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Item R5 �s R.5 r`, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Heather Carruthers,District 3 �1 `ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys` )-.���` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting September 16, 2020 Agenda Item Number: R.5 Agenda Item Summary #7259 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 1:30 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of County Commissioners adopting amendments to the Monroe County Land Development Code Section 130-164 to reduce the open space ratio for the Park & Refuge (PR) Land Use (Zoning) District; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for amendment to and incorporation in the Monroe County Land Development Code;providing for an effective date. ITEM BACKGROUND: Monroe County's current adopted Land Development Code requires a 90% open ratio for the Park and Refuge (PR) land use (zoning) district. This is similar to requirements of the Conservation (CD) zoning district and Preservation (P) zoning district; however, the Park and Refuge (PR) zoning district is intended for the provision of recreational facilities and not simply for passive recreation, landscape preservation, or conservation uses. The Comprehensive Plan and Land Development Code define open space as (in relation to open space ratio calculations) that portion of any parcel or area of land or water that is required to be maintained such that the area within its boundaries is open and unobstructed from the ground to the sky. (This definition is not intended to exclude vegetation). Open space ratio (OSR) means the percentage of the total gross area of a parcel that is open space. Amending the open space ratio within the Land Development Code will allow for additional and more accessible recreational facilities. The amendment is needed to meet the needs of constituent requests for walking paths, exercise trails, picnic pavilions, shade sails in playgrounds, handball courts,pickle ball courts, tennis courts,parent seating and shade at sporting fields, etc. Additionally, Americans with Disabilities Act (ADA) improvements are also necessary to ensure that newly constructed, redeveloped and altered recreation facilities meet the requirements of the ADA and are readily accessible to and usable by individuals with disabilities. These ADA improvements may include accessible routes and ramps, accessible parking spaces, van accessible parking spaces, loading zones, sidewalks, handrails, signage, accessible bathrooms, etc. These improvements require additional impervious surface and structures. Packet Pg. 3444 R.5 Following the impacts of Hurricane Irma and the subsequent rebuilding of park facilities, it has come to the attention of staff that the current open space ratio can limit the restoration of recreational facilities and the provision of additional and more accessible recreational facilities. An amendment is proposed to amend Section 130-164 to reduce the open space ratio for the Park and Refuge (PR) land use (zoning) district from 90%to 50%, as follows: Maximum Nonresidential Land Use Intensity and Minimum Open space Dana Use District and Use Maximum Floor Area Ratio Nlinintum Open Space Ratio'at C nservatian(CD) 0.05 0_ 0 "Mainland Native Area IN 0 03(d 0 95 iA Native Area(NA) Public B iild gs!Uses 0-2 0_95 Agri It re 0-2 0_95 Offshore Island(MIS) 0 0.95 f Park and Refuge(PR) 0_2 Preservation(P) 0 1.00 (a)Additional open space requirements may, apply Based Sri environmental protection criteria-see additional open space ratios in Chapter 118-1n accordance with section 101-2(1),the most restrictive of these ratios applies- The following zoning districts allow parks with the following open space ratio: Land Use District Development reTVieI N um Open Space Ratio CFSD 5 Minor conditional use '20% is Minor conditional use '0$. j As-of-right 1120% A( assive ark) 'Minor conditional use 951 PR f9,s-a -r' t 90 RVII Minor conditional use '0$. SC -Minor conditional use 210% SR As-of-right&Minor conditional!use 50° SR-L As-of-right 50% SS Minor co ditiornl use 0$a T7C finor conditional use 1-10% CAR � or conditional use0° L1R'��1 Nhnor conditional use '20% Cl or conditional use 20$a C2 Nfinor conditional use ILI0% The Facilities Department provided the approximate calculation of the open space ratio of the existing County parks within the PR zoning district: Packet Pg. 3445 R.5 TOTAL NON- ALAI Name Zoning, FLU XI SPACE OPEN OSR SPACE 4.7 Beinstein PR R 502,439 67,079 86.6 10.0 Willrelnvna Harvey Park- PR R 33.928 4,249 87.5°/ 14.9 Baypoint PR R 96.868 24.229 7.5. ° 29.9 Watson Field PR R 122,839 23,3€5 81.0% 30.4 Blue Heron PR R 83,200 11,000 86.8% 31.0 BPK park PR R 443,150 93,7€0 78.9% 40.0 ;veteran's park PR R 91.9 told Settlers'park PR R 93.2 Barry Har6s Park PR R 99.6 KL Conunw-iity Park. PR R 619,859 196,848 68. '% 1013 Friendship PR R 99.800 17.850 82.1% The proposed text amendment is necessary to be consistent with the proposed comprehensive plan amendment. Sections 163.3194 and 163.3201, F.S., require land development regulations to be consistent with and implement the Comprehensive Plan. PREVIOUS RELEVANT BOCC ACTION: On June 17, 2020, the BOCC approved Resolution 183-2020 transmitting a proposed Comprehensive Plan amendment to amend Policy 101.5.25 to reduce the open space ration for the Recreation (R) future land use category. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: 2019-132_Ordinance_LDC park open space 2019-132_BOCC Staff Report LDC_park open space ratio APA Parks-Improve-Public-Health FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Packet Pg. 3446 R.5 Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: n/a Additional Details: REVIEWED BY: Emily Schemper Completed 08/26/2020 12:30 PM Assistant County Administrator Christine Hurley Completed 08/26/2020 12:42 PM Peter Morris Completed 08/26/2020 1:35 PM Purchasing Completed 08/26/2020 1:44 PM Budget and Finance Completed 08/27/2020 4:05 PM Maria Slavik Completed 08/27/2020 4:13 PM Liz Yongue Completed 08/27/2020 4:18 PM Board of County Commissioners Pending 09/16/2020 9:00 AM Packet Pg. 3447 R 5.a rs f (ryt 4 5 MONROE COUNTY, FLORIDA _ 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 8 ORDINANCE NO. -2020 9 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 2 11 COMMISSIONERS AMENDING MONROE COUNTY LAND 12 DEVELOPMENT CODE SECTION 130-164 TO REDUCE THE OPEN SPACE 13 RATIO FOR THE PARK AND REFUGE (PR) LAND USE (ZONING) 14 DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 15 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 16 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 17 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND 18 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE. (FILE 19 2019-132) 20 cu 21 22 WHEREAS, pursuant to Article VIH of the Florida Constitution and Section 125.66, Florida 2i 23 Statutes, Monroe County possesses the constitutional police power(s) to enact ordinances in order to 24 protect the health, safety, and welfare of the County's residents; and 25 26 WHEREAS,the adopted Comprehensive Plan and Land Development Code require a 90%open 27 ratio for the Recreation (R) future land use category and the Park and Refuge (PR) land use (zoning) 28 district which are similar to requirements of the Conservation FLUM/Conservation (CD) zoning district 0 29 and Preservation FLUM/Preservation (P) zoning district; however, the Recreation FLUM/Park and 30 Refuge (PR) zoning district is intended for the provision of recreational facilities and not simply for 31 passive recreation, landscape,preservation, or conservation uses; and 32 33 WHEREAS, amending the open space ratio within the Comprehensive Plan and Land 34 Development Code ("LDC") will allow the County to meet the needs of constituent requests for 35 additional active recreational facilities and allow for American with Disabilities Act ("ADA") 36 improvements necessary to ensure that newly constructed, redeveloped and altered recreation facilities ®i 37 meet the requirements of the ADA and are readily accessible to and usable by individuals with 38 disabilities; and 39 cv 40 WHEREAS, on October 15, 2019, a community meeting was held, as required by LDC Section 41 102-159(b)(3), to discuss the proposed Comprehensive Plan and Land Development Code text 42 amendments, and to provide for public participation; and 43 44 WHEREAS, on October 29, 2019,the Monroe County Development Review Committee(DRC) 45 reviewed the proposed amendment; and 46 47 WHEREAS, at a regularly scheduled meeting held on January 29, 2020, the Monroe County Ordinance No. -2020 Page 1 of 4 File 2019-132 Packet Pg. 3448 R 5.a I Planning Commission held a public hearing for the purpose of considering the proposed amendment and 2 provided for public comment; and 3 4 WHEREAS, the Monroe County Planning Commission adopted Resolution No. PO4-20 5 recommending approval for the proposed amendment; and 6 7 WHEREAS, at a regularly scheduled meeting held on the 16th day of September, 2020, they 8 Monroe County Board of County Commissioners held a public hearing, considered the staff report, and 0 9 provided for public comment and public participation in accordance with the requirements of state law a, 10 and the procedures adopted for public participation in the planning process; and 11 06 12 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 13 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of a. 14 the citizens of the Florida Keys and to strengthen our local government capability to manage land use 0 15 and development; and 2 16 17 WHEREAS, based upon the documentation submitted and information provided in the 18 accompanying staff report, the Monroe County Board of County Commissioners makes the following 19 Findings of Fact and Conclusions of Law: 20 0 21 1. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe 22 County Year 2030 Comprehensive Plan; and 23 2. The proposed amendment is consistent with the Principles for Guiding Development for the 24 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 25 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; and 26 4. The proposed amendment is necessary due to the need for additional detail or 27 comprehensiveness, as required by Section 102-158 of the Monroe County Code. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 30 OF MONROE COUNTY, FLORIDA: 31 CJ 32 Section 1. The foregoing recitals are true and correct and are hereby incorporated as if fully set 33 forth herein. 34 35 Section 2. The text of the Monroe County Land Development Code is hereby amended as follows: 36 Proposed Amendment(deletions are ; additions are shown in underlined). 37 38 Sec. 130-164.-Maximum Nonresidential Land Use Intensities and District Open Space. 39 Maximum nonresidential land use intensities for those uses permitted by this chapter and minimum required `V 40 open space shall be in accordance with the following table: 41 Maximum Nonresidential Land Use Intensity and Minimum Open Space Land Use District and Use Maximum Floor Area Ratio Minimum Open Space Ratio (a) Park and Refuge (PR) 0.20 0.50 0-90- Ordinance No. -2020 Page 2 of 4 File 2019-132 Packet Pg. 3449 R 5.a (a)Additional open space requirements may apply based on environmental protection criteria-see additional open space ratios in Chapter 118.In accordance with section 101-2(1),the most restrictive of these ratios applies. 1 2 3 4 Section 3. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any 5 provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in or by any r- 6 administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of N a� 7 such provision, or any portion thereof, shall neither limit nor impair the operation, enforceability, or 8 validity of any other provision of this Ordinance, or any remaining portion(s) thereof. All other a 9 provisions of this Ordinance, and remaining portion(s) thereof, shall continue unimpaired in full force 10 and effect. 11 �, 12 Section 4.Repeal of Inconsistent Provisions. All ordinances or parts of ordinance(s) in conflict - 13 with this Ordinance are hereby repealed to the extent of such conflict. The repeal of an ordinance herein 14 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed 15 thereby. 16 y 17 Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning W 18 Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). c 19 20 Section 6. Filin2. This ordinance shall be filed in the Office of the Secretary of the State of 21 Florida but shall not become effective until a final order is issued according to F.S. 380.05(6) by the 22 Florida State Land Planning Agency or Administration Commission approving the ordinance, and if the 23 final order is challenged, until the challenge to the order is resolved pursuant to F.S. Chapter 120. 