HomeMy Public PortalAbout2018 EAR of the Comprehensive Plan - CorradinoI
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2018 Evaluation and Appraisal Report (EAR)
of the Comprehensive Plan
lJtttAGE c0uNctt
MayraP[indsay-Mayor
Franklin H. Caplan - Vice Mayor
Luis de la Cruz - Councilmember
Gary R. Gross - Councilmember
Allison McCormick - Councilmember
Brett Jt/loss - Councilmember
l(atie Petros - Councilmember
t/ltLAGt AIt0Rl'IEYS
Weiss, Serota, }lelfman, Pastoriza, Cole & Boniske, PA.
VIttAGE MAIIAGER
John C. 0ilbert
lJILTAGE CTERK
Jennifer Medina, CMC
\,ILLAGT ]|ALL
88 West Mclntyre Street
Key Biscayne, F[ 33149
Tel, (305) 365-5512
Fax, (305) 365-5556
Prepared By,
Tne ConnADtNoGnoup
4055 N\tV 97th Avenue . Doral, Ft33178
(305) 59+0735 . Fax (305) 59+0755
wurtlu.C0RRADlN0.com
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TA B L E [l F c [l N T E N Ts e'EP*tu-
+EXEcuTrttEsuM
+ LETTER FROM TttE PLANNING CONSULTANTTO THE STATE DEO
+ DATAANDANALYSIS
+ EIIALUATION AND ANALYSIS
+ STATUToRYcHANGES
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Q,rxrcuTruE sUMMARY
Background
The Evaluation and Appraisal Report (EAR) is a periodic analysis of the goals, objectives, and policies set
forth in the Village's Master Plan (comprehensive plan) required by State law. The State of Florida requires
each city to produce an EAR every seven years. The Village's EAR is due to the State on July 1, 2018. The
EAR evaluates each Element of the plan and suggest amendments to the plan. Once the EAR is submitted
to the State and they accept, the Village has one year to complete the amendments.
Task l. lssue Scoping
This task consisted of three levels of outreach efforts to ensure multiple opportunities were sought to gain
the most up-to-date and relevant information from which to analyze the plan and make recommendalions
for updates. The first level of outreach involved Village staff interviews. The second outreach effort
included a meeting with State, Regional and local planners. To ensure all stakeholders had an opportunity
to participate, a public workshop was held.
ln order to fully understand the changes in local condifions, updated documents, reports and infrastructure
improvements since the last time the comprehensive plan was updated, The Corradino Team met with
Village staff to gather input on major issues including: transportation and traffic, resiliency planning,
utilities, and many other topics. Meetings were held on April L1'h, L2'h and L9'h with the Directors of
Parks & Recreation, Finance, Building, Zoning, Planning, Stormwater Utility and Sewer Departments.
These meetings provlded valuable input to ascertain how the Village has grown, how it has embraced new
technologies, and what new issues are on the horizon that need to be faced in the near future.
ln addition, on April 1"1th the Corradino Team gained input through an interagency scoping meeting with
adjacent localjurisdictions and State, Regional and county agencies. Representatives attended from Miami-
Dade County Regulatory and Economic Resources (RER); the South Florida Regional Planning Council; the
Florida Department of Economic Opportunity. Additional input was received by email correspondence
from agencies that were not available to parlicipate. The purpose of the scoping meeting was to receive
local agency input on the key issues that have been identified, identify additional issues that should be
addressed, and collect local agency data to assist in the tAR development process. During the scoping
meeting the discussion of comprehensive plan to identify areas where it is not in compliance with current
State Law. Of the topics discussed, planning for resiliency and defending against flood events was of the
highest importance to the State and Regional agencies.
A locally advertised Public Workshop was held the evening of April26th. The workshop provided the public
with an overview of the EAR process and purpose. A background and history of the comprehensive plan
since it was first prepared when the Village incorporated. Four main topics were introduced to guide the
discussion, seek further input and to open the conversation to other issues of importance to the public.
The Workshop was successful in regards to the level of participation and engagement of attendees.
Task 2. Preparation of the Evaluation and Appraisal Report
The issues identified in Task l" were described, analyzed and utilized to inform the recommendations
to the comprehensive plan. The report specifically addresses updated data and analysis for each of the
elements. This includes updated population projections, land use data, transportation data, infrastructure
and parks and recreation information. A comprehensive review of each element was completed in order
to identify any successes, implemented and completed policies and achievements that have taken place
since the previous EAR in 2008. Based on :he review, each element contains specific recommendations for
updates and amendments to address and comply with changes in state law, regional plans and programs,
local conditions as well as the Village's vision for future achievements. The evaluation includes a matrix
detailing the changes in Growth Management laws found in Florida Statutes, Chapter 163 since the plan
was last reviewed in 2008. The matrix is organized by yeal listing every change and how the change will or
will not affect the Village comprehensive plan.
r/ILLAGE 0t |(EY BISCAYNE I 2fiS tvaluation and Appraisal Report (tAR) of the 0ornprehBnsive Plan {6*t
Q,unER FRoM THt ptANNtNG coNstttIANTT0 THE sTATE DEo
June 1, 2018
Mr. Ray Eubanks
Florida Department of lconomic Opportunity
Division of Community Planning
107 East Madison Street
Caldwell Building
Tallahassee, Florida 32399-4i"20
RE: Letter of Determination regarding the 2018 Evaluation
of the Village of Key Biscayne Comprehensive Plan
Dear Mr. Eubanks:
ln accordance with the requirements of Chapter 163.3L91, Florida Statutes {F.S.), as
revised by the 2011 Growth Management Legislation (C5/HB7207ER), the Village of Key
Biscayne hereby submits this letter of determination regarding potential amendments
to comply with State requirements as of the date of this letter. The City has evaluated
its Comprehensive Plan to determine if any amendments are required to address growth
management legislation that has been adopted since 2008, the date of the last EAR (see
enclosed Table "Statutory Changes to Comprehensive Plan Requirements from 2008-2016
and Related lmpacts to the Key Biscayne Comprehensive Plan"). Based on this evaluation,
the Village has determined that amendments to the Future Land Use, Transportation, Capital
lmprovements, Conservation and Coastal Management, lntergovernmental Coordination,
lnfrastructure, Housing, Recreation and Open Space, Public Schools and Facilities, and
amendments to ensure coordination with the regional water supply plan are required to
address State statutory requirements at this time.
Thank you for your assistance in this matter. Please contact Scarlet Hammons, AICB CTP
at {305) 594-0735 or at shammons@corradino.com if you have any questions or need
additiona I information.
S rely,
Scarlet Hammons, AICP, CTP
Planning Consultant to the Village
Enclosure
VlttAGE 0F KEY BISCAYNI I 2fi8 [valuatiorr anrlAppraisal Reporl (tAR) of ihe 0omprehensive pf rn S*3
Q,omnANDANALYSTs
Population and Land Use Analysis
Projections for years 2000 to 2040 are shown in the following Table is based on applying past growth
trends, average person per household and the projected number of units to the next twenty year planning
period. While these numbers are useful in planning for future services and infrastructure, they are to be
used as guidance and not as a true prediction. lt is likely, based on recent redevelopment trends in the
single family residential areas that the Village will confinue to experience population growth in the under
20 age groups, while the age 70 and over groups will decline. Additionally, these numbers could be skewed
by the recent completion of two Developments of Regional lmpact {Ocean Club and Grand Bay Residence
and Ritz-Carlton Hotel) that affected the population increase in the recent past, but will not be continued
into the future. The Village is essentially built-out, with only a handful of vacant single family residential
lots remaining. Allfuture growth will be in the way of redevelopment on existing platted lots. The Village
anticipates no changes to densities or to the Future Land Use designation that currently exists. Commercial
development is not likely to change in any significant way, Crandon Boulevard is developed. The Future
Land Use Map for this planning period is the same as from the previous period (see below Figure 1. Future
Land Use Map excerpted from the July 2007 Evaluation and Appraisal Report prepared by WRT).
16,01515,5891"4,9833.4,25413,460!2,7831"2,344L0,507TotalKey BiscayneMiami-Dade
2,2481,9991,,775].,5881,,4191,,22999675+748Key BiscayneMiami-Dade
94798279670560053148642470-74Key BiscayneMiami-Dade
91193399581269067966946255-69Miami-Dade Key Biscayne
6749001",r021",10988480469557160-64Key BiscayneMiami-Dade
5737049619469748286946Bs55-59Key BiscayneMiami-Dade
6927107309291",091-1,07888371050-54Key BiscayneMiami-Dade
1,0408836807951,0401,0091,05376345-49Key BiscayneMiami-Dade
1,1"609767637477358761,,10291240-44Key BiscayneMiami-Dade
r,3521,1791,036846629701,96099035-39Key BiscayneMiami-Dade
843811814660s0048648573430-34Key BiscayneMiami-Dade
51462971159s50642631347725-29Key BiscayneMiami-Dade
60862r633sB155846634733420-24Key BiscayneMiami-Dade
88284179892399684671745515-1"9Key BiscayneMiami-Dade
1,3341,,2931,2r0r,1871",1"661",074L,040660LO.14Key BiscayneMiami-Dade
r,1321,,0799969138409361,0B28165-9Key BiscayneMiami-Dade
l-,105r,44998391783281,4822766a-4Key BiscayneMiami-Dade
20402035203020252024201620102000
Population Projection by Age for 2000-2040
Permanent Residents
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Key Biscayne Vacant Parcels
Legend
ISvacant Parcel
Key Biscayne Municipal Umits
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'rr& uLLAGt 0t l{tY BISCAYNt I 2tjl8 tvaiLratinri,rnd Alrplais,li iiirirrrii (tAll) rf tire Irirrrprelrerr:iivs Plllrr
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Key Biscayne Future Land Use Map
f]Low Oeostty t"tutUpte Famiiy Resldentlal :::Publtc R(.eahon & Open Space
fiUeOium Oen*ty lluttiple Family O@an Resod Hotel Single Famity Lw Density Rsidenflal
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waterfront R*reati@al 0.13 0.250 0.5Miles
Source: luly 2007 Evaluation and Approisal Report prepored by WRT
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Transportation
The Village adopted Levelof Service Standards in the original 1995 Master Plan fortransportation and public
facilities. Although concurrency management is no longer a requirement of the State Growth Management
rules, the Village desires to continue upholding the LOS standards and monitoring concurrency regulations.
Crandon Boulevard is a County-owned facilities and remains the only major arterial in the Village, All local
roads belong to the Village. The Village has completed many roadway projects since incorporation to
address transportation issues such as speeding, pedestrian safety, bicyclist safety, and golf-cart integration,
Recently a number of transportation planning studies were prepared to analyze new approaches to getfing
around the island. Many of these include advancing more options for residents and visitors alike. One
example is the highly utilized "Freebie" on-call public golf-cart program. This transportation option has
been so successful, the largest complaint is that there are not enough available and delays in response
times are now common. Other successful alternative transportation modes include the local trolley (KB
Loop) and the bike share program (Lime Bikes). During this planning period it is recommended that the
Village to continue to fund projects from the following recently completed transportation studies:
. Golf/Bike/Pedestrian Safety Plan of 2009
. Tralfic Calming Master Plan of 2012. Transit Mobility Study of 20L5
Stormwater and Resiliency
Planning for resiliency and addressing sea-level-rise will impact the future plans for the Village's
transportation system and public facilities. The policies in the plan will be updated and revised to include
public infrastructure projects that have been completed in addition to policies that address future needs.
ln the near-term, the 2016 Stormwater lmprovement lmplementation Plan will continue to be utilized to
plan for upgrades to the system island-wide. Drainage improvements will include additional back flow
preventers in all outfalls; additional pump stations for areas drained by gravity wells in low lying areas;
back flow preventers in the gravity wells; continue to add pervious space as roadway are elevated and
right-of-way becomes available. Additionally, in order to continue to fund the drainage improvements,
the Village will prepare an updated Stormwater Utility Fee evaluation and adopt policies to update the
stormwater master plan every two years. The Village continues to address climate change issues such
as beach erosion with implementation of a beach re-nourishment program which is funded annually as
a capital project. Future planning efforts will include consideration to add breakwaters and other control
mechanisms to prevent erosion. Other efforts to harden public facilities is the Village's plan to embark on
under-grounding of the electric service lines. ln the near-term, an undergrounding utility master plan will
be prepared, which will include cost estimates and funding recommendations. Other updates to utilities
could be to provide fiber optic infrastructure village-wide.
Parks and 0pen Space
The Village recently purchased a vacant single-family parcel and applied for grant funding to develop a
new pocket park in order to continue to provide more active recreational acres. The Village is attractive
to young, growing families that have recreational needs. The challenge, due to the built-out condition of
the island, is the lack of available space for active recreation. During the last planning period the Village
developed a new recreafion facility next to Village Hall and expanded active park space by adding soccer
fields and tot lots. The Village plans to continue to explore more opportunities to purchase single-family
lots that can be redeveloped into additional pocket parks. The administration will also consider preparing
a Parks Master plan. The new Master Plan would address recreational needs such as a strategy for locating
new parks; planning for a new Village library; and planning longer term for a fine arts center and/or
performance center.
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Key Biscayne Transportation
Legend
OTnffic Signals Bike lane
I framc Otming Strucftrres -BusRoutes
ilKey Biscayne Municipal Limits
N
A00.13 0.25 0.5Miles
l/lLLAGt 0F l(EY BISCAYNE I 20lS [v;ilualitrn anrl Appiats,li tltirirl (lllil) of litc {inntpreh*nsiv* Plan +6-I
Key Biscayne Critical Erosion Area
Legend N
A'. 'Oitkal Eroslon Areas
Il-lt<ery alscayne Nunidpal umib
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Key Biscayne Parks and Public 0pen Spaces
Legend N
i--rKey Biscayne Municipal Umits
Open Space
i lPark A00.13 0.25 0.5Miles
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Sewer, Water, Solid Waste & Schools
The Village will continue to coordinate and work with the County relating to services they provide such
as sewer, watel solid waste and schools. ln the previous planning period the sanitary sewer system was
completed Village-wide. While some users have yetto connecttot
se t es.e County ma ntains the sewer and water infrastructure
and has capacity and resources to continue to service the Village's needs during this planning period. The
ffi fi:Iff ,llff ilfl L":ffi;,fs;T3:ffi ::",TFiJiix'1,?ftffi 8in"'''andsouth
It is a recommendation of this plan that the Village prepare and adopt a Water Supply Facilities Plan and
amend the comprehensive plan to incorporate updates as needed to bring the plan in compliance. The Village
will continue to support water conservation policies such as the requirement for new and re-development
to install low-flow toilets and showers; restrictions on times and days to water landscaping; and others. The
Department operates three regional water treatment plants, and five smaller plants in the southern part of
the County for a permitted water treatment capacity of 452 MGD. Water is drawn from the Biscayne Aquifer
through 1"00 wells located in L5 separate wellfields with a permitted allocation of 418 MGD through2027.
The Village has contractual agreements with private haulers for the collection disposal of solid waste. The
County maintains the solid waste infrastructure and has capacity and resources to continue to service
the Village's needs during this planning period. The South Dade Landfill is a Class I garbage landfill that
is permitted to accept garbage, trash, and special wastes such as asbestos, sterile medical waste, sludge,
shredded tires, pathological waste (dead animals), ash, and contaminated soil. The North Dade Landfill is a
Class lll landfill that is permitted to accept only waste that is not expected to produce leachate which poses
a threat to public health or the environment, such as trash, yard ffash, shredded tires, and construction/
demolition debris. The Resources Recovery Facility (RRF) is owned by the County, the RRF converts garbage
into refuse-derived fuel. Garbage and trash are processed into refuse-derived fuel and then burned in four
boilers that produce steam to turn two turbine generators. Energy produced from burning the fuel is
enough to power the plant and supply the average power needs of approximately 45.000 households per
year, The Ash Landfill is a site for the final disposition of ash produced by the RRF.
The Village will continue to seek additional options for school facilities including requesting the school
board pursue the "Old Frost Museum" as a new high school to service Key Biscayne and the neighborhoods
such as Brickell, that is also experiencing an increased need.
Housing
While the density of units is presumed to remain the same over this planning period, the population
could continue to increase, especially in the single family neighborhoods, with the largest increases
continuing to be among children under age 18. Many existing, modestly sized residential structures are
being redeveloped into substantially larger homes containing additional bedrooms. Future growth will be
in the form of redevelopment. ln addition to the population continue to increase, the redeveloped lots are
affecting the community in other ways. Due to the recently adopted Flood Ordinance, homes are required
to be built up, elevated out of the flood hazard zone. ln some cases this has created a disconnected
streetscape in which the original Mackel homes re
continue to e use rt to ensure t mes t create a run hazard to
those that remain at original elevation. During this planning period, it is estimated that the redevelopment
at the mandated higher ground floor elevation will continue. The Village will consider addressing the
aesthetic aspects of new development in creating urban design guidelines to encourage architectural
options especially due to need to build at a higher elevation. The goal is to keep the streetscape coordinated,
the deslgn guidelines will address issues such as not permitting the front door be built 15 feet above the
ground. The urban design guidelines will also address out-of-scale development due to FAR, this should
further be addressed in the zoning code. During this period, the Village will continue to support and
participate in regional sources of funding for homeowners to install solar panels and other technologies to
increase energy efficiency of buildings, The Village currently parficipates in the PACE and COOP programs
which provide financing opportunities to encourage green and energy efficient retrofits for homes.
VILIAGE 0t lfiY BISCAYNE I 2fiS Evaluation and Appraisal Report (tAR) of the Comprehensive Plan
c
u#f
Legend
l(ey Biscayne Sewer Lines
0.13 0.25 0.5Miles
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Key Biscayne Zoning (2018)
Legend
Key Biscayne Municipal Limib lGovernment Use lPublic Recreation and Open Spaces IUuH-fam. High Density
Il-ifey Oiscayne tlunicipal Umib lHotel Resort locean Club lvlllage Eitate
ZonlngIot
I Low Intensity C.ommercialIct
TII
Institutional lcrand Bay
Island Resldential lKey Colony
Low Intensity office IMuH-fam, Low Density
Ivlllage Residenual
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AIPrivate Oub lt"tuH-fam, Medium Density 0 0.13 0.25
t-#F r/l[LAGE 0t KEY BlscAYNt I 2fis [vatuation and Appraisal Repori (tAR) of the Comprehensive Plan
0.5Miles
Key Biscayne FEMA Flood Zones
Legend
FEMA Flood Zone
A
AE
AH
D
OPEiI WATER
VE
x
x (SHADED)
<dl other vdu6>
Key Escayne Mlflicipal timits
il-lKev nscavne t'lmbpal limitt
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A00.13 0.2s 0.5Miles
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Q,rvnruATrou AND ANALYsts
Future Land Use Element
FUTURE LAND USE ELEMENT RECOMMENDED AMENDMENTS
The following is a list of outdated Objectives and Policies that should be revised to
address current local conditions that are of importance to the Village and the region.
Policy 1.L.1": Revise the following outdated language "enact and enforce land development code"
Policy L.L.2: Revise the following outdated language "adopt the land development code"
Policy L.1.3: Revise the following outdated language: "land development code provisions for
subdivisions, signs and floodplain protecfion"
Policy 1.L.4: Revise the following outdated language "establish and maintain a street tree master plan"
Figure 1: Revise the following outdated language: "Notes pertaining to the future land use map
plannlng period 1994-20A4"
Revise the following outdated language: "1. DRI Development Order"
Delete this is a duplicate: "2. copy of note 1 above"
Revise the following outdated language: "3. - 5. Reference to the Traffic Circulafion Element"
Revise the following outdated language: "6. site at the SE corner of Crandon and Seaview zoning and
future redevelopment"
Revise the following outdated language: "7. acquire pedestrian access rights"
Objective 1.2: Revise the following outdated language: "No later than 2004 revitalization of at least on
Crandon Boulevard property"
Policy 1.2.1": Revise the following outdated language: "land development code provisions for
develo pment sta nda rds"
Policy 2.1.2: Revise the following outdated language: "enact and enforce requirements that septic tank
drain fields be installed"
Policy 2.2.4: Revise the following outdated language: "enact and enforce land development code a
concurrency management system"
Policy 2.3.2: Revise the following outdated ianguage: "enact and enforce land development code
provisions that require one inch of on-site drainage detention""
Objective 2,4: Revise the following outdated language: "Eliminate or reduce land uses which are
inconsistent with applicable interagency hazard mitigation report recommendations; Metro-Dade Office
of Emergency "
Policy 2.4.1 Revise the following outdated language: "lnteragency Hazard Mitigation Team Report, FEMA
955-DR-FL August 1992"
Policy 2.4.2 Revise the following outdated language: "Metro-Dade Office of Emergency Management"
VlttAGE 0F KtY BlSCAYllt I 20lS [valuation and Appraisal Report (EAR) of the Conrprehensi,le Plan t$\tt
Policy 2.5.1 Revise the following outdated language: "enact and enforce land development code for
sewer lift stations, stormwater lift stations..."
Objective 2.6 Revise the following outdated language: "No later than 2015 prepare a list of significant
historic structures"
Policy 2.6.1 Revise the following outdated language: "no later than 2015 identify all properties that are
at least 50 years old"
Policy 2.7.1 Revise the following outdated language: "implementation of a master drainage plan;
replacement of septic tanks with sewer"
Policy 3.1.2 Revise the following outdated language: "land development regulations shall allow for use
of alternate renewable sources of energy"
Objective 3.2 Revise the following outdated language: "shall provide policies within the land
development regulations which are designed to reduce energy use"
Policy 3.2.5 Revise the following outdated language: "By December 2015 consider amending the
land development regulations to adopt specific standards and strategies that address greenhouse gas
emissions and energy conservation"
COMPREHENSIVE REVIEW OF THE FUTURE LAND USE ELEMENT
nA$ utHGE 0F KEY BtscAYl,lt I 201s [valuanon lind A[praisal Report (iAR) of the t}onrprehensive Plan
Policy 1.L.2
lmplemented. The Land
Development Code was
adopted.
Until adoption of a Land Development Code (LDC),
regulate development according to the FLUM, including
specified land uses, densities and intensities.
By statutory deadline or soone[ enact and enforce land
development code consistent with the Future Land Use
Map (FLUM).Policy 1.L.1
lmplemente d: Ongoing. The
Land Development Code is
consistent with the Master
Plan.
Objective 1.1
lmplemented. The Land
Development Code is
consistent with the Master
Plan.
Future Land Use Categories: Maintain existing
development and achieve new development and
redevelopment which is consistent with the community
character statement articulated as Goal 1.
Achieve desired community character: Key Biscayne
should be a residential community. Development
policies should protect residential character. Future
residential development shall 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 overpowerthe 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.
Goals,
0bjectives,
and Policies
FUTURE LAND USE
Element lmplementation Status
I
lmplemented. Ongoing.
Septic and drain field
monitoring will be
phased out during this
planning period due to the
requirement to connect to
the sewer system.
Sanitary Sewer Facilities: Coordinate with the County and
appropriate agencies to maintain sanitary sewer service
and ensure effective septic and drain field functioning.
Objective 2.1
Protect and enhance the residential, commercial,
resort, and natural resource areas of the Village.
lmplemented. Parking
requirements a re governed
under the adopted Land
Development Code.
Parking requirements
lmplemented. La ndscaping
requirements a re governed
under the adopted Land
Development Code.
Landscaping req uirements
lmplemented. Sign
regulafi ons are governed
under the adopted Land
Development Code.
Sign regulations.
lmplemented. The Land
Development Code is consistent
with the Master Plan.
All new development, renovated development and
redevelopment consistent with FLUM.
lmplemented. See below.By statutory deadline or soonel 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.
Policy 1..2.1
lmplementedCommercial Redevelopment: By 2004, achieve private
revitalization of at least one Crandon Boulevard property
that has a blighfing impact on the Village.
Objective 1.2
lmplemented. Ongoing
maintenance.
Establish a street tree master planPolicy 1.1.4
lmplemented. Floodpla in
regulations are based on
FEMA requirements as
specified in the Master
Plan, Additionally, the LDC
was amended this year to
establish lot elevations for
SF-R at 10'+ L' minimum.
Floodplain protection provisions.
lmplemented. Sign
regulations a re governed
under the adopted Land
Development Code.
Sign regulations
lmplemented. VKB uses
the County's subdivision
regulations.
Su bdivision reg u I ations.
lmplemented. See below.By statutory deadline or soone[ enact and enforce
provisions governing subdivisions, signs and floodplain
protection consistent with the Master Plan (MP).
Policy 1.1.3
r/lttAGt 0F |(EY BISCAYNE I 2ffS tvaluation anrlAppraisal Repurt (tAR) of the 0ornprehrlnsive Pl;ln T6\tt
lmplemented: OngoingBased upon the capital cost implications of the Village
of Key Biscayne Drainage Master Plan, the Village shall
apply the stormwater utility assessment. The Village
shall update its Drainage Master Plan as necessary to
ensure the confinued efficacy of its provisions to upgrade
the storm sewer system in accordance with the specific
standards of Objective 1.1" of the lnfrastructure Element.
Policy 2.3.1
lmplemented: ongoing.Natural Resources: The Village shall continue to upgrade
the drainage system so that stormwater outfalls into
Biscayne Bay (and adjoining canals) fully meet NPDES
and State standards. Upgrade on-site drainage standards
to ensure that private properties retain at least the first
one inch of stormwater on-site, and permit no more
runoff after development than before development.
Objective 2.3
lmplementedl. AngaingEnact and enforce as part of the land development code
a concurrency management system for development
permits that meets 9J- 5.0055 for infrastructure,
recreation, and Tra nsportation.
Policy 2.2.4
lmplemented: OngoingThe Village shall continue to upgrade the drainage
system so that outfalls into Biscayne Bay and adjoining
canals fully meet the NPDES standards and Chapter 1"7-
25 and 17-302.500. F.A.C.
Policy 2.2.3
lmplemented: Ongoing.The Village shall enact and enforce land development
code provisions that require one inch of on-site drainage
detenfion, post development runoff equal to or less than
pre development runoff, erosion control, a minimum
percentage of pervious open space, maintenance of
swales, and drainage level-of-service (LOS) standards.
These requirements shall be designed to help ensure
full compliance with the specific standards set forth in
Objective 1".L. of the lnfrastructure Element,
Policy 2.2.2
lmplemented: Ongoing.Enforce flood damage prevention regulations to ensure
that new development occurs at appropriate elevations
to minimize flood impact.
