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HomeMy WebLinkAboutR-85-0199J-85-244 2/28/85 RESOLUTION NO. 85-199 A RESOLUTION EXPRESSING THE CITY OF MIAMI'S SUPPORT OF THE GOALS AND OBJECTIVES OF THE PROPOSED DADE COUNTY SHORELINE DEVELOPMENT REVIEW ORDINANCE BUT OBJECTING TO THE PROPOSED METHOD AND MEANS OF IMPLEMENTATION OF THE PROPOSED ORDINANCE; FURTHER, URGING THE DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO REJECT THE PROPOSED ORDINANCE IN ITS PRESENT FORMAT; AND OFFERING THE CITY OF MIAMI'S FULL AND COMPLETE COOPERATION AND ASSISTANCE IN DEVELOPING AN ALTERNATIVE ORDINANCE THAT WOULD ACCOMPLISH THE SAME GOALS AND OBJECTIVES AS STATED IN THE PROPOSED ORDINANCE. WHEREAS, Metropolitan Dade County has proposed to enact an ordinance for the stated purposes of requlating and controlling future development along the shoreline Biscayne Bay; and WHEREAS, the proposed ordinance would establish an addi- tional level of bureaucratic review for all proposed development projects along Biscayne Bay at an added cost to the ultimate consumer and an extended review process for developers; and WHEREAS, the added layer of review would constitute an intrusion by Dade County into the traditional municipal functions of zoning and land use regulations by superseding existing City of Miami Charter and Code provisions; and WHEREAS, the City of Miami is supportive of and in agreement with the proposed ordinance's goals and objectives; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City of Miami hereby expresses its support of the goals and objectives of the proposed Dade County Shoreline Development Review Ordinance but objects to the i proposed method and means of implementation of the proposed ordinance. t Section 2. The Dade County Board of County Commissioners is hereby urged to reject the proposed ordinance in its present CITY CO MMIS$ION MEETING QF FEB a format and hereby offers the City of Miami's full and complete cooperation and assistance in developing an alternative ordinance that would accomplish the same goals and objectives as stated in the proposed ordinance. PASSED AND ADOPTED this 28th day of February , 1985. ATTEST: MAURICE A. FERRE (:: MAURICE A. FERRET MAYOR K-LPHfG. ONGIE ty Clerk PREPARED AND APPROVED BY: ROBERT F. CLARK Chief Deputy City Attorney AP ROVE yV�-.LM uvtwW City Attorney RFC/wpc; pb/044 ,FORM AND CORRECTNESS: A CITY OF MIAMI. FLORIDA 29 INTER -OFFICE MEMORANDUM TO; Randolph B. Rosencrantz DATE: February 21 , 1985 FILE: City Manager SUBJECT: Dade County's Proposed Shoreline Development ' Review Ordinance � r�1 � • REFERENCES: FROM: Walter L. Pierce.,''�" - �' Assistant City Manager ENCLOSURES: 1� Recommendation It -is recommended that the City Commission again go on record as opposing, in its present form, the proposed Shoreline Development Review Ordinance and, further, urging the Dade County Board of County Commissioners to reject the proposed ordinance and adopt in lieu thereof a measure which enacts minimum standards and criteria for County -wide application. Background This proposed ordinance, developed by the Dade County Planning Department at the request of the Biscayne Bay Management Committee, has evolved into its present form from a similar measure first made public approximately three years ago. The major intent of the ordinance is "... to provide a unified management system for the Biscayne Bay shoreline area that will preserve the basic qualities, characteristics, and the natural recreational and aesthetic values of the Biscayne Bay area..." Previously the City Commission, by motion, went on record as being opposed to the proposed ordinance. Since then a number of changes, mostly minor, have been made in response to questions posed and objections raised by other municipalities, the development industry and City of Miami staff. To recapitulate briefly, the proposed ordinance would cause the following major changes in the City's development review process for all properties either contiguous or in close proximity to the Biscayne Bay shoreline: 1. Another layer of review will be added for development projects with creation of the seven -member Biscayne Bay Shoreline Development Review Committee. (Please note that this committee will be appointed by the County Commission; the City of Miami, along with twelve other entities, will be permitted to recommend one candidate for membership.) 2. The City's Comprehensive Zoning Ordinance would be superseded by the proposed ordinance for properties situated within the review boundaries. In effect, the County would be mandating for the first time the review by a County agency of privately owned and non -County owned public projects within the municipalities. e • -2- 2. The City's Comprehensive Zoning Ordinance would be superseded by the proposed ordinance for properties situated within the review boundaries. In effect, the County would be mandating for the first time the review by a County agency of privately owned and non -County owned public projects within the municipalities. For the above reasons it is requested that the City Commission again indicate its opposition to the proposed Dade County ordinance. It is important to note that the City of Miami is not alone in its opposition. On February 14, 1985, the Dade League of Cities at its monthly meeting voted its objection and on February 20 the City Council of Miami Beach did likewise. It is also my understanding that most of the remaining affected municipalities have taken similar stances. In conclusion, it must be made clear that City staff has never had any objection to the goals and objectives of the proposed ordinance. We do object to the creation of an additional layer of bureaucratic review and the intrusion by Dade County into a traditional municipal function. For more than two years we have continuously urged Dade County to consider enacting a minimum standards ordinance that would be applied and enforced by the municipalities with Dade County retaining the right and responsibility for oversight; the County has consistently dismissed this request. P Ffo e ,JAEenda Item No. ORDINANCE ORDINANCE ENACTING ARTICLE 3, CHAPTER 33D, OF THE METROPOLITAN DADE COUNTY CODE; DESIGNATING THE SHORELINE DEVELOPMENT REVIEW BOUNDARY; ESTABLISHING A SHORELINE DEVELOPMENT COMMITTEE; DESCRIBING THE COMMITTEE'S RESPONSIBILITIES; PROVIDING REVIEW CRITERIA; PROVIDING FOR JUDICIAL REVIEW; PROVIDING A GRANDFATHER PROVISION; PROVIDING INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AIM PROVIDING EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA: Section 1 Legislative Intent A The Board of County Commissioners of Metropolitan Dade County, Florida, hereby declares that it is in the public interest to provide a unified management system for the Biscayne Bay shoreline area that will preserve the basic qualities, characteristics, and the natural, recreational and aesthetic values of the Biscayne Bay area, including the northern embayments of Dumfoundling Bay, Maule Lake and Little Maule Lake. In making this declaration the Board is mindful of its authority under its Home Rule Charter to prepare and enforce comprehensive plans for the development of Dade County; to establish, coordinate and enforce zoning as is necessary for the protection of the public; and to exercise all powers and privileges granted to 0*4 municipalities, counties and county offices by the consti- tution and law of the state, and all powers not prohibited by the constitution or by the charter, and to perform any other acts consistent with laws which are required by the Charter or which are in the common interest of the people of the County. In furtherance of its dutA.es and responsibilities under the Home Rule Charter, this Board has adopted the Comprehensive Development Master Plan to plan for and manage population growth in a manner compatible with preserving the natural environment, to protect natural and man-made amenities, and to improve the process of evaluat- ing development and redevelopment projects in order to achieve creative developments which are coordinated with services and to insure the harmonious relationship_ between man and his environment. t =t nda Iteia No. *e No. 2 In discharging its duties and responsibilities under the Home Rule Charter the Board has declared Biscayne Bay to be a County Aquatic Park and Conservation Area for the use and benefit of all citizens of Dade County and has adopted the Biscayne Bay Management Plan to address and resolve certain jurisdictional problems relating to shoreline management; to provide a wide array of water -oriented opportunities for the public -at -large at the water's edge; to enhance physical and visual access to Biscayne Bay and the northern embayments; to provide environmentally sound utilization of those water bodies; to maintain or enhance biological communities that are essential to the long-term viability of Biscayne Bay and the northern embayments; and to enhance Biscayne Bay's and the northern embayments' contribution to the economic health of the Dade County Community. In accordance with the provisions and recommendations of the Biscayne Bay Management Plan, the procedures and criteria included herein below are intended to achieve the following objectives: to preserve or enhance the natural, aesthetic and recrea- tional values of the Biscayne Bay Area to encourage the best use. of the water and shoreline area for the benefit, use and enjoyment of residents of and visitors to Metropolitan Dade County to provide the maximum amount of public visual and physical access to the water through the provision of mixed use facilities and places open to the public at large, such as, walkways, boardwalks, plazas, and observation areas along the shoreline to encourage new shoreline development along the waterfront _ to respect the coastal environment, and to orient or reorient shoreline uses and buildings to the water to avoid monotony in building heights and widths and . appearances along the developed areas of shoreline and, above all, to avoid further walling off of the shoreline through appropriate site preparation and landscape design to prevent the siting of uses along the bayshore that are incompatible with adjacent in -water and developed areas to encourage the retention and use of native plant materi- als along the shoreline s Agenda Item No. e No. 3 to provide landscaping in the viewing corridors and shore- line setback areas that focuses views toward the water.. - to create or recreate over the next few decades, a natural soft edge and greenbelt -like quality along the bay shore- line to plan and design new developments, or make improvements to existing developments, in a manner that will enhance the experience.of users and viewers from the street side, from the water, from within the development and overlooking the development to encourage the integration of existing historic struc- tures and features in new shoreline developments. This ordinance and all implementing resolutions adopted pursuant to this ordinance shall scply Countywide. Section 2 Definitions Ancillary Structure any structure other than the principal building on a lot or parcel which is subordinate to or not a part of the principal building. Basin Area a water area in Biscayne Bay defined by the mainland on the west, the barrier islands on the east, and causeways or natural banks on the north and south. Development the carrying out of any use permitted on land by applicable zoning regulations (i.e. Chapter 33 of the Code of Metropolitan Dade County, Florida, or municipal codes), or making any material change in the use or character of the upland or submerged land, including but not limited to the placement of structures on the upland, or on or over submerged lands. Development action any standard form Coastal Construction permit as defined in Chapter 24 of the Dade County Code or any plat approval; building permit; zoning permit or approval, rezoning or district boundary change; variance; special excep- tion; conditional permit; unusual use; special use permit or any other zoning action that would alter the outside configuration of any building, structure or ancillary structure or change the existing grade elevation or use of any parcel within the shore- line development review boundary. P= a document, area study or map prepared by a private or public entity for or at the request of, a unit of government. A da Item No. P No. 4 Such plans may include goals and objectives, policy statements, guidelines and recommended implementation methods. Such plan- ning shall include the land use master plan amendments as described in the Florida Local Government Comprehensive Planning Act (Florida Statutes, Chapter 163, Part 11) or may be related to specific functions and uses such as, but not limited to resource use, resources management, transportation, commercial or economic development and park plans. For purposes of this ordinance, this shall not include site or building plans which are submitted as part of an application for development action. Roadway any cleared, plowed, bulldozed, filled, graded, excavated, or artificially created paved or unpaved path or way on public property intended or used for the passage of vehicles. Shoreline the immediate interface of land and surface water body. Shoreline Development Review Boundary, defined by the nearest public roadway, or extension of such roadway alignment, paralleling the shoreline of Biscayne Bay and the northern embayments of Dumfoundling Bay, flaule Lake and Little Maule Lake and the Intracoastal Waterway from 11E 163 Street to the Broward County line. Where it is not feasible to follow existing road configurations or extensions of those alignments, zoning dis- trict boundaries shall be used to define the boundary. The boundary line shall extend southward from the Broward County line to the northern boundary of Biscayne National Park. The Board of County Commissioners hereby designates all land areas shown on Exhibit 1, certified by the Clerk of the Board as a paft of this ordinance and incorporated herein by reference, as the land areas lying within the Shoreline Development Review Boundary. The official chap shall be transmitted to the custody of the director of the Dade County Building and Zoning Depart- ment, and copies of the official map shall be filed with the Clerk of the Board. The Clerk of the Board shall submit to each + affected municipality a ropy of the official map which may from time to time be altered, enlarged, added to, amended or deleted by ordinance. Shoreline Setbacks the horizontal distance between the mean high line, or cap of the bulkhead or top of the riprap and a side of the principal building or accessory structures. to* Site Plan a document including the following information: location of lot lines and setbacksi location, shape, size and height of structures, decorative walls and entrance features: location of on -site and off-street parking, loading facilities, IJ Agenda item No. e No. 5 service areas, and waste collection areas; location of all streets, alleys, driveways, pedestrian ways, and sidewalks. Visual Corridor an unobstructed area extending from a public right-of-way to the shoreline which is retained at grade and landscaped in such a manner as to permit and encourage views of the water. Water Related Uses uses which are not directly dependent upon access to a water body, but which are designed to encour- age views, public use and enjoyment of the water's edge, such as restaurants, outdoor cafes and boat rental facilities. Water Dependent Uses a use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to a water body for waterborne transportation, energy production or source of water. Section 3 Shoreline Development Review Committee 1. There is hereby established a Biscayne Bay Shoreline Development Review Committee composed of seven members, who shall be recognized professionals in one or more of the follow- ing fields: architecture, landscape architecture and urban design. The Board of County Commissioners shall invite the Institute of American Architects, the American Planning Associa- tion, the American Society of Landscape Architects, and the cities of Bay Harbor Island, Miami, Miami Beach, Coral Gables, Miami Shores, Bal Harbour, North Miami, North Miami Beach, North Bay Village, and Surfside to submit one recommended candidate for membership on this Committee. 2. Four members shall be appointed by the Board of County Commissioners to serve for two years and three shall be appoint- ed to serve three years. At the end of the initial two year period successors to the initial two year appointments shall be appointed for three years. The process of appointment and other requirements of Article IB Section 2-11-36 - 2-11.40 of the Dade County Code shall be followed. At its first meeting in each calendar year, the Committee shall elect a chairman and a vice chairman by a simple majority vote as long as a quorum of five members is present. In all other actions taken by the Committee a quorum of five members and a minimum of four affirmative votes shall be required for the passage of any motion. �\ 3. The County Manager shall designate a person to serve as the County staff coordinator for the Committee. Administra- tive and secretarial staff shall be provided by the County. A anda Item No. Pa No. 6 For all proposed development actions and plans located within unincorporated Dade County, the following Metropolitan Dade County departments shall provide the staff reviews: Building and Zoning, Environmental Resources Management, Park and Recrea- tion, Planning and Public Works. These departments shall also provide similar professional staff support for any municipality which has not submitted a memorandum of agreement to the County in accordance with the provisions of Section 6 hereinbelow. Section 4 Res onsibilities of the Shoreline Development Review omm ttee The Shoreline Development Review Committee responsibilities shall include the following: 1. Provide a timely review of plans and applications for development action within the Shoreline Development Review Boundary in accordance with procedures described in implementing resolutions and/or memoranda of agreement adopted pursuant to this ordinance. This review shall apply to proposed development actions which fall within the following thresholds: a. Residential developments except single family or duplex, and all business, commercial, industrial, recreational, entertainment, cultural and governmental uses that directly abut the shoreline within the Shoreline Development Review Boundary b. Residential developments except single family or duplex, and all business, commercial, industrial, recreational, cultural, entertainment and governmental uses that occur on a minimum of one acre or which have 30 units or more, and are located within the Shoreline Development Review Boundary but not abutting the shoreline C. Standard form coastal construction activities as described in Chapter 24 of the Dade County Code, which meet or exceed one of the following thresholds: 1) Boat docking facilities containing at least 50 new or additional slips, or 2) Boat docking facilities, other than single family residential which do not meet the side setback or exceed the waterward projection criteria as set forth in Section D-5 of the Metropolitan Dade County Public Works Manual or any comparable section of a municipal code or public works. manual, or t r A►da Item too. P._.,a No. 7 3) The installation or construction of floating structure(s) other than floating docks, or . 04 4) The installation or construction of a fixed structure(s) above proposed or existing docks or piles requiring a Class 1 Coastal Permit public hearing. d. Plans for any site or area which lies wholly or partially within the Shoreline Development Review Boundary. 2. Determine whether and the extent to which: a. Any plan or development action as proposed, conforms to the Dade County Comprehensive Development Master Plan as amended from time to time, any applicable municipal master plan as may be amended from time to time, and Biscayne Bay Management Plan as may be amended from time to time and is otherwise compatible with the existing area, and surrounding in -water and upland natural features. b. Any plan, or development action, as proposed, is consistent with the Biscayne Bay Aquatic Preserve Act (Florida Statutes, Chapter 258.165) as may be amended from time to time, and rules, plans and criteria adopted pursuant to that Act. C. Any plan, or development action, as proposed, is consistent with applicable County or municipal codes and the extent to which departure from said codes would be required to meet the intent of this ordinance. d. Any plan, or development action as proposed, is consistent with all applicable criteria contained in Section 8 hereinbelow and guidelines and minimum standards set forth in implementing resolutions adopted pursuant to the ordinance. 3. Review and consider County or municipal staff's evaluation in formulating its recommendation(s) on any proposed plan or development action application at an advertised public meeting and may consider germaine presentations by interested parties. 4. Instruct the County staff coordinator to send a report of its recommendations including a written statement, signed by the Chairman, or administrative staff member at the order of the Chairman or Vice Chairman, detailing the reasons *for those Aft.ftftda Item No. ' i,�.Mr,e No. 8 0 ON recommendations to the Board of County Commissioners or other applicable board of Metropolitan Dade County, or to the applica- ble board of the municipal governing body, or to the County or municipal official vested with the administrative authority to grant the development action or plan approval being sought. This report of the Committee's recommendations shall become part of all hearing or permit records on the proposed development action. 5. From time to time shall recommend revisions of the Shoreline Development Review Manual contained in implementing resolutions adopted pursuant to this ordinance to the Board of County Commissioners; and develop additional guidelines and minimum standards as may be required for the expeditious review of applications for development actions or plans within the Shoreline Development Review Boundary. Section 5 Responsibilities of the Executive Council of the Metro -Dade County Developmental ImpacE Committee The Executive Council of the Metro -Dade Developmental Impact Committee responsibilities shall include the following: 1. Provide a timely review whereby a determination of need for compliance can be made regarding applications for development actions within the Shoreline Development Review Boundary, based on the standards and procedures in implementing resolutions adopted pursuant to this ordinance. 2. Provide a timely review whereby a determination of vested rights can be made regarding applications for development actions within the Shoreline Development Review Boundary, based on Section 10 hereinbelow and procedures in implementing resolu- tions adopted pursuant to this ordinance. Section 6 Memoranda of Agreement 1. This ordinance and all implementing resolutions adopted pursuant to this ordinance shall apply Countywide. However, any affected municipality may elect to develop a memorandum of agreement with Metropolitan Dade County identify- ing its professional capability to provide the staff review in accordance with the intent and requirements of this ordinance, plus any implementing resolutions pertaining to standards and criteria adopted pursuant to this ordinance. Any such memoranda of agreement shall identify the person or office within the municipality that will be responsible for coordination of the municipality's shoreline development review and shall specify the procedures and time frames to be used by the municipality. The memorandum shall be evaluated by the Shoreline Development A 0 Ada Item* N6, �'+e,No. 9 Review Committee prior to submittal to the Board of County Commissioners for action and shall be reviewed bi-annually thereafter. The evaluation of the Shoreline Development Review Committee shall be forwarded to the Commission together with the memorandum of agreement. Section 7 Municipal and/o ties — )f f icial' s ' li- For any application for development action which is located within the Shoreline Development Review Boundary, and meets the thresholds described in Section 4 hereinabove, the municipal or County official responsible for accepting the application for development action, as well as the applicant for the same shall notify the County staff coordinator in writing at the time of filing the application for development action within the city or County. Said notification from the city of County official shall include a copy of the development action application and a statement certifying that no final development action permit or approval shall be issued by the city or County until the review described herein and in implementing resolutions adopted pursu- ant to this ordinance has been completed or terminated. Section 8 Shoreline Development Action Review Criteria The Shoreline Development Review Committee's evaluation of proposed development actions and plans within the Shoreline Development Review Boundary shall be done in accordance with Section 1 hereinabove, the criteria contained hereinbelow. The guidelines and minimum standards in the Shoreline Development Review Manual, contained in implementing resolutions adopted pursuant to this ordinance shall also be used by the Committee to provide consistency in this review process. These criteria and the guidelines and minimum standards contained in the Shoreline Development Review Manual shall apply Countywide within the Shoreline Development Review Boundary. A. Shoreline Setbacks 1. The minimum shoreline setback shall be twenty-five (25) feet for building elevations not exceeding thirty-five feet in height measured vertically from the mean high water line to top of the building parapet The shoreline setback shall be measured from the water side of the cap of the bulkhead, seawall or the top of the riprap (where said riprap has been placed in accordance with the provisions of Chapter 24 of the Dade County Code) or from the mean high water line as defined in Chapter 177, Part 2, Florida Statutes, where no bulkhead, seawall or riprap exists. ,&. AAII"-nda Item No. Pose No. 10 2. For building elevations exceeding thirty-five (35) feet in height measured vertically from the mean high water line to the top of the building parapet, the minimum shoreline set- back shall be increased by fifty percent of the additional height of the building to a maximum setback of seventy-five (75) feet. Said setbacks shall be measured from the water side of the cap of the bulkhead, seawall or the top of the riprap where said riprap has been placed in accordance with the provisions of Chapter 24 of the Dade County Code or from the mean high water line as defined in Chapter 177, Part 2, Florida Statutes, where no bulkhead, seawall or riprap exists. 3. No buildings, accessory uses, below ground structures, ancillary structures or other uses shall be allowed in the set- back area described hereinabove. However, if public shoreline walkways are provided, along with covenants and provisions to ensure public use and maintenance of these walkways in ... perpetuity, then the Committee may recommend that the shoreline setback be decreased. Design of all shoreline walkways shall be in conformance with the guidelines in the Shoreline Development Review Manual in implementing resolutions adopted pursuant to this ordinance. The Shoreline Development Review Committee shall review the status of all setback areas every two years and shall petition the appropriate local government(s) to acquire, devel- op, maintain and assume liability for portions of the public shoreline walkway as it becomes feasible. Design of the shore- line walkway shall be in conformance with the guidelines in the Shoreline Development Review Manual in the implementing resolu- tion adopted pursuant to this ordinance. B. Visual Corridors 1. Where a lot or parcel is located between the shoreline y and a public roadway; an unimpeded visual corridor to the Biscayne Bay, of twenty percent of the width of the lot (up to one hundred (100) feet maximum) shall be provided on one side of the parcel. The minimum width of said visual corridor shall be twenty (20) feet. Parking, accessory or ancillary structures shall not be permitted in said viewing corridor. Landscaping shall be used to promote views of the water as seen by a person standing beside, or on the public roadway and to enhance the view of the land as seen from the water. 2. Where a parcel is located adjacent to a street that dead -ends at the shoreline, the applicant may be given credit for half of the right-of-way in calculating the visual corridor A*, Amanda Item No. P. je No. 10 2. For building elevations exceeding thirty-five (35) feet in height measured vertically from the mean high water line to the top of the building parapet, the minimum shoreline set- back shall be increased by fifty percent of the additional height of the building to a maximum setback of seventy-five (75) feet. Said setbacks shall be measured from the water side of the cap of the bulkhead, seawall or the top of the riprap where said riprap has been placed in accordance with the provisions of Chapter 24 of the Dade County Code or from the mean high water line as defined in Chapter 177, Part 2, Florida Statutes, where no bulkhead, seawall or riprap exists. 3. No buildings, accessory uses, below ground structures, ancillary structures or other uses shall be allowed in the set- back area described hereinabove. However, if public shoreline walkways are provided, along with covenants and provisions to ensure public use and maintenance of these walkways in Awl perpetuity, then the Committee may recommend that the shoreline setback be decreased. Design of all shoreline walkways shall be in conformance with the guidelines in the Shoreline Development Review Manual in implementing resolutions adopted pursuant to this ordinance. The Shoreline Development Review Committee shall review the status of all setback areas every two years and shall petition the appropriate local government(s) to acquire, devel- op, maintain and assume liability for portions of the public shoreline walkway as it becomes feasible. Design of the shore- line walkway shall be in conformance with the guidelines in the Shoreline Development Review Manual in the implementing resolu- ^ tion adopted pursuant to this ordinance. B. Visual Corridors 1. Where a lot or parcel is located between the shoreline and a public roadway; an unimpeded visual corridor to the Biscayne Bay, of twenty percent of the width of the lot (up to one hundred (100) feet maximum) shall be provided on one side of the parcel. The minimum width of said visual corridor shall be twenty (20) feet. Parking, accessory or ancillary structures shall not be permitted in said viewing corridor. Landscaping shall be used to promote views of the water as seen by a person standing beside, or on the public roadway and to enhance the view of the land as seen from the water. 2. Where a parcel is located adjacent to a street that dead -ends at the shoreline, the applicant may be given credit for half of the right-of-way in calculating the visual corridors Adatida item No. NO. 11 L z do width if facilities such as docks, piers or observation decks open to the general public are provided with appropriate provi- sions for their maintenance. C. Side Setbacks and Side Street Setbacks Minimum side setbacks for all structures shall be deter- mined by a sixty three degree (63°) line projected from the side property line(s) or side street property line(s) upward towards the center of the site; provided however, that no structures shall be permitted to be closer than twenty-five (25) feet to the side property line(s) or side street property line(s) and further provided that the shoreline setbacks and visual corri- dors required herein above are adhered to. D. Exceptions Ar Whenever adherence to the criteria contained in Section 8, A-C hereinabove and/or the guidelines and minimum standards in the Shoreline Review Manual is in conflict with existing County or municipal codes, and not withstanding the provisions of those codes, the Shoreline Development Review Committee shall recom- mend one or more of the following actions: 1. that a waiver or variance of municipal or County code(s) be sought to provide the required shoreline and side setback and visual corridor; 2. that additional public amenities such as a shoreline walkway, parks, docks, fishing piers, boardwalks, or viewing of platforms be provided on site or at an adjacent public right- of-way and that appropriate provisions for maintenance of said facilities in perpetuity be made; 3. that a connection be provided and maintained between existing public shoreline access facilities across or around the proposed development or along an existing right-of-way. If none of the above actions is deemed appropriate by the Shoreline Review Committee, then the Committee shall recommend that improvement of shoreline access for the general public be provided at a specified nearby public site or right-of-way either through contributions of land and/or material or through contribution to the Biscayne Bay Environmental Enhancement Trust Fund for the purpose of providing public access to the shoreline within the Shoreline Development Review Boundary. Said access site(s) should preferentially be within one-half mile of the proposed development site and within the same shoreline basin area. da Item No. W 0No. 12 Section 9 Judicial Review 1. Whenever any municipal or County authority renders or issues any ordinance, resolution, permit or order in regard to' any development action which meets the thresholds set forth in Section 4 hereinabove or plan within the Shoreline Development Review Boundary, a copy of such ordinance, resolution, permit or order shall be submitted forthwith to the County staff coordina- tor of the Shoreline Development Review Committee. It shall be the duty of the County staff coordinator to place the matter before the Committee as soon as is reasonably practical, and in any event not less than 20 days from the rendition of the ordinance, resolution, permit or order. At its meeting, the Committee shall consider whether, and the extent to which, the municipal or County authority has departed from the require- ments of this ordinance. Where it appears that the action of the municipal or County authority is substantially contrary to the Committee's recommendations and report, the Committee may authorize the filing of appropriate judicial proceedings in the Circuit Court for the Eleventh Judicial Circuit in and for Dade County, Florida, to contest the action of the County or munici- pal authority. Section 10 Exemptions and Vested Rights 1. Exemptions a. The provisions of this Ordinance shall not apply to an application for development action to the extent that the land affected by said application is subject to a site plan, declaration of restrictions or similar agreement, covenant or other criteria or parameters governing land development which has been lawfully issued, adopted or approved prior to the effective date of this Ordinance by the Board of County Commis- sioners, the Zoning Appeals Board, the applicable board of a municipal governing body, an administrative official having authority under applicable ordinance or regulation, or a court of competent jurisdiction. The exemption provided in this subsection shall have continuing effect where the development proceeds in substantial compliance with the subject approval and said approval has not lapsed, expired, been revoked or otherwise rendered invalid. b. The provisions of this Ordinance shall not apply �. to an application to modify or amend an approval granted prior to the effective date of this Ordinance pursuant to* subsection 10(1)(a) herein, where the Executive Council of the Dade County Development Impact Committee finds and determines in accordance ti - A nda Item No. Pe No. 13 with Section 5 herein that the requested modification or amend- ment will not alter the immediate Bay shoreline, will not alter the physical or visual character of the shoreline setback area or the potential of that area to accommodate a'shoreline walkway at some future time, or will not alter the character of the side setback in such a way as to diminish the use of that area as an existing or future visual or physical access corridor to the Bay shoreline. 2. Vested Rights a. Nothing contained herein shall be construed as depriving an applicant of lawfully vested rights. It shall be the duty and responsibility of the applicant alleging vested rights to affirmatively demonstrate the legal requisites of vested rights. Any person who claims a vested right to develop property contrary to this Ordinance may submit an application for a determination of vested rights to the Executive Council of the Dade County Developmental Impact Committee together with a sworn affidavit setting forth the facts upon which the appli- cant bases his claim for vested rights. In addition to any other submission required by the DIC, the applicant shall include copies of any contracts, letters and other documents upon which a claim of vested rights is based. The mere exis- tence of zoning prior to the effective date of this ordinance shall not vest rights. b. The Executive Council of the DIC shall review the application as provided in Section 5 of this ordinance and implementing resolutions adopted pursuant to this ordinance and determine whether the applicant has demonstrated: (I) An act of development approval by an agency n of Metropolitan Dade County or an applicable municipal governing body, � (2) Upon which the developer has in �P p good faith relied to his detriment, (3) Such that it would be highly inequitable to n= deny the landowner the right to complete the previously approved =r development. Section 11 Implementing Resolutions The Board of County Commissioners is hereby authorized to adopt by resolution such shoreline development review procedures and shoreline development review manual as may be reasonable and necessary to implement the provisions of this ordinance. Awda Ytem No. F ,e No. 14 Section 12 Severability Should any provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of the ordinance as a whole or any part thereof other than the part declared to be invalid. Section 13 Inclusion in the Code It is the intention of the County Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Metropolitan Dade County, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section," or other appropriate word. Section 14 Effective Date The provisions of this ordinance shall become effective thirty (30) days after the date of its enactment. PASSED AND ADOPTED: Approved by County Attorney as to form and legal Sufficiency ID# 08/na �2 tfbda Item No. 0 0+", RESOLUTION NO. APPROVING SHORELINE DEVELOPMENT REVIEW PROCEDURES TO BE USED IN IMPLEMENTING ARTICLE 3, CHAPTER 33D OF THE METROPOLITAN DADE COUNTY CODE WHEREAS, the Board of County Commissioners of Metropolitan Dade County, Florida has enacted Article 3, Chapter 33D of the Metropolitan Dade County Code establishing a Shoreline Development Review Committee, describing the Committee's responsibilities, and establishing the Shoreline Development Review Boundary and cri- teria, and providing for judicial review; and WHEREAS, the Shoreline Development Review Procedures (Attach- ment A) will assist the Committee in carrying out its duties as described in Article 3, Chapter 33D of the Metropolitan Dade County Code; and WHEREAS, the Shoreline Development Review Procedures (Attach- ment A) will provide the Shoreline Development Review Committee with a basis for achieving the intent of Article 3, Chapter 33D of the Metropolitan Dade County Code in a consistent manner while at the same time providing the Committee with the flexibility to exercise its best professional judgment, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF METROPOLITAN DADE COUNTY, FLORIDA, that the Board approves the Shoreline Development Review Procedures (Attachment A) which is hereby incorporated by reference. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Barbara M. Carey Clara Oesterle Beverly B. Phillips James F. Redford, Jr. Harvey Ruvin Barry D. Schreiber Jorge E. Valdes Sherman S. Winn Stephen P. Clark 0 Agenda Item No. The Mayor thereupon declared the resolution duly passed and adopted this day of , 1984. Approved by County Attorney as to form and legal Sufficiency. ID$ 509/na DADE COUNTY FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS RICHARD P. BRINKER, CLERK By - Deputy Clerk a R ATTACHMENT A yf, SHORELINE DEVELOPMENT REVIEW PROCEDURES Section A. Procedures for Reviewing Proposed Applications for Develop - went Action. 1. For any application for development action which is located within the Shoreline Development Review Boundary, and meets the thres- holds described in Article III, Chapter 33D of the Metropolitan Dade County Code, the municipal or County official responsible for accepting the application for development action, as well as the applicant for the same shall notify the County staff coordinator in writing at the time of filing the application for development action within the city or County. Said notification from the city or County official shall include a copy of the development action application and a statement certifying that no final development action permit or approval shall be issued by the city or County until the review described in Article III, Chapter 33D of the Metro- politan Dade County Code and the process described hereinbeiow has been completed or terminated. 3;. 2. Within ten working days of receipt of the notification and copy of the application for development action, the Executive Council of the Metro -Dade County Developmental Impact Committee as described in Chapter 33A of the Metropolitan Dade County Code, shall meet to • determine whether the proposed development action shall be required to be reviewed in accordance with the provisions of Article III, Chapter 33D of the Metropolitan Dade County Code. The Executive Council may determine that a proposed development action will not need to comply with the review described herein below if the pro- posed development action does not fall within the thresholds con- tained in Section 4-1 of Article III, Chapter 33D and Chapter 33B-29 4 2 of the Metropolitan Dade County Code, or if the proposed development action will not alter the immediate Bay shoreline in any way; will not alter the physical or visual character of the shoreline setback area or the potential of that area to accommodate a shoreline walkway at some future time; and will not alter the physical or visual character of the aide setback in such a way as to diminish tom:# the use of that area as an existing or future visual or physical access corridor to the Bay shoreline. 3. If an applicant requests that a determination of vested rights be made, then at the meeting of the Executive Council of the Metro -Dade County Development Impact Committee as described in Section A.2 hereinabove, the Executive Council shall review the applicant's determination of vested rights application and attendant documents as required in Section 10.2.b. of Article III, Chapter 33D of the Metropolitan Dade County Code. The Executive Council will determine whether the applicant does in fact have vested rights. ."s ATTACHMENT A SHORELINE DEVELOPMENT REVIEW PROCEDURES Section A. Procedures for Reviewing Proposed Applications for Develop- ment Action. 1. For any application for development action which is located within the Shoreline Development Review Boundary, and meats the three - holds described in Article III, Chapter 33D of the Metropolitan Dade County Code, the municipal or County official responsible for ti accepting the application for development action, as well as the applicant for the same shall notify the County staff coordinator in writing at the time of filing the application for development action within the city or County. Said notification from the city or County official shall include a copy of the development action application and a statement certifying that no final development action permit or approval shall be issued by the city or County until the review described in Article III, Chapter 33D of the Metro- politan Dade County Code and the process described herainbelow has been completed or terminated. 2. Within tan working days of receipt of the notification and copy of the application for development action, the Executive Council of the Metro -Dade County Developmental Impact Committee as described in Chapter 33A of the Metropolitan Dade County Code, shall meet to determine whether the proposed development action shall be required to be reviewed in accordance with the provisions of Article III, Chapter 33D of the Metropolitan Dade County Code. The Executive Council may determine that a proposed development action will not need to comply with the review described herein below if the pro- posed development action does not fall within the thresholds con- tained in Section 4-1 of Article 111, Chapter 33D and Chapter 33B-29 of the Metropolitan Dade County Code, or if the proposed development action will not alter the immediate Bay shoreline in any way; will not alter the physical or visual character of the shoreline setback area or the potential of that area to accommodate a shoreline walkway at some future time; and will not alter the physical or visual character of the side setback in such a way as to diminish the use of that area as an existing or future visual or physical access corridor to the Bay shoreline. 3. If an applicant requests that a determination of vested rights be made, then at the meeting of the Executive Council of the Metro -Dade County Development Impact Committee as described in Section A. 2 hereinabove, the Executive Council shall review the applicant's determination of vested rights application and attendant documents as required in Section 10.2.b. of Article III, Chapter 33D of the Metropolitan Dade County Code. The Executive Council will determine whether the applicant does in fact have vested rights. -A Amda Si ..Ju.1::J a..Ci �ka��• SHORELINE DEVELOPMENT REVIEW PROCEDURES Page 2 3 l 4. Within two working days of the Executive Council's determination of the applicant's need to comply and/or vested rights determination y`. the County staff coordinator shall inform the applicant and the ` County or municipal official responsible for accepting the applica- tiou for development action of the Executive Council's determina- ' tion. When a proposed development action is within a municipality that has entered into a memorandum of agreement as specified in ta` Section 6-1 of Article III, Chapter 33D of the Metropolitan Dade County Code, the County staff coordinator shall also inform the person or agency responsible for coordinating that municipality's shoreline development review process of the Executive Council's determination. 5. Prior to submitting an application for development action to the appropriate County or municipal agency or official, the applicant may submit the proposed development action to the Executive Council for an informal determination of need for compliance. In such a cases, the Executive Council shall make its determination at its next regularly scheduled meeting, provided said meeting is at least ten days following submittal of the proposed development action to j the County staff coordinator. A 6. For all projects reviewed by the County, within ten working days of the Executive Council's determination that a proposed development action will need to comply with the provisions of this ordinance the County staff coordinator shall inform the applicant which parts of the following information shall be required to complete the shore- line development review: a. Documentation of zoning and ownership of the parcel, including all uplands and submerged lands. b. A brief description of all major elements of the project that require coastal construction, building, zoning, or site plan permits or approvals, indicating approving agency, type of approval, date of request (or anticipated date of application) for all required local, regional, state and federal approvals. C. A site plan including the following information: location of lot lines and setbacks; location, shape, size and height of existing and proposed buildings, structures and accessory structures, decorative walls and entrance features; location of on -site and off-street parking, loading facilities, service areas, and waste collection areas;' location of all streets, alleys, driveways, pedestrian ways, and sidewalks. d. Floor plans and elevations of all buildings, structures, and accessory structures. e. A survey showing the location and height of all existing buildings, trees, natural and archeological features. f. A landscape plan including the location of all existing and proposed trees and all proposed fences, decorative walls, P ^N j'y PON SHORELINE DEVELOPMENT REVIEW PROCEDURES Page 3 berms, landscaped areas, and buffers. Location of all public spaces and visual corridors plus landscaping, materials and outdoor furniture to be used in public and private areas along the shoreline. Wherever applicable, site and landscaping plans should indicate how all historic or archeological features will be incorporated into the site plan. g. Figures indicating the fllowing: gross and net- acreage; amount of landscaped open space in square feet required and provided; amount of building coverage at ground level in square feet; total trees and shade canopy required and provided; parking required and provided; total amount of paved area in square feet; such other design data as may be needed to evaluate the project. h. Any additional information determined to be necessary for the Shoreline Development Review Committee to carry out its responsibilities. 7. For all projects reviewed by the County, upon receipt of the re- quired fees per fee schedule promulgated by an administrative order approved by the Board of County Commissioners and the information requested as specified in Section A-6 hereinabove, the County staff coordinator shall distribute the information provided by the appli- cant pursuant to the requirements of Section A-6 hereinabove to all members of the Shoreline Development Review Committee and schedule and advertise a meeting of the Shoreline Development Review Commit- tee to be held within twenty working days. If a proposed develop- ment action also meet the provisions or satisfies the standards pertaining to a Development of County Impact or a standard form coastal construction activity as set forth in Chapters 33-303.1. 33A, or 24 of the Metropolitan Dade County Code, then the schedule for processing an application under those sections of the County code shall apply. 8. For projects reviewed by any shoreline municipality under a memoran- dum of agreement as specified in Section 6-1 of Article III, Chapter 33D of the Metropolitan Dade County Code, the person or agency responsible for coordinating the review shall request that the County staff coordinator schedule and advertise a meeting of the Shoreline Development Review Committee. 9. At its advertised meeting, The Shoreline Development Review Commit- tee shall review and consider the County'or municipal staff evalua- tion in formulating its recommendations) on any proposed plan development action application at an advertised public meeting. The Committee may also consider informed presentations by any interested parties. 10. Within five working days of the Shoreline Development Review Commit- tee's action the County staff coordinator shall send a report of the Committee's recommendation including the written statement of the reasons for the Committee's recommendation (a), signed by the Chair- man or Vice -Chairman together with a copy of the County or municipal P Al ..y SHORELINE DEVELOPMENT REVIEW -PROCEDURES Page 4 staff evaluation and a list of all additional permits that will be required to complete the proposed development action to the appli- cant and to one or more of the following with the stipulation that the recommendation become part of all hearing or permit records on the proposed development action: a. The Board of County Commissioners or other applicable board of Metropolitan Dade County having jurisdiction over any applica- tion for a development action or plan approved or adopted which would require a public hearing under other applicable Dade County ordinances. b. The applicable board of the municipal governing body for any application for development action or plan adopted or approved (on property within the municipal limits) that would require a public hearing under applicable chapters or sections of that municipality's code, ordinances or special acts. C. The County or municipal official vested with the administrative authority to grant the development action or plan approval being sought, when such approval would not require a public hearing under either County or municipal ordinances and special acts. Section B. Shoreline Plan Review Procedures 1. For any plans that are developed for lands that fall totally or partially within the Shoreline Development Review Boundary, the County or municipal official responsible for developing or adminis- tering the preparation of such plans shall notify the County staff coordinator when the plan is released for public review and comment, but at least 40 working days before the plan is scheduled for its first hearing before any public County or municipal body, and shall supply the staff coordinator with ten copies of the plan and a summary review of the plan with staff's recommendation regarding further action on the plan. 2. Within five working days of the receipt of any plan the County staff coordinator shall: a) schedule and advertise a plan evaluation meeting of the Shoreline Development Review Committee within 15 working days; b) send the responsible city or County official a copy of the procedures described herein and meeting notification; and c) distribute said plans to the Shoreline Development Review Committee and the Dade County Planning Department. 3. At the meeting of the Shoreline Development Review Committee, scheduled according to the provisions of Section B-2 hereinabove, the Committee shall determine whether the plan must comply with the procedures and requirements of this ordinance. In making its "Determination for Need for Compliance," the Committee may determine that a proposed plan need not comply with the review mandated herein upon a finding that the implementation of proposed plan: (a) would not alter the ability of Metropolitan Dade County or any shoreline municipality to achieve the intent of Article III, Chapter 33D of PAL SHORELINE DEVELOPMENT REVIEW PROCEDURES Page 5 the Metropolitan Dade County Code and (b) would not physically or visually alter the shoreline of Biscayne Bay or the ability of the A public at large to view, gain access to and use that shoreline area. 4. If the Committee determines that the plan does not have to comply with the provisions and requirements of this ordinance, then the County staff coordinator shall notify the County or municipal official responsible for developing or administering the preparation of the plan, in writing, within 2 working days of the Committee meeting, that this process has been terminated. 5. If the Committee determines that the plan does have to comply with the provisions and requirements of this ordinance, then the Shore- line Development Review Committee shall formulate its plan recommen- dation report to the appropriate County or municipal board or official or schedule an advertised meeting within 20 working days for the purpose of formulating said recommendation report. 9. Within five working days of the Shoreline Development Review Commit- tee s action the County staff coordinator shall send a report of the Committee's recommendation including the written statement of the reasonsfor the Committee's recommendation (a) , signed by the Chair- man or Vice -Chairman together with a copy of the County staff evaluation and a list of all additional permits that will be re- quired to implement the proposed plan to the agency responsible for plan preparation and to one or more of the following with the stipulation that the recommendation become part of all hearing or permit records on the proposed development action: a. The Board of County Commissioners or other applicable board of Metropolitan Dade County having jurisdiction over any applica- tion for a development action or plan approved or adopted which would require a public hearing under other applicable Dade County ordinances. jt b. The applicable board of the municipal governing body for any application for development action or plan adopted or approved (on property within the municipal limits) that would require a public hearing under applicable chapters or sections of that municipality's code, ordinances or special acts. co The County or municipal official vested with the administrative authority to grant the development action or plan approval being sought, when such approval would not require a public hearing under either County or municipal ordinances and special acts. ID# 510/na #" N Agenda Item No. RESOLUTION NO. RECOMMENDING A SHORELINE ACCESS STUDY TO BE USED IN IMPLEIfENTING ARTICLE 3, CHAPTER 33D OF THE METROPOLITAN DARE COUNTY CODE WHEREAS, the Board of County Commissioners of Metropolitan Dade County, Florida has enacted Article 3, Chapter 33D of the ON Metropolitan Dade County Code establishing a Shoreline Development Review Committee, describing the Committee's responsibilities, es- tablishing the Shoreline Development Review Boundary and criteria, and providing for judicial review; and WHEREAS, the procedure guidelines and minimum standards have _ been enacted by the Board of County Commissioners to assist the Committee in carrying out its duties as described in Article 3, Chapter 33D of the Metropolitan Dade County Code; and 1"1 WHEREAS, the process established by Article 3, Chapter 33D of the Metropolitan Code and implementing resolutions recognizes the importance of providing public visual and physical access to Biscayne Bay; and WHEREAS, it is desirable to identify priority public access points along Biscayne Bay, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIOHERS OF METROPOLITAN DADE COUNTY, FLORIDA, that a Shoreline Access Study be undertaken. P 0 n Agenda Item Uo. Page 2 The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Barbara M. Carey Clara Oesterle Beverly B. Phillips James F. Redford, Jr. Harvey Ruvin Barry D. Schreiber Jorge E. Valdes Sherman S. Winn Stephen P. Clark The Mayor thereupon declared the resolution duly passed and adopted this day of , 1984. Approved by County Attorney as to form and legal Sufficiency. ID# 812/na DADE COU11TY FLORIDA BY ITS BOARD OF COUNTY C0101ISSIONERS RICHARD P. BRINKER, CLERK By: Deputy Clerk Agenda Item No. 0 61 RESOLUTION NO. APPROVING SHORELINE DEVELOPMENT REVIEW MANUAL TO BE USED IN IMPLEMENTING ARTICLE 3, CHAPTER 33D OF THE METROPOLITAN DADE COUNTY CODE WHEREAS, the Board of County Commissioners of Metropolitan Dade County, Florida has enacted Article 3, Chapter 33D of the Metropolitan Dade County Code establishing a Shoreline Development Review Committee, describing the Committee's responsibilities, es- tablishing the Shoreline Development Review Boundary and criteria, and providing for judicial review; and WHEREAS, the guidelines and minimum standards in the Shore- line Development Review Manual (Attachment A) will assist the Committee in carrying out its duties as described in Article 3, 1014\ Chapter 33D of the Metropolitan Dade County Code; and WHEREAS, the guidelines and minimum standards contained in the Shoreline Development Review Manual (Attachment A) will provide the Shoreline Development Review Committee with a basis for achieving the intent of Article 3, Chapter 33D of the Metro- politan Dade County Code in a consistent manner while at the same time providing the Committee with the flexibility to exercise its best professional judgment, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF METROPOLITAN DADE COUNTY, FLORIDA, that the Board approves the Shoreline Development Review Manual (Attachment A) which is hereby incorporated by reference. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Barbara M. Carey Clara Oesterle Beverly B. Phillips James F. Redford, Jr. Harvey Ruvin Barry D. Schreiber Jorge E. Valdes Sherman S. Winn Stephen P. Clark Agenda Item No. 0 e RESOLUTION NO. APPROVING SHORELINE DEVELOPMENT REVIEW MANUAL TO BE USED IN IMPLEMENTING ARTICLE 3, CHAPTER 33D OF THE METROPOLITAN DADE COUNTY CODE WHEREAS, the Board of County Commissioners of Metropolitan Dade County, Florida has enacted Article 3, Chapter 33D of the Metropolitan Dade County Code establishing a Shoreline Development Review Committee, describing the Committee's responsibilities, es- tablishing the Shoreline Development Review Boundary and criteria, and providing for judicial review; and WHEREAS, the guidelines and minimum standards in the Shore- line Development Review Manual (Attachment A) will assist the Committee in carrying out its duties as described in Article 3, Chapter 33D of the Metropolitan Dade County Code; and WHEREAS, the guidelines and minimum standards contained in the Shoreline Development Review Manual (Attachment A) will provide the Shoreline Development Review Committee with a basis for achieving the intent of Article 3, Chapter 33D of the Metro- politan Dade County Code in a consistent manner while at the same time providing the Committee with the flexibility to exercise its best professional judgment, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF METROPOLITAN DADE COUNTY, FLORIDA, that the Board approves the Shoreline Development Review Manual (Attachment A) which is hereby incorporated by reference. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Barbara M. Carey Clara Oesterle Beverly B. Phillips James F. Redford, Jr. Harvey Ruvin Barry D. Schreiber Jorge E. Valdes Sherman S. Winn Stephen P. Clark , Agenda Item No. Page 2 The Mayor thereupon declared the resolution duly passed and adopted this day of , 1984. DADE COUNTY FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS RICHARD P. BRINKER, CLERK By: Deputy Clerk Approved by County Attorney as ;^ to form and legal Sufficiency. ID# 507/na F ATTACHMENT A SHORELINE DEVELOPMENT REVIEW MANUAL Section A. Design Guidelines for Shoreline Setback Area 1. Said shoreline setback shall be landscaped and designed: to provide shade and comfortable pedestrian use and shoreline walkways; to frame views and vistas of water and other shoreline areas, to screen less aesthetic uses and to provide a variety of visual experiences for the users of the shoreline setback area, as well as users and viewers from the street, from the water, and from within the devel- opment at both ground elevation and high elevation. The transition from land to water shall be softened by the use of materials such as riprap, wood structures and appropriate species of plants. Plant materials shall be selected or preserved on site, on the basis of salt tolerance and longevity, wildlife and environmental values, hardness, insect and disease resistance, wind tolerance, drought resistance, low maintenance requirement and compatibility with existing natural areas or features. Plant materials should prefera- bly be native, chosen for attractiveness of form, color and texture. 2. Water dependent uses such as approaches to piers or docks shall be permitted within said shoreline setback. 3. Water related uses that are designed to encourage public use and enjoyment of the water's edge such as restaurants, outdoor cafes and boat rental facilities provided they are open to the general public shall be permitted within said shoreline setback area provided that a shoreline walkway, open to the general public is provided, and protected by covenant to remain public with appropriate provisions for maintenance of said facilities in perpetuity. 4. Ground -level parking, trash dumpsters, grease traps, trash transfer stations or facilities, loading docks, storage areas and court games with enclosures shall be prohibited in the shoreline setback area. 5. Trees shall be a minimum height of 10 feet overall immediately after planting, and shall have a minimum trunk caliper of 211 inches. Tree canopy shall provide a minimum of 502 shade over all pedestrian and use areas within five years. Shrubs shall be of sufficient size to assure their survival and spaced closely enough to provide 100% of ground coverage within one year of planting. 6. All environmentally sensitive areas shall be protected. Natural ecosystems shall be preserved to the maximum extent possible. Existing natural features (rock outcroppings, topographic undula- tions, etc.) shall be preserved, utilized and enhanced. 7. Climatic comfort shall be provided by amelioration and utilization of existing and potential microclimatic conditions, including seasonal aspects of summer heat and humidity, and winter cold spells and wind protection. --� S1i0RELIME DEVELOPMENT REVIEW MANUAL Page 2 8. Sun position and intensity shall be considered as a prime controlling factor in human comfort, in plant selection and location, in furniture placement, and visibility. Shading from architectural elements shall likewise be considered. Deciduous trees should preferably be used in areas where winter use is to be encouraged. Section B. Design Guidelines and Minimum Standards for the Shoreline Walkway. 1. The shoreline walkway shall generally consist of the following subareas: a. Edge - The interface between the land and the water. b. Safety Buffer - A landscaped area between the shore- line walkway and the water's edge. C. Pedestrian Walkway - A minimum six foot wide shore- line pedestrian promenade or walkway/surface. d. Passive Space - A place for amenities such'. as bench- es, landscaping, shade structures, drinking foun- tains, trash receptacles and signage generally landside of the pedestrian walkway. Note: Subareas, a, b and d, may vary in width within the shore- line setback in order to allow the pedestrian walkway to meander and/or change axis. Subareas shall be designed according to the guidelines and criteria included below. 2. Transitional Security Strip - Landside of the shoreline walkway area may be provided to separate the public shoreline walkway from the private space. This strip shall be in harmony with and not interrupt the continuity of the public shoreline walkway area. 3. Design Guidelines for the Public Shoreline Walk way and the Transitional Security Strip a. Edge Subarea 1) Riprap should be placed along any new or existing bulkhead seawall or' shoreline where a shoreline walkway is constructed or reconstructed. When installed riprap shall be placed in accordance with the provisions of Chapter 24 of the Dade County Code. 2) The top of the seawall/bulkhead shall be a minimum of 6" and a maximum of 8" higher than the pedestrian walkway surface. The landside edge of the seawall/bulkhead shall be beveled at a 45 degree angle. SHORELINE DEVELOPMENT REVIEW MANUAL Page 3 b . Safety Buffer Subarea 1) The safety buffer subarea shall be de- signed, primarily with plant materials to keep persons a safe distance from the water's edge. Where appropriate, a change in elevation may be used to define this subarea. 2) Where landscaping, rough paving, changes in elevation, or other means of defining the safety subarea are impossible, or if the pedestrian walkway is located at the water's edge, then a barrier at the water's edge shall be installed. When used, such a barrier shall be as visually transparent as possible, such as a simple railing. c. Pedestrian Walkway Subarea 1) The pedestrian walkway subarea or promenade shall be at least 6 feet wide. Provided that the minimum width is met, the width may vary and the alignments of the pedes- trian walkway may meander within the shoreline setback area. 2) Where public pedestrian walkway(s) are already designed or built on adjacent properties or where there are adjacent public rights -of -way, the pedestrian walkway shall be designed and built to align with those adjacent features. 3) Some passive areas shall be allowed on the water side of the walkway within the safety buffer subarea so that people can sit near the water's edge. It shall, however, be limited to 252 of the length of the proper- ty so that the pedestrian view is maintained. 4) The pedestrian walkway shall be designed in accordance with the standards for accassi- q bility for the physically disabled and/or handicapped provided in Section 515 of the South Florida Building Code. 5) Obstructions to movement (trees, bollards, ' lighting, etc.) within the pedestrian walkway shall not be allowed to reduce the Y„ clear width of the walkway to less than 6 six feet at any point. a . « SHORELINE DEOELOPMEIT REVIEW MANUAL Page 4 6) The pedestrian walkway surface shall possess stability and firmness, be rela- tively smooth in texture, and have a non -slip surface. Materials such as concrete, wood, tile or brick on concrete should be used as a surface for the pedes- trian walkway. The use of expansion and contraction joints no wider than 3/4 of an inch in width and filled with a substance impervious to water should be encouraged. Where walkway design calls for wood deck- ing, wood, such as pressure treated pine or cedar may be used if elevated above the ground surface and provided with a 6" high curb along each side. In such instances the wood planks should be placed no more than 1/8 of an inch apart. 7) The walkway surface shall be sloped toward an acceptable storm drainage disposal system constructed in conformance with Section 4611 of the South Florida Building Code and Chapter 24 of the Dads County Code. d. Passive Subarea 1) The major subarea for sitting, landscaping and shading shall generally be located along the inland side of the pedestrian walkway. Lengths of the passive zone may be elevated above the level of the walkway shoreline to improve overall appearance, to satisfy the needs of landscaping materials or to make it easier to see shoreline vistas. 2) Appropriate additional furniture such as historic or environmental markers, overhead canopies or shelters, drinking fountains and trash receptacles shall be confined to the passive subarea and shall not infringe on any visual corridor designed in accor- dance with the provisions herein below. All furniture shall be permanently in- stalled, preferably by direct burial in concrete. 3) Benches shall be provided at a minimum of 2;1 foot sections of bench per 100 feet of linear shoreline. All benches shall have backrests and shall be placed to provide direct views of the water. A space of 6 feet shall be provided between the front of OW\ _N SHORELINE DEVELOPMENT REVIEW MANUAL Page 5 a bench and the nearest obstacla. A paved space 36" wide between ends of benches, or at the and of one bench shall be provided to allow room for wheelchairs. 4) Trash receptacles shall be provided within the passive zone. 5) Where drinking fountains are provided they shall be placed on hard surface areas in order to be accessible to wheelchair dependent people. Stepping blocks shall be located so as not to interfere with access to the fountain either by ambulant or wheelchair dependent people. e. Transitional Security Strip 1) Security to limit public access to private property may be provided by fences, grade changes or retaining walls. When a securi- ty strip is provided, all fences and walls shall be landscaped to reduce their visual impact on the shoreline walkway area and shall provide minimal visual obstructions. 2) For landside adjacent developments that serve the public (i.e. restaurants, shop, hotels, entertainment) wide, visible and easy pedestrian access to the shoreline walkway shall be provided. Landscaping and security barriers shall not visually or physically block the shoreline walkway from such adjacent landside uses. 4. Shoreline Walkway Landscape, Lighting and Siguage Guidelines a. Landscaping Guidelines 1) All of the criteria included in Section A.5-8 hereinabove shall also apply to the shoreline walkway area. 2) In addition, trees shall be *planted in the shoreline walkway area to provide a minimum percentage of 40% of shade canopy. This may be accomplished using individual trees or groupings of trees. b. Lighting Guidelines 1) Sufficient walkway lighting shall be provided using a combination of low fix- tures at the water's edge in the safety 85- 9 r 4W SHORELINE DEVELOPKENT REVIEW MWUAL Page 6 buffer subarea and peripheral lighting within the passive subarea and transitional security strip in order to illuminate the immediate surroundings, and provide secur- ity. 2) Overhead lighting shall be confined to the passive subarea and transitional security strip and posts and standards shall be placed so that they do not present hazards to pedestrians. The lighting shall consist of down lighting with lamps positioned not over 14 feat high, 175 Watt MV, 50 feet on center minimum. These overhead lighting fixtures shall be placed so that light patterns overlap at a height of 710" to provide views of oncoming persons along the shoreline walkway with a minimum intensity of 4-foot-candles over all use areas. Mercury vapor, metal halide lamps or similar "white" light luminaries shall be positioned so that light patterns overlap to avoid areas of deep shadow. 3) Lighting at the water's edge shall be low level fixtures no higher than 30" high with down illumination not extending beyond the bulkhead, seawall or riprap. These fix- tures shall be approximately 20 feet on center. 4) At hazardous locations, such as changes in grade, supplemental lower level lighting or additional overhead units shall be used. 5) Once minimum lighting standards for the shoreline walkway are met, uplighting and colored lighting may be used for signs, landscaping and accenting within the passive subarea and transitional area. 6) Lighting fixtures shall be designed to complement both the adjacent upland davel- opment •and walkways, as well 'as in -water amenities and shall be designed to comply with the provisions of the Shoreline Design Manual following adoption of said manual. c. Signage Guidelines 1) All major public shoreline access points, including parks, walkways, roadways, dedicated midblock walks and public plazas, shall be marked with standard "Public Shorawalk" signs. J-85-139 N AL 1h SHORELINE DEVELOPMENT REVIEW HOUAL Page 7 2) Signage shall be used to identify publicly oriented private development, such as cafes or shops, that are accessible from the public shoreline walkway. Such signs shall preferentially be placed in the passive subarea or transitional security strip. 3) Uniformly designed historic informational or environmental markers or plaques may be placed in the passive subarea or on public piers or overlook areas which such are provided. 4) Signage visible from the water shall identify access points and adjacent public activitie4 such as cafes or zhcps, for boaters vha a public dockage is provided. C. Design Considerations for Fishing Piers Where fishing piers are deemed appropriate, fishing pier design shall address the following: 1. The guidelines included in Section B hareinabove shall also apply to fishing pier design. Z. The pier surface shall be either concrete or close —fitting wood such as pressure treated pine or cedar. Where wood is used, the planks shall be no more than 1/8 of an inch apart. 3. Fishing piers should be wide enough to accommodate bench- es, fish cleaning stations and lighting, and should permit anglers to move along the railing and also allow visitors to walk along the pier. 4. Railings should be designed to accommodate anglers and their equipment, including rod holders and bait cutter boards, as well as to provide a safe waterfront area for adults, children and the handicapped. 5. Wherever feasible, riprap and shallow artificial reef materials such as concrete culverts 'should be included in pier design. 6. Ladders should be provided to permit access into and from the water. T.D# 478/ua