24 25 Section 7. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be W 26 included and incorporated in the Land Development Code of Monroe County, Florida, and shall be W 27 appropriately numbered to conform to the uniform numbering system of the Code. c 28 29 Section 8. Effective Date. This ordinance shall become as provided by law and stated above. 30 31 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, WI 32 at a regular meeting held on the 16th day of September, 2020. 33 34 Mayor Heather Carruthers 0 i 35 Mayor Pro Tem Michelle Coldiron C44 36 Commissioner Craig Cates 37 Commissioner David Rice 38 Commissioner Sylvia Murphy 39 40 41 BOARD OF COUNTY COMMISSIONERS 42 OF MONROE COUNTY, FLORIDA 43 44 BY: 45 MONROE Co- Y AT 0RN MAYOR HEATHER CARRUTHERS RRP 3- TO FORM Ordinance No. -2020 LATER NTY ATTORNEY� ASSISTANTASSISTANT�T COUNTY Page 3 of 4 File 2019-132 Date. 8/26/20 Packet Pg. 3450 R 5.a 1 2 (SEAL) 3 4 ATTEST: KEVIN MADOK, CLERK 5 _ 6 AS DEPUTY CLERK 7 0 N m 0 c c CJ c CJ cv r9 cv u Ordinance No. -2020 Page 4 of 4 File 2019-132 Packet Pg. 3451 R.5.b M'd f yl� 2 4 � 5 6 MEMORANDUM 7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 8 We strive to be caring,professional and fair 06 10 To: Monroe County Board of County Commissioners 11 12 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 0 13 14 From: Mayte Santamaria, Senior Planning Policy Advisor 15 16 Date: August 26, 2020 17 0 18 Subject: An ordinance by Monroe County Board of County Commissioners amending Monroe 19 County Land Development Code Section 130-164 to reduce the open space ratio for the 20 Park and Refuge (PR) land use (zoning) district. (File 2019 - 132) 2 21 22 Meeting: September 16, 2020 23 24 I. REQUEST N 25 26 The Monroe County Planning & Environmental Resources Department is proposing an amendment 27 to the Monroe County Land Development Code to amend Section 130-164 to reduce the open space 28 ratio for the Park and Refuge (PR) land use (zoning) district. u 29 30 II. BACKGROUND INFORMATION 31 32 The Comprehensive Plan and Land Development Code define open space as (in relation to open 33 space ratio calculations) that portion of any parcel or area of land or water that is required to be 34 maintained such that the area within its boundaries is open and unobstructed from the ground to the 35 sky. (This definition is not intended to exclude vegetation). Open space ratio (OSR) means the 36 percentage of the total gross area of a parcel that is open space. 37 38 Monroe County's current adopted Comprehensive Plan requires a 90% open ratio for the Recreation 39 (R) future land use category. The Land Development Code is consistent with the Comprehensive 40 Plan in requiring a 90% open ratio for the Park and Refuge (PR) land use (zoning) district. This is U) 41 similar to requirements of the Conservation FLUM/Conservation (CD) zoning district and 42 Preservation FLUM/Preservation (P) zoning district; however, the Recreation FLUM/Park and M 43 Refuge (PR)zoning district is intended for the provision of recreational facilities and not simply for 44 passive recreation, landscape preservation, or conservation uses. 45 46 Amending the open space ratio within both the Comprehensive Plan and the Land Development 47 Code will allow for additional and more accessible recreational facilities. The amendment is needed 48 to meet the needs of constituent requests for walking paths, exercise trails, picnic pavilions, shade BOCC SR Page 1 of 8 < File No. 2019-132 Packet Pg. 3452 R.5.b I sails in playgrounds, handball courts, pickle ball courts, tennis courts, parent seating and shade at 2 sporting fields, etc. 3 4 Additionally,Americans with Disabilities Act(ADA)improvements are also necessary to ensure that 0 5 newly constructed, redeveloped and altered recreation facilities meet the requirements of the ADA a 6 and are readily accessible to and usable by individuals with disabilities. These ADA improvements 7 may include accessible routes and ramps, accessible parking spaces, van accessible parking spaces, 8 loading zones, sidewalks, handrails, signage, accessible bathrooms, etc. These improvements require 9 additional impervious surface and structures. 10 0 11 Following the impacts of Hurricane Irma and the subsequent rebuilding of park facilities, it has come c 12 to the attention of staff that the current open space ratio can limit the restoration of recreational 13 facilities and the provision of additional and more accessible recreational facilities. 14 15 Further, the proposed amendment will allow for recreational opportunities, providing for additional r- 16 physical activities and social interaction, which promotes public health. This will help maintain the 17 Florida Department of Health Monroe County Community Health Assessment 20192022 (provides 18 comprehensive community health assessment identifying the county's strengths and challenges in 19 providing a healthy environment for all residents and workers) finding that: 2i 20 21 The availability of recreational facilities can influence individuals' and communities' 22 choices to engage in physical activity, with proximity to locations of recreational 23 opportunity being associated with higher physical activity levels and lower rates of 24 particular adverse health outcomes. Monroe County had 100% access to exercise T) 25 opportunities, which represents the percentage of the population with adequate access to 26 locations for physical activity. 