Policy 2.2.1
lmplementedz Ongoing.Storm Sewer lnfrastructure: Continue to upgrade
drainage system so outfalls into Biscayne Bay (and
adjacent canals)fully meet NPDES standards and Chapters
17-25 and 17- 302.500, F.A.C., Continue to upgrade
private property on-site drainage standards to ensure
retention of at least the first one inch of stormwater, and
no more runoff after development than before.
Objective 2.2
lmplemented. Septic a nd
drain field monitoring will
be phased out during this
planning period due to the
requirement to connect to
the existing sewer system.
Enact and enforce installation requirements to ensure
effective functioning of septic and drain fields.
Policy 2.1.2
lmplemented. The sewer
system is complete and VKB
will continue to coordinate
with Miami-Dade County on
maintenance.
The Village shall coordinate with Miami-Dade County to
maintain sanitary sewer services.
Policy 2.1.L
20;fff rlt[tAGt 0F KEY B|SCAYNE I 2018 [vatuairrrn and Appriri$al rteport ([Afi) of the {)onrprehensivB Plan
lmplemented: OngoingDo not vacate road rights-of-way (ROW) without
first determining that the ROW is not necessary to
accommodate future storm and/or sanitary sewer
facilities.
Policy 2.5.2
lmplemented.By statutory deadline or sooner, enact and enforce land
development code provisions for sewer and stormwater
facilities.
Policy 2.5.1
f mplemented Ongoing.
The sanitary sewer system is
complete village-wide. The
Village continues to plan for
and update storm drainage
infrastructure.
Drainage and Sewer System Land Needs: f nsure suitable
land is available for drainage and sanitary sewer facilities
needed to support planned infrastructure improvements.Objective 2.5
lmplemented: Ongoing.
No significant changes to
density are expected during
this planning period.
Annually assess population densities and transmit
significant changes to MDC OEM.Policy 2.4.2
lmplemented: Ongoing.
Development continues
to be regulated according
to the FLUM. The Hazard
Mitigation Team Report of
1992 is no longer relevant.
Regulate development according to the FLUM and
consistent with lnteragency Hazard Mifigafion Team
Report, FEMA 955-DR-FL, 1992.Policy 2.4.1
lmplementedHurricane Evacuation: Eliminate or reduce land uses
inconsistent with interagency hazard mitigation report
recommendations, and provide all relevant information
to the Metro-Dade County (MAC) Office of Emergency
Management (OEM).
Objective 2.4
lmplemented: OngoingBy the date required by state statue or sooneL the
Village shall enact and enforce land development code
provisions that require one inch of on-site drainage
detention, post development runoff equal to or less than
predevelopment runoff, erosion control, a minimum
percentage of pervious open space, maintenance of
swales, drainage level-of-service standards, ocean
beach dune protection and vegetation, and other
environmentally sensitive land protecfion measures.
These requirements shall be designed to help ensure
full compliance with the specific standards set forth in
Objective 2.3 above. Such provisions shall be consistent
with this plan and with the applicable Florida statutory
and administrative code requirements. The shall also
be consistent with applicable standards promulgated by
the South Florida Water Management District, the South
Florida Reginal Planning Council, Miami-Dade County,
the Florida Department of Environmental Protection,
and/or other agencies with relevant jurisdiction and/or
information.
Policy 2.3.2
VILLAGE 0F KEY BISCAYNt I 2fiS [valuation and Atrpraisal lteport ([Afl) rrl the 0urrrpre hensrve Plan *$-n
lmplementedReduction energy use and greenhouse gas production:
The Village shall consider changes to the future land use
plan based upon energy efficient land use patterns, while
providing for existing and future energy electric power
generation and transmission systems.
Objective 3.1
lmplement Greenhouse Gas Reduction Strategies.
lmplemented. Through
the Land Development
Code requirements for
concurrency.
The Village, through the land development regulations,
willcoordinate land uses and future land use amendments
with the availability of water supplies and water supply
facilities.
Policy 2.8.1
lmplemented. Through
the Land Development
Code requirements for
concurrency.
Water Supply: Assist the Miami-Dade County Water and
Sewer Department in ensuring there is sufficient water
supply for existing and new development in the Village.Objective 2.8
lmplemented. Coordination
is ongoing, The sanitary
sewer system is complete
village-wide.
Attempt to maintain and improve water quality of
Biscayne Bay by implementing DMB replacing septic
tanks with sanitary sewers, land development code
provisions for on-site stormwater detention and marina
pump-out facilities, and coordination with Biscayne Bay
Shoreline Development Review Committee.
Policy 2.7.L
lmplemented. The sanitary
sewer system is complete
village-wide.
Biscayne Bay Preservation: Assist MDC's efforts to
preserve and enhance Biscayne Bay Aquatic Preserve.Objective 2.7
Not implemented. The
Village willconfinue
to encourage private
designations as buildings
age.
Based upon historical records and accounts of early
development in the Village, the Village shall, no later than
20L5, identify all properties that are at least 50 years old.
Based upon the inventory of properties, the Village will
also consider which buildings, if any, may be eligible for
designation on the National Register of Historic Places.
A strategy for the preservation of some or all of these
structures shall be drafted.
Policy 2.6.1
Not implemented. There
is no local designation
process, nor a list of historic
properties because there are
few structures on the lsland
older than 50 years and of
signifi cant historic merit.
The structu re associated
with Nixon was eligible, but
it was demolished in the
summer of 2004. A cottage
on the Matheson property
was restored in a manner
consistent with how it was
originally built to represent
typical local tourist lodgings
of the time. A plaque was
erected to acknowledge its
historical signifi cance. As
the oldest public buildings
age, citizen groups are
independently applying for
historical designations.
Historic Preservation: No later than 2015, prepare a list
of potentially significant historic structures and a strategy
for their preservation including all properties eligible for
designation on the National Register of Historic Places.
Objective 2.6
22&
uILAGE 0F ltEy BlscAyNE I 2fi8 lvatrrariurrand Aplrrarsat Report (tAfi) of the Oonrprehensive Plan
lmplemented: OngoingBy December 2015, the Village shall consider amending
the land development regulations to adopt specific
standards and strategies that address greenhouse gas
emissions, energy efficient housing, and overall energy
conservation as per Objective 3.1" and 3.2.
Policy 3.2.5
lmplemented: AngoingThe Village shall continue to require open space
and pervious surface areas in development and
redevelopment,
Policy 3.2.4
lmplemented. Ongoing,
through the Capital
lmprovements Plan.
The Village shall continue to reduce the heat island
effect by maintaining its green infrastructure through
maintenance of its tree canopy, parks, open spaces,
wetland mitigation areas, landscaped medians and
scenic vistas.
Policy 3.2.3
lmplemented: Ongoing.The Village shall to the extent financially feasible,
educate residents on the cost and environmental effects
of automobile idling.
Policy 3.2.2
lmplemented: Ongoing.The Village shall to the extent financially feasible, educate
residents on home energy reduction strategies.Policy 3.2.1
lmplemented. Through the
Land Development Code and
the Florida Building Code.
lmplement greenhouse gas reduction strategies:
The Village shall provide for policies within the land
development regulations and Master Plan which are
designed to reduce energy use and the creation of
greenhouse gases.
Objective 3.2
f mplemented: OngaingThe Village shall ensure that new development and
redevelopment provides for pedestrian, bicycle and
automobile connectivity to adjacent rights-of-ways,
adjacent development and the public transportation
system.
Policy 3.1.8
lmplemented:. OngoingThe Village shall maintain its network of bicycle lanes
and pedestrian facilities with specific consideration of
connectivity to schools and public facilities.
Policy 3.1.7
lmplemented. Th rough the
Land Development Code.
The Village shall support mixed use development to
encourage reduced vehicle usage.Policy 3.1..6
lmplemented. Through the
Land Development Code.
The Village shall continue to allow home based
businesses to the extent that impacts are compatible
with the residential community.
Policy 3.1.5
lmplemented. Through the
Land Development Code and
the FLUM.
The Village shall permit a variety of housing opportunities
in varying price ranges.Policy 3.1.4
lmplemented. Through
the Land Development
Code requirements for new
construction.
The Village shall provide for redevelopment activities in
the land development regulations and zoning code and
enhance the infrastructure of aging neighborhoods as
needed.
Policy 3.1.3
lmplementedThe Village's land development regulations shall allow for
use of alternate, renewable sources of energy including
the use of solar panels.
Policy 3.1.2
lmplementedThe Village shall ensure that its Master Plan and land
development regulafion do not prevent the construction
of electric substations within the Village.
Policy 3.1.L
l/ILLAGE 0t l(EY BISCAYNt I 2(]1B [valuation anrl Appraisal tiepoit ([All) of the Crrnrpreh0n$ive Plan +4-23
Transportation Element
TRANSPORTATION ELEMENT RECOMM EN DED AM ENDMENTS
The following is a list of outdated Objectives and Policies that should be revised to
address current local conditions that are of importance to the Village and the region.
Policy 1.1.2 Revise the following outdated language: "enact and enforce land development code"
Policy 1.1.3 Revise the following to include a date: "shall update its Future Transportation Map, when
neceSsary"
Policy 1.3.1 Revise the following:
- Add to list and update organizations. "Metro-Dade County Planning Department"
. Change "Metropolitan Planning Organization" to "Transportation Planning Organization"
Objective 1.6 Reduction of Greenhouse Gases
- Recommendations for expanding policies to include:. lncluding criteria pollutants (NOx, SOx, CO2, Pb, PM, etc.). EPA concurrency and reporting. Electric vehicles and fleet expansion. Electric vehicle charging stations
Add new policies to address the following as it relates to transportation issues for this planning period
- Rickenbacker Causeway, address sea level rise and hardening including repairs to ensure
bridges don't fail if experiencing significant storm surge
- Continue expanding bike and pedestrian infrastructure
- Climate change mitigation (incorporate new technology to support further reduction in
GHG emissions)
- General pollutant mitigation (vehicle idling)
- Continue to expand on the FreeBee golfcart services for Village residents and visitors
COMPREHENSIVE REVIEW OF THE TRANSPORTATION ELEMENT
"rAS uIIAGE 0t KEYBlscAYNt I 2fis tvatuation and Appraisat Repori (tAR)of the Comprehensive Plan
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.
Goals,
0bjectives,
and Policies
TRANSPORTATION
Element lmplementation Status
lmplemented; Ongoing.
Adopted Virginia Key and
Calusa Park agreements.
The Village shall work closely wlth Miami-Dade County
and Metropolitan Planning Organization to limit the
intensity of development along the Causeway and
Crandon Boulevard in order to maintain an adequate
traffic level of service.
Policy 1.3.1
lmplemented: Ongoing.Regional Plans: Work with MDC to limit traffic volume
increases on the Rickenbacker Causeway.Objective 1.3
fmplemented: Angoing.The Village shall coordinate its Future Land Use Map
with its Future Transportation Map.Policy 1.2.3
lmplemented: Ongoing.The Village shall maintain pedestrian, bikeway, and golf
cart access points at the rear property lines of commercial
properties which are bounded on the rear property line
by Fernwood Road.
Policy 1.2.2
lmplementedl. Anqoing.Use future land use and zoning maps to limit commercial
and office development to arterial frontage and Harbor
Drive collector street frontage from Fernwood Road to
Crandon Boulevard except for ocean resorts.
Policy 1.2.1
lmplemente dz O ng oi ng. Ihe
Village has a Commercial
zoning districu all
commercial development
and redevelopment is
contained within that zone.
As denoted on the future
land use map, the District
is located along Crandon
Boulevard.
Land Use Plan lmplications: Limit commercial
development and redevelopment to arterial road
frontage plus Harbor Drive collector street frontage from
Fernwood Road to Crandon Boulevard.
Objective 1.2
lmpfemented OngaingThe Village shall update the Future Transportation Map,
when necessaryPolicy 1.L.3
lmplemented, Parking
req uirements and on-site
traffic flow are governed
under the adopted Land
Development Code.
By statutory deadline or sooner, enact and enforce LDC
standards regarding roadway access and on-site traffic
flow and parking.Policy L.1.2
lmplemented: Ongoing.
Density limited by ordinance
to current level.
The Village shall regulate timing of development to
maintain at least the following peak hour level of service
standards: Arterials (LOS "D"); Collectors {LOS "8"); and
Local Service Streets (LOS',A").
Policy 1.1.i.
Partially implemented
and Ongoing. The Village
has maintained LOS except
at main intersections;
howevel deficiencies will
continued to be corrected.
The Crandon Boulevard
Street Enhancements
are complete. Recent
tra nsportation planning
includes 2009 Golfca rr./bike/
pedestrian safety plan; 2012
Traffic Calming Master Plan
and 2015 Transit Mobility
Study.
Transportation System: Maintain the designated LOS,
but with enhanced pedestrian safety and amenities.
Objective 1.1
rl|LLAGE 0f l(il BISCAYNt I 2018 [valuation anrlAppraisal Relrorl (tA[l) of tlro Cornpmhensi,lCI Plan +6-25
lmplemented. Ongoing
through the Capital
lmprovement Program
and the implementation
of the 2009 Golfcart/Bike/
Pedestrian Safety Plan.
The Village shall continue to maintain a poiicy of
permitting golf carts on designated local roadways
to provide an energy efficient alternative means of
transportation for Village residents.Policy 1.6.3
lmplementedz Ongoing.To the extent financially feasible, the Village shall
educate residents on the cost and environmental effects
of automobile idling.
Policy 1.6.2
lmplemented. Ongoing
through the Capital
lmprovement Program
and the implementation
of the 2009 Golfcart/Bike/
Pedestrian Safety Plan.
The Village shall, to the extent financially feasible, explore
and develop programs to encourage non-motorized and
golf cart transportatlon by continued improvements and
enhancements to its pedestrian, bikeway, and golf cart
systems.
Policy 1.6.1
lmplemented. Ongoing
through the Capital
lmprovement Program and
the implementation of the
2009 Golfca rtlBike/Pedestria n
Safety Plan and the 2015
Transit Mobility Study.
Reduction of Greenhouse Gases: The Village shallexplore
transportation strategies to implement reductions in
greenhouse gas emissions created by the transportation
sector.Obiective 1.6
lmplemented. Ongoing
through the Capital
lmprovement Program and
the implementation of the
201"2 Traffic Calming Master
Plan.
The Village shall maintain the bicycle, pedestrian way
and streetscape plan for the following streets Harbor
Drive, Fernwood Road, West Mashta Drive and Crandon
Boulevard. Related to these plans for streetscape
improvements will be traffic engineering techniques
to slow traffic speeds; the Village shall continue to
implement speed control planning and traffic calming
mechanisms.
Policy L.5.1
lmplemented. Ongoing
through the Capital
lmprovement Program.
Bikeways and Pedestrian Ways: Maintain the pedestrian
and bikeway system for Crandon Boulevard, Harbor Drive,
Fernwood Road, West Wood Drive and West Mashta Drive.
Objective 1.5
lmplemented. See above
Objective L.4.
Use LDC standards and LDC review process to reduce
number and width of existing curb cuts on Crandon and
Harbor by 10%.
Policy L.4.2
lmplemented.Use LDC to prohibit ROW encroachments through
setback requirements.Policy 1-.4.1
lmplemented. Curb cuts
have been reduced in
several locations as a result
of the Crandon Boulevard
Streetscape Project. The
Project's Master Plan
explicitly reduced curb cuts
Right-of-Way Protection: Protect existing and future
rights-of-way from the encroachment of buildings and
other impediments through enactment and enforcement
of a land development code which implements the
Future Land Use Map and the Future Transportation
Map, and achieve a 10 percent net reduction in the lineal
footage of Crandon Boulevard (plus on block of Harbor
Drive) curb cuts and otherwise protect the integrity of
existing and proposed rights-of-way.
Objective 1.4
In Progress.ln order to provide for control of traffic flow associated
with Bill Baggs Park, the Village shall encourage the
appropriate governmental entities to place and operate
electric message signs at the intersection of lnterstate
95 and U.S. L as well as the Rickenbacker Causeway toll
plaza to inform motorist if Bill Baggs Park is at capacity
accepting additiona I visitors.
Policy 1.3.2
tAS uLLAGE 0F KEY BISCAYNE I 20ls tvaluatinn and Appraisal Repnrt itAfl) of the Cnnrprehensive Plan
26
{
{
(
Housing Element
HOUSING ELEMENT RECOMMENDED AMENDMENTS
The following is a list of outdated Objectives and Policies that should be revised to
address current local conditions that are of importance to the Village and the region.
Policy 1.1.1 Delete this policy, it is a duplication of Objective 1.2
Policy 1.4.2 Revise the following outdated language: "County Surtax funds, the County Housing Finance
Agency"
Policy 1.4.5 Revise the following outdated language: "explore potential LDRs to provide for the
improvement of energy efficiency in new housing and in the redevelopment of existing housing"
Policy 1.5.1 Revise the following outdated language: "by 2015 shall designate those structures that due
to age, architecture and function are candidates for historic designation and protection"
Objective 1.7 Revise the following outdated language: "achieve and maintain 100 percent standard
housing and achieve private reinvestment to structurally and aesthetically upgrade at least 50 existing
housing units"
Objective L.8 Revise the following outdated language: "Eval and update the land use designations and
districts to promote affordable housing"
Policy 1.8.1 Revise the following outdated language: "coordinate its future land use planning to ensure
that LDRs and zoning foster diverse housing types to serve the needs of the Village"
Policy 1.9.1 Revise the following outdated language: "land development regulations shall allow for use
of alternate renewable sources of energy"
COMPREHENSIVE REVIEW OF THE HOUSING ELEMENT
rJILLAGE 0F l(tY BISCAYNE I 20lS [valuation anrlAppraisal Report (EAR) of the Conrprehensive Plan
t6\'
lmplemented. Duplication
of Policy 1.1.1
Group Homes: Accommodate as many small group
homes and foster care facilifies as possible in residential
a rea s.
Objective 1.2
lmplemente d: Ongoing. The
Village uses Permits Plus
to upgrade processing and
established a timeline for
permit processing.
Periodically review permitting and regulatory processes in
the LDC to ensure prompt and professional development
permitting process.Policy 1.1.2
lmplemented. Ongoing
through the Land
Development Code.
Group Homes: Accommodate as many small group
homes and foster care facilifies as possible in residential
areas.
Policy L.1.1
lmplemented. Ongoing
through the Land
Development Code.
New Construction: Cooperate with private sector in the
construction of residential units that are well designed
and that provide diversified housing types.
Objective 1.1
To assure the availability of a sound and diversified
housing stock in Key Biscayne.
Goals,
0bjectives,
and Policies
tlOUSING
lmplementationElement
lmplemented: Ongoing.
The Village will continue
to seek intergovernmental
assistance and partnerships
when addressing affordable
housing beyond what is
within the typical price
range of the Key Biscayne
market.
Communicate with private and non-profit housing
agencies to assure that Village pollcy information flows
lo housing providers.
Policy 1.4.1
lmplemented: Ongoing.
The Village will continue
to seek intergovernmenta I
assistance and partnerships
when addressing afforda ble
housing beyond what is
within the typical price
range ofthe Key Biscayne
market.
Housing Coordination and lmplementation: The Local
Planning Agency {LPA) shall define and seek opportunities
to promote affordable housing of a type and within a
price range consistent with the local Key Biscayne market
and general market conditions.Objective 1.4
lmplemented:. Angoing.
The Village will continue to
revise Land Development
Code standards to address
bulk as well as compatible
street frontage. On-site
retention standa rds have
been implemented. The
Village continuously
plans for and implements
improvements to the village-
wide drainage system,
Through land development code setback/bulk standards
and through implementafion of the Village's drainage
master pian (including on-site retention standards) the
Village shall assure the continuation of stable residential
neighborhoods.
Policy L.3.2
lmplemente d: O ngoing. The
County's codes are used.
The Village Manager shall enforce County minimum
housing standards code or appropriate modified code
enacted by Council.
Policy L.3.1
lmplementedz Ongoing.Conservation Rehabilitation, Demolition, Substandard
Housing Structurat and Aesthetic lmprovement of
Housing: Maintain a structurally sound housing stock
by rehabilitating or demolishing housing units that may
deteriorate to a substandard condition in the future.
Measure achievement by existence of no substandard
housing units.
Obiective 1.3
lmplemented. Ongoing
through the Land
Development Code,
The Village shall enact and continue to enforce land
development code regulations which permit State-
licensed group homes, including foster care facilities.
Such regulations shall permit small scale group homes
and foster care facilities in residential areas and areas with
residenial character and shall otherwise be designed to
meet State law. Prior to enactment of such regulations
in a manner which is fully consistent with State law and
administrative code requirements pertaining to group
homes. The Village shall encourage the State to consider'
the hurricane evacuation constraints in the licensing of
facilities on the Key.
Policy 1.2.1
28ff1 vt[tAGt 0F KEY BIS0AYNE I 2CItB [vatuatiorrand A1rpraisal tteport {tirR) of the 0onr0rnirEnsive Plan
In progress. The Village has
not listed adequate sites in
other communities, nor has
its help been requested.
Development of Affordable Housing in Nearby
Communities: List adequate sites for the distribution
of very low income, low income and moderate income
families.
Objective 1.6
Not implemented. See
above Objective 1.5.
Based upon historical records and accounts of early
development in the Village, by 2015 the Village should
designate those structures that due to age, architecture
and function are candidates for historic designafion and
protection. A strategy for the preservation of some
or all of these structures shall be drafted. The Village
should identify all properties thai are at least 50 years
old. Based upon the inventory of properties, the Village
may consider the designation of a local historic district.
ln addition, the Village will also consider which buildings,
if any, may be eligible for designation on the National
Register of Historic Places.
Policy 1.5.1
Not implemented. There
is no local designation
process, nor a llst of historic
properties because there
are few structures on the
lsland older than 50 years
and of significant historical
merit.
Historically Significant Housing: ldentify historically
significant residential properfies within the Village.
Objective 1.5
lmplemented. Ongoing
through the Land
Development Code and
the Florida Building Code
requirements.
The Village shall explore potential land development
regulations to provide for the improvement of energy
efficiency in new housing and in the redevelopment of
existing housing,
Policy 1.4.5
f mplemented: Ongoing.
The Village will confinue
to seek intergovernmental
assistance and partnerships
when addressing affordable
housing beyond what is
within the typical price
range of the Key Biscayne
market.
The Village shall monitor current and future housing
needs and explore innovative solutions to increase
the affordability and diversity of housing stock while
maintaining compliance with Coastal High Hazard Area
and Floodplain regulationsPolicy 1.4.4
lmplementedt Ongoing.
The Village will continue
to seek intergovernmenta I
assistance and partnerships
when addressing affordable
housing beyond what is
within the typical price
range of the Key Biscayne
market.
The Village shall explore federal, state, and local housing
subsidy programs as a means to provide housing
opportunities for very low, low, and moderate-income
persons and families.
Policy 1.4.3
f mpfementedz Ongoing.
No developer has called
to date, but if one did the
Village would be willing to
cooperate.
Cooperate with any developer using County or other
subsidy mechanisms.
Policy 1.4.2
VILIAGE 0t KtY BlSCAYllt I 20lB tvaluatirn an{l Appr;rrsal tieporl (iAfi) of the Ctrrnpreh0nsive Plan
t[6\"
lmplementedz Ongoing.
Zoning and the FLUM allows
for varying densities in
zon ing districts, however
these regulations do not
govern the market values.
Coordination with Future Land Use Element: Evaluate
the Future Land Use Element and Future Land Use Map
and as feasible, update the Village's land use designations
and zoning districts in order to promote the development
of affordable housing within the Village.
Objective 1.8
lmplemented. 0ngoing
through the Land
Development Code.
The Village shall enforce LDC regulafions which
set appropriate building height, setback and other
regulations which facilitate aesthetically pleasing
upgrades to existing housing stock.
Policy L.7.2
lmplemented: Ongoing.Vigorously enforce the existing code to ensure no housing
becomes substandard.Policy L.7.1,
lmplemented: Ongoing.
The number of renovated
Mackel homes greatly
exceeds 50. This policy
should be updated to reflect
the current condition in the
Village.
Structural and Aesthetic lmprovement of Existing
Housing: Achieve and maintain 100% standard housing
and achieve private reinvestment to structurally and
aesthetically upgrade at least 50 existing housing units.Objective 1.7
ln Progress.
lmplementation will occur
through intergovernmenta I
coordination efforts.
Through the Village's affordable housing initiatives, and
through intergovernmental coordination with Miami-
Dade County and/or the City of Miami through interlocal
agreements, the Village shall establish standards to
improve energy efficiency of housing provided through
affordable housing programs.
Policy 1.6.5
ln Progress,
lmplementation will occur
through intergovernmental
coordination efforts.
The Village shall evaluate the feasibility of establishing an
affordable housing trust fund in partnership with Miami-
Dade County or the City of Miami through interlocal
agreements, to fund affordable housing programs and
projects in Miami-Dade County and/or the City of Miami.
Policy 1.6.4
In Progress.
lmplementation will occur
through intergovernmental
coordination efforts.
The Village shall participate in the South Florida Regional
Planning Council's initiatives directed toward educating
local governments of new techniques, especially
programs applicable to the region and county, for
promoting afforda ble housing.
Policy 1.6.3
ln Progress.
lmplementation will occur
through intergovernmental
coordination efforts.
The Village shall coordinate with Miami-Dade County
and the City of Miami to create a program for annual
evaluation of affordable housing needs within
incorporated and unincorporated areas.
Policy 1.6.2
ln progress. The Village
shall continue to encourage
ongoing interlocal
coordination with other
jurisdictions and non-
governmental agencies to
facilitate the provision of
affordable housing.
Village manager or designee shall monitor the housing
and related acfivities of the South Florida Regional
Planning Council and nearby local jurisdictions. The
Village manager or designee will inform Village Council
of these activities and shall recommend, as appropriate
actions that could help encourage the provision of
adequate sites for distribution of affordable housing
in nearby communities with land values that can
reasonably accommodate such housing. The Village shall
encourage ongoing interlocal coordination with other
jurisdictions a nd non-govern mental agencies to facilitate
the provision of affordable housing.
