HomeMy Public PortalAbout2006-23 Adopting the Evaluation and Appraisal Report for VKBRESOLUTION NO. 2006-23
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE
EVALUATION AND APPRAISAL REPORT FOR THE
VILLAGE OF KEY BISCAYNE MASTER PLAN; STATING
THE INTENT OF THE VILLAGE COUNCIL TO AMEND
THE MASTER PLAN BASED UPON RECOMMENDATIONS
CONTAINED IN THE REPORT; APPROVING
TRANSMITTAL OF THE REPORT TO THE DEPARTMENT
OF COMMUNITY AFFAIRS IN ACCORDANCE WITH
SECTION 163.3191, FLORIDA STATUTES; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 163, Part 2, Florida Statutes and Chapters 9J-5, 9J-11 and
9J-12, Florida Administrative Code (F.A.C.), the Village of Key Biscayne Master Plan (the "Plan")
was adopted via Ordinance No. 95-8 on September 12, 1995; and
WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing
process; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to periodically
assess the success or failure of their adopted comprehensive plans to adequately address changing
conditions and state policies and rules; and
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to adopt an
evaluation and appraisal report once every seven (7) years assessing the progress in implementing
the local government's comprehensive plan; and
WHEREAS, the Village Council, in its capacity as the Local Planning Agency (the "LPA")
has prepared and completed an Evaluation and Appraisal Report (the "EAR") for the Plan as
provided for in Exhibit "A"; and
WHEREAS, on April 25, 2006, the LPA held an advertised public hearing on the proposed
EAR, provided for participation by the public in the process and rendered its recommendations to
the Village Council; and
WHEREAS, the Village Council has reviewed the EAR, held an advertised public hearing,
and provided for comments and public participation in the process in accordance with the
requirements of state law and the procedures adopted for public participation in the planning process.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and
confirmed.
Section 2. Adoption. That the Evaluation and Appraisal Report, attached as Exhibit
"A", is hereby adopted and approved for transmittal to the Department of Community Affairs for the
purpose of a sufficiency review in accordance with Section 163.3191, Florida Statutes.
Section 3. Intent to Amend Master Plan. That the Village Council does hereby state its
intention to amend the Village of Key Biscayne Master Plan in accordance with the
recommendations contained in the Evaluation and Appraisal Report.
Section 4. Transmittal. That the Village Clerk or his or her designee is hereby directed
to make the appropriate transmittals as required by law.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
2
PASSED AND ADOPTED this 13th day of June, 2006.
7/"o ccet, cm L:,-.
MAYOR ROBERT OLDAKOWSKI
AT
eb,
C I NCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
lP\
VILLAGE ATTORNEY
F:\100\103001\Resolutions\Council approval of EAR 3.27.06.doc
3
THE MIAMI HERALD I MiamiHerald corn _ _
FROM THE FRONT PAGE__ _ _
THURSDAY, JUNE 1, 2006 127A
Client Name
738891501
Ad Number:
VILLAGE OF KEY BISCAYNE
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AVENTURA
Hospital a `danger' to patients
'HOSPITAL, FROM 1A
involved after being notified
by the state. Spokeswoman
Sharon Fisher said the Center
for Medicare & Medicaid Ser-
vices is in the process, of
looking into the situation at
Aventura.
Alan Levine, secretary of
the Agency for Healthcare
Administration, said, "It's
very rare that the agency will
take such an aggressive
action. It's only when there is
a potential danger to the
safety, health or well being of
patients,"
Rick Wade, senior vice
president of the American
Hospital Association, called
the state's move "atypical....
State health departments are
very reluctant to take that
kind of action unless there is
some imminent danger to
safety."
Many of the observations
made by a state team, which
visited the hospital last week,
concerned restraints put on
older patients who were sim-
ply lying in bed in an "unre-
sponsive" state.
CAN BE HARMFUL
Restraints can cause harm,
said Liz Capezuti, a professor
of nursing at New York Uni-
versity who has studied the
use of restraints in hospitals
and nursing homes. She said
they can increase the likeli-
hood of bedsores and acceler-
ate muscle deterioration.
Confused patients can inad-
vertently hang themselves in
an effort to get up.
Dr. Paul Schyve, senior
vice president of the Joint
Commission on Accreditation
of Healthcare Organizations,
the national hospital accredi-
tation group, said, "Restraint
is something that is to be used
only when absolutely neces-
sary and when the specific
indications for restraint are
there."
Hospitals accredited by the
commission must reassess
patients at least every two
hours to determine whether it
is possible to remove the
FIVE CASES CITED AT HOSPITAL
State regulators have temporarily prohibited Aventura Hos-
pital from admitting nonemergency patients. They cited five
cases in which patients were (nappropnately restrained:
On March 28, a mentally disabled patient who had an ulcer
caused by a leg cast was admitted to the hospital. The man
became agitated and was restrained at the ankles and wrists.
He was prescribed several drugs.
One of the drugs, an ant -seizure medication called Klonopin,
was supposed to be given twice daily, at 3 and 9 p m
At 7 p m. April 2, a "sitter" was assigned to constantly moni-
tor the patient, who was still restrained. At 8:30 p.m., a doctor
ordered a drug be given to the patient to treat congestion
There is no evidence the drug was given.
That night, the patient missed the 9 p.m dose of Klonopm,
but was given a dose at 10 30 and another at 11'59 No expla-
nation was given for the extra dose
The patient died at 3.30 a m April 3.
• On May 4, an 81 -year -old man with a urinary tract infection
and possible pneumonia was admitted. His condition deterio-
rated, and a feeding tube was inserted into his stomach. On
May 14, a doctor ordered the patient be restrained as needed.
Federal regulations prohibit ordering restraint as needed —
the order must be written for a specific circumstance, A
nurse ordered that the patient be restrained at the wrists. On
May 25,11 days after the restraint order, he was placed on a
ventilator and still restrained.
State investigators concluded there was nothing in the man's
records to demonstrate whether he was properly monitored
while in restraints, nor was there anything that showed"any
behavior or other basis which would justify the use of
restraints."
• mesa patients, ages 61, 78 and 90, were described as
"unresponsive" and "flat on his/her back in the bed." For all
three, physicians issued daily orders to keep the patients
restrained.
Investigators found nothing in the patients' records to show
that they were monitored for the effects of tong -tern
restraint or cared for to prevent the problems that can arise
from long-term restraint There was also no evidence in the
records of "any behavior or other basis which would justify
the use of restraints," or "any indication of the continued
necessity of restraints;" according to the state's report.
restraints. Doctors may not
order restraints "PRN," or as
needed. One of the Aventura
cases cited this sort of order.
In one case at Aventura, a
physician ordered the use of
restraints on a 78 -year -old
upon admission. The patient
was placed in "soft wrist
restraints" and taken to inten-
sive care, put on a ventilator
and listed as "unresponsive."
The patient remained flat
in bed, but the doctor kept
ordering restraints.
Schyve said patients some-
times must be restrained so
they don't knock or pull tubes
from their throats, but he
added the restraints should be
imposed only if the patient
appears in imminent danger
of knocking out the tube, and
must be removed as soon as
the agitation passes.
RECORDS LACKING
The healthcare agency's
order for a moratorium noted
that with several patients, the
hospital records didn't indi-
cate whether the patient
showed behavior justifying
the restraints, had been
turned to reduce the possibil-
ity of bedsores or had been
properly monitored.
Capezuti noted that the
lack of documentation sug-
gested not just lax record -
keeping but also a failure by
staff to coordinate care.
"The documentation is not
as simple as 'Somebody didn't
write this down,' " she said.
"It's a way you communicate
to other staff. This is a sys-
tems problem.... When they
come in to stop admissions in
a hospital, that's a pretty
strong statement. "
The order was issued on
Friday, but the state did not
notify the public what had
happened.
I am shocked," Barbara
Wales, an Aventura activist,
said when she learned of the
state's action. "I find this
whole set of circumstances
inconceivable, that this would
happen to a local hospital that
so many of us depend upon
and they wouldn't tell us what
they'd done. It's ludicrous,"
Levine, who has portrayed
himself as a champion of
transparency of healthcare
information, said such criti-
cism was "a very legitimate
point." The agency usually
waits until a hospital
responds to investigators'
complaints before releasing
information, but in the future
the agency will consider
announcing its hospital
actions immediately, he said.
At the hospital, which is
part of the HCA chain,
spokeswoman Weinberg
issued a statement: "We have
completed and implemented
an immediate plan of action to
address their recommenda-
tions and feel confident this
plan will allow us to make
these corrections quickly."
She said a healthcare
agency inspector was at the
facility Tuesday evening, and
the staff was hoping the state
ban would be lifted quickly.
Meanwhile, Shayne Ben-
kendorf, a diabetic, said she
went to the hospital on Tues-
day to have a toe amputated
but wasn't admitted.
"I was stunned. They gave
me no explanation."
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'W/
VILLAGE OF
KEY BISCAYNE
Office of the Village Clerk
NOTICE OF PUBLIC HEARING
ADOPTION OF THE
PROPOSED EVALUATION AND
APPRAISAL REPORT OF THE
VILLAGE OF KEY BISCAYNE
COMPREHENSIVE PLAN
The Village Council of the Village of Key Biscayne will
hold a public hearing on June 13, 2006 at 7:00 p.m. in
the Council Chamber, located at 560 Crandon
Boulevard, Key Biscayne, Florida, to consider the
adoption of the following resolution:
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, ADOPTING THE EVALUATION AND
APPRAISAL REPORT FOR THE VILLAGE OF
KEY BISCAYNE MASTER PLAN; STATING
THE INTENT OF THE VILLAGE COUNCIL TO
AMEND THE MASTER PLAN BASED UPON
RECOMMENDATIONS CONTAINED IN THE
REPORT; DIRECTING TRANSMITTAL OF THE
REPORT TO THE DEPARTMENT OF
COMMUNITY AFFAIRS IN ACCORDANCE
WITH SECTION 163.3191, FLORIDA
STATUTES; PROVIDING FOR EFFECTIVE
DATE.
A copy of the resolution and the proposed report may
be obtained at Village Hall, Office of the Village Clerk,
88 W. McIntyre Street, Suite 220, Key Biscayne,
Florida 33149, Interested parties may appear at the
public hearings and be heard with respect to the
proposed item.
In accordance with the Aniaicans with Disabilities Act
of 1990, all persons who are disabled and who need
special accommodations to participate in this
proceeding because of that disability should contact
the Office of the Village Clerk, 88 W. McIntyre Street,
Suite 220, Key Biscayne, Florida 33149, telephone
number (305) 365-5506, not later than two business
days prior to such proceeding.
Should any person desire to appeal any decision of
the Village Council with respect to any matter to be
considered at this meeting, that person shall insure
that a verbatim record of the proceedings is made
including all testimony and evidence upon which any
appeal may be based (F.S. 286.0105).
Conchita H. Alvarez CMC
Village Clerk
The Miami Herald
A Knight-Ridder Newspaper
PUBLISHED DAILY
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared Ivette Font, who on oath says that she is
Account Executive
Of The Miami Herald/El Nuevo Herald, daily newspapers published at Miami in Dade County, Florida;
that the advertisement for:
VILLAGE OF KEY BISCAYNE
Were published in said newspaper in the issues dated:
4/05/06 2C x 8.0" Metro & State Dade Pg 6
4/05/06 2C x 8.0" Metro & State Broward Pg 10
4/11/06 2C x 8.0" Metro & State Broward Pg 7
4/11/06 2C x 8.0" Metro & State Dade Pg 5
4/13/06 2C x 10" Metro & State Dade Pg 6
4/13/06 2C x 10" Metro & State Broward Pg 8
4/14/06 2C x 10" Metro & State Broward Pg 5
4/14/06 2C x 10" Metro & State Dade Pg 5
5/12/06 2C x 11" Metro & State Broward Pg 10
5/12/06 2C x 11" Metro & State Dade Pg 6
6/01/06 2C x 11" Miami Herald Main Pg A 27
Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade
County, Florida, and that the said newspaper has heretofore been continuously published in said Dade
County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in
said Dade County, Florida, for a period of one year next preceding the first publication of the attached
copy of advertisement.
Sworn to and subscribed before me
This _ ::.•��.,.�►.� _., ��, A.D. 2006
Not
Printed:
0 14 nil- I-- tztjJ
_ I,:RY PUBLIC -STATE OF FLORIDA
Norma M. Lugg
Commission # DD507139
Expires: MAR. 05, 2010
Landed Thu Atlantic Bonding Co., Inc.
Village of Key Biscayne
Master Plan
Evaluation and Appraisal
Report
Prepared with the assistance of
Wallace Roberts & Todd, LLC
Acknowledgements
Village of Key Biscayne Residents, Property Owners, and Business Owners
Vision Plan and Evaluation and Appraisal Report (EAR) Committee
Edward Easton, Chair
Alan Fein, Vice Chair
Luis Arrondo
Milt Berg
Willie Borroto
Martha Broucek
Frank Caplan
Bonnie Cooper
Nancy Doke -Harrison
Rachel Fried
Village Council
Dr. Henny Groschel-Becker
Matthias Kammerer
Debborah de Leon
Dr. Bob Maggs
Dr. Jorge E. Mendia
Edward Meyer
Ana Rasco
Veronica Scharf -Garcia
Robert Oldakowski, Mayor
Robert L. Vernon, Vice Mayor
Enrique Garcia, Councilmember Stephen Liedman, Councilmember
Jorge E. Mendia, Councilmember Thomas Thornton, Councilmember
Patricia Weinman, Councilmember
Village Staff
Jacqueline Menendez, Village Manager
Jud Kurlancheek, AICP, Director of Building, Zoning and Planning
Stephen Helfman, Weiss, Serota, Helfman et. al., P.A.
Conchita H. Alvarez, CMC, Village Clerk
Consultants
Wallace Roberts & Todd, LLC
VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
March 2006
Table of Contents
Letter of Transmittal 1
Village Council Adoption Resolution 3
Executive Summary 4
1. Introduction 7
a. Master Plan and Initial EAR 7
b. Profile of the Community 7
c. Purpose of the EAR. 9
d. Summary of EAR Requirements and Process 9
e. Process of Public Involvement 11
f. Key Biscayne 2020 Vision 12
2. Community -Wide Assessment 21
a. Population Growth and Changes in Land Area 21
b. Ethnicity and Race Components 22
c. Population Projections 23
d. Extent of Vacant and Undevelopable Land 25
e. Location of Development in Relation to Master Plan 27
f. Infrastructure Levels of Service 29
g. Coordination of Land Use and Public School
Planning 33
h. Coastal High -Hazard Area Development Mitigation
Strategies 35
3. Assessment of Master Plan Elements 37
a. Future Land Use 37
b. Traffic Circulation 44
c. Housing 47
d. Infrastructure 49
e. Conservation and Coastal Management 51
58
Wallace Roberts & Todd, LLC i
VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
f. Recreation and Open Space 60
g. Intergovernmental Coordination 62
h. Capital Improvements
65
4. Major Local Issues
a. Definition, Preservation and Enhancement of Key
Biscayne's Unique Village Character and Quality of 67
Life
b. The Need for Additional Local Parks, Recreation 69
Space and Open Space
c. Calusa Park, Crandon Park, Bill Baggs Cape Florida
State Park and Virginia Key - Interlocal Cooperation 74
Relative to Village Issues 76
d. Traffic Volume, Operations and Safety 80
e. Implications of Redevelopment 87
f. Sustainability of Local Retail and Services ..
g. Vulnerability to Damage from Tropical Storms and 89
Hurricanes 92
h. Need to Improve or Replace Infrastructure 96
i. Implications of Debt Cap
j. Conservation, Coastal Management and 97
Environmental Protection
k. Land Development in the Context of Master Plan 99
Goals, Objectives, and Policies
I. Historic, Cultural and Educational Resources and 101
Needs
5. Consistency with Florida Growth Management 103
Laws 103
a. State Comprehensive Plan, Chapter 187, F.S
b. Local Government Comprehensive Planning and
Land Development Regulation Act, Chapter 163 110
(Part II), F.S 136
c. Rule Chapter 9J-5, F.A.0 162
d. Strategic Regional Policy Plan for South Florida
6. Conclusions and Recommendations
165
Wallace Roberts & Todd, LLC ii
VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
TABLES:
Table 1:
Table 2:
Table 3:
Table 4:
Table 5:
Table 6:
Table 7:
Table 8:
Table 9:
Table 10:
Table 11:
Table 12:
Table 13:
Table 14:
Ethnicity Change in Key Biscayne and Miami -Dade County, 1990-
2000
Nativity and Place of Birth, 2000
Annual Average Change, Population Projections for Key Biscayne
and Miami Dade County, 1990 to 2025
Population Projection Comparison Between Key Biscayne and
Miami -Dade County
Key Biscayne Residential Building Permits, April 2000 - April 2005
Key Biscayne Commercial Building Permits, April 2000 — April 2005
WASD Water System Capacity and Demand Comparison, 1995-2020
Key Biscayne Parks and Recreation Level of Service
Parks and Recreation Facilities Counted in 2005 Level of Service
Calculations
Median Household Income by Household Size in Miami -Dade County
Affordable Housing Demand in Key Biscayne
Projected Demand of Renter- and Owner -Occupied Units by Income
based on AHNA Data
Substandard Housing, 2000
Sanitary Sewer and Water Conversion Project Progress
FIGURES
Figure 1: Key Biscayne Future Land Use Map
Figure 2: Key Biscayne Zoning Map
Wallace Roberts & Todd, LLC iii
VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Letters of Transmittal
, 2006
Robert J. Daniels, AICP
South Florida Regional Planning Council
3440 Hollywood Boulevard, Suite 140
Hollywood, FL 33021
Re: Adopted Key Biscayne Evaluation and Appraisal Report
Dear Mr. Daniels:
Enclosed is the adopted Village of Key Biscayne Evaluation and Appraisal Report. This package
contains the following:
3 copies of the adopted EAR
3 copies of the resolution adopting the EAR by the Village Council
3 copies of the advertisement for the adoption hearing
3 copies of the minutes of that adoption hearing
The public hearing for adoption was held on
sent to:
Department of Community Affairs
Florida Department Transportation Di$ri
South Florida Water Manageme
Florida Department of Envjrpnm
Florida ear ent of
Flori
Flori
These packag
questions regarding
Jud Kurland),
Key Biscayne' tf Building, Planning, and Zoning
88 West McIntyre Street
Key Biscayne, FL 33149
Tel: 305.365.8908; Fax: 305.365.5556
VKBBZP(c�aol.com
, 2006. A copy of
'.a
K
-adop d iWis being
ne:cisly with this transmittal to your agency. If you have
contact me, or our consultants Silvia Vargas or Lindsey Withrow:
Lindsey Withrow and Silvia Vargas
Wallace Roberts Todd
191 Giralda Avenue, Penthouse,
Coral Gables FL, 33134
Tel: 305.448.0788; Fax: 305.443.8431
Iwithrow a@ca.wrtdesian.com;
svarias@cg.wrtdesign.com
The report has been posted for public review at Key Biscayne Village Hall (88 West McIntyre Street,
Key Biscayne, FL), Key Biscayne Public Library (299 Crandon Boulevard, Key Biscayne, FL), and the
Key Biscayne Community Center (10 Village Way, Key Biscayne, FL) between A.M. and P.M.
weekdays.
Please notify us at your earliest convenience regarding the completeness of this package.
Sincerely,
Jud Kurlanchek, Director of Building, Planning and Zoning
Wallace Roberts & Todd, LLC 1
VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
, 2006
Charles Gauthier, AICP
Florida Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Re: Adopted Key Biscayne Evaluation and Appraisal Report
Dear Mr. Gauthier:
Enclosed is the adopted Village of Key Biscayne Evaluation and Appraisal Report. The package
contains the following:
3 copies of the adopted EAR
3 copies of the resolution adopting the EAR by the Village Cour cij
3 copies of the advertisement for the adoption hearing
3 copies of the minutes of that adoption hearing
The public hearing for adoption was held on
sent to:
Florida Department Tra
th Sou # Regio
So. ` a warM
F a epartrnen t o
Fit7 grtmo f
Florida
�port i
anni
e
rotedtion
ork l Preservati6n'"
Fish Commission
'culture
I
the
ed EAR is being
These pa - a' eing sent simultaneously with this transmittal to your agency. If you have
questions reg the EAR, please contact me, or our consultants Silvia Vargas or Lindsey Withrow:
Jud Kurlanchek
Key Biscayne Dept. of Building, Planning, and Zoning
88 West McIntyre Street
Key Biscayne, FL 33149
Tel: 305.365.8908; Fax: 305.365.5556
VKBBZP(a�aoi.com
Lindsey Withrow and Silvia Vargas
Wallace Roberts Todd
191 Giralda Avenue, Penthouse,
Coral Gables FL, 33134
Tel: 305.448.0788; Fax: 305.443.8431
Iwithrow(a)cq.wrtdesign.com;
svargas(a?cq.wrtdesign.com
The report has been posted for public review at Key Biscayne Village Hall (88 West McIntyre Street,
Key Biscayne, FL), Key Biscayne Public Library (299 Crandon Boulevard, Key Biscayne, FL), and the
Key Biscayne Community Center (10 Village Way, Key Biscayne, FL) between A.M. and P.M.
weekdays.
Please notify us at your earliest convenience regarding the completeness of this package.
Sincerely,
Jud Kurlanchek, Director of Building, Planning and Zoning
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
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Village Council Adoption Resolution
(to be inserted]
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Executive Summary
The Village of Key Biscayne Master Plan was adopted on September 12, 1995,
and accepted by the Department of Community Affairs on October 20, 1995.
Preparation of Key Biscayne's first Evaluation and Appraisal Report (EAR)
reveals that the Village has diligently implemented the Master Plan's goals,
policies, and objectives with few exceptions.
The EAR Process
Key Biscayne's first EAR was prepared and adopted pursuant to Florida Statutes,
Section 163.3191. This EAR was developed a Council -appointed committee of
residents, referred to as the 2020 Vision Plan/Evaluation and Appraisal Report
Committee, with the assistance of the Building, Zoning and Planning, Finance;
Public Works, and Parks and Recreation Department staffs, as well as the
Village Manager, Village Attorneys and other Village departments, all supported
by the active and engaged leadership and direction of the Village Council. In
addition, consultants engaged by the Village, Wallace, Roberts & Todd, LLC,
provided valuable background, structure and advice.
2020 Vision/EAR Committee Members represented a broad array of local
constituencies and viewpoints, and also added relevant and valuable experience,
expertise and background to the EAR process. The Committee, and a sub-
committee selected to address issues related to the EAR in particular, met more
than a dozen times over a period of 10 months to complete this task. Each
Committee and Sub -Committee meeting was open to public attendance and
comment. Further, the Committee reached out actively to the community at large,
and implemented a vigorous public participation program in addressing the EAR.
The result were vigorous, informed and wide -reaching debates, touching on
virtually all aspects of the Master Plan, and on residents' individual and collective
sensibilities about Key Biscayne, and future challenges and opportunities.
This EAR was undertaken simultaneously and on a parallel track with a local
"visioning" and planning exercise referred to as "2020 Vision". The 2020 Vision
exercise and EAR work were mutually interconnected and supportive. The work
and focus of each informed the other. The 2020 Vision Statement was adopted
by the Village Council as an exercise in self-criticism and self -definition, and as a
source of guidance for at least a fifteen year time horizon. The 2020 Vision
Statement is printed in full in the EAR, and its tenets and possible planning
implications remain under consideration for possible inclusion in future Master
Plan amendments.
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EAR Findings
The EAR addresses the inquiries and follows the requirements specified in
Florida Statutes, Section 163.3191, manifesting particular attention to the list of
Major Issues presented to the Florida Department of Community Affairs (DCA) in
a Letter of Understanding on March 7, 2005 and incorporating recommendations
included in the DCA's response.
Following an introduction, which includes a reprint of the 2020 Vision Statement,
the EAR assesses current and projected conditions and changes in the
community since adoption of the 1995 Master Plan. Key points include:
• While Key Biscayne is an area of moderate population growth in
comparison to other municipalities in Miami -Dade County, its growth rate
is dropping and its population is predicted level by 2010 according to
Miami -Dade County projections.
• The percentage of people over the age of 65 has dropped over the past
decade as the number of family households with children under the age of
18 has grown. In the report's evaluation of the coordination of land use
and public school planning, it found that increased County -wide demand
on educational facilities and services emphasizes the need for cooperation
and synchronization between jurisdictions.
• No land has been annexed, no land is available for annex, and no vacant
lots remain in Key Biscayne. Future growth will occur in the form of
redevelopment. The composition of the Village will continue to evolve as
older housing stock is knocked down and replaced by larger dwelling units,
a trend that is evident today and likely to continue until around 2047.
• All new construction and redevelopment since 1995 has occurred in
accordance with the Future Land Use Map and complies with FEMA and
Coastal High Hazard Area regulations.
• Assessments of current and forecasted infrastructure levels of service for
transportation, sanitary sewer and potable water, and solid waste
management reveal facilities adequately equipped to meet predicted
demand and emphasize the need for continued interlocal cooperation.
The EAR then analyzes in detail each element of the 1995 Master Plan, including
successes, impediments and status, taking into account past implementation,
pending work and changed conditions. Overall, the Village has very successfully
implemented the Plan, either already completing projects or on track to do so.
As a prelude to specific Master Plan amendments proposed in the EAR, we then
analyze our principal local issues, from today's perspective but also in terms of
the 1995 Master Plan objectives, policies and goals. These issues include:
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• Definition, Preservation and Enhancement of Key Biscayne's Unique
Village Character and Quality of Life
• The Need for Additional Local Parks, Recreation Space and Open Space
• Calusa Park, Crandon Park, Bill Baggs Cape Florida State Park and
Virginia Key - Interlocal Cooperation Relative to Village Issues
• Implications of Redevelopment
• Traffic Volume, Operations and Safety
• Sustainability of Local Retail and Services
• Vulnerability to Damage from Tropical Storms and Hurricanes
• Need to Improve or Replace Infrastructure
• Implications of Debt Cap
• Conservation, Coastal Management and Environmental Protection
• Land Development in the Context of Master Plan Goals, Objectives, and
Policies
• Historic, Cultural and Educational Resources and Needs
We then consider the extent to which our Master Plan is consistent with other
Florida growth management laws, based on changes since 1995. The Master
Plan is substantially in compliance with relevant changes; where not,
recommendations to the Master Plan have been suggested.
Finally, we address our conclusions and various recommendations for Master
Plan amendments. In addition to updating dates, removing obsolete policies and
objectives, and making modifications to the Future Land Use map, our
recommendations include:
• Undertake studies of traffic congestion and levels of service;
• Place a greater emphasis on the Village's commitment to exploring
innovative solutions for the provision of affordable housing;
• Explore new ways to integrate green technologies into public facilities; and
• Consider means of revenue -raising to support public trust acquisition of
recreation lands and open space and preservation of historic landmarks.
We conclude by highlighting the ongoing nature of this work, as we continue
discussion about our 2020 Vision and related ideas to protect and improve the
characteristics of and aspirations for Key Biscayne that we have identified as
defining and valuable.
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1. Introduction
a. Master Plan and Initial EAR
The Village of Key Biscayne was incorporated on June 23, 1991.
Previously, the community was part of unincorporated Miami -Dade County.
The Village of Key Biscayne Master Plan was adopted by the Village
Council, by Ordinance 95-8, on September 12, 1995, and accepted by the
Department of Community Affairs on October 20, 1995. In anticipation of
incorporation, committees of interested residents actively studied Key
Biscayne and growth management principles beginning in approximately
the fall of 1990. Active public participation resulted, focusing especially on
various qualities that were thought to define Key Biscayne as it was in the
past, as it had become, and as it could be in the future. Broad public
interest in these questions continues today.
This is Key Biscayne's first Evaluation and Appraisal Report (EAR),
developed pursuant to F.S., Section 163.3191. This EAR was developed
with the active participation and assistance of a committee of residents
appointed by the Village Council, called the 2020 Vision/EAR Committee,
and other residents, as well as Wallace Roberts & Todd, consultants to
the Village.
b. Profile of the Community.
Bounded by Crandon Park to the north and Bill Baggs Cape Florida State
Park to the south, the Village of Key Biscayne occupies approximately 1.5
square miles1 in the center of Key Biscayne, the southernmost sandy
barrier island in a chain of islands extending along the Atlantic coast of the
United States. The island's deep sands overlying coral rock differentiate
Key Biscayne, positioned just southeast of downtown Miami, from the
rocky Florida Keys and support distinctive beach, dune, hammock and
mangrove ecosystems. Due to its relatively low elevation and direct
exposure to the Atlantic Ocean, Key Biscayne is in a high -risk flood zone;
it is classified by FEMA as flood elevation AE and often one of the first
areas in Miami -Dade County to be evacuated in a storm emergency. The
only vehicular access to and from the mainland is via the four -to -six lane
Rickenbacker Causeway. The Village has experienced storm damage in
the past, most recently as a result of Hurricane Wilma in October 2005.
1 Land area covers 1.28 square miles, water area covers 0.12 square miles with a total
incorporated area of 1.39 square miles.
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The transformation of Key Biscayne from a coconut plantation into a quiet
Miami bedroom community bordered by parks began with the dedication
of the first Rickenbacker Causeway (a drawbridge) and Crandon Park in
November 1947. The southern two-thirds of the island were platted in
several subdivisions with different lot sizes and restrictions. The Mackie
Construction Company and other developers built hundreds of modestly
priced one-story homes in the 1950s and 1960s that were purchased
primarily by WWII veterans and young families. The Mackles built an
elementary school and Key Biscayne Hotel and Villas, which catered to
tourists. The southern third of the island escaped development and
became Cape Florida State Park in January 1967. Key Biscayne received
international attention in 1969 when then U.S. President Richard Nixon
established his "Florida White House" complex on the bay side of the
island. The publicity of Presidential visits through 1973 sparked
awareness of Key Biscayne as a destination. An increase in development
and real estate value was triggered by the 1987 opening of the high -span
William Powell Bridge, which replaced an existing drawbridge. By the late
1980s, Key Biscayne had become a mature suburb within unincorporated
Miami -Dade County, known for its quiet natural beauty and small-town
character.
The Village of Key Biscayne was incorporated on June 23, 1991 after nine
years of citizen effort toward self -governance. The vote to incorporate
capped a long effort to obtain better services from the County, improved
fiscal control, and local control over growth within the Village. A charter
with a Council -Manager form of government was adopted to provide for
local control over development, improved infrastructure and services, and
better governmental process. Many improvements that were desired in
1991 have been achieved through the efforts of local government as well
as the determination and commitment of Key Biscayne residents. The
effectiveness of self -governance was validated by the creation of new,
first-rate Fire Rescue and Police Departments and, by 1996, a Zoning
Code tailored to meet the development needs of the Village.
In 1995, after years of public education and participation, the Village of
Key Biscayne adopted its first Master Plan, which identified deficiencies
and needed or desired improvements. Many of the Plan's goals,
objectives, and policies have been realized. In addition to excellent fire -
rescue and police services, the Village has an attractive (and debt -free)
Village Green; more local parks; a renourished beach with protective dune
systems; a vastly improved stormwater drainage system; an expanded K-
8 public school; an architecturally distinguished Civic Center complex; a
new, highly -used Community Center; reduced Village -wide speed limits;
street -by -street tree plantings and landscaping, street lights and pavers,
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sidewalks, landscaped traffic calming devices; and the lowest millage rate
of any municipality in Miami -Dade County.
The Village of Key Biscayne in 2005 enjoys outstanding natural beauty
and the best of both worlds: a sense of separateness as a serene, secure
island sanctuary coupled with convenient access to services, activities and
amenities on the mainland. Key Biscayne's popularity as a destination for
both daily and seasonal tourists will continue. Residential, commercial and
hotel properties are largely built out, yet the community is changing again
via redevelopment.
c. Purpose of the EAR.
The purpose of the EAR is to evaluate and assess the effectiveness,
successes and failures of a local municipality's master plan in
accomplishing its adopted objectives, policies, and standards as well as to
suggest ensuant changes or amendments. The State of Florida's local
government master planning law, Chapter 163, Part 2, Florida Statutes
(F.S.) requires that all counties and municipalities throughout Florida
maintain master planning programs to guide their long-range growth and
development, and that master planning should be a continuous and
ongoing process. As a part of this process, local governments are
required to monitor numerous community characteristics relating to
development, provision of services, environmental protection, and
governmental activities, and to periodically prepare Evaluation and
Appraisal Reports addressing implementation of the master plan.
Moreover, the law provides that the EAR process shall be the principal
process for updating local master plans to respond to changes in state,
regional, and local policies on planning and growth management, and
changing conditions and trends, to ensure effective intergovernmental
coordination, and to identify major issues regarding the community's
achievement of its goals.
d. Summary of EAR Requirements and Process.
As required by Sec. 163.3191(2), F.S., the EAR must address the
following items:
1. Major local issues as identified by the local government with input from
state agencies, regional agencies, adjacent local governments and the
public, and the potential social, economic, and environmental impacts
of these issues.
2. Location of existing development with respect to the location of
development as anticipated in the Key Biscayne Master Plan, as
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adopted in 1995; population growth and changes in land area,
including any annexations, and the extent of vacant and developable
land.
3. Effect on the Master Plan of changes to the state comprehensive plan,
Chapter 163, Part 2; Chapter 9J-5, Florida Administrative Code (FAC);
and the strategic regional policy plan, since the adoption of the Master
Plan.
4. Whether Master Plan objectives within each element have been
achieved with respect to major local issues.
5. The extent to which unanticipated and unforeseen problems or
opportunities have occurred since the 1995 Master Plan adoption, or
resulted in problems or opportunities with respect to the major local
issues and their social, economic, and environmental impacts.
6. Identification of any corrective actions or measures, including whether
plan amendments are recommended, to address the major local issues
identified and analyzed in the EAR.
7. Coordination of the Master Plan with existing public schools and those
identified in the applicable educational facilities plan adopted pursuant
to Chapter 1013.35, F.S.; assessment of the success or failure of the
coordination of the future land use map and associated planned
residential development with public schools, and joint decision -making
processes between the local government and the school board toward
establishing appropriate population projections, and the planning and
siting of public school facilities.
8. Consideration of the appropriate water management district's regional
water supply plan, and revision of the potable water element to include
a work plan covering at least a 10 -year planning horizon for building
any water supply facilities identified as necessary to serve existing and
new development, and for which the local government is responsible.
