View Agenda '19'

Leon County
Board of County Commissioners
Agenda Item#19

July 9, 2024

To:	Honorable Chairman and Members of the Board

From:	Vincent S. Long, County Administrator

Title:	Status Report on the Miccosukee Canopy Road Greenway and Designated Canopy Road Protections

Review and Approval:	Vincent S. Long, County Administrator
Department/Division Review and Approval:	Ken Morris, Assistant County Administrator Ben Pingree, Assistant County Administrator
Lead Staff/ Project Team:	Artie White, Director, Planning, Land Management & Community Enhancement (PLACE) Brent Pell, Director, Public Works Maggie Theriot, Director, Office of Resource Stewardship Charles Wu, Director, Engineering Services, Public Works Michael Alfano, Special rojects, Planning Department

Statement of Issue:

This item seeks Board acceptance of a status report on the Miccosukee Canopy Road Greenway and designated canopy road. This item provides information on the existing access easements that cross the greenway, protections in place for both the greenway and designated canopy road, roadway design and pedestrian safety for proposed roadways that intersect the greenway and canopy road, and information on creating a new Miccosukee Greenway Canopy Road Protection Corridor.

Fiscal Impact:

This item has no fiscal impact.

Staff Recommendation:

Option #1: Accept the status report on the Miccosukee Canopy Road Greenway and Designated Canopy Road Protections.

Report and Discussion

Background:

At the May 14, 2024 meeting, the Board requested an item to analyze existing roadway design standards and canopy protections along the Miccosukee Canopy Road Greenway (Greenway), including for any future Greenway road crossings at easement locations, and information on creating a Miccosukee Greenway Canopy Road Protection Corridor. This item provides information on the existing access easements that cross the Greenway, the protections already in place for both the Greenway and designated canopy road, roadway design and pedestrian safety for proposed roadways that intersect the Greenway and canopy road, and an analysis on creating a Miccosukee Greenway Canopy Road Protection Corridor with additional regulations beyond the existing protections.

Background on the Designation of Miccosukee Road as a Canopy Road

Leon County has a long history of protecting canopy roads. This history includes creating the Canopy Road designation, expanding the number of corridors designated as canopy roads, adopting canopy road policies into the Comprehensive Plan, creating and increasing protections for designated canopy roads in the Leon County Land Development Code, developing and updating the Canopy Roads Management Plan, engaging the community on canopy road matters, and creating a Citizens Advisory Committee specific to designated canopy roads.

Canopy road designations within Leon County were first established in 1972. Leon County Ordinance 72-114 designated five roads as canopy roads on the Comprehensive Land Use Map of Leon County. The canopy roads consisted of certain sections of the following roadways: Centerville Road; Meridian Road; Miccosukee Road; Old Bainbridge Road; and Old St. Augustine Road. Later modifications and expansions to canopy road protections, include:

In 1975, Ordinance 75-3 established Canopy Roads Tree Protection Zones. These zones consisted of all lands within 35 feet of the centerline of the designated canopy roads. No trees within these zones could be removed and no improvements could be carried out within these zones without the express approval of the Board of County Commissioners, with the exception of routine maintenance of existing roadways and drainage facilities.
Also in 1975, Ordinance 75-12 established setback and height restrictions along canopy roads.
In 1982, Ordinance 82-46 expanded the Canopy Road Protection Zone from 35 feet to 50 feet from the centerline of the road.
In 1992, Ordinance 92-3 established understory protection measures in Canopy Protection Zones and prohibited all development within 100 feet of the centerline of the canopy road without local government approval.
Also in 1992, Ordinance 92-10 imposed tree removal application requirements and mitigation requirements, and also established a Canopy Road Overlay District, consisting of all lands within 100 feet of the centerline of the canopy road.
In 2005, two additional roads were designated as canopy roads: Old Centerville Road and Sunny Hill Road.
In 2007, Pisgah Church Road was designated as a canopy road.