Policy 1.6.1
-rAS
vILLAGE 0F |tEY BISCAYNE I 20ls fivaluatitin and Appraisal lieport (tAlt) uf the Conrprehsilsiv$ Plan
lmplementedThe Village shall encourage the placement of landscape
materials to reduce energy consumption.Policy 1.9.3
lmplemented.The Village, to the extent financially feasible, shall
educate residents on home energy reduction stralegies.Policy 1.9.2
lmplementedThe Village's land development regulations shall allow
for the use of alternative, renewable sources of energy
including the use of solar panels. The Village shall not
prohibit the appropriate placement of photovoltaic
panels. The Village shall develop and adopt review
criteria to establish the standards for the appropriate
placement of photovoltaic panels.
Policy L.9.1
lmplementedGreenhouse Gas Reduction: Support energy use and
greenhouse gas reduction in conjunction with the
existing and new housing stock.
Objective 1.9
lmplemented: Ongoing.
Zoning and the FLUM allows
for varying densities in
zoning districts.
The Village shall coordinate its future land use planning to
ensure that land designations and zoning districts foster
diverse housing types to serve the needs of the Village's
population by providing adequate areas for a variety of
residential housing types including single-family, duplex,
and multi-family units.
Policy 1.8.1
VlttAGt 0F KEY BISCAYIIE I 2fiS ivaluation ailrl Appruisal fieport ([AR) of the 0ornprehensive Plan 4$-3t
I nfrastructure Element
I N FRASTRUCTU RE ELEM ENT RECOMMEN DED AMEN DMENTS
The following is a list of outdated Objectives and Policies that should be revised to
address current local conditions that are of importance to the Village and the region.
Objective 1.1 - Drainage
Description Paragraph
Revise the following outdated language: "The Village shall continue to upgrade "AND MAINTAIN", delete
the duplication of statement
Revise to reflect the most current Drainage Master Plan
Policy 1.1.1 Revise to set timeline horizons for assessments and updates to stormwater utility
assessment, and Drainage Master Plan
Policy 1.1.2 Revise to delete redundancy; this is part of the Drainage Master Plan
Policy 1.1.3 Revise the following outdated language, which has been included in the Land Development
Code:. One-inch of on-site detention. Post-development runoff equal to or less than peak pre-development runoff
. Erosion control. Minimum percentage of pervious open space. Maintenance of swales. Drainage LOS standard
Objecfive 1.2 - Revise the following outdated language: "ensure effective septic and drain field
functioning"
Objective 1.3 * Revise to add language on Sustainability (e.g. waste diversion/reduction, recycling, etc.)
Objective 1.4 - Level of Service
- Revise Level of Service standards as needed. "maximum day flow" {140 gallons/person/day) sewage
. "maximum day flow" (280 gallons/person/day) potable water
o 20 pounds/square inch at property line. Drainage (meet local/state/fed requirements); one inch retainment
. Solid waste (5 years' capacity; 5.2 pounds/person/day generation)
Policy 1.4.2 * Delete, the policy is outdated
Policy 1.4.4 - Delete "Post-development shall not exceed peak pre-development runoff" * redundant
with policy 1.1.3 (Land Development Code)
Policy 1.5.9 Revise the following outdated language, add language about exploring new BMPs and
technologies: "The Village shall protect water quality in traditional and new alternative water supply
sources"
'r& vl[tAGE 0F KEY BISCAYilE I 2fi8 Evaluation and Appraisal Reporl (tAR) ol the Conrpreheilsive Plan
RECOMMENDED NEW OBJECTIVES AND POLICIES
. Think about unintended consequences for stormwater (e.g. swales not reducing wateL but holding
it; having water come up through swales)
. Adding language about BMPs, new technologies, green infrastructure for stormwater management
. STORMWATER MANAGEMENT - need to include updates based on the most recent stormwater
improvement implementation plan and on issuesand howtheywill be managed in thefuture. SEWERS * lnclude policies that address requirements for septic tank users to connect to the sanitary
sewer system.
. Add language on Sustainability of Solid Waste systems (waste diversion, waste reduction, home
composting, solar panels, etc)
. Add language on resiliency planning in phases that make sense; ie. Adding pumps before raising
streets. Add policies on beach protection infrastructure such as the feasibility of breakwaters. Add policy for potential to elevate road onloff island at Crandon Park which is already experiencing
flooding during heavy storm events. Update the lnfrastructure Element to address Water Supply Planning and for consistency with the
Lower East Coast Water Facilities Supply Plan.
COMPREHENSIVE REVIEW OF THE INFRASTRUCTURE ELEMENT
lmplemented: Angoing.
During this planning period
the Village will prepare a study
to review future funding needs
and necessary adjustments
to the stormwater utility fund
assessments.
The Village shall maintain the stormwater utility
assessment. The Village shall continue to update its
Drainage Master Plan as necessary to ensure the
continued efficacy of its provisions to upgrade of storm
sewer system in accordance with the specific standards
of Objective 1.1 above.
Policy 1.1.1
lmplemented: Ongoing.
The Village has
continuously planned
for and implemented
storm water and drainage
improvements village-
wide including compliance
with outfall standards
at all 17 of the outfallto
Biscayne Bay. The Village
is currently implementing
the recommendations
from the 201"6
Stormwater lmprovement
lmplementation Plan by
EAC. The Village submits
annual NPDES reports and is
audited yearly.
Current Deficiencies and Future Needs; Drainage: The
Village shall continue to upgrade the drainage system so
that stormwater outfalls into Biscayne Bay (and adjacent
canals) fully meet NPDES standards and Chapters 17-
25 and 17-302.500, F.A.C. The Village shall continue
to upgrade on-site drainage standards to ensure that
private properties retain at least the first one inch of
stormwater on-site, and permit no more runoff after
development than before development.Objective 1.1.
To provide and maintain the public infrastructure in a
manner that will insure bay water quality, and public
health, safety, and quality of life for Key Biscayne
residents.
Goals,
0bjectives &
Policies
INFRASTRUCTURE
lmplementationElement
VlLLA0E 0F l(tY BISCAYNt I 20lS EvalLratiorr and Appraisal Report (tAR) of the (]ornprehensive Plan +6-33
Obsolete. The Village is
serviced by a sanitary sewer
system.
tJnsewered Areas: The LOS shall be receipt of a DIRM
septic tank permit.Policy 1.4.2
lmplemented: Ongoing.Sewered Areas: County-wide "maximum day flow" of
preceding year shall not exceed 98% ofCounty treatment
system's rated capacity. The sewage generation standard
shall be 140 average gallons per capita per day.
Policy 1.4.1
lmplemented.Level of Service: Provide adequate capacities to meet the
LOS standards; see policies for measurable standards.Objective 1.4
lmplemented: Ongoing
th rough existing contracts
with haulers,
The Village shall monitor the cost efficiency of solid
waste collection systems and lnitiate any resulting
recommended changes in the solid waste collection and
recycling system.
Policy 1.3.1
lmplemented: Ongoing
through existing contracts
with haulers.
Future Needs; Solid Waste: Continue to achieve the
most cost-effective solid waste collecfion system,Objective 1.3
lmplemented. Septic a nd
drain field monitoring will
be phased out during this
planning perlod due to the
requirement to connect to
the existing sewe. system.
The Village shall help ensure effective functioning of
septic tanks and drain fields by cooperating with the State
and the County in the exercise of the jurisdiction of these
agencies over sepfic tanks and drain field permitling and
requirements.
Policy 1".2.1
lmplemented. Septic a nd
drain field monitoring will
be phased out during this
planning period due to the
requirement to connect to
the existing sewer system.
Current Deficiencies and Future Needs; Sewage:
Coordinate with the County and appropriate agencies
to maintain sanitary sewer service, and ensure effective
septic and drain field functioning. See Policies I.2.tfor
addltional measura bility.
Objective 1.2
lmplemented: Angoing
Through the Land
Development Code
regulations.
By statutory deadline or sooner, enact and enforce
provisions regarding on-site drainage detention,
runoff, erosion, minimum pervious open space, swale
maintenance, and drainage level-of-service standards in
order to meet requirements as outlined by Objective 1.1
above.
Policy 1.1.3
lmplemented: Ongoing.
The Village has
continuously planned
for and implemented
storm water and drainage
improvements village-
wide including compliance
with outfall standards
at all 17 of the outfallto
Biscayne Bay. The Village
is currently implementing
the recommendations
from the 2016
Stormwater I m provement
lmplementation Plan by
EAC. The Village submits
annual NPDES reports and is
audited yearly.
During the first phase of drainage master plan
implementation, the Village shall begin to mitigate to
the extent technically and economically feasible direct
stormwater outfalls into the canals and Biscayne Bay.
Anticipated improvements include a seriesof catch basins,
manholes and pipes for the collection of the stormwater
and routing to pollution control structures and drainage
wells with emergency overflows. The pollution control
devices {grease and oil separator) are to be provided
before each drainage well to prevent contamination
from entering. Emergency overflow structures are to be
constructed at the exisfing outfalls and would discharge
only when the storm events generates more than one
inch of runoff. These improvements shall be designed
to fully meet the specific standards set forth in Objective
1.1. above.
Policy 1.1.2
t-;s
vtLLAGE 0t l{tY BlscAYNt I 2rJ1s [valuatiun anrl Apprarsat 11eport (EAtt) uf the t]orrrprehensive Plan
lmplemented: Ongoing,
water conservation
is required through
enforcement of the Florida
Building Code. lt is a
recommended of this plan
that the Village update
the conservation policies
for Potable Water to be
consistent with the Lower
East Coast Water Facilities
Supply Plan.
Promote education programs that discourage waste and
conserve pota ble water.
Policy 3..5.2
lmplemented: Ongoing,
water conservation
is required through
enforcement of the Florida
Building Code. lt is a
recommended of this plan
that the Village update
the conservation policies
for Potable Water to be
consistent with the Lower
East Coast Water Facilities
Supply Plan.
By statutory deadline or sooneL enact and enforce
LDC regulations including water conservation-based
irrigation; water conservation-based plant species, lawn
watering restrictions, mandatory use of ultra-low volume
water saving devices for substantial rehabilitation
and new construction, and other water conservation
measures as feasible.Policy L.5.1
lmplemented: 0ngoing,
water conservation
is required through
enforcement of the Florida
Building Code. lt is a
recommended of this plan
that the Village update
the conservation policies
for Potable Water to be
consistent with the Lower
East Coast Water Facilities
Supply Plan.
Water Conservation: Continue to strive to reduce the
average daily per capita water consumption (dependent
upon near-term ability to measure Village-wide
consumption).
Objective 1.5
lmplemented: Ongoing
th rough existing contracts
with haulers.
Solid Waste: County solid waste disposal system
maintains a minimum of five years capacity using a
generation rate of 5.2 pounds per person per day.
Policy 1.4.5
lmplemented: Ongoing, on-
site stormwater retention is
mandated.
Drainage: Nonresidential development and
redevelopment accommodate runoff to meet Federal,
state and local requirements. Stormwater is treated in
according to Chapter 17-25 and Chapter 17-302,500,
F.A.C., with one inch of runoff retained on site.
Policy 3".4.4
lmplemented: The adopted
LOS is maintained, however,
it is a recommended of this
plan that the Village update
the LOS for Potable Water
to be consistent with the
Lower East Coast Water
Facilities Supply Plan.
Patable Water: County-wide "maximum day flow" of
preceding year shall not exceed 98% ofCounty treatment
system's rated capacity. Minimum pressure of 20 lbs./sq.
in. at property line and consumption standard of 280
avg. ga I lo ns / capita / day,Policy L.4.3
l/lLtAGt 0t l(EY BISCAYNE I zfiS [valuatrnn anrlAppraisal fieport (tAfl) of the Comprehensrve Plun {$t35
Not lmplemented. lt is a
recommendation of this
plan that the Village update
the comprehensive plan
policies for Potable Water
to be consistent with the
Lower East Coast Water
Facilities Supply Plan.
The Village shall establish a concurrency monitoring
system for water supply to ensure that the level-of-
service is satisfied at the building permit stage.
Policy 1.5.10
Not lmplemented. lt is a
recommendation of this
plan that the Village update
the comprehensive plan
policies for Potable Water
to be consistent with the
Lower East Coast Water
Facilities Supply Plan.
The Village shall protect water quality in traditional and
new alternative water supply sources.
Policy 1.5.9
Not lmplemented. lt is a
recommendation of this
plan that the Village update
the comprehensive plan
policies for Potable Water
to be consistent with the
Lower East Coast Water
Facilities Supply Plan.
The Village shall verify with the Miami-Dade County
Water and Sewer Department the availability of water
before making changes to the Future Land Use Map.
Policy 1.5.8
Not lmplemented. lt is a
recommendation of this
plan that the Village update
the comprehensive plan
policies for Potable Water
to be consistent with the
Lower Iast Coast Water
Facilities Supply Plan.
The Village shall establish a single-point-of-contact at
the South Florida Water Management District and the
Miami-Dade County Water and Sewer Department to
determine the extent to which the Village will be involved
in the planning, financing, construction and operation of
water supply facilities that will serve the community.
Policy 1.5.7
Not lmplemented. lt is a
recommendation of this
plan that the Village update
the comprehensive plan
policies for Potable Water
to be consistent with the
Lower East Coast Water
Facilities Supply Plan.
The Village shall seek and obtain a written statement
from the Miami-Dade County Water and Sewer
Department regarding the availability of water to serve
all proposed development projects, including the current
and projected demand, remaining permitted water
withdrawals, facility capacity, and scheduled capital
improvement projects.
Policy 1.5.6
Not lmplemented. lt is a
recommendation of this
plan that the Village update
the comprehensive plan
policies for Potable Water
to be consistent with the
Lower East Coast Water
Facilities Supply Plan.
The Village shall update the Master Plan within LB months
of the South Florida RegionalWater Management District
updating its regional water supply plan, highlighting
alternative water supply projects and completing the
required "Work Plan Amendment"Policy 1.5.5
lmplemented: Ongoing.
Th rough intergovernmenta I
coordination the Village will
continue to monitor water
loss in the system.
Cooperate with WASA efforts to ensure the potable
water distribution system shall reduce water loss to less
than 16% of the water entering the system.Policy 1.5.4
lmplemented:. Ongoing.
Th rough intergovern mental
coordination the Village
has access to water
consumption rates.
The Village will cooperate with Miami-Dade County in the
effort to devise a means of tracking water consumption
in the Village from customer billings or other sources.Policy L.5.3
36r&
UILAGE 0F lttY BISCAYNE I 20lB ivaluation and Appraisal tleport (EAli) nf the 0unrpretrensivn Plarl
(
(
(
t
(
t
(
(
Conservation & Coastal Management Element
CONSERVATION & COASTAT MANAGEMENT ELEMENT RECOMMENDED AMENDMENTS
The following is a list of outdated Objectives and Policies that should be revised to
address current local conditions that are of importance to the Village and the region.
Objective 1,2 - Water Pollution: Revise the Objective to update dates
Policy 1.3.1- Update language and statutes
Policy 1.4.1 Revise and update "Dade County manatee telephone hotline"
Policy 1.4.2 Revise and create more precise language (hours, locations, specific types of lighting, etc.)
Objective 1.5 - Floodplains Add policy {1.5.2} about reporting to FEMA; CRS credits?
Objective L.7 - Conservation of Wildlife and Habitat
Policy 1.7.1 lnclude language regarding additional agencies {State DEP?)
Objective 1.8 Water Supply
Policy L.8.5 Revise outdated language: "Shall implement the 10-Year Water Facilities Work Plan"
Policy 1.8.8 Revise outdated language: "Enforce Miami-Dade County's Water Use Efficiency Standards
Ordinance"
Policy 1.8.11 - Add to list: FPL Right Tree, Right Place
Objective 2.4 - Historic Preservation
- Consider expanding criteria upon which structures are designated historic
- Add policy about archeological sites, historic districts, etc.
Policy 2.4.1 Revise outdated language and Update "by 2O1.5"
Objective 3.3 - Post-Disaster Redevelopment Planning
- Consolidate language within Objective 3.3. State that PDRP exists and should be implemented immediately following a disaster. State how often it needs to be updated
Policy 3.3.2 - sub-policy for 3.3.1.; should be inciuded in the PDRP.
Objective 3.5 - Hurricane Damage Avoidance
- Lots of redundancy with other policies. Policy 3.5.1- redundancy with 1.7.3. Policy 3.5.2 - redundancy with 1.5.1. Policy 3.5.3 - redundancy with some stormwater policies (different enough)
Policy 3.5.5 - verify relevancy of documents and plans listed
Objective 3.6 Energy Conservation and GHG Reduction
VlttAGE 0t |{tY BISCAYNE I 2fi8 [valuation and Appraisal Reporl (tAR) of the Comprehensive Plan {S-37
Policy 3.6.3 - Add language about trash diversion and waste reduction
Policy 3.6.4
. "By 2015 adopt specific standards to reduce GHG emissions..."
. Was this done? Does it need to be updated to "maintain"? What is overall strategy for Climate
Change mitigation/G HG red uction?
RECOMMENDED NEW OBJECTIVES AND POLICIES
. Consider creation of the Key Biscayne Special Management Zone (SMZ).
. Hurricane Preparedness - trees (pruning, canopy maintenance), debris cleanup {pre and post)
. Expansion of Historic Structure {to include district, zones, waterfronts, etc.)
. Other mechanisms to enforce manatee and sea turtle protection
-r&
vlLtAGE 0t KEY BlscAYl,lt I 20ls tvaluatron and Apprarsat Rerlrrrt (tAR) of the 0onrprehensi,le Plan
Control emissions from all hazardous waste facilities to
comply with Lowest Achievable Emission Rates, including
vapor control systems to control hydrocarbon emissions
at gas stations.Policy 1.1.2
f mplemented:. Ongoing.
Through intergovernmenta I
coord ination, the Village
supports Miami-Dade
County's efforts to improve
air quality.
Policy 1.1.1
lmplementedl. Ongoing.
Crandon Boulevard
improvements and plans for
Harbor Drive at the Village
entrance have addressed
congestion and air quality
issues. Traffic issues will
continue to be addressed
during this planning period
through implementation
of recent tra nsportation
studies (See Transportation
Element)
Maintain compliance with traffic LOS standard thereby
avoiding congestion that would adversely impact air
quality.
lmplementedt Ongoing.
Through intergovernmenta I
coordinafion, the Village
supports Miami-Dade
County's efforts to improve
air quality.
Air Quality: lmprove air quality to achieve or maintain
applicable standards as established by the US
Environmenta I Protecfi on Agency {EPA),Objective 1.1
To preserve and enhance the significant natural features
in Key Biscayne.
Goals,
0bjectives & Element lmplementation
Policies
CONSERI,ATION AND COASTAL MANAGEMENT
(Conservation and Coastal Management goals, objectrves and policies are combined because they are complimentary. )
lmplemented: Ongoing. As
a result of lessons iearned
from Hurricane lrma in2O17,
the Village will continue
to considers new policies
to address waterfront
protecfion provisions.
By statutory deadline or sooner, enact and enforce
estuarine waterfront protection provisions in the LDC
in accordance with state of Florida Department of
Environmental Protection (FDEP) a nd waterfront policies
of DERM.
Policy 1.3.L
lmplemented: Ongoing.
Ongoing There is no official
Village map of mangroves,
However, housing projects
are evaluated on a case-by-
case basis including a review
of landscape. Should a
project signifi cantly infringe
on environmental features,
the Village would deny
approva I where appropriate.
Vegetative and Soil Resources: Achieve zero net loss of
mangroves.
Objective 1.3
lmplemented:Ongoing.
Through intergovernmental
coordination efforts.
Refer any development permit applications for storage
of hazardous waste to MDC.Policy 1.2.3
lmplemented: Ongoing
Through the Land
Development Code
requirements.
By statutory deadline or sooner, enact and enforce LDC
provisions regarding detention, runoff, erosion control,
pervious open space minimums, swales, drainage
LOS, beach dune protection and other land protection
measures.
Policy 1.2.2
lmpf ementedz O n g oing. fhe
Village collects assessments
from all property owners
to finance the Stormwater
Ufility Fund. The Village
is currently implementing
the recommendafions
from the 2016
Stormwater I mprovement
lmplementation Plan by EAC.
Based on capital cost implications of DMP, activate the
stormwater utility assessment as a basis for bonding by
1998. Update DMP to upgrade storm sewer system to
meet standards of Objective 1.L of the lnfrastructure
Element.Policy L.2.1
lmplementedz Angoing.
The Village has
continuously planned
for and implemented
storm water and drainage
improvements village-
wide including compliance
with outfallstandards
at all 1"7 of the outfallto
Biscayne Bay. The Village
is currently implementing
the recommendations
from the 2016
Stormwater I mprovement
lmplementation Plan by
EAC. The Village submits
annual NPDES reports and is
audited yearly.
Water Pollution: Upgrade drainage system so outfalls
into Biscayne Bay {and adjacent canals) fully meet NPDES
standards and Chapters 17-25 and 17-302.500, F.A.C.,
by 1998. Upgrade private property on-site drainage
standards to ensure retention of at least the first one inch
of stormwater, and no more runoff after development
than before.
Obiective 1.2
VlLtAGE 0t KEY BlSCAYllt I 20lB fvaluatrorranrl Appraisal fieport (iAR) of the Cornpreh0nsive Plan
tf6\39
lmplemented:. Angoing.
Through the Land
Development Code
requirements and the
Capital lmprovement
Program which includes
yearly beach renourshment
activities.
Limit permits (within Village jurisdiction) for beach
restoration or renourishment borrow areas to those that
do not negatively affect offshore reefs or grass flats.
Policy 1".7.2
lmplemented: Ongoing.
Through the Land
Development Code
requirements and the
Capital lmprovement
Program which includes
yearly beach nourishment
activities.
Cooperate with US Army Corps of Engineers {ACE) for
beach renourishment as necessary to minimize damage
to offshore grass flats, terrestrial and marine animal
habitats and dune vegetation,Policy 1.7.1
lmplemented: 0ngoing
Through education and
enforcement efforts.
Conservation of Wildlife and Habitat: Achieve zero
degradation of fisheries, wildlife, wildlife habitat, marine
habitat and environmentally sensitive land.
Objective 1.7
lmplemented: Ongoing.
Through intergovernmenta I
coordination efforts.
Enact and enforce and emergency water conservation
based on South Florida Water Management District
{SFWMD) model ordinance and requirements.
Policy 1.6.1
lmplemented: Ongoing.
Through education
and intergovernmental
coordination efforts.
Emergency Water Conservation: Reduce per capita
water consumption by at least 10% in the event of a
water supply emergency (pending upon near term ability
to measure Village-wide consumption).
Objective 1.6
lmpfemented: Ongaing.
Through Land Development
Code and the 2017 Flood
0rd ina nce requirements.
Village Manager shall design and promulgate
specific management techniques to ensure effective
enforcement of FEMA regulations, Flood damage
prevenfion regulations shall be enforced by the Village.
Policy 1.5.1
lmplemented: Angoing.
The Village has a base flood
elevation ordinance that is
more restrictive than FEMA s
requirements.
Floodplains: Achieve construction of all new building first
floors at or above FEMA specified flood regulations and
also, for non-residential uses only, in accordance with
FE MA a pproved wate rproof construction specifi cations.
Objective 1.5
lmplemented: Ongoing.
Through Land Development
Code requirements.
By statutory deadline or soone6 enact and enforce land
development provisions to minimize light on beach areas
where sea turtles nest.
Policy 1.4.2
lmpfemented Angoing
Through enforcement
and intergovernmental
coordination efforts.
Village police will report speeding violations in manatee
protecfion areas to County and State marine police, and
publicize the MDC manatee telephone hotline to the
public.
Policy 1.4.1
lmplemented: Ongoing.
Through education
and intergovernmental
coordination efforts.
Sea Turtle Preservation: Strive to achieve zero human-
induced loss of manatees and/or sea turtle eggs.Objective 1.4
lmplemented:. Ongoing.
Th rough intergovernmental
coordination efforts.
Contact DERM if any adverse impact is observed relative
to the limited sea grass beds in adjacent Bay waters.Policy 1.3.2
.rr&
ULm0E 0t KtY BISCAYNE I 20lB [vaiLration and Aptlraisal fispurt {[AR) of the tunrpre hsn$ivc Plan
lmplementedz Ongoing.
The Village has created a
volunteer beach clean-up
program that coincides with
a national annual coastal
clean-up effort.
Promote beautification with an annual clean-up drive for
the beaches and shorelines,
Policy 1.7.12
lmpfemented:. Angoing.Cooperate and comply with Federal, state and county
programs and mandates regarding dockside pump out
facilities.
Policy 1.7.11
lmplemented: Angaing.
The Village has created a
volunteer beach clean-up
program that coincides with
a national annual coastal
clean-up effort.
Coordinate with County and FDtP in monitoring coastal
waters and sediments.
Policy 1.7.10
lmplementedz Angoing.
Through the landscape
requirements in the Land
Development Code.
Prohibit and require eradication of invasive species on all
sites of new and redevelopment projects.Policy 1.7.9
lmplemented: Ongoing.
Through the landscape
requirements in the Land
Development Code.
Give preference to salt tolerant landscaping over
traditional materials in the enactment of the landscape
requirements of the LDC.
Policy L.7.8
lmplementedl Angoing.
Through intergovernmental
coordination with DERM.
Require all new shoreline development affecting marine
habitats to be reviewed by DERM.?olicy 1.7.7
lmplemented: Ongaing.
Cape Florida State Park/Bill
Baggs is officially recognized
as a bird sanctuary.
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.
Policy 1,7.6
f mplementedz Angoing.Prohibit deposit of solid waste or industrial waste that
create a health or environmental hazard.Policy 1.7.5
lmplemented. This applies
only in canals or in natural
harbors (e.g. Hurricane
Harbor; within the Yacht
Club). The Village limits end
at shoreline on Bayside.
Measured at high fide, 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.
Prohibit dredging or filling that would result in the
destruction of grass/algae flats, hard bottom or benthic
communities within Village limits,
Policy L.7.4
lmplemented: Ongoing.
Through restrictions on
construction to Coastal Zone
A.
By statutory deadline or soonet enact and enforce
LDC provisions requiring minimum building setbacks
from the ocean. Prevent encroachment on beach front
according to the Dune Restoration Area of the FLUM and
the Coastal Construction Control Line.
Policy 1.7,3
VlLtAGt 0F l(tY BISCAYNE I ?0lS ivaluation and Appraisal Reporl ([AIt) of the ConrpreheilsivB Plai] {6*-
lmplemented. Ongoing,
water conservation
is required through
enforcement of the Florida
Building Code. lt is a
recommended of this plan
that the Village update
the conservation policies
for Potable Water to be
consistent with the Lower
East Coast Water Facilities
Supply Plan.
