HomeMy WebLinkAboutState Review MemoCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Lakisha Hull, AICP, LEED AP BD+C
Planning Director
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2017.012.30262
Sue Trone, AICP
Chief, Comprehensive Planning
DATE.
FILE:
SUBJECT:
REFERENCES:
ENCLOSURES:
August 31, 2023
File ID No. 13965
Expedited State Review Results for a text
amendment to the Miami Comprehensive
Neighborhood Plan
Agency Responses
On May 25, 2023, the City Commission recommended approval on first reading of
amendments to the Miami Comprehensive Neighborhood Plan (MCNP), to allow
residential facilities within the Major Institutional, Public Facilities, Transportation and
Utilities Future Land Use designation without them being ancillary to the primary use.
These amendments were transmitted through the expedited state review process
pursuant to Sec. 163.3184, Florida Statutes, within the proper time frame.
As a follow up to the comments provided by Miami Dade County, a meeting was held on
August 9, 2023, with the City of Miami and Miami Dade County staff. Attendees from the
County included Jerry Bell, Assistant Director for Planning, Department of Regulatory &
Economic Resources ("RER"); Garett Rowe, Chief, Comprehensive DMP
Administration; and Nathan Kogon, Assistant Director for Development Services. City
staff included Lakisha Hull, Planning Director; Sevanne Steiner, Assistant Planning
Director; and myself.
The staff from Miami -Dade County found the amendment supportive of the Strategic
Miami Area Rapid Transit ("SMART") Corridor Ordinance, and the Comprehensive
Development Master Plan ("CDMP"). The Department of Environmental Resources
Management ("DERM") found that redevelopment in the subject area may result in
infrastructure for potable water, wastewater, and storm water needing to be upgraded
when permits are requested. None of the agencies presented any challenge to the
amendments. The table below summarizes the outcome of the review.
Summary of Agency Comments through the Expedited State Review for the Proposed
Major Institutional, Public Facilities, Transportation and Utilities (File ID 13965
Agency
Transmittal
End of ESR Period
ESR Comments
Department of Economic Opportunity
6/23/2023
7/26/2023
No comment
Department of Environmental Protection
6/23/2023
7/23/2023
No adverse impact
Department of State
6/23/2023
7/23/2023
No response received
FL. Dept. of Transportation
6/23/2023
7/23/2023
No adverse impact
South FL Regional Planning Council
6/23/2023
7/23/2023
No response received
South FL Water Management District
6/23/2023
7/23/2023
No response received
No adverse impact; however, County staff
advised on matters relating to Historic
Preservation; WASD; DERM (regarding potable
water supply, freeboard, natural resources, and
Miami -Dade County Regulatory and Economic Resources
6/23/2023
7/23/2023
stormwater management).
I remain available to answer any questions regarding the review.
ST/jye
MIAMI DADS
Memorandum
Date: September 1, 2023
To: Jerry Bell, Assistant Director of Planning
Planning and Zoning Division, RER
From: Lisa M. Spadafina, RER Assistant Director
Division of Environmental Resources Management
Subject: City of Miami
DEO 23-04SR
COUNTY
The City of Miami has proposed an amendment to the Major Institutional, Public Facilities,
Transportation and Utilities Future Land Use designation in the Miami Comprehensive
Neighborhood Plan ("MCNP") to clarify the allowance of residential facilities.
The Division of Environmental Resources Management (DERM) has reviewed the documents
provided for this proposed amendment and offers the following comments for compliance with
Chapter 24 of the Code of Miami -Dade County, Florida (the Code):
Potable Water Supply and Wastewater Disposal
The City of Miami is located within the Miami -Dade Water and Sewer Department (MDWASD)
franchise service area for potable water service and wastewater disposal.
Provisions shall be made to provide public water and sewer services for any new development
within the subject area. The water main shall be evaluated and upsized if required based on any
proposed development and existing domestic and fire water flow demands. If a private sanitary
sewer pump station is required, the station shall be designed pursuant to Chapter 24-42.2 of the
County Code and Chapter 62-604, Florida Administrative Code.
All wastewater collection and/or transmission systems serving more than one parcel shall be
public. Private systems will be limited to one building on one parcel connecting directly to a public
system without traversing other parcels.