9. Evaluation of whether any reductions in land use density within the
coastal high -hazard area impairs the property rights of current
residents upon redevelopment, including that following a natural
disaster.
10 Process for public involvement.
F.S. Section 163.3191 further specifies the procedures and criteria for the
preparation, transmittal, adoption, and sufficiency review of local
government's EARs and EAR -based Master Plan amendments, if any. By
agreement with the Department of Community Affairs (DCA), Key
Biscayne's adopted EAR will be transmitted to the South Florida Regional
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Planning Council (SFRPC) for sufficiency review. DCA will retain ultimate
review authority.
If the EAR recommends Master Plan amendments, such amendments will
be consistent with the findings and recommendations contained in the
adopted EAR. FS Section 163.3191 requires EAR -based Master Plan
amendments to be adopted within eighteen (18) months after the EAR is
determined to be sufficient.
An EAR is required to be completed every seven (7) years, subject to
scheduling as determined by DCA. This constitutes the first evaluation
and appraisal of the Key Biscayne Master Plan. This EAR reflects the
Village's best efforts at interpreting the major issues and factors to be
addressed and the scope of work contained in the Letter of Understanding
between DCA and the Village (included in the Appendices of this
document), as well as the Florida Statutes, Administrative Code, and other
guidance documents issued by DCA.
e. Process for Public Involvement
This EAR was prepared and adopted pursuant to Florida Statutes, Section
163.3191. The EAR was developed a Council -appointed committee of
residents —referred to as the 2020 Vision Plan/Evaluation and Appraisal
Report Committee —with the assistance of the Village staff and
consultants Wallace Roberts & Todd, LLC, as well as the support and
leadership of the Village Council.
2020 Vision/EAR Committee Members represented a broad array of local
constituencies and viewpoints, and also added relevant and valuable
experience, expertise and background to the EAR process. The
Committee, and a sub -committee selected to address issues related to the
EAR in particular, met more than a dozen times over a period of 10
months to complete this task. Each Committee and Sub -Committee
meeting was open to public attendance and comment. Further, the
Committee reached out actively to the community at large, and
implemented a vigorous public participation program in addressing the
EAR. The result were vigorous, informed and wide -reaching debates,
touching on virtually all aspects of the Master Plan, and on residents'
individual and collective sensibilities about Key Biscayne, and future
challenges and opportunities.
This EAR process was undertaken simultaneously and on a parallel track
with a local "visioning" and planning exercise referred to as "2020 Vision".
The 2020 Vision exercise and EAR work were mutually interconnected
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and supportive. The work and focus of each informed the other. The 2020
Vision Statement was adopted by the Village Council as an exercise in
self-criticism and self -definition, and as a source of guidance for at least a
fifteen year time horizon. The 2020 Vision Statement is printed in full in the
following section, and its tenets and possible planning implications remain
under consideration for possible inclusion in future Master Plan
amendments.
f. Key Biscayne 2020 Vision.
The preparation of this EAR was conducted in close coordination with an
ambitious community visioning process, which began in April 2005. To
ensure a fully coordinated, consensus -driven outcome, the Village Council
appointed a broadly representative residents' steering committee —the
2020 Vision/EAR Committee —to guide both processes. The visioning
process is intended to create a framework for strategic decision -making to
guide the long term future of the community.
The 2020 Vision process began with a series of public committee and sub-
committee meetings culminating in SWOT (Strengths, Weaknesses,
Opportunities and Threats) exercises conducted with the 2020 Vision/EAR
Committee (April 11, 2005), the Village Council (June 28, 2005), and the
community at large (June 9 and June 11, 2005). In all, approximately 150
individuals took part in this step, providing extensive input about the
community's concerns, values, aspirations, and priorities. The exercises
sought responses from participants on two questions pertaining to present
conditions in the Village, and two questions pertaining to perceptions or
expectations about future conditions, as follows:
Present Strengths and Weaknesses:
• What present characteristics of Key Biscayne do we consider
strengths (qualities worth retaining) and attributes that define our
character and quality of life?
• What characteristics can we categorize as weaknesses (problems
or deficiencies requiring attention)?
Future Opportunities and Threats
• What opportunities should we seize to improve character and
quality of life of the Village in the future?
• Which conditions or trends can we interpret as threats to our
character or quality of life which we should prevent?
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Although hundreds of ideas and comments were recorded, a reasonably
clear consensus emerged on the top priority issues in each of the
discussion topics, which are summarized below.
KEY AREAS OF COMMUNITY CONSENSUS
Strengths
1. Strong Sense of Community: the island's history; the neighborliness
and friendliness of its residents; an engaged citizenry; and the physical
smallness of the community —create a strong sense of community self-
awareness and a desirable "small-town" environment.
2. Quality of Life: the community's self-reliance; a safe, peaceful, and
quiet setting; the beauty, environmental value, and quality of
government, services and amenities contribute to an exceptional
quality of life.
3. Location: the advantages of convenient proximity to major
employment and activity centers in Miami -Dade County, coupled with
the separation and distinct island identity.
4. Natural setting/Environment: the beauty, amenity, and
environmental value of a barrier island with a tropical landscape and
climate, the scenic open space and dual waterfront, on the bay and
ocean.
5. Community Services and Facilities: the elemiddle (K-8) school,
Village Green, civic center, public safety, and myriad recreational
opportunities.
Weaknesses
1. Community Facilities and Services: recreational opportunities
abound, but insufficient parks and playing fields and a lack of land for
future public facilities, deficient maintenance of the community's public
spaces.
2. Mobility, Transportation and Parking: traffic congestion, lack of
pedestrian/bike/golf cart provisions and related safety concerns, lack of
connectivity between individual commercial uses, as well as between
the commercial and residential areas, and issues related to what is
perceived as unsatisfactory performance of existing traffic calming
treatments/poor execution of traffic calming techniques.
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3. Growth and Development Impacts: perception of excessive density,
the construction of new homes which are out of scale with the size of
lots and with the surrounding development, blocked views of the water,
and overcrowded facilities.
4. Changing Community: a growing non-permanent/transient population;
the loss of "island spirit," which is manifest in, among other things, a
lack of respect for the community's public areas, apathy/lack of
involvement, and seeming elitism and sense of entitlement.
5. Infrastructure: deficiencies cited include the incomplete central sewer,
the presence of overhead utilities, storm drainage problems, and poor
road maintenance.
6. Planning/Zoning/Regulations: weak or ineffective planning and
regulations; lack of long-term "vision"; lack of or inconsistent
enforcement.
7. High Cost of Living: higher costs associated with living in a coastal
community, from disaster insurance to construction costs, increasing
property values, and lack of affordable housing; all have the effect of
decreasing the diversity of the community.
8. Limited Range of Retail and Services: in particular, the small
number and variety of restaurants, the narrow range of retailers and
services, and limited cultural/entertainment features and venues.
Opportunities
1. Parks and Open Space: to acquire land for additional parks, to
expand ocean/bay access, to develop trails and protect natural areas.
2. Community Services/Facilities/Amenities: to expand the recreation
center, to build a community theater and other cultural facilities, to
improve education and consider a high school.
3. Improve Transportation/Circulation: to reduce vehicular congestion,
provide additional facilities/improve connectivity for pedestrian, cyclists
and golf carts, provide commercial area access from Fernwood, and
expand public transportation and traffic calming.
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4. Development/Redevelopment Controls: to control density and
intensity, preserve needed services and businesses, control building
scale, and improve landscape requirements.
5. Community Interactions: to improve communication/dialogue among
diverse community groups as well as between the Village and its
residents, to improve civic involvement.
6. Seniors and Families: to provide for elder care on island, encourage
affordable housing.
7. Infrastructure: to improve road conditions, expand/complete the
sewer system, to upgrade lighting, signage, landscaping, and
stormwater.
Threats
1. Overpopulation/Unfettered Development: rezonings to increase
density, oversized homes impacting older neighborhoods, loss of
"small town" character.
2. Impacts of External Development: excessive development/traffic
generation from Virginia Key and causeway development.
3. Degradation of the Environment: beach erosion, pollution, and the
loss of biological diversity, open space and scenic beauty.
4. Traffic/Mobility/Parking: congestion and delays related to the single
island accessway, increased traffic, safety problems.
5. Village Government: unresponsive, bureaucratic, over -restrictive,
fiscal limitations, lack of intergovernmental coordination.
6. Loss of Community Character/Identity: degraded aesthetics, loss of
community spirit, factionalism, excess tourism/visitation.
7. Hurricanes/Natural Threats: lack of preparedness, failure to evacuate,
power failures, storm surge.
8. High Cost of Living: ever -escalating property values and taxes are
perceived as a potential threat to the quality of life and socioeconomic
diversity of the community.
9. Schools: lack of high school, overcrowded classrooms.
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10. Crime/Illegal Activity
The input received through the SWOT exercises, and the resulting areas
of community consensus identified in the above summary, provided the
"raw material" for the articulation of the Key Biscayne 2020 Vision
Statement, which follows:
2020 Vision Statement
Key Biscayne in 2005: What We Value
Surrounded by parks, Biscayne Bay and the Atlantic Ocean, the Village of
Key Biscayne enjoys outstanding natural beauty, a compelling sense of
place, lush landscaping, and a unique small-town ambiance that leads
many residents and visitors to call it "Island Paradise". Our close
proximity to metropolitan Miami -Dade County allows us to enjoy the best
of both worlds: a sense of separateness as a serene, secure island
sanctuary coupled with convenient access to services, activities and
amenities on the mainland.
Our relaxed island style is evident in our people, our active lifestyles, and
our shared enjoyment of living "across the bridge" in a close-knit, nurturing
community. The Village is a vibrant and interactive place made more
interesting by our cultural diversity, neighborliness and commitment to
fellowship and community spirit.
The Past as Prologue: Aspirations and Accomplishments
The Village of Key Biscayne was incorporated on June 23, 1991 to
provide for local control over development, improved infrastructure and
services, and better governmental process. We adopted a charter,
elected our first Village Council (then called the Board of Trustees), hired
a manager, and built our local government from scratch. In turn, we
established fire -rescue, police and other departments and adopted zoning
and other municipal codes.
In 1995, after years of public education and participation, we adopted our
first Master Plan. Our Master Plan identified deficiencies and provided for
many needed or desired improvements. Because of our early vision,
planning and follow through, we now enjoy excellent fire -rescue and police
services, a debt -free Village Green, an architecturally distinguished Civic
Center complex including a well -used Community Center, more local
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parks, a renourished beach with protective dune system, a vastly
improved stormwater drainage system, an expanded K-8 public school,
street -by -street tree plantings and landscaping, street lights and pavers,
sidewalks, landscaped traffic calming devices, reduced Village -wide speed
limits, and the lowest millage rate of any municipality in Miami -Dade
County.
2020 Vision Statement: Keeping the "Village" in our
Village
Now, a decade after adopting our Master Plan, we are developing our first
Master Plan Evaluation and Appraisal Report, as required by law. As an
interconnected exercise, we also are developing this Vision Statement as
the first part of a Vision Plan for 2020. Recognizing that the 1995 Master
Plan benefited from prior years of study, visioning and community
participation, we sought extensive public input for our 2020 Vision,
engendering lively debates.
We speak about "Keeping The `Village' in Our Village". This means that
we wish the Village to retain the intrinsically positive qualities described
herein. Our 2020 Vision is meant to supplement our Master Plan by
communicating our values and goals and by suggesting strategies and
actions to achieve those goals. By implementing our Vision Plan, in the
ensuing years through 2020 we will have:
Community Character and Quality of Life
• Maintained our small-town, island character by managing the scale
and density of development on a neighborhood -by -neighborhood basis.
• Enhanced our streetscapes, parks, civic realm and open spaces with a
well -maintained subtropical plant palette suited to our island.
• Practiced responsible stewardship of our natural environment by
protecting our tree canopy, natural habitats, beaches, dunes, and
nearshore water quality.
• Expanded our array of passive parks, open spaces and active
recreation facilities through carefully directed property acquisition and
redevelopment, to include small-scale neighborhood parks, a restored,
protected Calusa Park with improved pedestrian access, additional
playing fields and bikeways and trails.
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• Enhanced local high -quality education from early childhood programs
to lifelong learning for adults, in close coordination with public and
private schools.
• Expanded our cultural facilities, activities, special events and historic
preservation efforts, and provided a physical setting for a cultural
center, theater and local history museum.
• Maintained extremely high levels of quality and responsiveness in our
government departments, including police, fire and emergency medical
services.
• Worked effectively with the State of Florida, Miami -Dade County and
the City of Miami to influence and mitigate the impact of new
development on Virginia Key and of visitors to the regional attractions
and parks that surround the Village.
• Expanded and improved visual and physical access to Biscayne Bay
and the Atlantic Ocean.
• Recognized the positive economic impact of tourism and the role of
hotels in providing amenities to residents and as community partners.
Sustainable Community Structure
• Encouraged redevelopment of outdated commercial areas to preserve
and expand local -serving retail and professional businesses and
services in well -designed, accessible and interconnected centers.
• Attained safe, pleasant and convenient pedestrian and cycling linkages
between neighborhoods, schools, parks, civic and recreational sites
and commercial properties.
• Established a well -integrated vehicular transportation system that:
- provides for maximum safety considerations;
- successfully manages traffic congestion from residents, day visitors,
workers, and special events;
- reduces local use of automobiles by encouraging pedestrian,
bicycle and golf cart transport;
- expands transit use, including off -island bus routes and on -island
shuttles;
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- incorporates well -designed and constructed traffic calming
applications;
- improves local access to Crandon Boulevard commercial areas
from Fernwood Road; and
- includes a proactive street maintenance program.
• Upgraded our infrastructure where feasible and affordable by
expanding sewer service in areas formerly served by septic systems,
by replacing antiquated water pipe systems, and by burying overhead
utilities.
People and Relationships
• Encouraged volunteerism and community involvement, and included
citizens as active participants in civic affairs and community service.
• Provided our multi -generational community with rich civic, cultural,
recreational, and educational opportunities for children, youth, adults
and seniors.
• Promoted effective and respectful communication among residents
who have different opinions.
• Encouraged and provided programs and solutions by which young
adults and senior citizens can remain residents of the Village.
Governance
• Operated our government in a transparent, respectful, responsive and
efficient manner, using innovative communication methods to raise
citizen awareness.
• Managed judiciously our tax revenues, public spending, debt and
capital projects, and identified clear criteria for spending priorities.
• Provided excellent public safety services for our residents and visitors.
• Maintained Village property and landscaping at high levels of
excellence.
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• Effectively engaged the City of Miami, Miami -Dade County and the
State of Florida on regional issues that influence the quality of life in
the Village.
• Partnered with the City of Miami and Miami -Dade County to implement
a Virginia Key Master Plan that ensures environmentally sensitive
development, a new high school, lighted playing fields, and traffic
mitigation along the Causeway.
Conclusion: Changes, Opportunities and Challenges
The 2020 Vision Statement is being drafted at a time of continued change
in the Village of Key Biscayne. The commercial properties at our Village
entrance, the oceanfront Silver Sands Motel, and various apartment and
condominium properties are susceptible to near -term redevelopment. The
ultimate use of the Village owned property facing Crandon Boulevard and
the Civic Center is undetermined. Starting in 2006, the existing Sonesta
Beach Resort will be demolished and rebuilt. Comprehensive new
development is planned for Virginia Key and must be closely monitored to
assure compatible uses and manageable Causeway impacts.
Without foresight and planning, many improvements we value and even
take for granted today may not have come about. We recognize the
successes that came from our previous planning efforts and we will
continue to plan and act for our best future. The attention we give to the
future strengthens our community today and helps instill in our children
and neighbors a valued ethic of citizenship. These are worthy goals in
themselves.
Change is both inevitable and not entirely predictable, and "Keeping The
`Village' in Our Village" is not necessarily assured. With this in mind, we
hope the vision and planning contained in this document will be of lasting
value to the Village by informing the decisions, and guiding the actions, of
future residents and Village Councils. Above all, we mean to preserve
those values, standards and ideals that define our vision of Island
Paradise.
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VILLAGE OF KEY BISCAYNE
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2. Community -Wide Assessment
a. Population Growth and Changes in Land Area.
The Miami -Dade County Department of Planning and Zoning (MDCDPZ)
identifies Key Biscayne as an area of moderate growth in comparison to
other municipalities in the County. According to the U.S. Census, the
population of Key Biscayne increased from 8,854 people and 3,831
households in 1990 to 10,507 individuals and 4,529 households in 2000.
The additional 1,653 persons equate to a 19 percent growth in population,
or about 1.9% per year. By comparison, during the same decade the total
population of the County —the eighth largest in the nation by population —
increased by 316,268 individuals and 84,419 new households, a growth
rate of approximately 16%.
The University of Florida reported the 2004 population of the Village to be
11,160, producing an average yearly growth rate between 2000 and 2004
of 1.6 percent. This drop in the growth rate compared to the preceding
decade mirrors an increasingly limited supply of undeveloped land on the
island.
The average size of families in the Village increased from 2.85 persons
per family in 1990 to 2.99 persons per family in 2000; the average
household size grew from 2.31 to 2.47 over the same period. These
increases may be correlated to an overall worsening in traffic congestion,
presumed to be generated by an anecdotally reported increase in the
number of cars per household in the Village. According the state
Department of Motor Vehicles, the number of registered vehicles on in
January 2006 is 10,582. The Department is currently unable to provide
historical data for the purposes of comparison.2 However, the figure
provided may serve as the basis for a future study analyzing the patterns
in internally -generated traffic congestion.
Family households with children under the age of 18 grew from 939 in the
1990 U.S. Census, to 1,404 in 2000 (approximately 32% of the total
households), an increase of 465 families with children. Overall, the
population under the age of 18 years in the Village grew by almost 55%
2 According to the DMV, due to the prior configuration of its database, historic registered vehicle
counts derived from addresses or zip codes may be inaccurate. It was possible for a vehicle to
mistakenly be counted more than once: the address field was associated with the customer, not
to the vehicle record; therefore, if a customer changed his or her address more than once in a
calendar year, the vehicle record would have been double -counted.
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VILLAGE OF KEY BISCAYNE
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between 1990 and 2000 (from 1,646 to 2,547). Today, children under the
age of 18 years represent 24.2% of the total population. This trend has
burdened the capacity of local schools and is critical to short, medium, and
long term educational facility planning. To address this problem, in
February 2003, Key Biscayne signed an interlocal agreement with Miami -
Dade County Public Schools and 24 municipalities to coordinate region -
wide educational facilities planning, site selection and acquisition, and
construction.
The percentage of people over the age of 65 has dropped over the past
ten years. Whereas in 1990, persons 65 years or old comprised 17.2
percent of the population, in 2000 they were 15.6 percent. Despite its
overall decrease in percentage of total population composition, the aging
population continues to be particularly affected by the island's limited
supply of affordable housing —Key Biscayne's long-term elderly residents
are often not able to afford the increase in taxes when they attempt to
downsize—and evacuation during tropical storms and hurricanes. To
address the latter issue, in early 2006, a committee will convene to
address the vulnerability of residents during and after severe storms.
Comprised of residents and the led by the fire chief, it will emphasize
assisting the elderly and others who may have restricted mobility and
health needs.
Census figures support a related trend anecdotally reported by residents:
formerly transient apartments and condominiums once occupied by
retirees and empty -nesters are now occupied by families who live in Key
Biscayne year round. A comparison of the percentage of total households
in 1990 and 2000 comprised of a person age 65 or older living alone
dropped from 9.1 to 8.9, respectively.
Key Biscayne's population growth has caused only very minor changes in
land area, given the municipality's finite land resources and minimal
amount of vacant land.
b. Ethnicity and Race Components.
The 2000 U.S. Census describes the racial makeup of the Village as
95.46% White, 0.46% African American, 0.01% Pacific Islander, 0.14%
Native American, 0.92% Asian, 1.49% from other races, and 1.52% from
two or more races.
In the year 2000, 49.79% of the Village's population was classified as of
Hispanic origin of any race. This represents an increase of 38% or 1,441
persons of Hispanic or Latino origin since 1990.
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It is noteworthy that, as recently as 1980, there was no majority group in
Miami -Dade County. Rather, there were three large ethnic groups: non -
Hispanic Whites, Hispanics and Blacks. However, this balance began to
shift, and became very evident in the 1990s. In 2000, Miami -Dade County
was the first and only county in Florida with a Hispanic majority (57%).
Although Key Biscayne has not yet crossed that threshold, it is very close.
Table 1: Ethnicity Change in Key Biscayne and Miami -Dade County, 1990-2000
Ethnicity
1990
2000
Key Biscayne
Miami -Dade Co.
Key Biscayne
Miami -Dade Co.
White (Non -Hispanic)/%
4,897/55%
585,607/30%
5,059/48%
465,772/21%
Black (Non- Hispanic)/%
36/<1%
369,621/20.5%
28/<1%
427,140/20%
Other (Non -Hispanic)/%
131/1%
28,459/1%
190/2%
68,713/3%
Hispanic%/
3,790/43%
953,407/49%
5,236/50%
1,291,737/57%
Total
8,854
1,937,094
10,513
2,253,362
Sources: U.S. Census Bureau, 1990 and 2000 Census, 2003 Miami -Dade County EAR
Over 54%, or 5,723 persons, of the 2000 Key Biscayne population were
born outside the U.S.—although 46% of that number comprised
naturalized or native citizens. Of those born abroad, 76.6% were natives
of Latin America.
Table 2: Nativity and Place of Birth, 2000
Key
Bisca ne
%
Increase
`` ��r � 4,eit �`- S � i 1`
.,*^�R. 5p , .'1 ,u.£51-ace}ar+ 3` .G�
� .,.�il+3 ��.,.> ; ./ i�r�"✓:r2�'sh ...� mi mss
s� 7ti ,��� 5a r�;
`Yi „-{'s�3 ^Y�',%+ ,Y > ^` yf
� ,�r�r€z�is��� .z� r'
=.z`'�`. < tiE",° x,754
.^.ev f"Y4" � '.i`�s-�
ohs
se>, .€"r'i
-. ..y - xu4'-r'
..,
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.d'r ,vbi
$;
Bo2 T�- - ='z ns"'* wyc 7".`"a Rx�7 *:'
''es tiF
s ---,%;
-,% l7n'
rv'Bor[
R5:` n?6::$ Yn$' µa..L.°:' "
outside, � t. ,^:%"` _
,-.- s .. 4 i.n4;,;e.">-,. ,..
' D: -
_.
„_ _, TTtFy:^i
� ',i.. c=5rr; s
Naturalized citizen
2,224
21.2
Not a citizen
3,054
29.2
Total
10,477
Sources: 2000 U.S. Census, ePodunk
Nearly 59% of the total population of Key Biscayne speaks Spanish at
home, but only 14.4% of these described their command of the English
language as less than proficient, according to the 2000 U.S. Census.
c. Population Projections.
This EAR will rely primarily on population projections generated by
MDCDPZ. The projections were updated in 2003 to reflect Census 2000
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VILLAGE OF KEY BISCAYNE
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data, and were used by Miami -Dade County in the preparation of its own
EAR, adopted in 2003 as the basis for the County's Comprehensive
Development Master Plan amendments.
According to the Miami -Dade County EAR, the 2003 projections were
developed in the same manner as previous series with births, deaths, and
net migration treated separately first, and then combined to arrive at the
totals used in this report. As in all projections, assumptions are made
about a number of factors, in particular those related to net migration flows.
Based on observable trends, countywide immigration, comprising mostly
foreign migrants, is expected to be a constant and to remain at fairly high
levels.
For Key Biscayne, the projections generated by MDCDPZ indicate that,
while the population will continue to increase in the county as a whole, the
local rate of growth will trend toward zero after 2010 as the Village
approaches build -out capacity (estimated at approximately 5,800 dwelling
units at current zoned densities. Using average family size reported by
the 2000 Census, the build -out population would be approximately 17,400.
Using average household size, the build -out population is projected to be
14,326).
Table 3: Annual Average Change, Population Projections for
Key Biscayne and Miami -Dade County, 1990 to 2025
Area
Change
1990-00
Change
2000-03
Change
2000-10
Change
2010-15
Change
2015-20
Change
2020-25
Remaining
Capacity
Population
at Capacity
Key Biscayne
166
216
109
-35
0
0
0
11,425
Miami -Dade Co.
31,608
29,729
29,792
30,366
31,014
32,320
30,778
3,050,563
Source: Miami -Dade County Department of Planning and Zoning, Research Section, 2003.
Table 4: Population Projection Comparison Between
Key Biscayne and Miami -Dade County
2000
2003
2010
2015
2020
2025
Key Biscayne
10,507
11,160
11,600
11,425
11,425
11,425
Increase
--
647
440
-175
0
0
Percent Increase
--
6.2%
3.9%
-0.98%
0
0
Miami -Dade County
2,253,362
2,342,551
2,551,283
2,703,114
2,858,184
3,019,785
Increase
--
89,189
208,732
151,831
155,070
161,601
Percent Increase
—
3.9%
8.9%
5.9%
5.7%
5.7%
Source: 2000 Census; Miami -Dade County Department of Planning and Zoning, Planning Research, 2003.
Reaching build -out capacity does not imply that no further development
will take place. Rather, as the Village arrives at this stage, future growth
will occur in the form of redevelopment. Therefore, the Village should
seize opportunities to guide this redevelopment in a manner consistent
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with the community's vision relating to desired scale and character, and
explore ways to retain and enhance existing, and introduce new, activities
that expand the self-sufficiency of the Village.
d. Extent of Vacant and Developable Land.
In 1995, there were 86 acres of vacant land according to the 1995 Key
Biscayne Master Plan. No land has been annexed since that time —Bill
Baggs Cape Florida State Park extends along the entire southern border
of the island community; Miami -Dade County's Crandon and Calusa Parks
span the entire northern edge; Biscayne Bay fronts the western border;
and the eastern border faces the Atlantic Ocean —and today all of those
original vacant lots have been developed or have permits for
development.3
The Village, though almost entirely built out, is slightly below capacity by
measure of densities permitted by the Land Development Code. This gap
is not large enough to allow any major increases in density, but the
composition of the Village will continue to evolve as older housing stock is
knocked down and replaced by larger dwelling units, a trend evident today.
Examination of residential certificates of occupancy records indicates that
since 1997 approximately 26 new residential units per year have been
built either on vacant lots or in place of demolished units (See Table 5).
Since there are no vacant lots remaining as of March 2006, all future new
construction will occur in the form of replacement of older units. If the
average rate of replacement remained constant, the stock of original
housing would be completely replaced by around 2047.4
While the density of units is presumed to remain relatively constant, the
population could continue to increase in the single family realm since
many existing, modestly sized, residential structures are being
redeveloped into substantially larger homes containing additional
bedrooms. Although no study has been conducted to evaluate the actual
occupancy of these units, if each bedroom were filled, the Village's
population could increase significantly, with potentially dire consequences
on the demand for infrastructure and services.
3 A sizeable parcel -9.5 acres —of formerly vacant land along Crandon Boulevard (previously
known as the "Tree Farm") has been dedicated as Public Recreation and Open Space in the form
of the Village Green. A bandstand and gazebo were added to the Village Green in 2000. Today,
this open space serves as the primary location for most of the holiday and other special events
celebrated by the community throughout the year.
4 There are approximately 1300 single and duplex lots in the Village. Since 1997, 232 units on
those lots have been replaced, leaving 1068 units of the original housing stock. Dividing 1068
units by the average rate of replacement, 26 units per year, yields a duration of approximately 41
years until the residential character completely shifts from small-scale to large-scale development.
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Table 5: Key Biscayne Residential Certificates of Occupancy, 1995 - 2005
Year
Single Family
Duplex
Total
Permits
1997
3
0
3
1998
22
0
22
1999
32
0
32
2000
35
0
35
2001
40
2
42
2002
22
0
22
2003
30
1
31
2004
22
1
23
2005
19
3
22
Total
225
7
232
* As of February 13, 2006; Figures represent new construction on vacant land or following complete
demolition.
Source: Village of Key Biscayne Department of Building, Zoning and Planning, February 2006.
Any redevelopment of the two largest and most influential developments
of residential composition over the past ten years —the Grand Bay
Residences and Ritz -Carlton Hotel (799 units) and Ocean Club (1,032
units) —would be subject to a rigorous approval process by the Village
Council, who is required to comply with state -mandated density
restrictions for Coastal High Hazard Areas.5 The Village inherited the two
Developments of Regional Impact from Miami -Dade County when it
incorporated in 1991. Setting a precedent for density allowance, the
Village immediately and successfully pursued the reduction of the projects'
permitted capacity on the basis of insufficient parks and recreation space
and an undue burden on infrastructure.
Due to natural market forces, there has been little new construction on the
Village's 25.8 acres zoned for low -intensity commercial use, and minimal
redevelopment of its approximately 400,000 square feet of existing
commercial space since the adoption of the Master Plan in 1995 (See
Table 6). One noteworthy exception is 200 Crandon Boulevard, known as
Key Colony Place. In the process of being completed as of March 2006,
the shopping plaza will incorporate pedestrian -oriented design features
promoted by the Village.
5 Key Biscayne's designation as a Coastal High Hazard Area not only prevents the Village from
increasing permitted density in its Land Development Code, but also indicates it would be unwise
for the Village to encourage redevelopment to meet permitted density.
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Table 6: Key Biscayne Commercial Building Permits, April 2000 — April 2005
Year
New
Construction
Complete
Demolition
Other
Permits
(renovations,
additions, etc.)
Total
Permits
2000
3
1
40
44
2001
1
0
48
49
2002
2
1
46
49
2003
1
3
26
30
2004
1
0
31
32
2005
0
0
7
7
Total
8
5
198
211
Source: Village of Key Biscayne Department of Building, Zoning and Planning, May 2005.
e. Location of Development in Relation to Master Plan.
All new construction and redevelopment since 1995 has occurred in
accordance with the Future Land Use Map and designations adopted in
the Key Biscayne Master Plan. There have been three amendments to
the Future Land Use section since the Master Plan was adopted:
• Ord. 95-8 amended densities permitted within the "Medium
Density Multifamily and Ocean Resort Hotel" land use category
in the Master Plan, separating the tabulation of density for
multifamily residential uses and hotel uses located on the same
lot.
• Ord. 97-17 amended the land use designation on the Future
Land Use Map from Medium Density Single Family Residential
to Two Family Residential for seventeen parcels of real
property on Fernwood Road specified in an appendix
(Ordinance 97-17).
• Ord. 2000-1 amended the Future Land Use Map for the
property at 800 Crandon Boulevard by removing it from the
"Office" category and placing it in the "commercial" category.
Commercial development along Crandon Boulevard since the 1995
Master Plan includes the Pankey Institute along the east side of the entry
block and the following along the west side: Suntrust Bank at 500 Crandon
Boulevard (10,750 square feet), Wachovia Bank at 100 Crandon
Boulevard (4,426 square feet), Ace Hardware commercial/office building
at 800 Crandon Boulevard (8,000 square feet). As of this writing,
construction of Key Colony Place (28,000 square feet), a new commercial
complex located at 200 Crandon Boulevard, is in progress.
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A new Fire Station, Village Hall (Administration/Police), and Community
Center have also been constructed during the past 5 years on the blocks
immediately south of the Village Green. This complex is now recognized
as the community's "Civic Center". The 1995 Master Plan projected that
the "Civic Center," planned to be located at the geographic center of the
community, would help establish linkages from the existing commercial
district and east -of -Crandon multi -family neighborhoods to the then Key
Biscayne Community School (now Key Biscayne K-8 Center) and its
surrounding single-family residences. The creation of the Civic Center
provided opportunities to implement urban design and architectural
practices and techniques that embody the strong sense of place and
unique identity and character of the Village of Key Biscayne.
The largest -scale projects in the Village have been the Ocean Club and
Grand Bay Residences and Ritz -Carlton Hotel projects6. Both are located
on the Atlantic Ocean, on the east side of the island, and are designated
as Developments of Regional Impact. The 38 -acre Grand Bay project,
consisting of two condominium towers, 49 detached residences, and what
is now the Ritz -Carlton Hotel for a total of 707 units, was completed and
the final Certificate of Occupancy was issued by the Village in 2001. The
Ocean Club, occupying 52 oceanfront acres, consists of 800 condominium
residences in six mid -rise buildings with four to seven stories (Lake Villas),
plus five high-rise buildings with 14 to 18 stories. The property also
includes a 5 -acre private lake, tennis club, beach club, cabanas,
restaurant, and other amenities. The Master Plan for The Ocean Club
was approved by the Village of Key Biscayne in July 1995. Four of these
buildings were permitted by the Village and built between 2001 and 2002.
Although some residential development has occurred as infill on vacant
platted lots, permit records indicate that the bulk of the Village's residential
construction is taking place on previously developed lots (refer to Table 5).
The 1995 Master Plan also recommended setback, height, minimum
pervious area requirements and other controls to mitigate the impact of
larger new construction (typically 3,500-4,000 sq, ft. 2 to 3 story houses)
on smaller adjacent homes (typically 1,200-1,500 sq. ft. 1 story houses).
However, these efforts to control bulk intersected with Federal Emergency
Management Agency (FEMA) rules concerning rebuilding of homes in
flood hazard areas. Increased enforcement of these regulations occurred
after Hurricane Andrew hit South Florida in 1992. For areas like Key
6 The projects are identified in South Florida Regional Planning Council records as Key Biscayne
Hotel and Villas, and Hemmeter/Continental Resort, respectively.
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Biscayne with an AE flood hazard rating, FEMA requires the first finished
floor of new construction to be elevated 5 feet above base flood elevation,
adding to the building height. Following Hurricane Andrew, while Key
Biscayne was still operating under the Dade County Code, there was a
frenzy of residential redevelopment in the Village. Much of it was
relatively massive in scale and constructed on fill, which resulted in a
disparities in elevation and stormwater runoff problems for the older
housing stock. When the Village adopted its own zoning code, it tailored
regulations to prevent this type of development from occurring.
While many long-time residents lament the loss of original, small-scale
Key Biscayne homes, they also realize that change in housing styles is
inevitable based on property values, to meet the needs of today's families
and to comply with FEMA regulations. The 1995 Master Plan and
subsequently enacted zoning code included provisions that afford owners
of older housing stock opportunities to expand their homes, recognizing
this may be the only feasible option for some. The zoning code also
contained incentives intended to reduce the bulk and lot coverage of
newly constructed residences.
f. Infrastructure Levels of Service.
1) Transportation
The Village of Key Biscayne sets forth Level of Service standards for
transportation in Objective 1.2 of the Master Plan's Capital
Improvements element. The timing of development will be regulated to
maintain the following peak hour LOS standards:
Arterial:
LOS "E"; LOS along Crandon Boulevard
could potentially fall slightly below "E"
near north Village limits
Collectors: LOS "B"
Local Service Streets: LOS "A"
The Crandon Boulevard Master Plan study, completed in February
2004, examined county -owned Crandon Boulevard, the only major
arterial in the Village of Key Biscayne (other local roads belong to the
Village). The study analyzed the usage patterns and volumes of
vehicular traffic along to determine if any deficiencies existed,
assessed the extent and nature of any deficiencies and recommended
appropriate geometric and operational improvements. The traffic
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analysis utilized the concept of level of service as the measure of traffic
performance.
Pursuant to classifications determined by the Florida Department of
Transportation' and the Transportation Research Board, Crandon
Boulevard must be maintained at a Level of Service D. According to
the Crandon Boulevard Master Plan, the arterial is in compliance at the
segment carrying the highest traffic load within the Village— the
Crandon Boulevard corridor north of the Crandon/Harbor Drive/Ocean
Lane signalized intersection —at three of the six signalized
intersections. Ocean Lane Drive itself is LOS B. However, the road's
remaining three signalized intersections operate at a Level of Service
E or worse during peak times of the day. According to the Crandon
Boulevard Master Plan, improvements, which are currently underway,
will elevate these deficient areas to meet or exceed state standards.
Crandon Boulevard and Harbor Drive will be improved from LOS E to
LOS D; Crandon Boulevard and Key Colony Entrance will be improved
from LOS E to at least an LOS D; and Crandon Boulevard at West
Wood Drive will be improved from an LOS F to at least an LOS D when
the Village completes its conversion of all roads earmarked in the
Crandon Boulevard Master Plan.
2) Sanitary Sewer and Potable Water
The Master Plan sets the following standards for the sanitary sewer
and potable systems in Objective 1.2 of the Capital Improvements
element.
Sanitary Sewers in Not to exceed 98% of County treatment
Sewered Areas: system's rated capacity. Average sewage
generation standard of 140 gallons per capita
per day.
Sanitary Sewers in
Unsewered Areas`*:
Potable Water:
Permit septic tanks only in compliance with
county and state standards.
Not to exceed 98% of County treatment and
storage system's rated capacity, with at least
20 lbs. per sq. inch at property line and
average 280 gallons per capita per day.
Source: FDOT Quality/Level of Service Handbook, November 2002, p 129.
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**The second standard for sanitary sewers (in unsewered areas) will
become obsolete when the Village completes its conversion of all
remaining residential parcels on septic to sewer.
Key Biscayne is identified in Miami -Dade County's 2003 EAR as a
Miami -Dade Water and Sewer Authority Collection Area. According to
Objective 2 of the MDC Master Plan Water and Sewer Sub -element
2.5.1, the County has guaranteed that it will maintain procedures to
ensure that any facility deficiencies are corrected and that adequate
facility capacity will be available to meet future needs; Key Biscayne
assists the County in achieving this endeavor by cooperating to
biannually update estimates of system demand and capacity.
According to the County's EAR, system -wide wastewater treatment
facilities have the capacity to process 352.50 million gallons per day,
which surpasses the average daily demand of 310.81 million gallons
per day. An evaluation of the projected rated system water capacities
and the estimated maximum demand shows that capacity is available
in Key Biscayne's service district through 2020 at a level that would
satisfy the Village's own service standards. See Table 7. However, to
ensure continued provision of adequate sanitary sewer service, the
County has allocated $1.3 billion in capital sanitary sewer projects.
Table 7: WASD Water System Capacity and Demand Comparison, 1995-2020
Year
Maximum Day 102 Pct. Of Max. Day Demand
Capacity (MGD) (MGD) for the Preceding Year
1995 427.60 396.78
2000 454.77 399.13
2005 495.03 451.55
2010 520.03 487.36
2015 563.03 517.34
2020 563.03 547.74
MGD = Million Gallons per Day
Source: Miami -Dade Water and Sewer Department
WASA operates three regional wastewater treatment plants in the
North, Central, and South Districts. Geographically, Key Biscayne falls
within Service District 2, "Central." However, according to the Miami -
Dade County EAR, the boundaries of the districts are flexible; the
system is interconnected, allowing flows from one district to be diverted
to other plants in the system. This flexibility, along with a significant
reduction in average flow into the regional system due to extensive
infiltration and inflow prevention work since 1994, has allowed the
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County to meet demands8 and is expected to permit the Village to
meet its own Level of Service Standards for sanitary sewer.
The potable water to Key Biscayne is circulated as part of an
interconnected County -wide system. Similar to the sewer system, the
Village cooperates with the County and other affected agencies to
estimate system demand and capacity.
According to Miami -Dade County's 2003 EAR, in 2003 the capacity of
the County's water system is 454.77 million gallons per day,
surpassing the average daily demand of 346.10 million gallons per day
and the Village's aforementioned Level of Service Standard. Miami -
Dade County currently has programmed $883 million in water capital
improvements projects to ensure its ability to continue to provide
capacity to meet system -wide existing and projected demand. The
County's programmed capital improvements and the Village's
continued prudent provision of land development regulations and the
concurrency system should allow for the Potable Water Level of
Service to be met.
According to the Miami -Dade County EAR, the County has continued
to maintain sufficient capacity in both the regional water and
wastewater system to meet demand. Levels of Service standards
have generally been met throughout the reporting period, and
additional policies under the objective have also exhibited progress.
Water Supply (with respect to the long-range water supply facilities
work plan of the South Florida Water Management District (SFWMD))
Chapter 163, Florida Statutes, requires the preparation of a 10-yaer
Water Supply Facilities Work Plan by local governments with water
supply facility responsibilities. Key Biscayne does not have water
supply facility responsibilities. However, it will comply by continuing to
participate in intergovernmental coordination efforts and amending the
Master Plan as necessary upon the adoption of the Lower East Coast
Water Supply Plan. In light of MDWASA's recently publicized
projected inability to meet long term demand of services, the Village of
8 Source: 2003 MDC EAR 2-152. In the mid -1990s, the County agreed to undertake more than
$1.169 billion worth of improvements to its wastewater treatment plants, transmission mains and
sewage collection system. Major improvements include construction of a new Biscayne Bay
sewer line, a force main interceptor in Flagler Street, a South Miami -Dade transmission main and
new mains in North Miami -Dade. The County is subject to fines of $10,000 per day if it fails to
complete the project on schedule.
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g.
Key Biscayne will closely monitor any updates to capacity, support
MDWASA in achieving its goals in any way feasible, and, if necessary,
explore alternative mechanisms and sources for the provision of water
and sewer.
3) Solid Waste Management
The Master Plan sets the following standards for solid waste in
Objective 1.2 of the Capital Improvements element.
Solid Waste:
County system maintains a minimum of 5
years capacity; Village use generation
rate of 5.2 lbs. per person per day.
Miami -Dade County is responsible for processing solid waste delivered
by a private hauler from the Village of Key Biscayne. It measures its
Level of Service based on a combination of factors: the annual
amount of waste processed at each County disposal facility; the annual
amount of waste disposed of at each County transfer facility; and the
amount of waste processed at private disposal facilities or exported out
of the County.
According to the County's EAR, the County has committed to
implement procedures to ensure that adequate solid waste facility
capacity will be available to meet future needs. Based on a facility
capacity analysis prepared by the Miami -Dade County Department of
Solid Waste Management in 1999, the three disposal facilities owned
and operated by Miami -Dade County through the year 2039 have the
capacity to adequately meet internally generated LOS standards until
2011. According to the complete capacity analysis conducted by
DSWM in 1999, Miami -Dade County in 2003 has some but not
complete capacity for disposing of projected waste streams until the
year 2032.
In April 2005, the Village increased revenues and appropriations for
expenditures between October 1st 2004 and September 30, 2005
within the solid waste fund. The new total of $545,162.00 was in
accordance with its new contract with its service provider.
Coordination of Land Use and Public School Planning.
Interlocal Agreement
In February 2003, Key Biscayne cosigned an interlocal agreement with
Miami -Dade County Public Schools and 24 regional municipalities.
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The agreement mandates semi-annual meetings attended by the
County Mayor or designated representative, the Mayor or designated
representative for each municipality, the School Board Superintendent
to coordinate educational facilities planning, including site selection
and acquisition, and construction. Furthermore, the committee
discusses issues and formulates recommendations
• Population and student projections;
■ Development trends; and
• A work program for five, ten, and twenty year intervals. This
includes the school district's relationship to local
government master plans, particularly as it relates to the
identification of potential school sites in the master plan's
future land use map series, schools needs (school capacity
and school funding), collocation and joint use opportunities,
and ancillary infrastructure improvements needed to support
the school and ensure safe student access.
Inventory of Local Schools
There is a total of five public and private schools in the Village of Key
Biscayne.
Key Biscayne K-8 Center9
• Public
• K -8th grade
Key Biscayne International Christian School
• Private
• Pre -K through 6th grade
St. Agnes Academy
• Private (Catholic)
• Pre -K through 8th grade
St. Christopher's By -the -Sea Montessori School
• Private
• Pre -School through 6th grade
MAST Academy
• Public magnet school focused on marine science and
technology; not physically in Village, but rather in Virginia Key.
• 9 -12th grade
9 Previously known as Key Biscayne Community School
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All high school students commute to schools outside of the Village
boundaries by public school bus, private vehicle, or private van service.
Coral Gables Senior High is the feeder pattern (default) public high
school for the Village. Students may apply for magnet public high
schools where admissions are merit -based and lottery. Applications
are made in the 8th grade for 9th grade admission. MAST Academy,
located on nearby Virginia Key, is a desirable magnet school whose
combined merit -based and lottery admissions process does not give
preference to Key Biscayne residents. Many students attend private
high schools located in Miami -Dade County.
Changes in School Demand
Key Biscayne's demand on the public school system at large is
growing. According to Census figures, the proportion of young children
in Key Biscayne is increasing: in 1990, five to thirteen year -olds
comprised 9.0 percent of the population, while in 2000 they made up
13.1 percent. Enrollment figures from Key Biscayne K-8 Center reflect
this trend. Total school enrollment for the 2005 through 2006 school
year is 1,028, up from 981 students during 2004-2005 and 976 during
2003-2004. To address deficient capacity (enrollment was at 155% of
capacity during the 2004-2005 school year and at 122% of capacity
between 2003-2004), the facility was expanded.
In October 2005, the Miami -Dade County Public Schools Department
and the City of Miami jointly announced an initiative to improve public
education in South Florida. Plans include the creation of a "commuter
high school" as part of the City's five year "Education Compact" to
address County -wide rapidly growing enrollment. Officials identified
Virginia Key as a potential site.
The next step is for the Virginia Key Master Plan committee to locate
six -acre parcels of land on Virginia Key suitable for a school. Key
Biscayne is fully engaged in this process: in addition to Key Biscayne's
current mayor's active involvement in high-level interlocal talks to
locate a high school on Virginia Key, the Village Manager is a member
of the group that selected the consultant of the Master Plan.
h. Coastal High -Hazard Area development mitigation strategies.
The Village of Key Biscayne is located within a Coastal High Hazard
Area that also is designated an AE flood zone. Section
163.3191(2)(m), F.S., requires that local governments "evaluate
whether past reductions in land use densities in coastal high hazard
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areas have impaired property rights of current residents where
redevelopment occurs."
Goal 1 of the Master Plan's Future Land Use Section states, in part,
"future residential development should be at the lowest densities
consistent with protection of reasonable property rights." Objective 1.1
follows that the Village must "maintain existing development and
achieve new development and redevelopment which is consistent with
the community character statement articulated as Goal 1."
The Village has almost no vacant land and only redevelopment is
anticipated to occur in residential areas. The island currently has four
single family residential zoning designations. Island Residential
includes 100 properties; Parkside Residential includes 51 properties;
Village Estate includes 247 properties; and Village Residential includes
932 properties for a total of 1330 single family residences. There are
three multi -family residential designations: Low, Medium, and High
Density. No density reductions adversely impacting property rights
have occurred or are projected to occur. However, the Village will
continue to deny any development applications that would serve to
increase density beyond what exists or is allowed by current zoning
and/or vested rights.
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3. Assessment of Master Plan Elements
a. Future Land Use
(1) Purpose of the Future Land Use Plan.
The purpose of the Future Land Use Chapter is to:
"...prioritize the protection and enhancement of the Village's
residential character, while remaining sensitive to the Key
Biscayne's natural and commercial resources."
(2) Summary Assessment
The Master Plan for Key Biscayne was adopted shortly after the
Village's incorporation. The Plan's Future Land Use section reflects its
effort to create a formal framework to protect and maintain its
residential character while complying with external standards. The
Master Plan was written prior to adopting zoning ordinances; therefore,
many of its policies are directives for the Village to include and enforce
specific provisions in the future Land Development Code. In all
objectives and policies where referenced, relevant language has been
incorporated into the Land Development Code.
There have been no recent major changes to the future land use map,
but new zoning categories have been added and used as necessary.
See Future Land Use and Zoning Maps (Figures 1 and 2) on the
following pages. There is no immediate foreseeable need for additional
zoning or land use categories as future growth is forecasted to be
minimal and consistent with current patterns.
The Village completed policies requiring an improvement of service
and the drafting and implementation of a plan with moderate success;
all of the projects are, at the very least, in progress. Amendments
should be made to adjust the deadlines to coordinate with revised
projected timelines.
(3) Amendments to the Future Land Use Section.
Ord. 95-8 amended densities permitted within the "Medium Density
Multifamily and Ocean Resort Hotel" land -use category in the
Master Plan, separating the tabulation of density for multifamily
residential uses and hotel uses located on the same lot..
Ord. 97-17 amended the land use designation on the Future Land Use
Map from Medium Density Single Family Residential to Two Family
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Residential for seventeen parcels of real property on Fernwood
Road specified in an appendix (Ordinance 97-17).
Figure 1: Key Biscayne Future Land Use Map
Future Land Use Categories
Waterfront Rec. and Open Space
Public Rec, and Open Space
Dune Restoration Area
Pedestrian Bicycle Way
Multi-Fam.-Ocean Resort Hotel
Two-Fam. Residential
Multi-Fam.-Low Density
' Mufti-Fam.-Med. Density
Multi-Fam.-High Density
Single Fam.-Low Density
Single Fam.-Med. Density
Public -Institutional
Commercial
F �yti
11111
Office
1.400 700 0 1,400 Feet
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Figure 2: Key Biscayne Zoning Map
Village Zoning
Public Rec. and Open Space (PROS)
Parks and Recreation
County and State Parks
Low Intensity Commericial (C-1)
11111 Low Intensity Office (0-1)
Institutional (I)
Government Use (GU)
Private Club (PC)
Hotel Resort (HR)
Village Residential (VR)
Village Estate (VE)
Island Residential (IR)
Parkslde Residential (PR)
Res, Multi -10 (RM-10)
Res. Multi -16 (RM-16)
Res. Multi -30 (RM-30)
PUD-1
PUD-2
1111 PUD-3
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(4) Evaluation of Goals, Objectives, and Policies of the Traffic Circulation
Plan.
See matrix on following page.
(5)
Future Land Use Plan Land Development Code Ordinances
Section 10-61(10): Adequate drainage paths shall be provided
around structures to guide stormwater runoff away from them.
Section 16-64(c): All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
Section 29 Stormwater Utility System: (1) The Village desires to
create a stormwater management system to maintain and improve
water quality, to control flooding that results from rainfall events, to
deter unmanaged rainwater from eroding sandy soils, to deter the
disruption of the habitat of aquatic plants and animals and to
provide for the collection of stormwater utility fees for those
expenses connected with the planning, constructing, operating and
maintaining of a stormwater management system.
Section 30-80(f)(6)h.2 Site Plan Review Procedures: A map of the
area showing where runoff presently goes and size, location,
topography and land use of off -site areas which drain through, onto,
and from the project.
Section 30-18(g): Drainage for all off-street parking facilities shall
meet the requirements of the Metropolitan Miami -Dade County
Planning, Development, and Regulation Landscape Manual.
Section 30-80(g)(4): Community services and utilities. All proposed
developments shall be designed and located in such a manner as
to insure the adequate provision, use and compatibility of
necessary community services and utilities. An adequate sanitary
sewer collection system including all necessary extensions and
connections, shall be provided in accordance with Village standards
for location and design. Where necessitated by the size of the
development and/or by the unavailability of Village treatment
facilities, sanitary sewage treatment and disposal systems must be
provided in accordance with Village and State standards and
regulations.
Section 30-80(g)(6): Level of service standards. For the purpose of
the issuance of development orders and permits, the Village has
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adopted level of service standards for public facilities and services
which include roads, sanitary sewer, solid waste, drainage, potable
water, and parks and recreation. All applicants are required to
prove concurrency pursuant to the Land Development Regulations.
Section 30-100: Minimum pervious area percentages for Single
Family and Two Family Districts; Grand Bay Villas and Estates.
Section 30-100(d): Lot elevation.
Section 30-100(f)(3)a.4: Mooring piles and dolphins may not extend
more than 20 feet from a dock. Mooring piles and dolphins on
Biscayne Bay shall not extend more than 25 feet from the bulkhead.
Section 30-100(f)(3)a.5: No dock shall extend from a bulkhead into
any canal, lake, or waterway a distance greater than ten feet, or ten
percent of the width of the waterway, whichever is less.
Notwithstanding the foregoing, no dock or mooring pile shall extend
into Biscayne Bay a distance of more than 25 feet from the
bulkhead.
Sec. 30-163. Level of service standards. For the purpose of
concurrency determinations, the Village has adopted a master plan
that provides the LOS for public facilities and services: roads,
sanitary sewer, solid waste, drainage, potable water, and parks and
recreation. All developments that are subject to a finding of
concurrency must be consistent with these standards. (Ord. No.
2000-5, § 2, 5-9-00)
Section 30-230(f): (The purpose and intent of establishing landscape
standards is to:) Contribute to the processes of air movement, air
purification, oxygenation regeneration, ground water recharge,
stormwater runoff retention, while aiding in the abatement of noise,
glare, heat, air pollution and dust generated by impervious areas.
Drainage Plan: Unless the Village Engineer determines that major
drainage improvements are not feasible due to existing
improvements on the property, site plan submittals shall contain a
separate paving and drainage sheet(s) containing the following:
Details of the proposed drainage system, including drainfield cross
sections and lengths, catch basin types and sizes, designated
retention, detention area cross sections, and the like.
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Goals, Objectives,
and Policies
Element
Implementation Status
FUTURE LAND USE
Future!:
community. Development policiesshould protect residential character. Goal I Achieve desired community character; Ke Biscayne should be
residential
Future
residential development should be at the lowest densities consistent with t
protection of reasonable property rights. Hotels should be permitted in order li
toprovide ocean access opportunities and respect an established land use
pattern; however, they should be modest in size so as to not overpower the.
community's residential character. Other commercial development should be '
sized to meet the needs ofresidentsand hotel guests. Office development 1
should be limited to the minimum amount practical in light of existing
development patterns.
Land Development Code
reference
Policy 1.1 1
By statutory deadline or sooner, enact and enforce land development cod
consistent with the Future Land Use Map (FLUM)
Implemented: Ongoing. At the time of adoption of the Master Plan the
Land Development Code was based on County Zoning However, VKB
Single Family -Residential (SF -R) and remaining zoning distncts were
amended on 10/24/00 and 5/9/00, respectively to be made consistent with
the Master Plan
Policy 1 1 2
Until adoption of a Land Development Code (LDC), regulate development according
to the FLUM, including specified land uses, densities and intensities
Implemented.
Policy 1.1 3
By statutory deadline or sooner, enact and enforce provisions governing
subdivisions, signs and floodplain protection consistent with the Master Plan (MP)
Implemented. See below
Subdivision regulations.
Implemented. VKB uses the County's subdivision regulations
Sign regulations
Implemented. Sign regulations were based on County standards until
they were amended to meet the needs of the VKB on 5/9/00 and again on
5/20/02
Ordinances Section 28
Signs
Floodplain protection provisions.
Implemented. Floodplain regulations are based on FEMA requirements
as specified in the Master Plan Additionally, the LDC was amended on
10/24/00 to establish maximum lot elevations for SF -R
Ordinances. 30-100(d).
Policy 1.14
Establish a street tree master plan_
Policy 1 21
Implemented. See below
By statutory deadline or sooner, enact and enforce land development code
standards and incentives to achieve new development, renovated development and
or redevelopment that meets high signage, landscaping, circulation/parking and
other standards.
Implemented. Humcanes Katnna and Wilma damaged many of the trees
planted as part of the Village's Street Tree Plan
Al! new development, renovated development and redevelopment consistent with
FLUM.
Implemented. At the time of adoption of the Master Plan, the LDC was
based on County Zoning However, VKB Single Family -Residential (SF -
R) and remaining zoning districts were amended on 10/24/00 and 5/9/00,
respectively, to make the LDC consistent with the MP.
Sign regulations.
Implemented. Sign regulations were based on County standards until
they were amended to meet the needs of the VKB on 5/9/00 and again on
5/20/02
Landscaping requirements.
Implemented. Onginally based on County code, Landscape Regulations
were amended on 5/9/00 and again on 6/11/02 to meet the needs of the
VKB.
Parking requirements
Goal 2 Protect and enhance the residential, commercial, resort, and natural resource
areas of the Village.
Policy 2.1.1
Implemented. Onginally based on County code, Parking Regulations
were amended on 5/9100 to meet the needs of the VKB
Cooperate with County to complete financial and engineering plan for sanitary sewer
extension.
In progress. Re -designed along with replacement for 1120 lines. Project
completed and goal to be met by 2008
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Policy 21 2
Policy 2 2.1
Policy 2 2 2
Policy 2 2 3
Complete plan by 1998
Begin implementation as soon as possible to complete implementation by 2008
Enact and enforce installation requirements to ensure effective functioning of septic
and drain fields
Policy 2 3 1
Policy 2 3 2
By statutory deadline or sooner, enact and enforce provisions regarding on -site
drainage detention, runoff, erosion, minimum pervious open space, swale
maintenance, and drainage level -of -service (LOS) standards
Policy 2.4.1
Activate stormwater utility assessment based on Drainage Master Plan (DMP) by
1998 and update DMP as necessary in accordance with Objective 1 1 of the
Infrastructure Element.
Implemented: ongoing.
Policy 2.4 2
Policy 2.5.1
Policy 2.5.2
Enact concurrency management system for development permits that meets 9J-
5.0055 for infrastructure, recreation, and traffic.
In progress.
In progress.
Implemented. Based on DERM requirements
Enforce flood damage prevention regulations to ensure that new development
occurs at appropnate elevations to minimize flood impact.
Implemented: ongoing.
By statutory deadline or sooner, enact and enforce provisions regarding on -site
drainage detention, runoff, erosion, minimum pervious open space, swale
maintenance, and drainage level -of -service standards
Implemented: ongoing.
Implemented.
Annually assess population densities and transmit significant changes to MDC
OEM.
Policy 2-6.1
By statutory deadline or sooner, enact and enforce land development code
provisions for sewer and stormwater facilities.
Designate candidates for historic preservation and draft a strategy for preservation
of some or all of these structures.
Not implemented.
Policy 2.7.1
Do not vacate road nghts-of-way (ROW) without first determining that the ROW is
not necessary to accommodate future storm and/or sanitary sewer facilities
Implemented: ongoing.
Ordinances- 30-230(1), 10-61
(10), 30-80(f) (6) h 2
Regulate development according to the FLUM and consistent with Interagency
Hazard Mitigation Team Report, FEMA 955 -OR -FL, 1992
Implemented: ongoing.
Implemented: ongoing. NSFR reported monthly to Census Bureau.
Implemented: ongoing.
Attempt to maintain and improve water quality of Biscayne Bay by implementing
DMP, replacing septic tanks with sanitary sewers, land development code
provisions for on -site stormwater detention and manna pump -out facilities, and
coordination with Biscayne Bay Shoreline Development Review Committee.
Implemented.
Ordinances 30-230(f), 10-
61 (10), 30-80(f) (6) f, 30-
80(f) (6).h 2, 16-64(c),30-100,
30-181(9); 30-80(g) (6)
In progress. Septic tanks are in the process of being replaced with
sanitary sewers and new water pipes. The Viflage is in the grant -raising
phase of the project.
Ordinances: 30-
100(f).(3).a.4; 30-
100(f).(3).a.5
Ordinances: Chapter 29; 30-
80(g).(4); 30-163;
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b. Traffic Circulation
(1) Purpose of the Traffic Circulation Plan.
The purpose of the Traffic Circulation chapter is to:
"...provide a transportation system that meets the circulation
needs of Key Biscayne in a safe and efficient manner but does
not adversely impact the quality of life of the residents."
(2) Summary Assessment.
The Traffic Circulation section addresses elements of Key Biscayne's
vehicular, pedestrian and transit issues on both the local and regional
levels. In several cases, the policies are initial steps toward problem
solving; e.g. the completion of an exploratory plan, the inclusion of
provisions in the LDC or the completion of a project's first phase. To
date, the Village has implemented or is in progress with the majority
of the policies. The Crandon Boulevard Master Plan was completed
in February of 2004 and construction is underway; the most recent
Ocean Lane Drive public workshop was conducted on October 17th
2005 and addressed the issues of parking, beach, access and public
safety; and a bike, pedestrian and streetscape plan is in progress for
Harbor Drive, Fernwood Road, and West Mashta Drive.
However, the Traffic Circulation section will need to be updated to
address a developing issue identified during the 2020 visioning
process: an increase in internally generated traffic congestion.
According to anecdotal evidence, the number of cars per household
on Key Biscayne is trending upward. (According the state
Department of Motor Vehicles, the number of registered vehicles in
January 2006 is 10,582. The Department is currently unable to
provide historical data for the purposes of comparison.10 However,
the figure provided may serve as the basis for a future study
analyzing the patterns in internally -generated traffic congestion.)
10 According to the DMV, due to the prior configuration of its database, historic registered vehicle
counts derived from addresses or zip codes may be inaccurate. It was possible for a vehicle to
mistakenly be counted more than once: the address field was associated with the customer, not
to the vehicle record; therefore, if a customer changed his or her address more than once in a
calendar year, the vehicle record would have been double -counted.
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(3) Amendments to the Traffic Circulation Plan.
Ord. 2004-05 approved the creation of the Crandon Boulevard
Master Plan Implementation Committee (created to oversee and
ensure the completion of the CBMP throughout its three phases).
(4) Evaluation of Goals, Objectives, and Policies of the Traffic Circulation
Plan
See matrix on following page.
(5) Traffic Circulation Plan Land Development Code Ordinances.
Section 30-181: Location, Character and Size of Required Parking
Spaces
Section 30-100(0(4): Driveway and Parking criteria. Regulates 1)
points of access 2) driveway materials 3) setbacks and 4) width
Section 30-100(f)(4).c: Setbacks. All driveways shall be set back at
least five feet from any side property line. All circular driveways
shall be set back at least two feet from any front and/or property
side street property line. On corner lots, driveways shall be set
back 15 feet from the extended right-of-way Intersection.
Section 30-100(f)(4).d: Width. A maximum width of 24 feet is
permitted for single family and 36 feet for two-family homes for a
lot with 75 feet or less of frontage at the property line. For all other
lots the width of a driveway or combination of driveways at the
point of intersection with the right-of-way shall not exceed the
lesser of 36 feet or 32 percent of the lot's frontage, including side
street frontage on corner lots.
Section 30-181(n) Location, Character, and Size of Required
Parking Spaces: Curb cuts. All curb cuts shall conform to the
design and construction standards required by the Public Works
Supervisor.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Goal 1
Policy 1 1 2
Policy 1 1 3
Policy 1 2 1
Use future land use and zoning maps to limit commercial and office development to
artenal frontage and Harbor Dnve collector street frontage from Fernwood Road to
Crandon Boulevard except for ocean resorts
Partially implemented. Only 2 properties do not front Crandon- 21 and
51 Crandon Dnve, they front Harbor Dnve
Policy 1.31
Policy 1.4.1
Use LDC to prohibit ROW encroachments through setback requirements.
Implemented.
Ordinances: 30-100(f).(4) c;
30-100(f) (4) d
Policy 1.4 2
Policy 1.51
Complete bike, pedestnan and streetscape plan for Harbor Dnve, Femwood Road
and West Mashta Dnve by 1999. Include these streets and West Wood Drive in a
speed control planning and implementation plan
Implemented. Complete by 2005.
Policy 1 5.2
TRAFFIC CIRCULATION
To provide a transportation system that meets the circulation needs of Key
Biscayne in a' safe and efficient manner but does not adversely impact the
quality of life of the residents.
Policy 1 1 1
Regulate timing of development it maintain at least peak hour level of service
standards for arterials (LOS "E"), collectors (LOS "B"), and local service streets
(LOS "A")
Implemented: ongoing. Density limited by ordinance to current level
By statutory deadline or sooner, enact and enforce LDC standards regarding
roadway access and on -site traffic flow and parking
Street improvements designed to deter speeding on collector streets
Work with MDC Planning Department and Metropolitan Planning Organization to
limit intensity of development on Causeway and Crandon Boulevard in order to
maintain an adequate traffic level of service
Use LDC standards and LDC review process to reduce number and width of existins
curb cuts on Crandon and Harbor by 10%
Achieve first phase implementation of this plan on Harbor Dnve by 2004.
Implemented: ongoing. Ong rally based on County standards, parking
regulations on 5/9/00 to meet the needs of the VKB
Implemented: ongoing . The Village has implemented a senes of traffic
calming devices on collector streets and reduced the speed limit to 20
mph on all roads except Crandon Boulevard, which is operated by the
County Ocean Lane Drive is in the design phase of receiving new
sidewalks, stnping and paving
Implemented: ongoing. Adopted Virginia Key and Calusa Park
agreements
Implemented. See above Objective 1 4
Implemented.
Ordinances: 30-181(n)
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46
VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
c. Housing
(1) Purpose of the Housing Plan.
The purpose of the Housing Plan is to:
"...Assure the availability of a sound and diversified housing
stock in Key Biscayne."
(2) Summary Assessment.
Objectives and Policies in the Housing Section address either the
appearance and quality of the housing stock or the diversification of
what is available. Since the time the Plan was written, the Key
Biscayne real estate market has experienced a steady increase in
demand while maintaining a finite supply of vacant and
redevelopable land. Therefore, while the market has naturally
addressed most issues regarding appearance and quality, the
diversification and affordability of residential property has lessened.
Policies addressing these latter issues have either not been
implemented or, when implemented, have not successfully produced
the intended results. The Village intends to continue working with
other jurisdictions on the issue as well as define and promote
affordable housing of a type and a price range consistent with Key
Biscayne local market and general market conditions.
(3) Amendments to the Housing Plan
None.
(4) Evaluation of Goals, Objectives and Policies of the Housing Plan.
See matrix on following page.
(5) Housing Plan Land Development Code Ordinances
Section 30-100 (e): Setback Regulations (minimum)
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Goal 1
HOUSING
To assure the availability of a sound and ddiversified housing stock in Key
Biscayne.
Policy 1 1 1
Policy 1 1 2
Group Homes. Accommodate as many small group homes and foster care facilities
as possible in residential areas
Implemented. Existing mixed density east of Crandon Boulevard Grand
Bay SF -R and Ocean Club MF-R zoning distracts added to LDC
Periodically review permitting and regulatory processes in the LDC to ensure prompt
and professional development permitting process
Policy 1 21
Policy 1.31
Policy 1 3 2
Policy 1.4.1
Policy 1 4 2
Designate candidates for histonc preservation based on age, architecture and
function, and draft a preservation strategy
Not implemented. See above Objective 1.5.
Policy 1.5.1
a'
ra
The Village Manager shall enforce County minimum housing standards code or
appropriate modified code enacted by Council
Implemented: ongoing. The County's codes are used
Use LDC setback/bulk standards and DMP to assure stable residential
neighborhoods
Implemented. The Village originally used Filemaker Pro manual permit
system and had no permit time schedule However, it converted to
Permits Plus to upgrade processing and established a timeline for permit
processing
By statutory deadline or sooner, permit group homes and foster care facilities with
consideration to humcane evacuation constraints
Not implemented.
Implemented. Originally based on County code, ordinances decreasing
FAR and increasing sideyards for SF -R were adopted on 10/24/00
Communicate with private and non-profit housing agencies to assure that Village
policy information flows to housing providers
Not implemented. The Village has not communicated with any non-profit
housing agencies
Policy 1.6.1
Policy 1.7.1
Policy 1 7 2
Cooperate with any developer using County or other subsidy mechanisms
Village manager or designee will inform Village Council of appropriate actions that
encourage the provision of adequate sites for affordable housing in nearby
communities with land values that can reasonably accommodate such housing
In progress.
Implemented: ongoing. No developer has called to date, but if one did
the Village would be willing to cooperate.
Vigorously enforce the existing code to ensure no housing becomes substandard.
Implemented: ongoing.
By statutory deadline or sooner, enact or enforce LDC regulations for building
height, setback and other regulations that facilitate aesthetically pleasing upgrades
to existing housing stock.
Ordinances 30-100(e)
Implemented. Ongrnally based on County code, VKB ordinances are
enforced at several points of review, required at formwork, stemwall and
construction completion.
Ordinances: 30-100(e)
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48
VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
d. Infrastructure
(1) Purpose of the Infrastructure Plan.
The purpose of the Infrastructure Chapter is to:
"...Provide and maintain the public infrastructure in a manner
that will ensure bay water quality, and public healthy, safety, and
quality of life for Key Biscayne residents."
(2) Summary Assessment.
The Infrastructure section of the Master Plan provides policies to
address deficiencies in 1995 levels of service as well as anticipated
future needs related to drainage; sewage; solid waste; water and
sewer; and water conservation. The Village has, at minimum, begun
implementation in all areas. However, unforeseen conflicts (e.g.
hurricanes) have delayed completion dates for several objectives and
policies beyond the scope of the timeline specified in the Master Plan.
The Plan will need to be updated to accurately reflect current
completion projections.
(3) Amendments to the Infrastructure Plan.
None.
(4) Evaluation of Goals, Objectives, and Policies of the Infrastructure Plan.
See matrix on following page.
(5) Infrastructure Plan Land Development Code Ordinances
Section 8-100:8-108: Water Shortage Regulations
Section 30-230(a): Promote xeriscape by encouraging the use of
drought -tolerant landscape materials, grouping of plant material by
water requirement and the use of irrigation systems that conserve
the use of potable water supplies.
Section 30-232: Required Landscape Plans
Section 30-234: Required Irrigation Plans
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
;INFRASTRUCTURE
Goat 1 To provide and maintain the public infrastructure in a manner that will insure ,
bay water quality, and public health, safety, and quality of life for Key
Biscayne residents.
Policy 1 1 1
Policy 1 1 2
Policy 1 1 3
Policy 1 21
Mitigate direct stormwater outfalls as technically and economically feasible into
Biscayne Bay and canals to meet standards set forth in Objective 1 1 above
By statutory deadline or sooner, enact and enforce provisions regarding on -site
drainage detention, runoff, erosion, minimum pervious open space, swale
maintenance, and drainage level -of -service standards in order to meet requirements
as outlined by Objective 1 1 above
Policy 1 2.2
Policy 1 31
Policy 1 3 2
Policy 141
Activate the storm water utility assessment as a basis for bonding for the first phase
of drainage plan implementation by 1998 Update DMP as needed to ensure
efficacy and upgrade of storm sewer system as outlined in Objective 1 1 above
Implemented: ongoing.
Cooperate with State of Florida Health and Rehabilitative Services (FHRS) and
MDC Department of Environmental Resources Management (DERM) to ensure
effective functioning of septic tanks and drain fields.
Policy 1.4 2
Policy 1 4 3
Assess cost-effectiveness of replacing County collection system with one or more
pnvate systems by 1996
Implemented.
Initiate recommended changes in the solid waste collection and recycling system by
1999
Policy 1 4.4
Policy 1 4 5
Implemented. ongoing.
Implemented. ongoing. Originally based on County code, ordinances
were amended to meet needs of the VKB, specifically, a 30 percent open
space requirement was implemented for SF -R on 10/24/00 and general
retention of runoff requirements were implemented on 5/9/00
Complete financial and engineenng feasibility plan to extend sanitary sewers to
unsewered areas by 1998, and complete implementation by 2008
In progress.
SeweredAreas: County -wide "maximum day flow" of preceding year shall not
exceed 98% of County treatment system's rated capacity. The sewage generation
standard shall be 140 average gallons per capita per day
Implemented: ongoing.
Implemented: ongoing.
Ordinances: 8-100:8-108
230(a); 30-232, 30.234,
Policy 1.51
Policy 1.5 2
Policy 1 5 3
Unsewered Areas. The LOS shall be receipt of a DERM septic tank permit
Potable Water. County -wide "maximum day flow" of preceding year shall not
exceed 98% of County treatment system's rated capacity. Minimum pressure of 20
lbs./sq in at property line and consumption standard of 280 avg
gallons/capita/day
Drainage. Nonresidential development and redevelopment accommodate runoff to
meet Federal, state and local requirements Stormwater is treated in according to
Chapter 17-25 and Chapter 17-302.500, F A C , with one inch of runoff retained on
site
Solid Waste County solid waste disposal system maintains a minimum of five
years capacity using a generation rate of 5.2 pounds per person per day.
Implemented.
Policy 1 5.4
Implemented.
Ordinances- 30-230(f), 10-
61 (10), 30-80(f) (6) f; 30-
80(f) (6).h 2, 16-64(c),30-100,
30-181(g); 30-80(g) (6)
By statutory deadline or sooner, enact and enforce LDC regulations including water
conservation -based imgation, water conservation -based plant species, lawn
watenng restrictions, mandatory use of ultra -low volume water saving devices for
substantial rehabilitation and new construction, and other water conservation
measures as feasible.
Promote education programs that discourage waste and conserve potable water
Implemented: ongoing.
Implemented: ongoing.
Implemented: ongoing.
Cooperate with MDC Water and Sewer Authonty (WASA) to devise a water tracking
consumption separate from customer billings or other sources
Cooperate with WASA efforts to ensure the potable water distribution system shall
reduce water loss to less than 16% of the water entering the system
In progress: ongoing.
Implemented: ongoing.
Implemented: ongoing.
Implemented: ongoing.
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50
VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
a Conservation and Coastal Management
(1) Purpose of Conservation and Coastal Management Plan.
The purpose of the Conservation and Coastal Management Chapter
is to:
"...Preserve and enhance the significant natural features in Key
Biscayne; to conserve and manage the environmental resources
and man-made uses in the coastal area of the Village; and to
minimize human and property loss due to hurricanes."
(2) Summary Assessment.
The scope of the Conservation and Coastal Management section is
extensive. The Village has implemented or is in the process of
implementing policies and objectives in all sub -categories, with the
exception of historic preservation. No historic preservation policy to
protect Mackie homes or any other structures within Village limits has
been implemented because there are currently no structures that
meet the state or national age and significance requirements for
national historic designation.
(3) Amendments to the Conservation and Coastal Management Plan.
Ord. 2005-5 amended Section 30-102 Governmental use District of
Chapter 30 of the Land Development Code by adding a schedule of
permitted uses and regulations for public beaches.
(4) Evaluation of Goals, Objectives, and Policies of the Conservation and
Coastal Management Plan.
See matrix on pages 46-49.
(5) Conservation and Coastal Management Plan Land Development
Code Ordinances.
Section 10-23(1): Restrict or prohibit uses which are dangerous to
health, safety and property due to water or erosion hazards, or
which result in damaging increases in erosion or in Flood heights
or velocities
Section 10-42(f): Description of the type, extent and depth of
proposed fill and the elevation in relation to Mean Sea Level of the
top surface of the fill;
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Section 10-42(h): Plot plan, drawn to scale, illustrating the locations
of all proposed construction, fill, excavating, and other aspects of
the Development;
Section 10-44(d)(5): The necessity of the facility to a waterfront
location, in the case of a functionally dependent facility.
Section 10-61(10): Adequate drainage paths shall be provided
around Structures to guide stormwater runoff away from them.
Section 10-63: Standards for Coastal High Hazard Areas (V -zones):
Located within the Areas of Special Flood Hazard are areas
designated as Coastal High Hazard Areas, which are denoted with
a "V" prefix on the Flood Insurance Rate Map. These areas, called
"velocity zones," have special Flood hazards associated with wave
action; therefore, the following provisions shall apply...:
Section 10-63(7): Protection of Sand Dunes and Mangrove
Stands. There shall be no alteration of Sand Dunes or Mangrove
Stands which would increase potential Flood damage.
Section 30-80(f)(6)f: Details of the proposed drainage system,
including drainfield cross sections and lengths, catch basin types
and sizes, designated retention/detention area cross sections, and
the like.
Section 30-80(f)(9)e: Demonstration that the proposed Development
will not adversely affect any endangered or threatened plant or
animal species, and will to the greatest extent possible, protect
natural areas, native species, potable water well -fields, and dune
systems, and will provide effective erosion control, and will protect
against hazardous waste.
Section 30-100: Island Residential (waterfront) District
Section 30-100(b): Development Regulations
Section 30-100(e): Setback Regulations (minimum)
Section 30-100(0(11): Pavers and walkways in Side and Rear
Yards. Pavers or other walkway material may be placed within the
Side or Rear Yard so long as they do not materially affect the
drainage characteristics of the area. The maximum width of the
walkway is five feet but in no instance shall the Setback be less
than four feet.
Section 30-100:30-112: Schedule of District Use and Setback
Regulations
Section 30-102(e): Permitted Recreational Activities. Subject to the
approval of a Beach Management Plan pursuant to subsection (f)
and the supplementary regulations in subsection (g) the activities
as described below shall be considered Main Permitted Uses on
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
lands within the GU District which are seaward of the Erosion
Control Line (as identified in Section 1.03 of the Village Charter)
where such activities occur as ancillary and supportive of principal
uses conducted on the upland contiguous privately owned
property.
Section 30-102(g)6: None of the permitted activities including the
storage of any equipment shall be maintained or conducted within
five feet of the dune as defined pursuant to Section 161.54, Florida
Statutes, or within 15 feet of the waterline, unless overnight
storage on the public beach is approved pursuant to a Beach
Management Plan.
Section 30-103: Hotel Resort District
Section 30-107(d)(8): Construction or subsequent operation of any
new or expanded marina shall not destroy or degrade hammocks,
pinelands, salt marshes, mangrove protection areas, seagrass,
hard bottom communities, or habitats used by endangered or
threatened species, unless approved by the appropriate regulatory
agencies.
Section 30-160: Purpose of Concurrency Management The purpose
of this article is to ensure that the infrastructure necessary to serve
new Development is Available concurrently with the impacts of that
new Development. Impact is measured against the adopted
minimum acceptable levels of service with respect to: (a) roads, (b)
sanitary sewer, (c) solid waste, (d) drainage (e) potable water and
(f) parks and open space.
Section 30-230(f): Contribute to the processes of air movement, air
purification, oxygenation regeneration, ground water recharge,
stormwater runoff retention, while aiding in the abatement of noise,
glare, heat, air pollution and dust generated by impervious areas.
Section 30-235(f): Removal of trees on public lands. No trees shall
be removed from any public land including, but not limited to
Rights -of -Way and swale areas, without the approval of the
Building, Zoning and Planning Director.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
CONSERVATION AND COASTAL MANAGEMENT (Conservation and Coastal
Management goals, objectives and policies are combined because they are
complimentary. )
Goal 1 To preserve and enhance the significant natural features in Key Biscayne.
Policy 1 1 1
Policy 1 1 2
Policy 1 21
Policy 1 2 2
Policy 113
Maintain compliance with traffic LOS standard thereby avoiding congestion that
would adversely impact air quality
Implemented: ongoing. Crandon Boulevard improvements and plans
for Harbor Drive at the Village entrance have addressed congestion and
air quality issues
Control emissions from all hazardous waste facilities to comply with Lowest
Achievable Emission Rates, including vapor control systems to control hydrocarbon
emissions at gas stations
Policy 1 31
Policy 1.3 2
Implemented: ongoing. Through intergovernmental coordination, the
Village supports Miami -Dade County's efforts to improve air quality
Based on capital cost implications of DMP, activate the stormwater utility
assessment as a basis for bonding by 1998 Update DMP to upgrade storm sewer
system to meet standards of Objective 1 1 of the Infrastructure Element
Implemented.
By statutory deadline or sooner, enact and enforce LDC provisions regarding
detention, runoff, erosion control, pervious open space minimums, swales, drainage
LOS, beach dune protection and other land protection measures
Village police will report speeding violations in manatee protection areas to County
and State manne police, and publicize the MDC manatee telephone hotline to the
public.
Implemented: ongoing.
Policy 141
Policy 14.2
Refer any development permit applications for storage of hazardous waste to MDC
By statutory deadline or sooner, enact and enforce estuarine waterfront protection
provisions in the LDC in accordance with state of Flonda Department of
Environmental Protection (FDEP) and waterfront policies of DERM.
Implemented: ongoing.
Ordinances: 10-44(d) (5);10-
63(7),30-107(d).(8)
Village Manager shall design and promulgate specific management techniques to
ensure effective enforcement of FEMA regulations. Flood damage prevention
regulations shall be enforced by the Village.
Implemented: ongoing.
Policy 1.5.1
Policy 16.1
Contact DERM if any adverse impact is observed relative to the limited sea grass
beds in adjacent Bay waters.
Implemented: ongoing.
By statutory deadline or sooner, enact and enforce land development provisions to
minimize light on beach areas where sea turtles nest
Implemented: ongoing.
Enact and enforce and emergency water conservation based on South Florida
Water Management District (SFWMD) model ordinance and requirements.
Implemented: ongoing.
Implemented: ongoing.
Ordinances 10-23(1),10-
61(10), 10-63(7); 30-
80(f) (6) f, 30-80(f) (9) e, 30-
100(b), 30-102(e), 30-
100(t) (11), 30-102(g) 6, 30-
160, 30.230(f), 30-235 (f)
Implemented: ongoing.
54
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Policy 17 1
Cooperate with US Army Corps of Engineers (ACE) for beach renounshment as
necessary to minimize damage to offshore grass flats, terrestnal and manne animal
habitats and dune vegetation_
Implemented: ongoing. Related ordinances were passed as a result of
the Long Range Beach Renounshment Plan (1997) Ordinance 2002-6
amended Sec 30-100(f)3) Docks and Moonng Piles It regulated docking
facilities within single family distncts so as to prevent projects detrimental
to the equitable, safe, and adequate navigation of all waterways in the
Village
Policy 1 7 2
Limit permits (within Village Jurisdiction) for beach restoration or renounshment
borrow areas to those that do not negatively affect offshore reefs or grass flats
Implemented. ongoing. Addressed in Long Range Beach
Renounshment Plan (1997)
Policy 1 7 3
By statutory deadline or sooner, enact and enforce LDC provisions requinng
minimum building setbacks from the ocean Prevent encroachment on beach front
according to the Dune Restoration Area of the RUM and the Coastal Construction
Control Line
Implemented: ongoing.
Ordinances Section 30 -
100 30-112
Policy 1 7 4
Prohibit dredging or filling that would result in the destruction of grass/algae flats,
hard bottom or benthic communities within Village limits
Implemented. This applies only in canals or in natural harbors (e g
Humcane Harbor, within the Yacht Club) The Village limits end at
shoreline on Bayside. Measured at high tide, the beach along the Atlantic
seaward is property of the State Bayside water is County property up to
the southern portion of the island, where it is national parkland
Policy 1 7 5
Prohibit deposit of solid waste or industrial waste that create a health or
environmental hazard
In progress.
Policy 1 7 6
Maintain standing as a bird sanctuary, and prohibit destruction of any bird except by
those persons with a valid permit for scientific purposes issued by the US Fish and
Wildlife Service.
Implemented. Cape Flonda State Park/Bill Baggs is officially recognized
as a bird sanctuary
Policy 1 7.7
Require all new shoreline development affecting marine habitats to be reviewed by
DERM
Implemented: ongoing. The Village has received preliminary approval
by DERM
Policy 1.7 8
Give preference to salt tolerant landscaping over traditional materials in the
enactment of the landscape requirements of the LDC.
In progress. The Village adopted County regulations to address
landscaping, but has amended them to meet its needs An amendment
passed on 5/9/00 required 30 percent native plant matenals to be used
Policy 1 7.9
Prohibit and require eradication of invasive species on all sites of new and
redevelopment projects.
Implemented. The Village used County regulations to address invasive
species, but has amended its ordinances to meet local needs On 5/9/00
the Village adopted and has subsequently enforced six regulations to
respond to this issue.
Policy 1.7.10
Coordinate with County and FDEP in monitoring coastal waters and sediments.
Implemented: ongoing. The Village has created a volunteer beach
dean -up program that coincides with a national annual coastal clean-up
effort.
Policy 1 7.11
Cooperate and comply with Federal, state and county programs and mandates
regarding dockside pump out facilities.
Implemented: ongoing.
Policy 1.7.12
Promote beautification with an annual clean-up drive for the beaches and
shorelines.
Implemented: ongoing. The Village has created a volunteer beach
dean -up program that coincides with a national annual coastal clean-up
effort.
Policy 1.7.13
Enact and enforce an emergency water conservation plan, through a water shortage
ordinance consistent with SFWMD.
In progress.
Policy 1.7.14
Officially designate DERM mangrove areas within the Village (see Figure V-1, Data
and Analysis) as environmentally sensitive lands which shall be protected from
development unless their ecological value is replaced via mitigation.
In progress.
Goal 2
po conserve and manage the environmental resources and man-made uses in
he coastal area of Key Biscayne.
Policy 2.1.1
By statutory deadline or sooner, enact and enforce zoning districts based on Multi-
family Residential, Ocean Resort Hotel, Waterfront Recreation and Open Space
Land Use Ptan categories, and consistent with density limits in the FLUM.
Implemented: ongoing. Using the County as its base model for
Zoning Districts, the Village added two new categonzations on 5/9/00:
PUD and Hotel Resort (HR), both of which offer incentives. The Public
Recreation and Open Space District is also available should the Village
own or have a long term lease (5 years or longer) on a parcel and desire
to use the land for public recreation or open space purposes.
These districts permitted
Beach Park public access.
Policy 2.1.2
New water -dependent uses shall meet specified criteria incorporated in LDC by
statutory deadline or sooner.
Implemented. After using County code as its model, the Village recently
adopted a resolution for beachfront activities in May of 2005.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
By statutory deadline or sooner, enact and enforce minimum oceanfront setbacks,
including protection of the proposed dune system, as part of the LDC
Implemented' ongoing.
Ordinances 30-100, 30-103
Policy 2 2.1
Policy 2 2 2
Policy 2 2 3
Policy 2.41
By statutory deadline or sooner, enact and enforce dune development and
vegetation requirements as part of the LDC in conjunction with any new beachfront
development and redevelopment
Policy 2.5.1
Evaluate the need for and efficacy of alternate financing methods for beach
renounshment and dune development by 1996
Policy 2.5 2
Designate candidates for historic preservation based on age, architecture and
function, and draft a preservation strategy.
Not implemented. There are no historic structures older than 50 years
and therefore none that meet the requirements of the National Register
Enforce an existing development agreement with a private property owner to provide
beach access open to the general public
Implemented. ongoing
Implemented ongoing Between 1995 and 2002, the Miami -Dade
County Department of Environmental Resource Management included
Key Biscayne as one of three areas targeted for beach restoration
projects According to the M -D EAR, Key Biscayne had 63 6 acres of
beach restored
Implemented. The Village has an agreement on an easement with the
Grand Bay Resort
Contribute to the improvement of Biscayne Bay through implementation of DMP,
replacing septic tanks with sanitary sewers tied into the County system and/or
upgrading of septic tank and drainfield standards, mandating on -site stormwater
detention and manna siting standards according to Infrastructure Element and this
Element.
Contribute to the improvement of Biscayne Bay water quality through cooperation
and consultation with the Biscayne Bay Shoreline Development Review committee,
FDEP and the NPS.
Goal 3 To minimize human and property loss due to hurricanes.
Policy 3.1.1
Policy 3.12
Policy 3.21
Policy 3 2.2
Limit funding of public infrastructure expansion if the effect is a direct subsidy to a
specific private development in the Village
Objective 3.1 and Policy 3.1 1 should not predude plans to extend sewer lines,
improve drainage facilities or reconfiguration of streets to provide adequate
infrastructure to serve Future Land Use Plan development or prior vested
development rights.
Maintain traffic LOS, based on FLUM, to achieve a reasonable hurricane
evacuation time.
Prepare a humcane emergency plan by 1995, based on the Humcane Andrew
experience and in concert with 1991 County Emergency Operations Plan and 1991
US COE humcane evacuation study.
In progress. Sanitary sewer project will be completed by 2008
Ordinances 10-63(7), 30-
80(f) (9) e , 30-102(g) 6, 30-
107(d) (8)
Not implemented.
Implemented: ongoing. The Village does not subsidize pnvate
development; it pays for its own infrastructure needs
Implemented.
Implemented: ongoing.
Implemented. In June 2001, the Humcane Information Manual was
adopted in order to assist Village residents to plan and prepare for a
humcane and its aftermath.
56
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Policy 3 3 1 Prepare a post -disaster redevelopment plan based on the Hurricane Andrew
experience and in consultation with the South Flonda Regional Planning Council
(SFRPC) and MDC OEM by 1996
In progress.
Policy 3 3 2 The adopted plan will specify that during post -disaster redevelopment, the Building In progress.
Department will distinguish between actions needed to promote public health and
safety with immediate clean-up and long term repair activities and redevelopment
areas
Policy 3 3 3 During recovery periods, use post -disaster redevelopment plan to reduce or
eliminate future exposure of life and property to humcanes, incorporate
recommendation of interagency hazard mitigation reports and recommend any
amendments to MP
In progress.
Policy 3 3 4 Unsafe conditions and inappropriate uses identified in recovery phase will be Implemented.
eliminated as opportunities anse
Policy 3 51
Policy 3 5 2
Policy 3 5 3
Policy 3 5.4
Policy 3 5 5
Policy 3.5.6
mplement concurrency management system with phased capital improvement
schedule to achieve and maintain LOS standards concurrent with the impact of
evelopment
By statutory deadline or sooner, enact and enforce LDC provisions requiring
minimum setbacks from the ocean and compliance with the CCCL regulations.
Enforcement of new residential construction at or above flood elevation specified by
FEMA, and new non-residential construction at or above flood elevation specified by
FEMA or in accordance with FEMA approved waterproof construction
specifications
By statutory deadline or sooner, enact and enforce LDC provisions limiting the
amount of fill added to a property in conjunction with development or redevelopment
to minimize stormwater runoff.
Monitor changes to and recommend County Emergency Operations Plan (EOP)
hazard mitigation reports as basis for amending MP and LDC as appropriate.
Reduce permitted population densities according to FLUM to coordinate with 1991
MDC EOP (local) and lower Southeast Florida Hurricane Evacuation Plan (regional)
Limit funding of public infrastructure expansion if the effect is a direct subsidy to a
specific private development in the Village.
Implemented: ongoing.
Implemented: ongoing.
Not implemented. Zoning in the LDC reflects the MP
Not implemented. The Village is maintaining levels, but not reducing
them.
Implemented: ongoing.
Ordinances: 30-100(e)
Implemented: ongoing.
Ordinances 30-230(f),10-
61(10); 10-42(f), 10-42(h)
Policy 3.6.1 By statutory dearAine or sooner, enact and enforce LDC standards to conform with Implemented: ongoing. Ordinances: 10-63
flood damage prevention regulations outlined by Conservation and Coastal
Management Policy 3.5 2.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
f. Recreation and Open Space
(1) Purpose of Recreation and Open Space Plan.
The purpose of the Recreation and Open Space Plan is to:
"...Provide a desirable level of public recreation and open
space facilities together with supplemental private recreation
and open space facilities."
(2) Summary Assessment.
Prior to and at the time of incorporation the Village was not in
compliance with the Miami -Dade County LOS standards for public
recreation and open space facilities. This deficiency was an
important catalyst in the move to incorporate. Since incorporation,
the Ocean Club and Grand Bay (approved for development prior to
incorporation) heightened the recreation and open space deficiency.
Since the Master Plan was adopted, the Village has attained
additional parks and recreation acreage. However, with the increase
in population, it has not been enough to raise the level of service to
meet its standard of 2.5 acres per person. The Village is currently
actively exploring its options and monitoring near- and medium -term
changes to its present state (e.g. its agreement with Miami -Dade
County for use of facilities Calusa Park expires in 2008); Upon
adopting a new program for acquiring parks and recreation space,
the Village will need to incorporate appropriate objectives and
policies into the Master Plan.
(3) Amendments to the Recreation and Open Space Plan.
None.
(4) Evaluation of Goals, Objectives, and Policies of the Recreation and
Open Space Plan.
See matrix on following page.
(5) Recreation and Open Space Plan Land Development Code
Ordinances.
Section 30-100(b): Development Regulations: Minimum Pervious
Area
Section 30-100(e):Development Regulations: Setback Regulations
Section 30-108: PROS Public Recreation and Open Space District
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
RECREATION AND OPEN SPACE
Goat 1 ' Provide a desirable level of public recreation and open space facilities
together with supplemental private recreation and, open space facilities.
Policy 1 21
Policy 1 31
Policy 1 3 2
Policy 1 3 3
Policy 1 3 4
Policy 1 3 5
Policy 1.4.1
By statutory deadline or sooner, enact and enforce as part of LDC minimum front,
side and rear residential setbacks and a no less than 30% pervious open space
minimum of total site area for the average single family residential site.
Ordinances: 30-100(b); 30-
100(e)
Policy 1.4 2
Policy 1.4.3
Policy 1 5.1
Policy 1 1 1
Enforce an existing development agreement with a private property owner to provide
beach access open to the general public as a condition for development approval
Implemented: ongoing. The Village offers FAR incentives for offering
beach access easements.
Seek joint use agreement with School Board to assure resident access to the
school's playfields
Reserve for recreation use all Village -owned land designated on the FLUM and seek
additional acreage to meet standard of 2 5 acres per 1,000 people permanent
population (concurrency/LOS standard) through purchase, long-term lease and/or
donation
By statutory deadline, conduct a feasibility study of obtaining additional sites
needed to achieve and maintain LOS standard
Continue to pursue acquisition (purchase or lease) of park land to meet LOS
standard outlined in Capital Improvement Schedule.
As acquisition of park tracts is assured, finalize detailed planning for facilities such
as ball fields, playgrounds and community center and initiate a phased
implementation plan
Explore a recreation impact fee to help finance acquisitions and improvements by
1994.
By statutory deadline or sooner, enact and enforce LDC zoning to implement
Waterfront Recreation and Open Space category to preserve open space uses such
as the beach club and yacht club. Pervious space requirement will be no less that
15% of entire site.
Evaluate the desirability of developing a village center in tandem with central area
public open space.
Complete an inventory of private and semi-public recreational facilities to finalize th:
plan described in Policy 1.3.3.
Implemented.
In progress. Although the Village still does not meet the standard of 2 5
acres per 1,000 persons, it has added parks and recreation space to its
roster (Village Green, Village Lake and Beachfront Parks, St. Agnes
fields) and has some prospects (Key Biscayne Presbytenan Church,
Village Civic Center Park)
Implemented.
In progress. As mentioned above, the Village is pursuing opportunities
with the Key Biscayne Presbytenan Church and an undeveloped parcel
adjacent to the civic center.
In progress. The Village has hired SWA consultants to assemble a
potential capital improvements list, including parks and recreation
projects. The committee comprised of resident volunteers is in the
process of prioritizing the projects based and estimating costs.
Not implemented.
Partially implemented. After using County code as the standard, the
Village passed setback and open space ordinances for SF -R on 10/24/00
However, it has not passed setback and open space requirements for
other districts.
Implemented: ongoing. After using County code as the standard, the
Village added a new district to its LDC on 5/9/00: Public Recreation and
Open Space.
Implemented. Key Biscayne is working toward creating a Village center.
The buildings have been completed, but the amenities are still under
construction.
Implemented.
Ordinances: 30-108
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
g. Intergovernmental Coordination
(1) Purpose of Intergovernmental Coordination Plan.
The purpose of the Intergovernmental Coordination Plan is to:
"Maintain or establish processes to assure coordination with
other governmental entities where necessary to implement the
Master Plan."
(2) Summary Assessment.
The Village has active relationships with Miami -Dade County and the
School Board to implement policies and objectives related to
education, parks and recreation, water and sewer provision, and water
quality. In certain cases, the Village has yet to meet its LOS standards.
However, as with the provision of sanitary sewer service, the Village is
jointly involved with the Miami -Dade Water and Sewer Authority in the
planning stage of the project; with the provision of adequate parks and
recreation space, the Village continues to keep open dialogue with
appropriate County agencies while simultaneously seeking alternative
means to provide adequate services to its residents.
(3) Amendments to the Intergovernmental Coordination Plan.
None
(4) Evaluation of Goals, Objectives, and Policies of the Intergovernmental
Coordination Plan.
See matrix on following page.
(5) Intergovernmental Coordination Plan Land Development Code
Ordinances.
There are no ordinances directly related to Intergovernmental
Coordination policies.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
INTERGOVERNMENTAL COORDINATION
Goal 1 To maintain or establish processes to assure coordination with other
governmental entities where necessary to implement this plan.
Policy 1 1 2
Policy 1 1 3
Policy 1 1 4
Policy 1 2 1
Consider and attempt to consummate the following intertocal agreements by 1999.
Policy 1.2 2
Policy 1.2.3
Policy 1.2 4
Policy 1.2.5
Policy 1 1 1
Monitor the MDC Comprehensive Plan process as County Plan is updated and
revised in conjunction with its Evaluation and Appraisal Review (EAR)
Implemented: ongoing. Where the County makes decisions that affect
the Village, such as on Virginia Key, in Crandon Park or at the
Seaquanum, the Village monitors its actions
Maintain active dialogue with School Board staff concerning any Village elementary
school plans
Use informal mediation process of SFRPC to resolve annexation and other conflicts
with other governmental entities
Review and compare proposed development in City of Miami and MDC with
proposed development of Village Comprehensive Plan; and, where appropriate,
respond at public heanngs, through memoranda, or through the SFRPC mediation
process
Extension of Sewers Coordinate and cooperate with appropnate County agencies.
Solid Waste Disposal Coordinate and cooperate with County Solid Waste
Management Department
Lease of Calusa Park. Village maintains park to benefit all County residents and
meet Village recreation LOS
Lease of Virginia Key Site(s) for Recreation. Village commits to develop and
maintain sites to meet Village recreation LOS.
Expansion of Calusa Park in to Crandon Park: Accommodate play fields to meet
Village recreation LOS (requires that Village petition MDC to modify its current plan
for Crandon Park).
Bill Beggs State Park: Agreement with FDEP to provide play fields to meet Village
recreation LOS (requires that Village petition state government agency to modify its
current plan for Bill Beggs State Park).
Key Biscayne Elementary School: Make playground available for Village use
Crandon Boulevard: Improved streetscape
Maintain dialogue with Metro -Dade Planning Dept. and other County agencies
relative to limiting land use intensity.
Assist in providing information regarding services such as waste, water, sewers,
transit and humcane response to residents
Improve Biscayne Bay water quality by the following:
Implementation of Master Drainage Plan.
Replacement of septic tanks with sanitary sewers tied into County system.
Mandating on -site stormwater detention.
Marna siting standards.
Improve Biscayne Bay water quality by coordination with BBSDRC, FDEP and
Implemented: ongoing.
Obsolete. The Village has not attempted to annex any land nor does it
foresee doing so
Implemented: ongoing.
In progress.
Implemented: ongoing.
Partially implemented.
Implemented. The Village is a member of the Virginia Key Master Plan
Committee, which is guiding the development of Virginia Key.
Not implemented. Although the Village still does not meet the standard
of 2 5 acres per 1,000 persons, it has added parks and recreation space
to its roster (Village Green, Village Lake and Beachfront Parks, St Agnes
fields) and has some prospects (Key Biscayne Presbyter
Not implemented. The agreement was rejected by the legislature
Implemented. The Village maintains the property in exchange for its use
during certain hours
Implemented. ongoing. The Crandon Boulevard Master Plan is in
Phase II of construction
Implemented: ongoing. Where the County makes decisions that affect
the Village, such as on Virginia Key, in Crandon Park or at the
Seaquanum, the Village monitors their actions.
In progress.
In progress.
In progress.
In progress.
Implemented. Ordinances specify the retention of runoff on -site.
Implemented.
Implemented: ongoing.
Policy 1.3.1
Monitor changes to LOS standards of Metro -Dade County and adjust own LOS
standards accordingly.
In progress.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
h. Capital Improvements
(1) Purpose of Capital Improvements Plan.
The purpose of the Intergovernmental Coordination Plan is to:
"...To undertake capital improvements necessary to provide
adequate infrastructure and a high quality of life, within sound
fiscal practices."
(2) Summary Assessment.
The Village has been diligent about implementing objectives and
policies in the capital improvements section, annually updating its
capital improvements budget, monitoring levels of service, and
adhering to Coastal High Hazard Area limitations.
The Village is examining the feasibility and implications of adjusting
the parameters of the debt cap requirements. Any change would be
included in a referendum in the November 2006 elections.
(3) Amendments to the Capital Improvements Plan.
None.
(4) Evaluation of Goals, Objectives, and Policies of the Capital
Improvements.
See matrix on following pages.
(5) Capital Improvements Plan Land Development Code Ordinances.
Section 30-160: 30-166: Concurrency Management
Section 30-163: Level of service standards: For the purpose of
concurrency determinations, the Village has adopted a master plan
that provides the Level of Service Standards (LOS) for public
facilities and services: roads, sanitary sewer, solid waste, drainage,
potable water, and parks and recreation. All developments that are
subject to a finding of must be consistent with these standards.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Policy 1 1 1
Staff and engineering studies to form basis for preparation of a 5 -year capital
improvement program, with one year capital budget, in order to further MP
elements
Implemented. The Village does a one year Capital Improvement Budget
and a fiscal budget every five years
Policy 1 1 2
Policy 1 1 3
Policy 1 1 4
Policy 1 1 5
Policy 1 2.1
Maintain the following peak hour LOS standards.
CAPITAL IMPROVEMENTS
To undertake capital Improvements necessary to provide adequate
infrastructure and a high quality of life, within sound fiscal practices.
Capital improvement program to include drainage facility program based on 1993
DMP
Public safety, quality of fife, LOS, redevelopment and Biscayne Bay enhancement
projects will be used as criteria for setting pnonties that include financial feasibility
or budget impact assessments
Maximize use of designated funds (such as drainage utility and sewer
assessments) in order to free general funds for other Village projects such as park
land acquisition and streetscape work
Pursue a prudent policy in terms of borrowing for capital improvements or other
purposes
Streets: Regulate the timing of development to maintain peak hour LOS standards
(Arterial: LOS "E", Collectors LOS "B" Local Service Streets: LOS A"). LOS along
Crandon Boulevard could potentially fall slightly below "E" near north Village limits.
Sanitary Sewers in Sewered Areas: Not to exceed 98% of County treatment
system's rated capacity. Average sewage generation standard of 140 gallons per
capita per day
Sanitary Sewers in Unsewered Areas. Permit septic tanks only in compliance with
county and state standards.
Potable Water. Not to exceed 98% of County treatment and storage system's
rated capacity, with at least 20 lbs. per sq. inch at property line and average 280
gallons per capita per day.
Drainage: Nonresidential development and redevelopment accommodate runoff to
meet Federal, state and local requirements.
Solid Waste. County system maintains a minimum of 5 years capacity; Village use
generation rate of 5.2 lbs. per person per day.
Implemented.
Partially Implemented. The Village does not enhance Biscayne Bay
because it is the County's responsibility
Recreation: Maintain a LOS standard of at least 2.5 acres of park land per 1,000
persons permanent population.
Implemented: ongoing. The Village does this as part of its Capital
Improvement Budget.
Implemented: ongoing.
Implemented: ongoing.
Implemented: ongoing.
In progress. The Village is in the planning stage of the process of
converting all non-sewered areas to sewer.
Implemented: ongoing.
Implemented: ongoing.
Implemented: ongoing.
In progress. Prior to and since incorporation, the Village has been below
a LOS standard of 2.5 acres of parks and recreation space per 1000
persons. However, the Village is in an ongoing pursuit to achieve this
goal.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Policy 1 31 Capital improvement program schedule shall not include projects that would achieve Implemented: ongoing.
significantly more intensive development than authonzed by this plan by directly
causing developer applications for Land Use Plan or zoning map amendments
By statutory deadline or sooner, enact and enforce a concurrency management
system that meets 9J-5 0055 as part of LDC
1. Measure conformance with LOS standards for water, solid waste and drainage,
recreation, and traffic
4. Administration
5 Project Impact or Demand Measurement
Implemented: ongoing.
Implemented: ongoing. The Land Development Code requires a
review of concurrency dunng every building permit application review
Implemented: ongoing.
Implemented: ongoing.
Implemented: ongoing.
Ordinances 30-160 30-166
Policy 1 51 The concurrency management system formulas shall include the public facility Implemented. Ordinances 30-163
demands to be created by the two DRI projects as "committed" and capital
improvement schedule shall include the project implications of this demand to
assure concurrency
Policy 1 5 2 Explore a recreational impact fee for all new development to help fund acquisitions Not implemented.
and improvements by 1994.
Policy 1 5 3 The Village shall not give approval to new projects that create need for expanded Implemented.
capital improvement unless the project pays a proportional share of the costs of
these improvements following legally prescribed criteria for such fees.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
4. Major Local Issues
In 1998, the State of Florida modified statutory requirements for the EAR,
permitting local governments to identify key local issues and use them as
the basis upon which to measure the performance of the Master Plan.
A subcommittee of the Village's 2020 Vision/EAR Committee —the EAR
Advisory Subcommittee —was delegated the task of identifying key local
issues to be addressed in the EAR. To this end, the subcommittee held a
series of meetings in May and June 2005, involving lively, exhaustive
dialogue among the members —many of whom were similarly involved in the
pre -incorporation work and the work preceding the Village's 1995 Master
Plan —as well as close coordination with the initial round of visioning
activities that led to the formulation of the Vision Statement.
The resulting set of major issues, described in the following pages, was
unanimously approved by the EAR Subcommittee and then by the 2020
Vision/EAR Committee at its June 15, 2005 meeting. The list was
subsequently ratified by the Village Council via Resolution No. 2005-28 on
July 5, 2005 (see Appendices). The list of issues was also shared with
adjacent local governments and State and regional agencies. The twelve
major issues are as follows:
Issue a: Definition, Preservation and Enhancement of Key
Biscayne's Unique Village Character and Quality of Life
Issue b: The Need for Additional Local Parks, Recreation Space
and Open Space
Issue c: Calusa Park, Crandon Park, Bill Baggs Cape Florida
State Park and Virginia Key - Interlocal Cooperation
Relative to Village Issues
Issue d: Implications of Redevelopment
Issue e: Traffic Volume, Operations and Safety
Issue f: Sustainability of Local Retail and Services
Issue g: Vulnerability to Damage from Tropical Storms and
Hurricanes
Issue h: Need to Improve or Replace Infrastructure
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Issue is Implications of Debt Cap
Issue j: Conservation, Coastal Management and Environmental
Protection
Issue k: Land Development in the Context of Master Plan Goals,
Objectives, and Policies
Issue 1: Historic, Cultural and Educational Resources and
Needs
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
a. Definition, Preservation and Enhancement of Key Biscayne's
Unique Village Character and Quality of Life
What are the defining qualities and conditions that give the Village of
Key Biscayne its unique identity and sense of place? What pressures
and conditions exist that may threaten the preservation and
enhancement of those defining qualities? In the face of
redevelopment pressures, escalating land and housing costs, and
ongoing demographic shifts, there is growing concern among the
community about whether the Village will be able to retain its small
town character, casual charm and ambiance, and diverse population.
(1) Assessment of success in implementing Master Plan
objectives related to issue.
Goal 1 of the 1995 Master Plan Future Land Use Element
attempted to summarize the community's view of the residential
character and quality it sought to preserve based on feedback it
received from a survey questionnaire mailed to 5,000 local
addresses. Complete results were included in the 1995 Master
Plan; excerpts are below.
• 84 percent of those who responded wanted residential
development to be at the lowest density possible,
consistent with the protection of reasonable property
rights;
• 84 percent also said they favored either no more retail
development or only "a very limited amount";
• 85 percent of the respondents felt the same way about
additional office development;
• 58 percent of the respondents wanted public beach
access although most wanted it limited to Village
residents. The majority of those stating an opinion
wanted a bay -front park;
• 61 percent opposed developments which place
apartments above retail uses;
▪ 74 percent favored some kind of architectural review
process.
The Village has closely followed and complied with the interrelated
goals, objectives and policies which complement the Master Plan's
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
definition of the desired community character. Among other things,
the Village (1) adopted land development regulations consistent
with the Master Plan, (2) retained professional and trained staff
and implemented procedures to enforce the adopted codes and
provide guidance to those seeking development approvals, (3)
acquired and improved the Village Green and other parks, (4)
negotiated set -asides for additional parks and open space, (5)
developed the Civic Center complex, including the Community
Center, (6) promoted communication through an interactive
website, community television and other means, (7) solicited
community involvement through advisory committees and
otherwise, (8) performed numerous streetscape and landscape
improvements, and other beautification measures, and (9) has
undertaken the 2020 Vision initiative. Experience, reflection, and
more active community involvement have enabled citizens to
produce a finer grained vision statement --that more accurately
reflective of the true Key Biscayne character and quality of life
valued by residents.
(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
The Crandon Boulevard Master Plan Citizen's Advisory Committee
held a series of visioning exercises to inform the street's design
concept. Results show that sentiment for the Village's character
has remained largely unchanged over the past decade: residents
want to preserve the human scale of the Village, the shady, often
native vegetation; the juxtaposition of elegance and relaxation; and
the breezy, ocean -side appearance.
In some respects, however, the Village's goals have evolved. For
example, public sentiment about retail needs and traffic circulation
appear to have changed, as reflected in the EAR public
participation and 2020 Vision SWOT exercises. This is
demonstrated through a commitment to traffic interconnection
between Fernwood Road and the commercial centers along
Crandon Boulevard, and between the commercial centers, that
was not evident in 1995.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
b. The Need for Additional Local Parks, Recreation Space and Open
Space
In spite of recent major initiatives to create new parks and recreational
facilities, the Village continues to have an unmet need within the
Village limits for recreational and open space amenities for the
existing residents —particularly the growing population base of families
with children. Deficiencies include passive parks, multi -purpose
playing fields, ball fields, neighborhood -scale parks, mini -parks, and
other recreational facilities. In addition, the Village, though located on
an island, has limited public access to Biscayne Bay and the Atlantic
Ocean. Given the near -built -out condition of the community and
escalating property values, the Village faces a number of challenges
in providing additional park sites, playing fields and other recreational
opportunities.
(1) Assessment of success in implementing Master Plan
objectives related to issue:
The Village's Level of Service standard for parks and recreation
space as measured by total acreage continues to be unmet.
Table 8: Key Biscayne Parks and Recreation Level of Service
Total Acreage
Parks &
Recreation
Space
Population
Level of
Service
Standard
(acres/1000
people)
Actual
Level of
Service
(acres/1000
people)
Shortfall
(acres)
1995
14.5
8,841
2.5
1.64
7.6
2000
21.8
11,190
2.5
1.96
6.2
Calculation of Level of Service in 1995
When the Master Plan was adopted in 1995, three facilities in Key
Biscayne contributed to the calculation of the level of service' :
the Crandon Boulevard Tree Farm, the Key Biscayne Community
School (now known as the Key Biscayne K-8 Center); and Calusa
" The Village is not able to include towards its acreage count Miami -Dade County's Crandon
Park to the north, the State of Florida's Bill Baggs Cape Florida Park to the south and the
privately owned, limited access 2.4 -acre Key Biscayne Beach Club and 4.5 -acre Key Biscayne
Yacht Clubs (both are within Village limits) because the facilities are neither under its jurisdiction,
part of an interlocal agreement nor, in the cases of the private clubs, openly accessible to the
general public.
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EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Park. According to the Master Plan, these three facilities together
totaled 14.5 usable acres, corresponding, in 1995, to a parks and
recreation level of service of 1.64 acres per 1,000 permanent
residents.
■ The first, the 9.2 -acre Crandon Boulevard "Tree Farm,"
was purchased in the early 1990s by the Village to serve
as the "Village Green," a passive recreation facility with a
playground and a path encircling multi -purpose use open
fields. By developing this facility, the Village partially met
Objective 1.4 of the Recreation and Open Space element,
which seeks to "achieve open space."
■ The second, Key Biscayne Community School,
provided the Village with 2.3 acres of recreational space.
Shortly following the adoption of the Master Plan, and
consistent with Objective 1.2 of the Recreation and Open
Space Element, the Village signed a formal joint use
agreement with Miami -Dade County Public Schools
regarding use of Key Biscayne K-8 Center's fields. The
Village's Parks and Recreation Department maintains all
of the school's grounds in exchange for public use of the
fields at the conclusion of the school day.
• The third facility, Calusa Park, which is inside the
Village's northern boundary yet part of Miami -Dade
County's Crandon Park, provided, among its 9.5 total
acres, 3.0 acres of usable playfields and recreational
facilities and 4.5 acres of mangroves and other vegetation.
The Village does not own the Park, but has an interlocal
agreement for its nonexclusive use with Miami -Dade
County12. At the time the Master Plan was adopted, the
Village anticipated expanding Calusa Park at its own
expense in order to provide additional acres of parkland
and space suitable for active recreation uses. However,
an agreement with the County was not reached since the
County was in the process of developing its own Crandon
Park Master Plan to determine future uses of park assets.
12 Through its interlocal agreement with Miami -Dade County, the Village of Key Biscayne Parks
and Recreation Department is responsible for administering the management of both Calusa and
parts of Crandon Park, including weekly inspections for maintenance and safety concerns.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Parks, Recreation and Open Space Changes between 2000-2005
The composition of the Village's parks, open and recreation space
has changed over the past decade. In accordance with
recommendations in the Master Plan,13 the Village
▪ Built a new community center on the northwest sector of the
Civic Center site;
■ Added the 2.8 -acre Key Biscayne Lake Park located at the
corner of East Enid Drive and Crandon Boulevard;
• Renovated and upgraded beach access at the 2.0 acre
Beach Park; the improvements are designed to concentrate
most of the activity along the beach in order to maximize
residents' access to the ocean.14
▪ Completed a beach renourishment project that added
approximately 11 acres of sand to the shoreline bordering
the Village's eastern limit. The pre-renourishment beach
was 18.48 acres and the post-renourishment beach was
approximately 29.53 acres upon project completion in
2001. Floor Area Ratio incentives for providing beach
access easements have been added to the Zoning Code.
In addition to recommendations in the Master Plan, the Village:
• Entered into a joint use agreement with St. Agnes Catholic
Church in 2004 that formalized Village use of the Church's
2.1 -acre playing field. In exchange for use of the Church's
fields, the Village Parks and Recreation Department
contributed $400,000 in improvements, including lights for
the field and refurbished drainage, sod and irrigation
13 The Master Plan also recommended the acquisition of the residential and commercial blocks
between West McIntyre Street, West Enid Drive, Glenridge Road, and Crandon Boulevard
(totaling 6.7 acres) for open space and recreation facilities and the development of the
Enid/Crandon/Seaview Drive parcel (10.2 acres) into a recreation facility. The Village did not
acquire these blocks as originally described. Instead, since 1995, property has been acquired
between Fernwood and West McIntyre Street south of the Village Green for the construction of
the Community Center; on the south side of West McIntyre Street between Fernwood Road and
Crandon Boulevard for the development of the Fire Station and Village Hall; and between West
McIntyre Street and Crandon Boulevard south of the Sun Trust Bank site for the development of a
passive park. This last parcel, however, remains vacant. The Civic Center Master Plan
contemplated a theater or cultural center on this parcel, based on feedback from residents. A final
decision on the use of this parcel has not yet been made; however, at 0.33 acres in area, the
parcel is not large enough to accommodate playfields or other active recreation facilities.
14 The land for Lake Park and Beach Park was deeded to the Village by the Ocean Club in 2001
and 2002, respectively.
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systems. In addition, the Village annually pays St. Agnes
$36,000 in lease fees.
■ Acquired 0.4 acres of pedestrian friendly pocket parks and
mini -plazas (reclaimed from pavement) as part of the
Crandon Boulevard Master Plan.
The Village lost approximately 0.28 acres of playing fields at the
renamed Key Biscayne K-8 Center (formerly known as the Key
Biscayne Community School) in 2004 to the construction of a new
Middle School facility at the southwest corner of the campus. The
building was completed in June 2005.
Calculation of Level of Service in 2005
Of the projects listed above, the following contribute to the 2005
Parks, Recreation and Open Space Level of Service.
Table 9: Parks and Recreation Facilities Counted in
2005 Level of Service Calculations'
Parks and Recreation Space
Calusa Park1'2
Village Green
Key Biscayne K-8 Center3
East Enid Lake Park
Beach Park
Pocket Parks4
St. Agnes Field
TOTAL:
Acreage
3.00
9.50
2.02
2.78
2.00
0.39
2.13
21.82
1 Calusa Park is with the Village limits and is used by Key Biscayne
residents, but it belongs to Miami -Dade County
2 The 3.0 acres includes open space and recreational facilities, but
excludes protected mangrove areas.
3 The acreage count for the Key Biscayne K-8 Center has changed
over the past decade due to renovations and expansions to the original
K-5 facility in 1995-1997 and the construction of a new Middle School
building to serve grades 6-8 in 2004-2005.
4 The pocket parks are part of the Crandon Boulevard Streetscape
Master Plan.
Today, the level of service is estimated at 1.96 acres per 1,000
residents based on the estimated 2003 population of 11,160
persons. To meet its objective of 2.5 acres per 1,000 residents at
current population levels, the current parks and recreation space
needed is a total of 27.9 acres. Moreover, to meet the needs of
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the projected build -out population of 11,425, approximately 28.6
total acres of parks, recreation and open space land would be
needed by 2015.
(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
Since the completion of the Master Plan, the amount of potential
land available for conversion to parks and recreation space has
decreased. Vacant or redevelopable lots once for sale and
possibly suitable for public pocket parks and bay access points
have since been purchased and developed privately. These
parcels would be extremely costly to acquire and convert to public
use today factoring in values of the land and existing structures.
In conjunction with its visioning process, the Village of Key
Biscayne is evaluating an extensive list of capital improvement
projects, which includes several projects relevant to the protection
and enhancement of the Village's parks and recreation space. In
January 2006, a subset of members of the 2020 Vision/EAR
Committee's EAR Subcommittee was asked to rank the priority
and estimate the cost of each project. Upon consideration of input
from the community and the other members of the EAR
Subcommittee as well as the full citizen's advisory committee, the
following projects were labeled as high priority:
■ Civic Center Park (use of this now vacant parcel at 560
Crandon Boulevard is to be determined at a later date in
the context of all the Vision Plan projects).
■ Bay Access (20 foot wide Matheson Drive View Corridor
to Bay)
■ Community Parks/Playing Fields (Option 1: Key Biscayne
Presbyterian Church (through a joint use agreement) —
enhancements include a Bayfront Park, Playing Field,
Canal Bay Access Park, Mangrove Interpretive Park,
floating fishing pier over water; Option 2: Bayfront Park on
Harbor Drive —enhancements include a sandy beach,
small shade structure, sitting areas, pier, trees and grass)
• Calusa Park (mangrove nature trail with bay access and
new baseball and soccer fields —in addition to existing
tennis, courts, bathrooms and a parking lot)
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- Neighborhood Parks (overlook in right of way on Crandon
Boulevard at Pines Canal; short interior street ROW
demolition, trees, grass, benches, pedestrian -scale lights)
• Nature Trails (Presbyterian Church bay area to St. Agnes
Church; at rear or 7-11 Shopping Center through Calusa
Park to Crandon Park Tennis; and St. Agnes Playing Field
to 7-11 Shopping Center)
c. Calusa Park, Crandon Park, Bill Baggs Cape Florida State Park
and Virginia Key - Interlocal Cooperation Relative to Village
Issues
Despite a recent extension of the interlocal agreement for use of
Crandon Park as a whole, Calusa Park —a portion of Crandon Park
but also an "appurtenance" to the Village —remains an underutilized
resource. Considering that Virginia Key, Crandon Park and Bill Baggs
Cape Florida State Park abut the Village and affect local conditions,
interlocal cooperation with the City of Miami, Miami -Dade County,
State of Florida Department of Environmental Protection and other
agencies will be critical to forestall problems and find solutions to local
and regional problems related to park access, usage, and visitation
issues. As one of three governments involved in creating the Virginia
Key Master Plan, the Village must continue to work with Miami -Dade
County and the City of Miami to ensure that the Master Plan includes
facilities necessary to meet the needs of Key Biscayne residents.
(1) Assessment of success in implementing Master Plan
objectives related to issue.
The Key Biscayne Master Plan devotes an entire chapter to
intergovernmental coordination to strengthen its relationships with
other jurisdictions and protect its interests amidst regional change.
Where the State, the County, and the City of Miami make
decisions that affect Key Biscayne, the Village Council monitors
their actions and maintains ongoing communication with them.
• The Village Council has participated in ongoing dialogue
with the State, the County, and the City of Miami to
address traffic, safety, and redevelopment concerns
generated by Virginia Key, the Causeway, and Crandon
and Bill Baggs Cape Florida Parks.
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• The Village is a member of the Virginia Key Master Plan
Committee. According to the City of Miami Planning
Department, the Virginia Key Master Plan's intent is to
develop meaningful waterfront and public open space
areas; to offer policies for the use, development and
management of land; and to protect and enhance natural
resources while providing the necessary infrastructure
and traffic flow to serve future development.
• The 3 -acres of open space usable for recreation at
Calusa Park, outside north edge of Key Biscayne's
municipal limits, are located within the boundaries of
Miami -Dade County's much larger Crandon Park. This
publicly accessible part of Calusa Park's 9 acres is
largely a clearing surrounded by mangroves on three
sides and consisting of tennis courts, a playground, open
space, a pavilion with public restrooms and a parking lot.
The Village has attempted to reach agreements with
Miami Dade County for improvements to Calusa that
would add a soccer/baseball playing field, without result
to date. However, the Village plans to upgrade the
pavilion/restroom facility and modify the tennis courts into
multipurpose sports courts, to meet both Crandon Park
Master Plan and Village needs, has been approved.
• The Village negotiated an extension to the Crandon Park
agreements providing for use of lighted playing fields on
a scheduled basis.
• The Village attempted to negotiate with the State of
Florida a possible solution to its open space and playing
fields deficiencies by dedicating a portion of the area
adjacent to the north entrance of Bill Baggs Cape Florida
Park to local recreational needs, subject to appropriate
controls and defined uses. However, an agreement,
which would have added a nature trail with bay access
and soccer and other playing fields, was not met.
(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
See preceding section, C(1).
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d. Traffic Volume, Operations and Safety
The Village has made great strides in improving traffic safety through
traffic calming in certain areas of the Village. In other areas of the
Village, excessive traffic speed and cut -through traffic remain a
problem, particularly in areas lacking sidewalks and crosswalks for
pedestrian safety. Changing demographics, growth, and commerce
have resulted in local traffic congestion. In addition, expected
increases in visitation to the regional attractions located on or near
Key Biscayne —particularly during holiday weekends and for special
events —raise concerns about ever-increasing traffic congestion on
Crandon Boulevard, the Village's main conduit for ingress and egress,
as well as about traffic speed, cut -through traffic, and public safety on
residential streets.
(1) Assessment of success in implementing Master Plan
objectives related to issue.
As recognized in the Crandon Boulevard Master Plan, the level of
congestion has great potential to increase: while new
development will be limited, older single-family homes within
residential areas are being redeveloped into larger homes for
larger families with more cars; Given that the current build out of
some commercial developments is below the allowable 0.50 Floor
Area Ratio, an increase in the commercial square footage is
possible. The Ocean Club condominium development currently
has a very low average occupancy rate, but is likely to see a
significant increase. Because Crandon Boulevard is the sole
access to Bill Baggs Cape Florida Park and the only thoroughfare
traversing Key Biscayne, the road already experiences heavy
through -traffic.
Crandon Boulevard, the Village's only principal urban arterial
roadway15 and the only Village road that remains under Miami -
Dade County jurisdiction, is the first street to undergo major
improvements since the adoption of the Master Plan. The study
that resulted in the 2004 Crandon Boulevard Master Plan was
approved and funded by the Village of Key Biscayne and Miami -
Dade County in an interlocal agreement dated February, 8, 2002.
The study sought to address the following goals: improved public
safety, easing of traffic congestion, traffic calming,
pedestrianization, improved mass transit, and improved
15
This designation was granted by the Federal Highway Administration and the Florida
Department of Transportation.
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streetscape and landscape elements. Based upon the
recommendations provided by the Village Council; The Crandon
Boulevard Master Plan Committee, an 18 -member citizen advisory
committee appointed by the Village Council, worked with
consultants and members of the public to achieve these goals.
The Committee made its recommendations to the Council, who
approved the Master Plan in 2004. The Miami -Dade County
Commission followed with its approval. In February 2005, the
Village began the first phase of construction at the intersection of
Crandon Boulevard, West McIntyre Street, and Galen Drive in front
of the Civic Center. Phase II of the project began in July 2005
along Harbor Drive from Fernwood Road to the intersection with
Crandon Boulevard. Harbor Drive is one of the Village's two
collector streets. Phase II also includes improvements from the
entry block of Crandon Boulevard to West McIntyre Street to the
southern end of Crandon Boulevard at the entrance to Bill Baggs
Cape Florida State Park. Public safety and street improvements in
Phase II include:
• Redesigned intersections where Crandon Boulevard
meets cross streets and condominium entranceways;
features include tightened corner radii and contrasting
pavers in pedestrian crosswalks and infields;
• A new 8 foot wide sidewalk on each side of Crandon
Boulevard;
• Curb and gutters on the commercial frontage along
Crandon Boulevard and Harbor Drive;
• Improvements on Crandon Boulevard and Harbor Drive
that will increase the flow of traffic16;
• A large traffic circle on Harbor Drive and Fernwood Road
that will increase the flow of traffic;
• New traffic lights that will maintain the flow of traffic on
Crandon Boulevard;
• Marked bicycle path on each side of Crandon Boulevard;
• shade trees along the swale and additional palm trees in
the median on Crandon Boulevard; and
16 This will be critical in responding to concerns regarding traffic congestion: the Crandon
Boulevard Master Plan recognized the heaviest regular congestion experienced within the Village
is at the intersection of Crandon Boulevard with Ocean Lane Drive and Harbor Drive.
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• New bus shelters and benches along the east side of
Crandon Boulevard and bus stops with benches along
the west side for the entire length of the Boulevard with
the Village limits.
Phase I Intersection improvements at the Crandon Boulevard
intersection with West McIntyre Street and Galen Drive, as well as
between Crandon Boulevard and Village Green Way along West
McIntyre Street were paid for by funds appropriated from "the Civic
Center Project" budget. Phase II is funded primarily by the
proceeds of a half -penny transit tax approved by Miami -Dade
County voters in 2002, that was awarded to qualifying
municipalities on a yearly basis; the Village leveraged its share of
these funds to raise approximately $2.3 million of the $4.0 million
estimated costs. The surtax funds are supplemented by
contributions from developers currently redeveloping or planning to
redevelop commercial properties in the Village of Key Biscayne.
The State of Florida contributed $1 million in additional funding in
acknowledgement that Crandon Boulevard provides the only
access to Bill Baggs Cape Florida State Park, one of the most
highly visited parks in the state. Specific funding for the
implementation of Phase III had not been identified at the time of
adoption of the Crandon Boulevard Master Plan. However, County
and State sources are expected to be available.
As of February 2006, Phase II construction work has been funded
from a $3.5 million loan paid from County funds, a $1.5 million
County -approved grant from the Florida Department of
Transportation (FDOT) and $282,994 from developer impact
fees.'
Four local roads serve important functions in Key Biscayne's
circulation network, in addition to Harbor Drive and West Mashta
drive, designated collector roads by FDOT standards. Fernwood
Road, one of three north/south roads in the municipality, separates
the commercial district from the residential area. As such, it will
need to be explored for improvements. West Wood Drive, West
McIntyre Street and West Heather Drive all collect traffic from
tangential Village streets and direct it to Harbor Drive and Crandon
Boulevard. To date, the Village has made minor improvements to
some east/west roads east of Crandon Boulevard (East Enid Drive,
Seaview Drive and Grapetree Drive), but none was part of a
17
The Village is seeking funding to continue the project on Crandon Boulevard from McIntyre
Street to the State Park
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comprehensive strategic plan to improve the network. A
coordinated methodology is necessary.
Multimodal Transportation
In 1999, the Village of Key Biscayne Chamber of Commerce
undertook a study to explore the interest in and the feasibility of a
free trolley service in Key Biscayne geared toward seniors. Survey
results indicated that the majority of respondents supported a
trolley service, but believed it should be paid for by private
enterprise rather than the Village. Based on this feedback, the
Village proceeded to contact the Miami -Dade Transit Authority
(MDTA) to initiate the process of creating an interlocal agreement
and applying for a circular route certification of transportation.
Prior to formalizing any agreements, the Chamber of Commerce
sought to procure a trolley for a trial testing period; trolley vendor
quotes were prohibitively expensive and the project was deemed
to be unfeasible due to the high costs involved for comparatively
low projected ridership.
In February 2004, the provision of a trolley service was revisited by
the Crandon Boulevard Master Plan Committee. MDTA, a
consultant to the Crandon Boulevard Master Plan Committee,
suggested expanding target ridership from primarily seniors to a
mixed age group. Upon reviewing the recommendation, the
committee determined that "a trolley service owned and operated
by the Village of Key Biscayne would entail extensive costs for
equipment, personnel, and maintenance, and not have sufficient
riders to make it economically feasible at this time. A more
detailed study in the future could be performed to determine if a
different trolley/shuttle passenger mix, such as children attending
island public and private schools, seniors, and MDTA bus riders,
could be feasibly accommodated. The Miami -Dade County
Metropolitan Planning Organization Municipal Program has
planning fund available for such studies, and interested
municipalities can compete for these planning funds."
(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
According to the February 2004 Traffic and Parking Impacts of
Commercial Development study commissioned by the Crandon
Boulevard Zoning and Redevelopment Committee, during the past
10 years, intra-Village traffic grew by 15 percent while traffic along
Crandon Boulevard north of Harbor Drive (beyond northern Village
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limits) had only a 5 percent increase. The growth of the intra-
village traffic is the direct result of new construction and
redevelopment including the Ritz -Carlton Hotel (formerly the Grand
Bay Resort), the Grand Bay Residences (condominiums and
single family homes), the Ocean Club, and a proportional increase
in drivers per household.
Many of the larger commercial properties that front on Crandon
Boulevard are bounded along their rear property line by Fernwood
Road. The Village has been considering the possibility of allowing
driveway connections from Fernwood for these properties. Such
connections are expected to produce a redistribution of traffic from
Crandon Boulevard to Fernwood Road of 5 to 10 percent and a
more limited redistribution along the intersecting side streets.
Since adoption of the Master Plan, the Village has started funding
a senior transport service. Administered by the parks and
recreation department, to service transports seniors to any location
on the Key, including Crandon and Bill Baggs Cape Florida State
Parks.
a Implications of Redevelopment
Due to ever -escalating property values and unavailability of vacant
land, pressures for redevelopment continue to grow. Redevelopment
issues remain a major concern of the Village. The replacement of
homes built in the 1950s and 1960s with new homes has resulted in
increases in population and vehicular traffic, as well as in visual
impacts related to the scale and massing of new buildings. In addition,
existing, older rental apartment buildings will either be substantially
renovated or demolished and replaced with new condominium
buildings. The conversion of apartment buildings affects the
availability of housing at price points that might attract seniors, young
adults and others that would enhance the diversity of the community.
Similarly, concerns exist about the impacts that proposed hotel and
condo -hotel redevelopment at the existing Sonesta Resort and
potential future redevelopment of the small-scale Silver Sands Motel
sites might have on density, building mass, traffic, and local
businesses.
(1) Assessment of success in implementing Master Plan
objectives related to issue.
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When the Master Plan was adopted in 1995, the trend of sound,
existing modestly -scaled houses being demolished in order to
build excessively proportioned houses with modern amenities was
emerging in Key Biscayne. Redevelopment's three pronged effect
on the island —the alteration of the affordability and diversity of
housing stock, appearance, and levels of traffic —has been
addressed over the last decade in varying degrees.
Affordability and Diversity
Appreciating property values and redevelopment continues to
reduce the affordability and diversity of housing in Key Biscayne.
In recent years several rental properties have been converted to
condominiums, thereby contributing to the overall diminishing
availability of rental units. As the older housing stock is converted
into much larger, more expensive structures, the ability to
purchase property on Key Biscayne is increasingly elusive as well.
In the Village, these trends most directly affect the elderly and
young families with intentions to move within the island to different
units, but not necessarily the means to be able to afford the taxes
associated with doing so.
Through a variety of mechanisms, the Village has made and is in
the process of making efforts to curb this trend. For example, it
• Converted the zoning designation of several properties on
Fernwood Road to be Two -Family in order to diversify the
housing stock. Several of these properties are rentals.
■ Permits group housing in all multi -family districts
• Monitors the production of housing the larger metro area
to ensure regional needs are met.
■ Through the 2020 Vision process, continues to discuss
the needs of its elderly population and will continue to
explore the feasibility of providing incentives for the
provision of assisted living facilities in the Key.
• Explores innovative solutions to increase the affordability
and diversity of the stock while maintaining compliance
with Coastal High Hazard Area regulations."
However, the Village's ability to provide affordable housing is
constrained by several factors:
• As a Coastal High Hazard Area within floodplain
designation AE, the Village is not permitted to approve
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any development applications that would serve to
increase density beyond what exists or is allowed by
current zoning and/or vested rights
• The Village is almost entirely built out. Purchasing
property from the very limited supply of vacant land would
be costly and likely burden the debt cap. Policy 1.3.1 of
the Capital Improvements Element of the Master Plan
states that the "capital improvement program schedule
shall not include projects that would achieve significantly
more intensive development than authorized by this plan
by directly causing developer applications for Land Use
Plan or zoning map amendments." Policy 1.5.3 of the
same element follows "the Village shall not give approval
to new projects that create need for expanded capital
improvement unless the project pays a proportional share
of the costs of these improvements following legally
prescribed criteria for such fees.
• Because it is bordered by Biscayne Bay to its west,
county -owned Calusa and Crandon Parks to its north, the
Atlantic Ocean to its East, and Bill Baggs Cape Florida
State Park to its south, annexation is not an option.
The University of Florida's Shimberg Center for Affordable Housing,
under contract with the State of Florida Department of Community
Affairs, prepares an Affordable Housing Needs Assessment
(AHNA) for each municipality in the State in order to assist in the
development and evaluation of comprehensive plan housing
elements. The ANNA provides information about household size,
income (as measured against the median), ownership status, and
other indicators.
While the AHNA is a suitable source of information on affordable
housing in many municipalities in Florida, it is not for a small
community with finite land resources such as Key Biscayne. It is
critical to note the Assessment's caveats. According to the
Shimberg Center's September 2005 Affordable Housing Needs
Assessment: Population and Household Projection Methodology
report, the most important base data for preparing estimates and
projections of housing demand is population data. However
population information is difficult to project for small jurisdictions
such as Key Biscayne and, therefore, the accuracy of housing
affordability forecasts in this case is compromised for the following
reasons:
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• Population projections are based on previous trends in a
jurisdiction. As such, they are not able to account for a
particular community having limited land availability.
• Population estimates and projections for small areas as
compared to the nation or a state, are difficult because of
the influence of in- and out- migration of population, land
availability, zoning, infrastructure availability, and other
factors that have a large impact at the local level.
• In a smaller city like Key Biscayne, the impact of growth is
magnified under certain projection techniques.
• Several avenues are closed off to a method that must
project an age distribution at the jurisdiction (or other
small area) level. Cohort -component and econometric
techniques require detail generally lacking at this
geographic level.
• In general, the complexity of a calculation and its potential
error is increased by adding levels of detail (total
population vs. age, sex, and income detail), decreasing
the size of the place (nation vs. county vs. census tract),
and increasing the time since the last base point (estimate
for 5 years since the last census vs. 20 year projection vs.
50 year projection). Estimating and projecting a
population's composition is especially problematic for
small geographic areas such as Key Biscayne because it
requires the consideration of all three factors: detail, size,
and horizon.
According to the ANNA, the Village will have the following (Tables
11 and 12) demand for affordable housing over the next twenty
years. To reiterate, due to the caveats stated above, the Village
deems these figures to be exaggerated.
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Table 11: Affordable Housing Demand in Key Biscayne
Year 2005
Year 2010
Year 2015
Year 2020
Year 2025
Total Number of Households
4439
4694
5038
5377
5560
Renter Households/% of Total
1243/28%
1280/27%
1354/27%
1416/26%
1468/26%
Owner Households/% of Total
3196/72%
3414/73%
3684/73%
3961/74%
4182/75%
Very Low Income renter
Households/% of Total Rentals
445/36%
467/36%
500/37%
528/37%
552/38%
Low Income Owner
Households/% of Total Rentals
255/21%
260/20%
277/20%
287/20%
294/20%
Moderate Income Renter
Households/% of Total Rentals
238/19%
244/19%
254/19%
265/19%
276/19%
Total Low and Moderate Income
Renter Households/% of Total
Rentals
938/75%
971/76%
1031/76%
1080/76%
1122/76%
Very Low Income Owner
Households/% of Total
527/16%
570/17%
634/17%
708/18%
784/19%
Low Income Owner
Households/% of Total Owned
426/13%
463/14%
514/14%
569/14%
609/15%
Moderate Income Owner
Households/% of Total Owned
558/17%
594/17%
652/18%
701/18%
738/18%
Total Low and Moderate Income
Owner Households/% of Total
Owned
1511/47%
162748%
1800/49%
1978/50%
2131/51%
ource: Affordable Housing Needs Assessment, Shimberg Center for Affordable Housing 2005
In order to accommodate local housing needs based on the
Shimberg Assessment's household size, tenure and income
projections, Key Biscayne would need to have the following
quantities and distributions of units between 2005 and 2025.
Table 12: Projected Demand of Renter- and Owner -Occupied Units by Income based on AHNA Data
2005
2010
2015
2020
2025
Very Low Income
Units
Rental
445
467
500
528
552
Owner
527
570
634
708
784
Total Very Low Income Units
972
1,037
1,134
1,236
1,336
Low Income
Units
Rental
255
260
277
287
294
Owner
426
463
514
569
609
Total Low Income Units
451
723
791
856
903
Moderate Income
Units
Rental
238
244
254
265
276
Owner
558
594
652
701
738
Total Moderate Income Units
796
838
906
966
1,014
Middle/Upper
Income Units
Rental
305
309
323
336
346
Owner
1,685
1,787
1,884
1,983
2,051
Total Middle/Upper Income Units
1990
2,096
2,207
2,319
2,397
ource: Affordable Housing Needs Assessment, Shimberg Center for Affordable Housing, 2005
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Highlighting one of the AHNA's caveats critical to Key Biscayne,
estimates are based on historic and current population figures and
growth trends that do not necessarily reflect actual local conditions.
The data projects, upon continuous increase, a Village population
of 14,068 in 2025. However, the Village Key Biscayne is currently
very close to build -out and more likely to follow the growth trend
predicted for the Village by Miami -Dade County, which forecasts a
leveling of population in 2010 at approximately 11,425 residents.
The Shimberg Center estimates this population sometime between
2005 and 2010; therefore, the Village's demand for housing units
between 2015 and 2025 will probably be closer to the estimated
demand between 2005 and 2010.
The condition of the existing housing is a complementary facet of
providing adequate affordable housing. The Shimberg Center for
Affordable Housing defines substandard units as those that have
one or more of the following characteristics: no heating fuel;
incomplete kitchen and/or plumbing, and/or overcrowded units. In
addition, substandard units may have code violations and/or
structural issues. The data reflect Key Biscayne's superior quality
of residential units. See Table 13
Table 13: Substandard Housing, 2000
Overcrowded Units
(Occupied Units)
No Heating Fuel
Used
(Occupied Units)
Lacking Complete
Kitchen Facilities
(All Units)
Lacking Complete
Plumbing
Facilities
Number
Percentage
Number
%
Number
%
Number
%
282
6.6
194
4.6
7
0.1
27
0.4
Source: Affordable Housing Needs Assessment, Shimberg Center for Affordable Housing,
Appearance
To maintain the appearance of the Village's residential areas and
limit structures disproportionate to their lot sizes from being built,
the Land Development Code regulates the maximum lot coverage,
the maximum floor area ratio, setbacks, and the maximum number
of stories in residential zones. The Village's landscape ordinances
reinforce the regulation of the exterior appearance of structures:
"Landscape design shall enhance architectural features, relate
structural design to the site, visually screen dissimilar uses and
unsightly views, reduce noise impacts from roadways and
incompatible uses, strengthen vistas and reinforce neighborhood
site design and architecture." (Article IX. Sec. 30-233.(1)).
Compliance with these regulations is tracked during the site plan
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review process. No historic preservation policy to protect older
residential stock such as Mackle homes or any other structures on
the island has been implemented; however, there are currently no
structures that meet the state or national age and significance
requirements for state or national historic designation.
Traffic
Anecdotal evidence suggests that traffic congestion has increased
over the past decade. While the Village has continuously met level
of service standards for most roads on the island, a few
locations —specifically, select intersections along Crandon
Boulevard with Harbor Drive, West Wood Drive, and the Key
Colony Condominium entrance —have worsened. The Crandon
Boulevard Master Plan Implementation Project, which is currently
under construction, will correct these deficiencies. The Master
Plan explicitly recommends a reduction in curb cuts and at the
intersection of Fernwood Road and Harbor Drive, the primary
collector street for much of the local and commuter traffic from the
primary single-family residential neighborhood on the west side of
the Village, a roundabout has been built to alleviate traffic
generated by the three day schools in the area. Additionally,
congested and unsafe turn lanes have been redesigned to better
accommodate demands generated by surrounding uses and signal
timing has been adjusted.
(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
The Master Plan was written prior to the complete construction of
the Grand Bay Residences and Residences and the Ocean Club,
the two very influential Developments of Regional Impact on Key
Biscayne. The Plan recognized that the residential intensity
finalized for the two DRI tracts would ultimately determine the
"build out" population of the Village and therefore, projections
would need to be reassessed once the two projects were more
solidified.
According to the February 2004 Crandon Boulevard Master Plan,
while the Village of Key Biscayne is nearly fully developed, the
potential exists for redevelopment -induced increases in future
traffic volumes on Crandon Boulevard: The vacant commercial
parcel across from Key Colony; an increase in commercial square
footage is possible for some of the existing commercial
developments, given that their current build -out is below the
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allowable 0.50 Floor Area Ratio. Older single-family homes within
residential areas are being redeveloped into larger homes for
larger families with more cars. The Ocean Club condominium
development, which currently has a very low average yearly
occupancy rate of approximately 30 percent, could see an
increase in occupancy over the next decade (like the Key Colony
development experienced in the 1990s).
As demand increases in an area of finite supply, both commercial
and residential rental rates and property values are increasing.
Key Biscayne has become unaffordable for current segments of
the population —particularly seniors who have lived in the Village
for decades, maintained the same tax rate on their property, and
would like to downsize, but can't afford to purchase a new property
for which they would have to pay today's tax rate —and priced out
many smaller, "daily needs" businesses whose typical revenue
could not support the rents commanded by local commercial
properties.
f. Sustainability of Local Retail and Services
For the community to remain sustainable in the long-term, it must be
able to provide basic services that satisfy basic community needs.
Increasing property values and rent levels threaten the economic
viability of small merchants, services, and retailers who provide
important local services.
(1
) Assessment of success in implementing Master Plan
objectives related to issue.
There are two primary components to consider in an assessment
of the provision of daily, basic goods and services: the quantity of
retail and the type of retail. Research conducted for the 1995
Master Plan and, a decade later, for the Analysis of Retail and
Service Space (September 2005) and Traffic and Parking Impacts
of Commercial Development (February 2004) studies indicates a
consistency in the amount: Key Biscayne has more square feet of
retail building area than its residents alone are able to support and
despite parking shortages, shopping centers, office space and
retail space have high levels of occupancy. Traffic Circulation
Objective 1.2 in Part II of the Master Plan seeks to "limit
commercial development and redevelopment to arterial road
frontage plus Harbor Drive collector street frontage from Fernwood
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Road to Crandon Boulevard." The Village has implemented this
objective by adding a Commercial district to the Land Development
Code; all commercial development and redevelopment is
contained within that zone. As denoted on the future land use map,
the District is primarily located along Crandon Boulevard.
The Master Plan addresses the issue of quality very minimally.
Part I indicates a need for additional filling stations and food and
drug store space, but develops the topic no further. Part II does
provide policies or objectives to encourage or stimulate the
provision of basic retail services.
In May 2004, the Village Council created the Crandon Boulevard
Zoning and Development Committee in order to address use,
design, and development regulations for commercial properties
located in the entry block. The Committee's work resulted in
changes to the Land Development Code. Ordinance 2005-19,
passed in November 2005, amended Section 30-101 "Commercial
Districts" of Chapter 30 "Zoning". The Ordinance supports in
future development the inclusion of businesses geared toward the
service of local needs. Additionally, it altered permitted uses,
setbacks, maximum number of stories, floor area ratios, lot
coverage, minimum lot area, and setback requirements in C-1
Commercial Areas. In order to deemphasize the visual
prominence of parking, the ordinance added floor area ratio
bonuses for the use of subterranean or set -back parking garages.
Floor area ratio bonuses were also offered for the use of preferred
design elements, site locations, uses, parking configurations, and
landscaping.
(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
There continues to be a notable lack of small merchants and
retailers providing local services. Rent levels price out of the
market all but the most financially profitable businesses —such as
banks, financial services, and real estate agents. Over the past
decade the problem has been exacerbated by an increase in rent
disproportionately higher than the natural increase in the rate of
inflation.
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g.
Vulnerability to Damage from Tropical Storms and Hurricanes
The Village, located on a low-lying barrier island in an AE flood hazard
zone, is vulnerable to wind damage and storm surge damage from
tropical weather systems. A protective shoreline dune system partially
addresses this vulnerability along the Atlantic Ocean Coast since gaps
in the dune system exist to provide beach access. Residential lots
with seawalls facing Biscayen Bay can be breached by storm -induced
waves traveling across the shallow bay waters. The health, safety
and welfare of residents is a major concern. Many, particularly the
elderly, are reluctant or unable to evacuate the Village during tropical
storm and hurricane events.
(1) Assessment of success in implementing Master Plan
objectives related to issue.
Property
Goal 3 of the Conservation and Coastal Management section of
the Master Plan is devoted to minimizing human and property loss
due to hurricanes. Through the Land Development Code and
Master Plan, the Village
■ Restricts the intensity of development through its Land
Development Code, thereby preventing densities
inappropriate for a coastal high -hazard area
(Conservation and Coastal Management Objective 3.1).
• Adopted traffic LOS standards that, based on Future
Land Use Management (FLUM) policies, achieve a
reasonable hurricane evacuation time.
• Devised a concurrency management system with a
phased capital improvement in order to achieve and
maintain LOS standards concurrent with impact of
development (Conservation and Coastal Management
Objective 3.4).
• Enacted and enforces Land Development Code
provisions requiring minimum setbacks from the ocean,
requires new construction at or above flood elevations
specified by FEMA, restricts the amount of fill according
to Land Development Code provisions, and limits
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funding of public infrastructure expansion 18 (Objective
3.5).
■ Has maintained permitted population densities to
coordinate with local and regional hurricane evacuation
plans according the zoning in the Master Plan.
• Adopted regulations based on FEMA requirements to
ensure adequate drainage paths around structures to
guide storm water runoff; zone -appropriate first floor
elevations for all new residential and non-residential
buildings; the siting of all buildings in compliance with
Florida Coastal Zone Protection Act of 1985; and the
prohibition of structural fill.
In coordination with the implementation of the Master Plan's
policies and objectives, the Village has made substantial efforts to
comply with and exceed national and state requirements.
Since 1998, the Village has participated in the Community Rating
System (CRS), a part of the National Flood Insurance Program. It
has achieved a CRS classification of "6," placing it among the top
ten communities in the state of Florida and reducing its flood
insurance premiums for residents by 20 percent.
The Village's Floodplain Management Plan, which was prepared
with the aid of a State Emergency Management Preparedness and
Assistance grant and adopted by the Village Council in April 1998,
was showcased as a national model by FEMA in 2003. Its storm
drainage capacity system has demonstrated a capacity to cope
with torrential rain storms of greater than 60 year intervals in
recurring frequency.
People
Policy 1.2.3 of the Intergovernmental Coordination Element of the
Master Plan states that the Village shall assist in providing
information regarding services such as waste, water, sewers,
transit and hurricane response to residents.
In June 2001, a Hurricane Information Manual was adopted in
order to assist Village residents in planning and preparation for a
hurricane and its aftermath (Conservation and Coastal
18 Funding is limited if the effect of the expansion is a direct subsidy to a specific private
development in the Village.
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Management Policy 3.2.2). Based on experiences from Hurricane
Andrew in 1992, the 1991 County Emergency Operations Plan and
the 1991 US Corps of Engineers Hurricane Evacuation Study, it
addresses what to do before and after the storm, including general,
outdoor and indoor safety tips. The information was compiled
through consultation with the Miami -Dade County Department of
Code Compliance, the Miami -Dade County Office of Emergency
Management, the Broward County Office of Emergency
Management, the Monroe County Office of Emergency
Management and the American Red Cross and has been
distributed to the public through several news outlets
In early 2006 a committee will convene to address the vulnerability
of residents during and after severe storms. Comprised of
residents and the fire chief, it will explore how to best identify
• residents requiring special assistance, including contact
information, relevant medical history and needs, next -of -kin
and/or care -givers;
• those available to aid residents in need;
• the role the Village will play in ensuring required medication
is available for the duration of the disaster and recovery
period;
• evacuation procedures;
• a transportation plan with an emphasis on those who are
not independently mobile;
• evacuation sites with adequate services and supplies;
• off -island housing, as necessary, during storm recovery
periods;
• generators and other alternative sources of power
• the role the community center and schools may play as
shelters for those who are unable to evacuate;
• a means by which to store necessary supplies during a
period when services on the Key are absent.
The committee will look into establishing a data center to centrally
store information and assigning an entity to maintain it; as well as
creating a schedule that prioritizes the severity residents' needs.
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(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
See previous section.
h. Need to Improve or Replace Infrastructure
Sewer System
A portion of the Village remains on individual septic systems. The
Master Plan indicates that limited periodic percolation of sewage
effluent occurs with ground saturation during periods of heavy rains,
and requires that sanitary sewers must be installed by 2008 to replace
the individual septic tanks. How will the Village achieve this objective?
Overhead Utilities
Although the present network of overhead utilities is not considered
functionally deficient, placing all utilities underground will aid in storm
recovery, as well as improve the aesthetics of the Village.
Roadway Network
Parts of the Village road network suffer from a proliferation of potholes
and require improved road maintenance.
Village -wide Streetscape and Landscape Improvements
The Village has begun implementing the recently completed master
plan for the improvement of Crandon Boulevard. The need for a
similar initiative to consistently enhance all local roads and civic
spaces has also been identified, to achieve the desired Village
character and appearance.
(1) Assessment of success in implementing Master Plan
objectives related to issue.
Water and Sewer Systems
The 1995 Master Plan presented four alternatives the Village's
existing mix of sewered and non -serviced areas (houses currently
on septic).
• Install sanitary sewers throughout the entire Village,
prioritizing service residential streets adjacent to Biscayne
Bay (such as southern Harbor Drive) ahead of others.
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■ Initiate a petition among the property owners demand
service from the County.'
■ Set up, in compliance with State statute, a special taxing
district and sewer collection system with sewage
continuing to be received by the WASD trunk lines
- Use the Village's general fund to pay for the entire project.
The Master Plan endorsed the first option; the Village is currently
pursuing the installation of a sewer system throughout the entire
Village. Key Biscayne is cooperating with the County to produce
financial and engineering plans for an extension of the sewer and
water systems. As of October 2005, the planning portion of the
project was 33 percent complete; the Public Works Department
foresees construction to commence in by Spring of 2006.
The Sewer Project has been divided into two phases; each phase
contains two unserviced areas. The duration of each phase is
estimated to last between eight and twelve months.
According to the Miami -Dade Water and Sewer Authority
(MDWASA), once the main water line and connections are in place,
it will provide the residents with a prudent time limit in which to
connect to the lines. Residents will be responsible for expenses
incurred from treating and removing their septic tank and making
the connection. The Village of Key Biscayne Public Works
Department is still waiting to find out from the MDWASA the
amount residents will be charged for these procedures.
19 At the time the Master Plan was written, the Metro -Date Water and Sewer Department (WASD)
was responsible for the collection and treatment of the sewage from the lines of the Village.
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Table 14: Sanitary Sewer and Water Conversion Project Progress
Zone
Percent
Complete
Detailed Status
Zone 1
Sanitary Sewer
75
The new survey has been brought into all of the
drawings and flows to the pump station are
currently being verified and that no upgrades to
the pump station are required. A site visit was
conducted in September 2005 to verify structure
types and businesses and to look at project
conditions (tree sizes, driveway types, etc.)
Water
Pipe material types must be verified for those
portions where the consultant does not have
sufficient data, which will require input from the
Village. A site visit was conducted in September
to confirm that the new water lines should be put
in the pavement, as opposed to in the swale
where construction would impact decorative
driveways and landscaping.
Zone 4
Sanitary Sewer
75
As of September 2005, the new survey was
brought into all of the drawings; the flows to the
pump station were being verified, as was the
sufficiency of the pump stations as they are now
and without upgrades.
Water
As of September 2005, the pipe material types
needed to be verified for those portions where
the consultant did not have sufficient data,
which will require input from the Village. A site
visit was conducted in September of 2005 to
confirm that the new water lines should be put in
the pavement, as opposed to in the swale where
construction would impact decorate driveways
and landscaping.
Zone 2/3
Sanitary Sewer
25
As of September of 2005, the new survey had
been brought into all of the drawings and flows
to the pump station were in the process of being
verified. A site visit was conducted in
September to verify structure types and
businesses and to look at project conditions
(tree sizes, driveway types, etc).
Water
As of September of 2005, the pipe material
types had to be verified for those portions where
the consultant did not have sufficient data,
which will require input from the Village. A site
visit was conducted in September during which
the consultant was determining whether the new
water lines should be put in the pavement or in
the swale, where construction would impact
decorative driveways and landscaping.
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In light of recently publicized challenges faced by MDWASA, the
Village will respond and amend the project's timeline as necessary
to support the County's goal of delivery adequate water and
sanitary sewer service to its residents. However, as of February
2006, the Village anticipates that the project will go out to bid in
April or May of 2006 as permitting reaches completion.
Overhead Utilities
As part of its objective to maintain existing development and
achieve new development and redevelopment which is consistent
with community character (Future Land Use Objective 1.1), the
Village made a policy to enact land development code provisions
governing subdivisions. The subdivision code was to require that
certain utilities be installed underground.
In July 2005, the Village initiated correspondence with Florida
Power and Light, requesting a cost estimate to bury all power lines
west of Crandon Boulevard and along Galen Drive on the east side.
The Village Manager inquired about any state or federal subsidies
currently being offer to government entities considering similar
projects and the Director of public works expressed his support for
dividing the project into distinct zones. In January 2006, FPL
provided the Village with an estimate of $11 million to complete the
project. Communication is ongoing. FLP projects that it will pay for
25 percent of the project; costs incurred may be passed on to
customers via surcharges.
Roadway Network
The Village's major arterial, Crandon Boulevard, is being improved
according to the Crandon Boulevard Master Plan. Refer to Section
4.D(1) Traffic Volume, Operations and Safety for more detail. The
Village is also in the process of seeking public input regarding
parking, beach access, and safety improvements on Ocean Lane
Drive; most recently, it held a public workshop on October 17th,
2005.
Streetscape and Landscape Improvements
Major streetscape and landscape improvements are being made to
Crandon Boulevard, West McIntyre Street, and Harbor Drive as a
result of the Crandon Boulevard Master Plan. The Departments of
Public Works and Building, Zoning and Planning as well as the
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Manager's Office and consultants are working on a comprehensive
plan to address landscaping in public areas. Improvements
included a redesign of the Village entrance, pocket parks/mini
plazas, street furniture, locations of public art, signalization, street
lighting, traffic, street name signage, and utilities.
(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
A survey to all residents administered by the Key Biscayne Village
Council during the Master Planning process yielded results
regarding prioritization of infrastructure improvements compared to
preferences expressed recently indicates opinion has not shifted
much over the past decade. 20 In the original survey, three
quarters of participants rated "extending sanitary sewers to all
areas of the Village" as desirable or higher; 94.8 percent rated
"improving storm drainage throughout the Village" as desirable or
higher (with a notably high percentage, 32.23 percent, indicating
that it is a "first priority"); and installing street lights, installing
special pavements, and installing curbs, rated in descending order
of importance from there (57.5 percent; 46.0 percent, and 40.7
percent respectively).
i. Implications of Debt Cap
Although the Village has a strong and growing tax base, its debt
capacity is finite and may hinder the Village's ability to implement
capital initiatives, including park development, sewer extensions and
placement of utilities underground, in a timely manner. Should the
Village consider amending the debt cap as currently defined in the
Village Charter?
(1) Assessment of success in implementing Master Plan
objectives related to issue.
The Village of Key Biscayne is subject to a debt cap
ordinance and also a provision to allow possible
referendum on new debt issuance where any capital
project is involved.
The debt cap provision at present limits debt to 1% of
current assessed value as provided by the county property
20 The survey was sent to all Villages households and returned by approximately 20 percent.
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I.
appraiser. The debt cap schedule provided shows the
current year and projections for future periods as assessed
valuation changes and debt is anticipated to be incurred.
The referendum requires a 30 day period between the first
reading and second readings of any ordinance that would
permit issuance of debt that relates to any capital project.
(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
See the preceding section, i(1).
Conservation, Coastal Management and Environmental
Protection
The residents of Key Biscayne place a high priority on protecting,
enhancing, and, in some cases, restoring important natural resources
that are not only intrinsic to the community's barrier island identity, but
also contribute to the quality of life of both residents and visitors.
(1) Assessment of success in implementing Master Plan
objectives related to issue.
The first goal of the Master Plan's Conservation and Coastal
Management Element is to "to preserve and enhance the
significant natural features." including
■ Vegetative and soil resources (Conservation and Coastal
Management Objective1.3): Achieve 0 net loss of
mangroves);
• Sea turtles, manatees (Conservation and Coastal
Management Objective 1.4: Strive to achieve 0 human -
induced loss of manatees and/or sea turtle eggs.; and
• Wildlife and habitat (Conservation and Coastal Management
1.7: Achieve 0 degradation of fisheries, wildlife, wildlife
habitat, marine habitat and environmentally sensitive land.
According to the 2003 Miami Dade County EAR, the Key Biscayne
Special Management Zone artificial reef site off the Atlantic coast
is the only designated environmental protection area related to
beaches and artificial reefs near the Village. The Special
Management Zone was designated in 1991 and contains 2,203.5
acres.
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Over the last decade, the Village of Key Biscayne has:
- Enacted and enforced estuarine waterfront protection
provisions in the LDC in accordance with state DEP and
waterfront policies of Department and Environmental
Resource Management (DERM). The Biscayne Bay
Shoreline Development Review Committee was established
as an interlocal entity to review all development permits
(except single family and duplex houses) for tracts fronting
the Bay.
• Communicated with DERM on occasions where any adverse
impacts are observed relative to the sea grass beds in
adjacent Bay waters;
• Reported speeding violations in manatee protection areas to
County and State marine police. The entire western shore of
Key Biscayne is designated a Manatee Protection Area
which means that boat speeds above seven miles an hour
and water skiing are prohibited;
■ Enacted and enforced land development provisions in order
to minimize night-time artificial light on beach areas where
sea turtles nest;
■ Enacted and enforced provisions regarding detention, runoff,
minimum pervious open spaces, and drainage level -of -
service standards;
• Researched and implemented beach renourishment projects.
In 1997, Coastal Systems International, as a consultant to
the Village, produced the"Long Range Beach Nourishment
Plan for The Village of Key Biscayne, Dade County" in
cooperation with a Council -appointed citizen's Beach Task
Force. Its purpose was to present a long-range beach
nourishment plan to address the eroded shoreline along the
Village. The 2000-2001 project overseen by the US Army
Corps of Engineers placed a reported 420,000 cubic yards of
sand. The nourishment was designed to mitigate the long-
term sand into the deeply dredged Government Cut channel
north of Key Biscayne that formerly reached the island via
Iongshore drift. The design of the beach fill template was
developed based on the historical erosion rate, critical areas
of erosion, location of nearshore seagrasses, and projected
nourishment interval. Members of the Village's Beach Task
force conducted research to identify appropriate sand
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characteristics required ensure compatibility of the new sand
imported from offshore borrow areas with existing beach
materials. As of 2006, the Village's Public Works
Department and consultants are in the process of
researching the next phase of beach renourishment.
(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
Refer to previous section, 1(1).
k. Land Development in the Context of Master Plan Goals,
Objectives, and Policies
The Village Master Plan includes future land use descriptions which
include maximum lot coverage and building heights, landscaping
requirements, and sign regulations. Does the Master Plan, with its
present level of detail, articulate standards for development and
landscaping that are consistent with and that enhance the desired
ambiance and character of the Village?
(1) Assessment of success in implementing Master Plan
objectives related to issue.
Goal 1 of the Future Land Use Element of the Master Plan states:
"Achieve desired community character: Key Biscayne should
be a residential community. Development policies should
protect residential character. Future residential development
should be at the lowest densities consistent with protection of
reasonable property rights. Hotels should be permitted in order
to provide ocean access opportunities and respect an
established land use pattern; however, they should be modest
in size so as to not overpower the community's residential
character. Other commercial development should be sized to
meet the needs of residents and hotel guests. Office
development should be limited to the minimum amount
practical in light of existing development patterns."
The Village has codified this goal in the Land Development Code.
■ Section 30-80 outlines site plan review procedures:
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a) Purpose. Site Plan review is designed to achieve
the following objectives:
(1) To insure that infrastructure (water, sewer, and
roads) is in place at the time the project is completed,
as mandated by Florida's Growth Management law;
(2) To encourage logic, imagination, and variety in the
design process;
(3) To insure that projects are compatible, both
aesthetically and functionally, with the surrounding
area;
(4) To promote excellence in urban design; and
(5) To encourage buildings that are consistent with
the high quality environment associated with the
Village.
■ Section 30-233 outlines landscape plan review criteria:
(1) "Landscape design shall enhance architectural
features, relate structural design to the site, visually
screen dissimilar uses and unsightly views, reduce
noise impacts from roadways and incompatible uses,
strengthen vistas and reinforce neighborhood site
design and architecture...(5) Street trees shall be
used to shade roadways and provide visual order. All
street tree planting shall conform to the Village's
street tree planting system."
• Section 30-190 outlines sign criteria:
"Regulations are intended to preserve the unique
aesthetic character of the Village and ensure that
signs are compatible with their surroundings. It is
further intended to protect property values, create a
better business climate, enhance the physical
appearance of the community, preserve the natural
beauty of the Village and improve vehicular and
pedestrian safety and reduce visual pollution."
Regulations have not prevented a major shift in scale of
residential development. Recommendations from the Crandon
Boulevard Commercial Development and Zoning Standards,
which include quantifiable design bonuses to encourage buildings
that contain architectural interest and reduce visual impact and
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KEY BISCAYNE MASTER PLAN
zoning controls to ensure larger developments on assembled lots
are designed within a Village setting, have recently been adopted
and will soon be applied.
(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
See previous section.
I. Historic, Cultural and Educational Resources and Needs
The Village of Key Biscayne has a number of historic and cultural
resources and institutions that document the community's history and
contribute to its identity by providing important social, educational, and
community -building functions. For instance, the historic Silver Sands
hotel, located at 301 Ocean Drive and built in the late 1950s, is typical
of motel developments in Florida built during that era. It is the sole
remaining structure of its type in Key Biscayne and one of the few
remaining in southern Florida. It may be worthy of exploration for
historic designation in the near future, possibly standing on its own as
a historic local, state, or national landmark.
In the past, these resources have been overlooked or undervalued.
There is, however, a growing awareness of the need to address
issues related to enhancement, utilization, expansion, and/or
preservation of these resources and institutions for the benefit of the
community as a whole.
(1) Assessment of success in implementing Master Plan
objectives related to issue.
Historic Structures
Objective 2.6 of the Future Land Use Element, Objective 1.5 of the
Housing Element, and Objective 2.4 of the Conservation and
Coastal Management Element of the Master Plan all specify that
no later than 1999, Key Biscayne was to prepare a list of
potentially significant historic structures and a strategy for their
preservation. The Village has not done so because, currently,
there are no structures eligible for national or state historic
designation due to age and significance requirements.
However, the historic Mackle homes, which at one time occupied
nearly all of the dry lots west of Crandon Boulevard, were built
during the 1950s and 1960s and are approaching the 50 -year age
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VILLAGE OF KEY BISCAYNE
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requirement for official historic designation. Particularly as many
of them have been demolished or substantially remodeled,
preserving one or more in that original state would serve as an
important bridge in conveying the island's history and culture.
Historic Roads
Crandon Boulevard was designated an Historic Highway by the
State of Florida and by Miami -Dade County in the late 1980s.
These actions were the product of a 1987 citizen protest, rejecting
the County's attempts to install a pedestrian underpass and
preemptively abrogating any future efforts to widen the road.
During the Crandon Boulevard master planning process, the
historic designation was amended in order to permit improvements
to be made.
(2) Description of changed circumstances (if any) related to issue
since Master Plan was prepared/updated.
In conjunction with its visioning process, Key Biscayne is
evaluating an extensive list of capital improvement projects. In
January 2006, a committee was formed to rank the priority and
estimate the cost of each project. Upon consideration of input
from the community and the 2020 Vision/EAR Committee, the
following projects were labeled as high priority and relevant to the
protection and enhancement of the Village's history, culture, and
educational stature.
• Civic Center Park
• Beach Improvements via renourishment
• Nature Trails connecting Presbyterian Church bay area to
St. Agnes Church
• High School on Virginia Key
A library expansion/renovation was placed in a secondary tier of
importance. An artwork in public places program, theatre,
museum, lifelong learning program, and beach walk were placed in
a tertiary tier, indicating that Village residents perceive most
resource intensive cultural projects to be long-term rather than
immediate goals.
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VILLAGE OF KEY BISCAYNE
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KEY BISCAYNE MASTER PLAN
5. Consistency with Florida Growth Management Laws
Section 163.3191 (2)(f), F.S., requires that the Evaluation and Appraisal
Report evaluate relevant changes in growth management laws since the date
of the Master Plan's adoption for consistency with the Key Biscayne's Master
Plan. The evaluation was based upon the only version, to date, of the
Village's Master Plan (1994).
a. State Comprehensive Plan, Chapter 187, F.S.
Section 163.3191 requires that the EAR evaluate relevant
changes in growth management laws, including the State of
Florida Comprehensive Plan, since the date that the Village's
Comprehensive Plan was adopted. The following section
indicates the manner in which Key Biscayne is complying with
the adopted State of Florida Comprehensive Plan (Chapter 187,
Florida Statues).
(1) Manner of Compliance with State Comprehensive Plan
Elements
Children
(a) Goal. —Florida shall provide programs sufficient to
protect the health, safety , and welfare of all of its children.
Response — Addressed through the Master Plan's
ongoing intergovernmental coordination efforts
involving public school and parks and recreation
planning.
Families
(a) Goal. -- Florida shall strengthen the family and promote
its economic independence.
Response — Addressed through ongoing
intergovernmental coordination efforts, the Master
Plan's Land Use Element, and the Vision Plan.
The Elderly
(a) Goal. — Florida shall improve the quality of life for its
elderly citizens by promoting improved provision of services,
with an emphasis on independence and self-sufficiency.
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KEY BISCAYNE MASTER PLAN
Response — All Multi -Family Districts in the land
development code permit adult living facilities. The
Parks and Recreation Department coordinates senior -
oriented programs at the Key Biscayne Community
Center and the Village coordinates a free senior
transportation program. In early 2006, a committee
comprised of residents and led by the fire chief will
convene to coordinate a program to assist the elderly
during and after severe storms.
Housing
(a) Goal. — The public and private sectors shall increase
the affordability and availability of housing for low-income
and moderate -income persons, including citizens and rural
areas, while at the same time encouraging self-sufficiency
of the individual and assuring environmental and structural
quality and cost-effective operations.
Response — Addressed in the Master Plan's Housing
Element, as applicable.
Health
(a)1. Goal. —Healthy residents who protect their own health
and the health of others and who actively participate in
recovering their own health when they become ill.
(b)1. Goal. —An environment which supports a healthy
population and which does not cause illness.
(c)1. Goal. —Health care services which are of high quality,
reasonably accessible, and adequate to meet the needs of
the public.
(d)1. Goal. —Health costs which are contained to a level
appropriate to the financial resources of the state and its
residents.
Response — Addressed, in part, in the Master Plan's
Conservation and Coastal Management and Recreation
and Open Space Elements. The Key Biscayne
Community Center encourages healthy living by
making its facilities and programs available to residents
of the Village.
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VILLAGE OF KEY BISCAYNE
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Public Safety
(a) Goal. — Florida shall protect the public by preventing,
discouraging, and punishing criminal behavior, lowering the
highway death rate, and protecting lives and property from
natural and manmade disasters.
Response — Addressed, in part, in the Master Plan's
Capital improvements (Objective 1.1) Element.
Emergency Management is addressed in the
Conservation and Coastal Management Element.
Water Resources
(a) Goal. — Florida shall assure the availability of an
adequate supply of water for all competing uses deemed
reasonable and beneficial and shall maintain the functions
of natural systems and the overall present level of surface
and ground water quality. Florida shall improve and restore
the quality of waters not presently meeting water quality
standards.
Response — As noted in the EAR, the Village shall
coordinate, as appropriate with Miami -Dade County in
the implementation of the Water Supply Facilities
Workplan. Water Resources are addressed in the
Master Plan's Infrastructure (Objectives 1.4; 1.5),
Conservation and Coastal Management (Objectives 1.2,
1.6), Intergovernmental Coordination, and Capital
Improvements (Objective 1.2) Elements.
Coastal and Marine Resources
(a) Goal. — Florida shall ensure that development and
marine resource use and beach access improvements in
coastal areas do not endanger public safety or important
natural resources. Florida shall, through the acquisition and
access improvements, make available to the state's
population additional beaches and marine environment,
consistent with sound environmental planning.
Response —Addressed in the Master Plan's
Conservation and Coastal Management Element
Natural Systems and Recreational Lands
(a) Goal. — Florida shall protect and acquire unique natural
habitats and ecological systems, such as wetlands, tropical
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VILLAGE OF KEY BISCAYNE
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hardwood hammocks, palm hammocks, and virgin longleaf
pine forest, and restore degraded natural systems to a
function condition.
Response — Addressed in the Master Plan's
Conservation and Coastal Management and Recreation
and Open Space Elements.
Air Quality
(a) Goal. —Florida shall comply with all national air quality
standards by 1987, and by 1992 meet standards which are
more stringent than 1985 state standards.
Response — Addressed in the Master Plan's
Conservation and Coastal Management Element
(Objective 1.1).
Energy
(a) Goal. —Florida shall reduce its energy requirements
through enhanced conservation and efficiency measures in
end -use sectors, while at the same time promoting an
increased use of renewable energy resources.
Response — Addressed through ongoing
intergovernmental coordination efforts. The Village will
continue to explore innovate ways to integrate green
technologies in public facilities.
Hazardous and Non -hazardous Materials and Waste
(a) Goal. —All solid waste, including hazardous waste,
wastewater, and all hazardous materials, shall be properly
managed, and the use of landfills shall eventually be
eliminated.
Response — Addressed in the Master Plan's
Conservation and Coastal Management Element
(Objective 1.2).
Mining
(a) Goal. —Florida shall protect its air, land, and water
resources from the adverse effects of resource extraction
and ensure that the disturbed areas are reclaimed or
restored to beneficial use and soon as reasonably possible.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Response — There is no mining in the Village.
Property Rights
(a) Goal. — Florida shall protect private property rights and
recognize the existence of legitimate and often competing
public and private interests in land use regulations and
other government action.
Response — Addressed in the Master Plan's Future
Land Use Element.
Land Use
(a) Goal. — In recognition of the importance of preserving
the natural resources and enhancing the quality of life of the
state, development shall be directed to those areas which
have in place, or have agreements to provide, the land and
water resources, fiscal abilities, and service capacity to
accommodate growth in an environmentally acceptable
manner.
Response — Addressed in the Master Plan's Future
Land Use, Infrastructure, Conservation and Coastal
Management, and Capital Improvements Elements
Urban and Downtown Revitalization
(a) Goal. — In recognition of the importance of Florida's vital
urban centers and of the need to develop and redevelop
downtowns to the state's ability to use existing infrastructure
and to accommodate growth in an orderly, efficient, and
environmentally acceptable manner, Florida shall
encourage the centralization of commercial, government,
retail, residential, and cultural activities within downtown
areas.
Response — The commercial area of Key Biscayne is
well -established and confined. Numerous studies have
been undertaken the goal of enhancing and
strengthening the downtown core.
Public Facilities
(a) Goal. — Florida shall protect the substantial investments
in public facilities that already exist and shall plan for and
finance new facilities to serve residents in a timely, orderly,
and efficient manner.
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VILLAGE OF KEY BISCAYNE
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KEY BISCAYNE MASTER PLAN
Response — Addressed in the Master Plan's Capital
Improvements Element (Objective 1.1, 1.5)
Cultural and Historical Resources
(a) Goal. — By 1995, Florida shall increase access to its
historical and cultural resources and programs and
encourage the development of cultural programs of national
excellence.
Response — Addressed in the Master Plan's Future
Land Use, Housing, and Conservation and Coastal
Management Elements
Transportation
(a) Goal. — Florida shall direct future transportation
improvements to aid in the management of growth and shall
have a state transportation system that integrates highway,
air, mass transit, and other transportation modes.
Response — Addressed in the Master Plan's Traffic
Circulation Element.
Governmental Efficiency
(a) Goal. — Florida governments shall economically and
efficiently provide the amount and quality of services
required by the public.
Response — Addressed in the Master Plan's Capital
Improvements Element (Objective 1.1, 1.5)
The Economy
(a) Goal. — Florida shall promote an economic climate which
provides economic stability, maximizes job opportunities,
and increase per capita income for its residents.
Response — The per capita income of Key Biscayne,
$54,213, exceeds the per capita income of Miami -Dade
County by $35,716.
Agriculture
(a) Goal. —Florida shall maintain and strive to expand its
food, agriculture, ornamental horticulture, aquaculture,
forestry, and related industries in order to be a healthy and
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KEY BISCAYNE MASTER PLAN
competitive force in the national and international
marketplace.
Response — There is no agriculture in the Village.
Tourism
(a) Goal. — Florida will attract at least 55 million tourists
annually by 1995 and shall support efforts by all areas of
the state wishing to develop or expand tourist -related
economies.
Response — The Village is located between two major
local and regional attractions: Bill Baggs Cape Florida
State Park, located to the south, had 565,976 visitors
between 2002-2003 and 567,657 visitors between 2003 -
and 2004; Miami -Dade County -owned Crandon Park to
the north had 833,114 visitors in 2003 and 755,297
visitors in 2004.
Employment
(a) Goal. — Florida shall promote economic opportunities for
its unemployed and economically disadvantaged residents.
Response — Key Biscayne is not an employment center,
but rather mostly a bedroom community.
Plan Implementation
(a) Goal. — Systematic planning capabilities shall be
integrated into all levels of government in Florida with
particular emphasis on improving intergovernmental
coordination and maximizing citizen involvement.
Response — Addressed in Intergovernmental
Coordination Element.
(2) Recommended Amendments to Achieve Compliance with
the State Comprehensive Plan Elements
Based on a review of the Master Plan's compliance with State
Comprehensive Plan Elements, the following
recommendations for amendments are being made.
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VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
b. Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163 (Part II), F.S.
In July 2005 the State of Florida adopted additional
amendments to Chapter 163 and its growth management
requirements. A table indicating the manner in which the
Village of Key Biscayne is addressing the requirements of
Chapter 163, Florida Statues, is below.
(1) Manner of Compliance with Local Government
Comprehensive Planning and Land Development
Regulation Act, Chapter 163 (Part II), F.S.
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LL -r .... L VI r\L. I L.;IVV/A I I
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
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Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
"•• 'i"r•
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r 3
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78
Exempted brownfield area amendments from the twice -a-
year limitation.
163.3187(1)(g)
79
Required that the capital improvements element set forth
standards for the management of debt.
163.3177(3)(a)4.
Capital Improvements
Element, Procedural
80
Required inclusion of at least two planning periods — at
least 5 years and at least 10 years.
163.3177(5)(a)
Procedural
81
Allowed multiple individual plan amendments to be
considered together as one amendment cycle.
163.3184(3)(d)
Procedural
82
Defined "optional sector plan" and created Section
163.3164(31) and
Procedural
163.3245 allowing local governments to address DRI issues
within certain identified geographic areas.
163.3245
83
Established the requirements for a public school facilities
element.
163.3177(12)
Intergovernmental
Coordination Element,
Procedural
84
Established the minimum requirements for imposing school
163.3180(12)
X
concurrency.
[Now: Section (13)]
85
Required DCA adopt minimum criteria for the compliance
163.3180(13)
X
determination of a public school facilities element
imposing school concurrency.
[Now: Section14)]
86
Required that evaluation and appraisal reports address
163.3191(2)(i)
Evaluation and Appraisal
coordination of the comp plan with existing public schools
and the school district's 5 -year work program.
[Now: 163.3191(2)(k)]
Report and
Intergovernmental
Wallace Roberts & Todd, LLC
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Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
Coordination Element
87
Amended the definition of "in compliance" to include
consistency with Sections 163.3180 and 163.3245.
163.3184(1)(b)
Intergovernmental
Coordination Element,
Procedural
88
Required DCA to maintain a file with all documents
received or generated by DCA relating to plan
amendments and identify; limited DCA's review of
proposed plan amendments to written comments, and
required DCA to identify and list all written
communications received within 30 days after transmittal
of a proposed plan amendment.
163.3184(2), (4), and (6)
X
89
Allowed a local government to amend its plan for a
period of up to one year after the initial determination of
sufficiency of an adopted EAR even if the EAR is
insufficient.
163.3187(6)(b)
Procedural
90
Substantially reworded Section 163.3191, F.S., related to
evaluation and appraisal reports.
163.3191
Evaluation and Appraisal
Report
91
Changed the population requirements for municipalities
and counties which are required to submit otherwise
optional elements.
.�fe
M; 5„e.•.
163.3177(6)(i)
X
9
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92
Required that ports and local governments in the coastal
area, which has spoil disposal responsibilities, identify
dredge disposal sites in the comp plan.
163.3178(7)
X
9
Exempted from the twice -per -year limitation certain port
related amendments for port transportation facilities and
projects eligible for funding by the Florida Seaport
163.3187(1)(h)
X
Wallace Roberts & Todd, LLC
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V ILLtW. L LIr r\G I L.)IJV/'1 I IV L.
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
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Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
Transportation and Economic Development Council.
94
Required rural counties to base their future land use plans
and the amount of land designated industrial on data
regarding the need for job creation, capital investment, and
economic development and the need to strengthen and
diversity local economies.
163.3177(6)(a)
X
95
Added the Growth Policy Act to Ch. 163, Part II to
promote urban infill and redevelopment.
163.2511,163.25,14,163
.2517,163.2520,163.252
3, and 163.2526
X
96
Required that all comp plans comply with the school siting
requirements by October 1, 1999.
163.3177(6)(a)
Intergovernmental
Coordination Element
97
Made transportation facilities subject to concurrency.
163.3180(1)(a)
Transportation
Circulation and Capital
Improvements Elements
98
Required use of professionally accepted techniques for
measuring level of service for cars, trucks, transit, bikes and
pedestrians.
163.3180(1)(b)
Transportation
Circulation and Capital
Improvements Elements
99
Excludes public transit facilities from concurrency
requirements.
163.3180(4)(b)
Capital Improvements
Element
100
Allowed multiuse DRIs to satisfy the transportation
concurrency requirements when authorized by a local
comprehensive plan under limited circumstances.
163.3180(12)
Procedural
101
Allowed multimodal transportation districts in areas
where priorities for the pedestrian environment are assigned
by the plan.
163.3180(15)
Procedural
102
Exempted amendments for urban infill and
redevelopment areas, public school concurrency from
163.31879(1)(h) and (i)
[Now: (i) and (j)]
X
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VILLHVC ur r\. CT t3IJL,/-'T INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
the twice -per -year limitation.
103
Defined brownfield designation and added the assurance
that a developer may proceed with development upon
receipt of a brownfield designation. [Also see Section
163.3221(1) for "brownfield" definition.)
163.3220(2)
X
3S
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104
Repealed Section 163.3184(11)(c), F.S., that required
funds from sanction for non -compliant plans go into the
Growth Management Trust Fund.
163.3184(11)(c)
[Now: Repealed]
X
105
Repealed Section 163.3187(7), F.S. that required
consideration of an increase in the annual total acreage
threshold for small scale plan amendments and a report by
DCA.
163.3187(7)
[Now: Repealed]
X
106
Repealed Sections 163.3191(13) and (15), F.S.
163.3191(13) and
[Now: Repealed]
(15)
X
107
Allowed small scale amendments in areas of critical
state concern to be exempt from the twice -per -year
limitation only if they are for affordable housing.
163.3187(1)(c)l.e
X
108
wr,-,*'y, ,
Added exemption of sales from local option surtax imposed
under Section 212.054, F.S., as examples of incentives for
new development within urban infill and redevelopment
areas.
••,m+i 't , •<tt •��' '�*<9 ..�'
163.2517(3)(j)2.
X
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``t�� � ,� „
109 Created the rural land stewardship area program.
.� .. s,:y,.fy"^,�;;.,,,,.":y '`s'
163.3177(11)(d)
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n4v<i;` ":�� .;L, ..
"r'" �x',sic',c; a,.:«t't:'•:' °r % `Y' �'
��!'"r; i:r' `?r" +:ti i,;.`t '„:%M" rt. r`, '..��, >,i
,r ,nom ,g,kx 4'?ti:w,s, kH„ ,su} it , , . '4 .i�
x` a"t, �., ,.�, t.r, "', �.•' ,
$Y� " 3iSbra .tiu� .1'.'Yrh`' i�`'riy ,rk � �
\
'x -. t `' �^ '< '\ 'y �,' �
110
Required that all agencies that review comprehensive plan
163.3174
Intergovernmental
�
Wallace Roberts & Todd, LLC
114
VILLHt,I_ Ur r\CY tsIJl.LHT INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
amendments and rezoning include a nonvoting
representative of the district school board.
Coordination Element
111
Required coordination of local comprehensive plan with
the regional water supply plan.
163.3177(4)(a)
Intergovernmental
Coordination
112
Plan amendments for school -siting maps are exempt from
s. 163.3187(1)'s limitation on frequency.
163.3177(6)(a)
X
113
Required that by adoption of the EAR, the sanitary sewer,
solid waste, drainage, potable water and natural
groundwater aquifer recharge element consider the regional
water supply plan and include a 10 -year work plan to
build the identified water supply facilities.
163.3177(6)(c)
Intergovernmental
Coordination Element
114
Required consideration of the regional water supply plan
in the preparation of the conservation element.
163.3177(6)(d)
Intergovernmental
Coordination Element
115
Required that the intergovernmental coordination
element (ICE) include relationships, principles and
guidelines to be used in coordinating comp plan with
regional water supply plans.
163.3177(6)(h)
Intergovernmental
Coordination Element
116
Required the local governments adopting a public
educational facilities element execute an inter -local
agreement with the district school board, the county, and
non -exempting municipalities.
163.3177(6)(h)4.
Intergovernmental
Coordination Element
117
Required that counties larger than 100,000 population and
their municipalities submit a inter -local service delivery
agreements (existing and proposed, deficits or duplication
in the provisions of service) report to DCA by January 1,
2004. Each local government is required to update its ICE
based on the findings of the report. DCA will meet with
163.3177(6)(h)6., 7., &
8.
X
Wallace Roberts & Todd, LLC
115
VILLHIvt tit- t\tY C31Jl../kY INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
es to Chapter 163, F.S. 1998-2005
Changes p*
163, F.S. Citations
N/A
Addressed
(where/how)
Amendment Needed
By Element
affected parties to discuss and id strategies to remedy any
deficiencies or duplications.
118
Required local governments and special districts to provide
recommendations for statutory changes for annexation
to the Legislature by February 1, 2003.
163.3177(6)(h)9.
X
119
Added a new Section 163.31776 that allows a county, to
adopt an optional public educational facilities element in
cooperation with the applicable school board.
163.31776
X
120
Added a new Section 163.31777 that requires local
governments and school boards to enter into an inter -local
agreement that addresses school siting, enrollment
forecasting, school capacity, infrastructure and safety needs
of schools, schools as emergency shelters, and sharing of
facilities.
163.31777
Intergovernmental
Coordination Element
121
Added a provision that the concurrency requirement for
transportation facilities may be waived by plan amendment
for urban infill and redevelopment areas.
163.3180(4)(c)
X
122
Expanded the definition of "affected persons" to include
property owners who own land abutting a change to a
future land use map.
163.3184(1)(a)
Procedural
123
Expanded the definition of "in compliance" to include
consistency with Section 163.31776 (public educational
facilities element).
163.3184(1)(b)
Procedural
Intergovernmental
Coordination Element
124
Streamlined the timing of comprehensive plan
amendment review.
163.3184(3), (4), (6),
(7), and (8)
Procedural
125
Required that local governments provide a sign -in form at
the transmittal hearing and at the adoption hearing for
163.3184(15)(c)
Procedural
Wallace Roberts & Todd, LLC
116
VILLAUE UI- KEY 1315(.:AYNt
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
persons to provide their names and addresses.
126
Exempted amendments related to providing transportation
improvements to enhance life safety on "controlled access
major arterial highways" from the limitation on the
frequency of plan amendments contained in s.163.3187(1).
163.3187(1)(k)
X
127
Required EARS to include (1) consideration of the
appropriate regional water supply plan, and (2) an
evaluation of whether past reductions in land use densities
in coastal high hazard areas have impaired property rights
of current residents where redevelopment occurs.
163-3191(2)(1)
Future Land Use and
Intergovernmental
Coordination Elements
128
Allowed local governments to establish a special master
process to assist the local governments with challenges to
local development orders for consistency with the
comprehensive plan.
163.3215
Procedural
129
Created the Local Government Comprehensive Planning
Certification Program to allow less state and regional
oversight of comprehensive plan process if the local
government meets certain criteria.
163.3246
X
130
Added a provision to Section 380.06(24), Statutory
Exemptions, that exempts from the requirements for
developments of regional impact, any water port or marina
development if the relevant local government has adopted a
"boating facility siting plan or policy" (which includes
certain specified criteria) as part of the coastal management
element or future land use element of its comprehensive
plan. The adoption of the boating facility siting plan or
policy is exempt from the limitation on the frequency of
163.3187(1)
X
Conservation and
Coastal Management
Wallace Roberts & Todd, LLC
117
VILLHVC'ur t1CY DIJIdf-in IVC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
plan amendments contained in s.163.3187(1).
131
Prohibited a local government, under certain conditions,
from denying an application for development approval
for a requested land use for certain proposed solid waste
management facilities.
163.3194(6)
Procedural
tt,,,. 'Y3� ea'Y `N,. - rr"-"rxa.a. ,1' .; 0 3' `:,s.; a. k:t �qr, .. s:
'� y� 1; �t �' „^,'fir `!'; "V i1, '`�irr r"t' i.. �i ;:4`'n'".>^'.
' .,�'�" � 5 :>!" Y 4„ ��� `�, �: wY >�a'd'i$I•, ''N aYMv :tY ��p $ .�eU� �
�l <�t, ;.� f < w� ..,,4; ralC'� .> `,y'-:!• .i�;o?�'2n �" •�f• � a'a"E:..
h+ii'� .tea;`; < rr7'ii l
a ;r 4� �3�' Y. . 1 ,,.(13 8 £":' .w f ,I;ays of Florida]. .'�Y, ���i• � � �,v
z v.� .; Sy�.2�i ,y
� a cu._r,.r w� ri�ex' n; 4 trnM �,;. ,u.. �1,;,,,_, a. ;�.. e , ix�
.
132
, _ �. .K'„'+�.<;� ,,. ,
Creates the Agricultural Lands and Practices Act.
(2): Provides legislative findings and purpose with respect
to agricultural activities and duplicative regulation.
(3): Defines the terms "farm," "farm operation," and
"farm product" for purposes of the act.
(4): Prohibits a county from adopting any ordinance,
resolution, regulation, rule, or policy to prohibit or
otherwise limit a bona fide farm operation on land that is
classified as agricultural land.
(4)(a): Provides that the act does not limit the powers of a
county under certain circumstances.
(4)(b): Clarifies that a farm operation may not expand its
operations under certain circumstances.
(4)(c): Provides that the act does not limit the powers of
certain counties.
_�
163.3162
X
X
X
X
X
X
Wallace Roberts & Todd, LLC
118
V ILL/1VC VI- r\C T CIJV/-1 T IVC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
(4)(d): Provides that certain county ordinances are not
deemed to be a duplication of regulation.
X
133
Changes "State Comptroller" references to "Chief
Financial Officer."
163.3167(6)
X
134
Provides for certain airports to abandon DRI orders.
163.3177(6)(k)
X
135
Amended to conform to the repeal of s. 235.185 and the
enactment of similar material in s. 1013.35.
163.31776(1)(b)(2)-(3)
X
136 Amended to conform to the repeal of ch. 235 and the
enactment of similar material in ch. 1013.
163.37111(1)(c), (2)(e)-
(f), (3)(c), (4), (6)(b)
X
,•st,.aasa axia �•�rW w .•�'�r�r�,v,:' ,7w t. °,s,},Y.;,: r �: h:' .•s•i: •t;.>;., i. ;•i .•. ., ,.-
�� Y`J�, 1` r ik; �'.> Y.ir ryT eA .,
_ . r K ° �. em » r. ,. .. -2• c 4- 84 s. 2, Laws of Florida.
,� .c �. ., . :' . 4- :4I ,s.1.,.4 • :�72 ;"2 hr:�4-381, ,ss 1 h. 0 3
����N�V <fk,.. ��.t��..s. i..n . i. �` �n
1:i ;�»;
.w.•.
137
is .,,. .^! .� .� .. .. -...+ll��.4..�i'b. i
(10): Amended to conform to the repeal of the Florida
High -Speed Rail Transportation Act, and the creation of
the Florida High -Speed Rail Authority Act.
(13): Created to require local governments to identify
adequate water supply sources to meet future demand.
(14): Created to limit the effect of judicial determinations
issued subsequent to certain development orders pursuant
to adopted land development regulations.
163.3167
X
Intergovernmental
Coordination Element
Procedural
138
(1): Provides legislative findings on the compatibility of
development with military installations.
(2): Provides for the exchange of information relating to
proposed land use decisions between counties and local
Creates 163.3175.
X
X
Wallace Roberts & Todd, LLC
119
VILLHVC Vr r\GT DIOL•MT INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
governments and military installations.
(3): Provides for responsive comments by the
commanding officer or his/her designee.
(4): Provides for the county or affected local government to
take such comments into consideration.
(5): Requires the representative of the military installation
to be an ex -officio, nonvoting member of the county's or
local government's land planning or zoning board.
(6): Encourages the commanding officer to provide
information on community planning assistance grants.
X
X
X
X
139
(6)(a):
• Changed to require local governments to amend the future
land use element by June 30, 2006 to include criteria to
achieve compatibility with military installations.
• Changed to specifically encourage rural land stewardship
area designation as an overlay on the future land use map.
(6)(c): Extended the deadline adoption of the water supply
facilities work plan amendment until December 1, 2006;
provided for updating the work plan every five years; and
exempts such amendment from the limitation on frequency
of adoption of amendments.
(10)(1): Provides for the coordination by the state land
163.3177
X
Intergovernmental
Coordination Element
Wallace Roberts & Todd, LLC
120
VILL/1VC Vr r\C i DIOLA/-1. 1 IVc
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
Addressed
(where/how)
Amendment Needed
By Element
planning agency and the Department of Defense on
X
compatibility issues for military installations.
(11)(d)1.: Requires DCA, in cooperation with other
specified state agencies, to provide assistance to local
governments in implementing provisions relating to rural
X
land stewardship areas.
(11)(d)2.: Provides for multicounty rural land
X
stewardship areas.
(11)(d)3.-4: Revises requirements, including the acreage
X
threshold for designating a rural land stewardship area.
(11)(d)6.j.: Provides that transferable rural land use
X
credits may be assigned at different ratios according to the
natural resource or other beneficial use characteristics of
the land.
(11)(e): Provides legislative findings regarding mixed -use,
X
high -density urban infill and redevelopment projects;
requires DCA to provide technical assistance to local
governments.
(11)(f): Provides legislative findings regarding a program
X
for the transfer of development rights and urban infill and
redevelopment; requires DCA to provide technical
Wallace Roberts & Todd, LLC
121
V ILLf1'C 'Jr rri I unovey I ivL.
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
assistance to local governments.
140
(1): Provides legislative findings with respect to the
shortage of affordable rentals in the state.
(2): Provides definitions.
(3): Authorizes local governments to permit accessory
dwelling units in areas zoned for single family residential
use based upon certain findings.
(4) An application for a building permit to construct an
accessory dwelling unit must include an affidavit from the
applicant which attests that the unit will be rented at an
affordable rate to a very -low-income, low-income, or
moderate -income person or persons.
(5): Provides for certain accessory dwelling units to apply
towards satisfying the affordable housing component of the
housing element in a local government's comprehensive
plan.
(6): Requires the DCA to report to the Legislature.
Creates 163.31771
X
Procedural
Housing Element
Procedural
Housing Element
141
Amends the definition of "in compliance" to add
language referring to the Wekiva Parkway and Protection
Act.
163.3184(1)(b)
X
142
(1)(m): Created to provide that amendments to address
criteria or compatibility of land uses adjacent to or in close
163.3187
X
Wallace Roberts & Todd, LLC
122
VILLA Ut- KLY t�l ,PtYiNC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
proximity to military installations do not count toward the
limitation on frequency of amending comprehensive plans.
(1)(n): Created to provide that amendments to establish or
implement a rural land stewardship area do not count
toward the limitation on frequency of amending
comprehensive plans.
X
143
Created to provide that evaluation and appraisal reports
evaluate whether criteria in the land use element were
successful in achieving land use compatibility with
militar[) installations.
163.3191(2)(n)
X
�
«d k �Ly y�,��,g, ' S • d, • „„]p3,i� � •' 7 ,�3:�4. � ;x , } 6 . • r ,... . .. �
y �. ^4. � ,i.li �� � ��0, V� i yl.
M(j'�.,
'i�>i
.er,.
. r
'��y �•<���Y!",""..
'i'
5.
iv �� �� � h`rt„'") , uY=
ra.y <hh � e,�' 4 4{F %
1 + s < Y., 3 �, 1�1!(�' , 1 �y�1 1},�1e::ff r� s of Florida]
ek •Y 'r; , '"+ .g 2, ','„S> }/��yj}({/�jy/' "�;v �7 �t:Jv'-'4. ka.":k7 k7 w'.ryg�V y�,4:"2'n.i.A4Lw�71'Jf1 '�tVJ.
�a�"lk,�:,e�d��}�i��tpi t„ «F: " � ��. l ..
.. ,
. 3.
t„
•„�
144
Added the definition of "financial feasibility."
Creates ss. 163.3164(32)
145
(2): Required comprehensive plans to be "financially"
rather than "economically" feasible.
163.3177
Procedural; Capital
Improvements and
Future Land Use
(3)(a)5.: Required the comprehensive plan to include a 5-
year schedule of capital improvements. Outside funding
Elements
(i.e., from developer, other government or funding pursuant
to referendum) of these capital improvements must be
guaranteed in the form of a development agreement or
interlocal agreement.
(3)(a)6.b.1.: Required plan amendment for the annual
update of the schedule of capital improvements. Deleted
provision allowing updates and change in the date of
construction to be accomplished by ordinance.
Wallace Roberts & Todd, LLC
123
VILLHI,C VI- t\CY rsioL HY IVC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
(3)(a)6.c.: Added oversight and penalty provision for
failure to adhere to this section's capital improvements
requirements.
(3)(a)6.d.: Required a long-term capital improvement
schedule if the local government has adopted a long-term
Capital Improvements
concurrency management system.
Element
(6)(a): Deleted date (October 1, 1999) by which school
Procedural
sitting requirements must be adopted.
(6)(a): Add requirement that future land use element of
X
coastal counties must encourage the preservation of
working waterfronts, as defined in s.342.07, F.S.
(6)(c): Required the potable water element to be updated
within 18 months of an updated regional water supply plan
Infrastructure and
to incorporate the alternative water supply projects
Intergovernmental
selected by the local government to meet its water supply
Coordination Elements
needs.
Recreation and Open
(6)(e): Added waterways to the system of sites addressed by
Space Element
the recreation and open space element.
(11)(d)4.c.: Required rural land stewardship areas to
X
address affordable housing.
Wallace Roberts & Todd, LLC
124
V ILL../-kl-7C, Vr me T DIJL#/-1T INC,
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
g
163, F.S. Citations
N/A
Addressed
(where/how)
Amendment Needed
By Element
(11)(d)5.: Required a listed species survey be performed
on rural land stewardship receiving area. If any listed
species present, must ensure adequate provisions to protect
them.
(11)(d)6.: Must enact an ordinance establishing a
methodology for creation, conveyance, and use of
stewardship credits within a rural land stewardship
area.
(11)(d)6.j.: Revised to allow open space and agricultural
land to be just as important as environmentally sensitive
land when assigning stewardship credits.
(12): Must adopt public school facilities element.
(12)(a) and (b): A waiver from providing this element will
be allowed under certain circumstances.
(12)(g): Expanded list of items to be to include colocation,
location of schools proximate to residential areas, and
use of schools as emergency shelters.
(12)(h): Required local governments to provide maps
depicting the general location of new schools and school
improvements within future conditions maps.
X
X
X
Interlocal agreement with
County School Board
Interlocal agreement with
County School Board
Interlocal agreement with
County School Board
Interlocal agreement with
County School Board
Wallace Roberts & Todd, LLC
125
VILLAU Ul- KtY l LAY ivt
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
(12)(i): Required DCA to establish a schedule for
adoption of the public school facilities element.
(12)(j): Established penalty for failure to adopt a public
school facility element.
(13): (New section) Encourages local governments to
develop a "community vision," which provides for
sustainable growth, recognizes its fiscal constraints, and
protects its natural resources.
(14): (New section) Encourages local governments to
develop a "urban service boundary," which ensures the
area is served (or will be served) with adequate public
facilities and services over the next 10 years. See s.
163.3184(17).
X
Interlocal agreement with
County School Board
Addressed in 2020
Community Vision
Process
146
163.31776 is repealed
163.31776
[Now: Repealed]
147
(2): Required the public schools interlocal agreement (if
applicable) to address requirements for school
concurrency. The opt -out provision at the end of
Subsection (2) is deleted.
(5): Required Palm Beach County to identify, as part of its
EAR, changes needed in its public school element
necessary to conform to the new 2005 public school
163.31777
X
Addressed in
Intergovernmental
Coordination Element
Wallace Roberts & Todd, LLC
126
V1LLAL C Ur f\CT DIJL#/-\TINC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
facilities element requirements.
(7): Provided that counties exempted from public school
facilities element shall undergo re-evaluation as part of its
EAR to determine if they continue to meet exemption
criteria.
X
148
(2)(g): Expands requirement of coastal element to include
strategies that will be used to preserve recreational and
commercial working waterfronts, as defined in s.342.07,
F.S.
163.3178
Addressed in
Recreational and Open
Space Element
149
(1)(a): Added "schools" as a required concurrency item.
(2)(a): Required consultation with water supplier prior to
issuing building permit to ensure "adequate water
supplies" to serve new development is available by the date
of issuance of a certificate of occupancy.
(2)(c): Required all transportation facilities to be in place
or under construction within 3 years (rather than 5 years)
after approval of building permit.
(4)(c): Allowed concurrency requirement for public schools
to be waived within urban infill and redevelopment areas
(163.2517).
(5)(d): Required guidelines for granting concurrency
163.3180
X
Interlocal Agreement w/
County School Board
Intergovernmental
Coordination Element
Procedural
Capital Improvements
Wallace Roberts & Todd, LLC
127
V ILL/ -11/43C Vr nC i DIOL4-\ I INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
exceptions to be included in the comprehensive plan.
Element
(5)(e) — (g): If local government has established
transportation exceptions, the guidelines for
implementing the exceptions must be "consistent with and
support a comprehensive strategy, and promote the
purpose of the exceptions." Exception areas must include
mobility strategies, such as alternate modes of
transportation, supported by data and analysis. FDOT must
be consulted prior to designating a transportation
concurrency exception area. Transportation concurrency
exception areas existing prior to July 1, 2005 must meet
these requirements by July 1, 2006, or when the EAR -based
amendment is adopted, whichever occurs last.
X
(6): Required local government to maintain records to
determine whether 110% de minimis transportation
impact threshold is reached. A summary of these records
must be submitted with the annual capital improvements
element update. Exceeding the 110% threshold dissolves
the de minimis exceptions.
Procedural
(7): Required consultation with the Department of
Transportation prior to designating a transportation
concurrency management area (to promote infill
development) to ensure adequate level -of -service standards
are in place. The local government and the DOT should
X
Wallace Roberts & Todd, LLC
128
vILLALI= Ur MC DI L,/-.YINC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
g p*
163, F.S. Citations
N/A
Addressed
(where/how)
Amendment Needed
By Element
work together to mitigate any impacts to the Strategic
Intermodal System.
(9)(a): Allowed adoption of a long-term concurrency
management system for schools.
(9)(c): (New section) Allowed local governments to issue
approvals to commence construction notwithstanding s.
163.3180 in areas subject to a long-term concurrency
management system.
(9)(d): (New section) Required evaluation in EAR of
progress in improving levels of service..
(10): Added requirement that level of service standard for
roadway facilities on the Strategic Intermodal System
must be consistent with FDOT standards. Standards must
consider compatibility with adjacent jurisdictions.
(13): Required school concurrency (not optional).
(13)(c)l.: Requires school concurrency after five years to
be applied on a "less than districtwide basis" (i.e., by
using school attendance zones, etc).
(13)(c)2.: Eliminated exemption from plan amendment
X
Intergovernmental
Coordination Element;
Interlocal Agreement
with County School
Board
Procedural
Evaluation and Appraisal
Report
Interlocal Agreement w/
County School Board
Interlocal Agreement w/
County School Board
Procedural
Wallace Roberts & Todd, LLC
129
VILLHl7t L)I I\CY CSIJI.HY IVC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
adoption limitation for changes to service area boundaries.
(13)(c)3.: No application for development approval may be
Interlocal Agreement w/
denied if a less-than-districtwide measurement of school
County School Board
concurrency is used; however the development impacts
must to shifted to contiguous service areas with school
capacity.
(13)(e): Allowed school concurrency to be satisfied if a
developer executes a legally binding commitment to
provide mitigation proportionate to the demand.
(13)(e)1.: Enumerated mitigation options for achieving
proportionate -share mitigation.
(13)(e)2.: If educational facilities funded in one of the two
following ways, the local government must credit this
amount toward any impact fee or exaction imposed on the
community:
• contribution of land
• construction, expansion, or payment for land acquisition
(13)(g)2.: (Section deleted) — It is no longer required that a
X
local government and school board base their plans on
consistent population projection and share information
regarding planned public school facilities, development and
redevelopment and infrastructure needs of public school
Wallace Roberts & Todd, LLC
130
VILL/-'HVC L'r r CT DIOl..l1T IVC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
facilities. However, see (13)(g)6.a. for similar requirement.
(13)(g)6.a.: [Formerly (13)(g)7.a.1 Local governments
must establish a uniform procedure for determining if
development applications are in compliance with school
concurrency.
(13)(g)7. [Formerly (13)(8)8.] Deleted language that
allowed local government to terminate or suspend an
interlocal agreement with the school board.
(13)(h): (New 2005 provision) The fact that school
concurrency has not yet been implemented by a local
government should not be the basis for either an approval
or denial of a development permit.
(15): Prior to adopting Multimodal Transportation
Districts, FDOT must be consulted to assess the impact on
level of service standards. If impacts are found, the local
government and the FDOT must work together to mitigate
those impacts. Multimodal districts established prior to July
1, 2005 must meet this requirement by July 1, 2006 or at
the time of the EAR -base amendment, whichever occurs
last.
(16): (New 2005 section) Required local governments to
adopt by December 1, 2006 a method for assessing
X
X
Interlocal Agreement w/
County School Board
Procedural
Capital Improvements
Element: Concurrency
Wallace Roberts & Todd, LLC
131
V ILL/'1VG yr 1\G I 0 IJVn I I'4
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
proportionate fair -share mitigation options. FDOT will
develop a model ordinance by December 1, 2005.
150
(17): (New 2005 section) If local government has adopted a
community vision and urban service boundary, state and
regional agency review is eliminated for plan amendments
affecting property within the urban service boundary. Such
amendments are exempt from the limitation on the
frequency of plan amendments.
(18): (New 2005 section) If a municipality has adopted an
urban infill and redevelopment area, state and regional
agency review is eliminated for plan amendments affecting
163.3184
X
Procedural
Wallace Roberts & Todd, LLC
132
V ILL/'1 . L Vr f\G I U .orA I IN L..
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
property within the urban service boundary. Such
amendments are exempt from the limitation on the
frequency of plan amendments.
151
(1)(c) l .f.: Allowed approval of residential land use as a
small-scale development amendment when the proposed
density is equal to or less than the existing future land use
category. Under certain circumstances affordable housing
units are exempt from this limitation.
(1)(c)4.: (New 2005 provision) If the small-scale
development amendment involves a rural area of critical
economic concern, a 20 -acre limit applies.
(1)(o): (New 2005 provision) An amendment to a rural
area of critical economic concern may be approved
without regard to the statutory limit on comprehensive plan
amendments.
163.3187
X
X
Procedural
Housing Element
152
(2)(k): Required local governments that do not have either a
school interlocal agreement or a public school facilities
element, to determine in the EAR whether the local
government continues to meet the exemption criteria in
s.163.3177(12).
(2)(1): The EAR must determine whether the local
government has met its various water supply requirements,
including development of alternative water supply
163.3191
Evaluation and Appraisal
Report;
Interlocal agreement with
County School Board
Evaluation and Appraisal
Report
Wallace Roberts & Todd, LLC
133
V ILLHVC 'Jr r\C T DIJl.f1 T INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Chapter 163, F.S. 1998-2005
163, F.S. Citations
N/A
*
Addressed
(where/how)
Amendment Needed
By Element
projects.
(2)(o): (New 2005 provision) The EAR must evaluate
whether its Multimodal Transportation District has
achieved the purpose for which it was created.
(2)(p): (New 2005 provision) The EAR must assess
methodology for impacts on transportation facilities.
(10): The EAR -based amendment must be adopted
within a single amendment cycle. Failure to adopt within
this cycle results in penalties. Once updated, the
comprehensive plan must be submitted to the DCA.
X
Evaluation and Appraisal
Report
Procedural
153
(10) New section designating Freeport as a certified
community.
(11) New section exempting proposed DRIs within
Freeport from review under s.380.06, F.S., unless review is
requested by the local government.
163.3246
X
Wallace Roberts & Todd, LLC
134
VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Wallace Roberts & Todd, LLC 135
VILLAGE OF KEY BISCAYNE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
c. Rule Chapter 9J-5, F.A.0
A table demonstrating the manner in which the Village of Key
Biscayne complies the requirements of Rule Chapter 9J-5,
Florida Administrative Code follows.
(1) Manner of Compliance with Chapter 9J-5, F.A.C.
See table on followings pages.
Wallace Roberts & Todd, LLC 136
VILLHVC Vr nCT DIJl.if1TINC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
November 22, 1989
1
Defined availability or available,
concurrency, concurrency management
system, currently available revenue sources,
and public facilities and services. Note: the
definition of availability or available was
repealed March 23, 1994 and the definition of
public facilities and services was repealed
February 25, 2001.
9J-5.003
Procedural
2
Required comprehensive plan amendments
applicable to the Wekiva River Protection
Area to meet requirements of section 369.301,
F.S., in addition to meeting compliance
requirements of section 163.3184, F.S.
9J-5.005(8)
X
3
Required local governments to adopt a
concurrency management system in their
comprehensive plans and established
requirements for such systems.
9J-5.0055
Conservation Coastal
Management and Capital
Improvements Elements
4
Required the capital improvement element to
include requirements to ensure an adequate
concurrency management system is
implemented.
9J-5.016
Capital Improvements
Element (Obj 1.4)
5
Clarified requirements relating to projected
revenue sources that are contingent upon
ratification by public referendum.
9J -5.016(4)(a)2.
Procedural
April 2, 1992
Wallace Roberts & Todd, LLC
137
vii- LJ'1VL VI f\L I 1.)I‘..) %.. 1I IVL
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
6
Defined transportation concurrency
management area, transportation demand
management, transportation system
management, and transportation mobility
element. Note: the definitions of
transportation concurrency management area
and transportation mobility element were
repealed March 23, 1994.
9J-5.003
X
7
Authorized local governments to establish
optional transportation concurrency
management areas and provided requirements
for such areas. Note: this rule was repealed
March 23. 1994.
9J-5.0057
X
8
Required transportation concurrency
management areas to be shown on the future
land use map.
9J -5.006(4)(a)
X
9
Required the capital improvement element to
include requirements to ensure concurrency
management areas are implemented, if
designated.
9J-5.016
Capital Improvements
Element (Obj 1.4)
March 23, 1994
Wallace Roberts & Todd, LLC
138
V ILL/ALIC Lir r\C T DIOl.ir1 T INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
10
Defined central business district, coastal
area, evaluation and appraisal report,
partial evaluation and appraisal report,
proposed evaluation and appraisal report,
sufficiency review, and very low income
family. Note: the definition of very low income
family was repealed March 21, 1999.
9J-5.003
Procedural; Evaluation and
Appraisal Report;
Conservation and Coastal
Management and Housing
Elements
11
Revised the definition of coastal high hazard
areas and modified the definition of coastal
area to provide a definition of the term coastal
planning area. Note: the definition of coastal
planning area was revised March 21. 1999.
9J-5.003
Capital Improvements
Element (Obj. 1.3)
12
Repealed definitions of availability or
available, transportation concurrency
management area, and transportation
mobility element.
9J-5.003
X
13
Required local comprehensive plans to include
a countywide marina siting plan for
participating local governments in the coastal
area and intergovernmental coordination
processes.
9-5.005(1)(c)
X
14
Revised monitoring and evaluation
requirements to include a description of the
public participation process and components
of the evaluation and appraisal process. Note:
Revised February 25, 2001.
9-5.005(7)
Evaluation and Appraisal
Report
Wallace Roberts & Todd, LLC
139
VILL/1Vc lJr me I DIOL'P I IVG
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
15
Added procedures for transmittal and review
of evaluation and appraisal reports and
evaluation and appraisal amendments.
Note: Repealed March 21, 1999 and February
25, 2001.
9J-5.0053
X
16
Revised requirements for the concurrency
management system to include provisions
regarding level of service standards, and
minimum requirements for concurrency,
and authorized local governments to
incorporate within their concurrency
management system optional long term
concurrency management systems,
transportation concurrency management
areas, transportation concurrency exception
areas; concurrency exceptions for projects
that promote public transportation, and
provisions for private contributions to local
government capital improvement planning.
9J-5.0055
Transportation Circulation
(Obj. 1.1), Infrastructure
(Obj. 1.4), Capital
Improvements (Obj 1.2),
Coastal Management (Obj.
3.4) and Intergovernmental
Coordination (Obj. 1.2)
Elements
17
Repealed provisions authorizing establishment
of optional transportation concurrency
management areas and providing
requirements for such areas.
9J-5.0057
X
Wallace Roberts & Todd, LLC
140
VlLLHvt Ur P\CY CS IJl..f-\Y INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
18
Required the Future Land Use Element for
coastal counties and municipalities that have
dredge spoil disposal responsibilities to
identify any existing dredge spoil disposal
sites and include an analysis of the need for
additional dredge spoil disposal sites.
9J -5.006(1)(f)3
and 9J -5.006(2)(f)
X
19
Required the Future Land Use Element to
include an analysis of proposed development
and redevelopment based upon hazard
mitigation reports.
9J -5.006(2)(g)
Future Land Use (Objs. 1.1;
2.4)
20
Required the Future Land Use Element to
include objectives to encourage elimination or
reduction of uses that are inconsistent with an
interagency hazard mitigation report and
ensure the availability of dredge spoil
disposal sites for affected coastal counties and
municipalities.
9J -5.006(3)(b)
X
21
Required policies of the future land use
element to designate dredge spoil disposal
sites for affected coastal counties and
municipalities and establish site selection
criteria for designation of future dredge spoil
disposal sites.
9J -5.006(3)(c)
X
Wallace Roberts & Todd, LLC
141
VILLAbt UI- Kt I ISLAYIVt
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
22
Required local governments to adopt the level
of service standards established by the
9J -5.007(3)(c)
Traffic Circulation (Obj.
1.1), Intergovernmental
Department of Transportation for facilities on
the Florida Intrastate Highway System and
adopt adequate level of service standards for
all other transportation facilities. Note: 9J-
Coordination, Capital
Improvements Elements
5.007 was repealed February 20, 1996, and
has been replaced by 9J-5.019.
23
Required the Ports, Aviation and Related
9J -5.009(2)(c)
Facilities Element to include an analysis of the
need for additional dredge spoil disposal sites
for existing and proposed ports. Note: 9J-
X
5.009 was repealed February 20, 1996, and
has been replaced by 9J-5.019
24
Required the Housing Element inventory and
9J-5.010(1) and
Housing Element
Recommendation to
analysis to:
(2)
add amendment to
Use data from the affordable housing needs
assessment;
Housing Element.
Address housing needs of existing and future
residents;
Avoid the concentration of affordable housing;
and
Address the needs of very -low income families as
well as low and moderate income families.
Wallace Roberts & Todd, LLC
142
VILLHl7C yr r\CT DIOl.HT INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
25
Required Housing Element objectives to
address:
Housing needs of current and future residents;
Sites and distribution of housing for very -low
income and low-income families; and
Use of job training, job creation and economic
solutions to address affordable housing
concerns.
9J-5.010(3)
Recommendation to
add amendment to
Housing Element.
26
Required Coastal Management Element
inventories and analyses to be coordinated
with the countywide marina siting plan.
9J-5.012(2)
Conservation and Coastal
Management Element (Obj.
2.1)
27
Required Coastal Management Element
policies to:
Incorporate recommendations from interagency
hazard mitigation reports;
Address the relocation, mitigation or replacement
of infrastructure within the coastal high -
hazard area;
Include criteria consistent with the countywide
marina siting plan; and
Include a procedure to resolve inconsistencies
between the local comprehensive plan and the
deepwater port master plan.
9J-5.012(3)
Conservation and Coastal
Management Element
Obj. 3.3
Obj. 3.1
Obj. 2.1
N/A
28
Required affected local governments to
incorporate the marina siting plan in the
Coastal Management Element.
9J-5.012(4)
Conservation and Coastal
Management Element (Obj.
2.1)
Wallace Roberts & Todd, LLC
143
VILL -WC Ur Mt)" t IJL /-1Y INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
29
Required objectives of the Intergovernmental
Coordination Element to:
• Ensure coordination in
the designation of new
dredge spoil disposal
sites;
• Involve the navigation
and inlet districts, state
and federal agencies
and the public in
identifying dredge spoil
disposal sites; and
• Resolve conflicts
between a coastal local
government and a
public agency seeking a
dredge spoil disposal
site through the Coastal
Resources Interagency
Management
Committees dispute
resolution process.
9J-5.015(3)
X
X
X
Wallace Roberts & Todd, LLC
144
V ILLf1VC 'Jr r\C I oIJl.t1 I INL
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
30
Required local governments having all or part
of their jurisdiction within the urbanized area
of a Metropolitan Planning Organization to
prepare and adopt a transportation element
which replaces the traffic circulation element,
the mass transit element, and the ports,
aviation and related facilities element and
established requirements for the transportation
element.
9J-5.019
Background Transportation
Section includes maps
depicting
-existing circulation
-traffic control devices
-transit service
-traffic volumes
-speed control
-bicycle and pedestrian plan
May 18,
1994
31
Added provisions for settlement of conflicts
through compliance agreements.
Procedural
Wallace Roberts & Todd, LLC 145
VILLHL,t Ur rrCY DIJI,HT INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
32
Defined adjusted for family size, adjusted
gross income, affordable housing, agency,
amendment, clustering, compatibility,
composition, density, development,
development controls, distribution,
environmentally sensitive lands, extent,
facility availability, floodprone areas,
functional relationship, high recharge area,
hurricane vulnerability zone, intensity,
manufactured home, moderate income
household, natural drainage flow, natural
groundwater aquifer recharge areas or
natural groundwater recharge areas, new
town, Apattern, potable water wellfield,
purchase of development rights, rural
areas, rural village or rural activity center,
stormwater basin, stormwater facilities,
stormwater management system, suitability,
transfer of development rights, urban area,
urban sprawl, very low income household,
wellhead protection area, and wetlands.
Note: the definitions of adjusted for family
size, adjusted gross income, development, and
high recharge area were repealed and the
definitions of affordable housing and wetlands
were revised March 21, 1999.
9J-5.003
Procedural
Wallace Roberts & Todd, LLC
146
VILLAUt Ut- KtY t I L. \Y ivt
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
33
Revised definitions of areas subject to
coastal flooding, conservation uses,
deepwater ports, estuary, low income
household, mobile home, natural
reservations, and oceanic waters.
9J-5.003
Procedural
34
Revised comprehensive plan content
requirements to clarify that the future land
use map or map series must be included in the
adopted comprehensive plan.
9J-5.005(1)
Future Land Use Map
35
Required all goals, objectives, policies,
standards, findings and conclusions of the
comprehensive plan and plan amendments to
be based upon analysis as well as data,
explained the meaning of being based upon
data, referenced the Department's guide to
data sources and National Wetland Inventory
Maps, and authorized local governments to
submit textual portions of their plan or
amendment on electronic processing storage
media.
9J-5.005(2)
Procedural
36
Required goals, objectives and policies to
establish standards for the use of land and
guidelines for land development regulations.
9J-5.005(6)
Future Land Use Element
(Obj. 1.1)
Wallace Roberts & Todd, LLC
147
VILLHVt ur Kt tSIJL./-kYINC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
37
Required plan amendments exempt from the
twice -a -year restriction under the development
of regional impact provision to be transmitted
as required by law and revised adoption by
reference requirements. Note: adoption by
reference requirements were further revised
March 21, 1999.
9J -5.005(2)(g)
Procedural
38
Authorized local governments to recognize in
their comprehensive plans, statutory and
common law vested rights.
9J-5.005(8)
Conservation and Coastal
Management (Obj. 3.1)
39
Required public potable water wells and
wellhead protection areas to be shown on
existing land use map or map series and
provided that educational uses, public
buildings and grounds and other public
facilities may be shown as one land use
category.
9J-5.006(1)]
X
40
Required policies of the Future Land Use
Element to address protection of potable water
wellfields by designating appropriate activities
and land uses within wellhead protection
areas.
9J-5.006(3)
Future Land Use Element
Wallace Roberts & Todd, LLC
148
VII- L -/A1/47 C VI- rXG I L)IJLA/'1 I INC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
41
Required public potable waterwells,
wellhead protection areas, and coastal high
hazard areas to be shown on the future land
use map and provided that educational uses,
public buildings and grounds and other
public facilities may be shown as one land use
category. Provided that if mixed use
categories are used, policies must specify
types of land uses allowed, the percentage
distribution among the mix of uses or other
objective measurement, and the density and
intensity of each use.
9J-5.006(4)
X
42
Provided criteria for reviewing local
comprehensive plans and plan amendments for
adequacy in discouraging the proliferation of
urban sprawl, including indicators of sprawl
and measures for evaluating land uses, local
conditions, and development controls.
9J-5.006(5)
Future Land Use Element
(Obj. 1.1)
43
Required the Housing Element to address
housing for moderate income, low income, and
very low income households, group homes,
foster care facilities, and households with
special housing needs, including rural and
farmworker housing.
9J-5.010
Housing Element (Objs. 1.1,
1.2)
44
Required the Housing Element analysis to
address the existing housing delivery system. [
9J-5.010(2)
Wallace Roberts & Todd, LLC
149
VILLHl7C VI- NC DIJL/-HTIVC
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
45
Required objectives of the Housing Element to
address adequate sites for mobile and
manufactured homes.
9J -5.010(3)(b)
Recommendation to
add amendment to
Housing Element.
46
Required policies of the Housing Element to:
Include specific programs and actions to
streamline the permitting process
and minimize costs and delays for
housing;
Establish principles and criteria guiding
the location of manufactured homes;
Identify interlocal agreements with nearby
local governments to provide
affordable housing; and
Designate sufficient sites at sufficient
densities to accommodate affordable
housing.
9J -5.010(3)(c)
Housing Element
Obj 1.4
Obj. 1.4
Obj. 1.6
47
Required the data and analysis of the Sanitary
Sewer, Solid Waste, Stormwater Management,
Potable Water and Natural Groundwater
Aquifer Recharge Element to identify major
natural drainage features and natural
groundwater aquifer recharge areas,
including areas identified by the water
management district as prime or high
groundwater recharge areas.
9J-5.011(1)
Conservation and Coastal
Management (Obj s. 1.2, 3.1)
and Future Land Use (Obj.
2.5) Element
Wallace Roberts & Todd, LLC
150
V ILLPW L VI (\L I UIJVr1 I IVL
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
KEY BISCAYNE MASTER PLAN
Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
48
Required the policies of the Sanitary Sewer,
Solid Waste, Stormwater Management,
Potable Water and Natural Groundwater
9J-5.011(2)
Infrastructure (Goal 1),
Intergovernmental
Coordination (Obj. 1.2), and
Aquifer Recharge Element to establish water
quality standards for stormwater recharge.
Conservation and Coastal
Management (Obj. 1.2)
Elements
49
Required the Conservation Element to identify
and analyze groundwater and important fish
or shellfish areas.
9J-5.013(1)
Conservation and Coastal
Management Element (Obj.
1.2, 1.7)
50
Required policies of the conservation element
9J-5.013(2) and
Conservation and Coastal
to address land uses known to affect adversely
the quality and quantity of water sources,
including natural groundwater recharge areas,
well head protection areas and surface waters
used as a source of public water supply, and
the protection and conservation of wetlands.
(3)
Management Element
February 20, 1996
51
Repealed rule requirements for the Traffic
9J-5.007, 9J -
Circulation Element; Mass Transit Element;
5.008, and 9J -
Ports, Aviation and Related Facilities
5.009
X
Element. Note: Certain local governments
must continue to prepare these elements
pursuant to 163.3177, F.S., and 9J-5.019,
F.A.C.
52
Repealed rule requirements for the Recreation
and Open Space Element. Note: Section
9J-5.014
Recreation and Open Space
Element
163.3177, F.S., requires local governments to
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Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
prepare this element.
53
Repealed rule requirements for consistency of
local government comprehensive plans with
Comprehensive Regional Policy Plans and
with the State Comprehensive Plan. Note:
Local government comprehensive plans are
required by section 163.3184(1)(b), F.S., to be
consistent with the applicable Strategic
Regional Policy Plan and the State
Comprehensive Plan.
9J-5.021
X
Evaluation and Appraisal
Report
October 20, 1998
54
Established requirements for the Public School
Facilities Element for Public School
Concurrency for local governments that adopt
school concurrency.
9J-5.025
_
Intergovernmental
Coordination
March 21, 1999
55
Defined public transit and stormwater
management facilities
9J-5.003
Procedural
56
Revised the definitions of affordable housing,
coastal planning area, port facility, and
wetlands.
9J-5.003
Procedural; Housing and
Conservation and Coastal
Management Elements
57
Repeal the definitions of adjusted for family
size, adjusted gross income, development,
high recharge area or prime recharge area,
9J-5.003
Housing Element
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Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
mass transit, paratransit, public facilities,
very low-income family.
58
Revised provisions relating to adoption by
reference into the local comprehensive plan.
9J -5.005(2)(g)
and (8)(j)
Procedural
59
Repealed transmittal requirements for proposed
evaluation and appraisal reports, submittal
requirements for adopted evaluation and
appraisal reports, criteria for determining the
sufficiency of adopted evaluation and appraisal
reports, procedures for adoption of evaluation
and appraisal reports. Note: transmittal
requirements for proposed evaluation and
appraisal reports and submittal requirements
for adopted evaluation and appraisal reports
were incorporated Rule Chapter 9J-11, F.A.C.
9J-5.0053(2)
through (5)
Procedural
Evaluation and Appraisal
Report
60
Repealed conditions for de minimis impact
and referenced conditions in subsection
163.3180(6), F.S.
9J-5.0055(3)6
Procedural
61
Required the future land use map to show the
transportation concurrency exception area
boundaries of such areas have been designated
and areas for possible future municipal
incorporation.
9J-5.006(4)
X
62
Required objectives of the Sanitary Sewer,
Solid Waste, Stormwater Management, Potable
Water and Natural Groundwater Aquifer
9J-5.011(2)
Infrastructure (Obj. 1.1),
Conservation and Coastal
Management (Obj. 1.2)
Elements
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Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
recharge and prime recharge areas.
63
Repealed the Intergovernmental
Coordination Element process to determine if
development proposals would have significant
impacts on other local governments or state or
regional resources or facilities, and provisions
relating to resolution of disputes, modification
of development orders, and the rendering of
development orders to the Department of
Community Affairs (DCA)
9J-5.015(4)
X
64
Clarified that local governments not located
within the urban area of a Metropolitan
Planning Organization are required to adopt a
Traffic Circulation Element and that local
governments with a population of 50,000 or
less are not required to prepare Mass Transit
and Ports, Aviation and Related Facilities
Elements.
9J-5.019(1)
X
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Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
65
Required objectives of the Transportation
Element to:
9J -5.019(4)(b)
• Coordination the siting of new, or
expansion of existing ports, airports,
or related facilities with the Future
Land Use, Coastal Management, and
Conservation Elements;
X
• Coordination surface transportation
access to ports, airports, and related
facilities with the traffic circulation
system;
X
• Coordination ports, airports, and related
facilities plans with plans of other
transportation providers; and
X
• Ensure that access routes to ports,
airports and related facilities are
properly integrated with other modes of
transportation.
X
66
Required policies of the Transportation
Element to:
9J -5.019(4)(c)
Provide for safe and convenient on -site
traffic flow;
Transportation Circulation
Element (Obj. 1.1)
Establish measures for the acquisition and
preservation of public transit rights -of-
way and corridors;
Transportation Circulation
Element (Obj. 1.4)
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Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
Promote ports, airports and related
facilities development and expansion;
X
Mitigate adverse structural and non-
structural impacts from ports, airports
and related facilities;
X
Protect and conserve natural resources
within ports, airports and related
facilities;
X
Coordinate intermodal management of
surface and water transportation within
ports, airports and related facilities; and
X
Protect ports, airports and related facilities
from encroachment of incompatible
land uses.
X
67
Added standards for the review of land
development regulations by the Department.
9J-5.022
Procedural
68
Added criteria for determining consistency of
land development regulations with the
comprehensive plan.
9J-5.023
Procedural
Future Land Use Element
(Obj. 1.1)
February 25, 2001
69
Defined general lanes
9J-5.003
Procedural
Transportation Circulation
Element
70
Revised the definition of "marine wetlands."
9J-5.003
Procedural
Conservation and Coastal
Management Element
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Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
71
Repeal the definition of "public facilities and
services."
9J-5.003
X
72
Revised procedures for monitoring, evaluating
and appraising implementation of local
comprehensive plans.
9J-5.005(7)
Evaluation and Appraisal
Report
73
Repealed requirements for evaluation and
appraisal reports and evaluation and appraisal
amendments.
9J-5.0053
X
74
Revised concurrency management system
requirements to include provisions for
establishment of public school concurrency.
9J-5.005(1) and
(2)
Intergovernmental
Coordination (Obj. 1.1)
75
Authorized local governments to establish
multimodal transportation level of service
standards and established requirements for
multimodal transportation districts.
9J -5.0055(2)(b)
and (3)(c)
X
76
Authorized local governments to establish level
of service standards for general lanes of the
Florida Intrastate Highway System within
urbanized areas, with the concurrence of the
Department of Transportation.
9J -5.0055(2)(c)
Transportation Circulation
(Obj. 1.1)
77
Provide that public transit facilities are not
subject to concurrency requirements.
9J-5.0055(8)
Procedural
78
Authorized local comprehensive plans to
permit multi -use developments of regional
impact to satisfy the transportation concurrency
requirements by payment of a proportionate
share contribution.
9J-5.0055(9)
Capital Improvements
Element
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Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
79
Required the future land use map to show
multimodal transportation district
boundaries, if established.
9J-5.006(4)
X
80
Authorized local governments to establish
multimodal transportation districts and, if
established, required local governments to
establish design standards for such districts.
9J-5.006(6)
X
81
Required data for the Housing Element include
a description of substandard dwelling units
and repealed the requirement that the housing
inventory include a locally determined
definition of standard and substandard housing
conditions.
9J -5.010(1)(c)
Housing Element (Obj. 17)
82
Authorized local governments to supplement
the affordable housing needs assessment with
locally generated data and repealed the
authorization for local governments to conduct
their own assessment.
9J -5.10(2)(b)
Housing Element (Obj. 1.4)
83
Required the Intergovernmental Coordination
Element to include objectives that ensure
adoption of interlocal agreements within one
year of adoption of the amended
Intergovernmental Coordination Element and
ensure intergovernmental coordination between
all affected local governments and the school
board for the purpose of establishing
requirements for public school concurrency.
9J -5.015(3)(b)
Housing Element (Objs.1.1,
1.2,1.3)
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Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
84
Required the Intergovernmental Coordination
Element to include:
9J -5.015(3)(c)
Policies that provide procedures to identify
and implement joint planning areas for
purposes of annexation, municipal
incorporation and joint infrastructure
service areas;
Housing Element (Obj. 1.2)
Recognize campus master plan and
provide procedures for coordination of
the campus master development
agreement;
X
Establish joint processes for collaborative
planning and decision -making with
other units of local government;
Housing Element (Obj. 1.1,
1.2, 1.3)
Establish joint processes for collaborative
planning and decision making with the
school board on population
projections and siting of public school
facilities;
Housing Element (Obj. 1.1)
Establish joint processes for the siting of
facilities with county -wide
significance; and
Housing Element (Obj. 1.1,
1.2, 1.3)
Adoption of an interlocal agreement for
school concurrency.
Housing Element (Obj. 1.1)
85
Required the Capital Improvements Element to
include implementation measures that provide a
five-year financially feasible public school
9J -5.016(4)(a)
X
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Changes to Rule 9J-5, F.A.C. 1989-2003
9J-5, F.A.C.
Citations
NA
Addressed
(where/how)
Amendment Needed
By Element
facilities program that demonstrates the
adopted level of service standards will be
achieved and maintained and a schedule of
capital improvements for multimodal
transportation districts, if locally established.
86
Required the Transportation Element analysis
for multimodal transportation districts to
demonstrate that community design elements
will reduce vehicle miles of travel and support
an integrated, multi -modal transportation
system.
9J-5.019(3)
X
87
Required Transportation Element objectives for
multimodal transportation districts to
address provision of a safe, comfortable and
attractive pedestrian environment with
convenient access to public transportation.
9J-5.019(4)
X
88
Authorized local governments to establish level
of service standards for general lanes of the
Florida Intrastate Highway System within
urbanized areas, with the concurrence of the
Department of Transportation.
9J -5.019(4)(c)
Transportation Circulation
(Obj. 1.1)
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d. Strategic Regional Policy Plan for South Florida.
In accordance with Section 163.3191, the following evaluates
relevant changes in growth management laws in the South
Florida Regional Planning Council's Strategic Regional Policy
Plan of South Florida, which was adopted on June 7, 2004 and
become effective on July 7, 2004.
(1) Manner of Compliance with Strategic Regional Policy
Plan for South Florida
Goal 1) Invest in youth and workforce of the region by
providing quality education, workforce training, and
targeted job creation.
Response —Addressed through ongoing
intergovernmental coordination efforts.
Goal 2) Increase employment opportunities and support the
creation of jobs with better pay and benefits for the
Region's workforce.
Response— See response to Goal 1 above.
Goal 3) Protect the health, safety and welfare of South
Florida's residents.
Response— Addressed through ongoing
intergovernmental coordination efforts.
Goal 4) Enhance the economic and environmental
sustainability of the Region by ensuring the adequacy of
its public facilities and services.
Response— Addressed in Master Plan's
Conservation and Coastal Management and Capital
Improvements Elements.
Goal 5) Overcome school overcrowding in the region.
Response —Addressed in Master Plan's
Intergovernmental Coordination Element.
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Goal 6) Ensure the availability of equitable distribution of
adequate, affordable housing for very low, low and
moderate income households within the Region.
Response —Addressed in Master Plan's Housing
Element.
Goal 7) Protect, conserve, and enhance the Region's water
resources.
Response —Addressed in Master Plan's Future Land
Use (Objectives 2.3, 2.7), Infrastructure (Objective
1.5), and Conservation and Coastal Management
(Objectives 1.2, 2.5) Elements.
Goal 8) Enhance the Region's mobility, safety, quality of life,
and economic healthy through improvements to road,
port, and public transportation infrastructure.
Response —Addressed in Master Plan's Traffic
Circulation and Infrastructure Elements.
Goal 9) Develop clean, sustainable, and energy efficient
power generation and transportation systems.
Response —Addressed in Master Plan's Traffic
Circulation and Infrastructure Elements.
Goal 10) Increase awareness of the Region's green
infrastructure, its significance to the Region's economy,
and the public's role in access and use that is
compatible with long-term sustainability.
Response —Addressed in the Master Plan's Parks
and Recreation and Conservation and Coastal
Management Elements.
Goal 11) Encourage and promote the implementation of
development proposals that conserve the region's
natural resources, rural and agricultural lands, green
infrastructure; and:
0 Utilize existing and planned infrastructure where most
appropriate in urban areas;
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0 Enhance the utilization of regional transportation
systems;
0 Incorporate mixed land use development;
0 Recycle existing developed sites, and;
0 Provide for the preservation of historic sites.
Response —No Agriculture or agriculturally
designated lands in the city.
Goal 13) Preserve, restore, and rehabilitate South Florida's
historic structures, landmarks, districts, neighborhoods,
and archeological sites.
Response —Addressed in the Master Plan's Future
Land Use (Objective 2.6), Housing (Objective 1.5),
and Conservation and Coastal Management
(Objective 2.4) Elements
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6. Conclusions and Recommendations
FUTURE LAND USE
Recommendation FLU 1: The language in Goal 1 of the Future Land Use
should be strengthened to read, in part:
• "Future residential development shall be at the lowest densities
consistent with protection of reasonable property rights."
Recommendation FLU2: The following changes should be made to the
future land use map to reflect current and anticipated uses.
• Government and Civic Center parcels at West McIntyre Street and
Village Green Way should be reclassified from Commercial to Public and
Institutional.
• The Pankey Building (1 Crandon Boulevard) should be changed from
Medium Density Multi -Family to Office.
• The Esplanade should be changed from Office to Commercial
■ The Library (299 Crandon Boulevard) should be changed from Medium
Density Multi -Family to Public and Institutional
■ The Beach Park should be changed from Medium Density Multi -Family
to Public Recreational and Open Space
• A portion of the Key Biscayne K-8 Center is designated as Public
Recreation and Open Space should be adjusted. The eastern third
should remain as Public Recreation and Open Space, but the remaining
two-thirds should be categorized as Public and Institutional.
• The 700 block of Fernwood Road should be recategorized from Two
Family Residential to Single Family Medium Density Residential.
• Village Lake Park should be recategorized from Low Density Multi -Family
to Public Recreation and Open Space.
Recommendation FLU3: Dates referenced in the following policy and
objective should be updated:
• Policy 2.1.1 Complete (sanitary sewer extension) plan by 2008.
• Objective 2.6: Historic Preservation: prepare a list and strategy for
preservation of potentially significant historic structures by 2010.
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TRAFFIC CIRCULATION
Recommendation TC1: A policy should be written under Objective 1.1
scheduling a traffic study to assess the impact of internally generated traffic
congestion.
Recommendation TC2: A policy should be written under Objective 1.1
scheduling a traffic study to assess the LOS of collector and local streets.
Recommendation TC3: In Policy 1.1.1, change the designation for arterial
roadways from LOS "E" to LOS "D."
Recommendation TC4: Observe Fernwood Road as a transitional road
between residential and commercial. At the rear lot line of specific
commercial centers on Crandon Boulevard, open access points to
pedestrians, golf carts and, on a limited basis, to vehicular traffic.
Recommendation TC5: Place and coordinate the update of electric signs at
the intersection of Highway 95 and US Route 1 South that inform visitors if
Bill Baggs Park is at capacity or accepting additional visitors.
HOUSING
Recommendation H1: An amendment should be added to the Housing
Element stating "The Village shall monitor current and future housing needs
and explore innovative solutions to increase the affordability and diversity of
the stock while maintaining compliance with Coastal High Hazard Area and
Floodplain regulations."
Recommendation H2: The following objective should be amended to read:
■ Objective 1.4. The Local Planning Agency (LPA) shall define and
promote affordable housing of a type and at a price range consistent with
Key Biscayne local market and general market conditions.
Recommendation H3: The following objective should be amended to read:
■ Objective 1.6 Development of Affordable Housing in Nearby Communities.
Develop ongoing interlocal coordination with other jurisdictions and non-
governmental agencies for the provision of affordable housing.
Recommendation H4: The following policy should be removed because it
is no longer relevant to existing conditions and needs. There were and are
no vacant properties along Crandon Boulevard. There were two sites
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originally developed as small, low -density hotels and replaced with more
than 250 units.
▪ Objective 1.1 New Construction: Cooperate with private sector to build at
least 250 well designed and diversified units on vacant residentially
designated areas along Crandon Boulevard by 2004.
INFRASTRUCTURE
Recommendation 11: The date referenced in the following policy should be
updated:
■ Policy 1.2.1 Complete financial and engineering feasibility plan to extend
sanitary sewers to unsewered areas by 2010, and complete
implementation by 2008.
CONSERVATION AND COASTAL MANAGEMENT
Recommendation CCM1: An addition to should be made to state that the
Village will continue to explore new ways to integrate green technologies into
public facilities.
Recommendation CCM2: Dates referenced in the following objective should
be updated:
■ Objective 2.4 Historic Preservation: Prepare a list of potentially
Recommendation CCM3: Update Policy 3.3.1 to read*:
• Policy 3.3.1 Update the disaster response plan based on the Hurricane
Andrew experience and in consultation with the South Florida Regional
Planning Council (SFRPC) and MDC OEM by 1996.
*The Village is in the process of coming up with a more comprehensive plan
that covers pre -storm, evacuation, and post storm guidelines.
RECREATION AND OPEN SPACE
Recommendation ROS1: The following objective should be amended to
read:
• Objective 1.5 Public -Private Coordination: Explore and implement a fully
coordinated system of recreation resources.
Recommendation ROS2: The following policy should be amended to read:
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• Policy 1.3.5 Explore means of revenue raising to support public trust
acquisition of recreation lands and open space and preservation of historic
landmarks by 2010.
INTERGOVERNMENTAL COORDINATION
Recommendation IC1: The following policy should be amended to read:
■ Policy 1.2.1 As is relevant, consider and attempt to consummate the
following interlocal agreements on an ongoing basis.
Recommendation IC2: The following policy should be removed because it is
no longer relevant to existing conditions and needs. The Village has not
attempted to annex any land, nor does it foresee doing so.
■ Policy 1.1.3 Use informal mediation process of SFRPC to resolve
annexation and other conflicts with other governmental entities.
CAPITAL IMPROVEMENTS
Recommendation CI1: In compliance with Chapter 163, F.S. (5)(d),
provisions should be included for granting concurrency exceptions.
Recommendation C12: The date referenced in the following policy should be
updated:
■ Policy 1.5.2 Explore a recreational impact fee for all new development to
help fund acquisitions and improvements by 1994.
In May 2005, the Village assembled the 2020 Vision/EAR Committee to lead
the community in charting a vision statement and developing a
comprehensive strategic plan for capital improvement projects. At the time of
submission of this EAR, the 2020 Vision/EAR Committee is working on
project prioritization and budget analysis and deliberating the merits of
including all or part of the Vision Statement in appropriate goals, objectives
and policies.
Following an assessment by the Vision Committee, the capital improvement
projects will be reviewed by the Village Council. Depending on the outcome
of such review or referenda, certain initiatives may be proposed for treatment
in a Master Plan amendment to serve as a foundation and guideline for future
policy and decision -making.
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