The Village shall continue to implement the same or
more stringent water conservation measures through its
land development regulations.
Policy 1.8.3
lmplemented. The adopted
LOS is maintained, however,
it is a recommended of this
plan that the Village update
the LOS for Potable Water to
be consistent with the Lower
East Coast Water Facilities
Supply Plan.
The Village shall adopt 155 gallons of water per person
per day as its level-of-service standard for residential
and nonresidential users.
Policy 1.8.2
lmplemented. The Village
monitors water supply
through concurrency,
however, it is a
recommended of this plan
that the Village update the
LOS for Potable Water to be
consistent with the Lower
East Coast Water Facilities
Supply Plan.
The Village shall coordinate land uses and future land
use changes with the availability of water supplies and
water supply facilities.
Policy 1.8.L
lmplemented. The Village
monitors water supply
ihrough concurrencV,
however, it is a
recommended of this plan
that the Village update the
LOS for Potable Water to be
consistent with the Lower
East Coast Water Facilities
Supply Plan.
Water Supply: Assist the Miami-Dade County Water and
Sewer Department in ensuring there is sufficient water
supply for existing and new development in the Village.
Objective 1.8
ln progress.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.
Policy 1.7.14
ln progress.Enact and enforce an emergency water conservation
plan, through a water shortage ordinance consistent
with SFWMD.
Policy 1.7.13
";fff vt[[AoE 0F KEY BtscAYNE I 2fis [vatuation and Appraisal Repurt (tAR) of the Oonrprehensive Plan
I
lmplemented. Ongoing,
water conservation
is required through
enforcement of the Florida
Building Code, lt is a
recommendation of this
plan that the Village update
the conservation policies
for Potable Water to be
consistent with the Lower
East Coast Water Facilifies
Supply Plan.
The Village shall enforce Miami-Dade County's Water Use
Efficiency Standards Ordinance, adopted on February 5,
2008.
Policy 1.8.8
Not lmplemented. lt is a
recommendation of this
plan that the Village update
the conservation policies
for Potable Water to be
consistent with the Lower
East Coast Water Facilities
Supply Plan.
ln in the future there are issues associated with
water supply, conservation or reuse, the Village shall
immediately contact the Miami-Dade County Water
and Sewer Department to address the corresponding
issues. ln addition, the Village will follow adopted
communication protocols with the Miami-Dade County
Water and Sewer Department to communicate and/
or prepare an appropriate action plan to address any
relevant issue associated with water supply, conservation
or reuse.
Policy 1.8.7
Not lmplemented. lt is a
recommendation of this
plan that the Village update
the conservation policies
for Potable Water to be
consistent with the Lower
East Coast Water Facililies
Supply Plan.
Since the potable water network is an interconnected,
countywide system, the Villages' Planning Department
shall cooperate with the Miami-Dade County Water and
Sewer Department to jointly develop methodologies and
procedures for biannually updating estimates of system
demand and capacity, and ensure that sufficient capacity
to serve development exists.
Policy 1.8.6
Not lmplemented. lt is a
recommendation of this
plan that the Village update
the conservation policies
for Potable Water to be
consistent with the Lower
East Coast Water Facilities
Supply Plan.
The Village shall implement the lO-Year Water Facilities
Work Plan to ensure that adequate water supplies and
public facilifies are available to serve the water supply
demands of the Village's population.
Policy 1.8.5
lmplemented. Ongoing,
water conservation
is required through
enforcement of the Florida
Building Code. lt is a
recommendation of this
plan that the Village update
the conservation policies
for Potable Water to be
consistent with the Lower
East Coast Water Facilities
Supply Plan.
The Village shall conserve potable water resources,
including the support of reuse programs and potable
water conservation strategies and techniques,
Policy 1.8.4
VlLLAGt 0F KtY BISCAYNE I ?01S tvaluation anrlAppraisal fleport (tAR) of the eomprehen$ivi) Plan +6-43
f mplemented: Ongoing.Beaches and Dunes: Achieve no new major development
or redevelopment seaward of the Coastal Construction
Control Line and restore and preserve a naturally
vegetated dune along the entire Atlantic Ocean frontage
of the Village.
Objective 2.2
lmplemented. Ongoing
through the enforcement
of the Land Development
Code.
New water-dependent uses shall meet specified criteria
incorporated in LDC by statutory deadline or sooner.Policy 2.1.2
lmplemented. The Land
Development Code is
consistent with the Master
Plan and the FLUM.
By statutory deadline or soonei enact and enforce zoning
districts based on Multi- family Residential, Ocean Resort
Hotel, Waterfront Recreation and Open Space Land Use
Plan categories, and consistent with density limits in the
FLUM.
Policy 2.1.1
lmplemented. Ongoing,
the zoning code has a
designafion for private clubs
with ocean or bay frontage.
Water-Dependent and Water-Oriented Uses: Preserve
existing and planned sites for water-dependent and
water-oriented ocean hotel resort uses, and assure that
marina expansion or development meets appropriate
locafion standards.
Objective 2.1
To conserve and manage the environmental resources
and man-made uses in the coastalarea of Key Biscayne.
lmplemented. Ongoing,
water conservation is
addressed through the Land
Development Code. lt is a
recommended of this plan
that the Village update
the conservation policies
for Potable Water to be
consistent with the Lower
East Coast Water Facilities
Supply Plan.
The Village may encourage the use of Florida Friendly
Landscape guidelines and principles; gutter downspouts,
roof runofl and rain harvesting through the use of rain
barrels and directing runoff to landscaped areas; drip
irrigation or micro-sprinklers; and the use of porous
surface materials (bricks, gravel, turf block, mulch,
pervious concrete, etc.) on walkways, driveways and
patios.
Policy 1.8.L1
lmplemented. Ongoing,
water conservation is
addressed through the Land
Development Code
The Village shall encourage the use of sub-metering
for all multi-unit residential developments, including
separate meters and monthly records kept of all major
water-using functions such as cooling towers and
individual buildings, in all new and redeveloped multi-
family residenfi a I projects.
Policy 1.8.1"0
lmplemented. Ongoing,
water conservation
is required through
enforcement of the Florida
Building Code. lt is a
recommended of this plan
that the Village update
the conservation policies
for Potable Water to be
consistent with the Lower
!ast Coast Water Facilities
Supply Plan.
The Village may consider requiring the use of high-
efficiency toilets, showerheads, faucets, clothes
washers, and dishwashers in all new and redevelopment
residential projects.
Policy 1.8.9
";ffI uLnGE 0t KEY BISCAYNE I 2fis tvaluation and Appririsal lleport ([AR) uf the Csmprehensive Plan
lmplemented. 0ngoing
through the enforcement of
the Land Development Code
and NPDES annual reporting.
Biscayne Bay Preservation: Assist the County, FDEP and
National Park Service (NPS) to preserve and enhance
Biscayne Bay Aquatic Preserve.Obiective 2.5
Not implemented. There
are no historic structures
older than 50 years and
therefore none that meet
the requirements of the
National Register.
Based upon historical accounts of early development
in the Village, by 2015 the Village shall identify all
properties eligible for designation on the National
Register of Historic Places.Policy 2.4.1
Not implemented. There
is no local designation
process, nor a list of historic
properties because there
are no structures on the
lsland older than 50 years
and of significant historical
merit.
Historic Preservation: No later than 201"5, prepare a list
of potentially significant historic structures.
Objective 2.4
lmplemented. The Village
has an agreement on an
easement with the Grand
Bay Resort.
The Village shall maintain an exisfing agreement with a
private property owner to provide beach access open to
the general public.Policy 2.3.L
lmplemented: AngaingBeach Public Access: Maintain a municipal beach access
point open to the general public, Village residents, and
their guests.
Objective 2.3
lmplemented. Ongoing.
Beach renourishment is
funded through the Village
Capital lmprovement Plan.
The Village shall evaluate the need for and efficacy of
alternate financing mechanisms to pay for for beach
renourishment and dune development as a supplement
to achieving beach renourishment and dune development
via regulations of development and redevelopment.
Policy 2.2.3
lmplemented. Ongoing
through the enforcement
of the Land Development
Code.
The Village shall enforce as part of the land development
code dune development and vegetation planfing
requirements in conjunction with any new beachfront
development and redevelopment, Dune grading and
planting requirements shall be drafted to ensure the
highest level of restoration of natural conditions which is
economically and technically feasible. The requirements
shall apply to both development and redevelopment.
Policy 2.2.2
lmplemented. Ongoing
through the enforcement
of the Land Development
Code.
The Village shall enforce as part of the land development
code minimum oceanfront setback requirements
including protection of the proposed dune system. The
requirements shall specify that no additional buildings
may be built seaward of the coastal construction control
line and that only limited boardwalks, gazebos and
similar structures may be built seaward of the coastal
construction control line. The requirements shall apply
to both development and redevelopment.
Policy 2.2.L
VILLAGE 0F KtY BISCAYNE I 201S [valuatiorrand Appraisal Report ([All) of the eorrrpre hrlnrive Plan
16\*
lmplemented: Ongoing.
It is recommended that
updates be made based on
experiences that resulted
from Hurricane lrma in2017
The Village shall update its hurricane emergency plan;
the plan shall be consistent with the current Miami-Dade
County Emergency Operations Plan and the most current
hu rricane evacuation study.
Policy 3.2.2
lmplemented:. Ongoing.
Evacuation time is based
on the maximum density of
development permitted by
the FLUM and the zoning
code.
Maintain traffic LOS, based on FLUM, to achieve a
reasonable hurricane evacuation time.
Policy 3.2.1
lmplemented: Ongoing.
Evacuation time is based
on the maximum density of
development permitted by
the FLUM and the zoning
code.
Hurricane Evacuation: Maintain an out-of-County
13 hour hurricane evacuation clearance time or an
evacuation time of L2 hours to a shelter.Objective 3.2
lmplemented.Objective 3.1 and Policy 3.1.1 should not preclude
plans to extend sewer lines, improve drainage facilifies
or reconfiguration of streets to provide adequate
infrastructure to serve Future Land Use Plan development
or prior vested development rights.
Policy 3.1.2
lmpf emente dz O n going. The
Village does not subsidize
private development; it pays
for its own infrastructure
needs.
Limit funding of public infrastructure expansion if the
effect is a direct subsidy to a specific private development
in the Village.Policy 3.1.1
lmplementedl- Angoing.
lnfrastructure is based on
the maximum density of
development perm itted by
the zoning code.
Coastal High-Hazard Area Land Use and lnfrastructure:
Limit Village funds on lnfrastructure within the coastal
high-hazard area that would have the effect of directly
subsidizing development which is significantly more
intense than authorized by this plan. The Coastal High
Hazard Area is defined as the area below the elevation
of the Category 1 storm surge line as established by a
Sea, Lake and Overland Surges from Hurricanes {SLOSH)
computerized storm surge model. The Coastal High
Hazard Area is identified on the Future Land Use Map
series.
Objective 3.1
To minimize human and property loss due to hurricanes.
Not implementedContribute to the improvement of Biscayne Bay water
quality through cooperation and consultation with the
Biscayne Bay Shoreline Development Review committee,
FDEP and the NPS.
Policy 2.5.2
lmplemented. The Village
is entirely serviced by
sanitary sewer. All existing
properties currently utilizing
septic tanks and drainfields
will be required to tie-in to
the sewer system during this
planning period.
Contribute to the improvement of Biscayne Bay through
implementation of DMP, replacing septic tanks with
sanitary sewers tied into the County system and/
or upgrading of septic tank and drainfield standards,
mandating on-site stormwater detention and marina
siting standards according to lnfrastructure Element and
this Element.
Policy 2.5.1
,e ULLAGE 0t KEY BISCAYNE I 2fiS fvaluatrsri and Apprais;rl fleprrit (IAR) of the Conrprehensive Plan
46
lmplemented: OngoingBy statutory deadline or sooner, enact and enforce LDC
provisions requiring minimum setbacks from the ocean
and compliance with the CCCL regulations.
Policy 3.5.1
lmplemented: OngoingHurricane Damage Avoidance: Minimize damage from
any hurricane storm surge. See Policies for measurabillty.Objective 3.5
lmplemented: Ongoing.lmplement concurrency management system with
phased capital improvement schedule to achieve and
maintain LOS standards concurrent with the impact of
development.
Policy 3.4.1
fmplementedz Ongoing.
During the site plan review
process, the Village reviews
LOS and concurrency
to ensure the project is
consistent with them.
Level of Service and Public Facility Timing: Achieve LOS
standards by concurrency and a capital improvement
schedule.Obiective 3.4
lmplementedz Ongoing.
It is recommended that
updates be made based on
experiences that resulted
from Hurricane lrma in2OI7
Unsafe conditions and inappropriate uses identified in
recovery phase will be eliminated as opportunities arise.
Policy 3.3.4
lmplemented: Ongoing.
It is recommended that
updates be'made based on
experiences that resulted
from Hurricane lrma in20L7
Du ring recovery periods, use post-d isaster redeve lopment
plan to reduce or eliminate future exposure of life and
property to hurricanes, incorporate recommendation of
interagency hazard mitigation reports and recommend
any amendments to MP.
Policy 3.3.3
lmplemented: Ongoing.
It is recommended that
updates be made based on
experiences that resulted
from Hurricane lrma in20t7
The adopted plan will specify that during post-disaster
redevelopment, the Building, Zoning and Planning
Department will distinguish between those actions
needed to protect public health and safety with
i m med iate re pa ir/clea n-up a nd long te rm repa ir activities
and redevelopment areas. Removal or relocation of
damaged infrastructure and unsafe structures shall be
by the Village in accordance with local procedures and
those agencies and practices specified in the Miami-
Dade County Emergency Operations Plan.
Policy 3.3.2
lmpfemented: Ongoing.
It is recommended that
updates be made based on
experiences that resulted
from Hurricane lrma rn20L7
By 20L5, based upon staff review of post-disaster
assessment, clean-up and housing repair experiences,
the Village shall prepare a post-disaster redevelopment
plan in consultation with the South Florida Regional
Planning Council, Miami-Dade County and the
appropriate federal agencies. Special attention shall be
devoted to the Building Official's permitting process to
distinguish between minor and major repairs, require
demolition or nuisance removal, and similar regulatory
approaches.
Policy 3.3.1
lmplemented: Ongoing.
It is recommended that
updates be made based on
experiences that resulted
from Hurricane lrma in2A77
Post-Disaster Redevelopment: Adopt a post-disaster
redevelopment plan by 2015.
Objective 3.3
l/lttAGE 0F l(EY BISCAYNE I 2018 [valuation and Apprarsal Repori (tAil) of the eornprehensivs Plan 4$*"
ln progress. Village
municipal and maintenance
programs encourage energy
conservation.
The Village shall, through the current site plan review
procedures, encourage the diversion from landfills of
materials that are recyclable when issuing construction
demolition permits.
Policy 3.6.5
ln progress. Village
municipal and maintenance
progra ms encourage energy
conservation.
As the replacement of municipal vehicles is scheduled,
the Village shall consider the availability of replacement
with low emission or fuel efficient vehicles.Policy 3.6.5
ln progress. Village
municipal and maintenance
programs encourage energy
conservation.
The Village shall amend the land development regulations
to adopt specific standards and strategies that address
greenhouse gas emissions, energy efficient housing, and
overall energy conservation by 2015.
Policy 3.6.4
ln progress. Village
municipal solid waste pick-
up includes recycling. lt is a
recommendation of this plan
to encourage education on
waste diversion.
The Village shall, to the extent financially feasible,
provide educational materials and promote recycling to
enhance the efficiency of curbside pick-up, reduce the
materials being sent to landfills, and ultimately reduce
methane production,
Policy 3.6.3
ln progress. Village
municipal and maintenance
progra ms encourage energy
conservation.
The Village shall develop standards and principals to
provide for the improvement of energy efficiency in
municipal services and programsPolicy 3.6.2
In progress. Village
municipal and maintenance
programs encourage energy
conservation.
The Vil lage sha I I encou rage energy-efficient construction
methods and develop initiatives to encourage energy
conservation techniques in municipal and private-sector
development.
Policy 3.6.1
ln progress. Village
municipal and maintenance
progra ms encourage energy
conservation.
Energy Conservation and Greenhouse Gas Reduction:
The Village shall encourage methods for integration of
energy conservation technologies in new construction
and redevelopment and in Village municipal programs
and services.
Objective 3.6
lmplemented: The Village
does not subsidize private
development.
Limit funding of public infrastructure expansion if the
effect is a direct subsidyto a specific private development
in the Village.
Policy 3.5.5
Not implemented. The
Village is maintaining levels,
but not reducing them.
Reduce permitted population densities according to
FLUM to coordinate with 1991 MDC EOP (local)and lower
Southeast Florida Hurricane Evacuation Plan (regional).
Policy 3.5.5
Not implemented. Zoning in
the LDC reflects the MP.
Monitor changes to and recommend County Emergency
Operations Plan (EOP) hazard mitigation reports as basis
for amending MP and LDC as appropriate.
Policy 3.5.4
lmplemented: Ongoing.
Onsite stormwater retention
is mandated.
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.
Policy 3.5.3
lmplemente d; O ngoing. ln
201"7 the Village updated the
Flood Ordinance.
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 construcfi on specifi cations.
Policy 3.5.2
,e UIAGE 0F KEY BISCAYNE I 2018 Evaluation and A1lprai$al Repnrt (tAfl) of the Conrprehonsive Plan
48
(
(
i
Recreation and 0pen Space Element
RECREATION AND OPEN SPACE ELEMENT RECOMMENDED AMENDMENTS
The following is a list of outdated Objectives and Policies that should be revised to
address current local conditions that are of importance to the Village and the region.
Objective 1.1 - Waterfront Access
- Policy L.1.L - redundancy (exactly the same as Objective 2.3 and Policy 2.3.1)
Policy L.3.1 Revise the following outdated language: Adjust and update LOS data table as needed
Policy 1.3.2 - Consider revision to realign to come before 1.3.1; or consider merging policies
Policy 1.3.4 - Revise the outdated language and include the need for a new Parks Master Plan to be
prepared during this planning period.
Policy 1.3.5 Revise the following outdated language: "No later than Dec 31", 201"5, explore a recreation
impact fee". Consider deleting, the impact fee was not established during the last planning period.
RECOMMENDED NEW OBJECTIVES AND POLICIES
. Recreation impact fee, should be deleted if no longer a desire of the Village. Revise inventory policy to specify a GIS based inventory be created
. Add a new policy to prepare a new Parks Master Plan during this planning period
COMPREHENSIVE REVIEW OF THE RECREATION AND OPEN SPACE ELEMENT
VILIAGE 0F KEY BISCAYNI I 20lS lvaluation anrl Appraisal Reporl (tAR) of the Comprehensive Plan 4$i-'g
ln progress.Public Recreation Facilities: Achieve park and recreation
lands (with facilities) of at least 2.5 acres per 1,000
people permanent population.
Objective 1.3
lmplementedThe Village shall maintain a joint use agreement with
School Board to assure resident access to the school's
playfields.
Policy 1.2.1-
lmplemented.School Playfield Access: Assure resldent access to the
elementary school playfi eld.Objective 1.2
lmplemente d: On going. The
Village maintains the Beach
Park.
The Village shall continue to maintain the Beach Park as
the principal municipal ocean beach access point within
the Village.
Policy 1.1.1
lmplemented: Ongoing.
The Village maintains the
Beach Park and offers FAR
incentives for beach access
easements.
Waterfront Access: Continue to provide for a municipal
ocean beach access point within the Village.
Obiective 1.1
Provide a desirable level of public recreation and open
space facilities together with supplemental private
recreation and open space facilities,
Goals,
0bjectives &
Policies
RECREATION AND OPEN SPACE
lmplementationElement
Not implemented. No
system currently exists to
automatically update the
inventory of properties. lt
is recommended that the
Village institute a GIS based
inventory tracking program
in this planning period.
The following properties shall be included in the inventory
of Parks and Recreation Space:
25.10Total
0.52530 Crandon Blvd
0.03Hacienda Canal Pocket Park
1.17Library Park
1.95Community Center
2.13St. Agnes Field
2.00Beach Park
2.78East Enid Lake Park
2.02Key Biscayne K-8 Center
9.50Village Green
3.00Calusa Park
AcreageParks and Recreation Space
This inventory of properties shall be automatically
updated to include any additional recreational and
open space properties acquired or utilized via a long
term lease. The public beach shall not be included in
any calculation in order to meet the Village's Parks and
Recreational Open Space Level of Service standard.
Policy L.3.5
Not implemented. No
impact fee is in place at this
time.
No later than December 31", 2015, the Village shall explore
a recreation impact fee to help finance acquisitions and
improvements.
Policy 1.3.5
ln progress. The Village
has acquired and improved
land and build several
new facilities over the
past planning period, it
is recommended that a
new Parks Master Plan be
prepared in this planning
period.
As acquisition of park tracts is assured, the Village shall
finalize detailed planning for facilities such as ball fields
and playgrounds. A phased implementation plan shall be
initiated.
Policy 1.3.4
ln progress. As mentioned
above, the Village continues
to pursue opportunities to
acquire additional park land
Continue to pursue acquisition {purchase or lease) of
park land to meet LOS standard outlined in Capital
lmprovement Schedule.Policy 1.3.3
ln progress.The Village shall achieve and maintain a Level of Service
standard of at least 2.5 acres of local public park land per
1,000 permanent population.
Policy 1.3.2
ln 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, recently
acquiring a residential lot to
be used as a neighborhood
pocket park.
The Village shall actively seek to acquire through
purchase, long term lease and/or donation, sufficient
additional acreage to meet the standard of 2.5 acres per
1,000 people permanent population. The standard of 2.5
acres per 1,000 permanent residential shall be used for
concurrency purposes.
Policy 1.3.1
50rAS
uLIAGE 0F lttY BtscAYNE I ?ttls tvaruaiion and A1rprar$al tteport (IAR) of the Conrprehensive Plan
Not implemented. No
system currently exists
to inventory private and
semi-public facilities, lt
is recommended that the
Village insfitute a GIS based
inventory tracking progra m
in this planning period.
The Village Manager or designee shall maintain an
inventory of all private and semi-public recreational
facilities.
Policy 1.5.1
ln progress. lt is
recommended that a
new Parks Master Plan be
prepared in this planning
period.
Public-Private Coordination: Explore and implement a
fully coordinated system of recreation resources.
Objective 1.5
I mplemented. Key Biscayne
developed a Village center
and is continuing to
maintain it.
The Village shall maintain a village center in order to
provide for central public open space.Policy 1.4.3
lmplemented. Ongoing
through enforcement of the
Land Development Code
The Village shall maintain a LDC zoning district to
implement Waterfront Recreation and Open Space land
use category and thereby preserve such open space
uses such as the beach club and yacht club. The amount
of open space required by these regulations shall be
consistent with the high property values of the island
and the need to ensure reasonably satisfactory levels of
access to light and air; but pervious area shall not be less
than 15 percent of total site.
Pohcy L.4.2
lmplemented. Ongoing
through enforcement of the
Land Development Code.
The Village shall maintain as part of LDC minimum front,
side and rear setbacks and minimum pervious open
space for all new construction. Definitions and standards
will be included. The amount of open space required
by these regulations shall be consistent with the high
property values of the island and the need to ensure
reasonably satisfactory levels of access to light and air,
but pervious area shall not be less than 30 percent of
total site area for the average single family residential
site.
Policy 1.4.1
lmplemented. The Village
has built the Village
Green and Beach Park. lf
development generates a
demand on open space and
public recreation facilities, it
is required to submit open
space as part of its plan.
Open Space: Achieve semi-passive public open space
in the central part of Viilage, public open space on the
waterfront plus private open space in conjunction with
any new private development.Objective 1.4
VIttAGt 0F KtY BISCAYNE I 20lS lvaluatron and Appraisal tleport ([Atl) of the tJonrprehensive Plan S-51
!t
Iililt
lntergovernmental Coordination Element
INTERGOVERNMENTAT COORDINATION ETEMENT RECOMMENDED AMENDMENTS
The following is a list of outdated Objectives and Policies that should be revised to
address current local conditions that are of importance to the Village and the region.
Objective 1".1- Coordination with the County Plan and School Board - Revise the outdated language in
Description paragraph - no mention of Miami 21 and other county plans that need to be included.
Policy 1.1.6 Revise the following outdated language: Says to establish LOS standard for public school
facilities, but does not set them, revise to be consistent with the Public School Element of this plan.
Policy 1,2.1 Revise the following outdated language: "by 20t5"
- Review leases and agreements and revise as needed:
. Virginia Key Sites for Recreation and the Causeway. MAST Academy for Recreation. Key Biscayne Presbyterian Church for Recreation. Management Agreement for Calusa Park. Key Biscayne K-8 Center (for playground)
. Other areas
Policy 1.2.4 Revise the following outdated language: "Replacement of septic tanks with sanitary sewers
tied into County system."
Policy 1.2.6 Revise the following outdated language: "Work with Miami-Dade County and City of Miami
to create a program for annual evaluation of affordable housing" and 'Affordable Housing fee trust fund
partnership with MDC or City of Miami"
Policy L.3.2 Revise the following outdated language: "Tracking system that measures increase in population
resulting from development"
Policy 1.3.6 Revise the following outdated language: "Coordinate with Lower East Coast Water Supply Plan
Update"
RECOMMENDED NEW OBJECTIVES AND POTICIES
. Create policies to support participation in regional coordination efforts to combat current issues such
as sea level rise, resiliency, climate change, waste management reduction and recycling, additional
traffic safety and multi-modal options. lnclude a policy in support of the Southeast Florida Regional
Climate Change Compact.. lnclude a policy in support of continuing the new financing programs for solar and energy efficient
retrofits including the PACE and the Co-op programs.
. Consider a policy in support of intergovernmental coordination in regards to the Village owning
riparian rights in the Bay, possibly for the purpose of Village owned buoys.
. Create a policy to support coordination with other governing agencies on a plan for a breakwater
to protect the beach and protect against the environmental degradation (gas and oil leaks) that can
result from boats sinking or running aground during a hurricane event.
. lnclude a policy on continue diplomacy, including through participation in regional organizations
such as the Miami-Dade League of Cities, the South Florida Regional Planning Council and other
opportunities {i.e. "Dade Days" in Tallahassee). lnclude a policy to initiate intergovernmental coordination with all transportation planning authorities
to address the integrity and future funding for improvements to the Bear Cut Bridge and the
Rickenbacker Ca useway.
.rr&
uIIAGE 0t ltEY BISCAY]IE I 20ls tvaluation and Appraisal Report (EAR) of the Comprehensive Plan
. lnclude a policy to initiate intergovernmental coordination with the Miami-Dade County School
Board to address the possibility of utilizing the "Old Frost Museum" as a future new High School to
accommodate students from Key Biscayne and the Brickell and Roads neighborhoods.. lnclude a policy to continue coordination with the Miami-Dade County School Board on the future
of the Key Biscayne K-B Education Center, which could include a new performing arts center and a
modern library.. lnclude a policy to continue coordination with the County, the City of Miami Beach and City of Miami
as appropriate for maintenance of traffic during programmed events (The 3oat Show and future
events for the Miami Marine Stadium) and future uses on Virginia Key that will impact traffic on the
Rickenbacker causeway.. Revisit Level of Service standards to ensure consistency with other elements of the plan, Revise to
include a statement that the Village is supportive of concurrency management as a community value
o Only sewage and potable water
COMPREHENSIVE REVIEW OF THE INTERGOVERNMENTAL COORDINATION ELEMENT
vILLAGE 0F l(EY BISCAYNt I 20lB [valuation arlri Appraisal fiepurt (tAR) of thr; Conrprehensive Plan
t[6\tt
lmplemented: OngoingReview and compare proposed development in City of
Miami and MDC with proposed development of Village
Comprehensive Plan; and, where appropriate, respond
at public hearings, through memoranda, or through the
SFRPC mediation process.
Policy 1.1.4
Obsolete. The Village has
not attempted to annex
any land nor does it foresee
doing so.
Use informal mediation process of SFRPC to resolve
annexafion and other conflicts with other governmental
entities.Policy 1.1.3
lmplemented: Ongoing.
The Village may desire to
expand the dialogue to
include schools outside of
the Village, considering the
fact that students attend
schools at MAST Academy
and at Coral Gables High.
The Village shall maintain an active dialogue with School
Board staff concerning any plans for schools within the
Village.
Policy L.L.2
lmplemented: Ongoing.
Where the County makes
decisions that affect the
Village, such as on Virginia
Key, in Crandon Park or at
the Seaquarium, the Village
monitors its actions.
The Village shall continue to monitor the MDC
Comprehensive Development Master Plan amendment
process as County Plan is updated.
Policy 1.1.1
ln progress.Coordination with the County Plan and School Board:
Achieve consistency between the Village Plan and both
MDC Comprehensive Development Master Plan and City
of Miami Comprehensive Plan; achieve coordination
with the plans of the Miami-Dade County School Board.
See policies throughout this element for measurability.
Objective 1.1
To maintain and establish plocesses to assure
coordination with other governmental entities where
necessary to implement this plan.
Goals,
0bjectives &
Policies
I NTERGOt'ERNMENTAT Ct}(lROI NATION
lmplementationElement
Impfemented: Ongoing.lmplementotion of Master Drainage Plan.
lmplemented: Ongoing.lmprove Biscayne Bay water quality by the followingPolicy 1.2.4
Assist in providing information regarding services such as
waste, \Mater, sewers, transit and hurricane response to
residents.
Policy 1.2.3
lmplemented:. )ngoing.
Where the County makes
decisions that affect the
Village, such as on Virginia
Key, in Crandon Park or at
the Seaquarium, the Village
monitors their actions.
Maintain dialogue with Metro-Dade Planning Dept.
and other County agencies relative to limiting land use
intensity.
Policy 1.2.2
ln progress.Other qreas within or proximate to the Village: An
qgreement or lease with other sreas within the Village,
qs necessary.
lmplemented. The Village
maintains the property in
exchange for its use during
certain hours,
Key Biscoyne K-B Center: An agreementto cooperate and
coordinste with the Miami-Dade County School Board to
make the K-8 Center playground available for community
use.
Not implemented.
Although the Village still
does not meet the standard
of 2.5 acres per 1-,000
persons, it has added parks
and recreation space to its
roster.
Management Agreementfor Calusa Park: The Villoge shall
encourqge Miami-Dade County to make improvements
to Calusa Park consistent with the Crandon Pqrk Master
Plan. The Village shall pursue dn dgreement with the
Miami-Dade Caunty Park and Recreation Department to
provide for Village management of Calusa Park.
lmplemented. The Village
is a member of the Virginia
Key Master Plan Committee,
which is guiding the
development of Virginia Key
Lease of Virginia Key Site(s) for Recreation qnd the
Causeway: A lease agreement by which the Villoge would
commit to develop and maintain recreatian facilities at
one or mare sites on Virginia Key and/or the Causeway.
lmplemented: OngoingLease of the Key Biscayne Presbyterian Church for
Recreatian: A lease ogreement by which the Village would
cammit to develop and maintoin recreatian facilities on a
portion of the Key Biscayne Presbyterian Church site.
lmplemented. 0ngoing,
funding is budgeted
through the annual Capital
lmprovement Plan.
Lease of MAST Academy Site for Recreation: A lease
dgreement by which the Village would commit ta develop
and maintain recreation facilities on a portion of the
MAST Academy site.
No laterthan 2015 the Village shall continue to consider or
implemenl the following types of interlocal agreements
or leases generally of the type described below:
Policy 1.2.1
lmplemented; Ongoing.
Where other jurisd ictions
make decisions that affect
the Village, such as on
Virginia Key, in Crandon
Park or at the Seaquarium,
the Village monitors their
actions.
Master Plan lmpact and lmplementation Coordination:
Coordinate developmental impact of MP with other
jurisdictions.
Objective 1.2
*AEl
vlttAGE 0F l{tY BtScAYNt I 2ilts [vatuatiorr and Appraisal Report (tAR) uf the Conrprenpnsivs Plan
ln progress. The adopted
LOS is maintained, howeve;
it is a recommendation of
this plan that the Village
update the LOS for Potable
Water to be consistent with
the Lower East Coast Water
Facilities Supply Plan.
The Village shall provide for improved or additional
coordination between the Miami-Dade County Water
and Sewer Department and the Village concerning the
sharing and updating of information to meet ongoing
water supply needs.Policy 1.3.3
Obsolete. The WASD
maintains water usage
records.
The Village shall implement a tracking system that
measures increases in population resulting from
development and redevelopment, and provide results to
the Miami-Dade County Water and Sewer Department
on a regular basis.
Policy 1.3.2
lmplemented. The adopted
LOS is maintained, howeveq
it is a recommended of this
plan that the Village update
the LOS for Potable Water
to be consistent with the
Lower East Coast Water
Facilities Supply Plan.
Monitor changes to LOS standards of Miami-Dade
County, the South Florida Water Management District,
and the Lower East Coast Water Supply Plan Update and
adjust own LOS standards accordingly.Policy 1.3.1
lmplemented. The adopted
LOS is maintained, however,
it is a recommended of this
plan that the Village update
the LOS for Potable Water to
be consistent with the Lower
East Coast Water Facilities
Supply Plan.
NPS Level of Service Standards Coordination: Ensure
coordination with Miami-Dade County Sewer and Water
Department, Miami-Dade County, the South Florida
Water Management District, and the Lower East Coast
Water Supply Plan Update in establishing LOS standards
for sewage and potable water.
Objective 1.3
ln progress.The Village shall evaluate the feasibility of establishing
an affordable housing fee trust fund in partnership with
Miami-Dade County or the City of Miami via interlocal
agreements, to fund affordable housing programs and
projects in Miami-Dade County and/or the City of Miami.
Policy 1.2.8
ln progress.The Village shall participate in the South Florida Regional
Planning Council's initiatives directed toward educating
local governments of new techniques, especially
programs applicable to the region and county, for
promoting affordable housing.
Policy 1.2.7
ln progress.The Village shall coordinate with Miami-Dade County
and the City of Miami to create a program for annual
evaluation of affordable housing needs within
incorporated and unincorporated areas ofthe County.
Policy 1.2.6
lmplemented: Ongainglmprove Biscayne Bay water quality by coordination with
BBSDRC, FDEP andPolicy 1.2.5
lmplemented,M ari n a siti ng sta nda rds.
lmplemented. Ord ina nces
specify the retention of
stormwater on-site.
Mandating on-site stormwater detention
lmplemented. The enfire
Village is serviced by a
sanitary sewer svstem.
Replacement of septic tanks with sanitary sewers tied
into County system.
VlttAGE 0t l(tY BISCAYNt I 2018 fvaluation and Appraisal I,leport ([Ali) ol tho Corrrprehensive Plun Si55
ln progress. The adopted
LOS is maintained, howeveq
it is a recommendation of
this plan that the Village
update the LOS for Potable
Water to be consistent with
the Lower East Coast Water
Facilities Supply Plan.
The Village shall coordinate with the Lower East Coast
Water Supply Plan Update.
Policy 1.3.6
ln progress. The adopted
LOS is maintained, howeve6
it is a recommendation of
this plan that the Village
update the LOS for Potable
Water to be consistent with
the Lower East Coast Water
Facilities Supply Plan.
The Village shall coordinate with the Miami-Dade County
Water and Sewer Department by requiring applications
to be reviewed by the Department during the site plan
review process prior to approving a building permit, in
order to determine whether adequate water supplies
will be available to serve the development by the
anticipated issuance date of the certificate of occupancy
for properties located within the Village. Additional
coordination efforts will occur between the Department
and the Village through the water allocation system,
which is a monthly spreadsheet used for tracking
development activity within the Village. The Village
will monitor proposed amendments to the Miami-Dade
County Comprehensive Development Master Plan as
they relate to water supply planning in the county and
provide input as necessary.
Policy 1.3.5
ln progress. The adopted
LOS is maintained, however,
it is a recommendation of
this plan that the Village
update the LOS for Potable
Water to be consistent with
the Lower East Coast Water
Facilifies Supply Plan.
The Village shall coordinate with the Miami-Dade County
Water and Sewer Department in the implementation of
alternative water supply projects, establishment of level-
of-service standards, resource allocations, changes in
service areas and potential for annexation.Policy 1.3.4
56&f
uLLAGt 0F KEY BIS0AYNE I 20ls tvatuation and Appraisal Report {tAR) of the Comprehsnsive Plan
i
(
(
(
(
I
(
Capital lmprovement Element
CAPITAL IMPROVEMENT ELEMENT RECOM MEN DED AMENDMENTS
The following is a list of outdated Objectives and Policies that should be revised to
address current local conditions that are of importance to the Village and the region.
Policy 1.1.2 Revise and update outdated language: "ClP shall include a drainage facility improvement/
replacement program based upon the 1993 drainage master plan"
Policy 1.2.1 Revise and update outdated language: "Potable Water: Not to exceed 98% of County
treatment and storage system's rated capacity, with at least 20lbs per sq. inch at property line and
average 1"55 gallons per capita per day"
Policy 1.2.2 Revise and update outdated language: "shall implement a tracking system that measures
increases in population resulting from development and redevelopment and provide results to the MDC
WASD on a regular basis"
Objective 1".4 Revise and update outdated language: "concLrrrency management system to be included
in the land development code"
Policy 1".4.1 Revise and update outdated language: "annual report monitoring report"
Policy 1.4.4 Revise and update outdated language: "shall establish criteria to prioritize and update
projects within the 5 year ClP"
Policy 1.5.1 Revise and update outdated language: "development orders" are no longer in effect
Policy 1.5.2 Revise and update outdated language: "No later than Dec 31, 201-5 the village shall explore
a recreation impact fee"
Policy 1.5.6 Revise and update outdated language: "20It/72 through 2OI5/L6 Miami-Dade County
Public Schools Facilities Work Program"
lmplementafion Systems: Revise and update outdated language:
L. 'tapital programming and budgeting process beginning no later than July !995"
2. 'tompletion of a master drainage plan and final approval of a drainage utility funding mechanism"
3. "preliminary financial and engineering feasibility exploration of extending sewers to the un-
sewered areas"
4. 'Amendments to Land Development code to assure conformance to the concurrency
requirements"
5. "Explore park impact fees"
6. "evaluate the need for financing mechanism to pay for beach renourishment and dune
development"
7. Recommended New Objectives and Policies
RECOMMENDED NEW OBJECTIVES AND POLICIES
. Add new policy to adopt an annual update to the Capital lmprovement Element to include new
"5th Year" projects and any other revisions based on the annual update of the S-year Capital
lmprovement Plan.. Add a new policy updating criteria to prioritize projects to reflect issues that are currently of
importance to the Village.. Adopt the most current Capital lmprovement Plan 2018 - 2A22.. Comprehensive Review of the Capital lmprovement Element
VltLAGt 0F l(tY BISCAYNI I 2fiS tvaluatiun and Apprarsal Report (EAR) of the Conrprehensirls Plan S-57
COMPREHENSIVE REVIEW OF THE CAPITAT IMPROVEMENT ELEMENT
lmplemented. All
development is consistent
with adopted LOS standards.
Sfreefs: Regulate the timing of development to maintain
peak hour LAS standards {Arterial: LOS "0", Collectors:
LOS "B', Local Service Sfreefs: LOS 'A'). LOS along
Crandon Boulevord shall operate at level of service "D"
or better and maintain operations at no less than level of
service D near north Villoge limits.
Policy 1.2.L The following peak hour LOS standards shall be
maintained.
lmplemented. All
development is consistent
with adopted LOS standards
Level of Service and Land Use Decisions: Use FLUB
financial analyses in this Element and LOS standards to
review development applications and to prepare annual
schedule of capital improvements.
Objective 1.2
Policy L.L.5 lmplemented: Ongoing.Pursue a prudent policy in terms of borrowing for capital
improvements or other purposes.
Policy 1.1.4
lmplemented; Angoing.
The Village does this as part
of its Capital lmprovement
Budget. The Village no
longer collects a sewer
assessment.
The Village shail use designated funding mechanisms
such as the drainage utility and sewer assessments to
the maximum extent feasible in order to prioritize the
application of general funds (and general obligation
bonds) for such Village-wide projects as park land
acquisition and streetscape work as outlined in the
policies of other Master Plan elements.
Public safety, quality of life, LOS, redevelopment and
Biscayne Bay enhancement projects will be used as
criteria for setting priorities that include financial
feasibility or budget impact assessments.Policy 1.1..3
lmplemented. lt is
recommended that the
priorities by revised to
reflect the issues that are
relevant for the Village in
this planning period.
Policy L.1.2
lmplemented. lt is
recommended that
the most recent
Stormwater I mprovement
lmplementation Plan
(2016 prepared by tAC) be
referenced in this policy.
Capital improvement program to include drainage facility
program based on 1993 DMP.
Policy 1.1.1
lmplemented. The Village
does a one year Capital
!mprovement Sudget and a
fiscal budget for five years.
Staff a nd e ngi nee ring stud ies to form basis fo r pre pa ration
of a S-year capital improvement program, with one year
capital budget, in order to further MP elements.
Objective 1.1
f mplementedz Ongoing.
The Village does this as part
of the budget process.
The Annual Capital lmprovement Program Process:
The Village shall utilize this Element as the framework
to monitor public facility needs as a basis for the annual
capital budget and preparation of a 5-year capital
improvements program.
To undertake capital improvements necessary to
provide adequate infrastructure and a high quality of
life, within sound fiscal practices.
Goals,
0bjectives &
Policies
CAPITAL IMPROVEMENI
Element lmplementation
58
VlttAGE 0F KEY BISCAYNE I 20lS Evaluation and Appraisal Report (tAR) of the Comprehensiv0 Plan
lmplemented. Ongoing
through the enforcement
of the Land Development
Code.
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 L.3.1
f mplemente dz Ongoi ng. f he
Village does not subsidize
private development; it pays
for its own infrastructure
needs.
lnfrastructure in Coastal High Hazard Area: The Village
shall not expend funds on infrastructure within the
coastal high-hazard area that would have the effect of
directly subsidizing development which is significantly
more intensive than authorized by the Plan.
Objective 1.3
lmplemented. Ongoing
through concurrency
management.
The Village shall develop mechanisms to ensure that
adequate water supplies are available to all water users
prior to the approval of a building permit. Furthermore,
the Village shall monitor the Miami-Dade County Water
and Sewer Department to be sure that it is responsibly
monitoring the availability of water supplies for all water
users of its department, which includes the Village of
Key Biscayne, and to be sure that it is implementing a
system that links water supplies to the permitLing of new
development.
Policy 1.2.3
Obsolete. The WASD
maintains water usage
records.
The Village shall implement a tracking system that
measures increases in population resulting from
development and redevelopment and provide results to
the Miami-Dade County Water and Sewer Department
on a regular basis.
Policy 1.2.2
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.
Recreation: Maintoin a LOS standard of at least 2.5 acres
of park land per L,000 persons permsnent population.
lmplemented. All
development is consistent
with adopted LOS standards.
Solid Waste: County system maintains a minimum of 5
years capacity; Villoge use generation rate of 5.2 lbs. per
person per doy.
lmplemented. All
development is consistent
with adopted LOS standards
Drainage: Nonresidential development and
redevelopment occommodote runoff to meet Federal,
state and local requirements.
lmplemented. The adopted
LOS is maintained, however,
it is a recommended of this
plan that the Village update
the LOS for Potable Water
to be consistent with the
Lower East Coast Water
Facilities Supply Plan.
Potable Water: Not to exceed 98% of County treatment
and storage system's rated capacity, with at least 20 lbs.
per sq. inch at property line and average 755 gallons per
capita per day.
Obsolete, The Village has
provided sanitary sewer to
all non-sewered areas.
Sanitary Sewers in Unsewered Areos: Permit septic tanks
only in compliance with county and state standards.
lmplemented. All
development is consistent
with adopted LOS standards.
Sanitary Sewers in Sewered Areas: Not to exceed 98% af
County treatment system's rated capacity. Average sewage
qeneration standard of L40 qallons per capito per day.
VILLAGt 0F KtY BISCAYNE I 20iS ivaluation anrlApprarsal firprrrt ([Afl) of tha ()onrprehensi.;e Plan 16\.
lmplemented.Funding Capital lmprovements: The LDC concurrency
management system shall reflect both the existing
and approved Development of Regional lmpact (DRl)
development orders; this system shall operate in concert
with the capital improvement program, recreation
impact fee and drainage utility to assure the funding and
provision of needed capital improvements. See policies
for measurability.
Objective 1.5
lmplemented. Ongoing,
it is recommended that
the criteria to prioritize
projects is updated to reflect
issues that are currently of
importance to the Village.
The Village shall establish criteria to prioritize and update
projects within the five-year Capital lmprovements
Plan to achieve and maintain adopted level-of-service
sta nd a rds.Policy 1.4.4
lmplemented: OngoingThe Village shall seek to ensure that the Capital
lmprovements Element (ClE)of the Comprehensive Plan
is fi nancially feasible.
Policy 1.4.3
lmplemented: OngoingThe Village shall adopt and maintain a five-year Capital
lmprovements Plan.Policy 1.4.2
lmplemented: Ongoing.5. Project lmpact or Demand Measurement
lmplemented: Ongoinq.4. Administration
lmplemented: Ongoing.3, Capacity Reservation
lmplementedz angoing.
The Land Development
Code requires a review of
concurrency during every
building permit application
review.
2. Concurrency Monitoring System
lmplemented. All
development is consistent
with adopted LOS standards
7. Measure conformance with LOS standards for wdter,
solid waste and drainage, recreation facilities, qnd
transportation.
lmplemented. All
development is consistent
with adopted LOS standards.
The Village shall enforce the concurrency management
system provided within Article Vl of Chapter 30 of the
Code of Ordinances. The concurrency management
system shall specify that no development permit shall
be issued unless the public facilities necessitated by a
development (in order to meet level of service standards
specified in the Transportation, Recreation and Open
Space, and lnfrastructure policies) will be in place
concurrent with the impacts of the development or the
permit is conditional to assure that they will be in place.
The requirement that no development permit shall be
issued unless public facilities necessitated by the project
are in place concurrent with the impacts of development
shall be effective immediately and shall be interpreted
pursuant to the following:
Policy 1.4.L
lmplemented. All
development is consistent
with adopted LOS standards
Concurrency: Assure provision of public facilities
concurrent with the impacts of development through a
concurrency management system to be included in the
land development code.
Objective 1.4
60fff u[[AGt 0F l{EY BtscAYNt I 2018 [vatuation and Appraisat Report (tAR) of the 0ompruhensivt Plan
lmplementedThe Village shall not approve any new construction,
redevelopment or renovation project which creates
a need for expanded capital improvement unless the
project pays a proportionate share of the costs of these
improvements following legally prescribed criteria for
such fees.
Policy 1"5.3
Not implemented.No later than December 31, 2015, the Village shall
explore a recreational impact fee that would apply to
all new development to help fund acquisitions and
improvements.
Policy L.5.2
lmplemented.The concurrency management system formulas shall
include the public facility demands created by the two
DRI projects as 'tommitted" and capital improvement
schedule shall inciude the project implications of this
committed demand to assure concurrency, so long as
either of these development orders is in effect.
Policy 1.5.1
tllLLAGt 0t KtY BlSCAYtlt I 2fi8 tvaluatiorr anilABpraisal fleport (tAIl)of the Conrprehensive pf un Sf6l
Public Schools and Facilities Element
PUBLIC SCHOOLS AND FACILITIES ELEMENT RECOMMENDED AMENDMENTS
The following is a list of outdated Objectives and Policies that should be revised to
address current local conditions that are of importance to the Village and the region.
Objectivel.lRevisethefollowingoutdatedlanguage:"countywideenrollmentwillmeetstaterequirements
for class size by Sept 20L0"
Policy 1.1.6 Revise the following outdated language: "staff working group review annually the educational
element and school enrollment projections"
Policy 1.2.3 Revise the following outdated language: "it is the goal of the village and MDC public schools
for all public school facilities to achieve 100% utilization of permanent FISH {No Relocatable Classrooms)
by January 1, 2018.....8y Dec 2010, MDC in cooperation with MDC public schools will assess the viability of
modifying the adopted LOS standard to 100% utilization of permanent FISH for all CSAs"
Policy 1.2.6 Revise the following outdated language and reference the most current Work Progra m: "ZOI'J-f !2
through 2015/16 Miami-Dade County Public Schools Facilities Work Program is incorporated by reference"
Objective 1".5 Revise the following outdated language: "the school board, the village and other appropriate
jurisdictions shall establish and implement mechanisms for on-going coordination and communication to
ensure the adequate provision of public education facilities"
Policy 1.5.5 Revise the following outdated language: "village sha.ll work with the county and the school
district to periodically review the Educational Facilities lmpact Fee Ordinance"
Policy 1.5.7 Revise the following outdated language: "The criteria should be prepared prior to the next
full review of the School lmpact Fee Ordinance"
RECOMMENDED NEW OBJECTIVES AND POLICIES
. lnclude a policy to initiate intergovernmental coordination with the Miami-Dade County School
Board to address the possibility of utilizing the "Old Frost Museum" as a future new High School to
accommodate students from Key Biscayne and the Brickell and Roads neighborhoods.. lnclude a policy to continue coordination with the Miami-Dade County School Board on the future
of the Key Biscayne K-B Education Center, which could include a new performing arts center and a
modern library.. Consider adding more robust policies in support of school safety, security and monitoring.
COMPREHENSIVE REVIEW OF THE PUBLIC SCHOOLS AND FACILITIES ELEMENT
62#l
uLLAGE 0t KEY BlscAYttE I 20lB tvatuatisn anttAppraisat Report (tAR) of the Comprehensive Plan
Develop, operate, and maintain a system of public
education by Miami-Dade County Public Schools, in
cooperation with the County and other appropriate
governmental agencies, which will strive to improve
the quality and quantity of public educational facilities
available to the citizenry of the Village and other local
governments within the County.
Goals,
0bjectives &
Policies
PUBLIC SCHOOL FACITITI ES
lmplementationElement
lmplemented: OngoingThe Village shall coordinate new residentialdevelopment
with the future availability of public school facilities
consistent with the adopted level of service standards
for public school concurrency, to ensure the inclusion of
those projects necessary to address existing deficiencies
in the 5-year schedule of capital improvements, and meet
future needs based upon achieving and maintaining
the adopted level of service standards throughout the
planning period.
Obiective 1.2
lmplemented: OngoingThe village will through the Staff Working Group of
the lnterlocal Agreement for Public School Facility
coordinate with the Miami-Dade County Public Schools,
and applicable municipalifies to review annually the
Educational Element and school enrollment projecfions.
Policy 1.1.6
ln progress. The Village
coordinates with MDCPS on
LO5.
Cooperate with the Miami-Dade County Public Schools in
their efforts to mainta:n and/or improve the established
level of service (LOS), for Public Educafional Facilities, as
established for the purposes of school concurrency.
Policy L.1".5
ln progress. The Village
coordinates with MDCPS on
LOS,
Cooperate with the Miami-Dade County Public Schools
in their efforts to provide public school facilities to the
students of the Village, which operate at optimum
capacity, in so far as funding available, Operational
alternatives may be developed and implemented, where
a ppropriate, wh ich m itigates the im pacts of ove rcrowd ing
while maintaining the instructional integrity of the
educational programs.
Policy 1.1.:X
Not lmplemented. No
a lternative ed ucationa I
facilities were developed
during this planning period
Cooperate with the Miami-Dade County Public Schools
in their efforts to develop and implement alternative
education facilities, such as primary learning centers,
which can be constructed on small parcels of land and
relieve overcrowding at elementary schools, in so far as
funding and rules permit.
Policy 1.1.3
ln progress. The Village
coordinates with MDCPS on
concurrency and impact fees
during the development
review process.
Collect impact fees from new development for transfer
to the Miami-Dade County Public Schools to offset the
impacts of these addilional students on the capital
facilities of the school system.
Policy L.1.2
ln progress. The Village
coordinates with MDCPS on
student stations.
Cooperate with the Miami-Dade County Public Schools in
their efforts to continue to provide new student stations
through the Capital Overlay program, in so far as funding
is available.
Policy L.1.1
In progress. The Village
coordinates with MDCPS on
LOS.
Work towards the reduction of the overcrowding which
currently exists in the Miami-Dade County Public Schools,
while striving to attain an optimum level of service
pursuant to Objective 1.2. Provide additional solutions
to overcrowding so that countywide enrollment in
Miami-Dade County's public schools will meet state
requirements for class size by September 'J,,zOtO.
Objective 1.1
VlILAGt 0F KEY BlSCAYl,lt I ZillS tvaluation and A1rprarsal fle1rort (tAfi) of the eonrpreh0nsive Plan S-63
lmplemented Ongoing.It is the goal of the Village and Miami-Dade County Public
Schools for all public school facilities to achieve 100%
utilization of Permanent FISH {No Relocatable Classrooms)
by January L,2OIB. To help achieve the desired 100% of
permanent FISH utilization by 20L8, Miami-Dade County
Public Schools should continue to decrease the number
of relocatable classrooms over time. Public school
facilities that achieve 100% utilization of Permanent
FISH capacity (No relocatable Classrooms) should, to the
extent possible, no longer utilize relocatable classrooms,
except as an operational solution. Relocatable classrooms
may be used by the Miami-Dade County Public School
System as an operational solution during replacement,
renovation, remodeling or expansion of a public school
facility; and in the event of a disaster or emergency
which prevents the School Board from using a portion of
the affected school facility.
By December 20L0, Miami-Dade County in cooperation
with the Miami-Dade County Public School will assess
the viability of modifying the adopted LOS standard to
100% utilization of Permanent FISH (No Relocatable
Classrooms) for all CSAs.
ln the event the adopted LOS standard of the Miami-
Dade County Public Schools established CSA cannot be
met as a result of a proposed development's impact, the
development may proceed provided at least on of the
following conditions is met:
Policy 1.2.3
lmplementedt 0ngoingThe adopted Levelof Service (LOS)Standard forall Miami-
Dade County Public School facilities is 100% FISH Capacity
(With Relocatable Classrooms). This LOS Standard,
except for Magnet Schools, shall be applicable in each
public school concurrency service area {CSA), defined as
the public school attendance boundary established by
the Miami-Dade County Public Schools. The adopted
LOS standard for Magnet Schools is 100% F|SH {With
Relocatable Classrooms) which shall be calculated on a
district-wide basis.
Policy L.2.2
lmplemented: OngoingPublic school concurrency shall be applied on a less than
district-wide basis in the form of concurrency service
areas, except for Magnet Schools where public school
concurrency shall be applied on a district wide basis.
Level of Service standards for public school facilities
apply to those traditional educational facilities, owned
and operated by Miami-Dade County Public Schools, that
are required to serve the residential development within
their established concurrency area. Level of Service
standards do no apply to charter schools. However, the
actual enrollment (October Full Time Equivalent FTE)
of both magnet and charter schools as a percentage of
the total district enrollment will be credited against the
impact of development.
Policy L.2.1
64f<
uLIAGE 0t KEY BlscAYl,lt I zfis tvatuation anrlAppraisal Report (tAR) oi the 0ornpreh0rrsive Plan
f mplementedz Ongoing.Concurrency Service Area (CSA) shall be delineated
to: (1) Maximize capacity ufilization of the facility; (2)
Limit maximum travel times and reduce transportation
costs; (3) Acknowledge the effect of court-approved
desegregation plans; (4) Achieve socio-economic, racial,
cultural and diversity objectives; and (5) Achieve other
relevant objectives as determined by the School Board's
policy on maximization of capacity. Periodic adjustments
to the boundary or area of a CSA may be made by the
School Board to achieve the above stated factors. Other
potenfial amendments to the CSA's shall be considered
annually at the Staff Working Group meeting to take
place each year no later than April 30 or October 31,
consistent with Section 9 of the lnterlocal Agreement for
Public School Facility Planning
Policy 1.2.4
1. The development's impact can be shifted to one or
more contiguous CSAs that have available capacity and
is located, either in whole or in part, within the same
Geographic Area as the proposed development; or
2. The development's impact is mitigated, proportionate
to the demand for public schools it created, through a
combination of one or more appropriate proportionate
share mitigations options, as defined in Section
163.3180(13)e1, Florida Statutes. The intent of these
options is to provide for the mitigation of residential
development impacts on public school facilities,
guaranteed by a legal binding agreement, through
mechanisms that include, one or more of the following:
a. Contribution of land;
b. The construction, expansion or payment for land
acquisition or construction of a permanent public
schoolfacility; or
c. The creation of a mifigafion bank based on the
construction of a permanent public school facility in
exchange for the right to sell capacity credits.
The legally binding proportionate share mitigation
agreement is subject to the approval of Miami-Dade
County Public School Board and the Village and must
be identified in the Miami-Dade County Public School
Facil ities Work Program.
3. The development's impacts are phased to occur when
sufficient capacity will be available.
lf none of the conditions are met, the development shall
not be approved.
Policy 1.2.3
(continued)
l/ILLAGE 0F KEY BISCAYNt I 20llJ L,i.rir,rtirrr;rrrl lilrlrr;lrsal ii*porl ([l\ri) uf tire {)nrrrlrrnhrlilsivi] t'l0,,$*65
ln progress. Coordination
efforts will continue with
site selection considerafi ons
The Village acknowledges and concurs that, when
selecting a site, the Miami-Dade County Public Schools
will consider if the site meets the minimum size criteria
as recommended by the State Department of Education
or as determined to be necessary for an effective
educational environment.
Policy 1.3.3
ln progress. Coordination
efforts will continue with
site selection considerations.
Where possible, the Miami-Dade County Public Schools
should seek sites which are adjacent to existing or
planned public recreafion areas, community centers,
libraries, or other compatible civic uses for the purpose
of encouraging joint use facilities or the creation of loglcal
focal points for community activity.
Policy 1.3.2
ln progress. Coordination
efforts will continue with
site selection considerations
ln the selection of sites for future educational facility
development, the Village encourages the Miami-Dade
County Public Schools to consider whether a school is in
close proximity to residential areas and is in a location
that would provide a logical focal point for community
activities.
Policy 1.3.1
Not lmplemented.Obtain suitable site for the development and expansion
of public educafion facilities.Objective 1.3
lmplementedz 2ngoing.Pursuant to Chapter L63, Florida Statutes, the Miami-
Dade County Public Schools 5-Year District Facilities
Work Program, developed by Miami-Dade County Public
Schools and adopted by the Miami-Dade County Public
School Board on September 5, 2007, is incorporated
by reference into the Village's Capital lmprovement
Plan, as applicable. The Village shall coordinate with
Miami-Dade County Public Schools to annually update
its Facilities Work Program and/or concurrency service
area maps to include exisfing and anticipated facilities
for both the S-year and long-term planning periods,
and to ensure that the adopted level of service standard
will continue to be achieved and maintained. The
Village, through its annual updates of the 5-year Capital
lmprovements Element and Program, will incorporate by
reference the latest adopted Miami-Dade County Public
School Facilities Work Program for educational facilities.
The Village, Miami-Dade County Public School, and
other local governments will coordinate their planning
efforts prior to and during the Village's Comprehensive
Land Use Plan amendment process, and during updates
to the Miami-Dade County Public Schools Facilities
Work Program. The Miami-Dade County Public Schools
Facilities Work Program will be evaluated on an annual
basis to ensure that the level of service standards will
continue to be achieved and maintained throughout the
planning period.
Policy 1.2.6
lmplemented: AngoingTh e Vi I I a ge th ro u gh t he i m p I e m e ntati o n of t h e co n c u rre n cy
management system and Miami-Dade County Public
School Facility Work Program for educational facilities,
shall ensure that existing deficiencies are addressed and
the capacity of schools is sufficient to support residential
development at the adopted level of servlce (LOS)
standards throughout the planning period in the S-year
schedule of capital improvements.
Policy 1.2.5
66#f
vtttAGE 0F KtY BIS0AYNE I 201s [vatuatiun and Appraisat rteport ([Afl) of thtl 0nnrprehensive Plan
lmplemented: Ongoing.The location of future educational facilities should occur
where capacity of other public facilities and services is
available to accommodate the infrastructure needs of
the educational facility.
Policy 1.5.2
lmplemented: OnqoingThe Village shall coordinate and cooperate with
Miami-Dade County Public Schools, the State, County,
municipalities, and other appropriate agencies to
develop or modify rules and regulations in order to
simplify and expedite proposed new educafional facility
developments and renovations.
Policy 1.5.1
lmplemented: OngoingThe School Board, the Village and other appropriate
jurisdictions shall establish and implement mechanisms
for on-going coordination and communication to ensure
the adequate provision of public educational facilities.
Objective 1.5
lmplemented: OngoingMiami-Dade County Public Schools is encouraged to
continue to improve existing educational facillties, in
so far as funding is available, through renovafion and
expansion to better accommodate increasing enrollment,
new educational programs and other activities, both
curricula r a nd extra-curricular.
Policy 1.4.3
lmpfemented: Ongoing.Miami-Dade County Public Schools is encouraged to
confinue to design and construct facilities which better
provide student access to technology designed to
improve learning, such as updated media centers and
science laboratories.
Policy 1.4.2
Implemented; Ongoing.Miami-Dade County Public Schools is encouraged to
continue the design and construction of educafional
facilities which create the perception of feeling
welcome, secure and positive about the students school
environment and experiences.
Policy 1.4.1
lmplemented. Ongoing,
the Village will continue
to coordinate on the
effectiveness of the learning
environment.
Miami-Dade County Public Schools will continue to
enhance effectiveness of the learning environment.
Objective 1.4
lmplemented: Ongoing.The Village will continue to cooperate with Miami-Dade
County Public Schools and adjacent local governments in
utilizing Miami-Dade County Public School as emergency
shelters during county emergencies.
Policy L.3.5
In progress. Coordination
efforts will continue with
site selection considerations
When considering a site for possible use as an educational
facility, the Miami-Dade County Public Schools should
review the adequacy and proximity of other public
facilities and services necessary to the site such as
roadway access, transportation, fire flow and potable
wate[ sanitary sewers, drainage, solid waste, police and
fire services, and means by which to assure safe access
to schools, including sidewalks, bicycle paths, turn lanes,
and signalization. When considering a site for possible
use as an educational facility the Miami-Dade County
Public Schools should consider whether the present and
projected surrounding land uses are compatible with the
operation of an educational facility.
Policy 1.3.4
VILIAGE 0F KEY BlSCAYllt I 20ltJ lva[ratiorr ar]rl Apprar$al tleport ([Afl) nf the Conrpreirensrve Plan I6h"
lmplemented. Ongoing.Miami-Dade County Public Schools in conjunction with
the Village and other appropriate agencies, will strive to
improve security and safety for students and staff.
Objective 1.5
ln progress. The Village
updates the CIP annually
The Village will account for the infrastructure needs
of new, planned or expanded educational facilities
when formulating and implementing its own capital
improvement plans.
Policy 1.5,11
ln progress. The Village
seeks to coordinate on an
additional high schoolto be
located at the former Frost
museum in Miami.
The Village and the Miami-Dade County Public Schools
shall coordinate the appropriate roles and responsibilities
of affected governmental jurisdictions in ensuring the
timely, orderly and efficient provision of adequate
ed ucationa I facilities.
Policy 1.5.10
ln progress. The Village
seeks to coordinate on an
additional high schoolto be
located at the former Frost
museum in Miami.
The Village and the Miami-Dade County Public Schools
shall coordinate efforts to ensure the availability of
adequate sites for the required educational facilities,Policy 1.5.9
lmplemented: Angoing.The Village shall coordinate with the Miami-Dade County
Public Schools and local governments to eliminate
infrastructure deficiencies surrounding existing school
sites.
Policy 1.5.8
ln progress. The Village
seeks to coordinate on an
additional high schoolto be
located at the former Frost
museum in Miami.
The Village shall seek to coordinate with the Miami-
Dade County Public Schools in formalizing criteria for
appropriate sharing of responsibility for required off-
site facility improvements attributable to construction
of new public schools or expansion of existing ones. The
criteria should be prepared prior to the next full review
of the School lmpact Fee Ordinance.
Policy 1.5.7
ln progress. Coordination
efforts will continue with
periodic updates to the
Public School Facilities
Element.
The Village and Miami-Dade County Public School will
annually review the Public School Facilities Element and
the Village will make amendments, if necessary.Policy L.5.6
ln progress. Coordination
efforts will continue with
review and updates to the
lmpact Fee Ordinance.
The Village shall work with the County and Miami-
Dade County Public Schools to periodically review the
Educational Facilities lmpact Fee Ordinance to strive to
ensure that the full eligible capital costs associated with
the development of public school capacity (new schools
and expansion of existing ones) are identified when
updating the impact fee structure. Pursuant to the terms
of the state mandated lnterlocal Agreement, the County
and School Board shall review the Ordinance, its formula,
the Educational Facilities lmpact Fee methodology and
technical report, in order to make recommendations for
revisions to the Board of County Commissioners.
Policy 1.5.5
ln progress. The Vlllage
updates the CIP annually.
The Village shall cooperate with the Miami-Dade County
Public Schools in their efforts to ensure that they are not
obligated to pay for off-site infrastructure in excess of
their fair share of the costs.
Policy 1.5.4
ln progress. The Village
updates the CIP annually.
The Miami-Dade County Public Schools should
coordinate school capital improvements plans with the
planned capital improvement projects of the Village,
other municipalities and the County.
Policy L.5.3
,e ULIAGE 0t lttY BISCAYNI I 201S [valuatron anrlAppraisal ReBnrt (EAfi)olthe 0onrprlrhensive Plan
68
f mplemented:. OngoingCoordinate with the Miami-Dade County Public Schools
and the County to provide for pedestrian and traffic safety
in the area of schools and signalization for education
facilities.
Policy 1.6.4
lmpfemented: AngoingContinue to cooperate with the Miami-Dade County
Public Schools to provide for the availability of alternative
programs for at-risk students at appropriate public
ed ucationa I facilities.
Policy 1.6.3
lmplemented: Angoing.Continue to cooperate with the Miami-Dade County
Public Schools to develop and/or implement programs
and policies designed to reduce the number of incidents
related to hazardous conditions as reported by the
Environmental Protection Agency (EPA), the fire marshal,
the State Department of Education and other appropriate
sources.
Policy 1.6.2
f mplemented: Ongoing.Continue to cooperate with the Miami-Dade County
Public Schools to develop and/or implement programs
and policies designed to reduce the incidence of violence,
weapons and vandalism on school campuses. Encourage
the design of facilifies, which do not encourage criminal
behavior and provide clear sight lines from the street.
Policy 1.6,1
tJlLtAGt 0t l(tY BISCAYNt I 2018 [valuation anrl Appraisal Repurt ([Atl) of the CrLnprehensive Plari {6-6g
State
Comprehensive
Plan
State
Comprehensive
Plan
Various changes were made in the State
Comprehensive Plan (Chapter 187, F.S.) that address
low-carbon-emitting electric power plants. See
Section 5 of Chapter 2AO8-227, LOt.
9
Repealed163.3177{6)(j)
Localgovernments within an MPO area must revise
their transportation element to include strategies
to reduce greenhouse gas emissions. Ch. 2008-L91,
LOF.
I
Repealed1.63.317716j
(f)1.h. and i.
The housing element must include standards, plans
and principles to be followed in energy efficiency in
the design and construction of new housing and in
the use of renewable energy resources. Ch, 2008-
191, LOF.
7
Repealed1-63.3L77{6)(d)The future land use map series must depict energy
conservation, Ch. 2008-191, LOF.
6
163.3L77(6Xd)RepealedThe conservation element must include factors that
affect energy conservation. Ch.2008-191, LOF.
5
Repealed163.3177(6)(b)
The traffic circulafion element must include
transportation strategies to address reduction in
greenhouse gas emissions. Ch. 2008-191, LOF.
4
Repealed163.3177{6)(a)
The future land use plan must be based upon
greenhouse gas reduction strategies. Ch. 2008-191,
LOF.
3
Repealed163.3177(6){a)
The future land use plan must be based upon energy-
efficient land use patterns accounting for existing
and future energy electric power generation and
transmission systems. Ch. 2008-191-, LOF.
2
X163.3177(6Xa)7
The future land use plan must discourage urban
sprawl. Ch. 2008-191", LOF.
Amendments
Needed
Addressed
(Where/HowlN/ACitationsChanges to Statute
2008 [Chapters 2008-191 and Chapters 2008-227, Laws of Florida]
ea Statutory Changes to Comprehensive Plan Requirements from 2008-2016
and related impacts to the Village of Key Biscayne's Comprehensive Plan
N/A = Not Applicable
VlttAGt 0t l(EY BlSCAYl,lt I 2tilS [valratrnn anrl Appraisal lleport (EAR) of the 0omprehensivtr l'lar] S*71
Repealed163.3177(3Xb)1.
Postpones from December 1", 2008 to December 1,
2011, the need for the annual update to the capital
improvements element to be financially feasible.
Section 3, Chapter 2009-96, LOF.
3
Proced u ra I163.3164(34)Adds definition of "Dense urban land area." Section
2, Chapter 2009-96, LOF.
2
Procedural163.3164(2e)
Changes "Existing Urban service area" to "Urban
service area" and revises the definition of such an
area. Section 2, Chapter 2009-96, LOF.
L
N/ACitations Amendments
Needed
Addressed
{Where/How}Changes to Statute
2009 [Chapters 2009-85 and Chapters 2009-96, Laws of FloridaJ
Proced ural163.3180(12Xb)
& (16Xi)
Defines a backlogged transportation facility to be one
on which the adopted level-of-service is exceeded by
existing trips, plus additional projected background
trips. Section 5, Chapter 2009-85, LOF.
13
X163.3L80(10)
Except in transportation concurrency exception areas,
local governments must adopt the level-of-service
established by the Department of Transportation for
roadway facilities on the Strategic lntermodal System.
Section 4, Chapter 2009-96, LOF.
L2
X163.3180(sxb)4.
Requires local governments with state identified
transportation concurrency exception areas to adopt
land use and transportation strategies to support and
fund mobility within such areas. Section 4, Chapter
2009-96, LOF.
1t
X163.3180(sXb)3
Allows a county that is not a dense urban land area to
amend its comprehensive plan to designate certain
areas as transportation concurrency exception areas.
Section 4, Chapter 2009-96, LOF.
1"0
Procedural163.3180(sXb)2
Allows a municipality that is not a dense urban land
area to amend its comprehensive plan to designate
certain areas as transportation concurrency exceptlon
areas, Section 4, Chapter 2009-96, LOF.
9
X
163.3177(1s){a)
lNewl
Defines "rural agricultural industrial center" and
provides for their expansion though the plan
amendment process. Section 1, Chapter 2009-154,
LOF
8
Repealed163.3177(6)
(h)1.d.
Requires the intergovernmenta I coordination
element to provide for interlocal agreements
pursuant to s.333.03(1){b), F.S., between adjacent
local governments regarding airport zoning
regulafions. Section 3, Chapter 2009-85, LOF.
7
Amendment
Needed, not
included in
Comprehensive
Plan
L63.3177(6)
(h)1.c.
Requires the intergovernmental coordination
element to include a mandatory (rather than
voluntary) dispute resolution process and requires
use of the process prescribed in section 186.509, F.S.,
for this purpose. Section 3, Chapter 2009-96, LOF.
6
Repealed163.3177{6)
(h)1.b.
Requires the intergovernmental coordination
element to recognize airport master plans. Section 3,
Chapter 2009-85, LOF.
5
X163,3177(6)(a)
Requires the future land use element to include by
June 30, 2012, criteria that will be used to achieve
compatibility of lands near public use airports. For
military installations, the date is changed from June
30, 2006, to June 30, 201-2. Section 3, Chapter 2009-
85, LOF.
4
te ULHGE 0F l(EY BISCAYNE I 2ff8 Evaluation anrlAppraisal Report (tAR) uf the Comprehensive Plan
72
Procedural163.3180(4Xb)
Revised section 163.3180{4){b), F.S., to define
hangars for the assembly, manufacture, maintenance
or storage of aircraft as public transit facilities.
Section 1, Chapter 2010-33, LOF,
I
X163.3177(6)(a)
Revises section 163.377(6)(a), F.S., to speclfy that the
43 localgovernments listed in section 163.3175(2),
F.S., must consider the factors listed in section
163.3175(5), F.S., when considering the compatibility
of land uses proximate to military installations.
Section 2, Chapter 2010-1"82, LOF.
7
Procedural163.317s(2)
Revises secfion L63.3175, F.S., to list the 14 military
installations and 43 local governments affected
by special coordination and communication
requirements. Secfion 1-, Chapter 2010-182, LOF.
6
Proced ural163.31777(t)(a)
and (3)(a)
Deleted the phrase "SMART Schools Clearinghouse"
Section L1", Chapter 201"0-70, LOF.
5
Procedural
Chapter 20L0-209, Laws of Florida, make a minor
wording change in Section 163.2523, F.S., which
does not affect sustentative comprehensive planning
requirements.
4
Procedural
Chapter 2010-205, Laws of Florida, makes several
minor wording changes Chapter 163, Part ll, F.S.,
which do not affect sustentative comprehensive
pla nning requirements:
L. Section 163.3167{L3), F.S.
2. Section L63.3177t4)(a), F.S.
3. Section 1,63.3177(6)(c), {d) and (h), F.S.
4. Section 163.3191(2)(l), F.S,
3
Procedural
Chapter 20I0-I02, Laws of Florida, makes several
minor changes which do not effect sustentafive
comprehensive planning req uirements:
L. Section 1"63.2526, F.S.: repealed
2. Section 163.31.67(21, F.S.: obsolete language
deleted
3. Secfion 163.3177(6)(h), F.S.: minor wording
changes
4. Section 1.63.3177{'IOXk), F.S.: minor wording
changes
5. Section 163.3178(6), F.S.: obsolete language
deleted
6. Section 163.2511(1), F.5.: minor wording changes
7. Section L63.2514, F.S.: minor wording changes
B. Section 163.3202, F.S.: minor wording changes
2
Procedural
Deletes section 163.31773-16), F.S. (obsolete language
that addressed an accessory dwelling unit repot); no
suste ntative com prehensive pla n n ing req ui rement
impact. Section 16, Chapter 201"0-5, LOF.
1
Amendments
Needed
Addressed
(Where/HowlN/ACitationsChanges to Statutes
20 10 [Cha pte rs 20 10-5, 20 10-33, 2ALO-7 0, 20L0-L02,
2010-182,2AL0-2O and 2010-209, Laws of Floridal
r/lttAGE 0F l(EY BISCAYNE I 2l.)1B [valualion and Appraisal Report (tAR) of the Conrprehsnsi,lB Pl;rn I$\-
14 Procedural
163.3164{e}
lpreviously in
Rule 9J-51
Establishes defi nition for "compatibility."
13 Procedural
163.3164{7}
[previously in
Rule 9J-51
Ista bl ishes defi n ition for "ca pita I i m provement."
L2
163.3164(s)
lNewlIsta bl ishes defi n ition fo r "a ntiq uated su bd ivision."Procedural
TL
163.3164(3)
Ipreviously in
Rule 9J-51
lstablishes definition for "affordable housing" [same
meaning as in s.420.0004(3)1.
Procedural
10 Procedural163.3164(1)
INew]Establishes definifion for "adaptation action area."
9 Procedural163.3154
Changes "Local Government Comprehensive
Planning and Land Development Regulation Act" to
"Community Planning Act" and sets forth new and
modified definitions, many of which were included in
repealed Rule 9J-5.003, F.A.C.
Modifies the provisions for agricultural lands and
practices to state that a plan amendment for an
agricultural enclave is presumed not to be urban
sprawl as defined in 163.3164.
I X163.3162(4)
163.3161{12)
INew]
States the intent is to not require local government
plans that have been found to be in compliance to
adopt amendments implementing the new statutory
requirements until the eva luation and appraisal
period provided in s. 163.3191.
7 Procedural
States the intent is to recognize and protect
agriculture, tourism and military presence as being
the state's tradifional economic base.
6 Procedural163.3161(11)
lNewl
163.3161(10)
Modifies the intent of the legislature wlth respect to
how comprehensive plans and amendments affect
property rights.
5 Procedural
1633161{3)
lNewl
States the intent of the act is to focus the state role
in managing growth to protect the functions of
important state resources and facilities.
4 Procedural
3 163.3161(2)
Expresses the purpose of the act, changing
"control" future development to "manage" future
development "consistent with the proper role of local
government."
Procedural
2 163.3161(1)
Changes "Local Government Comprehensive
Planning and Land Development Regulation Act" to
"Community Pla nning Act."
Proced ural
163.2sr7(4\
Deletes the exemption for plan amendments to
designate an urban infill and redevelopment area
from the twice per year amendment limitation of
s.163.3187.
1 Procedural
Amendments
Needed
Addressed
tWhere/How)N/ACitationsChanges to Statutes
20LL [Chapters 2011-139, Laws of Florida]
t-Alt
uttAGE 0t KEY BtscAYt{E I 2fis tvaluatiorr and Appr;iisal tteport (tltt) of the 0onrpretrensi,re Plan
I
(
(
(
(
Proced ural
163.3164(4s)
[previously in
Rule 9J-51
Establishes defi nition for "suitability."31
ProceduralL63.3164(42)
Changes definition of "optional sector plan" to
"sector plan" and clarifies the purpose of a sector
plan. The term includes an optional sector plan that
was adopted before the effective date of the act.
30
Procedural
163.3164(41)
Ipreviously in
Rule 9J-51
Esta blishes d efi n ition for "sea sona I population."29
Procedural163.3164{40)Changes definition of "regional planning agency" to
"the council created pursuant to chapter 1"86."
28
Procedural163.3164{38)
Deletes health systems and spoil disposal sites
for maintenance dredging located in intracoastal
waterways {except sites owned by ports) from the
definition of "public facilities."
27
Procedural
163.3164{36}
Ipreviously in
Rule 9J-51
Establishes defi nition for "policy."26
Procedural163.3164(34)
lDeletedl
Deletes definition for "dense urban land areas."25
Procedural
163.3164{33)
Ipreviously in
Rule 9J-51
Establishes defi nition for "objective."24
Procedural
1"63.3164(32)
Ipreviously in
Rule 9J-5I
Establishes definition for "new town."23
Procedural163.3164(32)
lDeletedl
Deletes defi nition for "fi na ncia I feasi bil ity."22
Procedural
L63.3164(28)
Ipreviously in
Rule 9J-51
Establishes definifion for "level of service."27
Procedural163.3164(23)
lNewl
Establishes definition for "internal trip capture."2A
Procedural
163.3164{22)
[previously in
Rule 9J-51
[sta blishes defi nition for "intensity."19
Procedural
163.3164(19)
Ipreviously in
Rule 9J-51
Establishes definition for "goal."18
Procedural
163.3164(18)
[previously in
Rule 9J-51
Establishes definition for "floodprone areas."L7
Procedural
163.31"64(12)
Ipreviously in
Rule 9J-51
Establishes defi nition for "density."16
Procedural
1"63.3164(11)
Ipreviously in
Rule 9J-51
Establishes definition for "deepwater ports."15
r/lttAGE 0t KEY BISCAYiIE I 2018 tvaluation and Appraisal Report (tAR) of the Cunrprehensive nf ru $X 75
Procedural163.317s{s)(d)
and (6)
Modifies military base compatibility provisions to
not require that commanding officer comments,
underlying studies and reports be binding on the
local government. Requires the affected iocal
government to be sensitive to private property
rights and not be unduly restrictive on those rights
in considering the comments provided by the
commanding officer or designee.
4L
Procedural163.3171{4)
Modifies areas of authority under this act with
respect to joint agreements and intergovernmental
coordination between cities and counties and
planning in advance of jurisdictional changes.
40
Procedural163.3168(1) -
(a) [New]
Establishes provisions for "planning innovations and
technical assistance" and clarifies the roles of the
state land planning agency and all other appropriate
state and regional agencies in the process. Requires,
upon request by the local government, the state
land planning agency to coordinate multi-agency
assistance on plan amendments that may adversely
impact important state resources or facilities.
Requires the state land planning agency to provide on
its website guidance on the submittal and adoption
of comprehensive plans, amendments and land
development regulations, prohibiting such guidance
from being adopted by rule and exempting such
guidance from s. 120.5a{1)(a).
39
Procedural163.3167{11)
lDeletedl
Deletes provisions for encouraging each local
government to articulate a vision of its future physical
appearance and qualities of its community.
38
Proced ural163.33.67(7j
lDeletedl
Deletes provisions for local government challenge
of costs associated with preparing a comprehensive
plan and related state land planning agency action.
37
Procedural163.3167(3) and
(6) [Deleted]
Deletes provisions for regional planning agency
adoption of plan amendments for elements and
amendments not prepared by a local government
36
Proced ural163.3167(2)
Modifi es req uirements for maintaining
comprehensive plan, deleting the reference to s.
1633184 and the requirement that proposed plan
amendments be submitted to the state land planning
agency.
35
Procedural
163.3164{s1)
Ireplaces
definition
previously in
eJ-sj
Establishes new definition for "urban sprawl."34
Procedural153.3164{s0)
Clarifies the definition of "urban service area" to
delete the term "built-up" and to include any areas
identified in the comprehensive plan as urban service
areas, regardless of local government limitation.
33
Proced ural1"63,3164(46)
lNewl
Esta blishes defi nition for "tra nsit-oriented
development."32
-re ULLAGT 0F l(EY BISCAYilt I 2fi8 ivaluation antlAppraisal Report (EAR) of the Conrprehensive Plan
76
Procedural163.3177{6)(a)a
Modifies requirements for the future land use
element "to accommodate at least the minimum
amount of land required to accommodate the
medium projections of the University of Florida's
Bureau of Economic and Business Research for at least
a L0-year planning period unless otherwise limited."
50
Procedural163.3177(6)(a)2
and 3
Modifies the standards on which future land use
plan and plan amendments are based to include:
permanent and seasonal population, compatibility,
the need to modify land uses and development
patte rns with i n a ntiq uated su bd ivisio ns, preservation
of waterfronts, location of schools proximate to
urban residential areas, and other considerations
taken from repealed Rule 9J-5.006, F.A.C.
49
Procedural163,3177(6){a)
Modifies requirements for the future land use
element to include guidance from repealed Rule 9J-
5.006, F.A.C., relative to general range of density or
intensity of uses for gross land area and establishing
a long term end toward which land use programs and
activities a re ultimately directed.
4B
Procedural163.3177{s)(a)
Modifi es planning period requirements, a llowing
additional planning periods for specific components,
elements, Iand use amendments, or projects as part
of the planning process.
47
Procedural163.3177{3Xb)
Modifies requirements for local government annual
review of capital improvements element to no longer
require transmittal of the adopted amendment
to the state land planning agency and deletes
provisions related to sanctions by the Administration
Co mm ission, adoption of long-term co ncu rrency
management systems and financial feasibility.
46
Capital
lmprovements
Element,
Objective 1
1.63.3177{3)b}a
Modifies provisions for preparing the capital
improvements element to require the schedule to
cover a 5-year period and identify whether projects
are either funded or unfunded and given a level
of priority for funding. Deletes requirements for
financial feasibility.
45
Proced ural3.63.3177(2\Deletes fi na ncial feasibility requirements44
Procedural1.63.3177(rl
Modified to include significant portions of repealed
Rule 9J-5.001 and 9J-5.005, F.A.C., with respect to
the principles, guidelines, standards and strategies
to be set forth in required and optional elements
of the comprehensive plan and requirements for
basing these elements on relevant, appropriate and
professionally accepted data.
43
Procedural163,317s(e)
Modified to require that any local government
comprehensive plan that has been amended to
add ress m i I ita ry com patibi lity req u irements after
2004 and was found in compliance be deemed in
compliance until the local government conducts
its evaluafion and appraisal review pursuant to
s.163.3191 and determines that amendments are
necessary.
42
rllttAGE 0t |(EY BISCAYNt I ?0ltl Evaluatinrr an{l Appraisal lielrort (EAII) uf tlrr ilorrrrrrclr*irsivr Pl.rn
t6\"
Procedural163.3177(6Xf)2
IDeletedl
Deletes requirement for an affordable housing needs
assessment conducted by the state land planning
agency.
59
Procedural163.3177(6)(f)1
and 2
Clarifies requirements for the housing element to
include guidelines, standards and strategies based on
an Inventory taken from the latest decennial United
States Census or more recent estimates and various
other considerations listed in repealed Rule 9J-5.010,
F,A.C.
58
Amendments
are needed to
adopt a Water
Supply Facilities
Plan
lnfrastructure,
Conservation,
and Coastal
Management
Elements
163.3177{6xd)3
Modifies requirements for analyzing current and
projected water sources for a L0-year period to
include consideration of demands for industrial,
agricultural and potable water use and the quality
and quantity of water available to meet these
demands and the existing levels of conservation, use
and protection and policies of the regional water
management district.
57
Procedural163.3177(5}(d)1
and 2 [New]
Modifies requirements for the conservation element
to include portions of repealed Rule 9J-5.013, F.A.C.,
to list the natural resources to be idenfified, analyzed
and protected and toward which conservation
principles, guidelines and standards are to be
directed.
s6
Procedural163.3177(6)(c)3
Modifies potable water supply planning
requirements to remove the provision that states
that "amendments to incorporate the work plan do
not count toward the limitation on the frequency
of adoption of amendments to the comprehensive
plan."
55
Procedural163.3177(6Xc)
Modifies requirements for the general sanitary sewe[
solid waste, drainage, potable water, and natural
groundwater aquifer recharge element to include
guidance from portions of repealed Rule 9J-5.011,
F.A.C., and deletes requirements for including a
topographic map depicting any areas adopted by a
water management district as prime groundwater
recharge areas and addressing areas served by septic
tanks.
54
Transportafion
Element163.3L77{6)(b)
Modifies requirements for the transportation
element to include significant porlions of repealed
Rule 9J-5.019, F.A.C., addressing circulation of
recreationa I traffic, incl ud i ng bicycle faci I ities,
exercise trails, riding facilities and airport master
plans.
53
X
163.3177{6){a}9
and 10 [New]
Establishes requirements for the future land use
element and map series, including with slight
revisions the primary indicators that a plan or plan
amendment does not discourage the proliferation
of urban sprawl that were in repealed Rule 9J-5.006,
F.A.C.
52
Procedural163.3177{6){a)B
lNewl
lstablishes requirements for analyzing future land
use map amendments using portions of repealed
Rule 9J-5.006, F.A.C.
51
?8#l
V|LLAGE 0F l{EY BtscAYNt I 20ts EvatLration and Appraisal Report (tAR) of the Comprehensive Plan
Repealed163.3177{8)-{14)
IDeleted]
See prior table entries for description of deleted
provisions.70
Procedural163.3177(7Xa)-
(l) [neleted]
Deletes provisions for additional plan elements, or
portions or phases thereof, including an economic
development element.
69
Procedural1"63.3177(6){k)
lDeletedl
Deletes provisions for airport master plans.68
Procedural163.3177(6)(i),
U), (k) lDeleted]
Deletes provisions for optional elements of the
co m pre hensive pla n, tra nsportation a nd traffic
circulation, airport compatibility and other
requirements related to transportation corridors and
reduction of greenhouse gas emissions specific to
localgovernments within an urbanized area.
67
Procedural163.3177(6Xh)3
and 4 [Deleted]
Deletes requirements in intergovern menta I
coord ination element for fosteri ng coo rd i nation
between special districts and local general purpose
governments, submittal of public facilities report,
execution of interlocal agreement with district school
board, the county and nonexempt municipalities,
and submittal of reports to the Florida Department
of Community Affairs by counties with populations
greater than 100,000.
66
Procedural
1.63.3177(61
{h)3.a and b
INew]
Mod ifi es req u irements for the i ntergovern me nta I
coordination element to include portions of repealed
Rule 9J-5.015, F.A.C, including coordinating and
addressing impacts on adjacent municipalities and
coordinating the establishment of level of service
sta nda rds.
65
Procedural1.63.3177t61
{h)1.b IDeleted]
Deletes requirement for intergovernmental
coordination element to provide for recognition of
campus master plans and airport master plans.
64
Procedural1.63.3177(6|
(e)10 [New]
Sets forth an option for the local government to
develop an adaptafion action area designation for
low-lying coastal zones experiencing coastal flooding
due to extreme high fides and storm surge and are
vulnerable to the impacts of rising sea level.
63
Procedural163.3177{6)(g)2
lDeletedl
Deletes provisions for local government adoption of
recreational surface water use policies.62
Conservation
and Coastal
Management
Element,
Objective 2.4
163.3177(6Xe)
Modifies the objectives of the coastal management
element and includes a new requirement for
prese rvi ng h istoric a nd a rchaeologica I resou rces.
61
Housing
Element,
Objectives L,3
- 1,.7
L63.3177(6}(f)3
lNewl
Based on repealed Rule 9J-5.010, F.A.C., sets forth
new requirements for the creation and preservation
of affordable housing, elimination of substandard
housing conditions, providing for adequate sites
and distribution for a range of incomes and types
and including programs for partnering, streamlined
permitting, quality of housing, neighborhood
sta bi lization a nd i m proving h istorica I ly sign ifi ca nt
housing.
60
VlLLAGE 0F KEY BISCAYNE I 2fiS tvaluation and Appraisal Reporl ([AR) of the 0onrprehensive Plan
tft6\-
Procedural163.3180{4Xb)
and (c) [Deletedl
Deletes concurrency provisions specifically related
to public transit facilities and urban infill and
redevelopment areas.
80
Procedural163.3180t3)
De letes provisions add ressing govern menta I entities
and establishment of binding level of service
standards with respect to limiting the authority
of any agency to recommend or make objecfions,
recommendations, comments or determinations
during reviews conducted under s .163.3184
79
Procedural163.3180(2)(b)
and {c) [Deleted]
Deletes requirement that parks and recreation
facilities to serve new development are in place or
under actual construction no later than one year
after issuance of a certificate of occupancy or its
functiona I equivalent.
78
Procedural163.3180{1){b)
lDeletedl
Deletes req ui re ment that professiona I ly a ccepted
techniques be used for measuring levels of service for
automobiles, bicycles, pedestrians, transit and trucks.
77
Procedural163.3180 (1Xa)
and (b) [New]
Modifies concurrency requirements to include
portions of repealed Rule 9J-5.0055, F.A.C., which
relate to achieving and maintaining adopted levels
of service for a S-year period, and providing for
rescission of any optional concurrency provisions
by plan amendment, which is not subject to state
review.
76
Optional163,3180{1)
Deletes parks and recreation, schools and
transportation from the list of public facilities and
services subject to the concurrency requirement on a
statewide basis.
75
Procedural
163.31777{3}(a)-
(c)and (4)-t7)
lDeletedl
Deletes requirements related to the submittal of
comments from the Office of Educational Facilities on
the interlocal agreement, challenges to the state land
planning agency notice of intent and other review
process requirements.
74
Procedural163.31777{u
(b)-{d) and (2)
Deletes requirements for public schools interlocal
agreements with respect to submittal of the
agreements to the state land planning agency based
on an established schedule and other requirements
involving the state land planning agency related to
waivers and exemptions.
73
Proceduralt63.3177{7],(c}2
Modifies provisions for processing plan amendments
for land located within a rural agricultural industrial
center to presume that these amendments are not
urban sprawl as defined in s. 163.3164 and shall be
considered within 90 days after any review required
by the state land planning agency if required by s.
163.3184,
72
163.3177(1sXa)
Now:
t6t.3L77(7llal
See Chapter 2011-139, Laws of Florida.7t
s0#l
uLnGE 0F l{EY BtscAYNE I 2fi8 tvatuation anrlAppraisal Report (EAR) of the Comprehensive Plan
Procedura I
163.3182
lRevisedl
Cha nges "tra nsportation concurrency backlogs" to
"tra nsportation defi ciencies" a nd ma kes related
clarifications.
88
163.3180(14)-
(17) [Deleted]
See prior table entries for description of deleted
provisions.87
Procedural163.3180{h)1.a,
b and c lNewl
Modifies school concurrency provisions to allow
a landowner to proceed with development of a
specific parcel of land notwithstanding a failure of
the development to satisfy school concurrency if
certain factors are shown to exist, including adequate
facilities are provided for in the capital improvements
element and school board's educational facilities
plan, demonstration that facilities needs can be
reasonably provided, and the localgovernment
and school board have provided a means by which
proportionate share is assessed.
86
Procedural
163.3180(d)
Now:
163.3180(el
Modifies school concurrency provisions to remove
requirement for financial feasibility and to require
that facilities necessary to meet adopted levels of
service during a 5-year period are identified and
consistent with the school board's educational
facilities plan.
85
Procedural163.3180(6Xf)1
and 2
Modifies school concurrency provisions to clarify that
adoption and application of school concurrency is
optional.
84
Procedural163,3180{6)(a}
lNewl
Sets forth concurrency provisions for public
education, setting forth provisions for those
local governments that apply concurrency to
public education. lf a county and one or more
municipalities that represent at least B0 percent
of the total countywide population have adopted
school concurrency, the failure of one or more
municipalifies to adopt the concurrency and enter
into the interlocal agreement does not preclude
implementation of school concurrency within
jurisdictions of the school district that have opted to
implement concurrency.
B3
163.3180{6}-(13)
lDeletedl
See prior table entries for description of deleted
provisions.82
Proced ural163.3180{sXa)-
(h)[New]
Esta blishes concu rrency p rovisions fo r tra nspo rtatio n
facilities, which include portions of repealed Rule
9J-5.0055, F.A.C. Sets forth requirements wlth respect
to adopted level of service standards, including use of
professionally accepted studies to evaluate levels of
service, achieving and maintaining adopted levels of
service standards, and including the projects needed
to accomplish this in 5-year schedule of capital
im prove ments. Req ui res coord i natio n with adjacent
local governments and setting forth the method to be
used i n ca lcu lating propo rtionate-sha re contri bution.
Defines the term "transportation deficiency,"
B1
IllttAGE 0t KEY BISCAYNE I 2tll11 [valuatiorr arrrl Apprarsal ficpori (l-iiii) nf tirn Inrrrirr*litr]srv{: l'lirr} +4-8l
Procedural163.3184(13)
INew]
Revises provisions to require that no proposed local
government comprehensive plan or plan amendment
that is applicable to a designated area of critical state
concern shail be effective until a final order is issued
finding the plan or amendment to be in compliance
as defined in paragraph (1Xb).
99
Procedural163.3184(12)
lNewl
Ista bl ishes provisions for concurrent zon i ng,
requiring a local government, at the request of an
applicant, to consider an application for zoning
changes that would be required to properly enact any
proposed plan amendment and making the approved
zoning changes contingent upon the comprehensive
plan or amendment becoming effective.
98
Procedural
163.3184(1s)
Now:
163.3184(11)
Modifies provisions for public hearings to state there
is no prohibifion or limitation on the authority of
local governments to require a person requesting
an amendment to pay some or all of the cost of the
public notice.
97
Procedural
163.3184(L1)
Now:
163.3184(8)
Modifies provisions to enable the administration
commission to specify sanctions to which the local
government will be subject if it elects to make
a plan amendment effective notwithstanding a
determination of noncompliance.
96
Procedural163.3184{s)-(7)
lNew]
Sets forth requirements for administrative challenges
to plans and plan amendments, compliance
agreements and mediation and expeditious
resolution.
95
Procedural163.31"84(3) and
(a)lNewl
Sets forth requirements for adopting and processing
plan amendments according to the "expedited"
and "coordinated" review processes, the scope of
the comments to be provided by review agencies,
responsibilities of the state land planning agency
with respect to its various levels of review and
coordination with other state agencies and public
hearings.
94
Procedural163.31B4(2)
lNewl
Sets forth the "expedited" and 'toordinated" review
processes.93
Proced ural163.318a{1}(c)
lNewl
Provides a list of the "reviewing agencies."92
Procedural163.3184(1)tb)
IRevised]
Modifies the definition of "in compliance" to include
a reference to s. 163.3248 and delete the reference
to now repealed chapter 9J-5, F.A.C.
9L
Procedural163.3182(4)
IRevised]
Changes "powers of a transportation concurrency
backlog authority" to "powers of a transportation
development authority" and makes related
clarifications.
90
Procedural163.3182{2)
IRevised]
Cha nges "creation of tra nsportation concu rre ncy
backlog authorities" to 'treation of transportation
development authorities" and makes related
clarifications.
89
,rAS uLmGE 0F l{EY BISCAYNE I 20ls tvaluation and Appraisal Report (EAR) of the Comprehensive Plan
82
Proced ura I163.3229
Revises the durafion of a development agreement
from 20 years to 30 years, unless it is extended by
mutual consent, and deletes reference to s. 163.3187
and s. 163.3 1.89 rega rd ing compliance determination
by state land planning agency.
LO7
Procedural163.322L {2} &
(11)
Changes "Local Government Comprehensive
Planning and Land Development Regulation Act" to
"Com munity Planning Act."
L06
Procedural163.3220(3)
Changes "Loca I Government Comprehensive
Planning and Land Development Regulation Act" to
"Community Planning Act."
105
Procedural163.3217{2)
Deletes the reference to s. 163.3187(1) and
provisions regarding the frequency of adoption of
plan amendments as they relate to adoption of a
municipal overlay.
104
Proced ural
1"63.3191
(1)- (14)
Now:
163.31e1(1)-(s)
Modifies provisions for evaluation and appraisal of
comprehensive plan. Maintains the requirement
for local government evaluation of plan to occur at
least once every 7 years. The local government is
required to determine if amendments are necessary
to reflect changes in state requirements (only)
since the last update and to notify the state land
planning agency by letter as to its determination. lf
needed, these amendments are to be prepared and
transmitted within 1 year of this determination for
review pursuant to 163,3184 (i.e., State Coordinated
Review). Local governments are encouraged to
comprehensively evaluate and as necessary update
plans to reflect changes in local conditions. lf a local
government fails to submit its notification letter to
the state land planning agency or fails to update its
plan to reflect changes in state requirements, then
the local government is prohibited from amending its
plan until it complies with these requirements. The
state land planning agency may not adopt rules to
implemenl this section, other than procedural rules
or a schedule indicating when local governments
must comply with these requirements.
103
Repealed163.31B9
Now: Repealed
See prior table entries for description of deleted
provisions.142
Procedural
163.3187 {1)2.a
& b;3,4 and
{e)-{q)
Now:
163.3187(2)-(s)
Modifies the public notice requirements for small
scale plan amendments, addressing petitions,
prohibiting the state land planning agency from
intervening and requiring that considerafion be given
to the plan amendment as a whole and whether it
furthers the intent of this part in all challenges.
101,
Procedural
163.3187{1}
(a)-(r)
Now:
163.3187{1}
(al-{d}
Modifies provisions to address the process for
adoption of small-scale comprehensive plan
a me nd ments, deleting severa I exceptions, Pla n
amendments are no longer limited to two fimes per
calendar year and text changes that relate directly
to and are adopted simultaneously with small scale
FLUM amendments are permissible.
100
VIILAGE 0F l{EY BISCAYNt I 2ul{j ivaluation arul Atrpr;lisirl lleirort {liAtl) irf tlre Corrrpreh0irsiv0 Plan
t6\83
Procedural163.324s(6)
lNewl
Esta bl ishes provisions for master developme nt
approval, pursuant to s. 380.06{21}, for the entire
planning area in order to establish a buildout date
and describes the level of detail appropriate for
review of the application.
115
Procedural163.324s(sxd)
lNewl
Requires the detailed specific area plan to establish a
buildout date untilwhlch the approved development
is not subject to downzoning, unit density reduction
or intensity reduction, with certain exceptions.
LL4
Transportation
Element
policies 1.2.3
and 1.3.1
163.324s{4)
lNewl
Requires consistency with any long-range
transportation plan and regional water supply plans,
including consideration of water supply availability
and consumptive use permitLing.
L13
Procedural163.324s(3)
Modifies the provisions for two levels of sector
planning, clarifying the requirements for the
long term master plan and detailed specific area
plan. These plans may be based upon a planning
period longer than timeframe on which the local
comprehensive plan is based and are not required to
demonstrate need. The state land planning agency
is required to consult with certain other agencies as
part of its review of the plans.
L72
Procedural163.324s(2)
Deletes provisions for the state land planning agency
entering into an agreement to authorize preparation
of an optional sector plan, and considerafion of the
state comprehensive and strategic regional policy
plans, and clarifies the process for scoping meetings
and joint planning agreements.
L17
Procedural163.324s(1)
Changes "Opfional Sector Plans" to "Sector Plans"
and clarifies the intent to promote and encourage
long-term planning for conservafion, development
and agriculture on a landscape scale and protection
of regionally significant resources/ including
regionally significant water courses and wildlife
corridors. Revises the amount of geographic area
intended for sector plans from at least 5,000 acres
to at least 15,000 acres and protection of public
facilifies.
110
Procedural163.3239
Deletes requirements that a copy of the recorded
development agreement be submitted to the state
land planning agency within 14 days after the
agreement is recorded and for the effectiveness of
the agreement based on receipt by the state land
planning agency.
109
Proced ural163.3235
Modifies provisions for periodic review of a
development agreement to delete requirements for
annual review conducted during years 5 through
10, incorporation of the review into a written report
and the state land planning agency adoption of rules
regarding the contents of the report.
108
t-rAS
uu.AcE 0F KEY BtscAYNt I 20lB tvatuatisn anrlAppraisat Report (tAR) of the Comprehensive Plan
X
163.3248(3)
lNewl
Sets forth six broad principles of rural sustainability
that rural land stewardship areas are to further.L29
Procedural163.3248{2)
lNewj
Establishes a process upon which local governments
may adopt a future land use overlay, which may not
require a demonstration of need based on population
projecfions or any other factors.
L28
X
163.3248(1)
lNewl
Sets forth the intent of Rural Land Stewardship Areas727
X163.3248 [New]
lstablishes provisions for Rural Land Stewardship
Areas, which were provided for as part of the
innovative and flexible planning and development
strategies in now repealed s. 163.3177(11).
L26
163.32465
Now: Repealed
See prior table entrles for description of repealed
provisions.L25
Procedural163.3246t14)
lDeletedl
Deletes the requirement that the Office of Program
Pol icy Ana lysis a nd Govern ment Accounta bility
prepare a report evalualing the certification program
124
Procedural1"63.3246(12)
Deletes provisions in the localgovernment
co m prehensive p la n ning ce rtifi cafi o n progra m that
address the failure to adopt a timely evaluation and
appraisal report and failure to adopt an evaluation
and appraisal report found to be sufficient.
L23
Procedural163.3246(eXa)
Modifies provisions in the local government
com prehensive pla n ni ng ce rtifi cation progra m to
allow small scale development amendments to follow
the process in s, 163.3L87.
L22
Procedural163.324s(12)
lNewl
Provides for a landowner or developer that has
received approval of a master DRI development order
to implement this order by filing application(s) to
approve the detailed specific area plan.
12L
Procedu:'al163.324s(11)
lNewl
Addresses a detailed specific area plan to implement
a conceptual long-term buildout overlay found in
compliance before July 1, 201"L.
t20
Procedural163.324s(10)
lNewl
Allows the state land planning agency to enter into an
agreement with a local government that on or before
July 1, 2011adopted a la:'ge-area comprehensive
plan amendment consisting of at least 1"5,000 acres
based on certain requirements.
719
Procedural163.324s(9)
lNewl
Allows the right to continue, after adoption of a
long-term master plan or a detailed specific area
plan, existing agricultural or silvicultural uses or other
natu ra I resou rce-based operaiions o r esta blish ment
of similar new uses that are consistent with plans
approved pursuant to this section.
118
Procedural163.324s(8)
lNewl
Establishes provisions for landowner withdrawal of
consent to the master plan relative to proposed and
adopted amendments.
7L7
Procedural163.324s(7)
lNewl
Establishes provisions for a developer within an
area subject to a long-term master plan or detailed
specific area plan to enter into a development
agreement.
L16
l/ILLAGt 0F l(EY BISCAYNE I 2UB [valuatiorr and Appraisal Report (tAR) of the Cornprehensrve Plan S-85
Procedural163.360{2Xa)
Changes "Local Government Comprehensive
Planning and Land Development Regulation Act" to
"Community Planning Act."
L39
X
163.3248(11)
lNewl
Expresses the intent ofthe Legislature that the rural
land stewardship area in Collier County be recognized
as a statutory rural land stewardship area and be
afforded the incentives in this section.
138
X
163.3248(10)
INew]
Expresses the intent ofthe section as an overlay
of land use options that provide economic and
regulatory incentives for landowners outside of
established and planned urban service areas.
L37
X
163.32aBteXa)-
(e) [New]
Provides for incentives to owners of land within rural
land stewardship sending areas, in addition to use
or conveyance of credits, to enter into rural land
stewardship agreements.
