2017-4150 Ordinance FREEBOARD
ORDINANCE NO. 2017-4150
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART A —
GENERAL ORDINANCES, OF THE CITY CODE, BY AMENDING
CHAPTER
54 "FLOODS" AT SECTIONS 54-39, ENTITLED
"ESTABLISHMENT OF DEVELOPMENT PERMIT;" IN ORDER TO
SPECIFICALLY ADOPT THE CITY'S STORMWATER MASTER
PLAN, AS
MAY BE AMENDED, AND TO REQUIRING 5/7 VOTE OF
FULL CITY COMMISSION TO LESSEN ANY OF THE
STORMWATER REQUIREMENTS CONTAINED IN CHAPTER 54;
TO AMEND
SECTION 54-45, "PERMIT PROCEDURES," TO
CORRECT
THE TITLE OF THE CITY'S STORMWATER MASTER
PLAN; AND
BY AMENDING SUBPART B — "LAND DEVELOPMENT
REGULATIONS,"
BY AMENDING SECTION 114-1, ENTITLED
"DEFINITIONS," IN ORDER TO CORRECT THE NAME OF THE
CITY'S STORMWATER MASTER PLAN; PROVIDING
CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, sea
level rise and floodingis an ongoing concern of the City; and
infrastructure including buildings must also retrofit and
WHEREAS, low lying
adapt to increased water levels or elevate in order to reduce risk or maintain low risk
from potential flood damage; and
it is appropriate to ensure that the Stormwater Master Plan, as may
WHEREAS,
be amended, is incorporated into Chapter 54, entitled "Flooding" of the City's Code; and
WHEREAS, the City's Stormwater Master Plan provides guidance and
regulations to ensure minimumflood-proofing
flood- roofin requirements to protect residential and
provide structures,
and to additional levels of protection to maintain
consistency with U.S. Federal and State guidance, and
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WHEREAS, the City
desires to require a 517th vote of the City Commission in
order to reduce, relax, diminish, or repeal eal the requirements of Chapter 54, and of the
Stormwater Master Plan, incorporated by reference therein.
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WHEREAS, these regulations will accomplish these goals and ensure that the
public health, safety and welfare will be preserved.
NOW THEREFORE
BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
" at Section 54-45, "Permit Procedures," is amended
SECTION 1. Chapter 54, "Floods,
as follows:
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CHAPTER 54
FLOODS
of development permit; adoption of the city's
Sec. 54 39. Establishmentp
and requiring 5/7 vote of the full city commission to
stormwater master plan; q
lessen any of the stormwater requirements contained in this Chapter 54. Repeal
or modification of this 5/7 vo modification tin• re•uirement shall re•uire a 5/7 vote of the full
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city commission.
A development permit shall be required in conformance with the provisions of this
article prior to the
commencement of anydevelopment activities. All developments or
applications for developmentpermits ermits shall comply with the city's stormwater master
The adoption of any as may be amended. ordinance that would reduce, relax,
of this
diminish, or repeal the requirementsChapter 54, shall require a 5/7 vote of the
city commission.
* * *
Sec. 54-45 Permit Procedures
Application for a developmentpermit ermit shall be made to the building director or his/her
designee on forms furnished or prior byhim her t0 any development activities, and may
the following but not be limited to, plans in duplicate drawn to scale showing the
nature, location, dimension, and elevations of the area in questions, existing and
proposed structures, earthen fill, storage of materials or equipment, drainage facilities,
and the location of the foregoing. Specifically, the following information is required:
(1) Application stage:
* * *
(f) A stormwater management plan and site drainage calculations, for
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tions and substantial improvement, shall be prepared by a
new constructions
Florida licensed engineer in accordance with the CDM Smith 2011 City's
Sto rmwate r
Master Plan, as may be amended, to demonstrate that
adequate surface drainage shall be provided and surface run-off water
a storm conveyance shall be diverted to or other approved point of
collection, in accordance with Florida Building Code Sections 1804 and
The site shall be graded in manner to drain surface water away
R401.3.
from foundation
walls in accordance with Florida Building Code Sections
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1804 and R401.3.
All site drainage for new construction shall be designed
and constructed in
such a manner as to provide runoff rates, volume and
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pollutant loads not exceeding predevelopment conditions and prevent
flooding adjacent properties.
SECTION 2. Chapter 114, "General Provisions," of the Land Development Regulations,
at Section 114-1, "Definitions," is hereby amended as follows:
CHAPTER 114
GENERAL PROVISIONS
Sec. 114-1. Definitions.
* * *
Grade, adjusted means the midpoint elevation between grade and the minimum
required flood elevation for a lot or lots.
Grade, average existing
means the average grade elevation calculated by averaging
xistin topographytaken at 10-foot intervals along the property
spot elevations of the a g
lines.
Grade, future adjusted means the midpoint elevation between the future crown of the
Smith
road as defined in the CDMCity's Stormwater Master Plan, as may be
amended, and the
base flood elevation plus minimum freeboard for a lot or lots.
Green infrastructure shall be as defined in Section 54-35.
* * *
SECTION 3. CODIFICATION.
It is the intentionMayorCity
of the and Commission of the City of Miami Beach,
and it is hereby ordainedprovisions that the of this ordinance shall become and be
City made part of the Code
of the of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may changed be chap ed to "section", "article", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 5. SEVERABILITY. .
clause or provision of this Ordinance is held invalid,
If any section, subsection,
the remainder shall not be affected by such invalidity.
