HomeMy Public PortalAbout2023-14 Adopting the Evaluation and Appraisal Report-Based amendments to the Comprehensive PlanORD INANCE NO. 2023-14
AN ORD INANCE OF THE VILLAGE OF KE Y BISCAYNE,
FLORIDA, ADOPTING THE EVALUATION AND
APPRA ISAL RE PORT-BASED AMENDMENTS TO THE
COM PRE HENSIVE PLAN; PROVIDING FOR
TRA NSMITTAL; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERA BILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHERE AS, Section 163 .3191, Florida Statutes, directs local governments to periodically
evaluate its comprehensive plan to determine if comprehensive plan amendments are necessary to
reflect changes in state requirements since the last update of the comprehensive plan; and
WHERE AS, the Village has completed its review of its Comprehensive Plan and
transmitted its Evaluation and Appraisal Report Notification Letter to the Florida Department of
Economic Opportunity ("DEO"); and
W HERE AS, the Village has prepared Evaluation and Appraisal Report-Based
Comprehensive Plan Amendments necessary to reflect changes in state requirements; and
W HERE AS, the Village Council, sitting as the Local Planning Agency, has reviewed the
proposed Evaluation and Appraisal Report-Based Comprehensive Plan amendments and
recommends approval; and
W HERE AS, the Village Council finds that adoption of this Ordinance is in the best interest
and welfare of the Village and its residents.
NOW , THERE FORE , BE IT ORD AINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: 1
Section 1. Recitals. That the above-stated recitals are true and correct and are
incorporated herein by this reference.
1 Coding: Strikethrottgh words are deletions to the existing words. Underlined words are additions to the existing words. Changes
between first and second reading are indicated with highlighted €!01Jble striketluo1Jgk and double underline
S e c tio n 2 . C o m p r e h e n siv e P la n A m e n d m en ts A d o p te d . The Village Council
hereby adopts the Evaluation and Appraisal Report-Based Amendments to the Comprehensive
Plan attached hereto as Exhibit "A."
Section 3. Transmittal. The Village Manager is authorized to transmit the Evaluation
and Appraisal Report-Based Comprehensive Plan Amendments adopted by this Ordinance to the
DEO and all other units of local government or governmental agencies required by Section
163 .3184, Florida Statutes.
Section 4. Conflicts. All Sections or parts of Sections of the Code of Ordinances, all
ordinances or parts of ordinances, and all Resolutions, or parts of Resolutions, in conflict with this
Ordinance are repealed to the extent of such conflict.
Section 5. Severability. That the provisions of this Ordinance are declared to be
severable, and, if any section, sentence, clause and/or phrase of this Ordinance is, for any reason,
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance, which shall remain in effect, it being
the legislative intent.
Section 6. Effective Date. This Ordinance shall become effective upon passage and
adoption by the Village Council on second reading. However, pursuant to Florida Law, the
Evaluation and Appraisal Report-Based Comprehensive Plan Amendments adopted by this
Ordinance shall go into effect pursuant to the DEO's notice of intent. If timely challenged, an
amendment does not become effective until the DEO or the Administration Commission enters a
final order determining the adopted amendment to be in compliance.
PASSED on first reading on the 9th day of May , 2023.
PASSED AND ADOPTED on second reading on the 10th day of October , 2023.
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.,/·--·····~ --~----
~ f
JOEL RA SCO
MA YOR
ATTEST:
~~~Zeeb
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL IT Y:
~J~
WE ISS SEROTA HELFMAN COLE & BIERM AN , P.L.
VILLAGE ATTORNE Y
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KEY BISCAYNE MASTER PLAN
Part II
Goals, Objectives, Policies
Capital Improvement Element Implementation Systems Monitoring,
Updating and Evaluation Procedures
11 TABLE OF CONTENTS PAGE
12
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14 INTRODUCTION 3
15 FUTURE LAND USE 4
16 Figure 1: Color Future Land Use Map 7
17 FUTURE LAND USE CATEGORY DESCRlP TIONS 16
18 TRAFFIC CIRCULATION 20
19 Figure 2: Future Traffic Circulation Plan 23
20 HOUSING 25
21 INFRASTRUCTURE 28
22 CONSERVATION AND COASTAL MANAGEMENT 32
23 RECREATION AND OPEN SPACE 44
24 INTERGOVERNMENTAL COORDINATION 46
25 CAPITAL IMPROVEMENTS 49
26 CAP IT AL IMPROVEMENT ELEMENT IMPLEMENTATION SYSTEMS 57
27 CAP IT AL IMPROVEMENT SCHEDULE 58
28 MONITORI NG, UPDATING AND EVALUATION PROCEDURES, 1994-1998 59
29 PUBLIC SCHOOL FACILITIES 60
30 EDUCATIONAL ELEMENT MAP SERIES 67
31 PROPERTY RIGHTS
32 PART II APPENDIX A: CONSISTENCY OF THE KEY BISCAYNE
33 MASTER PLAN WITH THE ST ATE COMPREHENSIVE PLAN 68
34 PART II APPENDIX B: CROSS ELEMENT IMPLEMENTATION PLAl'\f 70
35 Figure 3: Street Names Map 72
36 Reserve Material 73
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GOALl
L FUTURE LAND USE ELEMENT
ACHIEVE THE FOLLOWING COMMUNITY CHARACTER:
***
Objective 1.1 . 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.
Policy 1.1.1 9J 5.006 (3) (c) 7
By the date--re€fHtte4-by--st utute or soonef; tHe-- The Village shall maintain, and revise
as necessa1y, effective land development code provisions and incentives that clearlv
implement the goals, objectives, and policies of this Element and which is consistent
with the Future Land Use Map (Figure 1), including the land uses and the densities
and intensities specified thereon and the descriptions of the requirements of those
categories, which appear under the heading "Future Land Use Category
Descriptions," beginning on page 12. The map and the descriptions are incorporated
by reference into this Policy 1.1. l.
Policy 1.1.2 9J 5.006 (3) (c) 7
Betw een enactment of this pJan and adoption of the lfm.fi-aevektftttten+-eo de
referenced in Policy 1.1.1, theThe Village shall regulate all development in
accordance the Future Land Use Map (Figure 1), including the land uses and the
densities and intensities specified thereon and the description of the requirements of
those categories, all of which are incorporated by reference into this Policy 1.1.2.
Policy 1.1.3 9J 5 .006 (3) (c) l
I½,· the date requ.ired ay state statute or-seet1 er,--t-he--The Village shall maintain. and
revise as necessaiy. effective land development code provisions governing
subdivisions, signs and floodplain protection. Such provisions shall be consistent
with this plan and with the applicable Florida statutory and administrative code
guidelines and otherwise conform to the following standards.
***
Policy 1.1.4
The Village shall establish ana--ma i-fltaifr.a review. revise. and maintain a street tree
master plan as the basis for public right:_of:_ way re:.. vegetation to achieve a tree
and palm canopy with a specified tree species for each of the Village streets.
Implementation begun on Crandon Boulevard in 1993 shall be continued in
subsequent years.
***
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80 Figure 1 (Continued)
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82 f«'or the Plfl-ftfl-i-ttg-J!ttiaa-+9-94--l-0 04
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84 The land use categories indicated belew-shall have the regulatory significance described herein and
85 as further defined and described in Future Land Use Element Policy 1.1.1.
86 Notes Pertaining to Future Land Use Map:
87
88 l. The area within designated boundary line is subject to an approved development of regional
89 impact. Pursuant to Florida Statute 163 .31678, the designations reflected on this Future
90 Land Use Plan Map are not intended to limit or modify the right to complete development
91 pursuant to the existing Development of Regional Impact Development Order, so long as
92 the Development Order remains valid and effective and development proceeds forward in
93 compliance with the Development Order.
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95 ±-:------+he are a vv-i:th-ifHl esignaled boundary line is subject to an approved developmerrt:-ef..f eg-te-H-a-l
96 tt:ftj:laet-c-P-urs-uant to Florida Statute I 6H+e-7-8. the desigFIBti-oos-r eflected on this Future
97 Ltmd Use Plan M ap are not intended to limit or modify the--Fi-g-l-1{--t&-00tt~lete--tl ~
98 puFSoont to the m<isting Deve-le-pment--0-t:'.--Regiet-1-a-l-l-m-paet-9e-velopment--Gfdtff,w--l-ottg--as
99 t-he Develo(.'ffileft ~- remains val id and effoctive aml--Ei~ffieflt proceeds forwnrd-i-n
100 eo mplianee \.V-t-tM he--:Deve!e-pt1-1ent Order.
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102 ;,..L_ Crandon Boulevard is classified in the +Faffic----Gi-re tt~at-i-BB-Transportation Element of the
103 Master Plan as a four-lane divided County Minor Arterial.
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105 4-cl:__Harbor Drive between Crandon Boulevard and West Mashta Drive is classified in the
106 Transportation Element of the Master Plan as a two-lane Village Collector.
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108 M---'-- West Mashta Drive between Harbor Drive and Crandon Boulevard is classified in the
109 Traffic CirculatioR-Transportation Element of the Master Plan as a two-lane Village
110 Collector.
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112 &.-)_,__Notwithstanding the medium density residential land use category, the site at the southeast
113 comer of Crandon and Seaview may be zoned to permit one story office use if the Village
114 Council finds, based on substantial and competent facts, that such zoning will result in
115 sufficient investment in the existing building or a new building to eliminate the blighting
116 influence caused by the deteriorated condition of the existing building as of the enactment
11 7 of this future land use map.
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119 ':/-Ji The recreation and open space element and the capital improvements element express the
120 intent that pedestrian access rights be acquired, through purchase or donation, over at least
121 the designated view corridor.
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Objective 1.2
GOAL2
Objective 2.1
Commercial Redevelopment 9.1 5.006 (3) (b) 2
9-1!.GO~~
Alo Jc;ler~chieve private revita!i:.:€tlion of €ft f.ffi.'tf-<.me Crandrm
&m lev-ardpro-pe+'ty--!Afft, has c, blighlil'lg im-peet on lhe Village:- Develop a program
and policies to protect and enhance the commercial areas o[the Village.
Policy 1.2.1
By the date required by state st~ooner, theThe Village shall review, revise.
and maintain ena et 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 development
standards in keeping with the goals, objectives and policies of this plan.
Redevelopment shall be consistent with the Future Land Use Map, Policy 1.1.1 and
all other relevant goals, objectives and policies of this plan.
***
PROTECT AND ENHANCE THE RESIDENTIAL, COMMERCIAL,
RESORT AND NATURAL RESOURCE AREAS OF KEY BISCAYNE.
Sanitary Sewer Facilities 9.J-5-:-00 6 (3) (b) I
Extend public Coordinate with the County and appropriate agencies lo maintain
sanitary sewer service I& additional cfe,.,e/oped al'eas no later than 2008 and ensure
effective septic and drain field functioning. See Policies 2.1.1 and 2. 1. 2 for
additional measurability.
Policy 2.1.1
The Village shall cooperate with the County in an atl:eit1pt to complete a-fi nancial
and engineering plan to extend sanitary sewers to as much of the remaining
unsewered areas as is financially feasible and othet'Wise-<l esirable. The intent is to
complete that plan as soon as technically nnd financially-feasible:...but no luter tflfill
1998 and to begin implementation as soon as teclmioally and financially foasi-b-le
ane-wmplete inrf}tCfflentation-+l&-ktter-than-2GGS-:-
Policy 2.1.2
The Village shall ensure effective fw1ctioning of septic tunks-a-11Ei-dH1tn-Hekls-ey
enneting--at1.~fe.Fei ng requirements that septt€-t-an:1Hlfa.in fields be instal lee-¥,;-i#t
highly permeable material back fill and v,ith marl-ere[~~
m&.'!Hfl-'H:lflHH:t-wn-wurd percolati0-fu
163 Objective 2.2 Storm Sewer Infrastructure
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.fJpgfflde-Continue to upgrade the drainage system so that stormwater outfalls into
Biscayne Bay (and adjacent canals) fully meet National Pollution Discharge
Elimination System (NP DES) standards no later than December 31, 1998 and the
standards of Chapter 17-25, FAC and of Chapter 17-302.500, FAC. 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.
Policy 2.2.1 9J 5 .006 (3) (c) 4
The Village shall enforce flood damage prevention regulations which ensure that
new development will occur at topographic elevations sufficient to minimize flood
impact. The Village shall continue to enforce coastal construction regulations.
Policy 2.2.2 9J 5 .006 (3) (c) 4
By the date required by state statute or sooner, 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 pre- development runoff,
erosion control, a minimum percentage of pervious open space, maintenance of
swales, and drainage level of service standards. These requirements shall be
designed to help ensure full compliance with the specific standards set forth in
Objective 1.1 of the Infrastructure Element.
Policy 2.2.3 9J 5.006 (3) (c) 3
~eqtt~FeEl-by state statute or sootWt',--t:heThe Village shall enact and
enforce review and revise as part of the land development code a concurrency
management system~-wffi€fl-ffi eet-s-tfle-rettuirements of 9J 5.0055. 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 Traffic CirculationTrnnsportation, Recreation and Open
Space, and Infrastructure 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:
***
Objective 2.3 Natural Resources 9J 5.006 (3) (b) 4
Ypgffr-de-Continue to upgrade the drainage system so that stormwater outfalls into
Biscayne Bay (and adjacent canals) fully meet or exceed National Pollution
Discharge Elimination System (NP DES) standards no later t/wfl-i)eee+n-ber-:3../-;
-1----9-98-and the standards ofChapter 17-25, FAC and of Chapter 17-302.500, FAC.
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Upgrade onsite 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
that before development.
Policy 2.3.1 9J 5.006 (3) (c) 4
B ased upon the capital cost im plications of the Village of Key Biscayne Drainage
M aster Plan , the V illage shall activate the storm w ater utility as sessm ent, as a basis
for bonding fo r-the first phas e of im plem entat ion no later than &eeem:oor+l,-1-99&-:
T he V ill age shall update its D ra inage M aster Plan as necessary to ensure the
contin ued effi cacy of its pro visions to upgrade the storm sew er system in
accordance w ith the specific standards of Objective 1.1 of the Infrastructure
Elem ent.
Policy 2.3.2
By the dat e reEft!tt'€El--ey--state sta tu te or sooner, the The Village shall Cfl&et--review ,
revise, and enfo rce land developm ent code pro visions that require one inch of on- ·
site dra inage detention, post developm ent ru noff equal to or less than pre
developm ent ru noff, ero sion contro l, a m inim um percentage of pervious open
space, m aintenance of sw ales, dra inage level-of-service standards, ocean beach
du ne pro tection and vegetation, and other enviro nm entally sensitive land protection
m easur es. T hese requirem ents shall be designed to help ensure fu ll com pliance with
the specifi c standards set fo rth in Objective 2.3 above. Such pro visions shall be
consistent w ith this plan and w ith the applicable Florida statutory and
adm inistra tive code requirem ents. They shall also be consistent with applicable
standards pro m ulgated by the South Florida W ater M anagem ent D istrict, the South
Florida R egional Plann ing Coun cil, the M iam i-D ade County Departm ent of
Enviro nm ental R esour ce M anagem ent, the Florida Departm ent of Environm ental
Pro tection, and/or other agencies w ith relevant jurisdiction and/or inform ation.
