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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-00463 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 BY AMENDING THE COASTAL MANAGEMENT, NATURAL RESOURCES AND CAPITAL IMPROVEMENT PROGRAM ELEMENTS OF THE MIAMI NEIGHBORHOOD COMPREHENSIVE PLAN IN ACCORDANCE WITH 1995 EVALUATION AND APPRAISAL REPORT RECOMMENDATIONS, AND FOR SUBMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AS CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENT NO, 04-2; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of April 21, 2004, Item No. 6, following an advertised hearing, adopted Resolution No. PAB 45-04 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of amending Ordinance No. 10544 as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 10544 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000 is hereby amended by amending the text of the Goals, Objectives and Policies of said Ordinance as follows: {1} "Miami Comprehensive Neighborhood Plan Goals Objectives Policies * Coastal Management Policy CM-1.1.1: As a precondition to the development or redevelopment of Virginia Kev, a comprehensive assessment will be made of environmental hazards that are the result of past disposal activities at the Virginia Key landfill and other relevant environmental concerns. Such assessment will be made in cooperation with appropriate County, State and Federal City of Miami Page 1 of 9 Printed On: 5/14/2004 File Number: 04-00463 environmental agencies, and an action plan to reduce or eliminate any hazards will be formulated by 1992. (See Natural Resource Conservation Policy NR-1,1.1.) Policy CM-1.1.2: By 1990 t The City will begs to retrofit the number of storm water outfalls that discharge into the Miami River and its tributaries, the Little River and directly into Biscayne Bay. All - If positive drainage systems to these water bodies are deemed to be the only feasible method of maintaining adequate storm drainage, then these storm sewers will be designed and constructed to retain grease and oil and minimize pollutant discharges. (See Natural Resource Conservation Policy NR-1.1.2 and Sanitary and Storm Sewers Policy SS-2.2.1.) Policy CM-1.1.3: Policy NR 1.1.3.)[Reserved] Policy CM-1.1.4: The City will g support from -continue to work cooperatively with the Miami River Commission, Miami -Dade County DERM, the South Florida Water Management District, the U.S. Army Corps of Engineers, and any other appropriate state and federal agencies in order to reduce point and non -point sources of pollution into Biscayne Bay. By boundaries, Policy CM-1.1.1O: [Reserved] Policy CM-1.1.12: The City will continue to require that all new and renovated marinas meet stab'v - by 1992 manna siting requirements and receive appropriate county, state, and federal approvals during the development permitting process i * * * Policy CM-1.1.14: The City will cooperate with Miami -Dade County in fostering the protection of coastal wildlife and wildlife habitat through the protection of nesting areas, the establishment of wildlife City of Miami Page 2 of 9 Printed On: 5/14/2004 File Number. 04-00463 corridors, the protection of travel corridors, and the promotion of public awareness of wildlife resources. [Added by Ordinance .1 Policy CM-1.1.15: The City will cooperate with Miami -Dade County in the implementation of any antidegradation targets developed to protect Outstanding Florida Waters and Outstanding National Resources Waters of Biscayne Bay. [Added by Ordinance .1 * Policy CM-1.3.2: Through increased citywide code enforcement of coastal areas with deteriorated conditions and the City will report any structures in severe condition to the unsafe structures board to either force improvements or facilitate the demolition of the structure. * * Goal CM-2: Improve public awareness, appreciation, and use of Miami's coastal resources by preserving traditional water -dependent and water -related uses,ensureing adequate public access to_ such uses, and minimizing user conflicts Biscayne Bay and the-ei1ys shoreline. Objective CM-2.1: Prevent the not loss of, and, wWhere feasible, increase, physical and visual public access to Biscayne Bay and the city's shoreline. Policy CM-2.1.1: Where appropriate and in the interest of public safety and promotion of outdoor recreation opportunities on environmentally sensitive areas, future land umoe an4 land development regulations will require non -water dependent or related development or redevelopment to maintain public access to the coastal and Miami River shorelines. (See Parks, Recreation and Open Space Policy PR-1.1.11.) Policy CM-2.1.2: All City owned, waterfront property, including the Miami River shorelines, will provide for public open spaces that provide access to the shoreline 194. (See Parks, Recreation and Open Space Policy PR-1.1.12.) Policy CM-2.1.3: By 1991 2000, amend the Downtown Waterfront Master Plan to reflect changing conditions and needs, and, by 1999 2002, prepare an implementation plan identifying funding sources,- and recommending using an appropriate mix of public and private sector financing. (See Parks, Recreation and Open Space Policy PR-1.5.2.) Policy