Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental Resources

0 0 0 0 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Board of County Commissioners Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental Resources From: Cheryl Cioffari, AICP, Comprehensive Planning Manager Date: March, 0 Subject: An ordinance by the Monroe County Board of County Commissioners amending the Monroe County Land Development Code, Section 0-, Suburban Commercial (SC) District, to allow parks to be permitted as-of-right. (File 0-0) Meeting: April, 0 I. REQUEST On December, 0, the Planning and Environmental Resources Department received an application from the Public Works Department on behalf of the Monroe County Board of County Commissioners (BOCC) the Applicant, to amend the Monroe County Land Development Code to allow parks to be permitted as of right in the Suburban Commercial (SC) land use (zoning) district. II. BACKGROUND INFORMATION The Applicant states that the reason for the proposed amendment is there is an increased need for public parks in Monroe County. The current LDC for SC districts does not allow for parks as-ofright, requiring rezoning and/or restrictive conditions to allow the development of public parks. The proposed change will allow parks as an allowable use in SC districts as of right, making the planning design and development process more flexible, allowing the County to adapt to changing conditions, community needs and funds availability. The Applicant s full explanation and justification of the proposed amendments is included in the file for the application (File #0-0). Community Meeting and Public Participation In accordance with LDC Section 0-(b)(), a Community Meeting for the Comprehensive Plan and Land Development Code text amendments was held on November, 0 in Marathon and provided for public input. There were two members of the public in attendance who provided general BOCC SR 0.. Page of 0 File # 0-0

0 0 0 0 feedback on the item and asked whether the Parks Committee had reviewed the proposed text amendment. Development Review Committee and Public Input The Development Review Committee considered the proposed amendment at a regular meeting on January, 0 and received public input. Planning Commission and Public Input At a regular meeting held on February, 0, the Planning Commission (PC) recommended approval of the proposed text amendment through PC Resolution P0- and provided for public comment. Previous BOCC Action December 0 - BOCC approved purchase of Rowell's Marina. June 0 - BOCC approved 0 Transportation Alternative Program Funding Application. March 0 - BOCC approved execution of LAP agreement with FDOT for partial funding of the park. December 0- BOCC approval to negotiate with Littlejohn, an S&ME company, for design and permitting contracting services. May 0 - BOCC entered into a contract with S&ME for design and construction documents for development of Rowell's Waterfront Park. III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS Proposed Amendment (deletions are stricken through; additions are shown in underlined). ***** Sec. 0-. Suburban Commercial District (SC). (a) The following uses are permitted as of right in the Suburban Commercial district: () Commercial retail, office, restaurant uses, or any combination thereof, of low and medium intensity, and of less than,00 square feet of floor area; () Institutional residential uses, involving less than ten dwelling units or rooms; () Commercial apartments involving less than six dwelling units; () Commercial recreation uses limited to: a. Bowling alleys; b. Tennis and racquet ball courts; c. Miniature golf and driving ranges; d. Theaters; e. Health clubs; and f. Swimming pools; () Institutional uses; BOCC SR 0.. Page of 0 File # 0-0

0 0 0 0 () Parks; () Public buildings and uses; () Accessory uses; () Vacation rental use of nonconforming detached and attached dwelling units, if a special vacation rental permit is obtained under the regulations established in section -; (0) Collocations on existing antenna-supporting structures, pursuant to section -(c); (0) Attached wireless communications facilities, as accessory uses, pursuant to section - (d); () Replacement of an existing antenna-supporting structure pursuant to section -(b); () Stealth wireless communications facilities, as accessory uses, pursuant to section - (e); () Satellite earth stations, as accessory uses, pursuant to section -(f); () Attached and detached dwellings involving less than six units, designated as employee housing as provided for in section -; and () Wastewater nutrient reduction cluster systems that serve less than ten residences. (b) The following uses are permitted as minor conditional uses in the Suburban Commercial district, subject to the standards and procedures set forth in chapter 0, article III: ***** () Parks; and () Attached and detached dwellings involving six to units, designated as employee housing as provided for in section -; and. (0) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life parks and drive-in theaters, provided that: a. The parcel of land proposed for development does not exceed five acres; b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and c. All outside lighting is designed and located so that light does not shine directly on any established residential use.; ***** IV. ANALYSIS OF PROPOSED AMENDMENT Parks are currently permitted as-of-right in the Mixed Use (MU), Park and Refuge (PR) and Suburban Residential Limited (SR-L) zoning districts. In Suburban Residential (SR), parks without pools and/or tennis courts are permitted as-of-right and parks with swimming pools and/or tennis courts require a minor conditional use permit. The table below indicates how parks are permitted within each of the zoning districts: BOCC SR 0.. Page of 0 File # 0-0

