First and Only Public Hearing 6:00pm Tonight at City Hall, 2nd Floor City Commission Chambers

Petition updateStop the Rezoning Request for Hudson Lakes PUD Tallahassee Fl, 32303First and Only Public Hearing 6:00pm Tonight at City Hall, 2nd Floor City Commission Chambers

larissa ShermanTallahassee, FL, United States

Mar 26, 2025

Your Attendance will make a difference!

Agenda Item Details
Meeting
Mar 26, 2025 - City Commission Meeting
Category
16. 6:00 P.M. PUBLIC HEARINGS
Subject
16.01 First and Only Public Hearing on Ordinance 25-Z-06; Amendment of the Official Zoning Map for 10.3 Acres Located Immediately South of Interstate 10, North of Portland Avenue, and Approximately 1,200 Feet West of Old Bainbridge Road to Change the Zoning Classification from the Single Family & Two-Family Residential (R-3) Zoning District to the Hudson Lakes Planned Unit Development (PUD) Zoning District -- Artie White, Planning
Type
Action, Public Hearing
Fiscal Impact
No
Recommended Action
Option 1: Adopt Ordinance 25-Z-06, thereby changing the zoning classification from the Single Family & Two-Family Residential (R-3) Zoning District to the Hudson Lakes Planned Unit Development (PUD) Zoning District, based on the findings and conditions of the Planning Commission, the information contained in this report, and any evidence presented at the hearing hereon.

For more information, please contact: Marcus Lloyd, Senior Planner, (850) 891-6400.

Statement of Issue

The application is for an amendment to the Official Zoning Map from the Single and Two-Family (R-3) zoning district to the Planned Unit Development (PUD) Zoning District. The PUD proposes a 255-unit multi-family residential development, including certified affordable housing and active recreational facilities that are open to the public. The proposed PUD is 10.3 acres and located immediately south of Interstate 10, north of Portland Avenue, and approximately 1,200 feet west of Old Bainbridge Road.

At its February 4, 2025 meeting, the Planning Commission voted unanimously (6-0) to find the application consistent with the Comprehensive Plan and to recommend approval to the City Commission.

The applicant is Tallahassee Portland LTD (Zachary Gottfried, Registered Agent), and Spectra Engineering & Research, Inc. is the agent. The proposed ordinance, including a location map, is included as Attachment #1.

This matter is a quasi-judicial proceeding. Any ex-parte communications must be disclosed in accordance with the procedure set out in City of Tallahassee Resolution No. 95-R-54. To access Ex Parte Disclosures related to this agenda item, if any, please visit the following web portal: https://clerkpav.talgov.com/exparte/qssearch/

For any assistance with accessing or requesting copies of Ex Parte records, please contact the City Treasurer-Clerk’s Office, Records Division at (850) 891-8130 during business hours.

Recommended Action

Option 1: Adopt Ordinance 25-Z-06, thereby changing the zoning classification from the Single Family & Two-Family Residential (R-3) Zoning District to the Hudson Lakes Planned Unit Development (PUD) Zoning District, based on the findings and conditions of the Planning Commission, the information contained in this report, and any evidence presented at the hearing hereon.

Fiscal Impact

Staff time required to process the rezoning and costs associated with local and state advertising requirements.

Supplemental Material/Issue Analysis

History/Facts & Issues

Original Zoning: Prior to adoption of the City of Tallahassee Zoning, Site Plan and Subdivision Regulations in 1992, the property was zoned A-2 Agriculture District. The district allowed for single-family, two-family, and mobile home residential uses along with riding stables, golf courses, churches and schools, nursing homes and the retail sale of agriculture products.

1992: The City of Tallahassee rezoned the subject property from A-2 to Residential Preservation-1 (RP-1), pursuant to the adoption of the revised Tallahassee-Leon County Comprehensive Plan in 1990, which placed the subject parcel in the Residential Preservation Future Land Use Map (FLUM) category.

September 21, 2004: The City of Tallahassee changed the FLUM designation of the subject property from Residential Preservation to Mixed-Use A (MU-A) pursuant to the adoption of Comprehensive Plan Amendment 2004-2-M-004.

January 26, 2005: The City of Tallahassee rezoned the subject property from RP-1 to R-3 consistent with the previously adopted Comprehensive Plan Amendment.

July 26, 2006: The City of Tallahassee amended the FLUM category for the subject property from MU-A to Urban Residential-2 during Comprehensive Plan reform.

October 14, 2024: The Development Review Committee (DRC) reviewed the proposed PUD and voted (5-0) to continue the item until January 13, 2025.

January 13, 2025: The Development Review Committee (DRC) reviewed the proposed PUD and voted (5-0) to approve the item with conditions.

February 4, 2025: The Planning Commission voted to find Ordinance 25-Z-06 consistent with the comprehensive plan and recommend the City Commission adopt it.

February 12, 2025: Ordinance No. 25-Z-06 for the Hudson Lakes PUD was introduced to the City Commission, setting the public hearing for March 26, 2025.

Summary of Application

The proposed Hudson Lakes PUD is a 10.3-acre development consisting of multi-family development with certified affordable housing, a public running/walking trail, and recreational areas that are also open to the public (see Attachment #2). Other uses, such as community facilities, single family attached and detached homes, and two-family residential units are also permitted within this PUD. The proposed PUD is located immediately south of Interstate 10, north of Portland Avenue, and approximately 1,200 feet west of Old Bainbridge Road. Access to the PUD will be provided via an improved easement adjacent to the west of the subject property that connects the PUD to Portland Avenue.

The residential portion of the Hudson Lakes PUD consists of 255 units, with at least 10% designated as affordable housing for families earning at or below 80% of the area median income. An 8-foot-wide trail encircles the subject site and will be open to the public. The trail will be constructed of a combination of hard and soft surfaces and will include wayfinding signs, lighting, and shade trees. Other public recreational areas proposed are two pickle ball courts and a tot lot. All public amenities and trails shall be built and maintained by the property owner in accordance with adopted maintenance plan(s).

Planning Commission Discussion/Recommendation

The Tallahassee-Leon County Planning Commission held a public hearing on this item on February 4th, 2025.

There were two speakers on the item, both in opposition to the project. The opposition speakers raised concerns related to negative impacts to traffic, safety, proximity to the school, flooding, and the area’s character. The agent for the project addressed questions from the planning commission related to stormwater impacts. The property owner expressed gratitude for an opportunity to work with the city and discussed his opinion on the need for affordable housing in Tallahassee.

The Planning Commission voted 6-0 to recommend approval and to find the proposed PUD amendment consistent with Sections 10-165(e) and (g) of the Tallahassee Land Development Code, which includes consistency with the Tallahassee-Leon County Comprehensive Plan, subject to the conditions listed below.

Planning Commission Conditions:

Planning Department:

1. Application shall be revised to include single family & two-family housing as allowable uses, utilizing development standards for same from the R-3 zoning district.

2. The “Appendices” shall be re-labeled as “VII. PUD Documents”. These revisions shall be made to the table of contents and to the cover pages of each document required in the submittal for new PUDs per LDC Sec. 10-165(d). Each separate document shall retain its identifying number.

3. All easement documents related to the PUD, including the access, sewer, and electric transmittal line easements shall be included in PUD Document #1.

4. The Public Facilities Map shall be included in PUD Document #9. This map shall include nearby schools, parks, and other facilities.

5. Section III.4.E.3 shall be revised to state “Signage shall be located on the access drive at or near the intersection of Portland Avenue, easily visible from Portland Avenue, to identify and indicate that the recreational facilities in the development are open to the public.” If this sign is separate from the one permitted development sign, a sign plan shall be required. The applicant is therefore encouraged to incorporate this message into the main sign.

6. In Section IV, new verbiage shall be added indicating that solid waste facilities will be placed at least 200 feet from residential property lines.

7. Section II. G., Paragraph 5, shall be revised to reflect the updated language regarding the location of solid waste facilities on the property.

8. PUD Document #8 shall be revised to add a note on the circulation plan and concept plan stating, “The access aisle/road shall not be gated or otherwise closed to the public.”

9. PUD Document #8 shall be revised to provide the location of signage to promote the public recreational facilities located on the property. These signs shall be visible from Portland Avenue and meet Land Development Code standards.

10. PUD Document #8 Circulation Plan and Section III G.4, shall be revised to include a note that states “All pedestrian trails shall be a minimum of 8 ft. width.”

11. The applicant shall coordinate with the Growth Management Department on creating a maintenance plan(s) for the trail and other public amenities. This maintenance plan shall be finalized during the site permitting process. The applicant shall be responsible for creating and implementing the plan(s).

12. PUD Document #8 shall be revised to include a note that states “All public amenities and trails shall be maintained by the property owner in accordance with the adopted maintenance plan(s).”

Growth Management:

13. The applicant shall include the completed concurrency affidavit within the PUD Document, and number it appropriately in Section VII. This will postpone the concurrency application until the time of site plan.

14. The applicant shall obtain final approval of project EIA (TEI240020). Minimize proposed grading and impacts near the two large live oak trees at the northeast corner of the site.

15. Section II(B)(1) of the report shall be revised specifically to state that the proposed development will comply with all applicable sections of TLDC chapter 5.

16. The applicant shall obtain final EIA approval and demonstrate code compliance through EIA review prior to site plan approval.

17. A floodplain analysis shall be provided for all the proposed work within the floodway or floodplain prior to site plan approval.

18. The resubmittal of Section II removed subsection D and subsection H. This section’s numbering shall be revised to reflect this removal.

19. Section II, previously subsection H, shall be revised to state the maximum height is 4 stories. Additionally, ‘stories’ is spelled incorrectly within this section.

20. The PUD mentions in several locations a 20’ Type D Buffer or a 15’-30’ Type D Buffer. The minimum width of a Type D buffer is 30’. A Type D buffer, with a minimum of 30’ and fence will be required along the southern property line adjacent to the single-family detached properties. A minimum 10’ Type B buffer will be required along the southern property line adjacent to the single family attached properties. The following sections shall be revised to reflect the correct requirements: Section II, subsection E (which should be revised to subsection D), Section II, subsection H (which should be revised to subsection F), and Section V. Additionally, if a buffer is planned along the eastern and western boundary, a buffer type that aligns with Sec. 10-177, TLDC shall be specified. All language within PUD shall be revised to reflect these minimum requirements.

21. Section II(H) outlines some site lighting standards. Site lighting standards shall meet Sec. 10-427, TLDC. Language shall be revised to reflect this code section’s requirements.

22. Revisions shall be made to remove density standards within Section III. 4. Building restrictions. Additionally include intensity standards within the same section as an additional column under building restrictions and state a standard for all non-residential uses listed. Maximum impervious area from the building restrictions section shall be revised, as no setbacks are applicable.

23. Language in Section III(d) shall be included that states that Sec. 10-429, TLDC will be followed for development of the property.

24. Section 10-249 reference within Section III(d) in the principal uses section shall be removed, as manufactured homes are not permitted within this PUD.

25. Under Section III. Permitted Uses and Development Standards, the permitted principal uses in the building restrictions table shall be revised to reflect the same uses type/name as the permitted uses listed under the “Principal Uses” section, as well as the plans within PUD Document #8, to ensure consistency and clarity.

26. Under Section III. Permitted Uses and Development Standards, the minimum building setbacks table appears to cut off text and shall be revised to ensure all text is legible.

27. PUD shall be revised to state uncovered parking areas will adhere to Vehicular Use Area buffer requirements within Section III(d).

28. Off street Parking and Loading standards appear to closely follow Land Development Code Standards. This language shall be revised to state that all parking requirements will follow the Tallahassee Land Development Code. If specific standards are preferred to be outlined in the PUD, the applicant shall work with staff to ensure what is outlined is consistent with code.

29. Section III 2 shall be revised to remove net impervious area.

30. “Noise and Lighting Standards” shall be revised to state “Site lighting shall follow Sec. 10-427, TLDC and solid waste facilities and other utility accessory locations shall follow Sec. 10-411, TLDC.”

31. Lettering in Section III shall be revised to reflect correct numbering of subsections.

32. PUD Document #3 shall be revised to state: A revised Land Use Compliance Certificate will be required for the proposed development.

33. Section II(H) and Section IV. shall state trash receptacle/dumpster shall be located a minimum of 100 feet from adjacent residential property lines. Sec. 10-411, TLDC requires a minimum distance of 200 ft. The PUD shall be revised to state 200 feet minimum is required.

34. Section III (E) states additional signage may be added within the access easement. Only one sign is permitted for the property per Chapter 7, TLDC. Revise to state signage will abide by Chapter 7 requirements. If signage is unable to meet Chapter 7 requirements, a sign plan included in the PUD that follows Sec. 10-165(g) is required for City Commission review.

35. PUD shall be revised to include statement that the access easement will be required to be built to City standards for access.

36. Concept plans in PUD Document #8 shall be revised to utilize the same labels, symbology, and footprints to ensure consistency. Currently yellow symbology is undefined and each plan in PUD Document #8 reflects a different layout.

37. PUD Document #8 shall be revised to show that interconnections will reach the property lines on all plans.

38. PUD Document #8 shall be revised to show that the retaining wall will be located outside of all required buffers and a note stating any required plantings will begin 3 feet from the proposed wall.

39. PUD Document #8, Conceptual Utility Plan, shall be revised to remove the walking path from the drainage easement.

Traffic Mobility:

40. PUD Section III F). shall be revised as follows: 1). to specifically state: Access to Hudson Lake PUD shall be accommodated to Portland Avenue through an existing 60’ wide access easement on City-owned property and shall be constructed and maintained by the developer.

41. PUD Document #8 Conceptual/Circulation Plan map shall be revised to indicate the meaning of the different colors.

Utilities:

Water Utility:

42. All construction shall be in accordance with the latest edition of the “City of Tallahassee Technical Specification for Water and Sewer Construction”. Estimated potable water flows and sanitary sewer flows shall be provided at site plan review.

43. Costs for any main extensions for potable water or sanitary sewer shall be the sole responsibility of the Developer.

Electric Utility:

44. Electric Utility shall require a barrier along the transmission line easement to keep construction equipment and materials off the area and to maintain the required clear zone from the transmission line conductors.

Gas Utility:

45. Natural gas will be available to this development, and gas design and layout shall be coordinated with the Gas Utility. The Developer shall review the gas loads and layout with the Gas Utility prior to construction.

School Board:

None.

Development Review Committee

The DRC voted unanimously to recommend conditional approval of the amendment at its January 13, 2025, meeting. At the meeting, several members of the public spoke in opposition to the proposed PUD based on potential negative impacts to quality of life, the environment, traffic safety and capacity, and flooding concerns. Development Review Committee staff reports are included as Attachment #3.

Public Notification & Response

The application requires City Commission action, which was noticed and advertised in accordance with the provisions of the Tallahassee Land Development Code (Attachment #4). The Planning Department mailed 648 notices to all owners and tenants within 1,000 feet of the site. Notices were also mailed to the following Homeowner/Neighborhood Associations: Astoria Park HOA, Charleston Square HOA, and the Summerlake HOA. The Planning Department has received four requests for copies of the PUD documents. Also, 5 letters and 8 emails of opposition have been received for the project, and several members of the public spoke in opposition at the DRC and Planning Commission meetings citing concerns, including but not limited to, environmental issues, traffic congestion, traffic safety, and flooding (see Attachment #5).

Facts and Issues

In accordance with Section 10-165 of the Tallahassee Land Development Code, the following eligibility requirements must be met in determining whether to approve the proposed planned unit development district:

(1) Minimum area – the proposed PUD is approximately 10.3 acres, the minimum area requirement for a PUD is 3 acres.

(2) Configuration – the parcels proposed to be rezoned have sufficient width and depth to accommodate the proposed uses.

(3) Unified control/ownership – All land included within the application is under unified ownership and control.

The following are the review criteria for evaluating the proposed planned unit development:

1. Is the proposed Planned Unit Development district consistent with the Comprehensive Plan?

The application is consistent with the Comprehensive Plan, after completion of the recommended conditions of approval (see recommendation section, below).

The proposed PUD is in the UR-2 FLUM category (Policy 2.2.24[L]), which allows a maximum residential density of 20 du/ac. The PUD also meets the requirements of Policy 2.1.14[L] that allows for a 25% density bonus beyond the FLUM limitation for affordable housing (see below). Therefore, the effective allowed residential density for the PUD is 25 du/ac. This is consistent with the proposed residential density of the PUD of 24.75 du/ac.

Properties within the UR-2 FLUM are required to be within the Urban Service Area (USA). As such, it is the intent of the UR-2 FLUM to promote infill development, reduce urban sprawl and maximize the efficiency of infrastructure. The proposed PUD meets these criteria by being located within a well-developed area with access to existing central water and sanitary sewer service.

The Hudson Lakes PUD will also utilize an established network of roadway infrastructure via a proposed improved easement to the west of the subject site on City-owned property. This improved easement would connect to Portland Avenue. Consistent with Comprehensive Plan Policy 1.4.1[M], the PUD also includes a future interconnection to the east that will provide direct connection for the PUD to Old Bainbridge Road, should the adjacent property redevelop.

The proposed PUD includes certified affordable housing (see below). Comprehensive Plan Policy 1.2.9[M] requires special consideration to be given to low-income families that are more dependent on other modes of transportation than the automobile. There are presently two bus stops within ¼ of a mile to the PUD access road along Portland Avenue, which serve different routes. The StarMetro routes that utilize these stops provide direct access to employment and educational opportunities along the North Monroe Street corridor, in the downtown, and on the FAMU campus.

The proposed access road will also include a sidewalk, consistent with Policy 1.4.1[M]. This sidewalk will enable school children residing in the Hudson Lakes PUD to safely walk to the nearby Astoria Park elementary school, as well as provide a pedestrian access for the neighbors living in Astoria Park, Charleston Square, and other nearby neighborhoods to access the recreational facilities in the Hudson Lakes PUD.

Affordable Housing

As stated above, the Hudson Lakes PUD meets the requirements for an affordable housing density bonus contained in Comprehensive Plan Policy 2.1.14[L]. This policy allows for a 25% greater density than otherwise provided in the applicable respective future land use category in exchange for the construction of affordable housing units. The density bonus is applicable to the Hudson Lakes PUD because it meets the following criteria specified in Policy 2.1.14[L]:

The Hudson Lakes PUD provides affordable housing units (see Affordable Housing Certification in Appendix 13 in the Concept Plan, Attachment #2).
The development is located within the urban services area, in a location where zoning allows density of greater than 2 dwelling units per acre and where infrastructure, utilities, and public services are adequate and sufficient to meet the projected demands associated with the requested additional density.
The design and orientation of the development seeking the density bonus is compatible with the surrounding land use character, particularly with any low-density residential neighborhoods.

Land Use Compatibility

The Hudson Lakes PUD is adjacent to I-10 Right-of-way to the north, city-owned open space to the west, a religious and school community service to the east, and medium and low density residential to the south. Consistent with Policies 2.1.1[l] and 2.1.14[L], to protect the adjacent low-density residential property from noise and light impacts, the PUD requires a Type “D” 30-foot minimum landscape buffer to the southeast abutting single family detached homes. This buffer also includes an 8-foot-high fence to act as a screening device. A 10-foot minimum Type “B” buffer is required abutting the single-family attached units to the south. Additional separation from abutting properties also exists to the south and SE, as required/existing easements will be undeveloped in addition to the width of the Type “D’ or Type “B” buffers. The PUD also requires that existing tall trees and shrubs within 20 feet of the buffer be preserved to the greatest extent possible. Any dumpster is required to be at least 200 feet from the property line, and any site lighting is required to be less than 20 feet tall and facing down, with no off-site spillage.

2. Is the proposed Planned Unit Development district consistent with all other ordinances adopted by the City, including but not limited to the applicable environmental and concurrency management ordinances?

The proposed Planned Unit Development amendment is required to be consistent with all other ordinances adopted by the City of Tallahassee, including but not limited to the applicable environmental and concurrency management ordinances. The Development Review Committee reviewed the proposed amendment and found it consistent with all other ordinances upon satisfaction of the recommended conditions of approval.

3. Does the Planned Unit Development district meet the purpose and intent of the planned unit development district, as set forth in Section 10-165(a), Tallahassee Land Development Code?

An application for a Planned Unit Development district is required to indicate how the proposed Planned Unit Development district meets the purpose and intent of the planned unit development district, as set forth in subsections (a)(1) through (7) of this section. The following is an itemized list of each intent criteria, the applicant’s response (lightly edited for clarity, if necessary), and the staff response:

a. Promote more efficient and economic use of land. The application states the following:

The Proposed Hudson Lakes PUD project and the site will be developed in a way that promotes efficient use of the land and maximizes the use and development potential of the land. The total site area is 10.3 acres. The project comprises five residential building components: parking, public recreational facilities, and circulation, designed in a compact and efficient manner. The site is developed such that it protects most of the existing environmental features.