28-37.002. Comprehensive Plan

The City of Key West Comprehensive Plan, 1981, is incorporated by reference with the following amendments:

(1) Fiscal Structure and Economic Assumptions Element.

(a) Section I: Inventory and Analysis.

Page 2.0, add new page as follows:

Data found in this section were originally compiled prior to 1981. More current figures will be available no later than 1986 as part of the evaluation and appraisal report process required by Section 163.3191, F.S., to update this element of the Comprehensive Plan. This process will also involve information developed in planning studies prepared by the City of Key West Planning Department and the other revised elements of the Comprehensive Plan approved by the Administration Commission.

(b) Section II: Economic Assumptions.

Page 2.40, under F. Utilities and Services, delete the entire paragraph, and add:

Utilities and services are discussed in the Utilities and Public Services Element of the Comprehensive Plan. Problem areas are noted in the Fiscal Structure and Economic Assumptions, Traffic Circulation, and Utilities and Public Services Elements.

(c) Section III: Implementation Program.

Page 2.47, add under Other Funding Sources the following paragraph (insert as new paragraph after first paragraph):

In order to accommodate demand for public services it is reasonable to require that new and expanding development or redevelopment pay an equitable and proportionate share of the necessary improvements. Such payments should be in the form of land dedications, impact fees or similar requirements to be incorporated in an appropriate ordinance. The City will continue to develop and evaluate various planning studies to determine the capacities of public services and the sources of impacts on those services.

(2) Open Space and Recreation Element.

Section III: Implementation Program

Page 3.36, under I.

Replace “To the extent possible allocate local expenditures on recreation facilities that will” with “Ensure that the allocation of local expenditures on recreation facilities will.”

(3) Intergovernmental Coordination Element.

Section II: Goals, Objectives and Policies.

Page 4.8, add the following:

Policy 1.E. In cooperation with the Monroe County Waste Collection and Disposal District, establish criteria and regulations for the methods and location of the disposal of all solid waste and wastewater effluents and residuals.

Policy 1.F. Ensure that existing and future waste treatment and disposal sites are protected from encroachment by land uses which would endanger their functions or existence.

(4) Conservation/Coastal Zone Protection Element.

(a) Section II: Goals, Objectives, and Policies.

1. Page 5.19, Policy 2.I., line 3.

Delete “extensive”

2. Page 5.19, Policy 2.L.

Delete “unduly”

3. Page 5.20, Policy 2.N.

Add after “seagrasses” the words “and reestablishment of plant material.”

4. Page 5.20, Policy 3.A.

Replace “should” with “shall”

5. Page 5.20, Policy 3.B.

Replace “should” with “shall”

6. Page 5.20, Policy 3.C.

Replace “should” with “shall”

7. Page 5.20, Policy 3.D.

Replace “should” with “shall”

8. Page 5.20, Policy 3.E.

Replace “should” with “shall”

9. Page 5.21, Policy 3.F.

Delete existing wording, replace with “The sale of submerged lands for the purpose of obtaining fill material shall be prohibited.”

10. Page 5.21, Policy 3.H.

Replace “should” with “shall” in both sentences.

11. Page 5.21, Policy 3.I.

Replace “should” with “shall”

12. Page 5.21, Policy 3.J.

Replace “should” with “shall”

13. Page 5.24, Policy 6.F.

Delete “particularly” and replace “discouraged” with “prohibited”

14. Page 5.24, Policy 7.A.

Replace “encourage that” with “regulate” and delete “occur”

15. Page 5.24, add:

“7.C. Environmentally sensitive areas including but not limited to wetland communities, mangroves, salt ponds, and tropical hardwood hammocks, shall not be allocated a density in excess of one unit per acre. To the extent site alteration is permitted, in no event shall site alteration exceed 10% of the total site size.”

16. Page 5.25, Policy 8.E.

Add: The Old Island Restoration Commission (OIRC) shall recommend to the City appropriate standards and guidelines for the protection of the architectural heritage of the historic district. The City shall consider this recommendation, and, no later than July 1, 1985, by ordinance, adopt standards and guidelines for the protection of the architectural heritage of the historic district.

(b) Section III: Implementation Program.

1. Page 5.28, under “Existing Local Regulations, 2.”

Delete “Sp. Acts 69-1187”

2. Page 5.29, continuing under “Existing Local Regulations, 3., 4. and 5.”

Delete “ # 79-45”

Delete “ # 78-14”

Replace “Major Development Ordinance # 76-5” with “Community Impact Assessment Ordinance,” and add: “6. Landscape Ordinance.”

(5) Traffic Circulation Element.

Section I: Inventory and Analysis.

(a) New page 7.3a, add as follows:

Traffic Circulation System, 1984

The Florida Department of Transportation is presently helping the City deal with numerous circulation problems by designing and conducting a Comprehensive Traffic Circulation Study which will result in recommendations for (1) an immediate action plan which will define needed low cost improvements and safety recommendations, and (2) a long-range 1995 transportation plan responsive to anticipated growth in population, employment and tourism.

This effort, in conjunction with the planning studies prepared by the City of Key West Planning Department, as well as future reports, will be used by the City to evaluate the impacts of future development on the existing transportation system.

Current studies describe problems in the existing street network. To a large extent, especially in the historic district, roads are too narrow to serve as major or minor arterial routes. To address this issue, studies will be necessary to explore alternatives to right-of-way expansions, where expansions are not feasible in many areas.

(b) Page 7.18, Policy 2.C.

Replace “Encourage” with “Develop”

(c) New page 7.18a, add as follows:

Objective 4: Equitably distribute the cost of transportation system improvements.

Policies: 4.A. Develop a Capital Improvements Program with a transportation system component.

4.B. Where the City determines that applications for development approval will adversely impact the capacities of the transportation system, such approvals shall be withheld unless appropriate transportation system improvements are funded by some means, including but not limited to the option of development contributing its fair share to the necessary improvements.

(d) Add, new page 7.32, as follows:

New Development

The City will continue to study the impacts of new development on the existing transportation system. The Comprehensive Traffic Circulation Study, as well as other planning studies, may be used to identify current problem areas, and may serve as sources of information for the development of new funding sources by ordinances designed to equitably distribute the costs of transportation system improvements.

(6) Public Services and Utilities Element.

(a) Introductory Matter.

1. Page 8.2, add a new paragraph as follows:

The material found in this element is being revised by planning studies and the update process required by Section 163.3191, F.S. This information acknowledges the status of public utilities and services as they existed in 1981 and is retained for its historic significance. A study completed by the Key West City Planning Department in August, 1984, focused on problem areas continuing to face the City, such as water, sewer, solid waste, transportation, public safety, and electricity. The City will continue to revise all of this information as it works to document the capacities of existing public services.

2. Page 8.3, add new page as follows:

The planning studies prepared by the Planning Department specifically inventory several public services with respect to the impacts of future development on service capabilities. These studies and subsequent reports will be used as a basis for equitably distributing the costs of anticipated service improvements.

(b) Goals, Objectives, and Policies.

1. Page 8.21, Policy 1.D.

Replace “Encourage” with “Require”

2. Page 8.22

Insert Policy 2.D. – Establish, in coordination with Monroe County, criteria and regulations for the methods and location of the disposal of all solid waste and wastewater effluents and residuals.

3. Page 8.22

Insert Policy 2.E. – Develop and implement a Capital Improvement Plan to ensure adequate existing and future solid waste disposal. In doing so, develop standards for this public investment and identify viable funding.

4. Page 8.22, Policy 3.C.

Add sentence:

Coordinate with South Florida Water Management District for their review and comment on the proposals, where appropriate.

5. Page 8.23.

Insert Policy 4.D. – Protect existing and future waste treatment and disposal sites from encroachment by land uses which would endanger their functions or existence.

6. Page 8.23.

Insert Policy 4.E. – Establish, in coordination with Monroe County, criteria and regulations for the methods and location of the disposal of all solid waste and wastewater effluents and residuals.

7. Page 8.24a, add as follows:

Goal: Equitably distribute the cost of improved public services and utilities.

Objective 1: Equitably distribute the costs of services and utility expansions.

Policies:

1.A. The City will develop a Capital Improvement Program to address financing for necessary service and utility expansions.

1.B. Where the City determines that applications for development approval will adversely impact the capacities of utilities and services including, but not limited to water, sewer, solid waste disposal and transportation, such approvals shall be withheld unless appropriate utilities and service expansion are funded by some means, including but not limited to the option of development contributing its fair share to the necessary expansion cost.

(c) Section III: Implementation Program.

1. Page 8.26.

Under “Potable Water,” delete “Ordinance 76-5” and add “a Community Impact Assessment Ordinance”

2. Page 8.27.

Under “Wastewater Treatment,” delete “Ordinance 76-5” and add “a Community Impact Assessment Ordinance”

3. Page 8.28.

Under “Drainage and Flood Control,” delete the final sentence of the third paragraph.

4. Page 8.29.

Under “Site Design Criteria,” delete existing paragraph c., and insert the following paragraph c.:

Retention of runoff or discharge of such runoff shall be into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime.

5. Pages 8.30a and 8.30b.

Delete existing language, insert new definition.

Elevation

Buildings should have a minimum elevation as required by the base flood elevations in conformance with the Federal Flood Insurance Programs Flood Insurance Rate Maps (FIRM).

Following are building height regulations that will control future development and that will be incorporated into the City's development codes.

a. Definition of Building Height.

In a R-2H Zoning District, building height shall mean the vertical distance from the crown of the nearest adjacent street or the base flood elevation, whichever is higher, to the highest point of the proposed building.

In all other zoning districts, building height shall mean the vertical distance from the crown of the nearest adjacent street to the highest point of the proposed building.

Building height excludes elevator shafts, signs, antennas, ventilating shafts, air conditioning units and other non-living or nonleasable area, appurtenant structures, and incidental protrusions above the roof line. These exclusions shall be approved by the Building Department of the City of Key West.

b. Maximum Building Height.

	District	Height
	R-1	25
	R-1A	25
	R-1B	25
	R-2	40
	R-2H	40
	HP-1	30
	HP-2	35
	HP-3	30
	C-1	40
	C-2	40
	M-1	35
	M-2	35

c. The City Commission may allow buildings in excess of the Maximum Building Height as a special exception. Provided, however, in the HP-2 district an additional five feet of building height shall be allowed when the roof is of a pitch design, which roof shall be approved by the Old Island Restoration Commission. In addition to any other conditions imposed by law, including but not limited to Section XV, Appendix A, Code of Ordinances, on the granting of special exceptions and prior to the Board's approval of a special exception relating to height, written findings shall be made by the Board that:

1. Screening, buffering or massing of structures will mitigate the visual impact of height;

2. The height will be compatible with surrounding structures; and

3. The additional height supports the public interest and advances positive land use policy rather than mere economic convenience of the applicant.

d. Structure Design.

In no case should areas created by elevated buildings be used for living units or as occupied leasable area. Thus, area below bottom floors should be restricted to the following use:

1. Parking.

2. Storage.

3. Recreation.

4. Utility Rooms.

Bottom floors must comply with all relevant sections of the Federal Flood Insurance Program and the City of Key West Building Code.

6. Page 8.30c.

Delete paragraphs and lines up to, but not including, heading Solid Waste.

7. New page 8.33, add new section as follows:

System Improvements.

The City, as described in the Fiscal Structure and Economic Assumptions, will continue to assess various methods of funding necessary for system improvements. At a minimum, such methods may include the adoption of impact fees consistent with principles established by the Florida Supreme Court and the creation of special taxing or municipal service districts.

(7) Future Land Use Plan Element.

(a) Section I: Inventory and Analysis.

New page 9.16a, add the following:

The provision of transportation and public services will have significant effects on future land use patterns within the City. In order to properly assess those effects, it is necessary to continually review existing capacities for sewers, solid waste, public safety, electricity, water and transportation, as well as other services. When new growth necessitates expansion or replacement of different system components, the City will identify those needs and how such improvements can be financed.

(b) Section II: Goals, Objectives, and Policies.

1. Page 9.24.

Add Policy F. Promote traditional waterfront uses.

2. Page 9.25, Policy B. Replace “should” with “shall”.

3. New page 9.26a, add:

Objective 4: Develop a hurricane evacuation plan consistent with regional and county plans that provides an opportunity for residents and visitors to evacuate to a place of safety during a natural disaster.

Policies:

a. It shall be the policy of the City to develop and adopt a hurricane evacuation plan consistent with regional and county plans. This plan shall be developed and adopted within twelve (12) months of the adoption of a hurricane evacuation plan by Monroe County.

b. After the adoption of a hurricane evacuation plan, any development that contains habitable units and that also meets the threshold requirements of the Community Impact Assessment Ordinance shall include in the assessment a statement of:

(I) The manner in which residents are informed of the plan.

(II) The developer’s responsibility under the plan.

c. Where appropriate, all City, County, State, Federal and other public buildings shall be built so as to incorporate hurricane mitigation measures such that the building may serve as an approved hurricane shelter in times of emergency.

4. Page 9.27, Policy B.

a. Third line – delete “i.e.,” and insert “including, but not limited to,”

b. Fourth line – delete the number 78-14,

c. Fourth line – delete “Major Development,” and insert “Community Impact Assessment.”

d. Fifth line – delete numbers 76-5 and 69-29 and insert after Key West: “Tree Ordinance, Landscape Ordinance.”

5. Page 9.32

Second line of page – delete “Major Development” and insert “Community Impact Assessment.”

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05(8) FS. History–New 1-17-85, Formerly 27F-16.02, 27F-16.002.