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HomeMy WebLinkAboutSubmittal Memo FRCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : FROM : District Commissioners City Manager Stephanie N. Grindell, PE Director DATE: May 9, 2007 FILE: SUBJECT : Substitution Changes to PH.1 REFERENCES: ENCLOSURES:Li: Li CHANGE #1 PUBL -,-.7 7- W @ k R T0 J� L SUMMARY OF CHANGYFP M pftONE2_ . Original Agenda Item: Ordinance Amendment to Chapter 20-4, entitled, "Development within the Special Flood Hazard Areas" Substitution Item: No change proposed for this section. CHANGE #2 Original Agenda Item: Ordinance Amendment to Chapter 29, entitled, "Landfills and Waterfront Improvements", Section 29-89 (4) PREVIOUSLY stated... "All seawalls or bulkhead must be designed to protect against flooding, and shall be at least as high as the base flood elevation as of the new construction or substantial improvement, as depicted in the Dade County flood criteria maps, and as the same shall be amended from time to time." Substitution Item: Ordinance Amendment to Chapter 29, entitled, "Landfills and Waterfront Improvements", Section 29-89 (4) changes PROPOSED... "For all waterfront properties east of US-1, except those fronting the Miami River, the top elevation of new seawalls shall be set at +5.00 NGVD, if located north of the Rickenbacker Causeway, and set at +6.00 NGVD if located south of the Rickenbacker Causeway. This criteria applies for new construction or when substantial improvements to a property are performed. This subsection is not to be interpreted to impair the obligation of contracts under the Constitution of the United States. New Agenda Item 5/10/2007 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ON s-kb-o, AGENDA ITEM SUMMARY FORM FILE ID: Date: 05/07/2007 Requesting Department: Public Works Commission Meeting Date: 05/10/2007 District Impacted: All Type: El Resolution ® Ordinance ❑ Emergency Ordinance ❑ Discussion Item El Other Subject: Ordinance amending City Code- Chapter 29, "Landfills and Waterfront Improvements" Purpose of Item: Adoption of an Ordinance amending Chapter 29, of the Code of the City of Miami, Florida, entitled, "Landfills and Waterfront Improvements," Article III, `Bulkheads, Seawalls, Piers, Docks, Groins, Marine Railways and Other Similar Structures," Section 29-89 "Design" to require seawalls or bulkhead on all waterfront properties east of US-1, except those fronting the Miami River, to be above the official Miami -Dade County flood criteria map 120-13-2. Background Information: The City of Miami (the "City") is a coastal community where from time to time the normal tidal waters flood coastal low lying areas, creating a safety and health issue. As such, the property owners have a responsibility to prevent the flooding while also keeping the aesthetic aspect of the community. Establishing a design standard specification for seawalls or bulkheads on all waterfront properties east of US-1, except those fronting the Miami River, to protect the health and safety of the citizens and property of the City. It is necessary to revise the seawall construction requirements and elevation levels in accordance with the official Miami -Dade County Flood Criteria Map 120-13-2. The Public Works Department finds that the adoption of this Ordinance is beneficial to all waterfront properties east of US-1, except those fronting the Miami River. Budget Impact Analysis NO Is this item related to revenue? NO Is this item an expenditure? If so, please identify funding source below. General Account No: Special Revenue Account No: CIP Project No: NO Is this item funded by Homeland Defense/NeighborhSUNITTSMTO THE Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: Final Approvals (SIGN AND DATE) PUBLIC RECORD FOR 1TEM?1.1 ON-o-ci CIP Budget Musing or receiving capital funds Grants Risk Management Purchasing Dept. Director f _ 11 _ k \�j NI Chief /`,G1 n„ n l ' i,,�,L� City Manager fr City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00340 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE III/SECTION 29-89, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES/DESIGN," TO REQUIRE SEAWALLS TOP ELEVATION TO BE ABOVE THE OFFICIAL MIAMI-DADE COUNTY FLOOD CRITERIA MAP 120-13-2; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is a coastal community where from time to time the tidal waters flood, enter and rise, creating frequent flooding problems within the limits of the City jeopardizing the health, safety, and welfare of the City and all persons residing therein; and WHEREAS, property owners have a responsibility to prevent the flooding of their property, to safeguard not only their own life and property, but also the life and property of