27 28 53.7%Population living within '/-, mile ofa park 29 30 The following zoning districts allow parks with the following open space ratio: 31 Land Use District Development review Minimum Open Space Ratio CFSD 5 Minor conditional use 20% IS Minor conditional use 20% MU As-of-right 20% NA (passive ark) Minor conditional use 95% � PR As-of-right 90% RV Minor conditional use 20% Sc Minor conditional use 20% SR As-of-right&Minor conditional use 50% v) SR-L As-of-right 50% SS Minor conditional use 80% UC Minor conditional use 20% CO i N UR Minor conditional use 20% URM Minor conditional use 20% C1 Minor conditional use 20% N C2 Minor conditional use 20% 32 m E 33 The Facilities Department provided a calculation of the open space ratio of the existing County parks BOCC SR Page 2 of 8 < File No. 2019-132 Packet Pg. 3453 R.5.b I within the PR zoning district: 2 NON- TOTALMM Name Zoning FLUM OPEN OSR SPACE SPACE CD 4.7 Bernstein PR R 502,439 67,079 86.6% ,� 10.0 Wilhelmina Harvey Park PR R 33,928 4,249 87.5% 2 14.9 Baypoint PR R 96,868 24,229 75.0% 29.9 Watson Field PR R 122,839 23,305 81.0% 30.4 Blue Heron PR R 83,200 11,000 86.8% 0 31.0 BPK park PR R 443,150 93,700 78.9% 2 40.0 Veteran's park PR R 91.9 Old Settlers'park PR R 93.2 Harry Harris Park PR R 99.6 KL Community Park PR R 619,859 196,848 68.2% 101.3 Friendship PR R 99,800 17,850 82.1% 0 3 4 Community Meeting and Public Participation 5 In accordance with LDC Section 102-159(b)(3),a Community Meeting was held on October 15,2019 U 6 in Marathon to provide for public input. There was no public in attendance. 7 W 8 Development Review Committee and Public Input 9 The Development Review Committee considered the proposed amendment at a regular meeting on 10 October 29, 2019 and received public input. 11 c 12 Planning Commission and Public Input 13 The Planning Commission considered the proposed amendment at a regular meeting on January 29, 14 2020, provided for public input and recommended approval. 15 16 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS 17 c 18 The proposed text is shown as follows: additions are in Undeditied, deletions are 19 U� 20 21 Sec. 130-164.-Maximum Nonresidential Land Use Intensities and District Open Space. i 22 Maximum nonresidential land use intensities for those uses permitted by this chapter and minimum required 0 23 open space shall be in accordance with the following table: 24 Maximum Nonresidential Land Use Intensity and Minimum Open Space U) Land Use District and Use Maximum Floor Area Ratio Minimum Open Space Ratio cap Conservation (CD) 0.05 0.90 cai Mainland Native Area (MN) 0.03 (d) 0.95 (e) Native Area (NA) c� Public Buildings/Uses 0.20 0.95 m Agriculture 0.20 0.95 BOCC SR Page 3 of 8 < File No. 2019-132 Packet Pg. 3454 R.5.b Offshore Island(OS) 0 0.95 CD Park and Refuge (PR) 0.20 �� '�� E 0 Preservation (P) 0 1.00 a) CD (a)Additional open space requirements may apply based on environmental protection criteria-see additional open space ratios in Chapter 118.In accordance with section 101-2(l),the most restrictive of these ratios applies. 06 2 3 4 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE c 5 6 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102- 7 158(d)(7)(b): 8 9 1. Changed projections (e.g., regarding public service needs) from those on which the text or 10 boundary was based; 11 N/A 12 13 2. Changed assumptions (e.g., regarding demographic trends); 14 N/A 15 16 3. Data errors, including errors in mapping, vegetative types and natural features described in 17 volume 1 of the plan; .T 18 N/A 19 20 4. New issues; 21 N/A 22 23 5. Recognition of a need for additional detail or comprehensiveness; or 24 25 Amending the open space ratio within both the Comprehensive Plan and the Land Development 26 Code will allow the County to meet the needs of constituent requests for additional active 27 recreational facilities. Additionally, ADA improvements are also necessary to ensure that newly 28 constructed, redeveloped and altered recreation facilities meet the requirements of the Americans 29 with Disabilities Act(ADA)and are readily accessible to and usable by individuals with disabilities. 0� 30 31 The proposed text amendment is necessary to be consistent with the proposed comprehensive plan 32 amendments. Sections 163.3194 and 163.3201, F.S., require land development regulations to be 33 consistent with and implement the Comprehensive Plan. v) c, 34 6. Data updates; ca 35 N/A N� r9 36 37 In no event shall an amendment be approved which will result in an adverse community change 38 to the planning area in which the proposed development is located or to any area in accordance 39 with a Livable Communikeys Master Plan pursuant to findings of the Board of County 40 Commissioners. BOCC SR Page 4 of 8 < File No. 2019-132 Packet Pg. 3455 R.5.b 1 2 The proposed text amendment is not anticipated to result in an adverse community change. 3 4 5 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE a� 6 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. , 7 8 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 9 County 2030 Comprehensive Plan. Specifically,it furthers: 10 0 11 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the c 12 safety of County residents and visitors, and protect valuable natural resources. 13 14 GOAL 1201: Monroe County shall provide a recreation and open space system to conserve 15 valuable natural resources and to provide recreational opportunities adequate to serve the present r_ 16 and future population of Monroe County, including residents and visitors. 17 18 Policy 1201.1.1: Monroe County hereby adopts the following level of service standards to achieve 19 Objective 1201.1, and shall use these standards as the basis for determining recreation land and 2i 20 facility capacity: 21 Level of Service Standards for Neighborhood and Community Parks: 22 1. 1.5 acres per 1000 functional population of passive, resource-based neighborhood and 23 community parks; and 24 2. 1.5 acres per 1000 functional population of activity-based neighborhood and community .T 25 parks within each of the Upper Keys, Middle Keys, and Lower Keys subareas. 26 27 Policy 1201.1.2: Monroe County hereby adopts the following Recreational Guidelines as goals. M 28 They shall be used as advisory guidelines only, and shall not be used for concurrency purposes. 