Objective 2.4 Hurricane Evacuation
Eliminate or reduce land uses which are inconsistent with applicable inlerageney
ha=twd mi-1-igafien-ffJffll"f-Florida Natural Hazards Interagencv Work Group
Annual Report recommendations and enhance the efforts ofthe Mfflf>-Mia,ni-Dade
Office of Emergency Management by providing it with all relevant information.
Policy 2.4.1
T he V ill age shall regulate all fu ture developm ent within its jur isdiction in
accordan ce w ith the Future Land U se M ap w hich is consistent with the Interageney
H~gation T eam Report, FEMA 955 DR FL, August 1992 F'lorida Natural
Hazards Jnteragencv Work Group Annual Report. The Village shall periodically
review and revise the Future Land Use M ap in light of fu tur e interagency hazard
~reports in order to reduce or elim inate uses which are inconsistent
therew ith.
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Policy 2.4.2
The Village M anager or designee shall annually assess the Village's existing and
perm itted population densities to determ ine if changes are significant enough to
transm it such data to the ·Metro M iam i-Dade Offi ce of Em ergency Man agement to
assist in their hurricane evacuation plann ing.
Objective 2.5
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Objective 2.7
Drainage and Sewer System Land Needs
Ensure the availability of suitable land for drainage and sanitary sewer system
facilities needed to support planned infrastructure improvements. See Policies for
measurab il ity.
Policy 2.5.l
By-t oo -da te required by state statute or sooner, the The Village shall review and
revise land developm ent code pro visions for sewer lift stations, storm water lift
stations and collection/infiltration m echanism s and oth er utility lan d requirements.
Policy 2.5.2
The Vill age shall not vacate any road rights-of-way without first obtaining an
engineering opinion determ ining that the vacated right-of-way is not necessary to
accom m odate fu tur e storm an d/or sanitary sewer facilities, all of which are
expected to be needed in the futu re can be accom m odated in such rights-of-way.
277 Objective 2.6 Historic Preservation
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279 No later than-J-99.9, 2025 prepare list of potentially significant historic structures
280 and a strategy for their preservation including all properties eligible for
281 designation on the National Register o(J-lisloric Places.
Policy 2.6.1
9.J-§.006 (3) (b) 8
Based upon historical accounts of early developm ent in the Village, the Council
shall. no later than 2025,~iclentifv those properties that are at least 50
years old stftletttt'eS that due to age, architecture and function are candidates for
historic designation and pro tection. Based upon the inventory of properties. the
Village will also consider which buildings. if any. mav be eligible for designation
on the National Register of Historic Places. A strategy for the preservation of some
or all of these stru ctures shall be drafted.
Biscayne Bay Preservation 9-J-§.~-006 (3) (b) 6
Assist Al/e+ro-Miami-Dade County's efforts to preserve and enhance the State
designated Biscayne Bay Aquatic Preserve.
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298 Through a combination of (a) implementation of a master drainage plan, (b)
299 replacement of septic tanks with sanitary sewers, ( c) land development code
30 0 provisions for on-site stormwater detention and marina pump-out facilities, and
30 1 (d) coordination with the Biscayne Bay Shoreline Development Review
302 Committee, the Village will attempt to maintain and improve the water quality of
303 Biscayne Bay.
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305 ~J.§.;.()%.-f.AG-t,equirements and related policies are not applicable to Key
306 Biscayne:
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• 915. 006(3 )(b)7 l:lfbat1 sprav<'I
• 9J5.006(3)(e)6--\•Vel -l.fields
----.-All archacologieal and standing-structure sites identified in the Florida site file as--b ei-fl.g
+eeated-et1-Key-Btseay-ne are NOT in the-¥-i-llnge of Key Biscayne, but rather i:ft--.t.he
unincorporated porti:ena-ef-Oade County located on th-e----:1-s-laftEl-e-~
structures are: l) ti:le--North Base Marker at the K~e-Ge-~rse and 2) the
Cape Flol'ida Lighthouse in Bill Baggs Park .-:.t the tjp of the Island of Key Biscayne:
The-si ws are: I) the Bear Cut Preserve, 2) Cape Florida, 3) Fort Bankhead and 11) the
hight keeper's house foundation. The Florida Depart1t1ettt-ef-&tate,Q-i-vision of
Historical Resources has indicated that there is an archaeological site-BR-I¼lgewoed
Read in incorporated Key Bicnyne. The DHR ~ which this site is identified is
stamped "Confidential: DO NOT DISTRIBUTE OF PUBLISH." Such a map is not
suitable grounds for public policy decisions.
***
Objective 2.8 Water Supply
Assist the Miami-Dade Co11ntv Water and Sewer Department in ensuring there is
sufiicient water supply for existing and new development in the Village.
Policy 2.8.1
330 The Village, through the land development regulations, will coordinate land uses
331 and future land use amendments with the availability of water supplies and water
332 supply facilities.
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334 GOAL 3 IMPLEMENT GREENHOUSE GAS REDUCTION
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336 Objective 3.1 Reduce energy use and greenhouse gas production
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338 The Village shall consider changes to the /i1ture land use plan based upon energy
339 e(Ji.cient land use patterns. while providing [hr existing and fi1ture energv electric
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power generation and transrnission systems.
Policy 3.1.1
The Village shall ensure that its Master Plan and development regulation do not
prevent the construction of electric substations within the Village.
Policy 3.1.2
The Village's land development regulations shall allow for use of alternate,
renewable sources of energy including the use of solar panels.
Policy 3.1.3
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 3.1.4
The Village shall permit a variety of housing opportunities in varying price ranges.
Policy 3.1.5
The Village shall continue to allow home based businesses to the extent that
impacts are compatible with the residential communitv.
Policy 3.1.6
The Village shall support mixed use development to encomage reduced vehicle
t!Silge.
Policy 3.1.7
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374 The Village shall maintain its network of bicycle lanes and pedestrian facilities
3 75 with specific consideration of connectivity to schools and public facilities.
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3 77 Policy 3.1.8
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379 The Village shall ensure that new development and redevelopment provides for
380 pedestrian. bicycle. and automobile connectivity to adjacent rights-of-ways.
381 adjacent development and the public transportation svstem.
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383 Objective 3.2 Implement greenhouse gas reduction strategies
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385 The Village shall provide for policies within the land development regulations and
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Master Plan which are designed to reduce energy use and the creation o(
greenhouse gases.
Policy 3.2.1
The Village shall, to the extent financially feasible. educate residents on home
energy reduction strategies.
Policy 3.2.3
The Village shall continue to reduce the heat island effect by maintaining its i:rreen
infrastructure through maintenance of its tree canopy, parks. open spaces.
wetland mitigation areas, landscaped medians. and scenic vistas.
Policy 3.2.4
The Village shall continue to require open space and pervious surface areas in
development and redevelopment.
Policy 3.2.5
By December 2025, 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.
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II. '.f.RAF-F-l-G-GI-R£-UbA--T-I-Q-N TRA NSPORTATION ELEMENT
GOAL I TO PROVIDE A TRANSPORTATION SYSTEM THAT MEETS THE
CIRClJLA TION NEEDS OF KE Y BI SCAYNE IN A SAFE AND EFFICIENT
MANNER BUT DOES NOT ADVERSELY IMPACT THE QUALITY OF
LIFE OF THE RESIDENTS.
Objective 1.1 Motorized Transportation System ~07 (3) (bt-1·
Maintain the designated level of service but with enhanced pedestrian safety and
amenities.
Policy 1.1.1 9J 5.007(3)(c)l
The Village shall regulate the timing of development to maintain at least the
following peak hour Level of Service standards:
• Arterials - "&. LOS D." Crandon Boulevard is the only arterial in the
Village.
• Collectors - "LOS B." Harbor Drive and West Mashta Drive are collectors.
• Local Service Streets - "LOS A." All other streets are local service streets.
Crandon Boulevard is projected to be at Level of Service :e-Q_or better south of
Harbor Drive (Table II-4, Traffic Circulation Element Data and Analysis), although
the Level of Service could potentially fall slightly below-E-D 11011h of Harbor Drive
near the north Village limits. The amount by which traffic on Crandon north of
Harbor is projected to exceed Level of Service-E-Q_is six tenths of one percent
(0.006). Barton-Aschman Associates, Inc., traffic engineering consultants for this
plan, believe that this amount of traffic (18 trips more than the 3.110 trip capacity),
is not significant because it is far less than the margin of projection error. The
Village prefers to utilize the e-D Level of Service standard based on the expectation
that future volumes could be lower than projected volumes. If future volumes are
equal to projected volumes, then the Village would have to lower the Level-of
Service standard on Crandon Boulevard north of Harbor Drive to 100.6 percent of
£-...Q__capacity.
Policy 1.1.2 9J 5.007 (3) (c) 3
By the cta-tce-reqtttre<:l-by state statute Ol'-S€H:mef;--4heThe Village shall enact and
enfuree-review and revise land development code standards ~>BeS S
to control roadway access points, on-site traffic flow and on-site parking. The land
development code will-requires the use of joint access drives for adjacent uses. It
will-also sets minimum design standards for:
• the spacing and design of driveway curb cuts;
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• the size of ingress and egress lanes for major land uses;
• the spacing and design of median openings; and
• the provision of service roads.
State highway access management standards will be considered in developing
roadway access point controls, although they are not mandatory since there are no
state highways in the Village. The access management controls will be tailored
to achieve the ends set forth in Objective 1.4. On-site traffic flow and on-site
parking standards will be designed to encourage high levels of pedestrian and
bicycle use, including requiring bike racks under certain conditions.
Policy 1.1.3 9J 5.007 (3-)-fbt-aoo-(e-)
By 2025 or sooner. Sstreet improvements shall be designed and implemented for
the collectors (Harbor Drive and Mashta) identified in Policy 1.1.1 and elsewhere
in this plan. The intersection at Crandon and Harbor shall be channelized. Speed
control methods that will require traffic to stop on a regular basis (such as four-way
stop signs) should be avoided, since these will work against what the Collector
street is mean to do. Instead strategies such as medians, pavement reduction, or the
provision of shrubbery and trees close to the roadway will serve as deterrents to
speeding on Collector roads.
Objective 1.2 Land Use Plan Implications 9J 5.007 (3) (b) 2
Limit commercial development and redevelopment to arterial road.frontage (plus
the Harbor Drive Collector .frontage between Crandon Boulevard and Fernwood
Road).
Policy 1.2.1
Other than ocean resort hotels, the Future Land Use and zoning maps shall be used
to limit new commercial and office development or redevelopment to arterial
frontage (Crandon Boulevard) and the related Harbor Drive (Collector) frontage
east of Femwood Road.
Policv 1.2.2
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 1.2.3
The Village shall coordinate its Future Land Use Map with its Future
Transportation Map.
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504
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518
519
520
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522
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530
531
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533
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536
537
Objective 1.3
Objective 1.4
Regional Plans 9J 5.007 (3) (b) 3
Work with the County to limit traffic volume increases on the Rickenbacker
Causeway.
Policy 1.3.1
The Village shall work closely with the M-etffi-Miami-Dade County Planning
Department and the ~ehtatt-Transportation Planning Organization (TPO) to
limit the intensity of development along the Causeway and Crandon Boulevard in
order to maintain an adequate traffic level of service.
Policv 1.3.2
In 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 oflnterstate 95 and U.S. 1 as well as the
Rickenbacker Causeway toll plaza to inform motorist if Bill Baggs Park is at
capacity accepting additional visitors.
Right-of-Way Protection 9J 5.007 (3) (b) 4
Protect existing and future rights-of wayfrom 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 Traffic Circulation
Plan, and achieve a 10 percent net reduction in the lineal footage of Crandon
Boulevard (plus one block of Harbor Drive) curb cuts no later them 200:I and
otherwise protect the integrity of existing and proposed rights of way.
Policy 1.4.1 9J 5.007 (3) (c) 4
The Village shall use the land development code to protect existing rights
of-way through setback requirements which prohibit right-of-way encroachments
of any kind.
Policy 1.4.2
Use Land Development Code standards and Land Development Code review
process to reduce number and widtb of existing. curb cuts on Crandon and Harbor
by 10%.
***
Policy 1.4.2 91 5.007 (3) (c) 2
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541
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543
544
As site plans are submitted, the Village shall use the standards in the land
development code and the land development code development review process to
reduce the number and width of existing non-residential curb cuts onto Crandon
Boulevard and Harbor Drive by the amount stated in Objective 1.4; this policy is
not to be implemented in a way which would preclude adequate accessways for
the development of vacant land.
545 Objective 1.5 Bikeways and Pedestrian Ways
546
54 7 Aehieve the .firs-I-phase 0:lt1 l-!arbe-~e-J\l.fainfain the pedestrian and bikeway
548 system no later than 2004 based upon fl s.'reetscape and multi modal eircul0tifm
549 plan-for Crandon Boulevard. Harbor Drive, Fernwood Road, West Wood Drive
550 and West Mashta Drive.
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
Policy 1.5.1 9J 5.007 (3) (c) 5
Ne-lak.~1 1999, the The Village shall eemp lete a detailed-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;--Wes-t-Wood Drive the Village shall also be
mcluded in this implement speed control planning and implementation traffic
calming mechanisms.
J¼li ey-l.t-,'S~.2----------------'+9Jc1-5 -+-,Ht00+-+7-+-(3+-t)-+<(Cr.-+)5
No later than 2004, achieve the first phase implemet1 tation of t~an on I-forbOf
tm-Ve-:
Objective 1.6 Reduction of Greenhouse Gases
The Village shall explore tramportation strategies lo implement reductions in
greenhouse gas emissions created bv the transporlation sector.
Policy 1.6.1
The Village shall explore and develop programs to encourage non-motorized and
golf cart transportation by continued improvements and enhancements to its
pedestrian. bikeway. and golf cart systems.
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588
589
Policy 1.6.2
To the extent financiallv feasible. the Village shall educate residents on the cost
and environmental effects of automobile idling.
Policy 1.6.3
The Village shall continue to maintain a policy of permitting golf carts on
designated local roadways to provide an energy efficient alternative means of
transportation for Village residents.
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592
593
594
595
596
597
598
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601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
GOALl
III. HOUSING ELEMENT
TO ASSURE THE AVAILABILITY OF A SOUND AND DIVERSIFIED
HOUSING STOCK IN KEY BISCAYNE.
Objective 1.1 New Construction 9.T 5.0lO (3) (b) 1
Cooperate with the private sector in the construction of fff---tefls+-JM) addilionttl
residential units on the vacant residentially· designated O·and-on Boulevard.-/fflnl-£tge
by-2-()(N; said units shall he that are well designed h-u+-and that provide diversified
housing types.
