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Ordinance: 13157
File Number: 09-01131ctFinal Action Date: 4/22/2010
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. 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-CIE1AR 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
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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"
"
** *
Policy AR - 1 . 2 . 2 : The City will work with Miami - Dade County to implement the County
management plan that identifies potential areas of water withdrawals , potential sources of
contamination , the impact of potential withdrawals to other legal users , and the development
of practices that will maintain this aquifer 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 Objective PW - 1 . 3 , and its related policies ,
' s coordination with MDWASD shall develop alternative water 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 departments of Public Works and Planning will cooperate with Miami-Dade County
WASA Water and Sewer Department ( MDWASD ) to jointly develop methodologies and
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procedures for biannually updating estimates of system demand and capacity, and ensure
that 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 MDWASD 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 shall adopt ed a Potable
Water Supply Facilities Work Plan ( contained in Appendix PW - 1 of the MCNP ) for a 20-year
planning period that is consistent reflects coordination 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 February 15 , 2007 , and the current adopted
County Water Supply Facilities Work Plan by August 15 , 2008 , and if not , as soon as possible
before the end of the calendar year , 2008. ( 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 . (See Natural
Resource Conservation Policy NR-2.1.7.)
Policy PW - 1 . 2 . 3 :
The City will cooperate and participate to the fullest extent possible with
Miami - Dade County to maintain procedures and programs to monitor levels of service of each
water supply , water treatment and wastewater treatment facility for use by agencies that issue
development orders or permits . Such procedures may 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 development
orders or permits pursuant to Chapter 163 . ( 2 )( a ) , F . S .
Policy PW - 1 . 2 . 4 :
The City will continue to coordinate through the Planners Technical
Committee and Miami - Dade County to utilize , expand and pursue the development of new
potable water wellfields and alternative water supplies to meet the City ' s existing and future
water supply needs . Such coordination efforts will include the transmittal of information for
large scale future land use changes , population and demand projections , water supply needs ,
implementation of alternative water supply projects , establishment of level of service
standards , and servicing of newly annexed areas .
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 preserve the integrity of the Biscayne Aquifer ,
protect the quality of surface water and related ecosystems , considered compatible with the
South Florida Water Management District ' s Lower East Coast Regional Water Supply Plan ,
and comply with that land use and environmental protection policies of the City MCNP ,
Strategic Regional Policy Plan for South Florida , and the State Comprehensive Plan .
Objective PW - 1 . 3 : The City shall coordinate with the Miami - Dade County Water Supply
Facilities Work Plan to identify and develop those water supply projects necessary to
meet the City ' s projected water demands for a 20 - year period .
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Policy PW - 1 . 3 . 1 :
The City ' s adopted Water Supply Facilities Work Plan ( Work Plan ) , dated
October , 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 supplies ; and identify those water supply projects , using all
available technologies , necessary to meet the City ' s water demands for a 20 - year period .
Work Plan 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 supply facilities necessary to satisfy projected water demands for the City
of Miami during the - 2030 period are shown in Appendix A of the Water Supply Facilities
Work Plan ( Appendix 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 Supply Plan and the
current adopted County ' s Water Supply Facilities Work Plan 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 departments of Public Works and Planning 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 adopt ed a Potable Water Supply Facilities Work Plan
( contained in Appendix PW - 1 of the MCNP ) for a 20-year planning period that is consistent
reflects coordination 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 February 15 , 2007 and the current adopted County Water Supply Facilities Work
, by August 15 , 2008 , and if not , as soon as possible before the end of the calendar year ,
2008. (See Potable Water Policy PW-1.2.2.)
Policy NR-2.1.8:
\[ Reserved The City will continue to practice 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 - Building Code and 32
- Water and Sewer Regulations , of the Miami Dade County Code of Ordinances , updated
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September 2 , .
Policy NR - 2 . 1 . 9 :
The City will continue to implement the same or more stringent water
conservation measures as provided through Chapter 8 - Building Code ( updated September 2 ,
) , Chapter 32 - Water and Sewer Regulations ( updated September 2 , ) , and Chapter
18 A and 18 B - Landscape Ordinance ( updated May 5 , ) , of the Miami - Dade County 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
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
( 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 responsible for monitoring the
availability 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 population projections , spatial characteristics of the MCNP Land
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Use Plan map , and policies of the MCNP Land Use , Natural Groundwater Aquifer Recharge
and Coastal Management Elements . It is further City policy to accommodate future population
and economic growth by utilizing the range of alternative water supply technologies outlined
under MCNP Potable Water Element Objective PW - 1 . 2 , including sources from expanded
and / or new Florida Aquifer wellfields , Floridian Aquifer storage and recover ( ASR ) techniques ,
water conservation methods , water reclamation , water and wastewater reuse and other
advanced technologies .
Policy IC - 1 . 1 . 8 :
In its development of future potable water supplies and the Water Supply
Facilities Work Plan as outlined in Objective PW - 1 . 3 , the City shall consider , and be
compatible , with the South Florida Water Management District ' s Lower East Coast Regional
Water Supply Plan .
Policy IC - 1 . 1 . 9 :
The City of Miami shall coordinate with Miami - Dade County WASD by
requiring applications to be reviewed by MDWASD during the site plan review process prior to
approving a Building Permit , in order to determine whether adequate water supplies 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 City will monitor proposed
amendments to the Miami - Dade County Comprehensive Development Master Plan as they
relate to water supply planning in 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
Florida Statutes, Chapter 163.3184, Part II, and after its adoption on second reading pursuant to
Florida Statutes, Chapter 163.3184, Part II 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.
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Section 6. 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. {3}
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.
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