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RESOLUTION NO 2006-1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING AN ELECTION TO PRESENT TO THE ELECTORS OF THE VILLAGE, THE PROPOSED CHARTER AMENDMENTS CONCERNING THE TERM OF OFFICE OF COUNCIL MEMBERS AND THE ELIMINATION OF PRIMARY ELECTIONS FOR COUNCIL MEMBERS, AS AUTHORIZED BY CHARTER AMENDMENT ENABLING ORDINANCES NO 2005-04 AND NO 2005-11 OF THE VILLAGE, PROVIDING FOR SPECIAL ELECTION ON THE CHARTER AMENDMENTS TO BE HELD ON TUESDAY, THE 11TH DAY OF APRIL, 2006, BY MAIL BALLOT PROCEDURE, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Ordinance No 2005-04 and Ordinance No 2005-11, the Village Council has authonzed two (2) proposed Charter Amendments to be submitted to the electors of the Village, and WHEREAS, pursuant to Section 4(a) and 8 of each of the above-descnbed Ordinances, the Village Council hereby determines to hold the Village Charter Amendment election as a special election on Tuesday, the 11th day of Apnl, 2006, by mail ballot procedure as provided by law 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 above stated recitals are hereby adopted and confirmed Section 2. Election Called. That a special election is hereby called for Tuesday, the 11th day of Apnl, 2006, to present to the electors of the Village of Key Biscayne (the "Village") each of the Charter Amendment ballot measures provided in Ordinance No 2005-04 and Ordinance No 2005-11 The Notices of Election for each Charter Amendment shall be combined into one form of Notice of Election and shall be conformed to the mail ballot procedure by the Village Clerk and Village Attorney Section 3 Voting Procedure That mail ballots, as prescnbed by Sections 101 6101- 101 6107, Flonda Statutes, shall be used in this special election Section 4. Implementation. That the Village Clerk is hereby authonzed to take any action which is necessary to implement this Resolution and the Charter Amendment enabling Ordinances referenced above, and to utilize all necessary election administration services which are provided by the Miami -Dade County Supervisor of Elections Further, the Miami -Dade County Supervisor of Elections is accordingly authonzed and requested to take any action which is necessary to implement the purposes of this Resolution and of the Charter Amendment enabling Ordinances referenced above in carrying out the election Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 10th day of January, 2006 hi ‘LIA, (4 t -----.- MAYOR ROBERT OLDAKOWSKI AT CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO • RM AND LEGAL SUFFICIEI\ VILLAGE A ORN F \100\103001\resolutions\E ection by Mail Ballot 9 7 05 2 RESOLUTION NO 2006-2 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND KLAUSNER AND KAUFMAN, ATTORNEYS AT LAW, CONCERNING PENSION ADVISORY SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council desires to obtain the professional services of Klausner and Kaufman, Attorneys at Law, concerning the provision of specialized advice to the Village on matters relating to the Village's Police and Fire Retirement System, and WHEREAS, the Village Council finds that approval of the attached Professional Services Agreement between Consultant and the Village is in the best interest of the Village 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 Agreement Approved That certain Village of Key Biscayne Agreement for Professional Services (the "Agreement"), in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are authonzed, in their respective capacities, to execute the Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3. Implementation. That the Village Manager and Village Attorney are hereby authonzed to take any necessary action to implement the Agreement and this Resolution Section 4. Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 10th day of January , 2006 CitetfA, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE AT 3 RNE 103 001/Resolutions/Professonal Services Agreement with Klausner and Kaufman 12 21 05 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into as of the 14th day of November, 2005, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and KLAUSNER AND KAUFMAN, ATTORNEYS AT LAW, (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services for the VILLAGE, consisting of advising the VILLAGE on matters relating to the VILLAGE's police and fire retirement system, as specifically descnbed below (the "Specified Services") The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager CONSULTANT shall provide the Specified Services as an independent contractor for the VILLAGE B The CONSULTANT shall work with the office of the Village Attorney so as to coordinate the provision of retirement system advice to the Village Manager and to the Village Council, as requested Further, it is understood by CONSULTANT that CONSULTANT is to provide advice to the VILLAGE and not to the Retirement Board, since the Retirement Board has its own independent legal counsel 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for the Specified Services which are provided by CONSULTANT, in accordance with the legal fee schedule of $285 00 per hour, plus reasonable and necessary costs as approved by the Village Manager Fees and costs shall be invoiced each month by CONSULTANT Billing statements shall reflect line item billing in tenths of hours 3 TERM The duration of the term of this Agreement shall commence on November 14, 2005 and shall be of an indefinite duration 4 ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT 5 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement 6 TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30) days written notice with or without cause and by the CONSULTANT upon thirty (30) days written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 above, for all acceptable work performed up to the date of termination 7 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion 8 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties The Village Manager shall act for Village hereunder 9 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services 10 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows Village With a copy to Consultant Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Stephen J Helfman, Esq and David M Wolpin, Esq Village Attorneys Weiss Serota Helfman Pastonza Cole & Boniske, P A 2665 South Bayshore Drive, Suite 420 Miami, Flonda 33133 Klausner and Kaufman, Attorneys at Law 10059 Northwest 1st Court Plantation, Flonda 33324 11 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida 4 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT KLAUSNER AND KAUFMAN Attorneys at L 10059 No west st Co Plantati VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 By, _ .; By 121-d/AP Village Clerk Approved as to Form and Legal Sufficien Village Attorney '(' •-•-.7 Jacq : eline Menend llage Manager F /103 001/Agreements/Agreement for Professional Services with Klausner and Kaufman 12 21 05 5 RESOLUTION NO 2006-3 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND JORGE MORA CONCERNING VIDEOGRAPHY SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council desires to obtain the professional services of Jorge Mora (the "Consultant") concerning the provision of specialized videography services to the Village, and WHEREAS, the Village Council finds that approval of the attached Professional Services Agreement between Consultant and the Village is in the best interest of the Village 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 Agreement Approved That certain Village of Key Biscayne Agreement for Professional Services (the "Agreement"), in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are authonzed, in their respective capacities, to execute the Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3 Implementation That the Village Manager and Village Attorney are hereby authorized to take any necessary action to implement the Agreement and this Resolution Section 4 Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 10th day of January , 2006 Alc (ttA A L_____ MAYOR ROBERT OLDAKOWSKI 677,:41,701-06, CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS • FORM AND LEGAL SUFFICIE VILLAGE • TT 103 001/Resolutions/Professonal Services Agreement with Jorge Mora 12 30 05 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into as of the 10th day of January, 2006, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and JORGE MORA, (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services for the VILLAGE, consisting of all videography services required by the VILLAGE as specifically described below (the "Specified Services") The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager CONSULTANT shall provide the Specified Services as an independent contractor for the VILLAGE B The Specified Services to be provided by CONSULTANT shall include, but not be limited to, the following 1 Filming of all meetings of the Village Council, 2 Filming of all special events or public service messages, as requested by the Village Manager, 3 Provision of videography services at Village government functions, as requested by the Village Manager, 4 Provision of videography services for training of Village employees, as requested by the Village Manager, 5 Provision of any necessary services to provide for the broadcast of Village Council meetings and Village functions and special events, as requested by the Village Manager, 6 Preparation and handling of copies of video cassettes and/or video discs in accordance with the requirements of the Village Manager, 7 Provide assistance to the Village Clerk in complying with any public records requests concerning copies of videographic materials which constitute public records, 8 Any and all videography related services which are necessary to effectuate the purposes of this Agreement, as determined and requested by the Village Manager C CONSULTANT may utilize VILLAGE's video equipment for the purposes of providing the Specified Services 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for the performance of the Specified Services which are provided by CONSULTANT, in accordance with the fee schedule of Thirty Five ($35 00) Dollars per hour, plus reasonable and 2 necessary costs as approved by the Village Manager Fees and costs shall be invoiced each month by CONSULTANT Billing statements shall also reflect a detailed record of time expended by CONSULTANT in providing the Specified Services The total fees payable during the Agreement term shall not exceed an aggregate amount of Fifty Thousand ($50,000 00) Dollars 3 TERM The duration of the term of this Agreement shall commence on January 10, 2006 and shall terminate on September 30, 2006, unless further extended by the mutual written consent of the CONSULTANT and Village Manager or earlier terminated pursuant to Section 6 4 ASSIGNMENT This Agreement involves skilled personal services and shall not be assignable by the CONSULTANT 5 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement 6 TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30) days written notice with or without cause and by the CONSULTANT upon thirty (30) days written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 above, for all acceptable work performed up to the date of termination 7 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion 8 RECORDS All original videotapes, discs, photographs, films or other documents and materials (the "Materials") that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE Upon termination of this Agreement or upon request of the VILLAGE dunng the term of this Agreement, any and all such Materials shall be delivered to the VILLAGE by the CONSULTANT The VILLAGE shall have the exclusive right to utilize any of the Materials which are created or produced by CONSULTANT dunng the course of the provision of the Specified Services, for the VILLAGE's purposes as determined by the Village Manager 9 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This Agreement cannot be amended or modified without the express wntten consent of the parties The Village Manager shall act for Village hereunder 10 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services 11 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows Village Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 5 With a copy to Stephen J Helfman, Esq and David M Wolpin, Esq Village Attorneys Weiss Serota Helfman Pastonza Cole & Boniske, P A 2665 South Bayshore Dnve, Suite 420 Miami, Flo 3133 Consultant Jorge Mo 12 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Flonda IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT JORGE MORA By Att - , t Jor • :/ ora Village Clerk VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 cline Menen e Manager Approved as to Form and Legal Sufficiency Village Att . ey F /103 001/Agreements/Agreement for Professional Services with Jorge Mora 12 29 05 RESOLUTION NO 2006-4 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND DUTKO WORLDWIDE CONCERNING FEDERAL LOBBYING SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council desires to obtain the professional services of Dutko Worldwide (the "Consultant") concerning the provision of specialized federal -level lobbying services to the Village, and WHEREAS, the Village Council finds that approval of the attached Professional Services Agreement between Consultant and the Village is in the best interest of the Village 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 Agreement Approved That certain Village of Key Biscayne Agreement for Professional Services (the "Agreement"), in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are authonzed, in their respective capacities, to execute the Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3. Implementation That the Village Manager and Village Attorney are hereby authonzed to take any necessary action to implement the Agreement and this Resolution Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 24th day of January, 2006 /7,o ate,a1 (,,,, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO • RM AND LEGAL SUFFI C' VILLAGE ATTORN ! Y 103 001/Resolutions/Professonal Services Agreement with Dutko Worldwide 1 3 06 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into as of the 24th day of January, 2006, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and DUTKO WORLDWIDE, (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services for the VILLAGE, consisting of any necessary federal government lobbying services as required by the VILLAGE as specifically described below (the "Specified Services") The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager CONSULTANT shall provide the Specified Services as an independent contractor for the VILLAGE B The Specified Services to be provided by CONSULTANT shall include, but not be limited to, the following I Represent the interests of the VILLAGE at federal legislative, executive and administrative agencies and departments, including federal regulatory and legislative matters and in a comprehensive effort to secure funds for VILLAGE projects, programs and purposes 2 Any and all related services at the federal level which are necessary to effectuate the purposes of this Agreement, as determined and requested by the Village Manager, in accordance with policies and priorities established by the Village Council C CONSULTANT shall regularly provide status reports to the VILLAGE, as requested by the Village Manager 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for the performance of the Specified Services which are provided by CONSULTANT, in accordance with the fee schedule of Eight Thousand ($8,000 00) Dollars per month, for a total annual compensation of Ninety Six Thousand ($96,000 00) Dollars, plus reasonable and necessary costs as approved by the Village Manager Fees and costs shall be invoiced each month by CONSULTANT Billing statements shall also reflect a record of time expended by CONSULTANT in providing the Specified Services, for VILLAGE's information 3 TERM The duration of the term of this Agreement shall commence on January 10, 2006 and shall terminate on January 9, 2007, unless further extended by the mutual written consent of the CONSULTANT and Village Manager or earlier terminated pursuant to Section 6 The Village Manager shall be authorized to renew the Agreement on behalf of the VILLAGE for successive additional one year periods upon the same terms 4 ASSIGNMENT This Agreement involves skilled professional services and shall not be assignable by the CONSULTANT 5 PROHIBITION AGAINST CONTINGENT FEES, OTHER MATTERS A The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement B VILLAGE represents that (i) no commissions, fees, expenses or other amounts paid to CONSULTANT in connection with this Agreement shall be paid 3 from any federal or state appropriated funds, and (n) VILLAGE shall, with assistance from CONSULTANT, timely complete and submit required lobbying registration forms and reports 6 TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30) days written notice with or without cause and by the CONSULTANT upon thirty (30) days written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 above, for all acceptable work performed up to the date of termination 7 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion 8 RECORDS All original reports, documents and materials (the "Materials") that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agreement, any and all such Materials shall be delivered to the VILLAGE by the CONSULTANT 4 9 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties The Village Manager shall act for Village hereunder 10 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services and will timely file all required reports 11 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows Village Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to Consultant Stephen J Helfman, Esq and David M Wolpin, Esq Village Attorneys Weiss Serota Helfman Pastonza Cole & Boniske, P A 2665 South Bayshore Dnve, Suite 420 Miami, Flonda 33133 Dutko Worldwide 2151 LeJeune Road Coral Gables, Flonda 33134 Attention Javier Soto 12 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Flonda IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT DUTKO WORLDWIDE 2151 LeJeune Road Coral Gables, FL 33 VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 By t Jac -1 eline Me ..e Manag a, - -, ze ez, jai?, Village Clerk 6 Approved as to Form and Legal Sufficiency Village Attorne F /103 001/Agreements/Agreement for Professional Services with Dutko Worldwide 1 3 06 RESOLUTION NO 2006-5 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING VILLAGE OF KEY BISCAYNE EMPLOYMENT AGREEMENT WITH VILLAGE MANAGER, JACQUELINE R MENENDEZ, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council finds that the approval of the attached Village of Key Biscayne Employment Agreement with the Village Manager, Jacqueline R Menendez (the "Agreement") is in the best interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 Recitals That the above -stated recital is hereby confirmed and adopted Section 2 Agreement Approved That the Agreement, in substantially the form attached hereto, is hereby approved and the Mayor is authorized to execute such Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3. Effective Date This Resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 21st day of February, 2006 ctize.at MAYOR ROBERT OLDAKOWSKI AT CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TQ FORM AND LEGAL SUFFICIEN VILLAGE ATTO EY F /328 001/Resolutions/Approving Employment Agreement of Village Manager 1 17 06 EMPLOYMENT AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into as of the 1st day of May, 2006, between the Village of Key Biscayne (the "Village") and Jacqueline R Menendez (the "Employee"), pursuant to the following terms and conditions BACKGROUND The Village wants to continue to employ the services of Jacqueline R Menendez as Village Manager and the Employee wishes to accept continued employment as the Village Manager under the terms and conditions set forth in this Agreement The Village and Employee desire to provide for certain procedures and requirements regarding the employment of Employee by the Village NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Village and Employee agree to the following SECTION 1 DUTIES Village agrees to employ Jacqueline R Menendez as Village Manager to perform the duties and exercise the powers as prescnbed by state law, the Village Charter and the Village Code, and to perform such other legally permissible and proper duties and functions as assigned by the Village Council from time to time SECTION 2 TERM 2 1 This Agreement shall have a term of three (3) years commencing May 1, 2006 and ending on Apnl 30, 2009, unless earlier terminated as provided in this Agreement 2 2 Village shall have the option to renew this Agreement for two additional one (1) year terms 2 3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Village Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this Agreement SECTION 3 TERMINATION BY VILLAGE AND SEVERANCE PAY 3 1 In the event Employee is terminated by the Village Council dunng the first two (2) years of the term of this Agreement at a time that Employee is willing and able to perform her duties under this Agreement, the Village agrees to pay Employee a lump sum cash payment equal to six (6) months aggregate salary ("Severance Pay") However, the Severance Pay shall be a lump sum cash payment equal to 1 only three (3) months aggregate salary if such termination occurs dunng the third year of the term In either such event, the Employee shall also receive payment for any and all accrued vacation, sick leave and floating holiday time in accordance with the Village's policies governing other non -police or fire employees of the Village ("Administrative Employees") Severance Pay shall be paid within fifteen (15) working days of termination The Village shall continue to provide medical coverage for Employee for three (3) months following the date of such termination, in the same manner and in the same amount as Employee is receiving at the time of termination After the payment descnbed above is made, the Village shall have no further financial obligation to Employee 3 2 In the event Employee is terminated because of conduct unbecoming a public official, including but not limited to cnminal conduct, the Village shall have no obligation to pay the Severance Pay designated in Paragraph 3 1 above If employee's employment is terminated pursuant to this subsection, the Village shall pay to Employee only accrued vacation, sick leave and floating holiday time due to the Employee as of the date of termination After the payment descnbed in the immediately preceding sentence, the Village shall have no further financial obligation to Employee pursuant to this Agreement SECTION 4 TERMINATION BY EMPLOYEE In the event that Employee voluntanly resigns her position dunng the term of this Agreement, Employee shall give the Village at least sixty (60) days written notice pnor to the effective date of such resignation Employee shall not be entitled to receive any benefits or payments pursuant to Section 3, however, Employee shall be entitled to accrued vacation, sick leave and floating holiday time as of the date of resignation SECTION 5 COMPENSATION 5 1 The initial annual salary of Employee shall be One Hundred Seventy Eight Thousand Five Hundred Nine Dollars ($178,509 00), which shall be payable in installments at the same time as other employees of the Village are paid 5 2 The Village Council agrees to evaluate the performance of the Employee to determine any adjustment in annual salary and/or benefits at least once annually, pursuant to the terms of Section 6 of this Agreement Any additional adjustment in said annual salary and/or benefits shall be based upon the result of the performance evaluation SECTION 6 PERFORMANCE EVALUATION 6 1 The Village Council shall review and evaluate the performance of the Employee at least once annually in advance of the adoption of the annual operating budget Said review and evaluation shall be in accordance with specific cntena developed jointly by the Village and the Employee Said cntena may be added to or deleted 2 from as the Village Council may from time to time determine, in consultation with the Employee 6 2 Pnor to the beginning of each fiscal year, the Village Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the Village and in attainment of the Village Council's policy objectives and shall further establish a relative pnonty among those vanous goals and objectives, said goals and objectives to be reduced to wnting They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropnations provided SECTION 7 HOURS OF WORK Employee agrees to remain in the exclusive employ of the Village of Key Biscayne and shall not accept any other employment dunng the term of this Agreement Employee further agrees to devote that amount of time and energy which is reasonably necessary for Employee to faithfully perform her duties under this Agreement SECTION 8 AUTOMOBILE In lieu of a monthly transportation allowance, the Village shall provide a Village vehicle for Employee's use as a benefit of employment The Village shall provide insurance, maintenance and fuel for the vehicle as is provided for other vehicles in the Village's fleet SECTION 9 RETIREMENT The Village shall contnbute into a retirement plan chosen by the Employee (the ICMA 401(a) Plan) by making a Village contnbution as employer of 15% of Employee's annual base salary SECTION 10 INSURANCE The Village shall provide insurance benefits, including family group health, disability and life insurance SECTION 11 VACATION, SICK LEAVE AND HOLIDAYS Employee shall be entitled to sick leave and holidays at the same rate and in the same manner as other Administrative Employees of the Village Employee shall be entitled to four (4) weeks annual vacation leave 3 SECTION 12 PROFESSIONAL DEVELOPMENT 12 1 Subject to Village policy and state law, the Village agrees to pay the reasonable professional dues and subscriptions of Employee necessary for her continuation and participation as a member in national, regional, state and local professional associations and organizations necessary and desirable for her continued professional participation, growth and advancement, and for the good of the Village Employee shall not hold office in any local, state, regional or national professional association or organization without pnor approval of the Village Council 12 2 Subject to Village policy and state law, the Village agrees to pay the travel and subsistence expenses of Employee for travel to either one national or one state association annual conference per year SECTION 13 MANDATORY RESIDENCY WITHIN THE VILLAGE OF KEY BISCAYNE For the convenience of the Village, the Village Manager is required to maintain full-time residency within the Village of Key Biscayne and shall be on a 24 hour on -call status which is necessary for Employee to properly perform her responsibilities to the residents of the Village and to participate in and attend civic meetings, other functions and generally be available at all times to perform her duties, therefore, Employee shall be entitled to a Housing Allowance of Two Thousand Dollars ($2,000 00) per month This Housing Allowance shall be paid by Village each month dunng the term of this Agreement SECTION 14 NOTICE Notices pursuant to this Agreement shall be given by certified mail through United States Postal Service delivery, addressed as follows Village Employee Village Attorney Mayor and Members of the Village Council Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 Jacqueline R Menendez 455 Warren Lane Key Biscayne, Florida 33149 Weiss Serota Heitman Pastonza Cole & Boniske, P A 2665 South Bayshore Dnve, Suite 420 Miami, Flonda 33133 4 SECTION 15 OTHER TERMS AND CONDITIONS 15 1 If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect 15 2 The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party 15 3 The nghts and obligations herein granted are personal in nature and cannot be transferred by the Employee 15 4 This Agreement contains the entire agreement of the parties It may not be changed orally, but only by an amendment in wasting signed by the parties hereto 15 5 This Agreement shall be governed by Florida law and any litigation which may arise from this Agreement shall be filed and litigated in Miami -Dade County, Flonda Any Employee litigation expenses shall be borne by the Village, if the Employee prevails in such litigation 15 6 This Agreement supersedes and replaces the pnor Employment Agreement between the parties IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and executed, in duplicate, on the day and year first wntten above VILLAGE OF KEY BISCAYNE Y/1.0 (.4_e,t14, L, Mayor Pursuant to Village Council Approval of February 21, 2006 EMPLOY E 5 Atte Clerk Ad/ad/No Approved as to Form and Legal Sufficiency Village Attorney F /328 001/Agreements/Employment Contract with Jacqueline R Menendez 1 17 06 6 RESOLUTION NO 2006-6 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE ACQUISITION OF PLAYGROUND EQUIPMENT FOR THE VILLAGE GREEN PARK, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO PURCHASE THE EQUIPMENT, AUTHORIZING EXPENDITURE OF FUNDS, AUTHORIZING AND APPROVING TRANSACTION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council, upon the recommendation of the Village Manager, desires to obtain certain playground equipment (the "Equipment") for the Village Green Park as described in the attached Quotation from GameTime ("Contractor"), and WHEREAS, the Equipment is necessary for the enhancement of the Village Green Park, and WHEREAS, the Village Council finds the purchase of the Equipment to be exempt from competitive bidding pursuant to Village Code Section 2-86 as being derived from another government entity's bid process, as this purchase is based on Flonda State Contract No 650-001-04- 01, and WHEREAS, the Village Council hereby finds and determines that the purchase of the Equipment is in the best interests of the Village 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. Capital Project Authorizing Resolution. That pursuant to Village Charter Section 3 07(b), this Resolution shall constitute a Capital Project Authonzing Resolution The Capital Project is the purchase of playground equipment for the Village Green Park, at a cost of Forty Two Thousand Two Hundred Sixty Three and 58/100 ($42,263 58) Dollars Section 3 Equipment Purchase Authorized A That the purchase of the Equipment is hereby authonzed The Equipment is further descnbed in the Quotation, a copy of which is set forth in Exhibit "A," attached hereto and incorporated herein B That the Village Council hereby authonzes the Village Manager to complete the purchase transaction for the acquisition of the Equipment for a cost which is consistent with this Resolution C That the Village Manager is authonzed to expend Village funds for the purchase of the Equipment in accordance with Village budget appropriations Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 21st day of February, 2006 71.(3 ceet,cci, MAYOR ROBERT OLDAKOWSKI AT eit41° CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE • TT • ' EY F \ 100\ 103001 \Resolutions\capital project acquisition of playground equipment 2 2 06 2 From DOMINICA RECREATION 407 331 4720 02/14/2006 15 13 /th&t fl" #132 P 001/003 Enriching Childhood Through Plays, Date 2/14/2006 Quote No 261404503 Pricing 2006 Standard GAMETIME c/o Dominica Recreation Products P 0 Box 520700 Longwood FL 32752-0700 Phone (407)331-0101 Toll Free (800)432-0162 Facsimile (407)331-4720 Contact. Barry Lock E-mail barryl@gamettme com GameTime Quotation Village of Key Biscayne Attn Todd Hofferberth For Village Green Tot Lot 85 W McIntyre Street Key Biscayne FL 33149 Ship to Zip 33149 Telephone (305)365-8901 Facsimile (305)365 8936 Q� ITEM DESCRIPTION 1 RDU #APS822 06 Tot Powerscape-Plus 1 393 Porpoise Only 1 4893 "C"Spring-Loose Fill 1 283 Whale Animal Only 1 4893 "C"Spnng-Loose Fill 1 161290 Geo-Textile 2250 Sq Ft Roll 1 LS Remove/reinstall wood fiber 1 LS Remove/dispose existing equipment Total weight Erice Ext Price 32 244 00 $32,244 00 534 00 $534 00 140 00 $140 00 534 00 $534 00 140 00 $140 00 372 00 $372 00 1,078 00 $1 078 00 1 800 00 $1 800 00 5 165 Sub -total $36 842 00 Discount ($4 419 80) Installation $7,454 00 Calculated Freight $2 387 38 Total $42,263 66 - Pncing offered in accprdance with Florida State Contract #650-001 04-1 - Proposal includes delivery to Gametme Installer's warehouse - Existing equipment to be removed/disposed of includes tot system play cubble and two Saddlemates Village of Key Biscayne shall be responsible for securing permits sugned/sealed engineenng drawings or any related fees, if required Village shall be responsible for top -off of wood fiber as needed and Installer shall not be held liable for condition of the existing wood fiber after removing and replacing same to install the new equipment This quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions Our quotation is based on shpment of aN Items at one bme to a single destination unless noted and changes are subject to price adjustment Purchases in excess of $1 000 00 to be supported by your written purchase order made out to GameTime c/o Dominica Recreation Products Kindly issue one order for the equipment and a separate order for surfacing and/or equipment installation services Pncing f o.b factory firm for 30 days from date of quotation Payment terms payment In full, net 30 days subject to approval by GameTime Credit Manager A 1 5% per month finance charge will be imposed on all past due accounts Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion Retainage not accepted Shipment order shall ship within 30-4S days after GameTime s receipt and acceptance of your purchase order color selecbons approved submittals and receipt of deposit If required Freight charges Prepaid and added at time of Invoicing Taxes State and local taxes if applicable will be added at time of Invoicing unless a tax exempt certificate is provided at the time of order entry Receipt of goods Customer shall receive unload and inspect goods upon arrival noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment Page 1 of 2 42 -0' 1.*IALE C-SPRI WG RUMBLE AND ROLL ZIP SUDS PAGODA ROOF w/ UMBER DECOR KALEIDOSCOPE ENCLOSURE PORPOISE STAIRS CLOVER LEAF CLIMBER OBJECTS PANEL NE W EQUIPMENT TO BE FIELD -LOCATED WITH RELATIONSHIP TO USE ZONES OF EXISTING EQUIPMENT VOLCANO CLIMBER ROCK WALL CUMBER SUSPENSION BRIDGE WAVE CUMBER 4r -ow SHAPES PANEL DOUBLE SEAT (BELOW) �I ► 1111111111111110.4, vir ACCESSIBLE DRAGON ZP SLIDE 34 -0 311311 0314301 SONIMS ONILSIX3 VILLAGE GREEN 1 TOT L OT K ey Bis cayne Raids lhls Play sgrriPment is r000eseendsd for chNdren egos 2 .5 rsolt, resilient surfacing should be pl ac ed In he use zones of al equipment, as speeded foriach type of equip ment, end at depths to met the cdhc wl fall MOM w spedfed by the U.S consumer Product Sdsty Commission A ST N standard F 1457 end Congdon Slendmd CA NCSA..Z -614 J &deft Theft RIF tZ,J &22x05 NOIIV3a33a d3ININOO UOJJ OZLP LEE LOO VI 91 900Z/VI/Z0 E00/E00 d ZEIU RESOLUTION NO 2006-7 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING ACCEPTANCE OF GRANT AND AUTHORIZING THE EXPENDITURE OF AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000 00), FROM THE LAW ENFORCEMENT TRUST FUND FOR THE PURCHASE OF DNA LIFEPRINT MANAGEMENT KITS WHEREAS, the Police Department has in excess of $52,000 00 in the Law Enforcement Trust Fund Account, and WHEREAS, these monies are the result of seized assets from joint investigations between the Village of Key Biscayne Police Department and local Law Enforcement Agencies, not from tax revenue, and WHEREAS, since this expenditure is from said forfeited properties, this Police Department need can be satisfied at no cost to our residents, and WHEREAS, according to statistics published by the Federal Bureau of Investigation eighty (80%) to ninety (90%) percent of the 950,000 annual missing person cases involve a child or a senior citizen at risk, and WHEREAS, in these type of cases it is imperative to resolve identification questions quickly, and WHEREAS, traditional identification techniques utilized by law enforcement have too often proven unreliable, and WHEREAS, the department conducted research on more reliable identification methods, and WHEREAS, the research revealed that LifePnnt DNA Management kits are reliable, effective and scientifically proven, and WHEREAS, the use of these DNA Management Kits allows the department to conduct a comparative analysis with the evidence obtained in a came scene or missing person case and resolve identification questions quickly, and WHEREAS, this procedure will assist the department's effort to locate and safely return an individual to their loved ones, and WHEREAS, the department will conduct an aggressive campaign to ensure all school children attending public and private schools within the Village of Key Biscayne are provided with an opportunity to provide, store and preserve indefinitely their own DNA within a personal DNA Management Kit, and WHEREAS, the cost of this campaign is estimated to be thirty -thousand dollars ($30,000 00), and WHEREAS, the department has been awarded a fifteen thousand dollars ($15,000 00) National Police Athletic League Grant (the "Grant") to cover half the estimated cost, and WHEREAS, costs for "Safe Neighborhood Program" is an authorized expenditure of the Florida Contraband Forfeiture Act, and WHEREAS, the Chief of Police has recommended adoption of this Resolution and determined that the proposed expenditure complies with FS S §932 7055, the Florida Contraband Forfeiture Act, and WHEREAS, the Village Council finds that it is impractical to utilize formal bidding procedures for this transaction, and hereby waives formal competitive bidding as authorized by Village Code Section 2-85 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the recitals stated above are hereby adopted and confirmed Section 2 That the transaction is hereby approved and the Chief of Police is hereby authonzed to purchase the LifePnnt DNA Management Kits from LifePnnt, Inc for an amount not to exceed a total of Thirty Thousand ($30,000 00) Dollars, with Fifteen Thousand ($15,000 00) Dollars being provided by the Grant and the remainder being provided by the Law Enforcement Trust Fund Section 3 That the Grant shall be accepted, and the remaining expense shall be charged to the Law Enforcement Trust Fund Section 4 That this resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 21st day of February, 2006 Z/49 Cik.u14 L ---- MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC VILLAGE ATT EY F /328 001/Resolutions/Council Resolution — LETF — DNA Lifeprint 1 25 06 RESOLUTION NO 2006-8 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND ESTRADA HINOJOSA & COMPANY, INC , CONCERNING FINANCIAL ADVISORY SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council desires to obtain the professional services of Estrada Hinojosa & Company, Inc (the "Consultant") concerning the provision of specialized financial advisory services to the Village, and WHEREAS, the Village Council finds that approval of the attached Professional Services Agreement between Consultant and the Village is in the best interest of the Village 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 Agreement Approved. That certain Village of Key Biscayne Agreement for Professional Services (the "Agreement"), in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are authonzed, in their respective capacities, to execute the Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3. Implementation That the Village Manager and Village Attorney are hereby authonzed to take any necessary action to implement the Agreement and this Resolution Section 4. Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 14th day of March , 2006 71-0(etin,a (------- MAYOR ROBERT OLDAKOWSKI AT NCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE ATTO 103 001/Resolutions/Professonal Services Agreement with Estrada Hinojosa 2 9 06 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into as of the 14th day of March , 2006, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and ESTRADA HINOJOSA & COMPANY, INC, a Texas corporation which is authorized to do business in Florida, (the "CONSULTANT") RECITALS. The VILLAGE wants to engage the CONSULTANT to perform certain professional services for the VILLAGE, consisting of any necessary financial advisory services related to the potential authorization and issuance of indebtedness as required by the VILLAGE as specifically described below (the "Specified Services") The CONSULTANT wants to provide such Specified Services In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager CONSULTANT shall provide the Specified Services as an independent contractor for the VILLAGE B The Specified Services to be provided by CONSULTANT shall include, but not be limited to each of the financial advisory tasks, including both planning and transactional services, as applicable, which are set forth in the Specified Services list, a copy of which is attached hereto and incorporated herein as Exhibit "A" C CONSULTANT shall regularly provide status reports to the VILLAGE, as requested by the Village Manager 2 FEES FOR SERVICES A The CONSULTANT agrees to charge the VILLAGE for the performance of the Specified Services which are provided by CONSULTANT, in accordance with the fee schedule which is set forth in Exhibit "B", a copy of which is attached hereto and incorporated herein, plus reasonable and necessary costs as approved by the Village Manager B The Twenty Five Thousand ($25,000 00) Dollars annual retainer shall cover the fees applicable for the planning services described as items 1-10 on Exhibit "A " The annual retainer shall be invoiced in equal monthly installments C Except as otherwise provided in Exhibit "B" as to costs and fees for specific debt issuance transactions, any additional fees and costs shall be invoiced in the month following performance of service and expenditure of costs by CONSULTANT, pursuant to advance written work authorizations from the Village Manager The work authorizations shall describe the specific requested work tasks, the applicable fees and the estimated costs Other than the services covered by the retainer, no work shall be undertaken by CONSULTANT unless authonzed in writing by the Village Manager pursuant to a work authorization D Invoices shall also reflect a record of time expended by CONSULTANT in providing the Specified Services, for VILLAGE's information and for those services which are provided at hourly billing rates 3 TERM The duration of the term of this Agreement shall commence on March 14, 2006 and shall terminate on March 13, 2007, unless further extended by the mutual written consent of the CONSULTANT and Village Manager or earlier terminated pursuant to Section 6 The Village Manager shall be authonzed to renew the Agreement on behalf of the VILLAGE for successive additional one year periods upon the same terms 4 ASSIGNMENT This Agreement involves skilled professional services and shall not be assignable by the CONSULTANT 5 PROHIBITION AGAINST CONTINGENT FEES, OTHER MATTERS The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement 6 TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30) days wntten notice with or without cause and by the CONSULTANT upon thirty (30) days written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 above, for all acceptable work performed up to the date of termination 7 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion 8 RECORDS All original reports, documents, analysis and matenals (the "Materials") that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE Upon termination of this Agreement or upon request of the 4 VILLAGE during the term of this Agreement, any and all such Materials shall be delivered to the VILLAGE by the CONSULTANT 9 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties The Village Manager shall act for Village hereunder, subject to review and approval of such written consent by the Village Attorney as to form and legal sufficiency 10 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times dunng the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services and will timely file all required reports 11 INSURANCE A The CONSULTANT shall at all times carry comprehensive general liability and contractual liability insurance, workers' compensation insurance (if applicable), and automotive liability insurance, with minimum policy limits for each coverage in the amount of at least Five Hundred Thousand ($500,000 00) Dollars per occurrence, combined single limit, for property damage and bodily injury, including death, except that the dollar amount of workers compensation coverage (if 5 applicable) shall be as provided by Chapter 440, Fla Stat The VILLAGE shall be named as an additional insured on all of the above insurance policies, to the extent permitted by law Each insurance policy shall state that it is not subject to cancellation or reduction in coverage without written notice to the VILLAGE 30 days pnor to the effective date of cancellation or reduction of coverage B CONSULTANT shall indemnify and hold harmless the VILLAGE, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of the Agreement, except that neither the CONSULTANT nor persons employed or utilized by the CONSULTANT will be liable under this paragraph for liabilities, damages, losses, or costs resulting from negligent acts, errors, or omissions by the VILLAGE or any of Village's officers, agents, or employees during the performance of this Agreement 12 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows 6 Village With a copy to Consultant With a copy to 13 GOVERNING LAW Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Stephen J Helfman, Esq and David M Wolpin, Esq Village Attorneys Weiss Serota Helfman Pastoriza Cole & Boniske, P A 2665 South Bayshore Drive, Suite 420 Miami, Flonda 33133 Estrada Hinojosa & Company, Inc 201 South Biscayne Boulevard, Suite 2826 Miami, Florida 33131 Attention Lourdes Reyes Abadin Estrada Hinojosa & Company, Inc 1717 Main Street, 47th Floor Dallas, Texas 75201 Attention Robert A Estrada This Agreement shall be construed in accordance with the laws of the State of Flonda Venue for litigation hereunder shall be in Miami -Dade County, Flonda IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT ESTRADA HINOJOSA & COMPANY, INC By Ro • - rt A Estrada Title C an Attest Co" . o a e Secretary Approved as to Form and Legal Sufficiency Village Att • rney VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key B e, FL,49_ By Atte Jacqueline Mene Ville Manage Village Clerk Old//0.2- EXHIBIT "A" SPECIFIED SERVICES TO BE PROVIDED BY CONSULTANT A Financial Planning 1 Consultant will attend any and all meetings of govermng body of the Village, its staff, representatives or committees as requested by the Village, at all times when Consultant may be of assistance or service and the subject of financing is to be discussed 2 Consultant will advise the Village and its staff of changes, proposed or enacted, in Federal and State laws and regulations which would affect the municipal bond market 3 Consultant will work with the Village, its staff and any consultants employed by the Village in developing financial feasibility studies and analyzing alternative financing plans 4 Consultant will conduct a survey of the financial resources of the Village to determine the extent of its capacity to authonze, issue and service debt This survey will include an analysis of existing debt structure as compared with the existing and projected sources of revenues which may be pledged to secure payment of debt service and, where appropnate, will include a study of the trend of the assessed valuation, taxing power and present and future taxing requirements of the Village In the event revenues of existing or projected facilities operated by the Village are to be pledged to repayment of the Debt Instruments then under consideration, the survey will take into account any outstanding indebtedness payable from the revenues thereof, additional revenues, as projected by consulting engineers employed by the Village, resulting from improvements to be financed by the Debt Instruments under consideration Consultant will also take into account future financing needs and operations as projected by the Village's staff and consulting engineers or other experts, if any, employed by the Village 5 On the basis of the information developed by the survey descnbed above, and other information and experience available to Consultant, Consultant will submit to the Village its recommendations on the Debt Instruments under consideration including such elements as the date of issue, interest payment dates, schedule of principal matunties, portions of prior payment, secunty provisions, and any other additional provisions designed to make the issue attractive to investors All recommendations will be based upon its professional judgment with the goal of designing Debt Instruments which can be sold under terms most advantageous to the Village and at the lowest interest cost consistent with all other considerations 6 Consultant will advise the Village of current bond market conditions, forthcoming bond issues and other general information and economic data which might normally be expected to influence interest rates or bidding conditions so that the date of sale of the Debt Instruments may be set at a time which, in Consultant's opinion, will be favorable 9 7 Consultant understands the Village has retained, or will retain, firms of municipal bond attorneys (the "Bond Counsel") whose fees will be paid by the Village In the event it is necessary to hold an election to authonze the Debt Instruments then under consideration, Consultant will assist in coordinatmg the assembly and transmittal to Bond Counsel of such data as may be required for the preparation of necessary petitions, orders, resolutions, ordinances, notices, and certificates in connection with the election 8 Consultant will recommend the method of sale of the Debt Instruments that, in its opinion, is in the best interest of the Village and will proceed, as directed by the Village, with one of the following methods a Advertised Sale Consultant will supervise the sale of the Debt Instrument at a public sale in accordance with procedures set out herein Consultant reserves the nght, alone or in conjunction with others, to submit a bid for any Debt Instruments issued under this Agreement which the Village advertises for competitive bids In compliance with Rule G-23 of the Municipal Secunties Rulemaking Board, Consultant will request consent to bid in writing, in any instance wherein Consultant elect to bid, prior to submitting a bid for each installment of Debt Instruments b Negotiated Sale Consultant will recommend one or more investment banking firms as managers of an underwriting syndicate for the purposes of negotiating the purchase of Debt Instruments and in no event will Consultant participate either directly or indirectly in the underwriting of the Debt Instruments Consultant will collaborate with any senior managing underwnter selected and Counsel to the underwnters in the preparation of the Official Statement or Offering Memorandum Consultant will cooperate with the underwriters in obtaining any Blue Sky Memorandum and Legal Investment Survey, prepanng the Bond Purchase Contract, Underwriters' Agreement and any other related documents The costs thereof, including the printing of the documents, will be paid by the underwriters c Private Placement Upon authonzation by the Village and acting in its behalf, Consultant will place pnvately the Debt Instruments directly with institutional investors Consultant will prepare and provide to the prospective purchasers a Limited Offenng Memorandum and other related documents 9 Consultant will, after consulting the Village, arrange for such reports and opinions of recognized independent consultants Consultant deem necessary and required for the successful marketing of the Debt Instruments 10 Subject to the approval of the Village, Consultant will organize and make arrangements for such information meetings as, in its judgment, may be necessary B Transactions 11 When appropriate, Consultant will advise financial publications of the forthcoming sale of the Debt Instruments and provide them with all pertinent information 12 Consultant will coordinate the preparation of the Notice of Sale and Bidding Instructions, Official Statement, Official Bid Form and such other documents as may be required Consultant will submit to the Village all such documents for examinations, approval and certification After such examination, approval and certification, Consultant will provide the Village with a supply of all such documents sufficient to its needs and will distribute by mail sets of the same to prospective bidders and to banks, life, fire and casualty insurance companies, investment counselors and other prospective purchasers of the Debt Instruments Consultant also provides sufficient copies of the Official Statement to the purchaser of the debt Instruments in accordance with the Notice of Sale and Bidding Instructions The expenses associated with pnnting and distribution of these documents will be paid by the Village 13 Consultant will make recommendations to the Village as to the advisability of obtaining a credit rating, or ratings, for the Debt Instruments as, in its opinion, is required for submission to the appropnate company, institution or institutions In those cases where the advisability of personal presentation of information to the rating agency, or agencies, may be indicated, Consultant will arrange for such personal presentations The expenses associated with the preparation of information and personal presentations will be paid by the Village 14 Consultant will make recommendations to the Village as to the advisability of obtaining municipal bond insurance or other credit enhancement, or qualifications for same, for the Debt Instruments and, when directed by the Village, Consultant will coordinate the preparation of such mformation as, in its opinion, is required for submission to the appropnate company, institution or institutions In those cases where the advisability of personal presentation of information to the appropriate company, institution or institutions may be indicated, Consultant will arrange for such personal presentations The expenses associated with the preparation of information and personal presentations will be paid by the Village 15 Consultant will assist the staff of the Village at any advertised sale of Debt Instruments in coordinating the receipt, tabulation and comparison of bids and Consultant will advise the Village as to the best bid Consultant will provide the Village with its recommendations as to acceptance or rejection of such bid 16 As soon as a bid for the Debt Instruments is accepted by the Village, Consultant will proceed to coordinate the efforts of all concerned to the end that the Debt Instruments may be delivered and paid for as expeditiously as possible Consultant will assist the Village in the preparation or venfication of final closing figures incident to the delivery of the Debt Instruments 17 Consultant will maintain liaison with Bond Counsel in the preparation of all legal documents pertaining to the authonzation, sale and issuance of the Debt Instruments Bond Counsel will provide an unqualified legal opinion as to the legality of the issuance of the Debt Instruments at the time of delivery 18 If requested, Consultant will counsel with the Village in the selection of a Paying Agent/Registrar for the Debt Instruments, and will assist in the preparation of agreements pertinent to these services and the fees incident thereto -11- 19 In the event formal venfication by an independent auditor or any calculations incident to the Debt Instruments is required, Consultant will make arrangements for such services 20 Consultant agrees to do, or cause to be done, all work pertaining to the Debt Instruments, obtaining approval, as may be required by law, registration, and delivery to the purchaser The expenses associated with the pnnting of the debt instruments will be paid by the Village 21 After the closing of the sale and delivery of the Debt Instruments, Consultant will deliver to the Village a schedule of annual debt service requirements on the Debt Instruments In coordination with Bond Counsel, Consultant will assure that the Paying Agent/Registrar has been provided with a copy of the authonzing ordinance, order or resolution C Additional Services In addition to the services set out above, Consultant agrees to provide the following services when so requested 1 Consultant will provide its advice as to the investment of certain funds of the Village Consultant will, when so directed, purchase those investments authonzed to be purchased and Consultant will charge a normal and customary commission for each such transaction 2 Consultant will provide its advice and assistance with regard to exercising any call and/or refunding of any outstanding Debt Instruments 3 Consultant will provide its advice and assistance in the development of, and financing for, any capital improvement programs of the Village 4 Consultant will provide its advice and assistance in the development of the long-range financing plan of the Village 5 Consultant will provide any other financial planning services as may be requested by the Village EXHIBIT "B" FEE SCHEDULE A In General With the exception of retainer fees for the financial planning services, as descnbed in Section B of this Exhibit, and the proposed hourly fees, as descnbed in Section C of this Exhibit, the fees due Consultant for transaction related services in accordance with Section D below of this Exhibit and any related costs as may be mutually agreed upon for which Consultant is entitled to reimbursement, shall become due and payable concurrently with the dehvery of the Debt Instruments to the purchaser B Retainer Consultant shall receive a total annual retainer fee of $25,000 (payable in equal monthly installments of $2,083 33) plus reimbursement of reasonable out of pocket expenses, which are payable monthly This fee covers all ongoing financial planning services descnbed in items (1-10) of Exhibit "A" of the Agreement C Hourly Fees Pnncipal/Senior Bankers $200 per hour Associates $175 per hour Administrative $ 65 per hour The Hourly Fees would be in addition to the retainer described in Section B above and would be for special and specific projects authonzed in advance by the Village Further, for any investment banking services provided by Consultant, the fees to be charged shall be disclosed and agreed to up front D In consideration for the services rendered by Consultant to the Village, as related to transaction services (items 11-21 of Exhibit "A") (bond issues, feasibility studies, capital planning, etc), it is understood and agreed that the fee payable to Consultant for each issue of Debt Instruments or other specified financing will be, as follows Base Fee (i) Any Issue - $5000 plus an agreed upon "per bond" fee amount based on the size of the transaction Consultant's base fee and expenses related to bond issues or other sources of financing are contingent on the issuance of debt and payable solely from bond proceeds Expenses are borne by the Consultant until a fee statement and expense reimbursement are submitted at the closing in accordance with the Agreement between the Village and Consultant (ii) As to fees for Advanced Refunding Bonds and/or other Debt Instruments involving Escrow Agreements, it is understood and agreed that Consultant -13- will charge, in addition to its Financial Advisory fee, a computer fee to be negotiated in advance on a case by case basis (in) Consultant may serve as the Paying Agent and will bill the Village at Closing for each issue of Debt Instruments a Net Amount which will include a fee calculated on the above schedule as well as costs and expenses, where applicable, incurred on behalf of the Village, provided the Village has requested that Consultant serve as its Paying Agent in the payment of Bond Counsel fee, preparation, printing and distnbution of the Notice of Sale, Official Statement, Umform Bid Form or Pnvate Placement Memorandum, independent consultants, computer fees, information meetings, if any, presentations to rating agencies, rating fees and travel expenses of Village representatives, if any, panting of the Debt Instruments, and all appropriate costs and expenses associated with closing and delivery of the Debt Instruments F /103 001/Agreements/Exhibit A and B to Estrada Hmojosa Agreement 2 13 06 RESOLUTION NO 2006-9 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING TWO HUNDRED THOUSAND ($200,000 00) DOLLAR STORMWATER DRAINAGE IMPROVEMENT GRANT FROM THE STATE OF FLORIDA PURSUANT TO DEP AGREEMENT NUMBER LP6107, PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to DEP Agreement Number LP6107, the Village of Key Biscayne has been awarded a Two Hundred Thousand ($200,000 00) Dollar Stormwater Drainage Improvement Grant from the State of Florida pursuant to Line Item 1717A of the 2005-2006 Appropnations Act, and WHEREAS, the Village Council finds that acceptance of the Grant is in the best interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1. Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2. Grant Accepted That the Grant provided pursuant to DEP Agreement Number LP6107 is hereby accepted and the Village Manager is authonzed to execute the Grant Agreement, in substantially the form attached hereto, on behalf of the Village, upon approval by the Village Attorney as to form and legal sufficiency Section 3. Implementation. That the Village Manager is hereby authorized to take any action which is necessary to implement this Resolution and the Grant Agreement, including the expenditure of matching funds for the project as provided pursuant to the Village budget and in accordance with the procedures of the Village Section 4 Effective Date That this resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 14th day of March, 2006 /t'O(d,a1 L - MAYOR ROBERT OLDAKOWSKI ATT .d/ CHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS T ORM AND LEGAL SUFF VILLAGE ATTO F /103 001/Resolution/Accepting $200 000 0 Stormwater Drainage Grant 2 28 06 2 RESOLUTION NO 2006-10 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING MIAMI-DADE COUNTY PUBLIC SCHOOLS AND CALLING UPON THE STATE OF FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING TO ACHIEVE A HIGH -QUALITY EDUCATION SYSTEM WHEREAS, the Flonda Constitution provides that the education of children is a fundamental value of the people of Flonda and a paramount duty of the State, and WHEREAS, the Constitution creates a clear mandate for a uniform and high quality education system and for the State to make adequate provision for this purpose, and WHEREAS, Flonda is one of the leaders in the nation in mandating public school educational accountability measures and The School Board of Miami -Dade County has improved its overall grade from C to B in the state accountability system, and WHEREAS, the number of schools in Miami -Dade County, Flonda, receiving a letter grade of A increased to 48% — highest percentage ever — despite tougher state standards and the number of schools receiving a repeat grade of F was reduced by 66% to 3, and WHEREAS, the number of third graders considered proficient readers in Miami -Dade County Public Schools rose to 61% — the highest percentage ever — and 1,814 fewer third graders are at nsk of being held back due to reading scores, and WHEREAS, Miami -Dade County Public Schools has reorganized its central office and eliminated more than 500 positions, freeing up $38 million for other educational needs, and WHEREAS, The School Board of Miami -Dade County, Flonda, has constructed 18,000 new student seats to address overcrowding using local funds — more than three times the number planned by pnor administrations— although the majonty of state Classrooms for Kids allocations have gone to school distncts without documented capital outlay needs, and WHEREAS, The School Board of Miami -Dade County, Flonda, will need approximately $136 million in new monies above current funding levels to continue these initiatives, but the recent change in Distnct Cost Differential could reduce the district's share of annual funding by as much as $78 million, and WHEREAS, Florida employers consistently rank improving education and workforce development as top concerns to the success of their business, and a highly qualified, trained workforce is critical to strengthening our business climate, and WHEREAS, the education system needs to respond to the workforce needs of Flonda's employers, including programs that expand career academies in high schools, aligning career education with industry standards and workforce demands, and expanding options for students to continue their education and enter the workforce, and WHEREAS, ensunng excellence in education and workforce is a top strategic pnonty to achieve Enterpnse Flonda's vision of Flonda as a global leader in knowledge -based jobs, leading - edge technology and competitive enterpnses in the 21st century, and WHEREAS, the pre -K-20 education system is a key foundation for Flonda's future providing the talent base for economic diversification and an economic engine for the knowledge economy, and Flonda should continue to move its education system at all levels (pre -K-20) into the top quartile in education quality, student rankings and graduation rates based on national standards, and WHEREAS, the Village of Key Biscayne believes that funding a high -quality education system is an investment in the ability to compete nationally and globally in the marketplace, and WHEREAS, the Village of Key Biscayne believes that adequate funding is needed to achieve a high- quality education system measured by student achievement NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the Village of Key Biscayne supports the Miami -Dade County Public Schools' 2006 legislative initiative Section 2 Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this , 14th day of March , 2006 4,0 6-et/A-CT / j MAYOR ROBERT OLDAKOWSKI HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS 11 ORM AND LEGAL SUFFICIE VILLAGE A T • ' EY RESOLUTION NO 2006-11 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING DESIGN WORK FOR IMPROVEMENT OF PLAYING FIELD WHICH IS UTILIZED BY THE VILLAGE AT THE KEY BISCAYNE COMMUNITY SCHOOL, AUTHORIZING DESIGN OF PLAYING FIELD IMPROVEMENTS, APPROVING WORK AUTHORIZATION BETWEEN THE VILLAGE AND POST BUCKLEY SCHUH AND JERNIGAN, INC , FOR DESIGN WORK ON PLAYING FIELD IMPROVEMENTS, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council desires to authonze the expenditure of Village funds for the design of playing field improvements (the "Project"), upon lands utilized by the Village pursuant to an Agreement with the Miami -Dade School Board, at the Key Biscayne Community School facility of the School Board, as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to expeditiously proceed with the design of the Project, and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that the design of the Project, at a cost not to exceed $90,000 00, is exempt from competitive bidding, as a professional service, pursuant to Section 2-87(2) of the Village Code, and complies with Section 287 055, Flonda Statutes, as work under a continuing contract as authonzed by said statute, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution 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 Work Authorized. Specification of Funds That the design activities for the playing field improvements (the "Improvements") as descnbed herein and in Exhibit "A", attached hereto, are hereby approved and authonzed, subject to each of the following conditions a That the fee for professional services for the design of the Improvements shall not be more than $90,000 00, b That the fund amount and source for the design work items are hereby authorized and approved as described in Exhibit "A" Section 3 Agreement Approved That the Village Manager is hereby authonzed to enter into a work authorization with Post Buckley Schuh and Jernigan, Inc , for the design work (the "Agreement"), in a form and substance approved by the Village Attorney, which is consistent with the requirements of this Resolution, and such Agreement is hereby approved, subject to approval of the Village Attorney as to form and legal sufficiency Section 4 Implementation A That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this Resolution and the Agreement B That the construction phase of the Project shall be subject to pnor Council consideration and approval by adoption of a capital project authorizing Resolution of the Village Council Section 5 Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 11th day of Apnl, 2006 2 VILLAGE ATTORNEY /(4ca.(4.ce4 L. -- MAYOR ROBERT OLDAKOWSKI ATTE J /1)0(671 CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE »v1 103 001/Resolutions/Second Version of Alternate Improvements of playing field leased from KB Community School 3 30 06 3 Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez VILLAGE OF KEY BISCAYNE Office of the Village Manager DT Apnl 5, 2006 TO H bleM FR q it Members Menendez, i . ge Manager RF/ Key Biscayne Community School Field Project RECOMMENDATION It is recommended that the Village Council approve the agreement with Post Buckley Schuh and Jernigan, Inc , for the design work on the playing field improvements The cost of these services will not exceed $90,000 and will be funded from the Future Land Acquisition line item BACKGROUND On June 18, 2003, the School Board of Miami -Dade County renewed the lease of the playfield area at the Key Biscayne Elementary School until December 31, 2013 This lease states that the Village of Key Biscayne will be responsible for the maintenance of the fields and in return the Village is able to utilize the facilities outside of school operation hours The Village has invested in capital improvements in the past The Village of Key Biscayne leveled, re -sod, and added an irrigation system for the fields, pnor to the construction of the middle school, in accordance with this agreement Dunng the construction of the middle school and basketball court the field and irrigation system were damaged Please refer to the attached pictures to see the current condition of the field 88 West McIntyre Street • 0 • Fax (305) 365 8936 MISSION STATEMENT TO PR SIBLE COVERNMENT Mr Todd Hofferberth Village of Key Biscayne Page 4 April4 2006 SCOPE OF SERVICES ATTACHMENT NO 1 Task 1 0 - Civil Services A Surveying 1 Establishment of horizontal and vertical controls 2 Venfy the location of visible surface improvements within, upon, across, abutting and adjacent to the Project Area 3 Acquire spot elevations at 25 -foot interval 4 Locate all trees within Project Area, together with diameter of same (Will not be identified by species or common name ) 5 Prepare Specific Purpose Survey Map and Report B Drainage 1 Prepare a site layout plan for Phase I submittal to MDCPS for review and approval 2 Based on the approved Phase I prepare a demolition plan, and preliminary grading plan for MDCPS review and approval (Phase II) 3 Meet with DERM for storm water permitting 4 Preparation of finalized site layout, grading and detail sheets This step includes final submittal to MDCPS 5 Assist with DERM Water Control Permit, Department of Health and Miami Dade Water and Sewer Department in permitting C \Documents and Settings\12385\Local Settings\Temporary Internet Files\OLK2\RFP (2) DOC Mr Todd Hofferberth Village of Key Biscayne Page 5 Apri14 2006 Task 2 0 - Landscaping Services 1 A review of the site and its existing conditions will be preformed including such things as existing imgation systems, vegetation, drainage patterns, access, condition of existing athletic facilities and current use patterns 2 The proposed athletic facilities, turf and irrigation systems will be coordinated with maintenance staff to insure installed elements meet Village requirements and to insure proper maintenance 3 A proposed layout plan of the athletic facilities, including a tittle league field (no pitcher's mound), two hard surface basketball courts and two batting cages, plus turf establishment and imgation system will be developed 4 All proposed landscape and irrigation will be coordinated with other disciplines at PBS&J Connection to the municipal water system for irrigation will be coordinated to assure required water pressures and quantities for a fully operational imgation system Task 3 0 - Electrical Services — Site Lighting 1 Services will include a site visit prior to design 2 Provide baseball field site lightmg/wirmg plan, as well as light pole details Electrical Specifications and Notes will be included on plans 3 Perform Lighting, Voltage Drop, and Power Riser Diagram & Feeder Calculations Calculations will also include structural calculation for pole foundation/wmd loading 4 Services will include power company coordination for electncal service C \Documents and Settings\12385\Local Settings\Temporary Internet Files\OLK2\RFP (2) DOC RESOLUTION NO 2006-12 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS), PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Homeland Secunty Presidential Directive (HSPD-5), Management of Domestic Incidents, the President directed the Secretary of Homeland Secunty to develop and administer a National Incident Management System (NIMS) On March 1, 2004, the Secretary issued the NIMS to provide a comprehensive national approach to incident management, applicable to all junsdictional levels across functional disciplines, and WHEREAS, the NIMS provides a consistent nationwide approach for federal, state, tnbal and local governments to work effectively and efficiently together to prepare for, prevent, respond to and recover from domestic incidents, regardless of cause, size, or complexity, and WHEREAS, the NIMS establishes standard incident management processes, protocols and procedures so that all responders can work together more effectively, and WHEREAS, the Federal NIMS Integration Center was established to oversee all aspects of NIMS, including the development of NIMS related standards and guidelines and support to guidance for incident management and responder organizations as they implement the system The Center will validate compliance with the NIMS and National Response Plan responsibilities, standards and requirements, and WHEREAS, the overwhelming majonty of emergency incidents are handled on a daily basis by a single jurisdiction at the local government level and may involve multiple junsdictions, functional agencies and emergency responder disciplines These instances require effective and efficient coordination across the spectrum of organizations and activities, and WHEREAS, the NIMS is based on an appropnate balance of flexibility and standardization in order to provide a framework for interoperability and compatibility dunng incident operations, and WHEREAS, the NIMS provides a consistent, flexible and adjustable national framework within which government and private entities at all levels can work together to manage domestic incidents, regardless of their cause, size, location, or complexity This flexibility applies across all phases of incident management prevention, preparedness, response, recovery and mitigation 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 Recognition That the Village Council hereby recognizes the NIMS and adopts NIMS pnnciples and policies Section 3 Authorization That the Village Council directs the Village Manager to establish a NIMS baseline by determining which NIMS requirements have already been met Section 4 Implementation The Village Council directs the Village Manager to establish a timeframe and develop a strategy for full Village of Key Biscayne NIMS implementation Section 5 Direction The Village Council directs all Village departments, agencies, organizations, to institutionalize the use of the Incident Command System Section 6 Effective Date That this Resolution shall be effective immediately upon adoption hereof 2 PASSED AND ADOPTED this 25th day of Apnl, 2006 /1.0 atet, ( 1...--% MAYOR ROBERT OLDAKOWSKI AT isci/71,2m,e HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE fin 1 VILLAGE ATTORNEY 103 001/Resolutions/Adopting the National Incident Management System 4 11 06 3 RESOLUTION NO 2006-13 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND DAVISLOGIC, INC , D/B/A ALL HANDS CONSULTING, CONCERNING PROVISION OF PROFESSIONAL EMERGENCY MANAGEMENT PLANNING SERVICES, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council, pursuant to the recommendation of the Village Manager, Police Chief and Fire Chief, desires to enter into an Agreement for Professional Services (the "Agreement") with Davislogic, Inc , doing business as All Hands Consulting, a Maryland corporation which is authorized to do business in the State of Flonda ("Consultant"), and WHEREAS, upon advice of the Village Attorney, the Village Council finds that this Agreement is exempt from competitive bidding as a professional service contract pursuant to Village Code Section 2-87(2) and is also exempt from competitive bidding pursuant to Village Code Section 2-86, as a contract which is based on a competitive bid entered into by another governmental entity, to -wit the City of Miami, and WHEREAS, the Village Council finds that the approval of the Agreement is in the best interest of the Village 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 Agreement Approved That the Agreement between Consultant and Village is hereby approved and the Village Manager is hereby authorized to execute the Agreement, on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 3 Implementation. That the Village Manager is hereby authonzed to take any and all action which is necessary to implement the Resolution and Agreement Funding for the Agreement shall be provided as indicated in the Village Manager's Memorandum which accompanies this Resolution Section 4 Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 25th day of Apnl, 2006 MAYOR ROBERT OLDAKOWSKI ATT T CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FARM ANDJ7EGAL SUFFIC VILLAGE ATTORNEY 103 001/Resolutions/Professonal Services Agreement with Davislogic Inc for emergency management planning 4 10 06 2 VILLAGE OF KEY BISCAYNE Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Chief of Fire Rescue John C Gilbert Department of Fire Rescue DT TO FR RE Agreement for Professional Servuces concerning Emergency Management Planning RECOMMENDATION April 17, 2006 Cte n18Slpa 0 Ho, o able Ma ` r- fTd M bers of the Village Council Mefie�nd - z, Ilage Manager It is recommended that the Village Council approve the Agreement between Davislogic Inc, doing business as All Hands Consulting and the Village for Comprehensive Emergency Management Planning (CEMP) services BACKGROUND rnattO Local authorities, not federal, have the primary responsibility for preventing, responding to, and recovering from emergencies and disasters The overwhelming majority of emergency incidents are handled on a daily basis by a single jurisdiction at a local level It is critically important that all jurisdictions comply with the NIMS because the challenges we face as a nation are far greater than the capabilities of any one jurisdiction, they are not, however greater than the sum of all of us working together through mutual support Homeland Security Presidential Directive 5 (HSPD-5), Management of Domestic Incidents, requires all federal departments and agencies to adopt and implement the NIMS, and requires state and local jurisdictions to implement the NIMS to receive federal preparedness funding This includes all emergency response plans in support of the Village CEMP and any internal emergency plans Modification includes departmental testing, refinement, and implementation of plans, procedures requiring NIMS integration, and will develop an integration strategy and identify expected phased -in milestone dates for each plan and procedure by September 30, 2006 Funding for the agreement is not to exceed $61,300 00 560 Crandon Boulevard • Key Biscayne, Florida 33149 • (305) 365 8989 • Fax (305) 365 8933 MISSION SIATEMFNT CO PROVIDE A SAFF QUALITZ COMMUNITI EN\IRONMENT FOR ALI ISLANDERS THROUGH RRSI ONSIBLF COVERNMFNT www key biscayne fl gov VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into thiP14ay of Apnl, 2006, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and DAVISLOGIC, INC , doing busmess as ALL HANDS CONSULTING, a Maryland corporation which is authonzed to do business in the State of Flonda (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform for the VILLAGE certain professional emergency management planning services (the "Specified Services"), which are within CONSULTANT"s expertise, as specifically descnbed m the March 28, 2006 Proposal (the "Proposal"), a copy of which Proposal is attached hereto and incorporated herein as Exhibit "A" The CONSULTANT wants to provide such Specified Services as descnbed m the Proposal In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A CONSULTANT agrees to perform the Specified Services upon written request from the Village Manager B CONSULTANT shall expend all necessary efforts to competently and professionally complete all tasks in accordance with a schedule to be approved by the Village Manager C CONSULTANT shall perform additional services beyond the Specified Services, but within its expertise, if requested by the Village Manager, at compensation which is first mutually agreed to m writing 2 FEES FOR SERVICES A As full compensation for satisfactory performance of the Specified Services, the CONSULTANT agrees to charge and shall be paid by the Village m accordance with the fee schedule and accompanying chart set forth m paragraph (10) of the Proposal, for a total fee not to exceed Fifty Six Thousand Eight Hundred ($56,800 00) Dollars Fees shall be paid in arrears each month, pursuant to monthly invoice, based upon the percentage of work completed for each task invoiced Invoices shall be promptly processed for payment pursuant to the Florida Prompt Payment Act B VILLAGE shall reimburse CONSULTANT for its direct and reasonable expenses for document production and reproduction, postage, long distance telephone charges, photographic services, authonzed travel and other cost items which are first approved by the Village Manager, all in a total amount which, unless first otherwise authonzed m writing by the Village Manager, is not to exceed $4,500 00 3 TERM The duration of the term of this Agreement shall commence upon execution hereof and shall expire upon completion of the performance of the Specified Services, unless extended by the Village Manager or earlier terminated pursuant to paragraph 8 4 RECORDS All details, guidelines, reports, work papers and other documents and plans that result from the CONSULTANT providing Specified Services or any additional services hereunder shall be the property of the VILLAGE Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT All work products shall be provided to VILLAGE in paper and digital 5 INSURANCE A The CONSULTANT shall at all times carry comprehensive general liability and contractual liability insurance, workers' compensation insurance (if applicable), and automotive liability msurance, with minimum policy lmuts for each coverage m the amount of at least Five Hundred Thousand ($500,000 00) Dollars per occurrence, combined smgle limit, for property damage and bodily injury, including death, except that the dollar amount of workers compensation coverage shall be as provided by Chapter 440, Fla Stat The VILLAGE shall be named as an additional msured on all of the above insurance policies, to the extent permitted by law Each insurance policy shall state that it is not subject to cancellation or reduction m coverage without wntten notice to the VILLAGE 30 days prior to the effective date of cancellation or reduction of coverage B CONSULTANT shall indemnify and hold harmless the VILLAGE, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of the Agreement, except that neither the CONSULTANT nor persons employed or utilized by the CONSULTANT will be liable under this paragraph for liabilities, damages, losses, or costs to the extent that they directly result from the negligent acts, errors, or omissions of the VILLAGE or any of VILLAGE's officers, agents, or employees during the performance of this Agreement 6 ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT CONSULTANT is authonzed to utilize its subconsultants, if any, as identified m the Proposal 7 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contmgent upon or resultmg from the award or making of this Agreement 8 TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30) days advance wntten notice with or without cause and by the CONSULTANT upon sixty (60) days advance written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of paragraph 2 for all acceptable work performed up to the date of term nation 9 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herem shall preclude the VILLAGE from engagmg other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole and absolute discretion 10 ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties This Agreement cannot be amended or modified without the express written consent of the parties The Village Manager shall act for VILLAGE hereunder, subject to budgetary limitations 11 WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services for Village as an independent contractor of the Village 12 NOTICES All notices and commumcations to the VILLAGE or CONSULTANT shall be m wntmg and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery All notices and communications shall be effective upon receipt Notices shall be addressed as follows VILLAGE Jacquelme R Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to CONSULTANT Village Attorney c/o Weiss Serota Helfman Pastonza Cole & Bomske, PA 2665 South Bayshore Dnve, Suite 420 Miami, Flonda 33133 Steven C Davis Davislogic, Inc , d/b/a All Hands Consultmg 10025 Maple Avenue Columbia, MD 21046 With a copy to Steven C Davis Davislogic, Inc , d/b/a All Hands Consulting 3250 Mary Street, Suite 401 Miami, Flonda 33133 13 GOVERNING LAW, LITIGATION This Agreement shall be construed in accordance with the laws of the State of Flonda Venue for any litigation hereunder shall be in Miami -Dade County, Flonda The parties voluntanly waive the right to any trial by jury m any litigation hereunder between the parties 14 MISCELLANEOUS A CONSULTANT represents and warrants to the VILLAGE that CONSULTANT does not and will not engage in discnnunatory practices and that there shall be no discrimination m connection with CONSULTANT's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status, sexual preference or sexual onentation, or national ongm CONSULTANT further covenants that no otherwise qualified individual shall, solely by reason of his or her race, color, sex, religion, age, handicap, marital status, sexual preference or sexual onentation, or national ongin, be excluded from participation m, be denied services, or be subject to discrimination under any provision of this Agreement B CONSULTANT is reminded and hereby recognizes that all work under this Agreement must comply with any applicable county, state and federal regulations Any mandatory clauses which are required by such county, state or federal regulations shall be deemed to be incorporated herein unmediately upon VILLAGE's written request IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written CONSULTANT DAVISLOGIC, INC d/b/a All Hands Consultmg 10025 Maple Avenue Columbia, MD 21046 s By Name _Crew .� Title (?', ogiir VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 By •a3: , / 1ZOR (O ...� Approved pursuant to Council Resolution N� quelme ' Men Vill• 'e •:per Village Clerk roved as to Form and Legal Sufficiency F \103001\Agreements\New Agreement for Professional Services for Emergency Management Planning 4 1006 AHD ALL HANDS CONSULTING — GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 305 774 0012 10025 MAPLE AVENUE COLUMBIA MD 21046 March 28 2006 John Gilbert Fire Rescue Chief Village of Key Biscayne 85 West Enid Drive Key Biscayne Florida 33149 410 730 5677 Re Proposal — Comprehensive Emergency Management Planning Services Dear Chief Gilbert It is a pleasure to provide you with this proposal for Comprehensive Emergency Management Planning Services AU Hands Consulting has prepared the enclosed proposal based on our understanding of your requirements We have based this proposal on the terms and conditions of our contract with the City of Miami (RFQ No 04-05-042R) which includes a provision stating that "Other local governments rn Florida, including, without limitation, Cities, Counties, School and Special Districts may purchase directly subject to their respective compliance with applicable laws, the Services being provided in this contract, when the Provider and the awarding local government agree to enter into a separate independent contract to that effect Our cost proposal is based on the fee structure included in the Miami contract Based on the fee structure and the services to be provided we have estimated the cost of this proposal to be $61 300 inclusive of travel cost and reimbursable expenses This provides you with a firm fixed pnce for the deliverables proposed I believe that you will find our rates to be very competitive The detailed proposal is enclosed please let me know if you have any questions Phone (410) 730-5677 E -Mail steve©allhandsconsulting com Sincerely Steve V'avc¢ Steven C Davis President All Hands Consulting Enclosure Proposal 1 AHS ALL HANDS CONSULTING -- GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 305 774 0012 10025 MAPLE AVENUE COLUMBIA MD 21046 410 730 5677 Proposal Comprehensive Emergency Management Services 1 THE ALL HANDS CONSULTING ADVANTAGE All Hands Consulting combines the talents of some of the leading emergency, crisis, and business continuity management firms in North Amenca Our members have an average of over 20 years of expenence, including the development of industry standard emergency, cnsis and business continuity management programs We utilize our extensive network of seasoned consultants to provide highly reputable personnel with proven skills that match the requirements of each assignment We work cooperatively with our clients and each other to ensure the best in service delivery Ail Hands has created a seamless structure, providing a balanced team of personnel who can address a broad spectrum of client needs 2 OUR UNDERSTANDING OF YOUR REQUIREMENTS We understand your requirements to be the development and facilitation of an All -Hazards Comprehensive Emergency Management program to include a Hazards Vulnerability Analysis (HVA) Comprehensive Emergency Management Plan (CEMP) and Continuity of Operation (COOP) Plan 4 PROJECT APPROACH AND DELIVERABLES All Hands will work closely with Village leaders to develop a Comprehensive Emergency Management Plan (CEMP) to include a Hazards Vulnerability Analysis and Continuity of Operations Plan (We are currently providing this service for Miami ) Our subject matter experts will guide local officials in developing a complete and comprehensive emergency management program that will provide the necessary level of protection for the residents of the Village of Key Biscayne and its visitors All Hands will provide best practices content ideas, design ideas and options editing and writing data entry facilitation of planning process meetings as necessary provide content charts diagrams and graphics for Village review, and provide final copies When working on site in Village of Key Biscayne, All Hands staff will function as emergency management auxiliary staff, taking direction from and working closely with local Village and Emergency Management staff All Hands will provide technical support and guidance to the Emergency Management staff through wntten and verbal guidance, review and critique of completed work and one-on-one meetings All Hands will request that the Village leadership approve content and format, review and comment on draft documents and approve the final layout All Hands will prepare and present a written summary report containing recommendations for any adjustments in the CEMP contents or in its training program 2 AHD ALL HANDS CONSULTING -- GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 305 774 0012 10025 MAPLE AVENUE COLUMBIA MD 21046 410 730 5677 5 TEAM ORGANIZATION Charles Erwin Exercise Branch Chief will lead the AHC team and will be the principle consultant on this project Mr Erwin has extensive expenence in exercise development and facilitation and was a former State Exercise Director Mr Erwin has managed several successful South Flonda Hurncane Exercises The project will be supported by All Hands Consulting's Miami -based team, which includes individuals who are intimately familiar with the Miami Comprehensive Emergency Management Plan and EOC operations Protect Organization Project Manager Rick LaValla Planning Team Peter Smalley John Snow Document Management Bobbie Pitsenberger Administrative Support Sandra Ocampo 6 RELATED EXPERIENCE All Hands' principals have previously prepared 17 Comprehensive Emergency Management Plans 12 of which have been developed or updated within the past five years In addition we have extensive experience in the development of Terrorism Response Plans and Continuity of Operations (COOP) plans as shown below Comprehensive Emergency Management Plans All Hands' principals have prepared Comprehensive Emergency Management Plans within the last five years for the following junsdictions • City of Miami FL • West Palm Beach, FL • Palm Beach FL • Deerfield Beach, FL • Jefferson County/Birmingham, AL 3 AHD ALL HANDS CONSULTING — GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 305 774 0012 10025 MAPLE AVENUE COLUMBIA MD 21046 410 730 5677 • Cape Coral FL • Anchorage, AK • Racine County, WI • Yakima County, WA • Montgomery County/City, AL • Hilton Head Island, SC • Oakland Park, FL Continuity of Operations Plans All Hands principals have prepared Continuity of Operations (COOP) plans within the last five years for the following jurisdictions/agencies • City of Miami, FL • Executive Office of the President (The White House) • Lockheed Martin Aeronautics Fort Worth TX • Fort Lauderdale, FL • Hialeah FL • Manatee County, FL • Monroe County, FL • Jefferson County/Birmingham, AL • Department of Veterans Affairs Washington D C 7 QUALIFICATIONS Team Members All Hands Consulting brings the best and brightest in the emergency management field to our projects The following table provides a listing of the All Hands consultants who will be assigned to Key Biscayne projects However we can provide additional support and expertise at any time depending on the needs of specific tasks and projects Consultant Name Steve Davis Project Tasks Engagement Manager Pnncipal Consultant Rick LaValla Project Manager Chief Planner John Snow Consultant CEMP Subject Matter Expert Peter Smalley Consultant Search and Rescue and Firefighting Expert Bobbie Pitsenberger Sr Consultant CEMP Documentation Expert Sandra Ocampo Administrative Assistant 4 AHS ALL HANDS CONSULTING — GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 10025 MAPLE AVENUE COLUMBIA MD 21046 305 774 0012 410 730 5677 Consultant Name Other Available Staff Project Tasks Tony Alexiou Consultant Trainer Bill Firestone Sr Consultant Planning Training and Exercises Dianne Wnght Sr Consultant Administration Chief Rick Hood Senior Trainer ICS CERT Diana Gonzalez Sr Consultant Local Govemment Planning Laura Mallet Sr Consultant, Planning COOP and COG Brief biographies of each assigned consultant are provided below Steve Davis served for 28 years in local government and seven years as a consultant He is a subject matter expert in homeland security, emergency management, and Continuity of Operations (COOP) He has successfully managed numerous emergency management and COOP projects as well as several emergency operations center design, software design and evaluation and software implementation projects Steve is currently the lead project manager for the Miami Urban Area Security Initiative project In this capacity he is responsible for delivenng to the Miami Urban Area, a comprehensive scope of emergency planning and homeland security services Rick LaValla has 33 years of experience providing emergency management and emergency response services to educational institutions emergency response organizations, business and industry, and local, state federal, and foreign government agencies His competencies include writing mitigation plans, recovery plans emergency operations center (EOC) plans comprehensive emergency management plans, continuity of operations plans terronsm plans standard operating procedures development hazard and risk assessments training and course development, exercise design and presentation, project management and EOC management John Snow is an expenenced and versatile emergency management professional who has worked twenty-three years in local government as well as twenty years as a Naval Officer He prepared Comprehensive Emergency Management Plans for West Palm Beach and Oakland Park and is currently preparing a CEMP for Hialeah A former Florida Emergency Manager of the Year John possesses strong leadership work ethic and project management skills and has the ability to motivate and influence individuals as well as to work with citizen groups local government and the military Peter Smalley manages the All Hands Miami Project management office and is responsible for planning and training coordination He is a recognized subject matter expert in the field of consequence management relative to weapons of mass destruction for the National Disaster Response Urban Search and Rescue program He has developed, coordinated evaluated and managed program plans and operational procedures relative to WMD to effectively 5 AHet ALL HANDS CONSULTING -- GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 10025 MAPLE AVENUE COLUMBIA MD 21046 305 774 0012 410 730 5677 respond to a threat or act of terrorism at the national, regional, state, and local level Responsible to conduct studies and prepare project reports and consolidate findings Serves as FEMA representative to the US&R Advisory Committee WMD Working Group Primary staff member responsible for developing, implementing, coordinating and evaluating policies and procedures pertinent to the US&R WMD preparedness program Diana Gonzalez has extensive experience in Miami -Dade County operations including Capital Improvements and Facilities Management As a consultant, she is experienced with serving the public and non-profit sectors in facilities development, process review and improvement, facilitation and strategic planning Bobbie Pitsenberger serves as All Hands' Director of Publications Ms Pitsenberger has 14 years of relevant experience She is an expert in emergency planning and plan writing (including CEMPs and terrorism plans), standard operating procedures development hazard and risk assessments, technical writing, training and course development, exercise design, consulting and project management Sandra Ocampo is the Office Manger for the Miami Project Management Office and is an expenence Administrative Assistant She provides a variety of administrative tasks in support of the Miami UASI project 8 REFERENCES A comprehensive work history is attached that includes a reference for each project 9 ASSUMPTIONS In order for this project to achieve the required deliverables and remain within budget, the following assumptions need to be agreed upon from both the Village of Key Biscayne and All Hands Consulting • Resources from All Hands Consulting shall be given reasonable and timely access to required documentation needed for this project • The Village of Key Biscayne will not require additional work status reports or meetings, outside of the project schedule as that would deplete the available budget resources for the project • The Village of Key Biscayne will provide a single point of contact for project coordination with All Hands • The Village of Key Biscayne will actively participate in each phase of project • The Village of Key Biscayne will provide security clearance and access to facilities as required This includes badges passwords, access cards, and parking privileges • The Village of Key Biscayne will ensure accuracy of data/information supplied to All Hands 6 AHD ALL HANDS CONSULTING -- GLOBAL EMERGENCY MANAGEMENT 3250 MARY STREET SUITE 401 MIAMI FL 33133 305 774 0012 10025 MAPLE AVENUE COLUMBIA MD 21046 410 730 5677 10 PROJECT COST INFORMATION The Comprehensive Emergency Management Plan should take approximately six months to complete depending on the time required for Village officials to review and comment on draft plans We estimate that we can perform the services required for this project at a cost of $61,300 00 based on current contract rates This is a time and matenals quote for the deliverables proposed Included in these costs estimates are all related travel expenses and other expenses related to this project All Hands Cost Proposal for Key Biscayne HVA Hours Rate Cost Planners 20 $ 90 $ 1 800 Document Management 40 $ 120 $ 4 800 Project Management 20 $ 140 $ 2 800 Travel and Expense $ 1 500 Sub -Total $ 10,900 CEMP Planners Hours Rate Cost John Snow 60 $ 70 $ 4 200 Peter Smalley 60 $ 90 $ 5 400 Document Management Bobbie 120 $ 120 $ 14 400 Project Management Rick 60 $ 140 $ 8 400 Travel and Expense $ 1 500 Sub -Total $ 33 900 COOP Hours Rate Cost Planners 40 $ 90 $ 3 600 Document Management 60 $ 120 $ 7 200 Project Management 30 $ 140 $ 4 200 Travel and Expense $ 1 500 Sub -Total $ 16 500 TOTAL $ 61 300 7 RESOLUTION NO 2006-14 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SITTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY, RECOMMENDING THE APPROVAL AND ADOPTION OF THE EVALUATION AND APPRAISAL REPORT FOR THE VILLAGE OF KEY BISCAYNE MASTER PLAN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Chapter 163, Part 2, Flonda Statutes and Chapters 9J-5, 9J-11 and 9J-12, Flonda 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 Flonda Legislature intends that local planning be a continuous and ongoing process, and WHEREAS, Section 163 3191, Flonda 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 Apnl 25, 2006, the LPA held an advertised public heanng on the proposed EAR, provided for participation by the public in the process and rendered its recommendations to the Village Council, and NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, SITTING IN ITS CAPACITY AS THE LOCAL PLANNING AGENCY Section 1 Recitals. That the foregoing Recitals are true and correct and are incorporated herein by this reference Section 2 Recommendation That the Village Council, sitting in its capacity as the Local Planning Agency, hereby recommends the approval and adoption of the proposed Evaluation and Appraisal Report, attached as Exhibit "A", to the Village Council of the Village of Key Biscayne, Flonda Section 3 Effective Date That this Resolution shall become effective immediately upon adoption PASSED AND ADOPTED this 25th day of Apnl , 2006 4.0c cla (cv c, ----- MAYOR ROBERT OLDAKOWSKI AT ,,,,i,/au/gr HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICI /4/441 1144A VILLAGE ATTORNEY Client Name 731998701 Ad Number VILLAGE OF KEY BISCAYNE N U) 1` Q) 731998701 Insertion Number CO 9. 9 CO ar co a 0 0 2 4) O N 03 C Q O c 0 o ets N m a) N_ 05 GB 1 THURSDAY APRIL 13 2006 F HURRICANE SEASON States want help readying for storms ■The homela d security Met wa ed states asking fo help preparing for storms that the federal gove mint hould of be o idered that first II a of defense ORLANDO — (AP) — Em rg ncy ffi als from hur t k tt ppeal d to the atio home- land secunty hiefWednesd y f hlpp p gf th upcoming t rm se son, se k mg plan f ythmg fr m cuat rot t pet p o - tech n. Th q t and scored what H m land S cunty Sec- t y M h 1 Ch t ff d scnbed gr t wake p all for st to and local uth r - tie f ll wing the d ast t f Hum ane Katrina. Ch t ff tt d g an al hurr an p par d f O land aid th fed al go mme t hould t b d d th fi tl fdf dumg disasters. B t he aclm wledg d th t part f th K tin b tt d CITY OF HOMESTEAD PUBLIC NOTICF The City of Homestead proposes to adopt the following Ordinances AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER 30 ZONING ARTICLE 1 GENERALLY' SECTION 301 DEFINITIONS TO AMEND AND CREATE DEFINITIONS RELATING TO COMMERCIAL DEVELOPMENT STANDARDS AMENDING ARTICLE R ADMINISTRATION DMSION 2 PROCEDURE FOR ZONING AMENDMENTS SPECIAL EXCEPTION PERMITS PLANNED UNIT DEVELOPMENT SUBMITTAL, AND VARIANCES TO MODIFY THE COMMERCIAL DEVELOPMENT APPLICATION AND REVIEW PROCESS AND TO MODIFY THE UNIFIED SITE PLAN REVIEW PROCESS AS APPUED TO COMMERCIAL DEVELOPMENTS AMENDING ARTICLE IV SUPPLEMENTAL DISTRICT REGULATIONS TO ESTABUSH NEW COMMERCIAL DEVELOPMENT STANDARDS AS DMSION 9 OF THE CITY CODE OF ORDINANCES PROVIDING FOR SEVERABILFIY PROVIDING FOR INCLUSION IN THE CODE PROVIDING FOR CONFLCTS AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER 30 ZONING ARTICLE III DISTRICT REGULATIONS DMSION 12 B-2 RETAIL COMMERCIAL DISTRICT' TO PROVIDE THAT HARDWARE STORES OF 2 000 SQUARE FEET OR MORE IN SIZE SHALL BE A PERMITTED USE IN THE B 2 RETAIL COMMERCIAL DISTRICT AMENDING DIVISION 13 B-3 UBERAL COMMERCIAL DISTRICTS' TO CLARIFY USES PERMITTED PROVIDING FOR SEVERABIUTY PROVIDING FOR INCLUSION IN CODE PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF CHRISTOPHER J BLUNTZER FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 042 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO LIGHT COMMERCIAL USE (LCU) LOCATED AT 140 NE 15TH STREET AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA GRANTING THE REQUEST OF PORTOBELLO ESTATES LLC FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 9 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO MEDIUM DENSITY RESIDENTIAL USE (MRU) LOCATED ALONG THE SOUTH SIDE OF SW 320111 STREET (MOWRY DRIVE) EAST OF SW 162ND AVENUE AND SOUTHEAST OF THE FLORIDA TURNPIKE AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF ROSE SOUTH DADE CORPORATION FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 10 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO LIGHT COMMERCIAL USE (LCU) LOCATED ON THE NORTHWEST CORIVNNEEq R OF SW 326TH STREET (NORTH CANAL DR AND W AS LEGALLY DESCRIBED INS EXHIBIT AVA,,NUE A D PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF ROSE WEST DEVELOPERS CORPORATION FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 10 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO MEDIUM DENSITY RESIDENTIAL USE RU) NORTH OF SW 328TH STREET (NORTH CANALADRTED WEST OF SW 162ND AVENUE, AND SOUTHEAST OF THE FLORIDA TURNPIKE AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE A Pubi Hearing of the City Council on the 1st read rig of the Ordinances II be held Monday April 17 2006 t 710 p.m rid the tad reading on Monday May 1 2006 at 700 pm the City Council Chambers located at 790 N Homestead Boulevard Homestead Florida. Both of these are rig lar scheduled meetings. The proposed Ordinances may be inspected by the public at th office of th City Perk, 790 N Homestead Boulevard Homestead Florida, between the hours at 6'00 m to 5.00 p 01. Monday thin Friday. Interested parties may appear at Me Public fbamg and be head with respect to the proposed Ordinances Persons with disabilities requiring accommodations in order to participate th public tearing should contact the Office of the City Clerk t 790 N Homestead Boulevard, Homestead Florida, telephone number 3051224-4442, not later than one business day prior to such proceed ngs. R perso decides to appeal any decision made by the City Council war respect to any matter considered at meeting or hearing that person wit need record of the proceedings and for such purpose, may need to ensure that verbatim record f the proceedings made which nClides the testimony and evidence pan which the appeal is t be based SHEILA PAUL SHEDD CMC CITY CLERK 1 METRO & STATE Gulf C st would d m ggr f d 1 d readying f the Jun 1 start f th hum ane season. I think m part ar re dt than the s, Ch rt ff t Id The Assoc ted Press. I think th h b great wake- p alt Stat and local ffictal wh met with Chert ff f an hour 1 g discus said th y did t want th F d al Em gency Manageme t Age yt rtake p b ht f th g d mg y respo der But th y urged Ch rt ff t re amp f d al plan t se d aid quickly to disast sites. I think th h 1 1 ng th t w really d t w k aid J hn D e - burg di ect f Maryland mg y m gm t a8'enY The y t m will t w k 1 w 1 m f these. Many f th q t f help boiled d wn t money Ch t ff m tly I t d during th discuss' and did t mmtt y pe f financial aid f st tes local uth nti FEMA and th H m land S cur ty D partm t anti pt revs wing ll st t m ge cy Land cuati plans by Jun Add t Ily H m land M am Herald tom 1 THE MIAMI HERALD S urty t tag t wn re ponse plan and abiht es in fi Gulf Coast rase at m th. Th dep rtm t will am t p-1 1 ffi t se the fed a1 re po se in 13 East C tandGulfC t tt bef re th st rm seaso hit In another d vel pment out fth burn an of th he d fth N t al Hur- n an C t m Miami aid f ec t h dec d d t dd 28th st rm to the record b along 2005 season. Upo forth w f m ths- ld w th ec d th te dd d an unnam d subtropical torm. Th can us t mb fly popped p arly Oct b dmand dar dth Az s, the land has w t f PortugaL Its t p winds reached bo t 52 mph b t t was far fr m nasal t p al w t and w t immedi t ly unted as tropical storm. F ecast dec d d t had t p al har t n t and hould be m hided with m re notable names such as Katrina, Rit and Wilma. Th md tm bumped th t tal fr m wh t h d bee record 27 storms t 28 t direct Max M y field sand W dnesday The Id reco d f 21 t rms was set m 1933. SHARING NATURE'S SECRETS K t P 12 I ft d St pha P 6 fr m th J t For K ds Academy moment Wed ed y t Sec t Wood P k Da Bea h d m ged by H rr VILLAGE OF KEY BISCAYNE Office of the Village Clerk NOTICE OF PUBLIC HEARING OF THE LOCAL PLANNING AGENCY CONSIDERATION OF PROPOSED EVALUATION AND APPRAISAL REPORT FOR THE VILLAGE OF KEY BISCAYNE MASTER PLAN FOR RECOMMENDATION TO THE VILLAGE COUNCIL The Village Council of the Village of Key Biscayne sitting as the Local Planning Agency will hold a public heanng on Tuesday Apnl 25 2006 at 7 00 p m in the Council Chambers located at 560 Crandon Boulevard Key Biscayne Flonda, to consider a proposed Evaluation and Appraisal Report for recommendation to the Village Council A copy of the proposed Evaluation and Appraisal Report may be obtained at Village Hall Office of the Village Clerk 88 W McIntyre Street Suite 220 Key Biscayne Flonda 33149 Interested parties may appear at the public heanngs and be heard with respect to the proposed item In accordance with the Americans 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 Flonda 33149 telephone number (305) 365 5506 not later than two business days pnor to such proceeding Should any person desire to appeal any decision of the Local Planning Agency 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 (FS 286 0105) Conchita H Alvarez CMC Village Clerk urea uruw9niwa tlEAAio fir Fort L derd I h w m W Im b t ecently eope d TANKER TRUCK CRASH Trucker charged with four deaths A tanke tin k do h be harg d with hicular h modem fiery 2005 crash that lulled four people an Ind g th m the and un 1 f W hi gt C p tal hock y star Jeff Halpern. Fl vs F Sanhst ban 33 f H 1 h, turn d himself Wd d y t th Fl d H ghw y P t 1 ff D vt aid FHP Sgt Jam Robmson. The Fl al Oil truck arry mg 9 000 gall ns flue! driven by S t t b rturn d F b ll 2005 amp tth int se h fI t rst t 595 and Fl rid Tumpik crash mg t 2003 F d arrymg th f u t m Th f m lted aluminum guardrails. The victims w re Halpern m th 56 y ld Gl n Halpern f Pot mac Md. he b th 52 y Id Al KI in and ht wif 49 y r- IdDbb KI bth f Ch y Hill N J and Amt Epstein, 83, (Coco t Creek. Records show th t Santiste- banhd ec ed tI t10 traffi citations since 2002. Fl val Oil f Miami ssued t t m t in whi h mpany ff al aid they w baf fled by the charge It said the mpany d pp t d th t the ash bemg tr t d as anything but an accnd t. W beh th t wh all f the facts f this ase are pre - se t d m urt f 1 w San test ban will be vindic ted. COURTS Holocaust museums get settlement money BY JAY WEAVER lwea er@ tarn cm An ar hi f d and and t docum tang the f t f Hu gar J w th H I ust will be st bh h d t museum th U t d St t and I 1 thanks t $500 000 all t fr m th settlm t f M am 1 ss act ase. Th m y will b Ott betw th US H 1oc u t M m nal Museum in W h mgt and Y d Vash m I 1 H loc ust Martyr and H R m mb A thnty A ludg der d th alloc ti last week, based punt plan by 1 wyers fo Hungarian H 1 ust urn d th US go ernm t. Th 1 w wt t mm d from th all g d m h dl gf p 1 p p ty th t b 1 ged Hunganan J w the so -call d Gold T sun. It consisted f about 24 freight ar 1 ded with h al bl 1 w lry rug and paintings th t h d bee st I f m Hungary J w during W ldWar IL Th U.S military took cus- tody fth tram m A stn t th war end. Th wt all g d th t th military m pprop t d he train co te t I settlem t reached last f 11 th US g m 1 greed t p y S25.5 milho bt dmdanylgalhbilty— th gh t did pology h kn wl dg d t mit y ff f Id t dh t U S restitutio l w the Miami Herald CI Nuevo Herald www herald com www elherald com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared OLGA L ARCIA who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami m Dade County, Florida that the attached copy of advertisement was published m sayd A ' newspaper m the issues of -7—#6 ,,,41/22/ c),,e4e. io et, /9 Sez.?, re"( ,„ —7771-10/S 14 Y, "4//-5/612 Affiant further says that the said The Miami Herald is a newspaper published at Miami, m the said Dade County Flonda and that the said newspaper has heretofore been continuously published m said Dade County, Florida each day and has been entered as second class mail matter at the post office m Miami m said Dade County Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that he has neither paid nor promised any person firm or corporation any discount rebate, commission or refund for the purpose of secunng this advertisement for publication m the said newspap - rs(s) Sworn to a subscribed befor me this day of My Commission Expires , 2006 Notary � ti1r 0 ,yo ties T� b'16 t 4 q� le�i�L i6Z `90 �9C (-writ Join it D14617) Expires Oct 0742006 0� Bonded Care 4 � „ �' � Y Atlantic Bonding CO -yin& 1 Client Name 731998701 Ad Number Q) 731998701 Insertion Number Section/Page/Zone Metro And State/B8/Brow 0 CL Q) 0 O T c N m Q) Q Q) O N CO U O qcti O 8B 1 THURSDAY APRIL13 2006 BRO BONITA SPRINGS 10 protesters fired BONITA SPRINGS — (AP) — A t urant ion fir d t l t 10 mpl yee thi w kafte th y fail dt h w pf w k bec use th y w p t t g t immtgratl alp Chart Bohl y o -owner f Rod F hand Fan y Restaurant and Seafood Mar- k t aid all taff m mbe h d air dy be mf rmed tiro gh Spam h and Engle h mm thtiftbydid t sh w pf th ir scheduled hilt M dythywuld 1 se th ir j b Th N pl D ly N w p t d Wednesd y Thy uld ha g ni th m ring d m b ck t w k prot steel m their h t B hl y d I d tand wh t th y ar d mg but they uld h p t t d an th w y and t ac if d good job I h ve business to run. M st f the night kit h taff did t hw p and B hl y aid som d y taff rs h d t wok that night S m f th mpl y wh w fu d had w iced t th t urant f ght m y ar and an d m than $10 an hour he said. Th re was anyo ymgth yw re tgoing t hw p h aid. CITY OF HOMESTEAD PUBLIC NOTICE The City of Homestead proposes to adopt the following Ordinances AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER 30 ZONING ARTICLE I GENERALLY SECTION 301 DEFINITIONS TO AMEND AND CREATE DEFINITIONS RELATING TO COMMERCIAL DEVELOPMENT STANDARDS AMENDING ARTICLE II ADMINISTRATION DMSION 2 PROCEDURE FOR ZONING AMENDMENTS SPECIAL EXCEPTION PERMITS PLANNED UNIT DEVELOPMENT SUBMITTAL, AND VARIANCES TO MODIFY THE COMMERCIAL DEVELOPMENT APP1JCATION AND REVIEW PROCESS AND TO MODIFY THE UNIFIED SITE PLAN REVIEW PROCESS AS APPLIED TO COMMERCIAL DEVELOPMENTS AMENDING ARTICLE N SUPPLEMENTAL DISTRICT REGULATIONS TO ESTABLISH NEW COMMERCIAL DEVELOPMENT STANDARDS AS DIVISION 9 OF THE CITY CODE OF ORDINANCES PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN THE CODE PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER 30 ZONING ARTICLE III DISTRICT REGULATIONS DMSION 12 B-2 RETAIL COMMERCIAL DISTRICT' TO PROVIDE THAT HARDWARE STORES OF 2 000 SQUARE FEET OR MORE IN SIZE SHALL BE A PERMITTED USE IN THE B-2 RETAIL COMMERCIAL DISTRICT AMENDING DNISION 13 B-3 LIBERAL COMMERCIAL DISTRICTS TO CLARIFY USES PERMITTED PROVIDING FOR SEVERABILITY PROVIDING FOR INCLUSION IN CODE PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF CHRISTOPHER J BLUNTZER FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 042 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE p.m TO LIGHT COMMERCIAL USE (LCU) LOCATED AT 140 NE 15TH STREET AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CRY OF HOMESTEAD FLORIDA GRANTING THE REQUEST OF PORTOBELLO ESTATES MC FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 9 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LBW TO MEDIUM DENSITY RESIDENTIAL USE (MRU) LOCATED ALONG THE SOUTH SIDE OF SW 320TH STREET (MOWRY DRIVE) EAST OF SW 162ND AVENUE AND SOUTHEAST OF THE FLORIDA TURNPIKE AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF ROSE SOUTH DADE CORPORATION FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 10 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO LIGHT COMMERCIAL USE (LCU) LOCATED ON THE NORTHWEST CORNERORTH CANAL ryqOF SW 328TH STREET AS LEALL DESCRIBED IN EXHIBIT AND SW 162NDAA,NUEA D PROVIDING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF HOMESTEAD FLORIDA, GRANTING THE REQUEST OF ROSE WEST DEVELOPERS CORPORATION FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 10 0 ACRE SITE FROM LOW DENSITY RESIDENTIAL USE (LRU) TO MEDIUM DENSITY RESIDENTIAL USE (MRU) LOCATED NORTH OF SW 328TH STREET (NORTH ANAL DRIVE) WEST OF SW 162ND AVENUE, AND SOUTHEAST OF THE FLORIDA TURNPIKE AS LEGALLY DESCRIBED IN EXHIBIT A, AND PROVIDING FOR AN EFFECTIVE DATE A Publ Hearing of the City Council on theist reading of the 0rdnances will be held Monday April 17 2008 t 790 p nit the 2nd reading on Monday May 1 2008 at 790 pm i the City Council Chambers located at 790 N Homestead Boulevard Homestead Florida Both of these are regular scheduled meetings. Th proposed Ordinances may be inspected by the public at th office of th City Cork, 790 N Homestead Boulevard Homestead Florida, between the hours d 8.90 m to 590 p m. Monday thin Friday. Interested parties may appear at the PuM Hearing and be head with respect to the proposed Ordinances. Persons with disablltes requid g accommodations I order to participate this publ hearing should contact the Office of the City Clerk 1 790 N Homestead Boulevard Homestead Florida, telephone number (305) 224-4442 not later than one business day prior t itch proceedkgs 1r perso decides to appeal any decision ade by the City Council with respect t any mailer considered at meet ng or hearing that person will need record of the proceedings and, for such purpose may need 1 ensure that verbafi record of the proceed ngs made which ncludes the testimony and evidence non which the appeal t be based SHEILA PAUL SHEDD CMC CITY CLERK FLORIDA M am He ald com 1 THE MIAMI HERALD STATE BUDGET Tax coffers get a $1B boost ■ E o oml t have r.vi .d the' rev u• proj.ctio pwa d ha ding Iawmak• awindfalLTh• quo do I will they wind it or saw, it? BY GARY FINEOUT gfeieou @ laminar d om TALLAHASSEE — A h t real-est t market and co tin ued growth m busines pend mg will gi Fl nd 1 wmak w lu g th t t budg t an un xpect d wi d fall Closet $1 bilk m t pe dmth com gy ar whih tt ff ar alr dy ve fl wmg. St t mit pedicted Wd dythtt 11 t w uld gr w ni th cur retfi alyar— whihwill dJun 30—andtbe eat by $960 mill m th th y had predicted m N embe Legisl t rsalr ady pect d year f sp ding with tax collections surgi g due t th building f 11 wing ght hur and th home apses. L wmak mu t p ew tate budget by M y 5 E bef Wdn dy w t m t l wmak xpectedt pe d aim t $71 b 1 in th b dg t y ar beginning July L Th t alm t $8 b ll m re than in thi yar bd Bet WHERE TO SPEND IT' But the addit f an the $1bll wllb g ddd pre ure during an lect y ar and fu 1 dbt wheth them y h uld be used fo schools, tax cuts t help h meown rs with lasing insurance bills B th Dm t d Republ ans quickly Mined in W do sday what hould be done with th xtr ash. St t Chi f Financial Off T m Gallagher ftwo R pubh ans running f go pe t d his all th t The budget breakdown Last y ar Flond legtsla- t p d $63bl1 b dg t th t red th 12 m tbs through Jun 30 F th 2006 07 budg t y ar wit h will begin July 1 thy p td t p dalm tS71bB Th final am unt will be d t mined by M y 5th 1 td y fth 1 gist t sessi n. Here the budget math. Th $70 b 11 pl budget includes m y col - 1 t d fr m Fl nd taxp y th f m f al tax b t t also fl t fd alm yth tt ec f uhtm t an port ti and M di aid. Th pnmary sour f tat m y is th t t 6 pe t al tax whi h deposited m what is kn wn the st t ge al re e - fund Thi fund also dud m yf m r porate income tax as well st to tax al t t transact' ns The rest f the t t budget is an d pf m y f m th fd al go rnm t hodg podge f th t t tax d m y th t th st t bo own 1 wmak use som f th b dget urplus, project d t alm t $5 bins n, t se the d f t C t P prty Insurance. The state-cre ted insurer f 1 t sort whu h by 1 w an h tfall by ss sing all h meowners in the tat — regardless fwhethe th y ar dbyCu ns — h bee hard hit by th p st tw hurricane seasons. H 1p g C t w uld "Would yon, lila sane conics with yaw mffeer \cthmy the hate ib twabfw Maa The M sea Ikndd Mowed 1 800-441-0444 ,0400411 VILLAGE OF KEY BISCAYNE Office of the Village Clerk NOTICE OF PUBLIC HEARING OF THE LOCAL PLANNING AGENCY CONSIDERATION OF PROPOSED EVALUATION AND APPRAISAL REPORT FOR THE VILLAGE OF KEY BISCAYNE MASTER PLAN FOR RECOMMENDATION TO THE VILLAGE COUNCIL The Village Council of the Village of Key Biscayne sitting as the Local Planning Agency will hold a public heanng on Tuesday Apnl 25 2006 at 7 00 p m in the Council Chambers located at 560 Crandon Boulevard Key Biscayne Flonda, to consider a proposed Evaluation and Appraisal Report for recommendation to the Village Council A copy of the proposed Evaluation and Appraisal Report may be obtained at Village Hall Office of the Village Clerk 88 W McIntyre Street Suite 220 Key Biscayne Flonda 33149 Interested parties may appear at the public heanngs and be heard with respect to the proposed item In accordance with the Americans 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 Flonda 33149 telephone number (305) 365 5506 not later than two business days pnor to such proceeding Should any person desire to appeal any decision of the Local Planning Agency 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 (FS 286 0105) Conchita H Alvarez CMC Village Clerk St t m t W dn sdy stimtdthat Fl nd will h $316 b 1 h in t ge al ue fuddngth mg year $4.8 bilho more than chi fiscal year Th t 548 b11 m 1 d p lecti th t Fl nda will collect $3 9 oil h m in tax dur g th ur tbdgetyar than p eels t d year go plu 5600 milli f the ming budg t year pl 5310 milk in wing Medicaid xpenses. B t the projected verall spe ding increase in lud d m thi yar budg t is R ju t d t m al tax m y Oth so f the larger budget. Lgilt plant borrow m yt spa d p t $11 bills t build w school and 1 sroom d t mply with the st t lass -size reduct constitutional amendment Addit al tax 1 1 t d f m t l ty bill such as electricity and tele- phone services Add t al ue frmgsol t and federal transportatlo aid — GARY FINEOITI' shce some f the higher insu r- an t petted t hit all homeowners in Florida. Thu t bail t f Ctze —thi t 1 f fo Flond homeowners, said Gallagher R p Chr Sm th D F rt Lud dal aid 1gult h uld se th wf u d m yt p y f l d tuns yingRpbh an hdfiledt set d ugh f th equir m t GALLAGHER SMITH imposed by voters m 2002. Th p posed H se bud get has mo than $3 bilk fo I ss- ill reducti th S to budg t ha ughly $2 b 1 h — though Senat R pubh an say thy t d t set sid an ddit al $1 b ll bef re the end f sess n. I t t m t Smith, th Hu Dmoc t 1 d said. "Each year[Repubh awl b k h m f l ttempt to cixcumve t the will f th vot s. Thi year th y hould find the pol t al will Floridians are looking f and take ry penny f thi w m yand p t t d f ducmg the six f Fl nda pubh school lassrooms. PUSH TO SAVE B t some legisl lave le ders said Wedn sd y their top pn tyf th xtr ash would b t av tf th future especially since the state real t t mark t is pect d t ve tually ool ff and return to normal levels f growth. E m t Wd dy warned th t th ir p di t assum soft landing but that they could be wrong. R p bl b dg g requires that we fund not my f t dy but also plan and p par f tmrrw said Rep. Marc R b the Miami R pubh an m hn t bec m House speaker late thi year Add S t P d t T m L t t m t Additi nal re u alw ys good news. I hope that w will be able to deposit the majority fth se ewd liar ni Fl n da savings account. FALSE CLAIMS INVESTIGATION Judge roasts Crist in Convergys case ■ Days aft. Flo Ida' attorney g• oral de hied to take a politically hall•ngl g false -claims a • against a inn • tial ompa y the judge I the ase hasthr•at• .d sa [ions agal st his office fo fail g to follow procedure BY MARC CAPt1TO mcaputo@M m Hen Id om TALLAHASSEE — A pow erful new voice has joined the t q t g th wy Fl d Att y G 1 Charh Cn t h handl d an m hg t t th tat largest CRIST pre t t t t Th j dg th rse. I harplyw ded d 1 d Wdnsdy L C unty C rcuit Judge Thoma H B t man d mand d th c C t ff 1 ly how 'why thi court hould t impose ant against t b th ff impeding ht manag me t f th se H also aid C t ff has d tit g t mply with Fl d l w urt rul egardmg false hum m t g t t th gl bal firm Co rgys. C rgys w nine-year 5350 milli human- sourc co tract from the stat m 2002 ththa ldt bdp bh ty t t t ubl lax secur ty and an d tity th ft rr t Th hart f tht w ase gain t C ve gy The mpany all gedly m d false laims that t could confi h t Ily and mp t tly t ah and mp t t t mpl y pe 1 eco ds. Th se b g wh C gy wh tl bl w fil d th false -claim 1 wsnit th t pe suaded Cns ffice t nit ry B tj [alt C t gr d t p se th as br ff failed t f ll w th p pe urtp ocedur ve wh t docum t t fl and when, di g t tw rul mgs issued by Bateman. Th j dg t d un sual m by C t th decal to fil wh t the judge ailed an alleged mergen y moti t unseal conf d t al oust recd ds S turday A county judge w king th weeke d unfamil ar with th se sued ruling t make the reco 4s public B te- man t d m an Apnl 5 dec 5100. A poke w man f C t said th ff w f ll wing pp p oc dur and d ag eed with B t man ce ns, but th t t would b d by whatever he requests C gy w tt states t, said t had commit ted wr gd mg h dm t t tractual bhgat and had strong customer satisf c - do results. But th mp y h rece ved unfl ttenng atte tso f 11 rvi g highp fil t u bl l ding Dec mbe dit that f and lax secur ty nfd t al d f t t mpl y lud g Crest and Go J b Bush. Nwth trobl fC rgys ha bec me th tro bl f Cn t, wh th fro t runn m th f g Cnst poluti al ppo is ar tryi g defin him d th g bhld t magi corporation. L t m th D moc t bashed th R p bh an tt ney g ne al whe he declm d t take p anothe false -claims mvestigatt into Co rgys sub t t tht llgdly all w dw k I di t vi w the conf de t al ds f many 100 000 t t workers Wh tl bl w S m McDowell filed an ethi com plaint allgt gC tw t ggr ly purs g C gy bec use t p 1 bbyt t f the company was also an dvi so f Cn t ampaign. Cn t dismissed th complaint Pillage of Bev Biscayne Master Plan Evaluation and Appraisal Report Prepared with the assistance of Wallace Roberts & Todd, RC 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 Ennque 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 Village Council Adoption Resolution Executive Summary 1 3 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 1 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 1 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 1 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 ll), F S 136 c Rule Chapter 9J-5, F A C 162 d Strategic Regional Policy Plan for South Florida 165 6 Conclusions and Recommendations Wallace Roberts & Todd, LLC 11 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 111 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 , 2006 A copy of Or s being sent to Department of Community Affairs Florida Department Transportation DiAr South Florida Water Manageme Florida De rtment of Ergo Florida _ ent o Flora Flop These packa questions regarding g y Withrow Jud Kurlan Key Biscayne' �1 f Building Planning and Zoning 88 West McIntyre Street Key Biscayne FL 33149 Tel 305 365 8908 Fax 305 365 5556 VKBBZPaaol com cne tt ly with this transmittal to your agency If you have ontact me or our consultants Silvia Vargas or Lindsey 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 wrtdesiqn com svargas(ccq wrtdesiqn 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 Court II,j 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 �; 8 op the sent to Florida Department Trarpo ii Sog Reg '1 n t t So Florida These pa questions to Tote dtion ri I Preservati6n a(e Fish Commission 'culture ed EAR is being eing sent simultaneously with this transmittal to your agency If you have g 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 c(�,aol 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@cq wrtdesign com svargas(cr�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 Wallace Roberts & Todd, LLC 2 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Village Council Adoption Resolution [to be inserted] Wallace Roberts & Todd, LLC 3 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 Wallace Roberts & Todd, LLC 4 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 5 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • 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 - Interiocal 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 Wallace Roberts & Todd, LLC 6 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 ' Land area covers 1 28 square miles water area covers 0 12 square miles with a total incorporated area of 1 39 square miles Wallace Roberts & Todd, LLC 7 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Mackle 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 Wallace Roberts & Todd, LLC 8 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 9 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 10 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 11 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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) 9 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? Wallace Roberts & Todd, LLC 12 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 barner 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 Wallace Roberts & Todd, LLC 13 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 spirt 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 Tong -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 Wallace Roberts & Todd, LLC 14 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 15 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 16 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 17 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • 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 Wallace Roberts & Todd LLC 18 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 19 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • 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 Wallace Roberts & Todd, LLC 20 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 21 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 cntical 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 Wallace Roberts & Todd, LLC 22 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN It is noteworthy that, as recently as 1980 there was no majonty 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 majonty (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 772121 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 US —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 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 Wallace Roberts & Todd, LLC 23 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Change Change Change Change Change Remaining Population 1990-00 2000-03 2000-10 2010-15 2015-20 2020-25 Capacity 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 ource Miarns' Dade County Department of Plann ng 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 703114 2 858184 3 019 785 Increase 89189 208 732 151 831 155 070 161 601 Percent Increase — 3 9% 8 9% 5 9% 5 7% 5 7% ource 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 Wallace Roberts & Todd, LLC 24 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 25 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 26 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 ource 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 Wallace Roberts & Todd, LLC 27 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 28 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 12 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 Wallace Roberts & Todd, LLC 29 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN analysis utilized the concept of level of service as the measure of traffic performance Pursuant to classifications determined by the Florida Department of Transportation 7 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 Sewered Areas Sanitary Sewers in Unsewered Areas** Potable Water Not to exceed 98% of County treatment system's rated capacity Average sewage generation standard of 140 gallons per capita per day 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 Ibs per sq inch at property line and average 280 gallons per capita per day 7 Source FDOT Quality/Level of Service Handbook November 2002 p 129 Wallace Roberts & Todd LLC 30 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN **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 Capacity (MGD) 1995 427 60 2000 454 77 2005 495 03 2010 520 03 2015 563 03 2020 563 03 102 Pct Of Max Day Demand (MGD) for the Preceding Year 396 78 399 13 451 55 487 36 517 34 547 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 Wallace Roberts & Todd, LLC 31 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 32 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Ibs 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 g 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 Wallace Roberts & Todd, LLC 33 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd LLC 34 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Flonda 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 Wallace Roberts & Todd, LLC 35 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN areas have impaired property nghts 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 nghts Wallace Roberts & Todd, LLC 36 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 37 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 111111 Waterfront Rec and Open Space mg Public Rec and Open Space Dune Restoration Area Pedestrian Bicycle Way Multi-Fam -Ocean Resort Hotel Two-Fam Residential Multi-Fam -Low Density ;r;r, Multi Fam Med Density Multi-Fam -High Density Single Fam -Low Density Single Fam -Med Density MIN Public -Institutional MB Commercial MI Office IIIRFAMUDOP fitL'§'.S:SiF 1 400 ernaasom 700 0 1 400 Feet R I r CI Key Biscayne Master Plan Evaluation & Appraisal Report Wallace Roberts & Todd, LLC 38 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Figure 2 Key Biscayne Zoning Map Village Zoning all Public Rec and Open Space (PROS) Parks and Recreation County and State Parks mgLow Intensity Commenciai (C-1) 11111 Low Intensity Office (0-1) agi institutional (1) Government Use (GU) Private Club (PC) am Hotel Resort (HR) Village Residential (VR) 1 Village Estate (VE) Island Residential (IR) imuf Parkside Residential (PR) ' y' Res Multi -10 (RM-10) 1111 Res Multi 16 (RM-16) Y gig Res Multi -30 (RM-30) /44 PUD-1 PUD 2 111111 PUD-3 rr r, zutit.1 r T1nrtx■ 1 -r-., I; ^ 1 400 700 0 1 400 Feet Key Biscayne Master Plan Evaluation & Appraisal Report Wallace Roberts & Todd, LLC 39 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN (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 Wallace Roberts & Todd, LLC 40 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 41 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goals Objectives and Policies Policy 1 1 1 Policy 1 12 Policy 1 1 3 Policy 1 14 Policy 121 Element FUTURE LAND USE Achieve desired community character: Key Biscayne should he a residential community. Development policies should protect residential character. Future residential development should le at the fewest densities consistent with protection of reasonable property rights. Hotels should ke permitted in order to 'revile ocean access opportunities and respect an established land use pattern; however, they should ke molest in size se as to not overpower the community's residential character. Other commercial development should he sized to meet the needs of residents and hotet guests. Office development should ke limited to the minimum amount practical in light of existing development patterns. By statutory deadline or sooner enact and enforce land development code consistent with the Future Land Use Map (FLUM) Unlit adoption of a Land Development Code (LDC) regulate development according to the FLUM including specified land uses densities and intensities By statutory deadline or sooner enact and enforce provisions governing subdivisions signs and floodplain protection consistent with the Master Plan (MP) Subdivision regulations Sign regulations Floodp/arn pmtecbon provisions Establish a street tree master plan 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 All new development renovated development and redevelopment consistent with FLUM Sign regulations Landscaping requirements Parking requirements Protect and enhance the residential, commercial, resort, and natural resource areas of the Village. Implementation Status 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 districts were amended on 10/24/00 and 5/9/00 respectively to be made consistent with the Master Plan Implemented Implemented See below Implemented VKB uses the Cou ty s subdivision 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 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 Implemented Humcanes Katnna and Wilma damaged many of the trees planted as part of the Village s Street Tree Plan Implemented See below 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 distncts were amended on 10/24/00 and 5/9/00 respectively to make the LDC consistent with the MP 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 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 Implemented Onginally based on County code Parking Regulations were amended on 5/9/00 to meet the needs of the VKB _ .___._. ___ _ . .... _-..,: _......._. ,.�,.-._-v.w-r..v...:rr -�sr.:.a+artv-c. - '.r-, je.yF.. .. ,nj•.>: .:, ._--.". Policy 2 1 1 Cooperate with Cou ty to complete financial and engineenng plan for sanitary sewer In progress Re -designed along w Ih eptacement for H201 nes Project extensio completed and goal to be met by 2008 Land Development Code reference Ordinances Section 28 Signs Ordinances 30 100(d) Wallace Roberts & Todd, LLC 42 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 2 12 Policy 2 21 Policy 2 2 2 Policy 2 23 Policy 23 1 Policy 2 3 2 Policy 241 Policy 24 2 Policy 2.51 Policy 2 5 2 Policy 2 61 Policy 2 7 1 Complete plan by 1998 Begin implementation as soo as poss ble to complete mplementabon by 2008 Enact and enforce installation requ rements to en ure effect e funct oning of septic and drain fields Enforce flood damage prevention regulations to ensure that new development occurs at appropnate elevations to m n m ze flood impact By statutory deadline or sooner enact and enfo ce provisions regarding on site drainage detention runoff eros on m n mum pervious open space swale maintenance and drainage level -of service (LOS) standards Enact concurrency management system for development permits that meets 9J 5 0055 for infrastructure recreation and traff c By statutory deadline or sooner enact and enforce prov s ons egardmg on site drainage detention runoff erosion minimum pervious open space swale maintenance and drainage level of service standards Regulate development according to the FLUM and consistent with Interagency Hazard Mingatron Team Report FEMA 955 DR FL 1992 Annually assess population densities and transmit significant changes to MDC OEM By statutory deadline or sooner enact and enforce land development code provisions for sewer and stormwaler facilities Do not vacate road nghts-of way (ROW) without first determm ng that the ROW is not necessary to accommodate future storm and/or san tary sewer facil l es Attempt to ma nta and mpro e water qual ly of B scay e Bay by mplement ng DMP replacing septic tanks with san tary sewe s land de etopment code provisions fo on site sto mwate decent on and ma a pump out fa il l es a d coordination w th Biscayne Bay Shore! ne De etop e 1 Re ew Comm (lee In progress In progress Implemented Based on DERM requirements Implemented ongoing Implemented ongoing Implemented Activate stonnwater utility assessment based on Drainage Master Plan (DMP) by 1998 and update DMP as necessary n accordance with Objectrve 1 4 of the Infrastructure Element Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing NSFR reported monthly to Census Bureau Implemented Designate cand dates for histo c p eservat on and draft a strategy fo p eserval on of some Of all of these structu es Not implemented Ordinances 30-230(f) 10-61 (10) 30-80(f) (6) h2 Ordinances 30-230(f) 10- 61 (10) 30-80(f) (6) f 30 80(f) (6) h2 16-64(c) 30-100 30-181(g) 30-80(g) (6) Implemented ongoing Ordinances Chapter 29 30 80(g) (4) 30-163 In progress Septic tanks are in the process of being replaced with sanitary sewers and new water pipes The Village is in the grant raising phase of the protect Ordinances 30- 100(f) (3) a 4 30 100(f) (3) a 5 Wallace Roberts & Todd LLC 43 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 44 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN (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(0(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(0(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 Tots 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 Wallace Roberts & Todd, LLC 45 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Pokey 1 1 1 Policy 1 12 Policy 1 1 3 Policy 1 21 Policy 141 Policy 14 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. Regulate timing of development it maintain at least peak hour level of service standards for artenals (LOS E ) collectors (LOS B ) and local service streets (LOS A ) 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 Use future land use and zoning maps to limit commercial and office development to artenal frontage and Harbor Dnve collector street frontage from Femwood Road to Crandon Boulevard except for ocean resorts Work with MDC Planning Department and Metropolitan Planning Organization to limit intensity of development on Causeway and Crandon Boulevard m order to maintain an adequate traffic level of service Use LDC to prohibit ROW encroachments through setback requirements Use LDC standards and LDC review process to reduce number and width of exish curb cuts on Crandon and Harbor by 10 / Implemented ongoing Density limited by ordinance to current level Implemented ongoing Ongrnally based on County standards parking regulations on 519/00 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 Dnve is in the design phase of receiving new sidewalks striping and paving Partially Implemented Only 2 properties do not front Crandon 21 and 51 Crandon Drive they front Harbor Dnve Implemented ongoing Adopted Virginia Key and Calusa Park agreements Implemented Implemented See above Objective 14 Policy 151 Complete bike pedestrian and streetscape plan for Harbor Dnve Femwood Road Implemented Complete by 2005 and West Mashta Drive by 1999 Include these streets and West Wood Dnve in a speed control planning and implementation plan Policy 1 5 2 Achieve first phase implementation of this plan on Harbor Dnve by 2004 Implemented Ordinances 30-100(f) (4) c 30-100(f) (4) d Ordinances 30 181(n) Wallace Roberts & Todd, LLC 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) Wallace Roberts & Todd, LLC 47 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goat 1 Policy 1 1 1 Group Homes Accommodate as mat small g oup homes and foste ca e fac I 1 es as poss ble es dent al areas Policy 1 1 2 Policy 1 21 By statutory deadline o soo e permit group homes and foste ca e fac I ties w th consideration to humcane evacuat on constraints N t mplemented Policy 1 31 The Village Manager shall e force County m imum hous ng standards code or appropnale modif ed code enacted by Counc I Implemented ongorng The County s codes are used Policy 1 3 2 Policy 141 Communicate with private and non profit hous ng agencies to assure that Vi lage policy information flows to hous ng prov de s Policy 1 4 2 Policy 1 51 Designate candidates for h stonc preservat on based on age arch lecture and function and draft a preservabo strategy Not implemented See above Object' e 1 5 Policy 1 61 Village manager or designee will nfo m V Ilage Counc I of appropr ale act ons that encourage the p o is on of adequate s les fo aHo dable hous ng n nearby communities w th land val es thal can eas nably accommodate such ho s g In p ogress Policy 1 71 Policy 1 7 2 HOUSING To assure the availabilhty if o sfauni � yirsitlNF �iailsin� atrck;m Iiscayne. le valkiiivate #cteriotqa et sf ?awe * r Vacatyt resttlerhta iyrteitt male t areas akdttn Period catty rev ew perm It ng a d egulalory processes the LDC to e su e p ompl and profess onal de el pme t pe m 11 g p ocess Use LDC setback/bulk standards a d DMP to ass re stab) esidential neighborhoods Cooperate with any developer us g County o othe subs dy mechan sms tclm]1toVentent of Existing Housing Achieve and rt�`g rldltdbteve p?il(ata t'eittvestmeni to sttuotyratlpti , t 0`e kt5hng ttoustng units Vigorously enfo ce the ex st ng code to su e o hous g b c mes s bsla da d By statutory deadl e o 0o e act e t() ce LDC egutal o fo b Id g height selba k a d the gulal o Ili I fa Hai a 15 1 Ily pl as o pg ad s to ex st ng ho o stock GbWe%. MtarereUstaes0AiacarttApe EteflIeliast ittaK Waal* stte4 oa eteiopdd as sail-100 /er>a /e4411.9430K410agsed withifIT tkiS0 Wats Implemented E sl ng m xed dens ty east of Crando Boule a d G and Bay SF R a d Ocea Club MF R zo ng d st cts added to LDC lmpleme led The V Ilage o g natty used F lemake P o ma ual perm 1 system and had o p 1711 t me sched le How ve t co eded to Perm is PI s lo pgr de p ocess rig a d establ shed a I mel e fo perm l poes a Implement d 0 g ally based on County code o d nances decreas ng FAR and cre s g sideyards for SF R were adopted on 10124/00 Not implemented The V Ilage has not communicated with any non p ofit hous g agencies Implemented ongoing No de elope has called to date but fo e d d the V Ilage would be w II rig to cooperate trttptemented ongoing Tha number Of renovated Mackeiihomes gteify'axceeds,50 l Impleme ted ngo ng Impl mented 0 g ally ba ed o Co ly cod VKB d a ce a e e f red at sr al po ( f eq dal ^n 1 m 11 a d e 51 t mplel Ord na ces 30 100(e) 0 d a es 30 100(e) Wallace Roberts & Todd LLC 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 a 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 Wallace Roberts & Todd, LLC 49 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN all Policy 1 1 1 Activate the stone water utility assessment as a basis for bonding for the first phase Implemented ongorng of drainage plan implementation by 1998 Update DMP as needed to ensure efficacy and upgrade of stone sewer system as outlined n Objective 1 1 above INFRASTRUCTURE To provide and maintain the public infrastructure in a manner that will insure itay water quality, and public health, safety, and quality of life for Key Biscayne residents. Policy 1 1 2 Mitigate direct stormwater outfalls as technically and economically feasible into Biscayne Bay and canals to meet standards set forth in Objective 1 1 above Implemented ongorng Policy 1 1 3 By statutory deadline or sooner enact and enforce provisions regarding on site drainage detention runoff erosion minimum pervious open space swale maintenance and dra nage level -of service standards n order to meet requi ements as outlined by Objective 1 1 above Implemented ongorng Ongmally 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 Ordinances 30-230(0 10 61 (10) 30-80(0 (6)1 30- 80(f) (6) h 2 16-64(c) 30 100 30 181(g) 30-80(g) (6) Policy 1 21 Complete financial and engineenng feasibility plan to extend sanitary sewers to unsewered areas by 1998 and complete implementation by 2008 In progress Policy 1 2 2 Policy 1 31 Cooperate with State of Flonda Health and Rehabilitative Services (FHRS) and Implemented MDC Department of Environmental Resources Management (DERM) to ensure effective functioning of septic tanks and dram fields Assess cost-effectiveness of replacing County collection system with one or more Implemented pnvate systems by 1996 Policy 1 3 2 Initiate recommended changes n the solid waste collection and recycling system by Implemented 1999 Policy 1 41 Sewered Areas County wide maximum day flow' of preceding year shall not Implemented ongorng exceed 98 / of County Treatment systems rated capacity The sewage generation standard shall be 140 average gallons per capita per day Policy 1 4 2 Unsewered Areas The LOS shall be receipt of a DERM septic tank permit Implemented ongorng Policy 1 4 3 Potable Water County wide maximum day flow of preceding year shall not Implemented exceed 98 / of County treatment systems rated capacity Minimum pressure of 20 lbsJsq in at property line and consumption standard of 280 avg gallons/capita/day ongorng Policy 1 4 4 Drainage Nonresidential development and redevelopment accommodate runoff to Implemented 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 ongoing Policy 1 4 5 Solid Waste County sol d waste disposal system maintains a minimum of fve In progress ongorng years capacity using a generation rate of 5 2 pounds per person per day Policy 1 51 By statutory deadline or sooner enact and enforce LDC regulations including water Implemented conservation based mgat on water onservat on based plant species lawn watenng restrictions mandatory use of ult a low volume water sav ng devices for substantial rehabilitation and new constriction and other water conservat on measures as feasible ongoing Ordinances 8-100 8-108 30 230(a) 30-232 30 234 Policy 1 5 2 Promote educat on programs that d scou age waste and conserve potable water Implemented ongorng Policy 1 5 3 Cooperate with MDC Water and Sewe Authonty (WASA) to dev se a wale tracking Implemented ongorng consumption separate from custome b flings or othe sou ces Policy 1 5 4 Cooperate w th WASA efforts to ensure the potable water distnbut syst m shall Implemented ongoing reduce water loss to less tha 16 / of the wate enter ng the system Wallace Roberts & Todd, LLC 50 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN e 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(0 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, Wallace Roberts & Todd, LLC 51 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) Distr ct Section 30-100(b) Development Regulations Section 30-100(e) Setback Regulations (minimum) Section 30-100(f)(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 Wallace Roberts & Todd, LLC 52 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 Wallace Roberts & Todd, LLC 53 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Gal 1 Policy 1 1 1 Policy 1 1 2 Policy 12 2 Policy 1 2 3 Policy 1 3 2 Policy 141 Pdicy 14 2 Policy 151 Policy 16 1 CONSERVATION AND COASTAL MANAGEMENT (Conservation aner Coastal Management goals, objectives and policies are combined iiecause they are cornplinicntary. ) To preserve ani enhance the significant natural feature in Key Uiscayni. Maintain compliance with t aff c LOS sla dad ther by a o d g onges( on that would adversely impact air qual ty Control emiss ons f om all hazardous waste fa I t es to comply w th Lowest Achievable Emissio Rates cl d ng apo con( I systems to cont of hyd oca b n emissions at gas static) s Policy 1 2 1 Based on capital cost implications of DMP act ate the stormwater ut I ty assessment as a basis for bonding by 1998 Update DMP to upgrade storm sewer system to meet standards of Object ve 1 1 of the Infrastructure Eleme I By statutory deadline o sooner enact and enforce LDC prov sions regarding detent on runoff eros on control pery ous open space m n mums swales dra age LOS beach dune protection and other land protect o measu es Refer any development perm l applicat ons for storage of hazardous wa to to MDC Policy 1 3 1 By statutory deadline or sooner enact and enforce estuarine waterfront protection provisions in the LDC in accordanc with state of Flonda Department of Environmental Protection (FDEP) and waterfront policies of DERM Contact DERM if any adverse mpact is observed petal ve to the I m ted sea grass beds in adjacent Bay waters Vtllage police will report speeding violations n manatee protection a eas to County and State manne pot ce and publ cize the MDC manatee telephone hotl ne to the public By statutory deadline or soo e enact a d enfo ce land de elopment pro sio s to minimize light on beach areas where sea turtles nest Enact and enforce and emergency water con ervat o based o So th Flo da Water Management Dstrct (SFWMD) model ord a ce a d equ eme I Implemented ongoing Crandon Boulevard improvements and plans for Harbor D e at the Village entrance have addressed congestion and a r qual ty ssues Implemented ongoing Through intergovernmental coordination the V Ilage s pports M am Dade County s efforts to improve air quality Implemented Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing Implemented ongoing Village Manager shall design and promulgate specific management techniques to ensure effective enforcement of FEMA regulat ons Flood damage prevention regulations shall be enforced by the Village Implemented ongoing Implemented ngo ng Ordinances 10-23(1) 10 61(10) 10-63(7) 30- 80(0 (6) f 30-80(f) (9) e 30- 100(b) 30-102(e) 30 100(0 (11) 30 102(g) 6 30 160 30 230(f) 30 235 (0 Ordinances 10-44(d) (5) 10 63(7) 30 107(d) (8) Wallace Roberts & Todd LLC 54 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 1 7 1 Cooperate with US Any 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(1)(3) Docks and Moonng Piles It regulated docking facilities within single family distncts so as to prevent projects detnmental to the equitable safe and adequate navigation of all waterways in the Village Policy 17 2 Limit permits (within Village junsdiction) 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 17 3 By statutory deadline or sooner enact and enforce LDC provisions requinng minimum budding setbacks from the ocean Prevent encroachment on beach front according to the Dune Restoration Area of the FLUM 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 Of 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 17 5 Prohibit deposit of solid waste or industrial waste that create a health or environmental hazard In progress Policy 17 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/BM Baggs is officially recognized as a bird sanctuary Pdicy 1 7 7 Require all new shoreline development affecting manne habitats to be reviewed by DERM Implemented ongoing The Village has received preliminary approval by DERM Policy 17 8 Give preference to salt tolerant landscaping over traditional matenals 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 T 9 Prohibit and require eradication of invasive species on all sites of new and redevelopment projects Implemented The Village used County regulabons to address invasive species but has amended its onimances to meet local needs On 5/9/00 the Village adopted and has subsequently enforced six regulations to respond to this issue Policy 1710 Coordinate with County and FDEP in monitonng 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 1711 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 dnve for the beaches and shorelines Implemented ongoing The Village has created a volunteer beach dean -up program that coincides with a nabonal annual coastal dean -up effort Policy 1713 Enact and enforce an emergency water conservation plan through a water shortage ordinance consistent with SFWMD In progress Policy 17 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 Policy 21 1 yy r-i lip *conserve and manage the environmental resources and man-made uses in' he coastal area et Key Biscayne. l ii _ - By statutory deadline or sooner enact and enforce zoning distracts based on Multi- family Residential Ocean Resort Hotel Waterfront Recreation and Open Space Land Use Plan categones and consistent with density limits in the FLUM ,i1,, - - - 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 Distnd 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 distracts permitted Beach Park public access Policy 21 2 New water -dependent uses shall meet specified cntena 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 Wallace Roberts & Todd, LLC 55 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 2 2 2 Policy 2 2 3 Policy 2 51 Policy 2 5 2 Goal 3 Policy 31 2 Policy 3 21 Maintain traffic LOS based o FLUM to ach eve a reasonable hurr cane evacuation time Implemented ongoing Policy 3 2 2 By statutory dead) ne o soo e e act and e fo ce d ne de etopme l a d vegetation requirements as part of the LDC n conjunct on w th any new beachfront development and rede elopment Evaluate the need for and effcacy of alternate fnanc ng methods for beach renounshment and dune development by 1996 Policy 2 31 Enforce an existing development agreement with a pnvate property owner to provide beach access open to the general pubt c Implemented The Village has an agreement on an easement with the Grand Bay Resod In progress Sanitary sewer project will be completed by 2008 Contribute to the improveme t of B scayne Bay through implementation of DMP replacing sept c tanks with sanitary sewers tied into the County system and/or upgrading of septic tank and drainfield standards mandating on site stormwater detention and marina siting standards according to Infrastructure Element and this Element Contnbute to the improvement of Biscayne Bay water quality through cooperation and consultation wrth the Biscayne Bay Shoreline Development Review comm ttee FDEP and the NPS To minimize human and property loss due to hurricanes. Policy 311 Limit funding of public infrastructure expansion if the effect is a direct subsidy to a specific pnvate development in the Village Implemented ongoing The Village does not subsidize pnvate development it pays for its own infrastructure needs Objective 3 1 and Policy 3 1 1 should not preclude plans to extend sewer lines improve drainage faciht es or reconf gurat on of sl eels to pro de adequate infrastructure to serve F ture Land Use Plan de elopment or prior vested development nghts Prepare a h mca e eme gency pia by 1995 ba ed o the Hu ca e And ew expenence a d n co cert w th 1991 C my Emergen y Ope al o Pia and 1991 US COE hurncane e acuat o study Policy 2 2 1 By statutory dead) ne or soo e enact and e force m n mum oceanfront setbacks ncluding protect on of the p opos d du e system as part of the LDC Implemented ongoing 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 Accord ng to the M D EAR Key Biscayne had 63 6 acres of beach estored Policy 2 41 Designate candidates for h stonc preservat on 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 Not implemented Implemented Implemented I June 2001 the Hurncane I formal on Ma ual was adopted order to assist Village residents to plan and prepa e fo a humcane and its aftermath Ordinances 30-100 30-103 Ordinances 1063(7) 30 80(f) (9) e 30 102(g) 6 30 107(d) (8) 56 Wallace Roberts & Todd LLC 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 Humcane 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 dunng post -disaster redevelopment the Building Department will distinguish between actions needed to promote public health and safety with immediate clean up and long term repair activities and redevelopment areas In progress Policy 3 3 3 Dunng 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 inappropnate uses identified in recovery phase will be eliminated as opportunities anse Implemented ' - . ,. .. Policy - 1 Jill l IIfl w 11 I . • :. :.: P concurrency system phased i - . - y 3 41 Implement management with capital improvement schedule to achieve and maintain LOS standards concurrent with the impact of development Implemented ongoing V', Policy 1 1=: 1 r .th"'f ,.I'P:1 T t q;1;li;il t b• 1 . � .. ,�_ -I•; - . - - _ 35 By statutory deadline or sooner enact and enforce LDC provisions requiring minimum setbacks from the ocean and compliance with the CCCL regulations Implemented ongoing Ordinances 30-100(e) Policy 3 52 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 Implemented ongoing Policy 3 5 3 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 Implemented ongoing Ordinances 30-230(f) 10 61(10) 10-42(f) 10-42(h) Policy 3 5 4 Monitor changes to and recommend County Emergency Operations Plan (EOP) hazard mitigation reports as basis for amending MP and LDC as appropnate Not Implemented Zoning in the LDC reflects the MP Policy 3 5 5 Reduce permitted population densities according to FLUM to coordinate with 1991 MDC EOP (local) and lower Southeast Florida Humcane Evacuation Plan (regional) Not Implemented The Village is maintaining levels but not reducing them Policy 3 5 6 Limit funding of public infrastructure expansion if the effect is a direct subsidy to a specific pnvate development in the Village Implemented ongoing Policy 3 61 B statut deadline or sooner enact Implemented, y ory and enforce LDC standards to conform with _ .. ongoing Ordinances flood damage prevention regulations outlined by Conservation and Coastal Management Policy 3 5 2 9 g 10-63 Wallace Roberts & Todd, LLC 57 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 explonng 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 Wallace Roberts & Todd, LLC 58 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 1 1 1 Policy 1 21 Policy 1 31 Policy 1 3 2 Policy 1 3 3 Policy 1 3 4 Policy 13 5 Policy 14 2 Policy 1 51 RECREATION AND OPEN SPACE Provide a desirable level of public recreation and open space facilities together with supplemental private recreation and open space facilities. Enforce an existing development agreement with a pnvate property owner to provide Implemented ongoing The Village offers FAR incentives for offenng beach access open to the general public as a condition for development approval beach access easements Seek pint use agreement with School Board to assure resident access to the schoors 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 (concurrencylLOS 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 mpiementation plan 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 compnsed of resident volunteers is in the process of pnonbzing the projects based and estimating costs Explore a recreation impact fee to help finance acquisitions and improvements by Not implemented 1994 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 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 the plan described in Policy 1 3 3 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 rt 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 dlstnct 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 30 100(b) 30- 100(e) Ordinances 30-108 Wallace Roberts & Todd, LLC 59 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 Wallace Roberts & Todd LLC 60 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goal 1 Policy 1 1 1 INTERGOVERNMENTAL COORDINATION To maintain or estaNish processes to assure coordination with other governmental entities where necessary to implement this plan, Monitor the MDC Comprehensive Plan process as County Plan is updated and revised in conjunction with its Evaluation and Appraisal Review (EAR) Implemented ongorng 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 Policy 1 12 Maintain active dialogue with School Board staff concerning any Village elementary school plans Implemented ongoing Policy 1 13 Use informal mediation process of SFRPC to resolve annexation and other conflicts with other govemmental entities Obsolete The Vdlage has not attempted to annex any land nor does it foresee doing so Policy 1 14 Review and compare proposed development in City of Miami and MDC with proposed development of Village Comprehensive Plan and where appropnate respond at public heanngs through memoranda or through the SFRPC mediation process Implemented ongoing 1 1 1, , ) fir. l' .. I Policy 121 Consider and attempt to consummate the following mtedocal agreements by 1999 Extension of Sewers Coordinate and cooperate with appropnate County agencies In progress Solid Waste Disposal Coordinate and cooperate with County Solid Waste Management Department Implemented ongoing Lease of Calusa Park Village maintains park to benefit all County residents and meet Village recreation LOS Partially implemented Lease of Virginia Key Site(s) for Recreation Village commits to devekop and maintain sites to meet Village recreation LOS Implemented The Village is a member of the Virginia Key Master Plan Committee which is guiding the development of Virginia Key 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) Not implemented Although the Wage 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 Vdlage Lake and Beachfront Parks St Agnes fields) and has some prospects (Key Biscayne Presbyter Bill Baggs State Park Agreement with FDEP to provide play fields to meet Village recreation LOS (requires that Village petition state govemment agency to modify its current plan for Bill Baggs State Park) Not implemented The agreement was rejected by the legislature Key Biscayne Elementary School Make playground available for Village use Implemented The Village maintains the property in exchange for its use dunng certain hours Crandon Boulevard Improved streetscape Implemented ongoing The Crandon Boulevard Master Plan is in Phase II of constriction Policy 12 2 Maintain dialogue with Metro -Dade Planning Dept and other County agencies relative to limiting land use intensity 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 Policy 1 2 3 Assist in providing information regarding services such as waste water sewers transit and humcane response to residents In progress Policy 1 2 4 Improve Biscayne Bay water quality by the following In progress implementation of Master Drainage Plan In progress Replacement of septic tanks with sanitary sewers tied into County system In progress Mandating on site stormwater detention Implemented Ordinances specify the retention of runoff on site Manna siting standards Implemented Policy 12 5 Improve Biscayne Bay water quality by coordination with BBSDRC FDEP and Implemented ongoing �,� i .. . . L r J t fir, l 1•.. I 14y. t yt t �U -'S Irt( -; 7 .; t 11-, ,; 1. f J t t 4 Policy 13 1 standards Monitor changes to LOS standards of Metro -Dade County and adjust own LOS accordingly In progress Wallace Roberts & Todd, LLC 61 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, Obtectives, 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 Wallace Roberts & Todd LLC 62 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Goal 1 Policy 1 1 1 CAPITAL IMPROVEMENTS To undertake capital Improvements necessary to provide adeIuate infrastructure anti a high quality of life, within sound fiscal practices. 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 12 Capital improvement program to include drainage facility program based on 1993 DMP Implemented Policy 1 13 Public safety quality of life LOS redevelopment and Biscayne Bay enhancement projects will be used as cntena for setting pnonties that include financial feasibility or budget impact assessments Partially Implemented The Village does not enhance Biscayne Bay because it is the County's responsibility Policy 1 14 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 Implemented ongoing The Village does this as part of its Capital Improvement Budget Policy 1 15 Policy 121 Pursue a prudent policy in terms of borrowing for capital improvements or other purposes Maintain the following peak four LOS standards Implemented ongoing Streets Regulate the tarring of development to maintain peak hour LOS standards (Artenai LOS E Collectors LOS B Local Service Streets LOS A) LOS along Crandon Boulevard could potentially fall slightly below E" near north Village limits implemented ongoing Sanitary Sewers in Sewered Areas Not to exceed 98•/ of County treatment systems rated capacity Average sewage generation standard of 140 gallons per capita per day Implemented ongoing Sanitary Sewers in Unsewered Areas Permit septic tanks only in compliance with county and state standards In progress The Village is in the planning stage of the process of converting all non-sewered areas to sewer Potable Water Not to exceed 98Y of County treatment and storage systems rated capacity with at least 20 lbs per sq inch at property line and average 280 gallons per capita per day Implemented ongoing Drainage Nonresidential development and redevelopment accommodate runoff to meet Federal state and local requirements Implemented ongoing Solid Waste County system maintains a minimum of 5 years capacity Village use generation rate of 5 2 lbs per person per day Implemented ongoing Recreation Maintain a LOS standard of at least 2 5 acres of park land per 1 000 persons permanent population 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 Wallace Roberts & Todd, LLC 63 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Policy 1 31 Policy 141 Capital improvement program schedule shall not include projects that would achieve 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 Implemented ongoing Implemented ongoing Ordinances 30-160 30 166 1 Measure conformance with LOS standards for water solid waste and drainage recreation and traffic Implemented ongoing 2 Concurrency Monitonng System Implemented ongoing The Land Development Code requires a review of concurrency dunng every budding permit application review 3 Capacity Reservation Implemented ongoing 4 Administration Implemented ongoing 5 Project Impact or Demand Measurement Policy 1 51 Implemented Ordinances 30 163 The concurrency management system formulas shall include the public facility 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 Implemented ongoing Policy 1 5 2 Explore a recreational impact fee for all new development to help fund acquisitions and improvements by 1994 Not Implemented Policy 1 5 3 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 prescnbed cntena for such fees Implemented Wallace Roberts & Todd, LLC 64 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 Wallace Roberts & Todd, LLC 65 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Issue i Implications of Debt Cap Issue] Conservation, Coastal Management and Environmental Protection Issue k Land Development in the Context of Master Plan Goals, Objectives, and Policies Issue I Historic, Cultural and Educational Resources and Needs Wallace Roberts & Todd, LLC 66 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 Wallace Roberts & Todd, LLC 67 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 Wallace Roberts & Todd, LLC 68 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 Wallace Roberts & Todd, LLC 69 VILLAGE OF KEY BISCAYNE 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 Centers 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 Wallace Roberts & Todd, LLC 70 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 Glenndge 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 Wallace Roberts & Todd, LLC 71 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Park' 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 onginai 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 Wallace Roberts & Todd, LLC 72 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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) Wallace Roberts & Todd, LLC 73 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • Neighborhood Parks (overlook in nght 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 Wallace Roberts & Todd, LLC 74 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • 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 Of any) related to issue since Master Plan was prepared/updated See preceding section, C(1) Wallace Roberts & Todd, LLC 75 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 76 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 traffics, • 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 Wallace Roberts & Todd, LLG 77 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • 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 11 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 " The Village is seeking funding to continue the project on Crandon Boulevard from McIntyre Street to the State Park Wallace Roberts & Todd, LLC 78 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 tnal 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 Of 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 Wallace Roberts & Todd, LLC 79 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN limits) had only a 5 percent increase The growth of the infra - 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 e 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 Wallace Roberts & Todd, LLC 80 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 81 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN any development applications that would serve to increase density beyond what exists or is allowed by current zoning and/or vested nghts • 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 ANNA 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 Wallace Roberts & Todd, LLC 82 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN ■ 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 Wallace Roberts & Todd, LLC 83 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Householdsl% 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 ordable 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 Rental 305 309 323 336 346 Income Units 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 Attordable Housing Needs Assessment Shimberg Center for Affordable Hous ng 2005 Wallace Roberts & Todd, LLC 84 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 2005 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 stones 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 Wallace Roberts & Todd, LLC 85 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN review process No historic preservation policy to protect older residential stock such as Mackie 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 Wallace Roberts & Todd LLC 86 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 87 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 88 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 is 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 Wallace Roberts & Todd, LLC 89 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd LLC 90 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 91 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN (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 Wallace Roberts & Todd, LLC 92 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN ■ initiate a petition among the property owners demand service from the County 1 ▪ Set up, in compliance with State statute a special taxing dlstnct 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 Wallace Roberts & Todd, LLC 93 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 venfied 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 Wallace Roberts & Todd, LLC 94 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 95 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 96 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN appraiser The debt cap schedule provided shows the current year and projections for future penods 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) j 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 Objectivel 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 Wallace Roberts & Todd, LLC 97 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 longshore 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 Wallace Roberts & Todd, LLC 98 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 99 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 100 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE 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 Flonda built during that era It is the sole remaining structure of its type in Key Biscayne and one of the few remaining in southern Flonda 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 Wallace Roberts & Todd, LLC 101 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 102 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE 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 Flonda Comprehensive Plan (Chapter 187, Florida Statues) (1) Manner of Compliance with State Comprehensive Plan Elements Children (a) Goal—Flonda 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 — Flonda shall improve the quality of life for its elderly citizens by promoting improved provision of services, with an emphasis on independence and self-sufficiency Wallace Roberts & Todd, LLC 103 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE 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 Wallace Roberts & Todd, LLC 104 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Public Safety (a) Goal — Flonda 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 14, 1 5), Conservation and Coastal Management (Objectives 12, 1 6), Intergovernmental Coordination, and Capital Improvements (Objective 1 2) Elements Coastal and Marine Resources (a) Goal — Florida shall ensure that development and manne 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 Wallace Roberts & Todd, LLC 105 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 106 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 Wallace Roberts & Todd, LLC 107 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE 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 Wallace Roberts & Todd, LLC 108 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN competitive force in the national and international marketplace Response — There is no agriculture in the Village Tourism (a) Goal — Flonda 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 Flonda 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 Wallace Roberts & Todd, LLC 109 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 11), 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 11), F S Wallace Roberts & Todd, LLC 110 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 1998 [Ch 98-75, s 14, ch 146, ss 2-5, di 7 xsi= � 78 79 80 81 82 83 84 85 86 163, F S Citations N/A Exempted brownfield area amendme nts from the twice -a - year limitation Required that the capital improv ements element set forth standards for the managemen t of debt Requ ired in clusion of at least two planning periods — at least 5 years and at least 10 years A llowed multiple indiv idua l plan amendments to be con sidered together as one amendment cycle Defined "option al sector plan" and created Section 163 3245 allowin g local governmen ts to address DRI issues within certain iden tified geographic areas Established the requirements for a pu blic school facilities element Established the min imum requirements for imposing school con currency Required DCA adopt minimu m criteria for the complian ce determination of a public school facilities element imposin g school concurren cy Required that evaluation an d appraisal reports address coordin ation of the comp plan with ex istin g pu blic schools and the school district's 5 -year work program Addressed (where/how) 8-� 8, -Ss 4-5,. La s fTh ndaj 163 3187(1)(g) 163 3177(3)(a)4 163 3177(5)(a) 163 3184(3)(d) 163 3164(31) a nd 163 3245 163 3177(12) Capital Improvements Eleme nt, Procedural Procedural Procedural Procedural Intergovernme ntal Coordinatio n Element, Proced ural Amendment Needed By Element Wallace Robe rts & Todd, LLC 163 3180(12) [N ow Section (13)] 163 3180(13) [Now Sectionl4)] 163 3191(2)(1) [N ow 163 3191(2)(k)] X X 111 Evaluation and Appraisal Report and I ntergovernme ntal VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Chan ges to Chapter 163, F S 1998-2005 163, F S Citatio ns N/ A Addressed (where/how) Amendment Needed By Element Coordinatio n Element 87 Amen ded the definition of ` in comphance" to include consistency with Sections 163 3180 and 163 3245 163 3184(1)(b) Intergo vernmental Coordination Eleme nt, Procedural 88 Required D CA to maintain a file with all documents receiv ed or generated by DCA relating to plan amendmen ts and iden tify, limited DCA's re view of proposed plan amendments to written comments, and required DCA to identify and list all written communications receiv ed within 30 days after transmittal of a proposed plan amendment 163 3184(2), (4), and (6) X 89 Allowed a local gov ernment to a mend its plan for a period of up to one year after the initial determination of su fficien cy of an adopted EA R even if the EA R is in su fficient 163 3187(6)(b) Procedural 90 Substantially reworded Section 163 3191, F S , related to evalu ation an d appraisal reports 163 3191 Evaluatio n and Appraisal Report 91 Chan ged the population requirements for municipalities and counties which are required to submit otherwise optional elemen ts 163 3177(6)(i) X 1999 [Ch 99-251, ss 65-6, and 90, Ch 99-578, s , -5, an $-9; Laws nfPl.Qrldaj 92 Required that ports an d local govern ments m the coastal area, which has spoil disposal responsibilities, identify dredge disposal sites in the comp plan 163 3178(7) X 9 Ex empted from the twice -per -year hmitation certain port related amendments for port transporta tion fa cihties and projects eligible for fun ding by the Flonda Seaport 163 3187(1)(h) X Wallace Roberts & Todd, LLC 112 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 94 95 96 97 98 99 100 101 102 Changes to Chapter 163, F S 1998-2005 Transportation and Economic Development Cou ncil Required rural counties to base their future la nd use plans and the amoun t of land designated industrial on data regarding the need for job creatio n, capital m vestme nt, a nd economic developmen t and the need to strengthen and diversity local economies Added the Growth Policy Act to Ch 163, Part II to promote urban infill and redev elopment 163, F S Citations N/A Addressed (where/how) Required that all comp plan s comply with the school siti ng requ iremen ts by October 1, 1999 Made transportation facilities subject to concurrency 163 3177(6)(a) 163 2511,163 25,14,163 2517,163 2520,163 252 3, a nd 163 2526 X X Amendment Needed By Eleme nt Required use of professionally accepted techniques for measuring level of service for cars, trucks, tran sit, bikes and pedestnan s Excludes public transit facilities from concurrency requirements Allowed multiuse DRIs to satisfy the transportation concurren cy requirements when authorized by a local comprehensive plan un der limited circumstances A llowed multimodal transportation districts m areas where priorities for the pedestrian en vironmen t are assigned by the plan 163 3177(6)(a) 163 3180(1)(a) 163 3180(1)(b) 163 3180(4)(b) Intergovernmental Coordinatio n Element Transportation Circulatio n and Capital Impro vements Elements Transportation Circulation and Capital Improveme nts Elements Exempted amendmen ts for urban infill an d redevelopment areas, pubhc school concurrency from Wallace Roberts & Todd, LLC 163 3180(12) 163 3180(15) 163 31879(1)(h) an d (i) [N ow (1) and (j)] X 113 Capital Improveme nts Eleme nt Procedural Procedural VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/ A * Addressed (where/how) Amendme nt Needed By Eleme nt t the twice -per -year limitation 103 Defined brownfield designation and added the ass urance that a dev eloper may proceed with development upo n receipt of a brownfield designation [Also see Section 163 3221(1) for brownfield" definitio n 163 3220(2) X 2000 {Ch 2000-158, ss 15-17, Ch 2000--84 3 Ch 2 3O4,317, s 18, Laws f F1or .do . 104 Repealed Section 163 3184(11)(c), F S , that required funds from sanction for non -compliant plans go i nto the Growth Man agemen t Trust Fu nd 163 3184(11)(c) [Now Repealed] X 105 Repealed Section 163 3187(7), F S that required consideration of an increase in the annu al 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 (15) [Now Repealed] X 107 Allowed small scale amendmen ts in area s of critical state con cern to be exempt from the twice -per -year limitation only if they are for affordable housing 163 3187(1)(c)1 e X 108 Added exemption of sales from local option surtax imposed under Section 212 054, F S , as examples of in centives for new developmen t within urban Will and redev elopment areas 163 2517(3)0)2 X 2001 tCh 2001-279, s 64, Laws f 1t ti ` k-, , 109 Created the rural land stewardship area Erogram 163 3177(11)(d) X 2002 [Ch 2002-296, ss 1 - 1 z r 1�,a:�s� QL ����� � �� 110 Required that all agen cies that review comprehensiv e plan 163 3174 I ntergover nmental Wallace Roberts & Todd, LLC 114 VILLAGE OF KEY BISCAYNE 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) Amendme nt Needed By Element amendmen ts and rezoning i nclude a no nvoting represen tativ e of the district school board Coordination Element 111 Required coordination of local comprehensive plan with the regional water supply plan 163 3177(4)(a) Intergo vernmental Coordi natio n 112 Plan amen dmen ts 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 sa nitary sewer, solid waste, drain age, potable water and natural groundwater aquifer recharge element consider the regional water su pply plan and in clude a 10 -year work plan to build the identified water supply facilities 163 3177(6)(c) Intergo ver nme ntal Coordination Element 114 Required consideration of the region al water supply plan in the preparation of the con servation elemen t 163 3177(6)(d) Intergo ver nmental Coordinatio n Element 115 Required that the intergovernmen tal coordin ation elemen t (ICE) include relationships, principles and guidelines to be used in coordin ating comp plan with region al water supply plans 163 3177(6)(h) Intergo vernmental Coordinatio n Element 116 Requ ired the local gov ernments adopting a public educational facilities element execute an inter -loca l agreement with the distract school board, the county, and n on -exempting municipalities 163 3177(6)(h)4 Intergo vernmental Coordination Eleme nt 117 Required that counties larger than 100,000 population and their mun icipalities submit a in ter -local service delivery agreemen ts (existing an d proposed, deficits or duplication in the prov ision s of service) report to DCA by January 1, 2004 Each local government is required to update its ICE based on the findin gs of the report DCA will meet with 163 3177(6)(h)6 , 8 7 , & X Wallace Ro berts & Todd, LLC 115 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * Addressed (where/how) Ame ndment Needed By Eleme nt affected parties to discuss and id strategies to remedy a ny deficiencies or duplications 118 Required local gov ernments and special districts to provide recommendations for statutory changes for a nnexation to the Legislature by February 1, 2003 163 3177(6)(h)9 X 1 119 A dded a new Section 163 31776 that allows a cou nty, to adopt an optio nal public educational facilities element in cooperation with the applicable school board 163 31776 X 120 Added a new Section 163 31777 that requires local govern men ts an d school boards to enter in to an inter -local agreemen t that addresses school siting, enrollment forecasting, school capacity, in frastructure and safety needs of schoo ls, schoo ls as emergency shelters, and shanng of facilities 163 31777 Intergo vernme ntal Coordinatio n Eleme nt 121 Added a provision that the con currency requirement for transportation facilities may be waiv ed by plan amendmen t for u rban in fill an d redevelopmen t areas 163 3180(4)(c) X 122 Expanded the defin ition of "affected persons" to include property own ers who own land abutting a change to a fu ture lan d use map 163 3184(1)(a) Procedural 123 Expanded the definition of "in compliance" to include consistency with Section 163 31776 (public education al facilities element) 163 3184(1)(b) Procedural Intergo vernme ntal Coordi natio n Eleme nt 124 Strea mlined the timing of comprehensive plan amendment rev iew 163 3184(3), (4), (6), (7), an d (8) Procedural 125 Required that local gov ern ments provide a sign -m form at the transmittal heann g an d at the adoption heanng for 163 3184(15)(c) Procedural Wallace Roberts & Todd, LLC 116 VILLAGE OF KEY BISCAYNE 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 a nd addresses 126 Exempted amendments related to pro vidmg transportation improv ements to enhance life safety on "co ntrolled access major arterial highways" from the limitation on the frequency of plan amen dments contained m s 163 3187(1) 163 3187(1)(k) X 127 Required EA Rs to in clude (1) consideratio n of the appropriate region al water supply plan, and (2) an evaluation of whether past reductions m land use densities in coastal high hazard areas have impaired property rights of current residen ts where redev elopment occurs 163-3191(2)(1) Future La nd Use and I ntergovernmental Coordination Elements 128 A llowed local gov ern ments to establish a special master process to assist the local gov ern ments with challenges to local development orders for consisten cy with the comprehensiv e plan 163 3215 Procedural 129 Created the Local Govern ment Comprehensive Planning Certification Program to allow less state an d region al ov ersight of comprehensiv e plan pro cess if the local gov ernmen t meets certain criteria 163 3246 X 130 Added a provision to Section 380 06(24), Statutory Exemptions, that ex empts from the requiremen ts for developmen ts of regional impact, any water port or marin a developmen t if the relev ant local governmen t has adopted a "boating facility sitin g plan or policy" (which inclu des 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 sitmg plan or policy is exempt from the limitation on the frequen cy of 163 3187(1) X Conservation and Coastal Manageme nt Wallace Roberts & Todd, LLC 117 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 131 2003 132 Changes to Chapter 163, F S 1998-2005 plan amen dments contai ned in s 163 3187(1) Prohibited a local governme nt, under certai n conditio ns, from denyin g an applicatio n for de velopme nt approval for a requested lan d u se for certain proposed solid waste mana ement facilities [Ch 08-1, ss 14-15, ch 03=16t, 1; 'et 163, F S Citations N/ A Addressed (where/how) Creates the A gricultu ral Lands and Practices Act 7 163 3162 (2) Provides legislative findings an d purpose with respect to agricultural activ ities and duplicative regulation (3) D efin es the terms "farm," "farm operation," and "farm produ ct" for purposes of the act (4) Prohibits a coun ty from adoptmg any ordin ance, resolution, regulation, rule, or policy to prohibit or otherwise limit a bon a fide farm opera tion on land that is classified as agricultural land (4)(a) Prov ides that the act does not hmit the powers of a cou nty under certain circumstances (4)(b) Clarifies that a farm operation may not expand its operations u nder certain circumstances (4)(c) Provides that the act does not limit the powers of certain coun ties 163 3194(6) Procedural Amendment Needed By Element J X X X X X X Wallace Ro berts & Todd, LLC 118 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A Addressed (where/how) 133 134 135 136 (4)(d) Provides that certain co unty ordinances are not deemed to be a duplication of regulation Changes State Comptroller" references to "Chief Financial Officer " X Amendment Needed By Eleme nt Provides for certain airports to abandon DRI orders Amended to conform to the repeal of s 235 185 and the enactmen t of similar material in s 1013 35 A men ded to con form to the repeal of ch 235 and the enactmen t of similar material m ch 1013 163 3167(6) X 163 3177(6)(k) 163 31776(1)(b)(2)-(3) 163 37111(1)(c), (2)(e) - (f), (3)(c), (4), (6)(b) X X X 2004 [Ch 04-5, s 11, ch 04-377 , s 1, eh -1310; Ss- 1-4y of 04-377 ss - , x=381, ss 1-2, ch. 04-384, s 2, Laws of Florida ] 137 138 (10) A mended to conform to the repeal of the Florida High -Speed R ail Transportation Act, and the creation of the Florida H igh -Speed Rail A utho rity A ct (13) Created to requ ire local gov ernments to identify adequate water supply sou rces to meet fu ture demand (14) Created to limit the effect of judicial determmations issued subsequent to certain development orders pursuant to adopted lan d dev elopment regulations (1) Provides legislativ e findings on the compatibility of development with military installa tions (2) Provides for the exchange of in formation relating to proposed lan d use decision s between counties and local Wa llace Ro be rts & Todd, LLC 163 3167 Creates 163 3175 X X X 119 Intergo vernme ntal Coordi nation Eleme nt Procedural VILLAGE OF KEY BISCAYNE 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 139 governmen ts and military installations (3) Provides for responsive comments by the commandin g officer or his/her designee (4) Provides for the cou nty or affected local governme nt to take such commen ts in to consideration (5) Requires the representative of the military i nstallation to be an ex -officio, n onv oting member of the county's or local government's lan d plann in g or zonin g board (6) En cou rages the commanding officer to provide information on community plann ing assistance grants (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 installatio ns • Changed to specifically encourage rural land stewardship area designation as an overlay on the future land use map (6)(c) Exten ded the deadline adoption of the water supply facihties work plan amendment until December 1, 2006, prov ided for u pdating the work plan every fiv e years and exempts such amendment from the limitation on frequ ency of adoption of amendmen ts (10)(1) Provides for the coordination by the state land Wa llace Roberts & Todd, LLC 163 3177 X X X X X 120 Addressed (where/how) Intergovernme ntal Coordi nation Eleme nt Amendment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 planning agency and the Dept twent of Defense on compatibility issues for mihtary i nstallations 163, F S Citatio ns N/A * (11)(d)1 Requires DCA, in cooperation with other specified state agencies, to provide assista nce to local governments in implementin g provisions relatmg to rural land stewardship areas (11)(d)2 Provides for multicoun ty rural land stewardship areas (11)(d)3 -4 Rev ises requirements, includmg the acreage threshold for designatin g a ru ral land stewardship area (11)(d)6 j Prov ides that transferable ru ral land use credits may be assigned at different ratios according to the natural resource or other ben eficial use characteristics of the land (11)(e) Prov ides legislative findings regardin g mixed -use, high -density urban infill and redevelopmen t projects, requires DCA to provide technical assistan ce to local gov ernments (11)(f) Provides legislativ e findings regardin g a program for the tran sfer of dev elopmen t rights and u rban in fill and redevelopmen t, requires DCA to provide techn ical Wallace Robe rts & Todd, LLC X X X X X X X 121 Addressed (where/how) Ame ndment Needed By Eleme nt VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISC AYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citations N/A * Addressed (where/how) Ame ndment Needed By Element assistan ce to local gover nments 140 (1) Prov ides legislative fi ndings with respect to the shortage of affordable rentals in the state (2) Provides definition s (3) Authorizes local gov ern ments to permit accessory dwelling u nits in areas zoned for single family residential use based u pon certain findings (4) An application for a building permit to construct an accessory dwelling unit must include an affidavit from the apphcant 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) Prov ides for certain accessory dwellin g units to apply towards satisfyin g the affordable housin g componen t of the housing element in a local governmen t's comprehensive plan (6) Requires the DCA to report to the Legislature Creates 163 31771 X Procedural Housi ng Eleme nt Procedural Housing Eleme nt 141 A mends the definition of "in comphance" to add language referrin g to the Wekiva Parkway an d Protection Act 163 3184(1)(b) X 142 (1)(m) Created to provide that amen dments to address criteria or compatibility of lan d uses adjacent to or m close 163 3187 X Wallace Roberts & Todd, LLC 122 VILLAGE OF KEY BISCAYNE 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 143 proximity to military i nstallations do not co unt toward the limitation on frequency of amending comprehensive plans (1)(n ) Created to provide that amendments to establish or implemen t a rural land stewardship area do not count toward the limitation on frequency of ame nding comprehen sive plan s Created to provide that ev aluation and appraisal reports ev aluate whether criteria in the lan d use eleme nt were successful in achiev in g land use compatibility with military installation s 163 3191(2)(n) 2005 [Ch 20015-157, ss 1, 2 and 15, Ch Y ( �-ss 42, Laws <f '10 144 145 Added the definition of "finan cial fea sibihty " (2) Required comprehen sive plan s to be "financially" rather than economically" fea sible (3)(a)5 Requ ired the comprehensiv e plan to in clude a 5 - year schedule of capital improvements Outside fun ding (i e , from dev eloper, other gov ernment or fun din g pursuan t to referen dum) of these capital improv ements must be guaranteed in the form of a dev elopment agreement or interlocal agreemen t (3)(a)6 b 1 Required plan amendment for the an nual update of the schedule of capital improvements Deleted provision allowing u pdates an d change in the date of con struction to be accomplished by ordinan ce Wallace Ro be rts & Todd, LLC Creates ss 163 3164(32) 163 3177 X X Addressed (where/how) Amendment Needed By Element 123 Procedural, Capital Impro vements a nd Future La nd Use Eleme nts VILLAGE OF KEY BISCAYNE 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) Ame ndme nt Needed By Element (3)(a)6 c A dded oversight and penalty pro visio n for failure to adhere to this sectio n's capital improveme nts requirements (3)(a)6 d Required a long-term capital impro vement schedule if the local gov ernment has adopted a long-term concurren cy managemen t system Capital Improvements Element (6)(a) D eleted date (October 1, 1999) by which school Procedural sittin g requirements mu st be adopted (6)(a) A dd requiremen t that future land use element of X coastal cou nties must encourage the preservation of workin g waterfron ts, as defined in s 342 07, F S (6)(c) Requ ired the potable water element to be updated within 18 months of an updated region al water supply plan to incorporate the a lternativ e wa ter su pply projects selected by the local government to meet its water supply n eeds Infrastructure and Intergovernme ntal Coordi natio n Eleme nts Recreatio n and Open (6)(e) Added waterways to the system of sites addressed by the recreation an d open space elemen t Space Eleme nt (11)(d)4 c Required rural land stewardship areas to X address affordable housing Wallace Roberts & Todd, LLC 124 VILLAGE OF KEY BISCAYNE 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) Ame ndment Needed By Eleme nt (11)(d)5 Required a fisted species survey be performed on ru ral land stewardship receiving area If any listed species present, mu st ensure adequate pro visions to protect them (11)(d)6 Must enact an ordinance establishing a methodology for creation , con veyance, and use of stewardship credits within a rural land stewardship area (11)(d)6 J Revised to allow open space and a gricultural land to be ju st as important as env iron mentally sensitive land when assignin g stewardship credits (12) Must adopt pu blic school facihties element (12)(a) and (b) A waiver from prov iding 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 gov ern ments to prov ide maps depicting the general location of new schools and school improv ements within fu ture conditions maps X X X Interlocal agreement with County School Board I nterlocal agreeme nt with Cou nty School Board Interlocal agreeme nt with Co unty School Board Interlocal agreement with County School Board Wallace Roberts & Todd, LLC 125 VILLAGE OF KEY BISCAYNE 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) 146 147 (12)(1) Requ ired DCA to establish a schedule for adoption of the public school facilities element (12)(j) Established penalty for fail ure to adopt a public school facility element (13) (New section) En courages local governments to dev elop a commun ity vision ," which provides for su stain able growth, recognizes its fiscal constramts, a nd protects its natu ral resources (14) (New section ) En courages local gov ernments to dev elop a urban serv ice boundary," which en sures the area is served (or will be served) with adequate public facilities and services over the n ex t 10 years See s 163 3184(17) 163 31776 is repealed (2) Required the public schools Interlocal agreement (if applicable) to address requirements for school concurrency The opt -ou t prov ision at the end of Subsection (2) is deleted (5) Required Pa lm Bea ch County to iden tify, as part of its EA R, changes n eeded in its public scho ol element necessary to conform to the new 2005 public school Wallace Robe rts & Todd, LLC 163 31776 [Now Repealed] 163 31777 X X 126 Interlocal agreement with Co unty School Board Addressed in 2020 Community Vision Process Addressed in Intergo ver nme ntal Coordi natio n Eleme nt Amendment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 148 149 Changes to Chapter 163, F S 1998-2005 facilities element requireme nts (7) Prov ided that counties exempted from public school facilities elemen t shall undergo re-e valuation as part of its EAR to determine if they continue to meet exemptio n cntena (2)(g) Ex pands requirement of coastal element to incl ude strategies that will be used to preserve recreational and commercial working waterfronts, as defined m s 342 07, FS (1)(a) Added "schools" as a requ ired con currency item 163, F S Citations N/A * X Addressed (where/how) Ame ndment Needed By Eleme nt 163 3178 Addressed in Recreatio nal and Open Space Element (2)(a) Required con sultation with water supplier pnor to issuing building permit to en sure "adequate water supplies" to serve new development is available by the date of issu ance of a certificate of occu pancy (2)(c) Required all tran sportation facilities to be in place or u nder construction within 3 years (rather than 5 years) after approv al of bu ildin g permit (4)(c) Allowed concurren cy requirement for public schools to be waived within u rban mfill an d redevelopment areas (163 2517) (5)(d) Requ ired guidelin es for grantmj concurrency Wa llace Roberts & Todd, LLC 163 3180 X 127 Interlocal Agreeme nt w/ County School Board I ntergo vernmental Coordi nation Eleme nt Procedural Capital Improvements VILLAGE OF KEY BISCAYNE 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 * exception s to be included in the comprehensive plan (5)(e) — (g) If local government has established transportation exceptions, the guidelines for implementing the ex ceptions must be "co nsistent with a nd su pport a comprehensiv e strategy, and promote the pu rpose of the ex ceptions " Exception areas must i nclude mobility strategies, su ch as alternate modes of tran sportation, supported by data and analysis FDOT must be con su lted pnor to designating a tran sportation concu rren cy ex ception area Transportation concurrency exception areas existin g pnor to July 1, 2005 must meet these requiremen ts by July 1, 2006, or when the EAR -based amendmen t is adopted, whichev er occurs last (6) Required local government to maintain records to deteiiiizne whether 110% de minimis transportation impact threshold is reached A su mmary of these records mu st be su bmitted with the annual capital improvements element u pdate Exceedin g the 110% threshold dissolves the de mmimis ex ception s (7) Required consultation with the Departmen t of Transportation prior to designating a transportation con cu rrency mana gement area (to promote in fill development) to en sure adequate lev el -of -service stan dards are in place The local government and the DOT should Wallace Roberts & Todd, LLC X 128 Addressed (where/how) Ame ndme nt Needed By Eleme nt Element Procedural VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 work together to mitigate any impacts to the Strategic Intermodal System 163, F S Citations N/A * (9)(a) Allowed adoption of a long-term co nc urrency management system for schools (9)(c) (New section) Allowed local governme nts to issue approvals to commen ce con stru ction notwithsta ndmg s 163 3180 in areas su bject to a long-term concurre ncy management system (9)(d) (New section) Required evaluation in EAR of progress in improving levels of service (10) A dded requirement that level of service standard for roadway facilities on the Strategic Intermodal System must be consisten t with FDOT stan dards Standards mu st consider compatibility with adjacent jurisdiction s (13) Requ ired school concurren cy (n ot optional) (13)(c)1 Requires school concurrency after five years to be applied on a 'less than districtwide basis" (i e , by usin g school atten dan ce zones, etc) (13)(c)2 Eliminated exemption from plan amendmen t Wallace Roberts & To dd, LLC 129 Addressed (where/how) Intergovernmental Coordination Element, Interlocal Agreement with Cou nty School Board Procedural Evaluation and Appraisal Report Interlocal Agreement w/ Cou nty School Board I nterlocal Agreement w/ County School Board Procedural Ame ndment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Ch apter 163, F S 1998-2005 adoption limitation for changes to service area bo undaries (13)(c)3 No application for development approval may be den ied if a less-than-districtwide meas urement of school concu rren cy is used, however the de velopment impacts mu st to shifted to con tiguous service areas with school capacity (13)(e) Allowed school concurrency to be satisfied if a dev eloper execu tes a legally binding commitment to provide mitigation proportionate to the demand (13)(e)1 En umerated mitigation options for achieving proportionate -share mitigation (13)(e)2 If edu cation al facilities fun ded in one of the two followin g ways, the local government must credit this amount toward an y impact fee or exaction imposed on the commun ity • contribution of land • construction expansion or payment for land acquisition (13)(g)2 (Section deleted) — It is no longer required that a local gov ernment an d school board base their plan s on consistent population projection and share information regardin g plann ed public school facilities, developmen t an d redevelopment an d infrastructure needs of public school Wallace Roberts & Todd, LLC 163, F S Citations N/A * Addressed (where/how) Amendme nt Needed By Element X Interlocal Agreement w/ County School Board 130 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Chan ges to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * Addressed (where/how) Ame ndment Needed By Element facilities However, see (13)(g)6 a for similar requirement (13)(g)6 a [Formerly (13)(g)7 a 1 Local gover nments mu st establish a uniform proced ure for determinmg if development apphcations are in complia nce with school concurren cy (13)(g)7 [Formerly (13)(g)8 1 Deleted language that allowed local govern ment to termin ate or suspend an in terlocal agreement with the school board (13)(h) (N ew 2005 prov ision ) The fact that school concu rrency has not yet been implemented by a local gov ernmen t should not be the basis for either an approval or denial of a development permit (15) Prior to adopting Mulhmodal Transportation Districts, FDOT must be consulted to assess the impact on level of service stan dards If impacts are fo und, the local gov ern ment and the FDOT must work together to mitigate those impacts Multimodal distracts established pnor to July 1, 2005 mu st meet this requ irement by Ju ly 1, 2006 or at the time of the EAR -base amendmen t, whichev er occurs last (16) (New 2005 section ) Required local gov ernments to adopt by December 1, 2006 a method for assessin g X X Interlocal Agreeme nt w/ Cou nty School Board Procedural Capital Improvements Element Conc urrency Wallace Ro berts & To dd, LLC 131 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Chapter 163, F S 1998-2005 163, F S Citatio ns N/A * 150 proportion ate fair -share mitigatio n optio ns F DOT will dev elop a model ordinance by December 1, 2005 (17) (New 2005 section ) If local governmen t has adopted a commun ity v ision and urban service bounda ry, state and regional agency review is eliminated for plan amendments affectin g property within the urban service boundary Su ch amendmen ts are exempt from the limitation on the frequen cy of plan amendments (18) (New 2005 section ) If a mun icipality has adopted an urban in fill an d redevelopmen t area, state an d regional agen cy rev iew is eliminated for plan amendments affecting Wa llace Roberts & Todd, LLC Addressed (where/how) Amendment Needed By Element 163 3184 X 132 Procedural VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 151 152 Changes to Chapter 163, F S 1998-2005 property within the urban service boundary S uch amendmen ts are exempt from the limitatio n on the frequency of plan amendments (1)(c)1 f Allowed approval of reside ntial land use as a small-scale development amendment whe n the proposed density is equ al to or less than the existing fut ure land use category Un der certain circumstances affordable ho using units are exempt from this limitation 163, F S Citations N/ A (1)(c)4 (New 2005 provision ) If the small-scale dev elopment amen dment inv olves a rural area of critical economic concern, a 20 -acre limit applies (1)(o) (N ew 2005 prov ision ) An amendmen t to a rural area of critical economic concern may be approved withou t regard to the statu tory limit on comprehensive plan amendments (2)(k) Required local gov ernments that do not hav e either a school interlocal agreement or a pu blic school facilities element, to determine in the EAR whether the local governmen t con tinu es to meet the ex emption cnteria in s 163 3177(12) (2)(1) The EAR must determin e whether the local government has met its v anous water supply requirements, in cluding development of alternativ e water supply Wa llace Roberts & Todd, LLC 163 3187 X X Addressed (where/how) Procedural Housing Eleme nt Amendme nt Needed By Element 163 3191 133 E valuation and Appraisal Report, Interlocal agreeme nt with Cou nty School Board E valuation a nd Appraisal Report VILLAGE OF KEY BISCAYNE 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 * 153 projects (2)(o) (N ew 2005 provision) The EAR must eval uate whether its Multimodal Transportation District has achieved the pu rpose for which it was created (2)(p) (New 2005 provision) The EAR must assess methodology for impacts on tra nsportation facilities (10) The EAR -based a mendmen t must be adopted within a single amendment cycle Failure to adopt withi n this cycle results in pen alties Once updated, the comprehen sive plan must be submitted to the DCA (10) N ew section designating Freeport as a certified commu nity (11) New section ex empting proposed D RIs within Freeport from review under s 380 06, F S , unless review is requ ested by the local gov ern men t 163 3246 X X Addressed (where/how) E valuation a nd Appraisal Report Procedural Amendment Needed By Element Wallac e 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 C 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 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 N ovember 22, 1989 1 2 3 4 5 Defined availabihty or a vailable, concurren cy, concurre ncy management system, currently available re ve nue sources, an d public facilities and ser vices Note the definition of ava ilability or available was repealed Ma rch 23 1994 and the defi nitio n of pu blic facilities and services was repealed February 25 2001 Required comprehensiv e plan amendments applicable to the Wekiv a River Protection A rea to meet requirements of section 369 301, F S , in addition to meeting compliance requ irements of section 163 3184, F S Required local gov ern men ts to adopt a concurren cy man agement system in their comprehen siv e plans an d established requ irements for such systems Required the capital improvement element to include requ irements to en sure an adequate concurrency man agement system is implemented Clarified requiremen ts relating to projected rev en ue sou rces that are contingen t upon ratification by pu blic referen dum April 2, 1992 9J-5,FAC Citations NA Addressed (where/how) Amendment Needed By Eleme nt 9J-5 003 9J-5 005(8) 9J-5 0055 9J-5 016 9J-5 016(4)(a)2 X Procedural Co nservatio n Coastal Ma nagement a nd Capital Impro vements Elements Capital Improvements Eleme nt (Obj 1 4) Procedural Wallace Roberts & To dd, LLC 137 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PL AN Changes to Rule 9J-5, F A C 1989-2003 9J-5, F A C Citatio ns NA Addressed (where/how) Amendme nt Needed By Element 6 Defin ed transportation co nc urrency man agement area, transportatio n demand man agemen t, transportatio n system man agement, an d transportatio n mobility elemen t Note the definitions of tran sportation con currency management area a nd transportation mobility eleme nt were repea led March 23 1994 9J-5 003 X 7 Authorized local governments to establish optional transportation concurrency managemen t areas and provided requirements for such areas Note this ru le was repea led March 23 1994 9J-5 0057 X 8 Required transportation concurrency management areas to be shown on the futu re land u se map 9J-5 006(4)(a) X 9 Required the capital improvement element to include requ irements to ensure concurren cy management areas are implemented, if designated 9J-5 016 Capital Improveme nts Element (Obi 1 4) March 23, 1994 Wallace Roberts & Todd, LLC 138 VILLAGE OF KEY BISCAYNE 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) Ame ndment Needed By Element 10 D efined central business district, coastal area, evalu ation and appraisal report, partial ev aluation and appraisal report, proposed ev aluation and appr aisal report, sufficiency rev iew, and very low i ncome family Note the definition of very low income family was repealed March 21 1999 9J-5 003 Procedural, Evaluatio n a nd Appraisal Report, Co nservation a nd Coastal Management and Housi ng Elements 11 Revised the definition of coa stal high hazard areas an d modified the definition of coastal area to prov ide a definition of the term coastal plannin g area Note the definition of coastal planning area was revised March 21 1999 9J-5 003 Capital Improveme nts Element (Obi 1 3) 12 Repealed definitions of av ailability or available, transportation concu rrency managemen t area, an d tra nsportation mobility elemen t 9J-5 003 X 13 Required local comprehensive plans to include a coun tywide marin a siting plan for participating local govern ments in the coastal area and intergovernmental coordin ation processes 9-5 005(1)(c) X 14 Rev ised monitorin g and ev aluation requirements to inclu de a description of the pu blic participation process and components of the evaluation and appraisal process Note Rev ised February 25 2001 9-5 005(7) Eval uatio n and Appraisal Report Wallace Roberts & Todd, LLC 139 VILLAGE OF KEY BISCAYNE 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) Ame ndment Needed By Element 15 A dded procedures for transmittal a nd review of evaluation and appraisal reports and evaluation an d appraisal amendme nts Note Repealed March 21 1999 a nd February 25 2001 9J-5 0053 X 16 Revised requ irements for the co ncurre ncy man agement system to include pro visions regarding level of serv ice standards, and minimu m requiremen ts for concurrency, and au thorized local governmen ts to in corporate within their con cu rrency man agement system optional long term con currency man agemen t systems, transportation con cu rrency management areas, transporta tion con cu rrency exception areas, concu rrency exceptions for projects that promote public transportation, and provisions for private contribution s to local government capital improv ement plan ning 9J-5 0055 Transportation Circulation (Obi 1 1), I nfrastructure (Obi 1 4), Capital Impro veme nts (Obi 1 2), Coastal Ma nageme nt (Obi 3 4) a nd I ntergover nmental Coordinatio n (Obi 1 2) Elements 17 Repealed provision s au thorizing establishmen t of option al transportation concurrency management area s an d providin g requirements for such areas 9J-5 0057 X Wallace Ro berts & To dd, LLC 140 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 18 19 20 21 Changes to Rule 9J-5, F A C 1989-2003 Requ ired the Fut ure Land Use Eleme nt for coastal counties and municipalities that have dredge spoil disposal responsibilities to iden tify any existing dredge spoil disposal sites and in clude an analysis of the need for addition al dredge spoil disposal sites Required the Future Land Use Element to in clude an analysis of proposed development an d redev elopment based upon hazard mitigation reports Required the Future Land Use Element to in clu de objectiv es to en courage elimination or reduction of uses that are incon sistent with an interagency haza rd mitigation report and ensure the availability of dredge spoil disposal sites for affected coastal counties an d municipalities Requ ired policies of the future land use element to design ate dredge spoil disposal sites for affected coastal coun ties and mun icipalities an d establish site selection criteria for design ation of future dredge spoil disposal sites Wallace Roberts & Todd, LLC 9J-5,FAC Citations 9J-5 006(1)(f)3 a nd 9J-5 006(2)(f) 9J-5 006(2)(g) 9J-5 006(3)(b) 9J-5 006(3)(c) NA X X X Addressed (where/how) Future Land Use (Obis 1 1, 2 4) 141 Amendment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 22 23 24 Changes to Rule 9J-5, F A C 1989-2003 Required local go vernments to adopt the level of serv ice standards established by the Department of Transportation for facilities on the Flonda In trastate Highway System and adopt adequate level of service sta ndards for all other transportation facilities Note 9J- 5 007 was repealed Fe bruary 20 1996 and has been replace d by 9J-5 019 Required the Ports, Av iation and Related Facilities Elemen t to inclu de an analysis of the need for additional dredge spoil disposal sites for existing an d proposed ports Note 9J- 5 009 wa s repealed Febru ary 20 1996 and has been replaced by 9J-5 019 Required the Hou sing Elemen t inven tory an d an alysis to Use data from the affordable hou sin g needs assessmen t Address housin g needs of existing and futu re residen ts Av oid the concen tration of affordable housin g and Address the needs of very -low in come families as well as low an d moderate income families Wallace Roberts & Todd, LLC 9J-5, F A C Citations 9J-5 007(3)(c) 9J-5 009(2)(c) 9J-5 010(1) a nd (2) NA X Addressed (where/how) Traffic Circ ulatio n (Obi 1 1), I ntergovernmental Coordi natio n, Capital Improvements Elements Ho using Element 142 Amendment Needed By Eleme nt Recommendation to add amendment to Housi ng Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to R ule 9J-5, F A C 1989-2003 9J-5, F A C Citations NA Addressed (where/how) Ame ndme nt Needed By Element 25 Required Housing Element objectives to address Housing needs of current and f uture residents Sites an d distribution of housi ng for very low in come an d low income families and U se of job training job creation and economic solu tions to address affordable ho using concern s 9J-5 010(3) Rec omme ndation to add amendment to Housi ng Eleme nt 26 Required Coastal Managemen t Element in ventories and analyses to be coordmated with the countywide marin a siting plan 9J-5 012(2) Co nservation a nd Coastal Ma nagement Element (Obj 2 1) 27 Required Coastal Man agement Element policies to Incorporate recommendations from interagen cy hazard mitigation reports, Address the relocation mitigation or replacement of infra structure within the coastal high hazard area In clude criteria consisten t with the coun tywide marina siting plan and Include a procedure to resolv e in consistencies between the local comprehensiv e plan and the deepwater port master plan 9J-5 012(3) Co nservation a nd Coastal Manageme nt Element Obj 3 3 Obj 3 1 j Obj 2 1 N/ A 28 Requ ired affected local gov emments to incorporate the marin a siting plan in the Coastal Managemen t Element 9J-5 012(4) Conser vation a nd Coastal Ma nagement Element (Obj 2 1) Wallace Roberts & Todd, LLC 143 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 29 Changes to R ule 9J-5, F A C 1989-2003 Required objectives of the Intergovernmental Coordination Element to ■ Ens ure coordination in the designation of new dredge spoil disposal sites • Invol ve the na vigation and inlet distncts state and federal agencies and the public in iden tifying dredge spoil disposal sites, and • Resolve conflicts between a coastal local govern ment an d a public agen cy seeking a dredge spoil disposal site through the Coastal Resou rces Interagency Managemen t Committees dispute resolution process Wallace Roberts & Todd, LLC 9J-5, F A C Citations 9J-5 015(3) NA X X X 144 Addressed (where/how) Amendment Needed By Element VILLAGE OF KEY BISCAYNE 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 transportatio n eleme nt which replaces the traffic circulatio n element, the mass transit element, and the ports, aviation and related facilities element a nd established requirements for the transportation element 9J-5 019 Backgrou nd Transportation Sectio n includes maps depicting -existing circulation -traffic co ntrol de vices -tra nsit service -traffic volumes -speed control -bicycle and pedestria n plan May 18, 1994 31 Added prov isions for settlement of con flicts throu gh comphance agreemen ts Procedural Wallace Roberts & Todd, LLC 145 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISC AYNE MASTER PLAN 32 Changes to R ule 9J-5, F A C 1989-2003 Defin ed adjusted for family size, adjusted gross income, affordable housing, agency, amendment, clustering, compatibility, composition , den sity, development, developmen t controls, distributio n, env ironmentally sensitive lands, exte nt, facility ava ila bility, floodprone areas, functional relationship, high recharge area, hurricane vu ln erabihty zone, intensity, manufactured home, moderate income hou sehold, natu ral drain age flow, natural groun dwater aquifer recharge areas or n atural groun dwater recharge areas, new town, Apattern, potable water wellfield, pu rchase of developmen t rights, rural areas, rural village or rural activity center, stormwater basin , stormwater facilities, stormwater mana gement system, suitability, tran sfer of developmen t rights, urban area, u rban sprawl, v ery low income household, wellhead protection area, and wetlands Note the defin ition s of adju sted for family siz e adjusted gr oss in come dev elopment an d high recha rge a rea were repealed a nd the definitions of afforda ble housing an d wetla nds were revised March 21 1999 Wallace Roberts & Todd, LLC 9J-5,FAC Citations 9J-5 003 NA Addressed (where/how) Procedural 146 Ame ndment Needed By Element VILLAGE OF KEY BISCAYNE 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 s ubject to coastal flooding, conservatio n uses, deepwater ports, estuary, low i ncome household, mobile home, natural reservation s, an d oceanic waters 9J-5 003 Procedural 34 Rev ised comprehensive plan content requiremen ts to clarify that the future land use map or map senes must be mcluded in the adopted comprehensive plan 9J-5 005(1) Future La nd Use Map 35 Requ ired all goals, objectiv es, policies, standards, findings and conclusion s of the comprehensiv e plan an d plan amendmen ts to be based upon an alysis as well as data, explained the mean ing of being based u pon data, referen ced the Department's guide to data sou rces and N ational Wetland Inven tory Maps, and authorized local governments to su bmit textual portions of their plan or amendmen t on electronic processing storage media 9J-5 005(2) Procedural 36 Requ ired goals, objectives and policies to establish stan dards for the use of land an d guidelines for lan d development regulations 9J-5 005(6) Future Land Use Element (Obj 1 1) Wallace Robe rts & Todd, LLC 147 VILLAGE OF KEY BISCAYNE 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 Requ ired plan amendme nts e xempt from the twice -a -year restriction u nder the developme nt of regional impact provisio n to be transmitted as required by law and revised adoption by reference requ irements Note adoption by referen ce requirements were further revised March 21 1999 9J-5 005(2)(g) Procedural 38 A uthorized local gov ernments to recognize in their comprehen sive plans, statu tory and common law vested rights 9J-5 005(8) Conservation and Coastal Ma nagement (Obi 3 1) 39 Requ ired public potable water wells and wellhead protection area s to be shown on ex istin g land use map or map series an d provided that education al u ses, pubhc bu ildings an d groun ds an d other pubhc facilities may be shown as on e land use category 9J-5 006(1)] X 40 Required policies of the Future Land Use Element to address pro tection of potable water wellfields by designating appropriate activities and land uses within wellhead protection areas 9J 5 006(3) Future La nd Use Element Wallac e Ro berts & Todd, LLC 148 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to R ule 9J-5, F A C 1989-2003 9J-5, F A C Cit ations NA Addressed (where/how) Amendme nt Needed By Element 41 Required public potable waterwells, wellhead protection areas, a nd coastal high hazard areas to be show n on the future land u se map and prov ided that ed ucatio nal uses, public bu ildings and grounds a nd other public facilities may be shown as one land use category Prov ided that if mixed use categories are u sed, policies must specify types of land uses allowed, the percentage distnbution among the mix of u ses or other objectiv e measurement, and the density and in ten sity of each use 9J-5 006(4) X 42 Prov ided cntena for rev iewing local comprehen sive plan s and plan amendments for adequacy in discou ragin g the proliferation of urban sprawl, inclu ding indicators of sprawl and measures for evaluatin g land u ses, local conditions, and developmen t controls 9J-5 006(5) Future La nd Use Eleme nt (Obj 1 1) 43 Requ ired the Housing Element to address hou sing for moderate in come, low income, an d v ery low in come households, group homes, foster care facilities, and hou seholds with special housing needs, including rural and farmworker housin g 9J-5 010 Housing Eleme nt (Obis 1 1, 1 2) 44 Requ ired the Housing Elemen t analysis to address the existing hou sin g delivery system [ 9J-5 010(2) Wallace Roberts & Todd, LLC 149 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 45 46 47 Changes to R ule 9J-5, F A C 1989-2003 Required objecti ves of the Housmg Eleme nt to address adequate sites for mobile a nd manufactured homes Required policies of the Ho using Eleme nt to Include specific programs and actions to streamline the permitti ng process and minimize costs and delays for housing, Establish principles an d cntena guiding the location of manu factured homes, Iden tify interlocal agreemen ts with nearby local governmen ts to prov ide affordable hou sing, and Designate sufficient sites at sufficient densities to accommodate affordable hou sin g Requ ired the data and analysis of the Sanitary Sewer, Solid Waste, Stormwater Managemen t, Potable Water and N atural Groundwater Aquifer Recharge Element to iden tify major n atural drainage features an d natural groun dwater aquifer recharge area s, including areas identified by the water managemen t district as prime or high groun dwater recharge areas Wallace Roberts & Todd, LLC 9J-5,F AC Citations 9J-5 010(3)(b) 9J-5 010(3)(c) 9J-5 011(1) NA Addressed (where/how) Housing Element Obj 1 4 Obj 14 Obj 16 Conservation and Coastal Management (Obis 1 2, 3 1) and F uture Land Use (Obj 2 5) Element 150 Amendment Needed By Eleme nt Recommendation to add amendment to Ho usi ng Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 48 49 50 Changes to Rule 9J-5, F A C 1989-2003 Requ ired the policies of the Sa nitary Sewer, Solid Waste, Stormwater Ma nagement, Potable Water and Natural Gro undwater Aqu ifer Recharge Element to establish water quality standards for stormwater recharge R equired the Con servation Element to identify and analyze groun dwater and importa nt fish or shellfish areas Requ ired policies of the con servation eleme nt to address land uses known to affect adversely the quality an d qu antity of water sou rces, inclu ding natu ral groun dwater recharge areas, well head protection areas and surface waters used as a source of pu blic water supply, an d the protection and con serv ation of wetlands February 20, 1996 51 52 Repealed rule requirements for the Traffic Circulation Elemen t, Mass Transit Element, Ports, Aviation an d Related Facilities Element Note Certain local go vernments mu st con tinu e to prepa re these elements pursu ant to 163 3177 F S a nd 9J-5 019 FA C Repealed rule requirements for the Recreation and Open Space Element Note Section 163 3177 F S requires loca l govern ments to Wallace Roberts & Todd, LLC 9J-5, F A C Citations 9J-5 011(2) NA Addressed (where/how) Infrastr ucture (Goal 1), Intergovernmental Coordination (Obi 1 2), a nd Co nservation and Coastal Management (Obi 1 2) Elements Amendment Needed By Element 9J-5 013(1) 9J-5 013(2) and (3) Conservation a nd Coastal Management Element (Obi 1 2, 1 7) Conservatio n and Coastal Management Eleme nt 9J-5 007, 9J- 5 008, and 9J- 5 009 X 9J-5 014 Recreatio n and Open Space Element 151 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 53 Changes to Rule 9J-5, F A C 1989-2003 prepare this element Repealed rule requirements for co nsistency of local gov ernment comprehe nsive plans with Comprehensive Regional Pohcy Plans and with the Sta te Comprehensive Pla n Note Local government comprehensive plans are required by section 163 3184(1)(b) F S to be consistent with the applicable Strategic Regio nal Policy Plan an d the State Co mprehensive Plan October 20, 1998 54 9J-5,FAC Citatio ns NA Addressed (where/how) Ame ndme nt Needed By Element Established requirements for the Pu blic School Facihties Element for Public School Con cu rren cy for local gov ernments that adopt school con currency March 21, 1999 55 56 57 Defined public tran sit and stormwater management facilities 9J-5 021 X E valuation and Appraisal Report 9J-5 025 Intergo vernmental Coordinatio n Revised the defin itions of affordable housing, coastal plannin g area, port facthty, and wetlands Repeal the definitions of adju sted for family size, adju sted gross income, development, high recharge area or prime recharge area, Wallace Roberts & Todd, LLC 9J-5 003 Procedural 9J-5 003 9J-5 003 Proced ural, Housing and Conservatio n a nd Coastal Management Eleme nts 152 Housi ng Eleme nt VILLAGE OF KEY BISCAYNE 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 Citatio ns NA Addressed (where/how) Amendment Needed By Element mass transit, paratransit, p ubhc facilities, very low-income family 58 Rev ised provisions relati ng to adoption by referen ce into the local comprehensi ve plan 9J-5 005(2)(g) a nd (8)0) Procedural 59 Repealed tran smittal requirements for proposed evaluation an d appraisal reports, submittal requ irements for adopted ev aluation and appraisal reports, cnteria for determining the sufficiency of adopted ev aluation and appraisal reports, procedures for adoption of evaluatio n an d appraisal reports Note tra nsmittal requ irements for proposed evaluation a nd appraisal reports and submittal requ iremen ts for adopted evaluation and appraisal reports were in co rporated Rule Chapter 9J-11 FA C 9J-5 0053(2) thro ugh (5) Procedural Evaluation and Appraisal Report 60 Repealed condition s for de mimmis impact and referenced condition s in subsection 163 3180(6), F S 9J-5 0055(3)6 Procedural 61 Required the future lan d use map to show the transportation concurrency exception area bou ndanes of such areas hav e been designated and areas for possible fu tu re municipal incorporation 9J-5 006(4) X 62 Required objectiv es of the Sanitary Sewer, Solid Waste, Stormwater Management, Potable Water and N atu ral Groundwater Aquifer Recharge Elemen t to address protection of high 9J-5 011(2) I nfrastructure (Obj 1 1), Conservatio n a nd Coastal Manageme nt (Obj 1 2) Elements Wallace Roberts & To dd, LLC 153 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to Rule 9J-5, F A C 1989-2003 recharge and prime recharge areas 63 Repealed the Intergo ver nme ntal Coordin ation Element process to determine if development proposals would have significant impacts on other local governments or state or regional resou rces or facilities, and pro visions relating to resolution of disputes, m odification of dev elopmen t orders, and the rendering of dev elopment orders to the Department of Commun ity Affairs (D CA) 64 Clarified that local gov ern men ts not located within the urban area of a Metropolitan Plannin g Organization are required to adopt a Traffic Circulation Element an d that local governmen ts with a population of 50,000 or less are n ot required to prepare Mass Transit an d Ports, Av iation an d Related Facihties Elements Wallace Ro berts & Todd, LLC 9J-5, F A C Citations NA Addressed (where/how) Amendment Needed By Element 9J-5 015(4) X 9J-5 019(1) X 154 VILLAGE OF KEY BISCAYNE 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 65 Required objectives of the Transportatio n Element to 9J-5 019(4)(b) • Coordination the siti ng of new, or ex pan sion of existi ng ports, airports, or related facilities with the Fut ure Lan d Use, Coastal Management, and Conservation Elements, X • Coordin ation surface transportation access to ports, airports, and related facilities with the traffic circulation system, X • Coordination ports, airports, and related facilities plans with plan s of other tran sportatio n prov iders, 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 Tran sportation Elemen t to 9J-5 019(4)(c) Provide for safe and conven ient on -site traffic flow, Transportation Circulation Element (Obi 1 1) Establish measures for the acqu isition and preservation of pu blic transit rights -of- way and comdors, Transportation Circ ulatio n Eleme nt (Obi 1 4) Wallace Ro berts & To dd, LLC 155 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 67 68 Changes to Rule 9J-5, F A C 1989-2003 Promote ports, airports a nd related facilities development and expansion, Mitigate adverse structural and no n- structu ral impacts from ports, airports an d related facilities, Protect and con serve natural resources within ports, airports and related facilities, Coordinate in termodal management of su rface and water transportation withi n ports, airports and related facilities, and Protect ports, airports and related facilities from encroachmen t of incompatible land uses Added standards for the review of lan d dev elopment regu lation s by the D epartment A dded criteria for determinin g con sistency of land developmen t regu la tions with the comprehensive plan Febru ary 25, 2001 69 70 Defined gen eral lan es 9J-5, F A C Citations NA X Addressed (where/how) Ame ndment Needed By Element X X X X 9J-5 022 9J-5 023 Procedural Procedural Fut ure La nd Use Eleme nt (Obi 1 1) Revised the defin ition of "marine wetlan ds " Wallace Roberts & Todd, LLC 9J-5 003 9J-5 003 Procedural Tra nsportatio n Circ ulation Eleme nt Procedural Conservatio n and Coastal Manageme nt Eleme nt 156 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Changes to R ule 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 "p ubhc facihties and serv ices " 9J-5 003 X 72 Revised procedures for mo nitori ng, evaluating and appraising implementatio n of local comprehensiv e plans 9J-5 005(7) Eval uation and Appraisal Report 73 Repealed requirements for evaluation and appraisal reports and evaluation and appraisal amendments 9J-5 0053 X 74 Revised con curren cy management system requirements to in clu de provisions for establishmen t of pubhc school concurrency 9J-5 005(1) and (2) Intergovernmental Coordination (Obj 1 1) 75 A uthorized local gov ernments to establish multimodal transportation lev el of service standards and established requirements for multimodal transportation districts 9J-5 0055(2)(b) and (3)(c) X 76 Au thorized local governments to establish level of service stan dards for general lanes of the Florida In trastate Highway System within u rban ized areas, with the concurrence of the Department of Tran sportation 9J-5 0055(2)(c) Tra nsportation Circulation (Obj 1 1) 77 Provide that pubhc tran sit facilities are not subject to con curren cy requiremen ts 9J-5 0055(8) Procedural 78 Au thorized local comprehensive plans to permit multi -use developmen ts of region al impact to satisfy the tran sportation concurrency requirements by payment of a proportionate share contribu tion 9J-5 0055(9) Capital Impro vements Element Wallace Robe rts & Todd, LLC 157 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 79 80 81 82 83 Changes to Rule 9J-5, F A C 1989-2003 Requ ired the future land use map to show mu ltimodal transportatio n district boundaries, if established Au thorized local governments to establish multimodal transportation districts a nd, if established, required local governments to establish design standards for such distncts Requ ired data for the Housin g Element i ncl ude a description of su bstandard dwelling units and repealed the requiremen t that the housing in ven tory in clude a locally determined definition of stan dard and substandard housing con ditions Authorized local govern ments to supplement the affordable hou sing needs assessment with locally generated data and repealed the au thorization for local gov ernmen ts to conduct their own assessmen t Required the Intergov ernmental Coordin ation Elemen t to include objectives that ensure adoption of interlocal agreements within one year of adoption of the amen ded Intergov ern mental Coordin ation Element and ensure intergov ernmen tal coordination between all affected local gov ernments an d the school bo ard for the purpose of establishin g requiremen ts for pu blic school concurrency Wallace Roberts & Todd, LLC 9J-5, F A C Citatio ns 9J-5 006(4) 9J-5 006(6) 9J-5 010(1)(c) NA X X Addressed (where/how) Housi ng Element (Obj 17) Amendme nt Needed By Element 91-5 10(2)(b) Housing Eleme nt (Obj 1 4) 9J-5 015(3)(b) Housi ng Element (Obis 1 1, 1 2,1 3) 158 VILLAGE OF KEY BISCAYNE EVALU ATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 84 85 Changes to Rule 9J-5, F A C 1989-2003 Required the Intergovernmental Coordination Elemen t to include Policies that provide procedures to identify an d implement joi nt plan ning areas for purposes of annexation, municipal incorporation and joint infrastructure service areas, Recogn ize campu s master plan a nd provide procedures for coordination of the campus master development agreemen t, Establish join t processes for collaborative plan ning and decision -making with other units of local gov ernmen t, Establish joint processes for collaborative plann ing and decision making with the school board on popula tion projection s an d sitin g of pubhc school facilities, Establish joint processes for the sitmg of facilities with coun ty -wide significan ce, and A doption of an interlocal agreement for school concurren cy Required the Capital Improvemen ts Elemen t to in clude implementation measures that prov ide a five-year financially feasible public school Wallace Roberts & Todd, LLC 9J-5, F A C Citations 9J-5 015(3)(c) 9J-5 016(4)(a) NA Addressed (where/how) Amendment Needed By Element Housi ng Element (Obi 1 2) X Ho using Eleme nt (Obi 1 1, 12, 1 3) Housing Element (Obi 1 1) Ho using Element (Obi 1 1, 1 2, 1 3) X Ho using Element (Obj 1 1) 159 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 86 87 88 Changes to R ule 9J-5, F A C 1989-2003 facilities program that demo nstrates the adopted level of service sta ndards will be achieved and maintained and a schedule of capital improv ements for multimodal transportation districts, if locally established Required the Tran sportation Eleme nt a nalysis for mu ltimodal transportation districts to demonstrate that commun ity design elements will reduce v ehicle miles of trav el and s upport an in tegrated, multi -modal transportation system Requ ired Tran sportation Element objectives for multimodal transportation districts to address provision of a safe, comfortable an d attractive pedestrian en viron ment with conv enien t access to public transportation Au thorized local governments to establish level of serv ice standards for gen eral lanes of the Florida Intrastate Highway System within urbanized areas, with the concu rrence of the D epartment of Tran sportation Wallace Roberts & Todd, LLC 9J-5,FAC Citations 9J-5 019(3) 9J-5 019(4) 9J-5 019(4)(c) NA X X Addressed (where/how) Tra nsportation Circ ulatio n (Obi 1 1) 160 Amendment Needed By Element VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN Wallace Roberts & Todd, LLC 161 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Flonda 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 Wallace Roberts & Todd, LLC 162 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 163 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 6 Conclusions and Recommendations FUTURE LAND USE Recommendation FLU1 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 recategonzed 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 Wallace Roberts & Todd, LLC 165 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 Wallace Roberts & Todd, LLC 164 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN 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 electnc 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 14 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 Wallace Roberts & Todd, LLC 166 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN onginally 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 Histonc 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 Flonda 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 Wallace Roberts & Todd, LLC 167 VILLAGE OF KEY BISCAYNE EVALUATION AND APPRAISAL REPORT (EAR) OF THE KEY BISCAYNE MASTER PLAN • 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, FS (5)(d), provisions should be included for granting concurrency exceptions Recommendation Cl2 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 Wallace Roberts & Todd, LLC 168 RESOLUTION NO 2006-15 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REQUESTING MIAMI-DADE COUNTY TO IMPROVE THE BICYCLE LANE ALONG THE RICKENBACKER CAUSEWAY, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Miami -Dade County is presently prepanng to implement certain improvements to the Rickenbacker Causeway, and WHEREAS, in connection with the scheduled County improvements to the Rickenbacker Causeway, the Village Council recommends that the County design and install bicycle lane improvements which will enhance the safety of bikers and promote better biker and motor vehicle compatibility and safety, and WHEREAS, the Village Council respectfully requests that the County consider establishing better road surface markings for the protection and designation of bicycle lanes and consider designating a greater road surface width for the bicycle lane at the Rickenbacker Causeway 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 above stated recitals are hereby adopted and confirmed Section 2 County Action Requested That the Village Council respectfully requests that Miami -Dade County cause the design and installation of enhanced bicycle lanes for the bike lane situated along the Rickenbacker Causeway, as descnbed herein Section 3 Implementation That the Village Manager is hereby authorized to take any and all action which is necessary to implement the purposes of this Resolution Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 9th day of May, 2006 4.0(4,,c, LL, MAYOR ROBERT OLDAKOWSKI AT HITA H ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFI IL AGE ATTORNEY 103 001/Resolutions/Improving Bicycle Lane Along Rickenbacker Causeway 4 25 06 2 RESOLUTION NO 2006-16 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REQUESTING MIAMI-DADE COUNTY TO MAINTAIN THE PRESENT ENTRANCES AT CRANDON PARK, AND NOT TO INSTITUTE ANY ADDITIONAL SOUTH ENTRANCE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne, Flonda, has learned that Miami -Dade County is considering creating and opening a third entrance at the far south end of Crandon Park (the "Park"), which would be the Park entrance which is closest to the Village of Key Biscayne, and WHEREAS, the Village Council finds that opening of a third Park entrance in close proximity to the Village of Key Biscayne would adversely impact traffic conditions closest to the Village, and WHEREAS, the Village Council finds that given the substantial length of the Park, it is not logical to institute a Park entrance which is further to the south than the existing entrances, and WHEREAS, the Village Council requests that Miami -Dade County maintain the existing Park entrances in their present location and not open an additional entrance situated in close proximity to the Village, and WHEREAS, the Village Council requests that Miami -Dade County utilize the Park entrance which is the furthest to the north on those days in which the County finds that it is not necessary to use both of the existing two (2) Park entrances 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 above stated recitals are hereby adopted and confirmed Section 2 County Action Requested That the Village Council respectfully requests that Miami -Dade County not open a southern entrance to the Park, and that instead the County maintain the existing locations of the Park entrances Further, the Village Council respectfully requests that on those days that the County determines it is not necessary to provide two (2) Park entrances, that the northern most existing Park entrance be utilized for Park visitors Section 3 Implementation That the Village Manager is hereby authonzed to take any and all action which is necessary to implement the purposes of this Resolution Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 9th day of May, 2006 /(.0letatt MAYOR ROBERT OLDAKOWSKI HITA H ALVAREZ, CMC, VILLAGE CLERK HITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENiC i; �,. f „tut. LUIS PLORs VILLAGE ATTORNEY 103 001/Resolutions/Maintain Present Entrances at Crandon Park 4 25 06 2 RESOLUTION NO 2006-17 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN SKYLINE MANAGEMENT GROUP, INC ("SKYLINE") AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR AMENDMENT TO AGREEMENT BETWEEN THE VILLAGE AND SKYLINE CONCERNING SKYLINE'S PROVISION OF SERVICES TO THE VILLAGE AS THE OWNER'S REPRESENTATIVE FOR VILLAGE PROJECTS, AUTHORIZING IMPLEMENTATION, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council, in accordance with the Memorandum of the Village Manager, desires to amend the Village of Key Biscayne Agreement for Professional Services, as initially entered into between the Village and Skyline Management Group, Inc ("Skyline"), as of Apnl 26, 2003, as previously amended, concerning professional services as Owner's Representative for certain projects of the Village, and WHEREAS, the Village finds that approval of the Third Amendment to Agreement is in the best interest of the Village 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. Amendment to Professional Service's Agreement Authorized. That the Third Amendment to Professional Services Agreement (the "Third Amendment to Agreement") between the Village and Skyline for Owner's Representative services, is hereby approved and the Village Manager is hereby authorized, on behalf of the Village, to execute the Third Amendment to Agreement, in substantially the form attached hereto, once approved as to form and legal sufficiency by the Village Attorney Section 3 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement this Resolution and the Third Amendment to Agreement Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 9th day of May, 2006 AT CHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC tilt k__ VILLAGE ATTORNEY A2(614.(zoi. MAYOR ROBERT OLDAKOWSKI 1 F \100\103001\Resolutions\Third Amended Professional Services Agreement Re Skyline Management Group 4 26 06 2 THIRD AMENDMENT TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES This Third Amendment to Agreement, made and entered i ���"/ gr into this day of May, 2006, by and between the Village of Key Biscayne (the "Village") and Skylme Management Group, Inc , a Florida corporation (the "Consultant") RECITALS The Village and Consultant have entered into that certain Village Agreement for Professional Services (the "Agreement"), dated April 26, 2003, by which the Village initially engaged Consultant to perform certain professional services as Owners Representative for the Village's Community Center Project, as descnbed in the Agreement, as amended by Amendment of August 3, 2004 and by Amendment of April 12, 2005, and The Village and Consultant now desire to further amend the Agreement, pursuant to this Third Amendment to Agreement, for the purpose of further amending the Scope of Services, total amount of fees for services, and length of the term of the Agreement In consideration of the mutual covenants set forth in this Third Amendment to Agreement, the parties hereby agree as follows 1 Agreement Amended, That the above -described Agreement, as previously amended, is hereby further amended, as follows (1) That the followmg additional specified services are added to Section 1 "Scope of Services" of the Agreement, as subparagraphs vin to xii, inclusive, of paragraph (A) thereof, to read as follows vin provide contract administration services and all other services as requested by the Village Manager m order to facilitate the completion of the Crandon Boulevard Improvement Project of the Village, ix provide contract admlmstration services and all other services as requested by the Village Manager in order to facilitate the completion of the Community School Playing Field Project of the Village, x provide contract administration services and all other services as requested by the Village Manager m order to facilitate the completion of the Calusa Park Pavilion Renovation Project of the Village, xi provide contract adnnnlstration services and all other services as requested by the Village Manager in order to facilitate the completion of the Skate Park Project of the Village, xii provide contract administration services and all other services as requested by the Village Manager for all other projects which are assigned by the Village Manager to the Consultant in accordance with any required Village Council authorization (2) That the duration for the term of the Agreement, as provided in Section 3 "Term" of the Agreement, as twice previously amended, is hereby further amended to provide for a further twenty four (24) month extension, so as to have an extended duration from September 30, 2005 to September 30, 2007 Accordingly, the term of the Agreement, as amended by this Third Amendment to Agreement, shall conclude on September 30, 2007, unless extended by the Village Manager or earlier terminated pursuant to Section 8 of the Agreement or by early completion of all construction, including the Projects described m paragraph (1) above However, m the event that the Village Council does not budget funds for the payment of this Agreement, for the Village Fiscal Year which commences on October 1, 2006, the term of this Agreement shall conclude on September 30, 2006 (3) That the fees for services, as provided m Section 2 "Fees for Services, Office Space" of the Agreement as previously amended, is hereby further revised by amending the total compensation authorized, to provide for compensation of up to $240,000 00 for each year of the two (2) year term of this extension (calculated at a rate not to exceed $20,000 00 per month) for the existing and additional services which are added to the Scope of Services and for the extended term of the Agreement II Effect Upon Agreement, The Agreement, as previously amended, shall remain in full force and effect, except as amended herein by this Third Amendment to Agreement The effective date of the Third Amendment to Agreement shall be retroactive to October 1, 2005 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Third Amendment to Agreement upon the terms and conditions above stated on the day and year first above wntten, effective as provided herein CONSULTANT SKYLINE MANAGEMENT GROUP, INC 4040 Northeast Second Avenue, Suite 305 Miami, FL 3 313 By Pa e - sident VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Bisca e, FL 33149 By e--52 Jacqueline R Men - ndez Village Manager Approved as to Form and Legal Sufficiency Village Attorney Approved pursuant to Cou ' esolution No F \103001\Agreements\Third Amendment to Village of Key Biscayne Agreement 4 26 06 oteg -/7 RESOLUTION NO 2006-18 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A BEACH MANAGEMENT PLAN FOR ACTIVITIES WITHIN THE GOVERNMENT USE DISTRICT, PROVIDING FOR CONDITIONS, PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 30-102 of the Code of Key Biscayne, Flonda, recreational activities are permitted within the Government Use Distnct upon approval of a Beach Management Plan by the Village Council, and WHEREAS, the applicant, The Ritz -Carlton, located at 455 Grand Bay Dnve, Key Biscayne, Flonda has submitted a Beach Management Plan proposing the use and operation of recreational activities within the Government Use Distnct for approval by Village Council, and WHEREAS, a public hearing of the Village Council was advertised and held, as required by law, and all interested parties were given an opportunity to be heard, and WHEREAS, the Village Council having considered the evidence presented, finds that the proposed activities comply with the requirements of the applicable codes and ordinances and do not constitute a threat to public safety or welfare, or constitute a danger or impediment to the public beach area to the extent the application is granted herein 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 Approval of Beach Management Plan In accordance with Section 30-102 of the Village Code, the Village Council hereby authorizes and approves the Beach Management Plan, attached and incorporated herein Section 3 Conditions. The Beach Management Plan as approved, is subject to the following conditions (1) Dunng storage all lounges and chairs shall be stacked and chained together at a height not to exceed 4 feet (2) Except for the authonzed emergency rescue vessel, the use of motonzed vessels is absolutely prohibited (3) The emergency rescue vessel shall be used solely for emergency rescue purposes and shall not be used to transport passengers or equipment to and from the beach for the purpose of assisting any non-motonzed vessel/water equipment rental operation(s) (4) The emergency rescue vessel shall have a four stroke engine or the best available technology, be equipped with an operational manne radio or wireless phone, and shall satisfy all U S Coast Guard safety requirements (5) Dunng permitted hours of operation the emergency rescue vessel shall be moored in the water or located at a site approved by the Village Public Works Director (6) None of the permitted activities, including the storage of any equipment and the placement of chairs and umbrellas, shall be maintained or conducted within fifteen (15) feet of the waterline The fifteen (15) foot access pathway shall be clear at all times for emergency access and Village patrol (7) Failure to comply with the provisions of the Beach Management Plan as approved, or the conditions of this Resolution shall result in automatic revocation of Beach 2 Management Plan approval Section 4. Implementation That the Village Manager is hereby authonzed to take any action which is necessary to implement this Resolution Section 5. Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of May, 2006 /Gr2cecu cm L, MAYOR ROBERT OLDAKOWSKI 4A/a-,„, CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE 1 .--11)111 VILLAGE ATTORNEY F \100\103001\Resolutions\Resolution Approving Beach Management Plan Ritz doc 3 VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council ert Oldakowski Mayor rt L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patncia Weinman Village Manager queline R Menendez DATE TO Honorble mbers of the Village Council FROM J. �=• e( e e e Village Manager RE : each Management Plan — The Ritz -Carlton Hotel Key Biscayne ne May 16, 2006 RECOMMENDATION It is recommended that the Village Council approve the Beach Management Plan submitted by The Ritz -Carlton Hotel with the following conditions 1 Non -motorized vehicles and water equipment operation • As specified under section 30-102 of the Village code subsection (e)(2) the use of motorized vessels is absolutely prohibited except for an authorized rescue vessel approved under subsection (g)(9) The use of any other motorized watercraft is not allowed • The use of this one motorized rescue vessel should not be used to assist the non -motorized vehicle and water equipment operation in regards to transporting people or towing equipment to and from the beach • As specified under section 30-102 of the Village code subsection (g)(9) this one vessel shall have a four stroke engine or best available technology, be equipped with an operational marine radio or wireless phone and shall satisfy all U S Coast Guard safety requirements 2 Clear passage for emergency access and patrolling purposes • As specified under section 30-102 of the Village code subsection (g)(6) none of the permitted activities including the storage of any equipment shall be maintained or conducted within 15 (fifteen) feet of the waterline This applies to the placement of chairs and umbrellas as well • The Village needs this 15 (fifteen) feet pathway clear at all times for emergency access and for patrolling the beach BACKGROUND Ordinance 2005-5 amended the Zoning and Land Development Regulations contained in Chapter 30 of the Village code for the purpose of protecting the public beach areas and the public s right of access to the public beach areas within the jurisdictional limits of the Village The Village reevaluated the zoning regulations applicable to the Government Use District of the Village Zoning The first reading was passed and adopted on April 26th 2005 and the second reading was passed and adopted on May 24th 2005 cc David M Wolpin, Esq Village Attorney Vest McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 1 1StiION STATEMENT TO 1 RO\ IDE A SAFE QUALITY COMMUNIT\ EN\ IRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GO\ ERNMENT www keybiscayne fl gov Department of Public Works 88 West McIntyre St , Suite 230 • Key Biscayne, FL 33149 • Phone (305) 365-8945 • Fax (305) 365-!(bi' VILLAGE OF KEY BISCAYNE BEACH MANAGEMENT PLAN - PERMIT APPLICATION Name of Property Permit Number BMP-01 The Ritz -Carlton Hotel, Key Biscayne Street Address of Property 455 Grand Bay Drive, Key Biscayne, FL Legal Description Lot(s) Tract A of Grand Bay Resort and Residences, according to the Plat thereof, recorded in Plat Book 147, Page 23, of the Public Records of Miami -Dade County, Florida Less and except the "Condominium Lot", as defined in that certain Declaration of Covenants, Restrictions and Easements for Grand Bay Resort dated May 3, 2001, made by G B Hotel Partners, Ltd , a Florida limited partnership, and recorded on May 16, 2001 in Official Records Book 19670 at Page 3963 among the Public Records of Miami -Dade County, Florida Name of Applicant Address Phone No Name of Property Owner (if Different from Applicant) Address Phone No Mr Marco Selva, General Manager The Ritz -Carlton, Key Biscayne, FL 455 Grand Bay Drive, Key Biscayne, FL (305) 365-4183 GB/JT Hotel Partners, LLP 3250 Mary Street, Coconut Grove, FL (305) 445-4220 Proposed Hours of Operation Please see attached Proposed Area of Operations Please see attached Proposed Storage Area Location Please see attached Contents If Applicable, Proposed Storage, Hours of Use, and Method of Fueling for Please see attached All Terrain Vehicle Village of Key Biscayne Beach Management Plan — Permit Application Page 2 If Applicable, Number and Type of Proposed Non -Motorized Vessels1 Please see attached All applications must be accompanied by • A detailed and dimensioned site plan depicting the type and location of all proposed activity(ies), structures, garbage containers, storage areas, and where the use of Vessels is proposed, the location of the proposed channel (subject to Council approval) • Indemnity and Insurance form (with Village as additional insured) in a form and amount approved by Village Attorney o See attached form • Proof of ownership of adjacent upland property or written authorization from upland property owner • Proposed safety & emergency plan (including storm management/preparation) o The set plan must be fully implemented upon issuance of a "hurricane warning" by Miami -Dade County • Application fee plus the annual inspection fee for the approved activity as established by resolution pursuant to Section 30-4 of the Village Code • Any additional information as reasonably required by the Village Manager 1 / The use of motorized vessels is prohibited except for one (1) personal watercraft as defined in Section 327 02 F S maintained in good working condition and available for emergency rescue purposes only in accordance with Section 30-102(g)(9) of the Village Code COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the Village ) in, accordance with Section 30-102(f) of the Village Code of Ordinances, et 4.3 T fik (�` ce.Asj Lp (the ' Applicant") hereby covenants and agrees as follows 1 Applicant shall defend, indemnify, and hold harmless the Village its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death sustained by any person w homsoever which said claim demand, suit loss cost expense or damage arises out of or is incidental to or in any way connected with (1) Applicant s establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant s Beach Management Plan (2) Village approval of Applicant's Beach Management Plan or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the Covenant ) This Covenant shall survive the termination or expiration of the Beach Management Plan approval 2 Throughout Applicant s establishment, use and/or operation of recreational acts` ities within the Go` ernment Use Zoning Distnct as specified in the appro\ ed Beach Management Plan, Applicant shall maintain the follow mg A Commercial general liability insurance for bodily injury death or property damage occasioned by any act 01 occurrence ansing out of or in connection with Applicant s establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant s Beach Management Plan w ith minimum liability limits of $1,000,000 00 for bodily injury or death of any one person and $3 000,000 00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1 000 000 00 for damage to property resulting from any one incident This shall include coverage for premises/operations, products/completed operations contractual liability, and independent contractors This policy shall include coverage for contractual liability specifically covering the indemnity set forth in this Covenant The Village shall be named as an additional insured on this policy B Automobile liability in the amount of $1,000,000 00 per occurrence combined single limit for bodily injury and property damage covering all vehicles owned leased, rented or otherwise hired or used by Applicant in association with Applicant s establishment use, and/or operation of recreational activities within the Go\ ernment Use Zoning District as specified in Applicant s Beach Management Plan The Village shall be named as an additional insured on this polic\ C Workers compensation and employer's liability, as required by Florida Statutes 3 Simultaneously with its delivery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of insurance indicating that the abo‘ e referenced insurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that in the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs at both the trial and appellate level 5 Applicant represents that Applicant has the full nght, title and authonty to enter into this Covenant and to make the provisions hereof binding and in full force and effect IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the `' day of it 2005 APPLICANT WITNESS 41, 11, eft J ) J B y Lp-- J Pr BY oL=.5a r 7' L Title �t., /�,.. S, Accepted by Village of Key Biscayie this day of , 2006 ILLAGE MANAGE ATTEST COI ,HITA ALVAREZ C fC A.1 AGE CLERK APPROVED AS TO FORM AND LEGAL S IENCY VILLAGE TTO F 1030(1 Age is Co t of 1 d mn Fc to d o THE RITZ ETON Hours of Operation Beach Equipment Hour Non -motorized vehicles and Water Equipment 10:00 5.00 a m — p.m Chairs, umbrellas, and, cabanas Sunrise to sunset THEE-CARL7oN Staffing Staff for the operation includes: • Beach Manager, and • Four (4) to Eight (8) staff members based on the number of transient and group guests THE RITZ CARLTON Beach Equip ent Beach Equipment for the operation includes the following: • Chairs • Umbrellas • Cabanas • Towels • Paddle Boats • Kayaks • Hobie Cats • Trampoline THE RITZ CAFLTO N4 Setback & Restrictions Beach Equipment will be set up with the following setbacks: • 15 feet from the waterline • 20 feet side setback from G rand Bay Club • 100 feet side setback from the Sands condominium • 5 feet from the dun es Restrictions: • Beach Equipment and activities will only occur in front of the Hotel in the areas designated in the attached site plan. • All equipment will be removed at sun down and stored in the areas identified on the attached site plan THE Razz-C.r. RIxo N 4 Motorized Vehicles Motorized vehicles for the operation include: • One (1) golf cart to assist in mov ing equipment, and replenishing items needed for daily business • One (1) John D eere tractor utilized to rake the beach each morning • One (1) wav erunner/jet ski to assist in emergency situations only. Note: • Golf cart is electric and requires no fueling. • Emergency waverunner and the tractor will be fueled off of the beach TFu RITZ RJT Non -Motorized Equipment Non- Motorized equipment for the operation includes: • Paddle Boats • Kayaks • Hobie Cats • Trampoline Note: • Only six (6) non -motorized watercraft will appear on the beach d uring hou rs of operation • The non -motorized vehicles will be operated through the proposed Ritz channel as identified on the attached site plan • The non -motorized vehicles will be marked in blue to represent the Ritz -Carlton Hotel, Key Biscayne • Non -motorized crafts will be stored off beach and in cove in the area identified on the attached site plan TTKFRazOtatTole Storage Locations All Beach Equipment will be stored in the areas identified on the attached site plan. Ti -m RITZ CARLTQN4 Emergency Procedures Please see the attached Emergency Plans for the following • Hurricane Watch • Hurricane Warning • Hurricane Evacuation THE RIC, R1 N4 Safety Plan In the ev ent of an emergency: 1. Staff will inform The Ritz -Carlton Loss Prevention department of the emergency, who will then call 911. 2. All staff is trained in both First Aid and CPR and will begin providing emergency care until rescue arrives. .1=3s -r - brae- cina)S „er vekicl u n hatis 04-operahm E!� atj''ya Gorthl rlet 3 %lOh `2�OO ale -Dyi COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the Village ) in accordance with Section 30-102(0 of the Village Code of Ordinances, 3 T 3j fc ( l' kf teAs Lp (the ' Applicant") hereby covenants and agrees as follows 1 Applicant shall defend, indemnify, and hold harmless the Village its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death sustained by any person whomsoever, which said claim, demand, suit, loss cost expense or damage arises out of or is incidental to or in any way connected with (1) Applicant s establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant s Beach Management Plan, (2) Village approval of Applicant s Beach Management Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the "Covenant") This Covenant shall survive the termination or expiration of the Beach Management flan approval 2 Throughout Applicant's establishment, use and/or operation of recreational activities within the Government Use Zoning Distnct as specified in the approved Beach Management Plan, Applicant shall maintain the follow mg A Commercial general liability insurance for bodily injury death, or property damage occasioned by any act or occurrence ansing out of or in connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant s Beach Management Plan, w ith minimum liability limits of $1,000,000 00 for bodily injury or death of any one person and $3 000,000 00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000 00 for damage to property resulting from any one incident This shall include coverage for premises/operations, pioducts'completed operations contractual liability, and independent contractors This policy shall Include coverage for contractual liability specifically covering the indemnity set forth in this Covenant The Village shall be named as an additional insured on this policy B Automobile liability in the amount of $1,000,000 00 per occurrence combined single limit for bodily injury and property damage covering all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant s establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant s Beach Management Plan The Village shall be named as an additional insured on this polio C Workers compensation and employer s liability, as required by Florida Statutes nu' lu lh�-- 3 Simultaneously with its deli` ery of the executed Covenant Applicant shall deli\ er to the Village Manager certificates of insurance indicating that the abo` e referenced insurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that in the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the tnal and appellate level 5 Applicant represents that Applicant has the full nght, title and authority to enter into this Coy enant and to make the provisions hereof binding and in full force and effect IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the . '" day of ))/t),t-r -2-e-i— 2005 APPLICANT WITNESS By i 1 1��y�lf ) By Title Accepted by Village of Key Biscayne this day of 2005 1 VILLAGE MANAGER ATTEST CONCHITA ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY F 1030(1 Ag net Co na tor! d m fc t d Certificate of Insurance This cesti icate is iamb' ai a man, ofinfo/ma0On only and csnfets nv rights upn the certificate heaer. This cerhlrcate ties not' amend, extend' or alter the coverage afforded by the policies below. oducer echer Carlson Insurance Services Inc 02 Summit Blvd Suite 900 anta GA 30319 Coverages Th s s to certify that the pol c es of insurarce I sled beio have been ssued to the surer' nam d to the eft and a r c a t me Notw thstand ng any equ rement erm or c ndi n of any ont a t o the d umer t h espec to h r may be ssued o may perta the ns anc aff ded b the pol c es d scr bed h re n s s tie t all e Ts condit ons of such pol cies sured rriott International Inc and Subsidiaries 400 Fernwood Road thesda MD 20817 n Dept 52/924 36 (Insurance) Type of Insurance Insurance Company DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES The Ritz Carlton Key Biscayne 415 Grand Bay Drive Key Biscayne FL 33149 Div/Unit# Beach Area Activities 73 R.5_9 Policy Number Effective Date Expiration Date Issue Date November 28. 2005 Limits mmercial General Liabili Jccurrence Form remises Operations 3roducts Completed Ops American Home Assurance Co GL 574 9b 51 10 1 05 10 1 06 $5 000 000 Location Aggregate $3 000 000 Produ ts,Comp Op t,yg $2 500 000 Each Occur en A ontractual L ability $ 500 000 Retention ndependent Contractors ,ersonal Injury 3road Form Prop Damage iquor Liability tomobile kabala omprehensive Form American Home MA CA 301 77 62 10 1 05 10 1 06 $2 000 000 Combined Single Limit aired Assurance Co TX CA 301 77 63 )wned VA CA 301 77 64 Von Owned All Others CA 301 77 61 cess Liabili Jmbrella Form National Union Fire BE 4484920 10 1 05 10 1 06 $8 000 000 Each Occurrence Insurance Company $8 000 000 Location Aggregate of Pittsburgh PA $100 000 000 Policy Aggregate )rkers Compensation (Self Insured States ess Workers Compensation National Union Fire NC XWC 661 04 51 10 1 05 10 1 06 Statutory Workers Compensa ion plovers Liability Insurance Company $1 500 000 Employers L ability (each accident) American Home All Others XWC 661 04 50 $500 000 Retention Assurance Co American Home NM XWC 661 04 52 Statutory Workers Compensation Assurance Co $1 750 000 Employers Liability (each accident) $250 000 Retention )rkers Compensation rkers Compensation plovers L ability American Home Assurance Co CA WC 661 04-48 10 1 05 10 1 06 Statutory $2 000 000 Workers Compensatirn Employers Liability (each accident) Insurance Company WI WC 661 04 49 State of Penn All Others WC 661 04-47 ecial Conditions Iditional Insured Village of Key Biscayne limited to beach activities ONLY Insured States rtificate Holder Village of Key Biscayne 85 West McIntyre Street Key Biscayne Florida 33149 Cancellation Should any of the above described policies be cancelled or materially changed before the expiration date thereof the issuing company will mail 60 days written notice to th Certificate Holder named to left Authorized Representative SEE REVERSE SIDE FOR DESIGNATION OF ADDITIONAL INSURED Fidelity National Title INSURANCE COMPANY of NEW YORK CO\I IITMENT NLTiI3ER- NT03-0556 NTS FILE No 03ATL1511 Revised October 31, 2003 SCHEDULE A 1 Effective Date September 6 2003 at 8 00 A M Pol cv or Policies to be issued (a) AL1 A Owner s Pol c y (10-17 92) Florida modifcarons (b) Proposed Insured JA'JLSI OWN Key Biscayne Partners a Georgia general partnership, and GB/JT Hotel Partners L P a Flonda limited partnership as their interest may appear ALTA Loan Policy (10 17 92) with Flonda modifications Proposed Insured N A 3 I'he estate or interest ir the land described or -eferenced to m th s commitment and covered 1,erein is Fee Simple and Easemert 4 Title to the Fee S -iple Estate or nterest ,s said land is at the effective date hereof vested in G 13 Hotel Partner, Ltd a Florida 1 anted partnership 5 The land referred to in this Commitment is described as s SEE ENI-1113IT 4' ATTACHED HERETO AND MADF A PART HEREOF Counters geed FIDELITY NATIONAL TITLE INSURANCE COMP ANY OF NEW YORK Authonzed Signatory CVS/jac FORM 26 083 66 A ALT -k CO\i\IIT\ ENT (1966) Fidelity National Title INSURANCE COMPANY OF NEW YORK CONIIIII 1 MENT L'11BER NTO3 0556 RtA ised October 31, 2003 Exhibit "A ' Legal Description P \RCF L I-1 FE F SrI A I E 'N ISFir FNu 03ATL1511 Tract A of GRAND BAY RESORT AND RESIDENCFS according to the Plat thereof recorded in Plat Book 147 page 23 of the Puelhc Records of Miami Dade County Florida leas and except he Condominium Lot as defined in that certain Declaration of Covenants Restrictions and Easements for Grand Bay Resor+ dated Ma} 3 2001 made b\. G B Hotel Partners Ltd a Honda 1 mited partnership end recorded on May 18 2001 in Official Record Book 19670 page 3963 among the Public Records of Miami Dade County Flonda P 4RCEL II — FEF EST VI I The Commercial Unit as defined in the DECLARAJ ION OF G B RESORT CONDOMINIUM HOTEL made by G B Hotel Pai tiers Ltd a Flonda limited par tiiership dated May 3 2001 and recorded on May 18 2001 m Official Record Book 19670 at page 4016 among the Public Records of Miami Dade County Honda PARCEL 1JI — EASEMENT ESTATE Non exclasive easement nghts as set forth and more particularly described n that Master Covenants for Grand Bay Resort and Residences by A W L Ke} Associates a Flonda general partnership dated June 30 1995 recorded Jul} 3 1995 n Official Record Book 16837 page 54 as amended by instn..r'ent(s) recorded ir Offc al Record Boo. 16858 page 2435 and Supplemental Declaration thereto recorded March 3 i 999 in Official Record Book 18501 page 4502 and as further amended by Certificate or Amendment to Design Gu delires for Grand Bay Resort and Resider ces recorded July 21, 2000 in Official Record Book 19206 page 228 as assigned by '\ W L Key 'associates to G B Hotel Partners Ltd by instrument recorded Jul} 23 1998 in Official Record Book 18200 page 4200 and as affected b} Tern nation of Article XLX of Master Covenants for Grand Ba} Resor` and Residences recorded Septcmbe- 27 1999 in Official Record Book 18796 page 4312 in the Puolrc Records of Miami Dade County Honda PARCEL TV — EASEMENT ESTATE N,on exclus e easement nghts as set forth and more partrc.alarly described n mat Declaration of Covenarts Restrictions and Easements for Grand Bay Resort by G B Hotel Partners Ltd a Flonda 1 nu ed partnership dated May 3 2001 recorded May 18 2001 in Official Record Book 19670 page 3963 of the Public Records of Miami Dade County Flonda FOFZM 26 083 66 A ALI CON \IITMENT (19(6) The Ritz -Carlton Beach Management Hurricane Evacuation Program Action Requirement Check Stack Chairs and move to safe shelter within the hotel (Best done over two days in stages) Equipment Golf Cart Staff Members Three (3) (One person stacking on beach two people transporting) Time 4 hours Transport anchors and umbrellas to safe storage under the hotel Equipment Golf Cart Staff Members Two (2) Time 1 hour Drop masts, secure and tie sailboats under hotel Equipment Tractor & Sailboat dolly Staff Members Three (3) Time 2 hours Move emergency vehicles to tennis center Equipment Golf cart Staff Members Two (2) Time 1 hour Move bicycles to bell stand or similar storage Staff Members Four (4) Time 15 minutes Move sails and life jackets to the Ritz Kids Room Equipment Golf Cart Staff Members Two (2) Time 10 minutes Move cabanas to storage Equipment Tractor Staff Members Three Time 2 hours Move flags to storage Towel hut to be emptied Equipment Golf Cart Staff Members Two (2) Time 30 minutes Move gas/ oil containers to shed by tennis center Equipment Golf Cart Staff Members One (1) Time 20 minutes Move furniture to storage Equipment Tractor Staff Members Three (3) Time 45 minutes Contact engineering to disconnect the phone etc Tractor to be filled with diesel and put in high car park Give key to Hotel Manager Staff Members One (1) 10 minutes Ensure all bins are locked Move the large coolers to the storage shed by the tennis courts Equipment Golf Cart Staff Members Two (2) Time 30 minutes Move Golf Cart to storage in the hotel and place on charger The Ritz -Carlton Beach Mahagemeit Hurricane Warning Program Action Requirement Check Stack chairs Staff Members Two (2) Time 2 hours Transport anchors and umbrellas to safe storage under the hotel Equipment Golf Cart Staff Members Two (2) Time 1 hour Drop and secure boat masts Staff Members Two (2) Time 30 minutes Move emergency vehicles under hotel Equipment Golf cart Staff Members Two (2) Time 1 hour Move bicycles to garage Equipment Golf cart Staff Members Four (4) Time 15 minutes Move sails and life jackets to the Ritz Kids Room Equipment Golf Cart Staff Members Two (2) Time 10 minutes Move cabanas to storage Equipment Tractor Staff Members Three Time 2 hours Move flags to storage Empty towel hut Equipment Golf Cart Staff Members Two (2) Time 30 minutes Move gas/ oil containers to shed by tennis center Equipment Golf Cart Staff Members One (1) Time 20 minutes Move furniture to storage Equipment Tractor Staff Members Three (3) Time 45 minutes Tractor to be filled with diesel and put in high car park Give key to tennis center Staff Members One (1) 10 minutes Ensure all bins are locked Move the large coolers to the storage shed by the tennis courts Equipment Golf Cart Staff Members Two (2) Time 30 minutes Move Golf Cart to storage in the hotel and place on charger Staff Members One (1) Time 15 minutes . to The Ritz -Carlton Beach Management Hurricane Watch Program Action Requirement Check Stack chairs Staff Members Two (2) Time 2 hours Organize anchors and umbrellas Staff Members Two (2) Time 30 minutes Secure sailboats Staff Members One (1) Time 15 minutes Secure emergency vehicles Staff Members One (1) Time 15 minutes Move bicycles to garage Equipment Golf Cart Staff Members Two (2) Time 15 minutes Store sails and lifejackets in bins Staff Members One (1) Time 15 minutes Secure cabanas Staff Members One (1) Time 15 minutes Store flags Staff Members One (1) Time 15 minutes Secure gas and oil Staff Members One (1) Time 15 minutes Secure hut furniture Staff Members One (1) Time 15 minutes Fill tractor with diesel Staff Members One (1) Time 15 minutes Ensure all bins are locked Move large Coolers to storage shed by tennis center Equipment Golf Cart Staff Members Two (2) Time 30 minutes Move Golf Cart to storage in the shed and put on charger Staff Members One (1) Time 15 minutes J:......, .. I ti :,flt -ail Qlfll(r RESOLUTION NO 2006-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A BEACH MANAGEMENT PLAN FOR ACTIVITIES WITHIN THE GOVERNMENT USE DISTRICT, PROVIDING FOR CONDITIONS, PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 30-102 of the Code of Key Biscayne, Flonda, recreational activities are permitted within the Government Use Distnct upon approval of a Beach Management Plan by the Village Council, and WHEREAS, the applicant, Grand Club Partners, located at 425 Grand Bay Drive North, Key Biscayne, Flonda has submitted a Beach Management Plan proposing the use and operation of recreational activities within the Government Use District for approval by Village Council, and WHEREAS, a public hearing of the Village Council was advertised and held, as required by law, and all interested parties were given an opportunity to be heard, and WHEREAS, the Village Council having considered the evidence presented, finds that the proposed activities comply with the requirements of the applicable codes and ordinances and do not constitute a threat to public safety or welfare, or constitute a danger or impediment to the public beach area to the extent the application is granted herein 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. Approval of Beach Management Plan. In accordance with Section 30-102 of the Village Code, the Village Council hereby authonzes and approves the Beach Management Plan, attached and incorporated herein Section 3 Conditions. The Beach Management Plan as approved, is subject to the following conditions (1) Dunng storage all lounges and chairs shall be stacked and chained together at a height not to exceed 4 feet (2) Non-motonzed or motonzed vessels shall not be used for the purpose of transporting passengers to or from the beach for the off -island use of motorized vessels (3) Except for the authonzed emergency rescue vessel, the use of motonzed vessels is absolutely prohibited (4) The emergency rescue vessel shall be used solely for emergency rescue purposes and shall not be used to transport passengers or equipment to and from the beach for the purpose of assisting any non-motonzed vessel/water equipment rental operation(s) (5) The emergency rescue vessel shall have a four stroke engine or the best available technology, be equipped with an operational marine radio or wireless phone, and shall satisfy all U S Coast Guard safety requirements (6) Dunng permitted hours of operation the emergency rescue vessel shall be moored in the water or located at a site approved by the Village Public Works Director (7) None of the permitted activities, including the storage of any equipment and the placement of chairs and umbrellas, shall be maintained or conducted within fifteen (15) feet of the waterline The fifteen (15) foot access pathway shall be clear at all times for emergency access and Village patrol 2 (8) Failure to comply with the provisions of the Beach Management Plan as approved, or the conditions of this Resolution shall result in automatic revocation of Beach Management Plan approval Section 4 Implementation, That the Village Manager is hereby authonzed to take any action which is necessary to implement this Resolution Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of May, 2006 7/42‘44at t•--, MAYOR ROBERT OLDAKOWSKI iv° CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE i\4(7)7'1 ,r-tri--n VILLAGE ATTORNEY F \ 100\ 103001 \Resolutions\Resolution Approving Beach Management Plan Ritz doc 3 VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council Robert Oldakowski Mayor Robert L Vernon Vice Mayor Enrique Garcia Steve Liedman Jorge E Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R Menendez DATE May 16, 2006 TO H n • able - y_o_01, embers of the Village Council F.. FROM J • ue "'IVIe , Village Manager RE each Management Plan — The Grand Bay Club Key Biscayne RECOMMENDATION It is recommended that the Village Council approve the Beach Management Plan, submitted by The Grand Bay Club, with the following conditions 1 Non -motorized vehicles and water equipment operation • As specified under section 30-102 of the Village code subsection (e)(2) the use of motorized vessels is absolutely prohibited, except for an authorized rescue vessel approved under subsection (g)(9) The use of any other motorized watercraft is not allowed • The use of this one motorized rescue vessel should not be used to assist the non -motorized vehicle and water equipment operation in regards to transporting people or towing equipment to and from the beach • As specified under section 30-102 of the Village code subsection (g)(9) this one vessel shall have a four stroke engine or best available technology be equipped with an operational marine radio or wireless phone and shall satisfy all U S Coast Guard safety requirements 2 Clear passage for emergency access and patrolling purposes • As specified under section 30-102 of the Village code subsection (g)(6) none of the permitted activities including the storage of any equipment shall be maintained or conducted within 15 (fifteen) feet of the waterline This applies to the placement of chairs and umbrellas as well • The Village needs this 15 (fifteen) feet pathway clear at all times for emergency access and for patrolling the beach BACKGROUND Ordinance 2005 5 amended the Zoning and Land Development Regulations contained in Chapter 30 of the Village code for the purpose of protecting the public beach areas and the public s right of access to the public beach areas within the jurisdictional limits of the Village The Village reevaluated the zoning regulations applicable to the Government Use District of the Village Zoning The first reading was passed and adopted on April 26th 2005 and the second reading was passed and adopted on May 24th 2005 cc David M Wolpin Esq Village Attorney 88 West McIntS re Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365 5500 • Fax (305) 365 8936 MIISSION STkTEMEI\T TO I RO\ IDE A SgFE QUALIT). COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT www keybzscayne fl gov Department of Public Works 88 West McIntyre St , Suite 230 • Key Biscayne, FL 33149 • Phone (305) 365 8945 • Fax (305) 365 7757 VILLAGE OF KEY BISCAYNE BEACH MANAGEMENT PLAN - PERMIT APPLICATION Name of Property Street Address of Property Legal Description Lot(s) Name of Applicant Address Phone No Name of Property Owner (if Different from Applicant) Address Phone No Proposed Hours of Operation Proposed Area of Operations Proposed Storage Area Location Contents Permit Number BMP-02 Grand Bay Club 425 Grand Bay Drive North Grand Club Partners 425 Grand Bay Drive North, Key Biscayne, FL 33149 305-361-2900 Same Same Same Sunset to Sundown Beach Front — in front of dunes Chaise Lounges, umbrellas, non -motorized vessels, inflatables, one rescue personal watercraft If Applicable, Proposed Storage, Hours of Use, and Method of Fueling for N/A All Terrain Vehicle Village of Key Biscayne Beach Management Plan — Permit Application Page 2 If Applicable, Number and Type of Proposed Non -Motorized Vessels' 20 Non -Motorized Vessels All applications must be accompanied by • A detailed and dimensioned site plan depicting the type and location of all proposed activity(ies), structures, garbage containers, storage areas, and where the use of Vessels is proposed, the location of the proposed channel (subject to Council approval) • Indemnity and Insurance form (with Village as additional insured) in a form and amount approved by Village Attorney o See attached form • Proof of ownership of adjacent upland property or written authorization from upland property owner • Proposed safety & emergency plan (including storm management/preparation) o The set plan must be fully implemented upon issuance of a hurricane warning" by Miami -Dade County • Application fee plus the annual inspection fee for the approved activity as established by resolution pursuant to Section 30-4 of the Village Code • Any additional information as reasonably required by the Village Manager 1 / The use of motorized vessels is prohibited except for one (1) personal watercraft as defined in Section 327 02 F S maintained in good working condition and available for emergency rescue purposes only in accordance with Section 30-102(g)(9) of the Village Code COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") in accordance with Section 30-102(0 of the Village Code of Ordinances, Grand Club Partners (the "Applicant") hereby covenants and agrees as follows 1 Applicant shall defend, indemnify, and hold haiiiiless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with (1) Applicant's establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Apphcant's breach of this Covenant of Indemnification and Insurance (the "Covenant") This Covenant shall survive the termination or expiration of the Beach Management Plan approval 2 Throughout Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in the approved Beach Management Plan, Applicant shall maintain the following A Commercial general liability insurance for bodily injury, death, or property damage occasioned by any act or occurrence arising out of or in connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, with minimum liability limits of $1,000,000 00 for bodily injury or death of any one person and $2,000,000 00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000 00 for damage to property resulting from any one incident This shall include coverage for premises/operations, products/completed operations, contractual habihty, and independent contractors This policy shall include coverage for contractual habihty specifically covering the indemnity set forth in this Covenant The Village shall be named as an additional insured on this policy B Automobile liability in the amount of $1,000,000 00 per occurrence combined single limit for bodily injury and property damage, covenng all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan The Village shall be named as an additional insured on this policy C Workers compensation and employer's liability, as required by Florida Statutes 3 Simultaneously with its delivery of the executed Covenant, Applicant shall deliver to the Village Manager certificates of insurance indicating that the above referenced insurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that in the event of any litigation arising out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the tnal and appellate level 5 Applicant represents that Applicant has the full nght, title and authonty to enter into this Covenant and to make the provisions hereof binding and in full force and effect IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the ©9/ day of /ka , 2006 APPLICANT WITNES S By ! a CCc'2 0 Ai/P07 .4,/a/ eecac /2O r 1 J- CVl2 464 o2L By CcD � n -� �('� 5- ���cfrri � D- v Title - , Accepted by the Village of Key Biscayne, Flonda this day of , 2006 LLAGE MANAG ATTEST APPROVED AS TO FORM VILLAG AT . O EY AND LEGAL` FICIENCY F \103001\Agreements\Covenant of Indemnification doc April -1'd 2006 Village of Key flimayrie 1 Manna Donunguez-HardlL Assistant to the Director g8 West McIntyre Street Key, Rtscam, FL 13149 Re leach Managemelit Plan Site Mar liar thc, pl-tcement qnd storage cit. (rand equtpment Dear Ms Dominguez -Hardie Belov, find a (lciatird dr s nption of tht setup and stcurage locatauts of all equIptnerii ocoil Grand Bay Club on the public beach arca ▪ 1 pratrnai rravitortrr;d rescue m rtercraft is part ee behind tht eiosioti hoe within tli.- Grand Fla} C ltah Propcitir at all tines 1 F to 20 non-motarizcd NE. ait..i'i as Arm test r3t he srr1 c n lane (storage area marl. ed. in t1n n a (irj t l a1taichrd map) • 109 lounge chairs and 30 umbrclia$ are up tor 67ur rtierribLrti- 'from ,unn't is sunv.t irn till. 14uhiru beat .ire (Enarl,eJ v,it1t ,11s1 attmkhc l 1 tte113tc site mapi A,ftcr sunset slit 1r}�n ►4 (,1-1 'Firs rare st a .kcii tip \Nathan fee t cif the ciosaon lane (vothin the area r larked Gran c nn th . nap attached) IAA art_ k,trFreil on Grind Bd., Club c plopert-th Mast don r h slttatc to contat,t Lather l ltlroni at ('1O5) 1647, 4 Olii air '419 trt-taat I t grandhairti,l ells i It net t ii '4ou need turth .r Er, .tats the sn ink 'Montlut Les anc L.)irectui of Aetn sties En( E we use this public beach area to set up 100 lounge chars and 30 beach umbrellas Y „ Jor our &embers COVENANT OF INDEMNIFICATION & INSURANCE Upon approval of a Beach Management Plan by the Village of Key Biscayne (the "Village") in accordance with Section 30-102(0 of the Village Code of Ordinances, Grand Club Partners (the "Applicant") hereby covenants and agrees as follows 1 Applicant shall defend, indemnify, and hold harmless the Village, its elected officials, officers, agents, and employees from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed or recovered against or from Village by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with (1) Applicant's establishment, use, and/or operation of certain recreational activities within the Government Use Zoning District as specified in Applicant's Beach Management Plan, (2) Village approval of Applicant's Beach Management Plan, or (3) Applicant's breach of this Covenant of Indemnification and Insurance (the "Covenant") This Covenant shall survive the termination or expiration of the Beach Management Plan approval 2 Throughout Apphcant's establishment, use, and/or operation of recreational activities within the Government Use Zoning District as specified in the approved Beach Management Plan, Applicant shall maintain the following A Commercial general habihty insurance for bodily injury, death, or property damage occasioned by any act or occurrence arising out of or in connection with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning Distnct as specified in Applicant's Beach Management Plan, with minimum liability limits of $1,000,000 00 for bodily injury or death of any one person and $2,000,000 00 for bodily injury or death of two or more persons in any one incident or event, and in the minimum amount of $1,000,000 00 for damage to property resulting from any one incident This shall include coverage for premises/operations, products/completed operations, contractual liability, and independent contractors This policy shall include coverage for contractual liability specifically covering the indemnity set forth in this Covenant The Village shall be named as an additional insured on this policy B Automobile liability in the amount of $1,000,000 00 per occurrence combined single limit for bodily injury and property damage, covenng all vehicles owned, leased, rented or otherwise hired or used by Applicant in association with Applicant's establishment, use, and/or operation of recreational activities within the Government Use Zoning Distnct as specified in Applicant's Beach Management Plan The Village shall be named as an additional insured on this policy C Workers compensation and employer's liability, as required by Flonda Statutes 3 Simultaneously with its delivery of the executed Covenant, Apphcant shall deliver to the Village Manager certificates of insurance indicating that the above referenced insurance coverage has been obtained consistent with the terms of this Covenant 4 Applicant agrees that in the event of any litigation ansing out of this Covenant, the prevailing party shall be entitled to an award of reasonable attorney's fees and costs, at both the tnal and appellate level 5 Applicant represents that Applicant has the full nght, title and authority to enter into this Covenant and to make the provisions hereof binding and in full force and effect IN WITNESS WHEREOF, the Applicant has executed this Covenant of Indemnification & Insurance on the 0(7 day of atC , 2006 APPLICANT CALS 7 1 L)ct WITNES S B/ C Cce0 4);-2ik'a X e. ect/i0 BY ki-e � C A a_ re Title Tom, o,,,(4 ACORDrh CERTIFICATE OF LIABIL Y INSURANCE DATE(MM/DD/YYYY) 03/09/06 PRODUCER 1 305 592 6080 Arthur J Gallagher Risk Management Services Arthur J Gallagher & Co (Florida) 8200 N W 4lat Street Suite 200 Miami FL 33166 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED Grand Bay Club 425 Grand Bay Drive Key Biscayne FL 33149 INSURER A.American Guarantee & Liability Ins Co INSURERS Bridgefield Emplyers Ins Co INSURER Lexington Ins Co 19437 INSURERD INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR ADD L NSRD TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATEJMMIDDIYY) POLICY EXPIRATION DATELMMIDD/YYI LIMITS C GENERALUABILITY COMMERCIAL GENERAL LIABILITY 2897738 02/01/06 02/01/07 EACH OCCURRENCE $1 000 000 X O DAMAGE PREEMIMI SRENTED PREMISES (RENTED occurence) $ 50 000 CLAIMS MADE X OCCUR MED EXP (Anyone person) $ Excluded X $5 000 Ded Each Claim PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $ 2 000 000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $2 000 000 PR POLICY JECT LOC AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ A EXCESS/UMBRELLA LIABILITY AUC3748620 04 02/01/06 02/01/07 EACH OCCURRENCE $ 25 000 000 X OCCUR CLAIMS MADE AGGREGATE $ 25 000 000 DEDUCTIBLE RETENTION $ $ $ $ B WORKERS COMPENSATION AND EMPLOYERS LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE INCL OFFICER/MEMBER EXCLUDED? EXCL If yes descnbe under SPECIAL PROVISIONS below 830 33454 01/31/06 01/31/07 X TORYLIIMITs OTH E L EACH ACCIDENT $ 1 000 000 E L DISEASE EA EMPLOYEE $ 1 000 000 E L DISEASE POLICY LIMIT $ 1 000 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Village of Key Biscayne is additional insured solely as respect to general liabilty CERTIFICATE HOLDER CANCELLATION Village of Key Biscayne 88 West McIntyre Street Key Biscayne FL 33149 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATNES AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) vIRGOM 4055082 Powered BYCertrficatesNowTM ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer nghts to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon ACORD 25 (2001/08) SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED Grand Bay Club DATE 03/09/06 Additional Description of Operations/Remarks from Page 1 Additional Information A)General Liability Liquor Liability $1 000 000 each common occurrence $1 000 000 aggregate Hired/Non Owned Auto $1 000 000 Employee Benefits Liability $1 000 000 Each Occurrence $1 000 000 Aggregate @ $1 000 Deductible SUPP (05/04) I This instrument prepared by Name Jul,c M Schwartz Lsq Address Grccnbcrg Traurit, Hoffman Lipoff Rosen & Qucnicl P A I'121 Drickcll A'.cnuc M,amt Florida 33111 Parcel I D tl 24 5205 046 0040 R>Ft I1S95fc0409 97R1.53775 1997 APR 09 11 53 DOCSTPDEE 45►000 00 SURTX 331750 00 HARVEY RUVDN, CLERK DADE COUNTY, FL SPECIAL WARRANTY DFED THIS INDENTURE is made this tiday of April 1997 between AWI KFY ASSOCI tTFS a Florida general partnership ( Grantor ) whose mailing address is 3250 Mary Strcct 5th Floor Miami Florida 33133 and GRAND CLUB PARTNERS A FI ORIDA GENERAL PARTNFRSHIP ("Grantee ) whose mailing address is 3250 Mary Strcct 5' Floor Miami Florida 33133 and whose tax identification number is GRANTOR for and in consideration of the sum of TEN AND NO/100 DOI 1 ARS (S10 00) to the Grantor in hand paid by thc Grantee and other good and valuable consideration the receipt whereof is hcrcby acknowlcdbcd has granted bargained and sold and hereby grants bargains sells and conveys to thc Grantee and thc Grantees surccssors and assi ,ns forcccr the following dcscnhcd land situate lying and being in Dade County flonda Tract D of GRAND BAY RESORTS AND RESIDENCES a subdivision according to thc Plat thereof recorded in Plat Book 147 Pagc 23 of thc Public Rccords of Dade County Florida SUBJECT TO 1997 rcal cstatc taxes matters which would be disclosed by an accurate survey of said land apphcablc zoning ordinances and conditions restrictions cascmcnts and other maltcrs of rccord which arc not reimposed by this instrument GRANTOR SPECIALLY WARRANTS thc talc to satd land and will dcfcnd the same against thc lawful claims of all persons claiming by throubh or undcr Grantor but against none other The undersigned comprise all of the gcncral partners of Grantor IN WITNESS WHERLOI Grantor has caused this instrument to be stbncd by its duly authorized gcncral partners thc day and year first above written rscrtwArmis 37Ir1cn,jO), DOG4KOfro7 IP %J. �.f r,. t1• t -?iuY�M t4 V 1•'ti2%a�''�iG.�f 2'�sa R ,, t4 : — Ric I7595rC04I0 Signed scaled and delivered in the presence of these n itncsses Witness l Print Name' ,rr,r, S—feueI STATE OF FLORIDA COUNTY OF DADE AWI KEY ASSOCIATES a Florida general partnership BY W/L KEY CORI a Florida corporation General Parincr By Name Title Peqer 511 ( [CORPORATE SFAL) BY ALPHA HOLDINGS INC a Florida corpor e 1 Partner By � Name Ralph Dcscns Title President [CORPORATE SEAT The forcbotng instrument was ackn wlcd cd bcforc me this 3rd day of April 1997 by (, go(t/ %%ii (ice as �/ Utz-s�� i WI of W/L KEY CORP a Florida corporation which is a general partner if( AWL KLY ASSOCIATES a Florida general part h chalf of the corporation and the partnership He personally appeared bcforc me and is crsonally� to me or produced a dnvcr s license as identification [NOTARIAL SEAL] UFf1CIAL NOTAXY SEM JOAN F S ISAK NOTARY PUBLIC STATE OF FLOXIDA COMMISSION NO CC427685 11Y COMMISSION FYI DFC 25,1998 4C1IWA*TZ11f 5JI' y4) t00c w Notary Print amc / .7064 F Notary u he State of Florida My commission expires The foregoing instrument was acknowlcd6cd hcfore mc this 3rd day of Apnl 1997 by RAI P11 E DESENS as President of ALPHA HOLDINGS INC a Honda corporation which is a bcncral partner in AWL KEY ASSOCIATES a Florida 6cneral partnership on behalf of the corporation and the partnership Ile personally appeared before me and is personally known to mc or produced a drier license as identification Notary CLtLu-'J- Pnnt imc J »w Notary Public State of Florida My commission expires OFFICIAL \UTAKY 5F AI 10A\ F 5'1SAK \OTAKY 11,131 IC \O TEO 42/68, F Fl I)� M 1ISSIO my coN.t\tlSSl( ' FxP t)FC 2 I N REC 17595°10412 This instrument prepared by Name Julio M Schwartz Esq Addross Greenberg Traung Hoffman Lrpofl Roson & Quentei P A 1221 Backell Avenue Miami Florida 33131 PARTNERSHIP AFFIDAVIT STATE OF FLORIDA ) ss COUNTY OF DADE VB F9Q�RE ME tie undersigned authority personally appeared the undersigned e f7/ '4 � 1(t -1� and Ralph E Desens (Afilants ) who being first duly sworn depose and say 1 i.V 4(/ P'b <<^) is the Si U'�' of W/L Key Corp a Flonda corporation ( W/L KEY) and Desens is tile President of Alpha Holdings Inc a Fionda corporation ( Alpha ) which corporations are the sole general partners of AWL Key Associates a Florida general partnership (the Partnership ) W/L Key and Alpha are sometimes collectively referred to herein as the Partners Affiants are duly authorized to and do make this Partnership Affidavit in said representative capacity on behalf of the Partners and the Partnership 2 The Partnership is currently in existence under a valid partnership agreement The Partnership is the owner in fee simple and is now in possession of that certain real property situate and being in Dade County Flonda more particularly described on Exhibit A attached hereto and by this reference incorporated herein (the Property ) 3 The Partners are the sole general partners of the Partnership The Partners are hereby authorized and directed on their own behalf and on behalf of the Partnership to execute and deliver all documents and other instruments as may be necessary or required in order to convey title to the Property to Grand Club Partners a Flonda general partnership ( Purchaser") including without limitation such agreements amendments to purchase and sale agreements deeds assignments bills of sale affidavits closing statements and such other instruments and documents as may be necessary or required in order to consummate the conveyance all of which shall contain such terms and conditions as the Partners shall determine to be in the best interest of the Partnership with the signature of any officer of the Partners to be conclusive evidence of such determination and of the authority of the Partners to execute and deliver the same SCHWARTZJi0S754Yi9n02 DOC/ AY97 .�� �: �� j t'�r•S •f' r ��`� �.t:1 '�: 'S' • 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