Poliey 1.1.1
+he-V+~re Land Use Plan and 2oning-m-a-!}-designations shall Ceflltffiie-te
provide for a diversity of housing types on the remaining vacant land-ffi-ffieet-H-le
needs of the existing and anticipated p~iofh
Policy 1.141. 91 5.010 (3) (c) 2
The Village shall periodically review its permitting process and the regulatory
process established by the land development code thereby assuring a prompt and
professional development permitting process.
Objective 1.2 Group Homes 91 5.010 (3) (b) 4
Accommodate as many small group homes andfoster care facilities as the market
will support in residential areas and areas with residential character.
Policy 1.2.1 91 5.010 (3) (c) 6
617
618 By-the date required by state statute or soenef,--tfle--The Village shall enact and
619 continue to enforce land development code regulations which permit l+R:S-State-
620 licensed group homes, including foster care facilities. Such regulations shall permit
621 small scale group homes and foster care facilities in residential areas and areas with
622 residential character and shall otherwise be designed to meet State law. Prior to
623 enactment of such regulations, the Village shall interpret and enforce applicable
624 existing regulations in a manner which is fully consistent with State law and
625 administrative code requirements pertaining to group homes. The Village shall
626 encourage l=IR-8-State-to consider the hurricane evacuation constraints in their
627 licensing of facilities on the Key.
628
629 Objective 1.3 Conservation, Rehabilitation, Demolition, Substandard Housing Structural
630 and Aesthetic Improvement of Housing 91 5.010 (3) (b) 5
631
632 Maintain a structurally sound housing stock by rehabilitating or demolishing
17
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635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
housing units that may deteriorate to a substandard condition in the future.
Achievement of this objective shall be measured by the existence of no substandard
housing units.
Policy 1.3.1 9J 5.010 (3) (c) 3 and 4
The Village Manager or designee shall enforce the County minimum housing
standards code or an appropriate modification enacted by the Village Council.
Policy 1.3.2 91 5.0 l O (3) (c) 3
Through land development code setback/bulk standards and through
implementation of the -~Village's drainage master plan (including on-site
retention standards) the Village shall assure the continuation of stable residential
neighborhoods.
Objective 1.4 Housing Coordination and Implementation 9J 5.010 (3) (b) 7
The Local Planning Agency (LPA) shall .'fffve-~bed_,,"tH0--efJ offmwte and ochiew!
lww;.ing-pe-lk.,y-i-m:pl-eme+1f€tl-i:0n-define and seek opportunities to promote aff(mlable
housing o[QJ.JJpe and within a price range consistent with the local Key Biscavne
market and ,:eneral market conditions.
Policy 1.4.1 91 5.010 (3) (c) l
The Village shall maintain formal communications with appropriate private and
non-profit housing agencies to assure that adequate information on Village housing
policies flows to housing providers. This list shall include Homes for South Florida,
the Board of Realtors and the Home Builders Association.
Policy 1.4.2 91 5.010 (3) (c) 7
The Village shall fully cooperate with any developer using County-S-m'ta-x--Rmtfo,-t-~e
Getl:A:ty-Housing ~ or other subsidy mechanisms.
Policy 1.4.3
The Village shall explore federal, state, and local housing subsidy programs as a
means to provide housing opportunities for very low. low, m1d moderate-income
persons and families.
Policv 1.4.4
The Village shall monitor current and future housing needs and explore innovative
solutions to increase the affordabilitv and diversity of housing stock while
maintaining compliance with Coastal High Hazard Area and Floodplain regulations.
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681
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683
684
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686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
Policy 1.4.5
The Village shall explore potential land development regulations to provide for the
improvement of energv efficiency in new housing and in the redevelopment of
existing housing.
Objective 1.5 Historically Significant Housing
Identify ~1--ene-historically significant residential structure
properlies wilhin the Village.
Policy 1.5.1 91 5.010 (3) (c) 3
Based upon historical accounts of early development in the Village, by 2025 the
Council shatl-should designate those structures that due to age, architecture and
function are candidates for historic designation and protection. A strategy for the
preservation of some or all of these structures shall be drafted. The Village should
identify all properties that are at least 50 vears old. Based upon the inventory of
properties, the Village may consider the designation of a local historic district. In
addition. the Village will also consider which buildings, if any. may be eligible for
designation on the National Register of Historic Places.
Objective 1.6 Development of Affordable Housing in Nearby Communities
Prov ide-List adequate sites for the distribution of very low income, low income and
moderate-income families.
Policy 1.6.1 9J 5.010 (3) (b) 3
The Village manager or designee shall monitor the housing and related activities of
the South Florida Regional Planning Council and nearby local jurisdictions. The
Village manager or designee shall inform the Village Council of these activities and
shall recommend, as appropriate, Village actions that could help encourage the
provision of adequate sites for the distribution of very low income, low income and
moderate-income families in nearby communities with land values that can
reasonably accommodate such housing. The Village shall encourage jurisdictions
and non-governmental agencies to facilitate the provision of affordable housing.
Policy 1.6.2
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 1.6.3
19
719
72 0 T h e V ill a g e sh a ll p a rtic ip a te in th e S o u th F lo rid a R e g io n a l P la n n in g C o u n ci l's
721 initiatives directed toward educating local governments of new techniques,
722 especially programs applicable to the region and county, for promoting affordable
723 housing.
724
725 Policy 1.6.4
726
727 The Village shall evaluate the feasibility of establishing an affordable housing trust
728 fund in partnership with Miami- Dade County or the Citv of Miami through
729 interlocal agreements. to fund affordable housing programs and projects in Miami-
730 Dade Countv and/or the City of Miami.
731
732 Policy 1..6.5
733
734 Through the Village's affordable housing initiatives. and th.rough intergovernmental
735 coordination with Miami-Dade County and/or the City of Mi:m1i through interlocal
736 agreements, the Village shall establish standards to improve energy efficiency of
73 7 housing provided throwzh affordable housing programs.
738 Objective 1.7 Structural and Aesthetic Improvement of Existing Housing
739
740 Achieve and maintain 100 percent standard housing and achieve private
741 reinvestment to structurally and aesthetically upgrade at least 50 existing housing
742 units.
743 Policy 1.7.1
744
745 The Village shall vigorously enforce the existing code to ensure that no housing
746 structures become substandard.
747 Policy 1.7.2
748
749 By--t:he-tl-ate-req1:tt-reM}Y-8tate statute or soonef,the--The Village shall enaet or enforce
750 land development code regulations which set appropriate building height, set back
751 and other regulations which facilitate aesthetically pleasing upgrades to the existing
752 housing stock.
753
754 Note: The---fello1.ving 9.l 5.0 IO FAG--oo,iectives and related policles ar~te-Key
755 Biseay ne as expta+A:e cl--itt--t-ae--9 atu and Analysis:
756
757
758
759
760
761
762
• Object-i-ve--9J-§.-O J.Gf-B H(bH)H-6------rel-oo atcie-n--hetts-i·ttg-i-ncl uding Po I icy
9J 5.010 (3)(c) S
......Objective 9J--Wl-9{3-1fl:8 I references to rnrnl/farm--wetk-ei:s
~~ 0 (3) (c) 5
20
7 6 3 Objective l.8 Coordination with Future Land Use Element
764
765 Evaluate the Future Land Use Element and Future Land Use Map and, as feasible.
766 update the Village's land use designations and zoning districts in order to promote
767 the development of'a[lordable housing within the Village.
768
769 Policy 1.8.1
770
771 The Village shall coordinate its future land use planning to ensure that land
772 designations and zoning districts foster diverse housing types to serve the needs of
773 the Village's population by providing adequate areas for a variety of residential
774 housing types including single-family, duplex, and multi-family tmits.
775
776 Objective 1.9 Greenhouse Gas Reduction
777
778 Support energv use and greenhouse gas reduction in conizmction with the existing
779 and new housing stock.
780
781 Policy 1.9.1
782
783 The Village's land development regulations shall allow for the use of alternative.
784 renewable sources of energy including the use of solar panels. The ViUage shall not
785 prohibit the appropriate placement of photovoltaic panels. The Village shall develop
786 and adopt review criteria to establish the standards for the appropriate placement of
787 photovoltaic panels.
788
789 Policy 1.9.2
790
791 The Village. to the extent financiallv feasible, shall educate residents on home
792 energv reduction strategies.
793
794 Policy 1.9.3
795
796 The Village shall encourage the placement of landscape materials to reduce energy
797 consumption.
798
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799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
GOAL!
Objective 1.1
IV. INFRASTRUCTURE ELEMENT
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.
Current Deficiencies and Future Needs; Drainage
The Village shall continue to Yypgrade the drainage system so that stormwater
outfalls into Biscayne Bay (and adjacent canals) fully meet National Pollution
Discharge Elimination System (NP DES) standards no later them December 3l, J998
and the standards of Chapter 17-25, FAC and of Chapter 17-302.500, FAC. The
Village shall continue to .Y.ypgrade onsite drainage standards to ensure that private
properties retain at least thefirst one inch ofstormwater on site and permit no more
runoffafter development than before development.
Policy 1.1.1
B-as eEl-1:ii30ttthe-e-at}i{a-l-eost imp! ieat-ie-A-s-ef-tl-1e-¥ilklge-ef-Ke-y-B-i-seayne-9Fa+fla1,>e
Master Plan, the The Village shall activate maintain the stormwater utility
assessment as a basis for bonding for the first phase of drainage plan implementation
no later thl)fl-t)e een-1ber 31, 1998. The Village shall continue to update its Drainage
Master Plan as necessary to ensure the continued efficacy of its provisions to
upgrade the storm sewer system in accordance with the specific standards of
Objective 1.1 above.
Policy 1.1.2
91 5.011 (2)(b) 1
9J 5.011 (2)(c) 1
91 5 . 0 11 (2)(c) 1
During the first phase of drainage master plan implementation-fte-ee-ittitiated in
+-9-94J, 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 series of catch basins, manholes and pipes for the collection
of the storm water and routing to pollution control structures and drainage wells with
emergency overflows. The pollution control devisces (grease and oil separatorj-ere
i~ to be provided before each drainage well to prevent contamination from entering.
Emergency overflow structures are to be constructed at the existing 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 1.1.3 91 5.011 (2)(c) 1
By the date required by state statute or sooner, the Village shall enact and enforce
land development code provisions that require one inch of on-site detention, post
development runoff equal to or less than peak pre-development runoff, erosion
control, a minimum percentage of pervious open space, maintenance of swales and
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844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
the drainage level of service standard. These requirements shall be designed to help
ensure full compliance with the specific standards set forth in Objective l. l above.
Objective 1.2 Current Deficiencies and Future Needs; Sewage 9J 5.011 (2)(b) 2
C oordina fe w ith Mi a m i-D ade C o untv and appropriate agencies to maintain Extend
public sanitary sewer service 1.0 additional de velop ed areas no kt ter-fh€t n-J l}(.)8-and
ensure effective septic and drain .field functioning. See Policies 1. 2. 1-end-~for
add itio nal m ea surability.
Policy 1.2.1 9J 5.0l 1(2)(c) 1
The Village shall cooperate with the County in an attempt to complete a financial
and engineering plan to extend sanitary sewers to as much of the remaining
unsewered areas as is financially feasible and otherwise desirable. The intent is to
complete that plan as soon as technically and financially feasible but no later than
1998 and to begin implementation as soon as technically and financially feasible and
complete implementation no later than 2008.
Policy 1.2.2 91 5.011(2)(c)l
The Village shall help ensure effective functioning of septic tanks and drain fields
by cooperating with HRS-the State and WRM---the Countv in the exercise of the
jurisdiction of those agencies over septic tank and drain field permitting and
requirements.
865 Objective l.3 Future Needs; Solid Waste 9J 5.011(2)(bp
866
867
868
869
870
871
872
873
874
875
876
877
Continue to A a chieve the most cost-effective solid waste collection sy st em by 1999.
Policy 1.3. l 9J 5.011(2)(c)l
Ne-later than 1996, the-The Village shall assess the cost effectiveness of replacing
the County collection system with a system operated by one or more private
contractors subject to Village-established operating specifications. Village control
could be maintained through franchise agreements or other regulatory approaches.
Policy 1.3.2 9J 5.011(2)(c)I
N&--1-arer- than 1999, the-The Village will-shall monitor the cost efficiency of solid
waste collection svstems and initiate any resulting recommended changes in the solid
waste collection system, including the recycling component.
878 Objective J .4 Level of Service
879
880 Provide adequate capacities to meet the Level of Service (LOS) standards; see
881 po lic iesfor measurable sta ndards.
882 Policy 1.4.1 9J 5.01 l (2) (c) 2a
23
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
92 0
921
92 2
923
92 4
Sewered Areas: The County-wide "maximum day flow11<1) of the preceding year shall
not exceed 98 percent of the County treatment system's rated capacity. The sewage
generation standard shall be 140 average gallons per capita per day.
Policy 1.4 .2 9J 5. 0 I l (2) (e) 2a
YM ewe1:e<:I A reas: The LOS shall be receipt of a Met ro Dade County Department of
E-tw-H'eft m entnl Resources M anagenrnnt septic tank permit.
Policy 1.4.JJ 9J 5.011 (2)(c) 2d
Potable Water: The County-wide "maximum day flow" of the preceding year shall
not exceed 98 percent of the County treatment and storage system's rated capacity.
The pressure shall be at least 20 pounds per square inch at the property line. The
potable water consumption standard shall be 280 average gallons per capita per day.
J!e.liey 1.4.4 9J 5.011 (2)(c) 2c
D ra inage: Al-1----He nresidentinl devel-epment and redevelopment shall adequHtely
~'-0ffi¼t1B date runoff to m eet all Federa l, state an4--1B ct1I requirements. 8tormw ate-r
shall be treated in accordance with the pro visions of Chapter 17 25, f/AC in order to
m eet receiving w-atet-S ta-Ae ards in Cltapre r 17 302.50~1-e-f-ft lfle.ff .. shaH
l:le-f eta-i-Aee-BH-s-i-te-:--~k'kwc lopment-fttJ-W•+f:.shat1-1IBt-eM.>-eet l-peak-pre developmeA-~
ru noff.
Policy 1.4.SJ. ~11 (2) (c) 2b
Solid Waste: The County solid waste disposal system shall maintain a minimum of
five years capacity. For Village planning purposes, a generation rate of 5.2 pounds
per person per calendar day shall be used.
Objective 1.5 Water Conservation 9.l 5.011 (2) (b) 4
Reduce Continue to strive lo reduce the average daily per capita water consumption
byfive percenl-HfH-ttfert-hmH+J.fJ4-(dependent upon the near-term ability to measure
Village-wide consumption).