Any future construction within the subject area shall comply with the requirements mandated by
the Federal Consent Decree Case: NO. 1:12-cv-24400-FAM, effective Dec 6, 2013, with the goal
of eliminating all Sanitary Sewer Overflows (SSOs) and Prohibited Bypasses.
All public wastewater collection and transmission systems shall be protected from flood waters
and inflow by having all mechanical and electrical equipment and all system openings placed
above the Base Flood Elevation plus applicable freeboard and sea level rise. Freeboard and sea
level rise are independent and cumulative (e.g., for a BFE of 8-feet with 24-inch freeboard and
24-inch Sea Level Rise requirements, all openings shall be above 12-feet). Openings include, but
are not limited to, all manholes, pump station wet wells, and system vents. When the required
minimum elevations (BFE + Freeboard +Sea Level Rise) cannot be attained for system openings
(e.g., manholes, wet wells), openings shall be elevated to be protected from a 10-yr storm and
include water -tight and bolted covers/hatches. The entire assembly, structure, ring, frame, etc.,
shall be Water -Tight to sustain as a minimum, a water column pressure equivalent to the
difference between opening elevation and minimum required elevation (BFE + Freeboard +Sea
Level Rise). Freeboard shall be no less than 12-inches for substantial systems and 24-inches for
City of Miami proposed comprehensive plan amendment
DEO 23-04SR revised
2
essential systems. Sea Level Rise shall be, at a minimum, IPCC Median at 50 years. For example,
for a BFE of 8-feet, an essential system manhole opening shall be set at or above 8-feet + 24-
inches + 21-inches or 11—feet 9-inches or include a water -tight bolted cover. Essential systems
are those that serve essential facilities (e.g., hospitals) or are required to include an emergency
generator. All others are substantial systems.
Natural Resources
Pursuant to section 24-48.1 of the Code, any work in, on, over, or upon tidal waters requires a
Miami -Dade County Class I permit prior to the work being performed. The City of Miami enforces
its own tree protection and preservation code, any proposed impacts to tree resources will be
regulated by the City of Miami and must meet the minimum requirements of the Miami -Dade
County CDMP, which requires that specimen trees be preserved whenever reasonably possible.
In addition, all prohibited plants must be removed from the property prior to development or
redevelopment and developed parcels shall be maintained to prevent the growth or accumulation
of prohibited species.
Stormwater Management
Pursuant to Section 24-48.1(1)(b) of the Code, a DERM Class II permit is required for the
construction, installation, and/or alteration of any outfall or overflow system discharging into any
water body of Miami -Dade County.
Any construction activities that require dewatering will require a DERM Class V permit, according
to section 24-48.1(1)(e) of the Code. A DERM Class V permit is required for any dewatering of
groundwater, surface water, or water that has entered into an underground facility, excavation, or
trench.
Any new development or redevelopment involving 2 acres or more of impervious area or 10 acres
to the total area shall require a DERM Surface Water Management General Permit (SWMGP) for
the construction and operation of the required surface water management system.
For compliance with Miami -Dade County stormwater disposal requirements, all stormwater shall
be retained on -site utilizing a properly designed seepage or infiltration drainage system. Any
grading and drainage improvements within the parcels will require review and approval by DERM.
The road drainage systems shall provide service that complies with the minimum requirements
outlined in the Miami -Dade County Public Works Manual.
Any proposed development shall comply with county and federal flood criteria requirements.
Please contact the DERM Water Control Section at (305) 372-6681 or
dermwatercontrol@miamidade.gov for further information regarding permitting procedures and
requirements.
If you have any questions concerning the comments or wish to discuss this matter further, please
contact Christine Velazquez at (305) 372-6764.