Background on the Establishment of the Miccosukee Canopy Road Greenway

The Greenway is owned by the Board of Trustees of the Internal Improvement Trust Fund (TIITF) and managed by Leon County. The Greenway was acquired on May 6, 1998, utilizing Preservation funds through the Florida Department of Environmental Protection (FDEP), Division of Recreation and Parks, Office of Greenways and Trails Land Acquisition Program. The property was purchased from the Trust for Public Land who acquired the property from Powerhouse, Inc., just prior to selling the property to the TIITF.

On February 24, 2000, a lease was executed between the TIITF to the Florida Department of Environmental Protection (FDEP), Office of Greenways and Trails and then subleased to Leon County, the designated greenway manager. Viewing FDEP as an intermediary whose role was no longer necessary, however, on November 19, 2015, FDEP and TIITF signed a Cancellation of Lease and Assignment of Sublease, expressing their desire that the Sublease should serve as the direct lease between TIITF and the County. FDEP administers the lease on behalf of TIITF.

To guide the protection, enhancement, maintenance, and education of public uses for the Greenway, the Miccosukee Canopy Road Greenway Management Plan was adopted by Leon County in 2002. The plan was subsequently updated in 2013 and is currently in the process of being updated again. This management plan details the County’s responsibilities and is updated every 10 years pursuant to Section 253.034(5)(b), Florida Statutes.

Importantly, four access easements were recorded prior to the creation of the Greenway and are acknowledged in the Miccosukee Canopy Road Greenway Management Plan. These access easements are located at Dempsey Mayo Road, Edenfield Road, Arendell Way, and for the Shamrock South Extension. Both the designated canopy road and the Greenway have specific protections in place to ensure these easements continue to serve as important resources for the citizens of the State of Florida, of Leon County, and of the prior landowner. The access easements and protections in place for the canopy road and Greenway are discussed in greater detail in the following Analysis section.

Analysis:

As requested by the Board at the May 14, 2024 meeting, the following analysis addresses existing access easements and protections in place for the Greenway, protections in place for the canopy road, roadway design and pedestrian safety, and considerations of a new Miccosukee Greenway Canopy Road Protection Corridor Overlay district.

Existing Access Easements on the Miccosukee Greenway

As noted in the Background section, there are four existing access easements that cross the Miccosukee Canopy Road Greenway (Greenway). These access easements provide for crossings at:

Dempsey Mayo Road
Edenfield Road
Arendell Way
Shamrock South Extension

These easements predate the creation of the Greenway. Prior to the creation of the Greenway, the owner of the land that would become the Greenway reserved the four access points to Miccosukee Road for the benefit of their remaining property interests. The easements are recorded in the property deed, reflected in the Miccosukee Canopy Road Management Plan (discussed in more detail below), and reflected in the Tallahassee-Leon County Comprehensive Plan. These easements reserve right of way for up to four roadways to serve future development that has been planned for decades. The section below provides a status update on the four roadway crossings.

Current Status of the Access Easements and Roadway Crossings

The City of Tallahassee previously contemplated an extension of Thornton Road. For this extension to be feasible, the City would need a new easement across State lands (i.e., the Miccosukee Canopy Road Greenway) or would need to exchange land with the State. The City coordinated with the FDEP and previously requested to exchange the vested easement across the Greenway at Arendell Way for a new easement at Thornton Road for the purpose of extending Thornton Road. However, FDEP has informed the City that they are not going to take the City’s request to TIITF (comprised of the Governor and Cabinet) for approval, which is a required procedural step for any Thornton Road Extension to occur. At present, the City has no plans to pursue this matter further. As such, the easement remains across the Greenway at Arendell Way.