Policy 1.5.1 9J 5.011 (2)(c) 3
By the date required by state statute or sooner, the Village shall enact and enforce
land development code and other regulations that include: 1) water conservation
based irrigation requirements; 2) water conservation-based plant species
requirements derived from the South Florida Water Management District's list of
native species and other appropriate sources; 3) lawn watering restrictions; 4)
mandatory use of ultra-low volume water saving devices for substantial
24
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926
927
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
rehabilitation and new construction; and 5) other water conservation measures, as
feasible.
Policy 1.5.2 9J 5.011 (2) (c) 3
The Village shall promote education programs for residential, commercial and other
uses which will discourage waste and conserve potable water.
Policy 1.5.3
The Village will cooperate with WA8A Miami-Dade County in an effort to devise
a means of tracking water consumption in the Village from customer billings or
other sources.
Policy 1.5.4 9-H.0l l (2) (c) 3
The Village shall cooperate with W ASA efforts to ensure that the potable water
distribution system shall reduce water loss to less than 16 percent of the water
entering the system.
No te: 1. The following 9J 5.011 FAG objectives and relatee--peti cies are not~
Biscayne:
• Objective 9J 5.01 I (2) (b) 3
• Objective 9J 5.01 I (2) (b) 5
urban sprawl
groundwater recha-Fgelaatu-fa-l
drainage features; ine-looes
Policy 9J 5.011 (2) (c) 4
2. There are no potable water system deficiencies or future need issues vvithin the
Village.
Policy 1.5.5
The Village shall update the Master Plan within 18 months of the South Florida
Regional Water Management District updating its regional water supply plan.
highlighting alternative water supply projects, and completing the required «work
Plan Amendment''.
Policy 1.5.6
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 proiects. including the current and projected demand.
remaining permitted water withdrawals. facility capacity, and scheduled capital
improvement projects.
25
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
Policy l.5.7
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 communitv,
Policy 1.5.8
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 1.5.9
The Village shall protect water qualitv in traditional and new alternative water
supply sources.
Policy 1.5.10
The Village shall establish a concurrency monitoring svstem for water supply to
ensure that the level-of-service is satisfied at the building permit stage.
26
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
GOALl
Objective 1. t
Objective 1.2
CONSERVATION AND COASTAL MANAGEMENT ELEMENT
TO PRESERVE AND ENHANCE THE SIGNIFICANT NATURAL
FEATURES IN KEY BISCAYNE.
Air Quality 9J 5.013 (2) (b) l
Improve air quality to achieve or maintain applicable standards as established by
the US Environmental Protection Agency.
Policy 1.1.1
The Village shall maintain compliance with its traffic level of service standard
thereby avoiding congestion that would adversely impact air quality.
Policy 1.1.2 9J 5.013 (2) (b) l
Emissions of fumes and vapors from all hazardous waste facilities shall be
controlled, and these facilities shall comply with Lowest Achievable Emission
Rates. Vapor control systems shall be required to reduce hydrocarbon emissions
from vehicles being filled at gas stations.
Water Pollution 9J 5.012 (3) (b) 2 and 9J 5.013 (2) (b) 2
Continue to .ff.upgrade the drainage system so that stormwater outfalls into Biscayne
Bay (and adjacent canals) fully meet National Pollution Discharge Elimination
System (NPDES) standards no later than December 31, 1998 and the standards of
Chapter 17-25, FAC and of Chapter 17-302,500, FAC Upgrade onsite 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 that before
development.
Policy 1.2.1 9J 5.012 (3) (c) land 2, and 9J 5.013 (2) (c) 1 ane-e
Based upon the capital cost implications of the Village of Key Biscayne Drainage
Master Plan, the Village shall activate the storrnwater utility assessment as a basis
for bonding for the first phase of implementation no later than December 31, 1998.
The Village shall updated its Drainage Master Plan as necessary to ensure the
continued efficacy of its provisions to upgrade the storm sewer system in
accordance with the specific standards of Objective 1.1 of the Infrastructure
Element.
Policy 1.2.2 9.1 5.012 (3) (c) 1 and 2, and 9J 5.013 (2) (c) I aoo--6
By the date required by state statute or sooner, the Village shall enact and enforce
land development code provisions that require one inch of on-site drainage
27
1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
detention, post development rnnoff 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 protection measures. These
requirements shall be designed to help ensure full compliance with the specific
standards set forth in Objective 1.2 above. Such provisions shall be consistent with
this plan and with the applicable Florida statutory and administrative code
requirements, standards promulgated by the South, Florida Water Management
District and the Department of Environm ental Protection.
Policy 1.2.3 9J 5.013 (2)(c) 10
The Village shall refer any development permit applications for uses involving the
storage of hazardous waste to Metro Miam i-Dade County.
1050 Objective 1.3 Vegetative and Soil Resources
1051
1052 Achieve O net loss of mangroves.
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
1065
1066
1067
1068
1069
1070
1071
1072
1073
1074
1075
1076
1077
Policy 1.3.1
9J 5.012 (3) (b) l 9J 5.013 (2) (b) 3
9J 5.012 (3)(c) 1
9J 5.013 (2) (eH·, 5, 6, 7, 8 and 9
By-the elute required by state statute or sooner, the The Village shall enact and
continue to enforce estuarine waterfront protection provisions in the land
development code. The provisions will be drafted to assure that all applicable
development perm it applications are reviewed in the context of the mangrove
protection policies of the State DEP and the waterfront policies of DERM . In
particular, DERM Class 1 Perm its pursuant to Section 24~8. l of the Miami
Dade County Code shall be required for all construction seaward of the mean high:
water line. Such construction shall be designed to minimize environmental impacts
and mitigate unavoidable impacts. This provision shall be interpreted to protect
sensitive lands from sea wall and other related constrnction, but it shall not be
interpreted as perm itting construction seaward of the State Coastal Construction
Control Line in violation of other policies of this Comprehensive Plan.
Policy 1.3.2 9J 5.012 (3) (c) land 2
9J4.0-l 3 (2) (c) 5 afid-6
The Village shall contact DERM if any adverse impact is observed relative to the
limited sea grass beds in adjacent Bay waters.
Objective 1.4 Sea Turtle Preservation 9J 5.012 (3) (b) 1
91 5.013 (2)(b) 4
Strive to achieve O human-induced loss 4 manatees and/or sea turtle eggs.
28
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
1093
1094
1095
1096
1097
1098
1099
11 00
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
1121
11 22
1123
1124
Policy 1.4.1 9J 5.012 (3) (c) 1
9J 5.013 (2) (c) 5 and-6
The Village police shall maintain communications with County and State marine
police in order to report any violations of the boat speed limits in the adjacent waters
which are a manatee protection area. The Dade County Florida Fish and Wildlife
Conservation Commission manatee telephone hotline Wildlife Alert Hotline shall
also be publicized by Village officials.
Policy 1.4.2 9J 5.012 (3) (c) l
9J 5.013 (2) (c) 5 ana--6
Objective 1.5
By the date requi-t'e€i---by state statute or sooner, the-The Village shall enact and
enforce land development provisions which regulate the location and
screening of lights along the beach in a way which is practical to water dependent
and water related uses to assist in protecting sea turtles by minimizing the amount
of light on beach locations where sea turtles may nest.
Floodplains
~s-idenl-ial. ·uses, ctehieve-e<ffl&lrttel-ien-fif~U-new buil-dingjlrst.fl:eet'!i- m or above
F'£1A,1A spec(fledjl-ood elevations. For no,- · · · · · 1-Sfrttction ol
a" 11e·r bui1c1irw firs' 1loors a' 01· ab011c Ti'EM:A--frpec'fied flood e'ev:it·oni; o·· h t.i. r. ,i -n OJ t J r , ., 1. , . i:1 J r t.. 7. • r ,
~h-FEMA-0pproved wa(erproof specifications. The Village shall
amend its floodplain regulations to require all new and/or substanliallv improved
or repaired buildings to be constructed higher than the minimum standards· as set
forth in the Florida Building Code and floodplain regulations in 44 C.F.R .. Part 60.
Policy 1.5.1 93!.-012 (3) (e) 3 and 9J 5.013 (2) (c) 6
The Village shall enforce the flood damage prevention regulations which ensure
that all new residential construction is at or above the flood elevation specified on
the FEMA Flood Insurance Rate Map minimum flood design requirements and
which ensure that all new non-residential construction is either at or above the flee-ti
elevation specified in the FBMA Flood Insw=aRce Rate Map-minimum flood design
requirements or in accordance with FEMA:approved waterproof construction
spee#ications methods. The Village manager shall design and promulga'.:e specific
management techniques to ensure effective enforcement of FEMA regulattt}R&:
Policy 1.5.2
The Village shall amend its floodplain regulations to require all new and/or
substantiallv improved or repaired buildings to be constructed to a minimum
finished floor elevation of 2 feet above the Base Flood Elevation (BFE}.
Policy 1.5.3
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1125
l 126
1127
1128
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
1139
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1141
1142
1143
1144
1145
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1147
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1153
1154
1155
1156
1157
1158
1159
1160
1161
1162
1163
1164
1165
1166
1167
1168
1169
1170
The Village shall amend its floodplain regulations to require a cumulative
calculation of improvement costs over a five-year period when determining whether
improvements result in a substantial improvement to a nonconforming structure
below the required design flood elevation.
Policy 1.5.4
The Village shall evaluate and adopt regulations to require or incentivize site low
impact development techniques and best management practices to reduce losses due
to flooding and resulting insurance claims.
Objective 1.6
Objective 1.7
Policy 1.5.5
The Village shall continue to provide public education on flood protection, best
manage1nent practices and the National Flood Insurance Program via its website,
pamphlets workshops, and other outreach methods.
Emergency W ater Conservation
Achieve a reduction of at least IO percent in per capita water consumption in the
event of a water supply emergency (dependent upon the near-term ability to measure
Village-wide consumption).
Policy 1.6.1
The Village shall enact and enforce an emergency water conservation ordinance
based on both the South Florida Water Management District model ordinance and
any specific SFWM D requirements of the emergency in question.
W ater Supply
***
9J 5.013 (2) (c) 4
Assist the Miami Dade Countv Water and Sewer Department in ensuring there is
sufficient water supply fhr existing and new development in the Village.
Policy 1.7.l
The Village shall coordinate land uses and future land use changes with the
availability of water supplies and water supplv facilities.
.Policv 1.7.2
The Village shall adopt 155 gallons of water per person per day as its level-of
service standard for residential and nonresidential users.
Policy 1.7.3
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1171
1172
117 3
1174
11 7 5
117 6
1177
11 7 8
117 9
1180
118 1
1182
1183
1184
1185
1186
1187
1188
1189
1190
11 91
119 2
1193
119 4
119 5
1196
119 7
119 8
1199
12 00
12 01
1202
12 03
12 04
12 05
1206
1207
12 08
12 09
1210
1211
12 12
1213
12 14
12 15
12 16
1217
The V illage shall continue to im plem ent the same or more stringent water
conservation m easures thro ugh its land development regulations.
Policy l.7.4
The V illage shall conserve potable water resources, including the support of reuse
pro gra m s and potable water conservation strategies and techn iques.
Policy 1.7.5
The V illage shall im plem ent the 10-Year W ater Facilities W ork Plan to ensure that
adequate water supplies and public facilities are available to serve the water supQly
dem ands of the Village's population.
Policy 1. 7 .6
Since the potable water network is an interconn ected, cotmty w ide system, the
V illages' Plai m ing Departm ent shall coopera te with the M iam i-Dade County W ater
and Sew er Departm ent to jointly develop m ethodologies and pro cedures for
biannually updating estim ates of system dem and and capacity and ensure that
su1li cient capacity to serve developm ent exists.
Policy 1.7.7
In the fu tur e there are issues associated with water supply, conservation or reuse.
The V illage shall im m ediately contact the M iam i-D ade County W ater and Sewer
D epai tm ent to address the corresponding issues. In addition, the Village will fo llow
adopted com m uni cation pro tocols with the M iam i-Dade County W ater an d Sewer
D epartm ent to com m unicate and/or prepare an appro priate action plan to address
any relevant issue associated with w ater supply, conservation, or reuse.
Policy 1.7.8
The V illage shall enfo rce M iam i-Dade County's W ater Use Effi ciency Standards
O rdinance, adopted on Februa1y 5, 2008.
Policy 1.7.9
The V illage m ay consider requiring the use of high effi ciencv toilets, showerheads.
fa ucets. cl othes washers, and dishwashers in all new and redeveloped residential
pro jects.
Policy 1.7.10
The V ill age shall encoura ge the use of sub-metering fo r all multi-unit residential
developm ents, incl uding separa te m eters and m onthly records kept of all major
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1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1231
1232
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1234
1235
1236
1237
1238
1239
1240
1241
1242
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1244
1245
1246
1247
1248
1249
1250
1251
1252
1253
1254
1255
1256
1257
1258
1259
1260
1261
1262
1263
water-using functions such as cooling towers and individual buildings, in all new
and redeveloped multifamily residential projects.
Policy 1. 7.11
The Village may encourage the use of Florida Friendly Landscape guidelines and
principles; gutter downspouts. roof run off, 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.
GOAL2 TO CONSERVE AND MANAGE THE ENVIRONMENT AL RESOURCES
AND MAN-MADE USES IN THE COASTAL AREA OF KEY BISCAYNE
Objective 2.1
Objective 2.2
Water-Dependent and Water-Oriented Uses 9J 5.012 (3) (b) 3
Preserve the existing and planned sites for water-dependent uses and water
oriented ocean resort hotel uses; assure that any related marina expansion or
development meets appropriate location standards.
Policy 2.1.1 9J 5.012 (3)-(e--)-8
By the date required by state statute or sooner, the Village shall enact and enforce as
part of the land development code: 1) a zoning district based on the Multifamily
Residential and Ocean Resort Hotel Future Land Use Plan category, and 2) a zoning
district based on the Waterfront Recreation and Open Space land use category.
Plann ed development or other flexible zoning regulations which effectuate vested
property rights and/or fulfill the spirit of Multifamily Residential and Ocean Resort
Hotel and/or the Waterfront Recreation and Open Space land use categories may
serve in lieu of specific zoning districts. The regulations of this district shall be
consistent with the density limits established by the Future Land Use Map of this
plan.
Policy 2.1.2 9J 5.012 (3) (c) 8
Any new marina, marina expansion or similar water-dependent use shall meet the
following criteria:
***
Beaches and Dunes 9J 5.012 (3)(b) 4
Achieve no new major development or redevelopment seaward of the Coastal
Construction Control Line and restore a naturally vegetated dune along the entire
Atlantic Ocean frontage of the Village.