29 Goals for Recreational Facilities: 30 1. one (1)baseball/softball field for every 5,000 functional population; 31 2. one (1)tennis court for every 2,000 functional population; 32 3. one (1) equipped play area for every 10,000 functional population; 33 4. one (1)picnic area for every 6,000 functional population; 34 5. one (1)mile of recreational (sandy)beach shoreline for every 100,000 functional population; 35 6. one (1) football/rugby/soccer field for every 6,000 functional population; 36 7. one (1)basketball court for every 5,000 functional population; 0� 37 8. one (1)volleyball court for every 6,000 functional population; 38 9. one (1)racquetball/handball court for every 10,000 functional population; 39 10. one (1)nine hole golf facility for every 25,000 population and eighteen hole golf facility for M 40 every 50,000 functional population; v) c, 41 11. one (1) swimming pool for every 25,000 functional population; 42 12. one (1)boat ramp for every 5,000 functional population; aai 43 13. one (1) mile bicycling for every 5,000 functional population; 44 14. one (1) acre of camping area for every 6,750 functional population; 45 15. 800 linear feet of non-boat fishing for every 5,650 functional population; 46 16. one (1)physical exercise course for every 15,000 functional population; and 47 17. one (1) mile hiking/nature trails for every 6,750 functional population. 48 BOCC SR Page 5 of 8 < File No. 2019-132 Packet Pg. 3456 R.5.b I Objective 1201.3: Monroe County shall make available adequate and accessible active recreation 2 facilities at county-owned resource-based and community-based neighborhood and community 3 parks consistent with the adopted level of service standards and the Recreational Guidelines. 4 5 Policy 1201.3.2: Priority shall be given to developing active recreation facilities at neighborhood a) 6 and community parks which are not currently served with such facilities. 7 8 B. The amendment is consistent with the Principles for Guiding Development for the Florida 9 Keys Area, Section 380.0552(7), Florida Statutes. 10 0 11 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with c 12 the principles for guiding development and any amendments to the principles, the principles shall 13 be construed as a whole and no specific provision shall be construed or applied in isolation from 14 the other provisions. y 15 (a) Strengthening local government capabilities for managing land use and development so that local government is 16 able to achieve these objectives without continuing the area of critical state concern designation. 17 (b) Protecting shoreline and benthic resources,including mangroves,coral reef formations, seagrass beds,wetlands, c 18 fish and wildlife,and their habitat. 19 (c) Protecting upland resources,tropical biological communities,freshwater wetlands,native tropical vegetation(for a 20 example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife,and their habitat. i 21 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. 22 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 23 (f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment,and ensuring that W 24 development is compatible with the unique historic character of the Florida Keys. 25 (g) Protecting the historical heritage of the Florida Keys. 26 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public T) 27 investments,including: W 28 29 1. The Florida Keys Aqueduct and water supply facilities; 2 30 2. Sewage collection,treatment,and disposal facilities; 31 3. Solid waste treatment,collection,and disposal facilities; 32 4. Key West Naval Air Station and other military facilities; 33 5. Transportation facilities; 34 6. Federal parks,wildlife refuges,and marine sanctuaries; 35 7. State parks,recreation facilities,aquatic preserves,and other publicly owned properties; c 36 8. City electric service and the Florida Keys Electric Co-op; and 37 9. Other utilities,as appropriate. 38 t.1 39 (i) Protecting and improving water quality by providing for the construction,operation,maintenance,and replacement 40 of stormwater management facilities; central sewage collection; treatment and disposal facilities; and they 41 installation and proper operation and maintenance of onsite sewage treatment and disposal systems. 0 42 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater W 43 management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by 44 directing growth to areas served by central wastewater treatment facilities through permit allocation systems. 45 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. 46 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 47 (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade 0 48 disaster and for a postdisaster reconstruction plan. i 49 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida M 50 Keys as a unique Florida resource. 51 c, 52 Pursuant to Section 380.0552(7)Florida Statutes,the proposed amendment is not inconsistent with 53 the Principles for Guiding Development as a whole and is not inconsistent with any Principle. 54 BOCC SR Page 6 of 8 < File No. 2019-132 Packet Pg. 3457 R.5.b I C. The proposed amendment is consistent with the Part II of Chapter 163,Florida Statute(F.S.). 2 Specifically, the amendment furthers: 3 4 163.3161(4),F.S.—It is the intent of this act that local governments have the ability to preserve and 0 5 enhance present advantages; encourage the most appropriate use of land, water, and resources, a 6 consistent with the public interest; overcome present handicaps; and deal effectively with future 7 problems that may result from the use and development of land within their jurisdictions. 8 Through the process of comprehensive planning, it is intended that units of local government 9 can preserve, promote, protect, and improve the public health, safety, comfort, good order, 10 appearance, convenience, law enforcement and fire prevention, and general welfare; facilitate 0 11 the adequate and efficient provision of transportation, water, sewerage, schools, parks, c 12 recreational facilities, housing, and other requirements and services; and conserve, develop, 13 utilize, and protect natural resources within their jurisdictions. 14 15 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal r_ 16 status set out in this act and that no public or private development shall be permitted except in 17 conformity with comprehensive plans, or elements or portions thereof,prepared and adopted in 18 conformity with this act. 19 20 163.3177(1),F.S.