Loading...
HomeMy WebLinkAboutO-12635City of Miami Legislation Ordinance: 12635 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00463 Final Action Date: 12/9/2004 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: By 1990 the City will assess As a precondition to the development or redevelopment of Virginia Key, 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, City of Miami Page 1 of 9 File Id: 04-00463 (Version: 1) Printed On: 10/19/2016 File Number: 04-00463 Enactment Number: 12635 State and Federal 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 begin 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. A such storm watcr outfalls will be retrofitted by 1999. 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:© The City will take actions to reduce the level of contaminants carrier! into Biscayne within these water bodies will be reduced by at least 20 percent. These actions will include, but not be limited to: modificaiton and improved maintenance of storm and sanitary sewer systems; increased - - to drcdgc contaminated sediments from river bottoms. (See Natural Resource Conservation Policy NR 1.1.3.)[Reserved] Policy CM-1.1.4: The City will peek cooperative agreements and funding 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- 1991, the City will cs funding sources required to reduce point and non -point sources of pollution within the City's boundaries. Policy CM-1.1.10: By 1990, the City will develop a master plan for Watson Island and all development or redevelopment therein will be in conformance with such plan. Development or redevelopment of Watson Island will ensure that land -uses and activities will not have an adverse [Reserved] Policy CM-1.1.12: The City will continue to require that all new and renovated marinas meet octablish by 1992 marina siting requirements and receive appropriate county, state, and federal approvals during the development permitting processprodueers and that such requirements will at a minims m meet standards established by Miami Dade County DERM, the State of Florida DEP, and all other applicable state and federal standards. Live aboard -vessels will not be permitted unle.s there are adequate upland facilities which result in minimum risk to the quality of the coastal environment. These siting requirements will apply to all new and renovated marinas. * City of Miami Page 2 of 9 File Id: 04-00463 (Version: 1) Printed On: 10/19/2016 File Number: 04-00463 Enactment Number: 12635 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 corridors, the protection of travel corridors, and the promotion of public awareness of wildlife resources. {Added by Ordinance .l 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 .l 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, Eensureing adequate public access to such uses, and minimizing user conflicts Biscayne Bay and the citys shorelinc. Objective CM-2.1: Prevent the net loss „f anal ,where 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 Ian-d-use and 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 by 199/1. (See Parks, Recreation and Open Space Policy PR-1.1.12.) Policy CM-2.1.3: By 1994 2000, prepare an implementation plan for 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: By 1991, prepare an implementation plan for the bay walk and river wesed in the City's Downtown Master Plan and b y 1 994, iden ify unel-arr is ng—ss^ourres B Q9 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 will be completed and the de„elopment of the bay walk along City owned property will be completed as specified in that implementation plan. Policy CM-2.1.5: By 1991, prepare design guidelines for the bay walk and river walk along privately City of Miami Page 3 of 9 File Id: 04-00463 (Version: 1) Printed On: 10/19/2016 File Number: 04-00463 Enactment Number: 12635 governing waterfront developments. [Reserved] Policy CM-2.1.6: R 92, consider the need for and appropriatones of roof urine appropriate shoreline stabilization as part of development or redevelopment of waterfront properties. [Reserved] Policy CM-2.1.7: By 1990, 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 950011000 (Zoning Ordinance for the City of Miami) all new development and redevelopment along the downtown waterfront is required to provide a waterfrontcpccial setbacks;,_and those developments within Special Districts (SDs) that require publicly accessible shoreline walkways, will design them in conformance with the established standards "Baywalk/Riverwalk Design Standards." (See Parks, Recreation and Open Space Policy PR-1.5.7.) Policy 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 .l 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 increased physical public access to Virginia Key and Watson Islam! through their appropriate development or redevelopment. [Reserved] Policy CM-2.2.1: By 'I 99 prepare a development implementation plan for Virginia Key and by 1999, identify sources for funding. [Reserved] Policy CM-2.2.2: By 'I99 prepare a development implementation plan for Watson Island! and! by 1999, identify sources for funding. [Reserved] Goal CM-3: Provide an adequate supply of land for water dependent uses. [Reserved] Objective CM-3.1: Allow no net loss of acreage devoted to water dependent uses in the coastal area of the City of Miami. [Reserved] Policy CM-3.1.1: Future land use and development regulations will encourage water dependent uses along the shoreline. [Reserved] Policy CM-4.1.3: Measures which provideing 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. City of Miami Page 4 of 9 File Id: 04-00463 (Version: 1) Printed On: 10/19/2016 File Number: 04-00463 Enactment Number: 12635 Policy CM-4.1.6: The City will work with the South Florida Regional Planning Council to develop a model post disaster redevelopment plan. The City will prepare its own redevelopment plan by 1992 which will porvide guidance for long term repair and redevelopment activities; the removal, relocation or structural modification of damaged infrastructure and unsafe structures. [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 1994, 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 5067 historic sites and threefive historic districts pursuant to the Heritage Conservation 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 (see Future Land Use Map entitled "Historic District Boundaries and Historically Signifanct Properties Meriting Protection"). Of these, the City will designate 2510 individual sites and fourtwo districts by 199/12001. (See Land Use Policy LU-2.3.2.) * * * Policy CM-5.1.5: By 1994, tThe City will include 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 at the Virginia Key landfill 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 by 1992. See Coastal Management Policy CM-1.1.1.) Policy NR-1.1.2: By 1990, begin to reduce the quantityThe 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_ and by 1994 havc at (cast the first 10 stormwater outfas retrofitted 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.) City of Miami Page 5 of 9 File Id: 04-00463 (Version: 1) Printed On: 10/19/2016 File Number: 04-00463 Enactment Number: 12635 Policy NR-1.1.3: Beginning in 1990, take actions to reduce the level of contaminants carried into water bodies will be reduced by at least 20 percent. (See Coastal Management Policy CM 1.1.3.) [Deleted by Ordinance .} [Reserved][ 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 newly created 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, high priority consideration will be given to public acquisition and management of such properties when such actions are feasible. [Added by Ordinance .} Policy NR-2.1.2: The City will continue to enforce building 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 will develop and adopt an acceptable city level water conservation plan which lists specific measures to be taken on a regular basis as well as in emergency drought conditions; such measures will include but not be limited to: 1, Requiring plumbing fixtures which use low volumes of water in new developments and renovations. City of Miami Page 6 of 9 File Id: 04-00463 (Version: 1) Printed On: 10/19/2016 File Number: 04-00463 Enactment Number: 12635 2, Where appropriate, require xeriscape landscaping which is the use of plants in landscaping which require little or no irrigatiis is in accordance with South Florida Water Management District (SFWMD) policies. 3: Distribute water conservation information to the public which details voluntary water conservation practices for oosse that are mandatory during drought conditions. [Deleted by Ordinance .}[Reserved] Policy NR-2.1.8: The City will adopt an emergency water conservation ordinance by 1990 that is consistent with the existing Miami Dade County emergency water conservation ordinance as well as the emergency water conservation policies of the South Florida Water Management District. [Deleted by Ordinance .}[Reserved] Policy NR-3.1.1: Continue wWorking with county, state and federal environmental agencies, incr so 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: Support those elements of the Miami Dade County Comprehensive Development Master Plan that encourage the use of Metrorail and Metromover by directing high density new d-evelopm land use policies that do not foster the proliferation of employment centers in the suburban areas of the county. (See Transportation Objective TR 1.5 and associated policies.) 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 the provision 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. [Added by Ordinance.} Objective CI-1.2: Thro ,gh the implementation section of the Capital Improvement Element of its Comprehensive Plan, the City will eEnsure that future land development regulations and policies and previously issued land development orders 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 City of Miami Page 7 of 9 File Id: 04-00463 (Version: 1) Printed On: 10/19/2016 File Number: 04-00463 Enactment Number: 12635 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, 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. For the storm drainage system as a wholc, 20 perccnt of the cxisting system will be brought to a standard of a one in five year storm event by the year 2000. (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 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. City of Miami Page 8 of 9 File Id: 04-00463 (Version: 1) Printed On: 10/19/2016 File Number: 04-00463 Enactment Number: 12635 Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} 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 File Id: 04-00463 (Version: 1) Printed On: 10/19/2016