Policy 2.2.1 9J 5.012 (3) (c) l and 3, and 9J.!..o-l-3 (2) (e) 6
32
1264
1265
1266
1267
1268
1269
1270
1271
1272
1273
1274
1275
1276
1277
1278
1279
1280
1281
1282
1283
1284
1285
1286
1287
1288
1289
1290
1291
1292
1293
1294
1295
1296
1297
1298
1299
1300
1301
1302
1303
1304
1305
1306
1307
1308
1309
1310
By the date required by state statute or sooner, the Village shall enact and 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 building 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 2.2.2 9J 5.012 (3) (c) 2
By the date required by state statute or sooner, the Village shall enact and enforce
as part of the land development code dune development and vegetation planting
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 2.2.3 9J 5.012 (3) (c) 2
By 1996, the Village shall evaluate the need for and efficacy of alternate financing
mechanisms to pay for beach renourishment and dune development as a supplement
to achieving beach renourishment and dune development via regulations of
development and redevelopment.
Objective 2.3
Objective 2.4
Beach Public Access 9J 5.012 (3) (b) 9
Achieve one municipal ocean beach access point open to the general public within
the Village no later than 2004.
Policy 2.3.1 9J 5.012 (3) (c) 9
The Village shall enforce an existing agreement with a private property owner
calling for provision of beach access as a condition for development approval. The
accessory so provided shall be open to the general public.
Historic Preservation 9J 5.012 (3) (b) 10
No later than -1-9-9-92015, prepare a list of potentially significant historic structures
and a strategy for their preservation.
Policy 2.4.1 9J 5.012 (3) (c) 10
Based upon historical accounts of early development in the Village, by 2015 the
Council Village shall designate identify those structures that due to age, architecture
and function are ea~eligible for historic designation and protection on the
National Register of Historic Places. A strategy for the preservation of some or all
33
1 3 1 1
1312
1313
1314
1315
1316
1317
1318
1319
1320
1321
1322
13 23
1324
1325
1326
13 27
1328
1329
1330
1331
1332
1333
1334
1335
1336
1337
1338
1339
1340
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1349
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1351
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1353
1354
1355
1356
of these structures shall be drafted.
Objective 2.5
GOAL3
Objective 3.1
Biscayne Bay Preservation
Assist the efforts of },tfetro Miami-Dade County, the Florida Department of
Environmental Protection and the National Park Service to preserve and enhance
the State-designated Biscayne Bay Aquatic Preserve. See Policy 2.5.1 for
measurability.
Policy 2.5.1
Policy 2.5.2
9J 5.012 (3) (c) 13 and 14
The Village shall contribute to the improvement of Biscayne Bay water quality
through a combination of: l) implementation of a master drainage plan, 2)
replacement of septic tanks with sanitary sewers tied into the County system and/or
upgrading of septic tank and drainfield standards, 3) mandating an-site storm water
detention and 4) marina siting standards.
Standards for on-site storm water retention, storm sewers, sanitary sewers, septic
tanks and drain fields are set forth in the Infrastructure Element (Objective 1.1 and
related policies; Objective 1.2 and related policies; and Policy 1.4.4) and are
incorporated in this policy by reference. Marina standards are set forth in Policy
2.1.2 of this Element and are incorporated in this policy by reference.
9J 5.012 (3)(c) 14 and 15
The Village shall contribute to the improvement of Biscayne Bay water quality by
continuing to: 1) have a Village representative periodically consult with the
Biscayne Bay Shoreline Development Review Committee and 2) have relevant bay
front projects reviewed by the Committee. The Village shall cooperate with the
regulatory functions of the Florida Department of Environmental Protection and the
National Park Service.
TO MINIMIZE HUMAN AND PROPERTY LOSS DUE TO HURRICANES
Coastal High-Hazard Area Land Use
and Infrastructure
Limit Village funds on infrastructure within the Village ( all of which is within the
coastal high-hazard area) that would have the effect of directly subsidizing
development which is significantly more intensive than authorized by this Plan.
Policy 3.1.1 9J 5.012 (3) (c) 7
The Village shall limit its funding of public infrastructure expansion if such funding
and such expansion would have the effect of directly subsidizing a specific private
development in the Village.
34
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1360
1361
1362
1363
1364
1365
1366
1367
1368
1369
1370
1371
1372
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1375
1376
1377
1378
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1380
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1385
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1396
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1400
1401
1402
1403
1404
Policy 3.1 .2 9J 5.012 (3) (c) 12
Objective 3 .1 and Policy 3 .1.1 above shall not be implemented in such a way as to
preclude the Village's plans to extend sewer lines, improve drainage facilities or
reconfigure streets in order to provide adequate infrastructure to serve the Future
Land Use Plan development pattern or development for which rights were vested
prior to enactment of this Plan.
Objective 3.2
Objective 3.3
Hurricane Evacuation 9J 5.012 (3) (b) 7
Maintain the current estimated l l-hour out-of-countv hurricane evacuation
clearance time or an evacuation time o( 12 hours to a shelter. ~
~re 1-4..,.,.icane 1ln6lrew 731, .. ming and~,os' Flt'"l':ea--.a-,1,_.,i ..... l' e"eer~ T7T7TTr"J7 l .I t, I • i r · rt,: II . t' I l I, t ,-,~-7•J"rftt1"'e1 .. i.j i:~-nvv--;-
Policy 3.2.1
Post-Disaster Redevelopment
By-J-9..942015. adopt a post-disaster redevelopment plan.
Policy 3.3.1
9J 5.012 (3) (c) 4
The Village shall maintain its traffic level of service which in turn is based upon the
Future Land Use map, thereby achieving a reasonable hurricane evacuation time.
Policy 3.2.2 9J 5.012 (3) (c) 4
By I 995, the-The Village shall prepare a update its hurricane emergency plan; based
upon the experience of Hurri€ane Andrev~1; the plan shall be in concert with the 1991
~ Emergency Operations Plan and the 1991 U.8. Corps ofEngiRee-F..r hurricane
evacuation study, ana-any revisions therero-. the plan shall be consistent with the
cunent Miami Dade County Emergency Operations Plan and the most current
hurricane evacuation study.
9J 5.012 (3) (b) 8
9.T 5.012 (3) (c) 5
By -+1)!)-62015, based upon the 1992 1993 Hln~staff review of post
disaster assessment, clean-up and housing repair experience, the Village shall
prepare a post-disaster redevelopment plan in consultation with the South Florida
Regional Planning Council and the Metro Miami-Dade Office of Emergency
Management. 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 3.3.2
The adopted plan shall specify that during post-disaster redevelopment, the Building
Department will distinguish between those actions needed to protect public health
and safety with immediate repair/cleanup and long-term repair activities and
redevelopment areas. Removal or relocation of damaged infrastructure and unsafe
35
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1450
structures shall be by the Village in accordance with local procedures and those
agencies and practices specified in the Metro Miami-Dade County Emergency
Operations Plan.
***
Objective 3.4
Objective 3.5
Level of Service and Public Facility Timing
Policy 3.4.1
9.J 5.012 (3) (b) 11
Achieve and maintain Level-of-Service standards through a concurrency
management system with a phased capital improvement schedule.
91 5 . 0 12 (3) (c) 12
The Village shall implement the concurrency management system contained in this
plan and the Village shall supplement the concurrency management system with
which will be further detailed in land development code capital improvements when
appropriate and necessary to meet Level-of-Service standards concurrent with the
impact of development.
Hurricane Damage Avoidance
Minimize damage from any hurricane storm surge. See Policies for measurability.
Policy 3.5.1 9J 5.012 (3) (e) 3
By the date required by state statute or sooner, the Village shall enact and enforce
land development code provisions requiring minimum building setbacks from the
ocean. Construction shall not be permitted seaward of the Coastal Construction
Control Line, except that non habitable major and minor structures (as defined in
16B-33.002(54), FAC) and restaurants may be permitted so long as: 1) they are
approved by a Coastal Constrnction Control Line permit granted by the State of
Florida Department of Natural Resources; 2) at least SO percent of the permitted area
is free of any such structures; 3) no such individual structure shall exceed l 5 percent
of the permitted area.
Policy 3.5.2 9J 5.012 (3) (e) 3 and 9J 5.013 (2) (c) 6
The Village shall enforce flood damage prevention regulations which ensure that the
first floor of all new residential construction is at or above the flood elevation
specified on the FEMA Flood Insurance Rate Map and which ensure that the first
floor of all new non-residential construction is either at or above the flood elevation
specified in the FEMA Flood Insurance Rate Map or in accordance with FEMA
approved waterproof construction specifications. The Village manager shall design
and promulgate specific management techniques to ensure effective enforcement.
***
36
1451 Objective3.6
1452
1453
1454
1455
1456
1457
Commercial Redevelopment
The Village shall encourage method~· (or integration o( energv conservation
technologies in new construction and redevelopment and in Village municipal
programs and services. No l-e,ter than 2004, achiew private rewltllh€1tio,'9 ofal least
one Cmndon -Be-u lerardpr<:>perfy that has a blighting i,"1'1-pact on !he Vif.lage Emd is
1:i:ke-1-y, to o·ustain sign{fictml hHrr-ieane--damage.
1458
1459
1460
1461
1462
1463
1464
1465
1466
1467
1468
1469
1470
1471
1472
1473
1474
1475
1476
1477
1478
1479
1480
1481
1482
1483
1484
1485
1486
1487
1488
1489
1490
1491
1492
1493
Policy 3.6.1 9J 5.012 (3) (c) 6
The Village shall encourage energy-efficient construction methods and develop
initiatives to encourage energy conservation techniques in municipal and private
sector development.-By-ilie date required by state statute oF-SeOner, the Village shull
enact and enforce land----eevelef7l-nent eode stanEl-af4s.--aru:i incentives te-ae-fl-ieve
development, renovated developmeat and/Gf--l=edevelopment that meets high
signage, landscaping, circulation/parking and other-cleveffit)rnent standards, all in
c-onformanee with the flood clamnge prevention regulations required by
Geftsep.r-a~n and Coust:a:l-Maoogeit1ent Policy 3.5.2.
Nottte~:---jTt-thttcet-tfoHewi-~ieies are not applicable to Key Biscay~
•
•
•
Policy 9J 5.012 (3) (c) 11
Policy 9J 5.013 (c) I
Policy 9J 5.013 (c) 2
deepv,ater ports
·.vater wells
extraction of minerals
• Inform the Florida Department of State, Division of Historical Resources thnt, to
the best lmowledge of Village officials based on documeffiftt.i:en supplie€l---ey--#le
moo a Department of State a-nd Dade County, all archaeological an~
structure sites identified in the Florida site file as bci-Ag-located on Key Biscayne-are
NOT in the- Village of Key Biscayne, but rather in the unincorporated portions of
Ga~cated on the Island of Key Biscnyne. The struc-tt1res are: 1-) the North
Base Marker at the Key Biscayne Golf Course and 2) the~e-Florida Lighthouse
in Bill Baggs Park at the-tip of the Island of Key Biscayne. The sites are: l) the Bear
Cut Preserve, 2) Cape Florida, 3) Fort Bank-head and 4) the Light k~
foundation-:-
Policy 3.6.2
The Village shall develop standards and principles to provide for the improvement
of energy efficiency in municipal services and programs.
Policy 3.6.3
The Village shall, to the extent financially feasible, pr:ovide 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.
37
1494
1495
1496
1497
1498
1499
1500
1501
1502
1503
1504
1505
1506
1507
1508
1509
1510
1511
1512
1513
1514 GOAL 4
1515
1516
1517
1518 Ob jectivc 4.1
1519
1520
1521
1522
1523
1524
1525
1526
1527
1528
1529
1530
1531
1532
1533
1534
1535
1536
1537
1538
1539
1540
Policv 3.6.4
The Village shall amend the land development regulations lo adopt specific
standards and strategies that address greenhouse gas emissions, energy efficient
housing, and overall energy conservation by 2015.
Policy 3.6.5
As the replacement of municipal vehicles is scheduled, the Village shall consider
the availabillty of replacement with low emission or fuel-efficient vehicles.
Policy 3.6.6
The Village shall, through the cunent site plan review procedures. encourage the
diversion from landfills of materials that are recyclable when issuing construction
and demolition permits.
PROTECT COAST AL PROPERTIES AND PUBLIC FACILITIES AND
INFRASTRUCTURE INVESTMENT BY PREPARING, ADAPTING AND
MITIGATING FOR CLIMATE CHANGE IMPACTS
Flood Risk Reduction
***
The Village shall adopt and implement policies. land development regulations.
administrative procedures. incentives, or other strategies lo reduce vulnerabilitv to
sea level rise. high-tide events. storm surge, and stormwater runotf
Policy 4.1.1
By 2025. the Village shaU consider the development of a Resilience Action Plan
(RAP) to explore adaptation and mitigation measures which increase resilience to
climate chaime impacts, including the reduction of risk.
Policy 4.1.2
The Village shall review and monitor updates to The Unified Sea Level Rise
Projection for Southeast Florida produced by the Southeast Florida Regional
Climate Change Compact and consider the projections when evaluating, planning,
and designing public facility and infrastructure projects.
Policv 4.1 .3
The Village shall encourage the use of living shorelines or other nature-based
infrastructure as a shore protection alternative.
38
1541
1542
1543
1544
1545
1546
1547
1548
1549
1550
1551
1552
1553
1554
1555
1556
1557
1558
1559
1560
1561
1562
1563
1564
1565
1566
1567
1568
1569
1570
Policy 4.1.4
Construction activities seaward of the coastal construction control lines established
pursuant to s. 161.053 shall be consistent with Chapter 161 of the Florida Statutes.
Policy 4.1.5
The Village shall maintain flood-resistant construction requirements that arc
consistent with. or more stringent than. the Florida Building Code and applicable
flooclpla.in management regulations as set forth in 44 C.F.R., Parts 59 and 60.
Policy 4.1.6
The Village shall continue to pmticipate in the Community Rating System under
the National Flood Insurance Program (NFIP) to achieve flood insurance discounts.
Policy 4.1. 7
The Village shall evaluate its policies and regulations on a periodic basis to consider
amendments to reduce and/or mitigate flooding impacts and shall ensure
amendments do not increase the extent and depth of flood potential.
Policy 4.1.8
The Village shall ensure that all applicable land development regulations and
policies are en.forced dming development review procedures, shall encourage
approaches to mitigate flood impacts, and shall evaluate opportunities for offering
incentives for exceeding minimum standards.
39
1571
1572
1573 GOAL 1
1574
1575
1576
1577 Objectivel.l
1578
1579
1580
1581
1582
1583
1584
1585
1586
1587
1588
1589
1590
1591 Objective 1.2
1592
1593
1594
1595
1596
1597
1598
1599
1600 Objective 1.3
1601
1602
1603
1604
1605
1606
1607
1608
1609
1610
161 l
1612
1613
1614
1615
1616
1617
VI. RECREATION AND OPEN SPACE ELEMENT
PROVIDE A DESIRABLE LEVEL OF PUBLIC RECREATION AND OPEN
SPACE FACILITIES TOGETHER WITH SUPPLEMENTAL PRIVATE
RECREATION AND OPEN SP ACE FACILITIES.
Waterfront Access
Continue to provide tor a municipal ocean beach access point within the Village.