their neighbors and the community at large; and WHEREAS, construction of flood prevention measures protects the health, safety and welfare of the entire community, which is paramount to fiscal or aesthetic interests; and WHEREAS, establishing design standard specification for seawalls or bulkhead on waterfront property in the Special Flood Hazard Areas is to protect the health, safety and welfare of the citizens and property of the City; and WHEREAS, as a result of the recurring flooding problem, it is necessary to revise the seawall construction requirements and elevation levels in accordance with official Miami -Dade County Flood Criteria Map 120-13-2; and WHEREAS, the City Commission finds that the adoption of this Ordinance is protective of the health, safety, and welfare of the City and all persons residing therein; 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 Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 29/Article III/Section 29-89, entitled "Landfills and Waterfront Improvements/Bulkheads, Seawalls, Piers, Docks, Groins, Marine Railways and Other Similar Structures/Design," is amended in the following paVIVIITTED INTO THE PUBLIC RECORD FOR City of Miami Pagel1EM ?tv.1 ON_-jo-b1'.°5'912007 File Number: 07-00340 "Chapter 29 LANDFILLS AND WATERFRONT IMPROVEMENTS ARTICLE III. BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES Sec. 29-89. Design. Design analysis. Responsibility for proper design rests with the engineer who prepares the plans. Each improvement shall be designed to support all Toads that may come upon it; to withstand the forces of water, wind and usage; and to meet the specific requirements of the public works departmer i for locations elevticn, and construction. (1) General. Any improvement, bulkhead, seawall, pier, wharf, dock, groin, cut, marine, railway or other related structure included in this article shall admit of rational analysis in accordance with well -established principles of mechanics and sound engineering practices, and without exceeding the allowed stresses for the various materials as specified in the South Florida Building Code. (2) Bulkheads. Bulkheads and all parts thereof shall be designed to support the estimated or actual imposed Toad, either dead, live or any other, both during construction and after the completion of such bulkhead. (3) Terrace -type wall. Subject to certain types of conditions of the site or location of the improvement, step -type bulkheads or terrace -type walls will be permitted. (4) For all waterfront properties east of US-1, except those fronting the Miami River, the top elevation of new seawalls shall be set at +5.00 NGVD, if located north of the Rickenbacker Causeway, and set at +6.00 NGVD if located south of the Rickenbacker Causeway. This criteria applies for new construction or when substantial improvements to a property are performed. This subsection is not to be interpreted to impair the obligation of contracts under the Constitution of the State of Florida. Section 3. All ordinances or parts of ordinances in so far as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} City of Miami SUBMITTED INTO THE PUBLIC RECORD FOR Page IiEMeu.iON sl 5/W2°V File Number: 07-00340 APPROV D AS TO FORM AND CORRECTNES JORGE 4.. FE n NANDEZ CITYATTOR Y Footnotes: {1} Words and/c, figures stricken through shall be deleted. Underscored words grid/cil 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. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PA -I ON . City of Miami Page 3 of 3 Printed On: 5/9/2007 Diaz, Julianne From: Grindell, Stephanie N Sent: Tuesday, May 08, 2007 2:03 PM To: Conway, Mary; 'Amanda Quirke'; Diaz, Julianne Cc: 'Elizabeth Bernardo'; 'Santiago ECHEMENDIA'; Suarez -Rivas, Rafael Subject: RE: Flood ordinance- Thursday Jules, Please revise the legislation as appropriate. If you email me the changes, I will sign and get Mary to sign (we are both at City Hall). I have a 4pm at MRC so I can bring it back for the balance of signatures and to submit to Rafael Suarez -Rivas for review. Thanks Stephanie N. Grindell, P.E. Director of Public Works City of Miami - Miami Riverside 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Phone (305) 416-1200 Original Message From: Conway, Mary Sent: Tuesday, May 08, 2007 1:46 PM To: Amanda Quirke; Diaz, Julianne Cc: Grindell, Stephanie N; Elizabeth Bernardo; Santiago ECHEMENDIA Subject: RE: Flood ordinance- Thursday Stephanie and I have no problem with the proposed language change. PW will brief the commissioner's office. Thanks for pointing this out for us. It was unintentional on our part. Regards, Mary H. Conway, P.E. Chief of Operations City of Miami 444 S.W. 2nd Avenue Miami, FL 33130-1910 Phone: (305) 