HomeMy WebLinkAboutCC Legislation (Version 2)J �1
City of Miami
a•
Legislation
$ptifq;a"
Ordinance
File Number: 09-01131ct
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING THE GOALS, OBJECTIVES AND POLICIES OF THE NATURAL
GROUND WATER, POTABLE WATER, NATURAL RESOURCE CONSERVATION,
CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDINATION
ELEMENTS; INCORPORATING A 20 -YEAR WATER SUPPLY FACILITIES WORK
PLAN; AS REQUIRED BY FLORIDA STATUTE, CHAPTER 163, AND CHAPTER
9J-5, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes ("F.S."), the Miami
Comprehensive Neighborhood Plan ("MCNP") was adopted by the Miami City Commission pursuant to
Ordinance No. 10544 adopted February 9, 1989; and
WHEREAS, Chapter 163, Part II, F.S. require that each local government to prepare and adopt
a Water Supply Facilities Work Plan in to their comprehensive plan and revise the Natural Ground
Water, Potable Water, Natural Resource Conservation, Capital Improvements and Intergovernmental
Coordination Elements (the "Infrastructure Elements") within 18 months after the water management
district approves a regional water supply plan or its update; and
WHEREAS, the South Florida Water Management District adopted the Lower East Coast
Water Supply Plan, on February 15th, 2007; and
WHEREAS, DCA's General Comments for Amendment No. 09-CIE1AR encourages the City
as part of the next amendment cycle to adopt a water supply facilities work plan "at the earliest
possible moment in 2009", on March 13th, 2009; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on November 4, 2009, Item No.
P.1, following an advertised public hearing, adopted by Resolution No. PAB-09-042, by a vote of nine
to zero (9-0), recommending APPROVAL the 20 -Year Water Supply Facilities Work Plan amendments
to the MCNP; and
WHEREAS, on , 2009, the Miami City Commission held a duly noticed public
hearing, at which time it considered the recommended changes from staff, and from members of the
public; and
WHEREAS, following City Commission review of the 20 -Year Water Supply Facilities Work
Plan, the Miami City Commission on 2009, adopted 20 -year Water Supply Facilities
Work Plan amendments to the MCNP; and
City of Miami Page I of 7 Printed On: 11/9/2009
File Number: 09-01131 ct
WHEREAS, the Miami City Commission after careful consideration of this matter deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to amend the
MCNP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA; AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan, is
hereby amended by amending the text of the Policies of said Ordinance as follows: {1}
NATURAL GROUNDWATER AQUIFER RECHARGE
Policy AR -1.2.2: The Cit will Work with Miami -Dame County to irnolement the County
manaAment_plan fihat identifiasotantial..areas of water withdrawals, potential sources of
contamination, the impaot of �aotential_withdrawal to other legal users. and_the development of
radices that wil( maintain this a uifer as p viable water supplv source.
Policy 2.3�in accordance with the South Florida Water Manaclement District's Lower
East Coast Re Tonal Water Su 1 Plan arrd Ob active PW -1.3 and its related rlicies the
Cit 's coordination with MDWASD shall develop alternative water supply uurrc,es to
supplement withdrawals from theBi ca nt Actuif�r.WSuch sources may include withdrawals
from the Floridan A uifer im lementation of water conservation methods and development of
reclaimed and wastewater reuse strategies.
POTABLE WATER
Policy PW -1.1.1: Since the potable water network is an interconnected, countywide system,
the City departni--n-ts-eff-P-u Warks -arid Planning will cooperate with Miami -Dade County
WASA Water and Sewer Department (M PA,SD, to jointly develop methodologies and
procedures for biannually updating estimates of system demand and capacity, and ensure that
sufficient capacity to serve development exists. (See Natural Resource Conservation Policy
N R-2.1.4.)
Objective PW -1.2: The Cit shall coordin t with the IVIDWAA ID to ensure adequate levels of
safe potable water are available to meet the needs of the city. (See Natural Resource
Conservation Objective NR -2.1.)
City of Miami Page 2 of 7 Printed On: 11/9/2009
File Number. 09-01131ct
Policy PW -1.2.2: Pursuant to Chapter 163.3177(6)(c), F.S., the City s4a adopted a P-Gtable
Water Supply Facilities Work Plan (contained in Appendix PW -1 of the MCNP) for a 20 -year
planning period that is consistent with the current South Florida Water
Management District!s Lower East Coast Water Supply Plan Update approved by the South
Florida Water Management District (SFWMD) op-Februai , 15, 2007-, and the currppjado�ted-
1--yAwgust 15, 2008,
bE4Gfe4h,----'-'d of The work plan will be updated at a minimum, every
5_ years and within 18 months after the South Florida Water Mang ieryient District's approval of
anted Lower East Coast Regional Water, Sqpp!y Plan. (See Natural Resource
Conservation Policy NR -2.1.7.)
t and Darticipate to the fullest extent
f�o—riqx±w-I —.2.3. -Lq-6-,-QAY.Ai I
Miami -Dade Countylo rliaintain pLo(edurq nc� ragrams to monitor levels of servic e of each
_
water su I water treatment and wastewater treatment fav ilii for use b a envies that issue.
development orders or permits, Such vocedUres mav include the establishment of water and
wastewaterallocajjgn_p=ses to assure that adeguate.water supply, and water and
wastewater transmission and treatment ca Lity is_ available vior to issuance of ,development
orders or permits.