CM-2.1.4: , The City will continue development of the river walk and bay walk along City owned property as funds become available and will continue to require development of the bay walk and river walk along private property through its land development regulations , Policy CM-2.1.5: [Reserved] Policy CM-2.1.6: ! - , - - -d for, and op City of Miami Page 3 of 9 Printed On: 5/14/2004 File Number:: 04-00463 [Reserved] Policy CM-2.1.7: lay-1-999-The City will incorporate provisions for public physical and/or visual access to the shoreline in its waterfront zoning regulations (See Parks, Recreation and Open Space Policy PR-1.1.13.) Policy CM-2.1.8: As specified in the City of Miami Charter and related laws, and more specifically the Waterfront Charter Amendment and Ordinance 1450011000 (Zoning Ordinance for the City of Miami) all new development and redevelopment along the downtown waterfront is required to provide a waterfrontspecial setbacks ,_and those developments within Special Districts LSDs) that require publicly accessible shoreline walkways, will design them in conformance with the established- sfa ais "Baywalk/Riverwalk Design Standards." (See Parks, Recreation and Open Space Policy PR-1.5.7.) Policv CM-2.1.9: The City will continue to work toward increased physical public access to Virginia Key and Watson Island by pursuing appropriate development and redevelopment as directed by the Virginia Key and Watson Island master plans. (Added by Ordinance .1 Policy CM-2.1.10: The City will ensure that development regulations are not altered so as to prohibit water dependent uses such as swimming, boating, and fishing and will encourage and support such uses. Objective CM-2.2: Ensure i-nsreased [Reserved] Policy CM-2.2.1: [Reserved] Policy CM-2.2.2: [Reserved] Goal CM-3: [Reserved] Objective CM-3.1: Allows navel of the City of Miami. [Reserved] Policy CM-3.1.1: along the shoreline. [Reserved] * * Policy CM-4.1.3: Measures whieh-provideinq for the protection of City owned historic properties from destruction in the event of a major storm, and contingency plans for each site's restoration in the event of destruction or major damage will be developed by 1992 remain in effect. Policy CM-4.1.6: City of .Miami Page 4 of 9 Printed On: 5/14/2004 File Number: 04-00463 * [Reserved] Policy CM-5.1.1: By 1991, tThe City will continue to identify potential historic districts and conduct further surveys of contributing and noncontributing buildings. (See Land Use Policy LU-2.1.1.) Policy CM-5.1.2: By--1-994 tThe City will continue to develop and implement a computerized database of all relevant information for all 3,358 sites in the Miami -Dade County Historic Survey. This listing will show, in three categories, all properties of historic, architectural or archaeological significance; together with their priority ranking for presentation. (See Land Use Policy LU-2.1.2.) Policy CM-5.1.3: The City has designated 6.067 historic sites and thrcofive historic districts pursuant to the Historic Preservation Article of the Zoning Ordinance City Code. An additional 26 sites (or groups of multiple sites) and six districts have been identified as potentially worthy of designation " . Of these, the City will designate 2510 individual sites and fotwo districts by 19912001. (See Land Use Policy LU-2.3.2.) * * Policy CM-5.1.5: By 1994, tThe City will+ndwie--continue to provide information on the city's historic, architectural and cultural heritage for inclusion in public information, economic development promotion and tourism materials. (See Land Use Policy LU-2.5.4.) * Natural Resource Conservation Policy NR-1.1.1: By 1990, assess the extent of As a precondition to the development or redevelopment of Virginia Key landfill, a comprehensive assessment will be made of environmental hazards that are the result of past disposal activities and other relevant environmental concerns. Such assessment will be made in cooperation with appropriate County, State and Federal environmental agencies, and an action plan to reduce or eliminate any associated - hazards will be formulated 2. See Coastal Management Policy CM-1.1.1.) Policy NR-1.1.2: The City will retrofit the number of storm water that discharges into the Miami River and its tributaries, the Little River and directly into Biscayne Bay, If positive drainage systems to these water bodies are deemed to be the only feasible method of maintaining adequate storm drainage, then these storm sewers will be designed and constructed to retain grease and oil and minimize pollutant discharges. (See Sanitary and Storm Sewers Policy 2.2.1 and Coastal Management Policy CM-1.1.2.) Policy NR-1.1.3: Ordinance .1 [Reserved] City of Miami Page 5of9 Printed On: 5/14/2004 File Number: 04-00463 * Policy NR-1.1.7: The City will increase code enforcement to prevent illegal disposal of hazardous waste into the city`s natural resources such as the Miami River and Biscayne Bay, and will encourage Miami -Dade County to approve and post signs warning against illegal disposal. * Policy NR-1.2.4: The City of Miami will continue to cooperate with the Miami River Commission, which has been granted broad powers over environmental and