AchiC';e one munidpttl ocean beach c1ccess point-w-i+hin the Village 1UHc1te-f---l-Mn
-2()M.
Policy 1.1.1
9J 5.014 (3) (b) l
9J 5.014 (3) (c) 3 ·
The Village shall continue to maintain the Beach Park as the principal municipal
ocean beach access point within the Village. The Village shall enforce an e~
agreement with a private pr~wner calling fuf..p rm·ision of beach access-as-a
OOREH-tion for development appre-vah--+he aeeessway so provided shall be open to
the general ptthlie:
School Playfield Access 9J 5.014 (3) (b) l
Assure resident access to the elementary school playfield by 1995.
Policy 1.2.1
The Village shall see-It-maintain a joint use agreement with the School
Board to assure resident access to the school's playfields.
Public Recreation Facilities
9J 5.014 (3) (c) 5
9J 5.014 (3) (b) 3
Achieve a system of public park and recreation lands which provides at Least 2. 5
acres per 1,000 people permanent population together with the appropriate range
of facilities.
Policy 1.3.1
The Viltage-shall reserve for recreation use nU of the Village O'.Yned land
oosigft atee--o n the Future Land Use Mair. 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 people permanent population shall be used for concurrency
purposes.
Policy 1.3.2 9J 5.014 (3) (c) 4
:g.y the date requiree:-~1-le The Village shall conduct a thorough stl:¼dy
40
1618
1619
1620
1621
1622
1623
1624
1625
1626
1627
1628
1629
1630
1631
1632
1633
1634
1635
1636
1637
1638
1639
164 0
1641
1642
1643
1644
ef--t-1:le feasibility of obtaining alternative sites needed-te 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 1.3.3 9J 5.0111 (3) (e) 5
The Village shall continue to pursue the acqursition (purchase or lease) of
additional park land -i-ncluding an addition to Calusa Park and other sites as
necessary in order to meet the above Level of Service standard as outlined in the
Capital Improvement Schedule.
Policy 1.3.4
As acquisition of the park tracts is assured, the Village shall finalize detailed
planning for facilities such as ball fields, and playgrounds and a cornmunity eenter,
A phased implementation plan shall be initiated.
Policy 1.3.5
No later than December 31, -l-9-94 2015, the Village shall explore a recreation impact
fee to help finance acquisitions and improvements.
Policv 1.3.6
The following properties shall be included in the inventory of Parks and Recreation
Space:
1645
1646
1647
1648
1649
1650
Parks and Recreation Snace Acreaae
Calusa Park 3.00
Village Green 9.50
Kev Biscavne K-8 Center 2.02
East Enid Lake Park 2.78
Beach Park 2.00
St. Aanes Field 2.13
Communitv Center 1.95
Librarv Park 1.17
Hacienda Canal Pocket Park 0.03
530 Crandon Blvd 0.52
Hamoton Park 0.19
Harbor Park 0.46
Total 25.75
This invento1y of properties shall be automatically updated to include anv 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.
41
165 l Objective 1.4
1652
1653
1654
1655
1656
1657
1658
1659
1660
1661
1662
1663
1664
1665
1666
1667
1668
1669
1670
1671
1672
1673
1674
1675
1676
1677
1678
1679
1680
1681
1682
1683 Objective 1.5
1684
1685
1686
1687
1688
1689
1690
1691
1692
1693
Open Space 91 5.014 (3) (b) 4
Achieve S<:Hne-semi-passive public open space in the central part of the Village,
some semi-public open space on the waterfront plus private open space in
conjunction with any new private development.
Policy 1.4.1 9J 5.014 (3) (e) 1
By the date required by state statute or sooner, the Village shall enact and enforce
as part of the land development code: l) minimum front, side and rear residential
setbacks, and 2) 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 1.4.2 9J 5.014 (3) (c) 2
By the date reqHtreE!-ey-stute statute or sooner, ti~ The Village shall eeaet-maintain
and enforce a land development code zoning district to implement the Waterfront
Recreation and Open Space land use category and thereby preserve such open
space uses 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 in
no case shall previous area be less than 15 percent of the entire site.
Policy 1.4.3 9J 5.014 (3) (c) 2
The Village shall eval uate the des-ira aility of developing maintain a village center
in order t9 provide for tandem with central area-public open space.
Public-Private Coordination 9J 5 . 0 14 (3) (e) 2
By 200-1, achieve-Explore and implement afally coordinated system of
recreational resources.
Policy 1.5.1
By-+9-96,the-The Village Manager or designee shall eom plete maintain an inventory
of all private and semi-public recreational facilities. This survey will be useEHA
finalizing the public recreational-faei-1-i-ties-plan desefi -aeEl-+R-I¼>l-tey+.--3+.
42
1694
1695
1696
1697
1698
1699
1700
1701
1702
1703
1704
1705
1706
1707
1708
1709
1710
1711
1712
1713
1714
1715
1716
1717
1718
1719
172 0
172 1
1722
1723
1724
1725
172 6
1727
1728
1729
1730
1731
1732
1733
1734
1735
1736
1737
1738
1739
1740
1741
VII. INTERGOVERNMENTAL COORDINATION ELEMENT
GOAL! TO MAINTAIN OR ESTABLISH PROCESSES TO ASSURE
COORDINATION WITH OTHER GOVERNMENTAL ENTITIES WHERE
NECESSARY TO IMPLEMENT THIS PLAN.
Objective 1.1 Coordination with the County Plan and School Board 9J 5.015 (3) (b) l
Achieve consistency between the Village plan and both the A1etr0 Miami-Dade
County Comprehensive Development Master Plan and the City of Miami
Comprehensive Plan (and amendments thereto); achieve coordination with the
plans of the Miami Dade County School Board See policies throughout this
elementfor measurability.
Policy 1.1.1 9J 5.015 (3) (c) 5
The Village shall continue to monitor the Metre-Miami-Dade County
Comprehensive Development Master Plan process as the County Plan is updated
and revised in conjunction with its Evaluation and Appraisal Report.
Policy 1.1.2 9J 5.015 (3) (c) 1
The Village shall maintain an active dialogue with the School Board staff relative
to any plans for the elementary schools within the Village.
Policy 1.1.3 9J 5.015 (3) (c) 2 and 4
The Village will utilize the informal mediation process of the South Florida
Regional Planning Council in order to try to resolve annexation and other conflicts
with other governmental entities; the Village will enter into mediations on a
nonbinding basis.
Policy 1.1.4 9J 5.015 (3) (c) 7
The Village will thoroughly review and compare proposed development in the City
of Miami and Miami-Dade County with proposed development in the Village
Comprehensive Plan for consistencies and conflicts between identical elements and
between plans as a whole. Where appropriate, the Village will respond at public
hearings, through memoranda, or through the regional planning council's mediation
process.
Policy 1.1.5
Implement activities associated with the Amended and Restated Interlocal
Agreement for Public School Facility Planning in Miami-Dade County, including,
but not limited to coordinating City, County and School Board plans based upon
consistent projections of the amount, type and distribution of population growth
and student enrollment; participating in decision-making through floating
43
1742
1743
1744
1745
1746
1747
1748
1749
1750
1751
1752
1753
1754
1755
1756
1757 Objective 1.2
1758
1759
1760
1761
1762
1763
1764
1765
1766
1767
1768
1769
1770
177 1
1772
1773
177 4
177 5
1776
1777
177 8
177 9
1780
1781
1782
1783
178 4
1785
178 6
1787
178 8
1789
membership on the School Board's School Site Planning and Construction
Committee regarding potential sites for new schools and proposals for significant
renovation, the location of relocatables or additions to existing buildings, and
potential closure of existing schools; and collaborating to identify options aimed to
provide the capacity to accommodate anticipated student enrollment demand
associated with increases in residential development potential.
Policy 1.1.6
Village shall coordinate with the Miami-Dade County Public Schools and other
part ies to the adopted Amended and Rested Interlocal Agreement for Public School
Facility Planning to establish Level of Service Standards (including Interim LOS
standards) for ~t-ies-Public Educational Facilities and any
amendments affecting public school concurrency.
Master Plan Impact and Implementation Coordination
Policy 1.2.1
9 J 5 . 0 15 (3 )(b) 2
Establish mechanism to coordinate the impact of development proposed in the
Village Master Plan with otherjurisdictions.
9J 5.015 (3) (c) 1
No later than-+9-99 2015, the Village shall continue to consider-esd-eaempt-s e
consum m at e as appro priate interl.ocal agreem ents generally of the type described
belew: or implement the following types of interlocal agreements or leases
generally of the type described below:
Se\¥e-F S:---At 1-agre efflel-1-~~ra te-a-nd coordinate with appropriate Cou1-1-ty
agencies for the extension of sewC!'S-7
Lease of MAST Academy Site for Recreation: A lease agreement bv which the
Village would commit to develop and maintain recreation facilities on a portion of
the MAST Academy site.
Solid Wast~greement to coopera te and coordinate with ~mty--S e--1-te
Waste M ana-gem eat--9epa.rtment fo r the di~su l of solid waste generated in the
V illage.
Lease of Cnlusa Par le A lease agre em ent by v,hich the Village would commit to
t'ltfttft ta.-m-t he recreation faci lities at the Calusa Park fo r the benefit of all Dade
Ge-unty residents. This site and/OH}t hefS-id entified herei-rt-atle/or St. Agnes field (a
private schee-l-4aet lity that-m ay be available part time on ll lease basis) are needed
t:e--m eet Village recreatioH--1-e-ve-H}f..s erviee standards.
Lease of the Key Biscayne Presbyterian Church for Recreation: A lease agreement
by which the Village would commit to develop and maintain recreation facilities
on a portion of the Key Biscayne Presbyterian Church site.
Lease of Virginia Key Site(s) for Recreation and the Causeway: A lease agreement
44
1790
1791
1792
1793
1794
1795
1796
1797
1798
1799
1800
1801
1802
1803
1804
1805
1806
1807
1808
1809
1810
1811
1812
1813
1814
1815
1816
1817
1818
1819
1820
1821
1822
1823
1824
1825
1826
1827
1828
1829
1830
1831
1832
1833
1834
1835
1836
by w hich the Village would com m it to develop and m aintain recreation facilities at
one or m ore sites on Virginia Key and/or the Causeway. These sites und/or others
ffieflt-i.ftetl--h erein c..nd/or St. Agnes field (a pi+vate sehool fo eility that may be
a-v-a-i+a ble part tim e on a lease basis) are needed to meet Village recreation level of
se~
e-K:f}UftSffift-Of Calusa Park into Cra ndon Park: An agreem ent to cooperate and
coordinate with the County Parks Depat4m ent fo r the expansion of Calusa Park to
accom m odat e play fields. This site and/or others identified herein atteffi r St. Agnes
field (a private school faei.l ity that m ay be availt1ble part time Oil a. lease basis) are
ne eded to m eet Village re creation level of service standards. It is understood that
j7U:1'5t!t l:-ef the desir ed agre em ent fo r Calusa Park will-f equire the Village to petition
D ade C ounty govern m ent to m odify its current plan fo r Crandon Park.
M anagem ent Agreem ent fo r Calusa Park: The Vill age shall encourage M iami-Dade
C ounty to make im pro vem ents to Calusa Park consistent with the Crandon Park
M aster Plan. The Village shall m aintain an agreement with the M iami-Dade County
Park and Recreation Departm ent to provide fo r Village management of Calusa
Park.
B-ill Baggs Stat e Park: An ag reemeHt--te-ee opernte and--eo ordinate 1vvith the Florioo
D epartm ent of Enviro nme ntal Pro tection fo r the pro vision of play fields at Bill
B aggs State Parle This site and/or others identified herein and/or St. Agn es field (a
private schoe-1 fa cility that mny be available part tim e on a lease basis) at=e
needed to meet Vill age re cre ation level of service standards. It is understood
that pur suit of the desired agreem ent fo r Bill Baggs State Park will require the
.Vill age to petition an agency of state govem m ent to m odify its eun-ent plan for Bill
B aggs State Pm:k,;.
K ey B iscayne Elem entary SohoolK-8 Center: An agreem ent to cooperate and
coordinate with the M iam i Dade County School Board to make the Key Biscayne
El em entary SchoAf-K-8 C enter playground available fo r com m unity use.
C ra ndon Boulevard: An agreem ent to coopern-te-a-nd-eo ordinate ·.vith the Dade
C ounty Public W orks Departm ent and--th e--Da achieve
a-t tt m pro ved C ran don B oulevard streetscap0;-
O ther areas within or pro xim ate to the Village: An agreem ent or lease with other
areas w ithi n the Village. as necessary.
Policy 1.2.2 9J 5.015 (3) (o) 1
The V illage shall maintain an active dialogue with the Met ro-M iami-Dade Plann ing
D epartm ent and oth er C ounty agencies relative to lim iting land use intensity
betw een the Village and the m aintained.
Policy 1.2.3 9J 5.015 (3) (c) 3
45
1837
1838
1839
1840
1841
1842
1843
1844
1845
1846
1847
1848
1849
1850
1851
1852
1853
1854
1855
1856
1857
1858
1859
1860 Objective 1.3
1861
1862
1863
1864
1865
1866
1867
1868
1869
1870
1871
1872
1873
1874
1875
1876
1877
1878
1879
1880
1881
1882
1883
1884
1885
The Village Manager shall assist the County in providing information to the
residents of the Village relative to services provided by the County, e.g., solid
waste, potable water, sewers, transit and hurricane response planning. Such
information may be disseminated through a Village newsletter, Village Hall
counter handouts, notices posted at the Village Hall, and/or other appropriate
means.
Policy 1.2.4 9J 5.015 (3) (c) 6
The Village shall contribute to the improvement of Biscayne Bay water quality
through a combination of (a) implementation of a master drainage plan, (b)
replacement of septic tanks with sanitary sewers tied into the County system, (c)
mandating on-site stormwater detention and (d) marina siting standards.
Policy 1.2.5
Level of Service Standards Coordination
Policy 1.3.1
Policy 1.3.3
9J 5.015 (3) (c) 6
The Village shall contribute to the improvement of Biscayne Bay water quality by
continuing to: 1) have a Village representative periodically consult with the
Biscayne Bay Shoreline Development Review Committee and 2) have relevant bay
front projects reviewed by the Committee. The Village shall cooperate with the
regulatory functions of the Florida Department of Environmental Protection and
the National Park Service.
9J 5.015 (3) (b) 3
Ensure coordination with Metro Miami-Dade County Water and Sewer
Department. the South Florida Water Management District, and the Lower East
Coast Water Supply Plan Update in establishing level-of-service standards for
sewage, and potable water.
9J 5.015 (3)(c) 7
Monitor changes to the adopted level-of-service standards of Metro Miami
Dade County ~f:}fef}ftatety--the South Florida Water Management District, and
the Lower East Coast Water Supply Plan Update and adjust its-own level-of-service
standards accordingly.