0 Land Use District Airport (AD) Commercial (C) Commercial (C) Commercial Fishing Area (CFA) Commercial Fishing Special District (CFSD) Commercial Fishing Village (CFV) Conservation (CD) Destination Resort (DR) Improved Subdivision (IS) Improved Subdivision Duplex (IS-D) Industrial (I) Mainland Native Area (MN) Maritime Industries (MI) (h) Military Facilities (MF) Mixed Use (MU) Native Area (NA) Offshore Island (OS) Park and Refuge (PR) Preservation (P) Recreational Vehicle (RV) Sparsely Settled Residential (SS) Suburban Commercial (SC) Suburban Residential (SR) Suburban Residential (Limited) (SR-L) Urban Commercial (UC) Urban Residential (UR) Urban Residential--Mobile Home (URM): Urban Residential Mobile Home-Limited (URM-L) Parks permitted as CFSD : minor as of right (passive) as of right as of right (excluding tennis courts and swimming pools) (including community tennis courts and swimming pools) as of right major CUP LDC Section 0- defines a park as an active or passive recreational facility operated for the benefit of the general public by a public or quasi-public agency. Many times parks contain public buildings including community centers and restrooms. Uses that are permitted as of right within the SC zoning district include public buildings and uses, and commercial recreation uses (including tennis/racquet ball courts and swimming pools). Both of these permitted as of right uses function and exhibit similar characteristics to a publically owned park. Therefore, it is reasonable to require the same level of review, as-of-right, to permit the development of parks as it is to permit public buildings and commercial recreation uses. BOCC SR 0.. Page of 0 File # 0-0

0 The proposed amendment will not affect the current maximum land use intensity or residential density within the SC zoning district. V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE The proposed amendment is consistent with one or more of the required provisions of LDC Section 0- (d)()(b):. Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; Per the Applicant: 0. Changed assumptions (e.g., regarding demographic trends); N/A. Data errors, including errors in mapping, vegetative types and natural features described in volume of the plan; N/A. New issues; Per the Applicant: 0 LDC Section 0- defines a park as an active or passive recreational facility operated for the benefit of the general public by a public or quasi-public agency. Many times parks contain public buildings including community centers and restrooms. Uses that are permitted as of right within the SC zoning district include public buildings and uses, and commercial recreation uses (including tennis/racquet ball courts and swimming pools). Both of these permitted as of right uses function and exhibit similar characteristics to a publically owned park. The proposed amendment will not affect the existing land use intensity or residential density within the SC zoning district. BOCC SR 0.. Page of 0 File # 0-0

0 0 0 0. Recognition of a need for additional detail or comprehensiveness; or N/A. Data updates; N/A In no event shall an amendment be approved which will result in an adverse community change to the planning area in which the proposed development is located or to any area in accordance with a livable communikeys master plan pursuant to findings of the board of county commissioners. The proposed text amendment is not anticipated to result in an adverse community change. All development shall be required to comply with level of service, concurrency, the regulations set forth in the Land Development Code and the Florida Building Code. VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE PRINCIPLES FOR GUIDING DEVELOPMENT AND FLORIDA STATUTES A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County 00 Comprehensive Plan. Specifically, it furthers: Goal 0: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. Objective 0. Monroe County shall regulate future development and redevelopment to maintain and enhance the character of the community and protect natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. Policy 0.. The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide for the establishment of mixed use commercial land use (zoning) districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and conserve areas of mixed uses, which may include maritime industry, light industrial uses, commercial fishing, transient and permanent residential, institutional, public, and commercial retail uses. This future land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and nonresidential uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. The County shall continue to take a proactive role in encouraging the preservation and enhancement of community character and recreational and commercial working waterfronts. BOCC SR 0.. Page of 0 File # 0-0

