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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. Page 2 of 3 .,/·--·····~ --~---- ~ 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 Page 3 of3 I 2 3 4 5 6 7 8 9 10 *** 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 13 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 2 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 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. *** 3 80 Figure 1 (Continued) 81 82 f«'or the Plfl-ftfl-i-ttg-J!ttiaa-+9-94--l-0 04 83 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. 94 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. 101 102 ;,..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. 104 105 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. 107 108 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. 111 112 &.-)_,__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. 118 119 ':/-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. 4 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 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 164 5 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 .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. 6 2 0 9 2 1 0 2 1 1 2 1 2 2 1 3 2 1 4 215 2 16 217 218 219 220 221 222 223 224 22 5 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 24 1 24 2 243 244 24 5 246 247 248 249 250 251 252 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. 7 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 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 2.5 282 283 284 285 286 287 288 289 290 291 292 293 294 295 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 27 8 279 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. 8 2 9 6 Policy 2.7.1 297 298 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. 304 305 ~J.§.;.()%.-f.AG-t,equirements and related policies are not applicable to Key 306 Biscayne: 307 308 309 310 3 I 1 312 313 314 315 316 317 318 319 320 321 322 323 324 325 32 6 327 328 329 • 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. 333 334 GOAL 3 IMPLEMENT GREENHOUSE GAS REDUCTION 335 336 Objective 3.1 Reduce energy use and greenhouse gas production 337 338 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 9 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 170 371 372 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 3.1.7 373 374 The Village shall maintain its network of bicycle lanes and pedestrian facilities 3 75 with specific consideration of connectivity to schools and public facilities. 376 3 77 Policy 3.1.8 378 379 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. 382 383 Objective 3.2 Implement greenhouse gas reduction strategies 384 385 The Village shall provide for policies within the land development regulations and 10 3 8 6 3 8 7 3 8 8 3 8 9 3 9 0 3 9 1 3 9 2 3 9 3 3 9 4 3 9 5 3 9 6 3 9 7 3 9 8 3 9 9 4 0 0 401 402 403 404 405 406 407 408 409 410 411 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. 11 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 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; 12 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 • 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. 13 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 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 14 538 539 540 541 542 543 544 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. 15 579 580 581 582 583 584 585 586 587 588 589 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. 16 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 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 17 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 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. 18 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 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 21 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 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 22 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 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 24 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 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 29 1125 l 126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 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 30 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 31 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 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 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 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 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 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 14 0 5 14 0 6 14 0 7 14 0 8 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 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 ;