Statement of Issue:

Conduct the first and only public hearing to adopt a proposed Ordinance to amend to the Official Zoning Map to change the zone classification from the R-3 (Single-Family Detached, Attached Two-Family Residential) to the M-1 (Light Industrial) district (Attachment #1).  The applicant is the Board of County Commissioners.

Background:

The applicant is seeking a rezoning from R-3 (Single-Family Detached, Attached Two-Family Residential) to M-1 (Light Industrial) district of ± 0.58 acre located between the Lakewood Village Industrial Park and the Autumn Woods residential subdivision, approximately 195 feet north of Autumn Woods Way and 500 feet south of Woodlane Circle.  Location, zoning and aerial maps are included as Attachment #2. 

The existing R-3 zoning district permits single-family detached and attached dwellings and two-family dwellings at a maximum of eight dwellings units per acre, recreation, golf courses, and community facilities.  Some characteristic permitted activities within the requested M-1 district include light manufacturing, processing, storage, wholesale activities, and passive and active recreational uses.  See Table 1 for a detailed list of the allowed uses in each district, as well as Attachment #3, the applicable zoning district charts. 

On January 10, 2006 the Tallahassee-Leon County Planning Commission recommended unanimously (6-0) that the Board of County Commissioners not adopt the proposed ordinance. 

The speakers for this item were homeowners from the Autumn Woods neighborhood, five of which ceded their speaking time to one spokesperson for the group.  Two others spoke on their own behalf.  The concerns raised by the speakers regarded the following: 1) clearing work and chain-link, barbed-wire fence installation done by the property owner without a permit prior to the rezoning decision, 2) the intended and historical use of the subject parcel as a buffer area between the Lakewood Industrial Park and the Autumn Woods neighborhood, 3) the incompatibility of the proposed use for the parcel, and 4) the adverse effects suffered as a result of the property already being utilized as if rezoned (lighting, a gravel driveway with work trucks, noise, runoff, etc.)

Analysis:

For the reasons discussed, staff recommends revising the request and rezoning the parcel from the R-3 (Single-Family Detached, Attached Two-Family Residential) to the OS (Open Space) district on the southernmost 50 feet of the parcel, and to the M-1 (Light Industrial) district on the remainder of the property.  The OS district allows uses such as nature centers, natural areas, outdoor recreational facilities, and stormwater management facilities.  See Table 1 for a detailed list of the allowed uses in each district, as well as Attachment #3, the applicable zoning district charts.

In accordance with Section 10-840(K) of the Leon County Land Development Code, the County shall consider the following criteria in determining whether to recommend approval or denial of an application: 

1.   Comprehensive Plan.  Is the proposal consistent with all applicable policies of the adopted Comprehensive Plan?

            Yes.  Rezoning the parcel to M-1 as requested would implement the Light Industrial development pattern within the Mixed Use A Future Land Use category as described in Policy LU 1.7.9 of the Tallahassee-Leon County Comprehensive Plan (see Attachment #4).  The Light Industrial development pattern is intended to provide areas for industrial and warehousing activities, including storage, service commercial, office and assembly activities.  It is intended that regulations implementing this development pattern will preclude non-light industrial uses that would limit or interfere with industrial development.  It is also intended that community facilities (Recreation, Community Services, Post Secondary Schools, and Light and Heavy Infrastructure) may be allowed in a manner which would ensure the protection of the allowable uses within and adjacent to this development pattern.  Office use, and commercial use up to 10,000 square feet per parcel, is allowed. 

The location requirements for the Light Industrial development pattern in Policy 1.7.9 state that, “areas within Mixed Use that are currently developed with industrial uses may be appropriate for zoning as Light Industrial. 

New areas within Mixed Use that may be appropriate for zoning as Light Industrial include:  areas proximate to interstate and intrastate highways and highways which connect to cities in adjacent counties, and areas proximate to the Tallahassee Regional Airport or a railroad.”  The subject parcel currently does not abut any roadway, but the adjacent parcel to the north is under the same ownership as the subject property, and the northern parcel fronts Metzke Lane and Woodlane Circle.  Capital Circle intersects Woodlane Circle approximately ¼ mile to the east of the parcel to the immediate north of the subject parcel, and therefore the parcel arguably satisfies the location standards for new light industrial areas within Mixed Use.  Revising the request to rezone only the northern 50 feet of the parcel would likewise be consistent and not change this analysis.

            In addition, the rezoning to OS for the southernmost 50 feet of the parcel is consistent with both the historical intent and actual use of the parcel as a buffer area between the August Woods residential subdivision and the Lakewood Industrial Park (discussed further under paragraph 4).  The OS district is also consistent with the Low Density Residential Development Pattern within the Mixed Use A future land use category as described in Policy 1.7.1 of the Comprehensive Plan (see Attachment #4). 