other issues related to the Miami River by state statute. Among the issues to be addressed by the commission are those related to acceptable water quality standards for the Miami River and its tributaries. The City of Miami will cooperate with the Miami River Commission in establishing such standards and, to the extent feasible, achieving them. * * Policy NR-1.3.9: To the extent that there are wetlands on the Resources of Regional Significance, State Save Our Rivers, or Dade County Environmentally Endangered Lands acquisition lists within the City of Miami, nigh priority consideration will be given to public acquisition and management of such properties when such actions are feasible. * * Policy NR-2.1.2: The City will continue to enforce 13 4d code -South Florida Building Code requirements for the on -site retention of the first inch of storm water runoff. (See Sanitary and Storm Sewers Policy SS-2.2.5.) Policy NR-2.1.3: The City will continue to sSupport the South Florida Water Management District efforts to monitor the water levels at the salinity control structures within the city to prevent against further saltwater intrusion and protect the aquifer recharge areas and cones of influence of wellfields from contamination. (See Natural Groundwater Aquifer Recharge Policy AR-1.1.3.) * * Policy NR-2.1.6: By 1995 the City renovations. City of Miami Page 6 of 9 Printed On: 5/14/2004 File Number: 04-00463 Ordinance .}[Reserved] Policy NR-2.1.8: * by Ordinance .}[Reserved] * * Policy NR-3.1.1: Continue wWorking with county, state and federal environmental agencies, incr osc_ to ensure that the number of air quality monitoring stations by 1991 to the level needed is sufficient to ensure accurate monitoring of air quality in areas most likely to have problems. * Policy NR-3.2.2: y Comprehensive Development -- Although mass transit can be operated within the City of Miami only under the absolute authority of Metropolitan Miami -Dade County, the City of Miami's continued development requires the provision of efficient mass transit and paratransit services that serve existing and future trip generators and attractors, the provision of safe and convenient mass transit passenger transfer terminal facilities, and the accommodation of the special needs of the City of Miami's population. Therefore, the City of Miami will support Metropolitan Miami -Dade County in theprovision of these essential mass transit services. (See Transportation Objective 1.5) * Capital Improvements Policy CI-1.1.15: The City will seek to attain a bond rating of investment grade to ensure that its citizens benefit from the lowest possible interest rates on its bonds, fAdded by Ordinance.] Objective CI-1.2: Comprehensive Plan, the City will °Ensure that future land development regulations and policies, and are consistent with the City's ability to provide the capital facilities required to maintain adopted LOS standards and those needed to maintain or enhance the quality of life within the city. (See Coastal Management Objective CM-1.4.) * * Policy CI-1.2.3: Acceptable Level of Service Standards for public facilities in the City of Miami are: a) Recreation and Open Space -- 1.3 acres of public park space per 1000 residents. (See Parks, City of Miami Page 7 of 9 Printed On: 5/14/2004 File Number: 04-00463 Recreation and Open Space Policy PR-1.4.4.) b) Potable Water Transmission Capacity - 200 gallons/resident/day. (See Potable Water Policy PW-1.2.1 and Natural Resource Conservation Policy NR-2.1.5.) c) Sanitary Sewer Transmission Capacity -- 100 gallons/resident/day. See Sanitary and Storm Sewers Policy SS-1.3.1.) d) Storm Sewer Capacity -- Issuance of any development permit shall require compliance with a drainage level of service standard of a one -in -five-year storm event. r storm (See Sanitary and StormSewers Policy SS-2.1.3.) e) Solid Waste Collection Capacity -- 1.28 tons/resident/year. (See Solid Waste Collection Policy SW-1.1.1.) f) Traffic Circulation -- The minimum level of service standard on limited access, arterial, and collector roadways that are not within designated Transportation Corridors is LOSE, with allowable exceptions and justifications therefor, with LOS measured by conventional WC --methodology. Within designated Transportation Corridors, which include approximately 95% of the roadway mileage within the City of Miami, a minimum LOS E is also maintained, but the measurement methodology is based on peak -hour person -trips wherein the capacities of all modes, including mass transit, are used in calculating the LOS. Specific levels of service by location and mode are set out in Policies TR-1.1.2 and TR-1.1.3 of the Transportation Policies in- element of the Miami Comprehensive Neighborhood Plan 1989 2000. Section 3. The City Manager is directed to instruct the Director of the Planning and Zoning Department to immediately transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY City of Miami Page 8 of 9 Printed On: 5/14/2004 File Number:: 04-00463 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}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 immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 9 of 9 Printed On: 5/14/2004