Policy 1.3.2
The Village shall implement a tracking system that measmes increases in
population resulting from development and redevelopment and provide results to
the Miami-Dade County Water and Sewer Department on a regular basis.
The Village shall provide for improved or additional coordination between the
Miami-Dade County Water and Sewer Department and the Village concerning th~
sharing and updating of information to meet ongoing water supply needs.
46
1886
1887
1888
1889
1890
1891
1892
1893
1894
1895
1896
1897
1898
1899
1900
1901
1902
1903
1904
1905
1906
1907
1908
1909
1910
Policy l .3.4
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 1.3.5
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 1.3.6
The Village shall coordinate with the Lower East Coast Water Supply Plan Update.
47
1911
1912
1913 GOAL l
1914
1915
1916
1917 Objective 1.1
1918
1919
1920
1921
1922
1923
1924
1925
1926
1927
1928
1929
1930
1931
1932
1933
1934
1935
1936
1937
1938
1939
1940
1941
1942
1943
1944
1945
1946
1947
1948
1949
1950
1951
1952
1953
1954
1955
1956
VIII. CAPITAL IMPROVEMENTS ELEMENT
TO UNDERTAKE CAPITAL IMPROVEMENTS NECESSARY TO
PROVIDE ADEQUATE INFRASTRUCTURE AND A HIGH QUALITY OF
LIFE, WITHIN SOUND FISCAL PRACTICES.
The Annual Capital Improvement Program Process 91 5.016 (3) (6) I
Achieve annual Village Council use of this Element as the framework to monitor
public facility needs as a basis for annual capital budget and five-year program
preparation.
Policy 1.1.l 9J 5 . 0 16 (3 )(c) 7
As part of the ann ual budget process, staff and engineering studies shall form the
basis for preparation of a five-year capital improvement program, including one
year capital budget, to further the master plan elements.
Policy 1.1.2
Policy 1.1.3
91 5.016 (3) (c) 3
The capital improvement program shall include a drainage facility
improvement/replacement program based upon the ~drainage master plan.
91 5.016 (3) (c) l
In setting priorities, the following kinds of criteria shall be used by the Village
Council; in all cases, financial feasibility or budget impact will be assessed:
• Public safety projects: any project to ameliorate a threat to public health
or safety.
• Quality of life projects: any project that would enhance the quality of
life, such as a public streetscape improvement project.
• Level of service or capacity projects: any project needed to maintain an
adopted or otherwise desirable Level of Service.
• Redevelopment projects: any project that would assist m the
revitalization of deteriorated non-residential properties.
• Biscayne Bay enhancement projects: any project which would enhance
the environmental quality of Biscayne Bay.
Policy 1.1.4 91 5.016 (3) (c) 9
The Village shall use designated funding mechanisms such as the drainage utility
48
1957
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
and sewer assessments to the maximum extent feasible thereby freeing up 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.
Policy 1. 1.5 91 5.016 (3) (c) 2
The Village shall pursue a prudent policy in terms of borrowing for capital
improvements or other purposes.
***
Objective 1.2 Level of Service and Land Use Decisions 91 5. 016 (3) (b) 3
Achieve coordinated Village use of the Future Land Use Plan, financial analyses
in this Element and Level of Service standards in both reviewing development
applications and preparing the annual schedule of capital improvements.
Policy 1.2.1
9J 5.016 (3) (e) 4
The following peak hour Level of Service (LOS) standards shall be maintained:
Streets: The Village shall regulate the timing of development to maintain at least
the following peak hour level of service standards:
• Arterials -- "BD"
• Collectors - "B"
• Local Service Streets - "A"
within the Village limits, Crandon Boulevard will be at level of service-El) or better,
although the level of service could potentially fail slightly below-ED near the north
Village limits.
Sanitary Sewers in Sewered Areas: The County-wide "maximum day flow" of the
preceding year shall not exceed 98 percent of the County treatment system's rated
capacity. The sewage generation standard shall be 140 average gallons per capita
per day.
Sanitary Sewers in Unsewered Areas: Septic tanks shall be permitted only in
compliance with applicable county and state agency standards; compliance shall
be determined by receipt of required approvals and permits from the a Metro
Miami-Dade County Department of Environmental Resources Management and
the Florida Department of Health and Rehabilitative Services.
Potable Water: The County-wide "maximum day flow" of the preceding year shall
49
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050 Objective 1.3
not exceed 98 percent of the County treatment and storage system's rated capacity.
The pressure shall be at least 20 pounds per square inch at the property line. The
potable water consumption standard shall be 280 average gallons per capita per day.
Drainage. All nonresidential development and redevelopment shall accommodate
runoff to meet all Federal, state and local requirements.
Solid Waste: The County solid waste disposal system shall maintain a minimum of
five years capacity. For Village planning purposes, a generation rate of 5.2 pounds
per person per calendar day shall be used.
Recreation: 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.
Public School Facilities: Maintain a LOS standard of at least 2.5 acres of park land
per 1,000 persons permanent population. ~]pen public school -oott etffrefie;'
becoming-effective, the adopted Level of Serviee- (LOS) standard for all Miami-
Dade Coottty public school faciliti{:S is 100% utilization of Florida InventOL)' of
&ooe-l-+louses (HSH) Cnpacity (W ith Relocatable Classrooms). This-bO S
standard, except for Magnet Schools, shall be applicable in each public sehee!
concurrency service areH (CSA), defined as the--p oolie- school attendance boundnry
estahli-stted---ey-4-e--Mtaffi.i-g a4;-Go unty Public Schools. The ndopted LOS standnrd
.fur-Magnet Seheels is l 00% of FISH (With Relocatable Classrooms};--wfttc--fl-Sl'¼al-l-
9e--ea±€ttta-red---t», a districtw~l:nlsis. Level of servi€e---s tat1dards for ptt!;.lte---s-e-heel
facilities apply to those trnditional educational facilities, ovmed nnd operated-ay-t he
Miami Dade County Public Schools, that are requifea-----to----seP.+e----th-e----r es·Klent-i-al
development \VtthitH-h ew-est ablished Concurrency Sefvice A.rea. Level of Gervice
starui fff4s-oo.+1et~arter sche~1e-eap ~~ti--ehfl-ft ef--afl€1.
magnet schools •.vill be credited aga:itlSt-#l e---i:m pact of development.
Policy 1.2.2
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 1.2.3
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 Kev Biscayne. and to
be sure that it is implementing a system that links water supplies to the permitting
of new development.
Infrastructure in Coastal High Hazard Area 9J 5.016 (3)(b) 2
50
2051
2052
2053
2054
2055
2056
2057
2058 Objective 1.4
2059
2060
2061
2062
2063
2064
2065
2066
2067
2068
2069
2070
2071
2072
2073
2074
2075
2076
2077
2078
2079
2080
2081
2082
2083
2084
2085
2086
2087
2088
2089
2090
2091
2092
2093
2094
2095
2096
2097
Spend no Villagefunds on infrastructure within the Village (all of which is within
the coastal high-hazard area) that would have the effect of directly subsidizing
development which is significantly more intensive than authorized by this Plan.
***
Concurrency 9J 5.016 (3) (b) 4
Assure the provision of 'publicfacilities concurrent with the impacts of development
through a concurrency management system to be included in the -J-9.94-land
development code.
Policy 1.4.1 91 5.016 (3) (c) 6
By the date required by state statute or sooner, the The Village shall enact and
enforce as part of the land development code a concurrency management system
•.vhich meets the requirements of 9J 5.0055. The concurreooy management-eystem
that 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 Comprehensive Plan Transportation, Recreation and Open Space,
and Infrastructure 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:
1. Measuring Conformance with the Level-of-Service for water, sewer, solid
waste, drainage, 1-ffi:ffee-transportation and recreation facilities.
Public facility capacity availability shall be determined by a set of
formulas that reflect the following:
Adding together:
• The total design capacity of existing facilities; plus
• The total design capacity of any new facilities that will become
available concurrent with the impact of the development. The capacity
of new facilities may be counted only if one or more of the following
can be demonstrated:
(A) For water, sewer, solid waste and drainage:
(I) The necessary facilities are in place and available at the
time a certificate of occupancy is issued, or
51
2098
2099
2100
2101
2102
2103
2104
2105
2106
2107
210 8
2109
2110
2111
2112
2113
2114
2115
2116
2117
2118
2119
2120
2121
2122
2123
2124
2125
2126
2127
2128
2129
2130
2131
2132
2133
2134
2135
2136
2137
2138
213 9
2140
2141
2142
(2) Such approval is issued subject to the condition that the
necessary facilities will be in place and available when the
impacts of development occur, or
(3) The new facilities are guaranteed in an enforceable
development agreement to be in place when the impacts
of development occur. An enforceable development
agreement may include, but is not limited to, development
agreements pursuant to Section 163 .3220, Florida
Statutes, or an agreement or development order pursuant
to Chapter 380, Florida Statutes (the Development of
Regional Impact authorization).
(B ) For recreation:
(1) Paragraphs (1 )-(3) under (A) above except that
construction may begin up to one year after issuance of a
certificate of occupancy.
(2) The new facilities are the subject of a binding executed
contract for the construction of facilities to be completed
within one year of the time the certificate of occupancy is
issued, or
(3) A development agreement as outlined in (4) above but
requiring construction to begin within one year of
certificate of occupancy issuance.
(C) For traffic:
( 1) Paragraphs (A) (1) through ( 4) or (B) (2) above except
that construction can begin up to three years after the
approval date.
(2) No modification of public facility level-of-service
standards established by this plan shall be made except by
a duly enacted amendment to this plan.
Subtracting from that number the sum of:
• Existing volumes or flows; plus
• "Committed" volumes or flows from approved projects that are not yet
constructed; plus
52
2143
2144
2145
2146
2147
2148
2149
2150
2151
2152
2153
2154
2155
2156
2157
2158
2159
2160
2161
2162
2163
2164
2165
2166
2167
2168
2169
2170
2171
2172
2173
2174
2175
2176
2177
2178
2179
2180
2181
2182
2183
2184
2185
2186
2187
2188
• The demand that will be created by the proposed project, i.e., site plan,
plat or other development order.
In the case of water, sewers, solid waste and recreation, the formulas must reflect
the latest population vis a vis flows or park acreage.
Design capacity shall be determined as follows:
Sewage: the capacity of the County sewage treatment system.
Water: the capacity of the County water treatment and storage system.
Solid Waste: the capacity of the County disposal system.
Drainage: The on-site detention capability and/or stonn sewer capacity.
Roadways: The standard for measuring highway capacities shall be the Florida
DOT Table of Generalized Two-Way Peak Hour Volumes for Urbanized Areas
or other techniques that are compatible to the maximum extent feasible with
FDOT standards and guidelines. The measurement of capacity may also be
determined by engineering studies provided that analysis techniques are
technically sound and acceptable to the Village engineer.
Recreation: Measurement shall be based on recreation data in the
Comprehensive Plan plus the latest Village population estimate with any
necessary interpretation provided by the Village manager or designee thereof.
Transit: The County Transit Agency bus schedules for routes within the Village.
~asuring Conformance with the Level ~(Service/er Public School Facilities:
(A ) N ecessary public school fa cilities m ust be in place or under actual
eo nstrn ction w ithin thr ee years afteri ssuance of final subdi vision or site
plan appro val, or the fu nctional equivalent.
In the event the adopted bevel of Service stan dard of Hl e--Mi-affi.i:..ade
Goottt:y Public S chools establi shed Go ncurr ency Service A re a eai m ot-ae
m et as a resu lt of a pro posed develo1}fnent's im pact, the developrn em
m ay pro ceed provided at least one of the fo llov.:i ng conditions is m et:
a. The developm ent's im pact can be shift ed to one or m ore contiguous
C SA s that have available capacity and is located, eith<..'rin w hole or
in part, "lvit-h in the sam e G eogra phic A reas (N orthwest,N e#h ~
Southw est, S outheast, sec fi gur e I A thro ugh l D ) as the pro pesed
~en¥,-&
~he-developm ents' im pact is m itigat ed, pro portionate to the dem tm d
53
2189
2190
2191
2192
2193
2194
2195
2196
2197
2198
2199
2200
2201
2202
2203
2204
2205
2206
2207
2208
2209
2210
2211
2212
2213
2214
2215
2216
2217
2218
2219
2220
2221
2222
2223
2224
2225
2226
2227
2228
2229
2230
2231
2232
2233
2234
2235
fo r public schools it created, thrn ugh a combination of one or more
~rtiona:te share mitigation options, as defined in
Section 163 .3180(13 )(e) l, Fl orida Statutes. The intent of these
options is to pro vide fo r the mitigation of residential development
iffi pacts on public school facilities, guaMI-lte ed-by-a-leg at--Btfl di-ng
ag-re ement,t hrough ffiechanisms that include, one-e r more of-tAe
rellewm:g-:
a. Contribution---e-~
b. The constnwtion, expansion, or payment for lan d
flCcf Uisition or constru ction of a penna:n eAt public school
fa cility; or
&.--+'he creation ofa mitigation batl:k-b ased on the construction
of a perm anent public school facility in exchange for the
right to s-eU-c-a-p ac-i-ty-eJ:ee -ttS;
The legally binding pro portionate share m1t1gm:-i-en
agreement is subject te--the-af !}Fe-V a-i--ef.--M.ta.m i---Doo e
Coun ty School Board and the Village and mt1 -s+--be
~ntified in the M iami Dade County Public Schoo!
Facilities 'Nork Pro gram.
c. The development's impoot:s-are phased to occur when suftk-ien-t
capacity 1.vill be available.
;h _2__C oncurrency Monitoring System
The manager or designee thereof shall be responsible for monitoring facility
capacities and development activity to ensure that the concurrency management
system database is kept current, i.e., includes all existing and committed
development. This database shall be used to systematically update the formulas
used to assess projects. An annual report shall be prepared.
4-: 3. C apaci ty Reserv ation
Any development permit application which includes a specific plan for
development, including densities and intensities, shall require a concurrency
review. Compliance will be finally calculated and capacity reserved at time of final
action of an approved final Design Review approval or building permit if no Design
Review is required or enforceable developers agreement. Phasing of development
ffl-fltit her i-~~fu--Rtt.l ~J-+.-0 ~ Applications for development
permits shall be chronologically logged upon approval to determine rights to
available capacity. A capacity reservation shall be valid for a time to be specified
in the land development code; if construction is not initiated during this period, the
reservation shall be terminated.
54
2236
2237
2238
2239
2240
2241
22 42
2243
2244
2245
2246
2247
2248
2249
2250
2251
2252
2253
2254
2255
2256
2257
2258
2259
2260
2261
2262
2263
2264
2265
22 66
2267
2268
2269
2270
2271
2272
2273
2274
2275
2276
2277
2278
2279
2280
2281
2282
4. Administration
The Village manager (or designee thereof) shall be responsible for concurrency
management. The land development code shall specify administrative procedures,
including an appeals mechanism, exemptions, plan modifications, burden of proof,
etc.