Of the four existing access easements, Dempsey Mayo Road is currently the only active transportation project that would create a new connection across the Greenway. The project is intended to extend Dempsey Mayo Road from Miccosukee Road to Centerville Road, intersecting with Welaunee Boulevard along this connection. The following points provide additional information about this Dempsey Mayo Extension Project:

Greenway Property – The property on the north side of Miccosukee Road is owned by the TIITF. Leon County has an agreement with TIITF (administered by FDEP) to manage the Greenway. The portion of property to contain the road extension is contained within an easement owned by Ox Bottom Mortgage Holdings, LLC (Ox Bottom Holdings). Portions of the greenway are inside the City limits. However, the area of the road extension is outside City limits and in unincorporated Leon County.
Funding – The Dempsey Mayo Road extension from Miccosukee Road into the Canopy development and the roundabout intersections improvements are funded by Ox Bottom Holdings.
Design – The County is responsible for permitting the roundabout and Dempsey Mayo Road extension from Miccosukee Road to the City limit. The Dempsey Mayo Road extension and Miccosukee Road/Dempsey Mayo roundabout design was completed by a consultant employed by Ox Bottom Holdings (Greenman‐Pedersen, Inc.) to meet Florida Department of Transportation (FDOT) design standards. As detailed below, the design has been enhanced beyond minimum standards as a result of stakeholder input. The design of the Dempsey Mayo Road extension completed by the consultant has been submitted to the County for review, but permits have not been issued because Ox Bottom Holdings needs to acquire additional right of way. County Development Support Environmental Management (DSEM) and Public Works (PW) staff have been reviewing the submitted design for both the linear segment and the roundabout following the FDOT standards, Leon County codes, and stakeholders’ input.
Permitting – The City approved the construction plans for Canopy Unit 5 including the Dempsey Mayo Road extension on April 2, 2020. The environmental permit application for the roundabout was submitted to the County on May 8, 2020. In August 2022, the City staff notified the County that the City will not be responsible for the maintenance and permitting of the extension because it is outside the City limit. As a result, the Ox Bottom Holdings submitted the Dempsey Mayo Road extension construction plan to the County for review as part of the environmental permit and road connection permit application on January 11, 2023. DSEM and PW staff reviewed the proposed design and provided comments back to the designer. The latest plans to address the permit review comments were submitted on February 22, 2024 and the permit is ready to be issued pending the additional right of way acquisition by Ox Bottom Mortgage Holdings. Permitting is expected to be completed when additional right of way is acquired for the Dempsey Mayo Road/Miccosukee Road intersection improvements and declaration of the road easement for the Dempsey Mayo Road extension is completed by Ox Bottom Holdings.
Construction – The current schedule is to start roundabout construction in summer 2025 to reduce road closure impact to school traffic. Separately, the construction of the Dempsey Mayo Road extension to the north of Miccosukee Road may begin upon permit approval because there will be no road closure required.
Maintenance – Upon completion of the Road extension and roadway easement dedication to the County, the County staff will inspect the project to ensure quality and maintainability before accepting the new improvements for maintenance. Going forward, the extension and roundabout will be maintained by Leon County Public Works.

Functional Classification of Dempsey Mayo Road as a Collector

The existing Dempsey Mayo Road from Miccosukee Road to Mahan Drive is functionally classified as an Urban Major Collector Road by the U.S. Department of Transportation Federal Highway Administration (FHWA). FHWA classifies roadways as locals, collectors, arterials, and interstates using a system called Functional Classification. A roadway’s functional classification is based on the type of service the road provides. Design standards are tied to functional classification. Consistent with FHWA, FDOT, the Comprehensive Plan, and the Canopy Concept Planned Unit Development, the Dempsey Mayo extension is also designed as an Urban Major Collector Road.

According to FHWA, “Collectors are major and minor roads that connect local roads and streets with arterials. Collectors provide less mobility than arterials at lower speeds and for shorter distances. They balance mobility with land access”. This classification is also used by the FDOT and is reflected in the Mobility Element of the Tallahassee-Leon County Comprehensive Plan. Dempsey Mayo Road connects roads that are designed for greater traffic capacity and speeds, with Miccosukee Road, Centerville Road, and Mahan Drive designated as Urban Minor Arterial Roads. Designed for more advanced traffic capacity, Welaunee Boulevard is classified as a Principal Arterial.

