|
||||||||||
STATEMENT OF ISSUE
This item provides information on the proposed 2022 Cycle amendments to the Tallahassee-Leon County Comprehensive Plan. The purpose of the Joint Workshop is to provide County and City Commissioners an opportunity to review the amendments and request any additional information. Information requested at the workshop will be provided in the materials for the public hearings scheduled for April 12 and June 14.
FISCAL IMPACT
This item has no fiscal impact.
RECOMMENDED ACTIONS
Option 1: Conduct the Joint Workshop on the 2022 Cycle Comprehensive Plan Amendments.
EXECUTIVE SUMMARY
2022 Comprehensive Plan Amendment Cycle Workshop
The purpose of the Joint Workshop for the 2022 Cycle Comprehensive Plan Amendments is to review and consider the proposed amendments and request any additional information to be brought back as part of the public hearings. 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. Included in this workshop item are staff reports and public comments received for all 2022 cycle amendments through March 10, 2022.
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 forthcoming 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.
The Commissions will meet for the first public hearing on the 2022 cycle amendments on April 12, 2022. This first public hearing will be for the transmittal of large-scale amendments (proposed text amendments and proposed map amendments that involve a use of greater than 50 acres) to the state land planning agency and review agencies. In prior years, large-scale amendments were map amendments involving the use of greater than 10 acres, but changes to State Statutes in 2021 increased the threshold from 10 acres to 50 acres. Following the review period by the State, the adoption public hearing for the 2022 amendments is scheduled for June 14, 2022.
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:
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.
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
The purpose of the Joint Workshop for the 2022 Cycle Comprehensive Plan amendments is to review and consider the proposed amendments and request any additional information to be brought back as part of the public hearings. The Joint Workshop format facilitates a conversation between the Board of County Commissioners and the City Commission on amendments to the joint Tallahassee-Leon County Comprehensive Plan.
SUPPLEMENTAL INFORMATION
The proposed 2022 Cycle Comprehensive Plan Amendments include:
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:
Consistency with the Comprehensive Plan
The proposed amendment is required to be consistent with s. 163.3177 F.S.:
Summary of TTA 2022 004:
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:
Summary of TTA 2022 003:
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:
Consistency with Comprehensive Plan
The proposed amendment is consistent with the following goals, objectives, and policies of the Tallahassee-Leon County Comprehensive Plan:
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.
Summary of LTA 2022 01:
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:
Summary of LMA 2022 02:
Amendment 5 Name: LMA 2022 01 – April Road
Applicant: D.R. Horton
Jurisdiction: Leon County
Staff: 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:
Summary of LMA 2022 01:
Amendment 6 Name: LMA 2022 03 – Southwood Plantation Road
Applicant: D.R. Horton
Jurisdiction: Leon County
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 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:
Summary of LMA 2022 03:
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:
Summary of TMA 2022 001:
Next Steps
The Commissions will meet for the first public hearing on the 2022 cycle amendments on April 12, 2022. This first public hearing will be for the transmittal of text amendments and large-scale map amendments to the state land planning agency and review agencies. The adoption public hearing for the 2022 amendments is scheduled for June 14, 2022. 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.
OPTIONS
1. Conduct the Joint Workshop on the 2022 Cycle Comprehensive Plan Amendments.
2. Board/ City Commission direction.
RECOMMENDED ACTIONS
Option #1
Attachments: