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Home My WebLink AboutCC Legislation (Version 4)��iF Cit QI M1am' City Hall Fry, 3500 Pan American [ ��A":"�T£p�; �e IS�a�l�n Drive Miami, FL 33133 vwwd.miamigov.com Ordinance File Number: 09-01131ct 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 11, 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. requires that each local government prepare and adopt a Water Supply Facilities Work Plan into 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 15, 2007; and WHEREAS, DCA's General Comments for Amendment No. 09-ClE1AR on March 13, 2009, 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"; 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 of the 20 -Year Water Supply Facilities Work Plan amendments to the MCNP; and WHEREAS, on December 10, 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 December 10, 2009, at which time it voted to transmit the 20 -year Water Supply Facilities Work Plan amendments to the MCNP; and City of Miand Page 1 of 7 File Id. 09-01131 et (Version: 4) Printed On: 419/2010 File Number: 09-01131 ct WHEREAS, on February 19, 2010, the City received the Department of Community Affairs ("DCA") report entitled Objections, Recommendations and Comments ("ORC"); and WHEREAS, following City Commission review of the ORC and further consideration of proposed amendments to the MCNP in response to the ORC, the Miami City Commission on April 22, 2010, adopted amendments to the MCNP based on the ORC; and 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" Policv AR -1.2.2: The City will work with Miami -Dade County to implement the County management plan that identifies potential areas of wafter withdrawalspotential sources of contamination, the impact of potential withdrawals to other legal users and the development of practices that will maintain this a uifer as a viable water supply source. Policy AR -1.2.3: In accordance with the South Florida Water Management District's Lower East Coast Regional Water Supply Plan and Obiective PW -1.3 and its related olicies the City's coordination with MDWASD shall develop alternative wafter supply sources to supplement withdrawals from the Biscayne Aquifer. Such sources may include withdrawals from the Floridan Aquifer, implementation 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 will cooperate with Miami -Dade County WASA Water and Sewer Department (MDWASD} to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity, and ensure that City of A7iami Page 2 of 7 File Id: 09-01131 et (Version: 4) Printed On.: 4/912010 File Number., 09-01131 ct sufficient capacity to serve development exists. (See Natural Resource Conservation Policy NR -2.1.4.) Objective PW -1.2: The City shall coordinate with the M WASD 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.) Policy PW -1.2.2: Pursuant to Chapter 163.3177(6)(c), F.S., the City s4 -A-4 adopted a Ret— Water Supply Facilities Work Plan contained in Appendix PW -1 of the MCNP for a 20 -year planning period that is consistente#e,�— uts vovruinution with the current South Florida Water Management Districts Lower East Coast Water Supply Plan Update approved by the South Florida Water Management District (SFWMD) oR FebFuary 15, 2007 and the current adopted County Water Supply Facilities Work Plan 75 ; efc e -t# n f the ealend r -y The work plan will be updated at a minimum, eves 5 ears and within 18 months after the South Florida Water Management District's_a roval of an updated Lauver East Coast Regional Water Supply Plan (See Natural Resource Conservation Policy NR -2.1.7.) Polic PW -1.2.3: The City will cooperate and participate to the fullest extent 12ossible with Miami -Dade Countv to maintain Drocedures and ro rams to monitor levels of service of each water supply, water treatment and wastewater treatment facility for use by agencies that issue devela went orders or ermits. Such rocedures rna include the establishment of water and wastewater allocation processes to assure that adequate water supply, and water and wastewater transmission and treatment capacity is available prior to issuance of develo ment orders or permits pursuant to Chapter 163.3180 2 a F.S. Polic PW -1.2.4: The City will continue to coordinate throu h the Planners Technical Committee and Miami -Dade Count to utilize ex and and areae fihe develo lent of new potable water wellfieids and alternative water su lies to meet the Cit `s existin and future water supply needs. Such coordination efforts will include the transmittal of information for large scale future land use chancies,population and demand ro'ections water supply needs implementation of alternative water supply projects, establishment of level of service standards and servicinq of newly annexedareas. Policy PW -1.2.5: In the development of its future potable water supplies the City shall to the maximum extent feasible utilize methods which reserve the ince rit of the Bisca me A uifer protect the quality of surface water and related ecosystems, considered compatible with the South Florida Water Manaciement District's Lower East Coast Regional Water Supply Plan and comply with that land use and environmental protection policies of the City MCNP the Strateciic.Reg.ional Policy Plan for South Florida and the State Comprehensive Plan. the City' -s -projected water demands for a 20 -year period. Polis PW -1.3.1: The City's adopted Water Supply Facilities Work Plan Work Plan)dated City of Miand Page 3 of 7 File Id. 09-01131d Olersion: 4) Printed On: 419/2010 File Number: 09-01131 ct October 2009, is