoning as all adjacent nongovernment operational properties.

 

Small-Scale Map Amendment:  This Map Amendment is a request to change the Future Land Use Map (FLUM) designation from Governmental Operational (GO) to High Intensity Urban Activity Center (AC) on approximately 0.39 acres.  The subject area is located at the northeast corner of the intersection of Maclay Commerce Drive and Financial Plaza.

 

The Government Operational category is intended for “property owned or operated by local, state and federal government.”  Electric transmission lines cross the subject site from east to west and easements currently exists on the site; however, the site is privately owned, and limited development may still occur.

The High Intensity Urban Activity Center category is intended to provide community-wide or regional commercial activities located in proximity to multifamily housing and office employment centers.  It is intended to provide large-scale commercial activities to serve retail needs of large portions of the population, promote efficiency of the transportation system by consolidating trips, and discourage unabated sprawl of commercial activities.  Planned, integrated development is required to promote synergy between the different allowable land uses.  An integrated pedestrian mobility system designed to provide safe and accessible foot and bike travel between the land uses shall be stressed in granting development approvals.  Access and egress to Activity Centers as well as internal vehicle travel shall be planned in a comprehensive manner in order to facilitate traffic movement.  Residential development is permitted up to 45 dwelling units per acre.

 

Rezoning Application:  A rezoning application is being processed concurrently with this amendment.  A zoning change from Planned Unit Development (PUD) to High Intensity Urban Activity Center (AC) has been requested to implement the proposed amendment to the Future Land Use Map.  The rezoning would be quasi-judicial in nature; therefore, any ex parte communications shall be disclosed prior to the item being heard.

Consistency with Comprehensive Plan

The proposed amendment is consistent with the following goals, objectives, and policies of the Tallahassee-Leon County Comprehensive Plan:

• Policy 2.2.9: [L] which describes the High Intensity Urban Activity land use category.  The subject site is vacant and is located in proximity to multifamily housing and office employment centers.  Although the subject site is too small to provide large-scale commercial activities to serve the retail needs of large portions of the population, the use of the site under AC would promote the efficiency of the transportation system by consolidating trips and discouraging unabated sprawl of commercial activities.
• Policy 2.2.9: [L], the subject site is accessible via an integrated pedestrian mobility system designed to provide safe and accessible foot and bike travel between the land uses.  Access to the site is provided by its location at the intersection of Maclay Commerce Drive and Financial Plaza, which is accessible via Maclay Boulevard and Village Square Boulevard.  There are sidewalks along these streets, as well as bike lanes on Maclay Commerce Drive and Financial Plaza.
• Policy 2.2.16: [L] describes the Government Operational (GO) land use category.  The GO category specifically allows facilities that provide for the operation of and provision of services on property owned or operated by government.  The subject site is privately owned but also has a City of Tallahassee-owned utility easement covering the entirety of the subject site to accommodate electric utility facilities (i.e., aerial powerlines).  With the exception of two temporary structures, the subject site is otherwise vacant.  Although the subject site is consistent with GO based on its present use by the City’s Electric and Gas department, this land use designation severely constrains the subject site which has no other development constraints except the transmission lines themselves.

 

Summary of  TMA 2022 001: 

• Local Planning Agency recommendation on proposed amendment and rezoning: Approve.
• Staff recommendation on proposed amendment and rezoning:  Approve.
• The staff report for this map amendment is included as Attachment #9.
• Citizen comments on this map amendment are included as Attachment #10.

 

Because it is considered a small-scale amendment, no action is currently needed on proposed amendment TMA2022001 (Ananeoo Trust). The adoption hearing for this amendment is scheduled for June 14, 2022.

 

Next Steps

Proposed text amendments and/or the large-scale map amendments approved for transmittal at this Public Hearing will be incorporated into a transmittal package and submitted to the State Land Planning Agency and review agencies for review. The State Land Planning Agency and review agencies have 30 days from the receipt of the transmittal amendments to submit comments. The adoption public hearing for these amendments and for the proposed small-scale amendment is scheduled for June 14, 2022.

 

 

OPTIONS

1. Conduct the transmittal public hearing on the 2022 Cycle Comprehensive Plan Text Amendment TTA2022004 (Property Rights Element) and transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County and City)
2. Conduct the transmittal public hearing on the 2022 Cycle Comprehensive Plan Text Amendment TTA2022003 (Future Right-of-Way Needs Map) and transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County and City)
3. Conduct the transmittal public hearing on the 2022 Cycle Comprehensive Plan Text Amendment LTA202201 (Urban Services Area) and transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County and City)
4. Conduct the transmittal public hearing on the 2022 Cycle Large-Scale Comprehensive Plan Map Amendment LMA202202 (Woodville Highway) and transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County and City)
5. Conduct the transmittal public hearing on the 2022 Cycle Large-Scale Comprehensive Plan Map Amendment LMA202201 (April Road) and transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County only)
6. Conduct the transmittal public hearing on the 2022 Cycle Large-Scale Comprehensive Plan Map Amendment LMA202203 (Southwood Plantation Road) and transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County only)
7. Conduct the transmittal public hearing on the 2022 Cycle Comprehensive Plan Text Amendment TTA2022004 (Property Rights Element) and do not transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County and City)
8. Conduct the transmittal public hearing on the 2022 Cycle Comprehensive Plan Text Amendment TTA2022003 (Future Right-of-Way Needs Map) and do not transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County and City)
9. Conduct the transmittal public hearing on the 2022 Cycle Comprehensive Plan Text Amendment LTA202201 (Urban Services Area) and do not transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County and City)
10. Conduct the transmittal public hearing on the 2022 Cycle Large-Scale Comprehensive Plan Map Amendment LMA202202 (Woodville Highway) and do not transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County and City)
11. Conduct the transmittal public hearing on the 2022 Cycle Large-Scale Comprehensive Plan Map Amendment LMA202201 (April Road) and do not transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County only)
12. Conduct the transmittal public hearing on the 2022 Cycle Large-Scale Comprehensive Plan Map Amendment LMA202203 (Southwood Plantation Road) and do not transmit the proposed amendment to the State Land Planning Agency and review agencies.  (County only)

 

RECOMMENDED ACTIONS

Options #1, #2, #3, #4, #5, and #6

 

Attachments:

1. Staff report for TTA 2022 004 (Property Rights Element)
2. Staff report for TTA 2022 003 (Future Right of Way Needs Map)
3. Staff report for LTA 2022 01 (Urban Services Area)
4. Staff report for LMA 2022 02 (Woodville Highway)
5. Staff report for LMA 2022 01 (April Road)
6. Citizen Comments on LMA 2022 01 (April Road)
7. Staff Report for LMA 2022 03 (Southwood Plantation Road)
8. Citizen Comments on LMA 2022 03 (Southwood Plantation Road)
9. Staff Report for TMA 2022 01 (Ananeoo Trust)
10. Citizen Comments on TMA 2022 01 (Ananeoo Trust)
11. Public Notice (County)
12. Public Notice (City)
13. Additional Information Requested at the March 22, 2022 Workshop