—The comprehensive plan shall provide the principles, guidelines, standards, and 21 strategies for the orderly and balanced future economic, social, physical, environmental, and Z. 22 fiscal development of the area that reflects community commitments to implement the plan and 23 its elements. These principles and strategies shall guide future decisions in a consistent manner o 24 and shall contain programs and activities to ensure comprehensive plans are implemented. The T 25 sections of the comprehensive plan containing the principles and strategies, generally provided 26 as goals, objectives, and policies, shall describe how the local government's programs, 27 activities, and land development regulations will be initiated, modified, or continued to 28 implement the comprehensive plan in a consistent manner. It is not the intent of this part to 29 require the inclusion of implementing regulations in the comprehensive plan but rather to 30 require identification of those programs, activities, and land development regulations that will 31 be part of the strategy for implementing the comprehensive plan and the principles that describe 32 how the programs, activities, and land development regulations will be carried out. The plan 33 shall establish meaningful and predictable standards for the use and development of land and 34 provide meaningful guidelines for the content of more detailed land development and use 35 regulations. 36 �- 37 163.3177(6)(e), F.S. — In addition to the requirements of subsections (1)-(5), the comprehensive 38 plan shall include the following elements: A recreation and open space element indicating a 39 comprehensive system of public and private sites for recreation, including, but not limited to, 40 natural reservations, parks and playgrounds, parkways, beaches and public access to beaches, v) 41 open spaces, waterways, and other recreational facilities. 42 CO 43 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory 44 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall 45 be implemented, in part, by the adoption and enforcement of appropriate local regulations on 46 the development of lands and waters within an area. It is the intent of this act that the adoption 47 and enforcement by a governing body of regulations for the development of land or the adoption W 48 and enforcement by a governing body of a land development code for an area shall be based BOCC SR Page 7 of 8 < File No. 2019-132 Packet Pg. 3458 R.5.b I on, be related to, and be a means of implementation for an adopted comprehensive plan as 2 required by this act. 3 4 VI. PROCESS 5 m CD 6 Land Development Code Amendments may be proposed by the Board of County Commissioners 7 the Planning Commission,the Director of Planning,private application, or the owner or other person 2 06 8 having a contractual interest in property to be affected by a proposed amendment. The Director of le 9 Planning shall review and process applications as they are received and pass them onto the 10 Development Review Committee and the Planning Commission. 0 11 c 12 The Planning Commission shall hold at least one public hearing. The Planning Commission shall 13 review the application, the reports and recommendations of the Department of Planning & 14 Environmental Resources and the Development Review Committee and the testimony given at the 15 public hearing. The Planning Commission shall submit its recommendations and findings to the r- 16 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the 17 adoption of the proposed amendment, and considers the staff report, staff recommendation,Planning 18 Commission recommendation and the testimony given at the public hearing. The BOCC may adopt 19 the proposed amendment based on one or more of the factors established in LDC Section 102- 2i 20 158(d)(7). 21 22 VII. STAFF RECOMMENDATION 23 24 Staff recommends approval of the proposed amendment. T) 25 a' c 0 CJ 0 CJ CJ cv r9 cv U BOCC SR Page 8 of 8 < File No. 2019-132 Packet Pg. 3459 r � aP�t�w•, tt2z r1'� ` J •J.0 JJ{ } t00 t ){ p t6 t t s CITY i v PARKS • FORUM B "^ ... �.a r � 'N E r k 06 t M ` 0 4— Improve Public Health CD 0 • t�.}„j" t„ j" i, ,°ii a 't`` t ,$) !lI �If �tt�t j((`+t',v;�. �i�, �l t..7 � �{{e, !} People value the time they spend in city parks, } lltl,,� I 2 11` . i whether wallang a dog, playing basketball, or having a picnic.Along with these expected leisure amenities, � ,r parks can also provide measurable health benefits, from providing direct contact with nature and a cleaner environment,to opportunities for physical activity and social interaction.A telephone survey conducted for the American Public Health �� '��tt �+�� '�� i`�i i�� ���� i� }l� CL r Association found that 75 percent of adults believe r parks and recreation must play an important role in 2 addressingAmerica's obesity crisis. Y Because of the different was people experience arks, cities need to provide all types, from neighbor- 1 � t � } L 1� { ..Nt r P P YP g IL ,Y hood facilities to large natural areas. In fact, many of the health benefits described below can be best z '} 'II=111 ",}3}} }} f rj} '? r '� achieved through small-scale, readily accessible sites. Lt �} ���,SiF,tiS{{s,��# }� I�} 1 }1 A full reckoning of the benefits of parks will betterIzt } }.,�11�1 �}�,�j({''`` { } � } inform public policy about parks and provide a useful public health tool. The City Parks Forum is a program of -American Association funded by the Wallace Foundation and the Doris Dulke Charitable FoundationPacket P�. 3460 III I.11111111 I . I I I r 11 ? PARKS •. CITY) § BRIEFING PAPERS `,oft, ftAttt f ( iii j (Ia sr � f KEY POINT #I: KEY POINT #2: fe'= fl f,,,. ' l .6s;t',/r 'ri'.,� { {r,,a t ; �t•r_ l:f�,; ' ,,t,''(!'s r` t ,tt..f .fU.fsf4s;f,t, .r{i �(! .6# f,„f}St(fr,:::` n ...r#( .t sa f,.�e.r{ #. fU.. a ,rf_`�• 1t f,�fa..