incorporated as follows in Appendix PW -1 of the MCNP. This document is designed to: assess current and projected potable water demands, evaluate the sources and capacities of available water su lies and identify those water supply rojects usip_q all available technologies, necessary to meet the Cit 's water demands for a 20 -year period. The Work Pian shall remain consistent with projects as listed in the South Florida Water Management District's Lower East Coast Regional Water Supply Plan. The Work Plan will be updated, at a minimum every 5 years and within 18 months after the South Florida Water Management District's approval of an updated Lower East Coast Regional Water Supply Plan The potable water su.pp.ly facilities necessary to satisfy roiected water demands for the Citv of Miami during the 2007-2030 period are shown in Appendix A of the Wafer Supply Facilities Work Plan (Armendix PW -1). Policy PW 1.3.2: The City shall be consistent with the current approved version of South Florida Water Management District's Lower East Coast Regional Water Su 1 Plan and thf current ado ted County's Water Supply Facilities Work Plan in develo in 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 u—partments Of P UNiG VV9r an P1aR ,i-. will cooperate with Miami -Dade County WASA Water and Sewer Department (MDWASD) 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 shall adopted a P_c-tabte Water Supply Facilities Work Plan contained in Appendix PW -1 of theMCNP) for a 20 -year planning period that is consistent ffestee�arci�ratio 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) , and the current adopted County Water Supply Facilities Work Plan, f 20{8. (See Potable Water Policy PW -1.2.2.) Policy NR -2.1.8: [Rene a Cit wil! continue fio tactics water conservations measures (i.e. new residential and commercial development will be required to install high efficiency plumbing fixtures and appliances) that are enforced through Chapter 8 - Buildin Cods and 32 - Water and Sewer Regulations of the MiarniDade _County Code of Ordinances, updated Policy NR -2.119: The,City will continue to implement the same or more stringent water City of Miand Page 4 of 7 File Id: 09-01131 et (Version: 4) Printed On: 4/9/2010 File Number, 09-0 113 1 ct conservation measures as provided through Chapter 8 - Building Code (updated September 2 20081Chi ter 32 - Water and Sewer Re ulations (updated September 2 2008 and Cha ter 18A and 1.8B - Landscape Ordinance u dated Ma 5 2009 of the Miami -Dade Count 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. ��o old--et+�a�e-ar�s�-ti�ag-se rvise-d�f+etG}� aa�p r�c�r-a+�+a��d-to-bei+t�-witl�an--o+�e-ye�� ate d- are inc"!tided ;R the current C�t jt 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 (MDWASD) 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 res onsible for monitorin the availabilit of water supplies for all water users of MDWASD and for implementing a system that links water supplies to the permitting of new development. "INTERGOVERNMENTAL COORDINATION" Policy IC -1.1.7: The City shall coordinate with the South Florida Water Management District SFWMD to accommodate its water supply and management planning and permitting process, the City's adopted po ulation ro'ections s atial characteristics of the MCNP Land Use Plan map. and policies of the MCNP Land Use Natural Groundwater A uifer Recharge and Coastal Management Elements. It is further City policyto accommodate future population and economic arowth bv utilizinq the range. of alternative water supply technologies outlined under MCNP Potable Water Element Objective PW -1.2, including sources from expanded and/or new Citi; of Miand Page 5 of 7 File M. 09-0113let (Version: 4) Printed On: 4/9/2010 File Number: 09-01131 ct Florida Aquifer wellfields, Floridian Aquifer storage and recover (ASR) techniques water conservation methods water reclamation water and wastewater reuse and other advanced technologies. Pylic lC-1.1.$: In its develo went of future otable water su lies and the WateLSupplL Facilities Mork 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 Tonal Water Supply Plan. Policy [C-1.1.9: The City of Miami shall coordinate with Miami -Dade Count WASD b requirinq aprAcations to be reviewed by MDWASD durin fibs site Ian review rocess rior to ai)r)rovina a Building Pen -nit in order to determine whether ads nate water su cies will be available to serve the development by the anticipated issuance date of the certificate of occupancy for properties located within the City of Miami. The Citywillmonitor proposed amendments to the Miami -Dade County Comprehensive Development Master Plan as they relate to water supply,planningin the City of Miami and provide input as necessary. 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 supply 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 A".{2} 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. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. 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 7. 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 City of Miami Page 6 of 7 File Id: 09-01131 et (Version: 4) Printed On: 4/9/2010 File Number: 09-01131 ct 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. {3} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU` CITY ATTORNEY V� Footnotes: {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} 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. {3} 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. 00, of Miami Page 7 of 7 File Id. 09-01131 ct (Version: 4) Printed Ora: 419/2010