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HomeMy WebLinkAboutState Review MemoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Lakisha Hull, AICP, LEED AP BD+C Planning Director ,-DocuSigned by: (,ai SLA. Grittt '-7F35EEF0C6C349F... Sue Digitally signed by Trone, Sue Trone, S U e Adobe Acrobativer 18:2ion? 04-04'00' 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: Sent: To: Cc: 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 CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. 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. i