Section 28-21.101 - Comprehensive PlanThe City of Key Colony Beach Comprehensive Plan, adopted on August 28, 1986 as Ordinance No. 215, is hereby supplemented with the following amendments:
(1) After the first policy on page 6-8, insert three new policies: (a) "Within six (6) months of the effective date of this Plan, the City, in cooperation with Monroe County and the Florida Department of Commerce shall endeavor to establish either an impact fee ordinance or an interlocal government agreement with Monroe County, or both, as necessary, to that will ensure that new development in the City provides its fair share to expand public facilities that the City receives from the County."(b) "Within one year of the effective date of this Plan, the City shall prepare with the necessary funding and assistance of the Florida Department of Commerce a total projected buildout study to determine if the existing roads will maintain a level of service C and if the sewage treatment plant will be able to service the projected demand. If the results of the study indicate that the infrastructure capacity is not adequate to meet the demands of future development, the City shall identify the funding required to expand these facilities, lower land use densities, or establish other mitigation strategies to offset the projected demand that would exceed the capacity of the existing infrastructure."(c) "Development shall not be permitted which exceeds the availability of adequate infrastructure."(2) After the sixth policy on page 6-12, insert the following new policies: (a) "Within one year of the effective date of this plan, the City shall review its Future Land Use Map and show any existing or proposed public facilities, park areas, designated marina areas, and any future expansion of the Business area."(b) "Within one year of the effective date of this plan, the City shall review its ordinances and revise them as necessary to bring them into conformance with this Plan."(3) After the fifth policy on page 7-7, insert the following new policies: (a) "The City will cooperate with Monroe County, the Florida Department of Environmental Protection, and other state and Federal agencies assisting in the county's water quality monitoring program to ensure that the individual and cumulative impacts of development do not degrade nearshore water quality."(b) "If, in the area of the city, a water quality problem exists, as defined by a failure to meet or exceed the standards established in Chapter 17-3, F.A.C., and if the degradation is determined to be caused by stormwater runoff; the city, in cooperation with the Florida Department of Environmental Protection and the South Florida Water Management District, shall adopt and codify in the code of ordinances or shall prepare a stormwater management plan. In either case, the ordinance or the plan shall be based on the results of the monitoring program and shall be consistent with Chapter 17-25, F.A.C."(c) "Marina Siting Policy. Applicants for development approval of commercial or residential marinas containing 3 or more slips on state-owned submerged lands, shall meet the requirements of the Florida Keys Marina and Dock-Siting Policies and Criteria, Rule 18-21.0041, F.A.C."(d) "For marina and docking facilities not subject to Rule 18-21.0041, F.A.C., the following criteria shall apply: (A) No docking facility shall be approved which requires dredging or filling to provide access. This restriction shall also apply to widening or deepening of any canal or channel, but not to the regular maintenance dredging of canal basins or channels, provided such maintenance does not exceed acceptable water depths.(B) No new or expanded marina or docking facility shall be located in water or less than - 4'' feet mean low water or directly over any grass bed, excluding grass beds in man-made canals, reef, or patch reef except for a main access walkway necessary to reach vessels docked in waters of at least - 4'' feet mean low water in order to allow for a minimum clearance of one foot between the deepest draft and the bottom.(C) When applying for docking facilities or marinas, applicants are encouraged to use coordinated permit review procedures."(4) After the second policy on page 7-8, insert the following new policies: (a) "Within six (6) months of the effective date of this Plan, the City shall clarify its relationship with the Monroe County Peacetime Emergency Plan with special consideration of the integration of the City and the County responsibilities with regard to hurricane preparedness, response, recovery, and mitigation; and shall act to adopt and incorporate appropriate policies into the Comprehensive Plan, the Code of Ordinances, or City emergency procedure guides."(b) "The City's policy is to recommend evacuation of all persons from the City when a hurricane threatens."(5) After the second policy on page 10-6, insert the following new policy: "The developers of all new developments involving the creation of twenty-five (25) or more permanent jobs (not including temporary jobs during construction) shall be required to make provision for adequate housing in the City or within a reasonable commuting distance to the City no later than six (6) months after the issuance of a certificate of occupancy for at least twenty-five percent (25%) of the employees who will fill the permanent jobs created by the development. For the purposes of this policy, the provision of adequate housing shall include the development of residential dwelling units and/or assistance, technical and financial, to any entity which develops or otherwise provides affordable housing units. Affordable housing means housing that costs no more than one third (1/3) of household income in households whose income is no more than 120 percent of the median household income for Monroe County as determined in the Florida Statistical Abstract."
Fla. Admin. Code Ann. R. 28-21.101
Rulemaking Authority 380.05(8) FS. Law Implemented 380.05(8), 380.0552(4) FS.