416-1027 Fax: (305) 416-1019 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM vu.t ONs-to-i . Original Message From: Amanda Quirke [mailto:aq@tewlaw.com] Sent: Tuesday, May 08, 2007 1:19 PM To: Diaz, Julianne Cc: Conway, Mary; Grindell, Stephanie N; Elizabeth Bernardo; Santiago ECHEMENDIA Subject: RE: Flood ordinance- Thursday The language carves out our client's property because he is not "fronting the waters of Biscayne Bay." We respectfully request that the language be modified to state: "For all waterfront properties east of US-1, except those fronting the 1 Diaz, Julianne From: Sent: To: Cc: Subject: Conway, Mary Tuesday, May 08, 2007 1:46 PM Amanda Quirke; Diaz, Julianne Grindell, Stephanie N; Elizabeth Bernardo; Santiago ECHEMENDIA RE: Flood ordinance- Thursday Stephanie and I have no problem with the proposed language change. PW will brief the commissioner's office. Thanks for pointing this out for us. It was unintentional on our part. Regards, Mary H. Conway, P.E. Chief of Operations City of Miami 444 S.W. 2nd Avenue Miami, FL 33130-1910 Phone: (305) 416-1027 Fax: (305) 416-1019 Original Message From: Amanda Quirke [mailto:aq@tewlaw.com] Sent: Tuesday, May 08, 2007 1:19 PM To: Diaz, Julianne Cc: Conway, Mary; Grindell, Stephanie N; Elizabeth Bernardo; Santiago ECHEMENDIA Subject: RE: Flood ordinance- Thursday The language carves out our client's property because he is not "fronting the waters of Biscayne Bay." We respectfully request that the language be modified to state: "For all waterfront properties east of US-1, except those fronting the Miami River, the top elevation of new seawalls..." This limits application of the ordinance to Commissioner Sarnoff's District, and includes the bayfront properties. I think this is the most efficient way to address the concerns previously raised. Can you please advise at your earliest convenience if Public Works is amenable to this modification? Amanda Quirke Tew Cardenas LLP Four Seasons Tower 1441 Brickell Avenue 15th Floor Miami, Florida 33131-3407 www.tewlaw.com (305) 536-8216 *********************************************** This transmission is intended to be delivered only to the named addressee(s) and may contain information that is confidential, SUBM1TTED INTO THE PUBLIC RECORD FOR ITEM ONs-ie-o� . 1 proprietary, attorney work -product or attorney -client privileged. If this information is received by anyone other than the named addressee(s), the recipient should immediately notify the sender by E-MAIL and by telephone ((305) 536-1112) and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s). Thank you. »> "Diaz, Julianne" <JuDiaz@ci.miami.fl.us> 5/8/2007 11:23 AM »> Attached is the revised legislation. The signed copies will be available on the day of Commission for distribution. If by chance I get the signed copy, I'll forward it on. However, this should do since it is the final version. Julianne Diaz Assistant Director Public Works Department (305) 416-1260 Original Message From: Grindell, Stephanie N Sent: Tuesday, May 08, 2007 To: 'aq@tewlaw.com' Cc: Diaz, Julianne; Conway, Mary; Subject: Re: Flood ordinance- Thursday 8:56 AM SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ?AA ONs-10-6-1 'SDE@tewlaw.com' It is very late to offer changes. Fortunately, we the issue you suggested. Jules, Please forward a copy of the revised legislation Stephanie N. Grindell Director of Public Works have already addressed to Amanda. This communication may contain confidential and/or otherwise proprietary material and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. Original Message From: Amanda Quirke <aq@tewlaw.com> To: Grindell, Stephanie N Cc: Diaz, Julianne; Conway, Mary; Santiago ECHEMENDIA <SDE@tewlaw.com> Sent: Tue May 08 08:50:22 2007 Subject: Re: Flood ordinance- Thursday Stephanie, Have the commissioners been briefed on the ordinance? I know that some of the commissioners expressed concern over properties along the Miami River, etc. Maybe we could just change the language to say "Biscayne Bay" instead 2 of "waterfront properties not on the Atlantic Ocean subject to tidal fluctuation" to alleviate their concerns? Is there anything we can do to help you before Thursday? Amanda Quirke Tew Cardenas LLP Four Seasons Tower 1441 Brickell Avenue 15th Floor Miami, Florida 33131-3407 www.tewlaw.com (305) 536-8216 *********************************************** This transmission is intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney work -product or attorney -client privileged. If this information is received by anyone other than the named addressee(s), the recipient should immediately notify the sender by E-MAIL and by telephone ((305) 536-1112) and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s). Thank you. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM s4.1 ON s.,o o, . 3 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00340 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE III/SECTION 29-89, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES/DESIGN," TO REQUIRE SEAWALLS TOP ELEVATION TO BE ABOVE THE OFFICIAL MIAMI-DADE COUNTY FLOOD CRITERIA MAP 120-13-2; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is a coastal community where from time to time the tidal waters flood, enter and rise, creating frequent flooding problems within the limits of the City jeopardizing the health, safety, and welfare of the City and all persons residing therein; and WHEREAS, property owners have a responsibility to prevent the flooding of their property, to safeguard not only their own life and property, but also the life and property of their neighbors and the community at large; and WHEREAS, construction of flood prevention measures protects the health, safety and welfare of the entire community, which is paramount to fiscal or aesthetic interests; and WHEREAS, establishing design standard specification for seawalls or bulkhead on waterfront property in the Special Flood Hazard Areas is to protect the health, safety and welfare of the citizens and property of the City; and WHEREAS, as a result of the recurring flooding problem, it is necessary to revise the seawall construction requirements and elevation levels in accordance with official Miami -Dade County Flood Criteria Map 120-13-2; and WHEREAS, the City Commission finds that the adoption of this Ordinance is protective of the health, safety, and welfare of the City and all persons residing therein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 29/Article III/Section 29-89, entitled "Landfills and Waterfront Improvements/Bulkheads, Seawalls, Piers, Docks, Groins, Marine Railways and Other Similar Structures/Design," is amended in the following particularBMITTED INTO THE City of Miami paggEM P4.1 ON si3O)01Prinield On: 51812°°7 PUBLIC RECORD FOR File Number: 07-00340 "Chapter 29 LANDFILLS AND WATERFRONT IMPROVEMENTS ARTICLE III. BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES SUBMITTED INTO THE Sec. 29-89. Design. PUBLIC RECORD FOR ITEM ON - i . Design analysis. Responsibility for proper design rests with the engineer who prepares the plans. Each improvement shall be designed to support all Toads that may come upon it; to withstand the forces of water, wind and usage; and to meet the specific requirements of the public works department for location elevation and construction. (1) General. Any improvement, bulkhead, seawall, pier, wharf, dock, groin, cut, marine, railway or other related structure included in this article shall admit of rational analysis in accordance with well -established principles of mechanics and sound engineering practices, and without exceeding the allowed stresses for the various materials as specified in the South Florida Building Code. (2) Bulkheads. Bulkheads and all parts thereof shall be designed to support the estimated or actual imposed Toad, either dead, live or any other, both during construction and after the completion of such bulkhead. (3) Terrace -type wall. Subject to certain types of conditions of the site or location of the improvement, step -type bulkheads or terrace -type walls will be permitted. (4) verine or 'o S estl a eeik, • • -•_ • as eriri ierNe, shall be set at +5.00 NGVD, if located north of the Rickenbacker Causeway, and set at +6.00 NGVD if located south of the Rickenbacker Causeway This subsection is not to be interpreted to impair the obligation of contracts under the Constitution of tState of Florida. This ere- c-efib'es ,Ansa411-4,1f ZP/Tetie;5 ei_repaRc."40/. Section 4. All ordinances or parts of ordinances in so far as they are inconsistent or in conflict with the provisions of this Ordinance are 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} City ofMia►ni Page 2 oj3 Printed On: 5/8/2007 File Number: 07-00340 APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY 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. SUBMITTED INTO THE PUBLIC RECORD FOR lTEMi__ONl1Dlol . City of Miami Page 3 of 3 Printed On: S/8/2007 Original Agenda Item 3/8/2007 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ON City of Miami Master Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 07-00340 Version: 2 Controlling City Commission Status: Public Hearing Body: Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 29/ARTICLE III/SECTION 29-89, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTSBULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES/DESIGN," TO REQUIRE SEAWALLS TOP ELEVATION TO BE ABOVE THE OFFICIAL MIAMI-DADE COUNTY FLOOD CRITERIA MAP 120-13-2; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Reference: Name: Amending Ch. 20 "Flood Damage Prevention" Requester: Department of Public Works Notes: Introduced: 3/1/07 Cost: Final Action: Sections: Indexes: Attachments: 07-00340 Legislation .pdf, 07-00340 Summary Form.pdf, 07-00340 Memo.pdf, 07-00340 Notice of Public Hearing.pdf, 07-00340 Memo 2 .pdf, 07-00340 Pre-Notice.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 1 Office of the City 3/7/07 Reviewed and Attorney Approved 1 City Commission 4/12/07 DEFERRED SUBMITTED INTO THE PUBLIC RECORD FOR ITEMi ON . City of Miami Page 1 Printed on 5182007 AGENDA ITEM SUMMARY FORM FILE ID: 6-7- (50Y4.0 Date: 2/22/2007 Requesting Department: Public Works Commission Meeting Date: 3/22/2007 District Impacted: All Type: ❑ Resolution ® Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other Subject: Ordinance amending City Code - Chapter 20. "Flood Damage Prevention" and Chapter 29, "Landfills and Waterfront Improvements" Purpose of Item: Adoption of an Ordinance amending Chapter 20, of the Code of the City of Miami, Florida, entitled, "Flood Damage Prevention" by amending Section 20-4, entitled, "Development within Special Flood Hazard Areas" to require that seawalls or bulkhead on waterfront property in the special flood hazard areas be above the official flood criteria; and amending Chapter 29, of the Code of the City of Miami, Florida, entitled, "Landfills and Waterfront Improvements," Article III, "Bulkheads, Seawalls, Piers, Docks, Groins, Marine Railways and Other Similar Structures," Section 29-89 "Design" to require seawalls to be constructed above the official flood criteria. Background Information: See attached Agenda Item Summary Supplemental Form. Budget Impact Analysis NO Is this item related to revenue? NO Is this item an expenditure? If so, please identify funding source below. General Account No: Special Revenue Account No: CIP Project No: NO Is this item funded by Homeland Defense/Neighborh Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: Fg�! AnnrovaII LSTGPt AND DATE) INTO THE PUBLIC RECORD FOR ITEM1 ONs.u-oi . CIP Budget Glmnts or receiving capital !Wade Purchasing Chief I'[�tiy�� 43"1'v14 Risk Management Dept. Director City Manager raw SUPPLEMENT TO AGENDA ITEM SUMMARY FORM BACKGROUND INFORMATION: The City of Miami (the "City") is a coastal community where from time to time the tidal waters flood, enter and rise, creating frequent flooding problems within the limits of the City jeopardizing the health, safety, and welfare of the City and all persons residing therein. As such, the property owners have a responsibility to prevent the flooding of their property, to safeguard not only their own life and property, but also the life and property of their neighbors and the community at large. Therefore, construction of flood prevention measures protects the health, safety and welfare of the entire community, which is paramount to fiscal or aesthetic interests. Establishing design standard specification for seawalls or bulkhead on waterfront property in the Special Flood Hazard Areas is to protect the health, safety and welfare of the citizens and property of the City. It is necessary to revise the seawall construction requirements and elevation levels in accordance with flood hazard maps and guidelines prepared by the local, state, and Federal government. The Public Works Department finds that the adoption of this Ordinance is protective of the health, safety, and welfare of the City and all persons residing therein. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM Pu.i ON -to- . MITTED INTO PE of Miami IC RECORD Qgisiation M 1'I4•1 ONso°'ce City Halt 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00340 Final Action Date: AN ORDINANCE OF MIAMI CITY COMMISSION AMENDING CHAPTER 20/SECTION 20-4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FLOOD DAMAGE PREVENTION/ DEVELOPMENT WITHIN SPECIAL FLOOD HAZARD AREAS," TO REQUIRE THAT SEAWALLS OR BULKHEAD ON WATERFRONT PROPERTY IN THE SPECIAL FLOOD HAZARD AREAS BE ABOVE THE OFFICIAL FLOOD CRITERIA; FURTHER AMENDING CHAPTER 29/ARTICLE III/SECTION 29-89, ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS/BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES/DESIGN," TO REQUIRE SEAWALLS TO BE CONSTRUCTED ABOVE THE OFFICIAL FLOOD CRITERIA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is a coastal community where from time to time the tidal waters flood, enter and rise, creating frequent flooding problems within the limits of the City jeopardizing the health, safety, and welfare of the City and all persons residing therein; and WHEREAS, property