MIAMI•�E�
CW
Sue Trone, AICP
Chief of Comprehensive Planning
City of Miami, Planning Department
444 SW 2 Avenue, 3rd Floor
Miami, Florida 33130
Department of Regulatory and Economic Resources
Planning Division, Metropolitan Planning Section
111 NW 1 Street • Suite 1250
Miami, Florida 33128-1902
305-375-2835
www.miamidade.gov/planning
July 21, 2023
Re: City of Miami's proposed amendment to the Major Institutional, Public Facilities, Transportation
and Utilities Future Land Use designation in the Miami Comprehensive Neighborhood Plan
("MCNP") to clarify the allowance of residential facilities via Expedited State Review process
(DEO 23-04ESR)
Dear Ms. Trone,
The Miami -Dade County Department of Regulatory and Economic Resources (Department) has
reviewed the proposed City of Miami Comprehensive Plan amendment. Our review is conducted to
identify points of consistency or inconsistency with the goals, objectives, policies, and relevant
provisions of the Miami -Dade County Comprehensive Development Master Plan (CDMP), and whether
the proposed amendments impact County public facilities and services.
The amendment proposes to amend the "Major Institutional, Public Facilities, Transportation and
Utilities" Future Land Use designation to allow residential development equivalent to "High Density
Multifamily Residential" or the least intense abutting/adjacent residential zoning district.
On September 1, 2022, the Miami -Dade County Board of County Commissioners adopted Ordinance
No. 22-106 (Miami -Dade Legislative Item File No. 22025) (the "SMART Corridor Ordinance"), which
amended Chapter 33C of the Miami -Dade County Code of Ordinances ("Code"). The SMART Corridor
Ordinance requires municipalities along the SMART Plan Corridors to comply with the minimum floor
area ratio and other standards set forth in subsection 33C-3.3(A)(2) by either demonstrating that their
existing standards and procedures comply with the new requirements or adopting new standards or
procedures. It is hereby noted that the proposed amendment increases the maximum densities (up to
150 dwelling units per acre) within the City's "Major Institutional, Public Facilities, Transportation and
Utilities" designated areas, most of which are located within 1/2 mile of a designated SMART Plan
Corridor. The amendment is supportive of the County's CDMP policies for higher intensity and mixed -
use developments within SMART Plan Corridors and, if adopted, may be used to help demonstrate
compliance with Section 33C-3.3 of the Code. Please note that a workforce housing development
program in accordance with the County's Workforce Housing Ordinance was required by December 31,
2022 (Section 33-193.7 of the Code).
Based on the information provided, CDMP's goals, objectives and policies, the proposed amendment is
generally consistent with the County's CDMP. The Office of Historic Preservation and the Miami -Dade
County Water and Sewer Department (WASD) offer the following courtesy comments, below, for your
review. The Division of Environmental Resources Management (DERM) has offered comments in the
attached memorandum.
Sue Trone, AICP
City of Miami 23-04ESR
July 21, 2023
Page 2 of 3
Office of Historic Preservation:
• The Miami -Dade County Office of Historic Preservation has reviewed the City of Miami
Comprehensive Plan Amendments (DEO 23-4ESR) and per County Comprehensive
Development Master Plan (CDMP) Objective LU-6 and Policy LU-61, which states that the
County shall "pursue efforts with other local, State and federal agencies to develop policies that
recognize the importance of designated historic resources and that comply with the provisions of
the County's Historic Preservation Ordinance." We also note that the Miami Comprehensive
Neighborhood Plan Future Land Use Goal LU-2 requires that the City "Preserve and protect the
heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse,
restoration and public awareness of Miami's historic, architectural and archaeological resources."
Numerous objectives and policies under that goal require ongoing identification and preservation
of historic, architectural, and archaeological resources.
In furtherance of the above -referenced policies, it is recommended that the City fulfills its
required obligations by surveying the area subject to the current zoning atlas amendment to
ensure any historically, architecturally, and/or archaeologically significant resources are not
adversely affected. It is further recommended that the City fill out and submit Florida Master Site
File forms for any resource in the subject area that reaches the 50-year benchmark for historic
resource eligibility prior to redevelopment activities. The City Office of Historic Preservation is
encouraged to reach out to property owners to discuss the potential for historic designation for
structures that are potentially eligible prior to any redevelopment activities. Properties that are
designated may be eligible for federal rehabilitation tax credits, or other local incentives.
Water and Sewer Department
• The City of Miami is within WASD's water and sewer service area. The water supply for the City
of Miami is provided by the Hialeah -Preston and the Alexander Orr Water Treatment Plant and
the sewer is transmitted to the Central District Wastewater Treatment Plant for treatment and
disposal. At the present time, there is adequate water and sewer treatment capacity at the
Plants, consistent with the County's CDMP Policy WS-2A(1) and WS-2A(2), respectively.