Rclic XfW-1.2.4. The i� will continue to coordinate -with the Miami -Dade County to utilize,
expand and pursue the development of ncLw ofiable waterwe.11fields and alternative water
SLIPPlies to meet the _Cit y's existing_and future water supply needs.
Folic PW -1,2.5. In the develo went of its future otable water jupplies, the City shall, to the
maximum extent feasible, utilize methods which reserve the integrity of the Biscayne Aquifer,
p,Lqtqg_t_thqI.ily ace water and related e(;�j� stems, consider and_ reo
acmnpatible with
gja _gf.§grf_ _y
the South Florida Water Manaciement District's Lower East Coast Regional Water Supply Plan_,
and comply
Strategic Regional Policy Plan for South Florida and the State Comprehensive Plan.
Objective :The Cit shat! coordinate with the Miarrri-Dade Courrty Water_ u lyy
T
Facilities Work Plan to identifv and develop those water sup Av Proiects neces.s.a..rY to meet
the riod.
R24Sy_EV:1.3ALj!he gty'qA 11 Facilities Work Plan ork...Plan)
dated
Octob -1 of the MCNP. This document is
desiqned to: assess current and proiggted potable water demands: evaluate the sources and
capacities of available water qu lie andd, identify those water supply proiects, using all
available te;hnologies, necessary to meet the Cit 's water demands for a 20 -year period. The
Work Plan shall remain consistent with_pLp:Lqcta as listed in the South ---Florida Water
:Management District's Lower East Coast lie Tonal Water S -u I .Man The Work Plan will be
u dated at a rninirnui7� aver 5 ears and within 8 months after the South Florida Water
Manaqement District's approval of anLiqpdated Lower East Coast Regional Water� Su I _Plan.
The r)otable water supplyJacilities necessar to satisf ro'ected water demands far the Cit of
Miami during the 2007-2030 period are shown in Appendix A of the Water Su �IFac�irities
Work Plan fAppgnd(x_PW. I)...
City of Miand Page 3 of 7 Printed On: 111912009
File Number: 09-01131 ct
Policy PW -1.3.2: The Cition of South
Florida Water Mann emenfi District's Lower Fast Coast rhe Tonal Water Su I Plan and the
current adopted County's Water Sulv Facilities WorkPlan in developing and updating its
20 -Year Work Plan.
NATURAL RESOURCE CONSERVATION
Policy NR -2.1.4: Since the potable water network is an interconnected, countywide system,
the City will cooperate with Miami -Dade County
WA -SA Water and Sewer Department �MDWASpj to jointly develop methodologies and
procedures for biannually updating estimates of system demand and capacity, and ensure that
sufficient capacity to serve development exists. (See Potable Water Policy PW -1.1.1)
Policy NR -2.1.7: The City sba-ll adopted a Potak�le Water Supply Facilities Work Plan
contained in Armendix PW -1 of the MCNP) for a 20 --year planning period that is consistent
with the current South Florida Water Management District's Lower East
Coast Water Supply Plan Update approved by the South Florida Water Management District
(SFWMD) on 1=-ebruary. 4.5-;-.2007 and the current adoptec CQunty ater Supply Facilities Work
Elan, ...by...Augu.et....1...5.,...2.008-,..and...if not.;...a.s...sopara...a.s....possible-befGre.:.the-end...of4-heo-alen.da.r... year:,...
2-G98. (See Potable Water Policy PW -1.2.2.)
Policy NR -2.1.9: [Reserved] rgctice water conservations measures
i.e, new residential and commercial development will be re uired to install hi h efficient
lu>�mbin fixtures and appliances) that ars: enforced throula Chapter8 Buildir -io Cade Section
31 of the Code of Ordinances.
Polic NR -2.1.9: The Cit ni
will continue to im leent the same or more stringent water
conservation measures as .plovided through .�h��ier.8� 1 uildinc�� cid ,_Sentioq 31 of the Code
of Ordinances.
CAPITAL IMPROVEMENTS
Policy CI -1.2.2: All development orders authorizing changes in permitted land uses for new
development or redevelopment that results in an increase in the density or intensity of land use_
will be contingent upon the ability of existing or programmed public facilities to continue to
provide service at or above the adopted LOS standard for the public facilities listed in Policy
CI -1.2.3. Such development orders may be granted, however, if capital improvements which
would eliminate any resulting service deficiency are programmed to begin within one year and
City of Miami Page 4 of 7 Printed On: 111912009
File Number: 09-01131 ct
are included in the current Capital Budget. The public facilities to serve the new development or
redevelopment shall be in place and available to serve new development as follows:
Sanitary sewer, solid waste, potable water facilities and adequate water supply shall be in place
and available to serve new development or redevelopment no later than the issuance of a
certificate of occupancy or its functional equivalent. The concurrency requirement for sanitary
sewer may be met through the use of onsite sewage treatment and disposal systems approved
by the Department of Health. Prior to approval of a building permit or its functional equivalent,
the city shall consult with the Miami -Dade County Water and Sewer Department fflDtNASD to
determine whether the adequate water supplies to serve the new development will be available
no later than the anticipated date of issuance of a certificate of occupancy or its functional
equivalent. Furthermore MDWASD shall be responsible for monitoring the availabilityofwater
series for all water users of MDWASD and for irn l rnentin a stern that links water
ag lies to theperm ttinc of new development.
INTERGOVERNMENTAL COORDINATION
Polis IC -1.1.7: It is the policy of the City that the South Florida water Management District
SFWMC7 shall r ca nr�irr its water su ly and manayeMgntplannin and ermittin
race th Cit ' ado t ci raraul tie�n roic cti spli.al.ycharacteristics of '
the MCN ---L and
Use Man map and policies of the MCNP (mead Use, Natural Groundwater A uifer Bechar e
and Coastal Mana emer rt Elements. It is further Cit olio to accamrnodate future population
and economic growth bv utilizing the range of alternative water su I technolo les outlined
under MCNP Potable Water Element Objective PW -1.2, includ'
M sources from expanded
and/or new Florida Ag fitq wellfigjd ,�F�lc�riclian 6 uifer stare e and recover ASR techniques
waterrconservation me o ss� water reciarnation,...w.ater and wastewater reuse and -_other
--
advanced technolo. iq �s�
Polic IC -1.1.8; In its dev,,LloRment of .uturetaiale water su lies and the Water Supply
Facilities Work Plan as outlined in Objective PW -'1,3. the City shall consider, and be
com atible with the South Florida Water Mana ement District's Lower East Coast Re ional
Water Sur ly Flan.
Polis iami-Dade Count WASD b
re uirinq plications to be reviewed b,LMDWASD duringthe
h site Ian review rooess rior to
prarovinr� a t3uildi.rrc .P rmit,._in order to determine whether a tqqatq water _supplies -_will_be_
available to serve the developrp_ nt by the mantssuance date of the certificate of
occu c@ggy„for pEgpties located within they Qit oy f Miami. The City will monito._rMposed
amendments to the Miami -Dade County Comprehensive Develo rnent Master Plan as the
relate to water su PI planning in the City of Miami and provide input as necessary.
City of Miand Page 5 of 7 Printed On: 11/9/2009
File Number. 09-01131ct
Policy IC -2.1.1: The City will continue its active participation in the Miami -Dade Planners'
Technical Committee (PTC) for the purpose of addressing common concerns and sharing
resources toward solving planning problems, water supplly_needs and coordinate water use
issues as needed with particular emphasis on examining State of Florida planning
requirements in the context of Miami -Dade County's unique governmental structure to more
effectively coordinate local planning efforts.
Section 3. Ordinance No. 10544, as amended, the MCNP, is hereby amended by incorporating
20 -year Water Supply Facilities Work Plan (contained in Appendix PW -1 of the MCNP) of the said
Ordinance as attached in "Exhibit K{1}.
Section 4. The City Manager is directed to instruct the Director of the Planning Department to
promptly transmit a certified copy of this Ordinance after its adoption on first reading for review under
Section 163.32465, Florida Statutes, and after its adoption on second reading pursuant to Section
163.32465, Florida Statutes to: the Secretary, Florida Department of Community Affairs; the Executive
Director, South Florida Regional Planning Council, Hollywood, Florida; and any other person or entity
requesting a copy or as required by law.
Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof pursuant and subject to §163.32465(6)(g), Florida Statutes.
Section 8. The effective date of this plan amendment shall be the date a final order is issued by
the Department of Community Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184(1)(b), Florida Statutes, whichever is applicable. No
development orders, development permits, or land uses dependent on this amendment may be issued
or commence before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be made effective by adoption of a
resolution affirming its effective status, a copy of which resolution shall be sent to the Florida
Department of Community Affairs, Division of Community Planning, Plan Processing Team. {2}
APPROVED AS TO FROM AND CORRECTNESS:
JULIE BRU
CITY ATTORNEY
Footnotes:
City of Miami Page 6 of 7 Printer) On: 11/9/2009
File Number: 09-01131 ct
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective upon override of the veto by the City Commission and when found in compliance pursuant to
Chapter 163, Part II, Florida Statutes.
City of Miami Page 7 of 7 Printed On: 11/9/2009