owners have a responsibility to prevent the flooding of their property, to safeguard not only their own life and property, but also the life and property of their neighbors and the community at large; and WHEREAS, construction of flood prevention measures protects the health, safety and welfare of the entire community, which is paramount to fiscal or aesthetic interests; and WHEREAS, establishing design standard specification for seawalls or bulkhead on waterfront property in the Special Flood Hazard Areas is to protect the health, safety and welfare of the citizens and property of the City; and WHEREAS, as a result of the recurring flooding problem, it is necessary to revise the seawall construction requirements and elevation levels in accordance with flood hazard maps and guidelines prepared by the local, state, and Federal government; and WHEREAS, the City Commission finds that the adoption of this Ordinance is protective of the health, safety, and welfare of the City and all persons residing therein; 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 Resolution are adopted by reference and incorporated as If fully set forth in this Section. Section 2. Chapter 20/Section 20-4, of the Code of the City of Miami, Florida, as amended, entitled "Flood Damage Prevention/Development within special flood hazard areas," Is amended in the City of Mlaml Page 1 of 3 Printed On: 3/1/2007 File Number: 07-00340 following particulars:(1) "Chapter 20 SUBMITTED INTO THE FLOOD DAMAGE PREVENT! cUBLIC RECORD FOR Sec. 20-4. Development within special flood hazard areas. ITEM.__ONo-oi . (a) No new construction or substantial improvement of any residential structure or manufactured home shall be permitted in special flood hazard areas, and no permit referred to in section 20-3 of this chapter shall be issued therefore, unless (1) Said new construction or substantial improvement has the lowest floor (including basement) elevated to or above the level of the base flood (100-year flood). Electrical. plumbing and other attendant utilities are prohibited below the base flood elevation: and (2) For all waterfront property not on the Atlantic Ocean. subiect to tidal water level fluctuation. the height of any seawalls or bulkhead shall be greater than the level of the bate flood. as of the date of the new construction or substantial improvement. as depicted in the Dade County flood criteria maps W,C. 26.022 (Sheet 2 of 5), and as the same shall be amended from time to time. This section is nqt to be interpreted to impair the obligation of contracts under the Constitution of the State of Florida. Section 3. Chapter 29/Article III/Section 29-89, entitled "Landfills and Waterfront Improvements/Bulkheads, Seawalls, Piers, Docks, Groins, Marine Railways and Other Similar Structures/Design," is amended in the following particulars:{1} "Chapter 29 LANDFILLS AND WATERFRONT IMPROVEMENTS ARTICLE III. BULKHEADS, SEAWALLS, PIERS, DOCKS, GROINS, MARINE RAILWAYS AND OTHER SIMILAR STRUCTURES Sec. 29-89. Design. Design analysis. Responsibility for proper design rests with the engineer who prepares the plans. Each improvement shall be designed to support ail loads that may come upon it; to withstand the forces of water, wind and usage; and to meet the specific requirements of the public works department City of Miami Page 2 of 3 Printed On: 3/S/2007 File Number: 07-00340 for location and construction. (1) General. Any improvement, bulkhead, seawall, pier, wharf, dock, groin, cut, marine, railway or other related structure included in this article shall admit of rational analysis in accordance with well -established principles of mechanics and sound engineering practices, and without exceeding the allowed stresses for the various materials as specified in the South Florida Building Code. (2) Bulkheads. Bulkheads and all parts thereof shall be designed to support the estimated or actual imposed Toad, either dead, live or any other, both during construction and after the completion of such bulkhead. (3) Terrace -type wall. Subject to certain types of conditions of the site or location of the improvement, step -type bulkheads or terrace -type walls will be permitted. (4) All seawalls or bulkhead must be designed to protect against flooding. and shall be at least as high as the base flood elevation as of the date of the new construction or substantial improvement, as depicted in the Dade County flood criteria maps. and as the same shall be amended from time to time. * * * * *11 Section 4. Ail ordinances or parts of ordinances in so far as they are inconsistent or in conflict with the provisions of this Ordinance are 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: JOR L. FERNANDEZ CIA O)NEY SUBMITTED INTO THE PUBLIC RECORD FOR ITEM.t ON s-(o-o,. Footnotea : {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 3 of 3 Printed On: 3/1/2007 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Priscilla A. Thompson City Clerk FROM : DATE : April 17, 2007 FILE : SUBJECT: Request to Publish Notice of Public Hearing to Ordinance Amending Code Section 20 and Chapter 29 ie N. G • P.E. REFERENCES : blic Works D ctor ENCLOSURES: Please make arrangements to publish a Notice of Public Hearing for objections to a proposed amendment to Chapter 20, Section 20-4, as amended, entitled, "Flood Damage Prevention" and Chapter 29, Article III, Section 29-89, as amended, entitled, "Landfills and Waterfront Improvements" of the Code of the City of Miami, Florida. The public hearing has been scheduled for May 10, 2007. Please charge to Index Code 00001.202000.548100.0000.00000 SNG/jd APPROVED Elvi G. Alonso Agenda Coordinator SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ? \ ON - - o7.0 CITY OF MIAMI, FLORIDA NOTICE OF PUBLIC HEARING A public hearing will be held by the Commission of the City of Miami, Florida, on May 10, 2007, commencing at 9:00 a.m., in the City Commission Chambers located at City Hall, 3500 Pan American Drive, Miami, Florida for the purpose of hearing objections from any interested parties affected by the proposed Amendment of the following Codes of the City of Miami, Florida, specifically, Chapter 20, "Flood Damage Prevention", Section 20-4, as amended, entitled, "Development within Special Flood Hazard Areas" to require that seawalls or bulkhead on waterfront property in the special flood hazard areas be above the official flood criteria; and Chapter 29, "Landfills and Waterfront Improvements", Article III, "Bulkheads, Seawalls, Piers, Docks, Groins, Marine Railways and Other Similar Structures", Section 29-89 "Design" to require seawalls to be constructed above the official flood criteria. All interested individuals are invited to attend this hearing and may comment on the proposed issue. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this proceeding may contact the Office of the City Clerk at (305) 250-5360 (Voice) no later than two (2) business days prior to the proceeding or at (305) 250-5472 (TTY) no later than three (3) business days prior to the proceeding. (City Seal) (#16232) Priscilla A. Thompson, CMC City Clerk SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ON . CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : FROM : Priscilla A. Thompson City Clerk alom.04)0\-,\&u) Stepharue N. Grindell, P.E. Public Works Director DATE : SUBJECT : February 22, 2007 • FILE : Request to Publish Notice of Public Hearing to Ordinance Amending Code Section 20 and Chapter 29 REFERENCES: ENCLOSURES: Please make arrangements to publish a Notice of Public Hearing for objections to a proposed amendment to Chapter 20, Section 20-4, as amended, entitled, "Flood Damage Prevention" and Chapter 29, Article III, Section 29-89, as amended, entitled, "Landfills and Waterfront Improvements" of the Code of the City of Miami, Florida. The public hearing has been scheduled for . Please charge to Index Code 00001.202000.548100.0000.00000 APPROVE SNG/jd Agenda Coordinator SUBMrrrED INTO THE PUBLIC RECORD FOR ITEMpON0 - o-7 . CITY OF MIAMI, FLORIDA NOTICE OF PUBLIC HEARING A public hearing will be held by the Commission of the City of Miami, Florida, on April 12, 2007, commencing at 9:00 a.m., in the City Commission Chambers located at City Hall, 3500 Pan American Drive, Miami, Florida for the purpose of hearing objections from any interested parties affected by the proposed Amendment of the following Codes of the City of Miami, Florida, specifically, Chapter 20, "Flood Damage Prevention", Section 20-4, as amended, entitled, "Development within Special Flood Hazard Areas" to requirethat seawalls or bulkhead on waterfront property in the special flood hazard areas be above the official flood criteria; and Chapter 29, "Landfills and Waterfront Improvements", Article III, "Bulkheads, Seawalls, Piers, Docks, Groins, Marine Railways and Other Similar Structures,", Section 29-89 "Design" to require seawalls to be constructed above the official flood criteria. All interested individuals are invited to attend this hearing and may comment on the proposed issue. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this proceeding may contact the Office of the City Clerk at (305) 250-5360 (Voice) no later than two (2) business days prior to the proceeding or at (305) 250-5472 (TTY) no later than three (3) business days prior to the proceeding. (City Seal) (#16213) Priscilla A. Thompson, CMC City Clerk SUBMITTED INTO THE PUBLIC RECORD FOR ITEM . i ON s-io-.