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Home My WebLink AboutLegislation (v2)x ,, City of Miami r f. _ Legislation Ordinance File Number: 15-00323ct City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AN EXPEDITED STATE REVIEW PROCESS PURSUANT TO CHAPTER 163.3184(3), FLORIDA STATUTES BY AMENDING AND ADDING SPECIFIC GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE, POTABLE WATER, COASTAL MANAGEMENT, NATURAL RESOURCE CONSERVATION, CAPITAL IMPROVEMENTS, AND INTERGOVERNMENTAL COORDINATION ELEMENTS; AND INCORPORATING A 20 -YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE; AS REQUIRED BY FLORIDA STATUTES, CHAPTER 163.3177(6)(c)3; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes ("F.S."), the Miami Comprehensive Neighborhood Plan ("MCNP") was adopted by the Miami City Commission pursuant to Ordinance No. 10544 adopted February 9, 1989; and WHEREAS, Chapter 163, Part II, F.S. required that each local government prepare and adopt a Water Supply Facilities Work Plan in to their comprehensive plan and revise the Natural Ground Water, Potable Water, Natural Resource Conservation, Capital Improvements and Intergovernmental Coordination Elements (the "Infrastructure Elements") within 18 months after the water management district approves a regional water supply plan or its update; and WHEREAS, the South Florida Water Management District adopted the Lower East Coast Water Supply Plan, on February 15, 2007; and WHEREAS, the City Commission adopted a Water Supply Facilities Work Plan with MCNP amendments, and incorporated them into its Comprehensive Plan on April 22, 2010; and WHEREAS, the South Florida Water Management District adopted a Lower East Coast Water Supply Plan Update, on September 12, 2013; and WHEREAS, the City of Miami Planning, Zoning and Appeals Board, at its meeting on April 15, 2015, Item No.7, following an advertised public hearing, adopted by Resolution No. PZAB-R-15-018, by a vote of six to two (6-2), recommending APPROVAL to the 20 -year Water Supply Facilities Work Plan Update and amendments to the MCNP; and WHEREAS, on , 2015, the City Commission held a duly noticed public hearing, at which time it considered the recommended changes from staff, and from members of the public; and WHEREAS, the City Commission on ,2015, voted to transmit the 20 Year Water Supply City of Miami Page I of 7 File Id. I5-00323ct (version: 2) Printed On: 51412015 File Number: 15-00323ct Facilities Work Plan Update and MCNP Amendments for review by state, regional and local agencies as required by law; and NOW, THEREFORE, BE IT RESOLVED 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 as if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan, is hereby amended by amending the text of the Policies of said Ordinance as follows: {1 } FUTURE LAND USE Objective LU -1.8 The location, desiqn and management practices of development and redevelopment in the City shall ensure the protection of natural resources and systems by recognizing, and sensitively respondinq to constraints posed by climate change and sea level rise Policy LU -1.8.1 The City shall assist Miami -Dade County in their analysis on climate change and its impacts on the built environment addressing development standards and regulations related to investments in infrastructure, development/redevelopment and public facilities in hazard prone areas including areas vulnerable to sea level rise, tidal floodinq and other impacts of climate change. Recommendations from the analysis shall address appropriate changes to land use designations and zoning of impacted properties, and development standards, amonq other relevant considerations. Policy LU -1.8.2. The City shall make the practice of adapting the built environment to the impacts of climate change and sea level rise, an integral component of all planning processes, including but not limited to comprehensive planning, infrastructure planning, building and life safety codes, emergency management and development regulations, stormwater management, and water resources management. Policy LU -1.8.3. The City shall actively participate in the Southeastern Florida Regional Climate Change Compact and collaborate to increase regional climate change resiliency by sharinq technical expertise, assessing regional vulnerabilities, advancing agreed upon mitigation and adaptation strategies and develooina ioint state and federal leaislation policies and oroarams. Policy LU -1.8.4. The City shall work with Miami -Dade County to determine the feasibility of designating areas in the City as Adaptation Action Areas as provided by Section 163.3177(6)(q)(10), Florida Statute, and designate Adaptation Action Areas as provided by Section 163.3164(1), Florida Statute, in order to determine those areas vulnerable to coastal storm surge and sea level rise impacts for the purpose of developing policies for adaptation and enhance the funding potential of infrastructure adaptation projects. Policy LU -1.8.5. The City shall work with Miami -Dade County to support the implementation City of Miami Page 2 of 7 File Id. I5-00323ct (Version: 2) Printed On: 51412015 File Number: 15-00323ct of climate related policies, through education, advocacy and incentive programs such as public outreach, including workshops and a website with relevant information. POTABLE WATER Policy PW -1.2.2: Pursuant to Chapter 163.3177(6)(c), F.S., the City adopted an updated Water Supply Facilities Work Plan (contained in Appendix PW -1 of the MCNP) for a 20 -year planning period201( 4-2033) that is consistent with the current Lower East Coast Water Supply Plan Update approved by the South Florida Water Management District (SRWMD) and the current adopted County Water Supply Facilities Work Plan. The City's Work Plan and the County's Work Plan are incorporated into the City's Comprehensive Plan. The City's work plan will be updated, at a minimum, every 5 years and within 18 months after the South Florida Water Management District's approval of an updated Lower East Coast Regional Water Supply Plan. (See Natural Resource Conservation Policy NR -2.1.7.) Policy PW -1.3.1: The City's adopted an updated Water Supply Facilities Work Plan (Work Plan), dated 8steber 2009 March 2015, is incorporated as follows in Appendix PW -1 of the MCNP. This document is designed to: assess current and projected potable water demands; evaluate the sources and capacities of available water supplies; and, identify those water supply projects, using all available technologies, necessary to meet the City's water demands for a 20 -year period. The Work Plan shall remain consistent with projects as listed in the South Florida Water Management District's Lower East Coast Regional Water Supply Plan. The Work Plan will be updated, at a minimum, every 5 -years and within 18 months after the South Florida Water Management District's approval of an updated Lower East Coast Regional Water Supply Plan. The Work Plan shall address climate change and sea level rise that may impact the potable water infrastructure and sources. The potable water supply facilities necessary to satisfy projected water demands for the City of Miami during the 7007 2020 2014-2033 period are shown in Appendix A of the Water Supply Facilities Work Plan (Appendix PW -1). Policy PW -1.3.3: The City shall support Miami -Dade County efforts to consider areas that will be impacted by sea level rise when building, expanding or planning for new facilities such as water treatment plants, Policy PW -1.3.4:. The City shall take all necessary steps to ensure that all future development shall comply with the landscape standards in Sections 18-A and 18-B of Miami -Dade County Code. (See related Policies NR -2.1.8 and NR -2.1.9) City of Miami Page 3 of 7 File Id. 15-00323ct (!Version: 2) Printed On: 51412015 File Number: 15-00323ct COASTAL MANAGEMENT Policy CM -1.4.2:. Rise in sea level projected by the federal government, and refined by the Southeast Florida Regional Climate Change Compact, shall be taken into consideration in all future decisions regarding the design, location, and development of infrastructure and public facilities in the City. (See related policy CI -1.2.6) NATURAL RESOURCE CONSERVATION Policy NR -2.1.7: The City adopted an Updated Water Supply Facilities Work Plan (contained in Appendix PW -1 of the MCNP) for a 20 -year planning period from 2014 to 2033, that is consistent with the current South Florida Water Management District Lower East Coast Water Supply Plan Updates approved by the South Florida Water Management District (SFWMD) and the current adopted County Water Supply Facilities Work Plan. The City's Work Plan and the County's Work Plan are incorporated into the City's Comprehensive Plan. (See Potable Water Policy PW -1.2.2.) Policy NR -3.2.6 The City will reduce human exposure to air pollution by taking into consideration climate change mitigation and adaptation strategies from the recommendations of the Southeast Florida Regional Climate Change Compact to reduce greenhouse gas emissions in accordance with all applicable regulations. CAPITAL IMPROVEMENTS 1.2.3: Potable Water Transmission Capacity - 492.05 -gallons/ resident/day. (See Potable Water Policy PW -1.2.1 and Natural Resource Conservation Policy NR -2.1.5.). Policy CI -1.2.6. Rise in sea level projected by the federal government, and refined by the Southeast Florida Regional Climate Change Compact, shall be taken into consideration in City of Miami Page 4 of 7 File Id. 15-00323ct (version: 2) Printed On: 51412015 File Number: 15-00323ct all future