The Design and Safety of Dempsey Mayo Road

As the Dempsey Mayo Road Extension design progressed, County staff coordinated with a multitude of stakeholders to gain input and facilitate changes to the design and safety standards of both the road extension and roundabout. An ad hoc focus group was formed in 2018 with recurring meetings until June 2021. The focus group included trail users, representatives from the adjacent retirement community, school, utility services providers, the developer of Canopy and the roadway, the roadway engineer, and City staff. As a result of feedback, the developer agreed to several enhancements beyond the minimum design standards improving safety and pedestrian crossings. The following is a summary of input from the focus group:

Safety – The design of the Dempsey Mayo Road extension and roundabout meets and exceeds the FDOT standards and specifications. The extended Dempsey Mayo Road includes two 11-foot lanes, curb and gutter, a 12-foot multi-use trail along the east side of the road, 6.5-foot buffer between the curb and multi-use trail, a 5-foot sidewalk along the west side of the road from the proposed trail crossing to the north, 6.5-foot buffer between the curb and the sidewalk, raised trail crossing, user activated flashers at the trail crossing, signage, and stormwater conveyance system. Attachment #1 provides illustrative renderings of the trail crossing. Leon County follows the Florida Greenbook, FDOT Design Manual, and Standard Plans in development of Roadway Design and permitting. The proposed multi-use path exceeds minimum standards at 12-foot wide (compared to min 5-ft) with an average separation of 6.5 feet (compared to min 2-ft) from the back of the curb. In addition to the pavement marking and signage for the trail crossing, two trail user activated flashers will be installed to provide advanced warning of the trail crossing activities. The same flashers have been installed at two trail crossings on Miccosukee Road east of Miles Johnson Road. The trail crossing on extended Dempsey Mayo Road is also proposed to be raised to enhance visibility and calm traffic. In November 2023, three pedestrian crosswalks were raised on the existing Dempsey Road between Emerald Chase and the W.T. Moore Elementary School. The speeds on Dempsey Mayo Road have had approximately 23% reduction while compared to the speeds before the raised crosswalks. The Dempsey Mayo crosswalk design is consistent with the two existing pedestrian crossings within the Greenway on Miccosukee Road located where the trail crosses Miccosukee Road approximately 500 feet east of Walaka Trail and where the trail crosses Miccosukee Road approximately 650 feet east of Miles Johnson Road.

Pedestrian Bridge or Underpass – Greenway users have expressed interest in a pedestrian bridge or underpass to further enhance user safety. However, these features will not be incorporated. Unique to the Greenway, horse traffic cannot be reasonably accommodated on bridge or tunnel access. More broadly, a pedestrian bridge or underpass is often an ineffective countermeasure. According to the FDOT How to Develop a Pedestrian Safety Action Plan, pedestrian bridges and underpasses often get little use because of inconvenience or security concerns. Underpasses are prone to security concerns due to low visibility and stormwater drainage issues. The design of an overpass requires long accessible ramps of which many pedestrians will not walk this extra distance, opting instead to cross the road at-grade. Additionally, a bridge or underpass will require excessive tree removal and earthwork resulting in significant environmental impacts and further alter the vista of the Greenway.

Roundabout Safety – At the May 14, 2024 meeting, the Board requested information on roundabouts be included in this item. According to FHWA, implementing a roundabout instead of a signalized intersection would result in approximately 78% reduction in fatal and injury crashes. According to the FDOT, roundabouts result in 90% fewer fatalities, 75% fewer injuries, and 10 to 40% fewer pedestrian/bicycle crashes and result in other benefits, such as the intersection still operates in power outages.

The increased safety from roundabouts is primarily the results of the following factors: 1) roundabouts have fewer conflict points in comparison to conventional intersections (i.e., the potential for hazardous conflicts, such as right angle and left turn head-on crashes is eliminated with roundabout use); 2) low absolute speeds associated with roundabouts allow drivers more time to react to potential conflicts; 3) since most road users travel at similar speeds through roundabouts, crash severity can be reduced compared to some traditionally controlled intersections; and 4) pedestrians need only cross one direction of traffic at a time at each approach as they traverse roundabouts.

Current Protections for Designated Canopy Roads

In Leon County, canopy roads are protected through policies in the Tallahassee-Leon County Comprehensive Plan and regulations in the Leon County Land Development Code and City of Tallahassee Land Development Code. The Conservation Element of the Comprehensive Plan establishes the framework for designation and protection of canopy roads (primarily Objective 3.4: [C] and associated policies), the expansion of canopy roads (primarily Objective 3.5: [C] and associated policies), and the classification of designated canopy roads as conservation areas (Policy 1.3.1: [C]). Canopy roads are protected through the designation of a Canopy Road Zone (also referred to as the Canopy Roads Overlay District) through land development regulations that implement the Comprehensive Plan policies. The Canopy Road Zone includes areas within 100 feet of the centerline of designated canopy roads. The Leon County Land Development Code (Section 10-6.707) includes protections for trees in this Canopy Road Zone area along Miccosukee Road, limits structures and development in this area along Miccosukee Road, and requires mitigation for impacts to this area along Miccosukee Road. Attachment #2 includes the section of the Leon County Land Development Code providing protections for designated canopy roads. For designated canopy roads within City limits, the Tallahassee Land Development Code has corresponding regulations (Sec. 10-302 - Canopy Roads Overlay District). These existing protections include the establishment of the Canopy Road Zone with specific regulations for that zone (provided in Attachment #2), including development standards that:

Limit development and structures in the Canopy Road Zone;
Require analyses and mitigation for canopy road impacts; and
Limit driveways and site access to canopy roads.

In addition, the Canopy Roads Citizens Committee serves in an advisory role to the Board of County Commissioners and the City Commission on issues related to canopy roads, including the section of Miccosukee Road along the Greenway.

Current Protections for the Miccosukee Canopy Road Greenway

Protections for the Miccosukee Canopy Road Greenway are conveyed by its land use designation as Open Space on the Future Land Use Map in the Comprehensive Plan. This Open Space designation limits the allowed uses on the Greenway property to recreation and open space related uses.

According to Policy 2.2.14 of the Land Use Element of the Tallahassee-Leon County Comprehensive Plan, the Recreation/Open Space land use category contains:

(1) Government owned lands which have active or passive recreational facilities, historic sites, forests, cemeteries, or wildlife management areas.

(2) Privately owned lands which have golf courses, cemeteries, or wildlife management areas.

Permitted uses include:

Passive recreation
Silviculture
Active recreation facilities (if the site is within the USA or a rural community)

Additional protections result from the Greenway being owned and managed by governmental entities. The Greenway is owned by the State of Florida and subleased to Leon County. This governmental ownership structure further limits how the Greenway can be used.

Additionally, the Miccosukee Canopy Road Greenway (MCRG) Management Plan serves as the core policy document and provides direction for the management of the Miccosukee Canopy Road Greenway as a unit of Leon County’s parks and greenways system. This management plan addresses existing easements and provides an overall framework for how the Greenway is managed. The Management Plan is updated every ten years in alignment with State requirements. The Plan is currently under review by the appointed MCRG Citizen’s Committee. The Committee is evaluating an array of topics including methods to enhance user safety and sustain aesthetics of the Greenway upon the development of the Dempsey Mayo Road extension. These approaches are focused outside of the future road’s right of way as the Management Plan does not have authority of the roadway’s design or implementation.

Land Use Planning and Additional Protections for the Canopy Road and Greenway

Land planning in the vicinity of the Miccosukee Canopy Road Greenway deliberately and intentionally include measures to provide additional standards to protect the Greenway from encroachment from development and to promote compatibility.

Welaunee Arch Master Plan: The development of the Welaunee Arch Master Plan, adopted into the Tallahassee-Leon County Comprehensive Plan in 2020, included significant public engagement. Through the planning process, land use strategies were incorporated into the Welaunee Arch Master Plan to enhance the designated canopy road and the Greenway, including a policy that requires the portion of the Welaunee Arch bordering Miccosukee Road to be designated as open space. This policy adds an open space area with a minimum width of 75 feet along the length of the Canopy Road Zone. The Welaunee Arch Master Plan also calls for the future Welaunee Greenway to connect to the Miccosukee Canopy Road Greenway. The Welaunee Greenway is discussed in more detail below.

Welaunee Heel Planned Unit Development: Consistent with policies in the Welaunee Critical Area Plan, the Welaunee Heel PUD also incorporates land planning strategies to support the Greenway. The allowable uses adjacent to the Greenway are limited to open space and low density residential. Additionally, the approved concept plan provides an opportunity for the conversion of Miles Johnson Road in the Heel into an east-west pedestrian greenway that connects to the existing Miccosukee Canopy Road Greenway. Traffic from the existing Miles Johnson Road would be directed to new roads upon conversion of Miles Johnson Road to open space. Attachment #3 includes the approved concept plan for the Welaunee Heel.

Welaunee Toe-East Planned Unit Development: Similar to the Welaunee Heel PUD, the Welaunee Toe-East PUD that applies to the City of Tallahassee-owned portion of Welaunee also reserves open space adjacent to the Miccosukee Canopy Road Greenway to buffer the Greenway from development that may occur on that portion of Welaunee.

In summary, protections for the Greenway result from:

Public ownership and management of the Greenway;
Development and implementation of a management plan for the Greenway; and
Land use planning that prevents development encroachment and limits allowable uses adjacent to the Greenway.

As described above, protections for the designated canopy road and the Miccosukee Canopy Road Greenway are included in:

Tallahassee-Leon County Comprehensive Plan – Canopy Road and Conservation Area Policies
Tallahassee-Leon County Comprehensive Plan – Recreation/Open Space Land Use
Tallahassee-Leon County Comprehensive Plan – Welaunee Arch Master Plan
Leon County Land Development Code – Canopy Road Regulations (unincorporated Leon County)
Tallahassee Land Development Code - Canopy Road Regulations (within City limits)
Welaunee Heel Planned Unit Development (PUD)
Welaunee Toe-East Planned Unit Development (PUD)
Miccosukee Canopy Road Greenway Management Plan

Welaunee Greenway

In addition to protecting the Miccosukee Canopy Road Greenway, plans to add additional greenways to the area are being implemented. The Northeast Gateway project includes the Welaunee Greenway. This new 8.4-mile greenway will connect to the existing Miccosukee Canopy Road Greenway, creating a 17-mile loop. Acquisition of 250 acres of land for the Welaunee Greenway is completed. The next steps for the Welaunee Greenway are design and permitting. Construction is anticipated to begin in 2026.

Consideration of a Miccosukee Greenway Canopy Road Protection Corridor Overlay

In a letter sent to Commissioners (Attachment #4), the Friends of the Miccosukee Greenway proposed the creation of a Miccosukee Greenway Canopy Road Protection Corridor Overlay. The expressed intent of the new overlay district would be to “preserve and protect both the Miccosukee Greenway and the canopy road in perpetuity”. As described in this item, protections for the Miccosukee Greenway and the designated canopy road are already in place.

At the May 14, 2024 Board meeting, members of the Friends of the Miccosukee Canopy Road Greenway clarified that their intent for the new overlay is more focused on roadway design and pedestrian crossings for roads that use the existing access easements. Essentially, the Friends of the Miccosukee Canopy Road Greenway are requesting a new set of regulations that would get adopted into the Leon County Land Development Code. The new regulations would be applicable to defined areas of the County (specifically the Miccosukee Road Corridor where the Greenway and designated canopy road overlap) with the intent of prescribing roadway design for new roads that cross the Miccosukee Greenway. As explained at the May 14, 2024 meeting, there are existing regulations, standards, and processes in place to protect the canopy road and the Greenway and to facilitate the design of safe roadway design and pedestrian crossings. The new overlay district proposed by the Friends of the Miccosukee Canopy Road Greenway would not change design standards and engineering processes and is not necessary to accomplish the desired goal of safe roadway design and pedestrian crossings. The Friends of the Miccosukee Canopy Road Greenway have not requested in their letter, or at the My 14, 2024 Board meeting, any regulations or protections that are not already in place.