5. Project Impact or Demand Measurement
The concurrency management user's procedural guide (a supplement to the land
development code) will contain the formulas for calculating compliance plus tables
which provide generation rates for water use, sewer use, solid waste and traffic, by
land use category. Alternative methods acceptable to the Village manager or
designee thereof may also be used by the applicant. For example, traffic generation
may be based upon the Institute of Transportation Engineer's "Trip Generation"
manual.
Policy 1.4.2
The Village shall adopt and maintain a five-year Capital Improvements Plan.
Policy 1.4.3
The Village shall seek to ensure that the Capital Improvements Element (CIE) of
the Comprehensive Plan is financially feasible.
Policy 1.4.4
The Village shall establish criteria to prioritize and update projects within the five
year Capital Improvements Plan to achieve and maintain adopted level-of-service
standards.
Objective 1.5 Funding Capital Improvements 9J 5.016 (3) (b) 5
The land development code concurrency management system shall reflect both the
existing approved Development of Regional Impact 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.
Policy 1.5.l 9J 5.016 (3) (c) 5
The concurrency management system formulas shall include the public facility
demands to be created by the two DRI projects (Continental, and Key Biscayne
Hotel and Villas) as "committed" and the capital improvement schedule shall
include the project implications of this committed demand to assure concurrency,
so long as either of these development orders is in effect.
55
2 2 8 3
22 8 4
2 2 8 5
2 2 8 6
2 2 8 7
2 2 8 8
2 2 8 9
2 2 9 0
2 2 9 1
2 2 9 2
2 2 9 3
2 2 9 4
2 2 9 5
2 2 9 6
2 2 9 7
2 2 9 8
2 2 9 9
2 3 0 0
2 3 0 1
2 3 0 2
2 3 0 3
2 3 0 4
2 3 0 5
2 3 0 6
2 3 0 7
2 3 0 8
2 3 0 9
2 3 1 0
2 3 1 1
2 3 1 2
2 3 1 3
2 3 1 4
2 3 1 5
2 3 1 6
2 3 1 7
2 3 1 8
2 3 1 9
2 3 2 0
2 3 2 1
2 3 2 2
2 3 2 3
2 3 2 4
Policy 1.5.2 9J 5.016 (3) (c) 8
No later than December 31, 1994, the Village shall explore a recreation impact fee
that would apply to all new development in order to help fund acquisition and
improvements.
Policy 1.5.3 9-J 5.017 (3) (b) 4 and (c) 8
The Village shall not give development approval to any new construction,
redevelopment or renovation project which creates a need for new or expanded
public capital improvement unless the project pays a proportional share of the costs
of these improvements following legally prescribed criteria for such fees.
Policy l.5.4
The capital improvements associated with the construction of educational facilities
are the responsibility of the Miami-Dade County Public Schools. To address
financial feasibility associated with public school concurrency, the Miami-Dade
County Public School Facilities Work Program for educational facilities will be
incorporated by reference into the Capital Improvements Element.
Policy 1.5.5
The Village shall coordinate with the Miami-Dade County Public Schools, to
annually update its Facilities Work Program to include existing and anticipated
facilities for both the 5-year and long-term planning periods, and to ensure that the
adopted level of service standard, including interim standards, will continue to be
achieved and maintained. Miami-Dade County, through its annual update to the
Capital Improvements Schedule, will incorporate by reference the latest adopted
Miami-Dade County Public Schools Facilities Work Program for educational
facilities. Miami-Dade County and the Miami-Dade County Public Schools will
coordinate their planning efforts prior to and during the Miami-Dade County
Comprehensive Development Master Plan Amendment process and during updates
to the Miami-Dade County Public Schools Facilities Work Program.
Policy 1.5.6
Those capital improvements for educational facilities, as listed in the 2011-
2012 through 2015-2016 Miami-Dade County Public Schools Facilities Work
Program dated September 2007 and adopted by the Miami-Dade School Board, are
incorporated by reference into the Capital Improvements Element.
56
2325
2326
2327
2328
2329
2330
2331
2332
2333
2334
2335
2336
2337
2338
2339
2340
234 1
2342
2343
2344
234 5
2346
234 7
234 8
234 9
2350
2351
2352
2353
2354
2355
2356
2357
2358
2359
23 60
236 1
2362
2363
2364
236 5
2366
236 7
2368
2369
2370
CAPITAL IMPROVEMENT ELEMENT
IMPLEMENTATION SYSTEMS
A. Five-Year Schedule of Capital Improvements
See schedule on page 41.
B. Other Programs
9J 5.016 (4)(a)
91 5.016 (4) (a) land 2
9J 5.016 (4) (b)
The other principal programs needed to implement this Element are as follows:
1. An annual capital programming and budgeting process beginning no later than July 1995
and including use of the project selection criteria contained in Policy 1.1.3; related thereto
will be the annual review of this Element.
2. Completion 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
unsewered areas.
4. Amendments to the existmg land development code to assure conformance to the
"concurrency" requirements relative to development orders, levels of service and public
facility timing as outlined in C below.
5. Exploration of park impact fees.
6. Evaluate the need for and efficacy of financing mechanism to pay for beach renourishment
and dune development.
C. Monitoring and Evaluation 9J 5.016 (5)
The Village Manager or designee shall annually prepare a status report on this Capital
Improvement Element for submittal to the Village Council. The primary purpose is to update
the five-year schedule including the basis for the next year's capital budget. The project
evaluation criteria shall be used in the project list review and special attention shall be devoted
to maintenance of the level of service standards. This entire evaluation process shall be
integrated into the Village's annual budget process.
D. Concurrency Management 9.1 5.016 (4) (b) and 9J 5.0055
Concurrency management shall be implemented as articulated in Land Use Element Policy
2.14 and Capital Improvement Element Policy 1.4.1.
57
2 3 7 1
2 3 72
2 3 7 3
MONITORING, UPDATING AND EVALUATION
PROCEDURES, 1994-1998 91 5.005 (7)
2374 1. Annual Monitoring:
2375
2376 In conjunction with one of the plan amendment cycles, the Local Planning Agency shall
2377 annually conduct a public workshop on the Master Plan. A status report shall be provided by
2378 the Village Manager or designee and then citizen comment shall be solicited. This meeting
2379 shall be publicized by a legal notice in the newspaper plus efforts to have a news story in the
2380 Islander and flyer announcements at Village Hall. The LPA will then submit a report on the
2381 status of the Plan to the Village Council. This report may be accompanied by recommended
2382 amendments, using the normal amendment process.
23 83 2. Five-Year Evaluation and Appraisal Report (EAR):
2384
2385 In early 1999, the Village Manager or designee shall prepare a Five-Year Evaluation and
2386 Appraisal Report in conformance with statutory requirements and with special emphasis on
2387 the extent to which the 1993 Master Plan objectives and policies have been achieved. The
2388 report will pinpoint obstacles to plan implementation and update baseline data.
2389 3. Revised Objectives and Policies:
2390
2391 As a part of this EAR process, amendments to the goals, measurable objectives and policies
2392 based upon the above review, focusing on the 1999-2004 period but also including longer term
2393 objectives. The citizen participation procedures used in preparing the 1993 Master Plan (plus
2394 any future modifications thereto) shall be used in amending the Plan.
2395
2396
58
2 3 9 7
2 3 9 8
2 3 9 9
2400
2401
2402
2403
2404
2405
2406
2407
2408
2409
2410
2411
2412
2413
2414
2415
2416
2417
2418
2419
2420
2421
2422
2423
2424
2425
2426
2427
2428
2429
2430
2431
2432
2433
2434
2435
2436
2437
2438
2439
2440
2441
2442
2443
2444
IX PUBLIC SCHOOL FACILITIES ELEMENT
GOAL 1 DEVELOP, OPERATE, AND MAINTAIN A SYSTEM OF PUBLIC
EDUCATION BY MIAMI-DADE COUNTY PUBLIC SCHOOLS, IN
COOPERATION WITH THE COUNTY AND OTHER APPROPRIATE
GOVERNMENT AL 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.
***
Policy 1.2.6
Pursuant to Chapter 163, Florida Statutes, the 2011-2012 through 2015-2016
Miami-Dade County Public Schools 5 Year Distriot Facilities Work Program,
developed by Miami-Dade Public Schools and adopted by the Miami-Dade County
School Board on September 5, 2007, is incorporated by reference into the Village's
Capital Improvement Plan, as applicable. The Village shall coordinate with
Miami-Dade County Public Schools to annually update its Facilities Wok Program
and/or concurrency service area maps to include existing and anticipated facilities
for both the 5-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 Improvements Element and
Program, will incorporate by reference the latest adopted Miami-Dade County
Public Schools 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.
***
Objective 1.5
The School Board, the Village, and other appropriate jurisdictions shall eslablish
and implement mechcmisms.fi:w maintain on-going coordination and
communication to ensure the adequate provision of public educational facilities.
***
Objective 1.6
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
59
2445
2446
2447
2448
2449
2450
2451
2452
2453
2454
2455
2456
2457
2458
2459
2460
2461
2462
2463
2464
2465
2466
2467
2468
2469
2470
2471
2472
Policy 1.6.1
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
facilities, which do not encourage criminal behavior and provide clear sight lines
from the street.
Policy 1.6.2
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 (DOE), and
other appropriate sources.
Policy 1.6.3
Continue to cooperate with the Miami-Dade County Public Schools to provide for
the availability of alternative programs for at-risk students at appropriate public
educational facilities.
Policy 1.6.4
Coordinate 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
educational facilities.
60
2473
2474
2475
2476
2477
2478
2479
2480
2481
2482
2483
2484
2485
2486
2487
2488
2489
2490
2491
2492
2493
2494
2495
PROPERTY RIGHTS ELEMENT
GOALl RESPECT PROPERTY RIGHTS AND PEOPLE'S RIGHTS TO
PARTICIPATE IN DECISIONS THAT AFFECT THEIR LIVES AND
PROPERTY fN THE VILLAGE'S PLANNING AND DEVELOPMENT
DECISIONS.
Objective 1.1
The Village will respect iudiciallv acknowledged and constilulionallv protected
private propertv rights.
Policy 1.1.1.
Consider the right of a property owner to physicallv possess and control their
interests in the property, including easements, leases, or mineral rights.
Policy 1.1.2.
Consider the right of a property owner to use, maintain, develop, and improve
their property for personal use or another person's use. subject to state law and
local ordinances.
Policv 1.1.3.
Consider the right of the property owner to privacy and to exclude others from
the property to protect their possessions and property.
Policy 1.1.4.
Consider the right of a property owner to sell or gift their property.
Policy 1.1.5.
2496 Adhere to the rule of law in making land use decisions, whether legislative,
2497 administrative, or quasi-judicial.
2498
2499 Obiective 1.2.
2500 Provide transparency in the decision-making processes and procedures so that
250 l all people mav reasonably participate in decisions that affect their lives and
2502 property.
2503
2504
2505
2506
Policy 1.2.l.
Allow public participation from any affected person, as is consistent with
controlling law. and be a party to a heating on any land use decision.
Policy 1.2.2.
61
2507
2508
2509
2510
2511
2512
2513
2514
2515
2516
2517
2518
2519
2520
2521
2522
2523
2524 Objective 1.3.
2525
2526
2527
2528
2529
2530
2531
2532
2533
2534
2535
2536
2537
Allow public participation from the general public which may not have true legal
standing under controlling law.
Policy 1.2.3.
Respond to true and accurate information when making ,my planning and
development decisions and provide eve1y affected person an opportunity to be
heard, to present. and rebut evidence and be informed of all information on
which the Village bases its decision as required under controlling Florida law.
Policy 1.2.4.
Provide public notice as required by controlling law and shall adhere to a policy
of open meetings and freedom to review and copy public records.
Policy l.2.5.
Allow eve1y affected person the opportunity to participate early and throughout
the decision-making process.
Policy 1.2.6.
The Village will not grant any affected person a greater oppo1tunity to be heard
than another affected party during a public hearing process.
Provide planning processes that are reliable and predictable to support sound
land development regulations that promote long-term investments in the
community.
Policy 1.3.1.
Respect the right of people, including elected and appointed officials, citizens,
and property owners, to fairly evaluate proposed decisions relating to real
property.
Policy 1.3.2.
Ensure that public meetings and pt1blic hearings afford the right to participation
by the public as a general matter and afford administrative due process about
matters that are decided during quasi-judicial hearing processes and procedures.
***
62
M IA M I-D A D E
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review f/k/a Miami Review, of Miami-Dade County,
Florida; that the attached copy of advertisement, being a
Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE - ORDINANCES - SECOND
READING - OCT. 10, 2023
in the XXXX Court,
was published in a newspaper by print in the issues of Miami
Daily Business Review f/k/a Miami Review on
09/29/2023
Affiant further says that the newspaper complies with all
legal for publication in chapter 50, Florida
o and subscribed before me~ s
29 day of SEPTEMBER, A.D. 2023
VILLAGE OF KSY BISCAYNE
OFFICE OF 'JHE VILLAGE CLERK
- PUBLIC NOTICE
GUILLERMO GARCIA personally known to me
Notice is hereby given that the following ordinances will• be considered on
Second Reading by the Village Council of the Village of Key Biscayne at a meeting
to be held on Tuesday, October 10, 2023 at 6:30 p.rn., in the Council Chamber,
·located at 560 Crandon Boulevard, Key Biscayne, Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
CREATING ARTICLE VIII OF CHAPTER 2 OF THE VILLAGE CODE
OF ORDINANCES_ ESTABLISHING SUPPLEMENTAL OPEN MEETING
PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING
THE EVALUATION AND APPRAISAL REPORT-BASED AMENDMENTS
TO THE COMPREHENSIVE PLAN; PROVIDING FOR TRANSMITTAL; ,
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND,
PROVIDING FOR AN EFFECTIVE DATE.
The proposed ordinances may be inspected by the public at the Office of
the Village Clerk, Interested parties may appear in person at the Public Hearing
and be heard with respect to the proposed .Ordinances. Any person,
wishing to address the Village Council on any item at this Public Hearing is
asked-to register with the Village Clerk prior to that item being heard.
In accordance with the.Americans with Disabilities Act of 1990, all persons
who are disabled and who need special accommodations to participate in.
this proceeding because of that disability should contact the Office of the
Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida
33149, telephone number (305) 365-5506, not later than· two .business days
prior to such proceeding.
Should any person desire to appeal any decision of the Village Council
.with respect to any matter to be considered at this meeting, that person
shall insure that a verbatim record of the proceedings is made including-an·
. testimony and evidence upon which any appeal may be based (F .S. 286.0105).
Comments of any interested party relative to this matter may be submitted
in writing via email to publiccomments@keybiscayne.fl.gov or presented in
person at the public hearing.
9/29
Jocelyn B. Koch, Village Clerk
23-36/0000685880M ;