136
X
163.32a8{8Xa)-
{k) [New]
Sets forth limitations for creating, assigning and
transferring stewardship credits based on underlying
permitted uses, densities and intensities, and
considerations for assigning credits based on the
value and location of land and environmental
resources.
135
X
163.3248(71
lNewl
Sets forth requirements for establishing a rural land
stewardship overlay zoning district and methodology
for the creation, conveyance, and use of transferrable
ru ral ia nd use/stewa rdship credits.
134
X
163.3248(6)
lNewl
Requires a receiving area to be designated only
pursuant to procedures established in the local
government's land development regulations. lf
approval ofthe designation by a county board of
county commissioners is required, it is to be made
by resolution with a simple majority vote. A listed
species survey must be performed and coordinated
with appropriate agencies if listed species occur
on the receiving area development site. Protective
measures must be based on the rural land
stewardship area as a whole.
L33
X
163.3248(sXa)-
(d) [New]
Requires the plan amendment(s) designating a rural
land stewardship area to be reviewed pursuant
to s. 163.3184 and to meet certain requirements
involving criteria for designating receiving areas, the
application of innovative planning and development
strategies, a process for implemenfing these
strategies and a mix of densities and intensities that
would not be characterized as urban sprawl.
t32
X
L63.3248(s)
lNewl
Requires that a rural land stewardship area not
be less than 1"0,000 acres, is located outside of
municipalities and established urban service areas
and is designated by plan amendment by each local
government with jurisdiction.
131.
X
163.3248(4)
lNewl
Provides for agency assistance and parlicipation
to local governments or property owners in
development of a plan for rural land stewardship
a rea.
L30
-r&
u[mGE 0F l{EY BISCAY]II I 2018 [valuation and Appraisal Reporl (tAR) of the eomprehensive Plan
Procedural163.3184(3Xb)2
Changes the time limit for the reviewing agencies
transmittal to 30 days "after" instead of "from" the
date the amendment was received
159
ProceduralL63.3184(3Xb)r_
Added the word "working" to clarify the number
of days a local government has to transmit an
amendment
158
Proced u ra I163.318a(2){c)
Adds developments that are proposed under s.
380.06(2aXx) to the list of amendments that must
follow the state coordinated review process
t57
Proced u ral163.3180{6Xi)Moved to 153.31777(3)156
Procedural163.3180(6Xa)
Providesgeneral rewording. Adds language to
clarify that the choice of one or more municipality
to not adopt school concurrency does not preclude
implementation within other jurisdictions
155
Procedural163.3180(1Xa)
Adds language stating that an amendment that
rescinds concurrency shall be processed under the
state expedited state review process and is not
required to be transmitted to the reviewing agencies
for comments...
154
ProceduralL63.3178{6)
Deletes the provision that the Coastal Resources
lnterage ncy Ma nagement Com m ittee sha I I idenfify
incentives to encourage local governments to adopt
siting plans and uniform criteria and standards...to
implement state goals related to marina siting
153
X163.317s(s)
Adds "advisory" to define the commanding officer's
commen:s on the impacts of proposed changes to
military bases
152
June xx, 201-8
evaluation
letter
163.3174{4xb)
Changes the "preparation of the periodic reports"
to "the periodic evaluation and appraisal of the
comprehensive plan".
1"51
Procedural163.3167(8)
Provides that any local government charter provision
that was in effect as of June L 2011for an initiative
or referendum process for development orders or
comprehensive plan amendments may be retained
and implemented
150
X163.3162 NoteAdds provisions related to agricultural enclavesL49
Procedural163.3162(3)(c)3
{i}
Changes county to government entity148
Procedural163.3162{3)(c)3Changes county to government entityL47
Procedural163.3162(3Xc)Changes county to government entityt46
Procedural163.3162{3xb)Changes county to government entity145
Procedural1"63.3L62{2Xd)Adds a definition of government entityt44
X163.3r"62(2Xb)Rewords the definition of farm operationL43
X163.3162(2)(a)Rewords the definition of farmL42
163.3177(1s)(a)
Now:
t63.tr77(7llal
See Chapter 20LL-139, Laws of Floridat4L
Procedural163.s16(3)(a)
Changes "Local Government Comprehensive
Planning and Land Development Regulation Act" to
"Community Planning Act."
t40
ttlILAGE 0F KEY BISCAYiIE I 201S [valuatjon and Appraisal Reporl (tAIi) of the 0omprehensive Plan
t6\t
Procedural163.3248{6)Removes the word "county" from "board of
commissioners"165
Procedural163.317s(s)
Changes the time limit by which the Administration
Commission must enter into a final order from 45
days after receipt of the planning agency
L64
Procedural163.3184(sXb)Corrects the citation related to plan amendment
package comp:eteness from 3(c)3. To {+Xe)3.
163
Procedural163.318a{aXe)2.
Added the word "working" to clarify the number
of days a local government has to transmit an
amendment
162
Procedural163.3184(4)(b)
Changes the time limit a local government has
to transmit an amendment from "immediately
following" the first public hearing to "within 10
working days after" the first public hearing
161
Procedural163.318a(3Xc)2
Added the word "working" to clarify the number
of days a local government has to transmit an
amendment
160
Procedural163.3162{3Xb)
lNewl
Prohibits a governmental entity from charging a
fee on a specific agricultural activity of a bona fide
farm operation on land classified as agricultural land
pursuant to s. L93.461, if such agricultural activity is
regulated through implemented best management
practices, interim measures, or regulations adopted
as rules under chapter 120 by the Department
of Environmental Protection, the Department of
Agriculture and Consumer Services, or a water
management district as part of a statewide or
regional program; or if such agricultural activity is
expressly regulated by the United States Department
of Agriculture, the United States Army Corps of
Engineers, or the United States Environmental
Protection Agency.
4
Procedural163.3162(3Xa)Replaces "county" with "governmental entity."3
Proced ural163.3162(2Xd)
Amends the definition of "governmental entity" in
the provisions for agricultural lands and practices,
clarifying that in addition to not including a water
control district established under chapter 298 or
a special district created by special act for water
management purposes, the term does not include a
water management district.
2
Procedural
163.2136(3)
(c) {k) [re-
numberedl
Re-numbers section 163.3162(3)(b)-(j) as 163.3162(3)
(c)-(k) in order to accommodate new section
163.3162(3)(b) - see item 4 below.
T
Changes to Statutes Amendments
Needed(Where/How)
AddressesN/ACitations
2013 lChapters 2013-15,2013-78, 2OL3-LL5,2OL3-ZL3,2OL3-224 and 2013-239, Laws of Florida]
-rA$
urrAGE 0t l{EY BlscAYtlE I 20ls tvatuatirtn and Appraisat Report (tAR) of the Conrnrehensive Plarl
Capital
lmprovement
Ilement, policy
1.5.3.
163.3180{s)
{h)1.d [New]
Modifies language to require local governments that
continue to implement a transportation concurrency
system to "provide the basis upon which the
landowners will be assessed a proportionate share
of the cost addressing the transportafion impacts
resulting from a proposed development.
11"
Procedural163.3180(s)
(h)1.c.ll INew]
Adds language allowing a local government to accept
contributions from multiple applicants for a planned
improvement if it maintains contributions in a
separate account designated for that purpose.
10
Proced ural163.3180{s)
(h)1.c [New]
Adds "development agreement" in the listed land
use development permits for which an applicant may
satisfy tra nsportatio n co ncu rre ncy req u i reme nts of
the local comprehensive plan, the local government's
concurrency management system and s. 380.06
when applicable, if conditions in subsequent sections
are met.
9
Procedural163.3180(s){h)1
INew]
Revises and adds requirements for local governments
that continue to implement a transportation
concurrency system, whether in the form adopted
into the comprehensive plan before the effecfive
date of the Community Planning Act, chapter 20L1-
139, Laws of Florida, or as subsequently modified.
B
Procedural163.3167(8)(c)
lNewl
States the intent of the Legislature is to prohibit
any initiative and referendum in regard to any
development order, and prohibit any initiative and
referendum in regard to any localcomprehensive
plan or map amendment except as specifically
and narrowly permitted in paragraph (b), States
these prohibitions are remedial in nature and apply
retroactively to any initiative or referendum process
commenced after June 'J.,201.1., clarifying that any
such initiative or referendum process that has been
commenced or completed thereafter is null and void
and of no legal force and effect.
7
Proced ura I
163.3167{8Xb)
lNewl
Clarifies that an initiative or referendum process in
regard to any localcomprehensive plan amendment
or map amendment is prohibited, except for those
amendments that affect more than five parcels of
land if it is expressly authorized by specific language
in a local government charter that was lawful and in
effect on June 1, 2011. A general local government
charter provision for an inifiative or referendum
process is not sufficient.
6
Procedural
Clarifies the provisions for growth management that
an inifiative or referendum process in regard to any
development order is prohibited. Removes language
that allowed an initiative or referendum process by a
local government charter in effect as of June 1, 201.t
to be retained and implemented.
5
VILLAGE 0F l(tY BISCAYNt I ?tJltl f.valrratiirrr arrrl fl1:lrrirrsai liqtrtri (lilili) ul the tlrinprr;lrrrrrsive Plarr +6-89
Procedural163.325 [New]
Creates short title for ss. 163.325-153.3253 as the
"Ma n ufacturing Competitiveness Act."15
Procedural
1-63.3246(1),(4)-
(7), (e)ta), (12)
and {13)
Changes numerous references in the provisions
for the local government comprehensive planning
certification program from "department" to "state
land planning agency."
1,4
Proced ural163,3180(s)(i)
lNewl
Sets forth new provisions for any local government
that elects to repeal transportation concurrency.
Encourages adoption of alternative mobility funding
system that uses one or more of the tools and
techniques identified in paragraph {f).
Clarifies that any alternative mobility funding system
adopted may not be used to deny, time or phase
an applicafion for site plan approval, plat approval,
final subdivision approval, building permits, or the
functional equivalent of such approvals provided that
the developer agrees to pay for the development's
identified transportation impacts via the funding
mechanism implemented by the local government.
States that the revenue from the funding mechanism
used in the alternative system must be used to
implement the needs of the local government's plan
which serves as the basis for the fee imposed.
Requires a mobility fee-based funding system to
comply with the dual rational nexus test applicable to
impact fees. An alternative system that is not mobility
fee-based shall not be applied in a manner that
imposes upon new development any responsibility
for funding an existing transportation deficiency as
defined in paragraph (h),
13
Procedura I
163.3180(s){h)3
INew]
Clarifies that a local government is not required to
approve a development that, for reasons other than
transportation impacts, is not qualified for approval
pursuant to the applicable local comprehensive plan
and land development regulations.
t2
g0fff
vlLLAGE 0F lfiY BIS0AYNE I 20is tvaluation anrlAppraisal llepurt ([Afi) irf the 0arrrf reirernive Plan
Procedural163.3252 [New]
Setting forth provisions for a local manufacturing
development program and master development
approval for manufacturers, allows a local
government to adopt an ordinance establishing a
local manufacturing development progra m through
which the local government may grant master
development approval for the development or
expansion of sites that are, or are proposed to be,
operated by manufacturers at specified locafions
within the local government's geographic boundaries.
17
Proced ural163.32s1{1}-{6)
lNewl
Creates six definitions as used in the provisions
for manufacturing development in ss. 163.3251-
163.3253:
1". "Department" means Department of Economic
Opportunity;
2. "Local government development approval"
means a local land development permit, order,
or other approval issued by a local government,
or a modification of such permit, order, or
approval, which is required for a manufacturer to
physicaliy locate or expand and includes, but is not
limited to, the review and approval of a master
development plan required under s. 163.3252(2)
(c).
3. "Local manufacturing development program"
means a program enacted by a local government
for approval of master development plans under s.
163.3252.
4. "Manufacturer" means a business that is classified
in Sectors 31-33 of the National American Industry
Classification System (NAICS) and is located,
or intends to locate, within the geographic
boundaries of an area designated by a local
government as provided under s. 163.3252.
5. "Participating agency" means: (a) The Department
of Environmental Protection, {b) The Department
of Transportation, (c) The Fish and Wildlife
Conservation Commission, when acting pursuant
to statutory authority granted by the Legislature
and {d} Water management districts.
6. "State development approval" means a state or
regional permit or other approval issued by a
participating agency, or a modification of such
permit or approval, which must be obtained
before the development or expansion of a
manufacturer's site, and includes, but is not
limited to, those specified in s.163.3253(1).
16
VILLAGt 0F KEY BISCAYNE I 20lS tvaiuatrurr airrl illiirr,irsal ttr:trrrt (lrili) of the Corrrpreh0nsive f'f rr, 46*9l
Procedural163.32s2{2){e)
lNewl
Requires the model ordinance to include a provision
vesting any existing development rights authorized by
the local government before the approval of a master
development plan, if requested by the manufacturer.
24
Proced ural163.32s2(2)(d)1-
11 [New]
Requires the model ordinance to include a list of
development impacts, if applicable to the proposed
site, which the local government will require to be
addressed in a master development plan, including
but not limited to: l.Drainage, 2.Wastewater,
3.Potable water, 4. Solid waste, 5. Onsite and offsite
natural resources, 6. Preservation of historic and
archeological resources, 7. Offsite infrastructure, 8.
Public services, 9. Compatibility with adjacent offsite
land uses, 10. Vehicular and pedestrian entrance to
and exit from the site and 11. Offsite transportation
impacts.
23
Proced ural163.32s2(2Xc)1-
4 [New]
Requires the model ordinance to include the
minimum elements for a master development plan,
including but not limited to: 1". A site map, 2. A list
proposing the site's land uses, 3. The maximum
square footage, floor area ratio, and building heights
for future development on the site, specifying with
particularity those features and facilities for which
the local government will require the establishment
of maximum dimensions and 4. Development
conditions,
22
Procedural163.32s2(2)(b)
lNewl
Requires the model ordinance to identify those areas
within the local government's jurisdiction which are
subject to the program.
2t
Proced ure163.32s2{2Xa)
lNewl
Requires the model ordinance to include
procedures for a manufacturer to apply for a
master development plan and procedures for a
local government to review and approve a master
development plan.
20
Procedural163.32s2{2)
lNewl
Requires DEO to develop by December 1",2OI3
a model ordinance to guide localgovernments
that intend to establish a local manufacturing
development program. Requires the model
ordinance, which need not be adopted by a local
government to include the elements set forth in ss
163.32s2(2){a)-(k).
19
Proced ura I
163.32s2(1)(a)
and (b) [New]
Requires a local government that elects to establish a
local manufacturing development program to submit
a copy of the ordinance establishing the program to
DtO within 20 days after the ordinance is enacted,
A local government ordinance adopted before
the effective date of this act establishes a local
manufacturing development program if it satisfies
the minimum criteria established in subsection (3)
and if the local government submits a copy of the
ordinance to DEO on or before September 1, 2013.
18
g2&l
u[[AGt 0t KtY BISCAYNE I 2ffri fvilluatirrrrand Appraisal rtepnrt (tAl{) lf the t)ornlrrnh0rr$ivil Plan
Procedural163.32s2(3)(a)-
(d) [New]
Requires a local manufacturing development
program ordinance to as a minimum be consistent
with subsection (2) and establish procedures for
{a} Reviewing an application from a manufacturer
for approval of a master development plan, (b)
Approving a master development plan, which may
include conditions that address development impacts
anticipated during the life of the development, (c)
Developing the site in a manner consistent with
the master development plan without requiring
additional local development approvals other
than building permits and (d) Certifying that a
manufacturer is eligible to participate in the local
ma nufactu ring development progra m.
31
Procedural163.32s2(2Xk)
INew]
Requires the model ordinance to include a provision
establishing the form that will be used by the
local government to certify that a manufacturer is
eligible to participate in the local manufacturing
development program adopted by that jurisdiction.
30
Proced ural163.32s2{2)(j)
lNewl
Requires the model ordinance to include a provision
stating that, before commencing construction or site
development work, the manufacturer must submit a
certification, signed by a licensed architect, engineer;
or landscape architect, attesting that such work
complies with the master development plan,
29
Procedural163.32s2(2Xi)
lNewj
Requires the model ordinance to include a
provision stating that, during the term of a master
development plan, the local government may not
require additional local development approvals for
those development impacts listed in paragraph (d)
that are addressed in the master development plan,
other than approval of a building permit to ensure
compliance with the state building code and any
other applicable state-mandated life and safety code.
28
Procedural163.32s2(2Xh)
lNewl
Requires the model ordinance to include a provision
stafing the scope of review for any amendment
to a master development plan is limited to the
amendment and does not subject any other provision
of the approved master development plan to further
revtew.
27
Procedural163.32s2(2)(e)1
and 2 [New]
Requires the model ordinance to include a
provision limiting the circumstances that require an
amendment to an approved master development
plan to: 1. Enactment of state law or local ordinance
addressing an immediate and direct threat to the
public safety that requires an amendment to the
master development order and 2. Any revision
to the master development plan initiated by the
manufacturer.
26
Procedural163,32s2(2Xf)
lNew]
Requires the model ordinance to include whether an
expiration date is required for a master development
plan and, if required, a provision stating that the
expiration date may not be earlier than 10 years after
the plan's adoption.
25
VIILAGE 0F l(EY BISCAYI,IE I 20lll [virluatrlrt anrl rllltr;irs;]l lir'rtrort (lAll) r.rf tlru t}urnlrrel'iunstv0 flirn +4-93
Procedural163.32s3(3Xa)
lNewl
Requires DEO to convene a meefing with one or more
participating agencies if a manufacturer requests
one at any time during the process and that the
pa rticipating agencies attend.
Allows DEO to participate as necessary to accomplish
the purposes set forth in s. 20.60{4}{f), does not
require the department to mediate between the
participating agencies and the manufacturer.
36
Procedural163,32s3(2Xa)
and (b) [New]
Requires a manufacturer to file its application for
state development approval with DEO and each
participating agency with proof that its development
or expansion is located in a local government that
has a local manufacturing development program. lf
a local government repeals its local manufacturing
development progra m ordinance, a manufactu rer
developing or expanding in that jurisdiction
remains entitled to participate in the process if the
manufacturer submitted its application for a local
government development approval before the
effective date of repeal.
35
Procedural163.32s3(1){a)-
{i.}[Newl
Requires the approval process to include
collaboration and coordination among, and
simultaneous review by, the participating agencies
of applications for: (a) Wetland or environmental
resource permits, (b) Surface water management
permits, {c) Stormwater permits, (d) Consumptive
water use permits (elWastewater permits, (f)Air
emission permits, (g) Permits relating to listed
species, (h) Highway or roadway access permits and
(i) Any other state development approval within the
scope of a participating agency's authority^
34
Procedural163.3253 [New]
Creates provisions for a coordinated manufacturing
development approval process, requiring DEO to
coordi nate the ma n ufacturing d eve lopment a pprova l
process with participating agencies, as set forth in
this section, for manufacturers that are developing
or expanding in a local government that has a local
manufacturing development progra m.
33
Procedural
163.32s2(a)(a)
and {b)1 and 2
lNewl
Prohibits a local government that establishes a
local manufacturing development program from
abolishing the program until it has been in effect for
at least 24 months.
Sets forth provisions for a local government's
repealing its local manufacturing development
program ordinance, stating that 1. Any application
for a master development plan which is submitted
to the local government before the effective date of
the repeal ls vested and remains subject to the local
manufacturing development progra m ord inance
in effect when the application was submitted; and
2The manufacturer that submitted the application
is entitled to participate in the manufacturing
development coordinated a pprova I process
established in s. 163.3253.
32
,re VlILAGt 0F KEY BISCAYNt I zil8 ivaluation anrlAppraisal flepo11 ([Atl) of tlre 0onrprei]snstvr] Plan
94
Proced ural163.32s3(sXb)
lNewl
Requires a participating agency to notify DEO if the
agency intends to deny a manufacturers applicafion
and, unless waived in writing by the manufacture6
the department shall timely convene an informal
meeting to facilitate a resolufion.
43
Procedural163.32s3{s)(a)
lNewl
Requires, unless the deadline is waived in writing by
the manufacture6 each participating agency to take
final agency action on a state development approval
within its authority within 60 days after a complete
application is filed. The 60-day period is tolled by
the initiation of a proceeding under ss. 1"20.569 and
120.57.
42
Proced u ra I
163.32s3(a)(c)
lNewl
Within L0 days after the manufacturer's response to
the request for additional information, a participating
agency may make a second request for additional
informafion for the sole purpose of obtaining
clarification of the manufacturer's response.
41,
Procedural163.32s3(4Xb)
lNewl
lf the participating agency does not request
additional information within the 20-day period, the
participating agency may not subsequently deny the
application based on the manufacturer's failure to
provide add ifi onal information.
40
Procedural163.32s3(a)(a)
lNewl
Requires if a participafing agency determines an
application is incomplete that the participating
agency notifies the applicant and DEO in writing of
the additional information necessary to complete the
application.
Requires, unless the deadline is waived in writing
by the manufacture; a participating agency to
provide a request for additional information to the
manufacturer and DEO within 20 days after the date
the application is filed with the participating agency.
39
Procedural163.32s3(3Xc)
lNewl
Prohibits DEO's participation in a coordinated
manufacturing development approva I process under
this section from having any effect on its approval
or disapproval of any application for economic
development incentives sought under s. 288.061 or
another incentive requiring DEO approval.
38
Procedural163.32s3(3Xb)
lNewl
Prohibits DEO from being a party to any proceeding
initiated under ss. 120.569 and L20.57 that relates
to approval or disapproval of an application for state
development approval processed under this section.
37
VlttAGt 0t KtY BISCAYNt I 2tJlS livalri.rtrurr .rnd lippili:;iil tlrrpirrl {[l1fl) of thr: trrrnpre hensive Plarr +6-95
Procedural
Note to
163.3162 (2012
version of
statute)
Repeals secfion 4 of chapter 2A12-75, Laws of Florida,
which had established an alternate method for
certain landowners to apply to DEO for an agricultural
enclave designation. The right to apply for ag enclave
designation under the alternate method expired on
January 1,2013.
49
Procedural163,340(2)
Revises the definitions to replace a reference to
s.165.031(5) in the definition of "public body" to s
16s.031(7)
48
Procedural163.32s3(7)
INew]
Allows DIO to adopt rules to administer section
163.3253.47
Procedural163,32s3(6)
lNewl
Prohibits subsections ( ) and {5) from applying to
permit applications governed by federally delegated
or approved permitling programs to the extent that
subsections (4) and (5) impose timeframes or other
requirements that are prohibited by or inconsistent
with such federally delegated or approved
permitting programs.
46
Procedural163.32s3{s)(d)
lNewl
Allows the manufacturer at any fime after a
proceeding is inifiated under ss. 120.569 and 120.57
to demand expeditious resolution by serving notice
on an administrative law judge and all other parties
to the proceeding. The administrative law judge is
required to set the matter for final hearing no more
than 30 days after receipt of such notice. After the
final hearing is set, a continuance may not be granted
without the written agreement of all parties.
45
Procedural163.32s3(s)(c)
INew]
Unless waived in writing by the manufactureq if a
participating agency does not approve or deny an
application within the 60-day period, within the time
allowed by a federally delegated permitting program,
or; if a proceeding is initiated under ss. 120.569 and
120.57, within 45 days after a recommended order
is submitted to the agency and the parties, the
state development approval within the authority
of the participating agency is deemed approved. A
manufacturer seeking to claim approval by default
under this subsection shall notify, in writing, the
clerks of both the participating agency and DEO of
that intent. A manufacturer may not take action
based upon the default approval untilsuch notice is
received by both agency clerks.
44
g6&l
uLLAGE 0F KtY BlscAYNt I ztlltiflvahratinrianrlAppraisal tleprii {[Alt) uf ihr llrrnrprrirsrrsiv* Plan
Procedural
Section
163.3184,
Process for
Adoption of
Comprehensive
Plans or Plan
Amendments
{Chapter
20t6-3,48,
section 3, Laws
of Florida)
- Amends section 163.3184{2)(c) to modify the
language pursuant to changes in section 380.06,
F.S., to require state coordinated review of plan
amendments that approve DRI-sized proposed
developments; no substantive cha nge.
- Adds subsection 163.3184(5){e)3 to provide that
when an administrative law judge issues an order
recommending that a plan amendment be found in
compliance, the recommended order becomes the
final order 90 days after issuance unless the state
land planning agency issues a final order finding the
amendment in compliance, refers the recommended
order to the Administration Commission, or all
parties consent in writing to an extension of the 90
day period.
- Amends section 163.3184{7)(d}, for plan
amendment challenges that are subject to mediation
or expeditious resolution, to provide that when an
administrative law judge issues a recommended
order finding an amendment in compliance, except
where the parties agree or there are exceptional
circumstances, the state land planning agency must
issue a final order within 45 days after issuance of
a recommended order; and if the finalorder is not
issued in 45 days, the recommended order finding
the amendment in compliance becomes the final
order.
3
Section
1.63.3175(7),
Fina ncial
Reporting for Ex
Officio Military
Representatives
on Local Boards
{Chapter
20t6-1,48,
section 2, Laws
of Florida)
Modifies this section to state that a representative
of a military installation is not required to file a
statement of financial interest pursuant to section
3"12.3L45, F.S., solely due to his or her service on the
local government's land planning or zoning board.
2
X
163,3177(61
{a)11,
Amendments
to Future Land
Use Element
to Address
Military Base
Compatibility
{Chapter
2016-10, section
13, Laws of
Florida)
Deletes this obsolete subsection which required
local governments to transmit comprehensive plan
updates or amendments to address compatibility
of lands adjacent or closely proximate to existing
military installations or lands adjacent to an airport to
the state land planning agency by June 30, 2012.
1,
Amendments
Needed
Addressed
tWhere/HowlN/ACitationsChanges to Statutes
2016 [Chapters 2016-10, section 13; 2016-148, sections 2-4, Laws of Florida]
VlttAGt 0F KEY BISCAYNE I lrng lvallalrLm arni Apprarsal ftelrnrt ([Aft) rf ttre Cnrrrprelrensrve Plirr t6\tt
X
Section
153.3245{1),
Sector Plans
(Chapter
2AL6-].48,
section 4, Laws
of Florida)
Modifies this section to reduce the minimum amount
of total land area required for a sector plan from
15,000 acres to 5,000 acres.
s8;fflt rltt[AGE 0t tfiy BtscAYtlt I z0ts Evatuation and Appraisal Report (tAR) of the Comprehensive Plan
)
)
)
)
)
)
)