• Request for future water and sewer service within the City of Maimi shall be determined at the
time the proposed development occurs based on the adequacy and capacity of the County's
water and sewer systems at the time of the proposed development. At such time, a capacity
analysis will be performed to determine if water and sewer infrastructure extensions and/or
upgrades may be required for the proposed development.
If you or your staff have any questions, please contact me at Jerry.Bell@miamidade.gov or Garett Rowe,
Chief, Metropolitan Planning Section, at Garett.Rowe@miamidade.gov or you may call the office at 305-
375-2835.
Sincerely,
Jerry Bell, AICP
Assistant Director for Planning
JB/GR/smd
Sue Trone, AICP
City of Miami 23-04ESR
July 21, 2023
Page 3 of 3
Attachment: DERM Memorandum dated July 19, 2023
c: Barbara Powell, Plan Processing Administrator, Florida DEO, Division of Community Planning
Sarah Cody, Office of Historic Preservation
Maria Valdes, WASD
Christine Velazquez, DERM
DocuSign Envelope ID: 9D1 BA67E-866D-48D8-B080-FOOC4EF87FEC
RON DESANTIS
GOVERNOR
FDDT'•
Florida Department of Transportation
1000 N.W. 111 Avenue
Miami, Florida 33172
July 11, 2023
Ms. Barbara Powell
Plan Processing Administrator
Department of Economic Opportunity
Bureau of Comprehensive Planning Caldwell Building 107
East Madison — MSC 160
Tallahassee, Florida 33149
JARED W. PERDUE, P.E.
SECRETARY
Subject: Comments for the City of Miami Comprehensive Neighborhood Plan
Amendment FDEO #23-04ESR
Dear Ms. Powell:
Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing
agency as identified in Section 163.3184(1)(c), F.S., the Florida Department of
Transportation, District Six, reviewed the proposed text amendments to the City of
Miami's Neighborhood Comprehensive Plan. The proposed amendments modify text
within the Future Land Use Element and the Future Land Use Map.
The District reviewed the amendment package per Chapter 163 Florida Statutes
and found the proposed text amendment would not adversely impact transportation
resources and facilities of state importance.
Thank you for coordinating the review of this proposed amendments with FDOT.
If you have any questions, please do not hesitate to contact me by email at
shereen.yeefong@dot.state.fl.us or at 305-470-5393.
Sincerely,
DocuSigned by:
806CD06766964DD...
Shereen Yee Fong
Transportation Planner IV
www.fdot.gov www.southflroads.com
DocuSign Envelope ID: 9D1 BA67E-866D-48D8-B080-FOOC4EF87FEC
Ms. Barbara Powell
July 11, 2023
Page 2
Cc: Daniel Iglesias, P.E., Florida Department of Transportation, District 6
Dat Huynh, P.E., Florida Department of Transportation, District 6
Kenneth Jeffries, Florida Department of Transportation, District 6
Isabel Cosio Carballo, South Florida Regional Planning Council
Kathe Lerch, South Florida Regional Planning Council
Lakisha Hull, AICP, LEED AP BD+C, City of Miami
Trone, Sue
From:
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Subject:
Plan_Review <PIan.Review@dep.state.fl.us>
Friday, July 21, 2023 4:02 PM
Trone, Sue; DCPexternalagencycomments
Plan Review
Miami 23-04ESR Proposed
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To: Sue Trone, Chief of Comprehensive Planning
Re: Miami 23-04ESR — Expedited State Review of Proposed Comprehensive Plan Amendment
The Office of Intergovernmental Programs of the Florida Department of Environmental Protection
(Department) has reviewed the above -referenced amendment package under the provisions of Chapter 163,
Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to
important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters
of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails,
conservation easements; solid waste; and water and wastewater treatment.
Based on our review of the submitted amendment package, the Department has found no provision that, if
adopted, would result in adverse impacts to important state resources subject to the Depailment's jurisdiction.
Please submit all future amendments by email to Plan.Review@FloridaDEP.gov. If your submittal is too large
to send via email or if you need other assistance, contact Lindsay Weaver at (850) 717-9037.
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