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

Yes.  The proposed rezoning conforms to the land development requirements of the OS (Open Space) and M-1 (Light Industrial) zoning districts (see Attachment #3 for zoning charts).  The surrounding area to the north and due east are currently zoned Industrial and exhibit an industrial development pattern, which incorporates similar land uses as the requested M-1 zoning district, but with higher intensity.  Further, the land to the south is currently zoned Residential Preservation, and the OS district is appropriate as a buffer zoning district between the industrial land uses to the north and the residential neighborhood (Autumn Woods) to the south.  The OS District is intended to provide areas within the community for resource conservation and passive or active recreational facility needs of the community.  The OS District may be applied to publicly or privately owned lands where preservation of natural features is desired.

A minimum of 30 feet (using the highest density of vegetation) represents the appropriate buffer required by the Leon County Land Development Code between a light industrial use and a residential land use, and is being required by the Growth and Environmental Management Department in After-the-Fact permit LEM05-00126 for clearing done on the property (see paragraph 5 for further details on the permit, and Attachment #7 for the permit document). 

Staff believes that, given the historical and intended use of the parcel as part of a buffer area, the buffer zone should be increased from the minimum requirement of 30 feet to 50 feet, with similar vegetation, in order to assure an effective buffer for the Autumn Woods homeowners.

The following Table 1 compares the existing and proposed rezoning uses and Table 2 compares intensity.

Uses

Agriculture

Automotive service and repair, including car wash

Bottling plants

Broadcasting studios

Bait and Tackle Shops

Building contractors and related services

Cemeteries

Communications and utilities

Community facilities related to residential uses including religious facilities, police/fire stations, and elementary, middle, vocational and exceptional student education schools

Community services, including vocational schools and police/fire stations.  Libraries, elementary, middle or high schools are prohibited

Crematoriums

Distribution facilities

Dry cleaning plants

Food processing, excluding slaughter

Golf Courses

Gun firing ranges (indoor)

Heavy infrastructure (maintenance yards, motor pools, airports, land fills, sewage treatment plants, etc.)

Laboratories, research and development activities

Lawn and tree removal services

Manufacturing (consistent with the definition of light industrial)

Nature centers and related administrative and service facilities

Non-medical offices and services, including business and government offices and services

Off-street parking facilities

Open space, natural areas, conservation areas and wildlife management areas

3.   Changed Conditions.  Have the land use and development conditions changed since the effective date of the existing zoning district regulations involved, which are relevant to the properties.

            No, staff is not aware of any specific changes that would require the response of rezoning, nor does the application cite any.  The parcel owner, however, has cleared the property, placed gravel over the cleared area, and installed a chain link fence with barbed wire as discussed under paragraph 5.             

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

If the entire parcel is rezoned to M-1, a light industrial land use will be immediately adjacent to a residential preservation area, which would place potentially incompatible uses adjacent to each other.  If rezoned as recommended by staff, however, this incompatibility issue would be avoided, given the 50-foot buffer area zoned OS Open Space along the southern portion of the property bordering the neighborhood. 

The subject site is directly adjacent to the Autumn Woods subdivision, which is within the Residential Preservation (RP) future land use category and is zoned RP as well.  The northernmost 50-foot area of the residential lots in Autumn Woods is subject to a stormwater drainage easement to Leon County.  The subject parcel has a history of being utilized as a buffer area between Autumn Woods and the Lakewood Village Industrial Park to the north (see Table 3). 

The original recorded plat for Autumn Woods Phase 1, approved by the Leon County Commission on June 15, 1976 shows the area that includes the subject property as being within a “100 foot buffer area”  (see Attachment #5).  Further, the unrecorded plat for the Lakewood Village Industrial Park, dated September 9, 1972 also indicates that the subject property, as well as other properties within the industrial park adjoining the Autumn Woods neighborhood, is within a 100’ buffer area that appears to be the same area as that indicated on the Autumn Woods subdivision plat.  (The Lakewood Village Industrial Park plat is too large to reproduce, but will be kept available by staff).  Over time, the lot lines of some of the other parcels adjoining the buffer area have shifted toward Autumn Woods, effectively reducing the 100 ft. previously established in the original plats.  (See Attachment #1, current parcel dimensions and zoning maps and aerial photograph).

The zoning history for the parcel is illuminating as well.  At the time Autumn Woods and Lakewood were developed, the former was zoned R-2, the latter M-1 Limited Industrial and M-2 General Industrial, and the subject parcel was part of a strip 100 feet wide zoned A-2 Agricultural that ran between them. 

The old A-2 district states, “ … [T]he regulations in this district are intended to permit a variety of activities which may require non-urban locations and at the same time minimize possible blighting influences of intensive uses on adjoining properties”  (Attachment #6).  

The subject site is just one parcel in a series that form the buffer in question.  It is foreseeable that any policy decision made for this parcel could set a precedent for similar requests on the other buffer parcels, as well as other “historical” buffer areas throughout the community.  The parcel to the immediate east, in fact, is currently listed for sale by a realtor. 

The County Attorney’s office was consulted concerning the parcel’s title history and the possibility of vested rights on the subject or neighboring parcels, and concluded that there are no such vested interests that would affect the requested rezoning (Attachment #7). 

The decision to grant any rezoning must be made in the interest the health, safety, and general welfare of the community.  This standard allows wide discretion in the application of zoning designations.  In its decision regarding the subject rezoning, the Board may take into consideration the use most appropriate for the parcel as well as the parcel’s consistency with the uses of neighboring properties.  In addition, it may be appropriate to designate areas as buffer zones between properties that may have varied or inconsistent uses. 