decisions regarding the design, location, and development of infrastructure and public facilities in the City to meet or exceed adopted Level of Service (LOS) Standards. (See related policy CM -1.4.2) INTERGOVERNMENTAL COORDINATION Policy IC -1.1.89: In its development of future potable water supplies and the Water Supply Facilities Work Plan as outlined in Objective PW -1.3, the City shall consider, and be compatible, with the South Florida Water Management District's Lower East Coast Regional Water Supply Plan. Policy IC -1.1.810: The City of Miami shall coordinate with Miami -Dade County WASD by requiring applications to be reviewed by MDWASD during the site plan review process prior to approving a Building Permit, in order to determine whether adequate water supplies will be available to serve the development by the anticipated issuance date of the certificate of occupancy for properties located within the City of Miami. The City will monitor proposed amendments to the Miami -Dade County Comprehensive Development Master Plan as they relate to water supply and sea level rise planning in the City of Miami and provide input as necessary. Policy IC -1.1.11. The City shall participate in the Southeast Florida Regional Climate Change Compact and shall coordinate with other agencies, local municipalities, and the private sector to develop initiatives and goals to address climate change mitigation and adaptation. Climate related goals that support regional climate change objectives shall be integrated into the City's Comprehensive Plan as appropriate. Policy IC -1.1.12. All City departmental master plans and strategic business plans shall include and prioritize climate change mitigation and adaptation strategies. Climate change related amendments shall be recommended through the next feasible, regularly scheduled amendment process or departmental master plan update for each respective planning document. a) Each City department shall consider extending planning horizons as appropriate to adequately address (i.e. 30, 50, 75 -year plans) the projected long-term climate change impacts into resource allocation recommendations. b) All new departmental climate change policies and programs shall be monitored for effectiveness. Policy IC -2.1.1: The City will continue its active participation in the Miami -Dade Planners' Technical City of Miami Page 5 of 7 File Id. 15-00323ct (!Version: 2) Printed On: 51412015 File Number: 15-00323ct Committee (PTC) for the purpose of addressing common concerns and sharing resources toward solving planning problems, water supply needs and coordinate water use issues stemming from sea level rise as needed with particular emphasis on examining State of Florida planning requirements in the context of Miami -Dade County's unique governmental structure to more effectively coordinate local planning efforts - Section 3. Ordinance No. 10544, as amended, the MCNP, is hereby amended by incorporating 20 -year Water Supply Facilities Work Plan Update (contained in Appendix PW -1 of the MCNP) of the said Ordinance as attached in "Exhibit A". Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its approval on first reading pursuant to Section 163.3184, Florida Statutes, and after its adoption on second reading pursuant to Section 163.3184, Florida Statutes; to reviewing agencies and any other person or entity requesting a copy or as required by law. Section 5. The City shall hold its second public hearing for adoption of this Ordinance within 180 days after receipt of agency comments pursuant to s. 163.3184(3)(c)1, Florida Statute. Section 6. Within 10 days after adoption on second reading the City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance to the appropriate agencies pursuant to s. 163.3184 Florida Statutes. Section 7. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 8. 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 9. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3184(3), Florida Statutes. Section 10. The effective date of this plan amendment shall be the date a final order is issued by the Department of Economic Opportunity or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b), Florida Statutes, whichever is applicable. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Economic Opportunity Community Affairs, Division of Community Planning, Plan Processing Team. {2} City of Miami Page 6 of 7 File Id: 15-00323ct (!Version: 2) Printed On: 51412015 File Number: 15-00323ct APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ 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 unless vetoed by the Mayor within ten (10) 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, whichever is later. City of Miami Page 7 of 7 File Id. I5-00323ct (Version: 2) Printed On: 51412015