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SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect 10 days after enactment.
a ,
PASSED AND ADOPTED this 3/ d y
of
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ATTEST: 1 ,y
/4/ ( /
;ri.4449/Iirri /Philip Le-{ ne,
/ or '
,
411 I i in
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Rear E. nado, Ci Clerk APPROVED AS TO
FORM & LANGU' c
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First
Reading: October 18, 2017 & FOR EXECU •►,
411,"
31, 2017 i� ' 0f /01, y/7_,
Second Reading: OctoberDote
Attor '1.Y
f Aity
Underline = new language
= deleted language
[Sponsored by Commissioner John Aleman and Co-sponsored by Commissioner Joy
Malakoff]
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Ordinances - R5 B
it\A I AM I BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 31, 2017
9:35 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
EACH FLORIDA, AMENDING SUBPART A- GENERAL ORDINANCES, OF
MIAMI B ,
THE CITY CODE, BY AMENDING CHAPTER 54 "FLOODS" AT SECTIONS 54-39,
ENTITLED "ESTABLISHMENT OF DEVELOPMENT PERMIT;" IN ORDER TO
SPECIFICALLY ADOPT THE CITY'S STORMWATER MASTER PLAN, AS MAY BE
AMENDED, AND TO REQUIRING 5/7 VOTE OF FULL CITY COMMISSION TO
LESSEN ANY OF THE STORMWATER REQUIREMENTS CONTAINED IN
TER TO AMEND SECTION 54-45, "PERMIT PROCEDURES," TO
CHAP 54;
CORRECT THE TITLE OF THE CITY'S STORMWATER WATER MASTER PLAN; AND BY
AMENDING SUBPART B - "LAND DEVELOPMENT REGULATIONS," BY
AMENDING SECTION 114-1, ENTITLED "DEFINITIONS," IN ORDER TO
CORRECT THE NAME OF THE CITY'S STORMWATER MASTER PLAN;
PROVIDING DING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
The City adopted the 2011 Stormwater Management Master Plan (SWMMP) by Resolution 2012-
28068.
is intended to be a guide for improving the City's stormwater management system
This plan
yearplanning performance for a
20lannin horizon, with considerations of potential sea level rise over 20
years for stormwater infrastructure and 50 years for seawall heights. Periodically, due to updated
climateprojections,ections, it is important to update the SWMMP to stay current and viable.
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Items such as roadway elevation, levels of service for roads, precipitation design rates and
distribution, seawall
elevations, and minimum future grade elevations have been presented to the
Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise on several occasions.
On February 12, adopted 2014, the Cityado ted Resolution 2014-28499, which approved the
The FloodingMitigation Committee to amend the SWMMP so as to modify the
recommendation of T h g y
design criteria for the
water level in Biscayne Bay be increased from 0.5 Ft-NAVD to 2.7 Ft-NAVD
for
all tidal boundary conditions.
Rise recommend that
Mayor's Blue Ribbon Panel on Flooding and Sea Level
On July 21, 2015, the y private seawall cap on all new construction and all public seawall construction be changed from
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3.2 feet NAVD to 5.7
feet NAVD throughout the City; provided, however, that for properties with
Page 66 of 376
existing private seawalls that are being replaced/repaired not associated with new building
construction, the
Panel recommended applying a minimum 4.0 NAVD elevation, as long as the
structural design to accommodate a seawall height extension to a minimum 5.7 NAVD.
On May 11, Mayor the Ma or and City Commission adopted Ordinances 2016-4009, relating to
City amending Chapter
54 of the Code entitled "Floods" to define City of Miami Beach Freeboard,
and modify grade how elevation and height are defined due to flooding and climate change.
Also on May 11, Mayor the Ma or and City Commission adopted Ordinance 2016-4010, relating to
amending Chapter
118, of the Land Development Code, to incorporate the same Freeboard
definitions, and procedures for how to determine grade elevation and height as a result of flooding
and climate change.
The SWMMP needs to be amended to incorporate modifications to the standards for the
construction of new systems,stormwater s stems, and developments; which standards would
incorporate higher elevations in order to reduce the risk of flooding; redefine the level of service and
design storm; and define minimum"future grade" and seawall heights.
At the Mayor's Blue
Ribbon Panel on Flooding and Sea Level Rise on July 18, 2017, the members
discussed and recommended that the SWMMP be codified and require a super majority of the
Commission to
reduce the resiliencystandards incorporated therein. Sea level rise and flooding is an
y lying ongoing concern of
the City. Low I in infrastructure including buildings must either retrofit and adapt
to increased water levels or elevate in order to reduce risk or maintain low risk from potential flood
damage. It is appropriate to ensure that the SWMMP, as may be amended, gets incorporated into
Chapter 54, of the City of Miami Beach's City Code, entitled "Flooding".
The proposed Ordinance specifically adopts the SWMMP as may be amended in the future. All
p y p
applications for development permits shall comply P. In addition, the
developments or with the SWMMP
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adoption of
anyordinance that would reduce, relax, diminish, or repeal the requirements of Chapter
ter
54, shall require a 5/7 vote of the City Commission.
The City's SWMMPprovides rovides g uidance and regulations to ensure minimum flood-proofing
requirements to protect
residential and commercial structures, and to provide additional levels of
protection to maintain consistency with U.S. Federal and State guidance.
Following
discussion at the CityCommission meeting of October 18, 2017, additional language was
added to the Ordinance amendment on the dais, requiring a 5/7 vote of the City Commission in order
to repeal or modify the voting mandate.
CONCLUSION
The Administration recommends approving the Resolution.
Legislative Tracking
Public Works
Sponsor
Commissioner John Elizabeth Aleman & Co-sponsored by Commissioner Joy Malakoff
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ATTACHMENTS:
Description
D FINAL ORDINANCE
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