�, .f=€4, .f}fli( r.t ,":z.t SU,r"` Harvard University professor Edward O.Wilson, Ph.D., Overweight and obesity are epidemic problems across the argues in his book Biophilia that human beings have a genetic country,and related conditions such as diabetes are on theIN tendency to seek connections with other living things. In The rise. Scientists attribute these worrisome trends to two fac- 0) Diversity of Life he observes that the "favored living place of tors: more calories consumed,and fewer calories burned. A most peoples is a prominence near water from which park- primary focus of attention is providing environments where land can be viewed," and that "in the U.S.and Canada, more people can be physically active. Parks offer such an oppor 06 - people visit zoos and aquariums than attend all professional tunity athletic events combined." The findings of a study of park use by older adults in Health studies have shown that contact with nature with Cleveland, published in P&R magazine, include: plants,with animals,with pleasing landscapes,and with wilderness offers a range of medical benefits. These • Active park users were less likely to be overweight than include lower blood pressure and cholesterol levels, those who had longer park visits and either used the park enhanced survival after a heart attack, more rapid recovery for passive activities or did not use the park at all; from surgery,fewer minor medical complaints,and lower self-reported stress. In children with attention disorders and • Active park use was negatively related to visits to a physi- in teens with behavioral disorders,contact with nature has cian other than routine checkups;and resulted in significant improvement (Frumkin,2001). •The level of physical activity was the strongest predictor of In fact,recent research suggests that exercise is more benef- lower blood pressure. cia leading to enhanced tranquility,and more relief of anxi- ety and depression when it occurs in natural settings, like A study in the October 2000 issue of The Physician and parks, rather than along urban streets (Rodin and Hartig, Sportsmedicine found that physically active individuals had W 2003). The opportunity for so-called "green exercise" is an lower annual direct medical costs than did inactive people. important asset that city parks offer. The cost difference was $330 per person, based on 1987 dollars. If all inactive American adults became physically active,the potential savings could be $29.2 billion in 1987 dollars,or$76.6 billion in 2000 dollars. CL Certain features predict greater use for physical activity. These include accessibility, proximity,good lighting,toilets and drinking water,and well-designed and well-maintained paths, 0. as well as attractive scenery (Frumkin,2003). CL CL 2 of 4 1lmerican Plannii Packet Pg. 3461 c r ,l rr t r r r �� �If:{ f3�3r zrrr CITY PARKS FORUM BRIEFING PAPERS KEY POINT #3: KEY POINT #4: O..f,rf H s S, ,,(r:.�" r 3 Climate.The dark surfaces of rooftops, roadways,and Different kinds of parks may differ in the health benefits they parking lots in urban areas absorb the day's heat and radiate offer. A neighborhood park may function as a venue for it at night. As a result,cities cool less at night than surround- social interaction, physical activity,and nature contact. Larger IN ing suburban areas,and remain hotter during the days.This parks may offer these same benefits and some additional 0) urban heat island effect is a significant public health risk,as ones,such as cooling and cleaning of urban air,and protec- more people die in hot spells in summer than all other tion of source water. weather events in the U.S.combined. (Changnon, 1996).The 06 lack of shade and evapotranspiration from plants contributes It is critical that a parks system provide a variety of functions to the problem. According to the University of Washington's because different groups of people have different health Center for Urban Horticulture,a mature tree canopy needs. People from different age,ethnic,and socioeconomic "reduces air temperature by about five to ten degrees." groups may have different traditions in physical activity and attitudes towards natural settings. For people who are eco- Air. The trees in parks also help improve air quality by nomically disadvantaged,parks are an affordable means to removing pollutants from the atmosphere.Since urban healthy activities. neighborhoods have especially high concentrations of pollu- tants related to traffic, boilers,generators,and other sources, Play Across Boston,a project of the Harvard Prevention v, trees are especially important to filter the air. An Urban Research Center,concluded that in addition to organized Ecosystem Analysis conducted by American Forests revealed league sports,it was important to provide open recreation that in Atlanta,trees remove 19 million pounds of pollu- to provide opportunities for youth to try different sports tants each year, providing a service valued at$47 million. and for non-athletes to be active (Gortmaker,2002). Cleaner air offers important health benefits.Ozone threat- On the other end of the age spectrum,researchers at the ens the health of children,the elderly,and people with asth- Tokyo Medical and Dental University monitored the longevi- ma and other respiratory diseases. Particulate matter actually ty of more than 3,000 people born between 1903 and 1918 increases mortality in polluted cities,especially affecting peo- and living in Tokyo,one of the most densely populated cities '✓ ple with underlying heart and lung disease.Toxic air pollu- in the world.The results of the study, published in the Journal tants increase the risk of cancer. Therefore,trees offer a of Epidemiology and Community Health,showed that proximi- W wide range of health benefits by cleaning the air. ty to public parks and tree-lined streets appeared to have the greatest impact on the length of pensioners' lives,even — Water. New York City began purchasing land in upstate when taking into account factors known to affect longevity, CL New York more than 150 years ago,and now satisfies its such as gender, marital status,income,and age. vast need for clean water from three watersheds,the > Croton,Catskill,and Delaware,with a combined area of Ethnic groups also differ in their preferences. Race and eth- more than 2,000 square miles. This strategy protecting nicity have been associated with choice of parks and with source water has saved the city billions of dollars in water types of activities engaged in by park users (Hutchinson, cn treatment costs,according to a World Bank study,and has 1987; Dwyer and Gobster, 1997;Tinsley et al.,2002). These avoided countless cases of water-borne disease. differences may relate in part to park amenities;for example, CL Dwyer and Gobster(1997) found that African-Americans States and communities across the U.S.are purchasing open were more likely to use facility-based urban recreational CL space in the watersheds that feed the water resources that parks while whites were more likely to use wildland parks provide hundreds of millions of people their drinking water for such activities as camping and hiking. A study of each day. Public agencies in San Antonio have protected Chicago's Lincoln Park found that Asians, Latinos, blacks, thousands of acres of open space to ensure that the and whites all valued certain park attributes,such as the lake, Edwards Aquifer recharge zones are not developed. Failure ponds,and zoo. However,the natural environment was the to do so could have contaminated the drinking water for most frequently mentioned favorable attribute among < more than a million of the city's residents. Parks along urban waterways,such as Philadelphia's Wissahickon Park or Washington,D.C.'s Rock Creek Park, help keep water clean by absorbing and cleansing the polluted run-off from impervious surfaces before it reaches the water. These parks also reduce stream erosion by maintaining steady flow volumes through the slow release of absorbed run-off. 3 of 4 1lmerican Plannii Packet Pg. 3462 ��� CITY PARKS FORUM jii(1 5'rCl('il}Yl�j,$Vttit{I pp s,`z, €§ rBRIEFING PAPERS Asians, Latinos,and whites,while cultural facilities were most The 1994-1995 National Survey on Recreation and the favored among blacks (Lobster,2002). In this study,whites Environment compiled trends in outdoor activities across exhibited higher participation rates in active individual pur- age,sex, race, income,education,car ownership,and size of suits,such as biking,walking and jogging in the park,while residence.While some activities,such as walking and family black, Latino,and Asian park users exhibited higher participa- gathering, had high participation rates across most popula- tion rates in passive activities such as sitting and relaxing. tion segments,others did not. For instance, boating and golf Asians and Latinos participated more heavily in group social activity rates were clearly tied to income levels,while out- activities such as picnicking (Gobster,2002). Another study door team sports participation was linked to age.Equally comparing black and white park users,also found a stronger diverse were the barriers to participation identified by those preference among whites for such activities as swimming and who do not engage in active outdoor recreational activities. hiking (Floyd et al., 1999). Even as these type of national surveys are helpful,a local approach to identifying residents' needs is important to pro- viding the most effective opportunities for health-enhancing W park activities (Cordell, 1999). 06 4- References American Forests' Urban Ecosystem Analysis,www.americanforests.org/ Hutchinson,R. 1987."Ethnicity and urban recreation:Whites,Blacks and U down loads/rea/AF_AtlantaZpdf Hispanics in Chicago's public parks."Journal of Leisure Research, 19:205-222. American Public Health Association telephone survey,www.apha.org/ Payne,Laura,et al.October 1998."Local Parks and the Health of Older NPHW/pressroom/findings.pdf Adults,"Parks and Recreation. 0 Bodin,Maria,and Terry Hartig.April 2003."Does the Outdoor Environment Pratt,Michael,MD,MPH;et al.October 2000."Higher Direct Medical Costs W Matter for Psychological Restoration Gained through Running?"Psychology of Associated With Physical Inactivity"The Physician and Sportsmediane.Vol.28, Sport and Exercise,Vol.4,No.2. No. 10. Changnon,S.,et al.July 1996."Impacts and Responses to the 1995 Heat Running Pure.Inweb 18.worldbank.org/ESSD/envext.nsf/80BXDocName/ (,I Wave:a Call to Action,"Bulletin of the American Meteorological Society.Vol. ProtectedAreasProtectedAreasManagementRunningPure 77,No.7. W Takano,T,et al.December 2002."Urban residential environments and senior Center for Urban Horticulture,University of Washington, citizens' longevity in megacity areas:the importance of walkable green http://www.cfr.washington.edu/Research/fact sheets/29-UrbEconBen.pdf spaces,"Journal of Epidemiology and Community Health.56:913-918. W Cordell,H.Ken,et al. 1999."Outdoor Recreation Participation Trends,"U.S. Tinsley,H.E.,D.Tinsley,and C.E.Croskeys.2002."Park usage,social milieu, Forest Service,Southern Research Station. and psychosocial benefits of park use reported by older urban park users from four ethnic groups."Leisure Sciences,24:199-218. CIL Dwyer,f.F.,and P.H.Gobster. 1997."The implications of increased racial and ethnic diversity for recreation resource management,planning,and Wilson,Edward O. 1984.Biophilia.Cambridge:Harvard University Press. research." In Kuentzel,W.F.,ed.,Proceedings of the 1996 Northeastern 0. Recreation Research Symposium. General Technical Report NE-232.Radnor Wilson,Edward O. 1999.The Diversity of Life.NewYork:WW Norton& PA: USDA Forest Service,Northeastern Forest Experiment Station,pp 3-7. Company. y Floyd,M.F.,and K.J.Shinew. 1999."Convergence and divergence in leisure This briefing paper was co-authored by Howard Frumkin,MD,DrPH, style among whites and African Americans:Toward an interracial contact Professor and Chair of the Department of Environmental and Occupational CIL I hypothesis."Journal of Leisure Research,31:359-84. Health at the Rollins School of Public Health,Emory University,and Mary E. Eysenbach,Director ofThe City Parks Forum. CIL Frumkin,Howard,MD,MPH,DrPH.September 2003."Healthy Places: Exploring the Evidence,"American Journal of Public Heolth,Vol.93,No.9. City Parks Forum Briefing Papers Frumkin H.2001."Beyond toxicity:The greening of environmental health." This is one in a continuing series of briefing papers on how cities American Journal of Preventative Medicine,20:234-40. can use parks to address urban challenges.We hope the information here helps you to create great urban parks in your city. Gobster,P.H.2002."Managing urban parks for a racially and ethnically diverse clientele."Leisure Sciences,24:143-159. Please visit our website at www.planning.org/cpf to learn more about The City Parks Forum. Gortmaker,Steven,et al.December 2002."Play Across Boston:Summary Report,"Harvard Prevention Research CenterActive Facts Report#01-2002. �, �, Copyright©2003 by American Planning Association Hartig,Terry et al.June 2003."Tracking Restoration in Natural and Urban 122 S.Michigan Ave,Suite 1600,Chicago,IL 60603; Field Settings,"Journal of Environmental Psychology,Vol.23,No.2. www•planning.org. Photo copyright©Image Source Limitedllndex Stock Imagery. 4 OF 4 Packet Pg. 3463