0 0 0 0 In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category:. only low intensity commercial uses shall be allowed;. a maximum floor area ratio of 0.0 shall apply to nonresidential development; and. maximum net residential density shall be zero. Objective 0. Monroe County shall secure additional acreage for use and/or development of resource based and activity-based neighborhood and community parks consistent with the adopted level of service standards. Policy 0.. In selecting sites for future activity-based neighborhood and community parks, Monroe County shall give priority to sites which have been previously disturbed or scarified. The County shall avoid acquiring sites for activity-based parks which will result in potential disturbances to sensitive natural resources including but not limited to:. high quality undisturbed pineland and hammock vegetation;. documented habitat of species designated as rare or endangered by the state and federal governments;. undisturbed beach/berm; and. undisturbed mangrove, salt marsh, buttonwood and freshwater wetlands. When park sites are acquired which include sensitive natural resources, then the park plan (See Policy 0.. and 0..) and the park management plan (See Policy 0.. and 0..) shall designate such areas for passive recreation and shall avoid potential adverse impacts of park development and use upon those resources. Objective 0. Monroe County shall make available adequate and accessible active recreation facilities at county-owned resource-based and community-based neighborhood and community parks consistent with the adopted level of service standards and the Recreational Guidelines. Policy 0.. Monroe County shall continue to ensure access to publicly-owned recreation and open space areas and accessible facilities, including beach and shoreline areas, for all Monroe County residents and visitors. B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 0.0(), Florida Statutes. For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles for guiding development and any amendments to the principles, the principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. BOCC SR 0.. Page of 0 File # 0-0

0 0 0 0 (a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation. (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys. (g) Protecting the historical heritage of the Florida Keys. (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including:. The Florida Keys Aqueduct and water supply facilities;. Sewage collection, treatment, and disposal facilities;. Solid waste treatment, collection, and disposal facilities;. Key West Naval Air Station and other military facilities;. Transportation facilities;. Federal parks, wildlife refuges, and marine sanctuaries;. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;. City electric service and the Florida Keys Electric Co-op; and. Other utilities, as appropriate. (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems. (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss..00()(l) and 0.0(0), as applicable, and by directing growth to areas served by central wastewater treatment facilities through permit allocation systems. (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. (l) Making available adequate affordable housing for all sectors of the population of the Florida Keys. (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction plan. (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. BOCC SR 0.. Page of 0 File # 0-0

0 0 0 0 Pursuant to Section 0.0() Florida Statutes, the proposed amendment is not inconsistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle. C. The proposed amendment is consistent with the Part II of Chapter, Florida Statute (F.S.). Specifically, the amendment furthers:.(), F.S. It is the intent of this act that local governments have the ability to preserve and enhance present advantages; encourage the most appropriate use of land, water, and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of local government can preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and protect natural resources within their jurisdictions..(), F.S. It is the intent of this act that adopted comprehensive plans shall have the legal status set out in this act and that no public or private development shall be permitted except in conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with this act..(), F.S. The comprehensive plan shall provide the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan and its elements. These principles and strategies shall guide future decisions in a consistent manner and shall contain programs and activities to ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local government s programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing regulations in the comprehensive plan but rather to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations..0, F.S. Relationship of comprehensive plan to exercise of land development regulatory authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on the development of lands and waters within an area. It is the intent of this act that the adoption and enforcement by a governing body of regulations for the development of land or the adoption and enforcement by a governing body of a land development code for BOCC SR 0.. Page of 0 File # 0-0

0 0 0 an area shall be based on, be related to, and be a means of implementation for an adopted comprehensive plan as required by this act. VII. PROCESS Land Development Code Amendments may be proposed by the Board of County Commissioners, the Planning Commission, the Director of Planning, private application, or the owner or other person having a contractual interest in property to be affected by a proposed amendment. The Director of Planning shall review and process applications as they are received and pass them onto the Development Review Committee and the Planning Commission. The Planning Commission shall hold at least one public hearing. The Planning Commission shall review the application, the reports and recommendations of the Department of Planning & Environmental Resources and the Development Review Committee and the testimony given at the public hearing. The Planning Commission shall submit its recommendations and findings to the Board of County Commissioners (BOCC). Pursuant to Florida Statute.()(b), in cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, the board of county commissioners shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after p.m. on a weekday, unless the board of county commissioners, by a majority plus one vote, elects to conduct that hearing at another time of day. The second public hearing shall be held at least 0 days after the first hearing. The BOCC holds the public hearings to consider the adoption of the proposed amendment, and considers the staff report, staff recommendation, Planning Commission recommendation and the testimony given at the public hearings. The BOCC may adopt the proposed amendment based on one or more of the factors established in LDC Section 0-(d)() at the second public hearing. VIII. STAFF RECOMMENDATION Staff recommends approval of the proposed amendment following a second public hearing before the BOCC, as required by Florida Statute.()(b). IX. EXHIBITS. Ordinance BOCC SR 0.. Page 0 of 0 File # 0-0