If it is determined that maintaining the buffer zone in whole or in part is appropriate in this case, such designation could be preserved by retaining the current zoning category or rezoning the southern portion as Open Space and the northern part M-1.

Staff believes it is clear that the property is in an area that has been intended to be used, and has been used, as part of a buffer strip between the industrial zoned land to the north and the residential preservation zoning district to the south.  A 100-foot buffer, however, in addition to the existing 50’ drainage easement, is arguably excessive for a light industrial land use.  The buffer required by the Land Development Code for the proposed light industrial use on the area (if it is rezoned to M-1), is a Type D buffer of 30 feet because it is next to residential land uses.  While this minimum required 30 foot buffer could be effective in this situation if properly planted and augmented by an opaque, wooden fence of sufficient height, staff believes it would be more appropriate to extend the buffer to 50 feet, given the intended and historical use of the property, as part of a buffer strip, and the precedential nature of this decision. 

5.   Other Matters.  Are there any other matters, which the Commission may deem relevant and appropriate?

            Yes.  The subject property has been the subject of two Stop Work Orders (SWO) issued by the Leon County Department of Community Development.  The first was issued for clearing without a permit (dated August 27, 2005) and the second was just issued on November 14, 2005 when it was discovered that gravel was being placed on the parcel without a permit.  Recently a chain link fence with barbed wire has been installed by the property owner on the subject site.

            The Leon County Growth and Environmental Management Department has issued an After-the-Fact Environmental Management Permit (number LEM05-00126, Attachment # 8) for the establishment of a landscape buffer, removal of the placed gravel, and the stabilization of disturbed areas by way of seed/mulch or sod.  In the permit, gravel removal is conditioned on the outcome of this rezoning request as follows: 

1. If the property is rezoned:  Gravel would be allowed to remain, with the condition that the applicant demonstrates compliance with applicable stormwater treatment requirements of the LDRs within 60 days (from January 24, 2006).

2. If the property is not rezoned:  Gravel will have to be removed within 30 days (from January 24, 2006), and the area shall be stabilized by way of seed and mulch or by sod. 

If the rezoning is approved, the Planning Department recommends that any mitigation (planting) required for the previous vegetation clearing be located within the area recommended to be rezoned to the OS district and that an opaque wooden fence be included as part of the buffer.

Public Notification & Response:

The application is a Type D review and requires Board action.  This request has been noticed and advertised in accordance with the provisions of the Leon County Land Development Code.  The Planning Department mailed 66 notices to property owners within 500 feet of the subject property.  The Planning Department received two written responses and five phone calls in opposition to the proposed rezoning. 

The reason for opposition stated by the callers was that the proposed rezoning would not be consistent with the past use of this parcel as a buffer between the residential preservation future land use category and the industrial category, and development of the parcel would negatively affect the callers’ quality of life and property values.  In addition, the callers believe that the new zoning would be incompatible with the residential preservation district within which they live. 

The first written response gave no particulars as to the reason for opposition to the rezoning request, stating only, “I do not agree with the proposed development.”  The second written response stated, “That parcel … is located in a 100 ft. buffer zone and cannot be rezoned M-1 Light Industrial, legal action to ensue if need be.”  Copies of the written responses are included as Attachment # 9). 

In addition, a petition opposing the rezoning, signed by 61 Autumn Woods homeowners, was presented to the Planning Commission and staff on January 10, 2006 (Attachment #10). 

Options:

1. Conduct the first and only public hearing and deny the proposed Ordinance, retaining the existing R-3 (Single Family Detached, Attached Two Family Residential) District, based on the findings of fact and conclusions of law of the Tallahassee-Leon County Planning Commission. 
2. Conduct the first and only public hearing and revise the proposed Ordinance to amend the Official Zoning Map from the R-3 (Single Family Detached, Attached Two Family Residential) to the OS (Open Space) district for the southernmost 50 ft. of the parcel, and to the M-1 (Light Industrial) district for the remainder of the parcel.  (Staff recommendation).
3. Conduct the first and only public hearing and adopt the proposed Ordinance, amending the Official Zoning Map from the R-3 (Single Family Detached, Attached Two Family Residential) to the M-1 (Light Industrial) district for the entire parcel.
4. Board direction.

Recommendation:

Option # 1.

Attachments:

1. Proposed Ordinance.
2. General Location & Aerial Map
3. Section 10-1216, 10-1234 & 10-1231, R-3, OS and M-1 Zoning Charts, Leon County Land Development Code.
4. Land Use Policies 1.7.1 and 1.7.9, Low Density Residential and Light Industrial Development Patterns, Tallahassee-Leon County Comprehensive Plan, respectively
5. Autumn Woods Phase 1 Subdivision Recorded Plat
6. Past A-2 Agricultural Zoning District Chart
7. Inter-Office Memorandum from the County Attorney’s Office
8. Environment Management Permit LEM05-00126
9. Written public responses
10. Petition opposing rezoning submitted by Autumn Woods homeowners