A new overlay district is not necessary to address roadway design and the design of pedestrian crossings. Different design elements and engineering treatments for the roadways can be considered and evaluated without creating a new overlay district. As noted previously, County staff coordinated with a multitude of stakeholders to gain input and facilitate changes to the design and safety standards of both the Dempsey Mayo Road extension and new roundabout at the intersection of Miccosukee Road. As a result of feedback, the developer constructing the road extension crossing the Greenway agreed to several enhancements above and beyond the minimum design standards for that segment, including improving safety and pedestrian crossings. Through the review and approval of the design plans for the Dempsey Mayo Road extension, County staff will ensure that these enhancements and safety improvements, including signage, pavement markings, flashing crossings lights, and traffic calming, are incorporated into the new roadway facility. Any future roadway crossings of the Greenway will also include public engagement and will be reviewed for similar safety enhancements before approval.

In addition to being unnecessary to accomplish the expressed intent, creating a new overlay district could result in unintended problems. First, a new overlay created by the Board of County Commissioners would only apply to unincorporated areas along Miccosukee Road. This could result in inconsistencies in how areas along the Miccosukee corridor are regulated and protected. Additionally, consideration would need to be given to whether the new overlay and regulations associated with a new overlay district would violate the Bert J. Harris Private Property Rights Protection Act (Bert Harris Act). The Bert Harris Act, Section 70.01, Florida Statutes, is intended to protect private property owners from laws, regulations, and ordinances that “may inordinately burden, restrict, or limit private property rights without amounting to a taking under the State Constitution or the United States Constitution”.

Should the Board wish to pursue the creation of a new overlay district, the Leon County Land Development Code would need to be amended by Ordinance to establish the new district and include specific regulations that apply to the defined area.

Conclusion

Along the Miccosukee corridor, both the designated canopy road and the Greenway have specific protections in place to ensure they continue to serve as important resources for the citizens of Leon County. These protections include the establishment of the Canopy Road Zone with specific regulations for that zone, public ownership and management of the greenway, the development and implementation of a management plan for the Greenway, and land use planning that prevents development encroachment and limits allowable uses adjacent to the Greenway.

The Friends of the Miccosukee Canopy Road Greenway requested Board consideration of a Miccosukee Greenway Canopy Road Protection Corridor Overlay as a means to “preserve and protect both the Miccosukee Greenway and the canopy road in perpetuity”. Both the Greenway and the canopy road are already protected in perpetuity because of the existing regulations, the ownership structure and management of the Greenway, the land use designation of the Greenway, and intentional planning adjacent to the Greenway.

The Friends of the Miccosukee Canopy Road Greenway subsequently clarified that their primary concern is related to roadway design and pedestrian crossing facilities where easements that pre-dated the Greenway allow for new roads to cross the Greenway. The County already has the flexibility to evaluate different roadway design elements and different types of pedestrian crossings without the need to create a new regulatory overlay district.

To ensure both the Miccosukee Canopy Road Greenway and the designated canopy road continue to serve as valued and beloved features for the citizens of Leon County, numerous protections are in place as described in detail in this item. Although existing entitlements allow for up to four roadway crossings on the Greenway at defined locations, Leon County has the ability and flexibility to design these crossings to incorporate roadway design elements that maximize safety for all users. The allowable roadway crossing at Edenfield Road would follow substantial review and permitting processes and include engagement with various stakeholder groups and the public. The two other allowable roadway crossings (Arendell Road and Miles Johnson Road) are located inside City limits and the City of Tallahassee would be responsible for design review and permitting.

Options:

Accept the status report on the Miccosukee Canopy Road Greenway and Designated Canopy Road Protections.
Do not accept the status report on the Miccosukee Canopy Road Greenway and Designated Canopy Road Protections.
Board direction.

Recommendation:

Option #1

Attachments: